[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1358 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
January 9, 1996.
Resolved, That the House agree to the amendment of the Senate to
the bill (H.R. 1358) entitled ``An Act to require the Secretary of
Commerce to convey to the Commonwealth of Massachusetts the National
Marine Fisheries Services laboratory located on Emerson Avenue in
Gloucester, Massachusetts'', with the following
AMENDMENT:
At the end of the matter inserted by said amendment, insert:
TITLE I
That the following sums are hereby appropriated, out of any money
in the Treasury not otherwise appropriated, and out of applicable
corporate or other revenues, receipts, and funds, for the several
departments, agencies, corporations, and other organizational units of
Government for the fiscal year 1996, and for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary under the authority
and conditions provided in the applicable appropriations Act for the
fiscal year 1995 for continuing the following projects or activities
including the costs of direct loans and loan guarantees (not otherwise
specifically provided for in this Act) which were conducted in the
fiscal year 1995:
(1) all allowances paid under section 5(b) of the Peace
Corps Act, 22 U.S.C. section 2504, notwithstanding section 10
of Public Law 91-672, at a rate for operations, notwithstanding
any other provision of this Act, provided for in the conference
report and joint explanatory statement of the Committee of
Conference (House Report 104-295) on the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1996
(H.R. 1868), as passed by the House of Representatives on
October 31, 1995;
(2) all activities, including administrative expenses,
necessary to process single-family mortgage loans and
refinancing for low-income and moderate-income families funded
under the Federal Housing Administration's ``FHA-mutual
mortgage insurance program account'' and ``FHA-general and
special risk program account'' in the Department of Housing and
Urban Development at a rate for operations, notwithstanding any
other provision of this Act, provided for in the conference
report and joint explanatory statement of the Committee of
Conference (House Report 104-384) on the Veterans Affairs and
Housing and Urban Development, and Independent Agencies
Appropriations Act, 1996 (H.R. 2099), as passed by the House of
Representatives on December 7, 1995;
(3) all projects and activities directly related to the
security of United States diplomatic posts and facilities
abroad, notwithstanding section 15 of the State Department
Basic Authorities Act of 1956 at a rate for operations,
notwithstanding any other provision of this Act, provided for
in the conference report and joint explanatory statement of the
Committee of Conference (House Report 104-378) on the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1996 (H.R. 2076), as
passed by the House of Representatives on December 6, 1995;
(4) activities funded under the account heading ``Emergency
food and shelter program'' in the Federal Emergency Management
Agency: Provided, That, notwithstanding any other provision of
this Act, the amount made available by this Act shall not
exceed $46,000,000: Provided further, That not to exceed three
and one-half per centum of the amount made available shall be
for administrative costs;
(5) all retirement pay and medical benefits for Public
Health Services 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 Dependent's 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)) at
a rate for operations, notwithstanding any other provision of
this Act, provided for in the Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Act, 1996 (H.R. 2127), as passed by the House of
Representatives on August 4, 1995;
(6) all projects and activities of the Federal Bureau of
Investigation, Drug Enforcement Administration, Interagency
Crime and Drug Enforcement, Federal Prison System, United
States Attorneys, United States Marshals Service, Federal
Prisoner Detention, Fees and Expenses of Witnesses, Immigration
and Naturalization Service, and the Executive Office for
Immigration Review, necessary for the investigation and
prosecution of criminal and civil offenses; national security;
the apprehension, detention and removal of illegal and criminal
aliens; the incarceration, detention, and movement of Federal
prisoners and detainees; and the protection of the Federal
judiciary at a rate for operations, notwithstanding any other
provision of this Act, provided for in the conference report
and joint explanatory statement of the Committee of Conference
(House Report 104-378) on the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 1996 (H.R. 2076), as passed by the House of
Representatives on December 6, 1995;
(7) all projects and activities of the Judiciary to the
extent and in the manner and at a rate for operations,
notwithstanding any other provision of this Act, provided for
in the conference report and joint explanatory statement of the
Committee of Conference (House Report 104-378) on the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1996 (H.R. 2076), as
passed by the House of Representatives on December 6, 1995;
(8) all projects and activities necessary to provide for
the expenses of State surveys and certifications under the
account heading ``Program Management'' under the Health Care
Financing Administration in the Department of Health and Human
Services;
(9) trade adjustment assistance benefits and North American
Free Trade Act benefits funded under the account heading
``Federal Unemployment Benefits and Allowances'' under the
Employment and Training Administration in the Department of
Labor;
(10) payments to the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds under the
account heading ``Payments to Health Care Trust Funds'' under
the Health Care Financing Administration in the Department of
Health and Human Services;
(11) all projects and activities necessary to provide for
the expenses of Medicare contractors under title XVIII of the
Social Security Act under the account heading ``Program
Management'' under the Health Care Financing Administration in
the Department of Health and Human Services;
(12) all projects and activities funded under the account
heading ``Grants to States for Medicaid'' under the Health Care
Financing Administration in the Department of Health and Human
Services;
(13) all projects and activities of the National Institutes
of Health in the Department of Health and Human Services at a
rate for operations, notwithstanding any other provision of
this Act, provided for in the Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Act, 1996 (H.R. 2127), as passed by the House of
Representatives on August 4, 1995;
(14) all projects and activities necessary to carry out the
section 7(a) General Business Loan Guaranty Program and the
section 504 Certified Development Company Program, as
authorized by law, under the Small Business Administration at a
rate for operations, notwithstanding any other provision of
this Act, provided for in the conference report and joint
explanatory statement of the Committee of Conference (House
Report 104-378) on the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act,
1996 (H.R. 2076), as passed by the House of Representatives on
December 6, 1995;
(15) all projects and activities funded under the account
heading ``Surety Bond Guarantees Revolving Fund'' under the
Small Business Administration at a rate for operations,
notwithstanding any other provision of this Act, provided for
in the conference report and joint explanatory statement of the
Committee of Conference (House Report 104-378) on the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1996 (H.R. 2076), as
passed by the House of Representatives on December 6, 1995;
(16) all projects and activities necessary to accommodate
visitors and to provide for visitors services on the public
lands managed by the Bureau of Land Management at a rate for
operations, notwithstanding any other provision of this Act,
provided for in the conference report and joint explanatory
statement of the Committee of Conference (House Report 104-402)
on the Department of the Interior and Related Agencies
Appropriations Act, 1996 (H.R. 1977), as passed by the House of
Representatives on December 13, 1995;
(17) all projects and activities funded under the account
heading ``Disease Control, Research, and Training'' under the
Centers for Disease Control and Prevention in the Department of
Health and Human Services at a rate for operations,
notwithstanding any other provision of this Act, not to exceed
an annual rate for new obligational authority of
$2,114,693,000;
(18) all Self-Determination and Self-Governance projects
and activities of tribes or tribal organizations (as that term
is defined in Public Law 93-638) that are authorized by Public
Law 93-638 under the account heading ``Operation of Indian
Programs'' under the Bureau of Indian Affairs in the Department
of the Interior or under the account heading ``Indian Health
Services'' under the Indian Health Service in the Department of
Health and Human Services at a rate for operations,
notwithstanding any other provision of this Act, provided for
in the conference report and joint explanatory statement of the
Committee of Conference (House Report 104-402) on the
Department of the Interior and Related Agencies Appropriations
Act, 1996 (H.R. 1977), as passed by the House of
Representatives on December 13, 1995;
(19) all projects and activities necessary to provide for
the expenses of the Kendall Demonstration Elementary School and
the Model Secondary School for the Deaf under the account
heading ``Gallaudet University'' in the Department of
Education;
(20) payments for benefits and interest on advances,
together with expenses of operation and administration, under
the account heading ``Black Lung Disability Trust Fund'' under
the Employment Standards Administration in the Department of
Labor; and
(21) payments for benefits, together with expenses of
operation and administration, under the account heading
``Special Benefits for Disabled Coal Miners'' in the Social
Security Administration:
Provided, That whenever the amount which would be made available or the
authority which would be granted under an Act which included funding
for fiscal year 1996 for the projects and activities listed in this
section is greater than that which would be available or granted under
current operations, the pertinent project or activity shall be
continued at a rate for operations not exceeding the current rate.
(b) Whenever the amount which would be made available or the
authority which would be granted under the Act which included funding
for fiscal year 1996 for the projects and activities listed in this
section as passed by the House as of the date of enactment of this Act,
is different from that which would be available or granted under such
Act as passed by the Senate as of the date of enactment of this Act,
the pertinent project or activity shall be continued at a rate for
operations not exceeding the current rate or the rate permitted by the
action of the House or the Senate, whichever is lower, under the
authority and conditions provided in the applicable appropriations Act
for the fiscal year 1995.
(c) Whenever an Act which included funding for fiscal year 1996 for
the projects and activities listed in this section has been passed by
only the House or only the Senate as of the date of enactment of this
Act, the pertinent project or activity shall be continued under the
appropriation, fund, or authority granted by the one House at a rate
for operations not exceeding the current rate or the rate permitted by
the action of the one House, whichever is lower, and under the
authority and conditions provided in the applicable appropriations Act
for the fiscal year 1995.
Sec. 102. Appropriations made by section 101 shall be available to
the extent and in the manner which would be provided by the pertinent
appropriations Act.
Sec. 103. No appropriation or funds made available or authority
granted pursuant to section 101 shall be used to initiate or resume any
project or activity for which appropriations, funds, or other authority
were not available during the fiscal year 1995.
Sec. 104. No provision which is included in the appropriations Act
enumerated in section 101 but which was not included in the applicable
appropriations Act for fiscal year 1995 and which by its terms is
applicable to more than one appropriation, fund, or authority shall be
applicable to any appropriation, fund, or authority provided in this
Act.
Sec. 105. Appropriations made and authority granted pursuant to
this title of this Act shall cover all obligations or expenditures
incurred for any program, project, or activity during the period for
which funds or authority for such project or activity are available
under this Act.
Sec. 106. Unless otherwise provided for in this title of this Act
or in the applicable appropriations Act, appropriations and funds made
available and authority granted pursuant to this title of this Act
shall be available until (a) enactment into law of an appropriation for
any project or activity provided for in this title of this Act, or (b)
the enactment into law of the applicable appropriations Act by both
Houses without any provision for such project or activity, or (c)
September 30, 1996, whichever first occurs.
Sec. 107. Expenditures made pursuant to this title of this Act
shall be charged to the applicable appropriation, fund, or
authorization whenever a bill in which such applicable appropriation,
fund, or authorization is contained is enacted into law.
Sec. 108. No provision in the appropriations Act for the fiscal
year 1996 referred to in section 101 of this Act that makes the
availability of any appropriation provided therein dependent upon the
enactment of additional authorizing or other legislation shall be
effective before the date set forth in section 106(c) of this Act.
Sec. 109. Appropriations and funds made available by or authority
granted pursuant to this title of this Act may be used without regard
to the time limitations for submission and approval of apportionments
set forth in section 1513 of title 31, United States Code, but nothing
herein shall be construed to waive any other provision of law governing
the apportionment of funds.
Sec. 110. For the purposes of this title of this Act, the time
covered by this title of this Act shall be considered to have begun on
December 16, 1995.
TITLE II
SECTION 201. YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS SETTLEMENT ACT
OF 1994.
(a) Extension.--Section 112(b) of the Yavapai-Prescott Indian Tribe
Water Rights Settlement Act of 1994 (108 Stat. 4532) is amended by
striking ``December 31, 1995'' and inserting ``June 30, 1996''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as of December 31, 1995, and with the consent of Prescott,
Arizona, the contract referred to in such section 112(b) is revived.
SEC. 202. SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT OF 1992.
(a) Extension.--Section 3711(b)(1) of the San Carlos Apache Tribe
Water Rights Settlement Act of 1992 (title XXXVII of Public Law 102-
575) is amended by striking ``December 31, 1995'' and inserting
``December 31, 1996''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
take effect as of December 31, 1995.
(2) Lapsed provisions of law and contracts.--The provisions
of subsections (c) and (d) of section 3704, subsections (a) and
(b) of section 3705, section 3706, subsections (a)(2), (c),
(d), and (f) of section 3707, subsections (b) and (c) of
section 3708, and subsections (a), (b), (c), (d), (e), (g),
(h), (j), and (l) of section 3710 of such Act, together with
each contract entered into pursuant to any such section or
subsection (with the consent of the non-Federal parties
thereto), shall be effective on and after the date of enactment
of this Act, subject to the December 31, 1966, deadline
specified in such section 3711(b)(1), as amended by subsection
(a) of this section.
Attest:
Clerk.
104th CONGRESS
2d Session
H. R. 1358
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AMENDMENT
TO
SENATE AMENDMENT