[Congressional Record Volume 140, Number 12 (Wednesday, February 9, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: February 9, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
     EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR FISCAL YEAR 1994

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will now proceed to the consideration of H.R. 3759, which the 
clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 3759) making emergency supplemental 
     appropriations for the fiscal year ending September 30, 1994, 
     and for other purposes.

  The Senate proceeded to consider the bill, which had been reported 
from the Committee on Appropriations, with an amendment to strike all 
after the enacting clause and inserting in lieu thereof the following:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, to provide emergency 
     supplemental appropriations for the fiscal year ending 
     September 30, 1994, and for other purposes, namely:

             TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

                               CHAPTER 1

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

                       DEPARTMENT OF AGRICULTURE

                       Soil Conservation Service


               watershed and flood prevention operations

       For an additional amount for ``Watershed and flood 
     prevention operations'' to repair damage to the waterways and 
     watersheds resulting from the Midwest floods and California 
     fires of 1993 and other natural disasters, and for other 
     purposes, $340,500,000, to remain available until expended: 
     Provided, That not more than $50,000,000 of assistance shall 
     be made available where the primary beneficiary is 
     agriculture and agribusiness regardless of drainage size: 
     Provided further, That such amounts are 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: Provided further, That if 
     the Secretary determines that the cost of land and levee 
     restoration exceeds the fair market value of an affected 
     cropland, the Secretary may use sufficient amounts from funds 
     provided under this heading to accept bids from willing 
     sellers to enroll such cropland inundated by the Midwest 
     floods of 1993 in any of the affected States in the Wetlands 
     Reserve Program, authorized by subchapter C of chapter 1 of 
     subtitle D of title XII of the Food Security Act of 1985 (16 
     U.S.C. 3837).

          Agricultural Stabilization and Conservation Service


                     emergency conservation program

       For an additional amount for ``Emergency conservation 
     program'' for expenses resulting from the Midwest floods and 
     California fires of 1993 and other natural disasters, 
     $25,000,000, to remain available until September 30, 1995: 
     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.

                      Commodity Credit Corporation

       Funds made available in Public Law 103-75 for the Commodity 
     Credit Corporation shall be available to fund the costs of 
     replanting, reseeding, or repairing damage to commercial 
     trees and seedlings, including orchard and nursery inventory 
     as a result of the Midwest Floods of 1993 or other natural 
     disasters: Provided, That the use of these funds for these 
     purposes is designated by Congress as an emergency 
     requirement pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985 and that such use shall be 
     available only to the extent the President designates such 
     use an emergency requirement pursuant to such Act.
       The second proviso of the matter under the heading 
     ``disaster assistance'' under the heading ``Commodity Credit 
     Corporation'' of chapter I of the Supplemental Appropriations 
     Act of 1993 (Public Law 103-50; 107 Stat. 241) is amended by 
     inserting before the colon at the end the following: ``, 
     including payments to producers for the 1993, 1994, and 1995 
     crops of papaya if (1) the papaya would have been harvested 
     if the papaya plants had not been destroyed, and (2) the 
     papaya plants would not have produced fruit for a lifetime 
     total of more than 3 crop years based on normal cultivation 
     practices''. Payments under this paragraph shall be made only 
     to the extent that claims for the payments are filed not 
     later than the date that is 60 days after the date of 
     enactment of this Act: Provided, That the use of funds for 
     this purpose is designated by Congress as an emergency 
     requirement pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985 and that such use shall be 
     available only to the extent the President designates such 
     use an emergency requirement pursuant to such Act.

                               CHAPTER 2

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

                             RELATED AGENCY

                     Small Business Administration


                     disaster loans program account

       For an additional amount for emergency expenses resulting 
     from the January 1994 earthquake in Southern California and 
     other disasters, $309,750,000, to remain available until 
     expended, of which up to $55,000,000 may be transferred to 
     and merged with the appropriations for ``Salaries and 
     expenses'' for associated administrative expenses: Provided, 
     That the entire amount is designated by Congress as an 
     emergency requirement pursuant to section 251(b)(2)(D)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.


                        administrative provision

       Section 24 of the Small Business Act (15 U.S.C. 651) is 
     amended in subsection (a) by striking the period at the end 
     thereof and by inserting in lieu thereof the following: ``, 
     and shall give priority to a proposal to restore an area 
     determined to be a major disaster by the President on a date 
     not more than three years prior to the fiscal year for which 
     the application is made.''.

                               CHAPTER 3

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $6,600,000: 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.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $19,400,000: 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.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $18,400,000: 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.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $420,100,000: 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.

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $104,800,000: 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.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $560,100,000: 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.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $21,600,000: 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.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $20,300,000, to remain available for obligation until 
     September 30, 1996: 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.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $200,000, to remain available for obligation until September 
     30, 1996: 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.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $26,800,000, to remain available for obligation 
     until September 30, 1996: Provided, That the entire amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                     GENERAL PROVISIONS--CHAPTER 3

       Sec. 301. Notwithstanding sections 607 and 630 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2357 and 22 U.S.C. 
     2390), reimbursements received from the United Nations for 
     expenses of the Department of Defense charged to the 
     appropriations provided by this Act shall be deposited to the 
     miscellaneous receipts of the Treasury.
       Sec. 302. Funds appropriated in this chapter shall only be 
     obligated and expended to fund the incremental and associated 
     costs of the Department of Defense incurred in connection 
     with the ongoing United States operations relating to 
     Somalia; the ongoing United States humanitarian airdrops, 
     hospital operations, and enforcement of the no-fly zone 
     relating to Bosnia; the ongoing United States operations 
     relating to Southwest Asia; and the ongoing United States 
     operations supporting the maritime interception operations 
     relating to Haiti.

                               CHAPTER 4

                      ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                 Flood Control and Coastal Emergencies

       For an additional amount for ``Flood control and coastal 
     emergencies'', $70,000,000, to remain available until 
     expended: Provided, That such amount is designated by 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation

       The prohibition against obligating funds for construction 
     until sixty days from the date the Secretary transmits a 
     report to the Congress in accordance with section 5 of the 
     Reclamation Safety of Dams Act of 1978 (43 U.S.C. 509) is 
     waived for the Crooked River Project, Ochoco Dam, Oregon, to 
     allow for an earlier start of emergency repair work.

                               CHAPTER 5

DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED 
                                AGENCIES

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families


                   low-income home energy assistance

       Of the amounts provided under this heading in Public Law 
     103-112 and 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, subject to the terms and conditions specified in 
     Public Law 103-112, $300,000,000, if designated by the 
     President as an emergency, may be allotted by the Secretary 
     of the Department of Health and Human Services, as she 
     determines is appropriate, to any one or more of the 
     jurisdictions funded under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, to meet emergency needs.
       The second paragraph under this heading in Public Law 102-
     394 is amended as follows: strike ``June 30, 1994'' and 
     insert ``September 30, 1994''.

                        DEPARTMENT OF EDUCATION


                               impact aid

       For carrying out disaster assistance activities resulting 
     from the January 1994 earthquake in Southern California and 
     other disasters as authorized under section 7 of Public Law 
     81-874, $165,000,000, to remain available through September 
     30, 1995: 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.


                      student financial assistance

       For an additional amount for ``Student financial 
     assistance'' for payment of awards made under title IV, part 
     A, subpart 1 of the Higher Education Act of 1965, as amended, 
     $80,000,000, to remain available through September 30, 1995: 
     Provided, That notwithstanding sections 442(e) and 462(j) of 
     such Act, the Secretary may reallocate, for use in award year 
     1994-1995 only, any excess funds returned to the Secretary of 
     Education under the Federal Work-Study or Federal Perkins 
     Loan programs from award year 1993-1994 to assist individuals 
     who suffered financial harm from the January 1994 earthquake 
     in Southern California and other disasters: 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 fiscal year 1992 
     Federal Work-Study and Federal Perkins Loan funds that were 
     reallocated to institutions for use in award year 1993-1994, 
     pursuant to Public Law 103-75, and fiscal year 1992 Federal 
     Supplemental Educational Opportunity Grant funds that were 
     reallocated to institutions by the Secretary for use in award 
     year 1993-1994, pursuant to section 413D(e) of the Higher 
     Education Act of 1965, as amended, to assist individuals who 
     suffered financial harm as a result of the Midwest floods of 
     1993 shall remain available for use in award year 1994-1995 
     by institutions that received such reallocations.

                               CHAPTER 6

           DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES

                     FEDERAL HIGHWAY ADMINISTRATION

                          Federal-Aid Highways


                        emergency relief program

                          (highway trust fund)

       For the Emergency Fund authorized by 23 U.S.C. 125 to cover 
     expenses arising from the January 1994 earthquake in Southern 
     California and other disasters, $950,000,000; and in addition 
     $400,000,000, which 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 by the President to the Congress, all to be 
     derived from the Highway Trust Fund and to remain available 
     until expended: Provided, That the entire amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the limitation on obligations per State in 23 
     U.S.C. 125(b) shall not apply to projects relating to such 
     earthquake: Provided further, That notwithstanding 23 U.S.C. 
     120(e), the Federal share for any project on the Federal-aid 
     highway system related to such earthquake shall be 100 
     percent for the costs incurred in the 180 day period 
     beginning on the date of the earthquake: Provided further, 
     That project costs incurred prior to implementation of this 
     bill and subsequent to the January 17, 1994, Northridge 
     Earthquake, that are funded from other than Federal Emergency 
     Relief funds that were otherwise eligible for Emergency 
     Relief funding, are approved for Emergency Relief funds and 
     such costs regardless of initial funding sources are to be 
     reimbursed with Emergency Relief funds: Provided further, 
     That notwithstanding any other provision of law, of the funds 
     made available by the Dire Emergency Supplemental 
     Appropriations Act, 1992 (Public Law 102-368) under ``Federal 
     Highway Administration, Metropolitan Planning (Highway Trust 
     Fund),'' $337,000 of the funds received by Hawaii shall be 
     made available by the State of Hawaii directly to the County 
     of Kauai, Hawaii, for conducting comprehensive reviews of 
     transportation infrastructure needs incurred in connection 
     with Hurricane Iniki, and, these funds shall remain available 
     until expended.
       In addition, for emergency expenses resulting from the Loma 
     Prieta earthquake of October 17, 1989, as authorized by 23 
     U.S.C. 125, $315,000,000, to be derived from the Highway 
     Trust Fund and to remain available until expended: Provided, 
     That such amount is designated by Congress as an emergency 
     requirement pursuant to section 251(b)(2)(D)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                               CHAPTER 7

DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
                          INDEPENDENT AGENCIES

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration


                              medical care

       For an additional amount for emergency expenses resulting 
     from the January 1994 earthquake in Southern California, 
     $21,000,000, to remain available until expended, of which not 
     to exceed $802,000 is available for transfer to General 
     Operating Expenses, the Guaranty and Indemnity Program 
     Account, and the Vocational Rehabilitation Loans Program 
     Account: Provided, That the entire amount is designated by 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.


                      construction, major projects

       For an additional amount for ``Construction, major 
     projects'' for emergency expenses resulting from the January 
     1994 earthquake in Southern California and other disasters, 
     $45,600,000, to remain available until expended, of which 
     such sums as may be necessary may be transferred to the 
     ``Medical care'' and ``Construction, minor projects'' 
     accounts: Provided, That the entire amount is designated by 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs


               annual contributions for assisted housing

       For an additional amount under this head, $225,000,000, to 
     remain available until December 31, 1995, of which 
     $200,000,000 shall be for rental assistance under the section 
     8 existing housing certificate program (42 U.S.C. 1437f) and 
     the housing voucher program under section 8(o) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f(o)), and 
     $25,000,000 shall be for the modernization of existing public 
     housing projects pursuant to section 14 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437l): Provided, That these 
     funds shall be used first to replenish amounts used from the 
     headquarters reserve established pursuant by section 
     213(d)(4)(A) of the Housing and Community Development Act of 
     1974, as amended, for assistance to victims of the January 
     1994 earthquake in Southern California: Provided further, 
     That any amounts remaining after the headquarters reserve has 
     been replenished shall be available under such programs for 
     additional assistance to victims of the earthquake referred 
     to above: Provided further, That in administering these 
     funds, the Secretary may waive or specify alternative 
     requirements for any provision of any statute or regulation 
     that the Secretary administers in connection with the 
     obligation by the Secretary or any use by the recipient of 
     these funds, except for the requirements relating to fair 
     housing and nondiscrimination, the environment, and labor 
     standards, upon finding that such waiver is required to 
     facilitate the obligation and use of such funds and would not 
     be inconsistent with the overall purpose of the statute or 
     regulation: 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.


                         flexible subsidy fund

       For emergency assistance to owners of eligible multifamily 
     housing projects damaged by the January 1994 earthquake in 
     Southern California who are either insured or formerly 
     insured under the National Housing Act, as amended, or 
     otherwise eligible for assistance under section 201(c) of the 
     Housing and Community Development Amendments of 1978, as 
     amended (12 U.S.C. 1715z-1a), in the program of assistance 
     for troubled multifamily housing projects under the Housing 
     and Community Development Amendments of 1978, as amended, 
     $100,000,000, to remain available until September 30, 1995: 
     Provided, That assistance to an owner of a multifamily 
     housing project assisted, but not insured under the National 
     Housing Act, may be made if the project owner and the 
     mortgagee have provided or agreed to provide assistance to 
     the project in a manner as determined by the Secretary of 
     Housing and Urban Development: Provided further, That 
     assistance is for the repair of damage or the recovery of 
     losses directly attributable to the Southern California 
     earthquake of 1994: Provided further, That in administering 
     these funds, the Secretary may waive, or specify alternative 
     requirements for, any provision of any statute or regulation 
     that the Secretary administers in connection with the 
     obligation by the Secretary or any use by the recipient of 
     these funds, except for statutory requirements relating to 
     fair housing and nondiscrimination, the environment, and 
     labor standards, upon finding that such waiver is required to 
     facilitate the obligation and use of such funds, and would 
     not be inconsistent with the overall purpose of the statute 
     or regulation: Provided further, That after assisting 
     economically viable FHA insured projects, to the extent funds 
     remain available the Secretary may provide assistance to 
     economically viable projects assisted with a loan made under 
     section 312 of the National Housing Act of 1964 and projects 
     assisted under section 8 of the United States Housing Act of 
     1937 but not insured under the National Housing Act: 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.

                     Federal Housing Administration


             FHA--General and Special Risk Program Account

       For higher mortgage limits and improved access to mortgage 
     insurance for victims of the January 1994 earthquake in 
     Southern California and other disasters, title II of the 
     National Housing Act, as amended, is further amended, as 
     follows:
       (1) In section 203(h), by--
       (A) striking out ``section 102(2) and 401 of the Disaster 
     Relief and Emergency Assistance Act'' and inserting ``Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act''; 
     and
       (B) adding the following new sentence at the end thereof: 
     ``In any case in which the single family residence to be 
     insured under this subsection is within a jurisdiction in 
     which the President has declared a major disaster to have 
     occurred, the Secretary is authorized, for a temporary period 
     not to exceed 18 months from the date of such Presidential 
     declaration, to enter into agreements to insure a mortgage 
     which involves a principal obligation of up to 100 percent of 
     the dollar limitation determined under section 305(a)(2) of 
     the Federal Home Loan Mortgage Corporation Act for single 
     family residence, and not in excess of 100 percent of the 
     appraised value.''.
       (2) In section 203(k), by adding at the end thereof the 
     following new paragraph:
       ``(6) The Secretary is authorized, for a temporary period 
     not to exceed 18 months from the date on which the President 
     has declared a major disaster to have occurred, to enter into 
     agreements to insure a rehabilitation loan under this 
     subsection which involves a principal obligation of up to 100 
     percent of the dollar limitation determined under section 
     305(a)(2) of the Federal Home Loan Mortgage Corporation Act 
     for a residence of the applicable size, if such loan is 
     secured by a structure and property that are within a 
     jurisdiction in which the President has declared such 
     disaster, pursuant to the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act, and if such loan otherwise 
     conforms to the loan-to-value ratio and other requirements of 
     this subsection.''.
       (3) In section 234(c), by inserting after ``203(b)(2)'' in 
     the third sentence the phrase: ``or pursuant to section 
     203(h) under the conditions described in section 203(h)''.
       Eligibility for loans made under the authority granted by 
     the preceding paragraph shall be limited to persons whose 
     principal residence was damaged or destroyed as a result of a 
     Presidentially declared major disaster event: Provided, That 
     the provisions under this heading shall be effective only for 
     the 18 month period following the date of enactment of this 
     Act.

                   Community Planning and Development


                      community development grants

       For an additional amount for ``Community development 
     grants'', as authorized under title I of the Housing and 
     Community Development Act of 1974, for emergency expenses 
     resulting from the January 1994 earthquake in Southern 
     California or the Midwest Floods of 1993, $500,000,000, to 
     remain available until September 30, 1996 for all activities 
     eligible under such title I except those activities 
     reimbursable by the Federal Emergency Management Agency 
     (FEMA) or available through the Small Business Administration 
     (SBA): Provided, That from this amount, the Secretary may 
     transfer up to $75,000,000 to the ``HOME investment 
     partnerships program'', as authorized under title II of the 
     Cranston-Gonzalez National Affordable Housing Act, as amended 
     (Public Law 101-625), to remain available until expended, as 
     an additional amount for such emergency expenses for all 
     activities eligible under such title II except activities 
     reimbursable by FEMA or available through SBA: Provided 
     further, That the recipients of amounts under this 
     appropriation, including the foregoing transfer (if any), 
     shall use such amounts first to replenish amounts previously 
     obligated under their Community Development Block Grant or 
     HOME programs, respectively, in connection with the Southern 
     California earthquake of January 1994: Provided further, That 
     in administering these funds, the Secretary may waive, or 
     specify alternative requirements for, any provision of any 
     statute or regulation that the Secretary administers in 
     connection with the obligation by the Secretary or any use by 
     the recipient of these funds, except for statutory 
     requirements relating to fair housing and nondiscrimination, 
     the environment, and labor standards, upon finding that such 
     waiver is required to facilitate the obligation and use of 
     such funds, and would not be inconsistent with the overall 
     purpose of the statute or regulation: 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.

                           INDEPENDENT AGENCY

                  Federal Emergency Management Agency


                            disaster relief

       For an additional amount for ``Disaster Relief'' for the 
     January 1994 earthquake in Southern California and other 
     disasters, $4,709,000,000 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.


              emergency management planning and assistance

       For an additional amount for ``Emergency Management 
     Planning and Assistance'', to carry out activities under the 
     Earthquake Hazards Reduction Act of 1977, as amended (42 
     U.S.C. 7701 et seq.) $15,000,000, to remain available until 
     expended, to study the January 1994 earthquake in Southern 
     California in order to enhance seismic safety throughout the 
     United States: Provided, That the entire amount is designated 
     by Congress as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                               CHAPTER 8

                  FUNDS APPROPRIATED TO THE PRESIDENT

                          Unanticipated Needs

       For an additional amount for emergency expenses resulting 
     from the January 1994 earthquake in Southern California, the 
     Midwest Floods and other disasters, $550,000,000, to remain 
     available until expended: Provided, That these funds may be 
     transferred to any authorized Federal governmental activity 
     to meet the requirements of such disasters: Provided further, 
     That the entire 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 of the request 
     as an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to Congress: Provided further, 
     That the entire amount is designated by Congress as an 
     emergency requirement pursuant to section 251(b)(2)(D)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.
       This title may be cited as the ``Emergency Supplemental 
     Appropriations Act of 1994''.

   TITLE II--SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING 
                           SEPTEMBER 30, 1994

                               CHAPTER 1

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

                       DEPARTMENT OF AGRICULTURE

                           Extension Service

       For an additional amount for ``Extension Service,'' 
     $1,400,000, to remain available until September 30, 1995, of 
     which up to $750,000 may be transferred to the Cooperative 
     State Research Service.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         salaries and expenses

       For an additional amount for ``Salaries and expenses'' from 
     fees collected pursuant to section 736 of the Federal Food, 
     Drug, and Cosmetic Act, not to exceed $2,284,000, to remain 
     available until expended: Provided, That fees derived from 
     applications received during fiscal year 1994 shall be 
     credited to the appropriation current in the year in which 
     fees are collected and subject to the fiscal year 1994 
     limitation.

                               CHAPTER 2

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

                             RELATED AGENCY

            Office of the United States Trade Representative


                         salaries and expenses

       For an additional amount for salaries and expenses, 
     $75,000, to remain available until expended, for electronic 
     records management activities to comply with Armstrong 
     against Executive Office of the President.

                               CHAPTER 3

            DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service


                          resource management

                     (including transfer of funds)

       For an additional amount to carry out the Forest Plan in 
     the Pacific Northwest, $2,100,000, of which $400,000 shall be 
     derived by transfer from the ``Oil spill emergency fund'' and 
     $1,700,000 shall be derived by transfer from the ``Compact of 
     Free Association''.


                            land acquisition

                     (including transfer of funds)

       For an additional amount for ``Land acquisition'' for the 
     acquisition of land or interests in land, from willing 
     sellers, in the Midwest area flooded in 1993, $4,000,000, to 
     remain available until expended, to be derived by transfer 
     from amounts appropriated to the United States Fish and 
     Wildlife Service under the heading ``Construction'' in Public 
     Law 103-75, to be used for nonstructural measures to meet 
     flood damage control and fish and wildlife habitat 
     restoration objectives.

                         National Park Service


                              construction

       For an additional amount for ``Construction,'' to replenish 
     funds used for emergency actions related to storm damaged 
     facilities within National Park System areas, $13,102,000, to 
     remain available until expended.


                 land acquisition and state assistance

       For an additional amount for ``Land acquisition and state 
     assistance,'' $1,274,000, to be derived from the Land and 
     Water Conservation Fund, to remain available until expended, 
     to replenish funds used for emergency actions related to 
     storm damaged facilities within National Park System areas; 
     and in addition, an additional amount to be determined by the 
     Secretary, to remain available until expended, to be derived 
     by transfer from balances under the head ``Construction,'' 
     for project modifications authorized by section 104 of the 
     Everglades National Park Protection and Expansion Act of 
     1989, to be available for Federal assistance to the State of 
     Florida for acquisition of lands or interests therein 
     adjacent to, or affecting the restoration of natural water 
     flows, to Everglades National Park and Florida Bay.

                        Bureau of Indian Affairs


                      operation of Indian programs

       The paragraph under this heading in Public Law 103-138 is 
     amended by inserting the words ``not to exceed'' before the 
     amount ``$316,111,000''.


                              construction

       For an additional amount for ``Construction,'' $12,363,000, 
     to remain available until expended.


 indian land and water claim settlements and miscellaneous payments to 
                                Indians

       The paragraph under this heading in Public Law 103-138 is 
     amended by adding the following before the last period: ``, 
     and (3) to reimburse Indian trust fund account holders for 
     loss(es) to their respective accounts where the claim for 
     said loss(es) has been reduced to a judgment or settlement 
     agreement approved by the Department of Justice''.

                          DEPARTMENT OF ENERGY


            administrative provisions, department of energy

       Section 303 of Public Law 97-257, as amended, is repealed.
       The seventh proviso under the head ``Clean Coal 
     Technology'' in Public Law 101-512, and the seventh proviso 
     under the head ``Clean Coal Technology'' in Public Law 102-
     154, both concerning Federal employment, are repealed.

                               CHAPTER 4

DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED 
                                AGENCIES

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


        Advances to the unemployment trust fund and other funds

       For an additional amount for ``Advances to the unemployment 
     trust fund and other funds,'' $61,400,000, to remain 
     available until September 30, 1995.

                       Bureau of Labor Statistics


                         Salaries and expenses

       For an additional amount for ``Salaries and expenses'' for 
     the current population parallel survey, $10,100,000: 
     Provided, That an amount equal to the amount obligated in the 
     ``Training and employment services'' account for this purpose 
     upon the date of enactment of this Act shall be transferred 
     from this account and merged into the ``Training and 
     employment services'' account.

                               CHAPTER 5

                           LEGISLATIVE BRANCH

                        CONGRESSIONAL OPERATIONS

                                 SENATE

                    Salaries, Officers and Employees

       For an additional amount for ``Office of the Secretary'', 
     $450,000.

                   Contingent Expenses of the Senate


                        secretary of the senate

       For an additional amount for expenses of the ``Office of 
     the Secretary of the Senate'', $600,000.

                               CHAPTER 6

           DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard


                           operating expenses

       Of funds provided under this heading under Public Law 103-
     75, $4,000,000 shall, in combination with funds made 
     available under this heading under Public Law 102-368, be 
     made available for operating, acquisition, construction, and 
     improvement costs associated with the Midwest floods, and 
     shall remain available until expended.


              acquisition, construction, and improvements

       Of the funds made available under this heading under Public 
     Law 102-368, $2,000,000 shall be made available for costs 
     associated with the Midwest floods, and shall remain 
     available until expended.

                    Federal Railroad Administration


               pennsylvania station redevelopment project

       For grants to the National Railroad Passenger Corporation, 
     $10,000,000, to remain available until expended, for 
     engineering and design activities to enable the James A. 
     Farley Post Office in New York City to be used as a train 
     station and commercial center: Provided, That the Secretary 
     may retain from these funds such amounts as the Secretary 
     shall deem appropriate to undertake the environmental and 
     historic preservation analyses associated with this project: 
     Provided further, That no funds provided under this head 
     shall be available for construction until the Secretary 
     submits a report to the House and Senate Committees on 
     Appropriations regarding the financing of necessary 
     improvements to the existing Pennsylvania Station and the 
     financing of the operating and capital costs accruing to the 
     commuter rail authorities operating in said station as a 
     result of this redevelopment project.


    trust fund share of next generation rail technology development

                          (highway trust fund)

       The obligation limitation for the ``High-Speed Ground 
     Transportation'' program in Public Law 103-122 is amended by 
     deleting ``$3,500,000'' and inserting ``$7,952,000''.

                           General Provision

       Section 310(c)(3) of the Department of Transportation and 
     Related Agencies Appropriations Act, 1994, is amended by--
       (a) inserting ``6005,'' after ``6001,''; and
       (b) inserting ``: Provided, That notwithstanding any other 
     provision of law, amounts made available under section 6005 
     of Public Law 102-240 shall be subject to the obligation 
     limitation for Federal-aid highways and highway-safety 
     construction programs under the head `Federal-Aid Highways' 
     in this Act'' after ``section 104(a) of title 23, United 
     States Code''.

                               CHAPTER 7

            TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT

                   EXECUTIVE OFFICE OF THE PRESIDENT

                        Office of Administration


                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses for salaries and expenses for the 
     costs of electronic communications records management 
     activities for compliance with and resolution of Armstrong v. 
     Executive Office of the President, $7,030,000, to remain 
     available until expended, of which $6,000,000 shall be 
     derived by transfer from Department of Defense, ``Research, 
     Development, Test and Evaluation, Air Force.''

                       National Security Council


                         salaries and expenses

       For necessary expenses for salaries and expenses for the 
     costs of electronic communications records management 
     activities for compliance with and resolution of Armstrong v. 
     Executive Office of the President, $5,320,000, to remain 
     available until expended.

                               CHAPTER 8

DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
                          INDEPENDENT AGENCIES

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration


                       Compensation and pensions

       For an additional amount for ``Compensation and pensions,'' 
     $698,000,000, to remain available until expended.


                         Readjustment benefits

       For an additional amount for ``Readjustment benefits,'' 
     $103,200,000, to remain available until expended.

                     Veterans Health Administration


      Medical Administration and Miscellaneous Operating Expenses

                             (By transfer)

       For an additional amount for ``Medical administration and 
     miscellaneous operating expenses'', $3,500,000, to be derived 
     by transfer from amounts appropriated under the head 
     ``Medical care'' in Public Law 103-124.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

                     Federal Housing Administration


             FHA--Mutual mortgage insurance program account

       During fiscal year 1994, the limitation on commitments to 
     guarantee loans to carry out the purposes of section 203(b) 
     of the National Housing Act, as amended, is increased by an 
     additional loan principal of not to exceed $20,000,000,000.


             FHA--General and special risk program account

       The limitation on commitments during fiscal year 1994 to 
     guarantee loans authorized by sections 238 and 519 of the 
     National Housing Act, as amended (12 U.S.C. 1715z-3(b) and 
     1735c(f), is increased by an additional loan principal, any 
     part of which is to be guaranteed, of not to exceed 
     $2,000,000,000.


                       Administrative Provisions

       Of the $260,000,000 earmarked in Public Law 102-389, in the 
     14th proviso under the head Annual Contributions for Assisted 
     Housing, for special purpose grants (106 Stat. 1571, 1584), 
     $1,300,000 made available for continued assistance to two 
     sugarcane mills on the Hilo-Hamakua Coast of Hawaii shall 
     also be available to community-based and employee-support 
     organizations along the Hamakua Coast, to address social and 
     economic needs in such area.

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency


               Water infrastructure state revolving funds

       Of the funds made available under this heading in Public 
     Law 103-124, the $500,000,000 earmarked to not become 
     available until May 31, 1994, shall instead not become 
     available until September 30, 1994.

             National Aeronautics and Space Administration


                        Research and development

       The second proviso under this heading in Public Law 103-124 
     is amended to read as follows: ``Provided further, That of 
     the funds provided under this heading, for the redesigned 
     Space Station, (1) not to exceed $160,000,000 shall be for 
     termination costs connected only with Space Station Freedom 
     contracts, (2) not to exceed $172,000,000 shall be for space 
     station operations and utilization capability development, 
     and (3) not to exceed $99,000,000 shall be for supporting 
     development:''.
       The fifth and sixth provisos under this heading in Public 
     Law 103-124 are deleted and the fourth proviso thereunder is 
     amended to read: ``Provided further, That of the funds made 
     available under this heading, not to exceed $117,200,000 
     shall be available for activities to support cooperative 
     space ventures between the United States and the Republic of 
     Russia outlined in the joint agreement of September 2, 
     1993:''.


                    Research and program management

       For an additional amount for ``Research and program 
     management,'' $60,000,000.

                      National Service Initiative


             Corporation for National and Community Service

       From the amounts appropriated to the Corporation for 
     National and Community Service in Public Law 103-124, up to 
     $3,000,000 may be made available for a demonstration program 
     for Stafford Loan Forgiveness authorized under section 428 of 
     the Higher Education Act of 1965 (20 U.S.C. 1078).

                           GENERAL PROVISIONS

       Sec. 2001. (a) Section 1205(a)(1) of the Supplemental 
     Appropriations Act of 1993 is amended by inserting before the 
     semicolon the following: ``and amounts transferred by the 
     Architect of the Capitol from funds appropriated to the 
     Architect''.
       (b) Section 1205(b) of such Act is amended--
       (1) by striking ``and payments'' and inserting ``, 
     payments''; and
       (2) by inserting before the period at the end the 
     following: ``, and payments pursuant to Senate Resolution 
     139, 103d Congress, agreed to August 4, 1993''.
       (c) Section 1205 of such Act is amended by adding at the 
     end the following:
       ``(d) In case of an award under section 307 of Public Law 
     102-166, a payment pursuant to an agreement under section 310 
     of such Public Law, or a payment pursuant to Senate 
     Resolution 139, 103d Congress, agreed to August 4, 1993, to 
     an employee described in section 301(c)(1)(B) of such Public 
     Law, to an applicant for a position described in section 
     301(c)(1)(C) of such Public Law that is to be occupied by 
     such an employee, or to an individual described in section 
     301(c)(1)(D) of such Public Law who was formerly such an 
     employee, the Architect of the Capitol, at the direction of 
     the Secretary of the Senate, shall transfer to the account 
     established by subsection (a), from funds that are 
     appropriated to the Architect of the Capitol under the 
     heading `Capitol Buildings and Grounds' under the subheading 
     `senate office buildings' and that are otherwise available 
     for obligation at the time the award is ordered or the 
     agreement is entered into, an amount sufficient to pay such 
     award or make such payment.''.
       (d) The amendments made by this section shall be effective 
     on and after October 1, 1992.
       Sec. 2002. (a) The Senate finds that--
       (1) historically it is the policy of the Federal Government 
     to provide financial and other assistance to the victims of 
     natural disasters;
       (2) since fiscal year 1988, the Congress has enacted 6 
     major disaster relief supplemental appropriations Acts 
     providing a total of $17,012,000,000 in budget authority for 
     Federal disaster assistance for domestic disasters;
       (3) the provision of Federal disaster assistance reflects 
     the traditions and values of the American people who have 
     always been willing to provide help to those who have been 
     victimized by catastrophic events and forces beyond their 
     control;
       (4) the unprecedented growth in the cost of disaster 
     assistance needs to be reconciled with the restraints imposed 
     on discretionary spending and with the deficit reduction 
     goals of the Budget Enforcement Act of 1990 and the Omnibus 
     Budget Reconciliation Act of 1993, under which significant 
     progress is being made in reducing the Federal deficit; and
       (5) a prospective policy should be developed for 
     anticipating and funding disaster needs and other emergencies 
     in keeping with continuing fiscal constraints on the Federal 
     Government.
       (b) It is the sense of the Senate that--
       (1) there should be established in the Senate a Bipartisan 
     Task Force on Funding Disaster Relief; and
       (2) the Task Force should--
       (A) consult with the Senate committees with jurisdiction 
     over disaster relief programs;
       (B) compile information on the history of Federal disaster 
     relief and recovery funding;
       (C) evaluate the types and amounts of Federal financial 
     assistance provided to individuals, State and local 
     governments, and nonprofit organizations after disasters 
     strike, as well as relevant insurance coverage and loss 
     experience;
       (D) consider the relationship between funding disaster 
     relief and complying with the deficit control requirements of 
     the Budget Enforcement Act of 1990, the Omnibus Budget 
     Reconciliation Act of 1993, and other deficit control 
     provisions enacted prior to 1990; and
       (E) report its findings, options, and recommendations to 
     the Senate with regard to the consideration of future 
     disaster assistance funding requests prior to the convening 
     of the 104th Congress.
       Sec. 2003. (a) Amendment to Title 31.--Section 301(d) of 
     title 31, United States Code, is amended by inserting ``an 
     Under Secretary for Enforcement,'' after ``2 Under 
     Secretaries,''.
       (b) Amendment to Title 5.--Section 5314 of title 5, United 
     States Code, is amended by striking ``Under Secretary of the 
     Treasury (or Counselor).'' and striking ``Under Secretary of 
     the Treasury for Monetary Affairs.'' and inserting in lieu 
     thereof, ``Under Secretaries of the Treasury (3).''.

             TITLE III--RESCINDING CERTAIN BUDGET AUTHORITY

                               CHAPTER 1

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

                       DEPARTMENT OF AGRICULTURE

                       Economic Research Service


                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-111, $4,000,000 are rescinded.

                   Cooperative State Research Service


                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-111, $12,463,000 are rescinded, including $4,375,000 
     of contracts and grants for agricultural research under the 
     Act of August 4, 1965, as amended; $6,729,000 for competitive 
     research grants under section 2(b) of the Act of August 4, 
     1965; and $1,359,000 for necessary expenses of Cooperative 
     State Research Service activities.


                        buildings and facilities

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-111, $2,897,000 are rescinded.

          Agricultural Stabilization and Conservation Service


                         Salaries and Expenses

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-111, $12,167,000 are rescinded.

                       Soil Conservation Service


                        conservation operations

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-111, $12,167,000 are rescinded.


               watershed and flood prevention operations

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-111, $21,158,000 are rescinded.

                      Farmers Home Administration


           Agricultural credit insurance fund program account

       Of the amounts provided under this heading for the cost of 
     credit sales of acquired property direct loans in Public Law 
     103-111, $5,094,000 are rescinded.


              Rural housing insurance fund program account

       Of the amounts provided under this heading in Public Law 
     103-111, the following amounts are rescinded: for the cost of 
     low-income housing section 502 direct loans, $1,515,000; for 
     the cost of section 515 rental housing loans, $12,443,000; 
     for the cost of section 504 housing repair loans, $1,204,000; 
     for the cost of section 514 farm labor housing loans, 
     $483,000.


                     rural housing voucher program

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-111, $25,000,000 are rescinded.


                         Salaries and Expenses

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-111, $12,167,000 are rescinded.

                  Rural Electrification Administration


       Rural Electrification and Telephone Loans Program Account

                              (rescission)

       Of the amounts provided under this heading in Public Law 
     103-111, the following amounts are rescinded: for the cost of 
     5 percent rural electrification direct loans, $3,388,000; for 
     the cost of 5 percent rural telephone direct loans, 
     $3,222,000.

                       Food and Nutrition Service


                  Commodity Supplemental Food Program

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 102-341, $6,100,000 are rescinded.


               Food Donations Program for Selected Groups

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-111, $5,200,000 are rescinded.


                 The Emergency Food Assistance Program

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-111, $30,000,000 are rescinded.


                     Public Law 480 Program Account

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-111 for title III, $45,000,000 are rescinded, and of 
     the amounts made available for ocean freight differential 
     costs, $4,600,000 are rescinded.
       Of the funds made available under this heading in Public 
     Law 103-111 for the cost of direct credit agreements, 
     including the cost of modifying credit agreements, 
     $35,400,000 are rescinded.

                               CHAPTER 2

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

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     Operations and Administration

                              (Rescission)

       Of the funds made available under this heading, $2,000,000 
     are rescinded.

                         Export Administration


                     Operations and Administration

                              (Rescission)

       Of the funds made available under this heading, $3,000,000 
     are rescinded.

                  Minority Business Development Agency


                     Minority Business Development

                              (Rescission)

       Of the funds made available for the Catawba Indian Tribe in 
     Public Law 103-121, $500,000 are rescinded.

       National Telecommunications and Information Administration


                   Information Infrastructure Grants

                              (Rescission)

       Of the funds made available under this heading in Public 
     Law 103-121, $4,254,000 are rescinded.

                  Economic Development Administration


                  Economic Development Revolving Fund

                              (Rescission)

       From unobligated balances available under this heading, 
     $20,000,000 are rescinded.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

                              (Rescission)

       Of the funds made available under this heading in Public 
     Law 103-121, $600,000 are rescinded.


                        Buying power maintenance

                              (rescission)

       Of the balances in the Buying power maintenance account, 
     $8,800,000 are rescinded.

                             THE JUDICIARY

    Courts of Appeals, District Courts, and Other Judicial Services


                           defender services

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-121, $3,000,000 are rescinded.

                            RELATED AGENCIES

                  Board for International Broadcasting


                       israel radio relay station

                              (rescission)

       Of the balances available under this heading, $1,700,000 
     are rescinded.

                     Small Business Administration


                         Salaries and Expenses

                              (Rescission)

       Of the funds made available under this heading in Public 
     Law 103-121, $4,100,000 are rescinded.

                        State Justice Institute


                         Salaries and Expenses

                              (Rescission)

       Of the funds made available under this heading, $3,000,000 
     are rescinded.

                    United States Information Agency


                         Salaries and Expenses

                              (Rescission)

       Of the funds made available under this heading, $3,000,000 
     are rescinded.


                           north/south center

                              (Rescission)

       Of the funds made available under this heading, $8,700,000 
     are rescinded.

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                              PROCUREMENT

                    Aircraft Procurement, Air Force


                              (Rescission)

       Of the funds made available under this heading in Public 
     Law 102-396, $12,800,000 are rescinded.

                      Other Procurement, Air Force


                              (Rescission)

       Of the funds made available under this heading in Public 
     Law 103-139, $27,500,000 are rescinded.

                       Procurement, Defense-Wide


                              (Rescission)

       Of the funds made available under this heading in Public 
     Law 103-139, $104,500,000 are rescinded.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

         Research, Development, Test and Evaluation, Air Force


                              (Rescission)

       Of the funds made available under this heading in Public 
     Law 102-396, $50,000,000 are rescinded.

        Research, Development, Test and Evaluation, Defense-Wide


                              (Rescission)

       Of the funds made available under this heading in Public 
     Law 103-139, $110,500,000 are rescinded.

                               CHAPTER 4

                      ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                         General Investigations

                              (Rescission)

       Of the amounts made available under this heading in Public 
     Law 102-377 and prior years Energy and Water Development 
     Acts, $24,970,000 are rescinded.


                         Construction, General

                              (Rescission)

       Of the amounts made available under this heading in Public 
     Law 102-377 and prior years Energy and Water Development 
     Acts, $97,319,000 are rescinded.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                          Construction Program

                              (Rescission)

       Of the amounts made available under this heading in Public 
     Laws 102-27, 102-368, 102-377 and prior years Energy and 
     Water Development Acts, $40,000,000 are rescinded.

                          DEPARTMENT OF ENERGY

           Energy Supply Research and Development Activities


                             (rescissions)

       Of the funds made available under this heading in Public 
     Law 103-126, $107,300,000 are rescinded: Provided, That the 
     reduction shall be taken as a general reduction, applied to 
     each program equally, so as not to eliminate or 
     disproportionately reduce any program, project or activity in 
     the Energy Supply, Research and Development Activities 
     account as included in the reports accompanying Public Law 
     103-126.
       Of the funds made available under this heading for 
     superconducting magnetic energy storage in Public Law 103-
     126, $10,000,000 are rescinded.

                Uranium Supply and Enrichment Activities


                              (RESCISSION)

       Of the amounts made available under this heading in Public 
     Law 102-377 and prior years' Energy and Water Development 
     Appropriations Acts, $42,000,000 are rescinded.

                             RELATED AGENCY

                     Nuclear Regulatory Commission


                         salaries and expenses

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-126, $12,700,000 are rescinded.

                               CHAPTER 5

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS

                    MULTILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                  International Financial Institutions


              CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

                              (RESCISSION)

       Of the funds made available under this heading in Public 
     Law 103-87, for the United States contribution to the sixth 
     replenishment of the African Development Fund, $2,700,000 are 
     rescinded.

                     BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                  Agency for International Development


                      DEVELOPMENT ASSISTANCE FUND

                              (RESCISSION)

       Of the unexpended or unobligated balances of funds 
     (including earmarked funds) made available for fiscal year 
     1994 and prior fiscal years to carry out the provisions of 
     sections 103 through 106 of the Foreign Assistance Act of 
     1961, $40,879,000 are rescinded.


     OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT

                              (RESCISSION)

       Of the funds made available under this heading in Public 
     Law 103-87, for expenses related to the implementation of the 
     recommendations of the Report of the National Performance 
     Review, $3,000,000 are rescinded.


  ASSISTANCE FOR THE NEW INDEPENDENT STATES OF THE FORMER SOVIET UNION

                              (RESCISSION)

       Of the unexpended or unobligated balances of funds made 
     available under this heading and title VI of Public Law 103-
     87, and prior Acts making appropriations for foreign 
     operations, export financing, and related programs, for 
     assistance for the new independent states of the former 
     Soviet Union, $145,000,000 are rescinded.

                   INTERNATIONAL SECURITY ASSISTANCE

                         Economic Support Fund


                              (RESCISSION)

       Of the unexpended or unobligated balances of funds 
     (including earmarked funds) made available for fiscal years 
     1987 through 1994 to carry out the provisions of chapter 4 of 
     part II of the Foreign Assistance Act of 1961, $32,700,000 
     are rescinded.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President


                   FOREIGN MILITARY FINANCING PROGRAM

                             (RESCISSIONS)

       Of the funds made available under this heading (including 
     earmarked funds) in Public Law 102-391 and prior 
     appropriations acts, for grants to carry out the provisions 
     of section 23 of the Arms Export Control Act, $65,562,000 are 
     rescinded.
       Of the funds made available under this heading in Public 
     Law 103-87, for grants to carry out the provisions of section 
     23 of the Arms Export Control Act, $25,721,000 are rescinded: 
     Provided, That such rescission shall be derived only from 
     nonearmarked amounts.


                          Military assistance

                              (rescission)

       Of the funds made available (including earmarked funds) 
     under this heading in Public Law 102-391 and prior 
     appropriations acts, $438,000 are rescinded.

                               CHAPTER 6

            DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service


                    CONSTRUCTION and anadromous fish

                              (Rescission)

       Of the funds made available under this heading in Public 
     Law 100-446 and Public Law 102-154, $3,874,000 are rescinded.

                       DEPARTMENT OF THE TREASURY

                       Biomass Energy Development


                              (rescission)

       Of the funds available under this heading, $16,275,000 are 
     rescinded.

                               CHAPTER 7

  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
                            RELATED AGENCIES

                          DEPARTMENT OF LABOR


                              (Rescission)

       Of the amounts appropriated in Public Law 103-112 for 
     salaries and expenses and administrative costs of the 
     Department of Labor, $4,000,000 are rescinded.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES


                              (rescission)

       Of the amounts appropriated in Public Law 103-112 for 
     salaries and expenses and administrative costs of the 
     Department of Health and Human Services (except the Social 
     Security Administration), $37,500,000 are rescinded.

                     Social Security Administration


                  Supplemental Security Income Program

                              (rescission)

       Of the amounts appropriated in the first paragraph under 
     this heading in Public Law 103-112, $10,909,000 are 
     rescinded.


                 Limitation on Administrative Expenses

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-112 to invest in a state-of-the-art computing 
     network, $80,000,000 are rescinded.

                        DEPARTMENT OF EDUCATION

                        Departmental Management


                         program administration

                              (rescission)

       Of the amounts appropriated in Public Law 103-112 for 
     salaries and expenses and administrative costs of the 
     Department of Education, $8,500,000 are rescinded.

                               CHAPTER 8

                           LEGISLATIVE BRANCH

                        CONGRESSIONAL OPERATIONS

                                 SENATE

                   Contingent Expenses of the Senate


                              (rescission)

       Of the funds made available for the Senate under the 
     heading ``Sergeant at Arms and Doorkeeper of the Senate'' in 
     Public Law 102-90, $1,500,000 are rescinded.

                        HOUSE OF REPRESENTATIVES

                         Salaries and Expenses


                              (rescission)

       Of the amounts made available under this heading in Public 
     Law 101-520, $633,000 are rescinded in the amounts specified 
     for the following headings and accounts:

           ``allowances and expenses'', $633,000, as follows:

       ``Official Expenses of Members'', $128,000; ``supplies, 
     materials, administrative costs and Federal tort claims'', 
     $125,000; ``net expenses of purchase, lease and maintenance 
     of office equipment'', $364,000; and ``Government 
     contributions to employees' life insurance fund, retirement 
     funds, Social Security fund, Medicare fund, health benefits 
     fund, and worker's and unemployment compensation'', $16,000.
       Of the amounts made available under this heading in Public 
     Law 102-90, $2,352,000 are rescinded in the amounts specified 
     for the following headings and accounts:

                ``house leadership offices'', $253,000;

             ``committee on the budget (studies)'', $4,000;

         ``standing committees, special and select'', $378,000;

           ``allowances and expenses'', $943,000, as follows:

       ``Official Expenses of Members'', $876,000; and 
     ``stenographic reporting of committee hearings'', $67,000;

``committee on appropriations (studies and investigations)'', $595,000;

      ``salaries, officers and employees'', $179,000, as follows:

       ``Office of the Postmaster'', $19,000; ``for salaries and 
     expenses of the Office of the Historian'', $26,000; ``the 
     House Democratic Steering and Policy Committee and the 
     Democratic Caucus'', $73,000; and ``the House Republican 
     Conference'', $61,000.

                          LIBRARY OF CONGRESS


                              (rescission)

       Of the amounts made available under this heading in Public 
     Law 103-69, $1,000,000 are rescinded.

                       GENERAL ACCOUNTING OFFICE


                              (rescission)

       Of the amounts made available under this heading in Public 
     Law 103-69, $650,000 are rescinded.

                               CHAPTER 9

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

             Base Realignment and Closure Account, Part III


                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-110, $601,224,000 are rescinded.

                               CHAPTER 10

           DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                        payments to air carriers

                    (airport and airway trust fund)

                              (rescission)

       Of the funds available for programs authorized under 
     section 419 of the Federal Aviation Act of 1958, as amended 
     (49 U.S.C. 1389), $10,067,000 are rescinded.


                            rental payments

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-122, $1,781,000 are rescinded.

                    Federal Aviation Administration


                               operations

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-122, $2,750,000 are rescinded.


                        facilities and equipment

                    (airport and airways trust fund)

                              (rescission)

       Of the available balances under this heading, $65,205,300 
     are rescinded.


                       grants-in-aid for airports

                    (airport and airway trust fund)

                              (rescission)

       Of the unobligated balances authorized under section 14 of 
     Public Law 91-258 as amended, $488,200,000 are rescinded.

                     Federal Highway Administration


                          (highway trust fund)

                              (rescission)

       Of the funds made available for specific highway projects, 
     $23,701,035 are rescinded: Provided, That of the amounts made 
     available for Federal-aid highways pursuant to provisions of 
     the Surface Transportation and Uniform Relocation Assistance 
     Act of 1987, $2,517,473 are rescinded: Provided further, That 
     of the authority made available for bridges on Federal dams 
     pursuant to section 320 of title 23, United States Code, 
     $9,478,139 are rescinded: Provided further, That this 
     rescission shall not apply to any emergency relief project 
     under section 125 of title 23, United States Code.


                      right-of-way revolving fund

                          (highway trust fund)

                              (rescission)

       Of the unobligated balances authorized under section 108 of 
     title 23, United States Code, and section 7 of Public Law 90-
     495, $20,000,000 are rescinded.

             National Highway Traffic Safety Administration


                     highway traffic safety grants

                          (highway trust fund)

                              (rescission)

       Of the funds available for programs authorized under 153, 
     402, and 408 of title 23, United States Code, and section 209 
     of Public Law 95-599, as amended, $219,750,000 are rescinded.

                    Federal Railroad Administration


                   railroad research and development

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-122, $17,000,000 are rescinded.

                     Federal Transit Administration


                          discretionary grants

                              (rescission)

                          (highway trust fund)

       Of the funds made available under this heading in Public 
     Law 99-190, $808,935 are rescinded.

                               CHAPTER 11

            TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT

                       DEPARTMENT OF THE TREASURY

                        Internal Revenue Service


                          information systems

                              (rescission)

       Of the amount made available under this heading in Public 
     Law 103-123, $6,400,000 are rescinded.

                             RELATED AGENCY

                    General Services Administration


                         federal buildings fund

                (limitations on availability of revenue)

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-123, the Independent Agencies Appropriations Act, 
     1994, and from available unobligated balances from previous 
     appropriations acts, $127,691,000 are rescinded for the 
     following projects in the following amounts:
       Alabama:
       Montgomery, U.S. Courthouse, $5,000,000.
       Arizona:
       Naco, U.S. Border Station, $74,000.
       Sierra Vista, U.S. Magistrates Office, $1,000,000: 
     Provided, That up to $1,000,000 shall be made available for 
     such project from funds made available in Public Law 103-123 
     for non-prospectus construction projects.
       California:
       Calexico, U.S. Border Station, $900,000.
       Menlo Park, U.S. Geological Survey Office and Laboratory 
     Buildings, $783,000.
       Sacramento, U.S. Courthouse and Federal Building, 
     $3,391,000.
       Tecate, U.S. Border Station, $165,000.
       District of Columbia:
       Army Corps of Engineers, Headquarters Building, 
     $11,309,000.
       Federal Office Building No. 6, $11,100,000.
       Federal Bureau of Investigation, Field Office, $5,679,000.
       White House remote delivery and vehicle maintenance 
     facility, $5,382,000.
       U.S. Secret Service, Headquarters, $23,274,000.
       Florida:
       Lakeland, Federal Building, $4,400,000.
       Tampa, U.S. Courthouse, $7,472,000.
       Iowa:
       Burlington, Parking Facility, $2,400,000.
       Massachusetts:
       Boston, U.S. Courthouse, $4,076,000.
       Maryland:
       Bowie, Bureau of Census, Computer Center, $660,000.
       New Carrollton, Internal Revenue Service, $30,100,000.
       Minnesota:
       Minneapolis, Federal Building and U.S. Courthouse, 
     $4,197,000.
       New Hampshire:
       Concord, U.S. Courthouse, $867,000.
       Nevada:
       Reno, Federal Building and U.S. Courthouse, $875,000.
       New Jersey:
       Newark, Federal Building, 20 Washington Plaza, $327,000.
       Pennsylvania:
       Philadelphia, Veterans Affairs Federal Building, 
     $1,276,000.
       Tennessee:
       Knoxville, U.S. Courthouse, $800,000.
       United States Virgin Islands:
       Charlotte Amalie, St. Thomas, U.S. Courthouse and Annex, 
     $2,184,000.

                               CHAPTER 12

DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
                          INDEPENDENT AGENCIES

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs


   Homeownership and Opportunity for People Everywhere Grants (HOPE 
                                Grants)

                              (Rescission)

       Of the amounts provided under this heading in Public Law 
     103-124, an additional $50,000,000 are rescinded.


               Annual Contributions for Assisted Housing

                              (Rescission)

       Of the amounts earmarked under this heading in Public Law 
     103-124, $325,000,000 are rescinded: Provided, That the 
     $541,000,000 earmarked in the sixth proviso under this 
     heading shall be reduced accordingly.

                          INDEPENDENT AGENCIES

             National Aeronautics and Space Administration


                        Research and development

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-124, $63,000,000 are rescinded.


             Space flight, control, and data communications

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-124, $32,000,000 are rescinded.


                       Construction of facilities

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-124, $25,000,000 are rescinded.

                      TITLE IV--GENERAL PROVISIONS

       Sec. 401. 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. 402. The Architect of the Capitol shall be considered 
     the agency for the purposes of the election in section 
     801(b)(2)(B) of the National Energy Conservation Policy Act 
     and the head of the agency for purposes of subsection 
     (b)(2)(C) of such section.


prohibition of benefits for individuals not lawfully within the united 
                                 states

       Sec. 403. None of the funds made available in this Act may 
     be used to provide any benefit or assistance to any 
     individual in the United States when it is known to a Federal 
     entity or official to which the funds are made available 
     that--
       (1) the individual is not lawfully within the United 
     States; and
       (2) the direct Federal assistance or benefit to be provided 
     is other than search and rescue; emergency medical care; 
     emergency mass care; emergency shelter; clearance of roads 
     and construction of temporary bridges necessary to the 
     performance of emergency tasks and essential community 
     services; warning of further risks or hazards; dissemination 
     of public information and assistance regarding health and 
     safety measures; the provision of food, water, medicine, and 
     other essential needs, including movement of supplies or 
     persons; and reduction of immediate threats to life, property 
     and public health and safety.
       Sec. 404. (a) Study by Comptroller General.--The 
     Comptroller General of the United States shall conduct a 
     study regarding Federal laws, unfunded Federal mandates, and 
     other Federal regulatory requirements, that may prevent or 
     impair the ability of State and local authorities to rebuild 
     expeditiously the areas devastated by the January 1994 
     earthquake in Southern California. In conducting the study, 
     the Comptroller General shall consult with State and local 
     officials of California.
       (b) Report.--Not later than 30 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the Congress a report setting forth findings and 
     recommendations as a result of the study conducted under 
     subsection (a). The report shall include--
       (1) an identification of the specific Federal laws, 
     unfunded Federal mandates, and other Federal regulatory 
     requirements, referred to in subsection (a);
       (2) an analysis of the manner in which such laws, mandates, 
     and other requirements may prevent or impair the ability of 
     State and local authorities to rebuild expeditiously the 
     areas devastated by the January 1994 earthquake in Southern 
     California; and
       (3) recommended forms of, and appropriate time periods for, 
     relief from such laws, mandates, and other requirements.
       Sec. 405. 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, and that notice of this 
     provision be given to each recipient of assistance covered 
     under this Act.

  Mr. BYRD. Mr. President, my distinguished colleague, the able Senator 
from Oregon [Mr. Hatfield], ranking member of the committee, is on his 
way and is expected shortly. I therefore will await his presence before 
I make my opening statement.
  I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SHELBY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. SHELBY. Mr. President, I ask unanimous consent that I be allowed 
to speak out of order for up to 7 minutes.
  The ACTING PRESIDENT pro tempore. Is there objection? The Chair hears 
none. The Senator from Alabama is recognized for 7 minutes.
  (The remarks of Mr. Shelby pertaining to the introduction of S. 1838 
are located in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  Mr. BYRD addressed the Chair.
  The ACTING PRESIDENT pro tempore. The Chair recognizes the Senator 
from West Virginia.
  Mr. BYRD. Mr. President, H.R. 3759, the emergency supplemental 
appropriation and rescission bill, was reported by the Appropriations 
Committee yesterday afternoon in the form of a substitute to the House-
passed measure. In order to expedite Senate consideration of this 
critical legislation, the committee did not file a report to accompany 
the bill. However, Members have on their desk a detailed explanatory 
statements which set forth the committee's recommendations in great 
detail, and I urge Members to review that statement along with the bill 
as the debate on this measure proceeds.
  At this time, I will briefly set forth the key elements of the 
pending measure, after which time I will yield to Senator Hatfield--my 
distinguished colleague, the manager on his side--for any remarks that 
he wishes to make.
  As reported, H.R. 3759 contains four titles. For title I, the 
committee recommends emergency disaster assistance and other emergency 
funding totaling just over $10 billion. The vast majority of these 
funds are to provide disaster assistance to the victims of the 
California earthquake. Additionally, the President has requested and 
the committee has provided funding for the victims of the Midwest 
floods. The major items included in title I are:
  FEMA disaster relief: $4.7 billion;
  SBA disaster loans: $1.1 billion;
  Emergency highway funding: $1.3 billion;
  Impact aid and student financial assistance: $245 million;
  HUD-assisted housing: $325 million;
  Unanticipated needs fund: $550 million; and
  Midwest flood: $685 million.
  Additionally, the President requested and the committee has 
recommended $1.2 billion for the Department of Defense peacekeeping 
activities as an emergency. I am concerned with this particular 
emergency request of the President, the $1.2 billion for DOD for 
peacekeeping activities. For this one instance, in order to expedite 
consideration of this very important legislation, I am prepared to 
recommend that the committee go along with the emergency designation. 
But, this should not be looked at as a way to get annual add-ons to the 
DOD budget. I repeat, this should not be looked upon as a way to get 
annual add-ons for the DOD budget.
  Title II of the bill contains regular fiscal year 1994 supplemental 
appropriations requested by the President. Of these amounts, three of 
the committee's recommendations provide for mandatory funding of very 
important programs:
  Veterans compensation and pensions: $698 million;
  Veterans readjustment benefits: $103 million; and
  Advances for unemployment trust fund: $61.4 million.
  In addition to these mandatory appropriations, the bill contains 
various discretionary fiscal year 1994 supplementals requested by the 
President for items such as salaries and expenses for certain agencies, 
certain items for the National Park Service and Bureau of Indian 
Affairs, et cetera.
  These discretionary appropriations total under $150 million and are 
all accommodated within each subcommittee's 602(b) allocation.
  The President's budget contains one additional supplemental 
appropriation that the committee could not accommodate within its 
allocation. That request is for an appropriation of $670 million for 
contributions for international peacekeeping activities. That program 
falls under the jurisdiction of the Commerce, Justice, State 
Subcommittee and inasmuch as that subcommittee has insufficient budget 
authority and outlays remaining within its 602(b) allocation, the 
committee is therefore unable to provide these peacekeeping funds 
requested by the President.
  Title III contains rescissions totaling $3.44 billion. The committee 
recommends rescissions in response to the President's November 1, 1993 
message and, in addition, it has recommended rescissions in response to 
the President's rescissions message included in Monday's budget 
submission.
  So what we have is a committee response to two rescission messages 
from the President--one of last November and one of this past Monday, 
and both are included in this bill.
  In total, for both the November 1, 1993, and the February 7, 1994 
rescission messages, the President requested rescissions of $3.17 
billion. The committee's recommendations for both messages total $3.44 
billion, or $272 million in greater cuts than proposed by the 
President.
  There are a number of general provisions included in title IV of the 
bill. The committee adopted an amendment which I offered, and which was 
cosponsored by Senators Inouye, Hatfield, and Stevens. That amendment 
is a sense-of-the-Senate provision calling for the establishment of a 
bipartisan task force on funding disaster relief.
  There is a growing tension between the funding for disaster 
assistance and other emergencies, on the one hand, and, on the other 
hand, the demands for fiscal discipline. The constraints on 
discretionary spending established in the Budget Enforcement Act of 
1990 and the President's deficit reduction program, as incorporated in 
the Omnibus Budget Reconciliation Act of 1993, are helping to put the 
country on the right fiscal track. At the same time, however, the 
unavoidable demands of disaster relief and other emergencies continue 
to expand.
  We have no control over these natural disasters--none. We cannot 
foresee them, and we have to deal with them when they occur. I hope 
Senators will keep in mind the impact of such disasters when we get 
around to voting on a constitutional amendment on the balanced budget. 
They might want to think about that pretty seriously, because we are 
going to continue to have natural disasters. We always have had them, 
since man was created in the image of God and placed in the Garden of 
Eden. And they will continue.
  Fortunately, today we do not have that constitutional amendment on a 
balanced budget welded into the Constitution. We would have big 
trouble, big problems in financing these disasters, without cutting 
into other high- priority programs. So I will not hesitate to remind 
Senators of that fact when we get around to debating the constitutional 
amendment on a balanced budget. We cannot have it both ways. We cannot 
vote for billions of dollars to deal with natural disasters and turn 
around and then weld into the Constitution an amendment on a balanced 
budget which says that outlays shall not exceed receipts in any fiscal 
year, unless three-fifths of the total membership of both houses votes 
by rollcall to waive that provision. Therefore, Senators can bet that 
that language will be welded into the minds of Senators before they 
vote on a constitutional amendment on a balanced budget. It is a good 
time right now to remind Senators of it.
  Since fiscal year 1988, the Congress has enacted six major disaster 
relief supplemental appropriation bills that have provided over $17 
billion in assistance for a variety of domestic catastrophes, and this 
is exclusive of the $10 billion in emergency supplementals included in 
the pending measure.
  I think there is a growing agreement that a better way of funding 
this assistance is needed. Whether we find that better way remains to 
be seen. I am hopeful that the task force envisioned in this measure 
can develop a proposal or proposals for incorporating more realistic 
estimates of the prospective costs of this assistance in the Federal 
budget. Unless we can devise a responsible solution to this problem, we 
will continue to run the risk of either disrupting progress toward our 
fiscal goals or decimating other important and valuable programs funded 
by discretionary appropriations.
  I wish to thank all members of the committee for their cooperation in 
handling this critical legislation on an expedited basis. I wish to 
extend my heartfelt felicitations to Senator Hatfield, the former 
chairman of the Appropriations Committee, upon whose able advice and 
cooperation I have long ago come to depend. He has never hesitated to 
offer his wisdom and advice and kind cooperation and his help in many 
ways. He is always cooperative and has been helpful in this instance 
during the committee's markup of the bill.

  Also, I wish to thank the staff on both sides. We have an excellent 
staff. They are professionals, and they take their responsibilities 
seriously as professionals. I specifically mention Jim English, the 
director of the Senate Appropriations Committee staff, and Keith 
Kennedy, his counterpart on the minority side.
  In addition, I would like to thank all members of the full committee 
staff for their diligent work on this very important measure: Jack 
Conway, Bob Putnam, Tim Leeth, Mary Dewald, Anita Pandolfe, Marsha 
Berry, and Juanita Rilling. I also commend the staff of our 
subcommittees, whose work is invaluable. I will not take this 
opportunity to enumerate them, as they will be recognized during the 
course of the year for their work on their individual appropriation 
bills.
  I commend the two Senators from California, Mrs. Feinstein and Mrs. 
Boxer, for the great concern and effort they have demonstrated in 
response to the devastation that has occurred there, and for fully 
addressing the needs of their constituents. They have worked doggedly, 
day and night, with the administration and with me, including phone 
calls to me over the weekend at my home, in order to expedite 
consideration of the pending measure. I believe we have done the best 
that we can to respond to the President's requests and to the requests 
of the two California Senators, and that we have fully met the needs of 
the citizens of California and the additional needs of those affected 
by the Midwest floods, as well as rescinding an excess of $3 billion 
and providing appropriations for such important items as the veterans 
compensation pension funding and veterans readjustment benefits 
provided in the bill.
  I urge Senators to refrain from offering amendments to this bill.
  In that regard, I must say that Senator Reid and Senator Kerrey on 
yesterday indicated that they would have amendments to offer on the 
floor, and both Senators are here.
  I urge Senators, however, to refrain from offering amendments to the 
bill, as much as they can so refrain. I recognize the rights of all 
Senators and certainly support their rights to offer amendments.
  It is important that we complete action today on this measure in 
order to go to conference with the House tomorrow. This would make it 
possible for the conference report to be filed tomorrow night and 
action on that conference agreement could be taken by both the House 
and Senate on Friday.
  It is important to complete Congressional action this week. It is my 
understanding that the grants process for reconstruction and repair of 
the highways affected by the earthquake will cease if this bill is not 
enacted into law by the end of the week. Furthermore, it is my 
understanding that, without additional funds, FEMA will be forced to 
suspend work on all nonpeople related projects throughout the Nation in 
order to concentrate their remaining funds on the people-related needs 
of those affected by the earthquake.
  Mr. President, I am going to yield now, and I hope that my colleague, 
Senator Hatfield, will seek recognition. I wonder if it would be 
agreeable to him, before I take my seat, that I ask unanimous consent 
that the committee substitute be agreed to for purposes of further 
amendment, providing that all points of order will not have been 
waived.
  Let me put it in less passive sense--that no points of order will 
have been waived.
  The ACTING PRESIDENT pro tempore. Is the Senator making that 
unanimous-consent request?
  Mr. BYRD. I do.
  The ACTING PRESIDENT pro tempore. Is there objection? The Chair hears 
none. It is so ordered.
  Mr. BYRD. I thank my colleague, Mr. Hatfield, and I thank the Chair.
  The ACTING PRESIDENT pro tempore. The Chair recognizes the Senator 
from Oregon, Mr. Hatfield.
  Mr. HATFIELD. Mr. President, once again, the chairman of the 
Committee on Appropriations, Senator Byrd, and I find ourselves in 
agreement.
  The ACTING PRESIDENT pro tempore. The Senator will suspend for just a 
moment.
  It is the understanding of the Chair that the bill will be considered 
as original text for purpose of amendment.
  Mr. BYRD. That is correct; that the committee substitute be 
considered approved so that the bill, as amended, be considered as 
original text, with no points of order waived.
  The ACTING PRESIDENT pro tempore. The Chair thanks the Senator.
  The Senator from Oregon.
  Mr. HATFIELD. Mr. President, the chairman of the committee has 
outlined the contents of this bill in a very able fashion, as always. I 
am very honored again to be a partner in the managing of this 
appropriations measure.
  Mr. President, as far as the chairman and I are concerned, we work as 
a team, as a partnership. To me, there is no distance that separates 
this body from one side to the other on a partisan level. That is not 
the way in which we function on our committee.
  The reality of that aisle may be here to be seen, but I visualize a 
well-worn pathway that we have between ourselves crossing this aisle as 
we collaborate and cooperate together in serving this body and the 
people of this country, bringing to this floor from time to time these 
bills that represent life and hope and programs that are reaching out 
to people and to parts of this country.
  I am always privileged to be a student of the chairman as far as 
parliamentary procedure and senatorial history. I consider him a great 
mentor as well as a great friend. I also am conscious that our ability 
to come here and present these bills year after year, multiple bills--I 
need not remind the body that we have to produce 13 bills year after 
year. No committee is under such obligation to produce any bills.
  I also say that as often as perhaps the Appropriations Committee is 
targeted for criticism of reaching out beyond purely an appropriation 
action, that as we proceed to the 13 bills for 1995, as we did this 
last year, we will be appropriating funds to keep alive those agencies 
and those programs that have not been reauthorized.
  I want to raise one that I am most especially interested in, having 
authored the first one, and that is the Endangered Species Act. It has 
expired. And yet the appropriators have had to fill the gap to sustain 
the life of this very important program in this country.
  So we do have multiple functions and duties in the Appropriations 
Committee. We do not back down or shrink from those duties, even though 
those duties go beyond purely an appropriation action.
  I can remember when the crime bill was attached to an appropriations 
bill in order to get passed. I can remember when a foreign aid 
authorization was attached to an appropriations bill to get passed.
  So as much as the Appropriations Committee is targeted for this and 
that and the other thing, let us bear in mind that we are performing 
the one obligation that keeps this Government alive and functioning; 
much of that is providing it with the resources. That is a general 
comment.
  But I would like now to go back to the purpose of this bill, which 
is, of course, to continue to meet the needs unexpected, unplanned, and 
unscheduled. That is what an emergency appropriations bill is all 
about.
  We have three titles to this bill, as has been indicated. One title, 
title I, is to wrap a number of actions into one bill. Title I is the 
emergency appropriation primarily for the relief of the Los Angeles 
victims following the earthquake. In fact, of the $10 billion 
represented in title I, almost $8 billion, $7.7 billion, is for that 
action in the earthquake.
  We have a continuing obligation to fill in this title I, with the San 
Francisco earthquake. And, as well, we have the duties performed for 
the Midwest States flood. And on it goes, for these emergencies.
  We have, as well, to replenish the Department of Defense for the 
operations of Somalia and Bosnia and Iraq--those obligations.
  Title II is a title relating to what we might in shorthand call, 
``the President's regular supplemental appropriations bill'' that he 
has submitted as of yesterday. In this we are talking about $978 
million. These are nonemergency supplemental appropriations requests, 
and the single largest component of this is $801 million for veterans 
benefits. This, of course, is a mandated expenditure and does not 
require an offset. We also have over $60 million for advances for the 
unemployment trust fund. This is another mandatory activity that does 
not require an offset. The balance of $115 million is for various 
supplementals requested by the President for sundry activities of the 
Government. These are now in a different category. These are 
discretionary funding programs and they require an offset, and they 
have been offset by the action of the committee.
  I should note the committee was not able to provide one other request 
in the regular title II, regular supplemental, offered by the President 
of $670 million. That would be for the contribution to the U.N. 
peacekeeping forces. We could not find an offset, which we are required 
to do. We could not find an offset for that $670 million. So that 
matter will have to then carry over into the regular bills we will be 
undertaking very shortly for 1995.
  Title III of this bill, as the chairman indicated, addresses the 
issues of rescissions, rescissions in which, after a part of the fiscal 
year has elapsed, the President reviews programs and issues, those 
matters which relate to findings, and because of the changes that have 
occurred he submits to the Congress a proposal to rescind those 
expenditures that had been provided in the regular appropriations bill. 
The President submitted two such rescissions--one in November, 
approximately $1.9 billion, and another just yesterday, Tuesday, of 
$1.6 billion.
  The chairman has already indicated that we have increased those 
figures from the President. In other words, we are proposing here today 
we rescind more money than the President has suggested because the 
Congress as well contributes to a review of those programs in the face 
of changes. I might say we have recommended rescinding $3.4 billion in 
budget authority. This exceeds the amount of the House action by $881 
million and exceeds the President's request by $270 million.
  As the chairman has editorialized, so to speak, on the impact the 
balanced budget amendment would have on this kind of action, let me 
just, for a second or two, comment or editorialize on what the line-
item veto's impact would have on this particular type of procedure.
  I was asked by the media yesterday as to my reaction to a proposal 
that somehow has found its way in the ``reform activities of the House 
of Representatives,'' and probably will appear here in the Senate as 
well, as it has in the past. Somehow the impression has been 
communicated to the public and media that the President's budget is 
sacrosanct and, therefore, any change in the President's budget becomes 
an add-on by the Congress as a line item and should, therefore, be 
subject to veto because the impression is that any change that Congress 
makes is pork.
  Let me remind ourselves today that the Constitution bestows upon the 
legislative branch of Government the control of the purse strings, 
based upon our European background and our European political 
experience of the sovereign or the monarch or the dictator or the czar 
or whatever the title might be, of having such autocracy based upon the 
control of the resources.
  So, therefore, it is the Congress that has that fundamental 
constitutional responsibility. The President is but proposing to the 
Congress in his priorities, and in his view, what are the required 
resources to be acted upon by the Congress. The Congress in modifying 
or changing the President's budget is really functioning more under a 
constitutional requirement than an administrative requirement.
  I think we should never lose sight of the fact that that is our 
constitutional duty. Therefore, we must understand the President's 
budget as submitted is a compilation of line items. It is made up of 
many programs, many suggestions, many recommendations. Those are line 
items. Therefore, when we are modifying or changing, it is a matter of 
addressing a line-item procedure that the President is already engaged 
in, and our constitutional duty to so do. In addition to that, the 
impression is that every request the President makes is substantive, it 
is vital, it is imperative, it is important. Anything that Congress 
offers, again, is classified as pork.
  It is also assumed the President has asked for lesser money than the 
Congress has been wanting to appropriate, over the years. The chairman 
and other members of the Appropriations Committee have cited a survey 
and it has shown that in the major number of years--at one point it was 
38 out of 40--the Congress underappropriated the requests of the 
President. So the changes made by the Congress--add-ons, line items, 
pork, all of those things that have been so superficially identified--
have really been of a lesser gross amount, a lesser number, than the 
President's.
  Let me say to the body again, I take pride that in 6 years that I 
served as chairman of this committee under a Republican Senate and a 
Republican White House, we underappropriated President Reagan's request 
for military spending by approximately $100 billion; we transferred 
funds, in our priorities, to housing, to education, to welfare, to 
health, to all of the people needs, and we still underappropriated the 
total requests by President Reagan in practically all of those 8 years 
of the Reagan administration.
  Mr. BYRD. Not practically all, but in all.
  Mr. HATFIELD. Pardon?
  Mr. BYRD. Not practically all, but in all.
  Mr. HATFIELD. It has been suggested by the chairman, again, it was 
not ``practically all.'' I should take that modifier out. In all the 
years of the Reagan administration.
  So having now gotten that off my chest, let me go back, now, to the 
final comments that I want to make on this bill.
  We, again, have exceeded the President's rescission number. We have, 
again, indicated what we feel to be our imprint on this bill.
  Now we have to go to the House. We have to have conference with the 
House. And what the final bill will be it remains to be seen. But at 
this point the Senate Appropriations Committee has made this its 
recommendation, a lower figure than the President's rescission package.
  I want to join the chairman in urging a restraint on the matter of 
offering amendments. Let me just summarize this point.
  Any amendments to title II of the bill, which is the regular 
supplemental appropriation, will have to be offset. Any amendment that 
adds to title II will have to be offset. Let us also bear in mind that 
title I of the bill, which is the emergency supplemental, that has to 
qualify as an emergency.
  The chairman has already indicated that in yesterday's action, when 
we suggested that in a bipartisan way. I was happy to join the chairman 
and our colleagues, Senators Inouye and Stevens, in urging a sense-of-
the-Senate resolution to address this matter that we call ``emergencies 
because of natural disasters.''
  Mr. President, since 1988, the Congress has enacted six major 
disaster relief supplementals providing for 17 plus billion dollars for 
Federal disaster assistance. Today we are recommending $10 billion to 
be added to the deficit.
  I can remember when we appropriated almost $1 billion in 1980 for the 
Mount St. Helen's disaster. So here we are in this kind of a 
circumstance not able to predict natural disasters and yet under 
obligation to respond to natural disasters. But we have to find a 
better funding mechanism and policy to carry out that responsibility. I 
am very hopeful that there will be immediate action taken on this 
bipartisan task force to review our procedures for disaster relief 
supplemental appropriations and to recommend improvements. But we have 
no other alternative but to face up to that need at this time. 
Therefore, this is the purpose of title I of this bill.
  Mr. President, I yield the floor.
  Mr. REID addressed the Chair.
  The ACTING PRESIDENT pro tempore. The Chair recognizes the Senator 
from Nevada [Mr. Reid].
  Mr. INOUYE. Mr. President, the President requested emergency fiscal 
year 1994 supplemental appropriations in the amount of $1,198,300,000 
for the Department of Defense. These funds are requested to cover 
urgent, unbudgeted, and unanticipated expenses of the Department's 
humanitarian relief and peacekeeping operations in and around Somalia, 
Bosnia, Southwest Asia, and Haiti.
  The bill before the Senate recommends an appropriation in the same 
amount as requested by the President and provided by the House.
  These funds will cover only incremental costs associated with ongoing 
humanitarian, peacekeeping, and peace enforcing operations of the 
Department. That is, these funds will be used principally to: First, 
buy food, shelter, medical supplies, transportation, and other 
logistics support for our troops participating in these operations; 
second, purchase fuel and spare parts to operate and maintain weapons 
systems and support equipment; third, provide combat pay and family 
separation allowances to the men and women deployed to the areas of 
responsibility; and fourth, replace equipment destroyed or expended in 
conflict. Let me briefly summarize the committee's recommendations:
  For Somalia, $424,100,000 is recommended to sustain U.S. military and 
humanitarian assistance operations up to the planned departure date of 
March 31, 1994;
  For Bosnia, $276,700,000 is recommended to cover the full fiscal year 
costs of supply airdrops, hospital operations, and other support 
activities associated with U.S. humanitarian efforts there. These funds 
also will be used to support U.S. actions to enforce the no-fly zone in 
this area;
  For Southwest Asia, $449,700,000 is recommended to cover the full 
year combat pay, operations, and support costs of operation provide 
comfort--our relief activities for the Kurdish population living in 
Northern Iraq--and operation southern watch--our operations to enforce 
the no-fly zone in southern Iraq; and
  For Haiti, the committee recommends $47,800,000 to pay for the 
incremental expenses incurred by the Navy due to increased ship 
operations and flying hours of units assigned to maritime interception 
operations around Haiti.
  Appropriating funds in the amount requested is necessary to maintain 
the well being of our military forces. The expenses I have just 
described were neither anticipated nor provided for in the fiscal year 
1994 Defense Appropriations Act (Public Law 103-139). Thus, the 
Department has been forced to redirect funds designated for training 
activities, equipment maintenance, and other operations planned for 
later in the fiscal year in order to support these peacekeeping 
operations. Without these funds, the ability of our forces to maintain 
readiness certainly will be degraded.
  Last year, the committee labored hard to provide adequate funding for 
the Department's readiness programs. By accepting these recommendations 
we will continue to assure adequate funding for these critical 
programs. I urge the committee to accept the recommendations as 
proposed.
  Mr. REID addressed the Chair.
  The ACTING PRESIDENT pro tempore. The Chair recognizes the Senator 
from Nevada, [Mr. Reid].


                           Amendment No. 1436

  Mr. REID. Mr. President, I have an amendment in relation to the 
provision in the bill regarding the prohibition of funds to illegal 
residents. I brought this matter up yesterday in the Appropriations 
Committee and indicated at that time that I would bring it up again on 
the floor today.
  The relief bill we are going to pass today is a tribute to this 
country's enormous generosity in times of crisis and catastrophe.
  We not only reach out to our own people, but we reach out to the 
peoples in other parts of the world, whether there is an earthquake in 
California, fires in California, floods in the Midwest, hurricanes in 
Florida and North and South Carolina. We also take pride in our 
worldwide generosity, such as helping impoverished and starving people 
around the globe. We have, in effect, been the breadbasket of the 
world, giving free food all over the world in cases of disaster.
  We are always the first. Other countries help, but we are always the 
first to render aid in times of disaster. Humanitarian assistance is 
truly a part of the heritage of this country, and rightfully so.
  This tremendous humanitarianism is evidenced throughout the bill that 
is now before this body. Indeed, Mr. President, even those who are not 
legal residents will be eligible to receive significant amounts of aid 
such as, search and rescue assistance, emergency medical care, 
emergency mass care, emergency shelter, provisions for food, water, 
medicine and other essential needs, reduction of immediate threats to 
life, property, public health and safety. Again, even those who are not 
legal residents will receive that aid.
  But also part of our heritage is the notion that we should all play 
by a set of rules. The purpose of the amendment that I offer is to make 
sure that we allow the emergency assistance to everyone.
  I do not intend to stand in the way of the State of California and 
the Federal officials in California doing whatever is necessary to take 
care of the emergency needs of the men, women, and children who have 
been so hurt by this natural catastrophe.
  But what my amendment does is stop the Federal Government from 
providing long-term aid to individuals who are not legal residents of 
the United States. That is the simple import of this amendment. You 
see, Mr. President, this relief bill provides billions of dollars for 
temporary humanitarian relief. As I have indicated, that is the way it 
should be.
  This legislation also compensates victims for personal losses and 
allows them to receive thousands and thousands of dollars in long-term, 
nonhumanitarian Federal grants. The long-term nonhumanitarian relief 
goes well beyond the emergency essentials necessary for people to 
survive.
  Included in the long-term benefits are a number of things. For 
example, there are rent vouchers available for an 18-month period and 
grants of up to $20,000. These include grants from the Small Business 
Administration and the Department of Housing and Urban Development. To 
the extent there is any scarcity of these funds, we must make sure that 
only those who are lawfully within this country are entitled to receive 
these long-term benefits.
  I have spoken at great length with my two colleagues and friends from 
the State of California who so well represent that State in the U.S. 
Senate. They also understand that long-term benefits under this bill 
should only go to those who are legal residents of the State of 
California and this country. They would have to state that in the 
Record themselves, but I am confident that is what they would say.
  I do not think there is anyone in this Chamber who believes illegal 
residents ought to be entitled to long-term Federal grants, low-
interest SBA loans, rental subsidies and outright grants of over 
$12,000. The bill needs, I believe, clarity so that those who play by 
the rules and are the intended beneficiaries of long-term relief do not 
lose out to illegal residents taking advantage of this country's 
generosity.
  My amendment brings clarity by strengthening the requirements that 
relief workers take reasonable steps to verify that all applicants are 
legal residents.
  I voted against employer sanctions when I was in the House of 
Representatives when the immigration bill came up. I voted against 
employer sanctions because I thought we put a burden on the private 
sector that the Government should bear. I was on the losing side of 
that vote and employer sanctions came to be.
  I served at the request of the majority leader as chairman of the 
joint task force on Senate coverage last year. We rendered a report to 
the majority leader and the minority leader indicating that we felt 
that this body should have laws that we pass for the private sector 
apply to us.
  We have asked the private sector to do certain things regarding 
employer sanctions. I am asking so much less in the amendment that I am 
offering that is not even calculable. There are no severe fines here or 
other criminal penalties in my amendment. We are simply saying there 
should be reasonable steps taken by those who administer this aid to 
not give long-term aid to people who are illegal residents of this 
country.
  So my bill recognizes the employer sanctions that we now have 
regarding those who employ individuals who are not legal residents of 
this country. I think the Federal Government should be held to some 
kind of standard, certainly not the same standard that we currently 
impose on the private sector but some kind of standard. It is not 
unreasonable to require us, the Federal Government, to follow the same 
laws we impose on others. I am not even asking for the same burden. I 
am asking for a lesser burden because, unlike the laws we impose on the 
private sector, my bill will not impose criminal fines on those who 
violate the law or any type of criminal penalty. It simply puts in 
place language that will preserve the integrity of this generous bill 
by ensuring that illegal residents will not receive long-term Federal 
assistance they would not otherwise receive just because there was an 
earthquake.
  Again, Mr. President, I want to make it clear that my bill will in no 
way deprive anyone, whether legal or illegal, from receiving Federal 
assistance for emergency humanitarian relief.
  As elected officials, I believe, however, that we, Members of the 
Senate, owe a fiduciary duty to the people of this country--I owe it 
more specifically to the people of the State of Nevada--which obligates 
us to ensure that the long-term Federal benefits are properly 
allocated. This amendment that I will soon send to the desk is 
necessary to ensure that we do not fail in this regard. Without this 
amendment, there is absolutely no protection against illegal residents 
fraudulently abusing the law to secure thousands of taxpayers' dollars 
otherwise intended for long-term nonhumanitarian purposes.
  Moreover, by publicly debating this one weakness of the bill, we are 
sending out a clear message to those who are not in this country 
legally that there is money to be had. No questions asked, no strings 
attached.
  This bill prevents this from happening. That is, it prevents people 
from obtaining this money who are not legal residents of this country 
by requiring that the Federal relief agencies take reasonable steps to 
verify the legal residency of all applicants.
  Others have argued that it is unrealistic to expect that people 
typically carry identification proving they are lawfully within the 
United States. This argument, of course, is without a lot of 
foundation. It overlooks the fact that if you are asking to receive 
Federal funds, all taxpayers have a vested interest in assuring that 
you are a taxpayer. We are only asking reasonable steps to be taken. We 
are not asking the case be submitted to a jury and a lot of time be 
taken. We are asking that these bureaucrats take reasonable steps to 
show this.
  There are suggestions that requiring proof of legal residency may 
result in discrimination against certain minorities. I hope that is not 
the case, but, in fact, if there is any discrimination in this or any 
other area of the law, there are protections in place that already 
exist which forbid this kind of discrimination, and in fact it is a 
crime to do so.
  Federal relief workers who reject applicants based on discriminatory 
purposes know they are subject to not only termination but perhaps 
criminal and other civil penalties. Our first priority is to take care 
of the taxpayers in California and the rest of this country and to make 
sure for all Americans their tax dollars are not spent improperly. This 
amendment will provide a means of assuring this happens.
  Mr. President, let us not be misled by some who may try to frame this 
debate in terms of humanitarianism. This is a red herring. I think with 
just a minor bit of logic, that is understandable. This amendment will 
not stop any short-term emergency aid to anyone, including people who 
are not legally within this country. This bill does not affect 
emergency humanitarian relief granted to everyone. Because, however, 
this relief bill also provides for long-term remedial and compensatory 
benefits, we need to ensure that the scarce dollars allocated end up 
being appropriated to those who truly deserve them.
  Now, for my friend from California who is in the Chamber, and the 
other Senator from California, who I do not see in the Chamber at this 
time, but I have spoken to her and I know she is around, let them be 
assured I would like to work this out. I hope that we do not have to 
have a vote on this.
  I have a meeting with Senator Feinstein; Senator Boxer; Erskine 
Bowles, head of the SBA; and Secretary Henry Cisneros, of Housing and 
Urban Development at 1 o'clock today. I hope that I can have something 
in writing which will indicate to me and the rest of the Senate that 
any fears I have regarding long-term aid going to people who are not 
legal residents of this country will be satisfied; that in fact they 
can show me and will put in writing they have mechanisms established 
which are already in place in California so that these long-term 
benefits will only go to legal residents of this country.
  With this in mind, and with the assurance I gave my chairman and the 
ranking member yesterday in the full committee that I would do 
everything I could to work this out, I hope we can work this out, and I 
send this amendment to the desk.
  The PRESIDING OFFICER (Mr. Graham). The clerk will report.
  The bill clerk read as follows:

       The Senator from Nevada [Mr. Reid] proposes an amendment 
     numbered 1436:
       In title IV, section 403; insert at the end the following 
     paragraph:
       ``Any Federal entity or official who makes available funds 
     under this Act shall take reasonable steps to determine 
     whether any individual seeking to obtain such funds is 
     lawfully within the United States.''
  Mrs. FEINSTEIN. Mr. President, I rise both to comment on the 
supplemental and also to comment on the amendment which is before the 
Senate.
  Mr. President, in the beginning, I would like particularly to thank 
Chairman Byrd and the ranking member of the Appropriations Committee, 
as well as the entire committee, for the speed with which this 
supplemental has been moved. The speed is justly deserved, as I hope to 
point out. But more importantly, Mr. President, I should like to also 
thank the chairman of the committee for being available both to Senator 
Boxer and myself, when we called from California, to indicate his 
strong support to move very rapidly; also to commend my subcommittee 
chair, Senator Mikulski, who has held a hearing in the HUD/VA 
Subcommittee so that FEMA Director James Lee Witt and Secretary 
Cisneros could make a presentation to the committee on exactly what was 
happening with respect to this earthquake.
  Mr. President, this supplemental is entirely justified. Its urgency 
is justified as well. Along the lines of urgency, I would like to 
submit, if I may, for the Record, a document entitled ``The Urgency of 
Supplemental Appropriations for the Federal Emergency Management 
Agency,'' which was compiled on February 3, and at that point indicated 
that FEMA would run out of funds, without the supplemental, in 13 days. 
At this point, those days are less than 10.
  I should like to ask unanimous consent to submit this for the Record, 
if I may.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

 The Urgency of Supplemental Appropriations for the Federal Emergency 
                           Management Agency

           (Supporting Materials: The Northridge Earthquake)

       When will the Disaster Relief Fund run out of money?

               Average rate of spending since Northridge

                    (Dollars as of February 3, 1993)

       Status of Disaster Relief Fund Allocations:
       Unallocated balance of the Disaster Relief Fund on Jan. 
     17--$1,118,807,924.
       Total allocated Jan. 17 through morning Feb. 3--
     $851,677,729.
       For Northridge--$818,474,717.
       For previous disasters--$33,203,012.
       Original funds remaining--$267,130,195.
       Contingency funds released since Jan. 17--$408,000,000.
       Disaster Relief Fund Balance as of morning Feb. 3, 1993--
     $675,130,195.
       Allocation rate: Days since Northridge earthquake--16.
       Rate of allocation per day (all days, not just weekdays)--
     $53,229,858.
       For Northridge--$51,154,670.
       For previous disasters--$2,075,188.
       Days remaining:
       Days remaining at present rate (all days, not just 
     weekdays)--13.


 impact of not expeditiously approving fema supplemental appropriations

       The Northridge earthquake has presented FEMA with possibly 
     the largest challenge we have ever faced. Preliminary 
     estimates of over $4 billion for FEMA's costs alone outstrip 
     the current unallocated balance in the President's Disaster 
     Relief Fund.
       Until FEMA's request for supplemental appropriations can be 
     passed by the Congress, FEMA still needs to continue our 
     relief efforts for the Northridge earthquake and work on 
     other disasters for which we are responsible. In order to 
     minimize the disruption that would happen if we run short of 
     funds (as FEMA did after Hurricane Andrew), FEMA has already 
     determined that it will only be allocating funds when needed 
     immediately for obligation or to support critical assistance 
     to individuals and protect the health and safety of the 
     general public. This is already beginning to impact ongoing 
     recovery projects.
       If, in spite of these measures, the Fund still becomes 
     critically short of funds, we will undertake more drastic 
     measures. Any delay in providing supplemental appropriations 
     to the Federal Emergency Management Agency (FEMA) will result 
     in significant reductions of what can be funded as part of 
     the Agency's response and recovery efforts across the 
     country.

                           Public assistance

       In order to ensure that the Disaster Relief Fund contains 
     enough funds to (1) meet individual disaster victim needs, 
     and (2) support initial response operations in case 
     additional major disasters are declared, FEMA has been forced 
     to slow or stop the allocation of additional disaster 
     assistance payments for Public Assistance (payments to 
     States, local governments, and eligible non-profits for 
     infrastructure and public facility repairs). The withholding 
     of Public Assistance funds would negatively impact ongoing 
     recovery activities. For example:
       To date, FEMA has obligated around $200 million to 
     reimburse local communities and States for expenses incurred 
     in providing a variety of emergency protective measures 
     immediately following the Northridge earthquake and to 
     initiate repairs to damaged infrastructure. The current 
     estimate to repair the infrastructure is $2.5 billion. 
     Without supplemental funding, restoring public facilities to 
     their pre-disaster condition will be impossible.
       Eligible Public Assistance projects in Iowa, Illinois, 
     Kansas, Minnesota, Missouri, North Dakota, South Dakota and 
     Wisconsin (due to this past summer's Midwest floods) are 
     being slowed or delayed until additional funding is obtained.
       At this time, the President is considering a request for a 
     major disaster declaration for the State of Pennsylvania. In 
     addition, emergency declarations have been sought by the 
     States of Pennsylvania and Kentucky, and damage assessments 
     in the wake of recent incidents have recently been completed 
     in Ohio and Mississippi. Due to the funding implications of 
     declaring these potential disasters and emergencies, FEMA 
     will be able to provide nothing other than emergency 
     measures and assistance to individuals and families should 
     declarations be granted.
       If necessary, within one week FEMA will de-allocate Public 
     Assistance funds that have already been directed to FEMA 
     Regional Offices for outstanding disasters to ensure that the 
     immediate needs of disaster victims can be addressed.
       Should the Emergency Supplemental Appropriations not be 
     approved in the next two weeks, the impact of withholding 
     Public Assistance funds will be substantial. States and 
     communities eligible for additional Public Assistance funds 
     include but are not limited to:
       California (Los Angeles County and incorporated areas, 
     Orange County and incorporated areas; Ventura County and 
     incorporated areas; City of San Francisco (City Hall); 
     Stanford University; Watsonville Community Hospital)
       Illinois (East St. Louis; Eldred Drainage District; 
     Hillview Drainage District; Hunt Drainage District; Lima Lake 
     Drainage District)
       Iowa** (Davenport; Des Moines; Keokuck; Otumwa; Sabula; 
     Story; Iowa State University) (**The entire State is eligible 
     for Public Assistance funds)
       Kansas (Kansas City; St. Charles County; St. Louis; St. 
     Joseph)
       North Dakota (Steele County)
       South Dakota (Dakota Dunes)
       Wisconsin (Black River Falls)
       Florida (Dade County)
       Others: Arizona; Arkansas; Connecticut; Delaware; Florida; 
     Georgia; Guam; Hawaii; Indiana; Louisiana; Maine; Minnesota; 
     Mississippi; New Mexico; Nebraska; New York; New Jersey; 
     Oklahoma; Oregon; Ohio; Texas; and Vermont.

                               Mitigation

       A delay of the approval for the supplemental request will 
     also seriously hamper mitigation activities and funding to 
     States and local communities across the United States. In 
     many cases, this can leave communities open to further 
     disaster.
       For example, there are communities in the Midwest who are 
     awaiting assistance to implement preventative measures before 
     the expected Spring floods. Relocation of whole communities 
     (such as Valmeyer and Grafton, Illinois; English, Indiana; 
     and Darlington, Wisconsin) are already in process and will be 
     seriously impacted without the anticipated funding from the 
     Hazard Mitigation Grant (Section 404) Program.
       Other communities are also planning acquisition projects or 
     projects to elevate homes and other buildings above the base 
     flood elevation. This is a top priority for the Clinton 
     Administration, and will result in the reduction of human 
     suffering and costs related to flood disasters in the future. 
     Without funding, these homes will remain vulnerable to the 
     flood hazard.
       Presently, we anticipate requests for relocation funds from 
     about 200 communities affected by the Midwest floods of 1993.
       Should the Emergency Supplemental Appropriations not be 
     approved in the next two weeks, the impact of withholding 
     Mitigation funds will be substantial. States and communities 
     awaiting Mitigation funds include but are not limited to:
       Maine (Greenville; Kittery; Skowhegan; Wilton; Yarmouth)
       Massachusetts (Orleans)
       Alabama (Livingston; Oneonta)
       North Carolina (Sunset Beach)
       Illinois (Grafton; Valmeyer)
       Indiana (English)
       Wisconsin (Darlington; Eau Claire)
       Louisiana (LaFourche Parish)
       Texas (Simonton)
       Iowa (Independence; Des Moines)
       Kansas (Riley County)
       Missouri (Arnold; Jefferson City; Springfield; Ste. 
     Genevieve; St. Charles County)
       Nebraska (Crowell; Hollubs Place; Iskee Park; Sarpy County)
       Arizona (Winkelman)
       California (Humboldt County)


         fema verification of disaster assistance applications

                       FEMA's inspection process

       After FEMA has taken an application for assistance from a 
     disaster victim for Disaster Housing or for the Individual 
     and Family Grant (IFG) program, a home inspection will be 
     completed to determine eligibility and the amount of 
     assistance each program should provide. All requests for 
     assistance will be verified through use of this inspection 
     process.
       FEMA issues the applications electronically to one of the 
     firms with contracts from the Agency to provide these 
     inspection services. The contractors have provided 800 
     inspectors to accomplish these inspections to date. This 
     number of inspectors will grow to 1,500 by next week with 
     increases beyond that number made if necessary. Each contract 
     inspector receives applications for inspection electronically 
     from the contractor. The inspector records damage to real and 
     personal property, along with other relevant information, on 
     a hand-held computer. When the inspection is complete, the 
     collected information is electronically returned from the 
     contract firm to FEMA.
       This system, known as the Automated Construction Estimates 
     (ACE) system was first used in the California wildfires. Its 
     use will reduce the time necessary to assist applicants, 
     improve the accuracy of the grant awards provided, and reduce 
     administrative expenses. All applications for disaster 
     housing assistance and individual and family grant assistance 
     will be verified using the ACE system.
                                  ____



                                                    City Hall,

                                Los Angeles, CA, February 4, 1994.
     Hon. Robert C. Byrd,
     Chairman, Committee on Appropriations,
     U.S. Senate, Washington, DC.
       Dear Chairman Byrd: The Los Angeles earthquake has had a 
     devastating effect on the residents and economy of our city. 
     The initial episode, centered in the Northridge area of Los 
     Angeles, and the many aftershocks have resulted in fifty-
     seven deaths, scores of injuries, and a staggering amount of 
     property damage.
       Particularly in light of the intensity and breadth of the 
     devastation, we are extremely proud of the excellent 
     performance of the City of Los Angeles' emergency response 
     and damage recovery personnel. Moreover, we greatly 
     appreciate the similarly rapid and effective response of the 
     many other government and private individuals and 
     organizations involved. Nonetheless, the earthquake has 
     placed a tremendous strain on already stretched City 
     financial resources, facilities, and services, including 
     significant damage to the City's utility infrastructure.
       Therefore, we fully support HR 3759, the emergency 
     supplemental appropriations bill for disaster assistance 
     related to the Los Angeles earthquake, which was passed by 
     the House on February 3. HR 3759 will provide much needed 
     additional aid to victims of the disaster and allow the 
     regional economy to accelerate its recovery. It will also 
     provide increased funds for federal cost sharing in repairs 
     to damaged City facilities and in emergency response 
     activities. As the damage levels and their cost estimates 
     continue to grow over the next several months, our needs may 
     well exceed the significant level of assistance contained in 
     HR 3759. In that event, we look forward to working with 
     Congress and the Administration to meet those needs.
       We are grateful to the Administration, Senators Feinstein 
     and Boxer and our entire Congressional delegation for their 
     rapid and wholehearted support and we respectfully request 
     prompt consideration and passage of HR 3759 in the Senate.
           Sincerely,
     Richard Riordan,
       Mayor.
     John Ferraro,
       President.
                                         Los Angeles City Council.

  Mrs. FEINSTEIN. I should also like to submit a letter for the Record 
dated February 8, from the Governor of the State of California, Pete 
Wilson, indicating his strong support for this supplemental, and I ask 
unanimous consent it be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                               Sacramento, CA,

                                                 February 8, 1994.
     Hon. Robert C. Byrd,
     Chairman, Committee on Appropriations, U.S. Senate, 
         Washington, DC.
       Dear Mr. Chairman: I am writing to express my strong 
     support for the emergency supplemental appropriations bill, 
     and to urge swift Senate passage to ensure needed federal 
     funding assistance flows quickly to victims of the Northridge 
     Earthquake. The additional $2 billion added to the bill late 
     last week bring the totals more in line with our current 
     estimates of total federal costs.
       On the heels of quick action by the House of 
     Representatives last week, action by the Senate and passage 
     by the full Congress are the last steps in this critical 
     initial recovery phase. Any delay could threaten the flow of 
     urgently-needed funds.
       As we both know from past experience, additional steps may 
     have to be taken as more precise damage estimates are known. 
     We do know that this is among the costliest natural disasters 
     in our nation's history, one that we as a state can ill-
     afford, especially in light of the continued recession in 
     California and the unprecedented number of natural disasters 
     that have hit the state in recent years.
       I appreciate the commitment of the Administration and the 
     Congress to revisit these issues and increase federal 
     assistance as needed to ensure an essential federal response 
     to the needs arising out of the Northridge Earthquake.
       California will bear a substantial cost of the disaster 
     through our share of costs to rebuild our transportation 
     infrastructure and provide grants to individuals and 
     families, loss in property tax, casualty losses to be 
     deducted from Personal Income and Bank and Corporation taxes, 
     housing assistance in excess of federal support, and though 
     loss of economic activity and jobs.
       The difficult process of rebuilding these communities and 
     restoring the basic needs of so many Angelenos is now 
     underway. Passage of this appropriations bill marks an 
     important and much appreciated first step in the federal 
     government's commitment to the people of Los Angeles.
       I look forward to working with you to ensure full and 
     timely assistance for the communities and victims of the 
     Northridge Earthquake.
           Sincerely,
                                                      Pete Wilson.

  Mrs. FEINSTEIN. Mr. President, I should like to submit a letter for 
the Record dated February 8, 1994, from the director of the department 
of finance of the State of California, Mr. Russell Gould. This letter 
indicates that the total cost of the disaster to government agencies is 
estimated at $11.6 billion; the Federal Government's share of these 
costs is $9.5 billion; the State's share is $1.9 billion; and the local 
agency's share, $135 million.
  The letter then goes on to state that these shares are based on the 
provisions of H.R. 3759, the House bill that was passed, and it goes on 
to say that the supplemental is adequate to meet the needs of the 
State. I think this is an important letter and should be part of the 
official Record.
  I ask unanimous consent it be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                              State of California,


                                        Department of Finance,

                                 Sacramento, CA, February 8, 1994.
     Hon. Pete Wilson,
     Governor, State of California,
     Sacramento, CA.
       Dear Governor Wilson: I am hereby transmitting the 
     Department of Finance's estimate of the fiscal impact of the 
     January 17, 1994 Northridge Earthquake. The analysis is based 
     on the best damage assessments currently available to local, 
     state, and federal officials. These estimates will change 
     over time as new information becomes available.
       These shares of cost are based on the provisions of H.R. 
     3759, as it was passed by the House of Representatives. That 
     legislation contains supplemental appropriations totalling 
     $9.5 billion. Based on current estimates, I believe that H.R. 
     3759 contains sufficient funds to meet commitments that have 
     been made by the federal government to date.
       These federal funds, however, are not sufficient to cover 
     all of the costs borne by the state and by local agencies. 
     The state and local agencies will be responsible for state 
     programs that are not eligible for federal funding and for 
     the non-federal share of cost for federal disaster relief 
     programs.


                      federal disaster assistance

       Assistance provided through the Federal Emergency 
     Management Agency (FEMA) supports public assistance (e.g., 
     emergency response, debris removal, repair of damaged public 
     facilities), and hazard mitigation assistance. The federal 
     government pays for 90 percent of the cost of public 
     assistance, and 75 percent of the cost of hazard mitigation.
       The Office of Emergency Assistance estimates public 
     assistance costs will total $3.4 billion, including the base 
     costs of state and local agencies. The federal government has 
     indicated that it will pay for 90 percent of public 
     assistance expenses, excluding base costs. OES estimates that 
     the non-federal share of public assistance costs will total 
     $417 million. Of this amount, $58 million will be used to 
     assume local agencies' ordinary share of cost. OES estimates 
     that the non-federal share of costs for hazard mitigation 
     will total $195 million, of which one-third ($65 million) 
     would be a state cost and two-thirds ($130 million) would be 
     a local cost.


                       transportation facilities

       The Federal Highway Administration will cover 100 percent 
     of the cost of repair work which can be completed within 180 
     days under the Emergency Relief program. Work completed after 
     180 days is eligible for a federal share of cost which varies 
     between 88 and 91 percent, depending on the type of 
     transportation facility involved.
       CalTrans estimates that the cost of repair to structures 
     and roadways, and other costs borne by state and local 
     transportation agencies which are eligible for federal 
     funding will total $1.45 billion. CalTrans estimates that the 
     non-federal portion of these costs will be 10 percent, or 
     $145 million.


                    individual family grant program

       The Individual and Family Grant Program (IFPG) awards 
     grants to individuals and families for serious needs or 
     necessary expenses resulting from a disaster. The program 
     provides assistance of up to $12,200 per applicant. The 
     federal governments pays for 75 percent of the cost of these 
     grants. The state also administers a state-only supplemental 
     program, providing up to an additional $10,000 for applicants 
     whose needs are not met by the federal program.
       The Department of Social Services estimates that total cost 
     of IFPG grants will be $717 million, of which the non-federal 
     share will be $250 million.


                               tax relief

       The state traditionally provides two forms of tax relief 
     following disasters. First, current law allows taxpayers 
     affected by disasters to defer payment of their property 
     taxes. The state provides loans to local agencies to cover 
     their cash losses during the first year. In recent years, the 
     state has forgiven these loans as a means of recognizing the 
     taxpayers may also seek reassessment of damaged properties. 
     AB 2290 (Katz), which you support, contains provisions 
     providing this assistance. We estimate the cost of this 
     assistance will be $10 million.
       Current law also provides that casualty losses related to a 
     federally declared disaster which are not reimbursed by 
     insurance may be claimed as deductions in the year the loss 
     occurs or in the year preceding the loss. AB 2290 (Katz) also 
     contains provisions routinely enacted following recent 
     disasters which allow taxpayers to carry forward 100 percent 
     of losses up to 5 years and 50 percent of losses for up to an 
     additional 10 years. We estimate this tax relief will result 
     in General fund revenue losses of $425 million.


                           housing assistance

       The California Disaster Assistance Program (CALDAP) 
     provides assistance to owners of property that has been 
     damaged or destroyed in a disaster, who do not qualify for 
     programs administered by the Small Business Administration 
     (SBA) or the Department of Housing and Urban Development 
     (HUD). CALDAP assistance will take several different forms, 
     including loans for both single-family and multi-family 
     properties, recognizing the need to preserve the supply of 
     low-income multi-family housing.
       The Department of Housing and Community Development 
     estimates that $575 million will be required over the next 
     two years to meet the best estimate of need that is currently 
     available.


                          education impact aid

       H.R. 3759 includes $165 million to assist school districts 
     meet increased operating costs resulting from the earthquake 
     and to compensate districts for property tax losses directly 
     related to the earthquake. Past experience indicates that the 
     federal government pays for 90 percent of these costs. We 
     estimate that the state's share of cost would be $14 Million.
       A table summarizing these fiscal impacts is attached.
       Respectfully submitted.
                                                 Russell S. Gould,
                                              Director of Finance.
       Enclosure.


 PRELIMINARY ESTIMATE OF STATE FISCAL IMPACT STATE PROGRAMS FOR DISASTER
              RECOVERY RELATED TO THE NORTHRIDGE EARTHQUAKE             
                        [In millions of dollars]                        
------------------------------------------------------------------------
                                           Approximate            State 
            Program              Federalparticipationpercentage    cost 
------------------------------------------------------------------------
Federal disaster assistance                                             
 (OES/FEMA):                                                            
    Public assistance: includes                                         
     emergency response, debris                                         
     removal, repairing damaged                                         
     public facilities.........                      90              417
    Hazard mitigation..........                      75               65
Transportation facilities:                                              
 Repairing damaged roadways and                                         
 structures, costs of                                                   
 transportation agencies.......                      90              145
Individual Family Grant                                                 
 Program: Cash payments for                                             
 disaster relief (including                                             
 100% State supplemental                                                
 program)......................                      75              250
Tax relief:                                                             
    Property tax relief:                                                
     Reimburse local agencies                                           
     for disaster reassessments                       0               10
    Casualty losses: Increased                                          
     deductions for                                                     
     unreimbursed losses.......                       0              425
California Disaster Assistance                                          
 Program:                                                               
    Low interest loans to                                               
     reconstruct single- and                                            
     multifamily structures not                                         
     eligible for other forms                                           
     of assistance, such as SBA                                         
     or HUD....................                       0              575
Education impact aid...........                      90              14 
                                ----------------------------------------
      Total....................  ..............................   1,901 
------------------------------------------------------------------------
Source: Department of Finance, Feb. 8, 1994.                            

  Mrs. FEINSTEIN. Mr. President, without going over all the details of 
the earthquake, everybody who read this morning's newspapers knows that 
the earthquake has been upgraded in severity--from 6.6 to 6.8 in 
magnitude--so that the energy released from the quake is 1\1/2\ times 
more than the original estimate. It was a serious quake. It moved 
buildings vertically and horizontally at an accelerated rate that 
caused very serious damage to freeways, to homes, to businesses, and to 
many, many residents in the area.
  This supplemental appropriations bill goes a long way to enable 
people to recover. The human element of the supplemental is 
extraordinarily important: people standing in disaster assistance 
lines, people who urgently need housing, people whose businesses have 
crumbled and they need the small business loans.
  I would just like to quickly update the figures on the disaster, in 
addition to what the chairman said, on HUD housing grants, the impact 
aid, the transportation system, the small business loans, FEMA 
assistance, and the contingency funds.
  I want to point out that nearly 300,000 applications for FEMA 
assistance have been processed. There have been 21,659 applications for 
small business assistance received, and 1,100 applications, totaling 
$37.2 million in aid, have been approved. There have been 13,717 HUD 
section 8 housing vouchers, providing 18 months of rental assistance, 
requested. Of these, 2,807 applications have been approved and 803 
families have contracts with landlords. To qualify for the section 8 
program, a family of four cannot earn more than $24,150 a year; 100,000 
applications for food stamps have been approved to date. Yet 3\1/2\ 
weeks after the earthquake, 22 shelters remain open and 2,400 people 
are still in the shelters.
  Mr. President, I would like for a moment to turn to Senator Reid's 
amendment and to the language in the House bill. The relevant language 
is contained on page 114 of the bill. In essence, what it says is that 
none of the funds made available in this act can be used to provide any 
benefit or assistance to any individual in the United States when it is 
known to a Federal entity or official to which the funds are made 
available that the individual is not lawfully within the United States.
  I think this is quite possibly Senator Reid's problem. It says, 
``when it is known to a Federal entity.''
  I am hopeful that in the ensuing hours we can reach a compromise 
which takes care of what I understand Senator Reid's problem to be and 
yet does not mean that another 30 disaster assistance centers must 
open, and that we can make clear the distinction between emergency 
aid--food, water, shelter, temporary housing assistance, clothing--and 
long-term assistance--the section 8 HUD vouchers, long-term food stamp 
grants, and small business loans and grants that may be offered. This 
is critical to do.
  As I understand it, Senator Reid is asking the agencies that dispense 
long-term assistance to take reasonable steps to determine the legal 
status of the individual. It may well be that we can work this language 
appropriately into the House language so that it does not mean the 
agency cannot give initial, emergency assistance to an individual.
  I have been told by the agencies that, as drafted, if this language 
is included, it would mean--and I will be specific here--FEMA would 
have to add 20 to 30 additional disaster assistance centers to handle 
the delay that would be caused by requiring proof of citizenship at the 
preliminary screening. I say to Senator Reid that this is the main 
problem about preliminary screening: providers of emergency aid and 
shelter would be required to inquire about immigration status, not just 
in cases of long-term aid, but in the very early stages of responding 
to a disaster. This inquiry process into immigration status of all 
earthquake aid recipients would create a high burden for FEMA and other 
agencies who are struggling mightily to provide timely emergency 
assistance in the midst of what is great destruction.
  If FEMA or any other agency only checks the documentation of foreign-
looking or foreign-sounding applicants, they could be subject to an 
equal protection suit. In other words, if they select people because 
they appear to be Asian or Hispanic, they could be subject to an equal 
protection suit.
  This provision could even delay--or deny--benefits to legal citizens 
as well. It is a very sensitive, tender issue.
  As those who have worked on immigration reform law know, determining 
immigration status is not an easy task. Proof of being lawfully within 
the United States, which is the language in the Reid amendment, can 
involve over a dozen different documents, not just a green card or a 
passport.
  Training FEMA workers to evaluate all of these kinds of documents 
could also be extremely difficult at the initial screening, which is 
what we are talking about. Many documents that earthquake victims would 
use to document their immigration status may have been destroyed in the 
earthquake. What would these people do?
  On Friday, the U.S. attorney's office announced the formation of a 
Federal task force of eight Federal agencies to investigate earthquake-
related fraud in food stamps and other governmental assistance 
programs. I suspect there is going to be far more fraud committed by 
people who are legal citizens--who are trying to get additional food 
stamps or who exceed the $24,000 income limit to qualify for HUD 
section 8 vouchers--than by illegal immigrants trying to get this form 
of long-term assistance.
  That is why I am hopeful we will be able to clarify this amendment, 
because the intent is something that I think both Senator Boxer and I 
would like to vote for, to say that long-term aid--SBA loans, HUD 
section 8 vouchers, capital grants, long-term food stamps--can only go 
to people who are legitimately here in the United States and can so 
demonstrate that.
  So we need to see--and it is my understanding that Senator Kennedy's 
immigration staff is available to help and I am grateful for that--to 
see if we cannot satisfy Senator Reid's concern that reasonable steps 
will be taken by HUD to see that section 8 vouchers do not go to 
illegal immigrants and that reasonable steps will be taken by SBA to 
see that SBA loans and grants will not go to illegal residents.
  I think that can be handled.
  But, most importantly, I think it is very key and critical that this 
amendment be processed, this legislation be processed, today and be 
approved by this Senate.
  Time is running out. In my remarks, I will list other States that 
will be affected, other programs that will be affected, if this 
supplemental is not processed. I know there is no one in the Senate, 
absolutely no one, who wants to deny Federal aid to people who are 
truly in need at the time of a federally declared disaster. I must say 
that gives me a great deal of comfort.
  I also want to thank all of the Members of the Senate who have come 
forward one by one and said, ``California is really going through a 
rough time. Anything I can do to help, I certainly would be glad to 
do.'' I thank them for that statement, and I want to say that their 
vote in favor of this legislation will say both to my colleague, 
Senator Boxer, and to me, that you are indeed helping.
  Let me conclude by making a few additional comments.
  FEMA Director James Lee Witt has prepared an analysis of its funding 
needs, not only for this disaster, but to cover the outstanding costs 
of other disasters around the Nation.
  That report shows that at its current rate of funding, FEMA will run 
out of money in its disaster relief fund in 10 days.
  To continue providing emergency individual assistance FEMA has had to 
slow the allocation of public assistance funds in eight States: Iowa, 
Illinois, Kansas, Minnesota, Missouri, North Dakota, South Dakota, and 
Wisconsin.
  If funding is not provided in the next week and a half, public 
assistance funds would be slowed to 22 additional States: Florida, 
Arizona, Arkansas, Connecticut, Delaware, Georgia, Guam, Hawaii, 
Indiana, Louisiana, Maine, Minnesota, Mississippi, New Mexico, 
Nebraska, New York, New Jersey, Oklahoma, Oregon, Ohio, Texas, and 
Vermont.
  Responding to the current situation in California is not a local 
issue, it is clearly a national issue that impacts a majority of States 
in this Nation.


                      Federal-State-Local Response

  I would like to also praise the leadership of all the Federal State, 
and local officials who coordinated the response:
  FEMA Director Witt, who is still in California, HUD Secretary Henry 
Cisneros, Transportation Secretary Federico Pena were on the scene 
quickly, and stayed to help get the response apparatus in place.
  Dick Andrews, the director of the State's office of emergency 
services, coordinated the State's effort and did a great job.
  And Los Angeles Mayor Richard Riordan with Police Chief Willie 
Williams must be commended for their outstanding leadership and for 
their ongoing efforts which will ultimately, I am confident, put Los 
Angeles back on its feet.
  True bipartisan cooperation has guided the recovery effort thus far 
and it is my hope that bipartisan accord will continue today as this 
Senate approves the supplemental.
  By way of summary, in the last 23 days following the earthquake and 
more than 3,100 aftershocks: 57 people died; 6,540 people were injured; 
at least 21,000 homes have been declared uninhabitable; at least 55,000 
homes have been damaged; and 945,000 meals have been provided by 
voluntary organizations such as the Red Cross and the Salvation Army.


                         transportation impact

  Major transportation arteries have been disrupted: 5.6 million 
drivers are on these roads on any given day; on the segment of 
Interstate 10--the Santa Monica Freeway, the busiest freeway in the 
country--damaged by the earthquake, there are 271,000 daily trips; on 
Interstate 5 at Route 14, which is currently closed, more than 216,000 
daily trips have been recorded; and Route 118, a vital transportation 
link in Ventura County which is now closed, usually carries 187,000 
daily trips.
  A total of 689,000 daily trips have been disrupted as a result of the 
earthquake.
  The need to rebuild, and to rebuild fast, is clear.


                               Metrolink

  Let me mention the Department of Transportation's rapid efforts to 
expand the service of MetroLink, Los Angeles' commuter rail service. 
The new link runs out to Palmdale and Lancaster, which face terrible 
traffic problems as a result of closed roads.
  Within 2 days of the earthquake, the LA County Department of Streets 
and Highways, with the assistance of DOT and Navy Seabee's, constructed 
two new stations for this service and will have two more constructed by 
the first week in February.
  Ridership on this new line has increased dramatically in the days 
since the quake. The city of Los Angeles and the Los Angeles County 
Metropolitan Transportation Authority should be commended for their 
efforts to develop alternate transportation routes. The residents of 
Los Angeles should also be commended for their resilience and their 
efforts to work with the available transportation options in the face 
of crisis.
  I know the administration recognizes the need to put these freeways 
back on line. Some $41 million has already been committed, and the 
supplemental requests $950 million more, with an additional request of 
$400 million for contingencies.


                      Supplemental Appropriations

  This bill has been put together through the cooperation of the local, 
State and Federal agencies.
  I appreciate the efforts of the administration to recognize the 
tremendous needs of the region as a result of this disaster, and its 
ensuring response.
  This bill contains $7.7 billion in new budget authority for the 
response to the Los Angeles earthquake. Budgetary resources, including 
loan authority, exceed $8.6 billion. Including commitments already made 
to the southern California region, the Federal response to the Los 
Angeles disaster will exceed $9.5 billion, the largest Federal response 
to a natural disaster in history.
  Included in this bill for response to the Northridge earthquake is 
the following:
  HUD: $575 million for the Department of Housing and Urban Development 
to provide section 8 vouchers, flexible subsidies to repair multifamily 
housing damaged by the quake, as well as Community Development Block 
Grant funds to be spent for a widerange needs.
  Education: $245 million for impact aid to help schools meeting 
increased operating expenses as a result of the quake, and Pell grants 
to help students and families pay for increased transportation costs, 
extended day programs, and additional food service costs.
  Transportation: $1.39 billion for the reconstruction of Federal 
highways.
  SBA: $1.164 billion in funds and loan authority for the Small 
Business Administration to help rebuild homes and get businesses back 
on their feet.
  FEMA: $4.7 billion for a wide range of expenses, including the repair 
of public building, the repair of mass transit, road repairs, as well 
as individual emergency assistance.
  Contingency funds: $500 million for the President to allocate to 
various agencies to meet various needs as they arise.
  Clearly this is a great deal of money but, as I hope that I have 
illustrated, there is an urgent need to provide assistance.
  There is no time for delay in approving the supplemental 
appropriations bill.
  I recognize that some of my colleagues will push to offset the 
spending in this bill with cuts in other programs. I urge my colleagues 
to reconsider.
  This Congress must be concerned about the Nation's mounting debt, but 
to place the burden of that debt on the backs of earthquake victims is 
simply not fair.
  Since 1980, there have been eight emergency supplementals in response 
to disasters. None have been offset.
  This bill includes nearly $3.44 billion in rescissions. Cuts are 
being made, but the victims of this disaster ask for this supplemental 
to move forward so the recovery is not delayed.
  In the weeks and months ahead, I believe Congress should look at 
options such as national disaster insurance, or including the disaster 
relief fund within the budget when the President makes his annual 
request.
  I will be a willing participant in any discussion to develop a new 
approach.
  But today our responsibility, first and foremost, is to the victims 
of this quake. It is time to pass this bill and to pass it quickly. I 
urge your support of this package.
  I conclude by once again thanking the members of the committee for 
their support in the rapid processing of this.
  I yield the floor.

                          ____________________