[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

_______________________________________________________________________

                               AMENDMENT

                                   TO

                            SENATE AMENDMENT