[Congressional Record Volume 142, Number 10 (Thursday, January 25, 1996)]
[House]
[Pages H882-H900]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 THE BALANCED BUDGET DOWNPAYMENT ACT, I

  Mr. LIVINGSTON. Mr. Speaker, pursuant to the previous order of the 
House, I call up the bill (H.R. 2880) making appropriations for fiscal 
year 1996 to make a downpayment toward a balanced budget, and for other 
purposes, and ask for its immediate consideration in the House. 

[[Page H883]]

  The Clerk read the title of the bill.
  The text of H.R. 2880 is as follows:

                               H.R. 2880

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are hereby appropriated, out of any money in 
     the Treasury not otherwise appropriated, and out of 
     applicable corporate or other revenues, receipts, and funds, 
     for the several departments, agencies, corporations, and 
     other organizational units of Government for the fiscal year 
     1996, and for other purposes, namely:

                                TITLE I

       Sec. 101. (a) Such amounts as may be necessary under the 
     authority and conditions provided in the applicable 
     appropriations Act for the fiscal year 1995 including the 
     authority and conditions provided in emergency supplemental 
     appropriations Acts for fiscal year 1995 for continuing 
     projects or activities, except for those projects and 
     activities provided for in Public Law 104-91 and Public Law 
     104-92, including the costs of direct loans and loan 
     guarantees (not otherwise specifically provided for in this 
     Act) which were conducted in the fiscal year 1995 and for 
     which appropriations, funds, or other authority would be 
     available in the following appropriations Act as passed each 
     House, excluding conference reports:
       The Department of the Interior and Related Agencies 
     Appropriations Act, 1996; and
       The Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act, 1996:
       Provided, That whenever the amount which would be made 
     available or the authority which would be granted in these 
     Acts is greater than that which would be available or granted 
     under current operations, the pertinent project or activities 
     shall be continued at a rate for operations not exceeding the 
     current rate.
       (b) Whenever the amount which would be made available or 
     the authority which would be granted under an Act listed in 
     this section as passed by the House as of the date of 
     enactment of this Act, is different from that which would be 
     available or granted under such Act as passed by the Senate 
     as of the date of enactment of this Act, the pertinent 
     project or activity shall be continued at a rate for 
     operations not exceeding the current rate or the rate 
     permitted by the action of the House or the Senate, whichever 
     is lower, under the authority and conditions provided in the 
     applicable appropriations Act for the fiscal year 1995: 
     Provided, That where an item is not included in either 
     version or where an item is included in only one version of 
     the Act as passed by the House as of the date of enactment of 
     this Act, the pertinent project or activity shall not be 
     continued except as provided for in section 111 under the 
     appropriation, fund, or authority granted by the applicable 
     appropriations Act for the fiscal year 1995 and under the 
     authority and conditions provided in the applicable 
     appropriations Act for the fiscal year 1995.
       (c) Whenever an Act listed in this section has been passed 
     by only the House or only the Senate as of the date of 
     enactment of this Act, the pertinent project or activity 
     shall be continued under the appropriation, fund, 
     or authority granted by the one House at a rate for 
     operations not exceeding the current rate or the rate 
     permitted by the action of the one House, whichever is 
     lower, and under the authority and conditions provided in 
     the applicable appropriations Act for the fiscal year 
     1995: Provided, That where an item is funded in the 
     applicable appropriations Act for the fiscal year 1995 and 
     not included in the version passed by the one House as of 
     the date of enactment of this Act, the pertinent project 
     or activity shall not be continued except as provided for 
     in section 111 under the appropriation, fund, or authority 
     granted by the applicable appropriations Act for the 
     fiscal year 1995 and under the authority and conditions 
     provided in the applicable appropriations Act for the 
     fiscal year 1995.
       Sec. 102. Appropriations made by section 101 shall be 
     available to the extent and in the manner which would be 
     provided by the pertinent appropriations Act.
       Sec. 103. No appropriations or funds made available or 
     authority granted pursuant to section 101 shall be used to 
     initiate or resume any project or activity for which 
     appropriations, funds, or other authority were not available 
     during the fiscal year 1995.
       Sec. 104. No provision which is included in an 
     appropriations Act enactment in section 101 but which was not 
     included in the applicable appropriations Act for fiscal year 
     1995 and which by its terms is applicable to more than one 
     appropriation, fund, or authority shall be applicable to any 
     appropriation, fund, or authority provided in this title of 
     this Act.
       Sec. 105. Appropriations made and authority granted 
     pursuant to this title of this Act shall cover all 
     obligations or expenditures incurred for any program, 
     project, or activity during the period of which funds or 
     authority for such project or activity are available under 
     this Act.
       Sec. 106. Unless otherwise provided for in this title of 
     this Act or in the applicable appropriations Act, 
     appropriations and funds made available and authority granted 
     pursuant to this title of this Act shall be available until 
     (a) enactment into law of an appropriation for any project or 
     activity provided for in this title of this Act, or (b) the 
     enactment into law of the applicable appropriations Act 
     without any provision for such project or activity, or (c) 
     March 15, 1996, whichever first occurs.
       Sec. 107. This title of this Act shall be implemented so 
     that only the most limited funding action of that permitted 
     in this title of this Act shall be taken in order to provide 
     for continuation of projects and activities.
       Sec. 108. Expenditures made pursuant to this title of this 
     Act shall be charged to the applicable appropriation, fund, 
     or authorization whenever a bill in which such applicable 
     appropriation, fund, or authorization is contained is enacted 
     into law.
       Sec. 109. No provision in the appropriations Act for the 
     fiscal year 1996 referred to in section 101 of this Act that 
     makes the availability of any appropriation provided therein 
     dependent upon the enactment of additional authorizing or 
     other legislation shall be effective before the date set 
     forth in section 106(c) of this Act.
       Sec. 110. Appropriations and funds made available by or 
     authority granted pursuant to this title of this Act may be 
     used without regard to the time limitations for submission 
     and approval of apportionments set forth in section 1513 of 
     title 31, United States Code, but nothing herein shall be 
     construed to waive any other provision of law governing the 
     apportionment of funds.
       Sec. 111. Notwithstanding any other provision of this title 
     of this Act, except section 106, whenever an Act listed in 
     section 101 as passed by both the House and the Senate as of 
     the date of enactment of this Act, does not include funding 
     for an ongoing project or activity for which there is a 
     budget request, or whenever an Act listed in section 101 has 
     been passed by only the House or only the Senate as of the 
     date of enactment of this Act, and an item funded in fiscal 
     year 1995 is not included in the version passed by the one 
     House, or whenever the rate for operations for an ongoing 
     project or activity provided by section 101 for which 
     there is a budget request would result in the project or 
     activity being significantly reduced, the pertinent 
     project or activity may be continued under the authority 
     and conditions provided in the applicable appropriations 
     Act for the fiscal year 1995 by increasing the rate for 
     operations provided by section 101 to a rate for 
     operations not to exceed one that provides the minimal 
     level that would enable existing activities to continue. 
     No new contracts or grants shall be awarded in excess of 
     an amount that bears the same ratio to the rate for 
     operations provided by this section as the number of days 
     covered by this title of this Act bears to 366. For the 
     purposes of this title of this Act, the minimal level 
     means a rate for operations that is reduced from the 
     current rate by 25 percent.
       Sec. 112. Notwithstanding any other provision of this title 
     of this Act, except section 106, whenever the rate for 
     operations for any continuing project or activity provided by 
     section 101 or section 111 for which there is a budget 
     request would result in a furlough of Government employees, 
     the rate for operations may be increased to the minimum level 
     that would enable the furlough to be avoided. No new 
     contracts or grants shall be awarded in excess of an amount 
     that bears the same ratio to the rate for operations provided 
     by this section as the number of days covered by this 
     resolution bears to 366.
       Provided, That the first sentence of section 112 shall not 
     apply except to furloughs that exceed one workday per pay 
     period for the affected workforce during the period of 
     January 26, 1996 through March 15, 1996.
       Sec. 113. Notwithstanding any other provision of this title 
     of this Act, except sections 106 and 111, for those programs 
     that had high initial rates of operations or complete 
     distribution of funding at the beginning of the fiscal year 
     in fiscal year 1995 because of distributions of funding to 
     States, foreign countries, grantees, or others, similar 
     distributions of funds for fiscal year 1996 shall not be made 
     and no grants shall be awarded for such programs funded by 
     this title of this Act that would impinge on final funding 
     prerogatives.
       Sec. 114. Notwithstanding any other provision of this title 
     of this Act, except section 106, any distribution of funding 
     under the Rehabilitation Services and Disability Research 
     account in the Department of Education may be made up to an 
     amount that bears the same ratio to the rate for operation 
     for this account provided by this title of this Act as the 
     number of days covered by this title of this Act bears to 
     366.
       Sec. 115. Notwithstanding any other provision of this Act, 
     except section 106, the rate for operations of the following 
     projects or activities shall be only the minimum necessary to 
     accomplish orderly termination:
       Child Development Associate Scholarships in the Department 
     of Health and Human Services;
       Dependend Care Planning and Development in the Department 
     of Health and Human Services;
       Law Related Education in the Department of Education;
       Dropout Prevention Demonstrations in the Department of 
     Education;
       Aid for Institutional Development--Endowment Grants in the 
     Department of Education;
       Aid for Institutional Development--Evaluation in the 
     Department of Education;
       Native Hawaiian and Alaska Native Cultural Arts;
       Innovative Projects in Community Service in the Department 
     of Education;
       Cooperative Education in the Department of Education; and
       
[[Page H884]]

       Douglas Teacher Scholarships in the Department of 
     Education.
       Sec. 116. Compensation and Ratification of Authority.--(a) 
     Any Federal employees furloughed as a result of a lapse in 
     appropriations, if any, after midnight November 13, 1995, 
     until the enactment of this Act shall be compensated at their 
     standard rate of compensation for the period during which 
     there was a lapse in appropriations.
       All obligations incurred in anticipation of the 
     appropriations made and the authority granted by this title 
     of this Act for the purposes of maintaining the essential 
     level of activity to protect life and property and bring 
     about orderly termination of Government functions are hereby 
     ratified and approved if otherwise in accord with the 
     provisions of this title of this Act.
       Sec. 117. Notwithstanding any other provision of this title 
     of this Act, except section 106, upon enactment of this Act 
     any new grants or contracts for the following programs shall 
     be made at a level act to exceed a rate of 75 percentum of 
     prior monthly awards:


                department of health and human services

       Health Resources and Services Administration:
       Health Resources and Services: Trauma Care; Health Care 
     Facilities.
       Assistant Secretary for Health:
       Offic of the Assistant Secretary for Health: National 
     Vaccine Program; Health Care Reform Data Analysis; National 
     AIDS Program Office.
       Health Care Financing Administration:
       Program Management: Essential Access Community Hospitals.
       Administration for Children and Families:
       Children and Families Services Program: Youth Gang 
     Substance Abuse; Advisory Board on Child Abuse and Neglect; 
     Child Welfare Research; Social Services Research; Homeless 
     Service Grants; Community Schools (crime trust fund).
       Administration on Aging:
       Aging Services Programs: Pension Counseling; Federal 
     Council on Aging; White House Conference on Aging.


                        Department of Education

       Education for the Disadvantaged: State School Improvement.
       School Improvement Programs: Safe and Drug Free Schools and 
     Communities: National Program; Women's Educational Equity.
       Bilingual and Immigrant Education: Bilingual Education 
     Support Services.
       Higher Education: Faculty Development Fellowships; School, 
     College, and University Partnerships.


                            Related Agencies

       Corporation for National and Community Service: Domestic 
     Volunteer Service Programs, Operating Expenses: Senior 
     Demonstration Program.
       National Education Standards and Improvement Council.
       Sec. 118. Notwithstanding any other provision of law or 
     this Act, upon enactment of this Act the Secretary of each 
     cabinet level department other than State, Defense, 
     Ambassador to the United Nations, and Central Intelligence 
     shall not obligate a total amount of funds for their 
     individual official travel expenses for fiscal year 1996 that 
     would be greater than 110 per centum of the average total 
     amount of the individual official travel expenses of the 
     relevant departmental secretary for the fiscal years 1990 
     through 1995.
       Sec. 119. Notwithstanding any other provision of law or of 
     this title of this Act, the maximum Pell Grant for which a 
     student shall be eligible under the Higher Education Act of 
     1965, as amended, during award year 1996-1997 shall be at 
     least $2,440.
       Sec. 120. Notwithstanding any other provision of law, the 
     first proviso under the heading ``Education for the 
     disadvantaged'' in title III of H.R. 2127, as passed by the 
     House of Representatives, shall take effect upon enactment of 
     this Act.
       Sec. 121. 501 First Street SE., District of Columbia.
       (a) Disposal of Real Property.--
       (1) In general.--The Architect of the Capitol shall dispose 
     of by sale at fair market value all right, title, and 
     interest of the United States in and to the parcel of real 
     property described in paragraph (9), including all 
     improvements to such real property. Such disposal shall be 
     made by quitclaim deed.
       (2) House office building commission.--The Architect of the 
     Capitol shall carry out this section under the direction of 
     the House Office Building Commission.
       (3) Procedures.--Notwithstanding any other provision of 
     law, the disposal under paragraph (1) shall be made in 
     accordance with such procedures as the Architect of the 
     Capitol determines appropriate.
       (4) Sense of congress.--It is the sense of Congress that 
     the child care center of the House of Representatives should 
     remain in operation during the implementation of this 
     section.
       (5) Terms and conditions.--The deed of conveyance for the 
     property to be disposed of under paragraph (1) shall contain 
     such terms and conditions as the Architect of the Capitol 
     determines are necessary to protect the interests of the 
     United States.
       (6) Deposit of proceeds.--All proceeds from the disposal 
     under paragraph (1) shall be deposited in the account 
     established by subsection (b).
       (7) Advertising and marketing.--The Architect of the 
     Capitol shall begin advertising and marketing the property to 
     be disposed of under paragraph (1) not later than 30 days 
     after the date of the enactment of this Act.
       (8) Local zoning and occupancy requirements.--Until such 
     date as the purchaser of the property to be disposed of under 
     paragraph (1) takes full occupancy of such property, such 
     property and the tenants of such property shall be deemed to 
     be in compliance with all applicable zoning and occupancy 
     requirements of the District of Columbia.
       (9) Property description.--The parcel of real property 
     referred to in paragraph (1) is the approximately 31,725 
     square feet of land located at 501 First Street, SE., on 
     square 736 S, Lot 801 (formerly part of Reservation 17) in 
     the District of Columbia. Such parcel is bounded by E Street, 
     SE., to the north, First Street, SE., to the east, New Jersey 
     Avenue, SE., to the west, and Garfield Park to the south.
       (b) Separate Account in the Treasury.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a separate account which shall consist of 
     amounts deposited into the account by the Architect of the 
     Capitol under subsection (a).
       (2) Availability of funds.--Funds in the account 
     established by paragraph (1) shall be available, in such 
     amounts as are specified in appropriations Acts, to the 
     Architect of the Capitol for--
       (A) payment of expenses associated with relocating the 
     tenants of the property to be disposed of under subsection 
     (a)(1);
       (B) payment of expenses associated with renovating 
     facilities under the jurisdiction of the Architect for the 
     purpose of accommodating such tenants; and
       (C) reimbursement of expenses incurred for advertising and 
     marketing activities related to the disposal under subsection 
     (a)(1) in a total amount of not to exceed $75,000.

     Funds made available under this paragraph shall not be 
     subject to any fiscal year limitation.
       (3) Reporting of transactions.--Receipts, obligations, and 
     expenditures of funds in the account established by paragraph 
     (1) shall be reported in annual estimates submitted to 
     Congress by the Architect of the Capitol for the operation 
     and maintenance of the Capitol Buildings and Grounds.
       (4) Termination of account.--Not later than 2 years after 
     the date of settlement on the property to be disposed of 
     under subsection (a)(1), the Architect of the Capitol 
     shall terminate the account established by paragraph (1) 
     and all amounts remaining in the account shall be 
     deposited into the general fund of the Treasury of the 
     United States and credited as miscellaneous receipts.
       (c) Authority To Furnish Steam and Chilled Water.--
       (1) In general.--The Architect of the Capitol is authorized 
     to furnish steam and chilled water from the Capitol Power 
     Plant to the owner of the property to be disposed of under 
     subsection (a)(1) if the owner agrees to pay for such steam 
     and chilled water at market rates, as determined by the 
     Architect of the Capitol.
       (2) Authority limited to existing facilities.--The 
     Architect of the Capitol may furnish steam and chilled water 
     under paragraph (1) only with respect to facilities which, on 
     the date of the enactment of this Act, are located on the 
     property to be disposed of under subsection (a)(1).
       (3) Proceeds.--All proceeds from the sale of steam and 
     chilled water under paragraph (1) shall be deposited into the 
     general fund of the Treasury of the United States and 
     credited as miscellaneous receipts.
       Sec. 122. Notwithstanding any other provision of this title 
     of this Act except section 106, such sums as necessary are 
     hereby appropriated for all projects and activities funded 
     under the account heading ``Office for Civil Rights'' under 
     the Office of the Secretary in the Department of Health and 
     Human Services at a rate for operations not to exceed an 
     annual rate for new obligational authority of $16,153,000 for 
     general funds together with not to exceed an annual rate for 
     new obligational authority of $3,314,000 to be transferred 
     and expended as authorized by section 201(g)(1) of the Social 
     Security Act from the Hospital Insurance Trust Fund and the 
     Supplemental Medical Insurance Trust Fund.
       Sec. 123. Activities necessary to effect the following 
     program eliminations and transfers of selected functions are 
     funded under the terms and conditions and at a rate of 
     operations, notwithstanding any other provision of this title 
     of this Act, provided for in the conference report and joint 
     explanatory statement of the Committee of Conference (House 
     Report 104-402) on the Department of the Interior and Related 
     Agencies Appropriations Act, 1996 (H.R. 1977), as passed by 
     the House of Representatives on December 13, 1995:
       All projects and activities under the account heading 
     ``Public Development'' under the Pennsylvania Avenue 
     Development Corporation;
       All projects and activities under the account heading 
     ``Mines and Minerals'' under the Bureau of Mines in 
     Department of the Interior;
       All activities related to the transfer of functions from 
     the Bureau of Mines under the account heading ``Management of 
     Lands and Resources'' under the Bureau of Land Management in 
     the Department of the Interior;
       All activities related to the transfers of functions from 
     the Bureau of Mines and from 

[[Page H885]]
     the National Biological Service under the account heading ``Surveys, 
     Investigations, and Research'' under the United States 
     Geological Survey in the Department of the Interior; and
       All activities related to the transfer of functions from 
     the Bureau of Mines under the account heading ``Fossil Energy 
     Research and Development'' in the Department of Energy.
       Sec. 124. Notwithstanding any other provision of this title 
     of this Act, the appropriations and funds made available and 
     authority granted pursuant to the preceding section shall be 
     available until (a) enactment into law of an appropriation 
     for any project or activity provided for in that section, or 
     (b) the enactment into law of the applicable appropriations 
     Act without any provision for such project or activity, or 
     (c) September 30, 1996, whichever first occurs.
       Sec. 125. Notwithstanding any other provision of this title 
     of this Act, except section 106, such amounts as may be 
     necessary are hereby appropriated to effect the sale of Weeks 
     Island oil from the Strategic Petroleum Reserve under the 
     terms and conditions and at a rate of operations provided for 
     in the conference report and joint explanatory statement of 
     the Committee of Conference (House Report 104-402) on the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 1996 (H.R. 1977), as passed by the House 
     of Representatives on December 13, 1995.
       Sec. 126. Notwithstanding any other provision of this title 
     of this Act, such amounts as may be necessary are hereby 
     appropriated under the authority and conditions provided in 
     the applicable appropriations Act for the fiscal year 1995 
     for continuing, at a rate for operations provided for in the 
     conference report and joint explanatory statement of the 
     Committee of Conference (House Report 104-402) on the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 1996, (H.R. 1977) as passed by the House 
     of Representatives on December 13, 1995, for the following 
     projects or activities including the costs of direct loans 
     and loan guarantees (not otherwise specifically provided for 
     in this Act) which are conducted in the fiscal year 1995: all 
     projects or activities of the Indian Health Services, Indian 
     Health Service Facilities Bureau of Indian Affairs, National 
     Park Service, notwithstanding any other provision of law, the 
     United States Fish and Wildlife Service, notwithstanding any 
     other provision of law, and the Forest Service, 
     notwithstanding any other provision of law, Provided, That 
     appropriations and funds made available and authority granted 
     pursuant to this section shall be available until (a) 
     enactment into law of an appropriation for any project or 
     activity provided for in this section, or (b) the enactment 
     into law of the applicable appropriations Act without any 
     provision for such project or activity, or (c) March 15, 
     1996, whichever first occurs.
       Sec. 127. Notwithstanding any other provision of this title 
     of this Act except section 106, projects and activities under 
     the account heading ``Salaries and expenses'' under the 
     National Labor Relations Board shall be subject to the 
     provisions of section 112 of Public Law 104-56.
       Sec. 128. None of the funds made available by Public Law 
     104-91 may be used for--
       (1) the creation of a human embryo or embryos for research 
     purposes; or
       (2) research in which a human embryo or embryos are 
     destroyed, discarded, or knowingly subjected to risk of 
     injury or death greater than that allowed for research on 
     fetuses in utero under 45 CFR 46.208(a)(2) and 42 U.S.C. 
     289g(b).

     For purposes of this section, the phrase ``human embryo or 
     embryos'' shall include any organism, not protected as a 
     human subject under 45 CFR 46 as of the date of enactment of 
     this Act, that is derived by fertilization, parthenogenesis, 
     cloning, or any other means from one or more human gametes.

     SEC. 129. TECHNICAL AMENDMENT TO PROHIBITION OF GRANTS FOR 
                   501(c)(4) ORGANIZATIONS ENGAGING IN LOBBYING 
                   ACTIVITIES.

       (a) In General.--Section 18 of the Lobbying Disclosure Act 
     of 1995 is amended by striking ``award, grant, contract, 
     loan, or any other form'' and inserting ``award, grant, or 
     loan''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the Lobbying Disclosure 
     Act of 1995 on the date of the enactment of such Act.
       Sec. 130. No funds appropriated under this or any other Act 
     shall be used to review or modify sourcing areas previously 
     approved under section 490(c)(3) of the Forest Resources 
     Conservation and Shortage Relief Act of 1990 (Public Law 101-
     382) or to enforce or implement Federal regulations 36 CFR 
     part 223 promulgated on September 8, 1995. The regulations 
     and interim rules in effect prior to September 8, 1995 (36 
     CFR 223.48, 36 CFR 223.87, 36 CFR 223 Subpart D, 36 CFR 223 
     Subpart F, and 36 CFR 261.6) shall remain in effect. The 
     Secretary of Agriculture or the Secretary of the Interior 
     shall not adopt any policies concerning Public Law 101-382 or 
     existing regulations that would restrain domestic 
     transportation or processing of timber from private lands or 
     impose additional accountability requirements on any timber. 
     The Secretary of Commerce shall extend until September 30, 
     1996, the order issued under section 491(b)(2)(A) of Public 
     Law 101-382 and shall issue an order under section 
     491(b)(2)(B) of such law that will be effective October 1, 
     1996.
       Sec. 131. Notwithstanding any other provision of this Act, 
     an additional $2,000,000 is hereby appropriated for the 
     National Park Service, Park Service construction for repair 
     of flood damage to the Chesapeake and Ohio Canal National 
     Historical Park.

 TITLE II--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, 
                  AND RELATED AGENCIES APPROPRIATIONS

       Sec. 201. (a) Such amounts as may be necessary under the 
     authority and conditions provided in the applicable 
     appropriations Act for the fiscal year 1995 for projects or 
     activities, except for those projects and activities provided 
     for in Public Law 104-91 and Public Law 104-92, including 
     costs of direct loans and loan guarantees (not otherwise 
     specifically provided for in this Act) at a rate for 
     operations provided for in the conference report and joint 
     explanatory statement of the Committee of Conference, 
     House Report 104-378, on the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1996 (H.R. 2076), as passed the House 
     of Representatives on December 6, 1995, notwithstanding 
     section 15 of the State Department Basic Authorities Act 
     of 1956, section 701 of the United States Information and 
     Educational Exchange Act of 1948, section 313 of the 
     Foreign Relations Authorization Act, Fiscal Years 1994 and 
     1995 (Public Law 103-236), and section 53 of the Arms 
     Control and Disarmament Act: Provided, That, 
     notwithstanding any other provision of this title of this 
     Act, the rate for operations only for program 
     administration and the continuation of grants awarded in 
     fiscal year 1995 and prior years of the Advanced 
     Technology Program of the National Institute of Standards 
     and Technology, and the rate for operations for the Ounce 
     of Prevention Council, Drug Courts, Global Learning and 
     Observations to Benefit the Environment and for the Cops 
     on the Beat Program may be increased up to a level of 75 
     per centum of the final fiscal year 1995 appropriated 
     amount: Provided further, That, under the previous 
     proviso, no contracts or grants shall be awarded in excess 
     of an amount that bears the same ratio to the rate for 
     operations provided by the previous proviso as the number 
     of days covered by this resolution bears to 366: Provided 
     further, That any costs incurred by a Department or agency 
     funded under this subsection resulting from personnel 
     actions taken in response to funding reductions resulting 
     from this Act shall be absorbed within the total budgetary 
     resources available to such Department or agency: Provided 
     further, That the authority to transfer funds between 
     appropriations accounts as may be necessary to carry out 
     the preceding proviso is provided in addition to 
     authorities provided elsewhere in this subsection: 
     Provided further, That funds to carry out the preceding 
     two provisos shall not be available for obligation or 
     expenditure except in compliance with established 
     reprogramming procedures: Provided further, That, 
     notwithstanding any other provision of this title of this 
     Act, the amount of funds obligated or expended by the 
     Legal Services Corporation shall not exceed an amount that 
     bears the same ratio to the rate for operations available 
     to the Legal Services Corporation as the number of days 
     covered by this resolution bears to 366: Provided further, 
     That, notwithstanding any other provision of this title of 
     this Act, funding provided for Violent Offender 
     Incarceration and Truth in Sentencing Incentive Grants, 
     with the exception of funds available to States for 
     incarceration of criminal aliens and the Cooperative 
     Agreement Program, shall be withheld, pending enactment of 
     revisions to subtitle A of title II of the Violent Crime 
     Control and Law Enforcement Act of 1994, so as not to 
     impinge upon final funding prerogatives: Provided further, 
     That, notwithstanding any other provision of this title of 
     this Act, sufficient funds shall be provided to continue 
     the Office of Inspector General of the United States 
     Information Agency, to be derived from funds otherwise 
     available to the Office of Inspector General of the 
     Department of State.

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

       (b) Such amounts as may be necessary under the authority 
     and conditions provided in the applicable appropriations Act 
     for the fiscal year 1995 for continuing projects or 
     activities, except for those projects and activities provided 
     for in Public Law 104-91 and Public Law 104-92, including the 
     costs of direct loans and loan guarantees (not otherwise 
     specifically provided for in this Act) at a rate for 
     operations provided for in the conference report and joint 
     explanatory statement of the Committee of Conference, House 
     Report 104-384, on the Departments of Veterans Affairs and 
     Housing and Urban Development, and Independent Agencies 
     Appropriations Act, 1996 (H.R. 2099), as passed the House of 
     Representatives on December 7, 1995: Provided, That Senate 
     amendment 63 shall be disposed of in the manner passed by the 
     House on December 7, 1995, as if enacted into law: Provided 
     further, That, notwithstanding any other provision of this 
     title of this Act, the rate for operations for the 
     Corporation for National and Community Service, the Community 
     Development Financial Institutions Fund, and the Office of 
     Consumer Affairs may be increased up to a level of 75 per 
     centum of the fiscal year 1995 level: Provided further, That, 
     under the previous proviso, no new contracts or grants 

[[Page H886]]
     shall be awarded in excess of an amount that bears the same ratio to 
     the rate for operations provided by the previous proviso as 
     the number of days covered by this resolution bears to 366: 
     Provided further, That the penultimate proviso under the 
     heading ``General Operating Expenses'' and sections 107 and 
     109 under the heading ``Administrative Provisions'' in the 
     Department of Veterans Affairs are effective to the extent 
     and in the manner, notwithstanding any other provision of 
     this Act, provided for in the conference report and joint 
     explanatory statement of the Committee of Conference (House 
     Report 104-384) on the Departments of Veterans Affairs and 
     Housing and Urban Development, and Independent Agencies 
     Appropriations Act, 1996 (H.R. 2099), as passed by the House 
     of Representatives on December 7, 1995.
       Sec. 202. Unless otherwise provided for in this title of 
     this Act or in the applicable appropriations Act, 
     appropriations and funds made available and authority granted 
     pursuant to this title of this Act shall be available until 
     (a) the enactment into law of an appropriation for any 
     project or activity provided for in this title of this Act, 
     or (b) the enactment into law of the applicable 
     appropriations Act by both Houses without any provision for 
     such project or activity, or (c) March 15, 1996, whichever 
     first occurs.
       Sec. 203. Appropriations made and authority granted 
     pursuant to this title of this Act shall cover all 
     obligations or expenditures incurred for any program, 
     project, or activity during the period for which funds or 
     authority for such project or activity are available under 
     this title of this Act.
       Sec. 204. Expenditures made pursuant to this title of this 
     Act shall be charged to the applicable appropriation, fund, 
     or authorization whenever a bill in which such applicable 
     appropriation, fund, or authorization is contained is enacted 
     into law.
       Sec. 205. Appropriations made by section 201 shall be 
     available to the extent and in the manner which would be 
     provided by the pertinent appropriations Act.
       Sec. 206. No provision in the appropriations Act for the 
     fiscal year 1996 referred to in section 201 of this Act that 
     makes the availability of any appropriation provided therein 
     dependent upon the enactment of additional authorizing or 
     other legislation shall be effective before the date set 
     forth in section 202(c) of this Act.
       Sec. 207. Appropriations and funds made available by or 
     authority granted pursuant to this title of this Act may be 
     used without regard to the time limitations for submission 
     and approval of apportionments set forth in section 1513 of 
     title 31, United States Code, but nothing herein shall be 
     construed to waive any other provision of law governing the 
     apportionment of funds.
       Sec. 208. Public Law 104-92 is amended by repealing Title 
     II and by inserting in section 101(a) after the paragraph 
     ending with ``under the Railroad Retirement Board;'' the 
     following paragraphs: ``All activities, including 
     administrative and beneficiary travel expenses of all 
     veterans benefit programs, necessary for the provision of 
     veterans benefits funded in the Department of Veterans 
     Affairs under the headings ``Compensation and pensions'', 
     ``Readjustment benefits'', ``Veterans insurance and 
     indemnities'', ``Guaranty and indemnity program account'', 
     ``Loan guaranty program account'', ``Direct loan program 
     account'', ``Education loan fund program account'', 
     ``Vocational rehabilitation loans program account'', ``Native 
     American veteran housing loan program account'', and 
     ``Administrative provisions, Sec. 107'' to the extent and in 
     the manner and at the rate of operations, notwithstanding any 
     other provision of this joint resolution, provided for in the 
     conference report and joint explanatory statement of the 
     Committee of Conference (House Report 104-384) on the 
     Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     1996 (H.R. 2099), as passed by the House of Representatives 
     on December 7, 1995;
       All payments to contractors of the Veterans Health 
     Administration of the Department of Veterans Affairs for 
     goods and services that directly relate to patient health and 
     safety to the extent and in the manner and at the rate for 
     operations, notwithstanding any other provision of this joint 
     resolution, provided for in the conference report and joint 
     explanatory statement of the Committee of Conference (House 
     Report 104-384) on the Departments of Veterans Affairs and 
     Housing and Urban Development, and Independent Agencies 
     Appropriations Act, 1996 (H.R. 2099), as passed by the House 
     of Representatives on December 7, 1995;''.
       Sec. 209. Notwithstanding any other provision of this title 
     of this Act, except section 202, the amount made available to 
     the Securities and Exchange Commission, under the heading 
     Salaries and Expenses, shall include, in addition to direct 
     appropriations, the amount it collects under the fee rate and 
     offsetting collection authority contained in Public Law 103-
     352, which fee rate and offsetting collection authority shall 
     remain in effect during the period of this title of this Act.
       Sec. 210. Notwithstanding any other provision of this title 
     of this Act, except section 202, funds for the Environmental 
     Protection Agency shall be made available in the 
     appropriation accounts which are provided in H.R. 2099 as 
     reported on September 13, 1995.
       Sec. 211. Public Law 104-91 is amended by inserting after 
     the words ``the protection of the Federal judiciary'' in 
     section 101(a), the following: ``to the extent and in the 
     manner and'', and by inserting at the end of the paragraph 
     containing those words, but before the semicolon, the 
     following: ``: Provided, That, with the exception of section 
     114, the General Provisions for the Department of Justice 
     included in Title I of the aforementioned conference report 
     are hereby enacted into law''.
       Sec. 212. Notwithstanding any other provision of law or 
     regulation, the National Aeronauties and Space Administration 
     shall convey, without reimbursement, to the State of 
     Mississippi, all rights, title and interest of the United 
     States in the property known as the Yellow Creek Facility and 
     consisting of approximately 1,200 acres near the city of 
     Iuka, Mississippi, including all improvements thereon and 
     also including any personal property owned by NASA that is 
     currently located on-site and which the State of Mississippi 
     requires to facilitate the transfer: Provided, That 
     appropriated funds shall be used to effect this conveyance: 
     Provided further, That $10,000,000 in appropriated funds 
     otherwise available to the National Aeronautics and Space 
     Administration shall be transferred to the State of 
     Mississippi to be used in the transition of the facility: 
     Provided further, That each Federal agency with prior contact 
     to the site shall remain responsible for any and all 
     environmental remediation made necessary as a result of its 
     activities on the site: Provided further, That in 
     consideration of this conveyance, the National Aeronautics 
     and Space Administration may require such other terms and 
     conditions as the Administrator deems appropriate to protect 
     the interests of the United States: Provided further, That 
     the conveyance of the site and the transfer of the funds to 
     the State of Mississippi shall occur not later than thirty 
     days from the date of enactment of this Act.
       Sec. 213. Notwithstanding any other provision of this title 
     of this Act except section 202, projects and activities under 
     the account heading ``Council on Environmental Quality and 
     Office of Environmental Quality'' shall be subject to the 
     provisions of section 112 of Public Law 104-56.
       Sec. 214. Notwithstanding any other provision of this title 
     of this Act, except section 202, whenever the rate for 
     operations for any continuing project or activity provided by 
     section 201 for which there is a budget request would result 
     in a furlough of Government employees, that rate for 
     operations may be increased to the minimum level that would 
     enable the furlough to be avoided. No new contracts or grants 
     shall be awarded in excess of an amount that bears the same 
     ratio to the rate for operations provided by this section as 
     the number of days covered by this resolution bears to 366: 
     Provided further, That the first sentence of section 214 
     shall not apply except to furloughs that exceed one workday 
     per pay period for the affected workforce during the period 
     of January 26, 1996 through March 15, 1996.

 TITLE III--FOREIGN OPERATIONS EXPORT FINANCING, AND RELATED PROGRAMS 
                             APPROPRIATIONS

       Sec. 301. Such amounts as may be necessary for programs, 
     projects, or activities provided for in the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 1996 (H.R. 1868), at a rate for 
     operations and to the extent and in the manner provided for 
     in the conference report and joint explanatory statement of 
     the Committee of Conference (House Report 104-295) as passed 
     by the House of Representatives on October 31, 1995, as if 
     enacted into law, notwithstanding any other provision of this 
     title of this Act: Provided, That Senate amendment numbered 
     115 shall be disposed of as follows, as if enacted into law:
       In lieu of the matter proposed by the Senate in amendment 
     numbered 115, insert the following:


                  authorization of population planning

       Sec. 518A. Notwithstanding section 526 of this Act, none of 
     the funds made available in this Act for population planning 
     activities or other population assistance pursuant to section 
     104(b) of the Foreign Assistance Act or any other provision 
     of law, or funds made available in title IV of this Act as a 
     contribution to the United Nations Population Fund (UNFPA) 
     may be obligated or expended prior to July 1, 1996, unless 
     such funding is expressly authorized by law: Provided, That 
     if such funds are not authorized by law prior to July 1, 
     1996, funds appropriated in title II of this Act for 
     population planning activities or other population assistance 
     may be made available for obligation and expenditure in an 
     amount not to exceed 65 percent of the total amount 
     appropriated or otherwise made available by P.L. 103-306 and 
     P.L. 104-19 for such activities for fiscal year 1995, and 
     funds appropriated in title IV of this Act as a contribution 
     to the United Nations Population Fund (UNFPA) may be made 
     available for obligation and expenditure in an amount not to 
     exceed 65 percent of the total amount appropriated or 
     otherwise made available by P.L. 103-306 and P.L. 104-19 for 
     a contribution to UNFPA for fiscal year 1995: Provided 
     further, That, pursuant to the previous proviso, such funds 
     may be apportioned only on a monthly basis, beginning July 1, 
     1996 and ending September 30, 1997, and such monthly 
     apportionments may not exceed 6.67 percent of the total 
     available for such activities: Provided further, That 
     notwithstanding any other provision of this Act, funds 
     appropriated by this Act for the United Nations Population 
     Fund (UNFPA) shall remain available for obligation until 
     September 30, 1997.
     
[[Page H887]]

       Sec. 302. Unless otherwise provided for in this title of 
     this Act or in the applicable appropriations Act, 
     appropriations and funds made available and authority granted 
     pursuant to this title of this Act shall be available until 
     (a) the enactment into law of an appropriation for any 
     project or activity provided for in this title of this Act, 
     or (b) the enactment into law of the applicable 
     appropriations Act by both Houses without any provision for 
     such project or activity, or (c) September 30, 1996, 
     whichever first occurs.
       Sec. 303. Appropriations made and authority granted 
     pursuant to this title of this Act shall cover all 
     obligations or expenditures incurred for any program, 
     project, or activity during the period for which funds or 
     authority for such project or activity are available under 
     this title of this Act.
       Sec. 304. Expenditures made pursuant to this title of this 
     act shall be charged to the applicable appropriation, fund, 
     or authorization whenever a bill in which such applicable 
     appropriation, fund, or authorization is contained is enacted 
     into law.

                TITLE IV--HOUSING AND URBAN DEVELOPMENT

       Sec. 401. During fiscal year 1996, the Secretary of 
     Housing, and Urban Development may manage and dispose of 
     multifamily properties owned by the Secretary, including the 
     provision for grants form the General Insurance Fund (12 
     U.S.C. 1735c) for the necessary costs of rehabilitation and 
     other related development costs and multifamily mortgages 
     held by the Secretary without regard to any other provision 
     of law.


 public and assisted housing rents, income adjustments, and preferences

       Sec. 402. (a) Minimum Rents.--Notwithstanding sections 3(a) 
     and 8(o)(2) of the United States Housing Act of 1937, as 
     amended, effective for fiscal year 1996 and no later than 
     October 30, 1995--
       (1) public housing agencies shall require each family who 
     is assisted under the certificate or moderate rehabilitation 
     program under section 8 of such Act to pay a minimum monthly 
     rent of not less than $25, and may require a minimum monthly 
     rent of up to $50;
       (2) public housing agencies shall reduce the monthly 
     assistance payment on behalf of each family who is assisted 
     under the voucher program under section 8 of such Act so that 
     the family pays a minimum monthly rent of not less than $25, 
     and may require a minimum monthly rent of up to $50;
       (3) with respect to housing assisted under other programs 
     for rental assistance under section 8 of such Act, the 
     Secretary shall require each family who is assisted under 
     such program to pay a minimum monthly rent of not less than 
     $25 for the unit, and may require a minimum monthly rent of 
     up to $50; and
       (4) public housing agencies shall require each family who 
     is assisted under the public housing program (including 
     public housing for Indian families) of such Act to pay a 
     minimum monthly rent of not less than $25, and may require a 
     minimum monthly rent of up to $50.
       (b) Establishment of Ceiling Rents.--
       (1) Section 3(a)(2) of the United States Housing Act of 
     1937 is amended to read as follows:
       ``(2) Notwithstanding paragraph (1), a public housing 
     agency may--
       ``(A) adopt ceiling rents that reflect the reasonable 
     market value of the housing, but that are not less than the 
     monthly costs--
       ``(i) to operate the housing of the agency; and
       ``(ii) to make a deposit to a replacement reserve (in the 
     sole discretion of the public housing agency); and
       ``(B) allow families to pay ceiling rents referred to in 
     subparagraph (A), unless, with respect to any family, the 
     ceiling rent established under this paragraph would exceed 
     the amount payable as rent by that family under paragraph 
     (1).''.
       (2) Regulations.--
       (A) In general.--The Secretary shall, by regulation, after 
     notice and an opportunity for public comment, establish such 
     requirements as may be necessary to carry out section 
     3(a)(2)(A) of the United States Housing Act of 1937, as 
     amended by paragraph (1).
       (B) Transition rule.--Prior to the issuance of final 
     regulations under paragraph (1), a public housing agency may 
     implement ceiling rents, which shall be not less than the 
     monthly costs to operate the housing of the agency and--
       (i) determined in accordance with section 3(a)(2)(A) of the 
     United States Housing Act of 1937, as that section existed on 
     the day before enactment of this Act;
       (ii) equal to the 95th percentile of the rent paid for a 
     unit of comparable size by tenants in the same public housing 
     project or a group of comparable projects totaling 50 units 
     or more; or
       (iii) equal to the fair market rent for the area in which 
     the unit is located.
       (c) Definition of Adjusted Income.--Section 3(b)(5) of the 
     United States Housing Act of 1937 is amended--
       (1) at the end of subparagraph (F), by striking ``and'';
       (2) at the end of subparagraph (G), by striking the period 
     and inserting ``; and''; and
       (3) by inserting after subparagraph (G) the following:
       ``(H) for public housing, any other adjustments to earned 
     income established by the public housing agency. If a public 
     housing agency adopts other adjustments to income pursuant to 
     subparagraph (H), the Secretary shall not take into account 
     any reduction of or increase in the public housing agency's 
     per unit dwelling rental income resulting from those 
     adjustments when calculating the contributions under section 
     9 for the public housing agency for the operation of the 
     public housing.''.
       (d) Repeal of Federal Preferences.--
       (1) Public housing.--Section 6(c)(4)(A) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437d(c)(4)(A)) is 
     amended to read as follows:
       ``(A) the establishment, after public notice and an 
     opportunity for public comment, of a written system of 
     preferences for admission to public housing, if any, that is 
     not inconsistent with the comprehensive housing affordability 
     strategy under title I of the Cranston-Gonzalez National 
     Affordable Housing Act;''.
       (2) Section 8 existing and moderate rehabilitation.--
     Section 8(d)(1)(A) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(d)(1)(A)) is amended to read as follows:
       ``(A) the selection of tenants shall be the function of the 
     owner, subject to the provisions of the annual contributions 
     contract between the Secretary and the agency, except that 
     for the certificate and moderate rehabilitation programs 
     only, for the purpose of selecting families to be assisted, 
     the public housing agency may establish, after public notice 
     and an opportunity for public comment, a written system of 
     preferences for selection that is not inconsistent with the 
     comprehensive housing affordability strategy under title I of 
     the Cranston-Gonzalez National Affordable Housing Act;''.
       (3) Section 8 voucher program.--Section 8(o)(3)(B) of the 
     United States Housing Act of 1937 (42 U.S.C. 1437f(o)(3)(B)) 
     is amended to read as follows:
       ``(B) For the purpose of selecting families to be assisted 
     under this subsection, the public housing agency may 
     establish, after public notice and an opportunity for public 
     comment, a written system of preferences for selection that 
     is not inconsistent with the comprehensive housing 
     affordability strategy under title I of the Cranston-Gonzalez 
     National Affordable Housing Act.''.
       (4) Section 8 new construction and substantial 
     rehabilitation.--
       (A) Repeal.--Section 454(c) of the Cranston-Gonzalez 
     National Affordable Housing Act (42 U.S.C. 1437f note) is 
     amended to read as follows:
       ``(c) [Reserved.]''.
       (B) Prohibition.--Notwithstanding any other provision of 
     law, no Federal tenant selection preferences under the United 
     States Housing Act of 1937 shall apply with respect to--
       (i) housing constructed or substantially rehabilitated 
     pursuant to assistance provided under section 8(b)(2) of the 
     United States Housing Act of 1937 (as such section existed on 
     the day before October 1, 1983); or
       (ii) projects financed under section 202 of the Housing Act 
     of 1959 (as such section existed on the day before the date 
     of enactment of the Cranston-Gonzalez National Affordable 
     Housing Act).
       (5) Rent supplements.--Section 101(k) of the Housing and 
     Urban Development Act of 1965 (12 U.S.C. 1701s(k)) is amended 
     to read as follows:
       ``(k) [Reserved.]''.
       (6) Conforming amendments.--
       (A) United states housing act of 1937.--The United States 
     Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended--
       (i) in section 6(o), by striking ``preference rules 
     specified in'' and inserting ``written system of preferences 
     for selection established pursuant to'';
       (ii) in the second sentence of section 7(a)(2), by striking 
     ``according to the preferences for occupancy under'' and 
     inserting ``in accordance with the written system of 
     preferences for selection established pursuant to'';
       (iii) in section 8(d)(2)(A), by striking the last sentence;
       (iv) in section 8(d)(2)(H), by striking ``Notwithstanding 
     subsection (d)(1)(A)(i), an'' and inserting ``An'';
       (v) in section 16(c), in the second sentence, by striking 
     ``the system of preferences established by the agency 
     pursuant to section 6(c)(4)(A)(ii)'' and inserting ``the 
     written system of preferences for selection established by 
     the public housing agency pursuant to section 6(c)(4)(A)''; 
     and
       (vi) in section 24(e)--
       (I) by striking ``(e) Exceptions'' and all that follows 
     through ``The Secretary may'' and inserting the following:
       ``(e) Exceptions to General Program Requirements.--The 
     Secretary may''; and
       (II) by striking paragraph (2).
       (B) Cranston-gonzalez national affordable housing act.--
     Section 522(f)(6)(B) of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 12704 et seq.) is amended 
     by striking ``any preferences for such assistance under 
     section 8(d)(1)(A)(i)'' and inserting ``the written system of 
     preferences for selection established pursuant to section 
     8(d)(1)(A).''
       (C) Housing and community development act of 1992.--Section 
     655 of the Housing and Community Development Act of 1992 (42 
     U.S.C. 13615) is amended by striking ``the preferences'' and 
     all that follows up to the period at the end and inserting 
     ``any preferences''.
       (D) References in other law.--Any reference in any Federal 
     law other than any provision of any law amended by paragraphs 
     (1) through (5) of this subsection to the preferences for 
     assistance under section 

[[Page H888]]
     6(c)(4)(A)(i), 8(d)(1)(A)(i), or 8(o)(3)(B) of the United States 
     Housing Act of 1937 (as such sections existed on the day 
     before the date of enactment of this Act) shall be considered 
     to refer to the written system of preferences for selection 
     established pursuant to section 6(c)(4)(A), 8(d)(1)(A), or 
     8(o)(3)(B), respectively, of the United States Housing Act 
     of 1937, as amended by this section.
       (e) Applicability.--In accordance with section 201(b)(2) of 
     the United States Housing Act of 1937, the amendments made by 
     subsection (a), (b), (c), (d), and (f) of this section shall 
     also apply to public housing developed or operated pursuant 
     to a contract between the Secretary of Housing and Urban 
     Development and an Indian housing authority.
       (4) This section shall be effective upon the enactment of 
     this Act and only for fiscal year 1996.


   section 8 fair market rentals, administrative fees, and delay in 
                               reissuance

       Sec. 403. (a) Fair Market Rentals.--The Secretary shall 
     establish fair market rentals for purposes of section 8(c)(1) 
     of the United States Housing Act of 1937, as amended, that 
     shall be effective for fiscal year 1996 and shall be based on 
     the 40th percentile rent of rental distributions of standard 
     quality rental housing units. In establishing such fair 
     market rentals, the Secretary shall consider only the rents 
     for dwelling units occupied by recent movers and may not 
     consider the rents for public housing dwelling units or newly 
     constructed rental dwelling units.
       (b) Administrative Fees.--Notwithstanding sections 8(q) (1) 
     and (4) of the United States Housing Act of 1937, for fiscal 
     year 1996, the fee for each month for which a dwelling unit 
     is covered by an assistance contract under the certificate, 
     voucher, or moderate rehabilitation program under section 8 
     of such Act shall be equal to the monthly fee payable for 
     fiscal year 1995: Provided, That this subsection shall be 
     applicable to all amounts made available for such fees during 
     fiscal year 1996, as if in effect on October 1, 1995.
       (c) Delay Reissuance of Vouchers and Certificates.--
     Notwithstanding any other provision of law, a public housing 
     agency administering certificate or voucher assistance 
     provided under subsection (b) or (o) of section 8 of the 
     United States Housing Act of 1937, as amended, shall delay 
     for 3 months, the use of any amounts of such assistance (or 
     the certificate or voucher representing assistance amounts) 
     made available by the termination during fiscal year 1996 of 
     such assistance on behalf of any family for any reason, but 
     not later than October 1, 1996; with the exception of any 
     certificates assigned or committed to project-based 
     assistance as permitted otherwise by the Act, accomplished 
     prior to the effective date of this Act.


            repeal of provisions regarding income disregards

       Sec. 404. (a) Maximum Annual Limitation on Rent Increases 
     Resulting from Employment.--Section 957 of the Cranston-
     Gonzalez National Affordable Housing Act is hereby repealed, 
     retroactive to November 28, 1990, and shall be of no effect.
       (b) Economic Independence.--Section 923 of the Housing and 
     Community Development Act of 1992 is hereby repealed, 
     retroactive to October 28, 1992, and shall be of no effect.


                      section 8 contract renewals

       Sec. 405. (a) For fiscal year 1996 and henceforth, the 
     Secretary of Housing and Urban Development may use amounts 
     available for the renewal of assistance under section 8 of 
     the United States Housing Act of 1937, upon termination or 
     expiration of a contract for assistance under section 8 of 
     such Act of 1937 (other than a contract for tenant-based 
     assistance and notwithstanding section 8(v) of such Act for 
     loan management assistance), to provide assistance under 
     section 8 of such Act, subject to the Section 8 Existing Fair 
     Market Rents, for the eligible families assisted under the 
     contracts at expiration or termination, which assistance 
     shall be in accordance with terms and conditions 
     prescribed by the Secretary.
       (b) Notwithstanding subsection (a) and except for projects 
     assisted under section 8(e)(2) of the United States Housing 
     Act of 1937 (as it existed immediately prior to October 1, 
     1991), at the request of the owner, the Secretary shall renew 
     for a period of one year contracts for assistance under 
     section 8 that expire or terminate during fiscal year 1996 at 
     the current rent levels.
       (c) Section 8(v) of the United States Housing Act of 1937 
     is amended to read as follows: ``The Secretary may extend 
     expiring contracts entered into under this section for 
     project-based loan management assistance to the extent 
     necessary to prevent displacement of low-income families 
     receiving such assistance as of September 30, 1996.''.
       (d) Section 236(f) of the National Housing Act (12 U.S.C. 
     1715z-1(f)) is amended:
       (1) by striking the second sentence in paragraph (1) and 
     inserting in lieu thereof the following: ``The rental charge 
     for each dwelling unit shall be at the basic rental charge or 
     such greater amount, not exceeding the lower of (i) the fair 
     market rental charge determined pursuant to this paragraph, 
     or (ii) the fair market rental established under section 8(c) 
     of the United States Housing Act of 1937 for the market area 
     in which the housing is located, as represents 30 per centum 
     of the tenant's adjusted income,''; and
       (2) by striking paragraph (6).''.


          extension of home equity conversion mortgage program

       Sec. 406. Section 255(g) of the National Housing Act (12 
     U.S.C. 1715z-20(g)) is amended--
       (1) in the first sentence, by striking ``September 30, 
     1995'' and inserting ``September 30, 1996''; and
       (2) in the second sentence, by striking ``25,000'' and 
     inserting ``30,000''.


              fha single-family assignment program reform

       Sec. 407. (a) Foreclosure Avoidance.--Except as provided in 
     subsection (e), the last sentence of section 204(a) of the 
     National Housing Act (12 U.S.C. 1710(a)) is amended by 
     inserting before the period the following: ``: And provided 
     further, That the Secretary may pay insurance benefits to the 
     mortgagee to recompense the mortgagee for its actions to 
     provide an alternative to the foreclosure of a mortgage that 
     is in default, which actions may include special foreclosure, 
     loan modification, and deeds in lieu of foreclosure, all upon 
     terms and conditions as the mortgagee shall determine in the 
     mortgagee's sole discretion, within guidelines provided by 
     the Secretary, but which may not include assignment of a 
     mortgage to the Secretary: And provided further, That for 
     purposes of the preceding proviso, no action authorized by 
     the Secretary and no action taken, nor any failure to act, by 
     the Secretary or the mortgagee shall be subject to judicial 
     review.''.
       (b) Authority To Assist Mortgagors in Default.--Except as 
     provided in subsection (e), section 230 of the National 
     Housing Act (12 U.S.C. 1715u) is amended to read as follows:


              ``authority to assist mortgagors in default

       ``Sec. 230. (a) Payment of Partial Claim.--The Secretary 
     may establish a program for payment of a partial claim to a 
     mortgagee that agrees to apply the claim amount to payment of 
     a mortgage on a 1- to 4-family residence that is in default. 
     Any such payment under such program to the mortgagee shall be 
     made in the sole discretion of the Secretary and on terms and 
     conditions acceptable to the Secretary, except that--
       ``(1) the amount of the payment shall be in an amount 
     determined by the Secretary, not to exceed an amount 
     equivalent to 12 of the monthly mortgage payments and any 
     costs related to the default that are approved by the 
     Secretary; and
       ``(2) the mortgagor shall agree to repay the amount of the 
     insurance claim to the Secretary upon terms and conditions 
     acceptable to the Secretary.

     The Secretary may pay the mortgagee, from the appropriate 
     insurance fund, in connection with any activities that the 
     mortgagee is required to undertake concerning repayment by 
     the mortgagor of the amount owed to the Secretary.
       ``(b) Assignment.--
       ``(1) Program authority.--The Secretary may establish a 
     program for assignment to the Secretary, upon request of the 
     mortgagee, of a mortgage on a 1- to 4-family residence 
     insured under this Act.
       ``(2) Program requirements.--The Secretary may accept 
     assignment of a mortgage under a program under this 
     subsection only if--
       ``(A) the mortgage was in default;
       ``(B) the mortgagee has modified the mortgage to cure the 
     default and provide for mortgage payments within the 
     reasonable ability of the mortgagor to pay, at interest rates 
     not exceeding current market interest rates; and
       ``(C) the Secretary arranges for servicing of the assigned 
     mortgage by a mortgagee (which may include the assigning 
     mortgagee) through procedures that the Secretary has 
     determined to be in the best interests of the appropriate 
     insurance fund.
       ``(3) Payment of insurance benefits.--Upon accepting 
     assignment of a mortgage under a program established under 
     this subsection, the Secretary may pay insurance benefits to 
     the mortgagee from the appropriate insurance fund, in an 
     amount that the Secretary determines to be appropriate, not 
     to exceed the amount necessary to compensate the mortgagee 
     for the assignment and any losses and expenses resulting from 
     the mortgage modification.
       ``(c) Prohibition of judicial review.--No decision by the 
     Secretary to exercise or forego exercising any authority 
     under this section shall be subject to judicial review.
       ``(d) Savings Provision.--Any mortgage for which the 
     mortgagor has applied to the Secretary, before the date of 
     enactment of the Departments of Veterans Affairs and Housing 
     and Urban Development, and Independent Agencies 
     Appropriations Act, 1996, for assignment pursuant to 
     subsection (b) of this section as in effect before such date 
     of enactment shall continue to be governed by the provisions 
     of this section, as in effect immediately before such date of 
     enactment.
       ``(e) Applicability of Other Laws.--No provision of this 
     Act, or any other law, shall be construed to require the 
     Secretary to provide an alternative to foreclosure for 
     mortgagees with mortgages on 1- to 4-family residences 
     insured by the Secretary under this Act, or to accept 
     assignments of such mortgages.''.
       (c) Applicability of Amendments.--Except as provided in 
     subsection (e), the amendments made by subsections (a) and 
     (b) shall apply only with respect to mortgages insured under 
     the National Housing Act that are originated before October 
     1, 1995.
       (d) Regulations.--Not later than 60 days after the date of 
     enactment of this Act, the 

[[Page H889]]
     Secretary of Housing and Urban Development shall issue interim 
     regulations to implement this section and the amendments made 
     by this section.
       (e) Effectiveness and Applicability.--If this Act is 
     enacted after the date of enactment of the Balanced Budget 
     Act of 1995--
       (1) subsections (a), (b), (c), and (d) of this section 
     shall not take effect; and
       (2) section 2052(c) of the Balanced Budget Act of 1995 is 
     amended by striking ``that are originated on or after October 
     1, 1995'' and inserting in lieu thereof ``that are originated 
     before, during, and after fiscal year 1996.''.
       This Act may be cited as ``The Balanced Budget Downpayment 
     Act, I''.
  The SPEAKER pro tempore. Pursuant to the order of the House of today, 
the gentleman from Louisiana [Mr. Livingston] will be recognized for 30 
minutes, and the gentleman from Wisconsin [Mr. Obey] will be recognized 
for 30 minutes.
  The Chair recognized the gentleman from Louisiana [Mr. Livingston].
  Mr. LIVINGSTON. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, once again I want to commend the gentleman from 
Wisconsin [Mr. Obey], my colleague and the distinguished ranking member 
on the committee, for working closely with me to make sure that we had 
a bill that would not only pass this House, but will pass the other 
body and go to the President and, in fact, will be signed into law so 
the Government can continue.
  Mr. Speaker, I am particularly pleased that although this was a hard-
fought negotiation, it is one that we can all go back to our respective 
constituencies and be proud of. And I hope, that it will also lead to a 
long-term solution, so that we do not have to close down the Government 
or send more agency employees out to the streets while we conduct our 
business.
  The fact is that seven appropriations bills have been signed into law 
for the current fiscal year, fiscal year 1996. In addition, the 
District of Columbia has authority to use local funds through September 
30, so all of the programs under those seven bills and the District of 
Columbia are virtually funded.
  We hope to come before the Congress within the next week and pass a 
District of Columbia bill. So the District of Columbia with provision 
for a portion of the Federal payment in this bill, but for the purposes 
of the remaining five appropriations bills, they are covered in one 
fashion or another by this Balanced Budget Donwpayment Act.
  Mr. Speaker, the activities in two appropriations acts are provided 
for through March 15. That is the operative date at the level of 
funding specified in the respective fiscal year 1996 conference 
agreements, but under the terms and conditions provided for, as I 
pointed out to the gentlewoman from Texas, in the applicable fiscal 
year 1995 Appropriations act. They are the Commerce, Justice, State, 
and Judiciary; and the VA-HUD bills.
  The Foreign Operations bill, which has passed this House on numerous 
occasions in one form or another, is likewise provided for in its 
entirety through September 30, not March 15, at the level specified in 
the conference agreement and under the terms and conditions of that 
agreement as if enacted into law.
  Funding for population planning activities, or funds made available 
to the U.N. Population Fund, are not made available for expenditure 
unless authorized prior to July 1, 1996. If an authorization is not 
enacted by that date, then no more than 65 percent of the current rate 
may then be obligated.
  In addition to those three bills, the activities in the following two 
appropriations bills, the Labor-HHS and Education bill and the Interior 
and related agencies bill, are provided for also through March 15, but 
at a level of funding that is the lower of either the House-passed, the 
Senate passed, or fiscal year 1995 current rate, but under the terms 
and conditions provided for in the applicable 1995 Appropriations Act.
  Programs that were terminated or would be severely impacted may be 
funded at a rate of operations not to exceed 75 percent of the current 
rate. That is a 75 percent cap.
  In addition, the following programs are funded at levels not to 
exceed 75 percent of the current rate of operations. They a re 
specifically picked out. Those are AmeriCorps, ATP, Cops on the Beat, 
Ounce of Prevention Council, Drug Courts, Community Development 
Financial Institutions, and the Office of Consumer Affairs.
  The bill would provide a restriction that would prohibit excessive 
travel by Cabinet-level Secretaries, except State, Defense, CIA, and 
the U.S. Ambassador to the United Nations, for obvious reasons 
involving national security. That level would be arrived at by 
computing 110 percent of the average of travel expenditures made by the 
Secretaries of those Departments between the years 1990 and 1995.

  Let me stress, even though only certain bills are covered in this 
Balanced Budget Downpayment Act, I, the fact is the travel of all of 
the Secretaries, all of the Cabinet Secretaries, other than State, 
Defense, CIA, and U.S. Ambassador to the United Nations, will actually 
be covered by this provision. So if their travel expenditures exceed 
110 percent of the mean of Secretarial travel between 1990 and 1995, 
they could well be in trouble and would be told by the U.S. Congress 
through this provision to stop traveling. I would like to restate that. 
They could be, and they will be.
  Section 128 of the bill prohibits the use of funds for embryo 
research, and the bill also increases the maximum Pell grant award to 
at least $2,440 per individual.
  I would like to pause on that. I know the gentleman from Pennsylvania 
[Mr. Goodling] is keenly concerned about this. I would like to tell the 
gentleman and any others that are concerned about it that we have 
reached an agreement that can be confirmed by the gentleman from 
Wisconsin [Mr. Obey], that the $2,440 per individual is a figure that 
is not intended by the administration to be exceeded unless there is 
agreement among all of the parties on both sides, Democrat and 
Republican, with the White House, and with the Department of Education.
  That was emphatically repeated to us, the gentleman from Wisconsin 
and to myself, within the last hour. And I know the gentleman from 
Pennsylvania is here, and I would like to yield to the gentleman from 
Wisconsin for his understanding on that conversation.
  Mr. OBEY. Mr. Speaker, I would like to say that the gentleman is 
correct. We had conversation with the President's chief of staff, Mr. 
Panetta, and he indicated although the administration certainly would 
like to go above the $2,440 level which is presently in the bill, and 
they want the flexibility for that to be considered, that they in fact 
have no intention of proceeding with any number that is higher than the 
one stipulated in this proposal, unless it is mutually agreed upon.
  Mr. GOODLING. Mr. Speaker, will the gentleman yield?
  Mr. LIVINGSTON. I yield to the gentleman from Pennsylvania.
  Mr. GOODLING. Mr. Speaker, I just want to make sure that if we do not 
have it in blood, we have to understand that any time we go up 100 
bucks in a Pell grant, and we have already raised it higher than it has 
ever been in the history of Pell grants, we are talking about $300 
million. If we go up $200, we are talking about $600 million-plus, and 
that has to come from every other education program, and we have 
already lost in many other education programs.
  Now, when the gentleman says ``the parties have to agree,'' does it 
come back through committee? What does that mean?
  Mr. LIVINGSTON. Mr. Speaker, reclaiming my time, I would say to the 
gentleman that in our conversations and Mr. Panetta, he swore to us 
that the administration would not raise the level per pupil under the 
Pell grants without the joint agreement of the gentleman from 
Pennsylvania, myself, the gentleman from Wisconsin, the gentleman's 
counterpart on his committee and counterparts in the Senate.
  That is basically the tenor of the conversation I got. And I might 
add that even the $2,440 per individual which we have provided in this 
bill and has been provided in the conference report is $100 per 
individual more than was provided in any previous year. So we have gone 
up. On Pell grants we will actually expend a tremendous amount more 
money in the aggregate sense than has ever been provided before in 
previous years. So nobody can say we are cutting Pell grants.

  Mr. OBEY. Mr. Speaker, if the gentleman would yield, I think that 
sooner or later in this place somebody has to 

[[Page H890]]
trust somebody, and while we certainly did not have a long conversion, 
because we did not have the time to give him, there was a time squeeze 
on people today, it was very clear and explicit that there would have 
to be widely reached understanding before any number other than $2,440 
would be pursued by the administration. Obviously, knowing Mr. 
Panetta's integrity, he certainly intends to live up to that agreement.
  Mr. GOODLING. Mr. Speaker, if the gentleman would continue to yield, 
I just want to make sure. I want to make very, very sure that we are 
thoroughly convinced that the administration understands that they will 
not publish anything above $2,440, unless they have the permission of 
those who are negotiating this issue.
  Mr. OBEY. That was absolutely my understanding.
  Mr. LIVINGSTON. Mr. Speaker, reclaiming my time, it is my 
understanding as well, I would tell the gentleman.
  Moving right along, Mr. Speaker, the bill directs the Architect of 
the Capitol to sell a House office building that has been declared 
excess and enacts into law $1.2 billion in legislative savings from the 
various housing programs under the VA-HUD appropriations bill, as 
shepherded by the distinguished and very capable gentleman from 
California [Mr. Lewis].
  It provides for the sale of 7 million barrels of oil from the 
strategic petroleum reserve, which results in increased Federal 
revenues of $100 million. There are additional program terminations; in 
addition to those eight programs that were terminated by an earlier 
continuing resolution, House Joint Resolution 122, there are 10 
programs which I will incorporate in the Record which are terminated by 
this act.
  Finally, as was pointed out in one of the reservations of objection 
to the previous unanimous consent request, the bill proposes to freeze 
new grant activities at a level not exceed 75 percent of the prior 
monthly rate for the duration of this continuing resolution for various 
activities which will be made part of the Record. I might add, those 
activities all come under the Labor and Health and Human Services 
appropriations bill and, therefore, are already capped at 75 percent 
funding at the very most, but this would mean on a monthly basis the 
grants would be frozen at 75 percent of that.
  I would point out that with respect to the Interior bill, all 
programs in the Interior bill will, in fact, be funded at the lowest of 
the low levels, with the exception of the Park Service, the U.S. Fish 
and Wildlife Service, the Bureau of Indian Affairs, the Forest Service, 
The Indian Health Services, and Indian Health Service Facilities, which 
will be funded at conference levels.

                              {time}  1800

  The recent C&O Canal flood damage will be repaired to the tune of $2 
million. Programs not at conference levels but at 75 percent include 
the Cops on the Beat, ATP, Drug Courts, GLOBE, Community Development 
Financial Institutions Fund, and Office of Consumer Affairs. The NLRB 
and the Council of Environmental Quality get special rates as well.
  There is changed furlough language. The previous continuing 
resolutions provided enough funding so that we did not have to furlough 
people. We did not lay people off. Obviously, in view of the passage of 
time, one-third of the fiscal year, that language is outdated.
  We are reducing many agencies and departments by 5 percent, at least 
5 percent of their funding. And unless we begin to start to lay off 
people or furlough them, if necessary, then any savings that we might 
have received by virtue of the cuts become moot because everybody is 
still on the job. So it is important that we, in a methodical and 
careful way, allow the administration to go forward and start to tell 
those people that they can no longer afford to be carried.
  I have to tell Members that the fact is, though, that we have been 
doing that in a workable fashion. The programs managed by the agencies 
and departments should not be penalized because we have not been doing 
it in the past and, therefore, they should not have to double up their 
efforts to furlough people or RIF people for the second quarter or 
second third of the year. Instead, we have a reasonable formula arrived 
at in consultation with the minority and with the administration which 
allows for a methodical approach in those RIF's or furloughs. So no 
agency, no department is unduly damaged by this provision.
  Mr. Speaker, as I indicated earlier, at this point, I would like to 
insert a summary of the bill.

             H.R. 2880--Balanced Budget Downpayment Act, I


                               background

       Seven Appropriations bills have been signed into law for 
     the full fiscal year; in addition the District of Columbia 
     has authority to use local funds through September 30th.
       Numerous ``targeted appropriations'' have been funded 
     through previous continuing resolutions.


                 levels of funding provided in this act

       The following two Appropriations Acts are provided for, 
     through March 15th, at a level of funding specified in the 
     respective FY 1996 Conference agreements but under the terms 
     and conditions provided for in the applicable FY 1995 
     Appropriations Act:


           commerce--justice--state & the judiciary--va--hud

       The Foreign Operations Appropriations Act is provided for, 
     through September 30th, at the level specified in the 
     Conference agreement and under the terms and conditions of 
     that agreement. Funding for population planning activities or 
     funds made available to the UN Population Fund are not 
     available for expenditure unless authorized prior to July 1, 
     1996. If an authorization is not enacted by that date, then 
     no more than 65 percent of the current rate may be obligated.
       The following two Appropriations Acts are provided for, 
     through March 15th, at a level of funding that is the LOWER 
     of either the House passed, Senate passed, or FY 1995 current 
     rate but under the terms and conditions provided for in the 
     applicable FY 1995 Appropriations Act. Programs that were 
     terminated, or would be ``severely impacted'' may be funded 
     at a rate of operations not to exceed 75 percent of the 
     current rate:


labor--hhs & education--interior & related agencies--activities funded 
                           at specific levels

       In addition, the following items are funded at levels not 
     to exceed 75 percent of the current rate of operations:
       Americorp, ATP, Cops on the Beat, Ounce of Prevention 
     Council, Drug Courts, Community Development, Financial 
     Institutions, and the Office of Consumer Affairs.


                     restriction on cabinet travel

       The bill provides a restriction that would prohibit 
     excessive travel by cabinet level Secretaries (except State, 
     Defense, CIA & the U.S. Ambassador to the UN) that exceeds 
     110% of the average of travel expenditures between 1990 and 
     1995.


                     limitation on embryo research

       Section 128 of the bill prohibits the use of funds for 
     embryo research.


                        miscellaneous provisions

       The bill increases the maximum Pell Grant award to $2,440 
     per individual.
       The bill directs the Architect of the Capitol to sell a 
     House Office building that has been declared excess.
       The bill enacts into law $1.2 billion in legislative 
     savings from various housing programs in the VA-HUD 
     appropriations bill.
       The bill provides for the sale of 7 million barrels of oil 
     from the Strategic Petroleum Reserve, which results in 
     increased federal revenues of $100 million.


                    additional program terminations

       In addition to the eight programs that were terminated by 
     an earlier continuing resolution (H.J. Res. 122), the 
     following 10 programs are terminated by this Act:
       Child Development Associate Scholarships in the Department 
     of Health and Human Services; Dependent Care Planning and 
     Development in the Department of Health and Human Services; 
     Law Related Education in the Department of Education; Dropout 
     Prevention Demonstrations in the Department of Education; Aid 
     for Institutional Development--Endowment Grants in the 
     Department of Education; Aid for Institutional Development--
     Evaluation in the Department of Education; Native Hawaiian 
     and Alaska Native Cultural Arts; Innovative Projects in 
     Community Service in the Department of Education; Cooperative 
     Education in the Department of Education; and Douglas Teacher 
     Scholarships in the Department of Education.


                          freeze grant funding

       The bill proposes to freeze new grant activities at a level 
     not to exceed 75% of the prior monthly rate for the duration 
     of this continuing resolution for the following activities:

                Department of Health and Human Services

       Health Resources and Services Administration: Health 
     Resources and Services: Trauma Care, Health Care Facilities.
       Assistant Secretary for Health: Office of the Assistant 
     Secretary for Health: National Vaccine Program, Health Care 
     Reform Data Analysis, National AIDS Program Office.
       Health Care Financing Administration: Program Management: 
     Essential Access Community Hospitals.
     
[[Page H891]]

       Administration for Children and Families: Children and 
     Families Services Program: Youth Gang Substance Abuse, 
     Advisory Board on Child Abuse and Neglect, Child Welfare 
     Research, Social Services Research, Homeless Service Grants, 
     Community Schools (crime trust fund).
       Administration on Aging: Aging Services Programs: Pension 
     Counseling, Federal Council on Aging, White House Conference 
     on Aging.

                        Department of Education

       Education for the Disadvantaged: State School Improvement.
       School Improvement Programs: Safe & Drug Free Schools & 
     Communities: National Program Women's Educational Equity.
       Bilingual and Immigrant Education: Bilingual Education 
     Support Services.
       Higher Education: Faculty Development Fellowships, School, 
     College and University Partnerships.

                            Related Agencies

       Corporation for National and Community Service: Domestic 
     Volunteer Service Programs, Operating Expenses: Senior 
     Demonstration Program, and the National Education Standards 
     and Improvement Council.

  Mr. Speaker, I reserve the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield myself 7 minutes.
  Mr. Speaker, I would simply like to urge support for this 
proposition.
  As I said earlier, this is a result of a great deal of bipartisan 
work with many people involved, and no one who I know agrees with every 
single recommendation in the bill. I do not. I know the gentleman from 
Louisiana does not.
  But I think by passing this bill we will all meet our higher 
obligation to keep the Government functioning again for at least the 
next 45 days, and in the case of at least one bill before us, the 
foreign operations bill, it will dispose of that bill for the entire 
year.
  I am happy to report to the House, despite deep divisions which 
normally accompany the issue, we have with the assistance of many 
people on both sides of the aisle reached agreement on the family 
planning/abortion cluster of issues, which so often accompany that 
bill. And we have managed to reach common ground even though we have 
many differing views about how those issues ought to be handled.
  I think we have found a solution which is acceptable to everyone. I 
would point out there are some concerns about programs such as LIHEAP, 
which will undoubtedly be raised by the gentleman from Vermont, but I 
simply want to say that I would urge support. We have had a lot of 
acrimony over the past several months in this House. This bill should 
not be an occasion for that acrimony today because it is a reasonable 
compromise.
  I do want to say, however, that I think there are several serious 
problems with it. I do have strong disagreement with the fact that this 
level will in fact mean that we are funding education at $3.1 billion 
less that we were funding it last year. If that were to remain the case 
for the entire year, it would mean that we would be eventually placing 
a great additional burden on local property taxpayers, and I do not 
believe that we ought to be doing that.
  I would point out that whether we are talking about school-to-work 
programs or title I or professional development programs or safe and 
drug-free schools or Gallaudent University or vocational education, I 
do not believe that we should be funding these programs at a level 
which is this low. I hope that we can get agreement down the line to 
change that.
  I do not want to shut down the Government over that. I do not want to 
shut the Government over that because I do not believe in holding my 
breath and turning blue every time I lose an argument. But I do think 
that this is an issue that the House needs to make a choice on. I 
should announce, therefore, that the distinguished minority whip, the 
gentleman from Michigan [Mr. Bonior], will be offering in his 
recommittal motion a proposition which would return these education 
programs to the 1995 fiscal year level, which means in essence that it 
would eliminate the $3.1 billion reduction which we have in these 
education programs.

  Mr. Speaker, I know the President is concerned about that reduced 
level of funding; certainly we are on this side of the aisle. I know a 
great many other Members, including Senator Kennedy, are concerned 
about it on the Senate side. I would urge support for that recommittal 
motion when it is offered by the distinguished minority whip. But no 
matter how that motion goes, I would then urge support for this bill in 
the interest of demonstrating to the American people that, if we 
disagree on some basics, we can also agree on some fundamentals. That 
is what we are supposed to be able to do in a legislative body.
  Mr. SANDERS. Mr. Speaker, will the gentleman yield?
  Mr. OBEY. I yield to the gentleman from Vermont.
  Mr. SANDERS. Mr. Speaker, I rise to engage in a colloquy with the 
chairman of the Committee on Appropriations.
  Mr. OBEY. Mr. Speaker, reclaiming my time, I would ask the gentleman 
if he could withhold. I thought the gentleman had a question of me. I 
will be happy to yield him time. I do not want to be stuck in a 
triangular colloquy. I agree with the gentleman's concern on the 
program, the concerns which he has raised.
  Mr. KILDEE. Mr. Speaker, will the gentleman yield?
  Mr. OBEY. I yield to the gentleman from Michigan.
  Mr. KILDEE. Mr. Speaker, it is my understanding that the Department 
of Education will be funded at the House-passed level, except for those 
programs that were not funded by the House, in which case they will be 
funded at 75 percent. According to my calculations then, that means 
that, if we were to extend this CR for the rest of the year at that 
rate of funding, that would be a $3.1 billion cut from 1995.
  The gentleman from Pennsylvania, [Mr. Goodling] knows that we forward 
fund education, so these dollars are for the school year 1996-97, the 
school year starting in September. By next month, school districts will 
be starting to write their budgets for that school year. How in the 
world will they know how much money they will have when they are 
threatened with a possible $3.1 billion cut? Will this require in some 
States like Michigan, where they have to pink slip teachers at a 
certain time if they feel there will not be enough money, will this 
require certain States to pink slip teachers?
  Mr. OBEY. Mr. Speaker, I cannot answer what it will require in 
specific States. Let me simply say that I agree with the concerns the 
gentleman expresses. I do not believe that these are the appropriate 
levels at which education ought to be funded. I think it will cause a 
great deal of turmoil at the local level.
  Keep in mind that, while the Federal Government only provides a small 
share of the overall education budget, it provides a very high 
percentage, well over 50 percent, in virtually all districts, of the 
cost of meeting the education needs of children who are served by title 
I. I think that is going to be a big hole in those local school 
budgets, and that is something that the Congress ought to do something 
about. I know the President very badly wants to see that changed.
  Mr. KILDEE. Mr. Speaker, it is important then that we support the 
Bonior amendment to recommit to restore those funds, at least to the 
1995 level for education.
  Mr. OBEY. Mr. Speaker, I certainly agree.
  Mr. KILDEE. I thank the gentleman.
  Mr. OBEY. Mr. Speaker, I yield 2 minutes to the gentleman from 
Vermont [Mr. Sanders].
  Mr. SANDERS. Mr. Speaker, I rise to engage in a colloquy with the 
gentleman from Louisiana [Mr. Livingston], the chairman of the 
Committee on Appropriations.
  As the chairman knows, I am particularly concerned with the Low-
Income Home Energy Assistance Program. It has been very cold in my part 
of the country, and during earlier CR's there have been disruptions in 
funding for this vital program.
  The administration has released $810 million to the States, but I am 
concerned that the flow of funds to the States could again be 
disrupted. Generally I would like to know whether this CR will affect 
the full commitment of funds to the--funds of LIHEAP--to the States. 
Specifically, is it the chairman's understanding that under the current 
bill before the House, funds for LIHEAP will be allocated to the States 
and be available for distribution to the States in the normal fashion?
  Mr. LIVINGSTON. Mr. Speaker, will the gentleman yield?
  Mr. SANDERS. I yield to the gentleman from Louisiana.
  
[[Page H892]]

  Mr. LIVINGSTON. Mr. Speaker, on behalf of the distinguished chairman 
of the Subcommittee on Labor, Health and Human Services, and Education, 
the gentleman from Illinois [Mr. Porter], I would say that it is my 
understanding and his that the gentleman is correct.
  Mr. SANDERS. Mr. Speaker, I thank the gentleman very much.
  Mr. LIVINGSTON. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from California [Mr. Lewis], chairman of the Subcommittee on 
VA, HUD and Independent Agencies.
  Mr. LEWIS of California. Mr. Speaker, I thank my colleague for 
yielding time to me. I certainly will not take the 2 minutes.
  I did, as the chairman may have noted, stand, thinking about being 
recognized during the objection opportunity that we had earlier. It 
certainly was not my intention to object.
  The reason for my considering doing that was because, as the chairman 
has indicated, a significant portion of my own VA-HUD bill is within 
this short-term appropriations. The process that we went through in our 
subcommittee to begin the pattern of reducing spending was a very, very 
difficult process, of which I am very proud. I am particularly proud of 
the Members who themselves had to make many a sacrifice by way of 
cutting back that spending.
  It is important to note that we were among those who actually went 
about terminating some programs, the most difficult of processes. The 
concern that I want to express here as I praise both my colleague and 
my ranking member for the difficult process they have been through is 
the fact that this bill does for a short-term period reverse some of 
those very difficult decisions, a process that is not very helpful to 
the committee's work. I want, beyond praising the committee, to have 
others around here at a higher level than those of us in the committee 
to know that we intend to look very carefully when we come toward March 
15 regarding any similar pattern.
  Mr. Speaker, this bill provides funding for the departments and 
agencies under the jurisdiction of the VA, HUD, and Independent 
Agencies Subcommittee until March 15 or the enactment of the regular 
appropriations act.
  The funding amount for each appropriation account will be the level 
agreed to in the conference on H.R. 2099. Exceptions are being made for 
the Corporation for National and Community Service and the community 
development financial institutions fund which are being continued at 75 
percent of the 1995 appropriation levels.
  The departments and agencies are expected to administer the programs 
and activities consistent with the directions contained in the 1996 
statement of the managers and other relevant legislative history.
  The approved major construction projects for the Department of 
Veterans Affairs are those referenced in the conference report.
  Further, it is intended that under section 107 of the VA's 
administrative provisions that the general operating expenses 
appropriation be reimbursed from the insurance funds for the entire 
fiscal year's administrative costs.
  Mr. OBEY. Mr. Speaker, I yield 3 minutes to the distinguished 
gentleman from Ohio [Mr. Traficant].
  Mr. TRAFICANT. Mr. Speaker, I have a concern here.
  The new majority wanted to dispose of property and real estate at 501 
First Street. It came through the Committee on Transportation and 
Infrastructure, and it was handled in the Subcommittee on Public 
Buildings and Economic Development.
  I notice now that this property, the conveyance and sale of it, is in 
this continuing resolution. I am certainly not going to try and 
obstruct this particular measure but I would like to say this. This 
sets a precedent, and the subcommittee had, in fact, placed into that 
particular language that there would be a net gain from the sale of 
this and it would not cost the people of the United States money to 
convey property for the sake of getting rid of it.
  Second of all, the welfare of those children in that day care center 
would, in fact, be addressed and handled properly in an orderly 
fashion. I would like to state that the welfare of those children has 
not been addressed in the sense of the Congress situation in here and 
the language relating to the fact that there shall be a net gain from 
the sale of this has also been removed.
  I want to state that this is not the way to set a precedent for the 
types of action that has been taken by the new majority. I supported 
the sale of this transaction, but I believe that the language that has 
been removed is not in the good interest of precedent-setting policy in 
the handling of real estate by our committee.
  Mr. Speaker, I yield to the distinguished gentleman from California 
[Mr. Packard].

                              {time}  1815

  Mr. PACKARD. Mr. Speaker, the language, we worked hard to get the 
appropriate language in this bill. The language simply authorizes the 
Architect of the Capitol to consummate the sale under the direction of 
the House Office Building Commission, but it does not create the sale. 
We do not consummate the sale in the language of this bill. It leaves 
that judgment yet to the leadership of the House. Frankly, we think it 
is good language that still leaves the option open whether it is right 
to sell property or not. We are not selling property in the language in 
this bill.

                              {time}  1815

  Mr. GILCHREST. Mr. Speaker, will the gentleman yield?
  Mr. TRAFICANT. I yield to the gentleman from Maryland.
  Mr. GILCHREST. I thank the gentleman for yielding to me.
  Mr. Speaker, I know there is some concern. The gentleman from Ohio 
[Mr. Traficant] and I sat through the hearings. We sat through both 
markups.
  I know there are some reservations about the cost of marketing. That 
is still limited at $75,000. There is some concern about the 
profitability of this sale. With new estimates, I give the gentleman 
assurances that when this building is sold there is going to be a 
profit to the Federal Government, there is going to be a $300,000 
savings on annual maintenance to the Government, and you can be firmly 
assured that the day care center will be retained.
  Mr. TRAFICANT. Reclaiming my time, Mr. Speaker, I am glad to accept 
that and hear that from the subcommittee Chair, but I think for the 
sake of precedents, we should have had that type of defining language 
clearly delineated.
  I will not oppose it, and I will support the measure without any 
further obstruction here, but I think that was a very important 
precedent-setting transaction.
  I commend the majority for looking toward those savings, but we could 
have done that, I think, with better language from the authorizing end 
that would have been included in the appropriators' language.
  Mr. LIVINGSTON. Mr. Speaker, in view of the fact that we have 
contained the entire foreign operations bill in the appropriations 
cycle for 1996 in this bill, I yield such time as he may consume to the 
gentleman from Alabama [Mr. Callahan], the distinguished chairman of 
that subcommittee.
  (Mr. CALLAHAN asked and was given permission to revise and extend his 
remarks.)
  Mr. CALLAHAN. Mr. Speaker, I thank the chairman and the gentleman 
from Wisconsin [Mr. Obey], as well as the staff, for reaching this 
agreement and including our bill in the resolution. I urge my 
colleagues to vote for this resolution.
  Mr. Speaker, I would like to thank my chairman for yielding me time 
to address the foreign operations portion of the bill before us. As my 
colleagues know, the fiscal year 1996 foreign operations appropriations 
conference report was approved by the House of Representatives nearly 3 
months ago by a bipartisan vote of 351 to 71. Working together with all 
of my colleagues on the Subcommittee on Foreign Operations, and I might 
add, with a great deal of help from the gentleman from Wisconsin, we 
were able to fashion a bipartisan bill. It is significantly below the 
administration's request levels, yet I believe we were very fair in 
determining how those cuts were apportioned. It wasn't easy but we did 
it.
  I would like to emphasize three things for my colleagues. First, The 
conference report cited in this bill is the identical language passed 
by the House last October. There have been no changes in the agreed 
upon conference report language. Second, let me just remind my 
colleagues of some key facts. At $12.1 billion, it is nearly 19 percent 
below 

[[Page H893]]
the President's requested level and 11 percent below the fiscal year 
1995 levels. At the same time, the bill provides $500 million for child 
survival and disease prevention programs, with child survival 
activities funded at $25 million over the fiscal year 1995 level. We 
also provide the traditional amounts for Israel and Egypt. Prime 
Minister Rabin's tragic death reinforces the need for a peaceful 
settlement in the Middle East. In this respect, the subcommittee's 
bipartisan support for Middle East Peace Process is reflected in the 
conference report agreement.
  But we did have one issue which was not so easy to resolve. It was 
the question of abortion funding and the Mexico City policy. This issue 
is of critical importance to me, therefore I was very disappointed that 
the Senate did not accept the House-passed language on this issue the 
very first time we sent it to them. But that is the nature of the 
Congress.
  After months of hard work an agreement has been reached on a formula 
which strongly supports the House position and the authorizing 
committee's responsibility for this issue. The language in the bill 
before you is a critical two-part formula--it delays obligation of 
international population planning funds until July 1, 1996, unless an 
authorization is enacted prior to then. After July, if an authorization 
is not enacted, 1996 population funds will be limited to 65 percent of 
the 1995 level and available for obligation on a monthly basis over 2 
years at a rate no greater than 6.67 percent of the total amount 
available under this limitation. The intent of this provision is to 
give the authorizers and the administration an incentive to come to 
agreement promptly on the issue of Mexico City and abortion.
  To help understand this concept, let's assume that for every dollar 
for population planning activities in 1995, 75 cents would be available 
in 1996 under the terms of the continuing resolution that we have been 
operating under. Under the 1996 conference agreement, family planning 
activities would get approximately 81 cents on the dollar, compared to 
1995, if an authorization is enacted into law. This would be the same 
level as other development assistance activities, assuming all programs 
are treated equally, except for child survival programs which will 
increase over the 1995 level. However, if an authorization is not 
enacted into law, the proposal would generate 65 cents to the dollar 
over the 15 months that the funds would be available for obligation.
  These funds would become available at the rate of a little over 4 
cents per month over these 15 months. That way the administration will 
not obligate and expend all the funds at once, which would remove any 
incentive for opponents of the Mexico City policy to negotiate in good 
faith on the authorization bill. At the same time, funds will continue 
to flow even in the absence of an agreement on Mexico City.
  I think this 65-cents-to-the-dollar solution is the best outcome 
either side could hope for; it provides an ``in-cent-tive'' for both 
sides, and makes good ``cents.''
  Mr. LIVINGSTON. Mr. Speaker, to answer those who have concerns that 
agriculture is not addressed in this bill, I yield 2 minutes to the 
distinguished gentleman from Iowa [Mr. Nussle].
  Mr. NUSSLE. Mr. Speaker, I appreciate the gentleman yielding time to 
me. I know it is typical that you yield to members of the Committee on 
Appropriations, so I appreciate the opportunity to speak to this.
  When the gentleman talks about wanting to run over here and objecting 
to this bill, I came over here on pretty quick notice when I heard this 
was coming up. I heard that negotiations had broken down in trying to 
get agriculture authorization onto this bill.
  It is very disturbing to me that, first of all, we had to go through 
this because the President vetoed the bill. We are now operating under 
the 1949 act because the President vetoed the bill. We hear that, over 
in the other body today, the majority leader, the gentleman from Kansas 
[Mr. Dole], wanted to bring up authorization language for agriculture, 
farmers that are talking to their bankers as we speak, making planting 
decisions, talking to their suppliers, and that there is one Member of 
the other body sitting over there dragging his feet, objecting to this 
coming up, objecting to the negotiations so we could put this on this 
bill and calm the fears of many farmers out there that are trying to 
dig up someplace in their attic or basement a copy of the 1949 act.
  Mr. Speaker, it would be one thing to shut down the Government, I 
suppose, on some farmer's whim because they are having a difficult time 
understanding the 1949 act, if it was not for the fact that we know 
that the leadership in the House, in a bipartisan fashion, are working 
to figure out a way to deal with this problem possibly as soon as next 
week.
  But we have got to, I would say to my colleagues, stress to the 
minority leader in the Senate, Mr. Daschle, who continues to object to 
this change, continues to object to allowing farmers the kind of 
confidence that they need when they talk to their lenders, when they 
talk to their suppliers that they know what they are going to have to 
deal with next year.
  I am not going to object to this. I am going to support it. I urge 
Members from the farm country to do so. But we have to put pressure on 
those folks in the other body.
  Mr. OBEY. Mr. Speaker, I yield 6 minutes to the gentleman from Texas 
[Mr. Coleman].
  (Mr. COLEMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. COLEMAN. Mr. Speaker, let me say to the gentleman who was just in 
the well, a part of the problem is not that it is one Member in the 
other body. The fact of the matter is it is February, just about, is it 
not, of 1996. I thought we were supposed to be working on a farm bill 
in 1995. We were supposed to pass one in 1995. We were supposed to have 
all of these appropriations bills done in 1995. We have been doing that 
for years, whether we agreed with the administration or disagreed with 
the administration. Do you know what we do? We sit down and try to work 
those matters out.
  I want to get to the point I wanted to make and the reason I got up 
here. You preceded me, and I wanted to address that issue. I want to 
ask the chairman of my committee, I have served on the Committee on 
Appropriations now for a dozen years, I will tell Members, I have never 
seen a procedure or process like this, and I want to ask, who in the 
world was representing Illinois, New York, New Jersey, California, 
Texas, Florida, places that have a great need for bilingual education, 
in this closed meeting that I was not invited to? Who was representing 
them?
  You all cut some bilingual education programs. I just want to say 
right now, here in public, that as the rhetoric becomes more harsh 
about immigrants in America, it is strange to me that these are the 
very programs we are going to be cutting are the ones that integrate 
immigrants into our society.
  Districts like I am honored to represent need these kinds of 
programs. I understand that there are huge cuts in this continuing 
resolution.
  Mr. LIVINGSTON. Mr. Speaker, will the gentleman yield?
  Mr. COLEMAN. I yield to the gentleman from Louisiana.
  Mr. LIVINGSTON. Do I understand, Mr. Speaker, from the gentleman's 
question, that he is concerned about the funding of education in 
America, is that correct, by the U.S. Congress?
  Mr. COLEMAN. Let me tell you what I understood happened: that you 
froze the new grant activities for support services for bilingual 
education.
  Mr. LIVINGSTON. If the gentleman will yield further, I know the 
gentleman has paid attention. He knows that the Labor-Health-Education 
bill has passed the House of Representatives as long ago as July 1995, 
I would remind the gentleman.
  Mr. COLEMAN. Mr. Speaker, reclaiming my time, then why in the world, 
I understand when you pass authorization bills, but I understand, 
though, that you have frozen some of the programs or made cuts in some 
of the programs for bilingual education? True or false?
  Mr. LIVINGSTON. Does the gentleman want an answer to his questions?
  Mr. COLEMAN. I would like to have an answer to my questions.
  Mr. LIVINGSTON. If the gentleman would yield to me to answer the 
question.
  Mr. COLEMAN. I will yield to the chairman so I can get a yes or no 
answer.
  Mr. LIVINGSTON. Mr. Speaker, my answer to the gentleman is that when 
the Democrats in the Senate will vote this bill through the Senate and 
we can go to conference and send the bill to the President, then we can 
get all the funding that the conference will allow.
  Mr. OBEY. Mr. Speaker, will the gentleman yield?
  Mr. COLEMAN. I yield to the gentleman from Wisconsin.
  Mr. OBEY. Mr. Speaker, I want to repeat, I think we need to pass this 
bill 

[[Page H894]]
today. I hope we can keep things as calm as possible, but I do take 
issue with the description of what has happened to the Labor-Health-
Education bill in the Senate that has just been given by my good 
friend, the gentleman from Louisiana.
  The situation on the Education appropriation bill is simply this: The 
bill which was produced, or I mean the 602 allocation, which defines 
what the spending levels are, that allocation process which defines the 
ceilings for all 13 appropriation bills, was set so low in that process 
that the bill that the Senate produced in the committee cannot be 
brought up on the floor except by unanimous consent, under Senate 
rules. That is the problem.
  The problem is that unanimous consent has been objected to by Members 
of both parties. That bill has not, as has often been suggested, been 
subjected to a filibuster. I do not support filibusters on anything 
except constitutional issues.
  But it seems to me important to understand, Mr. Speaker, that what 
has been holding up the Education appropriation bill in the Senate is 
the fact that the bill itself exceeds the spending level allocated to 
it by the Republican leadership in the Senate and, therefore, they 
cannot get the bill up except by unanimous consent, and there have been 
objections to that on both sides of the political aisle.
  Without getting into a political heat wave here today, I do want to 
make clear that the record shows accurately what has happened in the 
Senate, and that is why we will be supporting the Bonior motion to 
recommit, which tries to do what we can on this side to correct that 
problem.
  Mr. COLEMAN. Mr. Speaker, reclaiming my time, that is the reason that 
we ought to be for the Bonior motion to instruct, with language of that 
kind, so we can address an issue that is of great importance to many 
Members on both sides of the aisle on issues that are now going to be 
either defunded or cut so dramatically that we cannot carry out those 
programs appropriately.
  Mr. GENE GREEN of Texas. Mr. Speaker, will the gentleman yield?
  Mr. COLEMAN. I yield to the gentleman from Texas.
  Mr. GENE GREEN of Texas. Mr. Speaker, my colleague, the gentleman 
from Texas, pointed to the cuts in bilingual education. But let me go 
down the list of the cuts.
  I agree with our ranking member, we have to pass this, but some of 
the cuts, 25 percent for Education 2000: Title I gets 17 percent, safe 
and drug-free schools, a 25-percent cut. That is what we are talking 
about.
  We are up against the wall because these programs cannot function, 
and yet they are taking a 25-percent cut because the majority is 
cutting education funding that 80 percent of the people in our country 
support.
  Mr. COLEMAN. In closing, Mr. Speaker, let me only say to the chairman 
that he knows and I know that part of the problem has been with the 
process.
  The gentleman from Iowa, if he is still on the floor, I will be happy 
to yield to him, I understand that he is concerned that we were here at 
the end of the year, in fact several months, nearly half a year into 
the new fiscal year. The problem is you have to get these things 
resolved a lot earlier than this.
  Mr. NUSSLE. Mr. Speaker, will the gentleman yield?
  Mr. COLEMAN. I yield to the gentleman from Iowa.
  Mr. NUSSLE. Mr. Speaker, regardless of the state of the history, 
which, of course, is a Presidential veto, the fact of the matter is we 
are here today. There appears to be bipartisan support to attach 
language to make sure we have authorization for agriculture. There is 
one person over in the Senate who is blocking this.
  Mr. COLEMAN. Reclaiming my time, that is the problem that you 
continue to have with the process. You do not wait until it is the 
following year after you are supposed to have passed the normal 
appropriations.
  Mr. NUSSLE. We have a President that vetoes everything.
  Mr. OBEY. Mr. Speaker, I yield 3 minutes to the gentleman from 
Missouri [Mr. Volkmer].
  (Mr. VOLKMER asked and was given permission to revise and extend his 
remarks.)
  Mr. VOLKMER. Mr. Speaker, I just want to tell the gentleman from 
Iowa, if he is still present, that I would have objected if the 
provision he wants had been in this bill.
  I, for one, do not agree with the welfare bill that was tried to be 
passed, that could not come out of the Committee on Agriculture. They 
stuck it on the reconciliation package, which the President rightfully 
vetoed. It is nothing but a welfare bill for big farmers. Farmers get 
$120,000 a year and do not even have to farm under that bill.
  Mr. Speaker, I did not want to talk about it, but the gentleman 
brought it up. What I really wanted to talk about is I want the people 
to know that this bill really is one that I am going to vote for 
because I see the need for it, but I am going to hold my nose real good 
when I vote for it, because it smells, it stinks for what it does to 
education. It is terrible for education.
  I want to tell everybody that if you think this is bad for education, 
which my educators say is bad for education, then if the President had 
signed their reconciliation package, which they called the Balanced 
Budget Act of 1995, they would have seen the same cuts in Medicare, 
Medicaid, and everything down the line, just like they are cutting 
education in this. This is a terrible bill, but it is the only thing we 
have. That is the only reason I am going to be voting for it. It smells 
to high heaven. It cuts education.
  It means a lot of my students that are in higher education next year 
are going to have a tough time returning. It means that a lot of kids 
going out of high school this year are going to have a terrible time 
being able to get that education next year. It means that many of my 
elementary and secondary institutions, schools in my district, are not 
going to be able to have the funds that they need that they have had in 
the past for necessary programs under title I. I think this should be 
corrected. That is why I am going to strongly support the motion to 
recommit.
  I ask anybody that is really interested in education to support that 
motion. I will return now to agriculture and tell again the gentleman 
from Iowa, yes, I have been told, I will tell you how it goes up here, 
folks.

                              {time}  1830

  That bill was not reported out of the Committee on Agriculture 
because it was a smelly bill, a terrible bill, so they stuck it in the 
reconciliation.
  Now they tell me, I just got word today, that next week on Tuesday we 
are supposed to bring it up in committee and mark it up, a different 
bill. I just got a copy of it today, but now my staff tells me this 
evening that this is not the bill we are going to mark up, we are going 
to have a different one, we are going to have the chairman's mark when 
we do it, and I will not see that until Tuesday.
  That is the way they work down here. You do not even have an 
opportunity to read a bill much before you vote on it or act on it. It 
is terrible.
  Mr. OBEY. Mr. Speaker, I yield 3 minutes to the gentleman from 
California [Mr. Fazio].
  Mr. FAZIO of California. Mr. Speaker, I certainly rise in support of 
the motion to recommit to hold funding of education as the highest 
possible priority. The American people need assistance in keeping their 
schools functioning and operating at the best possible level that we 
could help them attain.
  But I want to follow my colleague from Missouri on the issue of 
agriculture. I heard the gentleman from Iowa commenting earlier about 
how the Senate minority leader was somehow preventing us from having a 
farm bill. If there is an example of inability to manage an issue, it 
has to be on how the new Republican majority in this Congress has 
mismanaged agriculture.
  We are confronted at the moment with a situation where the gentleman 
from Kansas, Mr. Roberts, the chairman of the committee, and Senator 
Dole, his close personal friend from Kansas, cannot even agree on a 
proper approach to deal with the agricultural crisis that is about to 
occur across this land as people have to make decisions about cropping.
  Now, this is ludicrous. We have not been able to get a Republican 
majority on the farm authorizing committee of the Committee on 
Agriculture to put together a bill that can attain a majority of their 
own members.
  There is no question we are cutting funding for agriculture 
subsidies. We 

[[Page H895]]
have cut 50 percent in the last decade. The question is, are we going 
to have a soft landing or are we going to have a crash?
  Now, the Freedom to Farm bill was unanimously trashed by almost every 
commodity group in this country. It may have had some supporters among 
Kansas wheatgrowers, but it did not really go much further than that. 
And here we have, at the last minute, an attempt to somehow imply that 
a Democrat in the Senate, in the minority, is holding up having a farm 
bill. This is an absolute travesty.
  What we face is catastrophe in commodity after commodity, going back 
to laws that have been on the books for years, but which we have 
amended essentially in every farm authorization we have enacted. We are 
going to give, I think probably our only hope, the Secretary of 
Agriculture the opportunity to run these programs because Congress 
cannot speak on one of the most fundamental industries that faces 
disaster here in this country.
  Now, what we ought to do is what we have always done, and that is put 
a farm bill together on a bipartisan basis that can come to the floor, 
have broad support not only in rural communities, but in urban America 
where we do for nutrition and for food stamps the right thing, and pass 
that bill, send it to the President, let it be signed. We will take our 
budget savings, but we will not create catastrophe in agricultural 
communities across this country.
  The Republicans have failed to manage one of the most important 
authorizations that comes before this Congress probably every 5 years. 
They have been unable to put their own majority together, and now they 
want to throw the blame at somebody else. It is a shameful act.
  Mr. OBEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Florida [Mrs. Meek].
  Mrs. MEEK of Florida. Mr. Speaker, I am just appalled to see what is 
going on here with the CR, particularly with education, and I do hope 
that the chairman of the Committee on Appropriations and the majority 
party will consider the fact that if we do not do something to change 
the education system in this country, we will be doing more to promote 
the problems that we already have.
  Why should we retreat on education? We have never been fully funded 
on the State level or in this country for education. Therefore, I think 
it is criminal to cut these programs such as you have, particularly in 
areas where there are inner-city children, poor children, disadvantaged 
children. I would appeal to your sensitivity to human nature.
  You have cut title I programs when young students were getting a 
start in life. You cut Safe and Drug-Free Schools in some of these 
districts where the drug problem is really, really accelerating instead 
of decelerating. So you must know them, if you are ever going to have 
good programs, they must start in schools, they must start with 
education.
  To think that you are going to cut bilingual and immigrant programs 
when this country has added an influx, particularly in areas such as 
mine in Florida, the influx of immigrants, they must be educated, and 
that, I think, you should consider immediately.
  The vocational education has been cut. We have so many people who are 
jobless in this country. They may not be in your district, but they are 
in a lot of Members' Districts, particularly those of us who are from 
urban areas. We need consideration of that.
  I see what you are doing where there has been some progress in this 
country in education programs, and you have cut those programs, and you 
have labeled them for termination.
  Mr. Chairman of the Committee on Appropriations, Mr. Chairman of the 
Committee on Appropriations, you are not listening, but I am saying to 
you, now is the time to listen up. It may be too late.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the gentlewoman from Texas 
[Ms. Jackson-Lee].
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the gentleman from 
Wisconsin for yielding me this time, and I rise only to make two very 
brief points that I think are very important.
  First of all, I did offer a reservation because I was concerned 
specifically about impacts in the Texas area that were unclear in this 
very lengthy document that we had seen. But I am rising to support the 
motion to recommit, even though the first vote of concern is to ensure 
that this Government never shuts down. It is important that as we stand 
here, we are also recognizing that we must negotiate. The reason is 
because, as we look at what is coming out of this CR, we see that there 
is targeted pain.
  Very often I have had the opportunity to talk to experts in education 
in my district, Alma Allen, for example, and I realize the impact of 
Federal education dollars. What we are doing here is that we are 
shutting down education for our States, for many of the dollars that 
are being cut are impacting programs that are impacted or paid for only 
by Federal dollars; and that includes our special education, our safe 
and drug-free schools.
  It is important than that we vote for the motion to recommit and that 
we establish that we are going to negotiate and not have this as the 
final budget for the upcoming year.
  Mr. OBEY. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, first of all, I had not expected that there would be a 
debate on farm policy on this bill today. Let me simply say, as an 
upper Midwesterner, I think both parties have done a rotten job of 
dealing with the problems of farmers, certainly dairy farmers in the 
upper Midwest. I think the existing dairy law has been a joke. I have 
not voted for farm bills in almost 10 years because they are wildly 
discriminatory against the region that I represent.
  I hope that the new dairy agreement, which has been announced by the 
Subcommittee on Agriculture, will improve the situation. I remain ready 
to be convinced and persuaded. I am convinced that the only way we can 
get a decent dairy program in this country is if we have a radical 
reform of the milk marketing order system which plagues this country 
and should have been abolished a long time ago.
  Having said that, I want to make clear that that issue is not 
involved in this bill. The failure of the Congress to correct that 
problem is a failure of the Committee on Agriculture; it is not a 
failure of the gentleman from Louisiana or anyone else on the Committee 
on Appropriations, because we do not have the authority to deal with 
that.
  I simply want to take the remaining time to discuss the motion to 
recommit of the gentleman from Michigan [Mr. Bonior]. We all want to 
save dollars, but I think we have a fundamental obligation to, at the 
same time that we are doing that, do everything we can to try to make 
the economy grow, and most of all, to try to give working people some 
greater opportunity than they have had in recent years to raise their 
own family income by dint of their own hard work.
  It is tough out there. You have working families who struggle to pay 
their bills, who struggle to get a little bit ahead in savings, who 
struggle to find a way to pay for their kids' education, and through 
all of life's struggles, I think they understand that education and 
training is one of the few ways that you can get off the treadmill, 
that you can make something of yourself and your family through your 
own hard work.
  I think it is a fundamental mistake for this Congress to make things 
more difficult for those working families. There ought to be a rule 
which says that if the Congress cannot help somebody on the economic 
road that they are traveling, that they at least not make things more 
difficult; and I think Congress does make things more difficult when 
they do not meet their obligation to strengthen education and training 
in this country. And that goes for early education, it goes for 
elementary and secondary, and it goes for higher education.

  We have an obligation to help every kid in this country prepare for 
the economic race that he or she is going to have to run in a very 
tough world. We have an obligation to help middle-class families find 
ways to get their kids' college educations and community college and 
technical school educations, and this bill does not meet that 
responsibility.
  We have to pass this legislation, because if we do not, the 
Government will once again close down, and that would be an immense 
tragedy for the people of this country. But I do think it is also 
necessary to try to improve 

[[Page H896]]
it. That is what the Bonior amendment, or what the Bonior motion will 
do in the motion to recommit.
  I would urge very strong support for the Bonior motion, which will 
restore $3.1 billion in education funding, and then I would urge that 
you support this bill so we can meet our basic obligation to govern.
  Mr. LIVINGSTON. Mr. Speaker, I yield myself the remainder of my time.
  (Mr. LIVINGSTON asked and was given permission to revise and extend 
his remarks.)
  Mr. LIVINGSTON. My friends, the hour is late and this will be the 
last time I will have a chance to address this bill, because the 
distinguished gentleman from Illinois [Mr. Porter] and the gentleman 
from California [Mr. Cunningham], will talk on the motion to recommit.
  Mr. Speaker, I urge my colleagues to vote for this bill. If you do, 
and I suspect the majority will vote for it, it will go to the other 
body, it will pass, and the President will get it on his desk. He has 
agreed to the conditions and terms, and he will sign the bill, at least 
according to my expectations.
  Mr. Speaker, the appropriations process for fiscal year 1996 is long 
overdue. The fact is we have gotten through 7 bills; they have become 
law. Of the 6 remaining which have not, 3 were voted, 3 are still 
working their way through the process, and 1 is included here tonight. 
I think that we could all say we have certainly put enough time into 
this process.
  We have, through lack of agreement or whatever, found that closing 
the Government was not fun, was not tasteful, and perhaps caused a lot 
of suffering and hardship for people at an unfortunate time of the 
calendar year.

                              {time}  1845

  We do not want to repeat that experience. That is why I am proud of 
the committee, Republicans and Democrats alike, in this body and in the 
other, for finally coming together and working out their differences. 
There is plenty to complain about in this bill, from the conservative 
side, from the liberal side, perhaps even in the middle.
  The fact of the matter is, the 104th Congress came in here with a 
mandate. The mandate is to get this country in working order, get this 
country on a fiscally sound basis, to start putting ourselves on a 
glidepath toward a balanced budget.
  We have worked our way through the entitlements debate. We have not 
scored so well. Liberals want to spend more, conservatives want to 
spend less. We have not quite gotten an agreement on the entitlements 
on the mandatory side of the budget. That is two-thirds of the budget. 
But on the discretionary side, that discretionary one-third which deals 
with the cost of running the Government, we have already reaped great 
savings in the last 13 months. We have saved the American taxpayer $20 
billion in fiscal year 1995 under what was initially appropriated. For 
fiscal year 1996, we can say with certainty we are going to save them 
at least $22 billion and possibly as much as $30 billion below that 
same level, depending on our progress with our remaining appropriations 
action.

  We are continuing to make progress. I think today we are making great 
progress. As I said, we have 6 bills outstanding. One of those bills is 
included in its entirety, the Foreign Operations bill, the bill chaired 
by the gentleman from Alabama [Mr. Callahan], who spoke a little while 
ago. That bill is incorporated in this agreement, which means that this 
bill, once it has gone through the processes, will be enacted into law 
and, instead of having 6 bills outstanding, we will have 5.
  I want to take this moment to say that that would not have been 
possible without the valuable services of all of our staff. All of the 
staff on the Committee on Appropriations have contributed mightily to 
the progress we have made. It has been the members that have slowed 
down the process, not the staff. One particular staff member is marking 
this bill as his last. For 17 years on the Hill, he has worked within 
the Committee on Appropriations, both on the MILCON and the Foreign 
Operations bills, worked closely with me and with all the other 
members. He sits beside the gentleman from Wisconsin. I am talking 
about Terry Peel. I would ask all of the Members to give Terry Peel an 
expression of appreciation for his invaluable service.
  Mr. OBEY. Mr. Speaker, will the gentleman yield?
  Mr. LIVINGSTON. I yield to the gentleman from Wisconsin.
  Mr. OBEY. Let me simply say that I want to join the gentleman in 
taking note of Terry's tremendous service to this place. I think 
Members in both parties who worked with Terry Peel understand that he 
has really epitomized what the word ``service'' is all about. He has 
been of tremendous service to this House. He has been of tremendous 
service to this country. He has been the ``brains'' of many of us for 
years on complicated foreign assistance programs, and he must have an 
incredible disposition to be able to deal with that bill as long as he 
has and still smile as regularly as he does and still find the energy 
to write the plays that he has managed to write the past few years.
  I appreciate the time he has taken and I appreciate the time that his 
wife Ann has allowed him to give us and the country in so doing.
  Mr. LIVINGSTON. Mr. Speaker, reclaiming my time, I want to echo those 
comments, wish Terry and his wife well in their future endeavors, and I 
look forward to going to the performances of his plays as well.
  Now, my friends, we are coming to the end of the general debate. 
There have been a few points made about education. The fact of the 
matter is that some of our friends on the Democrat side emulated what 
was said about Will Rogers and his relationship to mankind. ``Will 
Rogers never saw a man he did not like.'' The Democrats never saw an 
education program they did not like. No matter how wasteful, 
inefficient, redundant, duplicative, or unnecessary, the fact is, they 
do not want to close any programs, they do not want to end them. They 
want to create a new program for every idea, every initiative, every 
whim, every speculation, and, by the way, all the others are great, do 
not close them, do not merge them, do not try to get any savings or 
efficiency for the American taxpayer.
  I do not know if my colleagues are aware, but there are roughly 256 
separate education programs. There are also about 163 job training 
programs and 47 nutrition programs, et cetera, et cetera, et cetera.
  The U.S. Congress over the last 60 years has done a great deal of 
good with the American people's money for the American people. The 
problem is the process has gotten out of kilter. We create so many 
programs that we run out of good causes. But we do not remember that we 
are using other people's money. We are taking their money and putting 
it in a program, creating a bureaucracy, and taking that money and 
spreading it all over for good causes and getting reelected.
  The time has come when the taxpayer is saying enough is enough is 
enough. After World War II, the average American family paid 5 percent 
of its income to the Federal Government. Today the average American 
family pays 25 percent of its income to the Federal Government. If they 
have their way, it will be 80 percent one of these days, because they 
do not want to balance the budget, they just want to keep taking the 
money and spending it.
  Now it is time to pare down the bureaucracy. Even the President 
acknowledges that. In his State of the Union Speech just 2 days ago, he 
acknowledged that it is time for a smaller Government. In fact, he has 
suggested to this Congress that we close 36 education programs. They 
might all have good titles, good names. You can find a lot of 
constituents for those programs. But when you consider that those 
constituents are also being served by hundreds of other programs, there 
is some loss of common sense in the works.

  It is time to restore common sense. Now they say that the Labor-
Health-Education bill has not worked its way through the process, and 
it is our fault. We have not adequately funded it. They say we have cut 
all the programs. The fact is the House of Representatives through the 
appropriations process passed the Labor-Health bill in late July 1995.
  They say it is not being filibustered by the Democrats in the Senate. 
The fact is I happened to turn on the television to watch the other 
body, and saw one of the Members stand up and 

[[Page H897]]
object to the consideration of the Labor-Health bill, the presentation 
of the bill on the floor of the Senate. That happened. Whether that is 
a filibuster or not, the bill was not presented, it was not debated, it 
was not argued, it did not occur, it did not pass.
  As we all know about the legislative process, if it does not pass one 
body, they cannot go to conference. If we cannot go to conference, we 
cannot present the bill to the President. If they cannot present the 
bill to the President, he cannot sign it or veto it. So the process is 
stuck.
  What are we doing here? We are simply passing a Balanced Budget 
Downpayment Act for this month, between now and March 15, to keep most 
of these programs going. That seems logical. Keep them going so that 
the Government does not close down, and at the same time let us not 
spend excessively.
  We trim them to about 75 percent of funding. We acknowledge that some 
people should be furloughed or rifed where there is not going to be 
full funding over the year. And we simply tell the American taxpayer we 
are making a dent; we are not solving all the problems, but we are 
making a dent on your behalf.
  The people that really need service will get service, but perhaps we 
will begin to cut back on this unnecessary and wasteful bureaucracy 
just a little bit between now and March 15, until the regular process 
can work its way through the system and the Labor-Health bill can be 
passed and the President can sign his name on it.
  I hope that happens. But, in the meantime, I think it is very, very 
important to pass this bill. Let us quit wasting the taxpayers' money, 
but let us also quit wasting time debating year fiscal year 1996, 
because, my friends, within days we are going to be debating fiscal 
year 1997 and the process is going to start all over again.
  So I urge my friends, vote for the bill; vote against the motion to 
recommit. Let us keep the Government open, let us send this to the 
Senate, let the Senate send it to the President, and we can go home and 
have a couple of days off.
  Mr. STOKES. Mr. Speaker, I rise in support of H.R. 2880, a continuing 
resolution for fiscal year 1996. I join my ranking member for the full 
appropriations subcommittee, the gentleman from Wisconsin [Mr. Obey] in 
commending our colleagues on the other side of the aisle for working so 
diligently to bring this much improve measure before us tonight.
  While I am glad to see that progress appears to be occurring with 
respect to a final budget agreement and the remaining appropriations 
bills, I am certain that no one is more delighted with any progress 
than the hard-working Government employees, their families, and the 
millions of individuals and families whose lives have been held hostage 
over the last few months since we have been unable to resolve these 
pressing matters.
  As ranking member of the Appropriations Subcommittee on Veterans 
Affairs, Housing and Urban Development, and Independent Agencies, I 
have been among the most ardent opponents of the many reductions to 
critical programs under the subcommittee's jurisdiction, as well as the 
numerous and harmful riders that were included in the measure. The 
measure before us does not address all of the areas for which I have 
concern. It does, however, allow the Federal Government to continue to 
meet important obligations to our Nation's veterans, to safeguard our 
environment, provide aid to the homeless, assist families and 
individuals in purchasing homes, and further our scientific and 
technological endeavors.
  Mr. Speaker, this measure is by no means perfect and still requires 
some major fine tuning. Furthermore, we must not forget that we have to 
extend the debt ceiling limit to restore financial stability of our 
Nation's financial markets. Nonetheless, we must do the right thing for 
this Nation and pass this continuing resolution.
  The SPEAKER pro tempore (Mr. Hefley). Pursuant to the order of the 
House of today, the previous question is ordered.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                Motion to Recommit Offered by Mr. BONIOR

  Mr. BONIOR. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. BONIOR. Mr. Speaker, in its present form I am.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:


       Mr. Bonior moves to recommit the bill to the Committee on 
     Appropriations with instructions to report it back forthwith 
     with an amendment as follows:
       At the end of Title I of the bill insert the following new 
     section:


                  ``restoration for education programs

       ``Notwithstanding any other provision of this Act except 
     sections 106, 115, 119 and 120, projects and activities of 
     the Department of Education shall be continued at a rate of 
     operations at the current rate, and under the authority and 
     conditions provided in the applicable appropriations Act for 
     the fiscal year 1995. Provided, That section 111 of this 
     title shall not apply to this section notwithstanding any 
     other provisions of this Act.

  The SPEAKER, pro tempore. The gentleman from Michigan [Mr. Bonior,] 
is recognized for 5 minutes in support of his motion to recommit.
  Mr. BONIOR. Mr. Speaker, this is the ninth stopgap measure that we 
have had on this floor since that fiscal year began. Let us be clear 
what this motion to recommit is. It is one of the biggest education 
votes that you will have in this Congress. Do we make our kids' 
education a priority, or do we cut it? That is what this vote is all 
about.
  The Republicans have presented us with a resolution that makes deep 
cuts. It cuts Safe and Drug Free Schools by 25 percent. That is the 
DARE program. That is the one we all go home and praise to the high 
heavens. It cuts the School-to-Work Program by 18 percent. That is the 
new program we adopted to take care of the 70 percent of our kids who 
do not graduate from college, modeled after the successful program they 
have in Germany. It cuts title I funding by more than $1 billion over 
the year, if you prorated this out over the year per this request. It 
kicks over 1 million kids off math and reading. It cuts teacher 
training for special education by 25 percent.
  If we go down this road, as my friend from Wisconsin [Mr. Obey] and 
the gentleman from Michigan [Mr. Kildee] pointed out, this is going to 
cost about $3.1 billion. That will be the biggest cut in education in 
the history of this country. Its effect will be devastating. This is 
shortsighted. It is a strategy already being felt in communities all 
over this country.

  Now is the time for teacher contracts to be signed, but communities 
cannot do that because the funding is uncertain. Now is the time for 
cities to submit their school budget, but they cannot do that because 
they do not have any numbers to work with.
  Now is the time for colleges to award financial aid, but they cannot 
do that because they have not been told how much they are going to have 
to offer, and, because of it, families and students all over America 
are being hung out to dry.
  These are the people who work hard, who play by the rules, who pay 
their bills, and they want a better life for their kids. They want 
their kids to have some opportunity. We should be standing up for them 
today. We should not be standing in their way.
  Mr. Speaker, the motion to recommit that we offer today will protect 
our children's education. It will restore funds for School-to-Work, it 
will restore funds for Safe and Drug Free Schools, the DARE Program. It 
will restore funds for the Perkins loans, it will restore funds for 
math and science training, it will restore funds for impact aid and for 
title I and other things as well. Without this amendment, we will be 
placing an extra burden on local communities, local schools, and, I 
might dare say, on local property taxes.
  So let me just conclude, Mr. Speaker, by suggesting that we should 
not be cutting education. Republicans could not cut education through 
the front door, and we should not let them cut it through the back 
door. This is one of the most important education votes that we will 
cast in this Congress. I urge my colleagues, vote ``yes'' on the motion 
to recommit, and give our kids an opportunity they deserve.
  Mr. KILDEE. Mr. Speaker, will the gentleman yield?
  Mr. BONIOR. I yield to the gentleman from Michigan, who has been a 
stalwart on this issue for many years.

                              {time}  1900

  Mr. KILDEE. Mr. Speaker, I thank the gentleman for yielding.
  
[[Page H898]]

  Mr. Speaker, education has always had friends on the Republican side 
of the aisle, and they realize that elementary and secondary education 
is forward-funded, that this resolution provides money for the school 
year beginning this coming September.
  If this resolution is extended for the rest of the year, there will 
be a $3.1 billion cut in education, the largest cut ever. Schools right 
now, or very soon, will be writing their budgets. They have to know how 
much money will be available or teachers will be pink-slipped. Programs 
will be cut.
  I ask my friends on that side of the aisle, many of them sitting 
right there who have been good friends of education, we have worked 
together in the vineyard of education, I ask my colleagues to set aside 
partisanship. We have the opportunity to restore those funds to give 
the school districts some certainty as to their funding.
  Please set aside the partisanship. Mr. Gingrich, Professor Gingrich, 
will not punish you for supporting education. Please vote for this 
motion to recommit.
  Mr. BONIOR. Mr. Speaker, I yield back the balance of my time.
  Mr. LIVINGSTON. Mr. Speaker, I yield 2 minutes to the gentleman from 
California [Mr. Cunningham].
  Mr. CUNNINGHAM. Mr. Speaker, I respect the gentleman from Michigan 
[Mr. Kildee]. We are on the same committee. I would say, of the 256 
educational programs we have, we cannot fund all the programs that 
really work adequately. Where do we get this free money? We take it 
from the people that we supposedly send it back to, but we only give it 
back to them at 23 cents on the dollar after we feed the Federal 
bureaucracy, and when we do that it is inefficient.
  Mr. Speaker, 93 percent of education is funded at the State and local 
level. We only funded 7 percent of it, but yet take a look. That 7 
percent has over 50 percent of the rules and regulations that a State 
has to follow and over 75 percent of the paperwork. It is not 
efficient. So what we are doing is reducing it slowly.
  I agree we can just chop it off. Because of the economy, we cannot 
put it all back at the State. You cannot fund a school bond or election 
for education.
  But we have to reduce the waste and the spending. What did we cut? 
Yes, ask the gentleman from Minnesota [Mr. Sabo] on the Committee on 
the Budget. The President's Direct Lending Program capped at 10 percent 
cost a billion dollars more just in administrative fees. So what did we 
cut? We cut the precious bureaucracy and cut that out.
  We took the savings and increased student loans by 50 percent, 
increased Pell grants the highest they have been, and increased and 
level-funded the IDEA Program that my colleagues are talking about in 
special education. It is level-funded. It is not reduced.
  And what else? We took the Goals 2000 that has 45 instances that say 
``States will,'' and we take that money and we give it back to the 
States where they are not required to have boards and commissions that 
report to a Federal bureaucracy here in Washington, DC. We turn that 
money and give it direct so we can get 77 cents on the dollar into the 
classroom, not just 23 cents. We need to be more businesslike in our 
education funding.
  Mr. LIVINGSTON. Mr. Speaker, I yield the balance of my time to the 
distinguished gentleman from Illinois [Mr. Porter] chairman of the 
Subcommittee on Labor, Health, and Human Services and Education.
  (Mr. Porter asked and was given permission to revise and extend his 
remarks.)
  Mr. PORTER. Mr. Speaker, 5 cents out of every $1 spent on education 
is spent by the Federal Government. Reductions in Federal education 
spending in this House bill, H.R. 2127, amount to less than 1 percent 
of the total money spent on primary and secondary education in the 
United States.
  The sky is not falling. There is no hostility to the Federal role in 
education. What we intend to do is to spend the money better and get 
better results for America's children.
  Let me quote Alice Rivlin in her 1992 book, ``Reviving the American 
Dream.'' She says, ``Presidential speeches and photo opportunities, 
national testing and assessments, federally funded experimental 
schools, even new grants spent in accordance with Federal guidelines 
can only make marginal contributions to fixing the schools.''
  What we are attempting to do is to get control over 256 separate 
programs that even officials in the Department of Education will say 
are out of control and require huge overhead to administer. These funds 
do not go to kids, but to directors and staffs in Washington that do 
nothing to improve education.
  Let me talk for a moment about title I. Title I evaluations say they 
do not appear to be helping close the learning gap. The money is 
spread, Mr. Speaker, all over our country. The money goes to schools 
that do not need it. What we need to do with title I is to target the 
money to the schools with large numbers of disadvantaged children so 
that we get better results for kids that are most at risk. The Safe and 
Drug-Free Schools Program suffers from the same problem. Funding goes 
everywhere instead of to the schools that most need it. It has never 
had a national evaluation.
  Goals 2000 is really an attempt to use Federal dollars to encourage 
States to do what they are already doing; and that is, setting up high 
standards that have to be met by students and teachers alike. We do not 
need Federal bribery to get that job done.
  Finally, Mr. Speaker, let me say that this motion, with the exception 
of only two programs, Vocational Rehabilitation and Impact Aid, has no 
impact whatsoever. Most education programs are forward-funded and the 
funds allegedly provided in this motion will not be obligated during 
the continuing resolution period.
  Mr. Speaker, I would urge the Members to vote ``no'' on the motion to 
recommit.
  Mr. RAHALL. Mr. Speaker, I rise in strong support of the Bonior 
motion to recommit.
  I do so on behalf of education. We cannot be a party to causing the 
State and local turmoil that will ensue--including the issuing of pink 
slips to teachers across this Nation--if we cut $3.1 billion out of 
education--the biggest cut in our history.
  Schools must by law send layoff notices to teachers by March or April 
of the year prior to the next academic year--in this case the 1996-97 
school year.
  The impact on college students will be no less harmful.
  I urge my colleagues to vote for this recommittal motion and save 
education for children of all ages.
  Mr. CLAY. Mr. Speaker, I rise in support of the motion to recommit.
  It is the height of irresponsibility for Republicans to hold 
education programs hostage to their plot to extract radical concessions 
through budget negotiations.
  Governing and politics are about give and take and good faith. 
Republicans need a lesson in both.
  Their failure to support a simple continuing resolution that funds 
education programs at fiscal year 1995 levels is creating serious 
problems for schools, teachers and children who have absolutely nothing 
to do with the budget fight. They are the innocent victims of a drive-
by shooting. In this case, it is hard to tell who is driving this car. 
Is it the Speaker or the 73 Republican freshmen or the Christian 
coalition?
  The devastating cut in title I funding will deny 1.1 million needy 
children the crucial help they need in reading, writing, math, and 
critical thinking. Drug abuse and violence prevention programs will be 
cut for millions of students in nearly every school district in the 
country. Innovative school to work strategies developed at the local 
level will be halted. Teachers will be fired, classroom sizes will 
increase.
  With this continuing resolution, the Republicans are turning their 
backs on public education. Cuts in education are further proof that the 
Republican Party has not only lost its heart and soul, but has also 
lost its mind.
  The SPEAKER pro tempore (Mr. Hefley). All time has expired.
  Without objection, the previous question is ordered.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit 
offered by the gentleman from Michigan [Mr. Bonior].
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             recorded vote

  Mr. BONIOR. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 193, 
noes 222, not voting 18, as follows:

[[Page H899]]


                             [Roll No. 18]

                               AYES--193

     Abercrombie
     Ackerman
     Andrews
     Baesler
     Baldacci
     Barrett (WI)
     Becerra
     Beilenson
     Bentsen
     Berman
     Bevill
     Bishop
     Bonior
     Borski
     Boucher
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant (TX)
     Cardin
     Clay
     Clayton
     Clement
     Coleman
     Collins (IL)
     Collins (MI)
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Danner
     de la Garza
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Durbin
     Edwards
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Fazio
     Fields (LA)
     Filner
     Flake
     Foglietta
     Ford
     Frank (MA)
     Franks (CT)
     Frost
     Furse
     Gejdenson
     Gephardt
     Geren
     Gibbons
     Gonzalez
     Gordon
     Green
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hamilton
     Harman
     Hastings (FL)
     Hefner
     Heineman
     Hilliard
     Hinchey
     Holden
     Hoyer
     Jackson (IL)
     Jackson-Lee (TX)
     Jacobs
     Jefferson
     Johnson (SD)
     Johnston
     Kanjorski
     Kaptur
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kleczka
     Klink
     LaFalce
     Lantos
     Leach
     Levin
     Lewis (GA)
     Lincoln
     Lipinski
     Lofgren
     Lowey
     Luther
     Maloney
     Manton
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy
     McDermott
     McHale
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Mfume
     Miller (CA)
     Minge
     Mink
     Moakley
     Mollohan
     Montgomery
     Moran
     Murtha
     Nadler
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Owens
     Pallone
     Pastor
     Payne (NJ)
     Payne (VA)
     Pelosi
     Peterson (FL)
     Peterson (MN)
     Pickett
     Pomeroy
     Poshard
     Rahall
     Rangel
     Reed
     Richardson
     Rivers
     Roemer
     Rose
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sawyer
     Schroeder
     Schumer
     Scott
     Sisisky
     Skaggs
     Skelton
     Slaughter
     Spratt
     Stark
     Stenholm
     Stokes
     Studds
     Stupak
     Tanner
     Taylor (MS)
     Tejeda
     Thompson
     Thornton
     Thurman
     Torkildsen
     Torres
     Torricelli
     Towns
     Traficant
     Velazquez
     Vento
     Visclosky
     Volkmer
     Ward
     Watt (NC)
     Williams
     Wilson
     Wise
     Woolsey
     Wynn
     Yates

                               NOES--222

     Allard
     Archer
     Armey
     Bachus
     Baker (CA)
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Bass
     Bateman
     Bereuter
     Bilbray
     Bilirakis
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bono
     Brownback
     Bryant (TN)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Castle
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Chrysler
     Clinger
     Coble
     Coburn
     Collins (GA)
     Combest
     Cooley
     Cox
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Davis
     Deal
     DeLay
     Diaz-Balart
     Dickey
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Ensign
     Everett
     Ewing
     Fawell
     Fields (TX)
     Flanagan
     Foley
     Forbes
     Fowler
     Fox
     Franks (NJ)
     Frelinghuysen
     Frisa
     Funderburk
     Gallegly
     Ganske
     Gekas
     Gilchrest
     Gillmor
     Gilman
     Goodlatte
     Goodling
     Goss
     Graham
     Greenwood
     Gunderson
     Gutknecht
     Hansen
     Hastert
     Hastings (WA)
     Hayworth
     Hefley
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Horn
     Hostettler
     Houghton
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Johnson (CT)
     Johnson, Sam
     Jones
     Kasich
     Kelly
     Kim
     King
     Kingston
     Klug
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Laughlin
     Lazio
     Lewis (CA)
     Lewis (KY)
     Lightfoot
     Livingston
     LoBiondo
     Longley
     Lucas
     Manzullo
     Martini
     McCollum
     McCrery
     McDade
     McHugh
     McInnis
     McIntosh
     McKeon
     Metcalf
     Meyers
     Mica
     Miller (FL)
     Molinari
     Moorhead
     Morella
     Myrick
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Oxley
     Packard
     Parker
     Paxon
     Petri
     Pombo
     Porter
     Portman
     Pryce
     Quillen
     Quinn
     Radanovich
     Ramstad
     Regula
     Riggs
     Roberts
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roth
     Roukema
     Royce
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaefer
     Schiff
     Seastrand
     Sensenbrenner
     Shadegg
     Shaw
     Shays
     Shuster
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (WA)
     Solomon
     Souder
     Spence
     Stearns
     Stockman
     Stump
     Talent
     Tate
     Tauzin
     Thomas
     Thornberry
     Tiahrt
     Upton
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wicker
     Wolf
     Young (FL)
     Zeliff
     Zimmer

                             NOT VOTING--18

     Baker (LA)
     Barcia
     Barton
     Brewster
     Chapman
     Clyburn
     Hancock
     Hayes
     Johnson, E. B.
     Linder
     Myers
     Serrano
     Smith (TX)
     Taylor (NC)
     Waters
     Waxman
     Wyden
     Young (AK)

                              {time}  1925

  The Clerk announced the following pair:
  On this vote:

       Mr. Waxman for, with Mr. Linder against.

  Mrs. SMITH of Washington, Mr. SHADEGG, Mr. KING, Mrs. CUBIN, and Mr. 
McDADE changed their vote from ``aye'' to ``no.''
  Messrs. DOOLEY, BERMAN, and RUSH changed their vote from ``no'' to 
``aye.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore (Mr. Hefley). The question is on the passage 
of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             recorded vote

  Mr. OBEY. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 371, 
noes 42, not voting 20, as follows:

                             [Roll No. 19]

                               AYES--371

     Abercrombie
     Ackerman
     Allard
     Andrews
     Archer
     Armey
     Bachus
     Baesler
     Baker (CA)
     Baldacci
     Ballenger
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Bass
     Bateman
     Beilenson
     Bentsen
     Bereuter
     Berman
     Bevill
     Bilbray
     Bilirakis
     Bishop
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bono
     Borski
     Boucher
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Brownback
     Bryant (TN)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cardin
     Castle
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Chrysler
     Clayton
     Clement
     Clinger
     Coble
     Coburn
     Coleman
     Collins (GA)
     Collins (IL)
     Collins (MI)
     Cooley
     Costello
     Cox
     Cramer
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Danner
     Davis
     de la Garza
     Deal
     DeLauro
     DeLay
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doolittle
     Dornan
     Doyle
     Dreier
     Duncan
     Dunn
     Durbin
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Ensign
     Eshoo
     Evans
     Everett
     Ewing
     Farr
     Fawell
     Fazio
     Fields (TX)
     Flanagan
     Foley
     Forbes
     Ford
     Fowler
     Fox
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Frost
     Funderburk
     Furse
     Gallegly
     Ganske
     Gejdenson
     Gekas
     Gephardt
     Geren
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Greenwood
     Gunderson
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hamilton
     Hansen
     Harman
     Hastert
     Hastings (WA)
     Hayworth
     Hefley
     Hefner
     Heineman
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Holden
     Horn
     Hostettler
     Houghton
     Hoyer
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jacobs
     Johnson (CT)
     Johnson (SD)
     Johnson, Sam
     Johnston
     Jones
     Kaptur
     Kasich
     Kelly
     Kennedy (RI)
     Kennelly
     Kildee
     Kim
     King
     Kingston
     Kleczka
     Klug
     Knollenberg
     Kolbe
     LaFalce
     LaHood
     Lantos
     Largent
     LaTourette
     Laughlin
     Lazio
     Leach
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Lightfoot
     Lincoln
     Lipinski
     Livingston
     LoBiondo
     Longley
     Lowey
     Lucas
     Luther
     Manton
     Manzullo
     Markey
     Martini
     Mascara
     Matsui
     McCarthy
     McCollum
     McCrery
     McDade
     McHale
     McHugh
     McInnis
     McIntosh
     McKeon
     McKinney
     McNulty
     Meehan
     Menendez
     Metcalf
     Meyers
     Mica
     Miller (CA)
     Miller (FL)
     Minge
     Mink
     Molinari
     Mollohan
     Montgomery
     Moorhead
     Moran
     Morella
     Murtha
     Myrick
     Nadler
     Neal
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Oxley
     Packard
     Pallone
     Parker
     Paxon
     Payne (VA)
     Pelosi
     Peterson (FL)
     Peterson (MN)
     Petri
     Pickett
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Pryce
     Quillen
     Quinn
     Radanovich
     Ramstad
     Reed
     Regula
     Richardson
     Riggs
     Rivers
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rose
     Roth
     Roukema
     Roybal-Allard
     Royce
     Rush
     Sabo
     Salmon
     Sanford
     Sawyer
     Saxton
     Scarborough
     Schaefer
     Schiff
     Schumer
     Scott
     Seastrand
     Sensenbrenner
     Shadegg
     Shaw
     Shays
     Shuster
     
[[Page H900]]

     Sisisky
     Skaggs
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (WA)
     Solomon
     Souder
     Spence
     Spratt
     Stearns
     Stenholm
     Stockman
     Stokes
     Studds
     Stump
     Stupak
     Talent
     Tanner
     Tate
     Tauzin
     Taylor (MS)
     Tejeda
     Thomas
     Thompson
     Thornberry
     Thornton
     Thurman
     Tiahrt
     Torkildsen
     Torres
     Torricelli
     Towns
     Traficant
     Upton
     Vento
     Visclosky
     Volkmer
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Ward
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wicker
     Williams
     Wilson
     Wise
     Wolf
     Woolsey
     Wynn
     Yates
     Young (FL)
     Zeliff
     Zimmer

                                NOES--42

     Becerra
     Bonior
     Bryant (TX)
     Clay
     Combest
     Condit
     Conyers
     Coyne
     DeFazio
     Dellums
     Fattah
     Fields (LA)
     Filner
     Flake
     Foglietta
     Gibbons
     Green
     Gutierrez
     Hastings (FL)
     Hilliard
     Hinchey
     Jefferson
     Kanjorski
     Kennedy (MA)
     Klink
     Latham
     Lofgren
     Maloney
     Martinez
     McDermott
     Meek
     Mfume
     Owens
     Pastor
     Payne (NJ)
     Rahall
     Rangel
     Sanders
     Schroeder
     Stark
     Velazquez
     Watt (NC)

                             NOT VOTING--20

     Baker (LA)
     Barcia
     Barton
     Brewster
     Chapman
     Clyburn
     Frank (MA)
     Hancock
     Hayes
     Johnson, E. B.
     Linder
     Moakley
     Myers
     Serrano
     Smith (TX)
     Taylor (NC)
     Waters
     Waxman
     Wyden
     Young (AK)

                              {time}  1941

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________