[House Report 104-449]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-449
_______________________________________________________________________


                  PROVIDING FOR THE CONSIDERATION OF 
 
    H.R. 1358, THE CONVEYANCE OF NATIONAL MARINE FISHERIES SERVICE 

               LABORATORY AT GLOUCESTER, MASSACHUSETTS

                                _______


  January 5, 1996.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


    Mr. Dreier, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 338]

    The Committee on Rules, having had under consideration 
House Resolution 338, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for the concurrence in the Senate 
amendment to H.R. 1358 with an amendment printed in this 
report.

                            committee votes

    Pursuant to clause 2(l)(2)(B) of House rule XI the results 
of each rollcall vote on an amendment or motion to report, 
together with the names of those voting for and against, are 
printed below:

                    rules committee rollcall no. 282

    Date: January 5, 1996.
    Measure: Rule for Disposition of the Senate Amendment to 
H.R. 1358 to convey to the Commonwealth of Massachusetts the 
National Marine Fisheries Service laboratory located on Emerson 
Avenue in Gloucester, Massachusetts.
    Motion By: Mr. Moakley.
    Summary of Motion: Extend the current expired Continuing 
Resolution through January 26, 1996.
    Results: Rejected 3 to 8.
    Vote by Members: Quillen--not voting; Dreier--Nay; Goss--
Nay; Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--not voting; Frost--
Yea; Hall--Yea; Solomon--Nay.
    The text of the amendment considered as adopted is as 
follows: At the end of the Senate amendment, add the following:

                                TITLE I

    That the following sums are hereby appropriated, out of any 
money in the Treasury not otherwise appropriated, and out of 
applicable corporate or other revenues, receipts, and funds, 
for the several departments, agencies, corporations, and other 
organizational units of Government for the fiscal year 1996, 
and for other purposes, namely:
    Sec. 101. (a) Such amounts as may be necessary under the 
authority and conditions provided in the applicable 
appropriations Act for the fiscal year 1995 for continuing the 
following projects or activities including the costs of direct 
loans and loan guarantees (not otherwise specifically provided 
for in this Act) which were conducted in the fiscal year 1995:
    All allowances paid under section 5(b) of the Peace Corps 
Act, 22 U.S.C. section 2504, notwithstanding section 10 of 
Public Law 91-672, at a rate for operations, notwithstanding 
any other provision of this Act, provided for in the conference 
report and joint explanatory statement of the Committee of 
Conference (House Report 104-295) on the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 
1996, (H.R. 1868), as passed by the House of Representatives on 
October 31, 1995;
    All activities, including administrative expenses, 
necessary to process single-family mortgage loans and 
refinancing for low-income and moderate-income families funded 
under the Federal Housing Administration's ``FHA-mutual 
mortgage insurance program account'' and ``FHA-General and 
Special risk program account'' in the Department of Housing and 
Urban Development at a rate for operations, notwithstanding any 
other provision of this Act, provided for in the conference 
report and joint explanatory statement of the Committee of 
Conference (House Report 104-384) on the Veterans Affairs and 
Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1996, (H.R. 2099), as passed by the House 
of Representatives on December 7, 1995;
    All projects and activities directly related to the 
security of United States diplomatic posts and facilities 
abroad, notwithstanding section 15 of the State Department 
Basic Authorities Act of 1956 at a rate for operations, 
notwithstanding any other provision of this Act, provided for 
in the conference report and joint explanatory statement of the 
Committee of Conference (House Report 104-378) on the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1996, (H.R. 2076), as 
passed by the House of Representatives on December 6, 1995;
    Activities funded under the account heading ``Emergency 
food and shelter program'' in the Federal Emergency Management 
Agency: Provided, That, notwithstanding any other provision of 
this Act, the amount made available by this Act shall not 
exceed $46,000,000: Provided further, That not to exceed three 
and one-half percentum of the amount made available shall be 
for administrative costs;
    All retirement pay and medical benefits for Public Health 
Service Commissioned Officers as authorized by law, and for 
payments under the Retired Serviceman's Family Protection Plan 
and Survivor Benefit Plan and for medical care of dependents 
and retired personnel under the Department's Medical Care Act 
(10 U.S.C. ch. 55) and for payments pursuant to section 229(b) 
of the Social Security Act (42 U.S.C. 429(b)); at a rate for 
operations, notwithstanding any other provision of this Act, 
provided for in the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies Appropriations 
Act, 1996, (H.R. 2127), as passed the House of Representatives 
on August 4, 1995;
    All projects and activities of the Federal Bureau of 
Investigation, Drug Enforcement Administration, Interagency 
Crime and Drug Enforcement, Federal Prison System, U.S. 
Attorneys, U.S. Marshals Service, Federal Prisoner Dentention, 
Fees and Expenses of Witnesses, Immigration and Naturalization 
Service, and the Executive Office for Immigration Review, 
necessary for the investigation and prosecution of criminal and 
civil offenses; national security; the apprehension, detention 
and removal of illegal and criminal aliens; the incarceration, 
detention, and movement of Federal prisoners and detainees; and 
the protection of the Federal judiciary at a rate for 
operations, notwithstanding any other provision of this Act, 
provided for in the conference report and joint explanatory 
statement of the Committee of Conference (House Report 104-378) 
on the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1996, (H.R. 
2076), as passed by the House of Representatives on December 6, 
1995;
    All projects and activities of the Judiciary to the extent 
and in the manner and at a rate for operations, nowithstanding 
any other provision of this Act, provided for in the conference 
report and joint explanatory statement of the Committee of 
Conference (House Report 104-378) on the Departments of 
Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1996, (H.R. 2076), as passed by 
the House of Representatives on December 6, 1995;
    All projects and activities necessary to provide for the 
expenses of State surveys and certifications under the account 
heading ``Program Management'' under the Health Care Financing 
Administration in the Department of Health and Human Services;
    Trade adjustment assistance benefits and North American 
Free Trade Act benefits funded under the account heading 
``Federal Unemployment Benefits and Allowances'' under the 
Employment and Training Administration in the Department of 
Labor;
    Payments to the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds under the account 
heading ``Payments to Health Care Trust Funds'' under the 
Health Care Financing Administration in the Department of 
Health and Human Services;
    All projects and activities necessary to provide for the 
expenses of Medicare contractors under title XVIII of the 
Social Security Act under the account heading ``Program 
Management'' under the Health Care Financing Administration in 
the Department of Health and Human Services;
    All projects and activities funded under the account 
heading ``Grants to States for Medicaid'' under the Health Care 
Financing Administration in the Department of Health and Human 
Services;
    All projects and activities of the National Institutes of 
Health in the Department of Health and Human Services at a rate 
for operations, notwithstanding any other provision of this 
Act, provided for in the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies Appropriations 
Act, 1996, (H.R. 2127), as passed the House of Representatives 
on August 4, 1995;
    All projects and activities necessary to carry out the 
Section 7(a) General Business Loan Guaranty program and the 
Section 504 Certified Development company program, as 
authorized by law, under the Small Business Administration at a 
rate for operations, notwithstanding any other provision of 
this Act, provided for in the conference report and joint 
explanatory statement of the Committee of Conference (House 
Report 104-378) on the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act, 
1996, (H.R. 2076), as passed by the House of Representatives on 
December 6, 1995;
    All projects and activities funded under the account 
heading ``Surety Bond Guarantees Revolving Fund'' under the 
Small Business Administration at a rate for operations, 
notwithstanding any other provision of this Act, provided for 
in the conference report and joint explanatory statement of the 
Committee of Conference (House Report 104-378) on the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1996, (H.R. 2076), as 
passed by the House of Representatives on December 6, 1995;
    All projects and activities necessary to accommodate 
visitors and to provide for visitors services on the public 
lands managed by the Bureau of Land Management at a rate for 
operations, notwithstanding any other provision of this Act, 
provided for in the conference report and joint explanatory 
statement of the Committee of Conference (House Report 104-402) 
on the Department of the Interior and Related Agencies 
Appropriations Act, 1996, (H.R. 1977), as passed by the House 
of Representatives on December 13, 1995;
    All projects and activities funded under the account 
heading ``Disease Control, Research, and Training'' under the 
Centers for Disease Control and Prevention in the Department of 
Health and Human Services at a rate for operations, 
notwithstanding any other provision of this Act, not to exceed 
an annual rate for new obligational authority of 
$2,114,693,000;
    All Self-Determination and Self-Governance projects and 
activities of tribes or tribal organizations (as that term is 
defined in Public Law 93-638) that are authorized by Public Law 
93-638 under the account heading ``Operation of Indian 
Programs'' under the Bureau of Indian Affairs in the Department 
of the Interior or under the account heading ``Indian Health 
Services'' under the Indian health Service in the Department of 
Health and Human Services at a rate for operations, 
notwithstanding any other provision of this Act, provided for 
in the conference report and joint explanatory statement of the 
Committee of Conference (House Report 104-402) on the 
Department of the Interior and Related Agencies Appropriations 
Act, 1996, (H.R. 1977), as passed by the House of 
Representatives on December 13, 1995;
    All projects and activities necessary to provide for the 
expenses of the Kendall Demonstration Elementary School and the 
Model Secondary School for the Deaf under the account heading 
``Gallaudet University'' in the Department of Education;
    Payments for benefits and interest on advances, together 
with expenses of operation and administration, under the 
account heading ``Black Lung Disability Trust Fund'' under the 
Employment Standards Administration in the Department of Labor, 
and
    Payments for benefits, together with expenses of operation 
and administration, under the account heading ``Special 
Benefits for Disabled Coal Miners'' in the Social Security 
Administration; Provided, That whenever the amount which would 
be made available or the authority which would be granted under 
an Act which included funding for fiscal year 1996 for the 
projects and activities listed in this section is greater than 
that which would be available or granted under current 
operations, the pertinent project or activity shall be 
continued at a rate for operations not exceeding the current 
rate.
    (b) Whenever the amount which would be made available or 
the authority which would be granted under the Act which 
included funding for fiscal year 1996 for the projects and 
activities listed in this section as passed by the House as of 
the date of enactment of this Act, is different from that which 
would be available or granted under such Act as passed by the 
Senate as of the date of enactment of this Act, the pertinent 
project or activity shall be continued at a rate for operations 
not exceeding the current rate or the rate permitted by the 
action of the House or the Senate, whichever is lower, under 
the authority and conditions provided in the applicable 
appropriations Act for the fiscal year 1995.
    (c) Whenever an Act which included funding for fiscal year 
1996 for the projects and activities listed in this section has 
been passed by only the House or only the Senate as of the date 
of enactment of this Act, the pertinent project or activity 
shall be continued under the appropriation, fund, or authority 
granted by the one House at a rate for operations not exceeding 
the current rate or the rate permitted by the action of the one 
House, whichever is lower, and under the authority and 
conditions provided in the applicable appropriations Act for 
the fiscal year 1995.
    Sec. 102. Appropriations made by section 101 shall be 
available to the extent and in the manner which would be 
provided by the pertinent appropriations Act.
    Sec. 103. No appropriation or funds made available or 
authority granted pursuant to section 101 shall be used to 
initiate or resume any project or activity for which 
appropriations, funds, or other authority were not available 
during the fiscal year 1995.
    Sec. 104. No provision which is included in the 
appropriations Act enumerated in section 101 but which was not 
included in the applicable appropriations Act for fiscal year 
1995 and which by its terms is applicable to more than one 
appropriation, fund, or authority shall be applicable to any 
appropriation, fund, or authority provided in this Act.
    Sec. 105. Appropriations made and authority granted 
pursuant to this title of this Act shall cover all obligations 
or expenditures incurred for any program, project, or activity 
during the period for which funds or authority for such project 
or activity are available under this Act.
    Sec. 106. Unless otherwise provided for in this title of 
this Act or in the applicable appropriations Act, 
appropriations and funds made available and authority granted 
pursuant to this title of this Act shall be available until (a) 
enactment into law of an appropriation for any project or 
activity provided for in this title of this Act, or (b) the 
enactment into law of the applicable appropriations Act by both 
Houses without any provision for such project or activity, or 
(c) September 30, 1996, whichever first occurs.
    Sec. 107. Expenditures made pursuant to this title of this 
Act shall be charged to the applicable appropriation, fund, or 
authorization whenever a bill in which such applicable 
appropriation, fund, or authorization is contained is enacted 
into law.
    Sec. 108. No provision in the appropriations Act for the 
fiscal year 1996 referred to in section 101 of this Act that 
makes the availability of any appropriation provided therein 
dependent upon the enactment of additional authorizing or other 
legislation shall be effective before the date set forth in 
section 106(c) of this Act.
    Sec. 109. Appropriations and funds made available by or 
authority granted pursuant to this title of this Act may be 
used without regard to the time limitations for submission and 
approval of apportionments set forth in section 1513 of title 
31, United States Code, but nothing herein shall be construed 
to waive any other provision of law governing the apportionment 
of funds.
    Sec. 110. For the purposes of this title of this Act, the 
time covered by this title of this Act shall be considered to 
have begun on December 16, 1995.

                                TITLE II

SECTION 201. YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS SETTLEMENT ACT 
                    OF 1994.

    (a) Extension.--Section 112(b) of the Yavapai-Prescott 
Indian Tribe Water Rights Settlement Act of 1994 (108 Stat. 
4535) is amended by striking December 31, 1995'' and inserting 
``June 30, 1996''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect as of December 31, 1995, and with the consent 
of Prescott, Arizona, the contract referred to in such section 
112(b) is revived.

SEC. 202. SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT OF 1992.

    (a) Extension.--Section 3711(b)(1) of the San Carlos Apache 
Tribe Water Rights Settlement Act of 1992 (title XXXVII of 
Public Law 102-575) is amended by striking ``December 31, 
1995'' and inserting ``December 31, 1996''.
    (b) Effective Date.--
          (1) In general.--The amendment made by subsection (a) 
        shall take effect as of December 31, 1995.
          (2) Lapsed provisions of law and contracts.--The 
        provisions of subsections (c) and (d) of section 3704, 
        subsections (a) and (b) of section 3705, section 3706, 
        subsections (a)(2), (c), (d), and (f) of section 3707, 
        subsections (b) and (c) of section 3708, and 
        subsections (a), (b), (c), (d), (e), (g), (h), (j), and 
        (l) of section 3710 of such Act, together with each 
        contract entered into pursuant to any such section or 
        subsection (with the consent of the non-Federal parties 
        thereto), shall be effective on and after the date of 
        enactment of this Act, subject to the December 31, 
        1996, deadline specified in such section 3711(b)(1), as 
        amended by subsection (a) of this section.

                                
