[Congressional Record Volume 142, Number 109 (Tuesday, July 23, 1996)]
[House]
[Pages H8215-H8234]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS ACT, 1997
The SPEAKER pro tempore. Pursuant to House Resolution 479 and rule
XXIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 3814.
{time} 2049
In the Committee of the Whole
Accordingly the House resolved itself into the Committee of the
Whole
[[Page H8216]]
House on the State of the Union for the further consideration of the
bill (H.R. 3814) making appropriations for the Department of Commerce,
Justice, and State, the Judiciary, and related agencies for the fiscal
year ending September 30, 1997, and for other purposes, with Mr.
Gunderson in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When of the Committee of the Whole rose earlier today,
a demand for the recorded vote on the amendment offered by the
gentleman from Indiana [Mr. Hostettler] had been postponed and the bill
had been read through page 49, line 2.
Sequential Votes Postponed in the Committee of the Whole
The CHAIRMAN. Pursuant to House Resolution 479, proceedings will now
resume on those amendments on which further proceedings were postponed
in the following order: amendment No. 38 offered by the gentlewoman
from Colorado [Mrs. Schroeder]; an amendment offered by the gentleman
from Virginia [Mr. Scott]; and amendment No. 9 offered by the gentleman
from Indiana [Mr. Hostettler].
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.
amendment offered by mrs. schroeder
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentlewoman from Colorado [Mrs.
Schroeder], on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
recorded vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 159,
noes 265, not voting 9, as follows:
[Roll No. 343]
AYES--159
Abercrombie
Ackerman
Andrews
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Costello
Coyne
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dixon
Doggett
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Flake
Foglietta
Ford
Fox
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Green (TX)
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
McCarthy
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Morella
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pomeroy
Radanovich
Rangel
Reed
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Stark
Stokes
Studds
Stupak
Tejeda
Thompson
Thurman
Torkildsen
Torres
Torricelli
Towns
Velazquez
Vento
Volkmer
Ward
Waters
Watt (NC)
Waxman
Woolsey
Wynn
Yates
Zimmer
NOES--265
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Martini
Mascara
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Rahall
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thornton
Tiahrt
Traficant
Upton
Visclosky
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Young (AK)
Zeliff
NOT VOTING--9
Collins (IL)
Ehrlich
Fazio
Lewis (CA)
Lincoln
Matsui
McDade
Spratt
Young (FL)
{time} 2108
Messrs. KIM, WISE, and RAHALL changed their vote from ``aye'' to
``no.''
Mr. PAYNE of New Jersey and Mr. SCHUMER changed their vote from
``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
amendment offered by mr. scott
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Virginia [Mr. Scott], on
which further proceedings were postponed and on which the noes
prevailed by a voice vote.
The Clerk will designate the amendment.
The Clerk designated the amendment.
recorded vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This is a 5-minute vote.
The vote was taken by electronic device, and there were ayes 99, noes
326, not voting 8, as follows:
[Roll No. 344]
AYES--99
Abercrombie
Barrett (WI)
Becerra
Beilenson
Bishop
Bonior
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Conyers
Coyne
Cummings
de la Garza
DeFazio
Dellums
Dingell
Dixon
Doyle
Engel
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Flake
Foglietta
Ford
Fox
Frank (MA)
Gibbons
Gonzalez
Green (TX)
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Kennedy (RI)
Kildee
Klink
LaFalce
Lantos
LaTourette
Lewis (GA)
Lofgren
Markey
Martinez
McDermott
McKinney
McNulty
Meehan
Meek
Millender-McDonald
Mink
Moran
Olver
Ortiz
Owens
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Quinn
Rangel
Rose
Roybal-Allard
Rush
Sabo
Sanders
Schroeder
Scott
Serrano
Shays
Sisisky
Slaughter
Stark
Stokes
Studds
Tejeda
Thompson
Torres
Towns
Vento
Waters
Watt (NC)
Williams
Woolsey
Wynn
Yates
[[Page H8217]]
NOES--326
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Doggett
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennelly
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
Laughlin
Lazio
Leach
Levin
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martini
Mascara
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Orton
Oxley
Packard
Pallone
Parker
Paxon
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Velazquez
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--8
Collins (IL)
Fazio
Gilman
Lewis (CA)
Lincoln
Matsui
McDade
Young (FL)
{time} 2116
Messrs. NADLER, MILLER of California, and BALDACCI changed their vote
from ``aye'' to ``no.''
Mr. BROWN of Ohio changed his vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
amendment offered by mr. hostettler
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Indiana [Mr.
Hostettler], on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
recorded vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 99,
noes 328, not voting 6, as follows:
[Roll No. 345]
AYES--99
Allard
Armey
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bereuter
Bilirakis
Bliley
Boehner
Brownback
Bunning
Burton
Chabot
Chenoweth
Christensen
Chrysler
Coble
Combest
Cooley
Cox
Crane
Crapo
Cubin
Doolittle
Dornan
Dreier
Dunn
Ehrlich
Ensign
Fawell
Fields (TX)
Foley
Goss
Greene (UT)
Gutknecht
Hancock
Hastert
Hayworth
Hefley
Hoekstra
Hoke
Hostettler
Hunter
Hutchinson
Inglis
Istook
Johnson, Sam
Kasich
Kim
Klug
Kolbe
Largent
Leach
Manzullo
McCollum
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Moorhead
Myrick
Nethercutt
Neumann
Paxon
Petri
Pombo
Porter
Pryce
Radanovich
Ramstad
Rohrabacher
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Smith (MI)
Solomon
Souder
Stearns
Stockman
Stump
Tate
Thornberry
Tiahrt
Walker
Weller
White
Wolf
Zeliff
Zimmer
NOES--328
Abercrombie
Ackerman
Andrews
Archer
Baesler
Baker (LA)
Baldacci
Barcia
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Berman
Bevill
Bilbray
Bishop
Blumenauer
Blute
Boehlert
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Burr
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chambliss
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coburn
Coleman
Collins (GA)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cremeans
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Durbin
Edwards
Ehlers
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Green (TX)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastings (FL)
Hastings (WA)
Hayes
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Holden
Horn
Houghton
Hoyer
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kingston
Kleczka
Klink
Knollenberg
LaFalce
LaHood
Lantos
Latham
LaTourette
Laughlin
Lazio
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
McCarthy
McCrery
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murtha
Myers
Nadler
Neal
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Portman
Poshard
Quillen
Quinn
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Spence
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
[[Page H8218]]
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Whitfield
Wicker
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Young (AK)
NOT VOTING--6
Collins (IL)
Fazio
Lincoln
Matsui
McDade
Young (FL)
{time} 2124
So the amendment was rejected.
The result of the vote was announced as above recorded.
Mr. ROGERS. Mr. Chairman, I move to strike the last word. Mr.
Chairman, let me make an announcement. There will be no more recorded
votes tonight. However, we will be proceeding with several amendments
and then roll the votes until tomorrow, and we are asking the authors
and speakers who would like to be heard on these six amendments to stay
around tonight and let us work. Then we will roll the votes until
tomorrow, should any votes be required.
The following amendments will be taken up tonight, and we are asking
all speakers and authors to remain on hand; the amendment to be offered
by the gentleman from Florida [Mr. Goss], the EDA amendment to be
offered by the gentlewoman from Hawaii [Mrs. Mink]; the amendment to be
offered by the gentleman from New York [Mr. Engel]; the amendment to be
offered by the gentleman from Florida [Mr. Miller]; the amendment to be
offered by the gentleman from Illinois [Mr. Porter]; and the amendment
to be offered by the gentleman from Ohio [Mr. Traficant].
Those amendments will be offered tonight. Any votes will be rolled
until tomorrow.
The CHAIRMAN. Pursuant to the order of the House of today, the bill
is considered as read.
The text of the remainder of the bill is as follows:
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$20,000,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, as amended, title II of the
Trade Act of 1974, as amended, and the Community Emergency
Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$29,000,000: Provided, That of the total amount provided,
$3,000,000 shall be available for obligation and expenditure
only for projects jointly developed, implemented and
administered with the Small Business Administration.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $45,900,000, to remain available until September
30, 1998.
economics and statistics administration revolving fund
The Secretary of Commerce is authorized to disseminate
economic and statistical data products as authorized by
sections 1, 2, and 4 of Public Law 91-412 (15 U.S.C. 1525-
1527) and, notwithstanding section 5412 of the Omnibus Trade
and Competitiveness Act of 1988 (15 U.S.C. 4912), charge fees
necessary to recover the full costs incurred in their
production. Notwithstanding 31 U.S.C. 3302, receipts received
from these data dissemination activities shall be credited to
this account, to be available for carrying out these purposes
without further appropriation.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $133,617,000.
periodic censuses and programs
For expenses necessary to collect and publish statistics
for periodic censuses and programs provided for by law,
$205,100,000, to remain available until expended.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration,
$15,000,000 to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 1535(d), the Secretary of
Commerce shall charge Federal agencies for costs incurred in
spectrum management, analysis, and operations, and related
services and such fees shall be retained and used as
offsetting collections for costs of such spectrum services,
to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of the NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from
other Government agencies shall remain available until
expended.
public broadcasting facilities, planning and construction
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $10,250,000, to remain available
until expended as authorized by section 391 of the Act, as
amended: Provided, That not to exceed $1,500,000 shall be
available for program administration as authorized by section
391 of the Act: Provided further, That notwithstanding the
provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for
projects for which applications have been submitted and
approved during any fiscal year.
information infrastructure grants
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $21,490,000, to remain available
until expended as authorized by section 391 of the Act, as
amended: Provided, That not to exceed $3,000,000 shall be
available for program administration and other support
activities as authorized by section 391: Provided further,
That of the funds appropriated herein, not to exceed 5
percent may be available for telecommunications research
activities for projects related directly to the development
of a national information infrastructure: Provided further,
That notwithstanding the requirements of section 392(a) and
392(c) of the Act, these funds may be used for the planning
and construction of telecommunications networks for the
provision of educational, cultural, health care, public
information, public safety, or other social services.
Patent and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office
provided for by law, including defense of suits instituted
against the Commissioner of Patents and Trademarks,
$100,000,000, to remain available until expended: Provided,
That the funds made available under this heading are to be
derived from deposits in the Patent and Trademark Office Fee
Surcharge Fund as authorized by law: Provided further, That
the amounts made available under the Fund shall not exceed
amounts deposited; and such fees as shall be collected
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, shall
remain available until expended.
Science and Technology
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology, $268,000,000, to remain available
until expended, of which not to exceed $1,625,000 may be
transferred to the ``Working Capital Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension
Partnership of the National Institute of Standards and
Technology, $89,900,000, to remain available until expended,
of which not to exceed $300,000 may be transferred to the
``Working Capital Fund''.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $110,500,000, to remain available until expended,
of which not to exceed $500,000 may be transferred to the
``Working Capital Fund'': Provided, That none of the funds
made available under this heading may be used for the
purposes of carrying out additional program competitions
under the Advanced Technology Program: Provided further, That
any unobligated balances available from carryover of prior
year appropriations under the Advanced Technology Program may
be used only for the purposes of providing continuation
grants.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including acquisition, maintenance, operation, and hire of
aircraft; not to exceed 200 commissioned officers on the
active list as of April 1, 1997, and no commissioned officers
on the active list as of September 30, 1997; grants,
contracts, or other payments to nonprofit organizations for
the purposes of conducting activities pursuant to cooperative
agreements; and alteration, modernization, and relocation of
facilities as authorized by 33 U.S.C. 883i; $1,738,200,000,
to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 but consistent with other
existing law, fees shall be assessed, collected, and credited
to this appropriation as offsetting collections to be
available until expended, to recover the costs of
administering aeronautical charting programs: Provided
further, That
[[Page H8219]]
the sum herein appropriated from the general fund shall be
reduced as such additional fees are received during fiscal
year 1997, so as to result in a final general fund
appropriation estimated at not more than $1,735,200,000:
Provided further, That any such additional fees received in
excess of $3,000,000 in fiscal year 1997 shall not be
available for obligation until October 1, 1997: Provided
further, That fees and donations received by the National
Ocean Service for the management of the national marine
sanctuaries may be retained and used for the salaries and
expenses associated with those activities, notwithstanding 31
U.S.C. 3302: Provided further, That in addition, $66,000,000
shall be derived by transfer from the fund entitled ``Promote
and Develop Fishery Products and Research Pertaining to
American Fisheries'': Provided further, That grants to States
pursuant to sections 306 and 306A of the Coastal Zone
Management Act of 1972, as amended, shall not exceed
$2,000,000: Provided further, That of the $1,837,176,000
provided for in direct obligations under this heading (of
which $1,735,200,000 is appropriated from the general fund,
$71,276,000 is provided by transfer, and $30,700,000 is
derived from unobligated balances and deobligations from
prior years), $180,975,000 shall be for the National Ocean
Service, $292,907,000 shall be for the National Marine
Fisheries Service, $231,826,000 shall be for Oceanic and
Atmospheric Research, $633,010,000 shall be for the National
Weather Service, $431,582,000 shall be for the National
Environmental Satellite, Data, and Information Service,
$66,876,000 shall be for Program Support.
coastal zone management fund
Of amounts collected pursuant to section 308 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1456a), not to
exceed $7,800,000, for purposes set forth in sections
308(b)(2)(A), 308(b)(2)(B)(v), and 315(e) of such Act.
construction
For repair and modification of, and additions to, existing
facilities and construction of new facilities, and for
facility planning and design and land acquisition not
otherwise provided for the National Oceanic and Atmospheric
Administration, $36,000,000, to remain available until
expended.
fleet modernization, shipbuilding and conversion
For expenses necessary for the repair, acquisition,
leasing, or conversion of vessels, including related
equipment to maintain and modernize the existing fleet and to
continue planning the modernization of the fleet, for the
National Oceanic and Atmospheric Administration, $6,000,000,
to remain available until expended.
fishing vessel and gear damage compensation fund
For carrying out the provisions of section 3 of Public Law
95-376, not to exceed $200,000, to be derived from receipts
collected pursuant to subsections (b) and (f) of section 10
of the Fishermen's Protective Act of 1967 (22 U.S.C. 1980),
to remain available until expended.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $1,000,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the
Atlantic Tunas Convention Act of 1975, as amended (Public Law
96-339), the Magnuson Fishery Conservation and Management Act
of 1976, as amended (Public Law 100-627), and the American
Fisheries Promotion Act (Public Law 96-561), to be derived
from the fees imposed under the foreign fishery observer
program authorized by these Acts, not to exceed $196,000, to
remain available until expended.
fishing vessel obligations guarantees
For the cost of guaranteed loans, $250,000, as authorized
by the Merchant Marine Act of 1936, as amended: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That none of the funds
made available under this heading may be used to guarantee
loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
Technology Administration
Under Secretary for Technology/Office of Technology Policy
salaries and expenses
For necessary expenses for the Under Secretary for
Technology/Office of Technology Policy, $5,000,000.
General Administration
salaries and expenses
For expenses necessary for the general administration of
the Department of Commerce provided for by law, including not
to exceed $3,000 for official entertainment, $27,400,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended (5 U.S.C. App. 1-11 as amended by Public
Law 100-504), $19,445,000.
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
(Rescission)
Of the unobligated balances available under this heading,
$10,000,000 are rescinded.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary that such payments
are in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 203. None of the funds made available by this Act may
be used to support the hurricane reconnaissance aircraft and
activities that are under the control of the United States
Air Force or the United States Air Force Reserve.
Sec. 204. None of the funds provided in this or any
previous Act, or hereinafter made available to the Department
of Commerce, shall be available to reimburse the Unemployment
Trust Fund or any other fund or account of the Treasury to
pay for any expenses paid before October 1, 1992, as
authorized by section 8501 of title 5, United States Code,
for services performed after April 20, 1990, by individuals
appointed to temporary positions within the Bureau of the
Census for purposes relating to the 1990 decennial census of
population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, the Secretary of
Commerce, no later than 90 days thereafter, shall submit to
the Committees on Appropriations of the House and the Senate
a plan for transferring funds provided in this Act to the
appropriate successor organizations: Provided, That the plan
shall include a proposal for transferring or rescinding funds
appropriated herein for agencies or programs terminated under
such legislation: Provided further, That such plan shall be
transmitted in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of
any successor organization(s) may use any available funds to
carry out legislation dismantling or reorganizing the
Department of Commerce to cover the costs of actions relating
to the abolishment, reorganization, or transfer of functions
and any related personnel action, including voluntary
separation incentives if authorized by such legislation:
Provided, That the authority to transfer funds between
appropriations accounts that may be necessary to carry out
this section is provided in addition to authorities included
under section 205 of this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 207. Any costs incurred by a Department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title shall be absorbed within the total budgetary resources
available to such Department or agency: Provided, That the
authority to transfer funds between appropriations accounts
as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 208. None of the funds appropriated under this Act or
any other Act may be used to develop new fishery management
plans, amendments, or regulations which create new individual
fishing quota, individual transferable quota, or new
individual transferable effort allocation programs, or to
implement any such plans, amendments, or regulations approved
by a Regional Fishery Management Council or the Secretary of
Commerce after January 4, 1995, until offsetting fees to pay
for the cost of administering such plans, amendments, or
regulations are expressly authorized under the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.). This restriction shall not apply in any way to any
such programs approved by the Secretary of Commerce prior to
January 4, 1995.
Sec. 209. The Secretary may award contracts for
hydrographic, geodetic, and photogrammetric surveying and
mapping services in accordance with title IX of the Federal
[[Page H8220]]
Property and Administrative Services Act of 1949 (40 U.S.C.
541 et seq.).
Sec. 210. There is hereby established the Bureau of the
Census Working Capital Fund, which shall be available without
fiscal year limitation, for expenses and equipment necessary
for the maintenance and operation of such services and
projects as the Director of the Census Bureau determines may
be performed more advantageously when centralized: Provided,
That such central services shall, to the fullest extent
practicable, be used to make unnecessary the maintenance of
separate like services in the divisions and offices of the
Bureau: Provided further, That a separate schedule of
expenditures and reimbursements, and a statement of the
current assets and liabilities of the Working Capital Fund as
of the close of the last completed fiscal year, shall be
prepared each year: Provided further, That notwithstanding 31
U.S.C. 3302, the Working Capital Fund may be credited with
advances and reimbursements from applicable appropriations of
the Bureau and from funds of other agencies or entities for
services furnished pursuant to law: Provided further, That
any inventories, equipment, and other assets pertaining to
the services to be provided by such funds, either on hand or
on order, less the related liabilities or unpaid obligations,
and any appropriations made hereafter for the purpose of
providing capital, shall be used to capitalize the Working
Capital Fund: Provided further, That the Working Capital Fund
shall provide for centralized services at rates which will
return in full all expenses of operation, including
depreciation of fund plant and equipment, amortization of
automated data processing software and hardware systems, and
an amount necessary to maintain a reasonable operating
reserve as determined by the Director.
This title may be cited as the ``Department of Commerce and
Related Agencies Appropriations Act, 1997''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance,
and operation of an automobile for the Chief Justice, not to
exceed $10,000 for the purpose of transporting Associate
Justices, and hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve; $27,157,000.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
him by the Act approved May 7, 1934 (40 U.S.C. 13a-13b),
$2,490,000, of which $260,000 shall remain available until
expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $15,013,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services as
authorized by 5 U.S.C. 3109, and necessary expenses of the
court, as authorized by law, $11,114,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular
active service, judges of the United States Court of Federal
Claims, bankruptcy judges, magistrate judges, and all other
officers and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,550,956,000 (including the
purchase of firearms and ammunition); of which not to exceed
$13,454,000 shall remain available until expended for space
alteration projects; of which not to exceed $10,000,000 shall
remain available until expended for furniture and furnishings
related to new space alteration and construction projects;
and of which $500,000 is to remain available until expended
for acquisition of books, periodicals, and newspapers, and
all other legal reference materials, including subscriptions.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$2,390,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
violent crime reduction programs
For activities of the Federal Judiciary as authorized by
law, $30,000,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust Fund,
as authorized by section 190001(a) of Public Law 103-322.
defender services
For the operation of Federal Public Defender and Community
Defender organizations; the compensation and reimbursement of
expenses of attorneys appointed to represent persons under
the Criminal Justice Act of 1964, as amended; the
compensation and reimbursement of expenses of persons
furnishing investigative, expert and other services under the
Criminal Justice Act (18 U.S.C. 3006A(e)); the compensation
(in accordance with Criminal Justice Act maximums) and
reimbursement of expenses of attorneys appointed to assist
the court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement
of travel expenses of guardians ad litem acting on behalf of
financially eligible minor or incompetent offenders in
connection with transfers from the United States to foreign
countries with which the United States has a treaty for the
execution of penal sentences; and the compensation of
attorneys appointed to represent jurors in civil actions for
the protection of their employment, as authorized by 28
U.S.C. 1875(d); $297,000,000, to remain available until
expended as authorized by 18 U.S.C. 3006A(i).
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)); $66,000,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under section 5332 of title 5,
United States Code.
court security
For necessary expenses, not otherwise provided for,
incident to the procurement, installation, and maintenance of
security equipment and protective services for the United
States Courts in courtrooms and adjacent areas, including
building ingress-egress control, inspection of packages,
directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702); $125,000,000, to
be expended directly or transferred to the United States
Marshals Service which shall be responsible for administering
elements of the Judicial Security Program consistent with
standards or guidelines agreed to by the Director of the
Administrative Office of the United States Courts and the
Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $48,500,000,
of which not to exceed $7,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $17,495,000; of which
$1,800,000 shall remain available through September 30, 1998,
to provide education and training to Federal court personnel;
and of which not to exceed $1,000 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $21,000,000, to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$7,300,000, and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$1,900,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$8,300,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Appropriations made in this title shall be
available for salaries and expenses of the Special Court
established under the Regional Rail Reorganization Act of
1973, Public Law 93-236.
Sec. 303. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in
this Act may be transferred between such appropriations, but
no such appropriation, except ``Courts of Appeals, District
Courts, and other Judicial Services, Defender Services'' and
``Courts of Appeals, District Courts, and other Judicial
Services, Fees of Jurors and Commissioners'', shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 304. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts,
courts of appeals, and other judicial services shall be
[[Page H8221]]
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $10,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in his capacity as Secretary of
the Judicial Conference.
Sec. 305. Section 612(l) of title 28, United States Code,
shall be amended as follows: strike ``1997'', and insert in
lieu thereof ``1998''.
This title may be cited as ``The Judiciary Appropriations
Act, 1997''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
expenses authorized by the State Department Basic Authorities
Act of 1956, as amended; representation to certain
international organizations in which the United States
participates pursuant to treaties, ratified pursuant to the
advice and consent of the Senate, or specific Acts of
Congress; acquisition by exchange or purchase of passenger
motor vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C.
481(c) and 22 U.S.C. 2674; and for expenses of general
administration; $1,705,000,000: Provided, That
notwithstanding section 140(a)(5), and the second sentence of
section 140(a)(3), of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236), not to
exceed $150,000,000 of fees may be collected during fiscal
year 1997 under the authority of section 140(a)(1) of that
Act: Provided further, That all fees collected under the
preceding proviso shall be deposited in fiscal year 1997 as
an offsetting collection to appropriations made under this
heading to recover the costs of providing consular services
and shall remain available until expended: Provided further,
That in fiscal year 1998, a system shall be in place that
allocates to each department and agency the full cost of its
presence outside of the United States.
Of the funds provided under this heading, $24,856,000 shall
be available only for the Diplomatic Telecommunications
Service for operation of existing base services and not to
exceed $17,230,000 shall be available only for the
enhancement of the Diplomatic Telecommunications Service and
shall remain available until expended. Of the latter amount,
$2,500,000 shall not be made available until expiration of
the 15 day period beginning on the date when the Secretary of
State and the Director of the Diplomatic Telecommunications
Service submit the pilot program report required by section
507 of Public Law 103-317.
In addition, not to exceed $700,000 in registration fees
collected pursuant to section 38 of the Arms Export Control
Act, as amended, may be used in accordance with section 45 of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2717); and in addition not to exceed $1,223,000 shall be
derived from fees collected from other executive agencies for
lease or use of facilities located at the International
Center in accordance with section 4 of the International
Center Act (Public Law 90-553), as amended; and in addition,
as authorized by section 5 of such Act, $450,000, to be
derived from the reserve authorized by that section, to be
used for the purposes set out in that section; and in
addition not to exceed $15,000 which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities in accordance with section 46 of the State of
Department Basic Authorities Act of 1956 (22 U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to exceed 20
percent of the amounts made available in this Act in the
appropriation accounts ``Diplomatic and Consular Programs''
and ``Salaries and Expenses'' under the heading
``Administration of Foreign Affairs'' may be transferred
between such appropriation accounts: Provided, That any
transfer pursuant to this sentence shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
salaries and expenses
For expenses necessary for the general administration of
the Department of State and the Foreign Service, provided for
by law, including expenses authorized by section 9 of the Act
of August 31, 1964, as amended (31 U.S.C. 3721), and the
State Department Basic Authorities Act of 1956, as amended,
$352,300,000.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$16,400,000, to remain available until expended, as
authorized in Public Law 103-236: Provided, That section
135(e) of Public Law 103-236 shall not apply to funds
appropriated under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended (5 U.S.C. App.), $27,495,000,
notwithstanding section 209(a)(1) of the Foreign Service Act
of 1980, as amended (Public Law 96-465), as it relates to
post inspections: Provided, That notwithstanding any other
provision of law, (1) the Office of Inspector General of the
United States Information Agency is hereby merged with the
Office of Inspector General of the Department of State; (2)
the functions exercised and assigned to the Office of
Inspector General of the United States Information Agency
before the effective date of this Act (including all related
functions) are transferred to the Office of Inspector General
of the Department of State; and (3) the Inspector General of
the Department of State shall also serve as the Inspector
General of the United States Information Agency.
representation allowances
For representation allowances as authorized by section 905
of the Foreign Service Act of 1980, as amended (22 U.S.C.
4085), $4,490,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services in accordance with the provisions of section 214 of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
4314) and 3 U.S.C. 208, $8,332,000, to remain available until
September 30, 1998.
security and maintenance of united states missions
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300), and
the Diplomatic Security Construction Program as authorized by
title IV of the Omnibus Diplomatic Security and Antiterrorism
Act of 1986 (22 U.S.C. 4851), $370,000,000, to remain
available until expended as authorized by section 24(c) of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2696(c)): Provided, That none of the funds appropriated in
this paragraph shall be available for acquisition of
furniture and furnishings and generators for other
departments and agencies.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service pursuant to the requirement of 31 U.S.C.
3526(e), $5,800,000, to remain available until expended as
authorized by section 24(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2696(c)), of which not to
exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms
and conditions.
repatriation loans program account
For the cost of direct loans, $593,000, as authorized by
section 4 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2671): Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974. In
addition, for administrative expenses necessary to carry out
the direct loan program, $663,000 which may be transferred to
and merged with the Salaries and Expenses account under
Administration of Foreign Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act, Public Law 96-8 (93 Stat. 14), $15,001,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $126,491,000.
International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions
or specific Acts of Congress, $875,000,000: Provided, That
any payment of arrearages shall be directed toward special
activities that are mutually agreed upon by the United States
and the respective international organization: Provided
further, That 20 percent of the funds appropriated in this
paragraph for the assessed contribution of the United States
to the United Nations shall be withheld from obligation and
expenditure until a certification is made under section
401(b) of Public Law 103-236 for fiscal year 1997: Provided
further, That certification under section 401(b) of Public
Law 103-236 for fiscal year 1997 may only be made if the
Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and International
Relations of the House of Representatives are notified of the
steps taken, and anticipated, to meet the requirements of
section 401(b) of Public Law 103-236 at least 15 days in
advance of the proposed certification: Provided further, That
none of the funds appropriated in this paragraph shall be
available for a United States contribution to an
international organization for the United States share of
interest costs made known to the United States Government by
such organization for loans incurred on or after October 1,
1984, through external borrowings: Provided further, That of
the funds appropriated in this paragraph, $80,000,000 may be
made available only on a quarterly basis and only after the
Secretary of State certifies on a quarterly basis that the
United Nations has taken no action to increase funding for
any United Nations program without identifying an offsetting
decrease elsewhere in the United Nations budget and cause the
United Nations to exceed its no growth budget for the
[[Page H8222]]
biennium 1996-1997 adopted in December, 1995: Provided
further, That notwithstanding section 402 of this Act, not to
exceed $10,000,000 may be transferred from the funds made
available under this heading to the ``International
Conferences and Contingencies'' account for assessed
contributions to new or provisional international
organizations: Provided further, That any transfer pursuant
to this paragraph shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $332,400,000, of which $50,000,000 is for payment
of arrearages accumulated in 1995, and which shall be
available only upon certification by the Secretary of State
that at least two of the following have been achieved: (1)
savings of at least $100,000,000 will be achieved in the
biennial expenses of the following United Nations divisions
and activities--the United Nations Conference on Trade and
Development, the Regional Economic Commissions, the
Department of Public Information, and the Department of
Conference Services, travel and overtime; (2) the number of
professional and general service staff employed by the United
Nations Secretariat at the conclusion of the 1996-1997
biennium will be at least ten percent below the number of
such positions on January 1, 1996; and (3) the United Nations
has adopted a budget outline for the 1998-1999 biennium that
is below $2,608,000,000; as part of a five-year program to
achieve major cost-saving reforms in the United Nations and
specialized agencies: Provided, That none of the funds made
available under this Act shall be obligated or expended for
any new or expanded United Nations peacekeeping mission
unless, at least fifteen days in advance of voting for the
new or expanded mission in the United Nations Security
Council (or in an emergency, as far in advance as is
practicable), (1) the Committees on Appropriations of the
House of Representatives and the Senate and other appropriate
Committees of the Congress are notified of the estimated cost
and length of the mission, the vital national interest that
will be served, and the planned exit strategy; and (2) a
reprogramming of funds pursuant to section 605 of this Act is
submitted, and the procedures therein followed, setting forth
the source of funds that will be used to pay for the cost of
the new or expanded mission: Provided further, That funds
shall be available for peacekeeping expenses only upon a
certification by the Secretary of State to the appropriate
committees of the Congress that American manufacturers and
suppliers are being given opportunities to provide equipment,
services, and material for United Nations peacekeeping
activities equal to those being given to foreign
manufacturers and suppliers.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation; as follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$18,490,000.
CONSTRUCTION
For detailed plan preparation and construction of
authorized projects, $6,463,000, to remain available until
expended, as authorized by section 24(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)).
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and for the Border Environment Cooperation
Commission as authorized by Public Law 103-182; $5,490,000,
of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint
Commission.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $10,450,000: Provided, That the United States' share of
such expenses may be advanced to the respective commissions,
pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by
section 501 of Public Law 101-246, $8,000,000, to remain
available until expended, as authorized by section 24(c) of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2696(c)).
RELATED AGENCIES
Arms Control and Disarmament Agency
arms control and disarmament activities
For necessary expenses not otherwise provided, for arms
control, nonproliferation, and disarmament activities,
$38,495,000, of which not to exceed $50,000 shall be for
official reception and representation expenses as authorized
by the Act of September 26, 1961, as amended (22 U.S.C. 2551
et seq.).
United States Information Agency
salaries and expenses
For expenses, not otherwise provided for, necessary to
enable the United States Information Agency, as authorized by
the Mutual Educational and Cultural Exchange Act of 1961, as
amended (22 U.S.C. 2451 et seq.), the United States
Information and Educational Exchange Act of 1948, as amended
(22 U.S.C. 1431 et seq.), and Reorganization Plan No. 2 of
1977 (91 Stat. 1636), to carry out international
communication, educational and cultural activities; and to
carry out related activities authorized by law, including
employment, without regard to civil service and
classification laws, of persons on a temporary basis (not to
exceed $700,000 of this appropriation), as authorized by
section 801 of such Act of 1948 (22 U.S.C. 1471), and
entertainment, including official receptions, within the
United States, not to exceed $25,000 as authorized by section
804(3) of such Act of 1948 (22 U.S.C. 1474(3)); $439,300,000:
Provided, That not to exceed $1,400,000 may be used for
representation abroad as authorized by section 302 of such
Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign
Service Act of 1980 (22 U.S.C. 4085): Provided further, That
not to exceed $7,615,000, to remain available until expended,
may be credited to this appropriation from fees or other
payments received from or in connection with English
teaching, library, motion pictures, student advising and
counseling, and publication programs as authorized by section
810 of such Act of 1948 (22 U.S.C. 1475e): Provided further,
That not to exceed $1,100,000 to remain available until
expended may be used to carry out projects involving security
construction and related improvements for agency facilities
not physically located together with Department of State
facilities abroad.
technology fund
For expenses necessary to enable the United States
Information Agency to provide for the procurement of
information technology improvements, as authorized by the
United States Information and Educational Exchange Act of
1948, as amended (22 U.S.C. 1431 et seq.), the Mutual
Educational and Cultural Exchange Act of 1961, as amended (22
U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977
(91 Stat. 1636), $5,050,000, to remain available until
expended.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized by the Mutual Educational and Cultural Exchange
Act of 1961, as amended (22 U.S.C. 2451 et seq.), and
Reorganization Plan No. 2 of 1977 (91 Stat. 1636),
$185,000,000, to remain available until expended as
authorized by section 105 of such Act of 1961 (22 U.S.C.
2455).
eisenhower exchange fellowship program trust fund
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 1997, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by 5 U.S.C. 5376; or for purposes which are
not in accordance with OMB Circulars A-110 (Uniform
Administrative Requirements) and A-122 (Cost Principles for
Non-profit Organizations), including the restrictions on
compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C.
2452), all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 1997, to remain
available until expended.
international broadcasting operations
For expenses necessary to enable the United States
Information Agency, as authorized by the United States
Information and Educational Exchange Act of 1948, as amended,
the United States International Broadcasting Act of 1994, as
amended, the Radio Broadcasting to Cuba Act, as amended, and
Reorganization Plan No. 2 of 1977, to carry out international
communication activities, including the purchase,
installation, rent, construction, or improvement of
facilities and equipment for radio transmission and reception
to Cuba; $335,700,000, of which not to exceed $16,000 may be
used for official receptions within the United States as
authorized by section 804(3) of such Act of 1948 (22 U.S.C.
1474(3)), not to exceed $35,000 may be used for
representation abroad as authorized by section 302 of such
Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign
Service Act of 1980 (22 U.S.C. 4085), and not to exceed
$39,000
[[Page H8223]]
may be used for official reception and representation
expenses of Radio Free Europe/Radio Liberty; and in addition,
not to exceed $250,000 from fees as authorized by section 810
of such Act of 1948 (22 U.S.C. 1475e), to remain available
until expended for carrying out authorized purposes; and in
addition, notwithstanding any other provision of law, not to
exceed $1,000,000 in monies received (including receipts from
advertising, if any) by or for the use of the United States
Information Agency from or in connection with broadcasting
resources owned by or on behalf of the Agency, to be
available until expended for carrying out authorized
purposes.
radio construction
For the purchase, rent, construction, and improvement of
facilities for radio transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception as authorized by
section 801 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1471), $39,000,000, to remain
available until expended, as authorized by section 704(a) of
such Act of 1948 (22 U.S.C. 1477b(a)).
National Endowment for Democracy
For grants made by the United States Information Agency to
the National Endowment for Democracy as authorized by the
National Endowment for Democracy Act, $30,000,000, to remain
available until expended.
General Provisions--Department of State and Related Agencies
Sec. 401. Funds appropriated under this title shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of 5 U.S.C.; for
services as authorized by 5 U.S.C. 3109; and hire of
passenger transportation pursuant to 31 U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That not to
exceed 5 percent of any appropriation made available for the
current fiscal year for the United States Information Agency
in this Act may be transferred between such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers: Provided further, That any transfer pursuant
to this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. Funds hereafter appropriated or otherwise made
available under this Act or any other Act may be expended for
compensation of the United States Commissioner of the
International Boundary Commission, United States and Canada,
only for actual hours worked by such Commissioner.
Sec. 404. Funds appropriated by this Act for the United
States Information Agency, the Arms Control and Disarmament
Agency, and the Department of State may be obligated and
expended notwithstanding section 701 of the United States
Information and Educational Exchange Act of 1948 and section
313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995, section 53 of the Arms Control and Disarmament
Act, and section 15 of the State Department Basic Authorities
Act of 1956.
Sec. 405. Any costs incurred by a Department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title shall be absorbed within the total budgetary resources
available to such Department or agency: Provided, That the
authority to transfer funds between appropriations accounts
as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 406. None of the Funds made available by this Act or
any other Act may be made available to support the
negotiating activities of the Standing Consultative
Commission (SCC) or to implement agreements, amendments, or
understandings to the Anti-Ballistic Missile Treaty of 1972
(hereafter referred to as the ``ABM Treaty'') reached after
January 1, 1996 by the Standing Consultative Commission or
pursuant to United States-Russian bilateral discussions
regarding the establishment of a demarcation between theater
missile defense systems and anti-ballistic missile systems
for the purposes of the ABM Treaty or multilateralization of
the ABM Treaty unless the President certifies to the Congress
that any amendments, agreements, or understandings reached
pursuant to these activities or discussions will be submitted
to the Senate for its advice and consent.
This title may be cited as the ``Department of State and
Related Agencies Appropriations Act, 1997''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
operating-differential subsidies
(liquidation of contract authority)
For the payment of obligations incurred for operating-
differential subsidies, as authorized by the Merchant Marine
Act, 1936, as amended, $148,430,000, to remain available
until expended.
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $63,000,000, to remain available until
expended: Provided, That these funds will be available only
upon enactment of an authorization for this program.
operations and training
For necessary expenses of operations and training
activities authorized by law, $62,300,000: Provided, That
reimbursements may be made to this appropriation from
receipts to the ``Federal Ship Financing Fund'' for
administrative expenses in support of that program in
addition to any amount heretofore appropriated.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the
Merchant Marine Act, 1936, $37,450,000, to remain available
until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $1,000,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $3,450,000, which
shall be transferred to and merged with the appropriation for
Operations and Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities
and services and make necessary repairs in connection with
any lease, contract, or occupancy involving Government
property under control of the Maritime Administration, and
payments received therefor shall be credited to the
appropriation charged with the cost thereof: Provided, That
rental payments under any such lease, contract, or occupancy
for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal
year from the construction fund established by the Merchant
Marine Act, 1936, or otherwise, in excess of the
appropriations and limitations contained in this Act or in
any prior appropriation Act, and all receipts which otherwise
would be deposited to the credit of said fund shall be
covered into the Treasury as miscellaneous receipts.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of
America's Heritage Abroad, $206,000, as authorized by Public
Law 99-83, section 1303.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $8,740,000:
Provided, That not to exceed $50,000 may be used to employ
consultants: Provided further, That none of the funds
appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the Chairperson who is permitted 125 billable
days.
Commission on Immigration Reform
salaries and expenses
For necessary expenses of the Commission on Immigration
Reform pursuant to section 141(f) of the Immigration Act of
1990, $2,196,000, to remain available until expended.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$1,090,000, to remain available until expended as authorized
by section 3 of Public Law 99-7.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, as amended (29 U.S.C. 206(d) and 621-634), the
Americans with Disabilities Act of 1990, and the Civil Rights
Act of 1991, including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); non-monetary awards to private citizens; not
to exceed $26,500,000, for payments to State and local
enforcement agencies for services to the Commission pursuant
to title VII of the Civil Rights Act of 1964, as amended,
sections 6 and 14 of the Age Discrimination in Employment
Act, the Americans with Disabilities Act of 1990, and the
Civil Rights Act of 1991; $232,740,000: Provided, That the
Commission is authorized to make available for official
reception and representation expenses not to exceed $2,500
from available funds.
[[Page H8224]]
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-02; not
to exceed $600,000 for land and structure; not to exceed
$500,000 for improvement and care of grounds and repair to
buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed sixteen) and
hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109; $185,619,000, of which not to
exceed $300,000 shall remain available until September 30,
1998, for research and policy studies: Provided, That
$126,400,000 of offsetting collections shall be assessed and
collected pursuant to section 9 of title I of the
Communications Act of 1934, as amended, and shall be retained
and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That
the sum herein appropriated shall be reduced as such
offsetting collections are received during fiscal year 1997
so as to result in a final fiscal year 1997 appropriation
estimated at $59,219,000: Provided further, That any
offsetting collections received in excess of $126,400,000 in
fiscal year 1997 shall remain available until expended, but
shall not be available for obligation until October 1, 1997:
Provided further, That none of the funds appropriated by this
Act shall be used to deny or delay action on a license,
license transfer or assignment, or license renewal for any
religious or religiously affiliated entity on the basis that
its recruitment or hiring of full or part time employees for
any position at a broadcast facility licensed to such entity
is or was limited to persons of a particular religion or
having particular religious knowledge, training, or
interests: Provided further, That the preceding proviso shall
not apply with respect to any appeal from a decision of any
administrative law judge rendered on September 15, 1995.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act of
1936, as amended (46 App. U.S.C. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-02;
$11,000,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses;
$85,930,000: Provided, That not to exceed $300,000 shall be
available for use to contract with a person or persons for
collection services in accordance with the terms of 31 U.S.C.
3718, as amended: Provided further, That notwithstanding any
other provision of law, not to exceed $58,905,000 of
offsetting collections derived from fees collected for
premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
General Fund shall be reduced as such offsetting collections
are received during fiscal year 1997, so as to result in a
final fiscal year 1997 appropriation from the General Fund
estimated at not more than $27,025,000, to remain available
until expended: Provided further, That any fees received in
excess of $58,905,000 in fiscal year 1997 shall remain
available until expended, but shall not be available for
obligation until October 1, 1997: Provided further, That none
of the funds made available to the Federal Trade Commission
shall be available for obligation for expenses authorized by
section 151 of the Federal Deposit Insurance Corporation
Improvement Act of 1991 (Public Law 102-242, 105 Stat. 2282-
2285).
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
as amended, $141,000,000, of which $134,575,000 is for basic
field programs and required independent audits; $1,125,000 is
for the Office of the Inspector General, of which such
amounts as may be necessary may be used to conduct additional
audits of recipients; and $5,300,000 is for management and
administration.
Administrative Provisions--Legal Services Corporation
Sec. 501. (a) Continuation of Competitive Selection
Process.--None of the funds appropriated in this Act to the
Legal Services Corporation may be used to provide financial
assistance to any person or entity except through a
competitive selection process conducted in accordance with
regulations promulgated by the Corporation in accordance with
the criteria set forth in subsections (c), (d), and (e) of
section 503 of Public Law 104-134 (110 Stat. 1321-130 et
seq.).
(b) Inapplicability of Noncompetitive Procedures.--For
purposes of the funding provided in this Act, rights under
sections 1007(a)(9) and 1011 of the Legal Services
Corporation Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j)
shall not apply.
Sec. 502. (a) Continuation of Requirements and
Restrictions.--None of the funds appropriated in this Act to
the Legal Services Corporation shall be expended for any
purpose prohibited or limited by, or contrary to any of the
provisions of--
(1) sections 501, 502, 505, 506, and 507 of Public Law 104-
134 (101 Stat. 1321-127 et seq.), and all funds appropriated
in this Act to the Legal Services Corporation shall be
subject to the same terms and conditions as set forth in such
sections, except that all references in such sections to 1995
and 1996 shall be deemed to refer instead to 1996 and 1997,
respectively; and
(2) section 504 of Public Law 104-134 (101 Stat. 1321-132
et seq.), and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such section, except that--
(A) subsection (c) of such section 504 shall not apply;
(B) paragraph (3) of section 508(b) of Public Law 104-134
(101 Stat. 1321-147) shall apply with respect to the
requirements of subsection (a)(13) of such section 504,
except that all references in such section 508(b) to the date
of enactment shall be deemed to refer to April 26, 1996; and
(C) subsection (a)(11) of such section 504 shall not be
construed to prohibit a recipient from using funds derived
from a source other than the Corporation to provide related
legal assistance to--
(i) an alien who has been battered or subjected to extreme
cruelty in the United States by a spouse or a parent, or by a
member of the spouse's or parent's family residing in the
same household as the alien and the spouse or parent
consented or acquiesced to such battery or cruelty; or
(ii) an alien whose child has been battered or subjected to
extreme cruelty in the United States by a spouse or parent of
the alien (without the active participation of the alien in
the battery or extreme cruelty), or by a member of the
spouse's or parent's family residing in the same household as
the alien and the spouse or parent consented or acquiesced to
such battery or cruelty, and the alien did not actively
participate in such battery or cruelty.
(b) Definitions.--For purposes of subsection (a)(2)(C):
(1) The term ``battered or subjected to extreme cruelty''
has the meaning given such term under regulations issued
pursuant to subtitle G of the Violence Against Women Act of
1994 (Pub. L. 103-322; 108 Stat. 1953).
(2) The term ``related legal assistance'' means legal
assistance directly related to the prevention of, or
obtaining of relief from, the battery or cruelty described in
such subsection.
Sec. 503. (a) Continuation of Audit Requirements.--The
requirements of section 509 of Public Law 104-134 (101 Stat.
1321-146 et seq.), other than subsection (l) of such section,
shall apply during fiscal year 1997.
(b) Requirement of Annual Audit.--An annual audit of each
person or entity receiving financial assistance from the
Legal Services Corporation under this Act shall be conducted
during fiscal year 1997 in accordance with the requirements
referred to in subsection (a).
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, as amended,
$975,000.
National Bankruptcy Review Commission
salaries and expenses
For necessary expenses of the National Bankruptcy Review
Commission, as authorized by the Bankruptcy Reform Act of
1994, $500,000.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,000 for official reception and representation expenses,
$277,021,000, of which not to exceed $10,000 may be used
toward funding a permanent secretariat for the International
Organization of Securities Commissions, and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations, appropriate representatives and staff
to exchange views concerning developments relating to
securities matters, development and implementation of
cooperation agreements concerning securities matters and
provision of technical assistance for the development of
foreign securities markets, such expenses to include
necessary logistic and administrative expenses and the
expenses of Commission staff and foreign invitees in
attendance at such consultations and meetings including (1)
such incidental expenses as meals taken in the course of such
attendance, (2) any travel and transportation to or from such
meetings, and (3) any other related lodging or subsistence:
Provided, That immediately upon enactment of this Act, the
rate of fees under section 6(b) of the Securities Act of 1933
(15 U.S.C. 77f(b))
[[Page H8225]]
shall increase from one-fiftieth of one percentum to one-
thirty-third of one percentum, and such increase shall be
deposited as an offsetting collection to this appropriation,
to remain available until expended, to recover costs of
services of the securities registration process: Provided
further, That immediately upon enactment of this Act or
September 1, 1996, whichever occurs later, every national
securities association shall pay to the Commission a fee at a
rate of one-eight-hundredth of one percentum for each
$1,000,000 of the aggregate dollar amount of sales transacted
by or through any member of such association otherwise than
on a national securities exchange (other than bonds,
debentures, and other evidences of indebtedness) subject to
prompt last sale reporting pursuant to the rules of the
Commission or a registered national securities association,
excluding any sales for which a fee is paid under section 31
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee), and
such increase shall be deposited as an offsetting collection
to this appropriation, to remain available until expended, to
recover the costs to the Government of the supervision and
regulation of securities markets and securities
professionals: Provided further, That the fee due from every
national securities association shall be paid (1) on or
before March 15, 1997, with respect to transactions occurring
during the period beginning immediately upon enactment of
this Act or September 1, 1996, whichever occurs later, and
ending at the close of December 31, 1996; and (2) on or
before September 30, 1997, with respect to transactions and
sales occurring during the period beginning on January 1,
1997, and ending at the close of August 31, 1997: Provided
further, That the total amount appropriated for fiscal year
1997 under this heading shall be reduced as all such
offsetting fees are deposited to this appropriation so as to
result in a final total fiscal year 1997 appropriation from
the General Fund estimated at not more than $83,047,000:
Provided further, That any such fees collected in excess of
$193,974,000 shall remain available until expended but shall
not be available for obligation until October 1, 1997.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law
103-403, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344, and not to exceed
$3,500 for official reception and representation expenses,
$214,419,000, of which $94,218,000 shall be available for the
non-credit programs of the Small Business Administration,
including $3,000,000 which shall only be available for
obligation and expenditure for projects jointly developed,
implemented and administered with the Minority Business
Development Agency of the Department of Commerce: Provided,
That the Administrator is authorized to charge fees to cover
the cost of publications developed by the Small Business
Administration, and certain loan servicing activities:
Provided further, That notwithstanding 31 U.S.C. 3302,
revenues received from all such activities shall be credited
to this account, to be available for carrying out these
purposes without further appropriations.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended (5 U.S.C. App. 1-11, as amended by Public
Law 100-504), $8,900,000.
business loans program account
For the cost of direct loans, $2,792,000, and for the cost
of guaranteed loans, $161,876,000, as authorized by 15 U.S.C.
631 note, of which $1,216,000, to be available until
expended, shall be for the Microloan Guarantee Program, and
of which $40,510,000 shall remain available until September
30, 1998: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
during fiscal year 1997, commitments to guarantee loans under
section 503 of the Small Business Investment Act of 1958, as
amended, shall not exceed the amount of financings authorized
under section 20(n)(2)(B) of the Small Business Act, as
amended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $93,485,000, which may
be transferred to and merged with the appropriations for
Salaries and Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of
the Small Business Act, as amended, $105,432,000, to remain
available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out the
direct loan program, $100,578,000, including not to exceed
$500,000 for the Office of Inspector General of the Small
Business Administration for audits and reviews of disaster
loans and the disaster loan program, and said sums may be
transferred to and merged with appropriations for Salaries
and Expenses and Office of Inspector General.
surety bond guarantees revolving fund
For additional capital for the ``Surety Bond Guarantees
Revolving Fund'', authorized by the Small Business Investment
Act, as amended, $3,730,000, to remain available without
fiscal year limitation as authorized by 15 U.S.C. 631 note.
administrative provision--small business administration
Sec. 504. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 1997, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds which (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or
activities; or (6) contracts out or privatizes any functions,
or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of
Congress are notified fifteen days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 1997, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a
change in existing programs, activities, or projects as
approved by Congress; unless the Appropriations Committees of
both Houses of Congress are notified fifteen days in advance
of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency
repair), overhaul, conversion, or modernization of vessels
for the National Oceanic and Atmospheric Administration in
shipyards located outside of the United States.
Sec. 607. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
Sec. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines
of the Equal Employment Opportunity Commission covering
harassment based on religion, when it is made known to the
Federal entity or official to which such funds are made
available that such guidelines do not differ in any respect
from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay for
any cost incurred for (1) opening or operating any United
States diplomatic or consular post in the Socialist Republic
of Vietnam that was not operating on July 11, 1995; (2)
expanding any United States diplomatic or consular post in
the Socialist Republic of Vietnam that was
[[Page H8226]]
operating on July 11, 1995; or (3) increasing the total
number of personnel assigned to United States diplomatic or
consular posts in the Socialist Republic of Vietnam above the
levels existing on July 11, 1995, unless the President
certifies within 60 days, based upon all information
available to the United States Government that the Government
of the Socialist Republic of Vietnam is cooperating in full
faith with the United States in the following four areas:
(1) Resolving discrepancy cases, live sightings and field
activities,
(2) Recovering and repatriating American remains,
(3) Accelerating efforts to provide documents that will
help lead to fullest possible accounting of POW/MIA's.
(4) Providing further assistance in implementing trilateral
investigations with Laos.
Sec. 610. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or
expend such funds (1) that the United Nations undertaking is
a peacekeeping mission, (2) that such undertaking will
involve United States Armed Forces under the command or
operational control of a foreign national, and (3) that the
President's military advisors have not submitted to the
President a recommendation that such involvement is in the
national security interests of the United States and the
President has not submitted to the Congress such a
recommendation.
Sec. 611. None of the funds made available in this Act
shall be used to provide the following amenities or personal
comforts in the Federal prison system--
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC-17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or
training equipment for boxing, wrestling, judo, karate, or
other martial art, or any bodybuilding or weightlifting
equipment of any sort;
(4) possession of in-cell coffee pots, hot plates, or
heating elements; or
(5) the use or possession of any electric or electronic
musical instrument.
Sec. 612. None of the funds made available in title II for
the National Oceanic and Atmospheric Administration under the
heading ``Fleet Modernization, Shipbuilding and Conversion''
may be used to implement sections 603, 604, and 605 of Public
Law 102-567.
Sec. 613. None of the funds made available in this Act may
be used for ``USIA Television Marti Program'' under the
Television Broadcasting to Cuba Act or any other program of
United States Government television broadcasts to Cuba, when
it is made known to the Federal official having authority to
obligate or expend such funds that such use would be
inconsistent with the applicable provisions of the March 1995
Office of Cuba Broadcasting Reinventing Plan of the United
States Information Agency.
Sec. 614. Any costs incurred by a Department or agency
funded under this Act resulting from personnel actions taken
in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to
such Department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be
necessary to carry out this section is provided in addition
to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
This Act may be cited as the ``Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1997.''.
The CHAIRMAN. No further amendments shall be in order except the
following amendments, which shall be considered read, shall not be
subject to amendment or to a demand for division of the question, and
shall be debatable for the time specified, equally divided and
controlled by the proponent and a Member opposed:
Amendment No. 10 by the gentleman from Indiana [Mr. Hostettler], for
10 minutes.
An amendment by the gentlewoman from Texas [Ms. Jackson-Lee],
regarding the National Telecommunications and Information
Administration, for 15 minutes;
Amendment No. 11 by the gentlewoman from Hawaii [Mrs. Mink], for 10
minutes;
An amendment by the gentleman from Kentucky [Mr. Rogers], regarding
NOAA, for 10 minutes;
An amendment by the gentleman from New York [Mr. Engel], regarding
Public Broadcasting grants, for 10 minutes;
An amendment No. 20 by the gentleman from California [Mr. Brown], for
20 minutes;
An amendment by the gentleman from Colorado [Mr. Allard], regarding
the Technology Administration, for 10 minutes;
An amendment by the gentleman from Florida [Mr. Goss], regarding EDA,
for 10 minutes;
An amendment by the gentleman from Illinois [Mr. Porter], regarding
Asia Broadcasting, for 20 minutes;
An amendment by the gentleman from Wisconsin [Mr. Obey], regarding
the ABM Treaty, for 15 minutes;
An amendment No. 19 by the gentleman from Ohio [Mr. Traficant], for 5
minutes;
Amendment No. 28 by the gentleman from Minnesota [Mr. Gutknecht], for
20 minutes;
An amendment by the gentleman from Florida [Mr. Deutsch], regarding
COPS, for 10 minutes;
An amendment by the gentleman from Nevada [Mr. Ensign], regarding
sexually explicit material in prisons, for 10 minutes;
Amendment No. 5 by the gentleman from Massachusetts [Mr. Frank], for
20 minutes;
Amendment No. 6 by the gentleman from Massachusetts [Mr. Frank], for
20 minutes;
Amendment No. 16 by the gentleman from Iowa [Mr. Ganske], for 20
minutes;
Amendment No. 17 by the gentleman from Pennsylvania [Mr. Gekas], for
10 minutes;
Amendment No. 33 by the gentlewoman from the District of Columbia
[Ms. Norton], for 20 minutes;
An amendment by the gentlewoman from Florida [Mrs. Fowler], regarding
COPS, for 10 minutes;
An amendment by the gentleman from Georgia [Mr. Collins], regarding
Federal prison industries, for 15 minutes;
An amendment by the gentleman from Arkansas [Mr. Hutchinson],
regarding deaths in prisons, for 10 minutes; and
An amendment by the gentleman from Florida [Mr. Miller], for 10
minutes.
{time} 2130
Pursuant to the announcement just made by the gentleman from
Kentucky, there are six amendments which will be considered yet this
evening.
Does the gentleman from Kentucky intend to suggest one amendment over
another or does he wish it simply be subject to recognition by the
Chair?
Mr. ROGERS. Mr. Chairman, I would prefer the latter, that we would
call them up as we see fit, as they become ready. Let me reiterate,
though, that the only six amendments that we plan to bring up tonight
are the ones that I read off: The gentleman from Florida [Mr. Goss],
the gentlewoman from Hawaii [Mrs. Mink], the gentleman from Florida
[Mr. Miller], the gentleman from New York [Mr. Engel], the gentleman
from Illinois [Mr. Porter], and the gentleman from Ohio [Mr.
Traficant]. No votes will be taken tonight. If any votes are required,
we will roll them until tomorrow. All other amendments other than these
six will be brought up tomorrow, so Members can feel free, if they do
not want to participate in these six amendments, to go to their offices
or retire.
Amendment Offered by Mr. Goss
Mr. GOSS. Mr. Chairman, I offer an amendment.
Mr. CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Goss: Page 48, line 7, after the
dollar amount, insert the following: ``(reduced by
$98,550,000)''.
The CHAIRMAN. Pursuant to the order of the House today, the gentleman
from Florida [Mr. Goss] will be recognized for 5 minutes and a Member
in opposition will be recognized for 5 minutes.
The Chair recognizes the gentleman from Florida [Mr. Goss].
Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this amendment cuts 30 percent from the Economic
Development Administration assistance programs. This would provide the
American taxpayer with $98.5 million dollars in discretionary savings.
Citizens Against Government Waste has endorsed this amendment.
As we work to balance the budget, I think it is imperative that we
prioritize our limited resources. When considering further funding for
any program or agency, we must ask ourselves some very basic questions.
Is this a Federal responsibility? Does it
[[Page H8227]]
work? Can we afford it? As noted during debate on the Hostettler
amendment, I contend the EDA failed on all three counts.
The EDA's programs do not provide a good return on investment. An
April 1996 GAO report could not find a single study that showed a
causal relationship between Federal economic development assistance and
a community's economic growth, not a single instance in a GAO April
1996 report.
The EDA's programs are too costly and too slow to do much good. An
analysis of the Emergency Jobs Act of 1983 revealed that only 84
previously unemployed people received jobs under the program at a cost
of $307,000 per job, which is frankly about 7 times the cost of a job
created in the private sector, and indefensible.
Inspector General reports demonstrate the volume of EDA grants and
programs. Through an EDA grant in New York, the Federal Government
helped to construct an Olympic hockey rink that the team never used,
created no new jobs and was so replete with sweetheart deals and
corruption that the county executive was convicted in Federal court on
three felony counts. All of this for a cost of $10.2 million of the
taxpayers dollars.
While EDA's impact has been dubious at best, funding in this bill has
been maintained at last year's level. My amendment is simple. I seek a
responsible cut for EDA to ensure that we target our resources on what
are truly vital and effective programs while phasing out the low-
priority ones.
EDA boosters have claimed money is needed to offset job losses caused
by base closures. Under my amendment, more than enough money would
remain for this purpose. I understand that less than one-tenth of their
money has gone for that purpose. There have been claims that money is
needed for natural disasters. Again, more than enough money would
remain for this function under my amendment.
The House voted last year to eliminate EDA as part of our
congressional budget resolution. The agency has gone without
authorization since 1982. Let me repeat that. This has not been
authorized since 1982. Over 100 Members have cosponsored legislation to
eliminate the Commerce Department and EDA as well, of course.
Given these facts, I certainly think a 30-percent cut is appropriate
and reasonable toward an eventual phaseout. This is a responsible cut
consistent with our efforts to balance the budget and streamline
wasteful agencies and programs. The EDA needs to be scaled back. I
encourage a ``yes'' vote on my amendment.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Who seeks time in opposition?
Mr. ROGERS. Mr. Chairman, I do.
The CHAIRMAN. The gentleman from Kentucky [Mr. Rogers] is recognized
for 5 minutes.
Mr. ROGERS. Mr. Chairman, I yield 2 minutes of that 5 minutes to the
gentleman from West Virginia [Mr. Mollohan], and I ask unanimous
consent that he be permitted to control that time.
The CHAIRMAN. Is there objection to the request of the gentleman from
Kentucky?
There was no objection.
Mr. ROGERS. Mr. Chairman, I yield 1 minute to the gentleman from New
York [Mr. Boehlert].
(Mr. BOEHLERT asked and was given permission to revise and extend his
remarks.)
Mr. BOEHLERT. Mr. Chairman, there is a very basic reason why this
House by a vote of 328-99 just rejected an amendment to eliminate
funding from EDA. Let me point out that this is an increase in support
for EDA over last year. Why? Because EDA is an agency who has as its
mission preserving existing jobs and creating additional jobs in areas
of distress. Let me point out that we are cutting back military
installations all over this country to save dollars. EDA has 27 percent
of its total budget allocated to help these distressed communities
recover from this devastating blow.
Mr. Chairman, the favorite four-letter word of many of us in this
Chamber, and it is a word you can use in polite company, that favorite
four-letter word is jobs. EDA, the Economic Development Administration,
is an agency that has proven year after year that it is working with
communities in partnership to help preserve jobs, to help create new
jobs, and it very much deserves our support.
Mr. MOLLOHAN. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Virginia [Mr. Payne].
Mr. PAYNE of Virginia. Mr. Chairman, I rise in strong opposition to
this amendment. The Economic Development Administration is extremely
effective in helping distressed communities attract industries and
jobs.
One stellar example of this effectiveness can be found in my own
Congressional District. Henry County, Virginia, used an EDA grant to
prepare a site for an industrial park. The EDA grant was matched by
$740,000 in state and local money and attracted private sector
investment of $68 million. As a result, 550 people now work at the site
in 6 different businesses. The site would be an empty lot today if not
for that initial commitment from the EDA.
Mr. Chairman, my district is not unique. The EDA is targeted,
effective and locally-driven. The EDA works in partnership with local
leaders and the private sector to foster economic growth for our
citizens in distressed areas. Since its inception, the EDA has helped
to create and retain nearly 3 million private sector jobs. Clearly, the
EDA is an important, cost-effective agency--one that we should support,
not cut.
I urge my colleagues to oppose the amendment.
Mr. GOSS. Mr. Chairman, I yield 1 minute to the distinguished
gentleman form Colorado [Mr. Hefley].
Mr. HEFLEY. Mr. Chairman, I will give you the four-letter word that
the EDA stands for, and that is pork. That is pork, my friends. The
reason that there is such support for it, there is no other program we
fund that gives you the opportunity to take home to your constituents
the pork that can show them what a great job you are doing for them
than the EDA.
In 1991 the Economic Development Administration received $209
million. In the years that have followed the EDA has averaged about
double that amount. This year the Committee on Appropriations is
scaling down the EDA by giving it only $348 million.
Is this what Congress calls balancing the budget? Is promulgating a
wasteful and mismanaged agency like the EDA considered fiscally
responsible? Surely this was not what was intended when the EDA was
created to assist the most economically distressed communities in the
Nation.
By cutting the EDA by 30 percent, it will be forced to focus its
attention on the truly needy areas of the country. Okay, so the
complete cutout of it was not acceptable to this body, but certainly
the 30 percent cut in this climate of trying to balance the budget is
reasonable. I encourage Members to support the Goss amendment.
Mr. ROGERS. Mr. Chairman, I yield 1 minute to the gentleman from
Massachusetts [Mr. Blute].
Mr. BLUTE. Mr. Chairman, last year the House sent a message that we
believe in the Economic Development Administration's success in
stimulating the economies of cities and towns all cross this country.
By an overwhelming margin of 310 to 115, the House voted for investing
in our economy and creating more jobs and against shortsighted cuts.
Over the years the EDA has helped create or retain more than 2.9
million jobs. In my own State, a minor investment in equipment for a
biotechnology incubator has resulted in the creation of more than 20
companies and 2,000 jobs. These jobs pay income taxes to the States as
well as the Federal Government, helping to boost revenues and create
jobs.
Building on examples like that, the EDA has achieved an outstanding
record of leveraging its funds to attract private dollars at a ratio of
3-to-1. In addition, the EDA has managed to keep overhead below 8
percent, guaranteeing that $12 of every $13 appropriated is invested in
the States. I oppose this amendment.
Mr. MOLLOHAN. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from West Virginia [Mr. Wise].
Mr. WISE. Mr. Chairman, I oppose a one-third cut in the EDA. First of
all, you can cut it back so that it is not effective at all, and that
is what this amendment would do. This bill is also
[[Page H8228]]
less than what the President requested. The EDA has taken already a 13-
percent reduction in force in its headquarters staff, for an effective
total of a 20-percent reduction already in its employees.
But I would ask, would you deny communities across the country the
kind of successful projects, for instance, such as the Putnam County
feasibility study to look at the feasibility of building a
multimillion-dollar airport or the Randolph County Wood Technology
Institute, already listed by one company as a major reason for moving
to Randolph County? Or the water system extension in Hardy County that
permitted hundreds of new jobs in poultry processing to be created? Or
the grant to the Martinsburg Eastern Regional Airport that will create
hundreds of jobs in a jet production facility? Would you deny those to
future communities that are looking to create jobs? I think not. That
is why this cut of this magnitude should not be passed.
Mr. GOSS. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, we are not denying those jobs. Those are jobs that are
worthwhile. They will stand on their own merit and there will be plenty
of money in this program under this amendment should it pass and it
should.
I have been told that this is about need. Here I am looking at a
community where the average per capita income is $37,500, they got a
grant for $750,000 for a storm sewer system. I think they could afford
it themselves.
I am taking a look at a GAO report that says, ``In our review of the
literature available, we were unavailable to find any study that
established a strong causal linkage between a positive economic effect
and an agency's economic development assistance.''
Here we have got an IG report that says with regard to base closings
that ``base closures or convert defense technology to civilian
applications appeared limited'' and a disproportionate share were in a
few areas. What we have got is a program that does not work very well.
It is time to prioritize it. It is time to understand it. It is time to
start phasing it back.
{time} 2145
That is all we seek to do. We do not seek to remove any good jobs. We
all are for good jobs. I urge support of this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. ROGERS. Mr. Chairman, I urge a ``no'' vote on this amendment.
Mr. Chairman, I yield the balance of my time to the gentleman from
Maryland [Mr. Gilchrest].
Mr. GILCHREST. Mr. Chairman, I thank the gentleman for yielding me
the time.
Mr. Chairman, I would say something about the GAO report. They
themselves have concluded that the standards they set for EDA were
impossible to meet because no other Federal agency or department in the
Federal Government could meet those standards. Can poor communities,
poor families build industrial parks? The answer to that is no. We
target these resources not only to closed bases, but we target these
resources to defense contractors that have left communities. Almost all
the increase in these dollars over the past few years have gone to
defense adjustment assistance programs where communities need these
monies. We vote to cut defense, we vote to close bases. We as a Federal
Government should be a part of the team that helps enhance job
creation. I urge a ``no'' vote on this amendment.
The CHAIRMAN. All time has expired.
The question is on the amendment offered by the gentleman from
Florida [Mr. Goss].
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. GOSS. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to House Resolution 479, further proceedings
on the amendment offered by the gentleman from Florida [Mr. Goss] will
be postponed.
amendment offered by mr. porter
Mr. ROGERS. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Porter: Page 88, line 6, insert
before the period the following: ``: Provided, That, of the
amount provided under this heading, $9,300,000 may be made
available for grants for the operating costs of Radio Free
Asia under section 309 of the United States International
Broadcasting Act of 1994''.
The CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Illinois [Mr. Porter] and a Member opposed each will be
recognized for 10 minutes.
The Chair recognizes the gentleman from Illinois [Mr. Porter].
Mr. PORTER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, for all the time I have been in Congress I have been a
very strong supporter of the Voice of America and the surrogate radios.
Two years ago, the Congress authorized the creation of Radio Free Asia,
Asia Pacific Radio that would broadcast messages of hope and truth and
freedom to the repressive societies in China, Burma, the Chinese in
Tibet, in Laos, Cambodia, North Korea, and Vietnam.
We funded Radio Free Asia for $5 million in 1995, in 1996, and we now
have agreed to a funding level of up to $9.3 million in the amendment
that I have offered. While there is a great deal of discussion about
how Radio Free Asia will be organized and will conduct its business,
there has been, I think, great progress made in the selection of
Richard Richter as its chair and progress in pulling together a staff
that I think will be very, very worthy of the surrogate radios that we
have seen broadcasting in the past.
I would say that this Congress and most particularly this
administration has done very little to address the ongoing human rights
abuses in that part of the world and that a surrogate radio, Radio Free
Asia, Asia Pacific Radio, will go a great deal of the way toward
preserving hope for those people who believe in freedom and democracy
and human rights and the rule of law in a part of the world where all
too often authoritarian regimes prevail. I would commend the adoption
of this amendment to the House.
Mr. ROGERS. Mr. Chairman, will the gentleman yield?
Mr. PORTER. I yield to the gentleman from Kentucky.
Mr. ROGERS. Mr. Chairman, I think the gentleman has offered an
excellent amendment. We are in favor of the amendment. I urge its
adoption and commend the gentleman for his career-long work on this
project.
Mr. SOLOMON. Mr. Chairman, will the gentleman yield?
Mr. PORTER. I yield to the gentleman from New York.
Mr. SOLOMON. Mr. Chairman, let me just say I really commend the
gentleman for bringing this here. Mr. Chairman, we all know the great
success of surrogate broadcasting to the former Soviet bloc by Radio
Liberty and Radio Free Europe. It was so effective, just ask any
freedom fighter in that part of the world, and they will say that
democracy would not be breaking out all over Europe today if it were
not for Radio Free Europe.
We still have these oppressive regimes like the military dictatorship
in Burma, the totalitarian Communist regimes in North Korea, Indochina,
and Mainland China. Literally billions of people are still oppressed
and largely cut off from the outside world. We need this legislation,
and my heart goes out to the gentleman for offering this amendment. It
is badly needed.
Mr. PORTER. Mr. Chairman, I rise in strong support of this amendment
by the gentleman from Illinois [Mr. Porter] to increase funding for
Radio Free Asia for up to $9.3 million.
Mr. Chairman, we all know the great success of surrogate broadcasting
to the former Soviet bloc by Radio Liberty and Radio Free Europe.
There just isn't a freedom fighter in that part of the world who
won't tell you how instrumental those radios were in keeping the flame
of freedom burning in the hearts of the peoples of those former captive
nations.
Unfortunately, we still have captive nations and many of them are in
Asia.
From the harsh military dictatorship in Burma to the totalitarian
Communist regimes in North Korea, Indochina, and mainland China,
literally billions of people are still oppressed and largely cut off
from the outside world.
Surrogate broadcasting in the form of Radio Free Asia is the beacon
of hope that these people need and that their rulers fear.
[[Page H8229]]
That is why Congress created it with bipartisan support in 1994.
With the radio scheduled to come on line in the near future, now is
no time to shortchange its funding.
That is why we need the Porter amendment.
Mr. Chairman, we've heard a lot of talk recently about engagement
with certain Asian countries.
Well, this is real engagement--direct contact with the broad masses
of Asia, without government interference.
It will go a long way toward bringing freedom to that part of the
world, and that is why I lend my strong support to this amendment.
Mr. Chairman, I include the following ``Dear Colleague'' for the
Record:
House of Representatives,
Washington, DC, July 23, 1996.
the fruits of engagement, cont'd
Dear Colleague: Last month, defenders of the status quo
insisted that the only way to stem Communist China's
proliferation activities was to continue ``engaging'' them.
Meanwhile, the ``engaged'' Communist Chinese were at that
very moment ``engaged'' with the terrorist nation of Syria in
yet another perfidious arms transaction. There is something
very, very wrong with this picture.
Sincerely,
Gerald B. Solomon.
____
CIA Suspects Chinese Firm of Syria Missile Aid
(By Bill Gertz)
The Chinese manufacturer of M-11 missiles sent a shipment
of military cargo to Syria last month that the CIA believes
may have contained missile-related components, agency sources
said.
The CIA detected the delivery to Syria early in June from
the China Precision Machinery Import-Export Corp., described
as ``China's premier missile sales firm.''
The suspect military delivery raises questions about
China's pledge to the United States in 1994 not to export
missiles or missile components that would violate the Missile
Technology Control Regime.
It also follows China's recent export of nuclear-weapons
technology to Pakistan in violation of U.S. anti-
proliferation laws, which was disclosed by The Washington
Times in February.
The Syrian company that received the Chinese cargo was
identified as the Scientific Studies and Research Center,
which conducts work on Syria's ballistic missiles, weapons of
mass destruction and advanced conventional arms programs, the
CIA said in a classified report circulated to senior U.S.
officials.
The Syrian center is in charge of programs to build Scud C
ballistic missiles and a program to upgrade anti-ship
missiles.
U.S. intelligence agencies said the Syrian center has
received help from the China Precision Machinery Import-
Export Corp. in recent years for both missile programs.
``The involvement of CPMIEC and the Syrian end user
suggests the shipments [last month] are missile-related,''
one source said.
The exact nature of the equipment was not identified, but
it was described as ``special and dangerous,'' the source
said.
CIA and State Department spokesmen declined to comment.
Chinese officials promised the State Department in 1994 not
to export M-11s or their technology in exchange for a U.S.
agreement to lift sanctions against Chinese Precision
Machinery and the Pakistani Defense Ministry, which were
involved in M-11-related transfers.
The missile-control agreement bars transfers of missiles
and technology for systems that travel farther than 186 miles
and carry warheads heavier than 1,100 pounds. Transfers of
both the Chinese M-11 and Syria's Scud C are banned under the
accord.
Syria has purchased Scud C missiles in the past from North
Korea and is working on developing production capabilities
for them according to U.S. officials.
The delivery of Chinese missiles or components to Syria, if
confirmed, would trigger sanctions against China because
Syria is classified by the State Department as a state
sponsor of international terrorism.
William C. Triplett, a China specialist and former
Republican counsel for the Senate Foreign Relations
Committee, said the administration does not need hard
evidence to impose sanctions because the sales involved
Syria.
A 1994 amendment to the Arms Export Control Act, sponsored
by Sen. Larry Pressler, South Dakota Republican, says the
president may presume a transfer violates the 31-nation
missile-control agreement if it goes to a nation that
supports terrorism.
``If it goes to a terrorist country, we consider that a
much more significant event than if it goes some other
place,'' Mr. Triplett said.
China Precision Machinery already is under intense scrutiny
within the U.S. government over the earlier M-11 sales to
Pakistan.
U.S. intelligence agencies concluded earlier this year that
Chinese M-11s are operational in Pakistan, but the State
Department is challenging the intelligence conclusion to
avoid having to impose sanctions on China.
U.S.-China relations have been strained over Beijing's
proliferation activities, as well as disputes concerning
human rights and widespread copyright infringement.
In May, the Clinton administration decided not to impose
sanctions on China for violating U.S. anti-proliferation laws
with sales of nuclear weapons technology to Pakistan because
Chinese officials claimed they did not know the sale took
place.
China Precision Machinery has been slapped with U.S.
economic sanctions twice in the past. The Bush administration
in 1991 sanction the company, which is part of the official
Chinese government defense-industrial complex, for selling
missile technology to Pakistan. Sanctions also were imposed
in 1993, again for the transfer of M-11 technology.
Kenneth Timmerman, director of the consulting firm Middle
East Data Project, said the Syria center that received the
June shipments from China is a major agency involved in
weapons research, procurement and production.
Mr. Timmerman said that North Korea and China have helped
to build two missile-production centers in Syria and that
Syrian missile technicians have been trained in China.
Israel's government said in 1993 that Chinese technicians
were working in Syria to develop production facilities for
missile guidance systems, according to Mr. Timmerman.
Mr. GILMAN. Mr. Chairman, will the gentleman yield?
Mr. PORTER. I yield to the gentleman from New York.
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Mr. Chairman, I want to thank the gentleman for his long-
standing effort on behalf of Radio Free Asia. I want to thank the
gentleman from Kentucky [Mr. Rogers], the chairman of the committee,
for accepting the amendment.
This is an extremely important project to help democratize some of
the oppressive governments in the Asian Area, and I urge my colleagues
to fully support the measure. I thank the gentleman for yielding.
Mr. Chairman, while the Berlin Wall fell, Chinese tanks rolled over
the students calling for freedom in China. Nothing could describe the
need for Radio Free Asia [RFA].
Like its cousins which Soviet emigres reported was so successful,
Radio Free Asia promises to bring the rarest commodity to Asia's closed
societies--information and free debate.
I strongly support the Porter amendment to increase funding for Radio
Free Asia. This is program that deserves full support and I appreciate
the gentleman from Illinois's effort to secure broadcasting into
countries in Asia.
The House-passed authorizing bill conference report from my committee
would have funded FRA at the $10 million level. This amendment nearly
reaches that goal.
Unfortunately, Asia is still home to many closed societies. This
broadcasting program can penetrate into those countries, giving them
access to information and free debate. We owe the students of Tianammen
this effort. I urge Members to fully support the Porter amendment.
Mr. PORTER. Mr. Chairman, reclaiming my time, I would say to the
gentleman, who is the chairman of the Committee on International
Affairs, that his leadership in providing authority for this very
important program has been absolutely outstanding. I thank him for his
ongoing commitment to human rights all across this globe.
Mr. MOLLOHAN. Mr. Chairman, will the gentleman yield?
Mr. PORTER. I yield to the gentleman from West Virginia.
Mr. MOLLOHAN. Mr. Chairman, we are in agreement with the chairman
with regard to this amendment, understanding that this amendment
relates to funding only. It increases, I believe, from $5 million to
$9.3 million funding for this account. That does not mean, I hope, the
committee is any less concerned about the expenditure of these funds
and the development of a rational feasibility plan prior to the
expenditure of the funds.
This concern is spoken to in the report at page 118, and I would just
note that the International Broadcasting Act of 1994 mandated that the
new Broadcasting Board of Governors submit to Congress a plan
concerning the feasibility of establishing an independent Radio Free
Asia.
In addition, we have requested an operating plan, an implementation
plan. The committee has not yet received that and we certainly expect
to see that, understand how this program will be implemented, what are
the cost estimates projected into the outyears prior to the expenditure
of this increased funding that the gentleman from Illinois [Mr. Porter]
has worked so hard on.
[[Page H8230]]
Mr. Chairman, I will commend the gentleman. He has been excellent on
the subject. He is knowledgeable and very concerned. My concern really
goes to the expenditure of the funds in a responsible way, and I look
forward to working with him and with the chairman as this process moves
forward.
Mr. PORTER. Reclaiming my time, I would say to the gentleman that we
are well aware of the language in the report and the committee's desire
to see a plan that would show how the funds are going to be expended
over the next 5 years. The amendment, of course, addresses the
expenditure of funds through the Board for International Broadcasting
as funds are normally expended, but I have been assured by Radio Free
Asia that their plan for expenditures will be forthcoming and I am sure
the committee will look at it.
Mr. SMITH of New Jersey. Mr. Chairman, will the gentleman yield?
Mr. PORTER. I yield to the gentleman from New Jersey.
Mr. SMITH of New Jersey. Mr. Chairman, first of all, I want to
commend the gentleman for his outstanding amendment and the gentleman
from Kentucky, Chairman Hal Rogers, for his good work in accepting it,
my friend from West Virginia, as well, for accepting this language. I
urge a ``yes'' vote, and I think that is a given now since there is a
consensus.
Just let me say that throughout human history, the most important
battles have not been those whose object was to control territory. The
battles that really matter have always been about values and ideas.
When the history of our century is written, it will be in large part
the story of a long struggle for the soul of the world, the struggle
between the values of the free would on the one hand and those of
communism, fascism, and other forms of totalitarianism on the other.
Throughout most of the world, the values of the free world have been
victorious, not only because we had better values but because we were
not afraid to stand up for them.
Some say we no longer need the presence of surrogate broadcasting now
that the cold war is over, but just let me remain Members, and everyone
is increasingly aware of this, that in Asia there is a major problem
with human rights. We have, unfortunately, reneged in our
responsibility on these issues. MFN has been conferred for another year
without linkage. Radio Free Asia, it seems to me, is the least we can
do.
H.R. 1561, the authorization bill, was vetoed by the President,
provided $10 million per year. So this is well within the range what we
have already done on the floor of the House, and that legislation again
was vetoed. But this will not be and this will become law and I commend
the gentleman for his amendment.
Mr. Chairman, I urge a ``yes'' vote on this amendment to save Radio
Free Asia.
Throughout human history the most important battles have not been
those whose object was to control territory. The battles that really
matter have always been about values and ideas. When the history of our
century is written, it will be in large part the story of a long
struggle for the soul of the world--a struggle between the values of
the free world on the one hand, and those of communism, fascism, and
other forms of totalitarianism on the other, Throughout most of the
world, the values of the free world have been victorious--not only
because we had better values, but because we were not afraid to stand
up for them.
Some say that we no longer need a presence in the world now that the
cold war is over. I think this view is misguided, for several reasons.
First, there are places in the world where the values of freedom have
not yet been victorious. These places include the few remaining
Communist countries, such as Cuba, China, Vietnam, and North Korea, as
well as an increasing number of countries governed by ``rogue
regimes,'' such as Burma, Iraq, and Libya. This is why we still need
Radio Free Europe, Radio Liberty, and freedom broadcasting to Cuba. And
this is why we need Radio Free Asia.
Mr. Chairman, the repeated cuts, rescissions, delays, and consistent
underfunding of Radio Free Asia since Congress ordered its creation in
1994 appear to be evidence that this important profreedom program is
being subjected to the old Washington two-step: If you don't like a
program but don't have the votes to kill it, first you render it
ineffective. Then you can kill it by pointing out how ineffective it
is.
In H.R. 1561--the Foreign Relations Authorization Act, passed by the
House and Senate but vetoed by President Clinton--we authorized $10
million for a no-year account for fiscal year 1996 and fiscal year
1997, as in fiscal year 1995. This was based on the estimates of those
who conceived Radio Free Asia--distinguished human rights advocates
such as Ambassador Charles Lichtenstein, who was our principal Deputy
Ambassador to the United Nations under Jeane Kirkpatrick--that it would
take at least $30 million to get Radio Free Asia up and running.
Because it was fairly clear that the process would take at least 2
years, only $10 million was authorized for a no-year account in fiscal
year 1995. The idea was that over the 3 years it would take to
establish Radio Free Asia, the necessary $30 million would accumulate
in the account. Through a series of rescissions and reductions, this
start-up amount has been reduced to less than $10 million--which will
be insufficient to establish Radio Free Asia as an effective voice
against tyranny in the region.
The Clinton administration, which has taken deep cuts in
international broadcasting over the last 3 years, nevertheless
recognizes that Radio Free Asia needs at least $14.4 million--that is,
$10 million in fiscal year 1997 in addition to the $4.4 million already
appropriated in a no-year account from fiscal year 1996--in order to
survive its crucial first year of operations.
The bill before us cuts this amount in half, to $5 million. The
subcommittee report points out that the Board of Broadcasting Governors
should have filed a more detailed report by now about its plans for
Radio Free Asia. I agree with this criticism. But let's not blame the
victim. If we must impose punishment for the failure to file a better
report, let's find a way to impose it on the bureaucrats who should
have filed the report--not on the innocent and freedom-loving people of
China, Vietnam, Burma, and other countries who have been waiting 2
years already for Radio Free Asia to get up and running.
In order to avoid killing this important human rights program without
increasing the Federal budget deficit, it was necessary to find a $5
million offset from another program. This has been done by taking a
tiny reduction--less than three-tenths of 1 percent--in the State
Department's largest operating account, the $1.7 billion Diplomatic and
Consular Services. Don't be fooled by the title of this account: it is
simply the State Department's way of describing its largest salaries
and expenses account.
The State Department's operating accounts have remained essentially
level since fiscal year 1994, at a time when other international
relations activities have taken far deeper cuts. During these same 3
years, our freedom broadcasting programs have been cut over 20 percent.
So the choice is simple: will we kill a voice for freedom in Asia in
order to fund a few more bureaucrats?
Mr. Chairman, the free world needs Radio Free Asia, and so do the
enslaved peoples of the last outposts of the evil empire. I urge a
``yes'' vote on this amendment.
Mr. PORTER. Reclaiming my time, let me say that the gentleman from
New Jersey [Mr. Smith] has been an absolute exemplary leader on human
rights in the House and a supporter of the surrogate radios. I
certainly thank him for support this evening.
Ms. PELOSI. Mr. Chairman, will the gentleman yield?
Mr. PORTER. I yield to the gentlewoman from California.
(Ms. PELOSI asked and was given permission to revise and extend her
remarks.)
Ms. PELOSI. Mr. Chairman, I rise in support of the amendment of the
gentleman from Illinois [Mr. Porter]. I commend the chairman and the
ranking member of the committee for their cooperation on this.
Mr. Chairman, I rise today in support of the amendment offered by
Representative Porter to increase the funding for international
broadcasting to $9.3 million. This funding is urgently needed for the
Asia Pacific Network/Radio Free Asia.
We have seen the success of Radio Free Europe and Radio Liberty in
broadcasting the message of freedom and democratic principles to people
fighting for freedom. Radio Free Asia which has been designed to
emulate Radio Free Europe/Radio Liberty's success, is now critical to
the efforts of those in Asia struggling against authoritarian leaders.
In 1991, Radio Free Asia was endorsed by President Bush's Task Force
on U.S. Government International Broadcasting. In 1992, it was endorsed
by the Congressional Commission on Broadcasting to the People's
Republic of China, which recommended the establishment of a new
broadcasting service. President Clinton identified Radio Free Asia as a
centerpiece of his new China policy when he delinked trade from human
rights in 1994. Unfortunately, the real commitment to establishing this
important service has been lacking.
[[Page H8231]]
Some may ask why we need APN/RFA when we have the Voice of America.
The answer is independence. VOA is an official broadcasting service of
the United States Government. In terms of its editorial orientation,
VOA serves as an instrument to project U.S. policy at a particular
time. Given that the State Department's goal is generally the
maintenance of bilateral relations between the United States and any
other country, it is unrealistic to expect the State Department to
encourage, or even to support, a surrogate radio station which may be
viewed with disapproval by the other country.
Working within our overall objectives of promoting democratic
freedoms, human rights, and open markets, APN/Radio Free Asia must have
the independence to broadcast its own message. This independence is
beneficial both to the radio, which is freed from political
interference in its message; it is also beneficial to the State
Department, which can disavow any connection to the broadcasts coming
from APN/RFA.
The fiscal year 1997 Commerce-Justice-State bill would have cut
funding for APN/RFA by 50 percent to $5 million. This major cut would
seriously undermine the program. I understand the concerns of Chairman
Rogers and Ranking Member Mollohan.
However, in all fairness, I would like to note for the Record that
the members of the Broadcasting Board of Governors were not sworn in
until September 1995. At that time, they immediately hired a
distinguished China scholar, Orville Schell, to undertake a preliminary
report on APN/RFA, which was submitted, on time, in November 1995. At
that time, the Board started the search for a director. They chose
Richard Richter, who started on March 12. He then hired a distinguished
journalist, Dan Southerland, who was brought on to focus on content.
Mr. Southerland started during the second week of July. APN/RFA's
budget has now been completed and is being reviewed by OMB. The target
date for starting to broadcast is September 22. Things are on track at
APN/RFA. Cutting the funding now will pull the rug out from under the
program.
We, as a Nation, can and must help those fighting for freedom in
Asia. I do not believe that many of my colleagues fully understand the
lock on information which China's dictators maintain. The vast majority
of people in China still only hear what China's government wants them
to hear, they only see what the government wants them to see, they only
read what the government allows them to read. It is through this
stranglehold on information that the Chinese government is so
successful in fueling growing nationalism. There are no independent
voices in China. Those who speak out are arrested, exiled or killed.
Radio Free Asia is an important instrument to help to break the
Chinese government' stranglehold on news. It can provide an effective
and peaceful mechanism to provide news of reform in China and of
freedom around the world. It can promote democratic reforms, human
rights and basic freedom. I thank Mr. Rogers and Mr. Mollohan for their
support of the Porter amendment.
Mr. PORTER. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Illinois [Mr. Porter].
The amendment was agreed to.
amendment offered by mr. traficant
Mr. TRAFICANT. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Traficant: Page 112, after line
11, insert the following:
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
The CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Ohio [Mr. Traficant] and a Member opposed each will be
recognized for 2\1/2\ minutes.
The Chair recognizes the gentleman from Ohio [Mr. Traficant].
Mr. TRAFICANT. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, the amendment is straightforward. Anybody places a
fraudulent ``made in America'' label on any import, they shall
ineligible to receive any contract or subcontract made with funds under
this bill.
Mr. ROGERS. Mr. Chairman, will the gentleman yield?
Mr. TRAFICANT. I yield to the gentleman from Kentucky.
Mr. ROGERS. Mr. Chairman, I think the gentleman offers a very good
amendment. We are delighted to accept it and urge its adoption.
Mr. MOLLOHAN. Mr. Chairman, will the gentleman yield?
Mr. TRAFICANT. I yield to the gentleman from West Virginia.
Mr. MOLLOHAN. Mr. Chairman, I add to the chairman's sentiments.
Mr. TRAFICANT. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Ohio [Mr. Traficant].
The amendment was agreed to.
amendment offered by mrs. mink of hawaii
Mrs. MINK of Hawaii. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment Offered by Mrs. Mink of Hawaii: In title II,
under the item relating to ``National Oceanic and Atmospheric
Administration--operations, research, and facilities'', after
the first, second, sixth, and seventh dollar amounts insert
``(increased by $760,500)''.
In title IV, under the item relating to ``United States
Information Agency--national endowment for democracy'', after
the dollar amount insert ``(reduced by $760,500)''.
The CHAIRMAN. Pursuant to the order of the House of today, the
gentlewoman from Hawaii [Mrs. Mink] and a Member opposed each will be
recognized for 5 minutes.
The Chair recognizes the gentlewoman from Hawaii [Mrs. Mink].
Mrs. MINK of Hawaii. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I rise today to take note of an omission in this
appropriation bill which I consider very serious, not simply to my
constituents or to my State but to this Nation as a whole. So I am
taking this time again to raise an issue which we raised last year when
the committee also zero funded this program.
However, in the conference committee, the full level funding of
nearly $740,000 was restored for this program. It is my hope again to
enable this program to continue. It is for the purpose of saving two
very endangered species that are located off the shores of the Pacific
area, not simply in my State.
It has to do with the Hawaiian monk seal, which is the only
endangered marine mammal located entirely in U.S. waters. It was last
seen recently on my shores where a pup was born. It is extremely
precious. There are three monk seals in the world. One was in the
Caribbean; it no longer exists. It is totally extinct. There is another
in the Mediterranean and that is very likely soon to be extinct. So the
Hawaiian monk seal is a very, very important, extremely threatened
species.
The National Marine Fisheries Service has been working on this
program for 16 years and it would be a tragedy to have this program
discontinued. I hope that attention will be brought on this matter.
Although it is not funded in this bill, when the matter goes to
conference, I have every confidence that the matter would be restored.
Cooperative studies are ongoing with the National Geographic Society,
the University of Minnesota, as well as the University of Hawaii, and
great efforts are being pursued in order to save these two species. We
have the green turtle in Hawaiian waters as well, which is also equally
endangered.
Mr. Chairman, I yield 1\1/2\ minutes to my colleague, the gentleman
from Hawaii [Mr. Abercrombie].
Mr. ABERCROMBIE. Mr. Chairman, I thank the gentlemen from Kentucky
[Mr. Rogers] for taking up this bill. I want to emphasize in the time
given to me, this cannot be done without the Federal Government. This
is not the responsibility of a State. The monk seal is the only species
of its kind in U.S. waters, and it is up to us as stewards in this
environment, in this ocean environment to take up this cause.
{time} 2200
So it is very, very important. The same with the green sea turtle.
This also affects not only Hawaii, but areas around Florida as well as
other sites throughout the world.
My principal emphasis here is that this extinction is a very real
possibility, and yet the National Marine Fisheries Service has done
extraordinarily
[[Page H8232]]
great service for this Nation in terms of the stewardship to which I
referred. It is bringing back the species. It is now into the
thousands, coming back up as far as the monk seal is concerned.
With the investigations of biology, ecology, and life history of
these species being examined by the National Marine Fisheries, with the
chairman's good efforts on our behalf, I think that we will find that
the whole Nation will be the beneficiary and we will have done by these
species what is required of us as a human species looking out in our
capacity and responsibility for species throughout the world.
Mrs. MINK of Hawaii. Mr. Chairman, reclaiming my time, I thank my
colleague for his comments.
Mr. ROGERS. Mr. Chairman, will the gentlewoman yield?
Mrs. MINK of Hawaii. I yield to the gentleman from Kentucky [Mr.
Rogers], the chairman of the subcommittee, for a colloquy.
Mr. ROGERS. Mr. Chairman, I appreciate the work of the gentlewoman
from Hawaii and the gentleman from Hawaii and commend them for their
concern for these two programs.
As the gentlewoman knows, we were under very severe funding
constraints this year; however, although we are unable to restore
funding for these programs today, I can assure the gentlewoman that as
we proceed to conference I will work with her to identify funding for
these two programs as best we can.
Mrs. MINK of Hawaii. Mr. Chairman, I want to thank the chairman for
his comments and I ask unanimous consent to withdraw my amendment at
this time.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from Hawaii?
There was no objection.
amendment offered by mr. engel
Mr. ENGEL. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Engel: Page 51, line 25, after the
dollar amount, insert the following: ``(increased by
$5,000,000)''.
Page 53, line 6, after the dollar amount, insert the
following: ``(reduced by $5,000,000)''.
The CHAIRMAN. Pursuant to the order of the House of earlier today,
the gentleman from New York [Mr. Engel] and a Member opposed will each
control 5 minutes.
The Chair now recognizes the gentleman from New York [Mr. Engel].
Mr. ENGEL. Mr. Chairman, I rise today to offer an amendment to
restore funding for the Public Telecommunications Facilities Program. I
say to my colleagues if they are for public broadcasting they should to
be for this amendment. The bill before us allocates $10 million for
this program, which is a $5 million cut from last year. My amendment
would retain the current level of funding for public telecommunications
by restoring $5 million to the program.
Let me say that program was halved last year, $14 million was cut,
and now it is proposed to cut an additional $5 million. Public
broadcasting simply cannot continue to exist with these kinds of cuts.
CBO has scored my amendment and has determined that the budget
authority and the outlays are budgetary neutral.
Mr. Chairman, I am offering this amendment because I feel this is yet
another attempt to continue the assault on public broadcasting that has
occurred in large part during this Congress. Last year there were
efforts by some in the majority to zero out funding for the Corporation
for Public Broadcasting. We were able to prevent that from happening,
but CPB still received major cuts. The cuts in the facilities program
are further evidence of the contempt that some in the majority have for
public broadcasting. However, the American people see and know the
positive results in the quality and integrity of public broadcasting.
If support for public broads and the facilities program are severely
cut or eliminated, the quality of programming and the educational value
they provide will suffer as a result.
Public broadcasting and the facilities program are private-public
partnerships that work. This is a success story that demonstrates what
the government and the private sector can accomplish when they work
together. The facilities program is a matching grants plan for public
radio and television stations. It helps stations purchase equipment to
extend their signals to unserved areas; by the way, many of whom are
rural areas, as well as replacing outdated hardware, such as
transmitters, master control rooms or towers. Many of these stations,
as I mentioned, are in rural areas and do not have the resources
without these grants to upgrade their systems or receive signals.
This program has been an unqualified success because it has helped
extend public TV and public radio stations to most of this country. It
has been estimated that 10 million Americans still do not receive a
reliable public television signal and approximately 25 million
Americans do not receive a reliable public radio signal.
On hundred forty-two public telecommunications grants that were
rewarded in fiscal year 1995 went to noncommercial telecommunications
awards in 44 States, extending public radio signals to 2.8 million
previously unserved persons and public TV to 500,000 unserved persons.
PTFP is the sole program in the Federal Government that assists in the
maintenance of the vast public broadcasting inventory which now exceeds
an estimated 1 billion in value. Cutting this public telecommunications
facilities program will only weaken the ability of the public
broadcasting community to continue providing a technically reliable
service to the public while simultaneously limiting the ability of
public radio and TV to reach unserved and underserved audiences,
especially in rural areas but in urban areas as well.
Weakening this program will represent the loss of a considerable
investment that has already been made in public broadcasting's
infrastructure, an infrastructure that is nearly universal and ready to
be augmented by new technologies. Since its inception, public
telecommunications has invested $500 million in public
telecommunications facilities that deliver informational, cultural and
educational programming to the American people. That is a significant
investment in a system that is now nearly universal, reaching
communities as diverse as Point Barrow, Alaska; Jackson, Mississippi;
and Los Angeles, California.
This universality provides an amazing potential for communication
among Americans as we move further into the information age. We must
not let it deteriorate by further cutting this program.
In addition, maintenance of this system is especially important as we
develop the information highway. Public radio and television have an
important role in linking schools, libraries, health care facilities,
governments and other public information producers. These are areas
that will not be filed by the void that would be left if public
broadcasting services do not survive. It does not make sense to allow
the existing framework of equipment and services that are currently
available to hard-to-reach areas to fall into disrepair while the
information highway is in development.
It is a small program but an important one. Investing in our
infrastructure is vital to serve those customers who rely on public
broadcasting for information and education and it must be maintained if
we are to move forward in today's world. Let us stop the assault on
public broadcasting and let us invest in our future.
Mr. ROGERS. Mr. Chairman, will the gentleman yield?
Mr. ENGEL. I yield to the gentleman from Kentucky.
Mr. ROGERS. Mr. Chairman, I want to accept the gentleman's amendment.
Mr. ENGEL. Mr. Chairman, then I will certainly yield to the chairman.
Mr. ROGERS. Mr. Chairman, we can cut this short. I want to commend
the gentleman. I have no objection to the gentleman's amendment.
Mr. MOLLOHAN. Mr. Chairman, will the gentleman yield?
Mr. ENGEL. I yield to the gentleman from West Virginia.
Mr. MOLLOHAN. Mr. Chairman, if I might say, the gentleman has stated
his position well, and I would like to associate myself with his
comments in support of this program, and I am pleased the chairman is
going to accept the amendment.
[[Page H8233]]
Mr. ENGEL. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. Does any Member seek time in opposition?
If not, the question is on the amendment offered by the gentleman
from New York [Mr. Engel].
The amendment was agreed to.
amendment offered by mr. miller of florida
Mr. MILLER of Florida. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Miller of Florida: Page 56, line
9, insert ``including $1,000,000 for red tide research,''
after ``National Ocean Service,''.
Mr. CHAIRMAN. Pursuant to the order of the House of earlier today,
the gentleman from Florida [Mr. Miller] and a Member opposed will each
control 5 minutes.
The Chair recognizes the gentleman from Florida [Mr. Miller].
Mr. MILLER of Florida. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, this amendment is simply to take $1 million out of the
National Ocean Service Program and specifically target it for red tide
research.
At this time I want to ask if I may engage the chairman of the
subcommittee with a colloquy on the subject of red tide research.
Mr. ROGERS. Mr. Chairman, will the gentleman yield?
Mr. MILLER of Florida. I yield to the gentleman from Kentucky.
Mr. ROGERS. Mr. Chairman, I appreciate the efforts of the gentleman
from Florida as well as the gentleman from New York [Mr. Forbes] and
their subcommittee to bring this issue to the attention of the House.
As the gentleman knows, we are under tremendous fiscal constraints
this year; however, he raises a very important issue, and I assure the
gentleman that I will continue to work with him as we move the bill
through the process to further address this very important issue the
gentleman has so ably brought before us.
Mr. MILLER of Florida. Mr. Chairman, reclaiming my time, I thank the
chairman.
I want to discuss this for a minute, if I may. This is a very
important issue for those of us in Florida. This red tide is of
importance to many coastal areas around the United States.
Red tide is known as a nuisance problem because it gives people
headaches, makes people nauseous when they are around it, but because
we see the dead fish washing up on the beach, it concerns the tourism
of our area. But now it has come to the attention of scientists that
red tide is now a killer of endangered species.
A direct link was established by the University of Miami this summer.
Their study concluded that red tide was definitely the cause of death
of over 150 manatees along the coast of Florida this past spring. The
manatee is a harmless sea cow which roams the Florida waterways
searching for warm water and food. However, this food, once tainted
with large amounts of red tide algae, can cause respiratory damage and
a breakdown of the nervous system. Eventually the red tide causes the
manatees to suffocate.
We have always known that red tidal algae can cause death in fish and
birds, and after particularly long periods of red tide the beaches are
littered with dead fish. The manatee which traditionally roams the
inner waterways are usually immune from the toxins which occur in the
open ocean. However, this past spring the west coast of Florida
experienced a severe case of red tide. It was during this time that an
excessive amount of manatees began to die. This spring alone there were
304 manatees found dead. That is 198 more than any previous record, and
it amounts to an 11 percent reduction in the population of manatees in
the United States.
At this rate the entire population of manatees in the United States
will be wiped out in a little over 9 years. A loss such as this cannot
be tolerated especially if we can come up with a way to help address
that problem.
That is why I have requested that this amendment today allocate
special money for red tide research. There are several programs
currently in the Commerce-Justice appropriation bill that provide
incentives for research into causes and effects of red tide, and I want
to thank the chairman for his assistance in getting language in the
bill which would direct the proper officials at NOAA to consider the
problem of red tide.
However, since we now realize the direct links between the deaths of
manatees and the growth of red tide, we must be proactive in our quest
to save an important and valued endangered species. By increasing the
funding for red tide, we address many issues. We can help find the
cause of these algae blooms not only for red tide, but also the
associated brown tide, a big concern of my colleagues from New York and
from California, and we can perhaps develop a network for working
together on this problem.
I am sure the manatees are not the only species endangered from these
toxins. We now know red tide is a real threat to an endangered species.
We have less than 2,300 manatees today and we have no time to waste to
address this problem.
I appreciate the chairman's efforts to find more resources for
harmful algae bloom research. With his assurance that we can look for
ways to bring more resources to this problem when we go to conference
with the Senate, I intend to withdraw this amendment.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Florida [Mr. Goss].
(Mr. GOSS asked and was given permission to revise and extend his
remarks.)
Mr. GOSS. Mr. Chairman, I thank my distinguished colleague and friend
from Florida for recognizing me.
Forty years ago, if we were talking about red tide, it would be a
foreign affairs or a national defense issue. Now it is very much a
domestic issue. Members may not think they care, but sooner or later
they will probably be in Florida or at the seashore somewhere and they
may experience part of the problems of the killer red tides that we are
trying to deal with.
We have learned a lot. We need to know a lot more. It is not just the
manatees, although they are critically endangered and critically ill
because of the tide. It is dolphins, it is all kinds of fish,
shellfish, which create health hazards.
We have economy problems for beach front communities and fishing
communities. We have tourist problems. This is a good area for an
investment in quality of life.
Mr. Chairman, I urge that we support this.
Mr. MILLER of Florida. Mr. Chairman, I ask unanimous consent to
withdraw the amendment at the suggestion of the chairman.
The CHAIRMAN. Is there objection to the request of the gentleman from
Florida?
There was no objection.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I move to strike the last
word.
The CHAIRMAN. Without objection, the gentlewoman from Connecticut
[Mrs. Johnson] is recognized for 5 minutes.
There was no objection.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I wish to engage the
chairman of the committee in a colloquy with regard to the women's
demonstration program within the Small Business Administration.
I strongly support this program which has established 54 nonprofit
business centers in 28 states since it began in 1988. Since then, these
business centers have provided training and technical assistance to
more than 60,000 women hoping to start their own businesses. Each
business center tailors itself to the particular needs of the community
and assures that women have the resources they need to plan, organize
and expand their business.
{time} 2215
This level of business development is vital to our national economic
well-being, offering more opportunities to women than corporations
where the glass ceiling is still prevalent.
These business centers have proven to be a good investment as well,
averaging one new business and four new jobs for every 10,000 Federal
dollars invested. Because of the unique funding structure of this
program, 35 sites are now entirely self-sufficient, providing needed
assistance without Federal funding. Three years after a business center
is established, it must become
[[Page H8234]]
by law financially self-sufficient. Therefore, the program creates
independent support sites that successfully foster the growth of women-
owned businesses and job opportunities for thousands.
Despite the advances that women have made in the small business
arena, women-owned businesses continue to face unique challenges when
seeking capital, competing for government grants, and getting the
technical assistance they need to succeed. A program focused solely on
clearing these hurdles for women on businesses is a vital enterprise.
I understand, Mr. Chairman, that the gentleman from Kentucky [Mr.
Rogers] is well familiar with this program.
Mr. ROGERS. Mr. Chairman, will the gentlewoman yield?
Mrs. JOHNSON of Connecticut. I yield to the gentleman from Kentucky.
Mr. ROGERS. Mr. Chairman, let me assure the gentlewoman that the
goals of the women's demonstration program are certainly worthy and
deserve our support.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I would also like to point
out that despite the great gains women have made in their ownership and
operation of small businesses, 52 percent of women-owned businesses are
financed by credit cards; only 11 percent of men's businesses are
funded that way.
Therefore, we must continue to mentor women and offer them
individualized counseling that takes them through the workings of the
business world step by step. The one-size-fits-all, one-time business
plan offered by other programs will not ensure that these female
entrepreneurs get the help they need on the road to success.
Women who have benefited from the expertise offered at Connecticut's
one business center have commented on how hungry they were for
information and how relevant and practical the information they have
received from the center has been. Over and over these women have told
the business center, I could not have done it without you.
On that note, I want to express my hope that the women's
demonstration program which received a $2.8 million reduction in this
year's Commerce, Justice, and State appropriation bill, will be fully
funded as the bill moves through conference with the Senate.
Mr. ROGERS. Mr. Chairman, if the gentlewoman will continue to yield,
given the very strong support this program has within the Senate and
the worthy goals of the women's demonstration program, I am committed
to working with the gentlewoman to ensure that this program receives
the necessary funding as the bill moves through conference with the
Senate.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I thank the chairman for
his time and consideration regarding this program. I greatly appreciate
his commitment.
Mr. ROGERS. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly the Committee rose; and the Speaker pro tempore (Mr.
Hutchinson) having assumed the chair, Mr. Gunderson, Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 3814)
making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year ending
September 30, 1997, and for other purposes, had come to no resolution
thereon.
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