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PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009

*Public Law 104-208
104th Congress
An Act
Making omnibus consolidated appropriations for the fiscal year ending September
30, 1997, and for other purposes.

Be it enacted by the Senate and House of Representatives
the United States of America in Congress assembled,

Sept. 30, 1996
[H.R. 3610]

of

DIVISION A

Omnibus
Consolidated
Appropriations
Act, 1997.

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the several departments, agencies, corporations and other organizational units of the
Government for the fiscal year 1997, and for other purposes, namely:
TITLE I—OMNIBUS APPROPRIATIONS
Sec. 101. (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations
Act:
AN ACT
Making appropriations for the Departments of Commerce, Justice, and State, the
Judiciary, and related agencies for the fiscal year ending September 30, 1997, and
for other purposes.

TITLE I—DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES

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

Departments of
Commerce,
Justice, and
State, the
Judiciary, and
Related Agencies
Appropriations
Act, 1997.
Department of
Justice
Appropriations
Act, 1997.

110 STAT. 3 0 0 9 - 1

PUBLIC LAW 104-208—SEPT. 30, 1996

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

For necessary expenses, as determined by the Attorney General,
$9,450,000, to remain available until expended, to reimburse any
Department of Justice organization for (1) the costs incurred in
reestablishing the operational capability of an office or facility which
has been damaged or destroyed as a result of the bombing of
the Alfred P. Murrah Federal Building in Oklahoma City or any
domestic or international terrorist incident, (2) the costs of providing
support to counter, investigate or prosecute domestic or international terrorism, including pa3anent of rewards in connection
with these activities, and (3) the costs of conducting a terrorism
threat assessment of Federal agencies and their facilities: Provided,
That funds provided under this heading shall be available only
after the Attorney General notifies the Committees on Appropriations of the House of Representatives and the Senate in accordance
with section 605 of this Act.
For an additional amount for necessEiry expenses, as determined
by the Attorney Greneral, $20,000,000, to remain available until
expended, to reimburse any Department of Justice organization
for (1) the costs incurred in reestablishing the operational capability
of an office or facility which has been damaged or destroyed as
a result of any domestic or international terrorist incident, or (2)
the costs of providing support to counter, investigate or prosecute
domestic or international terrorism, including payment of rewards
in connection with these activities: Provided, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
ADMINISTRATIVE REVIEW AND APPEALS

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3 0 0 9 - 2

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

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

For necessary expenses of the United States Parole Commission
as authorized by law, $4,845,000.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

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

110 STAT. 3 0 0 9 - 3

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3 0 0 9 - 4

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

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

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

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

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

110 STAT. 3 0 0 9 - 5

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

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

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

P U B L I C LAW 104-208—SEPT. 30, 1996

110 STAT. 3 0 0 9 - 6

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

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

For expenses authorized by 28 U.S.C. 524(c)(l)(A)(ii), (B), (C),
(F), and (G), as amended, $23,000,000, to be derived from the
Department of Justice Assets Forifeiture Fund.
RADIATION EXPOSURE COMPENSATION
ADMINISTRATIVE EXPENSES

For necessary administrative expenses in accordance with the
Radiation Exposure Compensation Act, $2,000,000.
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND

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

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

110 STAT. 3 0 0 9 - 7

PUBLIC LAW 104-208—SEPT. 30, 1996
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-8

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

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

For necessary expenses to construct or acquire buildings and
sites by purchase, or as otherwise authorized by law (including
equipment for such buildings); conversion and extension of federallyowned buildings; and preliminary planning and design of projects;
$41,639,000, to remain available until expended.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES A N D EXPENSES

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

110 STAT. 3009-9

PUBLIC LAW 104-208—SEPT. 30, 1996

$745,388,000, of which not to exceed $1,800,000 for research and
$15,000,000 for transfer to the Drug Diversion Control Fee Account
for operating expenses shall remain available until expended, and
of which not to exceed $4,000,000 for purchase of evidence and
pa3anents for information, not to exceed $4,000,000 for contracting
for automated data processing and telecommunications equipment,
and not to exceed $2,000,000 for laboratory equipment, $4,000,000
for technical equipment, and $2,000,000 for aircraft replacement
retrofit and parts, shall remain available until September 30, 1998;
and of which not to exceed $50,000 shall be available for official
reception and representation expenses: Provided, That not to exceed
25 permanent positions and 25 full-time equivalent workyears and
$1,828,000 shall be expended for the Office of Legislative Affairs
and Public Affairs: Provided further. That the latter two aforementioned offices shall not be augmented by personnel details, temporary transfers of personnel on either a reimbursable or nonreimbursable basis or any other t3T)e of formal or informal transfer
or reimbursement of personnel or funds on either a temporary
or long-term basis.
For an additional amount for security measures for domestic
and foreign Drug Enforcement Administration offices, $5,000,000:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
VIOLENT CRIME REDUCTION PROGRAMS

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

For necessary expenses to construct or acquire buildings and
sites by purchase, or as otherwise authorized by law (including
equipment for such buildings); conversion and extension of federallyowned buildings; and preliminary planning and design of projects;
$30,806,000, to remain available until expended.
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-10

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

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

110 STAT. 3 0 0 9 - 1 1

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions, including purchase (not to exceed 836, of which 572 are for replacement
only) and hire of law enforcement and passenger motor vehicles,
and for the provision of technical assistance and advice on corrections related issues to foreign governments; $2,768,316,000: Pro42 use 250a.
vided, That the Attorney General may transfer to the Health
Resources and Services Administration such amounts as may be
necessary for direct expenditures by that Administration for medical
relief for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison System
(FPS), where necessary, may enter into contracts with a fiscal
agent/fiscal intermediary claims processor to determine the amounts
payable to persons who, on behalf of the FPS, furnish health services to individuals committed to the custody of the FPS: Provided
further. That uniforms may be purchased without regard to the
general purchase price limitation for the current fiscal year: Provided further, That not to exceed $6,000 shall be available for
official reception and representation expenses: Provided further.
That not to exceed $90,000,000 for the activation of new facilities
shall remain available until September 30, 1998: Provided further.
That of the amounts provided for Contract Confinement, not to
exceed $20,000,000 shall remain available until expended to make
payments in advance for grants, contracts and reimbursable agreements, and other expenses authorized by section 501(c) of the
Refugee Education Assistance Act of 1980, as amended, for the
care and security in the United States of Cuban and Haitian
entrants: Provided further. That notwithstanding section 4(d) of
the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS may
'^ enter into contracts and other agreements with private entities
for periods of not to exceed 3 years and 7 additional option years
for the confinement of Federal prisoners: Provided further, That
18 use 4352
the National Institute of Corrections hereafter shall be included
°ote.
in the FPS Salaries and Expenses budget, in the Contract Confinement program and shall continue to perform its current functions
under 18 U.S.C. 4351, et seq., with the exception of its grant
program and shall collect reimbursement for services whenever
possible: Provided further, That any unexpended balances available
to the "National Institute of Corrections" account shall be credited
to and merged with this appropriation, to remain available until
expended.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-12

VIOLENT CRIME REDUCTION PROGRAMS

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

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

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

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

110 STAT. 3 0 0 9 - 1 3

PUBLIC LAW 104-208—SEPT. 30, 1996

disposition of facilities and other property belonging to the corporation or in which it has an interest.
OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-14

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

110 STAT. 3009-15

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-16

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

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

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention
Act of 1974, as amended, including salaries and expenses in connection therewith to be transferred to and merged with the appropriations for Justice Assistance, $170,000,000, to remain available until
expended, as authorized by section 299 of part I of title II and
section 506 of title V of the Act, as amended by Public Law 102586, of which (1) notwithstanding any other provision of law,
$5,000,000 shall be available for expenses authorized by part A
of title II of the Act, $86,500,000 shall be available for expenses
authorized by part B of title II of the Act, and $29,500,000 shall
be available for expenses authorized by part C of title II of the
Act: Provided, That $16,500,000 of the amounts provided for part
B of title II of the Act, as amended, is for the purpose of providing
additional formula grants under part B, for innovative local law
enforcement and community policing programs, to States that provide assurances to the Administrator that the State has in effect
(or will have in effect no later than 1 year after date of application)
policies and programs, that ensure that juveniles are subject to
accountability-based sanctions for every act for which they are
adjudicated delinquent; (2) $12,000,000 shall be available for
expenses authorized by sections 281 and 282 of part D of title
II of the Act for prevention and treatment programs relating to
juvenile gangs; (3) $10,000,000 shall be available for expenses
authorized by section 285 of part E of title II of the Act; (4)
$7,000,000 shall be available for expenses authorized by part G
of title II of the Act for juvenile mentoring programs; and (5)
$20,000,000 shall be available for expenses authorized by title V
of the Act for incentive grants for local delinquency prevention

110 STAT. 3009-17

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

18 use 3059
°ote.

SEC. 101. In addition to amounts otherwise made available
in this title for official reception and representation expenses, a
total of not to exceed $45,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney
General for official reception and representation expenses in accordance with distributions, procedures, and regulations established
by the Attorney General.
SEC. 102. Authorities contained in the Department of Justice
Appropriation Authorization Act, Fiscal Year 1980 (Pub. L. 9 6 132, 93 Stat. 1040 (1979)), as amended, shall remain in effect
until the termination date of this Act or until the effective date
of a Department of Justice Appropriation Authorization Act, whichever is earlier.
SEC. 103. None of the funds appropriated by this title shall
be available to pay for an abortion, except where the life of the
mother would be endangered if the fetus were carried to term,
or in the case of rape: Provided, That should this prohibition be
declared unconstitutional by a court of competent jurisdiction, this
section shall be null and void.
SEC. 104. None of the funds appropiiated under this title shall
be used to require any person to perform, or facilitate in any
way the performance of, any abortion.
SEC. 105. Nothwing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section
in any way diminishes the effect of section 104 intended to address
the philosophical beliefs of individual employees of the Bureau
of Prisons.
SEC. 106. Notwithstanding any other provision of law, not
to exceed $10,000,000 of the funds made available in this Act
may be used to establish and publicize a program under which
publicly-advertised, extraordinary rewards may be paid, which shall
not be subject to spending limitations contained in sections 3059
and 3072 of title 18, United States Code: Provided, That any reward

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-18

of $100,000 or more, up to a maximum of $2,000,000, may not
be made without the personal approval of the President or the
Attorney General and such approval may not be delegated.
SEC. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice
in this Act, including those derived from the Violent Crime Reduction Trust Fund, may be transferred between such appropriations,
but no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation except in compliance with
the procedures set forth in that section.
SEC. 108. Section 524(c)(8)(E) of title 28, United States Code,
is amended by striking the year in the date therein contained
and replacing the same with "1996".
SEC. 109. (a) Section 1930(a) of title 28, United States Code,
is amended in paragraph (3), by inserting "$" before "800", and
in paragraph (6), by striking everything after "total less than
$15,000;" and inserting in lieu thereof: "$500 for each quarter
in which disbursements total $15,000 or more but less than $75,000;
$750 for each quarter in which disbursements total $75,000 or
more but less than $150,000; $1,250 for each quarter in which
disbursements total $150,000 or more but less than $225,000;
$1,500 for each quarter in which disbursements total $225,000
or more but less than $300,000; $3,750 for each quarter in which
disbursements total $300,000 or more but less than $1,000,000;
$5,000 for each quarter in which disbursements total $1,000,000
or more but less than $2,000,000; $7,500 for each quarter in which
disbursements total $2,000,000 or more but less than $3,000,000;
$8,000 for each quarter in which disbursements total $3,000,000
or more but less than $5,000,000; $10,000 for each quarter in
which disbursements total $5,000,000 or more. The fee shall be
payable on the last day of the calendar month following the calendar
quarter for which the fee is owed.".
(b) Section 589a of title 28, United States Code, is amended
to read as follows:
**§ 589a. United States Trustee System Fund
"(a) There is hereby established in the Treasury of the United
States a special fund to be known as the 'United States Trustee
System Fund' (hereinafter in this section referred to as the 'Fund').
Monies in the Fund shall be available to the Attorney General
without fiscal year limitation in such amounts as may be specified
in appropriations Acts for the following purposes in connection
with the operations of United States trustees—
"(1) salaries and related employee benefits;
"(2) travel and transportation;
"(3) rental of space;
"(4) communication, utilities, and miscellaneous computer
charges;
"(5) security investigations and audits;
"(6) supplies, books, and other materials for legal research;
"(7) furniture and equipment;
"(8) miscellaneous services, including those obtained by
contract; and
"(9) printing.

110 STAT. 300^19

28 use 589a
note.
28 use 1930
note.

PUBLIC LAW 104-208—SEPT. 30, 1996

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

47 use 1021.

"SEC. 401. DEPARTMENT OF JUSTICE TELECOMMUNICATIONS CARRIER COMPLIANCE FUND.
"(a) ESTABLISHMENT OF FUND.—^There is hereby established

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-20

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

"(1) The Attorney General may terminate the Fund at
such time as the Attorney General determines that the Fund
is no longer necessary.
"(2) Any balance in the Fund at the time of its termination
shall be deposited in the General Fund of the Treasury.
"(3) A decision of the Attorney General to terminate the
Fund shall not be subject to judicial review.
"(d) AVAILABILITY OF FUNDS FOR EXPENDITURE.—Funds shall
not be available for obligation unless an implementation plan as
set forth in subsection (e) is submitted to each member of the
Committees on the Judiciary and Appropriations of both the House
of Representatives and the Senate and the Congress does not by
law block or prevent the obligation of such funds. Such funds
shall be treated as a reprogramming of funds under section 605
of the Department of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1997, and shall not be
available for obligation or expenditure except in compliance with
the procedures set forth in that section and this section.
"(e) IMPLEMENTATION PLAN.—The implementation plan shall
include:
"(1) the law enforcement assistance capability requirements
and an explanation of law enforcement's recommended interface;
"(2) the proposed actual and maximum capacity requirements for the number of simultaneous law enforcement communications intercepts, pen registers, and trap and trace devices
that authorized law enforcement agencies may seek to conduct,
set forth on a county-by-county basis for wireline services and
on a market service area basis for wireless services, and the
historical baseline of electronic surveillance activity upon which
such capacity requirements are based;
"(3) a prioritized list of carrier equipment, facilities, and
services deployed on or before January 1, 1995, to be modified
by carriers at the request of law enforcement based on its
investigative needs;
"(4) a projected reimbursement plan that estimates the
cost for the coming fiscal year and for each fiscal year thereafter, based on the prioritization of law enforcement needs
as outlined in (3), of modification by carriers of equipment,
facilities and services, installed on or before January 1, 1995.
"(f) ANNUAL REPORT TO THE CONGRESS.—The Attorney General

shall submit to the Congress each year a report specifically detailing
all deposits and expenditures made pursuant to this Act in each
fiscal year. This report shall be submitted to each member of
the Committees on the Judiciary and Appropriations of both the
House of Representatives and the Senate, and to the Speaker and
minority leader of the House of Representatives and to the majority
and minority leaders of the Senate, no later than 60 days after
the end of each fiscal year.".

110 STAT. 3 0 0 9 - 2 1

P U B L I C LAW 104-208—SEPT. 30, 1996

SEC. 111. It is the sense of the Congress that the Drug Enforcement Administration, together with other appropriate Federal agencies, should take such actions as may be necessary to end the
illegal importation into the United States of Rohypnol
(flunitrazepam), a drug frequently distributed with the intent to
facilitate sexual assault and rape.
SEC. 112. Section 1402 of the Victims of Crime Act of 1984,
as amended (42 U.S.C. 10601), is amended at subsection (e) by
deleting "2" and inserting "3", and at subsection (d) by adding
a new paragraph (5) as follows:
"(5) The Director may set aside up to $500,000 of the
reserve fund described in paragraph (4) to make supplemental
grants to United States Attorneys Offices to provide necessary
assistance to victims of the bombing of the Alfred P. Murrah
Federal Building in Oklahoma City, to facilitate observation
of and/or participation by such victims in trial proceedings
arising therefrom, including, without limitation, provision of
lodging and travel assistance, and to pay such other, related
expenses determined to be necessary by the Director.".
SEC. 113. Section 732 of Public Law 104-132 (110 Stat. 1303;
18 U.S.C. 841 note) is amended—
(1) in subsection (a), by adding at the end the following
new paragraph:
"(3) N E W PREVENTION TECHNOLOGIES.—In addition to

the

study of taggants as provided herein, the Secretary, in consultation with the Attorney General, shall concurrently report to
the Congress on the possible use, and exploitation of technologies such as vapor detection devices, computed tomography,
nuclear quadropole resonance, thermal neutron analysis, pulsed
fast-neutron analysis, and other technologies upon which recommendations to the Congress may be made for further study,
funding, and use of the same in preventing and solving acts
of terrorism involving explosive devices."; and
(2) by adding at the end the following new subsection:
"(f) SPECIAL STUDY.—

"(1) I N GENERAL.—^Notwithstanding subsection (a), the Secretary of the Treasury shall enter into a contract with the
National Academy of Sciences (referred to in this section as
the 'Academy*) to conduct a study of the tagging of smokeless
and black powder by any viable technology for purposes of
detection and identification. The study shall be conducted by
an independent panel of 5 experts appointed by the Academy.
"(2) STUDY ELEMENTS.—^The study conducted under this
subsection shall—
"(A) indicate whether the tracer elements, when added
to smokeless and black powder—
"(i) will pose a risk to human life or safety;
"(ii) will substantially assist law enforcement officers in their investigative efforts;
"(iii) will impair the quality and performance of
the powders (which shall include a broad and comprehensive sampling of all available powders) for their
intended lawful use, including, but not limited to the
sporting, defense, and handloading uses of the powders,
as well as their use in display and lawful consumer
pyrotechnics;

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-22

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

110 STAT. 3009-23

PUBLIC LAW 104-208—SEPT. 30, 1996

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

^endments of
Subsection 1. Age Discrimination Amendment.
29 use 621 note.
(a) REPEAL OF REPEALER.—Section 3(b) of the Age Discrimination in Employment Amendments of 1986 (29 U.S.C. 623 note)
is repealed.
(b) EXEMPTION.—Section 4(j) of the Age Discrimination in

Employment Act of 1967 (29 U.S.C. 6230')), as in effect immediately
before December 31, 1993—
(1) is reenacted as such section; £ind
(2) as so reenacted, is amended in paragraph (1) by striking
"and the individual has attained the age" and all that follows
through "1983, and" and inserting the following: ", the employer
has complied with section 3(d)(2) of the Age Discrimination
in Emplo3anent Amendments of 1996 if the individual was
discharged after the date described in such section, and the
individual has attained—

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-24

"(A) the age of hiring or retirement, respectively, in
effect under appHcable State or local law on March 3,
1983;or
"(B)(i) if the individual was not hired, the age of hiring
i n effect on the date of such failure or refusal to hire
under applicable State or local law enacted after the date
of enactment of the Age Discrimination in Employment
Amendments of 1996; or
"(ii) if applicable State or local law was enacted after
the date of enactment of the Age Discrimination in Employment Amendments of 1996 and the individual was discharged, the higher of—
"(I) the age of retirement in effect on the date
of such discharge under such law; and
"(II) age 55; and".
(c) CONSTRUCTION.—Nothing in the repeal, reenactment, and 29 USC 623 note,
amendment made by subsections (a) and (b) shall be construed
to make lawful the failure or refusal to hire, or the discharge
of, an individual pursuant to a law that—
(1) was enacted after March 3, 1983 and before the date
of enactment of the Age Discrimination in Employment Amendments of 1996; and
(2) lowered the age of hiring or retirement, respectively,
for firefighters or law enforcement officers that was in effect
under applicable State or local law on March 3, 1983.
Subsection 2. Study and Guidelines for Performance Tests. 29 USC 623 note.
(a) STUDY.—^Not later than 3 years after the date of enactment
of this Act, the Secretary of Health and Human Services, acting
through the Director of the National Institute for Occupational
Safety and Health (referred to in this section as the "Secretary"),
shall conduct, directly or by contract, a study, and shall submit
to the appropriate committees of Congress a report based on the
results of the study that shall include—
(1) a list and description of all tests available for the
assessment of abilities important for the completion of public
safety tasks performed by law enforcement officers and firefighters;
(2) a list of the public safety tasks for which adequate
tests described in paragraph (1) do not exist;
(3) a description of the technical characteristics that the
tests shall meet to be in compliance with applicable Federal
civil rights law and policies;
(4) a description of the alternative methods that are available for determining minimally acceptable performance standards on the tests;
(5) a description of the administrative standards that
should be met in the administration, scoring, and score
interpretation of the tests; and
(6) an examination of the extent to which the tests are
cost-effective, are safe, and comply with the Federal civil rights
law and policies.
(b) CONSULTATION REQUIREMENT; OPPORTUNITY FOR PUBLIC
COMMENT.—

(1) CONSULTATION.—The Secretary shall, during the conduct of the study required by subsection (a), consult with—

110 STAT. 3 0 0 9 - 2 5

PUBLIC LAW 104-208—SEPT. 30, 1996

(A) the Deputy Administrator of the United States
Fire Administration;
(B) the Director of the Federal Emergency Management
Agency;
(C) organizations that represent law enforcement officers, firefighters, and employers of the officers and firefighters; and
(D) organizations that represent older individuals.
(2) PUBLIC COMMENT.—Prior to issuing the advisory guide-,
lines required in subsection (c), the Secretary shall provide
an opportunity for public comment on the proposed advisory
guidelines.
(c) ADVISORY GUIDELINES.—Not later than 4 years after the
date of enactment of this Act, the Secretary shall develop and
issue, based on the results of the study required by subsection
(a), advisory guidelines for the administration and use of physical
and mental fitness tests to measure the ability and competency
of law enforcement officers and firefighters to perform the requirements of the jobs of the officers and firefighters.
(d) J O B PERFORMANCE TESTS.—
(1) IDENTIFICATION OF TESTS.^After

issuance of the
advisory guidelines described in subsection (c), the Secretary
shall issue regulations identifying valid, nondiscriminatory job
performance tests that shall be used by employers seeking
the exemption described in section 4(j) of the Age Discrimination in Employment Act of 1967 with respect to firefighters
or law enforcement officers who have attained an age of retirement described in such section 4(j).
(2) U S E OF TESTS.—Effective on the date of issuance of
the regulations described in paragraph (1), any employer seeking such exemption with respect to a firefighter or law enforcement officer who has attained such age shall provide to each
firefighter or law enforcement officer who has attained such
age an annual opportunity to demonstrate physical and mental
fitness by passing a test described in paragraph (1), in order
to continue employment.
(e) DEVELOPMENT OF STANDARDS FOR WELLNESS PROGRAMS.—

Not later than 2 years after the date of enactment of this Act,
the Secretary shall propose advisory standards for wellness programs for law enforcement officers and firefighters.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated $5,000,000 to carry out this section.
29 use 623 note.

Subsection 3. Elffective Dates.
(a) GENERAL EFFECTIVE DATE.—Except as provided in subsection (b), this title and the amendments made by this title shall
take effect on the date of enactment of this Act.
(b) SPECIAL EFFECTIVE DATE.—^The repeal made by section
2(a) and the reenactment made by section 2(b)(1) shall take effect
on December 31, 1993.
SEC. 120. Section 320935(e) of the Violent Crime Control and
Law Enforcement Act of 1994 is amended by inserting ", including
all trials commenced on or after the effective date of such amendments" after "such amendments".

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-26

SEC. 121. This section may be cited as the "Child Pornography
Prevention Act of 1996".
S u b s e c t i o n 1. F i n d i n g s .
Congress finds that—
(1) the use of children in the production of sexually explicit
material, including photographs, films, videos, computer
images, and other visual depictions, is a form of sexual abuse
which can result in physical or psychological harm, or both,
to the children involved;
(2) where children are used in its production, child pornography permanently records the victim's abuse, and its continued
existence causes the child victims of sexual abuse continuing
harm by haunting those children in future years;
(3) child pornography is often used as part of a method
of seducing other children into sexual activity; a child who
is reluctant to engage in sexual activity with an adult, or
to pose for sexually explicit photographs, can sometimes be
convinced by viewing depictions of other children "having fun"
participating in such activity;
(4) child pornography is often used by pedophiles and child
sexual abusers to stimulate and whet their own sexual
appetites, and as a model for sexual acting out with children;
such use of child pornography can desensitize the viewer to
the pathology of sexual abuse or exploitation of children, so
that it can become acceptable to and even preferred by the
viewer;
(5) new photographic and computer imagining technologies
make it possible to produce by electronic, mechanical, or other
means, visual depictions of what appear to be children engaging
in sexually explicit conduct that are virtually indistinguishable
to the unsuspecting viewer from unretouched photographic
images of actual children engaging in sexually explicit conduct;
(6) computers and computer imaging technology can be
used to—
(A) alter sexually explicit photographs, films, and videos in such a way as to make it virtually impossible for
unsuspecting viewers to identify individuals, or to determine if the offending material was produced using children;
(B) produce visual depictions of child sexual activity
designed to satisfy the preferences of individual child
molesters, pedophiles, and pornography collectors; and
(C) alter innocent pictures of children to create visual
depictions of those children engaging in sexual conduct;
(7) the creation or distribution of child pornography which
includes an image of a recognizable minor invades the child's
privacy and reputational interests, since images that are created showing a child's face or other identifiable feature on
a body engaging in sexually explicit conduct can haunt the
minor for years to come;
(8) the effect of visual depictions of child sexual activity
on a child molester or pedophile using that material to stimulate or whet his own sexual appetites, or on a child where
the material is being used as a means of seducing or breaking
down the child's inhibitions to sexual abuse or exploitation.

Child
Pornography

Prevention Act of
1996.
18 u s e 2251

^°^^^^Y^^ ^^^^
note.

IIG STAT. 3009-27

PUBLIC LAW 104-208—SEPT. 30, 1996

is the same whether the child pornography consists of photographic depictions of actual children or visual depictions produced wholly or in part by electronic, mechanical, or other
means, including by computer, which are virtually indistinguishable to the unsuspecting viewer from photographic images
of actual children;
(9) the danger to children who are seduced and molested
with the aid of child sex pictures is just as great when the
child pornographer or child molester uses visual depictions
of child sexual activity produced wholly or in part by electronic,
mechanical, or other means, including by computer, as when
the material consists of unretouched photographic images of
actual children engaging in sexually explicit conduct;
(10)(A) the existence of and traffic in child pornographic
images creates the potential for many types of harm in the
community and presents a clear and present danger to all
children; and
(B) it inflames the desires of child molesters, pedophiles,
and child pornographers who prey on children, thereby increasing the creation and distribution of child pornography and
the sexual abuse and exploitation of actual children who are
victimized as a result of the existence and use of these materials;
(11)(A) the sexualization and eroticization of minors
through any form of child pornographic images has a deleterious
effect on all children by encouraging a societal perception of
children as sexual objects and leading to further sexual abuse
and exploitation of them; and
(B) this sexualization of minors creates an unwholesome
environment which affects the psychological, mental and emotional development of children and undermines the efforts of
parents and families to encourage the sound mental, moral
and emotional development of children;
(12) prohibiting the possession and viewing of child pornography will encourage the possessors of such material to rid
themselves of or destroy the material, thereby helping to protect
the victims of child pornography and to eliminate the market
for the sexual exploitative use of children; and
(13) the elimination of child pornography and the protection
of children from sexual exploitation provide a compelling
governmental interest for prohibiting the production, distribution, possession, sale, or viewing of visual depictions of children
engaging in sexually explicit conduct, including both photographic images of actual children engaging in such conduct
and depictions produced by computer or other means which
are virtually indistinguishable to the unsuspecting viewer from
photographic images of actual children engaging in such conduct.
Subsection 2. Definitions.
Section 2256 of title 18, United States Code, is amended—
(1) in paragraph (5), by inserting before the semicolon
the following: ", and data stored on computer disk or by electronic means which is capable of conversion into a visual
image";
(2) in paragraph (6), by striking "and";

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-28

(3) in paragraph (7), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following new paragraphs:
"(8) 'child pornography' means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced
by electronic, mechanical, or other means, of sexually explicit
conduct, where—
"(A) the production of such visual depiction involves
the use of a minor engaging in sexually explicit conduct;
"(B) such visual depiction is, or appears to be, of a
minor engaging in sexually explicit conduct;
"(C) such visual depiction has been created, adapted,
or modified to appear that an identifiable minor is engaging
in sexually explicit conduct; or
"(D) such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that
conveys the impression that the material is or contains
a visual depiction of a minor engaging in sexually explicit
conduct; and
"(9) 'identifiable minor'—
"(A) means a person—
"(i)(I) who was a minor at the time the visual
depiction was created, adapted, or modified; or
"(II) whose image as a minor was used in creating,
adapting, or modifying the visual depiction; and
"(ii) who is recognizable as an actual person by
the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and
"(B) shall not be construed to require proof of the
actual identity of the identifiable minor.".
Subsection 3. Prohibited Activities Relating to Material Constituting or Containing Child Pornography.
(a) IN GENERAL.—Chapter 110 of title 18, United States Code,
is amended by adding after section 2252 the following:
**§ 2252A. Certain activities relating to material constituting
or containing child pornography
"(a) Any person who—
"(1) knowingly mails, or transports or ships in interstate
or foreign commerce by any means, including by computer,
any child pornography;
"(2) knowingly receives or distributes—
"(A) any child pornography that has been mailed, or
shipped or transported in interstate or foreign commerce
by any means, including by computer; or
"(B) any material that contains child pornography that
has been mailed, or shipped or transported in interstate
or foreign commerce by any means, including by computer;
"(3) knowingly reproduces any child pornography for distribution through the mails, or in interstate or foreign commerce by any means, including by computer;
"(4) either—
"(A) in the special maritime and territorial jurisdiction
of the United States, or on any land or building owned

110 STAT. 3009-29

PUBLIC LAW 104-208—SEPT. 30, 1996

by, leased to, or otherwise used by or under the control
of the United States Government, or in the Indian country
(as defined in section 1151), knowingly sells or possesses
with the intent to sell any child pornography; or
"(B) knowingly sells or possesses with the intent to
sell any child pornography that has been mailed, or shipped
or transported in interstate or foreign commerce by any
means, including by computer, or that was produced using
materials that have been mailed, or shipped or transported
in interstate or foreign commerce by any means, including
by computer; or
"(5) either—
"(A) in the special maritime and territorial jurisdiction
of the United States, or on any land or building owned
by, leased to, or otherwise used by or under the control
of the United States Government, or in the Indian country
(as defined in section 1151), knowingly possesses any book,
magazine, periodical, film, videotape, computer disk, or
any other material that contains 3 or more images of
child pornography; or
"(B) knowingly possesses any book, magazine, periodical, film, videotape, computer disk, or any other material
that contains 3 or more images of child pornography that
has been mailed, or shipped or transported in interstate
or foreign commerce by any means, including by computer,
or that was produced using materials that have been
mailed, or shipped or transported in interstate or foreign
commerce by any means, including by computer,
shall be punished as provided in subsection (b).
"(b)(1) Whoever violates, or attempts or conspires to violate,
paragraphs (1), (2), (3), or (4) of subsection (a) shall be fined under
this title or imprisoned not more than 15 years, or both, but,
if such person has a prior conviction under this chapter or chapter
109A, or under the laws of any State relating to aggravated sexual
abuse, sexual abuse, or abusive sexual conduct involving a minor
or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such
person shall be fined under this title and imprisoned for not less
than 5 years nor more than 30 years.
"(2) Whoever violates, or attempts or conspires to violate, subsection (a)(5) shall be fined under this title or imprisoned not
more than 5 years, or both, but, if such person has a prior conviction
under this chapter or chapter 109A, or under the laws of any
State relating to the possession of child pornography, such person
shall be fined under this title and imprisoned for not less than
2 years nor more than 10 years.
"(c) It shall be an affirmative defense to a charge of violating
paragraphs (1), (2), (3), or (4) of subsection (a) that—
"(1) the alleged child pornography was produced using an
actual person or persons engaging in sexually explicit conduct;
"(2) each such person was an adult at the time the material
was produced; and
"(3) the defendant did not advertise, promote, present,
describe, or distribute the material in such a manner as to
convey the impression that it is or contains a visual depiction
of a minor engaging in sexually explicit conduct.".

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-30

(b) TECHNICAL AMENDMENT.—The table of sections for chapter
110 of title 18, United States Code, is amended by adding after
the item relating to section 2252 the following:
"2252A. Certain activities relating to material constituting or containing
child pornography.".

Subsection 4. Penalties for Sexual Exploitation of Children.
Section 2251(d) of title 18, United States Code, is amended
to read as follows:
"(d) Any individual who violates, or attempts or conspires to
violate, this section shall be fined under this title or imprisoned
not less than 10 years nor more than 20 years, and both, but
if such person has one prior conviction under this chapter or chapter
109A, or under the laws of any State relating to the sexual exploitation of children, such person shall be fined under this title and
imprisoned for not less than 15 years nor more than 30 years,
but if such person has 2 or more prior convictions under this
chapter or chapter 109A, or under the laws of any State relating
to the sexual exploitation of children, such person shall be fined
under this title and imprisoned not less than 30 years nor more
than life. Any organization that violates, or attempts or conspires
to violate, this section shall be fined under this title. Whoever,
in the course of an offense under this section, engages in conduct
that results in the death of a person, shall be punished by death
or imprisoned for any term of years or for life.".
Subsection 5. Material Involving Sexual Exploitation of
Minors.
Section 2252 of title 18, United States Code, is amended—
by striking subsection (b) and inserting the following:
"(b)(1) Whoever violates, or attempts or conspires to violate,
paragraphs (1), (2), or (3) of subsection (a) shall be fined under
this title or imprisoned not more than 15 years, or both, but if
such person has a prior conviction under this chapter or chapter
109A, or under the laws of any State relating to aggravated sexual
abuse, sexual abuse, or abusive sexual conduct involving a minor
or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such
person shall be fined under this title and imprisoned for not less
than 5 years nor more than 30 years.
"(2) Whoever violates, or attempts or conspires to violate, paragraph (4) of subsection (a) shall be fined under this title or imprisoned not more than 5 years, or both, but if such person has a
prior conviction under this chapter or chapter 109A, or under the
laws of any State relating to the possession of child pornography,
such person shall be fined under this title and imprisoned for
not less than 2 years nor more than 10 years.".
Subsection 6. Privacy Protection Act Amendments.
Section 101 of the Privacy Protection Act of 1980 (42 U.S.C.
2000aa) is amended—
(1) in subsection (a)(1), by inserting before the parenthesis
at the end the following: ", or if the offense involves the production, possession, receipt, mailing, sale, distribution, shipment,
or transportation of child pornography, the sexual exploitation
of children, or the sale or purchase of children under section

29-194 O - 96 - 7 : QL 3 Part 4

110 STAT. 3 0 0 9 - 3 1

PUBLIC LAW 104-208—SEPT. 30, 1996

2251, 225lA, 2252, or 2252A of title 18, United States Code";
and
(2) in subsection (b)(1), by inserting before the parenthesis
at the end the following: ", or if the offense involves the production, possession, receipt, mailing, sale, distribution, shipment,
or transportation of child pornography, the sexual exploitation
of children, or the sale or purchase of children under section
2251, 225 lA, 2252, or 2252A of title 18, United States Code".
Amber
Hagerman Child
Protection Act of
1996.
18 u s e 2241
note.

18 u s e 2251
note.

Subsection 7. Amber Hagerman Child Protection Act of 1996.
(a) SHORT TITLE.—^This section may be cited as the "Amber
Hagerman Child Protection Act of 1996".
(b) AGGRAVATED SEXUAL ABUSE OF A MINOR.—Section 2241(c)

of title 18, United States Code, is amended to read as follows:
"(c) WITH CHILDREN.—Whoever crosses a State line with intent
to engage in a sexual act with a person who has not attained
the age of 12 years, or in the special maritime and territorial
jurisdiction of the United States or in a Federal prison, knowingly
engages in a sexual act with another person who has not attained
the age of 12 years, or knowingly engages in a sexual act under
the circumstances described in subsections (a) and (b) with another
person who has attained the age of 12 years but has not attained
the age of 16 years (and is at least 4 years younger than that
person), or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. If the defendant has
previously been convicted of another Federal offense under this
subsection, or of a State offense that would have been an offense
under either such provision had the offense occurred in a Federal
prison, unless the death penalty is imposed, the defendant shall
be sentenced to life in prison.".
(c) SEXUAL ABUSE OF A MINOR.—Section 2243(a) of title 18,
United States Code, is amended by inserting "crosses a State line
with intent to engage in a sexual act with a person who has
not attained the age of 12 years, or" after "Whoever".
Subsection 8. Severability.
If any provision of this Act, including any provision or section
of the definition of the term child pornography, an amendment
made by this Act, or the application of such provision or amendment
to any person or circumstance is held to be unconstitutional, the
remainder of this Act, including any other provision or section
of the definition of the term child pornography, the amendments
made by this Act, and the application of such to any other person
or circumstance shall not be affected thereby.
This title may be cited as the "Department of Justice Appropriations Act, 1997".

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-32

TITLE II—DEPARTMENT OF COMMERCE AND RELATED
AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT

RELATED AGENCIES
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES

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

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

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

Department of
Commerce and
Related Agencies
Appropriations
Act, 1997.

110 STAT. 3009-33

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

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

P U B L I C LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-34

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

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

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

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

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

110 STAT. 3009-35

PUBLIC LAW 104-208—SEPT. 30, 1996
BUREAU OF THE CENSUS
SALARIES AND EXPENSES

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

For expenses necessary to collect and publish statistics for
periodic censuses and programs provided for by law, $210,500,000,
to remain available until expended.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES

For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA),
$15,000,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, and operations, and related services and such fees shall
be retained and used as offsetting collections for costs of such
spectrum services, to remain available until expended: Provided
47 use 903 note, further, That hereafter, notwithstanding any other provision of law,
NTIA shall not authorize spectrum use or provide any spectrum
functions pursuant to the NTIA Organization Act, 47 U.S.C. §§ 902903, to any Federal entity without reimbursement as required by
NTIA for such spectrum management costs, and Federal entities
withholding payment of such cost shall not use spectrum: Provided
further, That the Secretary of Commerce is authorized to retain
and use as offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs incurred
in telecommunications research, engineering, and related activities
by the Institute for Telecommunication Sciences of the NTIA, in
furtherance of its assigned functions under this paragraph, and
such funds received from other Government agencies shall remain
available until expended.
PUBLIC BROADCASTING FACILITIES, PLANNING AND CONSTRUCTION

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-36

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

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

For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $9,500,000: Provided, That $2,500,000
of the total amount provided under this heading shall be available
to support the United States-Israel Science and Technology Commission.
SCIENCE AND TECHNOLOGY
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

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

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

110 STAT. 3009-37

PUBLIC LAW 104-208—SEPT. 30, 1996

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

(INCLUDING TRANSFER OF FUNDS)

33 use 851.

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-38

COASTAL ZONE MANAGEMENT FUND

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

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

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

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

For carrying out the provisions of title IV of Public Law 9 5 372, not to exceed $1,000,000, to be derived from receipts collected
pursuant to that Act, to remain available until expended.
FOREIGN FISHING OBSERVER FUND

For expenses necessary to carry out the provisions of the Atlantic Tunas Convention Act of 1975, as amended (Public Law 9 6 339), the Magnuson Fishery Conservation and Management Act
of 1976, as amended (Public Law 100-627), and the American
Fisheries Promotion Act (Public Law 96-561), to be derived from
the fees imposed under the foreign fishery observer program authorized by these Acts, not to exceed $196,000, to remain available
until expended.
FISHING VESSEL OBLIGATIONS GUARANTEES

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

110 STAT. 3009-39

PUBLIC LAW 104-208—SEPT. 30, 1996

vessel that will increase the harvesting capacity in any United
States fishery.
GENERAL ADMINISTRATION
SALARIES AND EXPENSES

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

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended (5 U.S.C. App. 1-11 as amended by Public Law 100504), $20,140,000.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
CONSTRUCTION OF RESEARCH FACILITIES
(RESCISSION)

Of the obligated and unobligated balances available under this
heading, $16,000,000 are rescinded.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, R E S E A R C H , AND FACILITIES
(RESCISSION)

Of the unobligated balances available under this heading,
$20,000,000 are rescinded.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-40

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

110 STAT. 3009-41

PUBLIC LAW 104-208—SEPT. 30, 1996

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-42

TITLE III—THE JUDICIARY

Ipp/opriSs
Act, 1997.

SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES

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

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

For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized
bylaw, $15,013,000.
UNITED STATES COURT OF INTERNATIONAL TRADE
SALARIES AND EXPENSES

For salaries of the chief judge and eight judges, salaries of
the officers and employees of the court, services as authorized
by 5 U.S.C. 3109, and necessary expenses of the court, as authorized
bylaw, $11,114,000.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL
SERVICES
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

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

110 STAT. 3009-43

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3 0 0 9 - 4 4

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

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

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

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

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

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

110 STAT. 3009-45

PUBLIC LAW 104-208—SEPT. 30, 1996
GENERAL PROVISIONS—^THE JUDICIARY

18 use 3626
iiote.

SEC. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available
for services as authorized by 5 U.S.C. 3109.
SEC. 302. Appropriations made in this title shall be available
for salaries and expenses of the Special Court established under
the Regional Rail Reorganization Act of 1973, Public Law 9 3 236.
SEC. 303. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act
may be transferred between such appropriations, but no such appropriation, except "Courts of Appeals, District Courts, and other
Judicial Services, Defender Services" and "Courts of Appeals, District Courts, and other Judicial Services, Fees of Jurors and
Commissioners", shall be increased by more than 10 percent by
any such transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that
section.
SEC. 304. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts, courts of
appeals, and other judicial services shall be available for official
reception and representation expenses of the Judicial Conference
of the United States: Provided, That such available funds shall
not exceed $10,000 and shall be administered by the Director of
the Administrative Office of the United States Courts in his capacity
as Secretary of the Judicial Conference.
SEC. 305. Section 612(1) of title 28, United States Code, shall
be amended as follows: strike "1997", and insert in lieu thereof
"1998".
SEC. 306. None of the funds available to the Judiciary in
fiscal years 1996 and 1997 and hereafter shall be available for
expenses authorized pursuant to section 802(a) of title VIII of
section 101(a) of title I of the Omnibus Consolidated Rescissions
and Appropriations Act of 1996, Public Law 104-134, for costs
related to the appointment of Special Masters prior to April 26,
1996.
SEC. 307. The United States courthouse at 310 West Sixth
Street in Medford, Oregon, shall be known and designated as the
"James A. Redden Federal Courthouse".
Any reference in a law, map, regulation, document, paper,
or other record of the United States to the United States courthouse
at 310 West Sixth Street in Medford, Oregon, shall be deemed
to be a reference to the "James A. Redden Federal Courthouse".
This title may be cited as "The Judiciary Appropriations Act,
1997".

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-46

TITLE IV—DEPARTMENT OF STATE AND RELATED
AGENCIES
DEPARTMENT OF STATE

Department of
State and
Related Agencies
Appropriations
Act, 1997.

ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS

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

110 STAT. 3009-47

P U B L I C LAW 104-208—SEPT. 30, 1996

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

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

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

5 use app.

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

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-48

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

For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Consular Service pursuant to the requirement of 31 U.S.C. 3526(e),
$5,800,000, to remain available until expended as authorized by
section 24(c) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2696(c)), of which not to exceed $1,000,000 may
be transferred to and merged with the Repatriation Loans Program
Account, subject to the same terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $593,000, as authorized by section
4 of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2671): Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974. In addition, for administrative expenses necessary to carry out the direct loan program, $663,000 which may
be transferred to and merged with the Salaries and Expenses
account under Administration of Foreign Affairs.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act,
Public Law 96-8 (93 Stat. 14), $14,490,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND

For pa5mient to the Foreign Service Retirement and Disability
Fund, as authorized by law, $126,491,000.

110 STAT. 3009-49
22 u s e 269a
note.

PUBLIC LAW 104-208—SEPT. 30, 1996
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-50

or restoration of international peace and security $352,400,000,
of which $50,000,000 is for pajrment of arrearages accumulated
in 1995, £ind which shall be available only upon certification by
the Secretary of State that at least two of the following have
been achieved: (1) savings of at least $100,000,000 will be achieved
in the biennial expenses of the following United Nations divisions
and activities—^the United Nations Conference on Trade and Development, the Regional Economic Commissions, the Department of
Public Information, and the Department of Conference Services,
travel and overtime; (2) the number of professional and general
service staff employed by the United Nations Secretariat at the
conclusion of the 1996-1997 biennium will be at least ten percent
below the number of such positions on January 1, 1996; and (3)
the United Nations has adopted a budget outline for the 19981999 biennium that is below $2,608,000,000; as part of a fiveyear program to achieve major cost-saving reforms in the United
Nations and specialized agencies: Provided, That none of the funds
made available under this Act shall be obligated or expended for
any new or expanded United Nations peacekeeping mission unless,
at least fifteen days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an emergency,
as far in advance as is practicable), (1) the Committees on Appropriations of the House of Representatives and the Senate and
other appropriate Committees of the Congress are notified of the
estimated cost and length of the mission, the vitsd national interest
that will be served, and the planned exit strategy; and (2) a reprogramming of funds pursuant to section 605 of this Act is submitted, and the procedures therein followed, setting forth the source
of funds that will be used to pay for the cost of the new or
expanded mission: Provided further, That funds shall be available
for peacekeeping expenses only upon a certification by the Secretary
of State to the appropriate committees of the Congress that American manufacturers and suppliers are being given opportunities
to provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign manufacturers and suppliers.
INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for, to meet 22USC269a
obligations of the United States arising under treaties, or specific note.
Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND MEXICO

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

For salaries and
$15,490,000.

expenses, not

otherwise

provided

for,

110 STAT. 3 0 0 9 - 5 1

PUBLIC LAW 104-208—SEPT. 30, 1996
CONSTRUCTION

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

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

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

For a grant to the Asia Foundation, as authorized by section
501 of Pubhc Law 101-246, $8,000,000, to remain available until
expended, as authorized by section 24(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2696(c)).
RELATED AGENCIES
ARMS CONTROL AND DISARMAMENT AGENCY
ARMS C O N T R O L AND DISARMAMENT ACTIVITIES

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-52

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

For expenses necessary to enable the United States Information
Agency to provide for the procurement of information technology
improvements, as authorized by the United States Information and
Educational Exchange Act of 1948, as amended (22 U.S.C. 1431
et seq.), the Mutual Educational and Cultural Exchange Act of
1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization
Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000, to remain available
until expended.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs,
as authorized by the Mutual Educational and Cultural Exchange
Act of 1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91 Stat. 1636), $185,000,000, to remain
available until expended as authorized by section 105 of such Act
of 1961 (22 U.S.C. 2455).
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND

For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest
and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 1997, to remain
available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by 5 U.S.C. 5376; or for purposes
which are not in accordance with 0MB Circulars A-110 (Uniform
Administrative Requirements) and A-122 (Cost Principles for Non-

110 STAT. 3 0 0 9 - 5 3

PUBLIC LAW 104-208—SEPT. 30, 1996

profit Organizations), including the restrictions on compensation
for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM

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

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-54

EAST-WEST CENTER

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

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

For grants made by the United States Information Agency
to the National Endowment for Democracy as authorized by the
National Endowment for Democracy Act, $30,000,000, to remain
available until expended.
GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED
AGENCIES

SEC. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of 5 U.S.C; for services as authorized
by 5 U.S.C. 3109; and hire of passenger transportation pursuant
to 31 U.S.C. 1343(b).
SEC. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That not to exceed 5 percent of any appropriation made
available for the current fiscal year for the United States Information Agency in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers: Provided further. That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that
section.
SEC. 403. Funds hereafter appropriated or otherwise made 22USC268c.
available under this Act or any other Act may be expended for
compensation of the United States Commissioner of the International Boundary Commission, United States and Canada, only
for actual hours worked by such Commissioner.
SEC. 404. Funds appropriated by this Act for the United States
Information Agency, the A*ms Control and Disarmament Agency,

110 STAT. 3009-55

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-56

MARITIME SECURITY PROGRAM

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

For necessary expenses of operations and training activities
authorized by law, $65,000,000: Provided, That reimbursements
may be made to this appropriation from receipts to the "Federal
Ship Financing Fund" for administrative expenses in support of
that program in addition to any amount heretofore appropriated.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

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

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

For expenses for the Commission for the Preservation of America's Heritage Abroad, $206,000, as authorized by Public Law 9 9 83, section 1303.

110 STAT. 3009-57

PUBLIC LAW 104-208—SEPT. 30, 1996
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES

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

For necessary expenses of the Commission on Immigration
Reform pursuant to section 141(f) of the Immigration Act of 1990,
$2,196,000, to remain available until expended.
COMMISSION ON SECURITY AND COOPERATION IN EUROPE
SALARIES AND EXPENSES

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

For necessary expenses of the Equal Emplo5niient Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, as amended (29 U.S.C. 206(d) and 621-634), the Americans
with Disabilities Act of 1990, and the Civil Rights Act of 1991,
including services as authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343(b); non-monetary
awards to private citizens; not to exceed $27,500,000, for payments
to State and local enforcement agencies for services to the Commission pursuant to title VII of the Civil Rights Act of 1964, as
amended, sections 6 and 14 of the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, and the
Civil Rights Act of 1991; $239,740,000: Provided, That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,500 from available funds.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3 0 0 9 - 5 8

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

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

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

110 STAT. 3 0 0 9 - 5 9

PUBLIC LAW 104-208—SEPT. 30, 1996

authorized by section 151 of the Federal Deposit Insurance Corporation Improvement Act of 1991 (Public Law 102-242, 105 Stat.
2282-2285).
GAMBLING IMPACT STUDY COMMISSION
SALARIES AND EXPENSES

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

For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974, as
amended, $283,000,000, of which $274,400,000 is for basic field
programs and required independent audits; $1,500,000 is for the
Office of Inspector General, of which such amounts as may be
necessary may be used to conduct additional audits of recipients;
and $7,100,000 is for management and administration.
ADMINISTRATIVE PROVISIONS—LEGAL SERVICES CORPORATION
SEC. 501. (a) CONTINUATION OF COMPETITIVE SELECTION PROC-

ESS.—None of the funds appropriated in this Act to the Legal
Services Corporation may be used to provide financial assistance
to any person or entity except through a competitive selection
process conducted in accordance with regulations promulgated by
the Corporation in accordance with the criteria set forth in subsections (c), (d), and (e) of section 503 of Public Law 104-134
(110 Stat. 1321-52 et seq.).
(b)

INAPPLICABILITY OF NONCOMPETITIVE PROCEDURES.—For

purposes of the funding provided in this Act, rights under sections
1007(a)(9) and 1011 of the Legal Services Corporation Act (42
U.S.C. 2996fla)(9) and 42 U.S.C. 2996j) shall not apply.
SEC. 502. (a) CONTINUATION OF REQUIREMENTS AND RESTRIC-

TIONS.—None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose prohibited
or limited by, or contrary to any of the provisions of—
(1) sections 501, 502, 505, 506, and 507 of Public Law
104-134 (110 Stat. 1321-51 et seq.), and all funds appropriated
in this Act to the Legal Services Corporation shall be subject
to the same terms and conditions as set forth in such sections,
except that all references in such sections to 1995 and 1996
shall be deemed to refer instead to 1996 and 1997, respectively;
and
(2) section 504 of Public Law 104^134 (110 Stat. 132153 et seq.), and all funds appropriated in this Act to the
Legal Services Corporation shall be subject to the same terms
and conditions set forth in such section, except that—
(A) subsection (c) of such section 504 shall not apply;
(B) paragraph (3) of section 508(b) of Public Law 104134 (110 Stat. 1321-58) shall apply with respect to the
requirements of subsection (a)(13) of such section 504,
except that all references in such section 508(b) to the

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-60

date of enactment shall be deemed to refer to April 26,
1996; and
(C) subsection (a)(ll) of such section 504 shall not
be construed to prohibit a recipient from using funds
derived from a source other than the Corporation to provide
related legal assistance to—
(i) an alien who has been battered or subjected
to extreme cruelty in the United States by a spouse
or a parent, or by a member of the spouse's or parent's
family residing in the same household as the alien
and the spouse or parent consented or acquiesced to
such battery or cruelty; or
(ii) an alien whose child has been battered or subjected to extreme cruelty in the United States by a
spouse or parent of the alien (without the active participation of the alien in the battery or extreme cruelty),
or by a member of the spouse's or parent's family
residing in the same household as the alien and the
spouse or parent consented or acquiesced to such battery or cruelty, and the alien did not actively participate in such battery or cruelty,
(b) DEFINITIONS.—For purposes of subsection (a)(2)(C):
(1) The term "battered or subjected to extreme cruelty"
has the meaning given such term -under regulations issued
pursuant to subtitle G of the Violence Against Women Act
of 1994 (Pub. L. 103-322; 108 Stat. 1953).
(2) The term "related legal assistance" means legal assistance directly related to the prevention of, or obtaining of relief
from, the battery or cruelty described in such subsection.
SEC.

503.

(a) CONTINUATION OF AUDIT REQUIREMENTS.—The

requirements of section 509 of Public Law 104-134 (110 Stat. 132158 et seq.), other than subsection (1) of such section, shall apply
during fiscal year 1997.
(b) REQUIREMENT OF ANNUAL AUDIT.—^An annual audit of each
person or entity receiving financial assistance from the Legal Services Corporation under this Act shall be conducted during fiscal
year 1997 in accordance with the requirements referred to in subsection (a).
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission
as authorized by title II of Public Law 92-522, as amended,
$1,189,000.
NATIONAL BANKRUPTCY REVIEW COMMISSION
SALARIES AND EXPENSES

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

110 STAT. 3009-61

PUBLIC LAW 104-208—SEPT. 30, 1996
OUNCE OF PREVENTION COUNCIL

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

For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the District
of Columbia and elsewhere, and not to exceed $3,000 for official
reception and representation expenses, $260,400,000, of which not
to exceed $10,000 may be used toward funding a permanent secretariat for the International Organization of Securities Commissions, and of which not to exceed $100,000 shall be available for
expenses for consultations and meetings hosted by the Commission
with foreign governmental and other regulatory officials, members
of their delegations, appropriate representatives and staff to
exchange views concerning developments relating to securities matters, development and implementation of cooperation agreements
concerning securities matters and provision of technical assistance
for the development of foreign securities markets, such expenses
to include necessary logistic and administrative expenses and the
expenses of Commission staff and foreign invitees in attendance
at such consultations and meetings including (1) such incidental
expenses as meals taken in the course of such attendance, (2)
any travel and transportation to or from such meetings, and (3)
15 use 77fnote, any other related lodging or subsistance: Provided, That immediately upon enactment of this Act, the rate of fees under section
6(b) of the Securities Act of 1933 (15 U.S.C. 77f(b)) shall increase
from one-fiftieth of one percentum to one-thirty-third of one
percentum, and such increase shall be deposited as an offsetting
collection to this appropriation, to remain available until expended,
to recover costs of services of the securities registration process:
l5USC78ee
Provided further. That effective January 1, 1997, every national
°ote.
securities association shall pay to the Commission a fee at a rate
of one-three-hundredth of one percentum of the aggregate dollar
amount of sales transacted by or through any member of such
association otherwise than on a national securities exchange (other
than bonds, debentures, and other evidences of indebtedness) subject to prompt last sale reporting pursuant to the rules of the
Commission or a registered national securities association, excluding any sales for which a fee is paid under section 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee), and such increase
shall be deposited as an offsetting collection to this appropriation,
to remain available until expended, to recover the costs to the
Government of the supervision and regulation of securities markets
and securities professionals: Provided further, That the fee due
from every national securities association shall be paid on or before
September 30, 1997, with respect to transactions and sales occurring

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3 0 0 9 - 6 2

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

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

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended (5 U.S.C. App. 1-11, as amended by Public Law 100504), $9,000,000.
BUSINESS LOANS PROGRAM ACCOUNT

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

29-194 0 - 9 6 - 8 : Q L 3 P a r t 4

110 STAT. 3009-63

PUBLIC LAW 104-208—SEPT. 30, 1996

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

For the cost of direct loans authorized by section 7(b) of the
Small Business Act, as amended, $105,432,000, to remain available
until expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan program, $86,500,000, including not to exceed $500,000 for
the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster loan
program, and said sums may be transferred to and merged with
appropriations for Salaries and Expenses and Office of Inspector
General.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the "Surety Bond Guarantees Revolving Fund", authorized by the Small Business Investment Act, as
amended, $3,730,000, to remain available without fiscal year limitation as authorized by 15 U.S.C. 631 note.
ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3 0 0 9 - 6 4

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

110 STAT. 3 0 0 9 - 6 5
SEC.

PUBLIC LAW 104-208—SEPT. 30, 1996
607.

(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS.—It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with
funds made available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
(c) PROHIBITION OF CONTRACTS W I T H PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-66

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

110 STAT. 3009-67

PUBLIC LAW 104-208—SEPT. 30, 1996

line of duty while responding to an emergency situation or a hot
pursuit (as such terms are defined by State law) with the same
or better level of health insurance benefits that are paid by the
entity at the time of retirement or separation.
SEC. 616. LIMITATION ON PATENT INFRINGEMENTS RELATING TO A
MEDICAL PRACTITIONER'S PERFORMANCE OF A MEDICAL ACTIVITY.

Section 287 of title 35, United States Code, is amended by
adding at the end the following new subsection:
(c)(1) With respect to a medical practitioner's performance of
a medical activity that constitutes an infringement under section
271 (a) or (b) of this title, the provisions of sections 281, 283,
284, and 285 of this title shall not apply against the medical
practitioner or against a related health care entity with respect
to such medical activity.
(2) For the purposes of this subsection:
(A) the term "medical activity" means the performance
of a medical or surgical procedure on a body, but shall not
include (i) the use of a patented machine, manufacture, or
composition of matter in violation of such patent, (ii) the practice of a patented use of a composition of matter in violation
of such patent, or (iii) the practice of a process in violation
of a biotechnology patent.
(B) the term "medical practitioner" means any natural
person who is licensed by a State to provide the medical activity
described in subsection (c)(1) or who is acting under the direction of such person in the performance of the medical activity.
(C) the term "related health care entity" shall mean an
entity with which a medical practitioner has a professional
affiliation under which the medical practitioner performs the
medical activity, including but not limited to a nursing home,
hospital, university, medical school, health maintenance
organization, group medical practice, or a medical clinic.
(D) the term "professional affiliation" shall mean staff privileges, medical staff membership, emplo5anent or contractual
relationship, partnership or ownership interest, academic
appointment, or other affiliation under which a medical practitioner provides the medical activity on behalf of, or in association with, the health care entity.
(E) the term "body" shall mean a human body, organ or
cadaver, or a nonhuman animal used in medical research or
instruction directly relating to the treatment of humans.
(F) the term "patented use of a composition of matter"
does not include a claim for a method of performing a medical
or surgical procedure on a body that recites the use of a composition of matter where the use of that composition of matter
does not directly contribute to achievement of the objective
of the claimed method.
(G) the term "State" shall mean any state or territory
of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(3) This subsection does not apply to the activities of any
person, or employee or agent of such person (regardless of whether
such person is a tax exempt organization under section 501(c)
of the Internal Revenue Code), who is engaged in the commercial
development, manufacture, sale, importation, or distribution of a

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-68

machine, manufacture, or composition of matter or the provision
of pharmacy or clinical laboratory services (other than clinical laboratory services provided in a physician's office), where such activities are:
(A) directly related to the commercial development, manufacture, sale, importation, or distribution of a machine, manufacture, or composition of matter or the provision of pharmacy
or clinical laboratory services (other than clinical laboratory
services provided in a physician's office), and
(B) regulated under the Federal Food, Drug, and Cosmetic
Act, the Public Health Service Act, or the Clinical Laboratories
Improvement Act.
(4) This subsection shall not apply to any patent issued before
the date of enactment of this subsection.
SEC. 617, Effective with the enactment of this Act and in
any fiscal year hereafter, section 8 of Public Law 96-132 is hereby
repealed.
SEC. 618. (a) I N GENERAL.—^The Secretary may issue a guaran- 46 use app.
tee or a commitment to guarantee obligations under title XI of 1273 note,
the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.),
upon such terms as the Secretary may prescribe, to assist in the
reactivation and modernization of any shipyard in the United States
that is closed on the date of the enactment of this Act, if the
Secretary finds that—
(1) the closed shipyard historically built military vessels
and responsible entities now seek to reopen it as an internationally competitive commercial shipyard;
(2XA) the closed shipyard has been designated by the President as a public-private partnership project; or
(B) has a reuse plan approved by the Navy in which
commercial shipbuilding and repair are primary activities and
has a revolving economic conversion fund approved by the
Department of Defense; and
(3) the State in which the shipyard is located, and each
other involved State, or a State-chartered agency, is making
a significant financial investment in the overall cost of reactivation and modernization as its contribution to the reactivation
and modernization project, in addition to the funds required
by subsection (dX2) of this section.
(b) WAIVERS.—^Notwithstanding any other provision of title XI
of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.),
the Secretary shall not apply the requirements of section 1104A(d)
of that Act when issuing a guarantee or a commitment to guarantee
an obligation under this section.
(c) CONDITIONS.—The Secretary shall impose such conditions
on the issuance of a guarantee or a commitment to guarantee
under this section as are necessary to protect the interests of
the United States from the risk of a default. The Secretary shall
consider the interdependency of such shipyard modernization and
reactivation projects and related vessel loan guarantee requests
pending under title XI of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1271 et seq.) before issuing a guarantee or a commitment
to guarantee under this section.
(d) FUNDING PROVISIONS.—

(1) The Secretary may not guarantee or commit to guarantee obligations under this section that exceed $50,000,000 in
the aggregate.

110 STAT. 3009-69

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996
IMMIGRATION AND NATURALIZATION

110 STAT. 3009-70

SERVICE

IMMIGRATION EMERGENCY FUND
(RESCISSION)

Of the unobligated balances available under this heading
$34,779,000 are rescinded.
TITLE VIII—FISCAL YEAR 1996 SUPPLEMENTAL AND
RESCISSION
DEPARTMENT OF JUSTICE
FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

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

Of the unobligated balances made available under this heading
until September 30, 1996, $40,000,000 are rescinded: Provided,
That these funds shall only be available for rescission if enacted
by September 30, 1996.
TITLE IX—SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

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

ADMINISTRATION

DISASTER LOANS PROGRAM ACCOUNT

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

110 STAT. 3 0 0 9 - 7 1

P U B L I C LAW 104-208—SEPT. 30, 1996

administrative expenses to carry out the disaster loan program,
$22,000,000, to remain available until expended, which may be
transferred to and merged with "Salaries and Expenses": Provided
further. That both amounts are hereby designated by Congress
as emergency requirements pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
This Act may be cited as the "Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997".
(b) For programs, projects or activities in the Department of
Defense Appropriations Act, 1997, provided as follows, to be effective
as if it had been enacted into law as the regular appropriations
Act:
AN ACT
Making appropriations for the Department of Defense for the fiscal year ending
September 30, 1997, and for other purposes
Department of
Defense
Appropriations
Act, 1997.
Post, p. 3009119.

TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-72

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

For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; and for pa3anents pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), to section 229(b) of
the Social Security Act (42 U.S.C. 429(b)), and to the Department
of Defense Military Retirement Fund; $17,069,490,000.
RESERVE PERSONNEL, ARMY

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

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

For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Marine Corps Reserve
on active duty under section 10211 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title
10, United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent
duty, and for members of the Marine Corps platoon leaders class,
and expenses authorized by section 16131 of title 10, United States
Code; and for pa5mients to the Department of Defense Military
Retirement Fund; $388,643,000.

110 STAT. 3 0 0 9 - 7 3

PUBLIC LAW 104-208—SEPT. 30, 1996
RESERVE PERSONNEL, AIR FORCE

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

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-74

transfer from the National Defense Stockpile Transaction Fund:
Provided, That during the current fiscal year and hereafter, funds 43 USC I47lg.
appropriated under this paragraph may be made available to the
Department of the Interior to support the Memorial Day and Fourth
of July ceremonies and activities in the National Capital Region:
Provided further. That of the funds appropriated in this paragraph,
not less than $300,000,000 shall be made available only for conventional ammunition care and maintenance.
OPERATION AND MAINTENANCE, NAVY
(INCLUDING TRANSFER OF FUNDS)

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

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law; $2,254,119,000.
OPERATION AND MAINTENANCE, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)

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

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

110 STAT. 3 0 0 9 - 7 5

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

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

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-76

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

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

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

For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces; $6,797,000, of which not
to exceed $2,500 can be used for official representation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING T R A N S F E R OF FUNDS)

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

110 STAT. 3009-77

PUBLIC LAW 104-208—SEPT. 30, 1996

remediation by the Corps of Engineers under total environmental
remediation contracts.
ENVIRONMENTAL RESTORATION, NAVY
(INCLUDING TRANSFER OF FUNDS)

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3 0 0 9 - 7 8

ENVIRONMENTAL RESTORATION, FORMERLY U S E D DEFENSE SITES
(INCLUDING T R A N S F E R OF FUNDS)

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

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

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

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

-

110 STAT. 3009-79

PUBLIC LAW 104-208—SEPT. 30, 1996
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY

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

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-80

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

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

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

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

110 STAT. 3009-81

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools
and installation thereof in public and private plants; reserve plant
and Gk)vernment and contractor-owned equipment layaway;
procurement of critical, long leadtime components and designs for
vessels to be constructed or converted in the future; and expansion
of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title, as follows:
For continuation of the SSN-21 attack submarine program,
$649,071,000;
NSSN-1 (AP), $296,186,000;
NSSN-2 (AP), $501,000,000;
CVN Refuelings, $237,029,000;
DDG^51 destroyer program, $3,609,072,000;
Oceanographic ship program, $54,400,000;
Oceanographic ship SWATH, $45,000,000;
LCAC landing craft air cushion program (AP-CY),
$3,000,000; and
For craft, outfitting, post delivery, conversions, and first
destination transportation, $218,907,000;
In all: $5,613,665,000, to remain available for obligation until
September 30, 2001: Provided, That additional obligations may
be incurred after September 30, 2001, for engineering services,
tests, evaluations, and other such budgeted work that must be
performed in the final stage of ship construction: Provided further.
That none of the funds herein provided for the construction or
conversion of any naval vessel to be constructed in shipyards in
the United States shall be expended in foreign facilities for the
construction of major components of such vessel: Provided further.
That none of the funds herein provided shall be used for the
construction of any naval vessel in foreign shipyards.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-82

OTHER PROCUREMENT, NAVY

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

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

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

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

110 STAT. 3 0 0 9 - 8 3

PUBLIC LAW 104-208—SEPT. 30, 1996
PROCUREMENT OF AMMUNITION, AIR FORCE

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

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3 0 0 9 - 8 4

assessment for their respective Reserve or National Guard component.
TITLE IV—RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

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

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

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

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

110 STAT. 3009-85

PUBLIC LAW 104-208—SEPT. 30, 1996
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

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

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

For the Defense Business Operations Fund; $947,900,000.
NATIONAL DEFENSE SEALIFT FUND

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-86

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

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

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

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

110 STAT. 3009-87

PUBLIC LAW 104-208—SEPT. 30, 1996

be for Operation and maintenance, of which not to exceed $500,000
is available for emergencies and extraordinary expenses to be
expended on the approval or authority of the Inspector General,
and payments may be made on his certificate of necessity for
confidential military purposes; and of which $2,000,000, to remain
available until September 30, 1999, shall be for Procurement.
TITLE VII—RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM FUND

For pa)mnent to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain proper funding level for
continuing the operation of the Central Intelligence Agency Retirement and Disability System; $196,400,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

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

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

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

10 use 1584
note.

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-88

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

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

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

110 STAT. 3009-89

PUBLIC LAW 104-208—SEPT. 30, 1996

SEC. 8007. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification 30
calendar days in session in advance to the congressional defense
committees.
SEC. 8008. None of the funds contained in this Act available
for the Civilian Health and Medical Program of the Uniformed
Services shall be available for payments to physicians and other
non-institutional health care providers in excess of the amounts
allowed in fiscal year 1996 for similar services, except that: (a)
for services for which the Secretary of Defense determines an
increase is justified by economic circumstances, the allowable
amounts may be increased in accordance with appropriate economic
index data similar to that used pursuant to title XVIII of the
Social Security Act; and (b) for services the Secretary determines
are overpriced based on allowable payments under title XVIII of
the Social Security Act, the allowable amounts shall be reduced
by not more than 15 percent (except that the reduction may be
waived if the Secretary determines that it would impair adequate
access to health care services for beneficiaries). The Secretary shall
solicit public comment prior to promulgating regulations to implement this section. Such regulations shall include a limitation, similar to that used under title XVIII of the Social Security Act, on
the extent to which a provider may bill a beneficiary an actual
charge in excess of the allowable amount.
SEC. 8009. None of the funds provided in this Act shall be
available to initiate (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one
year of the contract or that includes an unfunded contingent liability
in excess of $20,000,000, or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless
the congressional defense committees have been notified at least
thirty days in advance of the proposed contract award: Provided,
That no part of any appropriation contained in this Act shall
be available to initiate a multiyear contract for which the economic
order quantity advance procurement is not funded at least to the
limits of the Government's liability: Provided further, That no part
of any appropriation contained in this Act shall be available to
initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed
$500,000,000 unless specifically provided in this Act: Provided further. That no multiyear procurement contract can be terminated
without 10-day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement: Provided
further, That notwithstanding Section 8010 of Public Law 10461, funds appropriated for the DDG-51 destroyer program in Public
Law 104-61 may be used to initiate a multiyear contract for the
Arleigh Burke class destroyer program.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
Javelin missiles;
Army Tactical Missile System (ATACMS);
MK19-3 grenade machine guns;
M16A2 rifles;
M249 Squad Automatic Weapons;

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-90

M4 carbine rifles;
M240B machine guns; and
Arleigh Burke (DDG-51) class destroyers.
SEC. 8010. Within the funds appropriated for the operation 10 USC 401 note,
and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code,
for humanitarian and civic assistance costs under chapter 20 of
title 10, United States Code. Such funds may also be obligated
for humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of
chapter 20 of title 10, United States Code, and these obligations
shall be reported to Congress on September 30 of each year: Provided, That funds available for operation and maintenance shall
be available for providing humanitarian and similar assistance
by using Civic Action Teams in the Trust Territories of the Pacific
Islands and freely associated states of Micronesia, pursuant to
the Compact of Free Association as authorized by Public Law 9 9 239: Provided further, That upon a determination by the Secretary
of the Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities located
in Hawaii, the Secretary of the Army may authorize the provision
of medical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients from
American Samoa, the Commonwealth of the Northern Mariana
Islands, the Marshall Islands, the Federated States of Micronesia,
Palau, and Guam.
SEC. 8011. (a) During fiscal year 1997, the civilian personnel
of the Department of Defense may not be managed on the basis
of any end-strength, and the management of such personnel during
that fiscal year shall not be subject to any constraint or limitation
(known as an end-strength) on the number of such personnel who
may be employed on the last day of such fiscal year.
(b) The fiscal year 1998 budget request for the Department
of Defense as well as all justification material and other documentation supporting the fiscal year 1998 Department of Defense budget
request shall be prepared and submitted to the Congress as if
subsections (a) and (b) of this provision were effective with regard
to fiscal year 1998.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
SEC. 8012. Notwithstanding any other provision of law, none
of the funds made available by this Act shall be used by the
Department of Defense to exceed, outside the fifty United States,
its territories, and the District of Columbia, 125,000 civilian
workyears: Provided, That workyears shall be applied as defined
in the Federal Personnel Manual: Provided further, That workyears
expended in dependent student hiring programs for disadvantaged
youths shall not be included in this workyear limitation.
SEC. 8013. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
the Congress.
SEC. 8014. (a) None of the funds appropriated by this Act
shall be used to make contributions to the Department of Defense
Education Benefits Fund pursuant to section 2006(g) of title 10,
United States Code, representing the normal cost for future benefits

110 STAT. 3009-91

PUBLIC LAW 104-208—SEPT. 30, 1996

under section 3015(c) of title 38, United States Code, for any member of the armed services who, on or after the date of enactment
of this Act—
(1) enhsts in the armed services for a period of active
duty of less than three years; or
(2) receives an enlistment bonus under section 308a or
308f of title 37, United States Code,
nor shall any amounts representing the normal cost of such future
benefits be transferred from the Fund by the Secretary of the
Treasury to the Secretary of Veterans Affairs pursuant to section
2006(d) of title 10, United States Code; nor shall the Secretary
of Veterans Affairs pay such benefits to any such member: Provided,
That in the case of a member covered by clause (1), these limitations
shall not apply to members in combat arms skills or to members
who enlist in the armed services on or after July 1, 1989, under
a program continued or established by the Secretary of Defense
in fiscal year 1991 to test the cost-effective use of special recruiting
incentives involving not more than nineteen noncombat arms skills
approved in advance by the Secretary of Defense: Provided further,
That this subsection applies only to active components of the Army.
(b) None of the funds appropriated by this Act shall be available
for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid
by the Secretary of Veterans Affairs from the Department of Defense
Education Benefits Fund when time spent as a full-time student
is credited toward completion of a service commitment: Provided,
That this subsection shall not apply to those members who have
reenlisted with this option prior to October 1, 1987: Provided further. That this subsection applies only to active components of
the Army.
SEC. 8015. None of the funds appropriated by this Act shall
be available to convert to contractor performance an activity or
function of the Department of Defense that, on or after the date
of enactment of this Act, is performed by more than ten Department
of Defense civilian employees until a most efficient and cost-effective
organization analysis is completed on such activity or function
and certification of the analysis is made to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That this section shall not apply to a commercial or
industrial type function of the Department of Defense that: (1)
is included on the procurement list established pursuant to section
2 of the Act of June 25, 1938 (41 U.S.C. 47), popularly referred
to as the Javits-Wagner-O'Day Act; (2) is planned to be converted
to performance by a qualified nonprofit agency for the blind or
by a qualified nonprofit agency for other severely handicapped
individuals in accordance with that Act; or (3) is planned to be
converted to performance by a qualified firm under 51 percent
Native American ownership.
(TRANSFER OF FUNDS)

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-92

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

110 STAT. 3 0 0 9 - 9 3

PUBLIC LAW 104-208—SEPT. 30, 1996

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-94

Provided, That the foregoing shall not apply to handguns and
ammunition for marksmanship competitions.
SEC. 8027. No more than $500,000 of the funds appropriated
or made available in this Act shall be used for any single relocation
of an organization, unit, activity or function of the Department
of Defense into or within the National Capital Region: Provided,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the Congressional
defense committees that such a relocation is required in the best
interest of the Government.
SEC. 8028. During the current fiscal year, funds appropriated
or otherwise available for any Federal agency, the Congress, the
judicial branch, or the District of Columbia may be used for the
pay, allowances, and benefits of an employee as defined by section
2105 of title 5 or an individual employed by the government of
the District of Columbia, permanent or temporary indefinite, who—
(1) is a member of a Reserve component of the Armed
Forces, as described in section 261 of title 10, or the National
Guard, as described in section 101 of title 32;
(2) performs, for the purpose of providing military aid
to enforce the law or providing assistance to civil authorities
in the protection or saving of life or property or prevention
of injury—
(A) Federal service under sections 331, 332, 333, or
12406 of title 10, or other provision of law, as applicable,
or
(B) full-time military service for his or her State, the
District of Columbia, the Commonwealth of Puerto Rico,
or a territory of the United States; and
(3) requests and is granted—
(A) leave under the authority of this section; or
(B) annual leave, which may be granted without regard
to the provisions of sections 5519 and 6323(b) of title 5,
if such employee is otherwise entitled to such annual leave:
Provided, That any employee who requests leave under subsection
(3)(A) for service described in subsection (2) of this section is entitled
to such leave, subject to the provisions of this section and of the
last sentence of section 6323(b) of title 5, and such leave shall
be considered leave under section 6323(b) of title 5.
SEC. 8029. None of the funds appropriated by this Act shall
be available to perform any cost study pursuant to the provisions
of 0MB Circular A-76 if the study being performed exceeds a
period of twenty-four months after initiation of such study with
respect to a single function activity or forty-eight months after
initiation of such study for a multi-function activity.
SEC. 8030. Funds appropriated by this Act for the American
Forces Information Service shall not be used for any national or
international political or psychological activities.
SEC. 8031. Notwithstanding any other provision of law or regulation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized
for the Secretary of Veterans Affairs by section 7455 of title 38,
United States Code.
SEC. 8032. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the operation
of the 53rd Weather Reconnaissance Squadron of the Air Force

29-194 O - 96 - 9 : QL 3 Part 4

110 STAT. 3 0 0 9 - 9 5

PUBLIC LAW 104-208—SEPT. 30, 1996

Reserve, if such action would reduce the WC-130 Weather Reconnaissance mission below the levels funded in this Act.
SEC. 8033. (a) Of the funds for the procurement of supplies
or services appropriated by this Act, qualified nonprofit agencies
for the blind or other severely handicapped shall be afforded the
maximum practicable opportunity to participate as subcontractors
and suppliers in the performance of contracts let by the Department
of Defense.
(b) During the current fiscal year, a business concern which
has negotiated with a military service or defense agency a subcontracting plan for the participation by small business concerns
pursuant to section 8(d) of the Small Business Act (15 U.S.C.
637(d)) shall be given credit toward meeting that subcontracting
goal for any purchases made from qualified nonprofit agencies for
the blind or other severely handicapped.
(c) For the purpose of this section, the phrase "qualified nonprofit agency for the blind or other severely handicapped" means
a nonprofit agency for the blind or other severely handicapped
that has been approved by the Committee for the Purchase from
the Blind and Other Severely Handicapped under the Javits-Wagner-0'Day Act (41 U.S.C. 46-48).
SEC. 8034. During the current fiscal year, net receipts pursuant
to collections from third party payers pursuant to section 1095
of title 10, United States Code, shall be made available to the
local facility of the uniformed services responsible for the collections
and shall be over and above the facility's direct budget amount.
SEC. 8035. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided,
That, upon receipt, such contributions from the Government of
Kuwait shall be credited to the appropriation or fund which incurred
such obligations.
SEC. 8036. Of the funds made available in this Act, not less
than $23,626,000 shall be available for the Civil Air Patrol, of
which $19,926,000 shall be available for Operation and maintenance.
SEC. 8037. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administered by
an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs
and other non-profit entities.
(b) LIMITATION ON COMPENSATION.—No member of a Board
of Directors, Trustees, Overseers, Advisory Group, Special Issues
Panel, Visiting Committee, or any similar entity of a defense
FFRDC, and no paid consultant to any defense FFRDC, may be
compensated for his or her services as a member of such entity,
or as a paid consultant, except under the same conditions, and
to the same extent, as members of the Defense Science Board:
Provided, That a member of any such entity referred to previously
in this subsection shall be allowed travel expenses and per diem
as authorized under the Federal Joint Travel Regulations, when
engaged in the performance of membership duties.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-96

(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during fiscal
year 1997 may be used by a defense FFRDC, through a fee or
other payment mechanism, for charitable contributions, for
construction of new buildings, for pa3anent of cost sharing for
projects funded by government grants, or for absorption of contract
overruns.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 1997, not more
than 5,975 staff years of technical effort (staff years) may be funded
for defense FFRDCs: Provided, That of the specific amount referred
to previously in this subsection, not more than 1,088 staff years
may be funded for the defense studies and analysis FFRDCs.
(e) Notwithstanding any other provision of law, the Secretary
of Defense shall control the total number of staff years to be
performed by defense FFRDCs during fiscal year 1997 so as to
reduce the total amounts appropriated in titles II, III, and IV
of this Act by $52,286,000: Prouiffed, That the total amounts appropriated in titles II, III, and IV of this Act are hereby reduced
by $52,286,000 to reflect savings from the use of defense FFRDCs
by the department.
(f) Within 60 days after enactment of this Act, the Secretary
of Defense shall submit to the Congressional defense committees
a report presenting the specific amounts of staff years of technical
effort to be allocated by the department for each defense FFRDC
during fiscal year 1997: Provided, That, after the submission of
the report required by this subsection, the department may not
reallocate more than five percent of an FFRDCs staff years among
other defense FFRDCs until 30 days after a detailed justification
for any such reallocation is submitted to the Congressional defense
committees.
(g) The Secretary of Defense shall, with the submission of
the department's fiscal year 1998 budget request, submit a report
presenting the specific amounts of staff years of technical effort
to be allocated for each defense FFRDC during that fiscal year.
(h) The total amounts appropriated to or for the use of the
department in titles II, III, and IV of this Act are hereby further
reduced by $102,286,000 to reflect savings from the decreased use
of non-FFRDC consulting services by the department.
(i) No part of the reductions contained in subsections (e) and
(h) of this section may be applied against any budget activity,
activity group, subactivity group, line item, program element, program, project, subproject or activity which does not fund defense
FFRDC activities or non-FFRDC consulting services within each
appropriation account.
(j) Not later than 90 days after enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a report listing the specific funding reductions allocated
to each category listed in subsection (i) above pursuant to this
section.
SEC. 8038. None of the funds in this or any other Act shall
be available for the preparation of studies on—
(a) the feasibility of removal and transportation of unitary
chemical weapons or agents from the eight chemical storage
sites within the continental United States to Johnston Atoll:
Provided, That this prohibition shall not apply to General

110 STAT. 3 0 0 9 - 9 7

41 u s e lOb-2.

PUBLIC LAW 104-208—SEPT. 30, 1996

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-98

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

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

10 USC 221 note.

110 STAT. 3009-99

10 use 1281
note.

10 use 1293
°^ote.

PUBLIC LAW 104-208—SEPT. 30, 1996

SEC. 8048. Notwithstanding any other provision of law, funds
available for "Drug Interdiction and Counter-Drug Activities,
Defense" may be obligated for the Young Marines program.
SEC. 8049. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C.
2687 note) shall be available until expended for the payments
specified by section 2921(c)(2) of that Act.
SEC. 8050. During the current fiscal year and hereafter, annual
payments granted under the provisions of section 4416 of the
National Defense Authorization Act for Fiscal Year 1993 (Public
Law 102-484; 106 Stat. 2714) shall be made from appropriations
in this Act which are available for the pay of reserve component
personnel.
SEC. 8051. Of the funds appropriated or otherwise made available by this Act, not more than $119,200,000 shall be available
for payment of the operating costs of NATO Headquarters: Provided,
That the Secretary of Defense may waive this section for Department of Defense support provided to NATO forces in and around
the former Yugoslavia.
SEC. 8052. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment
item unit cost of not more than $100,000.
SEC. 8053. During the current fiscal year and hereafter, appropriations available for the pay and allowances of active duty members of the Armed Forces shall be available to pay the retired
pay which is payable pursuant to section 4403 of Public Law 102484 (10 U.S.C. 1293 note) under the terms and conditions provided
in section 4403.
SEC. 8054. (a) During the current fiscal year, none of the
appropriations or funds available to the Defense Business Operations Fund shall be used for the purchase of an investment item
for the purpose of acquiring a new inventory item for sale or
anticipated sale during the current fiscal year or a subsequent
fiscal year to customers of the Defense Business Operations Fund
if such an item would not have been chargeable to the Defense
Business Operations Fund during fiscal year 1994 and if the purchase of such an investment item would be chargeable during
the current fiscal year to appropriations made to the Department
of Defense for procurement.
(b) The fiscal year 1998 budget request for the Department
of Defense as well as all justification material and other documentation supporting the fiscal year 1998 Department of Defense budget
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 1998 procurement appropriation
and not in the supply management business area or any other
area or category of tne Defense Business Operations Fund.
SEC. 8055. None of the funds provided in this Act shall be
available for use by a Military Department to modify an aircraft,
weapon, ship or other item of equipment, that the Military Department concerned plans to retire or otherwise dispose of within five
years after completion of the modification: Provided, That this
prohibition shall not apply to safety modifications: Provided further.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-100

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

110 STAT. 3009-101

50 use 1521
note.

PUBLIC LAW 104-208—SEPT. 30, 1996

ending June 30, 1934, and for other purposes", approved March
3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a "Made
in America" inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending
the appropriation, purchase only American-made equipment and
products, provided that American-made equipment and products
are cost-competitive, quality-competitive, and available in a timely
fashion.
SEC. 8063. None of the funds appropriated by this Act shall
be available for a contract for studies, analyses, or consulting services entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the procurement determines—
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work,
or
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source, or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support:
Provided, That this limitation shall not apply to contracts in an
amount of less than $25,000, contracts related to improvements
of equipment that is in development or production, or contracts
as to which a civilian official of the Department of Defense, who
has been confirmed by the Senate, determines that the award
of such contract is in the interest of the national defense.
SEC. 8064. Funds appropriated by this Act for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414).
SEC. 8065. Notwithstanding section 142 of H.R. 3230, the
National Defense Authorization Act for Fiscal Year 1997, as passed
by the Senate on September 10, 1996, of the funds provided in
title VI of this Act, under the heading "Chemical Agents and Munitions Destruction, Defense", $40,000,000 shall only be available
for the conduct of a pilot program to identify and demonstrate
not less than two alternatives to the baseline incineration process
for the demilitarization of assembled chemical munitions: Provided,
That the Under Secretary of Defense for Acquisition and Technology
shall, not later than December 1, 1996, designate a program manager who is not, nor has been, in direct or immediate control
of the baseline reverse assembly incineration demilitarization program to carry out the pilot program: Provided further, That the
Under Secretary of Defense for Acquisition and Technology shall
evaluate the effectiveness of each alternative chemical munitions

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-102

demilitarization technology identified and demonstrated under the
pilot program to demilitarize munitions and assembled chemical
munitions while meeting all applicable Federal and State environmental and safety requirements: Provided further, That the Under
Secretary of Defense for Acquisition and Technology shall transmit,
by December 15 of each year, a report to the congressional defense
committees on the activities carried out under the pilot program
during the preceding fiscal year in which the report is to be made:
Provided further, That section 142(f)(3) of H.R. 3230, the National
Defense Authorization Act for Fiscal Year 1997, as passed by the
Senate on September 10, 1996, is repealed: Provided further. That
no funds may be obligated for the construction of a baseline incineration facility at the Lexington Blue Grass Army Depot or the
Pueblo Depot activity until 180 days after the Secretary of Defense
has submitted to the congressional defense committees a report
detailing the effectiveness of each alternative chemical munitions
demilitarization technology identified and demonstrated under the
pilot program and its ability to meet the applicable safety and
environmental requirements: Provided further. That none of the
funds in this or any other Act may be obligated for the preparation
of studies, assessments, or planning of the removal and transportation of stockpile assembled unitary chemical weapons or neutralized chemical agent to any of the eight chemical weapons storage
sites within the continental United States.
SEC. 8066. (a) None of the funds made available by this Act
may be obligated for design, development, acquisition, or operation
of more than 47 Titan IV expendable launch vehicles, or for satellite
mission-model planning for a Titan IV requirement beyond 47
vehicles.
(b) $59,600,000 made available in this Act for Research, Development, Test and Evaluation, Air Force, may only be obligated
for development of a new family of medium-lift and heavy-lift
expendable launch vehicles evolved from existing technologies.
SEC. 8067. None of the funds available to the Department
of Defense in this Act may be used to establish additional field
operating agencies of any element of the Department during fiscal
year 1997, except for field operating agencies funded within the
National Foreign Intelligence Program: Provided, That the Secretary of Defense may waive this section by certifying to the House
and Senate Committees on Appropriations that the creation of
such field operating agencies will reduce either the personnel and/
or financial requirements of the Department of Defense.
SEC. 8068. Notwithstanding section 303 of Public Law 9 6 487 or any other provision of law, the Secretary of the Navy is
authorized to lease real and personal property at Naval Air Facility,
Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for commercial, industrial or other purposes.
SEC. 8069. Notwithstanding any other provision of law, for
resident classes entering the war colleges after September 30, 1997,
the Department of Defense shall require that not less than 20
percent of the total of United States military students at each
war college shall be from military departments other than the
hosting military department: Provided, That each military department will recognize the attendance at a sister military department
war college as the equivalent of attendance at its own war college
for promotion and advancement of personnel.

50 USC 1521
^°^^-

10 USC note
P^ec. 2161.

110 STAT. 3009-103

PUBLIC LAW 104-208—SEPT. 30, 1996
(RESCISSIONS)

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-104

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

SEC. 8079. None of the funds appropriated in this Act may
be transferred to or obligated from the Pentagon Reservation
Maintenance Revolving Fund, unless the Secretary of Defense certifies that the total cost for the planning, design, construction
and installation of equipment for the renovation of the Pentagon
Reservation will not exceed $1,118,000,000.
SEC. 8080. (a) None of the funds available to the Department 10 USC 374 note.
of Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
(b) None of the funds available to the Central Intelligence 50USC403f
Agency for any fiscal year for drug interdiction and counter-drug °ote.
activities may be transferred to any other department or agency
of the United States except as specifically provided in an appropriations law.
(TRANSFER OF FUNDS)

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

110 STAT. 3009-105

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-106

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

110 STAT. 3009-107

PUBLIC LAW 104-208—SEPT. 30, 1996

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-108

expended to finance housing for £iny individual who was a member
of the military forces of the Soviet Union or for any individual
who is or was a member of the military forces of the Russian
Federation.
SEC. 8099. During the current fiscal year, no more than
$15,000,000 of appropriations made in this Act under the heading
"Operation and Maintenance, Defense-Wide" may be transferred
to appropriations available for the pay of military personnel, to
be merged with, and to be available for the same time period
as the appropriations to which transferred, to be used in support
of such personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense
pursuant to section 2012 of title 10, United States Code.
SEC. 8100. Beginning in fiscal year 1997 and thereafter, and 18USC3056
notwithstanding any other provision of law, fixed and mobile tele- ^ote.
communications support shall be provided by the White House
Communications Agency (WHCA) to the United States Secret Service (USSS), without reimbursement, in connection with the Secret
Service's duties directly related to the protection of the President
or the Vice President or other officer immediately next in order
of succession to the office of the President at the White House
Security Complex in the Washington, D.C. Metropolitan Area and
Camp David, Maryland. For these purposes, the Wtiite House Security Complex includes the White House, the White House grounds,
the Old Executive Office Building, the New Executive Office Building, the Blair House, the Treasury Building, and the Vice President's Residence at the Naval Observatory.
SEC. 8101. None of the funds provided in this Act may be
obligated or expended for the sale of zinc in the National Defense
Stockpile if zinc commodity prices decline more than five percent
below the London Metals Exchange market price reported on the
date of enactment of this Act.
SEC. 8102. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act
under the heading "Shipbuilding and Conversion, Navy" shall be
considered to be for the same purpose as any subdivision under
the heading "Shipbuilding and Conversion, Navy" appropriations
in any prior year, and the one percent limitation shall apply to
the total amount of the appropriation.
SEC. 8103. During the current fiscal year, and notwithstanding
31 U.S.C. 1552(a), not more than $107,000,000 appropriated under
the heading "Aircraft Procurement, Air Force" in Public Law 101511 and not more than $15,000,000 appropriated under the heading
"Aircraft Procurement, Air Force" in Public Law 102-172 which
were available and obligated for the B-2 Aircraft Program shall
remain available for expenditure and for adjusting obligations for
such Program until September 30, 2002.
SEC. 8104. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the
period of availability for obligation has expired or which has closed
under the provisions of section 1552 of title 31, United States
Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be
charged to any current appropriation account for the same purpose
as the expired or closed account if—

110 STAT. 3009-109

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-110

T-AO fleet oiler program, $6,571,000;
To:
Under the heading, "Shipbuilding and Conversion, Navy,
1989/2000":
SSN-21 attack submarine program, $6,571,000;
From:
Under the heading, "Shipbuilding and Conversion, Navy,
199L/2001":
DDG-51 destroyer program, $12,687,000;
To:
Under the heading, "Shipbuilding and Conversion, Navy,
199172001":
LHD-1 amphibious assault ship program, $9,387,000;
MHC coastal mine hunter program, $3,300,000;
From:
Under the heading, "Shipbuilding and Conversion, Navy,
1992/1996":
For escalation, $1,600,000;
To:
Under the heading, "Shipbuilding and Conversion, Navy,
1992/1996":
MHC coastal mine hunter program, $1,600,000;
From:
Under the heading, "Shipbuilding and Conversion, Navy,
1993/1997""
DDG^51 destroyer program, $5,000,000;
LSD-41 cargo variant ship program, $2,700,000;
For craft, outfitting, post delivery, and first destination
transportation, and inflation adjustments, $1,577,000;
To:
Under the heading, "Shipbuilding and Conversion, Navy,
1993/1997":
AOE combat support ship program, $9,277,000;
From:
Under the heading, "Shipbuilding and Conversion, Navy,
1995/1999":
Carrier replacement program, $18,023,000;
To:
Under the heading, "Shipbuilding and Conversion, Navy,
1993/1997":
MHC coastal mine hunter program, $6,700,000;
AOE combat support ship program, $11,323,000;
From:
Under the heading, "Shipbuilding and Conversion, Navy,
1994/1998":
LHD-1 amphibious assault ship program, $4,100,000;
Mine warfare command and control ship, $1,000,000;
For craft, outfitting, post delivery, and first destination
transportation, $2,000,000;
From:
Under the heading, "Shipbuilding and Conversion, Navy,
1995/1999":
Carrier replacement program, $9,477,000;
From:
Under the heading, "Shipbuilding and Conversion, Navy,
1996/2000":
NSSN-1 (AP), $3,791,000;

110 STAT. 3009-111

PUBLIC LAW 104-208—SEPT. 30, 1996
DDG-51 destroyer program, $4,075,000;
CVN Refuelings, $5,212,000;
LHD-1 amphibious ship program, $16,800,000;
T-AGS-64 multi-purpose oceanographic survey ship,
$375,000;
For craft, outfitting, post dehvery, conversions and first
destination transportation, $11,770,000;

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-112

39N aircraft currently being used by the Navy for UNFO training
under a services contract.
SEC. 8111. TRADEOFF STUDY OF CURRENT AND FUTURE D E E P STRIKE CAPABILITIES.—

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

110 STAT. 3009-113

PUBLIC LAW 104-208—SEPT. 30, 1996

with a business combination of the defense contractor that occurs
after the date of enactment of this Act unless:
(1) the auditable savings for the Department of Defense
resulting from the restructuring will exceed the costs allowed
by a factor of at least two to one, or
(2) the savings for the Department of Defense resulting
from the restructuring will exceed the costs allowed and the
Secretary of Defense determines that the business combination
will result in the preservation of a critical capability that might
otherwise be lost to the Department, and
(3) the report required by Section 818(e) of Public Law
103-337 to be submitted to Congress in 1996 is submitted.
(b) Not later than April 1, 1997, the Comptroller General shall,
in consultation with the Inspector General of the Department of
Defense, the Secretary of Defense, and the Secretary of Labor,
submit to Congress a report which shall include the following:
(1) an analysis and breakdown of the restructuring costs
paid by or submitted to the Department of Defense to companies
involved in business combinations since 1993;
(2) an analysis of the specific costs associated with
workforce reductions;
(3) an analysis of the services provided to the workers
affected by business combinations;
(4) an analysis of the effectiveness of the restructuring
costs used to assist laid off workers in gaining employment;
(5) in accordance with section 818 of Public Law 103337, an analysis of the savings reached from the business
combination relative to the restructuring costs paid by the
Department of Defense.
(c) The report should set forth recommendations to make this
program more effective for workers affected by business combinations and more efficient in terms of the use of Federal dollars.
SEC. 8116. Notwithstanding any other provision of law, none
of the funds appropriated in this Act may be used to purchase,
install, replace, or otherwise repair any lock on a safe or security
container which protects information critical to national security
or any other classified materials and which has not been certified
as passing the security lock specifications contained in regulation
FF-I^2740 dated October 12, 1989, and has not passed all testing
criteria and procedures established through February 28, 1992:
Provided, That the Director of Central Intelligence may waive this
provision, on a case-by-case basis only, upon certification that the
above cited locks are not adequate for the protection of sensitive
intelligence information.
SEC. 8117. Section 8110 of Public Law 104-61 (109 Stat. 674)
is hereby repealed.
SEC. 8118. The Secretary of Defense, in conjunction with the
Secretary of Labor, shall take such steps as required to ensure
that those Department of Defense contractors and other entities
subject to section 4212(d) of title 38, United States Code are aware
of, and in compliance with, the requirements of that section regarding submission of an annual report to the Secretary of Labor
concerning emplojonent of certain veterans: Provided, That the
Secretary of Defense shall ensure that those Department of Defense
contractors and other entities subject to section 4212(d) of title
38, United States Code which have contracts with the Department
of Defense are notified of the potential penalties associated with

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-114

failure to comply with these annual reporting requirements (including potential suspension or debarment from federal contracting):
Provided further. That within 180 days of enactment of this Act
the Secretary of Labor and the Secretary of Defense shall submit
a report to Congress which—
(1) using the most recent reporting data, details the number
of reports received from Department of Defense contractors
and the estimated number of Department of Defense contractors
which are not in compliance with these annual reporting
requirements;
(2) describes the steps taken by the Departments of Labor
and Defense in order to ensure compliance with section 4212(d)
of title 38, United States Code;
(3) describes any additional measures taken or planned
to be taken by the Departments of Labor and Defense to
improve compliance with section 4212(d) of title 38, United
States Code pursuant to this section; and
(4) any further recommendations regarding additional
action (including changes in existing law) which may be necessary to improve compliance with section 4212(d) of title 38,
United States Code.
SEC. 8119. Funds appropriated in title II of this Act for supervision and administration costs for facilities maintenance and
repair, minor construction, or design projects may be obligated
at the time the reimbursable order is accepted by the performing
activity: Provided, That for the purpose of this section, supervision
and administration costs includes all in-house Grovernment cost.
SEC. 8120. (a) LIMITATION ON ADVANCE BILLING.—During fiscal
year 1997, advance billing for services provided or work performed
by the Defense Business Operations Fund activities of the Department of the Navy in excess of $1,000,000,000 is prohibited.

(b) REVISED RATES; ADDITIONAL SURCHARGES.—In conjunction

with the Under Secretary of Defense (Comptroller), the Secretary
of the Navy shall develop a plan to revise fiscal year 1997 customer
rates or establish additional surcharges so as to increase revenues
to the Defense Business Operations Fund by at least an additional
$500,000,000 in executing orders accepted during fiscal year 1997.
(c) TRANSFER AUTHORITY.—^To the extent necessary to comply
with any rate increase or new surcharge on rates in fiscal year
1997 established under subsection (b), the Secretary of the Navy
shall transfer at least $500,000,000, from funds made available
under subsection (d), into customer accounts of the Navy used
to reimburse the Defense Business Operations Fund so as to provide
customers with sufficient resources to pay the increased customer
rates and additional surcharges. The transfer authority provided
by this subsection is in addition to other transfer authority provided
in this Act. The funds transferred shall be merged with and available for the same purposes, and for the same time period, as
the appropriation to which transferred.
(d) SOURCE OF FUNDS.—To provide funds for transfer under
subsection (c), the amounts appropriated elsewhere in this Act
for the following appropriation accounts are reduced by 2.0 percent:
Aircraft Procurement, Navy; Weapons Procurement, Navy; Procurement of Ammunition, Navy and Marine Corps; Shipbuilding and
Conversion, Navy; Other Procurement, Navy; and Research, Development, Test and Evaluation, Navy. These reductions shall be
applied on a pro-rata basis to each line item, program element.

110 STAT. 3009-115

PUBLIC LAW 104-208—SEPT. 30, 1996

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-116

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

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

110 STAT. 3009-117

10 use 1073
note.

10 use 1073
™te.

PUBLIC LAW 104-208—SEPT. 30, 1996

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-118

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

110 STAT. 3009-119

Short title.

PUBLIC LAW 104-208—SEPT. 30, 1996

251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended; Provided further, That funds appropriated in this section, or made available by transfer of such funds,
for programs and activities of the Central Intelligence Agency shall
remain available until September 30, 1997; Provided further, That
funds appropriated in this section or made available by transfer
of such funds, to any intelligence agency or activity of the United
States Government shall be deemed to be specifically authorized
by the Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414).
SEC. 8138. Of the amounts provided in Titles I though VIII
of this Act, $230,680,000 are permanently canceled: Provided, That
the Secretary of Defense shall allocate the amount of budgetary
resources canceled by this section on a pro-rata basis among each
budget activity, activity group and subactivity group and each program, project or activity within each appropriations account.
Titles I through VIII of this Act may be cited as the "Department of Defense Appropriations Act, 1997".
TITLE IX—FISCAL YEAR 1996 SUPPLEMENTAL APPROPRIATIONS
AND
RESCISSIONS
FOR
ANTI-TERRORISM,
COUNTER-TERRORISM, AND SECURITY ENHANCEMENT
ACTIVITIES
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, to provide emergency
supplemental appropriations for the Department of Defense for
the fiscal year ending September 30, 1996, namely:
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-120

Provided, That such amount is designated by Congress as an emergency requirement pursuant to section.25l(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for "Operation and Maintenance,
Air Force", $6.7,400,000, to remain available until September 30,
1997: Provided, That such amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2XD)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further. That these funds may be used to
liquidate obligations incurred by the Air Force during fiscal year
1996 for costs incurred under the authority of the Feed and Forage
Act (41 U.S.C. 11).
PROCUREMENT
OTHER PROCUREMENT, ARMY

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

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

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

110 STAT. 3 0 0 9 - 1 2 1

P U B L I C LAW 104-208—SEPT. 30, 1996

"Research, Development, Test and Evaluation, Defense-Wide,
1995/1996", $23,597,000.
SEC. 9002. Funds appropriated by this title, or made available
by transfer of such funds, for programs and activities of the Central
Intelligence Agency shall remain available until September 30,
1997: Provided, That funds appropriated by this title, or made
available by transfer of such funds, to any intelligence agency
or intelligence activity of the United States Government shall be
deemed to be specifically authorized by the Congress for purposes
of section 504 of the National Security Act of 1947 (50 U.S.C.
414).
(c) For programs, projects or activities in the Foreign Operations, Export Financing, and Related Programs Appropriations
Act, 1997, provided as follows, to be effective as if it had been
enacted into law as the regular appropriations Act:
AN ACT
Making appropriations for the foreign operations, export financing, and related
programs for tne fiscal year ending September 30, 1997, and for other purposes.
Foreign
Operations,
Export
Financing, and
Related
Programs
Appropriations
Act, 1997.
Post, p. 3009172.

TITLE I—EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-122

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

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

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

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

110 STAT. 3009-123

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 1997, unless
otherwise specified herein, as follows:
AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND DISEASE PROGRAMS FUND

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-124

Fund (UNICEF) pursuant to section 301 of the Foreign Assistance
Act of 1961.
DEVELOPMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)

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

110 STAT. 3009-125

/

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-126

PRIVATE AND VOLUNTARY ORGANIZATIONS
None of t h e funds a p p r o p r i a t e d or otherwise m a d e available 22 USC 215lu
by t h i s Act for development assistance m a y be m a d e available note,
to a n y U n i t e d S t a t e s private a n d voluntary organization, except
any cooperative development organization, which obtains less t h a n
20 p e r c e n t u m of its total a n n u a l funding for i n t e r n a t i o n a l activities
from sources other t h a n t h e U n i t e d S t a t e s Government: Provided,
T h a t t h e r e q u i r e m e n t s of t h e provisions of section 123(g) of t h e
Foreign Assistance Act of 1961 a n d t h e provisions on private a n d
v o l u n t a r y organizations in title II of t h e "Foreign Assistance a n d
Related P r o g r a m s Appropriations Act, 1985" (as enacted in Public
L a w 98-473) shall be s u p e r s e d e d by t h e provisions of t h i s section,
except t h a t t h e a u t h o r i t y contained in t h e last sentence of section
123(g) m a y be exercised by t h e A d m i n i s t r a t o r w i t h regard to t h e
r e q u i r e m e n t s of t h i s p a r a g r a p h .
F u n d s appropriated or otherwise m a d e available u n d e r title
II of t h i s Act should be m a d e available to private a n d voluntary
organizations a t a level which is equivalent to t h e level provided
in fiscal y e a r 1995. Such p r i v a t e a n d v o l u n t a r y organizations shall
include those which operate on a not-for-profit basis, receive cont r i b u t i o n s from private sources, receive voluntary support from
t h e public a n d a r e deemed to be a m o n g t h e most cost-effective
a n d successful providers of development assistance.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for i n t e r n a t i o n a l disaster relief,
rehabilitation, a n d reconstruction assistance p u r s u a n t to section
4 9 1 of t h e Foreign Assistance Act of 1961, as a m e n d e d ,
$190,000,000, to r e m a i n available u n t i l expended.
DEBT RESTRUCTURING
For t h e cost, as defined in section 502 of t h e Congressional
Budget Act of 1974, of modifying direct loans a n d loan g u a r a n t e e s ,
a s t h e P r e s i d e n t m a y d e t e r m i n e , for which funds have been approp r i a t e d or otherwise m a d e available for p r o g r a m s within t h e International Affairs Budget F u n c t i o n 150, including t h e cost of selling,
reducing, or canceling a m o u n t s , t h r o u g h debt buybacks a n d swaps,
owed to t h e U n i t e d S t a t e s a s a result of concessional loans m a d e
to eligible L a t i n American a n d C a r i b b e a n countries, p u r s u a n t to
p a r t IV of t h e Foreign Assistance Act of 1961, a n d of modifying
concessional loans authorized u n d e r title I of t h e Agricultural T r a d e
Development a n d Assistance Act of 1954, as a m e n d e d , as authorized
u n d e r subsection (a) u n d e r t h e h e a d i n g "Debt Reduction for J o r d a n "
in title VI of Public Law 103-306; $27,000,000, to r e m a i n available
u n t i l expended: Provided,
T h a t none of t h e funds a p p r o p r i a t e d
u n d e r t h i s h e a d i n g shall be obligated except as provided t h r o u g h
t h e r e g u l a r notification procedures of t h e Committees on Appropriations.
MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM ACCOUNT
For t h e cost of direct loans a n d loan g u a r a n t e e s , $1,500,000,
a s authorized by section 108 of t h e Foreign Assistance Act of 1961,
as a m e n d e d : Provided, T h a t such costs shall be a s defined in section
502 of t h e Congressional Budget Act of 1974: Provided
further,
T h a t g u a r a n t e e s of loans m a d e u n d e r t h i s h e a d i n g in support

29-194 O - 96 - 10 : QL 3 Part 4

110 STAT. 3009-127

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

For payment to the "Foreign Service Retirement and Disability
Fund", as authorized by the Foreign Service Act of 1980,
$43,826,000.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL
DEVELOPMENT
For necessary expenses to carry out the provisions of section
667, $470,750,000: Provided, That none of the funds appropriated
by this Act for programs administered by the Agency for International Development may be used to finance printing costs of
any report or study (except feasibility, design, or evaluation reports
or studies) in excess of $25,000 without the approval of the Administrator of the Agency or the Administrator's designee.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL
DEVELOPMENT OFFICE OF INSPECTOR GENERAL

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-128

OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND

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

For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961, $19,600,000,
which shall be available for the United States contribution to the
International Fund for Ireland and shall be made available in
accordance with the provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415): Provided, That such amount
shall be expended at the minimum rate necessary to make timely
pa3ntnent for projects and activities: Provided further, That funds
made available under this heading shall remain available until
September 30, 1998.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

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

*

110 STAT. 3009-129

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-130

(d) None of the funds appropriated under this heading shall 22USC5814
be made available to any government of the new independent ^^ote.
states of the former Soviet Union if that government directs any
action in violation of the territorial integrity or national sovereignty
of any other new independent state, such as those violations
included in the Helsinki Final Act: Provided, That such funds
may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the
national security interest of the United States: Provided further.
That the restriction of this subsection shall not apply to the use
of such funds for the provision of assistance for purposes of humanitarian, disaster and refugee relief.
(e) None of the funds appropriated under this heading for
the new independent states of the former Soviet Union shall be
made available for any state to enhance its military capability:
Provided, That restriction does not apply to demilitarization or
nonproliferation programs.
(f) Funds appropriated under this heading shall be subject
to the regular notification procedures of the Committees on Appropriations.
(g) Funds made available in this Act for assistance to the
new independent states of the former Soviet Union shall be subject
to the provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(h)(1) Of the funds appropriated under title II of this Act,
including funds appropriated under this heading, not less than
$10,000,000 shall be available only for assistance for Mongolia,
of which amount not less than $6,000,000 shall be available only
for the Mongolian energy sector.
(2) Funds made available for assistance for Mongolia may be
made available in accordance with the purposes and utilizing the
authorities provided in chapter 11 of part I of the Foreign Assistance
Act of 1961.
(i) Funds made available in this Act for assistance to the
New Independent States of the former Soviet Union shall be provided to the maximum extent feasible through the private sector,
including small- and medium-size businesses, entrepreneurs, and
others with indigenous private enterprises in the region,
intermediary development organizations committed to private enterprise, and private voluntary organizations: Provided, That grantees
and contractors should, to the maximum extent possible, place
in key staff positions specialists with prior on the ground expertise
in the region of activity and fluency in one of the local languages.
(j) In issuing new task orders, entering into contracts, or making grants, with funds appropriated under this heading or in prior
appropriations Acts, for projects or activities that have as one
of their primary purposes the fostering of private sector development, the Coordinator for United States Assistance to the New
Independent States and the implementing agency shall encourage
the participation of and give significant weight to contractors and
grantees who propose investing a significant amount of their own
resources (including volunteer services and in-kind contributions)
in such projects and activities.
(k) Of the funds made available under this heading, not less
than $225,000,000 shall be made available for Ukraine, of which
funds not less than $25,000,000 shall be made available to carry
out United States decommissioning obligations regarding the

110 STAT. 3009-131

PUBLIC LAW 104-208—SEPT. 30, 1996

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-132

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

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

110 STAT. 3009-133

PUBLIC LAW 104-208—SEPT. 30, 1996
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL

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

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-134

of 1962 which would Umit the amount of funds which could be
appropriated for this purpose.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS

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

110 STAT. 3009-135

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-136

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

110 STAT. 3009-137

PUBLIC LAW 104-208—SEPT. 30, 1996

under this heading for procurement of defense articles, defense
services or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act: Provided further, That, subject to the regular notification procedures of the Committees on Appropriations, funds made available
under this heading for the cost of direct loans may also be used
to supplement the funds available under this heading for grants,
and funds made available under this heading for grants may also
be used to supplement the funds available under this heading
for the cost of direct loans: Provided further, That funds appropriated under this heading shall be expended at the minimum
rate necessary to make timely pa5mnent for defense articles and
services: Provided further. That not more than $23,250,000 of the
funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles
for replacement only for use outside of the United States, for the
general costs of administering military assistance and sales: Provided further. That not more than $355,000,000 of funds realized
pursuant to section 21(e)(1)(A) of the Arms Export Control Act
may be obligated for expenses incurred by the Department of
Defense during fiscal year 1997 pursuant to section 43(b) of the
Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations.
TITLE IV—MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION
AND DEVELOPMENT

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-138

CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

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

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

For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United
States contribution to the Fund to be administered by the InterAmerican Development Bank, $27,500,000 to remain available until
expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

For pa5mient to the Asian Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion
of the increase in capital stock, $13,221,596, to remain available
until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

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

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

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

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

110 STAT. 3009-139

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-140

PROHIBITION OF BILATERAL FUNDING I OR INTERNATIONAL FINANCIAL
INSTITUTIONS

SEC. 502. None of the funcs contained in title II of this Act
may be used to carry out the provisions of section 209(d) of the
Foreign Assistance Act of 1961.
LIMITATION ON RESIDENCE EXPENSES

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

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

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

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

110 STAT. 3 0 0 9 - 1 4 1

PUBLIC LAW 104-208—SEPT. 30, 1996

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

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

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

SEC. 509. None of the funds made available by this Act may
be obligated under an appropriation account to which they were
not appropriated, except for transfers specifically provided for in
this Act, unless the President, prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations of the House of Representatives and
the Senate.
D E O B L I G A T I O N / R E O B L I G A T I O N AUTHORITY

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-142

current fiscal year unless expressly so provided in this Act: Provided, That funds appropriated for the purposes of chapters 1,
8, and 11 of part I, section 667, and chapter 4 of part II of
the Foreign Assistance Act of 1961, as amended, and funds provided
under the heading "Assistance for Eastern Europe and the Baltic
States", shall remain available until expended if such funds are
initially obligated before the expiration of their respective periods
of availability contained in this Act: Provided further. That, notwithstanding any other provision of this Act, any funds made available
for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
pa3mnents or economic policy reform objectives, shall remain available until expended: Provided further. That the report required
by section 653(a) of the Foreign Assistance Act of 1961 shall designate for €ach country, to the extent known at the time of submission of such report, those funds allocated for cash disbursement
for balance of payment and economic policy reform purposes.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

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

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

110 STAT. 3009-143

PUBLIC LAW 104-208—SEPT. 30, 1996

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

22USC262h
note.

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-144

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

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

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

110 STAT. 3 0 0 9 - 1 4 5

P U B L I C LAW 104-208—SEPT. 30, 1996

debt repayment (interest and principal) from Israel to the United
States Government in recognition that such a principle serves
United States interests in the region.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY
STERILIZATION

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

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

(1) This subsection is enacted by Congress—
(A) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively, and
as such it is deemed a part of the rules of each House,

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-146

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

110 STAT. 3009-147

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-148

SPECIAL NOTIFICATION REQUIREMENTS

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

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

SEC. 522. Up to $8,000,000 of the funds made available by
this Act for assistance for family planning, health, child survival,
and AIDS, may be used to reimburse United States Government
agencies, agencies of State governments, institutions of higher
learning, and private and voluntary organizations for the full cost
of individuals (including for the personal services of such individuals) detailed or assigned to, or contracted by, as the case may
be, the Agency for International Development for the purpose of
carrying out family planning activities, child survival activities
and activities relating to research on, and the treatment and control
of acquired immune deficiency syndrome in developing countries:
Provided, That funds appropriated by this Act that are made available for child survival activities or activities relating to research
on, and the treatment and control of, acquired immune deficiency
S5mdrome may be made available notwithstanding any provision
of law that restricts assistance to foreign countries: Provided further. That funds appropriated by this Act that are made available
for family planning activities may be made available notwithstanding section 512 of this Act and section 620(q) of the Foreign Assistance Act of 1961.
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES

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

110 STAT. 3009-149

PUBLIC LAW 104-208—SEPT. 30, 1996
RECIPROCAL LEASING

22 use 2796.

SEC. 524. Section 61(a) of the Arms Export Control Act is
amended by striking out "1996" and inserting in lieu thereof "1997".
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

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

SEC. 526. Funds appropriated by this Act may be obligated
and expended notwithstanding section 10 of Public Law 91-672
and section 15 of the State Department Basic Authorities Act of
1956.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

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

22 use 2763
note-

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-150

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

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

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

SEC. 530. In order to enhance the continued participation of
nongovernmental organizations in economic assistance activities
under the Foreign Assistance Act of 1961, including endowments,
debt-for-development and debt-for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the Agency
for International Development may place in interest bearing
accounts funds made available under this Act or prior Acts or
local currencies which accrue to that organization as a result of
economic assistance provided under title II of this Act and any
interest earned on such investment shall be used for the purpose
for which the assistance was provided to that organization.
SEPARATE ACCOUNTS
SEC. 531. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.— 22 use 2359
(1) If assistance is furnished to the government of a foreign country note.
under chapters 1 and 10 of part I or chapter 4 of part II of
the Foreign Assistance Act of 1961 under agreements which result
in the generation of local currencies of that country, the Administrator of the Agency for International Development shall—
(A) require that local currencies be deposited in a separate
account established by that government;
(B) enter into an agreement with that government which
sets forth—
(i) the amount of the local currencies to be generated,
and
(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this
section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development
and that government to monitor and account for deposits into
and disbursements from the separate account.
(2) U S E S OF LOCAL CURRENCIES.—AS may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only—

110 STAT. 3 0 0 9 - 1 5 1

PUBLIC LAW 104-208—SEPT. 30, 1996

(A) to carry out chapters 1 or 10 of part I or chapter
4 of part II (as the case may be), for such purposes as—
(i) project and sector assistance activities, or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) PROGRAMMING ACCOUNTABILITY.—The Agency for

Inter-

national Development shall take all necessary steps to ensure that
the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant
to subsection (a)(1) are used for the purposes agreed upon pursuant
to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination

of assistance to a country under chapters 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account established
pursuant to subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country and the
United States Government.
(5) CONFORMING AMENDMENTS.—The provisions of this subsection shall supersede the tenth and eleventh provisos contained
under the heading "Sub-Saharan Africa, Development Assistance"
as included in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 and sections 531(d)
and 609 of the Foreign Assistance Act of 1961.
(6) REPORTING REQUIREMENT.—The Administrator of the
Agency for International Development shall report on an annual
basis as part of the justification documents submitted to the
Committees on Appropriations on the use of local currencies for
the administrative requirements of the United States Government
as authorized in subsection (a)(2)(B), and such report shall include
the amount of local currency (and United States dollar equivalent)
used and/or to be used for such purpose in each applicable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1) If assistance is made available to the government of a foreign country,
under chapters 1 or 10 of part I or chapter 4 of part II of the
Foreign Assistance Act of 1961, as cash transfer assistance or
as nonproject sector assistance, that country shall be required to
maintain such funds in a separate account and not commingle
them with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance including
provisions which are referenced in the Joint Explanatory Statement
of the Committee of Conference accompanying House Joint Resolution 648 (H. Report No. 98-1159).
(3) NOTIFICATION.—^At lest fifteen days prior to obligating any
such cash transfer or nonproject sector assistance, the President
shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include
a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests
that will be served by the assistance (including, as appropriate,
a description of the economic policy reforms that will be promoted
by such assistance).

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-152

(4) EXEMPTION.—^Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the notification procedures of the Committees on Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO
INTERNATIONAL FINANCING INSTITUTIONS

SEC. 532. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while the
United States Executive Director to such institution is compensated
by the institution at a rate which, together with whatever compensation such Director receives from the United States, is in
excess of the rate provided for an individual occupying a position
at level IV of the Executive Schedule under section 5315 of title
5, United States Code, or while any alternate United States Director
to such institution is compensated by the institution at a rate
in excess of the rate provided for an individual occupying a position
at level V of the Executive Schedule under section 5316 of title
5, United States Code.
(b) For purposes of this section, "international financial institutions" are: the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the Asian Development Fund, the African Development
Bank, the African Development Fund, the International Monetary
Fund, the North American Development Bank, and the European
Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ
SEC. 533. (a) DENIAL OF ASSISTANCE.—None of the funds appro- so use i70i
priated or otherwise made available pursuant to this Act to carry note,
out the Foreign Assistance Act of 1961 (including title IV of chapter
2 of part I, relating to the Overseas Private Investment Corporation)
or the Arms Export Control Act may be used to provide assistance
to any country that is not in compliance with the United Nations
Security Council sanctions against Iraq, Serbia or Montenegro
unless the President determines and so certifies to the Congress
that—
(1) such assistance is in the national interest of the United
States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait,
(b) IMPORT SANCTIONS.—If the President considers that the
taking of such action would promote the effectiveness of the economic sanctions of the United Nations and the United States
imposed with respect to Iraq, Serbia, or Montenegro, as the case
may be, and is consistent with the national interest, the President
may prohibit, for such a period of time as he considers appropriate,
the importation into the United States of any or all products of
any foreign country that has not prohibited—
(1) the importation of products of Iraq, Serbia, or
Montenegro into its customs territory, and
(2) the export of its products to Iraq, Serbia, or Montenegro,
as the case may be.

110 STAT. 3009-153

PUBLIC LAW 104-208—SEPT. 30, 1996

COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES

22 use 2762
iiote.

SEC. 533A. Direct costs associated with meeting a foreign customer's additional or unique requirements will continue to be allowable under contracts under section 22(d) of the Arms Export Control
Act. Loadings applicable to such direct costs shall be permitted
at the same rates applicable to procurement of like items purchased
by the Department of Defense for its own use.
POW/MIA MILITARY DRAWDOWN

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

22USC2321J
note.

SEC. 535. For the four-year period beginning on October 1,
1996, the President shall ensure that excess defense articles will
be made available under section 516 and 519 of the Foreign Assistance Act of 1961 consistent with the manner in which the President
made available excess defense articles under those sections during
the four-year period that began on October 1, 1992, pursuant to
section 5'73(e) of the Foreign Operations, Export Financing, Related
Programs Appropriations Act, 1990.
CASH FLOW FINANCING

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-154

AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMERICAN
FOUNDATION AND THE AFRICAN DEVELOPMENT FOUNDATION

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

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

SEC. 539. (a) The President is authorized to direct the transfer,
subject to prior notification of the Committees on Appropriations,
to the Government of Bosnia and Herzegovina, without reimbursement, of defense articles from the stocks of the Department of
Defense and defense services of the Department of Defense of
an aggregate value of not to exceed $10(5,000,000 in fiscal years
1996 and 1997: Provided, That the President certifies in a timely
fashion to the Congress that the transfer of such articles would
assist that nation in self-defense and thereby promote the security
and stability of the region.
(b) Within 60 days of any transfer under the authority provided
in subsection (a), and every 60 days thereafter, the President shall
report in writing to the Speaker of the House of Representatives

110 STAT. 3009-155

PUBLIC LAW 1 0 4 - 2 0 8 - r S E P T . 30, 1996

and the President pro tempore of the Senate concerning the articles
transferred and the disposition thereof.
(c) There are authorized to be appropriated to the President
such sums as may be necessary to reimburse the appHcable appropriation, fund, or account for defense articles provided under this
section.
RESTRICTIONS ON THE TERMINATION OF SANCTIONS AGAINST SERBIA
AND MONTENEGRO

50 use 1701
°ote.

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-156

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

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

110 STAT. 3009-157

PUBLIC LAW 104-208—SEPT. 30, 1996
ANTI-NARCOTICS ACTIVITIES

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

544.

(a)

ASSISTANCE

THROUGH

NONGOVERNMENTAL

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

P U B L I C LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-158

EARMARKS

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

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

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

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

29-194 O - 96 - 11: QL 3 Part 4

110 STAT. 3009-159

PUBLIC LAW 104-208—SEPT. 30, 1996

PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

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

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

SEC. 550. None of the funds appropriated or made available
pursuant to this Act shall be available to a private voluntary
organization which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of
the Agency for International Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING
INTERNATIONAL TERRORISM

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-160

Act shall be withheld from obligation for such country until the
Secretary of State certifies and reports in writing to the appropriate
congressional committees that such fines and penalties are fully
paid to the government of the District of Columbia.
(b) DEFINITION.—For purposes of this section, the term "appropriate congressional committees" means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND
GAZA

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

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

SEC. 555. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may
direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961, as amended, of up to $25,000,000 of commodities
and services for the United Nations War Crimes Tribunal established with regard to the former Yugoslavia by the United Nations
Security Council or such other tribunals or commissions as the
Council may establish to deal with such violations, without regard
to the ceiling limitation contained in paragraph (2) thereof: Provided, That the determination required under this section shall
be in lieu of any determinations otherwise required under section
552(c): Provided further, That 60 days after the date of enactment 22 USC 2656
of this Act, and every 180 days thereafter, the Secretary of State no^.
shall submit a report to the Committees on Appropriations describing the steps the United States Government is taking to collect
information regarding allegations of genocide or other violations

110 STAT. 3 0 0 9 - 1 6 1

PUBLIC LAW 104-208—SEPT. 30, 1996

'

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

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

SEC. 557. None of the funds appropriated by this Act may
be obligated or expended to create in any part of Jerusalem a
new office of any department or agency of the United States Government for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho
or any successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further. That meetings
between officers and employees of the United States and officials
of the Palestinian Authority, or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of Principles,
for the purpose of conducting official United States Government
business with such authority should continue to take place in locations other than Jerusalem. As has been true in the past, officers
and employees of the United States Government may continue
to meet in Jerusalem on other subjects with Palestinians (including
those who now occupy positions in the Palestinian Authority), have
social contacts, and have incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 558. None of the funds appropriated or otherwise made
available by this Act under the heading "INTERNATIONAL MILITARY
EDUCATION AND TRAINING" or "FOREIGN MILITARY FINANCING PROGRAM" for Informational Program activities may be obligated or
expended to pay for—
(1) alcoholic beverages;
(2) food (other than food provided at a military installation)
not provided in conjunction with Informational Program trips
where students do not stay at a military installation; or
(3) entertainment expenses for activities that are substantially of a recreational character, including entrance fees at
sporting events and amusement parks.
HUMANITARIAN CORRIDORS
SEC. 559. The Foreign Assistance Act of 1961 is amended
by adding immediately after section 620H the following new section:

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-162

"SEC. 620L PROHIBITION ON ASSISTANCE TO COUNTRIES THAT
RESTRICT UNITED STATES HUMANITARIAN ASSISTANCE.—

"(a) I N GENERAL.—No assistance shall be furnished under
this Act or the Arms Export Control Act to any country when
it is made known to the President that the government of
such country prohibits or otherwise restricts, directly or
indirectly, the transport or delivery of United States humanitarian assistance.
"(b) EXCEPTION.—^Assistance may be furnished without
regard to the restriction in subsection (a) if the President
determines that to do so is in the national security interest
of the United States.
"(c) NOTICE.—Prior to making any determination under
subsection (b), the President shall notify the Committee on
International Relations, the Committee on Foreign Relations,
and the Committees on Appropriations of the Senate and House
of Representatives of his intention to make such a determination, the effective date of the determination, and the reasons
for making the determination.".
EQUITABLE ALLOCATION OF FUNDS

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

561.

(a)

SENSE OF CONGRESS.—It is the

sense of

the

Congress that, to the greatest extent practicable, all equipment
and products purchased with funds made available in this Act
should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
LIMITATION OF FUNDS FOR NORTH AMERICAN DEVELOPMENT BANK

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

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

22USC237S-I.

110 STAT. 3 0 0 9 - 1 6 3

PUBLIC LAW 104-208—SEPT. 30, 1996
SPECIAL DEBT RELIEF FOR THE POOREST

SEC.

564.

(a) AUTHORITY T O REDUCE DEBT.—^The President

may reduce amounts owed to the United States (or any agency
of the United States) by an ehgible country as a result of—
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961; or
(2) credits extended or guarantees issued under the Arms
Export Control Act.
(b) LIMITATIONS.—

(1) The authority provided by subsection (a) may be exercised only to implement multilateral official debt relief and
referendum agreements, commonly referred to as "Paris Club
Agreed Minutes".
(2) The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be exercised only with respect to countries with heavy debt burdens
that are eligible to borrow from the International Development
Association, but not from the International Bank for
Reconstruction and Development, commonly referred to as
"IDA-only" countries.
(c) CONDITIONS.—^The authority provided by subsection (a) may
be exercised only with respect to a country whose government—
(1) does not have an excessive level of military expenditures;
(2) has not repeatedly provided support for acts of international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of internationally recognized human rights; and
(5) is not ineligible for assistance because of the application
of section 527 of the Foreign Relations Authorization Act, fiscal
years 1994 and 1995.
(d) AVAILABILITY OF FUNDS.—^The authority provided by subsection (a) may be used only with regard to funds appropriated
by this Act under the heading "Debt restructuring".
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—^A reduction of debt
pursuant to subsection (a) shall not be considered assistance for
purposes of any provision of law limiting assistance to a country.
The authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 565. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CANCELLATION.—
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN

LOANS.—^Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible
purchaser any concessional loan or portion thereof made before
January 1, 1995, pursuant to the Foreign Assistance Act of
1961, to the government of any eligible country as define in
section 702(6) of that Act or on receipt of pa5niient from an

P U B L I C LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-164

eligible purchaser, reduce or cancel such loan or portion thereof,
only for the purpose of facilitating—
(A) debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an additional
amount of the local currency of the eligible country, equal
to not less than 40 percent of the price paid for such
debt by such eligible country, or the difference between
the price paid for such debt and the face value of such
debt, to support activities that link conservation and
sustainable use of natural resources with local community
development, and child survival and other child development, in a manner consistent with sections 707 through
710 of the Foreign Assistance Act of 1961, if the sale,
reduction, or cancellation would not contravene any term
or condition of any prior agreement relating to such loan.
(2) TERMS AND CONDITIONS.—Notwithstanding any

other

provision of law, the President shall, in accordance with this
section, establish the terms and conditions under which loans
may be sold, reduced, or canceled pursuant to this section.
(3) ADMINISTRATION.—^The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such agency
shall make an adjustment in its accounts to reflect the sale,
reduction, or cancellation.
(4) LIMITATION.—^The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) DEPOSIT OF PROCEEDS.—^The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant
to this section shall be deposited in the United States Government
account or accounts established for the repayment of such loan.
(c) ELIGIBLE PURCHASERS.—^A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging
in debt-for-equity swaps, debt-for-development swaps, or debt-fornature swaps.
(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section,
of any loan made to an eligible country, the President should
consult with the country concerning the amount of loans to be
sold, reduced, or canceled and their uses for debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(e) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to funds appropriated
by this Act under the heading "Debt restructuring".
LIBERIA

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

110 STAT. 3009-165

PUBLIC LAW 104-208—SEPT. 30, 1996
GUATEMALA

SEC. 567. (a) Funds provided in this Act may be made available
for the Guatemalan military forces, and the restrictions on Guatemala under the headings "International Military Education and
Training" and "Foreign Military Financing Program" shall not
apply, only if the President determines and certifies to the Congress
that the Guatemalan military is cooperating fully with efforts to
resolve human rights abuses which elements of the Guatemalan
military forces are alleged to have committed, ordered or attempted
to thwart the investigation of, and with efforts to negotiate a
peace settlement.
(b) The prohibition contained in subsection (a) shall not apply
to funds made available to implement a ceasefire or peace agreement.
(c) Any funds made available pursuant to subsections (a) or
(b) shall be subject to the regular notification procedures of the
Committees on Appropriations.
(d) Any funds made available pursuant to subsections (a) and
(b) for international military education and training may only be
for expanded international military education and training.
SANCTIONS AGAINST COUNTRIES HARBORING WAR CRIMINALS
SEC. 568. (a) BILATERAL ASSISTANCE.—^The President is authorized to withhold funds appropriated by this Act under the Foreign
Assistance Act of 1961 or the Arms Export Control Act for any
country described in subsection (c).
(b) MULTILATERAL ASSISTANCE.—The Secretary of the Treasury

should instruct the United States executive directors of the international financial institutions to work in opposition to, and vote
against, any extension by such institutions of financing or financial
or technical assistance to any country described in subsection (c).
(c) SANCTIONED COUNTRIES.—^A country described in this subsection is a country the government of which knowingly grants
sanctuary to persons in its territory for the purpose of evading
prosecution, where such persons—
(1) have been indicted by the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, or any other international tribunal with similar
standing under international law, or
(2) have been indicted for war crimes or crimes against
humanity committed during the period beginning March 23,
1933 and ending on May 8, 1945 under the direction of, or
in association with—
(A) the Nazi government of Germany;
(B) any government in any area occupied by the military forces of the Nazi government of Germany;
(C) any government which was established with the
assistance or cooperation of the Nazi government; or
(D) any government which was an ally of the Nazi government
of Germany.
LIMITATION ON ASSISTANCE FOR HAITI

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

PUBLIC LAW 104-208—5EPT. 30, 1996

110 STAT. 3009-166

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

SEC. 570. (a) Until such time as the President determines
and certifies to Congress that Burma has made measurable and
substantial progress in improving human rights practices and
implementing democratic government, the following sanctions shall
be imposed on Burma:
(1) BILATERAL ASSISTANCE.—^There shall be no United
States assistance to the Government of Burma, other than:
(A) humanitarian assistance,
(B) subject to the regular notification procedures of
the Committees on Appropriations, counter-narcotics assistance under chapter 8 of part I of the Foreign Assistance
Act of 1961, or crop substitution assistance, if the Secretary
of State certifies to the appropriate congressional committees that—
(i) the Government of Burma is fully cooperating
with United States counter-narcotics efforts, and
(ii) the programs are fully consistent with United
States human rights concerns in Burma and serve
the United States national interest, and
(C) assistance promoting human rights and democratic
values.
(2)

MULTILATERAL ASSISTANCE.—The

Secretary

of

the

Treasury shall instruct the United States executive director
of each international financial institution to vote against any
loan or other utilization of funds of the respective bank to
or for Burma.
(3) VISAS.—Except as required by treaty obligations or to
staff the Burmese mission to the United States, the United
States should not grant entry visas to any Burmese government
official.
(b) CONDITIONAL SANCTIONS.—^The President is hereby author-

ized to prohibit, and shall prohibit United States persons from
new investment in Burma, if the President determines and certifies
to Congress that, after the date of enactment of this Act, the
Government of Burma has physically harmed, rearrested for political acts, or exiled Daw Aung San Suu Kyi or has committed largescale repression of or violence against the Democratic opposition.
(c) MULTILATERAL STRATEGY.—The President shall seek to
develop, in coordination with members of ASEAN and other countries having major trading and investment interests in Burma,
a comprehensive, multilateral strategy to bring democracy to and
improve human rights practices and the quality of life in Burma,
including the development of a dialogue between the State Law

110 STAT. 3009-167

PUBLIC LAW 104-208—SEPT. 30, 1996

and Order Restoration Council (SLORC) and democratic opposition
groups within Burma.
(d) PRESIDENTIAL REPORTS.—Every six months following the

enactment of this Act, the President shall report to the Chairmen
of the Committee on Foreign Relations, the Committee on International Relations and the House and Senate Appropriations
Committees on the following:
(1) progress toward democratization in Burma;
(2) progress on improving the quality of life of the Burmese
people, including progress on market reforms, living standards,
labor standards, use of forced labor in the tourism industry,
and environmental quality; and
(3) progress made in developing the strategy referred to
in subsection (c).
(e) WAIVER AUTHORITY.—The President shall have the authority
to waive, temporarily or permanently, any sanction referred to
in subsection (a) or subsection (b) if he determines and certifies
to Congress that the application of such sanction would be contrary
to the national security interests of the United States.
(f) DEFINITIONS.—

(1) The term "international financial institutions" shall
include the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment
Guarantee Agency, the Asian Development Bank, and the International Monetary Fund.
(2) The term "new investment" shall mean any of the
following activities if such an activity is undertaken pursuant
to an agreement, or pursuant to the exercise of rights under
such an agreement, that is entered into with the Government
of Burma or a nongovernmental entity in Burma, on or after
the date of the certification under subsection (b):
(A) the entry into a contract that includes the
economical development of resources located in Burma,
or the entry into a contract providing for the general supervision and guarantee of another person's performance of
such a contract;
(B) the purchase of a share of ownership, including
an equity interest, in that development;
(C) the entry into a contract providing for the participation in royalties, earnings, or profits in that development,
without regard to the form of the participation:
Provided, That the term "new investment" does not include
the entry into, performance of, or financing of a contract to
sell or purchase goods, services, or technology.
REPORT REGARDING HONG

22 use 5731
note.

KONG

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

P U B L I C LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-168

(2) Beijing's plans to replace the elected legislature with
an appointed body;
(3) the openness and fairness of the election of the chief
executive and the executive's accountability to the legislature;
(4) the treatment of political parties;
(5) the independence of the Judiciary and its ability to
exercise the power of final judgment over Hong Kong law;
and
(6) the Bill of Rights.
USE OF FUNDS FOR PURCHASE OF PRODUCTS NOT MADE IN AMERICA

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

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

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

SEC. 576. (a) LIMITATION.—Beginning three years after the 22USC262k-i.
date of the enactment of this Act, the Secretary of the Treasury
shall instruct the United States Executive Director of each international flnancial institution to use the voice and vote of the United
States to oppose any loan or other utilization of the funds of
their respective institution, other than to address basic human
needs, for the government of any country which the Secretary
of the Treasury determines—

110 STAT. 3009-169

P U B L I C LAW 104-208—SEPT. 30, 1996

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

2 use 901.

SEC. 577. Section 251(b)(2)(G) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking
"fiscal year 1994 and 1995" and inserting in lieu thereof "fiscal
years 1994, 1995, £ind 1997" in both places that this appears.
INFORMATION ON COOPERATION WITH UNITED STATES ANTITERRORISM EFFORTS IN ANNUAL COUNTRY REPORTS ON TERRORISM

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-170

FEMALE GENITAL MUTILATION

SEC. 579. (a) LIMITATION.—^Beginning 1 year after the date 22USC262k-2.
of the enactment of this Act, the Secretary of the Treasury shgJl
instruct the United States Executive Director of each international
flnancieil institution to use the voice and vote of the United States
to oppose any loan or other utilization of the funds of their respective institution, other than to address basic human needs, for the
government of any country which the Secretary of the Treasury
determines—
(1) has, as a cultural custom, a known history of the
practice of female genital mutilation; and
(2) has not taken steps to implement educational programs
designed to prevent the practice of female genital mutilation,
(b) DEFINITION.—For purposes of this section, the term "international financial institution" shall include the institutions identified in section 532(b) of this Act.
REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN REPORT OF
SECRETARY OF STATE

SEC. 580. (a) FOREIGN AID REPORTING REQUIREMENT.—In addi- 22 use 24i4a
tion to the voting practices of a foreign country, the report required ^^ote.
to be submitted to Congress under section 406(a) of the Foreign
Relations Authorization Act, fiscal years 1990 and 1991 (22 U.S.C.
2414a), shsdl include a side-by-side comparison of individual countries' overall support for the United States at the United Nations
and the amount of United States assistance provided to such country in fiscal year 1996.
(b) UNITED STATES ASSISTANCE.—^For purposes of this section,
the term "United States assistance" has the meaning given the
term in section 481(e)(4) of the Foreign Assistance Act of 1961
(22 U.S.C. 2291(e)(4)).
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS
AGENCIES
SEC. 581. (a) PROHIBITION ON VOLUNTARY CONTRIBUTIONS FOR

THE UNITED NATIONS.—None of the funds appropriated or otherwise
made available by this Act may be made available to pay any
voluntary contribution of the United States to the United Nations
(including the United Nations Development Program if the United
Nations implements or imposes any taxation on any United States
persons.
(b) CERTIFICATION REQUIRED FOR DISBURSEMENT OF FUNDS.—

None of the funds appropriated or otherwise made available under
this Act may be made available to pay any voluntary contribution
of the United States to the United Nations (including the United
Nations Development Program) unless the President certifies to
the C o n f e s s 15 days in advance of such payment that the United
Nations is not engaged in any effort to implement or impose any
taxation on United States persons in order to raise revenue for
the United Nations or any of its specialized agencies.
(c) DEFINITIONS.—^As used in this section the term "United
States person" refers to—
(1) a natural person who is a citizen or national of the
United States; or

110 STAT. 3 0 0 9 - 1 7 1

PUBLIC LAW 104-208—SEPT. 30, 1996

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

SEC. 582. The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), for the civiHan-led Haitian National Police
and Coast Guard: Provided, That the authority provided by this
section shall be subject to the regular notification procedures of
the Committees on Appropriations.
REFUGEE STATUS FOR ADULT CHILDREN OF FORMER VIETNAMESE REEDUCATION CAMP INTERNEES RESETTLED UNDER THE ORDERLY DEPARTURE PROGRAM
SEC. 584. (a) ELIGIBILITY FOR ORDERLY DEPARTURE PROGRAM.—

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

22 use 2656
iiote.

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-172

supporting the development or deployment of a ballistic missile
capability.
LIMITATION ON ASSISTANCE TO MEXICO

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

SEC. 588. Not more than $22,000,000 of the funds appropriated
in this Act under the heading "Economic Support Fund" may be
made available to the Government of Turkey.
CIVIL LIABILITY FOR ACTS OF STATE SPONSORED TERRORISM

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

110 STAT. 3009-173
NATO
Enlai^ement
Facilitation Act

PUBLIC LAW 104-208—SEPT. 30, 1996

TITLE VI—NATO E N L A R G E M E N T FACILITATION ACT O F
1996

99 imp 1Q9S

SEC. 601. SHORT TITLE.

note.

This title may be cited as the "NATO Enlargement Facilitation
Act of 1996".
SEC. 602. FINDINGS.

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-174

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

110 STAT. 3009-175

PUBLIC LAW 104-208—SEPT. 30, 1996

concrete steps to demonstrate this commitment, including their
participation in Partnership for Peace activities.
(19) The Caucasus region remains important geographically
and politically to the future security of Central Europe. As
NATO proceeds with the process of enlargement, the tJnited
States and NATO should continue to examine means to
strengthen the sovereignty and enhance the security of United
Nations recognized countries in that region.
(20) In recognition that not all countries which have
requested membership in NATO will necessarily qualify at
the same pace, the accession date for each new member will
vary.
(21) The provision of additional NATO transition assistance
should include those emerging democracies most ready for
closer ties with NATO and should be designed to assist other
countries meeting specified criteria of eligibility to move forward toward eventual NATO membership.
(22) The Congress of the United States finds in particular
that Poland, Hungary, and the Czech Republic have made
significant progress toward achieving the criteria set forth in
section 203(d)(3) of the NATO Participation Act of 1994 and
should be eligible for the additional assistance described in
this Act.
(23) The evaluation of future membership in NATO for
emerging democracies in Central and Eastern Europe should
be based on the progress of those nations in meeting criteria
for NATO membership, which require enhancement of NATO's
security and the approval of all NATO members.
(24) The process of NATO enlargement entails the consensus agreement of the governments of all 16 NATO members
and ratification in accordance with their constitutional procedures.
(25) Some NATO members, such as Spain and Norway,
do not allow the deployment of nuclear weapons on their territory although they are accorded the full collective security
guarantees provided by Article 5 of the Washington Treaty.
There is no a priori requirement for the stationing of nuclear
weapons on the territory of new NATO members, particularly
in the current security climate. However, NATO retains the
right to alter its security posture at any time as circumstances
warrant.
SEC. 603. UNITED STATES POLICY.

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-176

and responsibilities of NATO membership, including the obligation set forth in Article 10 of the Washington Treaty that
new members be able to contribute to the security of the North
Atlantic area; and
(5) to work to define a constructive and cooperative political
and security relationship between an enlarged NATO and the
Russian Federation.
SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER ENLARGEMENT OF NATO.

It is the sense of the Congress that in order to promote economic
stability and security in Slovakia, Estonia, Latvia, Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine—
(1) the United States should continue and expand its support for the full and active participation of these countries
in activities appropriate for qualifying for NATO membership;
(2) the United States Government should use all diplomatic
means available to press the European Union to admit as
soon as possible any country which qualifies for membership;
(3) the United States Government and the North Atlantic
Treaty Organization should continue and expand their support
for military exercises and peacekeeping initiatives between and
among these nations, nations of the North Atlantic Treaty
Organization, and Russia; and
(4) the process of enlarging NATO to include emerging
democracies in Central and Eastern Europe should not be limited to consideration of admitting Poland, Hungary, the Czech
Republic, and Slovenia as full members of the NATO Alliance.
SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA, LATVIA
AND UTHUANIA.

In view of the forcible incorporation of Estonia, Latvia, Lithuania into the Soviet Union in 1940 under the Molotov-Ribbentrop
Pact and the refusal of the United States and other countries
to recognize that incorporation for over 50 years, it is the sense
of the Congress that—
(1) Estonia, Latvia, and Lithuania have valid historical
security concerns that must be taken into account by the United
States; and
(2) Estonia, Latvia, and Lithuania should not be disadvantaged in seeking to join NATO by virtue of their forcible incorporation into the Soviet Union.
SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT ASSISTANCE.

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

""

110 STAT. 3 0 0 9 - 1 7 7

PUBLIC LAW 104-208—SEPT. 30, 1996

(c) DESIGNATION OF OTHER COUNTRIES.—The President shall
designate other emerging democracies in Central and Eastern
Europe as eligible to receive assistance under the program established under section 203(a) of such Act if such countries—
(1) have expressed a clear desire to join NATO;
(2) have begun an individualized dialogue with NATO in
preparation for accession;
(3) are strategically significant to an effective NATO
defense; and
(4) meet the other criteria outlined in section 203(d)(3)
of the NATO Participation Act of 1994 (title II of Public Law
103-447; 22 U.S.C. 1928 note).
(d) RULE OF CONSTRUCTION.—Nothing in this section precludes
the designation by the President of Estonia, Latvia, Lithuania,
Romania, Slovakia, Bulgaria, Albania, Moldova, Ukraine, or any
other emerging democracy in Central and Eastern Europe pursuant
to section 203(d) of the NATO Participation Act of 1994 as eligible
to receive assistance under the program established under section
203(a) of such Act.
SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO ENLARGEMENT ASSISTANCE.

(a) I N GENERAL.—^There are authorized to be appropriated
$60,000,000 for fiscal year 1997 for the program established under
section 203(a) of the NATO Participation Act of 1994.
(b) AVAILABILITY.—Of the funds authorized to be appropriated
by subsection (a)—
(1) not less than $20,000,000 shall be available for the
cost, as defined in section 502(5) of the Credit Reform Act
of 1990, of direct loans pursuant to the authority of section
203(c)(4) of the NATO Participation Act of 1994 (relating to
the "Foreign Military Financing Program");
(2) not less than $30,000,000 shall be available for assistance on a grant basis pursuant to the authority of section
203(c)(4) of the NATO Participation Act of 1994 (relating to
the "Foreign Military Financing Program"); and
(3) not more than $10,000,000 shall be available for assistance pursuant to the authority of section 203(c)(3) of the NATO
Participation Act of 1994 (relating to international military
education and training).
(c) RULE OF CONSTRUCTION.—^Amounts authorized to be appro-

priated under this section are authorized to be appropriated in
addition to such amounts as otherwise may be available for such
purposes.
SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR
PEACE INFORMATION MANAGEMENT SYSTEM.

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-178

(1) during any fiscal year under the NATO Participation
Act of 1994 with respect to countries ehgible for assistance
under that Act; or
(2) during fiscal year 1997 under any Act to carry out
the Warsaw Initiative.
SEC. 609. EXCESS DEFENSE ARTICLES.

(a) PRIORITY DELIVERY.—Notwithstanding any other provision
of law, the delivery of excess defense articles under the authority
of section 203(c) (1) and (2) of the NATO Participation Act of
1994 and section 516 of the Foreign Assistance Act of 1961 shall
be given priority to the maximum extent feasible over the delivery
of such excess defense articles to all other countries except those
countries referred to in section 541 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1995
(Public Law 103-306; 108 Stat. 1640).
(b) COOPERATIVE REGIONAL PEACEKEEPING INITIATIVES.—The

Congress encourages the President to provide excess defense articles
and other appropriate assistance to cooperative regional peacekeeping initiatives involving emerging democracies in Central and Eastern Europe that have expressed an interest in joining NATO in
order to enhance their ability to contribute to European peace
and security and international peacekeeping efforts.
SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY.

The Congress endorses efforts by the United States to modernize the defense capability of Poland, Hungary, the Czech Republic,
Slovenia, and any other countries designated by the President
pursuant to section 203(d) of the NATO Participation Act of 1994,
by exploring with such countries options for the sale or lease to
such countries of weapons systems compatible with those used
by NATO members, including air defense systems, advanced fighter
aircraft, and telecommunications infrastructure.
SEC. 611. TERMINATION OF ELIGIBILITY.
(a) TERMINATION OF ELIGIBILITY.—^The eligibility of a country

designated pursuant to subsection (a) or (b) of section 606 or pursuant to section 203(d) of the NATO Participation Act of 1994 may
be terminated upon a determination by the President that such
country does not meet the criteria set forth in section 203(d)(3)
of the NATO Participation Act of 1994.
(b) NOTIFICATION.—^At least 15 days before terminating the
eligibility of any country pursuant to subsection (a), the President
shall notify the congressional committees specified in section 634A
of the Foreign Assistance Act of 1961 in accordance with the procedures applicable to reprogramming notifications under that section.
SEC. 612. CONFORMING AMENDMENTS TO THE NATO PARTICIPATION
ACT.

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

110 STAT. 3 0 0 ^ 1 7 9
Bank for
Economic
Cooperation and
Development in
the Middle East
and North Africa
Act
22 u s e 290o
note.
22 u s e 290o.

22 u s e 290O-1.

PUBLIC LAW 104-208—SEPT. 30, 1996

TITLE VII—MIDDLE EAST DEVELOPMENT BANK
SEC. 701. SHORT TITLE.

This title may be cited as the "Bank for Economic Cooperation
and Development in the Middle East and North Africa Act".
SEC. 702. ACCEPTANCE OF MEMBERSHIP.

The President is hereby authorized to accept membership for
the United States in the Bank for Economic Cooperation and Development in the Middle East and North Africa (in this title referred
to as the "Bank") provided for by the agreement establishing the
Bank (in this title referred to as the "Agreement"), signed on May
31, 1996.
SEC. 703. GOVERNOR AND ALTERNATE GOVERNOR.

(a) APPOINTMENT,—^At the inaugural meeting of the Board of
Governors of the Bank, the Governor and the alternate for the
Governor of the International Bank for Reconstruction and Development, appointed pursuant to section 3 of the Bretton Woods Agreements Act, shall serve ex-officio as a Governor and the alternate
for the Grovemor, respectively, of the Bank. The President, by
and with the advice and consent of the Senate, shall appoint a
Governor of the Bank and an alternate for the Governor.
(b) COMPENSATION.—^Any person who serves as a governor of
the Bank or as an alternate for the Governor may not receive
any salary or other compensation from the United States by reason
of such service.
22 u s e 290O-2.

SEC. 704. APPLICABILITY OF CERTAIN PROVISIONS OF THE BRETTON
WOODS AGREEMENTS ACT.

Section 4 of the Bretton Woods Agreements Act shall apply
to the Bank in the same manner in which such section applies
to the International Bank for Reconstruction and Development and
the International Monetary Fund.
22 u s e 290O-3.

SEC. 705. FEDERAL RESERVE BANKS AS DEPOSITORIES.

Any Federal Reserve Bank which is requested to do so by
the Bank may act as its depository, or as its fiscal agent, and
the Board of Gfovemors of the Federal Reserve System shall exercise
general supervision over the carrying out of these functions.
22 u s e 290O-4.

SEC. 706. SUBSCRIPTION OF STOCK.
(a) SUBSCRIPTION AUTHORITY.—

(1) IN GENERAL.—^The Secretary of the Treasury may subscribe on behalf of the United States to not more than 7,011,270
shares of the capital stock of the Bank.
(2) EFFECTIVENESS

OF SUBSCRIPTION

COMMITMENT.^Any

commitment to make such subscription shall be effective only
to such extent or in such amounts as are provided for in
advance by appropriations Acts.
(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—For

payment by the Secretary of the Treasury of the subscription of
the United States for shares described in subsection (a), there
are authorized to be appropriated $1,050,007,800 without fiscal
year limitation.
(c) LIMITATIONS ON OBLIGATION OF APPROPRIATED
FOR S H A R E S O F C A P I T A L S T O C K . —
(1) P A I D - I N CAPITAL S T O C K . —

AMOUNTS

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-180

(A) I N GENERAL.—Not more than $105,000,000 of the
amounts appropriated pursuant to subsection (b) may be
obligated for subscription to shares of paid-in capital stock.
(B) FISCAL YEAR 1997.—Not more than $52,500,000 of
the amounts appropriated pursuant to subsection (b) for
fiscal year 1997 may be obligated for subscription to shares
of paid-in capital stock.
(2) CALLABLE CAPITAL STOCK.—Not more than $787,505,852
of the amounts appropriated pursuant to subsection (b) may
be obligated for subscription to shares of callable capital stock.
(d) DISPOSITION OF N E T INCOME DISTRIBUTIONS BY THE BANK.—

Any payment made to the United States by the Bank as a distribution of net income shall be covered into the Treasury as a miscellaneous receipt.
SEC. 707. JURISDICTION AND VENUE OF CIVIL ACTIONS BY OR
AGAINST THE BANK.

22USC290o-5.

(a) JURISDICTION.—^The United States district courts shall have
original and exclusive jurisdiction of any civil action brought in
the United States by or against the Bank.
(b) VENUE.—^For purposes of section 1391(b) of title 28, United
States Code, the Bank shall be deemed to be a resident of the
judicial district in which the principal office of the Bank in the
United States, or its agent appointed for the purpose of accepting
service or notice of service, is located.
SEC. 708. E F F E C T I V E N E S S OF AGREEMENT.

22 USC 290o-6.

The Agreement shall have full force and effect in the United
States, its territories and possessions, and the Commonwealth of
Puerto Rico, upon acceptance of membership by the United States
in the Bank and the entry into force of the A^eement.
SEC. 709. EXEMPTION FROM SECURITIES LAWS FOR CERTAIN SECUMTIES ISSUED BY THE BANK; REPORTS REQUIRED.
(a) EXEMPTION FROM SECURITIES LAWS; REPORTS TO SECURITIES

AND EXCHANGE COMMISSION.—Any securities issued by the Bank
(including any guaranty by the Bank, whether or not limited in
scope) in connection with borrowing of funds, or the guarantee
of securities as to both principal and interest, shsdl be deemed
to be exempted securities within the meaning of section 3(a)(2)
of the Securities Act of 1933 and section 3(a)(12) of the Securities
Exchange Act of 1934. The Bank shall file with the Securities
and Exchange Commission such annual and other reports with
regard to such securities as the Commission shall determine to
be appropriate in view of the specisd character of the Bank and
its operations and necessary in the public interest or for the protection of investors.
(b) AUTHORITY OF SECURITIES AND EXCHANGE COMMISSION TO
SUSPEND EXEMPTION; REPORTS TO THE CONGRESS.—^The Securities

and Exchange Commission, acting in consultation with such agency
or officer as the President shall designate, may suspend the provisions of subsection (a) at any time as to any or all securities
issued or guaranteed by the Bank during the period of such suspension. The Commission shall include in its annual reports to the
Congress such information as it shall deem advisable with regard
to the operations and effect of this section.

22 USC 290o-7.

110 STAT. 3 0 0 9 - 1 8 1

PUBLIC LAW 104-208—SEPT. 30, 1996

SEC. 710. TECHNICAL AMENDMENTS.
(a) ANNUAL REPORT REQUIRED ON PARTICIPATION OF THE
UNITED STATES IN THE BANK.—Section 1701(c)(2) of the Inter-

national Financial Institutions Act (22 U.S.C. 262r(c)(2)) is amended
by inserting "Bank for Economic Cooperation and Development
in the Middle East and North Africa," after "Inter-American Development Bank".
(b) EXEMPTION FROM LIMITATIONS AND RESTRICTIONS ON POWER
OF NATIONAL, BANKING ASSOCIATIONS T O DEAL IN AND UNDERWRITE

INVESTMENT SECURITIES OF THE BANK.—^The seventh sentence of

paragraph 7 of section 5136 of the Revised Statutes of the United
States (12 U.S.C. 24) is amended by inserting "Bank for Economic
Cooperation and Development in the Middle East and North Africa,"
.after "the Inter-American Development Bank".
(c) BENEFITS FOR UNITED STATES CITIZEN-REPRESENTATIVES TO

THE BANK.—Section 51 of Public Law 91-599 (22 U.S.C. 276c2) is amended by inserting "the Bank for Economic Cooperation
and Development in the Middle East and North Africa," after "the
Inter-American Development Bank,".
(d) For programs, projects or activities in the Department of
the Interior and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into
law as the regular appropriations Act:
Department of
the Interior and
Related Agencies
Appropriations
Act, 1997.

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

TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT O F LANDS AND RESOURCES

For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of
easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general
administration of the Bureau, and assessment of mineral potential
of public lands pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$572,164,000, to remain available until expended, of which
$2,010,000 shall be available for assessment of the mineral potential
of public lands in Alaska pursuant to section 1010 of Public Law
96-487 (16 U.S.C. 3150); and of which $3,000,000 shall be derived
from the special receipt account established by the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 4601-6a(i)); and
of which $1,000,000 shall be available in fiscal year 1997 subject
to a match by at least an equal amount by the National Fish
and Wildlife Foundation, to such Foundation for challenge cost
share projects supporting fish and wildlife conservation affecting
Bureau lands; in addition, $27,300,000 for Mining Law Administration program operations, to remain available until expended, to
be reduced by amounts collected by the Bureau and credited to
this appropriation from annual mining claim fees so as to result

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-182

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

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

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

110 STAT. 3009-183

PUBLIC LAW 104-208—SEPT. 30, 1996
CONSTRUCTION

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

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

For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579 including administrative expenses
and acquisition of lands or waters, or interests therein, $10,410,000,
to be derived from the Land and Water Conservation Fund, to
remain available until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on
the revested Oregon and California Railroad grant lands, on other
Federal lands in the Oregon and California land-grant counties
of Oregon, and on adjacent rights-of-way; and acquisition of lands
or interests therein including existing connecting roads on or adjacent to such grant lands; $100,515,000, to remain available until
expended: Provided, That 25 per centum of the aggregate of all
receipts during the current fiscal year from the revested Oregon
and California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28,
1937 (50 Stat. 876).
RANGE IMPROVEMENTS

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-184

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

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

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

110 STAT. 3009-185

PUBLIC LAW 104-208—SEPT. 30, 1996
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT

16 use 742b
note.

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

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

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

16 use 668dd
note.

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-4-11),
including administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory authority
applicable to the United States Fish and Wildlife Service,
$44,479,000, of which $3,000,000 is authorized to be appropriated
and shall be used to establish the Clarks River National Wildlife

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-186

Refuge in Kentucky, to be derived from the Land and Water Conservation Fund, to remain available until expended.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

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

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

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

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

For deposit to the Rhinoceros and Tiger Conservation Fund,
$400,000, to remain available until expended, to carry out the
Rhinoceros and Tiger Conservation Act of 1994 (Public Law 103391).
WILDLIFE CONSERVATION AND APPRECIATION FUND

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

Appropriations and funds available to the United States Fish
and Wildlife Service shall be available for purchase of not to exceed
83 passenger motor vehicles of which 73 are for replacement only
(including 43 for police-t3T)e use); not to exceed $400,000 for payment, at the discretion of the Secretary, for information, rewards,
or evidence concerning violations of laws administered by the Service, and miscellaneous and emergency expenses of enforcement
activities, authorized or approved by the Secretary and to be
accounted for solely on his certificate; repair of damage to public
roads within and adjacent to reservation areas caused by operations
of the Service; options for the purchase of land at not to exceed
$1 for each option; facilities incident to such public recreational
uses on conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the Service and

110 STAT. 3009-187

PUBLIC LAW 104-208—SEPT. 30, 1996

to which the United States has title, and which are utihzed pursuant to law in connection with management and investigation of
fish and wildlife resources: Provided, That notwithstanding 44
U.S.C. 501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly-produced publications for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines
the cooperator is capable of meeting accepted quality standards:
Provided further. That the Service may accept donated aircraft
as replacements for existing aircr£ift: Provided further. That notwithstanding any other provision of law, the Secretary of the
Interior may not spend any of the funds appropriated in this Act
for the purchase of lands or interests in lands to be used in the
establishment of any new unit of the National Wildlife Refuge
System unless the purchase is approved in advance by the House
and Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in House Report 103-551:
Provided further. That section 101(c) of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 is amended in section
315(c)(1)(E) (110 Stat. 1321-201; 16 U.S.C. 4601-6a note) by striking
"distributed in accordance with section 201(c) of the Emergency
Wetlands Resources Act" and inserting "available to the Secretary
of the Interior until expended to be used in accordance with clauses
(i), (ii), and (iii) of section 201(c)(A) of the Emergency Wetlands
Resources Act of 1986 (16 U.S.C. 3911(c)(A))".
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-188

HISTORIC PRESERVATION FUND

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

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

The contract authority provided for fiscal year 1997 by 16 16 USC 460/-l0a
U.S.C. 4601-10a is rescinded.
note.
LAND ACQUISITION AND STATE ASSISTANCE

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-4-11),
including administrative expenses, and for acquisition of lands or
waters, or interest therein, in accordance with statutory authority
applicable to the National Park Service, $53,915,000, to be derived
from the Land and Water Conservation Fund, to remain available
until expended, of which $1,500,000 is to administer the State
assistance program: Provided, That any funds made available for
the purpose of acquisition of the Elwha and Glines dams shall
be used solely for acquisition, and shall not be expended until
the full purchase amount has been appropriated by the Congress:
Provided further. That of the funds provided herein, $9,000,000
is available for acquisition of the Sterling Forest, subject to
authorization.
ADMINISTRATIVE PROVISIONS

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

110 STAT. 3009-189

16 use ig.

PUBLIC LAW 104-208—SEPT. 30, 1996

southern end of Ellis Island until such agreement has been submitted to the Congress and shall not be implemented prior to the
expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment
of more than three calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the President
of the Senate of a full and comprehensive report on the development
. of the southern end of Ellis Island, including the facts and circumstances relied upon in support of the proposed project.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the United
Nations Biodiversity Convention.
The National Park Service may in fiscal year 1997 and thereafter enter into cooperative agreements that involve the transfer
of National Park Service appropriated funds to State, local and
tribal governments, other public entities, educational institutions,
and private nonprofit organizations for the public purpose of carrying out National Park Service programs pursuant to 31 U.S.C.
6305 to carry out public purposes of National Park Service programs.
Notwithstanding any other provision of law, remaining balances, including interest, from funds granted to the National Park
Foundation pursuant to the National Park System Visitor Facilities
Fund Act of 1983 (Public Law 97-433, 96 Stat. 2277) shall be
available to the National Park Foundation for expenditure in units
of the National Park System for the purpose of improving visitor
facilities.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH

43 use 3lj.

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-190

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

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

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

29-194 O - 96 - 12 : QL 3 Part 4

110 STAT. 3009-191

PUBLIC LAW 104-208—SEPT. 30, 1996
OIL SPILL RESEARCH

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

30 use 1211
iiote.

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-192

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

For operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts, and grants including
expenses necessary to provide education and welfare services for
Indians, either directly or in cooperation with States and other
organizations, including payment of care, tuition, assistance, and
other expenses of Indians in boarding homes, or institutions, or
schools; grants and other assistance to needy Indians; maintenance
of law and order; management, development, improvement, and
protection of resources and appurtenant facilities under the jurisdiction of the Bureau, including payment of irrigation assessments
and charges; acquisition of water rights; advances for Indian industrial and business enterprises; operation of Indian arts and crafts
shops and museums; development of Indian arts and crafts, as
authorized by law; for the general administration of the Bureau,
including such expenses in field offices; maintaining of Indian reservation roads as defined in 23 U.S.C. 101; and construction, repair,
and improvement of Indian housing, $1,436,902,000, of which not
to exceed $86,520,000 shall be for welfare assistance payments
and not to exceed $90,829,000 shall be for pa5anents to tribes
and tribal organizations for contract support costs associated with
ongoing contracts or grants or compacts entered into with the
Bureau prior to fiscal year 1997, as authorized by the Indian
Self-Determination Act of 1975, as amended, and up to $5,000,000
shall be for the Indian Self-Determination Fund, which shall be
available for the transitional cost of initial or expanded tribal contracts, grants, compacts, or cooperative agreements with the Bureau
under such Act; and of which not to exceed $365,124,000 for school
operations costs of Bureau-funded schools and other education programs shall become available on July 1, 1997, and shall remain
available until September 30, 1998; and of which not to exceed
$53,805,000 for higher education scholarships, adult vocational
training, and assistance to public schools under 25 U.S.C. 452
et seq., shall remain available until September 30, 1998; and of

110 STAT. 3 0 0 9 - 1 9 3

25 use 2012
note.

P U B L I C LAW 104-208—SEPT. 30, 1996

which not to exceed $54,973,000 shall remain available until
expended for housing improvement, road maintenance, attorney
fees, litigation support, self-governance grants, the Indian SelfDetermination Fund, and the Navajo-Hopi Settlement Program:
Provided, That tribes and tribal contractors may use their tribal
priority allocations for unmet indirect costs of ongoing contracts,
grants
or
compact
agreements
and
for
unmet
welfare assistance costs: Provided further, That funds made available to tribes and tribal organizations through contracts or grants
obligated during fiscal year 1997, as authorized by the Indian
Self-Determination Act of 1975, or grants authorized by the Indian
Education Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall
remain available until expended by the contractor or grantee: Provided further. That to provide funding uniformity within a SelfGrovernance Compact, any funds provided in this Act with availability for more than one year may be reprogrammed to one year
availability but shall remain available within the Compact until
expended: Provided further. That notwithstanding any other provision of law, Indian tribal governments may, by appropriate changes
in eligibility criteria or by other means, change eligibility for general
assistance or change the amount of general assistance payments
for individuals within the service area of such tribe who are otherwise deemed eligible for general assistance payments so long as
such changes are applied in a consistent manner to individuals
similarly situated: Provided further, That any savings realized by
such changes shall be available for use in meeting other priorities
of the tribes: Provided further. That any net increase in costs
to the Federal Government which result solely from tribally
increased pa)mient levels for general assistance shall be met exclusively from funds available to the tribe from within its tribal priority
allocation: Provided further, That any forestry funds allocated to
a tribe which remain unobligated as of September 30, 1997, may
be transferred during fiscal year 1998 to an Indian forest land
assistance account established for the benefit of such tribe within
the tribe's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on September
30, 1998: Provided further. That notwithstanding any other provision of law, no funds available to the Bureau, other than the
amounts provided herein for assistance to public schools under
25 U.S.C. 452 et seq., shall be available to support the operation
of any elementary or secondary school in the State of Alaska in
fiscal year 1997: Provided further, That funds made available in
this or any other Act for expenditure through September 30, 1998
for schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1995:
Provided further. That no funds available to the Bureau shall
be used to support expanded grades for any school or dormitory
beyond the grade structure in place or approved by the Secretary
of the Interior at each school in the Bureau school system as
of October 1, 1995: Provided further. That in fiscal year 1997
and thereafter, notwithstanding the provisions of 25 U.S.C.
2012(h)(1) (A) and (B), upon the recommendation of either (i) a
local school board and school supervisor for an education position
in a Bureau of Indian Affairs operated school, or (ii) an Agency
school board and education line officer for an Agency education
position, the Secretary shall establish adjustments to the rates
of basic compensation or annual salary rates established under

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3 0 0 9 - 1 9 4

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

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

110 STAT. 3009-195

PUBLIC LAW 104-208—SEPT. 30, 1996

between the Secretary and any grantee concerning a grant shall
be subject to the disputes provision in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS

For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $69,241,000, to remain
available until expended; of which $68,400,000 shall be available
for implementation of enacted Indian land and water claim settlements pursuant to PubUc Laws 101-618, 102-374, 102-575, and
for implementation of other enacted water rights settlements,
including not to exceed $8,000,000, which shall be for the Federal
share of the Catawba Indian Tribe of South Carolina Claims Settlement, as authorized by section 5(a) of Public Law 103-116; and
of which $841,000 shall be available pursuant to Public Laws 9 8 500, 99-264, and 100-580.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans, $4,500,000, as authorized
by the Indian Financing Act of 1974, as amended: Provided, That
such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further. That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to exceed
$34,615,000.
In addition, for administrative expenses to carry out the
guaranteed loan programs, $500,000.
ADMINISTRATIVE PROVISIONS

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-196

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

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

110 STAT. 3009-197

PUBLIC LAW 104-208—SEPT. 30, 1996
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES

For necessary expenses for management of the Department
of the Interior, $58,286,00,1 of which not to exceed $7,500 may
be for official reception and representation expenses, and of which
up to $2,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with
the orderly closure of the United States Bureau of Mines
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES

For necessary
$35,443,000.

expenses

of the

Office

of the

Solicitor,

OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES

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

For necessary expenses of the National Indian Gaming Commission, pursuant to Public Law 100-497, $1,000,000.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS

For operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants,
$32,126,000, to remain available until expended for trust funds
management: Provided, That funds made available to tribes and
tribal organizations through contracts or grants obligated during
fiscal year 1997, as authorized by the Indian Self-Determination
Act of 1975 (25 U.S.C. 450 et seq.), shall remain available until
expended by the contractor or grantee: Provided further, That notwithstanding any other provision of law, the statute of limitations
shall not commence to run on any claim, including any claim
in litigation pending on the date of this Act, concerning losses
to or mismanagement of trust funds, until the affected tribe or
individual Indian has been furnished with an accounting of such
funds from which the beneficiary can determine whether there
' Remainder of figure missing, complete figure probably should read "$58,286,000"

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-198

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

There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of which
shall be for replacement and which may be obtained by donation,
purchase or through available excess surplus property: Provided,
That notwithstanding any other provision of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft: Provided further. That no programs funded with appropriated funds
in "Departmental Management", "Office of the Solicitor", and "QjHice
of Inspector General" may be augmented through the Working
Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
SEC. 101. Appropriations made in this title shall be available
for expenditure or transfer (within each bureau or office), with
the approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have
been exhausted: Provided further. That all funds used pursuant
to this section are hereby designated by Congress to be "emergency
requirements" pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985, and must be
replenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in addition
to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of forest
or range fires on or threatening lands under the jurisdiction of
the Department of the Interior; for the emergency rehabilitation
of burned-over lands under its jurisdiction; for emergency actions
related to potential or actual earthquakes, floods, volcanoes, storms,

110 STAT. 3009-199

PUBLIC LAW 104-208—SEPT. 30, 1996

or other unavoidable causes; for contingency planning subsequent
to actual oilspills; response and natural resource damage assessment activities related to actual oilspills; for the prevention, suppression, and control of actual or potential grasshopper and Mormon
cricket outbreaks on lands under the jurisdiction of the Secretary,
pursuant to the authority in section 1773(b) of Public Law 9 9 198 (99 Stat. 1658); for emergency reclamation projects under section 410 of Public Law 95-87; and shall transfer, from any no
year funds available to the Office of Surface Mining Reclamation
and Enforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State
is not carrying out the regulatory provisions of the Surface Mining
Act: Provided, That appropriations made in this title for fire suppression purposes shall be available for the pa)mient of obligations
incurred during the preceding fiscal year, and for reimbursement
to other Federal agencies for destruction of vehicles, aircraft, or
other equipment in connection with their use for fire suppression
purposes, such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further,
That for emergency rehabilitation and wildfire suppression activities, no funds shall be made available under this authority until
funds appropriated to "Wildland Fire Management" shall have been
exhausted: Provided further. That all funds used pursuant to this
section are hereby designated by Congress to be "emergency requirements" pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished
by a supplemental appropriation which must be requested as
promptly as possible: Provided further. That such replenishment
funds shall be used to reimburse, on a pro rata basis, accounts
from which emergency funds were transferred.
SEC. 103. Appropriations made in this title shall be available
for operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized
by sections 1535 and 1536 of title 31, United States Code: Provided,
That reimbursements for costs and supplies, materials, equipment,
and for services rendered may be credited to the appropriation
current at the time such reimbursements are received.
SEC. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount
not to exceed $500,000; hire, maintenance, and operation of aircraft;
hire of passenger motor vehicles; purchase of reprints; payment
for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library membership
in societies or associations which issue publications to members
only or at a price to members lower than to subscribers who
are not members.
SEC. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-5902
and D.C. Code 4-204).
SEC. 106. Appropriations made in this title shall be available
for obligation in connection with contracts issued for services or

PUBLIC LAW 104-20&—SEPT. 30, 1996

110 STAT. 3009-200

rentals for periods not in excess of twelve months beginning at
£iny time during the fiscal year.
SEC. 107. Prior to the transfer of Presidio properties to the
Presidio Trust, when authorized, the Secretary may not obligate
in any calendsir month more than Vvi of the fiscal year 1997
appropriation for operation of the Presidio: Provided, That prior
to the transfer of any Presidio property to the Presidio Trust,
the Secretary shgdl transfer such funds as the Trust deems necessary to initiate leasing and other authorized activities of the
Trust: Provided further, ITiat this section shall expire on December
31, 1996.
SEC. 108. No final rule or regulation of any agency of the
Federal Grovemment pertaining to the recognition, management,
or validity of a right-of-way pursuant to Revised Statute 2477
(43 U.S.C. 932) shall take effect unless expressly authorized by
an Act of Congress subsequent to the date of enactment of this
Act.
SEC. 109. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore leasing
and related activities placed under restriction in the President's
moratorium statement of June 26, 1990, in the areas of Northern,
Central, and Southern California; the North Atlantic; Washington
and Oregon; and the Eastern Gulf of Mexico south of 26 degrees
north latitude and east of 86 degrees west longitude.
SEC. 110. No funds provided in this title may be expended
by the Department of the Interior for the conduct of leasing, or
the approval or permitting of any drilling or other exploration
activity, on leinds within the North Aleutism Basin planning area.
SEC. 111. No funds provided in this title may be expended
by the Department of the Interior for the conduct of preleasing
and leasing activities in the Eastern Gulf of Mexico for Outer
Continental Shelf Lease Sale 151 in the Outer Continental Shelf
Natural Gas and Oil Resource Management Comprehensive Program, 1992-1997.
SEC. 112. No funds provided in this title may be expended
by the Department of the Interior for the conduct of preleasing
and leasing activities in the Atlsintic for Outer Continental Shelf
Lease Sale 164 in the Outer Continental Shelf Natural Gas and
Oil Resource Management Comprehensive Program, 1992-1997.
SEC. 113. There is hereby established in the Treasury a fran- 31USC 501 note,
chise fund pilot, as authorized by section 403 of Public Law 103356, to be available as provided in such section for costs of capitalizing and operating administrative services as the Secretary determines may be performed more advantageously as central services:
Provided, That any inventories, equipment, and other assets
pertaining to the services to be provided by such fund, either
on hand or on order, less the related liabilities or unpaid obligations,
and any appropriations made prior to the current year for the
purpose of providing capital shall be used to capitalize such fund:
Provided further. That such fund shall be paid in advEince from
funds available to the Department and other Federsd agencies for
which such centralized services are performed, at rates which will
return in full all expenses of operation, including accrued leave,
depreciation of fund plant Eind equipment, amortization of automatic
data processing (ADP) software and systems (either acquired or
donated) and an amount necessary to maintain a reasonable operating reserve, as determined by the Secretary: Provided further. That

110 STAT. 3 0 0 9 - 2 0 1

PUBLIC LAW 104-208—SEPT. 30, 1996

such fund shall provide services on a competitive basis: Provided
further. That an amount not to exceed four percent of the total
annual income to such fund may be retained in the fund for fiscal
year 1997 and each fiscal year thereafter, to remain available
until expended, to be used for the acquisition of capital equipment,
and for the improvement and implementation of Department financial management, ADP, and other support systems: Provided further. That no later than thirty days after the end of each fiscal
year amounts in excess of this reserve limitation shall be transferred
to the Treasury: Provided further. That such franchise fund pilot
shall terminate pursuant to section 403(f) of Public Law 103-356.
SEC. 114. Public Law 102-495 is amended by adding the following new section:
"SEC. 10. WASHINGTON STATE REMOVAL OPTION.

"(a) Upon appropriation of $29,500,000 for the Federal government to acquire the projects in the State of Washington pursuant
to this Act, the State of Washington may, upon the submission
to Congress of a binding agreement to remove the projects within
a reasonable period of time, purchase the projects from the Federal
government for $2. Such a binding agreement shall provide for
the full restoration of the Elwha River ecosystem and native anadromous fisheries, for protection of the existing quality and availability of water from the Elwha River for municipal and industrial
uses from possible adverse impacts of dam removal, and for fulfillment by the State of each of the other obligations of the Secretary
under this Act.
"(b) Upon receipt of the payment pursuant to subsection (a),
the Federal government shall relinquish ownership and title of
the projects to the State of Washington.
"(c) Upon the purchase of the projects by the State of Washington, section 3(a), (c), and (d), and Sections 4, 7, and 9 of this
Act are hereby repealed, and the remaining sections renumbered
accordingly.".
SEC. 115. Section 7 of Public Law 99-647 (16 U.S.C. 461 note)
is amended to read as follows:
"SEC. 7. TERMINATION OF COMMISSION.

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-202

SEC. 118. In fiscal year 1997 and thereafter, the Indian Arts 25USC305a-l.
and Crafts Board may charge admission fees at its museums; charge
rent and/or franchise fees for shops located in its museums; publish
and sell publications; sell or rent or license use of photographs
or other images in hard copy or other forms; license the use of
designs, in whole or in part, by others; charge for consulting services
provided to others; and may accept the services of volunteers to
carry out its mission: Provided, That all revenue derived from
such activities is covered into the special fund established by section
4 of Public Law 74-355 (25 U.S.C. 305c).
SEC. 119. TRANSFER OF CERTAIN BUREAU OF LAND MANAGEMENT FACILITIES.—
(a) BATTLE MOUNTAIN, NEVADA.—Not later than 30 days

after the date of enactment of this Act, the Secretary of the
Interior, acting through the Director of the Bureau of Land
Management, shall transfer to Lander County, Nevada, without
consideration, title to the former Bureau of Land Management
administrative site and associated buildings in Battle Mountain, Nevada.
(b) W I N N E M U C C A , NEVADA.—

(1) TRANSFER.—^Not later than 30 days after the date
of enactment of this Act, the Secretary of the Interior,
acting through the Director of the Bureau of Land Management, shall transfer to the State of Nevada, without consideration, title to the surplus Bureau of Land Management
District Office building in Winnemucca, Nevada.
(2) USE.—^The transfer under paragraph (1) is made
with the intent that the building shall be available to
meet the needs of the Department of Conservation and
Natural Resources of the State of Nevada.
S E C 120. ALASKA AVIATION HERITAGE.—

(a) FINDINGS.—The Congress finds that—
(1) the Department of the Interior's Grumman Goose
G21-A aircraft number N789 is to be retired from several
decades of active service in the State of Alaska in 1996;
and
(2) the aircraft is of significant historic value to the
people of the State of Alaska.
(b) DONATION OF AIRCRAFT.—The Secretary of the Interior

shall transfer the Grumman Goose G21-A aircraft number
N789 to the Alaska Aviation Heritage Museum in Anchorage,
Alaska, at no cost to the museum, for permanent display.
SEC. 121. The Mesquite Lands Act of 1988 is amended by
adding the following at the end of section 3:
"(d) FOURTH AREA.—(1) No later than ten years after the date
of enactment of this Act, the City of Mesquite shall notify the
Secretary as to which if any of the public lands identified in paragraph (2) of this subsection the city wishes to purchase.
"(2) For a period of twelve years after the date of enactment
of this Act, the city shall have exclusive right to purchase the
following parcels of public lands:
"Parcel A—East V2 Sec. 6, T. 13 S., R. 71 E., Mount
Diablo Meridian; Sec. 5, T. 13 S., R. 71 E., Mount Diablo
Meridian; West V2 Sec. 4, T. 13 S., R. 71 E, Mount Diablo
Meridian; East V2, West V2 Sec. 4, T. 13 S., R. 71 E., Mount
Diablo Meridian.

110 STAT. 3009-203

Father AuU Site
Transfer Act of
^^^-

PUBLIC LAW 104-208—SEPT. 30, 1996

"Parcel B—North Vi Sec. 7, T. 13 S., R. 71 E., Mount
Diablo Meridian; South East ^4 Sec. 12, T. 13 S., R. 70 E.,
Mount Diablo Meridian; East Vi, North East VA Sec. 12, T.
13 S., R. 70 E., Mount Diablo Meridian; East Viz, West Va
North East V4 Sec. 12, T. 13 S., R. 70 E., Mount Diablo Meridian.
"Parcel C—West VT. Sec. 6, T. 13 S., R. 71 E., Mount
Diablo Meridian; Sec. 1, T. 13 S., R. 70 E., Mount Diablo
Meridian; West ^2, West Viz, North East VA, Sec. 12, T. 13
S., R. 70 E., Mount Diablo Meridian; North West VA Sec. 13,
S., R. 70 E., Mount Diablo Meridian; West Va Sec. 12, T.
13 S., R. 70 E., Mount Diablo Meridian; East V2, South East
V4, Sec. 11, T. 13 S., R. 70 E., Mount Diablo Meridian; East
V2 North East VA, Sec. 14, T. 13 S., R. 70 E., Mount Diablo
Meridian.
"Parcel D—South Va Sec. 14, T. 13 S., R. 70 E., Mount
Diablo Meridian; South West V4, Sec. 13, T. 13 S., R. 70 E.,
Mount Diablo Meridian; Portion of section 23, North of Interstate 15, T. 13 S., R. 70 E., Mount Diablo Meridian; Portion
of section 24, North of Interstate 15, T. 13 S., R. 70 E., Mount
Diablo Meridigin; Portion of section 26, North of Interstate
15, T. 13 S., R. 70 E., Mount Diablo Meridian."
SEC. 122. Father AuU Site Transfer.
(a) This section may be cited as the "Father AuU Site Transfer
Act of 1996".
(b) FINDINGS.—Congress finds that—
(1) the buildings and grounds developed by Father Roger
AuU located on public domain land near Silver City, New Mexico, are historically significant to the citizens of the community;
(2) vandalism at the site has become increasingly destructive and frequent in recent years;
(3) because of the isolated location and the distance from
other significant resources and agency facilities, the Bureau
of Land Management has been unable to devote sufficient
resources to restore and protect the site from further damage;
and
(4) St. Vincent DePaul Parish in Silver City, New Mexico,
has indicated an interest in, and developed a sound proposal
for the restoration of, the site, such that the site could be
permanently occupied and used by the community.
(c) CONVEYANCE OF PROPERTY.—Subject to valid existing rights,
all right, title and interest of the United States in and to the
land (including improvements on the land), consisting of approximately 43.06 acres, located approximately 10 miles east of Silver
City, New Mexico, sind described as follows: T. 17 S., R. 12 W.,
Section 30: Lot 13, and Section 31: Lot 27 (as generally depicted
on the map dated July 1995) is hereby conveyed by operation
of law to St. Vincent DePaul Parish in Silver City, New Mexico,
without consideration.
(d) RELEASE.—^Upon the conveyance of any land or interest
in land identified in this section of St. Vincent DePaul Parish,
St. Vincent DePaul Parish shall assume any liability for any claim
relating to the land or interest in the land arising after the date
of the conveyance.
(e) MAP.—The map referred to in this section shall be on
file and available for public inspection in—

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-204

(1) the State of New Mexico Office of the Bureau of Land
Management, Santa Fe, New Mexico; and
(2) the Las Cruces District Office of the Bureau of Land
Management, Las Cruces, New Mexico.
SEC. 123. The second proviso under the heading "Bureau of
Mines, Administrative Provisions" of PubHc Law 104-134 is amended by inserting after the word "authorized" the word "hereafter".
SEC. 124. Watershed Restoration and Enhancement Agree- 16USC1011.
ments.
(a) IN GENERAL.—For fiscal year 1997 and each fiscal year
thereafter, appropriations made for the Bureau of Land Management may be used by the Secretary of the Interior for the purpose
of entering into cooperative agreements with willing private landowners for restoration and enhancement of fish, wildlife, and other
biotic resources on public or private land or both that benefit
these resources on public lands within the watershed.
(b) DIRECT AND INDIRECT WATERSHED AGREEMENTS.—The Secretary of the Interior may enter into a watershed restoration and
enhancement agreement—
(1) directly with a willing private landowner; or
(2) indirectly through an agreement with a state, local,
or tribal government or other public entity, educational institution, or private nonprofit organization.
(c) TERMS AND CONDITIONS.—In order for the Secretary to enter
into a watershed restoration and enhancement agreement—
(1) the agreement shall—
(A) include such terms and conditions mutually agreed
to by the Secretary and the landowner;
(B) improve the viability of and otherwise benefit the
fish, wildlife, and other biotic resources on public land
in the watershed;
(C) authorize the provision of technical assistance by
the Secretary in the planning of management activities
that will further the purposes of the agreement;
(D) provide for the sharing of costs of implementing
the agreement among the Federal government, the landowner, and other entities, as mutually agreed on by the
affected interests; and
(E) ensure that any expenditure by the Secretary
pursuant to the agreement is determined by the Secretary
to be in the public interest; and
(2) the Secretary may require such other terms and conditions as are necessary to protect the public investment on
private lands, provided such terms and conditions are mutually
agreed to by the Secretary and the landowner.
SEC. 125. Visitor Center Designation at Channel Islands l6USC4i0ff
National Park.
note.
(a) The visitor center at Channel Islands National Park, California, is hereby designated as the "Robert J. Lagomarsino Visitor
Center".
(b) Any reference in law, regulation, paper, record, map, or
any other document in the United States to the visitor center
referred to in subsection (a) shall be deemed to be a reference
to the "Robert J. Lagomarsino Visitor Center".

110 STAT. 3 0 0 9 - 2 0 5

PUBLIC LAW 104-208—SEPT. 30, 1996
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH

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

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

For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization of the National Forest System, for ecosystem planning, inventory, and monitoring, and for administrative expenses associated
with the management of funds provided under the heads "Forest
and Rangeland Research," "State and Private Forestry," "National
Forest System," "Wildland Fire Management," "Reconstruction and
Construction," and "Land Acquisition," $1,274,781,000 to remain
available until expended, and including 50 per centum of all monies
received during the prior fiscal year as fees collected under the
Land and Water Conservation Fund Act of 1965, as amended,
in accordance with section 4 of the Act (16 U.S.C. 4601-6a(i)):
Provided, That up to $5,000,000 of the funds provided herein for
road maintenance shall be available for the planned obliteration
of roads which are no longer needed.
WILDLAND FIRE MANAGEMENT

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-206

RECONSTRUCTION AND CONSTRUCTION

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

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

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

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

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

110 STAT. 3009-207

PUBLIC LAW 104-208—SEPT. 30, 1996

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH

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

Appropriations to the Forest Service for the current fiscal year
shall be available for: (a) purchase of not to exceed 159 passenger
motor vehicles of which 14 will be used primarily for law enforcement purposes and of which 149 shall be for replacement; acquisition of 10 passenger motor vehicles from excess sources, and hire
of such vehicles; operation and maintenance of aircraft, the purchase
of not to exceed two for replacement only, and acquisition of 20
aircraft from excess sources; notwithstanding other provisions of
law, existing aircraft being replaced may be sold, with proceeds
derived or trade-in value used to offset the purchase price for
the replacement aircraft; (b) services pursuant to 7 U.S.C. 2225,
and not to exceed $100,000 for employment under 5 U.S.C. 3109;
(c) purchase, erection, and alteration of buildings and other public
improvements (7 U.S.C. 2250); (d) acquisition of land, waters, and
interests therein, pursuant to 7 U.S.C. 428a; (e) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C
558a, 558d, 558a note); and (f) for debt collection contracts in
accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to change the boundaries of any region,
to abolish any region, to move or close any regional office for
research. State and private forestry, or National Forest System
administration of the Forest Service, Department of Agriculture,
or to implement any reorganization, "reinvention" or other type
of organizational restructuring of the Forest Service, other than
the relocation of the Regional Office for Region 5 of the Forest
Service from San Francisco to excess military property at Mare
Island, Vallejo, California, without the consent of the House and
Senate Committees on Appropriations.
Any funds available to the Forest Service may be used for
retrofitting Mare Island facilities to accommodate the relocation:
Provided, That funds for the move must come from funds otherwise
available to Region 5: Provided further. That any funds to be
provided for such purposes shall only be available upon approval
of the House and Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service
may be advanced to the Wildland Fire Management appropriation
and may be used for forest firefighting and the emergency
rehabilitation of burned-over lands under its jurisdiction.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Development and the Foreign Agricultural Service in connection with forest
and rangeland research, technical information, and assistance in
foreign countries, and shall be available to support forestry and
related natural resource activities outside the United States and
its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-208

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

110 STAT. 3009-209

PUBLIC LAW 104-208—SEPT. 30, 1996

or any other unavoidable cause without regard to Sundays, Federal
holidays, and the regular workweek.
To the greatest extent possible, and in accordance with the
Final Amendment to the Shawnee National Forest Plan, none of
the funds available in this Act shall be used for preparation of
timber sales using clearcutting or other forms of even aged management in hardwood stands in the Shawnee National Forest, Illinois.
Pursuant to sections 405(b) and 410(b) of Public Law 101593, funds up to $1,000,000 for matching funds shall be available
for the National Forest Foundation on a one-for-one basis to match
private contributions for projects on or benefitting National Forest
System lands or related to Forest Service programs.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$1,000,000 of the funds available to the Forest Service shall be
available for matching funds, as authorized in 16 U.S.C. 37013709, on a one-for-one basis to match private contributions for
projects on or benefitting National Forest System lands or related
to Forest Service programs.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of the
funds appropriated to the Forest Service in the National Forest
System and Construction accounts and planned to be allocated
to activities under the "Jobs in the Woods" program for projects
on National Forest land in the State of Washington may be granted
directly to the Washington State Department of Fish and Wildlife
for accomplishment of planned projects. Twenty percent of said
funds shall be retained by the Forest Service for planning and
administering projects. Project selection and prioritization shall be
accomplished by the Forest Service with such consultation with
the State of Washington as the Forest Service deems appropriate.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge National
Scenic Area, pursuant to sections 14(c)(1) and (2), and section
16(a)(2) of Public Law 99-663.
The Secretary of Agriculture shall by March 31, 1997 report
to the Committees on Appropriations of the House of Representatives and the Senate on the status and disposition of all salvage
timber sales started under the authority of Section 2001 of Public
Law 104-19 and subsequently withdrawn or delayed and completed
under different authorities as a consequence of the July 2, 1996
directive on the implementation of Section 2001 issued by the
Secretary.
The Pacific Northwest Research Station Silviculture Laboratory
in Bend, Oregon is hereby named the "Robert W. Chandler Building".
For purposes of the Southeast Alaska Economic Disaster Fund
as set forth in section 101(c) of Public Law 104-134, the direct
grants provided in subsection (c) shall be considered direct payments
for purposes of all applicable law except that these direct grants
may not be used for lobbying activities.
No employee of the Department of Agriculture may be detailed
or assigned from an agency or office funded by this Act to any
other agency or office of the Department for more than 30 days
unless the individual's employing agency or office is fully

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-210

reimbursed by the receiving agency or office for the salary and
expenses of the employee for the period of assignment.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(RESCISSION)

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

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

Monies received as investment income on the principal amount
in the Great Plains Project Trust at the Norwest Bank of North
Dakota, in such sums as are earned as of October 1, 1996, shall
be deposited in this account and immediately transferred to the
Greneral Fund of the Treasury. Monies received as revenue sharing
from the operation of the Great Plains Gasification Plant shall
be immediately transferred to the General Fund of the Treasury.
Funds are hereby rescinded in the amount of $2,500,000 from
unobligated balances under this head.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For necessary expenses in carrying out naval petroleum and
oil shale reserve activities, $143,786,000, to remain available until
expended: Provided, That the requirements of 10 U.S.C. 10USC7430
7430(b)(2)(B) shall not apply to fiscal year 1997.
note.
ENERGY CONSERVATION

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

110 STAT. 3 0 0 9 - 2 1 1

PUBLIC LAW 104-208—SEPT. 30, 1996

3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided, That
$149,845,000 shall be for use in energy conservation programs
as defined in section 3008(3) of Public Law 99-509 (15 U.S.C.
4507) and shall not be available until excess amounts are determined under the provisions of section 3003(d) of Public Law 9 9 509 (15 U.S.C. 4502): Provided further, That notwithstanding section 3003(d)(2) of Public Law 99-509 such sums shall be allocated
to the eligible programs as follows:$ 120,845,000 for weatherization
assistance grants and $29,000,000 for State energy conservation
grants.
ECONOMIC REGULATION

For necessary expenses in carrying out the activities of the
Office of Hearing and Appeals, $2,725,000, to remain available
until expended.
STRATEGIC PETROLEUM RESERVE
(INCLUDING TRANSFER OF FUNDS)

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

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-212

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

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

110 STAT. 3 0 0 9 - 2 1 3

P U B L I C LAW 104-208—SEPT. 30, 1996

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

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

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

P U B L I C LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-214

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

110 STAT. 3 0 0 9 - 2 1 5

PUBLIC LAW 104-208—SEPT. 30, 1996

associated with the provision of goods, services, or technical assistance: Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance approval
of the House and Senate Committees on Appropriations.
DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
INDIAN E D U C A T I O N

For necessary expenses to carry out, to the extent not otherwise
provided, title IX, part A of the Elementary and Secondary Education Act of 1965, as amended, and section 215 of the Department
of Education Organization Act, $61,000,000.
OTHER RELATED AGENCIES
OFFICE OF NAVAJO AND H O P I INDIAN RELOCATION

SALARIES AND EXPENSES

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

For pa)mient to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of PubUc Law 99-498, as amended (20 U.S.C. 56, part A),
$5,500,000.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-216

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

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

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

For necessary expenses for construction, $10,000,000, to remain
available until expended.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES

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

110 STAT. 3009-217

PUBLIC LAW 104-208—SEPT. 30, 1996

in library, museum, and art associations or societies whose publications or services are available to members only, or to members
at a price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 59015902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art
for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices
and under such terms and conditions as the Gallery may deem
proper, $53,899,000, of which not to exceed $3,026,000 for the
special exhibition program shall remain available until expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

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

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

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

WILSON INTERNATIONAL CENTER FOR SCHOLARS
SALARIES A N D EXPENSES

For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5 U.S.C.
3109, $5,840,000.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS A N D ADMINISTRATION

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-218

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

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

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

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

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

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

110 STAT. 3009-219

PUBLIC LAW 104-208—SEPT. 30, 1996

Foundation on the Arts and the Humanities may be used for official
reception and representation expenses.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES

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

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

PRESERVATION

SALARIES AND EXPENSES

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

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

SALARIES AND EXPENSES

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

For expenses of the Holocaust Memorial Council, as authorized
by Public Law 96-388 (36 U.S.C. 1401), as amended, $30,707,000,
of which $1,575,000 for the Museum's repair and rehabilitation
program and $1,264,000 for the Museum's exhibitions program
shall remain available until expended.
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-220

for public inspection, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to
existing law.
SEC. 302. No part of any appropriation under this Act shall
be available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee National Forest, Illinois: Provided, That nothing herein is
intended to inhibit or otherwise affect the sale, lease, or right
to access to minerals owned by private individuals.
SEC. 303. No part of any appropriation contained in this Act
shall be available for any activity or the publication or distribution
of literature that in any way tends to promote public support
or opposition to any legislative proposal on which congressional
action is not complete.
SEC. 304. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 305. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal
cook, chauffeur, or other personal servants to any officer or
employee of such department or agency except as otherwise provided
by law.
SEC. 306. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act unless
advance notice of such assessments and the basis therefor are
presented to the Committees on Appropriations and are approved
by such Committees.
SEC. 307.

(a) COMPLIANCE WITH BUY AMERICAN ACT.—None

of the funds made available in this Act may be expended by an
entity unless the entity agrees that in expending the funds the
entity will comply with sections 2 through 4 of the Act of March
3, 1933 (41 U.S.C. lOa-lOc; popularly known as the "Buy American
Act").
(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-

UCTS.—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 deter-

mined 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.

110 STAT. 3 0 0 9 - 2 2 1

PUBLIC LAW 104-208—SEPT. 30, 1996

SEC. 308. None of the funds in this Act may be used to plan,
prepare, or qffer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National
Forest System or Bureau of Land Management lands in a manner
different than such sales were conducted in fiscal year 1995.
SEC. 309. None of the funds made available by this Act may
be obligated or expended by the National Park Service to enter
into or implement a concession contract which permits or requires
the removal of the underground lunchroom at the Carlsbad Caverns
National Park.
SEC. 310. Where the actual costs of construction projects under
self-determination contracts, compacts, or grants, pursuant to Public
Laws 93-638, 103-413, or 100-297, are less than the estimated
costs thereof, use of the resulting excess funds shall be determined
by the appropriate Secretary after consultation with the tribes.
SEC. 311. Notwithstanding Public Law 103-413, quarterly payments of funds to tribes and tribal organizations under annual
funding agreements pursuant to section 108 of Public Law 9 3 638, as amended, may be made on the first business day following
the first day of a fiscal quarter.
SEC. 312. None of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps program,
unless the relevant agencies of the Department of the Interior
and/or Agriculture follow appropriate reprogramming guidelines:
Provided, That if no funds are provided for the AmeriCorps program
by the VA-HUD and Independent Agencies fiscal year 1997 appropriations bill, then none of the funds appropriated or otherwise
made available by this Act may be used for the AmeriCorps programs.
SEC. 313. None of the funds made available in this Act may
be used (1) to demolish the bridge between Jersey City, New Jersey,
and Ellis Island; or (2) to prevent pedestrian use of such bridge,
when it is made known to the Federal official having authority
to obligate or expend such funds that such pedestrian use is consistent with generally accepted safety standards.
SEC. 314. (a) None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or expended
to accept or process applications for a patent for any mining or
mill site claim located under the general mining laws.
(b) The provisions of subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned:
(1) a patent application was filed with the Secretary on or before
September 30, 1994, and (2) all requirements established under
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29
and 30) for vein or lode claims and sections 2329, 2330, 2331,
and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for
placer claims, and section 2337 of the Revised Statutes (30 U.S.C.
42) for mill site claims, as the case may be, were fully complied
with by the applicant by that date.
(c) PROCESSING SCHEDULE.—For those applications for patents
pursuant to subsection (b) which were filed with the Secretary
of the Interior, prior to September 30, 1994, the Secretary of the
Interior shall—
(1) Within three months of the enactment of this Act,
file with the House and Senate Committees on Appropriations
and the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-222

of the United States Senate a plan which details how the
Department of the Interior will make a final determination
as to whether or not an applicant is entitled to a patent under
the general mining laws on at least 90 percent of such applications within five years of the enactment of this Act and file
reports annually thereafter with the same committees detailing
actions taken by the Department of the Interior to carry out
such plan; and
(2) Take such actions as may be necessary to carry out
suchplan.
(d) MINERAL EXAMINATIONS.—In order to process patent
applications in a timely and responsible manner, upon the request
of a patent applicant, the Secretary of the Interior shall allow
the applicant to fund a qualified third-party contractor to be selected
by the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the thirdparty contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention
of third-party contractors.
SEC. 315. None of the funds appropriated or otherwise made
available by this Act may be used for the purposes of acquiring
lands in the counties of Gallia, Lawrence, Monroe, or Washington,
Ohio, for the Wayne National Forest.
SEC. 316. Of the funds provided to the National Endowment
for the Arts:
(a) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature
fellowship, National Heritage Fellowship, or American Jazz
Masters Fellowship.
(b) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(c) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the season,
including identified programs and/or projects.
SEC. 317. None of the funds available to the Department of
the Interior or the Department of Agriculture by this or any other
Act may be used to prepare, promulgate, implement, or enforce
any interim or final rule or regulation pursuant to Title VIII of
the Alaska National Interest Lands Conservation Act to assert
jurisdiction, management, or control over any waters (other than
non-navigable waters on Federal lands), non-Federal lands, or lands
selected by, but not conveyed to, the State of Alaska pursuant
to the Submerged Lands Act of 1953 or the Alaska Statehood
Act, or an Alaska Native Corporation pursuant to the Alaska Native
Claims Settlement Act.
SEC. 318. No funds appropriated under this or any other Act
shall be used to review or modify sourcing areas previously approved
under section 490(c)(3) of the Forest Resources Conservation and
Shortage Relief Act of 1990 (Public Law 101-382) or to enforce
or implement Federal regulations 36 CFR part 223 promulgated

29-194 O - 96 - 13 : QL 3 Part 4

110 STAT. 3009-223

16 use 620c
note.

i6USC460/-6a
°ote.

PUBLIC LAW 104-208—SEPT. 30, 1996

on September 8, 1995. The regulations and interim rules in effect
prior to September 8, 1995 (36 CFR 223.48, 36 CFR 223.87, 36
CFR 223 subpart D, 36 CFR 223 subpart F, and 36 CFR 261.6)
shall remain in effect. The Secretary of Agriculture or the Secretary
of the Interior shall not adopt any policies concerning Public Law
101-382 or existing regulations that would restrain domestic
transportation or processing of timber from private lands or impose
additional accountability requirements on any timber. The Secretary
of Commerce shall extend until September 30, 1997, the order
issued under section 491(b)(2)(A) of Public Law 101-382 and shall
issue an order under section 491(b)(2)(B) of such law that will
be effective October 1, 1997.
SEC. 319. Section 101(c) of Public Law 104-134 is amended
as follows: Under the heading "Title III—General Provisions" amend
section 315(b) by striking "50, areas," and inserting in lieu thereof
"100, areas," and amend section 315(f) by striking "September 30,
1998" and inserting in lieu thereof "September 30, 1999" and by
striking "September 30, 2001" and inserting in lieu thereof "September 30, 2002".
SEC. 320. None of the amounts made available by this Act
may be used for design, planning, implementation, engineering,
construction, or any other activity in connection with a scenic shoreline drive in Pictured Rocks National Lakeshore.
SEC.
321.
LAND TRANSFER, BEND
SILVICULTURE LAB,
DESCHUTES NATIONAL FOREST, OREGON.—
(a) TRANSFER OF REAL PROPERTY AND ALL IMPROVEMENTS

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-224

the criteria normally used by the National Park Service. The
exchange shall comply with applicable regulations and National
Park Service policies for land exchanges.
(c)(1) The Secretary shall not acquire any lands under this
section if the Secretary determines that the lands or any portion
thereof have become contaminated with hazardous substances (as
defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 960Z)).
•
(2) Notwithstanding any other provision of law, the United
States shall have no responsibility or liability with respect to any
hazardous wastes or other substances placed on any of the lands
covered by this section after their transfer to the ownership of
any party, but nothing in this section shall be construed as either
diminishing or increasing any responsibility or liability of the
United States based on the condition of such lands on the date
of their transfer to the ownership of another party: Provided, That
the Corrections Corporation of America shall indemnify the United
States for liabilities arising under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 960Z)
and the Resource Conservation Recovery Act (42 U.S.C. 690Z, et
seq.).
(d) The properties so exchanged either shall be approximately
equal in fair market value or if they are not approximately equal,
shall be equalized by the payment of cash to the Corporation
or to the Secretary as required or in the event the value of the
Corporation's lands is greater, the acreage may be reduced so that
the fair market value is approximately equal: Provided, That the
Secretary shall order appraisals made of the fair market value
for improvements thereon: Provided further. That any such cash
pa3nnent received by the Secretary shall be deposited to "Miscellaneous Trust Funds, National Park Service" and shall be available
without further appropriation until expended for the acquisition
of land within the National Park System.
(e) Costs of conducting necessary land surveys, preparing the
legal descriptions of the lands to be conveyed, performing the
appraisals, and administrative costs incurred in completing the
exchange shall be borne by the Corporation.
(f) Following any exchange authorized by this provision, the
boundaries of Oxon Cove Park shall be expanded to include the
land acquired by the United States.
SEC. 324. SECTION 1. LAND EXCHANGE.—

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

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

110 STAT. 3 0 0 9 - 2 2 5

PUBLIC LAW 104-208—SEPT. 30, 1996
(A) The NEy4 of SWy4 of section 27 of township
27 north, range 17 east, Willamette Meridian, Chelan
County, Washington.
(B) The NV2 of SEy4 of SWy4 of such section
27.
(C) The WV2 of NWy4 of SEy4 of such section
27.
(D) The NWy4 of SWy4 of SEy4 of such section
27.
(E) The £^2 of NW^i of the SEy4 of such section
27.
(F) That portion of the 8^2 of SEy4 of SW^i lying
north of the northerly edge of Highway 209 rightof-way of such section 27.
(2) PUBLIC UTILITY DISTRICT LANDS.—The lands owned
by the Public Utility District are 109.15 acres, more or
less, with the following legal description:
(A) SV2 of SWy* of section 35 of township 26
north, range 17 east, Willamette Meridian, Chelan
County, Washington.
(B) The area specified by Public Utility District
No. 1 as Government Lot 5 in such section 35.
(c) REQUIREMENTS FOR EXCHANGE.—
(1) TITLE ACCEPTANCE AND CONVEYANCE.—Upon

offer
by the Public Utility District of all right, title and interest
in and to the lands described in subsection (b)(2), if the
title is found acceptable by the Secretary, the Secretary
shall accept title to such lands and interests therein and
shall convey to the Public Utility District all right, title,
and interest of the United States in and to the lands
described in subsection (b)(1).
(2) APPRAISALS REQUIRED.—Before making an exchange

pursuant to subsection (a), the Secretary shall conduct
appraisals of the lands that are subject to the exchange
to determine the fair market value of the lands. Such
appraisals shall not include the value of the wastewater
treatment facility referred to in paragraph (4)(A).
(3) ADDITIONAL CONSIDERATION.—If, on the basis of
the appraisals made under paragraph (1), the Secretary
determines that the fair market value of the lands to
be conveyed by one party under subsection (a) is less than
the fair market value of the lands to be conveyed by the
other party under subsection (a), then, as a condition of
making the exchange under subsection (a), the party
conveying the lands with the lesser value shall pay the
other party the amount by which the fair market value
of the lands of greater value exceeds the fair market value
of the lands of lesser value.
(4) CONVEYANCE OF WASTEWATER TREATMENT FACIL-

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-226

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

may require such additional terms and conditions in connection
with the exchange under this section as the Secretary determines appropriate to protect the interests of the United States.
SEC. 325. "Snoqualmie National Forest Boundary Adjustment
Act of 1996."
(a) IN GENERAL.—The Secretary of Agriculture is hereby
directed to modify the boundary of the Snoqualmie National
Forest to include and encompass 10,589.47 acres, more or less,
as generally depicted on a map entitled "Snoqualmie National
Forest Proposed 1996 Boundary Modification" dated July, 1996.
Such map, together with a legal description of all lands included
in the boundary adjustment, shall be on file and available
for public inspection in the Office of the Chief of the Forest
Service in Washington, District of Columbia.
(b) RULE FOR LAND AND WATER CONSERVATION FUND.—

For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), the boundary of
the Snoqualmie National Forest, as modified pursuant to subsection (a), shall be considered to be the boundary of that
National Forest as of January 1, 1965.
SEC. 326. Sugarbush Land Exchange Act of 1996.
(a) EXCHANGE OR SALE OF LAND.—

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

land to be exchanged is approximately 57 acres of federally
owned land in the Green Mountain National Forest
depicted on the map entitled "Green Mountain National
Forest, Sugarbush Exchange," dated December 1995.
(3) Lands acquired from Sugarbush Resort Holdings,
Inc.—^Any land conveyed to the United States in an
exchange under subsection (a)(1) shall be subject to such
valid existing rights of record as may be acceptable to
the Secretary, and the title to the parcel shall conform
with the title approval standards applicable to federal land
acquisitions.
(b) ADMINISTRATION OF LAND.—
(1) ADDITION TO GREEN MOUNTAIN NATIONAL FOREST.—

On approval and acceptance of title by the Secretary, the

110 STAT. 3009-227

16 use 1132
note.

PUBLIC LAW 104-208—SEPT. 30, 1996

land acquired by the United States through an exchange
or with proceeds from a sale under subsection (a) shall
become part of the Green Mountain National Forest, and
the boundaries of the National Forest shall be adjusted
to include the land.
(2) ADMINISTRATION.—Land acquired under this Act
shall be administered by the Secretary in accordance with
the laws (including regulations) pertaining to the National
Forest System.
(3) AUTHORITY OF THE SECRETARY.—This section does
not limit the authority of the Secretary to adjust the boundaries of the Green Mountain National Forest pursuant
to section 11 of the Act of March 1, 1911 (36 Stat. 963,
chapter 186; 16 U.S.C. 521) (commonly known as the
"Weeks Law").
(4) For the purposes of section 7 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 46019), the boundaries of the Green Mountain National Forest,
as adjusted under this Act, shall be considered to be the
boundaries of the Green Mountain National Forest as of
January 1, 1965.
SEC. 327. Snowbird Wilderness Study Area.
(a) IN GENERAL.—Section 6(a)(4) of the North Carolina Wilderness Act of 1984 (Pubhc Law 98-324) is amended—
(1) by striking "eight thousand four hundred and ninety
acres" and inserting "8,390 acres"; and
(2) by striking "July 1983" and inserting "July 1996".
(b) MANAGEMENT.—^The Secretary of Agriculture shall manage
the area removed from wilderness study status by the amendments
made by subsection (a) in accordance with the provisions of law
applicable to adjacent areas outside the wilderness study area.
SEC. 328. Renaming of Wilderness Area.
(a) The Columbia Wilderness, created by the Oregon Wilderness
Act of 1984, Public Law 98-328, located in the Mt. Hood National
Forest, Oregon, shall be known and designated as the "Mark O.
Hatfield Wilderness".
(b) Any references in a law, map, regulation, document, paper,
or other record of the United States to the Columbia Wilderness
shall be deemed to be a reference to the "Mark O. Hatfield Wilderness".
SEC. 329. Notwithstanding any other provision of law, for fiscal
year 1997 the Secretaries of Agriculture and Interior are authorized
to limit competition for watershed restoration project contracts as
part of the "Jobs in the Woods" component of the President's Forest
Plan for the Pacific Northwest to individuals and entities in historically timber-dependent areas in the States of Washington, Oregon,
and northern California that have been affected by reduced timber
harvesting on Federal lands.
SEC. 330. Section 9 of the Rhode Island Indian Claims Settlement Act (25 U.S.C. 1708) is amended—
(1) by striking "Sec. 9. Except as"; and inserting the following:
"(a) IN GENERAL.—Except as";

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-228

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

and
(3) by adding at the end the following new subsection:
"(b) TREATMENT OF SETTLEMENT LANDS UNDER THE INDIAN

GAMING REGULATORY ACT.—For purposes of the Indian Gaming

Regulatory Act (25 U.S.C. 2701 et seq.), settlement lands shall
not be treated as Indian lands.".
TITLE IV—EMERGENCY APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
M A N A G E M E N T O F LANDS AND RESOURCES

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

For an additional amount for wildland fire management,
$100,000,000, to remain available until expended, for emergency
rehabilitation and wildfire suppression activities of the Department
of the Interior: Provided, That Congress hereby designates this
amount as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further. That this amount
shall be available only to the extent that an official budget request
for a specific dollar amount, that includes designation of the entire
amount as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
OREGON AND CALIFORNIA GRANT LANDS
For an additional amount for Oregon and California grant
lands, $2,500,000, to remain available until expended, to restore
public lands damaged by fire: Provided, That Congress hereby designates this amount as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further. That this
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of
the entire amount as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Congress.

110 STAT. 3009-229

PUBLIC LAW 104-208—SEPT. 30, 1996
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE M A N A G E M E N T

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

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

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-230

Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH

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

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

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

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

110 STAT. 3 0 0 9 - 2 3 1

PUBLIC LAW 104-208—SEPT. 30, 1996

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

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

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

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

P U B L I C LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-232

Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
J O H N F . KENNEDY CENTER FOR THE PERFORMING ARTS
OPERATIONS AND MAINTENANCE

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

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

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

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

110 STAT. 3009-233

PUBLIC LAW 104-208—SEPT. 30, 1996

shall be available only to the extent that an official budget request
for a specific dollar amount, that includes designation of the entire
amount as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
This Act may be cited as the "Department of the Interior
and Related Agencies Appropriations Act, 1997".
(e) For programs, projects or activities in the Departments
of Labor, Health and Human Services, and Education, £ind Related
Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations
Act:
AN ACT
Departments of
Labor, Health and
Human Services,
Making appropriations for the Departments of Labor, Health and Human Services,
and Education,
and Education, and related agencies for the fiscal year ending September 30,
and Related
1997, and for other purposes.
Agencies
Appropriations
TITLE I—DEPARTMENT OF LABOR
Act, 1997.
Department of
Labor
EMPLOYMENT AND TRAINING ADMINISTRATION
Appropriations
Act, 1997.
TRAINING A N D EMPLOYMENT SERVICES

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-234

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

110 STAT. 3 0 0 9 - 2 3 5

PUBLIC LAW 104-208—SEPT. 30, 1996

designated Ed-Flex Partnership States under section 311(e) of Public Law 103-227, to waive any statutory or regulatory requirement
applicable to service delivery areas or substate areas within the
State under titles I-III of the Job Training Partnership Act (except
for requirements relating to wage and labor standards, grievance
procedures and judicial review, nondiscrimination, allotment of
funds, and eligibility), and any of the statutory or regulatory requirements of sections 8-10 of the Wagner-Peyser Act (except for
requirements relating to the provision of services to unemployment
insurance claimants and veterans, and to universal access to basic
labor exchange services without cost to job seekers), for a duration
not to exceed the waiver period authorized under section 311(e)
of Public Law 103-227, pursuant to a plan submitted by such
States and approved by the Secretary for the provision of workforce
emplo3mient and training activities in the States, which includes
a description of the process by which service delivery areas and
substate areas may apply for and have waivers approved by the
State, the requirements of the Wagner-Peyser Act to be waived,
the outcomes to be achieved and other measures to be taken to
ensure appropriate accountability for federal funds.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
(TRANSFER OF FUNDS)

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

For payments during the current fiscal year of trade adjustment
benefit pa3mients and allowances under part I, and for training,
for allowances for job search and relocation, and for related State
administrative expenses under part II, subchapters B and D, chapter 2, title II of the Trade Act of 1974, as amended, $324,500,000,
together with such amounts as may be necessary to be charged
to the subsequent appropriation for payments for any period subsequent to September 15 of the current year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
OPERATIONS

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-236

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

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

110 STAT. 3009-237

PUBLIC LAW 104-208—SEPT. 30, 1996

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

For expenses of administering employment and training prorams and for carrying out section 908 of the Social Security Act,
81,393,000, together with not to exceed $39,977,000, which may
be expended from the Employment Security Administration account
in the Unemplo3mnent Trust Fund.

f

PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES

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

PENSION BENEFIT GUARANTY CORPORATION FUND

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

SALARIES AND EXPENSES

For necessary expenses for the Emplo3nnent Standards Administration, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered,
$290,422,000, together with $983,000 which may be expended from
the Special Fund in accordance with sections 39(c) and 44(j) of
the Longshore and Harbor Workers' Compensation Act: Provided,
That the Secretary of Labor is authorized to accept, retain, and
spend, until expended, in the name of the Department of Labor,
all sums of money ordered to be paid to the Secretary of Labor,
in accordance with the terms of the Consent Judgment in Civil

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-238

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

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

110 STAT. 3009-239

PUBLIC LAW 104-208—SEPT. 30, 1996
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)

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

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-240

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

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

110 STAT. 3 0 0 9 - 2 4 1

PUBLIC LAW 104-208—SEPT. 30, 1996
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES

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

For necessary expenses for Departmental Management, including the hire of three sedans, and including up to $4,358,000 for
the President's Committee on Employment of People With Disabilities, $144,211,000; together with not to exceed $297,000, which
may be expended from the Employment Security Administration
33 use 921 note, account in the Unemployment Trust Fund: Provided, That no funds
made available by this Act may be used by the Solicitor of Labor
to participate in a review in any United States court of appeals
of any decision made by the Benefits Review Board under section
21 of the Longshore and Harbor Workers' Compensation Act (33
U.S.C. 921) where such participation is precluded by the decision
of the United States Supreme Court in Director, Office of Workers'
Compensation Programs v. Newport News Shipbuilding, 115 S.
Ct. 1278 (1995): Provided further. That no funds made available
by this Act may be used by the Secretary of Labor to review
a decision under the Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 901 et seq.) that has been appealed and that has
been pending before the Benefits Review Board for more than
12 months: Provided further. That any such decision pending a
review by the Benefits Review Board for more than one year shall
be considered affirmed by the Benefits Review Board on that date,
and shall be considered the final order of the Board for purposes
of obtaining a review in the United States courts of appeals: Provided further, That these provisions shall not be applicable to the
review of any decision issued under the Black Lung Benefits Act
(30 U.S.C. 90 l e t seq.).
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING

Not to exceed $181,949,000 may be derived from the Employment Security Administration account in the Unemployment Trust
Fund to carry out the provisions of 38 U.S.C. 410()-4110A and
4321-4327, and Public Law 103-353, and which shall be available
for obligation by the States through December 31, 1997.
OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $42,938,000, together with not to exceed
$3,543,000, which may be expended from the Employment Security
Administration account in the Unemplo3mient Trust Fund.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-242

GENERAL PROVISIONS

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

SEC. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act, as amended) which are appropriated for the current fiscal
year for the Department of Labor in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer: Provided,
That the Appropriations Committees of both Houses of Congress
are notified at least fifteen days in advance of any transfer.
SEC. 103. Funds shall be available for carr5dng out title IVB of the Job Training Partnership Act, notwithstanding section
427(c) of that Act, if a Job Corps center fails to meet national
performance standards established by the Secretary.
SEC. 104. Effective January 1, 1997, no funds appropriated
or otherwise made available to the Department of Labor in this
title shall be disbursed without the approval of the Department's
Chief Financial Officer or his delegatee.
SEC. 105. Notwithstanding any other provision of law, the
Secretary of Labor may waive any of the requirements contained
in sections 4, 104, 105, 107, 108, 121, 164, 204, 253, 254, 264,
301, 311, 313, 314, and 315 of the Job Training Partnership Act
in order to assist States in improving State workforce development
systems, pursuant to a request submitted by a State that has
prior to the date of enactment of this Act executed a Memorandum
of Understanding with the United States requiring such State to
meet agreed upon outcomes.
This title may be cited as the "Department of Labor Appropriations Act, 1997".
TITLE II—DEPARTMENT OF HEALTH AND HUMAN
SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH RESOURCES AND SERVICES

For carrying out titles II, III, VII, VIII, X, XII, XVI, XIX,
and XXVI of the Public Health Service Act, section 427(a) of the
Federal Coal Mine Health and Safety Act, title V of the Social
Security Act, the Health Care Quality Improvement Act of 1986,
as amended, and the Native Hawaiian Health Care Act of 1988,
as amended, $3,405,019,000, of which $297,000 shall remain available until expended for interest subsidies on loan guarantees made
prior to fiscal year 1981 under part B of title VII of the Public
Health Service Act: Provided, That the Division of Federal Occupational Health may utilize personal services contracting to employ
professional management/administrative and occupational health
professionals: Provided further, That of the funds made available
under this heading, $828,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease

Department of
Health and
Human Services
Appropriations
Act, 1997.

110 STAT. 3009-243

PUBLIC LAW 104-208—SEPT. 30, 1996

Center: Provided further. That in addition to fees authorized by
section 427(b) of the Health Care QuaHty Improvement Act of
1986, fees shall be collected for the full disclosure of information
under the Act sufficient to recover the full costs of operating the
National Practitioner Data Bank, and shall remain available until
expended to carry out that Act: Provided further. That no more
than $5,000,000 is available for carrying out the provisions of
Public Law 104-73: Provided further. That of the funds made available under this heading, $198,452,000 shall be for the program
under title X of the Public Health Service Act to provide for voluntary family planning projects: Provided further. That amounts
provided to said projects under such title shall not be expended
for abortions, that all pregnancy counseling shall be nondirective,
and that such amounts shall not be expended for any activity
(including the publication or distribution of literature) that in any
way tends to promote public support or opposition to any legislative
proposal or candidate for public office: Provided further. That
$167,000,000 shall be for State AIDS Drug Assistance Programs
authorized by section 2616 of the Public Health Service Act and
shall be distributed to States as authorized by section 2618(b)(2)
of such Act: Provided further. That notwithstanding any other provision of law, funds made available under this heading may be
used to continue operating the Council on Graduate Medical Education established by section 301 of Public Law 102-408: Provided
further. That, of the funds made available under this heading,
not more than $8,000,000 shall be made available and shall remain
available until expended for loan guarantees for loans made by
non-Federal lenders for the construction, renovation, and modernization of medical facilities that are owned and operated by
health centers funded under part A of title XVI of the Public
Health Service Act as amended, and, subject to authorization, for
loans made to health centers for the costs of developing and operating managed care networks or plans, and that such funds be available to subsidize guarantees of total loan principal in an amount
not to exceed $80,000,000: Provided further, That notwithstanding
section 502(a)(1) of the Social Security Act, not to exceed
$103,609,000 is available for carrying out special projects of regional
and national significance pursuant to section 501(a)(2) of such Act.
MEDICAL FACILITIES GUARANTEE AND LOAN FUND
FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

For carr3dng out subsections (d) and (e) of section 1602 of
the Public Health Service Act, $7,000,000, together with any
amounts received by the Secretary in connection with loans and
loan guarantees under title VI of the Public Health Service Act,
to be available without fiscal year limitation for the pa5mient of
interest subsidies. During the fiscal year, no commitments for direct
loans or loan guarantees shall be made.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

For the cost of guaranteed loans, such sums as may be necessary to carry out the purpose of the program, as authorized
by title VII of the Public Health Service Act, as amended: Provided,
That such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of

PUBLIC LAW 104-208—SEPT. 30, 1996
1974: Provided further. That these funds are available to
gross obligations for the total loan principal any part
is to be guaranteed at not to exceed $140,000,000. In
for administrative expenses to carry out the guaranteed
gram, $2,688,000.

110 STAT. 3009-244
subsidize
of which
addition,
loan pro-

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

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

For pa5anent of claims resolved by the United States Court
of Federal Claims related to the administration of vaccines before
October 1, 1988, $110,000,000, to remain available until expended.
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING

To carry out titles II, III, VII, XI, XV, XVII, and XIX of the
Public Health Service Act, sections 101, 102, 103, 201, 202, 203,
301, and 501 of the Federal Mine Safety and Health Act of 1977,
and sections 20, 21 and 22 of the Occupational Safety and Health
Act of 1970, title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980; including insurance of official motor vehicles in foreign countries; and
hire, maintenance, and operation of aircraft, $2,262,698,000, of
which $30,553,000 shall remain available until expended for equipment and construction and renovation of facilities, and of which
$32,000,000 shall remain available until September 30, 1998 for
mine safety and health activities, and in addition, such sums as
may be derived from authorized user fees, which shall be credited
to this account: Provided, That in addition to amounts provided
herein, up to $48,400,000 shall be available from amounts available
under section 241 of the Public Health Service Act, to carry out
the National Center for Health Statistics surveys: Provided further.
That none of the funds made available for injury prevention and
control at the Centers for Disease Control and Prevention may
be used to advocate or promote gun control: Provided further. That
the Director may redirect the total amount made available under
authority of Public Law 101-502, section 3, dated November 3,
1990, to activities the Director may so designate: Provided further.
That the Congress is to be notified promptly of any such transfer:
Provided further. That the functions described in clause (1) of 30 USC l note,
the first proviso under the subheading "mines and minerals" under
the heading "Bureau of Mines" in the text of title I of the Department of the Interior and Related Agencies Appropriations Act,
1996, as enacted by section 101 (c) of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public Law 104-134),
are hereby transferred to, and vested in, the Secretary of Health

110 STAT. 3009-245

PUBLIC LAW 104-208—SEPT. 30, 1996

and Human Services, subject to section 1531 of title 31, United
States Code: Provided further, That of the amount provided,
$23,000,000 is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
In addition, $41,000,000, to be derived from the Violent Crime
Reduction Trust Fund, for carrying out sections 40151 and 40261
of Public Law 103-322.
NATIONAL INSTITUTES OF HEALTH
NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $2,382,532,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For canying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $1,433,001,000.
NATIONAL INSTITUTE OF DENTAL RESEARCH

For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $195,997,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY
DISEASES

For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease, $815,982,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$726,746,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$1,257,234,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title FV of the Public Health
Service Act with respect to general medical sciences, $998,470,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$631,703,000.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-246

NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$332,735,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental health
sciences, $308,819,000.
NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $486,047,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN
DISEASES

For canying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $257,111,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION
DISORDERS

For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders, $188,422,000.
NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $59,743,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism,
$212,004,000.
NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $489,375,000.
NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $701,585,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For canying out section 301 and title FV of the Public Health
Service Act with respect to research resources and general research
support grants, $415,145,000: Provided, That none of these funds
shall be used to pay recipients of the general research support
grants program any amount for indirect expenses in connection
with such grants: Provided further, That $20,000,000 shall be for
extramural facilities construction grants.

110 STAT. 3009-247

PUBLIC LAW 104-208—SEPT. 30, 1996
NATIONAL CENTER FOR HUMAN GENOME RESEARCH

For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $189,657,000.
JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities at the John E. Fogarty International Center, $26,586,000.
NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$151,103,000, of which $4,000,000 shall be available until expended
for improvement of information systems: Provided, That in fiscal
year 1997, the Library may enter into personal services contracts
for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)

For carrjdng out the responsibilities of the Office of the Director,
National Institutes of Health, $287,206,000, of which $35,589,000
shall be for the Office of AIDS Research: Provided, That funding
shall be available for the purchase of not to exceed five passenger
motor vehicles for replacement only: Provided further. That the
Director may direct up to 1 percent of the total amount made
available in this Act to all National Institutes of Health appropriations to activities the Director may so designate: Provided further.
That no such appropriation shall be increased or decreased by
more than 1 percent by any such transfers and that the Congress
is promptly notified of the transfer: Provided further. That NIH
is authorized to collect third party pajonents for the cost of clinical
services that are incurred in National Institutes of Health research
facilities and that such pajnnents shall be credited to the National
Institutes of Health Management Fund: Provided further. That
all funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which they
are deposited: Provided further. That up to $200,000 shall be available to carry out section 499 of the Public Health Service Act.
BUILDINGS AND FACILITIES

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

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-248

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

For carrying out titles V and XIX of the Public Health Service
Act with respect to substance abuse and mental health services,
the Protection and Advocacy for Mentally 111 Individuals Act of
1986, section 30401 of Public Law 103-322 and section 301 of
the Public Health Service Act with respect to program management,
$2,134,743,000, of which $5,000,000 shall be for grants to rural
and Native American projects and $12,800,000 shall be for activities
authorized by section 30401 of Public Law 103-322.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED
OFFICERS

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

HEALTH CARE POLICY AND RESEARCH
For carr3dng out titles III and DC of the Public Health Service
Act, and part A of title XI of the Social Security Act, $96,175,000;
in addition, amounts received from Freedom of Information Act
fees, reimbursable and interagency agreements, and the sale of
data tapes shall be credited to this appropriation and shall remain
available until expended: Provided, That the amount made available
pursuant to section 926(b) of the Public Health Service Act shall
not exceed $47,412,000.
HEALTH CARE FINANCING ADMINISTRATION
GRANTS T O S T A T E S FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $75,056,618,000, to remain available
until expended.
For making, after May 31, 1997, payments to States under
title XDC of the Social Security Act for the last quarter of fiscal
year 1997 for unanticipated costs, incurred for the current fiscal
year, such sums as may be necessary.
For making payments to States under title XIX of the Social
Security Act for the first quarter of fiscal year 1998,
$27,988,993,000, to remain available until expended.
Payment under title XDC may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter. ,

110 STAT. 3009-249

PUBLIC LAW 104-208—SEPT. 30, 1996
PAYMENTS TO HEALTH CARE TRUST FUNDS

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

For carrying out, except as otherwise provided, titles XI, XVIII,
and XIX of the Social Security Act, title XIII of the Public Health
Service Act, and the Clinical Laboratory Improvement Amendments
of 1988, not to exceed $1,735,125,000 to be transferred from the
Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in accordance
with section 353 of the Public Health Service Act, the latter funds
to remain available until expended, together with such sums as
may be collected from authorized user fees and the sale of data,
which shall remain available until expended: Provided, That all
funds derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the Public Health Service Act are
to be credited to and available for carr3dng out the purposes of
this appropriation.
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE
FUND

For carrying out subsections (d) and (e) of section 1308 of
the Public Health Service Act, any amounts received by the Secretary in connection with loans and loan guarantees under title
XIII of the Public Health Service Act, to be available without
fiscal year limitation for the pa5anent of outstanding obligations.
During fiscal year 1997, no commitments for direct loans or loan
guarantees shall be made.
ADMINISTRATION FOR CHILDREN AND FAMILIES
FAMILY SUPPORT PAYMENTS TO STATES

For making payments of such sums as necessary to each State
for carrying out the program of Aid to Families with Dependent
Children under title IV-A of the Social Security Act in fiscal year
1997 before the effective date of the program of Temporary Assistance to Needy Families (TANF) with respect to such State: Provided,
That the sum of the amounts available to a State with respect
to expenditures under such title IV-A in fiscal year 1997 under
this appropriation and under such title IV-A as amended by the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 shall not exceed the limitations under section 116(b) of
such Act.
For making pa5niients to States for carrying out title IV-A
(other than section 402(g)(6)) of the Social Security Act in calendar
quarters prior to October 1, 1996, such sums as may be necessary.
For making payments to States or other non-Federal entities
under titles I, IV-D, X, XI, XIV, and XVI of the Social Security

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-250

Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), $2,158,000,000
to remain available until expended.
For making, after May 31 of the current fiscal year, payments
to States or other non-Federal entities under titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act, for the last three
months of the current year for unanticipated costs, incurred for
the current fiscal year, such sums as may be necessary.
For making payments to States or other non-Federal entities
under titles I, IV-D, X, XI, XIV, and XVI of the Social Security
Act and the Act of July 5, 1960 (24 U.S.C. ch. 9) for the first
quarter of fiscal year 1998, $607,000,000, to remain available until
expended.
JOB OPPORTUNITIES AND BASIC SKILLS

For carrying out aid to families with dependent children work
programs, as authorized by part F of title IV of the Social Security
Act, $1,000,000,000.
LOW INCOME HOME ENERGY ASSISTANCE

For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,000,000,000.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,000,000,000, to be available for obligation in the period October 1, 1997 through September 30, 1998.
REFUGEE AND ENTRANT ASSISTANCE

For making payments for refugee and entrant assistance activities authorized by title IV of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of
1980 (Public Law 96-422), $412,076,000: Provided, That funds
appropriated pursuant to section 414(a) of the Immigration and
Nationality Act under Public Law 103-333 for fiscal year 1995
shall be available for the costs of assistance provided and other
activities conducted in such year and in fiscal years 1996 and
1997.
CHILD CARE AND DEVELOPMENT BLOCK GRANT
(INCLUDING TRANSFER OF FUNDS)

For carrying out sections 658A through 658R of the Omnibus
Budget Reconciliation Act of 1981 (The Child Care and Development
Block Grant Act of 1990), $956,120,000, of which $937,000,000
shall become available on October 1, 1997 and shall remain available through September 30, 1998: Provided, That $19,120,000 shall
become available for obligation on October 1, 1996 for child care
resource and referral and school-aged child care activities, of which
$6,120,000 shall be derived from an amount that shall be transferred from the amount appropriated under section 452(j) of the
Social Security Act (42 U.S.C. 6520)) for fiscal year 1996 and
remaining available for expenditure.
SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of the
Social Security Act, $2,500,000,000: Provided, That notwithstanding
section 2003(c) of such Act, as amended, the amount specified

110 STAT. 3 0 0 9 - 2 5 1

PUBLIC LAW 104-208—SEPT. 30, 1996

for allocation under such section for fiscal year 1997 shall be
$2,500,000,000.
CHILDREN AND FAMILIES SERVICES PROGRAMS
(INCLUDING RESCISSIONS)

For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities Assistance
and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act, the Temporary Child Care for Children
with Disabilities and Crisis Nurseries Act of 1986, section 429A,
part B of title IV of the Social Security Act, section 413 of the
Social Security Act, the Family Violence Prevention and Services
Act, the Native American Programs Act of 1974, title II of Public
Law 95-266 (adoption opportunities), the Abandoned Infants Assistance Act of 1988, and part B(l) of title IV of the Social Security
Act; for making payments under the Community Services Block
Grant Act; and for necessary administrative expenses to carry out
said Acts and titles I, IV, X, XI, XIV, XVI, and XX of the Social
Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus
Budget Reconciliation Act of 1981, title IV of the Immigration
and Nationality Act, section 501 of the Refugee Education Assistance Act of 1980, and section 126 and titles IV and V of Public
Law 100-485, $5,363,569,000, of which $536,432,000 shall be for
making payments under the Community Services Block Grant Act:
Provided, That to the extent Community Services Block Grant
funds are distributed as grant funds by a State to an eligible
entity as provided under the Act, and have not been expended
by such entity, they shall remain with such entity for carryover
into the next fiscal year for expenditure by such entity consistent
with program purposes: Provided further. That of the amount appropriated for fiscal year 1997 under section 672(a) of the Community
Services Block Grant Act, the Secretary shall use up to one percent
of the funds available to correct allocation errors that occurred
in fiscal year 1995 and fiscal year 1996 to ensure that the minimum
allotment to each State for each of fiscal years 1995 and 1996
would be $2,222,460: Provided further. That no more than onehalf of one percent of the funds available under section 672(a)
shall be used for the purposes of section 674(a) of the Community
Services Block Grant Act.
In addition, $20,000,000, to be derived from the Violent Crime
Reduction Trust Fund, for carrying out sections 40155, 40211 and
40241 of Public Law 103-322.
Funds appropriated for fiscal year 1996 and fiscal year 1997
under section 429A(e), part B of title IV of the Social Security
Act shall be reduced by $6,000,000 in each such year.
Funds appropriated for fiscal year 1997 under section 413(h)(1)
of the Social Security Act shall be reduced by $15,000,000.
FAMILY PRESERVATION AND SUPPORT
For carrying out section 430 of the Social Security Act,
$240,000,000.
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE

For making payments to States or other non-Federal entities,
under title IV-E of the Social Security Act, $4,445,031,000.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-252

For making pa5anents to States or other non-Federal entities,
under title IV-E of the Social Security Act, for the first quarter
of fiscal year 1998, $1,111,000,000.
ADMINISTRATION ON AGING
AGING S E R V I C E S PROGRAMS

For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965, as amended, $830,168,000: Provided,
That notwithstanding section 308(b)(1) of such Act, the amounts
available to each State for administration of the State plan under
title III of such Act shall be reduced not more than 5 percent
below the amount that was available to such State for such purpose
for fiscal year 1995: Provided further. That in considering grant
applications for nutrition services for elder Indian recipients, the
Assistant Secretary shall provide maximum flexibility to applicants
\.ho seek to take into account subsistence, local customs and other
characteristics that are appropriate to the unique cultural, regional
and geographic needs of the American Indian, Alaskan and Hawaiian native communities to be served.
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for
carrying out titles III, XVII, and XX of the Public Health Service
Act, $174,523,000, together with $5,851,000, to be transferred and
expended as authorized by section 201(g)(1) of the Social Security
Act from the Hospital Insurance Trust Fund and the Supplemental
Medical Insurance Trust Fund: Provided, That of the funds made
available under this heading for carr)dng out title XVII of the
Public Health Service Act, $11,500,000 shall be available until
expended for extramural construction: Provided further. That notwithstanding section 2010 (b) and (c) under title XX of the Public
Health Service Act, as amended, of the funds made available under
this heading, $10,879,000 shall be for activities specified under
section 2003(b)(2) of title XX of the Public Health Service Act,
as amended, and of which $9,011,000 shall be for prevention grants
under section 510(b)(2) of title V of the Social Security Act, as
amended: Provided further. That of the amount provided, $5,775,000
is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General
in canying out the provisions of the Inspector General Act of
1978, as amended, $32,999,000, together with any funds, to remain
available until expended, that represent the equitable share from
the forfeiture of property in investigations in which the Office
of Inspector General participated, and which are transferred to
the Office of Inspector Greneral by the Department of Justice, the
Department of the Treasury, or the United States Postal Service.

110 STAT. 3009-253

PUBLIC LAW 104-208—SEPT. 30, 1996
OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights,
$16,216,000, together with not to exceed $3,314,000, to be transferred and expended as authorized by section 201(g)(1) of the Social
Security Act from the Hospital Insurance Trust Fund and the
Supplemental Medical Insurance Trust Fund.
POLICY RESEARCH

For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act and section
301(1) of Public Law 104-191, $18,500,000: Provided, That
$9,500,000, to remain available until September 30, 1998, shall
be for carrying out section 301(1) of Public Law 104-191.
GENERAL PROVISIONS

SEC. 201. Funds appropriated in this title shall be available
for not to exceed $37,000 for official reception and representation
expenses when specifically approved by the Secretary.
SEC. 202. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service
to assist in child survival activities and to work in AIDS programs
through and with funds provided by the Agency for International
Development, the United Nations International Children's Emergency Fund or the World Health Organization.
SEC. 203. None of the funds appropriated under this Act may
be used to implement section 399L(b) of the Public Health Service
Act or section 1503 of the National Institutes of Health Revitalization Act of 1993, PubUc Law 103-43.
SEC. 204. None of the funds made available by this Act may
be used to withhold payment to any State under the Child Abuse
Prevention and Treatment Act by reason of a determination that
the State is not in compliance with section 1340.2(d)(2)(ii) of title
45 of the Code of Federal Regulations. This provision expires upon
the date of enactment of the reauthorization of the Child Abuse
Prevention and Treatment Act.
SEC. 205. None of the funds appropriated in this Act for the
National Institutes of Health and the Substance Abuse and Mental
Health Services Administration shall be used to pay the salary
of an individual, through a grant or other extramural mechanism,
at a rate in excess of $125,000 per year.
SEC. 206. None of the ftinds appropriated in this Act may
be expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act, or for
other taps and assessments made by any office located in the
Department of Health and Human Services, prior to the Secretary's
preparation and submission of a report to the Committee on Appropriations of the Senate and of the House detailing the planned
uses of such funds.
(TRANSFER OF FUNDS)

SEC. 207. Of the funds appropriated or otherwise made available for the Department of Health and Human Services, General
Departmental Management, for fiscal year 1997, the Secretary of
Health and Human Services shall transfer to the Office of the
Inspector General such sums as may be necessary for any expenses

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-254

with respect to the provision of security protection for the Secretary
of Health and Human Services.
SEC. 208. None of the funds appropriated in this Act may
be obUgated or expended for the Federal Council on Aging under
the Older Americans Act or the Advisory Board on Child Abuse
and Neglect under the Child Abuse Prevention and Treatment
Act.
(TRANSFER OF FUNDS)

SEC. 209. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act, as amended) which are appropriated for the current fiscal
year for the Department of Health and Human Services in this
Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the Appropriations Committees of both
Houses of Congress are notified at least fifteen days in advance
of any transfer.
(TRANSFER OF FUNDS)

SEC. 210. The Director of the National Institutes of Health,
jointly with the Director of the Office of AIDS Research, may
transfer up to 3 percent among institutes, centers, and divisions
from the total amounts identified by these two Directors as funding
for research pertaining to the human immunodeficiency virus: Provided, That the Congress is promptly notified of the transfer.
(TRANSFER OF FUNDS)

SEC. 211. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to
the human immunodeficiency virus, as jointly determined by the
Director of NIH and the Director of the Office of AIDS Research,
shall be made available to the "Office of AIDS Research" account.
The Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3)
of the Public Health Service Act.
SEC. 212. Not later than January 1, 1997, the Administrator
of the Health Care Financing Administration, with the advice and
technical assistance of the Agency for Health Care Policy and
Research, shall transmit to the appropriate committees of the Congress a report including—
(1) a review of all available studies and research data on
the treatment of end-stage emphysema and chronic obstructive
pulmonary disease by both unilateral and bilateral lung volume
reduction surgery, involving both invasive and noninvasive surgery
and supplemental surgical methods, including laser applications;
and
(2) a recommendation, based on such review, as to the appropriateness of Medicare coverage of such procedures and the conditions, if necessary, that facilities and physicians should be required
to meet, to ensure the efficacy of such procedures, as more detailed
clinical studies are conducted.
SEC. 213. Section 304(a)(1) of the Family Violence Prevention
and Services Act (42 U.S.C. 10403(a)(1)) is amended by striking
"$200,000" and inserting "$400,000".

29-194 0-96-14:QL3Part4

110 STAT. 3009-255

42 u s e 652, 653.
42 u s e 652 note.

Department of
Education
Appropriations
Act, 1997.

PUBLIC LAW 104-208—SEPT. 30, 1996

SEe. 214. The new clinical research center at the National
Institutes of Health is hereby named the Mark O. Hatfield Clinical
Research Center.
SEe. 215. Section 345 of Public Law 104-193 is amended by
replacing "section 457(a)" wherever it appears with "a plan approved
under this part". Amounts available under such section shall be
calculated as though such section were effective October 1, 1995.
This title may be cited as the "Department of Health and
Human Services Appropriations Act, 1997".
TITLE III—DEPARTMENT OF EDUCATION
EDUeATION REFORM

For canying out activities authorized by titles III and IV of
the Goals 2000: Educate America Act and the School-to-Work
Opportunities Act, $691,000,000, of which $476,000,000 for the
Goals 2000: Educate America Act and $200,000,000 for the Schoolto-Work Opportunities Act shall become available on July 1, 1997,
and remain available through September 30, 1998: Provided, That
none of the funds appropriated under this heading shall be obligated
or expended to carry out section 304(a)(2)(A) of the Goals 2000:
Educate America Act.
EDUeATION FOR THE DISADVANTAGED

For carrying out title I of the Elementary and Secondary Education Act of 1965, and section 418A of the Higher Education
Act, $7,698,469,000, of which $6,380,114,000 shall become available
on July 1, 1997, and shall remain available through September
30, 1998, and of which $1,298,386,000 shall become available on
October 1, 1997 and shall remain available through September
30, 1998, for academic year 1997-1998: Provided, That
$6,194,850,000 shall be available for basic grants under section
1124: Provided further. That up to $3,500,000 of these funds shall
be available to the Secretary on October 1, 1996, to obtain updated
local-educational-agency-level census poverty data from the Bureau
of the Census: Provided further. That $999,249,000 shall be available for concentration grants under section 1124(A) and $7,000,000
shall be available for evaluations under section 1501.
IMPAOT AID

For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $730,000,000, of which
$615,500,000 shall be for basic support payments under section
8003(b), $40,000,000 shall be for payments for children with disabilities under section 8003(d), $52,000,000, to remain available until
expended, shall be for payments under section 8003(f), $5,000,000
shall be for construction under section 8007, and $17,500,000 shall
be for Federal property pajonents under section 8002.
SCHOOL IMPROVEMENT PROGRAMS

For carrying out school improvement activities authorized by
titles II, IV-A-1, V-A and B, VI, IX, X and XIII of the Elementary
and Secondary Education Act of 1965; the Stewart B. McKinney
Homeless Assistance Act; and the Civil Rights Act of 1964;

P U B L I C LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-256

$1,425,631,000, of which $1,202,478,000 shall become available on
July 1, 1997, and remain available through September 30, 1998:
Provided, That of the amount appropriated, $310,000,000 shall be
for Eisenhower professional development State grants under title
II-B and $310,000,000 shall be for innovative education program
strategies State grants under title VI-A.
BILINGUAL AND IMMIGRANT EDUCATION

For carrying out, to the extent not otherwise provided, bilingual,
foreign language and immigrant education activities authorized
by parts A and C and section 7203 of title VII of the Elementary
and Secondary Education Act, without regard to section 7103(b),
$261,700,000, of which $100,000,000 shall be for immigrant education programs authorized by part C: Provided, That State educational agencies may use all, or any part of, their part C allocation
for competitive grants to local educational agencies: Provided further. That the Department of Education should only support instructional programs which ensure that students completely master English in a timely fashion (a period of three to five years) while
meeting rigorous achievement standards in the academic content
areas.
SPECIAL EDUCATION

For carrying out parts B, C, D, E, F, G, and H and section
610(j)(2)(C) of the Individuals with Disabilities Education Act,
$4,036,000,000, of which $3,783,685,000 shall become available for
obligation on July 1, 1997, and shall remain available through
September 30, 1998: Provided, That the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic of
Palau shall continue to be eligible to receive funds under the
Individuals with Disabilities Education Act consistent with the
provisions of Public Law 104-134: Provided further. That the entities that received competitive awards for direct services to children
under section 611 of the Individuals with Disabilities Education
Act in accordance with the competition required in Public Law
104-134 shall continue to be funded, without competition, in the
same amounts as under Public Law 104^134.
REHABILITATION SERVICES AND DISABILITY RESEARCH

For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Technology-Related Assistance for
Individuals with Disabilities Act, and the Helen Keller National
Center Act, as amended, $2,509,447,000.
SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES
AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, as amended (20
U.S.C. 101 et seq.), $6,680,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles
I and II of the Education of the Deaf Act of 1986 (20 U.S.C.

110 STAT. 3009-257

PUBLIC LAW 104-208—SEPT. 30, 1996

4301 et seq.), $43,041,000: Provided, That from the amount available, the Institute may at its discretion use funds for the endowment
program as authorized under section 207.
GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf
Act of 1986 (20 U.S.C. 4301 et seq.), $79,182,000: Provided, That
from the amount available, the University may at its discretion
use funds for the endowment program as authorized under section
207.
VOCATIONAL AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Vocational and Applied Technology Education Act,
the Adult Education Act, and the National Literacy Act of 1991,
$1,486,531,000, of which $4,500,000 shall be for the National
Institute for Literacy; and of which $1,483,612,000 shall become
available on July 1, 1997 and shall remain available through
September 30, 1998: Provided, That, of the amounts made available
for title II of the Carl D. Perkins Vocational and Applied Technology
Education Act, $4,500,000 shall be used by the Secretary for national programs under title IV, without regard to section 451: Provided further, That, in addition, the Secretary may reserve up
to $9,000,000 under section 101(a)(1)(A) of the Carl D. Perkins
Vocational and Applied Technology Education Act, without regard
to section 451: Provided further, That the Secretary may reserve
up to $5,000,000 under section 313(d) of the Adult Education Act
for activities carried out under section 383 of that Act: Provided
further. That no funds shall be awarded to a State Council under
section 112(f) of the Carl D. Perkins Vocational and Applied Technology Education Act, and no State shall be required to operate
such a Council.
STUDENT FINANCIAL ASSISTANCE

20 use 1070a
note.

For carrying out subparts 1, 3, and 4 of part A, part C and
part E of title IV of the Higher Education Act of 1965, as amended,
$7,560,407,000, which shall remain available through September
30, 1998.
The maximum Pell Grant for which a student shall be eligible
during award year 1997-1998 shall be $2,700: Provided, That notwithstanding section 401(g) of the Act, if the Secretary determines,
prior to publication of the payment schedule for such award year,
that the amount included within this appropriation for Pell Grant
awards in such award year, and any funds available from the
fiscal year 1996 appropriation for Pell Grant awards, are insufficient
to satisfy fully all such awards for which students are eligible,
as csdculated under section 401(b) of the Act, the amount paid
for each such award shall be reduced by either a fixed or variable
percentage, or by a fixed dollar amount, as determined in accordance
with a schedule of reductions established by the Secretary for
this purpose.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-258

FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT
For Federal administrative expenses to carry out guaranteed
student loans authorized by title IV, part B, of the Higher Education
Act, as amended, $46,572,000.
HIGHER EDUCATION

For carrying out, to the extent not otherwise provided, parts
A and B of title III, without regard to section 360(a)(l)(B)(ii),
titles IV, V, VI, VII, and IX, part A and subpart 1 of part B
of title X, and title XI of the Higher Education Act of 1965, as
amended. Public Law 102-423 and the Mutual Educational and
Cultural Exchange Act of 1961; $879,054,000, of which $15,673,000
for interest subsidies under title VII of the Higher Education Act,
as amended, shall remain available until expended: Provided, That
funds available for part D of title IX of the Higher Education
Act shall be available to fund noncompeting continuation awards
for academic year 1997-1998 for fellowships awarded originally
under part B of title IX of said Act, under the terms and conditions
of part B: Provided further, That $5,931,000 of the funds available
for part D of title IX of the Higher Education Act shall be available
to fund new and noncompeting continuation awards for academic
year 1997-1998 for fellowships awarded under part C of title IX
of said Act, under the terms and conditions of part C: Provided
further. That notwithstanding sections 419D, 419E, and 419H of
the Higher Education Act, as amended, scholarships made under
title IV, part A, subpart 6 shall be prorated to maintain the same
number of new scholarships in fiscal year 1997 as in fiscal year
1996: Provided further. That $3,000,000, to remain available until
expended, shall be for the George H.W. Bush fellowship program,
if authorized by April 1, 1997: Provided further. That $3,000,000,
to remain available until expended, shall be for the Edmund S.
Muskie Foundation to establish an endowment fund to provide
income to support such foundation on a continuing basis, if authorized by April 1, 1997: Provided further. That $3,000,000, to remain
available until expended, shall be for the Claiborne Pell Institute
for International Relations and Public Policy at Salve Regina University in Newport, Rhode Island, if authorized by April 1, 1997:
Provided further. That $1,000,000, to remain available until expended, shall be for the Calvin Coolidge Memorial Foundation,
if authorized by April 1, 1997: Provided further. That, of the
amounts made available under title X, part A of the Higher Education Act, $2,000,000 shall be awarded to the Pennsylvania Educational Telecommunications Exchange Network.
HOWARD UNIVERSITY

For partial support of Howard University (20 U.S.C. 121 et
seq.), $196,000,000: Provided, That from the amount available, the
University may at its discretion use funds for the endowment
program as authorized under the Howard University Endowment
Act (Public Law 98-480).
HIGHER EDUCATION FACILITIES LOANS

The Secretary is hereby authorized to make such expenditures,
within the limits of funds available under this heading and in
accord with law, and to make such contracts and commitments

110 STAT. 3009-259

PUBLIC LAW 104-208—SEPT. 30, 1996

without regard to fiscal year limitation, as provided by section
104 of the Government Corporation Control Act (31 U.S.C. 9104),
as may be necessary in carrying out the program for the current
fiscal year.
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM

For administrative expenses to carry out the existing direct
loan program of college housing and academic facilities loans
entered into pursuant to title VII, part C, of the Higher Education
Act, as amended, $698,000.
COLLEGE HOUSING LOANS

Pursuant to title VII, part C of the Higher Education Act,
as amended, for necessary expenses of the college housing loans
program, the Secretary shall make expenditures and enter into
contracts without regard to fiscal year limitation using loan repayments and other resources available to this account. Any unobligated balances becoming available from fixed fees paid into this
account pursuant to 12 U.S.C. 1749d, relating to pa5mient of costs
for inspections and site visits, shall be available for the operating
expenses of this account.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING,
PROGRAM ACCOUNT

The total amount of bonds insured pursuant to section 724
of title VII, part B of the Higher Education Act shall not exceed
$357,000,000, and the cost, as defined in section 502 of the Congressional Budget Act of 1974, of such bonds shall not exceed zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into
pursuant to title VII, part B of the Higher Education Act, as
amended, $104,000.
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

For carrying out activities authorized by the Educational
Research, Development, Dissemination, and Improvement Act of
1994, including part E; the National Education Statistics Act of
1994; section 2102, sections 3132, 3136 and 3141, parts B, C,
and D of title III and parts A, B, I, and K and section 10601
of title X, and part C of title XIII of the Elementary and Secondary
Education Act of 1965, as amended, and title VI of Public Law
103-227, $598,350,000: Provided, That $200,000,000 shall be for
section 3132, $56,965,000 shall be for section 3136 and $10,000,000
shall be for section 3141 of the Elementary and Secondary Education Act: Provided further, That notwithstanding any other provision of law, one-half of one percent of the amount available for
section 3132 of the Elementary and Secondary Education Act of
1965, as amended, shall be set aside for the outlying areas to
be distributed among the outlying areas on the basis of their relative
need as determined by the Secretary in accordance with the purposes of the program: Provided further. That, notwithstanding section 3131(b) of said Act, if any State educational agency does
not apply for a grant under section 3132, that State's allotment
under section 3131 shall be reserved by the Secretary for grants
to local educational agencies in the State that apply directly to

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-260

the Secretary according to the terms and conditions announced
by the Secretary in the Federal Register: Provided further. That,
of the amount available for title III, part B of the Elementary
and Secondary Education Act of 1965, as amended, funds shall
be awarded to continue the Iowa Communication Network statewide
fiber optic demonstration and $2,000,000 shall be awarded to the
Southeastern Pennsylvania Consortium for Higher Education for
the establishment of local and wide area computer networks to
provide instructional resources to students and faculty: Provided
further. That none of the funds appropriated in this paragraph
may be obligated or expended for the Goals 2000 Community Partnerships Program.
LIBRARIES

Notwithstanding title VII of this Act, for carrying out titles
I, II, III, and IV of the Library Services and Construction Act,
and title II-B of the Higher Education Act, $136,369,000, of which
$16,369,000 shall be used to carry out the provisions of title II
of the Library Services and Construction Act and shall remain
available until expended; and $2,500,000 shall be for section 222
and $5,000,000 shall be for section 223 of the Higher Education
Act: Provided, That $1,000,000 shall be competitively awarded to
a nonprofit regional social tolerance resource center, operating tolerance tools and prejudice reduction programs and multimedia tolerance and genocide exhibits: Provided further. That $1,500,000 shall
be for the continuation of a demonstration project making information available for public use by connecting Internet to a multistate
consortium and a historical society: Provided further, That
$1,000,000 shall be for continuation of catalog conversion of research
and doctoral institutions and networking of local libraries under
the fiber optics demonstration initiated in Public Law 102-394
under section 223 of the Higher Education Act: Provided further,
That each State or local recipient of funds under titles I, II, III,
and rV of the Library Services and Construction Act may use
any such funds to plan for any library program or activity authorized under title VII of this Act and conduct any other activity
reasonably necessary to provide for an orderly and effective transition to the operation of library programs or activities under title
VII of this Act.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of two passenger
motor vehicles, $327,000,000.
OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization
Act, $55,000,000.

110 STAT. 3 0 0 9 - 2 6 1

PUBLIC LAW 104-208—SEPT. 30, 1996
OFFICE OF THE INSPECTOR GENERAL

For expenses necessary for the Office of the Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $30,000,000.
GENERAL PROVISIONS

20 u s e 1087h
note.

SEC. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the purchase
of equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation
of students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation
of any school or school system.
SEC. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of any
student to a school other than the school which is nearest the
student's home, except for a student requiring special education,
to the school offering such special education, in order to comply
with title VI of the Civil Rights Act of 1964. For the purpose
of this section an indirect requirement of transportation of students
includes the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the pairing
of schools, or the clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described in
this section does not include the establishment of magnet schools.
SEC. 303. No funds appropriated under this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
SEC. 304. Notwithstanding any other provision of law, funds
available under section 458 of the Higher Education Act shall
not exceed $491,000,000 for fiscal year 1997. The Department of
Education shall use $80,000,000 of the amounts provided for payment of administrative cost allowances to guaranty agencies for
fiscal year 1996. For fiscal year 1997, the Department of Education
shall pay administrative costs to guaranty agencies, calculated on
the basis of 0.85 percent of the total principal amount of loans
upon which insurance was issued on or after October 1, 1996:
Provided, That such administrative costs shall be paid only on
the first $8,200,000,000 of the principal amount of loans upon
which insurance was issued on or after October 1, 1996 by such
guaranty agencies, and shall not exceed a total of $70,000,000.
Such pa5mrients are to be paid quarterly, and receipt of such funds
and uses of such funds shall be in accordance with section 428(f)
of the Higher Education Act.
Notwithstanding section 458 of the Higher Education Act, the
Secretary may not use funds available under that section or any
other section for subsequent fiscal years for administrative expenses
of the William D. Ford Direct Loan Program. The Secretary may
not require the return of guaranty agency reserve funds during
fiscal year 1997, except after consultation with both the Chairmen
and ranking members of the House Economic and Educational
Opportunities Committee and the Senate Labor and Human
Resources Committee. Any reserve funds recovered by the Secretary
shall be returned to the Treasury of the United States for purposes
of reducing the Federal deficit.

P U B L I C LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-262

No funds available to the Secretary may be used for (1) the
hiring of advertising agencies or other third parties to provide
advertising services for student loan programs prior to January
1,1997, or (2) payment of administrative fees relating to the William
D. Ford Direct Loan Program to institutions of higher education.
SEC. 305. None of the funds appropriated in this Act may
be obligated or expended to carry out section 621(b) of Public
Law 101-589.
(TRANSFER OF FUNDS)

SEC. 306. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act, as amended) which are appropriated for the current fiscal
year for the Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer: Provided,
That the Appropriations Committees of both Houses of Congress
are notified at least fifteen days in advance of any transfer.
SEC. 307. (a) Section 8003(f)(3)(A)(i) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(f)(3)(A)(i)) is
amended—
(1) in the matter preceding subclause (I), by striking "The
Secretary" and all that follows through "greater of—" and
inserting the following: "The Secretary, in conjunction with
the local educational agency, shall first determine each of the
following:";
(2) in each of subclauses (I) through (III), by striking "the
average" each place it appears the first time in each such
subclause and inserting '"The average";
(3) in subclause (I), by striking the semicolon and inserting
a period;
(4) in subclause (II), by striking ": or" and inserting a
period; and
(5) by adding at the end the following:
'The local educational agency shall select one of the amounts
determined under subclause (I), (II), or (III) for purposes of the
remaining computations under this subparagraph.".
(b) Tbe amendments made by subsection (a) shall apply with 20USC7703
respect to fiscal years beginning with fiscal year 1995.
'f^ote.
SEC. 308. Section 485(e)(9) of the Higher Education Act of
1965 is amended by striking out "June 30" in the second sentence 20 USC1092.
of such section and inserting "August 30".
This title may be cited as the "Department of Education Appropriations Act, 1997".
TITLE IV—RELATED AGENCIES
ARMED FORCES RETIREMENT HOME

For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the United States Soldiers' and Airmen's
Home and the United States Naval Home, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$56,204,000, of which $432,000 shall remain available until
expended for construction and renovation of the physical plants
at the United States Soldiers' and Airmen's Home and the United
States Naval Home: Provided, That this appropriation shall not

110 STAT. 3009-263

PUBLIC LAW 104-208—SEPT. 30, 1996

be available for the payment of hospitalization of members of the
Soldiers' and Airmen's Home in United States Army hospitals at
rates in excess of those prescribed by the Secretary of the Army
upon recommendation of the Board of Commissioners and the Surgeon General of the Army.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES

For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic
Volunteer Service Act of 1973, as amended, $213,969,000.
CORPORATION FOR PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which
shall be available within limitations specified by that Act, for the
fiscal year 1999, $250,000,000: Provided, That no funds made available to the Corporation for Public Broadcasting by this Act shall
be used to pay for receptions, parties, or similar forms of entertainment for Grovernment officials or employees: Provided further. That
none of the funds contained in this paragraph shall be available
or used to aid or support any program or activity from which
any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or
sex.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor
Management Relations Act, 1947 (29 U.S.C. 171-180, 182-183),
including hire of passenger motor vehicles; and for expenses necessary for the Labor-Management Cooperation Act of 1978 (29
U.S.C. 175a); and for expenses necessary for the Service to carry
out the functions vested in it by the Civil Service Reform Act,
Public Law 95-454 (5 U.S.C. chapter 71), $32,579,000 including
$1,500,000, to remain available through September 30, 1998, for
activities authorized by the Labor-Management Cooperation Act
of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special training
activities and for arbitration services shall be credited to and
merged with this account, and shall remain available until
expended: Provided further. That fees for arbitration services shall
be available only for education, training, and professional development of the agency workforce: Provided further. That the Director
of the Service is authorized to accept on behalf of the United
States gifts of services and real, personal, or other property in
the aid of any projects or functions within the Director's jurisdiction.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-264

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health
Review Commission (30 U.S.C. 801 et seq.), $6,060,000.
NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE
SALARIES AND EXPENSES

For necessary expenses for the National Commission on Libraries and Information Science, established by the Act of July 20,
1970 (Public Law 91-345, as amended by Public Law 102-95),
$897,000.
NATIONAL COUNCIL ON DISABILITY
SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973, as
amended, $1,793,000.
NATIONAL EDUCATION GOALS PANEL

For expenses necessary for the National Education Goals Panel,
as authorized by title II, part A of the Goals 2000: Educate America
Act, $1,500,000.
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, as amended (29 U.S.C. 141-167), and other
laws, $175,000,000: Provided, That no part of this appropriation
shall be available to organize or assist in organizing agricultural
laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural
laborers as referred to in section 2(3) of the Act of July 5, 1935
(29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of
the Act of June 25, 1938 (29 U.S.C. 203), and including in said
definition employees engaged in the maintenance and operation
of ditches, canals, reservoirs, and waterways when maintained or
operated on a mutual, nonprofit basis and at least 95 per centum
of the water stored or supplied thereby is used for farming purposes:
Provided further. That none of the funds made available by this
Act shall be used in any way to promulgate a final rule (altering
29 CFR part 103) regarding single location bargaining units in
representation cases.

110 STAT. 3009-265

PUBLIC LAW 104-208—SEPT. 30, 1996
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151-188), including emergency boards appointed by the President, $8,300,000: Provided,
That unobligated balances at the end of fiscal year 1997 not needed
for emergency boards shall remain available for other statutory
purposes through September 30, 1998.
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health
Review Commission (29 U.S.C. 661), $7,753,000.
PHYSICIAN PAYMENT REVIEW COMMISSION
SALARIES AND EXPENSES

For expenses necessary to carry out section 1845(a) of the
Social Security Act, $3,263,000, to be transferred to this appropriation from the Federal Supplementary Medical Insurance Trust
Fund.
PROSPECTIVE PAYMENT ASSESSMENT COMMISSION
SALARIES A N D EXPENSES

For expenses necessary to carry out section 1886(e) of the
Social Security Act, $3,263,000, to be transferred to this appropriation from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance
and the Federal Disability Insurance trust funds, as provided under
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act,
$20,923,000.
In addition, to reimburse these trust funds for administrative
expenses to carry out sections 9704 and 9706 of the Internal Revenue Code of 1986, $10,000,000, to remain available until expended.
SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health
Act of 1977, $460,070,000, to remain available until expended.
For making, after July 31 of the current fiscal year, benefit
payments to individuals under title IV of the Federal Mine Safety
and Health Act of 1977, for costs incurred in the current fiscal
year, such amounts as may be necessary.
For making benefit payments under title IV of the Federal
Mine Safety and Health Act 1977 for the first quarter of fiscal
year 1998, $160,000,000, to remain available until expended.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-266

SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 9 3 66, as amended, and section 405 of Public Law 95-216, including
payment to the Social Security trust funds for administrative
expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $19,372,010,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the
current fiscal year and not obligated by the State during that
year shall be returned to the Treasury.
From funds provided under the previous paragraph, not less
than $100,000,000 shall be available for payment to the Social
Security trust funds for administrative expenses for conducting
continuing disability reviews.
In addition, $175,000,000, to remain available until September
30, 1998, for payment to the Social Security trust funds for administrative expenses for continuing disability reviews as authorized
by section 103 of Public Law 104-121 and Supplemental Security
Income administrative work as authorized by Public Law 104193. The term "continuing disability reviews" means reviews and
redetermination as defined under section 201(g)(1)(A) of the Social
Security Act as amended, and reviews and redeterminations authorized under section 211 of Public Law 104-193.
For making, after June 15 of the current fiscal year, benefit
pa3anents to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal year,
such sums as may be necessary.
For carrying out title XVI of the Social Security Act for the
first quarter of fiscal year 1998, $9,690,000,000, to remain available
until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $10,000 for official reception
and representation expenses, not more than $5,873,382,000 may
be expended, as authorized by section 201(g)(1) of the Social Security Act or as necessary to carry out sections 9704 and 9706 of
the Internal Revenue Code of 1986 from any one or all of the
trust funds referred to therein: Provided, That reimbursement to
the trust funds under this heading for administrative expenses
to carry out sections 9704 and 9706 of the Internal Revenue Code
of 1986 shall be made, with interest, not later than September
30, 1998: Provided further. That not less than $1,268,000 shall
be for the Social Security Advisory Board: Provided further. That
unobligated balances at the end of fiscal year 1997 not needed
for fiscal year 1997 shall remain available until expended for a
state-of-the-art computing network, including related equipment
and administrative expenses associated solely with this network.
From funds provided under the previous paragraph, not less
than $200,000,000 shall be available for conducting continuing
disability reviews.
In addition to funding already available under this heading,
and subject to the same terms and conditions, $310,000,000, to
remain available until September 30, 1998, for continuing disability
reviews as authorized by section 103 of Public Law 104-121 and
Supplemental Security Income administrative work as authorized

110 STAT. 3009-267

PUBLIC LAW 104-208—SEPT. 30, 1996

by Public Law 104-193. The term "continuing disability reviews"
means reviews and redetermination as defined under section
201(g)(1)(A) of the Social Security Act as amended, and reviews
and redeterminations authorized under section 211 of Public Law
104-193.
In addition to funding already available under this heading,
and subject to the same terms and conditions, $234,895,000, which
shall remain available until expended, to invest in a state-of-theart computing network, including related equipment and administrative expenses associated solely with this network, for the Social
Security Administration and the State Disability Determination
Services, may be expended from any or all of the trust funds
as authorized by section 201(g)(1) of the Social Security Act.
OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $6,335,000, together with not to exceed
$31,089,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal OldAge and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund.
RAILROAD RETIREMENT BOARD
DUAL B E N E F I T S PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974,
$223,000,000, which shall include amounts becoming available in
fiscal year 1997 pursuant to section 224(c)(1)(B) of Public Law
98-76; and in addition, an amount, not to exceed 2 percent of
the amount provided herein, shall be available proportional to the
amount by which the product of recipients and the average benefit
received exceeds $223,000,000: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts
on the first day of each month in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $300,000, to remain available through September 30, 1998, which shall be the maximum
amount available for payment pursuant to section 417 of Public
Law 98-76.
LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $87,898,000, to be derived in such
amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-268

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than
$5,404,000, to be derived from the railroad retirement accounts
and railroad unemplo3rment insurance account: Provided, That none
of the funds made available in this Act may be transferred to
the Office from the Department of Health and Human Services,
or used to carry out any such transfer: Provided further, That
none of the funds made available in this paragraph may be used
for any audit, investigation, or review of the Medicare program.
UNITED STATES INSTITUTE OF PEACE
OPERATING E X P E N S E S

For necessary expenses of the United States Institute of Peace
as authorized in the United States Institute of Peace Act,
$11,160,000.
TITLE V—GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred
balances are used for the same purpose, and for the same periods
of time, for which they were originally appropriated.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained in this
Act shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to support or defeat legislation pending before the Congress, except in
presentation to the Congress itself or any State legislature, except
in presentation to the Congress or any State legislative body itself.
(b) No part of any appropriation contained in this Act shall
be used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any activity
designed to influence legislation or appropriations pending before
the Congress or any State legislature.
SEC. 504. The Secretaries of Labor and Education are each
authorized to make available not to exceed $15,000 from funds
available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses
not to exceed $2,500 from the funds available for "Salaries and
expenses, Federal Mediation and Conciliation Service"; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from funds available for "Salaries and expenses,
National Mediation Board".

110 STAT. 3009-269

P U B L I C LAW 104-208—SEPT. 30, 1996

SEC. 505. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to carry out
any program of distributing sterile needles for the hypodermic
injection of any illegal drug unless the Secretary of Health and
Human Services determines that such programs are effective in
preventing the spread of HIV and do not encourage the use of
illegal drugs.
SEC.

506.

(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS.—It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with
funds made available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-

31 use 1301
note.

mined by a court or Federal agency that any person intentionally
affixed a label bearing a "Made in America" inscription, or any
inscription with the same meaning, to any product sold in or shipped
to the United States that is not made in the United States, the
person shall be ineligible to receive any contract or subcontract
made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regulations.
SEC. 507. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,
including but not limited to State and local governments and recipients of Federal research grants, shall clearly state (1) the percentage
of the total costs of the program or project which will be financed
with Federal money, (2) the dollar amount of Federal funds for
the project or program, and (3) percentage and dollar amount of
the total costs of the project or program that will be financed
by nongovernmental sources.
SEC. 508. None of the funds appropriated under this Act shall
be expended for any abortion except when it is made known to
the Federal entity or official to which funds are appropriated under
this Act that such procedure is necessary to save the life of the
mother or that the pregnancy is the result of an act of rape or
incest.
SEC. 509. Notwithstanding any other provision of law—
(1) no amount may be transferred from an appropriation
account for the Departments of Labor, Health and Human
Services, and Education except as authorized in this or any
subsequent appropriation Act, or in the Act establishing the
program or activity for which funds are contained in this Act;
(2) no department, agency, or other entity, other than the
one responsible for administering the program or activity for
which an appropriation is made in this Act, may exercise
authority for the timing of the obligation and expenditure of
such appropriation, or for the purpose for which it is obligated
and expended, except to the extent and in the manner otherwise
provided in sections 1512 and 1513 of title 31, United States
Code; and

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-270

(3) no funds provided under this Act shall be available
for the salary (or any part thereof) of an employee who is
reassigned on a temporary detail basis to another position
in the employing agency or department or in any other agency
or department, unless the detail is independently approved
by the head of the employing department or agency.
SEC. 510. None of the funds made available in this Act may
be used for the expenses of an electronic benefit transfer (EBT)
task force.
SEC. 511. None of the funds made available in this Act may
be used to enforce the requirements of section 428(b)(l)(U)(iii) of
the Higher Education Act of 1965 with respect to any lender when
it is made known to the Federal official having authority to obligate
or expend such funds that the lender has a loan portfolio under
part B of title IV of such Act that is equal to or less than $5,000,000.
SEC. 512. (a) None of the funds made available in this Act
may be used for—
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses
in utero under 45 CFR 46.208(a)(2) and section 498(b) of the
Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term "human embryo
or embryos" include any organism, not protected as a human subject
under 45 CFR 46 as of the date of the enactment of this Act,
that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes.
SEC. 513. (a) LIMITATION ON U S E OF FUNDS FOR PROMOTION
OF CONTROLLED SUBSTANCES.—None of the funds

OF LEGALIZATION

made available in this Act may be used for any activity when
it is made known to the Federal official having authority to obligate
or expend such funds that the activity promotes the legalization
of any drug or other substance included in schedule I of the schedules of controlled substances established by section 202 of the
Controlled Substances Act (21 U.S.C. 812).
(b) EXCEPTIONS.—The limitation in subsection (a) shall not
apply when it is made known to the Federal official having authority
to obligate or expend such funds that there is significant medical
evidence of a therapeutic advantage to the use of such drug or
other substance or that Federally-sponsored clinical trials are being
conducted to determine therapeutic advantage.
SEC.

514. (a) DENIAL

OF FUNDS FOR PREVENTING R O T C ACCESS

TO CAMPUS.—None of the funds made available in this or any
other Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act for any fiscal
year may be provided by contract or by grant (including a grant
of funds to be available for student aid) to a covered educational
entity if the Secretary of Defense determines that the covered
educational entity has a policy or practice (regardless of when
implemented) that either prohibits, or in effect prevents—
(1) the maintaining, establishing, or operation of a unit
of the Senior Reserve Officer Training Corps (in accordance
with section 654 of title 10, United States Code, and other
applicable Federal laws) at the covered educational entity; or

lo use 503 note.

110 STAT. 3 0 0 9 - 2 7 1

PUBLIC LAW 104-208—SEPT. 30, 1996

(2) a student at the covered educational entity from enrolling in a unit of the Senior Reserve Officer Training Corps
at another institution of higher education.
(b) DENIAL OF FUNDS FOR PREVENTING FEDERAL MILITARY
RECRUITING ON CAMPUS.—None of the funds made available in

this or any other Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act for
any fiscal year may be provided by contract or by grant (including
a grant of funds to be available for student aid) to a covered
educational entity if the Secretary of Defense determines that the
covered educational entity has a policy or practice (regardless of
when implemented) that either prohibits, or in effect prevents—
(1) entry to campuses, or access to students (who are 17
years of age or older) on campuses, for purposes of Federal
military recruiting; or
(2) access by military recruiters for purposes of Federal
military recruiting to the following information pertaining to
students (who are 17 years of age or older) enrolled at the
covered educational entity:
(A) student names, addresses, and telephone listings;
and
(B) if known, student ages, levels of education, and
majors.
(c) EXCEPTIONS.—^The limitation established in subsection (a)
or (b) shall not apply to a covered educational entity if the Secretary
of Defense determines that—
(1) the covered educational entity has ceased the policy
or practice described in such subsection;
(2) the institution of higher education involved has a longstanding policy of pacifism based on historical religious affiliation; or
(3) the institution of higher education involved is prohibited
by the law of any State, or by the order of any State court,
from allowing Senior Reserve Officer Training Corps activities
or Federal military recruiting on campus, except that this paragraph shall apply only during the one-year period beginning
on the effective date of this section.
(d) NOTICE OF DETERMINATIONS.—Whenever the Secretary of

Defense makes a determination under subsection (a), (b), or (c),
the Secretary—
(1) shall transmit a notice of the determination to the
Secretary of Education and to the Congress; and
(2) shall publish in the Federal Register a notice of the
determination and the effect of the determination on the eligibility of the covered educational entity for contracts and grants.
(e) SEMIANNUAL NOTICE IN FEDERAL REGISTER.—^The Secretary

of Defense shall publish in the Federal Register once every 6
months a list of each covered educational entity that is currently
ineligible for contracts and grants by reason of a determination
of the Secretary under subsection (a) or (b).
(f) COVERED EDUCATIONAL ENTITY.—For purposes of this section, the term "covered educational entity" means an institution
of higher education, or a subelement of an institution of higher
education.
(g) EFFECTIVE DATE.—This section shall take effect upon the
expiration of the 180-day period beginning on the date of the enactment of this Act, by which date the Secretary of Defense shall

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-272

have published final regulations in consultation with the Secretary
of Education to carry out this section.
SEC. 515. (a) TECHNICAL AMENDMENT TO OTHER R O T C AND
MILITARY RECRUITING PROVISIONS.—Sections 508 and 509 of the

Energy and Water Development Appropriations Act, 1997, are
amended by striking "when it is made known to the Federal official
having authority to obligate or expend such funds" each place
it appears and inserting "if the Secretary of Defense determines".
(b) EFFECTIVE DATE.—Sections 508 and 509 of the Energy
and Water Development Appropriations Act, 1997, shall not take
effect until the expiration of the 180-day period beginning on the
date of the enactment of this Act, by which date the Secretary
of Defense shall have published final regulations to carry out such
sections (as amended by subsection (a)).
SEC. 516. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity when it is made known to the Federal official having
authority to obligate or expend such funds that—
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning emplo)nnent
of certain veterans; and
(2) such entity has not submitted a report as required
by that section for the most recent year for whach such requirement was applicable to such entity.
SEC. 517. (a) Notwithstanding any provision of the Carl D.
Perkins Vocational and Applied Technology Act (as such Act was
in effect on September 24, 1990), a State shall be deemed to have
met the requirements of section 503 of such Act with respect to
decisions appealed by applications filed on April 30, 1993 and
October 29, 1993 under section 452(b) of the General Education
Provisions Act.
(b) Subsection (a) shall take effect on October 1, 1996.
SEC. 518. None of the funds appropriated in this Act may
be made available to any entity under title X of the Public Health
Service Act unless it is made known to the Federal official having
authority to obligate or expend such funds that the applicant for
the award certifies to the Secretary that it encourages family
participation in the decision of the minor to seek family planning
services.
SEC. 519. Of the budgetary resources available to agencies
in this Act for salaries and expenses during fiscal year 1997,
$30,500,000, to be allocated by the Office of Management and
Budget, are permanently canceled: Provided, That the foregoing
provision shall not apply to the Food and Drug Administration
and the Indian Health Service: Provided further. That amounts
available in this Act for congressional and legislative affairs, public
affairs, and intergovernmental affairs activities are hereby reduced
by $2,000,000.
SEC. 520. VOLUNTARY SEPARATION INCENTIVES FOR EMPLOYEES 5 use 5597 note.
OF CERTAIN FEDERAL AGENCIES.—(a) DEFINITIONS.—For the purposes of this section—
(1) the term "agency" means the Railroad Retirement Board
and the Office of Inspector General of the Railroad Retirement
Board;

110 STAT. 3 0 0 9 - 2 7 3

PUBLIC LAW 104-208—SEPT. 30, 1996

(2) the term "employee" means an employee (as defined
by section 2105 of title 5, United States Code) who is employed
by an agency, is serving under an appointment without time
limitation, and has been currently employed for a continuous
period of at least 3 years, but does not include—
(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5, United States Code,
or another retirement system for employees of the agency;
(B) an employee having a disability on the basis of
which such employee is or would be eligible for disability
retirement under subchapter III of chapter 83 or chapter
84 of title 5, United States Code, or another retirement
system for employees of the agency;
(C) an employee who is in receipt of a specific notice
of involuntary separation for misconduct or unacceptable
performance;
(D) an employee who, upon completing an additional
period of service as referred to in section 3(b)(2)(B)(ii) of
the Federal Workforce Restructuring Act of 1994 (5 U.S.C.
5597 note), would qualify for a voluntary separation incentive payment under section 3 of such Act;
(E) an employee who has previously received any voluntary separation incentive pajnnent by the Federal
Government under this section or any other authority and
has not repaid such payment;
(F) an employee covered by statutory reemployment
rights who is on transfer to another organization; or
(G) any employee who, during the twenty-four-month
period preceding the date of separation, has received a
recruitment or relocation bonus under section 5753 of title
5, United States Code, or who, within the twelve-month
period preceding the date of separation, received a retention
allowance under section 5754 of title 5, United States Code.
(b) AGENCY STRATEGIC PLAN.—

(1) I N GENERAL.—^The three-member Railroad Retirement
Board, prior to obligating any resources for voluntary separation incentive payments, shall submit to the House and Senate
Committees on Appropriations and the Committee on Governmental Affairs of the Senate and the Committee on Government
Reform and Oversight of the House of Representatives a strategic plan outlining the intended use of such incentive payments
and a proposed organizational chart for the agency once such
incentive payments have been completed.
(2) CONTENTS.—^The agency's plan shall include—
(A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level;
(B) the number and amounts of voluntary separation
incentive payments to be offered; and
(C) a description of how the agency will operate without
the eliminated positions and functions.
(c) AUTHORITY To PROVIDE VOLUNTARY SEPARATION INCENTIVE
PAYMENTS.—

(1) IN GENERAL.—^A voluntary separation incentive payment
under this section may be paid by an agency to any employee
only to the extent necessary to eliminate the positions and
functions identified by the strategic plan.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-274

(2) AMOUNT AND TREATMENT OF PAYMENTS.—A voluntary

separation incentive payment—
(A) shall be paid in a lump sum after the employee's
separation;
(B) shall be paid from appropriations or funds available
for the payment of the basic pay of the employees;
(C) shall be equal to the lesser of—
(i) an amount equal to the amount the employee
would be entitled to receive under section 5595(c) of
title 5, United States Code; or
(ii) an amount determined by the agency head
not to exceed $25,000;
(D) may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) before September 30, 1997;
(E) shall not be a basis for payment, and shall not
be included in the computation, of any other type of Government benefit; and
(F) shall not be taken into account in determining
the amount of any severance pay to which the employee
may be entitled under section 5595 of title 5, United States
Code, based on any other separation.
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT
FUND.—

(1) IN GENERAL.—In addition to any other payments which
it is required to make under subchapter III of chapter 83
of title 5, United States Code, an agency shall remit to the
Office of Personnel Management for deposit in the Treasury
of the United States to the credit of the Civil Service Retirement
and Disability Fund an amount equal to 15 percent of the
final basic pay of each employee of the agency who is covered
under subchapter III of chapter 83 or chapter 84 of title 5,
United States Code, to whom a voluntary separation incentive
has been paid under this section.
2) DEFINITION.—For the purpose of paragraph (1), the term
"final basic pay", with respect to an employee, means the total
amount of basic pay which would be payable for a year of
service by such employee, computed using the employee's final
rate of basic pay, and, if last serving on other than a fulltime basis, with appropriate adjustment therefor.
e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERN-

MENT.—^An individual who has received a voluntary separation
incentive pa3mient under this section and accepts any employment
for compensation with the Government of the United States, or
who works for any agency of the United States Government through
a personal services contract, within 5 years after the date of the
separation on which the payment is based shall be required to
pay, prior to the individual's first day of employment, the entire
amount of the incentive payment to the agency that paid the
incentive pa)mient.
if) REDUCTION OF AGENCY EMPLOYMENT LEVELS.—

(1) IN GENERAL.—The total number of funded employee
positions in the agency shall be reduced by one position for
each vacancy created by the separation of any employee who

110 STAT. 3009-275

P U B L I C LAW 104-208—SEPT. 30, 1996

has received, or is due to receive, a voluntary separation incentive payment under this section. For the purposes of this subsection, positions shall be counted on a full-time-equivalent
basis.
(2) ENFORCEMENT.—The President, through the Office of
Management and Budget, shall monitor the agency and take
any action necessary to ensure that the requirements of this
subsection are met.
(g) EFFECTIVE DATE.—^This section shall take effect October
1,1996.
SEC. 521. CORRECTION OF EFFECTIVE DATE.—Effective on the

day after the date of enactment of the Health Centers Consolidation
42 u s e 233 note. Act of 1996, section 5 of that Act is amended by striking "October
1, 1997" and inserting "October 1, 1996".
Student Loan
Marketing
Association
Reorganization
Act of 1996.
20 u s e 1001
note.

TITLE VI—REORGANIZATION AND PRIVATIZATION OF
SALLIE MAE AND CONNIE LEE
SEC. 601. SHORT TITLE.

This title may be cited as the "Student Loan Marketing Association Reorganization Act of 1996".
SEC. 602. REORGANIZATION OF THE STUDENT LOAN MARKETING
ASSOCIATION THROUGH THE FORMATION OF A HOLDING
COMPANY.

(a) AMENDMENT.—Part B of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1071 et seq.) is amended by inserting
after section 439 (20 U.S.C. 1087-2) the following new section:
20 u s e 1087-3.

"SEC. 440. REORGANIZATION OF THE STUDENT LOAN MARKETING
ASSOCIATION THROUGH THE FORMATION OF A HOLDING
COMPANY.
"(a) ACTIONS BY THE ASSOCIATION'S BOARD OF DIRECTORS.—

The Board of Directors of the Association shall take or cause to
be taken all such action as the Board of Directors deems necessary
or appropriate to effect, upon the shareholder approval described
in subsection (b), a restructuring of the common stock ownership
of the Association, as set forth in a plan of reorganization adopted
by the Board of Directors (the terms of which shall be consistent
with this section) so that all of the outstanding common shares
of the Association shall be directly owned by a Holding Company.
Such actions may include, in the Board of Director's discretion,
a merger of a wholly owned subsidiary of the Holding Company
with and into the Association, which would have the effect provided
in the plan of reorganization and the law of the jurisdiction in
which such subsidiary is incorporated. As part of the restructuring,
the Board of Directors may cause—
"(1) the common shares of the Association to be converted,
on the reorganization effective date, to common shares of the
Holding Company on a one for one basis, consistent with
applicsmle State or District of Columbia law; and
"(2) Holding Company common shares to be registered
with the Securities and Exchange Commission.
"(b) SHAREHOLDER APPROVAL.—^The plan of reorganization
adopted by the Board of Directors pursuant to subsection (a) shall
be submitted to common shareholders of the Association for their
approval. The reorganization shall occur on the reorganization effective date, provided that the plan of reorganization has been

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-276

approved by the affirmative votes, cast in person or by proxy,
of the holders of a majority of the issued and outstanding shares
of the Association common stock.
"(c) TRANSITION.—In the event the shareholders of the Association approve the plan of reorganization under subsection (b), the
following provisions shall apply beginning on the reorganization
effective date:
"(1) IN GENERAL.—Except as specifically provided in this
section, until the dissolution date the Association shall continue
to have all of the rights, privileges and obligations set forth
in, and shall be subject to all of the limitations and restrictions
of, section 439, and the Association shall continue to carry
out the purposes of such section. The Holding Company and
any subsidiary of the Holding Company (other than the Association) shall not be entitled to any of the rights, privileges,
and obligations, and shall not be subject to the limitations
and restrictions, applicable to the Association under section
439, except as specifically provided in this section. The Holding
Company and any subsidiary of the Holding Company (other
than the Association or a subsidiary of the Association) shall
not purchase loans insured under this Act until such time
as the Association ceases acquiring such loans, except that
the Holding Company may purchase such loans if the Association is merely continuing to acquire loans as a lender of last
resort pursuant to section 439(q) or under an agreement with
the Secretary described in paragraph (6).
"(2) TRANSFER OF CERTAIN PROPERTY.—

"(A) IN GENERAL.—Except as provided in this section,
on the reorganization effective date or as soon as practicable thereafter, the Association shall use the Association's best efforts to transfer to the Holding Company or
any subsidiary of the Holding Company (or both), as
directed by the Holding Company, all real and personal
property of the Association (both tangible and intangible)
other than the remaining property. Subject to the preceding
sentence, such transferred property shall include all right,
title, and interest in—
"(i) direct or indirect subsidiaries of the Association
(excluding special purpose funding companies in existence on the date of enactment of this section and
any interest in any government-sponsored enterprise);
"(ii) contracts, leases, and other agreements of the
Association;
"(iii) licenses and other intellectual property of
the Association; and
"(iv) any other property of the Association.
"(B) CONSTRUCTION.—Nothing in this paragraph shall
be construed to prohibit the Association from transferring
remaining property from time to time to the Holding Company or any subsidiary of the Holding Company, subject
to the provisions of paragraph (4).
"(3) TRANSFER OF PERSONNEL.—On the reorganization effective date, employees of the Association shall become employees
of the Holding Company (or any subsidiary of the Holding
Company), and the Holding Company (or any subsidiary of
the Holding Company) shall provide all necessary and appropriate management and operational support (including loan

110 STAT. 3009-277

PUBLIC LAW 104-208—SEPT. 30, 1996

servicing) to the Association, as requested by the Association.
The Association, however, may obtain such management and
operational support from persons or entities not associated
with the Holding Company.
"(4) DIVIDENDS.—^The Association may pay dividends in
the form of cash or noncash distributions so long as at the
time of the declaration of such dividends, after giving effect
to the payment of such dividends as of the date of such declaration by the Board of Directors of the Association, the Association's capital would be in compliance with the capital standards
and requirements set forth in section 439(r). If, at any time
after the reorganization effective date, the Association fails
to comply with such capital standards, the Holding Company
shall transfer with due diligence to the Association additional
capital in such amounts as are necessary to ensure that the
Association again complies with the capital standards.
"(5) CERTIFICATION PRIOR TO DIVIDEND.—Prior to the payment of any dividend under paragraph (4), the Association
shall certify to the Secretary of the Treasury that the payment
of the dividend will be made in compliance with paragraph
(4) and shall provide copies of all calculations needed to make
such certification.
"(6) RESTRICTIONS ON NEW BUSINESS ACTIVITY OR ACQUISITION OF ASSETS BY ASSOCIATION.—

"(A) IN GENERAL.—^After the reorganization effective
date, the Association shall not engage in any new business
activities or acquire any additional program assets
described in section 439(d) other than in connection with—
"(i) student loan purchases through September 30,
2007;
"(ii)
contractual
commitments
for
future
warehousing advances, or pursuant to letters of credit
or standby bond purchase agreements, which are
outstanding as of the reorganization effective date;
"(iii) the Association serving as a lender-of-lastresort pursuant to section 439(q); and
"(iv) the Association's purchase of loans insured
under this part, if the Secretary, with the approval
of the Secretary of the Treasury, enters into an agreement with the Association for the continuation or
resumption of the Association's secondary market purchase program because the Secretary determines there
is inadequate liquidity for loans made under this part.
"(B) AGREEMENT.—The Secretary is authorized to enter
into an agreement described in clause (iv) of subparagraph
(A) with the Association covering such secondary market
activities. Any agreement entered into under such clause
shall cover a period of 12 months, but may be renewed
if the Secretary determines that liquidity remains inadequate. The fee provided under section 439(h)(7) shall not
apply to loans acquired under any such agreement with
the Secretary.
"(7) ISSUANCE OF DEBT OBLIGATIONS DURING THE TRANSITION PERIOD; ATTRIBUTES OF DEBT OBLIGATIONS.—^After the

reorganization effective date, the Association shall not issue
debt obligations which mature later than September 30, 2008,
except in connection with serving as a lender-of-last-resort

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-278

pursuant to section 439(q) or with purchasing loans under
an agreement with the Secretary as described in paragraph
(6). Nothing in this section shall modify the attributes accorded
the debt obligations of the Association by section 439, regardless
of whether such debt obligations are incurred prior to, or at
any time following, the reorganization effective date or are
transferred to a trust in accordance with subsection (d).
"(8) MONITORING OF SAFETY AND SOUNDNESS.—
"(A) OBLIGATION TO OBTAIN, MAINTAIN, AND REPORT

INFORMATION.—The Association shall obtain such information and make and keep such records as the Secretary
of the Treasury may from time to time prescribe concerning—
"(i) the financial risk to the Association resulting
from the activities of any associated person, to the
extent such activities are reasonably likely to have
a material impact on the financial condition of the
Association, including the Association's capital ratio,
the Association's liquidity, or the Association's ability
to conduct and finance the Association's operations;
and
"(ii) the Association's policies, procedures, and systems for monitoring and controlling any such financial
risk.
"(B) SUMMARY REPORTS.—^The Secretary of the Treasury may require summary reports of the information
described in subparagraph (A) to be filed no more frequently than quarterly. If, as a result of adverse market
conditions or based on reports provided pursuant to this
subparagraph or other available information, the Secretary
of the Treasury has concerns regarding the financial or
operational condition of the Association, the Secretary of
the Treasury may, notwithstanding the preceding sentence
and subparagraph (A), require the Association to make
reports concerning the activities of any associated person
whose business activities are reasonably likely to have
a material impact on the financial or operational condition
of the Association.
"(C) SEPARATE OPERATION OF CORPORATIONS.—

"(i) I N GENERAL.—The funds and assets of the
Association shall at all times be maintained separately
from the funds and assets of the Holding Company
or any subsidiary of the Holding Company and may
be used by the Association solely to carry out the
Association's purposes and to fulfill the Association's
obligations.
"(ii) BOOKS AND RECORDS.—^The Association shall

maintain books and records that clearly reflect the
assets and liabilities of the Association, separate from
the assets and liabilities of the Holding Company or
any subsidiary of the Holding Company.
"(iii) CORPORATE OFFICE.—The Association shall
maintain a corporate office that is physically separate
from any office of the Holding Company or any subsidiary of the Holding Company.
"(iv) DIRECTOR.—No director of the Association
who is appointed by the President pursuant to section

110 STAT. 3009-279

PUBLIC LAW 104-208—SEPT. 30, 1996
439(c)(1)(A) may serve as a director of the Holding
Company.
"(v) ONE OFFICER REQUIREMENT.—At least one officer of the Association shall be an officer solely of the
Association.
"(vi) TRANSACTIONS.—^Transactions between the
Association and the Holding Company or any subsidiary of the Holding Company, including any loan servicing arrangements, shall be on terms no less favorable
to the Association than the Association could obtain
from an unrelated third party offering comparable services.
"(vii) CREDIT PROHIBITION.—The Association shall
not extend credit to the Holding Company or any
subsidiary of the Holding Company nor guarantee or
provide any credit enhancement to any debt obligations
of the Holding Company or any subsidiary of the Holding Company.
"(viii) AMOUNTS COLLECTED.—Any amounts collected on behalf of the Association by the Holding
Company or any subsidiary of the Holding Company
with respect to the assets of the Association, pursuant
to a servicing contract or other arrangement between
the Association and the Holding Company or any
subsidiary of the Holding Company, shall be collected
solely for the benefit of the Association and shall be
immediately deposited by the Holding Company or
such subsidiary to an account under the sole control
of the Association.
"(D) ENCUMBRANCE OF ASSETS.—Notwithstanding any

Federal or State law, rule, or regulation, or legal or equitable principle, doctrine, or theory to the contrary, under
no circumstances shall the assets of the Association be
available or used to pay claims or debts of or incurred
by the Holding Company. Nothing in this subparagraph
shall be construed to limit the right of the Association
to pay dividends not otherwise prohibited under this
subparagraph or to limit any liability of the Holding Company explicitly provided for in this section.
"(E) HOLDING COMPANY ACTIVITIES.—After the reorga-

nization effective date and prior to the dissolution date,
all business activities of the Holding Company shall be
conducted through subsidiaries of the Holding Company.
"(F) CONFIDENTIALITY.—^Any information provided by
the Association pursuant to this section shall be subject
to the same confidentiality obligations contained in section
439(r)(12).
"(G) DEFINITION.—For purposes of this paragraph, the
term 'associated person' means any person, other than
a natural person, who is directly or indirectly controlling,
controlled by, or under common control with, the Association.
"(9) ISSUANCE OF STOCK WARRANTS.—

"(A) IN GENERAL.—On the reorganization effective date,
the Holding Company shall issue to the District of Columbia Financial Responsibility and Management Assistance
Authority a number of stock warrants that is equal to

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-280

one percent of the outstanding shares of the Association,
determined as of the last day of the fiscal quarter preceding
the date of enactment of this section, with each stock
warrant entitling the holder of the stock warrant to purchase from the Holding Company one share of the registered common stock of the Holding Company or the Holding Company's successors or assigns, at any time on or
before September 30, 2008. The exercise price for such
warrants shall be an amount equal to the average closing
price of the common stock of the Association for the 20
business days prior to the date of enactment of this section
on the exchange or market which is then the primary
exchange or market for the common stock of the Association. The number of shares of Holding Company common
stock subject to each stock warrant and the exercise price
of each stock warrant shall be adjusted as necessary to
reflect—
"(i) the conversion of Association common stock
into Holding Company common stock as part of the
plan of reorganization approved by the Association's
shareholders; and
"(ii) any issuance or sale of stock (including issuance or sale of treasury stock), stock split, recapitalization, reorganization, or other corporate event, if agreed
to by the Secretary of the Treasury and the Association.
"(B) AUTHORITY TO SELL OR EXERCISE STOCK WARRANTS;

DEPOSIT OF PROCEEDS.—The District of Columbia Financial
Responsibility and Management Assistance Authority is
authorized to sell or exercise the stock warrants described
in subparagraph (A). The District of Columbia Financial
Responsibility and Management Assistance Authority shall
deposit into the account established under section 3(e) of
the Student Loan Marketing Association Reorganization
Act of 1996 amounts collected from the sale and proceeds
resulting from the exercise of the stock warrants pursuant
to this subparagraph.
"(10)

RESTRICTIONS ON TRANSFER OF ASSOCIATION SHARES

AND BANKRUPTCY OF ASSOCIATION.—After the reorganization
effective date, the Holding Company shall not sell, pledge,
or otherwise transfer the outstanding shares of the Association,
or agree to or cause the liquidation of the Association or cause
the Association to file a petition for bankruptcy under title
11, United States Code, without prior approval of the Secretary
of the Treasury and the Secretary of Education.
"(d) TERMINATION OF THE ASSOCIATION.—In the event the shareholders of the Association approve a plan of reorganization under
subsection (b), the Association shall dissolve, and the Association's
separate existence shall terminate on September 30, 2008, after
discharge of all outstanding debt obligations and liquidation pursuant to this subsection. The Association may dissolve pursuant to
this subsection prior to such date by notif5dng the Secretary of
Education and the Secretary of the Treasury of the Association's
intention to dissolve, unless within 60 days after receipt of such
notice the Secretary of Education notifies the Association that the
Association continues to be needed to serve as a lender of last
resort pursuant to section 439(q) or continues to be needed to
purchase loans under an agreement with the Secretary described

110 STAT. 3 0 0 9 - 2 8 1

PUBLIC LAW 104-208—SEPT. 30, 1996

in subsection (c)(6). On the dissolution date, the Association shall
take the following actions:
"(1) ESTABLISHMENT OF A TRUST.—^The Association shall,
under the terms of an irrevocable trust agreement that is
in form and substance satisfactory to the Secretary of the
Treasury, the Association and the appointed trustee, irrevocably
transfer all remaining obligations of the Association to the
trust and irrevocably deposit or cause to be deposited into
such trust, to be held as trust funds solely for the benefit
of holders of the remaining obligations, money or direct noncallable obligations of the United States or any agency thereof
for which payment the full faith and credit of the United
States is pledged, maturing as to principal and interest in
such amounts and at such times as are determined by the
Secretary of the Treasury to be sufficient, without consideration
of any significant reinvestment of such interest, to pay the
principal of, and interest on, the remaining obligations in
accordance with their terms. To the extent the Association
cannot provide money or qualifying obligations in the amount
required, the Holding Company shall be required to transfer
money or qualifying obligations to the trust in the amount
necessary to prevent any deficiency.
"(2) U S E OF TRUST ASSETS.—^All money, obligations, or

financial assets deposited into the trust pursuant to this subsection shall be applied by the trustee to the payment of the
remaining obligations assumed by the trust.
"(3) OBLIGATIONS NOT TRANSFERRED TO THE TRUST.—^The

Association shall make proper provision for all other obligations
of the Association not transferred to the trust, including the
repurchase or redemption, or the making of proper provision
for the repurchase or redemption, of any preferred stock of
the Association outstanding. Any obligations of the Association
which cannot be fully satisfied shall become liabilities of the
Holding Company as of the date of dissolution.
"(4) TRANSFER OF REMAINING ASSETS.—After compliance
with paragraphs (1) and (3), any remaining assets of the trust
shall be transferred to the Holding Company or any subsidiary
of the Holding Company, as directed by the Holding Company.
"(e) OPERATION OF THE HOLDING COMPANY.—In the event the
shareholders of the Association approve the plan of reorganization
under subsection (b), the following provisions shall apply beginning
on the reorganization effective date:
"(1) HOLDING COMPANY BOARD OF DIRECTORS.—^The number
of members and composition of the Board of Directors of the
Holding Company shall be determined as set forth in the Holding Companys charter or like instrument (as amended from
time to time) or bylaws (as amended from time to time) and
as permitted under the laws of the jurisdiction of the Holding
Company's incorporation.
"(2) HOLDING COMPANY NAME.—^The names of the Holding
Company and any subsidiary of the Holding Company (other
than the Association)—
"(A) may not contain the name 'Student Loan Marketing Association'; and
"(B) may contain, to the extent permitted by applicable
State or District of Columbia law, 'Sallie Mae' or variations
thereof, or such other names as the Board of Directors

P U B L I C LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-282

of the Association or the Holding Company deems appropriate.
"(3) U S E OF SALLIE MAE NAME.—Subject to paragraph (2),

the Association may assign to the Holding Company, or any
subsidiary of the Holding Company, the 'Sallie Mae' name
as a trademark or service mark, except that neither the Holding
Company nor any subsidiary of the Holding Company (other
than the Association or any subsidiary of the Association) may
use the 'Sallie Mae' name on, or to identify the issuer of,
any debt obligation or other security offered or sold by the
Holding Company or any subsidiary of the Holding Company
(other than a debt obligation or other security issued to and
held by the Holding Company or any subsidiary of the Holding
Company). The Association shall remit to the account established under section 3(e) of the Student Loan Marketing
Association Reorganization Act of 1996, $5,000,000, within 60
days of the reorganization effective date as compensation for
the right to assign the 'Sallie Mae' name as a trademark
or service mark.
"(4) DISCLOSURE REQUIRED.—Until 3 years after the dissolution date, the Holding Company, and any subsidiary of
the Holding Company (other than the Association), shall prominently display—
"(A) in any document offering the Holding Company's
securities, a statement that the obligations of the Holding
Company and any subsidiary of the Holding Company are
not guaranteed by the full faith and credit of the United
States; and
"(B) in any advertisement or promotional materials
which use the 'Sallie Mae' name or mark, a statement
that neither the Holding Company nor any subsidiary of
the Holding Company is a government-sponsored enterprise
or instrumentality of the United States.
"(f) STRICT CONSTRUCTION.—Except as specifically set forth in
this section, nothing in this section shall be construed to limit
the authority of the Association as a federally chartered corporation,
or of the Holding Company as a State or District of Columbia
chartered corporation.
"(g) RIGHT T O ENFORCE.—The Secretary of Education or the

Secretary of the Treasury, as appropriate, may request that the
Attorney CJeneral bring an action in the United States District
Court for the District of Columbia for the enforcement of any
provision of this section, or may, under the direction or control
of the Attorney General, bring such an action. Such court shall
have jurisdiction and power to order and require compliance with
this section.
"(h) DEADLINE FOR REORGANIZATION EFFECTIVE DATE.—^This

section shall be of no further force and effect in the event that
the reorganization effective date does not occur on or before 18
months after the date of enactment of this section.
"(i) DEFINITIONS.—For purposes of this section:
"(1) ASSOCIATION.—The term 'Association' means the Student Loan Marketing Association.
"(2) DISSOLUTION DATE.—^The term 'dissolution date' means
September 30, 2008, or such earlier date as the Secretary
of Education permits the transfer of remaining obligations in
accordance with subsection (d).

110 STAT. 3 0 0 9 - 2 8 3

PUBLIC LAW 104-208—SEPT. 30, 1996

"(3) HOLDING COMPANY.—The term 'Holding Company'
means the new business corporation established pursuant to
this section by the Association under the laws of any State
of the United States or the District of Columbia for the purposes
of the reorganization and restructuring described in subsection
(a).
"(4) REMAINING OBLIGATIONS.—The term 'remaining obligations' means the debt obligations of the Association outstanding
as of the dissolution date.
"(5) REMAINING PROPERTY.—^The term 'remaining property'
means the following assets and liabilities of the Association
which are outstanding as of the reorganization effective date:
"(A) Debt obligations issued by the Association.
"(B) Contracts relating to interest rate, currency, or
commodity positions or protections.
"(C) Investment securities owned by the Association.
"(D) Any instruments, assets, or agreements described
in section 439(d) (including, without limitation, all student
loans and agreements relating to the purchase and sale
of student loans, forward purchase and lending commitments, warehousing advances, academic facilities obligations, letters of credit, standby bond purchase agreements,
liquidity agreements, and student loan revenue bonds or
other loans).
"(E) Except as specifically prohibited by this section
or section 439, any other nonmaterial assets or liabilities
of the Association which the Association's Board of Directors determines to be necessary or appropriate to the
Association's operations.
"(6) REORGANIZATION.—^The term 'reorganization' means
the restructuring event or events (including any merger event)
giving effect to the Holding Company structure described in
subsection (a).
"(7) REORGANIZATION EFFECTIVE DATE.—^The term 'reorganization effective date' means the effective date of the reorganization as determined by the Board of Directors of the Association, which shall not be earlier than the date that shareholder
approval is obtained pursuant to subsection (b) and shall not
be later than the date that is 18 months after the date of
enactment of this section.
"(8) SUBSIDIARY.—^The term 'subsidiary* means one or more
direct or indirect subsidiaries.",
(b) TECHNICAL AMENDMENTS.—
(1) ELIGIBLE LENDER.—
(A) AMENDMENTS TO THE HIGHER EDUCATION ACT.—
(i) DEFINITION OF ELIGIBLE LENDER.—Section

435(d)(1)(F) of the Higher Education Act of 1965 (20
U.S.C. 1085(d)(1)(F)) is amended by inserting after
"Student Loan Marketing Association" the following:
"or the Holding Company of the Student Loan Marketing Association, including any subsidiary of the Holding Company, created pursuant to section 440,".
(ii) DEFINITION OF ELIGIBLE LENDER AND FEDERAL
CONSOLIDATION LOANS.—Sections 435(d)(1)(G) and

428C(a)(l)(A) of such Act (20 U.S.C. 1085(d)(1)(G) and
1078-3(a)(l)(A)) are each amended by inserting after
"Student Loan Marketing Association" the following:

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-284

"or the Holding Company of the Student Loan Marketing Association, including any subsidiary of the Holding Company, created pursuant to section 440".
(B) EFFECTIVE DATE.—The amendments made by this 20 use 1078-3
paragraph shall take effect on the reorganization effective ^^ote.
date as defined in section 440(h) of the Higher Education
Act of 1965 (as added by subsection (a)).
(2)

ENFORCEMENT OF SAFETY AND SOUNDNESS REQUIRE-

MENTS.—nSection 439(r) of the Higher Education Act of 1965
(20 U.S.C. 1087-2(r)) is amended—
(A) in the first sentence of paragraph (12), by inserting
"or the Association's associated persons" after "by the
Association";
(B) by redesignating paragraph (13) as paragraph (15);
and
(C) by inserting after paragraph (12) the following
new paragraph:
"(13)

ENFORCEMENT OF SAFETY AND SOUNDNESS REQUIRE-

MENTS.—^The Secretary of Education or the Secretary of the
Treasury, as appropriate, may request that the Attorney General bring an action in the United States District Court for
the District of Columbia for the enforcement of any provision
of this section, or may, under the direction or control of the
Attorney General, bring such an action. Such court shall have
jurisdiction and power to order and require compliance with
this section.".
(3) FINANCIAL SAFETY AND SOUNDNESS.—Section 439(r) of
the Higher Education Act of 1965 (20 U.S.C. 1087-2(r)) is
further amended—
(A) in paragraph (1)—
(i) by striking "and" at the end of subparagraph
(A);
(ii) by striking the period at the end of subparagraph (B) and inserting "; and"; and
(iii) by adding at the end the following new
subparagraph:
"(C)(i) financial statements of the Association within
45 days of the end of each fiscal quarter; and
"(ii) reports setting forth the calculation of the capital
ratio of the Association within 45 days of the end of each
fiscal quarter.";
(B) in paragraph (2)—
(i) by striking clauses (i) and (ii) of subparagraph
(A) and inserting the following:
"(i) appoint auditors or examiners to conduct audits
of the Association from time to time to determine the
condition of the Association for the purpose of assessing
the Association's financial safety and soundness and to
determine whether the requirements of this section and
section 440 are being met; and
"(ii) obtain the services of such experts as the Secretary
of the Treasury determines necessary and appropriate, as
authorized by section 3109 of title 5, United States Code,
to assist in determining the condition of the Association
for the purpose of assessing the Association's financial
safety and soundness, and to determine whether the

110 STAT. 3009-285

PUBLIC LAW 104-208—SEPT. 30, 1996
requirements of this section and section 440 are being
met."; and
(ii) by adding at the end the following new
subparagraph:
"(D) ANNUAL ASSESSMENT.—

"(i) I N GENERAL.—For each fiscal year beginning on
or after October 1, 1996, the Secretary of the Treasury
may establish and collect from the Association an assessment (or assessments) in amounts sufficient to provide
for reasonable costs and expenses of carrying out the duties
of the Secretary of the Treasury under this section and
section 440 during such fiscal year. In no event may the
total amount so assessed exceed, for any fiscal year,
$800,000, adjusted for each fiscal year ending after September 30, 1997, by the ratio of the Consumer Price Index
for All Urban Consumers (issued by the Bureau of Labor
Statistics) for the final month of the fiscal year preceding
the fiscal year for which the assessment is made to the
Consumer Price Index for All Urban Consumers for
September 1997.
"(ii) DEPOSIT.—^Amounts collected from assessments
under this subparagraph shall be deposited in an account
within the Treasury of the United States as designated
by the Secretary of the Treasury for that purpose. The
Secretary of the Treasury is authorized and directed to
pay out of any fiinds available in such account the reasonable costs and expenses of carrying out the duties of the
Secretary of the Treasury under this section and section
440. None of the funds deposited into such account shall
be available for any purpose other than making pa3niients
for such costs and expenses."; and
(C) by inserting after paragraph (13) (as added by
paragraph (2)(C)) the following new paragraph:
"(14) ACTIONS BY SECRETARY.—

"(A) IN GENERAL.—For any fiscal quarter ending after
January 1, 2000, the Association shall have a capital ratio
of at least 2.25 percent. The Secretary of the Treasury
may, whenever such capital ratio is not met, take any
one or more of the actions described in paragraph (7),
except that—
"(i) the capital ratio to be restored pursuant to
paragraph (7)(D) shall be 2.25 percent; and
"(ii) if the relevant capital ratio is in excess of
or equal to 2 percent for such quarter, the Secretary
of the Treasury shall defer taking any of the actions
set forth in paragraph (7) until the next succeeding
quarter and may then proceed with any such action
only if the capital ratio of the Association remains
below 2.25 percent.
"(B) APPLICABILITY.—^The provisions of paragraphs (4),
(5), (6), (8), (9), (10), and (11) shall be of no further application to the Association for any period after January 1,
2000.".
(4) INFORMATION REQUIRED; DIVIDENDS.—Section 439(r) of
the Higher Education Act of 1965 (20 U.S.C. 1087-2(r)) is
further amended—

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-286

(A) by adding at the end of paragraph (2) (as amended
in paragraph (3)(B)(ii)) the following new subparagraph:
"(E)

OBLIGATION

TO OBTAIN,

MAINTAIN,

AND REPORT

INFORMATION.—
"(i) I N GENERAL.—^The Association shall obtain such
information and make and keep such records as the Secretary of the Treasury may from time to time prescribe
concerning—
"(I) the financial risk to the Association resulting
from the activities of any associated person, to the
extent such activities are reasonably likely to have
a material impact on the financial condition of the
Association, including the Association's capital ratio,
the Association's liquidity, or the Association's ability
to conduct and finance the Association's operations;
and
"(II) the Association's policies, procedures, and systems for monitoring and controlling any such financial
risk.
"(ii) SUMMARY REPORTS.—The Secretary of the Treasury may require summary reports of such information to
be filed no more frequently than quarterly. If, as a result
of adverse market conditions or based on reports provided
pursuant to this subparagraph or other available information, the Secretary of the Treasury has concerns regarding
the financial or operational condition of the Association,
the Secretary of the Treasury may, notwithstanding the
preceding sentence and clause (i), require the Association
to make reports concerning the activities of any associated
person, whose business activities are reasonably likely to
have a material impact on the financial or operational
condition of the Association.
"(iii) DEFINITION.—For purposes of this subparagraph,
the term 'associated person' means any person, other than
a natural person, directly or indirectly controlling, controlled by, or under common control with the Association.";
and
(B) by adding at the end the following new paragraphs:
"(16) DIVIDENDS.—The Association may pay dividends in
the form of cash or noncash distributions so long as at the
time of the declaration of such dividends, after giving effect
to the payment of such dividends as of the date of such declaration by the Board of Directors of the Association, the Association's capital would be in compliance with the capital standards
set forth in this section.
"(17) CERTIFICATION PRIOR TO PAYMENT OF DIVIDEND.—

Prior to the payment of any dividend under paragraph (16),
the Association shall certify to the Secretary of the Treasury
that the payment of the dividend will be made in compliance
with paragraph (16) and shall provide copies of all calculations
needed to make such certification.".
(c) SUNSET OF THE ASSOCIATION'S CHARTER IF N O REORGANIZATION PLAN OCCURS.—Section 439 of the Higher Education Act of

1965 (20 U.S.C. 1087-2) is amended by adding at the end the
following new subsection:
"(s) CHARTER SUNSET.—

29-194 O - 96 - 15 : QL 3 Part 4

110 STAT. 3009-287

PUBLIC LAW 104-208—SEPT. 30, 1996

"(1) APPLICATION OF PROVISIONS.—This subsection applies
beginning 18 months and one day after the date of enactment
of this subsection if no reorganization of the Association occurs
in accordance with the provisions of section 440.
"(2) SUNSET PLAN.—
"(A) PLAN SUBMISSION BY THE ASSOCIATION.—Not

later
than July 1, 2007, the Association shall submit to the
Secretary of the Treasury and to the Chairman and Ranking Member of the Committee on Labor and Human
Resources of the Senate and the Chairman and Ranking
Member of the Committee on Economic and Educational
Opportunities of the House of Representatives, a detailed
plan for the orderly winding up, by July 1, 2013, of business
activities conducted pursuant to the charter set forth in
this section. Such plan shall—
"(i) ensure that the Association will have adequate
assets to transfer to a trust, as provided in this subsection, to ensure full payment of remaining obligations
of the Association in accordance with the terms of
such obligations;
"(ii) provide that all assets not used to pay liabilities shall be distributed to shareholders as provided
in this subsection; and
"(iii) provide that the operations of the Association
shall remain separate and distinct from that of any
entity to which the assets of the Association are transferred.
"(B) AMENDMENT OF THE PLAN BY THE ASSOCIATION.—

The Association shall from time to time amend such plan
to reflect changed circumstances, and submit such amendments to the Secretary of the Treasury and to the Chairman and Ranking Minority Member of the Committee on
Labor and Human Resources of the Senate and Chairman
and Ranking Minority Member of the Committee on Economic and Educational Opportunities of the House of Representatives. In no case may any amendment extend the
date for full implementation of the plan beyond the dissolution date provided in paragraph (3).
"(C) PLAN MONITORING.—^The Secretary of the Treasury

shall monitor the Association's compliance with the plan
and shall continue to review the plan (including any amendments thereto).
"(D) AMENDMENT OF THE PLAN BY THE SECRETARY OF

THE TREASURY.—The Secretary of the Treasury may require
the Association to amend the plan (including any amendments to the plan), if the Secretary of the Treasury deems
such amendments necessary to ensure full payment of all
obligations of the Association.
"(E)

IMPLEMENTATION

BY THE ASSOCIATION.—The

Association shall promptly implement the plan (including
any amendments to the plan, whether such amendments
are made by the Association or are required to be made
by the Secretary of the Treasury).
"(3) DISSOLUTION OF THE ASSOCIATION.—^The Association

shall dissolve and the Association's separate existence shall
terminate on July 1, 2013, after discharge of all outstanding
debt obligations and liquidation pursuant to this subsection.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-288

The Association may dissolve pursuant to this subsection prior
to such date by notifying the Secretary of Education and the
Secretary of the Treasury of the Association's intention to dissolve, unless within 60 days of receipt of such notice the Secretary of Education notifies the Association that the Association
continues to be needed to serve as a lender of last resort
pursuant to subsection (q) or continues to be needed to purchase
loans under an agreement with the Secretary described in
paragraph (4)(A). On the dissolution date, the Association shall
take the following actions:
"(A) ESTABLISHMENT OF A TRUST.—The Association
shall, under the terms of an irrevocable trust agreement
in form and substance satisfactory to the Secretary of the
Treasury, the Association, and the appointed trustee, irrevocably transfer all remaining obligations of the Association
to a trust and irrevocably deposit or cause to be deposited
into such trust, to be held as trust funds solely for the
benefit of holders of the remaining obligations, money or
direct noncallable obligations of the United States or any
agency thereof for which pajnnent the full faith and credit
of the United States is pledged, maturing as to principal
and interest in such amounts and at such times as are
determined by the Secretary of the Treasury to be sufficient, without consideration of any significant reinvestment
of such interest, to pay the principal of, and interest on,
the remaining obligations in accordance with their terms.
"(B) U S E OF TRUST ASSETS.—All money, obligations,

or financial assets deposited into the trust pursuant to
this subsection shall be applied by the trustee to the payment of the remaining obligations assumed by the trust.
Upon the fulfillment of the trustee's duties under the trust,
any remaining assets of the trust shall be transferred to
the persons who, at the time of the dissolution, were the
shareholders of the Association, or to the legal successors
or assigns of such persons.
"(C) OBLIGATIONS NOT TRANSFERRED TO THE TRUST.—

The Association shall make proper provision for all other
obligations of the Association, including the repurchase
or redemption, or the making of proper provision for the
repurchase or redemption, of any preferred stock of the
Association outstanding.
"(D) TRANSFER OF REMAINING ASSETS.—After compliance with subparagraphs (A) and (C), the Association shall
transfer to the shareholders of the Association any remaining assets of the Association.
"(4) RESTRICTIONS RELATING TO WINDING UP.—
"(A) RESTRICTIONS ON NEW BUSINESS ACTIVITY OR
ACQUISITION OF ASSETS BY THE ASSOCIATION.—

"(i) IN GENERAL.—Beginning on July 1, 2009, the
Association shall not engage in any new business
activities or acquire any additional program assets
(including acquiring assets pursuant to contractual
commitments) described in subsection (d) other than
in connection with the Association—
"(I) serving as a lender of last resort pursuant
to subsection (q); and

110 STAT. 3009-289

PUBLIC LAW 104-208—SEPT. 30, 1996
"(11) purchasing loans insured under this part,
if the Secretary, with the approval of the Secretary
of the Treasury, enters into an agreement with
the Association for the continuation or resumption
of the Association's secondary market purchase
program because the Secretary determines there
is inadequate liquidity for loans made under this
part.
"(ii) AGREEMENT.—^The Secretary is authorized to
enter into an agreement described in subclause (II)
of clause (i) with the Association covering such secondary market activities. Any agreement entered into
under such subclause shall cover a period of 12 months,
but may be renewed if the Secretary determines that
liquidity remains inadequate. The fee provided under
subsection (h)(7) shall not apply to loans acquired
under any such agreement with the Secretary.
UP

"(B) ISSUANCE OF DEBT OBLIGATIONS DURING THE WIND
PERIOD; ATTRIBUTES OF DEBT OBLIGATIONS.—The

Association shall not issue debt obligations which mature
later than July 1, 2013, except in connection with serving
as a lender of last resort pursuant to subsection (q) or
with purchasing loans under an agreement with the Secretary as described in subparagraph (A). Nothing in this
subsection shall modify the attributes accorded the debt
obligations of the Association by this section, regardless
of whether such debt obligations are transferred to a trust
in accordance with paragraph (3).
"(C) U S E OF ASSOCIATION NAME.—^The Association may

not transfer or permit the use of the name 'Student Loan
Marketing Association', 'Sallie Mae', or any variation
thereof, to or by any entity other than a subsidiary of
the Association.",
(d) REPEALS.—

20USC1087-2
note.

20 use 1087-2
note.

(1) I N GENERAL.—Sections 439 of the Higher Education
Act of 1965 (20 U.S.C. 1087-2) and 440 of such Act (as added
by subsection (a) of this section) are repealed.
(2) EFFECTIVE DATE.—^The repeals made by paragraph (1)
shall be effective one year after—
(A) the date on which all of the obligations of the
trust established under section 440(d)(1) of the Higher
Education Act of 1965 (as added by subsection (a)) have
been extinguished, if a reorganization occurs in accordance
with section 440 of such Act; or
(B) the date on which all of the obligations of the
trust established under subsection 439(s)(3)(A) of such Act
(as added by subsection (c)) have been extinguished, if
a reorganization does not occur in accordance with section
440 of such Act.
(e) ASSOCIATION NAMES.—^Upon dissolution in accordance with
section 439(s) of the Higher Education Act of 1965 (20 U.S.C.
1087-2), the names "Student Loan Marketing Association", "Sallie
Mae", and any variations thereof may not be used by any entity
engaged in any business similar to the business conducted pursuant
to section 439 of such Act (as such section was in effect on the
date of enactment of this Act) without the approval of the Secretary
of the Treasury.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-290

(f) RIGHT TO E>fFORCE.—^The Secretary of Education or the 20 USC 1087-2
Secretary of the Treasury, as appropriate, may request that the note.
Attorney General bring an action in the United States District
Court for the District of Columbia for the enforcement of any
provision of subsection (e), or may, under the direction or control
of the Attorney General, bring such an action. Such court shall
have jurisdiction and power to order and require compliance with
subsection (e).
SEC. 603. CONNIE LEE PRIVATIZATION.

20 USC
1132f—10

(a) STATUS OF THE CORPORATION AND CORPORATE POWERS;
OBLIGATIONS N O T FEDERALLY GUARANTEED.—
(1) STATUS OF THE CORPORATION.—^The Corporation shall

not be an agency, instrumentality, or establishment of the
United States Government, nor a Government corporation, nor
a Government controlled corporation, as such terms are defined
in section 103 of title 5, United States Code. No action under
section 1491 of title 28, United States Code (commonly known
as the Tucker Act) shall be allowable against the United States
based on the actions of the Corporation.
(2) CORPORATE POWERS.—^The Corporation shall be subject
to the provisions of this section, and, to the extent not inconsistent with this section, to the District of Columbia Business
Corporation Act (or the comparable law of another State, if
applicable). The Corporation shall have the powers conferred
upon a corporation by the District of Columbia Business Corporation Act (or such other applicable State law) as from time
to time in effect in order to conduct the Corporation's affairs
as a private, for-profit corporation and to carry out the Corporation's purposes and activities incidental thereto. The Corporation shall have the power to enter into contracts, to execute
instruments, to incur liabilities, to provide products and services, and to do all things as are necessary or incidental to
the proper management of the Corporation's affairs and the
efficient operation of a private, for-profit business.
(3) LIMITATION ON OWNERSHIP OF STOCK.—
(A) STUDENT LOAN MARKETING ASSOCLATION.—^The

Student Loan Marketing Association shall not increase its
share of the ownership of the Corporation in excess of
42 percent of the shares of stock of the Corporation
outstanding on the date of enactment of this Act. The
Student Loan Marketing Association shall not control the
operation of the Corporation, except that the Student Loan
Marketing Association may participate in the election of
directors as a shareholder, and may continue to exercise
the Student Loan Marketing Association's right to appoint
directors under section 754 of the Higher Education Act
of 1965 (20 U.S.C. 1132f-3) as long as that section is
in effect.
(B) PROHIBITION.—^Until such time as the Secretary
of the Treasury sells the stock of the Corporation owned
by the Secretary of Education pursuant to subsection (c),
the Student Loan Marketing Association shall not provide
financial support or guarantees to the Corporation.
(C)

FINANCLVL SUPPORT OR GUARANTEES.—^After

the

Secretary of the Treasury sells the stock of the Corporation
owned by the Secretary of Education pursuant to subsection

110 STAT. 3 0 0 9 - 2 9 1

PUBLIC LAW 104-208—SEPT. 30, 1996
(c), the Student Loan Marketing Association may provide
financial support or guarantees to the Corporation, if such
support or guarantees are subject to terms and conditions
that are no more advantageous to the Corporation than
the terms and conditions the Student Loan Marketing
Association provides to other entities, including, where
applicable, other monoline financial guaranty corporations
in which the Student Loan Marketing Association has no
ownership interest.
(4) N o FEDERAL GUARANTEE.—
(A) OBLIGATIONS INSURED BY THE CORPORATION.—
(i) FULL FAITH AND CREDIT OF THE UNITED

STATES.—No obligation that is insured, guaranteed, or
otherwise backed by the Corporation shall be deemed
to be an obligation that is guaranteed by the full
faith and credit of the United States.
(ii) STUDENT LOAN MARKETING ASSOCIATION.—^No

obligation that is insured, guaranteed, or otherwise
backed by the Corporation shall be deemed to be an
obligation that is guaranteed by the Student Loan
Marketing Association.
(iii) SPECIAL RULE.—^This paragraph shall not
affect the determination of whether such obligation
is guaranteed for purposes of Federal income taxes.
(B) SECURITIES OFFERED BY THE CORPORATION.—No

debt or equity securities of the Corporation shall be deemed
to be guaranteed by the full faith and credit of the United
States.
(5) DEFINITION.—The term "Corporation" as used in this
section means the College Construction Loan Insurance
Association as in existence on the day before the date of enactment of this Act, and any successor corporation.
(b) RELATED PRIVATIZATION REQUIREMENTS.—
(1) NOTICE REQUIREMENTS.—

(A) IN GENERAL.—During the six-year period following
the date of enactment of this Act, the Corporation shall
include, in each of the Corporation's contracts for the insurance, guarantee, or reinsurance of obligations, and in each
document offering debt or equity securities of the Corporation, a prominent statement providing notice that—
(i) such obligations or such securities, as the case
may be, are not obligations of the United States, nor
are such obligations or such securities, as the case
may be, guaranteed in any way by the full faith and
credit of the United States; and
(ii) the Corporation is not an instrumentality of
the United States.
(B) ADDITIONAL NOTICE.—During the five-year period

following the sale of stock pursuant to subsection (c)(1),
in addition to the notice requirements in subparagraph
(A), the Corporation shall include, in each of the contracts
and documents referred to in such subparagraph, a prominent statement providing notice that the United States
is not an investor in the Corporation.
(2) CORPORATE CHARTER.—^The Corporation's charter shall
be amended as necessary and without delay to conform to
the requirements of this section.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-292

(3) CORPORATE NAME.—The name of the Corporation, or
of any direct or indirect subsidiary thereof, may not contain
the term "College Construction Loan Insurance Association",
or any substantially similar variation thereof.
(4) ARTICLES OF INCORPORATION.—^The Corporation shall
amend the Corporation's articles of incorporation without delay
to reflect that one of the purposes of the Corporation shall
be to guarantee, insure, and reinsure bonds, leases, and other
evidences of debt of educational institutions, including Historically Black Colleges and Universities and other academic
institutions which are ranked in the lower investment grade
category using a nationally recognized credit rating system.
(5) REQUIREMENTS UNTIL STOCK SALE.—Notwithstanding

subsection (d), the requirements of sections 754 and 760 of
the Higher Education Act of 1965 (20 U.S.C. 1132f-3 and
1132f-9), as such sections were in effect on the day before
the date of enactment of this Act, shall continue to be effective
until the day immediately following the date of closing of the
purchase of the Secretary of Education's stock (or the date
of closing of the final purchase, in the case of multiple transactions) pursuant to subsection (c)(1) of this Act.
(c) SALE OF FEDERALLY OWNED STOCK.—
(1) PURCHASE BY THE CORPORATION.—The Secretary of the

Treasury shall sell and the Corporation shall purchase, within
90 days after the date of enactment of this Act, the stock
of the Corporation held by the Secretary of Education at a
price determined by the binding, independent appraisal of a
nationally recognized financial firm, except that the 90-day
period may be extended by mutual agreement of the Secretary
of the Treasury and the Corporation to not more than 150
days after the date of enactment of this Act. The appraiser
shall be jointly selected by the Secretary of the Treasury and
the Corporation. In the event that the Secretary of the Treasury
and the Corporation cannot agree on the appraiser, then the
Secretary of the Treasury and the Corporation shall name
an independent third party to select the appraiser.
(2) REIMBURSEMENT OF COSTS AND EXPENSES OF SALE.—

The Secretary of the Treasury shall be reimbursed from the
proceeds of the sale of the stock under this subsection for
all reasonable costs and expenses related to such sale, except
that one-half of all reasonable costs and expenses relating
to the independent appraisal under paragraph (1) shall be
borne by the Corporation.
(3) DEPOSIT INTO ACCOUNT.—Amounts collected from the
sale of stock pursuant to this subsection that are not used
to reimburse the Secretary of the Treasury pursuant to paragraph (2) shall be deposited into the account established under
subsection (e).
(4) ASSISTANCE BY THE CORPORATION.—The Corporation

shall provide such assistance as the Secretary of the Treasury
and the Secretary of Education may require to facilitate the
sale of the stock under this subsection.
(5) REPORT TO CONGRESS.—Not later than 6 months after
the date of enactment of this Act, the Secretary of the Treasury
shall report to the appropriate committees of Congress on the
completion and terms of the sale of stock of the Corporation
pursuant to this subsection.

110 STAT. 3009-293

PUBLIC LAW 104-208—SEPT. 30, 1996

(d) REPEAL OF STATUTORY RESTRICTIONS AND RELATED PROVI-

SIONS.—Part D of title VII of the Higher Education Act of 1965
(20 U.S.C. 1132f et seq.) is repealed.
(e) ESTABLISHMENT OF ACCOUNT.—

(1) I N GENERAL.—^Notwithstanding any other provision of
law, the District of Columbia Financial Responsibility and
Management Assistance Authority shall establish an account
to receive—
(A) amounts collected from the sale and proceeds
resulting from the exercise of stock warrants pursuant
to section 440(c)(9) of the Higher Education Act of 1965;
(B) amounts and proceeds remitted as compensation
for the right to assign the "Sallie Mae" name as a trademark or service mark pursuant to section 440(e)(3) of the
Higher Education Act of 1965; and
(C) amounts and proceeds collected from the sale of
the stock of the Corporation and deposited pursuant to
subsection (c)(3).
(2) AMOUNTS AND PROCEEDS.—
(A) AMOUNTS AND PROCEEDS RELATING TO SALLIE

MAE.—^The amounts and proceeds described in subparagraphs (A) and (B) of paragraph (1) shall be used to finance
public elementary and secondary school facility construction and repair within the District of Columbia or to carry
out the District of Columbia School Reform Act of 1995.
(B)

AMOUNTS AND PROCEEDS RELATING TO CONNIE

LEE.—^The amounts and proceeds described in subparagraph (C) of paragraph (1) shall be used to finance public
elementary and secondary school facility construction and
repair within the District of Columbia.
SEC. 604. DISCRIMINATION IN SECONDARY MARKETS PROHIBITED.

Part B of title IV of the Higher Education Act of 1965 (20
U.S.C. 1071 et seq.) is amended by adding after section 440 (as
added by section 602) the following new section:
20 u s e 1087-4.

"SEC 440A. DISCRIMINATION IN SECONDARY MARKETS PROHIBITED.

"The Student Loan Marketing Association (and, if the Association is privatized under section 440, any successor entity functioning
as a secondary market for loans under this part, including the
Holding Company described in such section) shall not engage
directly or indirectly in any pattern or practice that results in
a denial of a borrower's access to loans under this part because
of the borrower's race, sex, color, religion, national origin, age,
disability status, income, attendance at a particular eligible institution, length of the borrower's educational program, or the borrower's
academic year at an eligible institution.".
Museum and

TITLE VII—MUSEUM AND LIBRARY SERVICES ACT OF 1996

Library Services
Act of 1996.

S E C T I O N 701. SHORT TITLE.

Z\j UoL' " l U l

note.

This title may be cited as the "Museum and Library Services
Act of 1996".
SEC. 702. MUSEUM AND LIBRARY SERVICES.

The Museum Services Act (20 U.S.C. 961 et seq.) is amended
to read as follows:

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-294

"TITLE II—MUSEUM AND LIBRARY SERVICES

"Subtitle A—General Provisions
"SEC. 201. SHORT TITLE.

Museum and
Library Services
Act.
20 USC 9101

"This title may be cited as the 'Museum and Library Services
Act'.
"SEC. 202. GENERAL DEFINITIONS.

20 USC 9101.

"As used in this title:
"(1) COMMISSION.—^The term 'Commission' means the
National Commission on Libraries and Information Science
established under section 3 of the National Commission on
Libraries and Information Sciences Act (20 U.S.C. 1502).
"(2) DIRECTOR.—The term 'Director' means the Director
of the Institute appointed under section 204.
"(3) INSTITUTE.—^The term 'Institute' means the Institute
of Museum and Library Services established under section 203.
"(4) MUSEUM BOARD.—The term 'Museum Board' means
the National Museum Services Board established under section
275.
"SEC. 203. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.

20 USC 9102.

"(a) ESTABLISHMENT.—^There is established, within the National
Foundation on the Arts and the Humanities, an Institute of Museum
and Library Services.
"(b) OFFICES.—The Institute shall consist of an Office of
Museum Services and an Office of Library Services. There shall
be a National Museum Services Board in the Office of Museum
Services.
"SEC. 204. DIRECTOR OF THE INSTITUTE.
"(a) APPOINTMENT.—

"(1) IN GENERAL.—^The Institute shall be headed by a Director, appointed by the President, by and with the advice and
consent of the Senate.
"(2) TERM.—^The Director shall serve for a term of 4 years.
"(3) QUALIFICATIONS.—Beginning with the first individual
appointed to the position of Director after the date of enactment
of the Museum and Library Services Act of 1996, every second
individual so appointed shall be appointed from among individuals who have special competence with regard to library and
information services. Beginning with the second individual
appointed to the position of Director after the date of enactment
of the Museum and Library Services Act of 1996, every second
individual so appointed shall be appointed from among individuals who have special competence with regard to museum
services.
"(b) COMPENSATION.—^The Director may be compensated at the
rate provided for level III of the Executive Schedule under section
5314 of title 5, United States Code.
"(c) DUTIES AND POWERS.—The Director shall perform such
duties and exercise such powers as may be prescribed by law,
including awarding financial assistance for activities described in
this title.
"(d) NONDELEGATION.—The Director shall not delegate any of
the functions of the Director to any person who is not an officer
or employee of the Institute.

20 USC 9103.

110 STAT. 3009-295

PUBLIC LAW 104-208—SEPT. 30, 1996

"(e) COORDINATION.—^The Director shall ensure coordination
of the policies and activities of the Institute with the policies
and activities of other agencies and offices of the Federal
Government having interest in and responsibilities for the improvement of museums Eind libraries and information services.
20 u s e 9104.

"SEC. 205. DEPUTY DIRECTORS.

'The Office of Library Services shall be headed by a Deputy
Director, who shall be appointed by the Director from among
individuals who have a graduate degree in library science and
expertise in library and information services. The Office of Museum
Services shall be headed by a Deputy Director, who shall be
appointed by the Director from among individuals who have expertise in museum services.
20 u s e 9105.

"SEC. 206. PERSONNEL.

"(a) IN GENERAL.—The Director may, in accordance with
applicable provisions of title 5, United States Code, appoint and
determine the compensation of such employees as the Director
determines to be necessary to carry out the duties of the Institute.
"(b) VOLUNTARY SERVICES.—^The Director may accept and utilize
the voluntary services of individuals and reimburse the individuals
for travel expenses, including per diem in lieu of subsistence, in
the same amounts and to the same extent as authorized under
section 5703 of title 5, United States Code, for persons employed
intermittently in Federal Government service.
20 u s e 9106.

"SEC. 207. CONTRIBUTIONS.

"The Institute is authorized to solicit, accept, receive, and invest
in the name of the United States, gifts, bequests, or devises of
money and other property or services and to use such property
or services in furtherance of the functions of the Institute. Any
proceeds from such gifts, bequests, or devises, after acceptance
by the Institute, shall be paid by the donor or the representative
of the donor to the Director. The Director shall enter the proceeds
in a special-interest bearing account to the credit of the Institute
for the purposes specified in each case.

Library Services
£ind Technology
Act.
20 u s e 9101

"Subtitlc B—^Library Scrviccs and Technology
"SEC. 211. SHORT TITLE.
,^_, .
, . ,
,

.

,

,

.X .,

«

.

, rw, ,

note.

This subtitle may be cited as the Library Services and Technology Act'.

20 u s e 9121.

"SEC. 212. PURPOSE.

"It is the purpose of this subtitle—
"(1) to consolidate Federal library service programs;
"(2) to stimulate excellence and promote access to learning
and information resources in all types of libraries for individuals of all ages;
"(3) to promote library services that provide all users access
to information through State, regional, national and international electronic networks;
"(4) to provide linkages among and between libraries; and
"(5) to promote targeted library services to people of diverse
geographic, cultural, and socioeconomic backgrounds, to individuals with disabilities, and to people with limited functional
literacy or information skills.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-296

"SEC. 213. DEFINITIONS.

20 USC 9122.

"As used in this subtitle:
"(1) INDIAN TRIBE.—The term 'Indian tribe' means any
tribe, band, nation, or other organized group or community,
including any Alaska native village, regional corporation, or
village corporation, as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), which is recognized by the Secretary of the Interior as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.
"(2) LIBRARY.—The term 'library' includes—
"(A) a public library;
"(B) a public elementary school or secondary school
library;
"(C) an academic library;
"(D) a research library, which for the purposes of this
subtitle means a library that—
"(i) makes publicly available library services and
materials suitable for scholarly research and not otherwise available to the public; and
"(ii) is not an integral part of an institution of
higher education; and
"(E) a private library, but only if the State in which
such private library is located determines that the library
should be considered a library for purposes of this subtitle.
"(3) LIBRARY CONSORTIUM.—^The term library consortium'
means any local, statewide, regional, interstate, or international
cooperative association of library entities which provides for
the systematic and effective coordination of the resources of
school, public, academic, and special libraries and information
centers, for improved services for the clientele of such library
entities.
"(4) STATE.—^The term 'State', unless otherwise specified,
includes each of the 50 States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the
Marshall Islands, the Federated States of Micronesia, and the
Republic of Palau.
"(5) STATE LIBRARY ADMINISTRATIVE AGENCY.—The term
'State library administrative agency* means the official agency
of a State charged by the law of the State with the extension
and development of public library services throughout the State.
"(6) STATE PLAN.—The term 'State plan' means the document which gives assurances that the officially designated State
library administrative agency has the fiscal and legal authority
and capability to administer all aspects of this subtitle, provides
assurances for establishing the State's policies, priorities, criteria, and procedures necessary to the implementation of all
programs under this subtitle, submits copies for approval as
required by regulations promulgated by the Director, identifies
a State's library needs, and sets forth the activities to be
taken toward meeting the identified needs supported with the
assistance of Federal funds made available under this subtitle.
"SEC. 214. AUTHORIZATION OF APPROPRIATIONS.
"(a) AUTHORIZATION OF APPROPRIATIONS.—

20 USC 9123.

110 STAT. 3009-297

PUBLIC LAW 104-208—SEPT. 30, 1996

"(1) IN GENERAL.—^There are authorized to be appropriated
$150,000,000 for fiscal year 1997 and such sums as may be
necessary for each of the fiscal years 1998 through 2002 to
carry out this subtitle.
"(2) TRANSFER.—The Secretary of Education shall—
"(A) transfer promptly to the Director any funds appropriated under the authority of paragraph (1), to enable
the Director to carry out this subtitle; and
"(B) not exercise any authority concerning the administration of this title other than the transfer described in
subparagraph (A).
"(b) FORWARD FUNDING.—

"(1) IN GENERAL.—^To the end of affording the responsible
Federal, State, and local officers adequate notice of available
Federal financial assistance for carrying out ongoing library
activities and projects, appropriations for grants, contracts, or
other payments under any program under this subtitle are
authorized to be included in the appropriations Act for the
fiscal year preceding the fiscal year during which such activities
and projects shall be carried out.
"(2) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.—In

order to effect a transition to the timing of appropriation action
authorized by subsection (a), the application of this section
may result in the enactment, in a fiscal year, of separate
appropriations for a program under this subtitle (whether in
the same appropriations Act or otherwise) for two consecutive
fiscal years.
"(c) ADMINISTRATION.—Not more than 3 percent of the funds
appropriated under this section for a fiscal year may be used
to pay for the Federal administrative costs of carrying out this
subtitle.
"CHAPTER 1—BASIC PROGRAM REQUIREMENTS
20 u s e 9131.

"SEC. 221. RESERVATIONS AND ALLOTMENTS.
"(a) RESERVATIONS.—

"(1) IN GENERAL.—From the amount appropriated under
the authority of section 214 for any fiscal year, the Director—
"(A) shall reserve 1^2 percent to award grants in
accordance with section 261; and
"(B) shall reserve 4 percent to award national leadership grants or contracts in accordance with section 262.
"(2) SPECIAL RULE.—If the funds reserved pursuant to paragraph (1)(B) for a fiscal year have not been obligated by the
end of such fiscal year, then such funds shall be allotted in
accordance with subsection (b) for the fiscal year succeeding
the fiscal year for which the funds were so reserved.
"(b) ALLOTMENTS.—

"(1) IN GENERAL.—From the sums appropriated under the
authority of section 214 and not reserved under subsection
(a) for any fiscal year, the Director shall award grants from
minimum allotments, as determined under paragraph (3), to
each State. Any sums remaining after minimum allotments
are made for such year shall be allotted in the manner set
forth in paragraph (2).
"(2) REMAINDER.—From the remainder of any sums appropriated under the authority of section 214 that are not reserved

P U B L I C LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-298

under subsection (a) and not allotted under paragraph (1) for
any fiscal year, the Director shall award grants to each State
in an amount that bears the same relation to such remainder
as the population of the State bears to the population of all
States.
"(3) MINIMUM ALLOTMENT.—

"(A) IN GENERAL.—For the purposes of this subsection,
the minimum allotment for each State shall be $340,000,
except that the minimum allotment shall be $40,000 in
the case of the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau.
"(B) RATABLE REDUCTIONS.—If the sum appropriated
under the authority of section 214 and not reserved under
subsection (a) for any fiscal year is insufficient to fully
satisfy the aggregate of the minimum allotments for all
States for that purpose for such year, each of such minimum allotments shall be reduced ratably.
"(C) SPECIAL RULE.—

"(i) I N GENERAL.—Notwithstanding any other
provision of this subsection and using funds allotted
for the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau under
this subsection, the Director shall award grants to
Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or
the Republic of Palau to carry out activities described
in this subtitle in accordance with the provisions of
this subtitle that the Director determines are not
inconsistent with this subparagraph.
"(ii) AWARD BASIS.—^The Director shall award
grants pursuant to clause (i) on a competitive basis
and pursuant to recommendations from the Pacific
Region Educational Laboratory in Honolulu, Hawaii.
"(iii) TERMINATION OF ELIGIBILITY.—Notwithstand-

ing any other provision of law, the Republic of the
Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau shall not receive any funds
under this subtitle for any fiscal year that begins after
September 30, 2001.
"(iv) ADMINISTRATIVE COSTS.—The Director may

provide not more than 5 percent of the funds made
available for grants under this subparagraph to pay
the administrative costs of the Pacific Region Educational Laboratory regarding activities assisted under
this subparagraph.
"(4) DATA.—The population of each State and of all the
States shall be determined by the Director on the basis of
the most recent data available from the Bureau of the Census.
"SEC. 222. ADMINISTRATION.

"(a) IN GENERAL.—^Not more than 4 percent of the total amount
of funds received under this subtitle for any fiscal year by a State
may be used for administrative costs.

20 USC 9132.

110 STAT. 3009-299

PUBLIC LAW 104-208—SEPT. 30, 1996

"(b) CONSTRUCTION.—Nothing in this section shall be construed
to limit spending for evaluation costs under section 224(c) from
sources other than this subtitle.
20 use 9133.

"SEC. 223. PAYMENTS; FEDERAL SHARE; AND MAINTENANCE OF
EFFORT REQUIREMENTS.
"(a) PAYMENTS.—Subject to appropriations provided pursuant
to section 214, the Director shall pay to each State library administrative agency having a State plan approved under section 224
the Federal share of the cost of the activities described in the
State plan.
"(b) FEDERAL SHARE.—

"(1) IN GENERAL.—The Federal share shall be 66 percent.
"(2) NON-FEDERAL SHARE.—The non-Federal share of payments shall be provided from non-Federal, State, or local
sources.
"(c) MAINTENANCE OF EFFORT.—
"(1) STATE EXPENDITURES.—
"(A) REQUIREMENT.—

"(i) IN GENERAL.—^The amount otherwise payable
to a State for a fiscal year pursuant to an allotment
under this chapter shall be reduced if the level of
State expenditures, as described in paragraph (2), for
the previous fiscal year is less than the average of
the total of such expenditures for the 3 fiscal years
preceding that previous fiscal year. The amount of
the reduction in allotment for any fiscal year shall
be equal to the amount by which the level of such
State expenditures for the fiscal year for which the
determination is made is less than the average of
the total of such expenditures for the 3 fiscal years
preceding the fiscal year for which the determination
is made.
"(ii) CALCULATION.—^Any decrease in State
expenditures resulting from the application of subparagraph (B) shall be excluded from the calculation of
the average level of State expenditures for any 3-year
period described in clause (i).
"(B) DECREASE IN FEDERAL SUPPORT.—If the amount
made available under this subtitle for a fiscal year is less
than the amount made available under this subtitle for
the preceding fiscal year, then the expenditures required
by subparagraph (A) for such preceding fiscal year shall
be decreased by the same percentage as the percentage
decrease in the amount so made available.
"(2) LEVEL OF STATE EXPENDITURES.—^The level of State

expenditures for the purposes of paragraph (1) shall include
all State dollars expended by the State library administrative
agency for library programs that are consistent with the purposes of this subtitle. All funds included in the maintenance
of effort calculation under this subsection shall be expended
during the fiscal year for which the determination is made,
and shall not include capital expenditures, special one-time
project costs, or similar windfalls.
"(3) WAIVER.—The Director may waive the requirements
of paragraph (1) if the Director determines that such a waiver

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-300

would be equitable due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and
unforeseen decline in the financial resources of the State.
"SEC. 224. STATE PLANS.
"(a) STATE PLAN REQUIRED.—

"(1) IN GENERAL.—In order to be eligible to receive a grant
under this subtitle, a State library administrative agency shall
submit a State plan to the Director not later than April 1,
1997.
"(2) DURATION.—^The State plan shall cover a period of
5 fiscal years.
"(3) REVISIONS.—If a State library administrative agency
makes a substantive revision to its State plan, then the State
library administrative agency shall submit to the Director an
amendment to the State plan containing such revision not
later than April 1 of the fiscal year preceding the fiscal year
for which the amendment will be effective.
"(b) CONTENTS.—The State plan shall—
"(1) establish goals, and specify priorities, for the State
consistent with the purposes of this subtitle;
"(2) describe activities that are consistent with the goals
and priorities established under paragraph (1), the purposes
of this subtitle, and section 231, that the State library administrative agency will carry out during such year using such
grant;
"(3) describe the procedures that such agency will use
to carry out the activities described in paragraph (2);
"(4) describe the methodology that such agency will use
to evaluate the success of the activities established under paragraph (2) in achieving the goals and meeting the priorities
described in paragraph (1);
"(5) describe the procedures that such agency will use
to involve libraries and library users throughout the State
in policy decisions regarding implementation of this subtitle;
and
"(6) provide assurances satisfactory to the Director that
such agency will make such reports, in such form and containing such information, as the Director may reasonably require
to carry out this subtitle and to determine the extent to which
funds provided under this subtitle have been effective in carrying out the purposes of this subtitle.
"(c) EVALUATION AND REPORT.—Each State library administrative agency receiving a grant under this subtitle shall independently
evaluate, and report to the Director regarding, the activities assisted
under this subtitle, prior to the end of the 5-year plan.
"(d) INFORMATION.—Each library receiving assistance under
this subtitle shall submit to the State library administrative agency
such information as such agency may require to meet the requirements of subsection (c).
"(e) APPROVAL.—

"(1) IN
plan under
subtitle and
of such plan

GENERAL.—^The Director shall approve any State
this subtitle that meets the requirements of this
provides satisfactory assurances that the provisions
will be carried out.

20 USC 9134.

110 STAT. 3 0 0 9 - 3 0 1

PUBLIC LAW 104-208—SEPT. 30, 1996

"(2) PUBLIC AVAILABILITY.—Each State library administrative agency receiving a grant under this subtitle shall make
the State plan available to the public.
"(3) ADMINISTRATION.—If the Director determines that the
State plan does not meet the requirements of this section,
the Director shall—
"(A) immediately notify the State library administrative agency of such determination and the reasons for
such determination;
"(B) offer the State library administrative agency the
opportunity to revise its State plan;
"(C) provide technical assistance in order to assist the
State library administrative agency in meeting the requirements of this section; and
"(D) provide the State library administrative agency
the opportunity for a hearing.

"CHAPTER 2—LIBRARY PROGRAMS
20 u s e 9141.

"SEC. 231. GRANTS TO STATES.

"(a) IN GENERAL.—Of the funds provided to a State library
administrative agency under section 214, such agency shall expend,
either directly or through subgrants or cooperative agreements,
at least 96 percent of such funds for—
"(1)(A) establishing or enhancing electronic linkages among
or between libraries;
"(B) electronically linking libraries with educational, social,
or information services;
"(C) assisting libraries in accessing information through
electronic networks;
"(D) encouraging libraries in different areas, and encouraging different tj^jes of libraries, to establish consortia and share
resources; or
"(E) paying costs for libraries to acquire or share computer
systems and telecommunications technologies; and
"(2) targeting library and information services to persons
having difficulty using a library and to underserved urban
and rural communities, including children (from birth through
age 17) from families with incomes below the poverty line
(as defined by the Office of Management and Budget and
revised annually in accordance with section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2))
applicable to a family of the size involved.
"(b) SPECIAL RULE.—Each State library administrative agency
receiving funds under this chapter may apportion the funds available for the purposes described in subsection (a) between the two
purposes described in paragraphs (1) and (2) of such subsection,
as appropriate, to meet the needs of the individual State.
"CHAPTER 3—ADMINISTRATIVE PROVISIONS
"Subchapter A—State Requirements
20 u s e 9151.

"SEC. 251. STATE ADVISORY COUNCILS.

"Each State desiring assistance under this subtitle may establish a State advisory council which is broadly representative of
the library entities in the State, including public, school, academic.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-302

special, and institutional libraries, and libraries serving individuals
with disabilities.
"Subchapter B—Federal Requirements
"SEC. 261. SERVICES FOR INDIAN TRIBES.

"From amounts reserved under section 221(a)(1)(A) for
fiscal year the Director shall award grants to organizations
marily serving and representing Indian tribes to enable
organizations to carry out the activities described in section

20 USC 9161.

any
prisuch
231.

"SEC. 262. NATIONAL LEADERSHIP GRANTS OR CONTRACTS.

20 USC 9162.

"(a) IN GENERAL.—From the amounts reserved under section
221(a)(1)(B) for any fiscal year the Director shall establish and
carry out a program awarding national leadership grants or contracts to enhance the quality of library services nationwide and
to provide coordination between libraries and museums. Such grants
or contracts shall be used for activities that may include—
"(1) education and training of persons in library and
information science, particularly in areas of new technology
and other critical needs, including graduate fellowships,
traineeships, institutes, or other programs;
"(2) research and demonstration projects related to the
improvement of libraries, education in library and information
science, enhancement of library services through effective and
efficient use of new technologies, and dissemination of information derived from such projects;
"(3) preservation of digitization of library materials and
resources, giving priority to projects emphasizing coordination,
avoidance of duplication, and access by researchers beyond
the institution or library entity undertaking the project; and
"(4) model programs demonstrating cooperative efforts
between libraries and museums.
"(b) GRANTS OR CONTRACTS.—

"(1) IN GENERAL.—^The Director may carry out the activities
described in subsection (a) by awarding grants to, or entering
into contracts with, libraries, agencies, institutions of higher
education, or museums, where appropriate.
"(2) COMPETITIVE BASis.^<Jrants and contracts under this
section shall be awarded on a competitive basis.
"(c) SPECIAL RULE.—^The Director shall make every effort
to ensure that activities assisted under this section are administered
by appropriate library and museum professionals or experts.
"SEC. 263. STATE AND LOCAL INITIATIVES.

20 USC 9163.

"Nothing in this subtitle shall be construed to interfere with
State and local initiatives and responsibility in the conduct of
library services. The administration of libraries, the selection of
personnel and library books and materials, and insofar as consistent
with the purposes of this subtitle, the determination of the best
uses of the funds provided under this subtitle, shall be reserved
for the States and their local subdivisions.
"Subtitle C—Museum Services
"SEC. 271. PURPOSE.

"It is the purpose of this subtitle—

20 USC 9171.

110 STAT. 3 0 0 9 - 3 0 3

PUBLIC LAW 104-208—SEPT. 30, 1996

"(1) to encourage and assist museums in their educational
role, in conjunction with formal systems of elementary, secondary, and postsecondary education and with programs of nonformal education for all age groups;
"(2) to assist museums in modernizing their methods and
facilities so that the museums are better able to conserve
the cultural, historic, and scientific heritage of the United
States; and
"(3) to ease the financial burden borne by museums as
a result of their increasing use by the public.
20 u s e 9172.

"SEC. 272. DEFINITIONS.

"As used in this subtitle:
"(1) MUSEUM.—The term 'museum' means a public or private nonprofit agency or institution organized on a permanent
basis for essentially educational or aesthetic purposes, that
utilizes a professional staff, owns or utilizes tangible objects,
cares for the tangible objects, and exhibits the tangible objects
to the public on a regular basis.
"(2) STATE.—The term 'State' means each of the 50 States
of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau.
20 u s e 9173.

"SEC. 273. MUSEUM SERVICES ACTIVITIES.

"(a) GRANTS.—The Director, subject to the policy direction
of the Museum Board, may make grants to museums to pay for
the Federal share of the cost of increasing and improving museum
services, through such activities as—
"(1) programs that enable museums to construct or install
displays, interpretations, and exhibitions in order to improve
museum services provided to the public;
"(2) assisting museums in developing and maintaining
professionally trained or otherwise experienced staff to meet
the needs of the museums;
"(3) assisting museums in meeting the administrative costs
of preserving and maintaining the collections of the museums,
exhibiting the collections to the public, and providing educational programs to the public through the use of the collections;
"(4) assisting museums in cooperating with each other in
developing traveling exhibitions, meeting transportation costs,
and identifying and locating collections available for loan;
"(5) assisting museums in the conservation of their collections;
"(6) developing and carrying out specialized programs for
specific segments of the public, such as programs for urban
neighborhoods, rural areas, Indian reservations, and penal and
other State institutions; and
"(7) model programs demonstrating cooperative efforts
between libraries and museums.
"(b) CONTRACTS AND COOPERATIVE AGREEMENTS.—
"(1) PROJECTS TO STRENGTHEN MUSEUM SERVICES.—^The

Director, subject to the policy direction of the Museum Board,
is authorized to enter into contracts and cooperative agreements
with appropriate entities, as determined by the Director, to

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-304

pay for the Federal share of enabhng the entities to undertake
projects designed to strengthen museum services, except that
any contracts or cooperative agreements entered into pursuant
to this subsection shall be effective only to such extent or
in such amounts as are provided in appropriations Acts.
"(2) LIMITATION ON AMOUNT.—The aggregate amount of

financial assistance made available under this subsection for
a fiscal year shall not exceed 15 percent of the amount appropriated under this subtitle for such fiscal year.
"(3) OPERATIONAL EXPENSES.—No financial assistance may
be provided under this subsection to pay for operational
expenses.
"(c) FEDERAL SHARE.—

"(1) 50 PERCENT.—Except as provided in paragraph (2),
the Federal share described in subsection (a) and (b) shall
be not more than 50 percent.
"(2) GREATER THAN SO PERCENT.—The Director may use

not more th^n 20 percent of the funds made available under
this subtitle for a fiscal year to make grants under subsection
(a), or enter into contracts or agreements under subsection
(b), for which the Federal share may be greater than 50 percent.
"(d) REVIEW AND EVALUATION.—The Director shall establish
procedures for reviewing and evaluating grants, contracts, and
cooperative agreements made or entered into under this subtitle. Procedures for reviewing grant applications or contracts
and cooperative agreements for financial assistance under this
subtitle shall not be subject to any review outside of the
Institute.
"SEC. 274. AWARD.

20 USC 9174.

"The Director, with the advice of the Museum Board, may
annually award a National Award for Museum Service to outstanding museums that have made significant contributions in service
to their communities.
"SEC. 275. NATIONAL MUSEUM SERVICES BOARD.

"(a) ESTABLISHMENT.—There is established in the Institute a
National Museum Services Board.
"(b) COMPOSITION AND QUALIFICATIONS.—

"(1) COMPOSITION.—The Museum Board shall consist of
the Director and 14 members appointed by the President, by
and with the advice and consent of the Senate.
"(2) QUALIFICATIONS.—^The appointive members of the
Museum Board shall be selected from among citizens of the
United States—
"(A) who are members of the general public;
"(B) who are or have been affiliated with—
"(i) resources that, collectively, are broadly representative of the curatorial, conservation, educational,
and cultural resources of the United States; or
"(ii) museums that, collectively, are broadly representative of various types of museums, including
museums relating to science, history, technology, art,
zoos, and botanical gardens; and
"(C) who are recognized for their broad knowledge,
expertise, or experience in museums or commitment to
museums.

20 USC 9175.

110 STAT. 3009-305

PUBLIC LAW 104-208—SEPT. 30, 1996
"(3) GEOGRAPHIC AND OTHER REPRESENTATION.—Members

of the Museum Board shall be appointed to reflect persons
from various geographic regions of the United States. The
Museum Board may not include, at any time, more than 3
members from a single State. In making such appointments,
the President shall give due regard to equitable representation
of women, minorities, and persons with disabilities who are
involved with museums.
"(c) TERMS.—

"(1) IN GENERAL.—Each appointive member of the Museum
Board shall serve for a term of 5 years, except that—
"(A) of the members first appointed, 3 shall serve for
terms of 5 years, 3 shall serve for terms of 4 years, 3
shall serve for terms of 3 years, 3 shall serve for terms
of 2 years, and 2 shall serve for terms of 1 year, as designated by the President at the time of nomination for
appointment; and
"(B) any member appointed to fill a vacancy shall
serve for the remainder of the term for which the predecessor of the member was appointed.
"(2) REAPPOINTMENT.—No member of the Museum Board
who has been a member for more than 7 consecutive years
shall be eligible for reappointment.
"(3) SERVICE UNTIL SUCCESSOR TAKES OFFICE.—Notwith-

standing any other provision of this subsection, a member
of the Museum Board shall serve after the expiration of the
term of the member until the successor to the member takes
office.
"(d) DUTIES AND POWERS.—The Museum Board shall have the
responsibility to advise the Director on general policies with respect
to the duties, powers, and authority of the Institute relating to
museum services, including general policies with respect to—
"(1) financial assistance awarded under this subtitle for
museum services; and
"(2) projects described in section 262(a)(4).
"(e) CHAIRPERSON.—The President shall designate 1 of the
appointive members of the Museum Board as Chairperson of the
Museum Board.
"(f) MEETINGS.—

"(1) IN GENERAL.—The Museum Board shall meet—
"(A) not less than 3 times each year, including—
"(i) not less than 2 times each year separately;
and
"(ii) not less than 1 time each year in a joint
meeting with the Commission, convened for purposes
of making general policies with respect to financial
assistance for projects described in section 262(a)(4);
and
"(B) at the call of the Director.
"(2) VOTE.—^All decisions by the Museum Board with
respect to the exercise of the duties and powers of the Museum
Board shall be made by a majority vote of the members of
the Museum Board who are present. All decisions by the
Commission and the Museum Board with respect to the policies
described in paragraph (l)(A)(ii) shall be made by a % majority
vote of the total number of the members of the Commission
and the Museum Board who are present.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-306

"(g) QUORUM.—^A majority of the members of the Museum Board
shall constitute a quorum for the conduct of business at official
meetings of the Museum Board, but a lesser number of members
may hold hearings. A majority of the members of the Commission
and a majority of the members of the Museum Board shall constitute a quorum for the conduct of business at official joint meetings
of the Commission and the Museum Board.
"(h) COMPENSATION AND TRAVEL EXPENSES.—

"(1) COMPENSATION.—Each member of the Museum Board
who is not an officer or employee of the Federal Government
may be compensated at a rate to be fixed by the President,
but not to exceed the daily equivalent of the maximum rate
authorized for a position above grade GS-15 of the General
Schedule under section 5108 of title 5, United States Code,
for each day (including travel time) during which such member
is engaged in the performance of the duties of the Museum
Board. All members of the Museum Board who are officers
or employees of the Federal Government shall serve without
compensation in addition to compensation received for their
services as officers or employees of the Federal Government.
"(2) TRAVEL EXPENSES.—^The members of the

Museum

Board may be allowed travel expenses, including per diem
in lieu of subsistence, in the same amounts and to the same
extent, as authorized under section 5703 of title 5, United
States Code, for persons employed intermittently in Federal
Government service.
"(i) COORDINATION.—^The Museum Board, with the advice of
the Director, shall take steps to ensure that the policies and activities of the Institute are coordinated with other activities of the
Federal Government.
"SEC. 276. AUTHORIZATION OF APPROPRIATIONS.

"(a) GRANTS.—For the purpose of carrying out this subtitle,
there are authorized to be appropriated to the Director $28,700,000
for the fiscal year 1997, and such sums as may be necessary
for each of the fiscal years 1998 through 2002.
"(b) ADMINISTRATION.—Not more than 10 percent of the funds
appropriated under this section for a fiscal year may be used
to pay for the administrative costs of carrying out this subtitle.
"(c) SUMS REMAINING AVAILABLE.—Sums appropriated pursuant
to subsection (a) for any fiscal year shall remain available for
obligation until expended.".
SEC. 703. NATIONAL COMMISSION ON LIBRARIES AND INFORMATION
SCIENCE.

(a) FUNCTIONS.—Section 5 of the National Commission on
Libraries and Information Science Act (20 U.S.C. 1504) is amended—
(1) by redesignating subsections (b) through (d) as subsections (d) through (f), respectively; and
(2) by inserting after subsection (a) the following:
"(b) The Commission shall have the responsibility to advise
the Director of the Institute of Museum and Library Services on
general policies with respect to the duties, powers, and authority
of the Institute of Museum and Library Services relating to library
services, including—
"(1) general policies with respect to—

20 USC 9176.

110 STAT. 3009-307

PUBLIC LAW 104-208—SEPT. 30, 1996

"(A) financial assistance awarded under the Museum
and Library Services Act for library services; and
"(B) projects described in section 262(a)(4) of such Act;
and
"(2) measures to ensure that the policies and activities
of the Institute of Museum and Library Services are coordinated
with other activities of the Federal Government.
"(c)(1) The Commission shall meet not less than 1 time each
year in a joint meeting with the National Museum Services Board,
convened for purposes of providing advice on general policy with
respect to financial assistance for projects described in section
262(a)(4) of such Act.
"(2) All decisions by the Commission and the National Museum
Services Board with respect to the advice on general policy described
in paragraph (1) shall be made by a % majority vote of the total
number of the members of the Commission and the National
Museum Services Board who are present.
"(3) A majority of the members of the Commission and a majority of the members of the National Museum Services Board shall
constitute a quorum for the conduct of business at official joint
meetings of the Commission and the National Museum Services
Board.".
(b) MEMBERSHIP.—Section 6 of the National Commission on
Libraries and Information Science Act (20 U.S.C. 1505) is amended—
(1) in subsection (a)—
(A) in the first sentence, by striking "Librarian of Congress" and inserting "Librarian of Congress, the Director
of the Institute of Museum and Library Services (who
shall serve as an ex officio, nonvoting member),";
(B) in the second sentence—
(i) by striking "special competence or interest in"
and inserting "special competence in or knowledge of;
and
(ii) by inserting before the period the following:
"and at least one other of whom shall be knowledgeable
with respect to the library and information service
and science needs of the elderly";
(C) in the third sentence, by inserting "appointive"
before "members"; and
(D) in the last sentence, by striking "term and at
least" and all that follows and inserting "term."; and
(2) in subsection (b), by striking "the rate specified" and
all that follows through "and while" and inserting "the daily
equivalent of the maximum rate authorized for a position above
grade GS-15 of the General Schedule under section 5108 of
title 5, United States Code, for each day (including traveltime) during which the members are engaged in the business
of the Commission. While",
20 u s e 9102
note.

SEC. 704. TRANSFER OF FUNCTIONS FROM INSTITUTE OF MUSEUM
SERVICES.

(a) DEFINITIONS.—For purposes of this section, unless otherwise
provided or indicated by the context—
(1) the term "Federal agency" has the meaning given to
the term "agency" by section 551(1) of title 5, United States
Code;

P U B L I C LAW 104-208—SEPT. 30, 1996

110 STAT. 3 0 0 9 - 3 0 8

(2) the term "function" means any duty, obligation, power,
authority, responsibility, right, privilege, activity, or program;
and
(3) the term "office" includes any office, administration,
agency, institute, unit, organizational entity, or component
thereof.
(b) TRANSFER OF FUNCTIONS FROM THE INSTITUTE OF MUSEUM
SERVICES AND THE LIBRARY PROGRAM OFFICE.—There are trans-

ferred to the Director of the Institute of Museum and Library
Services established under section 203 of the Museum and Library
Services Act—
(1) all functions that the Director of the Institute of
Museum Services exercised before the date of enactment of
this section (including all related functions of any officer or
employee of the Institute of Museum Services); and
(2) all functions that the Director of Library Programs
in the Office of Educational Research and Improvement in
the Department of Education exercised before the date of enactment of this section and any related function of any officer
or employee of the Department of Education.
(c) DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE

OF MANAGEMENT AND BUDGET.—If necessary, the Office of Management and Budget shall make any determination of the functions
that are transferred under subsection (b).
(d) DELEGATION AND ASSIGNMENT.—Except where otherwise
expressly prohibited by law or otherwise provided by this section,
the Director of the Institute of Museum and Library Services may
delegate any of the functions transferred to the Director of the
Institute of Museum and Library Services by this section and any
function transferred or granted to such Director of the Institute
of Museum and Library Services after the effective date of this
section to such officers and employees of the Institute of Museum
and Library Services as the Director of the Institute of Museum
and Library Services may designate, and may authorize successive
redelegations of such functions as may be necessary or appropriate,
except that any delegation of any such functions with respect to
libraries shall be made to the Deputy Director of the Office of
Library Services and with respect to museums shall be made to
the Deputy Director of the Office of Museum Services. No delegation
of functions by the Director of the Institute of Museum and Library
Services under this section or under any other provision of this
section shall relieve such Director of the Institute of Museum and
Library Services of responsibility for the administration of such
functions.
(e) REORGANIZATION.—The Director of the Institute of Museum
and Library Services may allocate or reallocate any function transferred under subsection (b) among the officers of the Institute
of Museum and Library Services, and may establish, consolidate,
alter, or discontinue such organizational entities in the Institute
of Museum and Library Services as may be necessary or appropriate.
(f) RULES.—^The Director of the Institute of Museum and
Library Services may prescribe, in accordance with chapters 5 and
6 of title 5, United States Code, such rules and regulations as
the Director of the Institute of Museum and Library Services determines to be necessary or appropriate to administer and manage
the functions of the Institute of Museum and Library Services.

110 STAT. 3009-309

PUBLIC LAW 104-208—SEPT. 30, 1996

(g) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND

PERSONNEL.—Except as otherwise provided in this section, the
personnel employed in connection with, and the assets, liabilities,
contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used,
held, arising from, available to, or to be made available in connection with the functions transferred by this section, subject to section
1531 of title 31, United States Code, shall be transferred to the
Institute of Museum and Library Services. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated.
(h) INCIDENTAL TRANSFERS.—The Director of the Office

of

Management and Budget, at such time or times as the Director
shall provide, may make such determinations as may be necessary
with regard to the functions transferred by this section, and make
such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances
of appropriations, authorizations, allocations, and other funds held,
used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out this
section. The Director of the Office of Management and Budget
shall provide for the termination of the affairs of all entities terminated by this section and for such further measures and dispositions
as may be necessary to effectuate the purposes of this section.
(i) EFFECT ON PERSONNEL.—

(1) I N GENERAL.—Except as otherwise provided by this
section, the transfer pursuant to this section of full-time personnel (except special Government employees) and part-time
personnel holding permanent positions shall not cause any
such employee to be separated or reduced in grade or compensation for 1 year after the date of transfer of such employee
under this section.
(2) EXECUTIVE SCHEDULE POSITIONS.—Except as otherwise

provided in this section, any person who, on the day preceding
the effective date of this section, held a position compensated
in accordance with the Executive Schedule prescribed in chapter
53 of title 5, United States Code, and who, without a break
in service, is appointed in the Institute of Museum and Library
Services to a position having duties comparable to the duties
performed immediately preceding such appointment shall continue to be compensated in such new position at not less than
the rate provided for such previous position, for the duration
of the service of such person in such new position.
(j) SAVINGS PROVISIONS.—
(1) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All orders,

determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and
other administrative actions—
(A) that have been issued, made, granted, or allowed
to become effective by the President, any Federal agency
or official of a Federal agency, or by a court of competent
jurisdiction, in the performance of functions that are transferred under this section; and
(B) that were in effect before the effective date of
this section, or were final before the effective date of this

P U B L I C LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-310

section and are to become effective on or after the effective
date of this section;
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with
law by the President, the Director of the Institute of Museum
and Library Services or other authorized ofiicial, a court of competent jurisdiction, or by operation of law.
(2) PROCEEDINGS NOT AFFECTED.—^This section shall not affect
any proceedings, including notices of proposed rulemaking, or any
application for any license, permit, certificate, or financial assistance
pending before the Institute of Museum Services on the effective
date of this section, with respect to functions transferred by this
section. Such proceedings and applications shall be continued.
Orders shall be issued in such proceedings, appeals shall be taken
from the orders, and payments shall be made pursuant to the
orders, as if this section had not been enacted, and orders issued
in any such proceedings shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized official,
by a court of competent jurisdiction, or by operation of law. Nothing
in this paragraph shall be construed to prohibit the discontinuance
or modification of any such proceeding under the same terms and
conditions and to the same extent that such proceeding could have
been discontinued or modified if this section had not been enacted.
(3) SUITS NOT AFFECTED.—This section shall not affect suits
commenced before the effective date of this section, and in
all such suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and with the same
effect as if this section had not been enacted.
(4) NONABATEMENT OF ACTIONS.—No suit, action, or other
proceeding commenced by or against the Institute of Museum
Services, or by or against any individual in the official capacity
of such individual as an officer of the Institute of Museum
Services, shall abate by reason of the enactment of this section.
(5) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION

OF REGULATIONS.—^Any administrative action relating to the
preparation or promulgation of a regulation by the Institute
of Museum Services relating to a function transferred under
this section may be continued by the Institute of Museum
and Library Services with the same effect as if this section
had not been enacted.
(k) TRANSITION.—^The Director of the Institute of Museum and
Library Services may utilize—
(1) the services of such officers, employees, and other
personnel of the Institute of Museum Services with respect
to functions transferred to the Institute of Museum and Library
Services by this section; and
(2) funds appropriated to such functions for such period
of time as may reasonably be needed to facilitate the orderly
implementation of this section.
(1) REFERENCES.—^A reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to—
(1) the Director of the Institute of Museum Services with
regard to functions transferred under subsection (b), shall be
deemed to refer to the Director of the Institute of Museum
and Library Services; and

110 STAT. 3 0 0 9 - 3 1 1

PUBLIC LAW 104-208—SEPT. 30, 1996

(2) the Institute of Museum Services with regard to functions transferred under subsection (b), shall be deemed to refer
to the Institute of Museum and Library Services,
(m) ADDITIONAL CONFORMING AMENDMENTS.—
(1) RECOMMENDED LEGISLATION.—After consultation with

the appropriate committees of Congress and the Director of
the Office of Management and Budget, the Director of the
Institute of Museum and Library Services shall prepare and
submit to the appropriate committees of Congress recommended
legislation containing technical and conforming amendments
to reflect the changes made by this section.
(2) SUBMISSION TO CONGRESS.—Not later than 6 months
after the effective date of this section, the Director of the
Institute of Museum and Library Services shall submit to the
appropriate committees of Congress the recommended legislation referred to under paragraph (1).
20 u s e 9103
note.

SEC. 705. SERVICE OF INDIVIDUALS SERVING ON DATE OF ENACTMENT.

Notwithstanding section 204 of the Museum and Library Services Act, the individual who was appointed to the position of Director
of the Institute of Museum Services under section 205 of the
Museum Services Act (as such section was in effect on the day
before the date of enactment of this Act) and who is serving in
such position on the day before the date of enactment of this
Act shall serve as the first Director of the Institute of Museum
and Library Services under section 204 of the Museum and Library
Services Act (as added by section 2 of this Act), and shall serve
at the pleasure of the President.
20 u s e 9105

SEC. 706. CONSIDERATION.

Consistent with title 5, United States Code, in appointing
employees of the Office of Library Services, the Director of the
Institute of Museum and Library Services shall give strong consideration to individuals with experience in administering State-based
and national library and information services programs.
20 u s e 9102

SEC. 707. TRANSITION AND TRANSFER OF FUNDS.

(a) TRANSITION.—^The Director of the Office of Management
and Budget shall take appropriate measures to ensure an orderly
transition from the activities previously administered by the Director of Library Programs in the Office of Educational Research
and Improvement in the Department of Education to the activities
administered by the Institute for Museum and Library Services
under this Act. Such measures may include the transfer of appropriated funds.
(b) TRANSFER.—From any amounts available to the Secretary
of Education for salaries and expenses at the Department of Education, the Secretary of Education shall transfer to the Director
the amount of funds necessary to ensure the orderly transition
from activities previously administered by the Director of the Office
of Library Programs in the Office of Educational Research and
Improvement in the Department of Education to the activities
administered by the Institute for Museum and Library Services.
In no event shall the amount of funds transferred pursuant to
the preceding sentence be less than $200,000.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-312

SEC. 708. REPEALS.

(a) LIBRARY SERVICES AND CONSTRUCTION ACT.—^The Library
Services and Construction Act (20 U.S.C. 351 et seq.) is repealed.
(b) TITLE II OF THE HIGHER EDUCATION ACT OF 1965.—Title
II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.),
relating to academic libraries and information services, is repealed.
(c) PART D OF TITLE XIII OF THE HIGHER EDUCATION AMENDMENTS OF 1986.—Part D of title XIII of the Higher Education
Amendments of 1986 (20 U.S.C. 1029 note), relating to library
resources, is repealed.
(d) SECTION 519 OF THE EDUCATION AMENDMENTS OF 1974.—
Section 519 of the Education Amendments of 1974 (20 U.S.C. 12211)
is repealed.
(e) PART F OF THE TECHNOLOGY FOR EDUCATION ACT OF 1994.—
Part F of the Technology for Education Act of 1994 (20 U.S.C.
7001 et seq.), contained in title III of the Elementary and Secondary
Education Act of 1965, is repealed.
SEC. 709. CONFORMING AMENDMENTS.
(a)
ACT.—

REFERENCES TO LIBRARY SERVICES AND CONSTRUCTION

(1) TECHNOLOGY FOR EDUCATION ACT OF 1994.—Section
3113(10) of the Technology for Education Act of 1994 (20 U.S.C.
6813(10)) is amended by striking "section 3 of the Library
Services and Construction Act;" and inserting "section 213 of
the Library Services and Technology Act;".
(2)

OMNIBUS EDUCATION RECONCILIATION ACT OF I98I.—

Section 528 of the Omnibus Education Reconciliation Act of
1981 (20 U.S.C. 3489) is amended—
(A) by striking paragraph (12); and
(B) by redesignating paragraphs (13) through (15) as
paragraphs (12) through (14), respectively.
(3) ELEMENTARY AND SECONDARY EDUCATION ACT OF I965.—

Section 3113(10) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6813(10)) is amended by striking "section
3 of the Library Services and Construction Act" and inserting
"section 213 of the Library Services and Technology Act".
(4) COMMUNITY IMPROVEMENT VOLUNTEER ACT OF 1994.—
Section 7305 of the Community Improvement Volunteer Act
of 1994 (40 U.S.C. 276d-3) is amended—
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (6) as
paragraphs (1) through (5), respectively.
(5) APPALACHIAN REGIONAL DEVELOPMENT ACT OF i965.—
Section 214(c) of the Appalachian Regional Development Act
of 1965 (40 U.S.C. App. 214(c)) is amended by striking "Library
Services and Construction Act;".
(6) DEMONSTRATION CITIES AND METROPOLITAN DEVELOP-

MENT ACT OF 1966.—Section 208(2) of the Demonstration Cities
and Metropolitan Development Act of 1966 (42 U.S.C. 3338(2))
is amended by striking "title II of the Library Services and
Construction Act;".
(7) PUBLIC LAW 87-688.—Subsection (c) of the first section
of the Act entitled "An Act to extend the application of certain
laws to American Samoa", approved September 25, 1962 (48
U.S.C. 1666(c)) is amended by striking "the Library Services
Act (70 Stat. 293; 20 U.S.C. 351 et seq.),".

110 STAT. 3009-313

PUBLIC LAW 104-208—SEPT. 30, 1996

(8) COMMUNICATIONS ACT OF 1934.—Paragraph (4) of section
254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)(4))
is amended by striking "hbrary not eUgible for participation
in State-based plans for funds under title III of the Library
Services and Construction Act (20 U.S.C. 335c et seq.)" and
inserting "library or library consortium not eligible for assistance from a State library administrative agency under the
Library Services and Technology Act",
(b) REFERENCES TO INSTITUTE OF MUSEUM SERVICES.—
(1) TITLE 5, UNITED STATES CODE.—Section 5315 of title

5, United States Code, is amended by striking the following:
"Director of the Institute of Museum Services." and inserting the following:
"Director of the Institute of Museum and Library Services.".
(2) DEPARTMENT OF EDUCATION ORGANIZATION ACT.—Sec-

tion 301 of the Department of Education Organization Act
(20 U.S.C. 3441) is amended—
(A) in subsection (a)—
(i) by striking paragraph (5); and
(ii) by redesignating paragraphs (6) and (7) as
paragraphs (5) and (6), respectively; and
(B) in subsection (b)—
(i) by striking paragraph (4); and
(ii) by redesignating paragraphs (5) through (7)
as paragraphs (4) through (6), respectively.
(3) ELEMENTARY AND SECONDARY EDUCATION ACT OF I965.—

(A) Sections 2101(b), 2205(c)(1)(D), 2208(d)(l)(H)(v),
and 2209(b)(l)(C)(iv), and subsection (d)(6) and (e)(2) of
section 10401 of the Elementary and Secondary Education
Act
of
1965 (20 U.S.C. 6621(b),
6645(c)(1)(D),
6648(d)(l)(H)(v), 6649(b)(l)(C)(vi), and 8091 (d)(6) and
(e)(2)) are amended by striking "the Institute of Museum
Services" and inserting "the Institute of Museum and
Library Services".
(B) Section 10412(b) of such Act (20 U.S.C. 8102(b))
is amended—
(i) in paragraph (2), by striking "the Director of
the Institute of Museum Services," and inserting "the
Director of the Institute of Museum and Library Services,"; and
(ii) in paragraph (7), by striking "the Director of
the Institute of Museum Services," and inserting "the
director of the Institute of Museum and Library Services ".
(C)'section 10414(a)(2)(B) of such Act (20 U.S.C.
8104(a)(2)(B)) is amended by striking clause (iii) and inserting the following new clause:
"(iii) the Institute of Museum and Library Services.".
(c)

REFERENCES TO OFFICE OF LIBRARIES AND LEARNING

RESOURCES.—Section 413(b)(1) of the Department of Education
Organization Act (20 U.S.C. 3473(b)(1)) is amended—
(1) by striking subparagraph (H); and
(2) by redesignating subparagraphs (I) through (M) as subparagraphs (H) through (L), respectively.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-314

(d) REFERENCE TO STATE POSTSECONDARY REVIEW E^mTY
PROGRAMS.—Section 356(b)(2) of the Higher Education Act of 1965
(20 U.S.C. 10696(b)) is amended by striking "II,".
This Act may be cited as the "Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations Act, 1997".
(f) For programs, projects or activities in the Treasury, Postal
Service, and General Appropriations Act, 1997, provided as follows,
to be effective as if it had been enacted into law as the regular
appropriations Act:
AN ACT
Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for
the fiscal year ending September 30, 1997, and for other purposes.

TITLE I—DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES

For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex;
hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies
for, real properties leased or owned overseas, when necessary for
the performance of official business; not to exceed $2,900,000 for
official travel expenses; not to exceed $150,000 for official reception
and representation expenses; not to exceed $258,000 for unforeseen
emergencies of a confidential nature, to be allocated and expended
under the direction of the Secretary of the Treasury and to be
accounted for solely on his certificate; $111,760,000.
AUTOMATION ENHANCEMENT
INCLUDING TRANSFER OF FUNDS

For the development and acquisition of automatic data processing equipment, software, and services for the Department of the
Treasury, $27,100,000, of which $15,000,000 shall be available to
the United States Customs Service for the Automated Commercial
Environment project, and of which $5,600,000 shall be available
to the United States Customs Service for the International Trade
Data System: Provided, That these funds shall remain available
until September 30, 1999: Provided further, That these funds shall
be transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department's offices, bureaus, and other
organizations: Provided further. That this transfer authority shall
be in addition to any other transfer authority provided in this
Act: Provided further, That none of the funds shall be used to
support or supplement Internal Revenue Service appropriations
for Information Systems and Tax Systems Modernization: Provided
further. That of the funds appropriated for the Automated Commercial Environment, $3,475,000 may not be obligated until the
Commissioner of Customs consults with the Committees on Appropriations regarding deficiencies identified by the General Accounting Office.

Treasury, Postal
Service, and
General
Government
Appropriations
Act, 1997.
Treasury
Department
Appropriations
Act, 1997.

110 STAT. 3009-315

PUBLIC LAW 104-208—SEPT. 30, 1996
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, not to exceed $2,000,000 for official travel expenses;
including hire of passenger motor vehicles; and not to exceed
$100,000 for unforeseen emergencies of a confidential nature, to
be allocated and expended under the direction of the Inspector
General of the Treasury; $29,736,000.
OFFICE OF PROFESSIONAL RESPONSIBILITY
SALARIES AND EXPENSES

For necessary expenses of the Office of Professional Responsibility, including purchase and hire of passenger motor vehicles,
$1,500,000.
TREASURY BUILDINGS AND ANNEX REPAIR AND RESTORATION
INCLUDING TRANSFER OF FUNDS

For the repair, alteration, and improvement of the Treasury
Building and Annex, $28,213,000, to remain available until
expended: Provided, That funds previously made available under
this title for the Secret Service Headquarter's building shall be
transferred to the Secret Service Acquisition, Construction,
Improvement and Related Expenses appropriation.
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES

For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel expenses
of non-Federal law enforcement personnel to attend meetings concerned with financial intelligence activities, law enforcement, and
financial regulation; not to exceed $14,000 for official reception
and representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement; $22,387,000:
Provided, That notwithstanding any other provision of law, the
Director of the Financial Crimes Enforcement Network may procure
up to $500,000 in specialized, unique, or novel automatic data
processing equipment, ancillary equipment, software, services, and
related resources from commercial vendors without regard to otherwise applicable procurement laws and regulations and without full
and open competition, utilizing procedures best suited under the
circumstances of the procurement to efficiently fulfill the agency's
requirements: Provided further, That funds appropriated in this
account may be used to procure personal services contracts.
DEPARTMENT OF THE TREASURY FORFEITURE FUND

For necessary expenses of the Treasury Forfeiture Fund, as
authorized by Public Law 102-393, not to exceed $10,000,000, to
be derived from deposits in the fund: Provided, That notwithstanding any other provision of law, not to exceed $7,500,000 shall

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-316

be made available for the development of a Federal wireless communication system: Provided further, That the Secretary of the Treasury is authorized to receive all unavailable collections transferred
from the Special Forfeiture Fund established by section 6073 of
the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1509) by the Director
of the Office of Drug Control Policy as a deposit into the Treasury
Forfeiture Fund (31 U.S.C. 9703(a)).
VIOLENT CRIME REDUCTION PROGRAMS
INCLUDING TRANSFER OF FUNDS

For activities authorized by Public Law 103-322, to remain
available until expended, which shall be derived from the Violent
Crime Reduction Trust Fund, as follows:
(a) As authorized by section 190001(e), $89,000,000, of which
$36,595,000 shall be available to the Bureau of Alcohol, Tobacco
and Firearms, of which $3,000,000 shall be available for administering the Gang Resistance Education and Training program, of which
$3,662,000 shall be available for ballistics technologies, including
the purchase, maintenance and upgrading of equipment and of
which $29,133,000 shall be available to enhance training and purchase equipment and services, and of which $800,000 shall be
available for project LEAD; of which $18,300,000 shall be available
to the Secretary as authorized by section 732 of Public Law 104132, as amended by Section 113 of the Fiscal Year 1997 Department
of Commerce, Justice and State, and the Judiciary, and Related
Agencies Appropriations Act; of which $1,000,000 shall be available
to the Financial Crimes Enforcement Network; of which $20,000,000
shall be available to the United States Secret Service, of which
no less than $1,400,000 shall be available for a grant for activities
related to the investigations of missing and exploited children;
and of which $13,105,000 shall be available to the Federal Drug
Control Programs, High Intensity Drug Trafficking Areas program
(b) As authorized by section 32401, $8,000,000, for disbursement through grants, cooperative agreements or contracts, to local
governments for Gang Resistance Education and Training: Provided, That notwithstanding sections 32401 and 310001, such funds
shall be allocated only to the affected State and local law enforcement and prevention organizations participating in such projects.
TREASURY FRANCHISE FUND

There is hereby established in the Treasury a franchise fund 31USC 501 note,
pilot, as authorized by section 403 of Public Law 103-356, to be
available as provided in such section for expenses and equipment
necessary for the maintenance and operation of such financial and
administrative support services as the Secretary determines may
be performed more advantageously as central services: Provided,
That any inventories, equipment, and other assets pertaining to
the services to be provided by such fund, either on hand or on
order, less the related liabilities or unpaid obligations, and any
appropriations made for the purpose of providing capital, shall
be used to capitalize such fund: Provided further. That such fund
shall be reimbursed or credited with the payments, including
advanced payments, from applicable appropriations and funds available to the Department and other Federal agencies for which such
administrative and financial services are performed, at rates which

110 STAT. 3009-317

PUBLIC LAW 104-208—SEPT. 30, 1996

will recover all expenses of operation, including accrued leave,
depreciation of fund plant and equipment, amortization of Automatic Data Processing (ADP) software and systems, and an amount
necessary to maintain a reasonable operating reserve, as determined by the Secretary: Provided further. That such fund shall
provide services on a competitive basis: Provided further, That
an amount not to exceed 4 percent of the total annual income
to such fund may be retained in the fund for fiscal year 1997
and each fiscal year thereafter, to remain available until expended,
to be used for the acquisition of capital equipment and for the
improvement and implementation of Treasury financial management, ADP, and other support systems: Provided further. That
no later than 30 days after the end of each fiscal year, amounts
in excess of this reserve limitation shall be deposited as miscellaneous receipts in the Treasury: Provided further. That such franchise
fund pilot shall terminate pursuant to section 403(f) of Public Law
103-356.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES

42 use 3771
°ote.

For necessary expenses of the Federal Law Enforcement Training Center, as a bureau of the Department of the Treasury, including materials and support costs of Federal law enforcement basic
training; purchase (not to exceed 52 for police-t3rpe use, without
regard to the general purchase price limitation) and hire of passenger motor vehicles; for expenses for student athletic and related
activities; uniforms without regard to the general purchase price
limitation for the current fiscal year; the conducting of and participating in firearms matches and presentation of awards; for public
awareness and enhancing community support of law enforcement
training; not to exceed $9,500 for official reception and representation expenses; room and board for student interns; sind services
as authorized by 5 U.S.C. 3109; $54,831,000, of which up to
$13,034,000 for materials and support costs of Federal law enforcement basic training shall remain available until September 30,
1999: Provided, That the Center is authorized to accept and use
§ift^ °^ property, both real and personal, and to accept services,
for authorized purposes, including funding of a gift of intrinsic
value which shall be awarded annually by the Director of the
Center to the outstanding student who graduated from a basic
training program at the Center during the previous fiscal year,
which shall be funded only by gifts received through the Center's
gift authority: Provided further. That notwithstanding any other
provision of law, students attending training at any Federal Law
Enforcement Training Center site shall reside in on-Center or Center-provided housing, insofar as available and in accordance with
Center policy: Provided further. That funds appropriated in this
account shall be available, at the discretion of the Director, for:
training United States Postal Service law enforcement personnel
and Postal police officers; State and local government law enforcement training on a space-available basis; training of foreign law
enforcement officials on a space-available basis with reimbursement
of actual costs to this appropriation; training of private sector
security officials on a space-available basis with reimbursement
of actual costs to this appropriation; and travel expenses of non-

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-318

Federal personnel to attend course development meetings and training at the Center: Provided further, That the Center is authorized
to obligate funds in anticipation of reimbursements from agencies
receiving training at the Federal Law Enforcement Training Center,
except that total obligations at the end of the fiscal year shall
not exceed total budgetary resources available at the end of the
fiscal year: Provided further, That the Federal Law Enforcement
Training Center is authorized to provide short term medical services
for students undergoing training at the Center.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES

For expansion of the Federal Law Enforcement Training Center,
for acquisition of necessary additional real property and facilities,
and for ongoing maintenance, facility improvements, and related
expenses, $18,884,000, to remain available until expended.
FINANCIAL MANAGEMENT SERVICE
SALARIES AND EXPENSES

For necessary expenses of the Financial Management Service,
$196,069,000, of which not to exceed $14,277,000 shall remain
available until expended for systems modernization initiatives. In
addition, $90,000, to be derived from the Oil Spill Liability Trust
Fund, to reimburse the Service for administrative and personnel
expenses for financial management of the Fund, as authorized
by section 1012 of Public Law 101-380: Provided, That none of
the funds made available for systems modernization initiatives
may not be obligated until the Commissioner of the Financial
Management Service has submitted, and the Committees on Appropriations of the House and Senate have approved, a report that
identifies, evaluates, and prioritizes all computer systems investments planned for fiscal year 1997, a milestone schedule for the
development and implementation of all projects included in the
systems investment plan, and a systems architecture plan.
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco and
Firearms, including purchase of not to exceed 650 vehicles for
police-type use for replacement only and hire of passenger motor
vehicles; hire of aircraft; and services of expert witnesses at such
rates as may be determined by the Director; for payment of per
diem and/or subsistence allowances to employees where an assignment to the National Response Team during the investigation of
a bombing or arson incident requires an employee to work 16
hours or more per day or to remain overnight at his or her post
of duty; not to exceed $12,500 for official reception and representation expenses; for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives
and fire accelerants detection; provision of laboratory assistance
to State and local agencies, with or without reimbursement;
$393,971,000, of which $12,011,000, to remain available until

29-194 O - 96 - 16 : QL 3 Part 4

110 STAT. 3009-319

PUBLIC LAW 104-208—SEPT. 30, 1996

expended, shall be available for arson investigations, with priority
assigned to any arson, explosion or violence against religious institutions; which not to exceed $1,000,000 shall be available for the
payment of attorneys' fees as provided by 18 U.S.C. 924(d)(2);
and of which $1,000,000 shall be available for the equipping of
any vessel, vehicle, equipment, or aircraft available for official use
by a State or local law enforcement agency if the conveyance will
be used in drug-related joint law enforcement operations with the
Bureau of Alcohol, Tobacco and Firearms and for the pajmient
of overtime salaries, travel, fuel, training, equipment, and other
similar costs of State and local law enforcement officers that are
incurred in joint operations with the Bureau of Alcohol, Tobacco
and Firearms: Provided, That no funds made available by this
or any other Act may be used to transfer the functions, missions,
or activities of the Bureau of Alcohol, Tobacco and Firearms to
other agencies or Departments in the fiscal year ending on September 30, 1997: Provided further, That no funds appropriated herein
shall be available for salaries or administrative expenses in connection with consolidating or centralizing, within the Department of
the Treasury, the records, or any portion thereof, of acquisition
and disposition of firearms maintained by Federal firearms licensees: Provided further. That no funds appropriated herein shall
be used to pay administrative expenses or the compensation of
any officer or employee of the United States to implement an
amendment or amendments to 27 CFR 178.118 or to change the
definition of "Curios or relics" in 27 CFR 178.11 or remove any
item from ATF Publication 5300.11 as it existed on January 1,
1994: Provided further, That none of the funds appropriated herein
shall be available to investigate or act upon applications for relief
from Federal firearms disabilities under 18 U.S.C. 925(c):Provided
further. That such funds shall be available to investigate and act
upon applications filed by corporations for relief from Federal firearms disabilities under 18 U.S.C. 925(c): Provided further. That
no funds in this Act may be used to provide ballistics imaging
equipment to any State or local authority who has obtained similar
equipment through a Federal grant or subsidy unless the State
or local authority agrees to return that equipment or to repay
that grant or subsidy to the Federal Government: Provided further.
That no funds available for separation incentive pa3anents as
authorized by section 663 of this Act may be obligated without
the advance approval of the House and Senate Committees on
Appropriations: Provided further, That no funds under this Act
may be used to electronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal identification
code.
LABORATORY FACILITIES

For necessary expenses for design of a new facility or facilities,
to house the Bureau of Alcohol, Tobacco and Firearms National
Laboratory Center and the Fire Investigation Research and Development Center, not to exceed 185,000 occupiable square feet,
$6,978,000, to remain available until expended: Provided, That
these funds shall not be available until a prospectus of authorization
for the Laboratory Facilities is approved by the House Committee
on Transportation and Infrastructure and the Senate Committee
on Environment and Public Works.

P U B L I C LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-320

UNITED STATES CUSTOMS SERVICE
SALARIES AND EXPENSES

For necessary expenses of the United States Customs Service,
including purchase of up to 1,000 motor vehicles of which 960
are for replacement only, including 990 for police-type use and
commercial operations; hire of motor vehicles; contracting with
individuals for personal services abroad; not to exceed $30,000
for official reception and representation expenses; and awards of
compensation to informers, as authorized by any Act enforced
by the United States Customs Service; $1,487,250,000; of which
$65,000,000 shall be available until expended for Operation
Hardline; of which $28,000,000 shall remain available until
expended for acquisition of aircraft and related operations and
maintenance associated with Operation Gateway; and of which
such sums as become available in the Customs User Fee Account,
except sums subject to section 13031(f)(3) of the Consolidated Omnibus Reconciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)),
shall be derived from that Account; of the total, not to exceed
$150,000 shall be available for payment for rental space in connection with preclearance operations, and not to exceed $4,000,000
shall be available until expended for research and not to exceed
$1,000,000 shall be available until expended for conducting special
operations pursuant to 19 U.S.C. 2081 and up to $6,000,000 shall
be available until expended for the procurement of automation
infrastructure items, including hardware, software, and installation:
Provided, That uniforms may be purchased without regard to the
general purchase price limitation for the current fiscal
yeax'J^rovided further, That the United States Custom Service shall
implement the General Aviation Telephonic Entry program within
30 days of enactment of this Act: Provided further. That no funds
available for separation incentive pa3rments as authorized by section
663 of this Act may be obligated without the advance approval
of the House and Senate Committees on Appropriations:Proi;ided
further, That the Spirit of St. Louis Airport in St. Louis County,
Missouri, shall be designated a port of entry: Provided further.
That no funds under this Act may be used to provide less than
30 days public notice for any change in apparel regulations: Provided further. That $750,000 shall be available for additional parttime and temporary positions in the Honolulu Customs District:
Provided further. That of the funds appropriated $2,500,000 may
be made available for the Western Hemisphere Trade Center
authorized by Public Law 103-182.
OPERATION AND MAINTENANCE, AIR AND MARINE INTERDICTION
PROGRAMS

For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and other
related equipment of the Air and Marine Programs, including operational training and mission-related travel, and rental payments
for facilities occupied by the air or marine interdiction and demand
reduction programs, the operations of which include: the interdiction
of narcotics and other goods; the provision of support to Customs
and other Federal, State, and local agencies in the enforcement
or administration of laws enforced by the Customs Service; and,
at the discretion of the Commissioner of Customs, the provision

110 STAT. 3009-321

PUBLIC LAW 104-208—SEPT. 30, 1996

of assistance to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts; $83,363,000,
which shall remain available until expended: Provided, That no
aircraft or other related equipment, with the exception of aircraft
which is one of a kind and has been identified as excess to Customs
requirements and aircraft which has been damaged beyond repair,
shall be transferred to any other Federal agency. Department,
or office outside of the Department of the Treasury, during fiscal
year 1997 without the prior approval of the House and Senate
Committees on Appropriations.
CUSTOMS SERVICES AT SMALL AIRPORTS
(TO BE DERIVED FROM FEES COLLECTED)

Such sums as may be necessary for expenses for the provision
of Customs services at certain small airports or other facilities
when authorized by law and designated by the Secretary of the
Treasury, including expenditures for the salary and expenses of
individuals employed to provide such services, to be derived from
fees collected by the Secretary pursuant to section 236 of Public
Law 98-573 for each of these airports or other facilities when
authorized by law and designated by the Secretary, and to remain
available until expended.
HARBOR MAINTENANCE FEE COLLECTION

For administrative expenses related to the collection of the
Harbor Maintenance Fee, pursuant to Public Law 103-182,
$3,000,000, to be derived from the Harbor Maintenance Trust Fund
and to be transferred to and merged with the Customs "Salaries
and Expenses" account for such purposes.
BUREAU OF THE PUBLIC DEBT
ADMINISTERING THE PUBLIC DEBT

For necessary expenses connected with any public-debt issues
of the United States; $169,735,000: Provided, That the sum appropriated herein from the General Fund for fiscal year 1997 shall
be reduced by not more than $4,400,000 as definitive security
issue fees and Treasury Direct Investor Account Maintenance fees
are collected, so as to result in a final fiscal year 1997 appropriation
from the General Fund estimated at $165,335,000.
INTERNAL REVENUE SERVICE
PROCESSING, A S S I S T A N C E , AND MANAGEMENT

For necessary expenses of the Internal Revenue Service, not
otherwise provided for; including processing tax returns; revenue
accounting; providing assistance to taxpayers, management services, and inspection; including purchase (not to exceed 150 for
replacement only for police-type use) and hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commissioner;
$1,779,840,000, of which up to $3,700,000 shall be for the Tax

P U B L I C LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-322

Counseling for the Elderly Program, and of which not to exceed
$25,000 shall be for official reception and representation expenses.
TAX LAW ENFORCEMENT

For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; tax and enforcement
litigation; technical rulings; examining employee plans and exempt
organizations; investigation and enforcement activities; securing
unfiled tax returns; collecting unpaid accounts; statistics of income
and compliance research; the purchase (for police-type use, not
to exceed 850), and hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner $4,104,211,000,
of which not to exceed $1,000,000 shall remain available until
September 30, 1999, for research.
INFORMATION SYSTEMS

For necessary expenses for data processing and telecommunications support for Internal Revenue Service activities, including
tax systems modernization and operational information systems;
the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $1,323,075,000, of which no less
than $130,075,000 shall be available for Tax Systems Modernization
(TSM) development and deployment which shall be available until
September 30, 1999, and of which no less than $206,200,000 shall
be available for TSM Operational Systems: Provided, That none
of the funds made available for TSM Operational Systems shall
be available after July 31, 1997, unless the Department of the
Treasury has prepared a Request for Proposal which could be
used as a base for a solicitation of a contract with an alternative
or new Prime Contractor to manage, integrate, test and implement
the TSM program: Provided further, That all activities associated
with the development of a request for proposal, contract solicitation,
and contract award for private sector assistance on TSM (both
operational systems and development and deployment systems),
beyond private sector assistance which is currently under contract,
shall be conducted by the Department of the Treasury's Modernization Management Board: Provided further, That if the Internal
Revenue Service determines that it is unable to meet deadlines
established herein, the Secretary of the Treasury shall notify the
Committees on Appropriations of the House and the Senate of
the delay Provided further. That the Internal Revenue Service
shall submit, by February 1, 1997, a timetable for implementing,
by October 1, 1997, recommendations made by the General Accounting Office in its July 1995 report, entitled: "Tax Systems Modernization: Management and Technical Weaknesses Must Be Corrected
If Modernization Is To Succeed": Provided further. That the Internal
Revenue Service shall submit, by December 1, 1996, a schedule
to transfer, not later than July 31, 1997, a majority of Tax Systems
Modernization development, deployment, management, integration,
and testing, from the Internal Revenue Service to the private sector.

110 STAT. 3 0 0 9 - 3 2 3

PUBLIC LAW 104-208—SEPT. 30, 1996
INFORMATION SYSTEMS
(RESCISSION)

Of the funds made available under this heading for Information
Systems in Public Law 104-52, $115,000,000 are rescinded, in
Public Law 103-123, $17,447,000 are rescinded, in Public Law
102-393, $15,000,000 are rescinded, and in Public Law 102-141,
$27,000,000 are rescinded.
ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE

26 use 7803
°ote.

SECTION 101. Not to exceed 5 percent of any appropriation
made available in this Act to the Internal Revenue Service may
be transferred to any other Internal Revenue Service appropriation
upon the advance approval of the House and Senate Committees
on Appropriations.
SEC. 102. The Internal Revenue Service shall maintain a training program to insure that Internal Revenue Service employees
are trained in taxpayers' rights, in dealing courteously with the
taxpayers, and in cross-cultural relations.
SEC. 103. The funds provided in this Act for the Internal
Revenue Service shall be used to provide as a minimum, the fiscal
year 1995 level of service, staffing, and funding for Taxpayer Services.
SEC. 104. No funds available in this Act to the Internal Revenue
Service for separation incentive pa5Tnents as authorized by section
663 of this Act may be obligated without the advance approval
of the House and Senate Committees on Appropriations.
SEC. 105. The Internal Revenue Service (IRS) may proceed
with its field support reorganization in fiscal year 1997 after it
submits its report, no earlier than March 1, 1997, to the Committees
on Appropriations of the House and Senate only if the IRS maintains, in fiscal year 1997, the current level of taxpayer service
employees that work on cases generated through walk in vists
and telephone calls to IRS offices.
SEC. 106. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved facilities and increased manpower to provide sufficient and effective
1-800 help line for taxpayers. The Commissioner shall make the
improvement of the IRS 1-800 help line service a priority and
allocate resources necessary to increase phone lines and staff to
improve the IRS 1-800 help line service.
SEC. 107. No funds made available by this Act, or any other
Act, to the Internal Revenue Service may be used to pay for the
design and printing of more than two ink colors on the covers
of income tax packages, and such ink colors must be the same
colors as used to print the balance of the material in each package.
SEC. 108. Notwithstanding any other provision of law, no field
support reorganization of the Internal Revenue Service shall be
undertaken in Aberdeen, South Dakota until the Internal Revenue
Service toll-free help phone line assistance program reaches at
least an 80 percent service level. The Commissioner shall submit
to Congress a report and the GAO shall certify to Congress that
the 80 percent service level has been met.

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-324

UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES

For necessary expenses of the United States Secret Service,
including purchase (not to exceed 702 vehicles for police-type use,
of which 665 shall be for replacement only), and hire of passenger
motor vehicles; hire of aircraft; training and assistance requested
by State and local governments, which may be provided without
reimbursement; services of expert witnesses at such rates as may
be determined by the Director; rental of buildings in the District
of Columbia, and fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership or control, as may be necessary to perform protective functions; for payment of per diem and/or subsistence allowances to employees where
a protective assignment during the actual day or days of the visit
of a protectee require an employee to work 16 hours per day
or to remain overnight at his or her post of duty; the conducting
of and participating in firearms matches; presentation of awards;
and for travel of Secret Service employees on protective missions
without regard to the limitations on such expenditures in this
or any other Act: Provided, That approval is obtained in advance
from the House and Senate Committees on Appropriations; for
repairs, alterations, and minor construction at the James J. Rowley
Secret Service Training Center; for research and development; for
making grants to conduct behavioral research in support of protective research and operations; not to exceed $20,000 for official
reception and representation expenses; not to exceed $50,000 to
provide technical assistance and equipment to foreign law enforcement organizations in counterfeit investigations; for payment in
advance for commercial accommodations as may be necessary to
perform protective functions; and for uniforms without regard to
the general purchase price limitation for the current fiscal year:
Provided further, That 3 U.S.C. 203(a) is amended by deleting
"but not exceeding twelve hundred in number"; $528,262,000, of
which $1,200,000 shall be available as a grant for activities related
to the investigations of missing and exploited children and shall
remain available until expended.
SALARIES AND EXPENSES
(RESCISSION)

Of the funds made available under this heading in Public
Law 104-52, $7,600,000 are rescinded.
ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND RELATED
EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of construction, repair, alteration, and
improvement of facilities, $37,365,000, of which $8,200,000 shall
be available for the Rowley Secret Service Training Center, to
remain available until expended: Provided, That funds previously
provided under the title, "Treasury Buildings and Annex Repair
and Restoration," for the Secret Service's Headquarters Building,
shall be transferred to this account: Provided further. That funds
for the Rowley Secret Service Training Center shall not be available

110 STAT. 3009-325

PUBLIC LAW 104-208—SEPT. 30, 1996

until a prospectus authorizing such facilities is approved in accordance with the Public Buildings Act of 1959, as amended, except
that funds may be expended for required expenses in connection
with the development of a proposed prospectus.
GENERAL PROVISIONS—DEPARTMENT OF THE TREASURY

26 use 6103
note.

SECTION 111. Any obligation or expenditure by the Secretary
in connection with law enforcement activities of a Federal agency
or a Department of the Treasury law enforcement organization
in accordance with 31 U.S.C. 9703(g)(4)(B) from unobligated balances remaining in the Fund on September 30, 1997, shall be
made in compliance with the reprogramming guidelines contained
in the House and Senate reports accompanying this Act.
SEC. 112. Appropriations to the Treasury Department in this
Act shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated
in foreign countries; purchase of motor vehicles without regard
to the general purchase price limitations for vehicles purchased
and used overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
SEC. 113. None of the funds appropriated by this title shall
be used in connection with the collection of any underpayment
of any tax imposed by the Internal Revenue Code of 1986 unless
the conduct of officers and employees of the Internal Revenue
Service in connection with such collection, including any private
sector employees under contract to the Internal Revenue Service,
complies with subsection (a) of section 805 (relating to communications in connection with debt collection), and section 806 (relating
to harassment or abuse), of the Fair Debt Collection Practices
Act (15 U.S.C. 1692).
SEC. 114. The Internal Revenue Service shall institute policies
and procedures which will safeguard the confidentiality of taxpayer
information.
SEC. 115. The funds provided to the Bureau of Alcohol Tobacco
and Firearms for fiscal year 1997 in this Act for the enforcement
of the Federal Alcohol Administration Act shall be expended in
a manner so as not to diminish enforcement efforts with respect
to section 105 of the Federal Alcohol Administration Act.
SEC. 116. Paragraph (3)(C) of section 9703(g) of title 31, United
States Code, is amended—
(1) by striking in the third sentence "and at the end of
each fiscal year thereafter";
(2) by inserting in lieu thereof "1994, 1995, and 1996";
and
(3) by adding at the end the following new sentence: "At
the end of fiscal year 1997, and at the end of each fiscal
year thereafter, the Secretary shall reserve any amounts that
are required to be retained in the Fund to ensure the availability of amounts in the subsequent fiscal year for purposes
authorized under subsection (a)."
SEC. 117. Of the funds available to the Internal Revenue Service, $13,000,000 shall be made available to continue the private
sector debt collection program which was initiated in fiscal year

P U B L I C LAW 104-208—SEPT. 30, 1996

110 STAT. 3 0 0 9 - 3 2 6

1996 and $13,000,000 shall be transferred to the Departmental
Offices appropriation to initiate a new private sector debt collection
program: Provided, That the transfer provided herein shall be in
addition to any other transfer authority contained in this Act.
SEC. 118. Section 923^) of title 18, United States Code, is
amended by striking the period after the last sentence, and inserting
the following: ", including the right of a licensee to conduct 'curios
or relics' firearms transfers and business away from their business
premises with another licensee without regard as to whether the
location of where the business is conducted is located in the State
specified on the license of either licensee.".
This title may be cited as the "Treasury Department Appropriations Act, 1997".
TITLE II—POSTAL SERVICE
PAYMENTS TO THE POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND

For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code, $85,080,000:
Provided, That mail for overseas voting and mail for the blind
shall continue to be free: Provided further. That 6-day delivery 39 USC 403 note,
and rural delivery of mail shall continue at not less than the
1983 level: Provided further, That none of the funds made available
to the Postal Service by this Act shall be used to implement any
rule, regulation, or policy of charging any officer or employee of
any State or local child support enforcement agency, or any individual participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an
address of a postal customer: Provided further. That none of the
funds provided in this Act shall be used to consolidate or close
small rural and other small post offices in the fiscal year ending
on September 30, 1997.
PAYMENT TO THE POSTAL SERVICE FUND FOR NONFUNDED LIABILITIES

For payment to the Postal Service Fund for meeting the liabilities of the former Post Office Department to the Employees' Compensation Fund pursuant to 39 United States Code 2004,
$35,536,000.
TITLE III—EXECUTIVE OFFICE OF THE PRESIDENT AND
FUNDS APPROPRIATED TO THE PRESIDENT

Executive Office
Appropriations
Act, 1997.

COMPENSATION OF THE PRESIDENT AND THE WHITE HOUSE OFFICE
COMPENSATION OF THE PRESIDENT

For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C.
102, $250,000: Provided, That none of the funds made available 3 USC102 note,
for official expenses shall be expended for any other purpose and
any unused amount shsQl revert to the Treasury pursuant to section
1552 of title 31, United States Code: Provided further. That none

110 STAT. 3009-327

PUBLIC LAW 104-208—SEPT. 30, 1996

of the funds made available for official expenses shall be considered
as taxable to the President.
SALARIES AND EXPENSES

For necessary expenses for the White House as authorized
by law, including not to exceed $3,850,000 for services as authorized
by 5 U.S.C. 3109 and 3 U.S.C. 105; including subsistence expenses
as authorized by 3 U.S.C. 105, which shall be expended and
accounted for as provided in that section; hire of passenger motor
vehicles, newspapers, periodicals, teletype news service, and travel
(not to exceed $100,000 to be expended and accounted for as provided by 3 U.S.C. 103); not to exceed $19,000 for official entertainment expenses, to be available for allocation within the Executive
Office of the President; $40,193,000: Provided, That $420,000 of
the funds appropriated may not be obligated until the Director
of the Office of Administration has submitted, and the Committees
on Appropriations of the House and Senate have approved, a report
that identifies, evaluates, and prioritizes all computer systems
investments planned for fiscal year 1997, a milestone schedule
for the development and implementation of all projects included
in the systems investment plan, and a systems architecture plan.
EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

For the care, maintenance, repair and alteration, refurnishing,
improvement, heating and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $7,827,000, to be expended
and accounted for as provided by 3 U.S.C. 105, 109-110, 112114.
SPECIAL ASSISTANCE TO THE PRESIDENT AND THE OFFICIAL
RESIDENCE OF THE VICE PRESIDENT
SALARIES AND EXPENSES

For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions, services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
106, including subsistence expenses as authorized by 3 U.S.C. 106,
which shall be expended and accounted for as provided in that
section; and hire of passenger motor vehicles; $3,280,000: Provided,
That $150,000 of the funds appropriated may not be obligated
until the Director of the Office of Administration has submitted,
and the Committees on Appropriations of the House and Senate
have approved, a report that identifies, evaluates, and prioritizes
all computer systems investments planned for fiscal year 1997,
a milestone schedule for the development and implementation of
all projects included in the systems investment plan, and a systems
architecture plan.
OPERATING EXPENSES

For the care, operation, refurnishing, improvement, heating
and lighting, including electric power and fixtures, of the official

P U B L I C LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-328

residence of the Vice President, the hire of passenger motor vehicles,
and not to exceed $90,000 for official entertainment expenses of
the Vice President, to be accounted for solely on his certificate;
$324,000: Provided, That advances or repajrments or transfers from
this appropriation may be made to any department or agency for
expenses of carrying out such activities: Provided further. That
$8,000 of the funds appropriated may not be obligated until the
Director of the Office of Administration has submitted for approval
to the Committees on Appropriations of the House and Senate
a report that identifies, evaluates, and prioritizes all computer
systems investments planned for fiscal year 1997, a milestone schedule for the development and implementation of all projects included
in the systems investment plan, and a systems architecture plan.
COUNCIL OF ECONOMIC ADVISERS
SALARIES AISFD EXPENSES

For necessary expenses of the Council in carrying out its functions under the Employment Act of 1946 (15 U.S.C. 1021),
$3,439,000.
OFFICE OF POLICY DEVELOPMENT
SALARIES AND EXPENSES

For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109, and 3 U.S.C.
107; $3,867,000: Provided, That $45,000 of the funds appropriated
may not be obligated until the Director of the Office of Administration has submitted, and the Committees on Appropriations of the
House and Senate have approved, a report that identifies, evaluates,
and prioritizes all computer systems investments planned for fiscal
year 1997, a milestone schedule for the development and
implementation of all projects included in the systems investment
plan, and a systems architecture plan.
NATIONAL SECURITY COUNCIL
SALARIES AND EXPENSES

For necessary expenses of the National Security Council, including services as authorized by 5 U.S.C. 3109, $6,648,000: Provided,
That $3,000 of the funds appropriated may not be obligated until
the Director of the Office of Administration has submitted, and
the Committees on Appropriations of the House and Senate have
approved, a report that identifies, evaluates, and prioritizes all
computer systems investments planned for fiscal year 1997, a milestone schedule for the development and implementation of all
projects included in the systems investment plan, and a systems
architecture plan.
OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Administration,
$26,100,000, including services as authorized by 5 U.S.C. 3109

110 STAT. 3009-329

PUBLIC LAW 104-208—SEPT. 30, 1996

and 3 U.S.C. 107, and hire of passenger motor vehicles: Provided,
That $340,700 of the funds appropriated may not be obHgated
until the Director of the Office of Administration has submitted,
and the Committees on Appropriations of the House and Senate
have approved, a report that identifies, evaluates, and prioritizes
all computer systems investments planned for fiscal year 1997,
a milestone schedule for the development and implementation of
all projects included in the systems investment plan, and a systems
architecture plan.
OFFICE OF MANAGEMENT AND BUDGET
SALARIES AND EXPENSES

For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles, services as
authorized by 5 U.S.C. 3109, $55,573,000, of which not to exceed
$5,000,000 shall be available to carry out the provisions of 44
U.S.C. chapter 35: Provided, That, as provided in 31 U.S.C. 1301(a),
appropriations shall be applied only to the objects for which appropriations were made except as otherwise provided by law: Provided
further, That none of the funds appropriated in this Act for the
Office of Management and Budget may be used for the purpose
of reviewing any agricultural marketing orders or any activities
or regulations under the provisions of the Agricultural Marketing
Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further.
That none of the funds made available for the Office of Management
and Budget by this Act may be expended for the altering of the
transcript of actual testimony of witnesses, except for testimony
of officials of the Office of Management and Budget, before the
House and Senate Committees on Appropriations or the House
and Senate Committees on Veterans' Affairs or their subcommittees:
Provided further. That this proviso shall not apply to printed hearings released by the House and Senate Committees on Appropriations or the House and Senate Committees on Veterans' Affairs.
OFFICE OF NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to title I of Public Law
100-690; not to exceed $8,000 for official reception and representation expenses; and for participation in joint projects or in the
provision of services on matters of mutual interest with nonprofit,
research, or public organizations or agencies, with or without
reimbursement; $35,838,000, of which $19,000,000 shall remain
available until expended, consisting of $1,000,000 for policy research
and evaluation and $18,000,000 for the Counter-Drug Technology
Assessment Center for counternarcotics research and development
projects of which $1,000,000 shall be obligated for state conferences
on model state drug laws: Provided, That the $17,000,000 for the
Counter-Drug Technology Assessment Center shall be available
for transfer to other Federal departments or agencies: Provided
further. That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, for the purpose of aiding

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-330

or facilitating the work of the Office: Provided further, That not
before January 31, 1997, the Director of the Office of National
Drug Control Policy shall transfer all balances in the Special Forfeiture Fund established by section 6073 of the Anti-Drug Abuse Act
of 1988 (21 U.S.C. §1509) to the Treasury Forfeiture Fund (31
U.S.C. 9703(a)).
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program,
$127,102,000 for drug control activities consistent with the approved
strategy for each of the designated High Intensity Drug Trafficking
Areas, of which $3,000,000 shall be used for a newly designated
High Intensity Drug Trafficking Area in Lake County, Indiana;
of which $6,000,000 shall be used for a newly designated High
Intensity Drug Trafficking Area for the Gulf Coast States of Louisiana, Alabama, and Mississippi; of which $8,000,000 shall be used
for a newly designated High Intensity Drug Trafficking Area dedicated to combating methamphetamine use, production and trafficking in a five State area including Iowa, Missouri, Nebraska, South
Dakota, and Kansas; of which $3,000,000 shall be used for a newly
designated High Intensity Drug Trafficking Area in the State of
Colorado; of which $3,000,000 shall be used for a newly designated
High Intensity Drug Trafficking Area in the Pacific Northwest;
of the total amount appropriated, including transferred funds, no
less than $71,000,000 shall be transferred to State and local entities
for drug control activities, and up to $69,207,000 may be transferred
to Federal agencies and departments at a rate to be determined
by the Director: Provided, That the funds made available under
this head shall be obligated within 90 days of the date of enactment
of this Act.
This title may be cited as the "Executive Office Appropriations
Act, 1997".
TITLE IV—INDEPENDENT AGENCIES

Independent
Agencies

COMMITTEE FOR PURCHASE FROM PEOPLE W H O ARE BLIND OR
SEVERELY DISABLED
SALARIES AND EXPENSES

For necessary expenses of the Committee for Purchase From
People Who Are Blind or Severely Disabled established by the
Act of June 23, 1971, PubHc Law 92-28; $1,800,000.
FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, as amended, $28,165,000,
of which no less than $2,500,000 shall be available for internal
automated data processing systems, and of which not to exceed
$5,000 shall be available for reception and representation expenses.

Appropriations
^ " ' ^^^'•

110 STAT. 3009-331

PUBLIC LAW 104-208—SEPT. 30, 1996
FEDERAL LABOR RELATIONS AUTHORITY
SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal
Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including
services as authorized by 5 U.S.C. 3109, including hire of experts
and consultants, hire of passenger motor vehicles, rental of conference rooms in the District of Columbia and elsewhere;
$21,588,000: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in
lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons
employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C. 3302, funds received from fees charged to nonFederal participants at labor-management relations conferences
shall be credited to and merged with this account, to be available
without further appropriation for the costs of carrying out these
conferences.
GENERAL SERVICES ADMINISTRATION
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFER OF FUNDS)

For additional expenses necessary to carry out the purpose
of the Fund established pursuant to section 210(f) of the Federal
Property and Administrative Services Act of 1949, as amended
(40 U.S.C. 490(f)), $400,544,000, to be deposited into said Fund.
The revenues and collections deposited into the Fund shall be
available for necessary expenses of real property management and
related activities not otherwise provided for, including operation,
maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including space
adjustments and telecommunications relocation expenses) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings, and moving;
repair and alteration of federally owned buildings including
grounds, approaches and appurtenances; care and safeguarding of
sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to purchase
buildings and sites; conversion and extension of federally owned
buildings; preliminary planning and design of projects by contract
or otherwise; construction of new buildings (including equipment
for such buildings); and payment of principal, interest, taxes, and
any other obligations for public buildings acquired by installment
purchase and purchase contract, in the aggregate amount
of$5,555,544,000 of which (1) not to exceed $657,711,000 shall remain available until expended for construction of additional projects
and at maximum construction improvement costs (including funds
for sites and expenses and associated design and construction services) as follows:

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-332

New Construction:
California:
Fresno, Federal Building and U.S. Courthouse, $6,595,000
Colorado:
Denver, Rogers Federal Building-U.S. Courthouse,
$9,545,000
District of Columbia:
U.S. Courthouse Annex, $5,703,000
Florida:
Miami, U.S. Courthouse, $24,990,000
Orlando, U.S. Courthouse, $9,514,000
Kentucky:
Covington, U.S. Courthouse, $17,134,000
London, U.S. Courthouse, $13,732,000
Montana:
Babb, Piegan Border Station, $333,000
Sweetgrass, Border Station, $1,059,000
Nevada:
Las Vegas, U.S. Courthouse, $83,719,000
New York:
Brooklyn, U.S. Courthouse, $169,000,000
Ohio:
Cleveland, U.S. Courthouse, $128,559,000
Youngstown, U.S. Courthouse, $15,813,000
Oregon:
Portland, Consolidated Law Federal Office Building,
$4,750,000
Pennsylvania:
Erie, U.S. Courthouse Annex, $3,300,000
Philadelphia, DVA-Federal Complex, Phase II, $13,765,000
South Carolina:
Columbia, U.S. Courthouse Annex, $43,848,000
Texas:
Corpus Christi, U.S. Courthouse, $24,161,000
Utah:
Salt Lake City, Moss U.S. Courthouse Annex and Alteration, $11,474,000
Washington:
Blaine, U.S. Border Station, $13,978,000
Oroville, U.S. Border Station, $1,452,000
Seattle, U.S. Courthouse, $16,853,000
Sumas, U.S. Border Station (Claim), $1,177,000
Nationwide:
Non-prospectus construction projects, $10,000,000
Security Enhancements, $27,256,000:
Provided, That each of the immediately foregoing limits of costs
on new construction projects may be exceeded to the extent that
savings are affected in other such projects, but not to exceed 10
percent unless advance approval is obtained from the House and
Senate Committees on Appropriations of a greater amount: Provided
further, That the cost of future U.S. Courthouse annex projects
shall reflect savings through improving design efficiencies, curtailing planned interior finishes, requiring more efficient use of courtroom and library space, and by otherwise limiting space requirements: Providing further, That from funds available in the Federal
Buildings Fund, $20,000,000 shall be available until expended for
environmental clean up activities at the Southeast Federal Center

110 STAT. 3 0 0 9 - 3 3 3

PUBLIC LAW 104-208—SEPT. 30, 1996

in the District of Columbia and $81,000,000 shall be available
until expended for design and construction activities at the Consolidated Law Federal Office Building in Portland, Oregon: Provied
further. That from funds available for non-prospectus construction
projects, $250,000 may be available until expended for the acquisition, lease, construction, and equipping of flexiplace work telecommuting centers in West Virginia: Provided further, That all
funds for direct construction projects shall expire on September
30, 1999: (2) not to exceed $639,000,000 shall remain available
until expended, for repairs and alterations which includes associated
design and construction services: Provided further. That funds in
the Federal Buildings Fund for Repairs and Alterations shall, for
prospectus projects, be limited to the amount by project as follows,
except each project may be increased by an amount not to exceed
10 per centum unless advance approval is obtained from the Committees on Appropriations of the House and Senate of a greater
amount:
Repairs and alterations:
District of Columbia:
Ariel Rios Building, $62,740,000
Justice Department, Phase 1 of 3, $50,000,000
Lafayette Building, $5,166,000
Hawaii:
Honolulu, Prince Jonah Kuhio Kalanianaole Federal Building and U.S. Courthouse, $4,140,000
Illinois:
Chicago, Everett M. Dirksen Federal Building, $18,844,000
Chicago, John C. Kluczynski, Jr. Federal Building (IRS),
$13,414,000
Louisiana:
New Orleans, Customhouse, $3,500,000
Maryland:
Montgomery County, White Oak environmental clean up
activities, $10,000,000
Massachusetts:
Andover, IRS Regional Service Center, $812,000
New Hampshire:
Concord, J.C. Cleveland Federal Building, $8,251,000
New Jersey:
Camden, U.S. Post Office-Courthouse $11,096,000
New York:
Albany, James T. Foley Post Office-Courthouse, $3,880,000
Brookhaven, IRS Service Center, $2,272,000
New York, Jacob K. Javits Federal Building, $13,651,000
Pennsylvania:
Scranton, Federal Building-U.S. Courthouse, $10,610,000
Rhode Island:
Providence, Federal Building-U.S. Courthouse, $8,209,000
TGX3.S '

Fort Worth, Federal Center, $11,259,000
Nationwide:
Chlorofluorocarbons Program, $23,456,000
Elevator Program, $10,000,000
Energy Program, $20,000,000
Security Enhancements, various buildings, $2,700,000
Basic Repairs and Alterations, $345,000,000:

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-334

Provided further, That additional projects for which prospectuses
have been fully approved may be funded under this category only
if advance approval is obtained from the Committees on Appropriations of the House and Senate: Provided further, That the amounts
provided in this or any prior Act for Repairs and Alterations may
be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance
with the reprogramming guidelines of the appropriate Committees
of the House and Senate: Provided further. That funds in the
Federal Buildings Fund for Repairs and Alterations shall, for
prospectus projects, be limited to the originally authorized amount,
except each project may be increased by an amount not to exceed
10 percent when advance approval is obtained from the Committees
on Appropriations of the House and Senate of a greater amount:
Provided further, That the difference between the funds appropriated and expended on any projects in this or any prior Act,
under the heading "Repairs and Alterations", may be transferred
to Basic Repairs and Alterations or used to fund authorized
increases in prospectus projects: Provided further. That from funds
made available for Basic Repairs and Alterations, $8,000,000 shall
be made available for renovation of the Agricultural Research Service Laboratory in Ames, Iowa, which is currently occupied by the
Animal and Plant Health Inspection Service: Provided further. That
from funds made available for Basic Repairs and Alterations,
$1,450,000 may be available for the renovation of the Pioneer Courthouse located at 520 SW Morrison, in Portland, Oregon: Provied
further. That from funds made available for Basic Repairs and
Alterations, $6,000,000 shall be used for necessary expenses associated with ongoing construction of the U.S. Courthouse in Montgomery, Alabama: Provided further. That from funds made available
for Basic Repairs and Alterations, $100,000 shall be transferred
to the National Park Service "Construction" appropriation for restoration and maintenance of the multi-purpose field at Wallenberg
Place in Washington, DC: Provided further. That all funds for
repairs and alterations prospectus projects shall expire on September 30, 1999, and remain in the Federal Buildings Fund except
funds for projects as to which funds for design or other funds
have been obligated in whole or in part prior to such date: Provided
further, That the amount provided in this or any prior Act for
Basic Repairs and Alterations may be used to pay claims against
the Government arising from any projects under the heading "Repairs and Alterations" or used to fund authorized increases in
prospectus projects: Provided further. That $5,700,000 of the funds
provided under this heading in Public Law 103-329, for the IRS
Service Center, Holtsville, New York, shall be available until September 30, 1998; (3) not to exceed $173,075,000 for installment
acquisition payments including payments on purchase contracts
which shall remain available until expended: Provided further. That
up to $1,500,000 shall be available for a design prospectus of
the Federal Building and U.S. Courthouse located at 811 Grand
Avenue in Kansas City, Missouri; (4) not to exceed $2,343,795,000
for rental of space which shall remain available until expended;
and (5) not to exceed $1,552,651,000 for building operations which
shall remain available until expended and of which $8,000,000
shall be transferred to the "Policy and Operations" appropriation:
Provided further. That funds available to the General Services

110 STAT. 3009-335

PUBLIC LAW 104-208—SEPT. 30, 1996

Administration shall not be available for expenses in connection
with any construction, repair, alteration, and acquisition project
for which a prospectus, if required by the Public Buildings Act
of 1959, as amended, has not been approved, except that necessary
funds may be expended for each project for required expenses
in connection with the development of a proposed prospectus: Provided further, That the Administrator of Greneral Services shall,
at the earliest practicable date, initiate discussions with the Smithsonian Institution on the feasibility of transferring Federal Building
lOB located at 600 Independence Avenue SW., Washington, DC
to the Smithsonian Institution at such price and under such terms
and conditions as determined appropriate by the Administrator
and subject to the prior approval of the appropriate authorizing
and appropriations committees of the Congress: Provided further.
That funds provided in this Act under the heading "Security Enhancements, various buildings" may be used, by project in accord40 use 872 note, ance with an approved prospectus: Provided further. That the Administrator is authorized in fiscal year 1997 and thereafter, to
enter into and perform such leases, contracts, or other transactions
with any agency or instrumentality of the United States, the several
States, or the District of Columbia, or with any person, firm, association, or corporation, as may be necessary to implement the trade
center plan at the Federal Triangle Project and is hereby granted
all the rights and authorities of the former Pennsylvania Avenue
Development Corporation (PADC) with regard to property transferred from the PADC to the General Services Administration in
fiscal year 1996: Provided further. That notwithstanding any other
provision of law, the Administrator of General Services is hereby
authorized to use all funds transferred from the PADC or income
earned on PADC properties for activities associated with carrying
out the responsibilities of the PADC transferred to the Administrator of General Services and that any such income earned on
or after April 1, 1996, shall be deposited to the Pennsylvania
Avenue Activities account and shall remain available until expended: Provided further. That any funds or income as may be
deemed by the Administrator as excess to the amount needed
to fulfill the PADC responsibilities transferred to the Administrator
of General Services, shall be applied to any outstanding debt, with
the exception of debt associated with the Ronald Reagan Building
and International Trade Center, incurred by the PADC in the
course of acquiring real estate: Provided further, That with respect
to real property transferred from the PADC to the General Services
Administration pursuant to section 313 of Public Law 104-134,
Title III, General Provisions, the Administrator of General Services
is hereafter authorized and dii^ected to make payments required
by section 10(b) of the PADC Act of 1972, Public Law 92-578
in the same manner as previously paid by the PADC: Provided
further, That for the purposes of this authorization, buildings constructed pursuant to the purchase contract authority of the Public
Buildings Amendments of 1972 (40 U.S.C. 602a), buildings occupied
pursuant to installment purchase contracts, and buildings under
the control of another department or agency where alterations
of such buildings are required in connection with the moving of
such other department or agency from buildings then, or thereafter
to be, under the control of the General Services Administration
shall be considered to be federally owned buildings: Provided further, That funds available in the Federal Buildings Fund may

PUBLIC LAW 104-208—SEPT. 30, 1996

110 STAT. 3009-336

be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations of the House and
Senate: Provided further, That amounts necessary to provide reimbursable special services to other agencies under section 210(f)(6)
of the Federal Property and Administrative Services Act of 1949,
as amended (40 tJ.S.C. 490(f)(6)) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other facilities
on private or other property not in (government ownership or control
as may be appropriate to enable the United States Secret Service
to perform its protective functions pursuant to 18 U.S.C. 3056,
as amended, shall be available from such revenues and collections:
Provided further, That revenues and collections and any other sums
accruing to this Fund during fiscal year 1997, excluding reimbursements under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)(6)) in excess of
$5,555,544,000 shall remain in the Fund and shall not be available
for expenditure except as authorized in appropriations Acts.
POLICY AND OPERATIONS

For expenses authorized by law, not otherwise provided for,
for Government-wide policy and oversight activities associated with
asset management activities; utilization and donation of surplus
personal property; transportation management activities; procurement and supply management activities; Government-wide and
internal responsibilities relating to automated data management,
telecommunications, information resources management, and
related technology activities; utilization survey, deed compliance
inspection, appraisal, environmental and cultural analysis, and land
use planning functions pertaining to excess and surplus real property; agency-wide policy direction; Board of Contract Appeals;
accounting, records management, and other support services
incident to adjudication of Indian Tribal Claims by the United
States Court of Federal Claims; services as authorized by 5 U.S.C.
3109; and not to exceed $5,000 for official reception and representation expenses; $110,173,000.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $33,863,000: Provided, That
not to exceed $5,000 shall be available for payment for information
and detection of fraud against the Government, including payment
for recovery of stolen Government property: Provided further. That
not to exceed $2,500 shall be available for awards to employees
of other Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of Inspector
Greneral effectiveness.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

For carrying out the provisions of the Act of August 25, 1958,
as amended (3 U.S.C. 102 note), and Public Law 95-138, $2,180,000:
Provided, That the Administrator of General Services shall transfer
to the Secretary of the Treasury such sums as may be necessary
to carry out the provisions of such Acts.

110 STAT. 3009-337

PUBLIC LAW 104-208—SEPT. 30, 1996
EXPENSES, PRESIDENTIAL TRANSITION

For expenses necessary to carry out the Presidential Transition
Act of 1963, as amended (3 U.S.C. 102 note), $5,600,000.
GENERAL PROVISIONS—GENERAL SERVICES ADMINISTRATION
SECTION 401. The appropriate appropriation or fund available
to the General Services Administration shall be credited with the
cost of operation, protection, maintenance, upkeep, repair, and
improvement, included as part of rentals received from Crovernment
corporations pursuant to law (40 U.S.C. 129).
SEC. 402. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.
SEC. 403. Funds in the Federal Buildings Fund made available
for fiscal year 1997 for Federal Buildings Fund activities may
be transferred between such activities only to the extent necessary
to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House and Senate.
SEC. 404. No funds made available by this Act shall be used
to transmit a fiscal year 1998 request for United States Courthouse
construction that does not meet the design guide standards for
construction as established by the General Services Administration,
the Judicial Conference of the United States, and the Office of
Management and Budget and does not reflect the priorities of
the Judicial Conference of the United States as set out in its
approved 5-year construction plan: Provided, That the request must
be accompanied by a standardized courtroom utilization study of
each facility to be replaced or expanded.
SEC. 405. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency
which does not pay the requested rate per square foot assessment
for space and services as determined by the General Services
Administration in compliance with the Pu