[House Report 104-71]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     104-71
_______________________________________________________________________


 
MAKING SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS FOR THE FISCAL YEAR 
           ENDING SEPTEMBER 30, 1995, AND FOR OTHER PURPOSES

                                _______


 March 8, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Livingston, from the Committee on Appropriations, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1159]
    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
supplemental appropriations and rescissions for the fiscal year 
ending September 30, 1995, and for other purposes.

                           COMMITTEE ACTIONS

    The Committee has completed action on rescissions, included 
in four separate bills, that total over $20 billion. Some of 
the savings that will occur as a result of these rescissions 
have been used to offset supplemental appropriations requests 
for the Department of Defense, FEMA Disaster Assistance, debt 
relief for Jordan, payment to the Coast Guard for refugee 
support in the Caribbean, and several other necessary 
supplementals for fiscal year 1995. This bill includes 
supplemental funding for debt relief for Jordan, food 
inspection services, and others.
    The rescissions have been made across the Government. They 
are our first step in the direction of downsizing the 
Government. By taking this action in fiscal year 1995, the 
Committee is taking the opportunity to accelerate savings 
proposed in several legislative actions already taken or under 
way in the House, proposed by the National Performance Review 
activity of the Vice President and proposed in the President's 
budget request for fiscal year 1996. Taking these actions now 
is putting us on a course to provide better government at lower 
cost to better meet the needs of all the people of the United 
States and the beneficiaries of the programs served. Not only 
will making these rescissions enable us to offset the 
supplementals for those people hurt by last year's natural 
disasters, but it also means we are taking steps necessary to 
insure the Nation's financial future that affects our children 
and grandchildren. Saving money now by eliminating unnecessary 
and duplicative programs will help insure that our economy will 
remain strong for our children's tomorrow and that our country 
will continue to move from strength today to a stronger 21st 
century. By acting in this fashion we will help produce a 
government which preserves and protects but does not 
unnecessarily intrude, a government which is a resource, not a 
burden. These reductions are not cause for celebration but a 
sober acknowledgment that our task is only beginning. We intend 
to continue in this direction in the future.
         FUNDS PROPOSED FOR RESCISSION SHOULD NOT BE OBLIGATED

    The Committee expects the Office of Management and Budget 
to take actions that would insure funds proposed for rescission 
in these bills are not obligated in an effort to avoid making 
these reductions. At the time the Director of the Office of 
Management and Budget appeared before the Committee on February 
14, the Director was given an example where the Office of the 
General Counsel of the Office of Management and Budget advised 
the General Counsel of the Department of Agriculture that the 
Department did have the authority to obligate funds being 
considered for rescission. The General Counsel of the 
Department, previous to that point, had held they did not have 
authority to obligate the funds. The Director indicated that 
she was not aware of the problem. The Committee has become 
aware of other such examples of obligating funds, some of which 
have been available for years, in an effort to preclude their 
rescission. When the President initiates a rescission, he has 
impoundment authority available to insure that if Congress 
agrees with those proposals, the funds will be available when 
the rescission is signed into law. Impoundment is not available 
when Congress initiates a rescission proposal. The Committee 
expects and directs, therefore, full cooperation with this 
congressional initiative aimed at providing a balanced budget 
and a sound financial future for the Nation. The Committee 
would like to point out that these rescissions are just the 
first step of a long uncomfortable, but necessary journey, 
needed to continue the effort to bring spending within revenue.

                              Bill Summary

    The bill recommended by the Committee includes $76,338,000 
in discretionary supplemental appropriations and $188,379,000 
in discretionary rescissions. The bill also includes $9,133,600 
in mandatory supplemental appropriations and $36,675,000 in net 
timber salvage sale receipts.
                                TITLE I

                      SUPPLEMENTAL APPROPRIATIONS

                               CHAPTER I

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

                       DEPARTMENT OF AGRICULTURE

                   Food Safety and Inspection Service

    The Committee recommends a supplemental appropriation of 
$9,048,000 for the Food Safety and Inspection Service, $34,000 
less than the budget request. This additional funding is 
necessary to cover the salaries and related pay expenses of 
FSIS employees in order to maintain the current level of 
inspection without interruption during the full fiscal year.

          Agricultural Stabilization and Conservation Service

                         salaries and expenses

    The Committee recommends a supplemental appropriation of 
$10,000,000 for Agricultural Stabilization and Conservation 
Service, salaries and expenses. The Committee is aware of the 
added duties and responsibilities placed on this agency without 
any corresponding funding to cover this work. For example, 
Congress passed the Crop Insurance Reform bill which will 
require the training of county employees to sell and service 
crop insurance policies. Congress also passed ad hoc disaster 
assistance which is carried out by this agency. These bills, in 
addition to the Secretary's announcement to extend Conservation 
Reserve Program contracts, will significantly impact the 
workload of the agency. The Committee's recommendation does not 
cover the total shortfall in funding (estimated to be $40 
million) needed to carry out these requirements, but is 
intended to provide some relief.

                   Commodity Credit Corporation Fund

    The Committee concurs with the budget request to raise from 
$30,000,000 to $50,000,000 the limit on transport and other 
non-commodity funds available from the Commodity Credit 
Corporation to facilitate donations of commodities under the 
Food for Progress program in 1995. These additional funds may 
be made available for transporting commodities for use in Food 
for Progress programs including those implemented by private 
voluntary organizations and cooperatives in developing 
countries and emerging democracies. The additional cost is 
offset by crop insurance reform savings earmarked for this 
purpose in the Uruguay Round Agreements Act, Public Law 103-
465, section 426. The request to provide additional increases 
for this purpose in fiscal year 1996 will be considered as part 
of the fiscal year 1996 appropriations process.

                       Food and Nutrition Service

    The President proposed supplemental language to transfer 
fiscal year 1995 appropriated funds from both the Child 
Nutrition Programs and the Food Stamp Program to conform 
activities within these accounts to what is being proposed as 
part of the fiscal year 1996 budget request. The Committee has 
not yet acted on the President's 1996 budget proposal and 
therefore does not include language to allow this transfer of 
funds to occur in 1995.

                           General Provisions

    The Committee did not concur with the President's proposed 
supplemental language to remove the current limitation on the 
Market Promotion Program.
                               CHAPTER II

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

                          DEPARTMENT OF STATE

                             RELATED AGENCY

                    United States Information Agency

                 international broadcasting operations

    The Committee recommends a supplemental appropriation of 
$7,290,000, the amount requested by the Administration, to be 
provided to Radio Free Europe/Radio Liberty (RFE/RL) to make up 
for currency exchange losses. Most of RFE/RL's operations are 
currently in Germany, although a move to Prague is now taking 
place. The rise in the value of the German mark against the 
dollar has left RFE/RL approximately $13,000,000 short in terms 
of the buying power of their original appropriation. Without a 
supplemental, RFE/RL will be forced to curtail its broadcasting 
sharply in the fourth quarter.
                              CHAPTER III

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS

                     BILATERAL ECONOMIC ASSISTANCE

                  funds appropriated to the president

                  Agency for International Development

                           debt restructuring

                         debt relief for jordan

    The Committee recommendation includes an appropriation of 
$50,000,000 for the cost of modifying direct loans made to 
Jordan by the Agency for International Development, the Export-
Import Bank, or the Department of Defense. These funds will be 
used to reduce or cancel these debts. The Administration had 
requested a supplemental appropriation of $275,000,000 for this 
purpose, including $32,000,000 for the cost of modifying 
concessional loans authorized under title I of the Agricultural 
Trade Development and Assistance Act of 1954, as amended, and 
credits owed by Jordan to the Commodity Credit Corporation. The 
authorization for this appropriation is contained in title VI 
of Public Law 103-306.
    The Foreign Operations, Export Financing, and Related 
Programs Supplemental Appropriations Act, 1994, provided 
$99,000,000 for the purpose of forgiving $220,000,000 in debt 
owed to United States government agencies by Jordan. The 
Administration had announced its intention to seek this debt 
relief in three tranches. However, the President's budget 
request for fiscal year 1996 includes a fiscal year 1995 
supplemental request of $275,000,000 to forgive all remaining 
debt.
    The following chart indicates the principal outstanding 
owed by Jordan for each of the agencies and programs for which 
debt relief is requested, based on the latest information made 
available to the Committee.

------------------------------------------------------------------------
                                             Principal     Appropriation
                                            outstanding      required   
------------------------------------------------------------------------
Agency for International Development....     $56,400,000     $18,500,000
Defense Security Assistance Agency......     296,300,000     198,600,000
Export-Import Bank......................      46,700,000      24,000,000
Public Law 480..........................      63,600,000      17,700,000
Commodity Credit Corporation............      17,500,000       9,900,000
                                         -------------------------------
      Total.............................     480,500,000     268,700,000
------------------------------------------------------------------------

    On February 22, 1995, the Secretary of State wrote to the 
Chairman of the Subcommittee on Foreign Operations, Export 
Financing, and Related Programs, regarding debt relief for 
Jordan. His letter stated, in part: ``Since Israel's birth as a 
state, every American administration has defined the promotion 
of Arab-Israeli peace as a vital national security interest. 
Supporting debt forgiveness for Jordan * * * serves this 
specific national security interest.''
    Due to budget constraints, the Committee has not 
recommended the full request for debt relief. However, it does 
recommend a level sufficient to forgive all debt owed to the 
Agency for International Development and the Export-Import 
Bank, as well as a portion held by the Defense Security 
Assistance Agency.
                               CHAPTER IV

                           LEGISLATIVE BRANCH

                        HOUSE OF REPRESENTATIVES

      Payments to Widows and Heirs of Deceased Members of Congress

    The normal death gratuity is provided to the family trust 
of the Honorable Dean A. Gallo, late a representative from the 
State of New Jersey.

                             BOTANIC GARDEN

    The Committee bill transfers $3,000,000 of funds which had 
been included within an overall appropriation of $7,000,000 to 
the Botanic Garden in the fiscal year 1995 Legislative Branch 
Appropriations Act to begin an extensive renovation program at 
the conservatory. These funds were made available by transfer 
from funds previously made available without fiscal year 
limitation under the heading ``Architect of the Capitol''. The 
$3 million is returned to the Capitol Complex Security 
Enhancement project. A security enhancement study has been 
instituted by the House and Senate Sergeants at Arms and they 
have suggested that the $3 million may be needed for those 
purposes, which was the original intent of these funds.
                               CHAPTER V

           DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                    Federal Railroad Administration

                      office of the administrator

    A provision has been included, as requested by the 
administration, which makes a technical change to the 
Department of Transportation and Related Agencies 
Appropriations Act, 1995. That Act reduced ``Federal railroad 
administration, office of the administrator'' by $3,000,000 and 
included a general provision (sec. 341) which allowed the 
department to transfer up to $3,000,000 to this account from 
recoveries received from the Delaware and Hudson Railway. 
According to updated information from the Department of 
Transportation, recoveries from the Delaware and Hudson Railway 
are not expected to reach that level; however, other funds are 
available from the section 511 loan guarantee fund. The 
provision in the bill allows access to those funds, and 
prevents administrative shortfalls in the office of the 
administrator account.
                               CHAPTER VI

            TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

    As requested by the President, the Committee has included 
language repealing the earmarking of funds and personnel 
resources to enforcement activities within this account. While 
the Committee continues to strongly support Treasury's law 
enforcement activities, removal of this earmark is intended to 
provide the Administration with flexibility to efficiently 
manage its resources.

                Federal Law Enforcement Training Center

                         salaries and expenses

    As requested by the President, the Committee has included 
language which will allow the Center to perform short-term 
medical services, minimizing the disruption of injured 
students' coursework.

                        Internal Revenue Service

                          information systems

    The Committee has included language which makes a technical 
change to the floor provided for Tax Systems Modernization, as 
recommended by the Administration. The Committee recommends 
setting the floor at $640,000,000 as requested instead of 
$622,366,000 as provided before.

          Administrative Provisions--Internal Revenue Service

    The Committee has included language clarifying Section 3, 
relating to the collection of fees.

                           United States Mint

                         salaries and expenses

    The Committee has included language which will allow the 
Mint flexibility to reprogram funds from expansion and 
improvements to the manufacturing of coins if needed to meet 
increased circulating coin demand.

                            RELATED AGENCIES

                    General Services Administration

    The Committee has included language which authorizes 
available funds to be used to fund an agreement between the 
General Services Administration and the Food and Drug 
Administration for laboratory and office space.

                     Office of Personnel Management

  government payment for annuitants, employee life insurance benefits

    The Committee has included language which will provide an 
additional $9,000,000 for the purpose of making the 
Government's contribution toward basic life insurance premium 
payments for Federal retirees under 65 years of age. This is a 
technical adjustment in the mandatory program due to an 
inaccurate estimate on the part on the part of the 
Administration.

                 Fiscal Year 1995 Supplemental Request

    The Committee does not approve two items which the 
President requested: language for the Federal Law Enforcement 
Training Center which would allow the Director to waive 
reimbursements and pay certain travel costs; and language which 
would transfer funding provided to the Secret Service for 
efforts to investigate missing and exploited children to 
counterfeiting.
                                TITLE II

                              RESCISSIONS

                               CHAPTER I

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

                       DEPARTMENT OF AGRICULTURE

                     Public Law 480 Program Account

    The Committee recommends a rescission of $20,000,000 from 
the title III commodity grants program. The fiscal year 1996 
President's budget proposed rescissions in fiscal year 1995 of 
$43,865,000 to title I for the cost of subsidy. The budget also 
proposed to rescind $92,500,000 from the title III grants 
program and $6,135,000 from ocean freight differential. The 
Committee notes that the P.L. 480 program level was reduced by 
over $200,000,000 from fiscal year 1994 to fiscal year 1995. 
Additional significant reductions will affect the United 
States' ability to respond to international food aid problems. 
The Committee does not concur with the additional rescissions.
                               CHAPTER II

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

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology

             scientific and technical research and services

    The Committee recommends a rescission of $19,500,000 from 
the National Institute of Standards and Technology's (NIST's) 
Scientific and Technical Research and Services appropriation 
account. This account, which funds the core internal research 
programs of NIST, was initially funded at $265,000,000 in 
fiscal year 1995, an increase of $39,000,000 above the fiscal 
year 1994 level. This reduction represents approximately one-
half the increase provided in fiscal year 1995. The proposed 
rescission does not impact the unobligated balances of 
$12,495,000 carried over into fiscal year 1995 which were not 
anticipated in the Administration's fiscal year 1995 budget 
request.
    The original increase provided for this account in fiscal 
year 1995 would have funded an additional 170 FTE over the base 
of 1,867--a 9 percent increase in personnel and a 16 percent 
increase in funding. Considering the reductions the Committee 
will face in fiscal year 1996 and beyond, as well as the 
ongoing efforts to reduce the Federal bureaucracy, the 
Committee has reduced the FTE increases to 4.5 percent--a more 
manageable rate of growth for the core NIST programs. The 
revised amount will still allow for an 8 percent increase in 
funding over fiscal year 1994.
    The Committee intends that this rescission be applied 
against subactivities receiving large increases over fiscal 
year 1994 levels, such as the Chemical Science and Technology, 
Electronics and Electrical Engineering, and the Computer 
Systems subactivities, including the environmental technology 
and high performance computing initiatives. The Committee 
expects NIST and the Department of Commerce to submit a 
reprogramming notification under the standard reprogramming 
procedures indicating the proposed distribution of this 
reduction by research category.
                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    The Committee recommends a rescission of $2,000,000 from 
the $1,731,416,000 appropriated in the fiscal year 1995 
appropriations bill. The cost of the Miami Summit of the 
Americas is estimated to be as much as $1,000,000 below the 
$6,000,000 budgeted for the event. In addition, the devaluation 
of the Mexican peso will result in lower costs to the 
Department of as much as $1,000,000. If additional savings are 
required, they should be taken by moving forward the timetable 
for Departmental restructuring announced by the Vice President 
as part of the restructuring of foreign affairs agencies on 
January 27, 1995. The Committee notes that the Vice President's 
announcement indicated that the Department would close an 
additional 15 posts overseas, eliminate one bureau, and 
eliminate public affairs, congressional relations, politico-
military affairs and policy planning components of bureaus 
where duplication exists.

            acquisition and maintenance of buildings abroad

    The Committee recommends a rescission of $20,000,000 from 
unobligated balances in the State Department's overseas 
construction and maintenance account. In addition to the 
$421,760,000 appropriated in fiscal year 1995, significant 
unobligated balances remain from projects provided for in 
previous years that are either still underway or not yet 
started. The Committee expects that the decision on how to 
distribute this rescission among projects will be made through 
re-examining planned projects and reducing them in size and 
scope, as well as conforming them to the recently announced 
foreign affairs restructuring. The Department is expected to 
report to the Committee on how these savings will be made.

              International Organizations and Conferences

        contributions for international peacekeeping activities

    The Committee recommends a rescission of $14,617,000 from 
the $533,304,000 provided in the fiscal year 1995 
appropriations bill for payment of assessed costs of United 
Nations peacekeeping operations.
    On April 17, 1994, approximately $4,000,000 in cash was 
stolen from an unsecured office at the headquarters of the 
United Nations Operation in Somalia (UNOSOM) in Mogadishu. The 
Report of the Secretary-General issued on February 2, 1995 
indicates that the investigation team found ``an incredible 
lack of concern on the part of the UNOSOM administration for 
security in the handling and safekeeping of the large amount of 
cash used in the mission.'' Auditors in December 1993 had 
warned of serious deficiencies in security, and the likelihood 
that something like this would happen, yet nothing was done. 
The taxpayers of the United States should not be charged for 
the malfeasance of UN peacekeeping operations. Consequently, 
the Committee recommends a rescission of the US assessed share 
of the stolen money, $1,216,000, to assure that taxpayers do 
not pay their hard earned money simply to have it walk away 
from an unsecured file cabinet in Mogadishu. The UN should be 
required to absorb this loss as a lesson that might make 
security a higher priority in the future.
    In addition, the Committee recommends a rescission of the 
$13,401,000 appropriated thus far in fiscal year 1995 for the 
UN peacekeeping operation in the Western Sahara, known as 
MINURSO. This is an operation that is now costing roughly 
$100,000 a day, and whose mission is to register a maximum of 
200,000 people to vote on a referendum on the future of the 
region. The operation has been underway since September of 
1991, and at last count had registered only about 12,000 
people. Elections have been put off many times. Furthermore, 
there are serious allegations pending that the registration 
process is dominated by Morocco.
    It is evident that this operation has had little 
supervision from either the United Nations or the United 
States, and that the expenditure of large amounts of funds has 
been permitted to go on indefinitely without any evaluation of 
the prospects of the operation leading to a successful 
election. Only after the Committee recently raised concerns 
about the conduct of the operation during one of its hearings 
was a team from the newly created UN Inspector General's office 
dispatched to the region.
    The State Department has indicated that when the mandate 
comes up for renewal this May, it will then decide whether to 
terminate this mission. Furthermore, the State Department has 
indicated that it expects the cost of the operation to the 
United States in 1995 to double from the $13,401,000 already 
appropriated to $27,810,000.
    The Committee believes that the State Department should 
decide whether this is a worthwhile expenditure of funds prior 
to committing the United States to paying its share of the 
operation, not after. In light of the poor record and 
inordinately high cost of this operation, the Committee 
recommends rescinding the funding previously appropriated for 
this operation.

                            RELATED AGENCIES

                  Arms Control and Disarmament Agency

                arms control and disarmament activities

    The Committee recommends a rescission of $3,000,000 from 
the $54,500,000 provided under this heading in the fiscal year 
1995 appropriations bill.
    Of that amount, $2,000,000 is rescinded from the $9,500,000 
provided for the activities related to the implementation of 
the Chemical Weapons Convention. Ratification and entry-into-
force of the Chemical Weapons Convention continue to be 
delayed. Even under the most optimistic schedule available, the 
Arms Control and Disarmament Agency (ACDA) estimates it will 
not spend $3,540,000 of the funding available for this purpose 
in fiscal year 1995.
    The remaining $1,000,000 is rescinded as a general 
administrative reduction. The announcement of the restructuring 
of foreign affairs agencies by the Vice President on January 
27, 1995 stated the following: ``The Arms Control and 
Disarmament Agency and the Department of State will eliminate 
duplication between their two agencies in the areas of arms 
control and nonproliferation and take steps to tie together the 
operations of ACDA and the State Department more effectively. 
ACDA will also cut back on overseas costs and streamline its 
operations in Washington.'' The Committee concurs with the need 
to cut back on overseas costs and streamline its operations in 
Washington. For instance, ACDA leases a building in Geneva for 
offices when it could operate out of the mission, and 
reportedly employs more drivers than are needed.

                    United States Information Agency

               educational and cultural exchange programs

    The Committee recommends a rescission of $5,000,000 from 
the $238,279,000 appropriated for exchanges in the fiscal year 
1995 appropriations bill. The Administration has proposed 
program reductions of $23,676,000 below the 1995 funding level 
in its fiscal year 1996 budget proposal. The Committee directs 
USIA to develop a specific plan for distributing the rescission 
among the exchange programs and to submit it to the Committee 
through the normal reprogramming procedures prior to 
implementing specific program reductions.

                           radio construction

    The Committee recommends a rescission of $6,000,000 from 
unobligated balances in USIA's Radio Construction account. In 
addition to the $85,314,000 appropriated in fiscal year 1995, 
significant unobligated balances remain from projects provided 
for in previous years that are still underway. The Committee 
expects that the decision on how to distribute this rescission 
among projects will be made through re-examining planned 
projects and reducing them in size and scope, as well as 
conforming them to the recently announced foreign affairs 
restructuring. The Agency is expected to report to the 
Committee on how these savings will be made.
                              CHAPTER III

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS

                     BILATERAL ECONOMIC ASSISTANCE

                  funds appropriated to the president

                  Agency for International Development

  debt restructuring under the enterprise for the americas initiative

    The Committee recommends a rescission of $2,400,000, the 
amount remaining from $50,000,000 appropriated in 1992 to 
restructure Latin American debt.

                         economic support fund

    The Committee recommends a rescission of Economic Support 
Funds totalling $42,975,000. Of the funds rescinded, $7,500,000 
is to be derived from unearmarked funds made available in 
fiscal year 1995, $20,000,000 to be derived from unearmarked 
funds made available in fiscal year 1994, and $15,475,000 in 
funds made available from fiscal year 1993 and prior years.

     operating expenses of the agency for international development

    The Committee recommends a rescission of $5,000,000 from 
current operating expenses of the Agency for International 
Development. The Committee has received a communication from 
the Vice President indicating that his efforts to restructure 
the nation's foreign affairs agencies will produce 
$5,000,000,000 in savings over five years. When the 
restructuring effort is combined with the ongoing campaign by 
the Administrator to ``reinvent'' the Agency for International 
Development, the proposed rescission represents a modest 
initial contribution by the Agency for International 
Development to the Vice President's savings goal.

  assistance for the new independent states of the former soviet union

    The Committee recommends a rescission of $17,500,000 from 
the $850,000,000 appropriated in fiscal year 1995 and 
$30,200,000 from the $2,600,000,000 appropriated during fiscal 
years 1993 and 1994. The Committee urges the Executive branch 
to obligate the amounts currently programmed for enterprise 
funds and for transfers to agencies other than the Agency for 
International Development. This rescission should not apply to 
programs making small grants to grass-root organizations, 
primarily outside of Moscow and Kiev.
                               CHAPTER IV

                           LEGISLATIVE BRANCH

                      CONGRESSIONAL BUDGET OFFICE

    The Committee has included a rescission of $187,000 in 
funds made available to the Congressional Budget Office for 
fiscal year 1995. These savings are due to a reestimate of the 
agency's contributions to the Federal Employees' Retirement 
System (FERS).
                               TITLE III

                           GENERAL PROVISIONS

    The Committee recommends a general provision (Section 301) 
to prohibit the use of any funds in any appropriations act for 
fiscal year 1995 to issue, administer or enforce any executive 
order, or other rule or order, that prohibits Federal contracts 
with companies that hire permanent replacements for striking 
employees. The Committee has taken this action because it 
believes that the Congress, and not the Executive Branch, has 
the responsibility to write the Nation's labor laws.
    The Committee is recommending nullification for the one-
for-one public housing replacement requirement through 
September 30, 1995 (Section 302). During this time period, the 
Department is urged to approve expeditiously applications for 
public housing demolition and disposition.
    The Committee has recommended three general provisions 
which impact activities of the Environmental Protection Agency 
associated with implementation of the Clean Air Act. 
Restrictions of funds have been recommended for the imposition 
and enforcement of requirements that States must implement both 
an inspection and maintenance program for vehicular emissions 
and trip reduction measures to reduce vehicular emissions 
(Sections 303 and 304). While not required to include these two 
programs, State implementation plans under the Clean Air Act 
could still contain such programs at the discretion of the 
States. In those States where such programs have already been 
initiated, the Committee believes that every effort should be 
made to recognize the substantial investment by the private 
sector. The remaining provision (Section 305) clarifies that 
the promulgation of a Federal implementation plan under the 
Clean Air Act for three areas of California shall have no 
further force and effect. This action removes the cloud which 
exists as a result of promulgating a Federal implementation 
plan at the same time a State implementation plan is undergoing 
the approval process by the Environmental Protection Agency.
    Section 306.--The Committee hereby expressly declares that 
this provision is necessary not to effectuate any change in 
federal law or policy, but rather to correct erroneous 
administrative and judicial understandings of its prior 
enactments.
                          Timber Salvage Sales

    The Committee has included bill language (Section 307) to 
establish a two-year emergency timber salvage program to 
address the short term aspects of the emergency fire, insect 
and disease situation on Forest Service and Bureau of Land 
Management (BLM) lands.
    Millions of acres of trees on public lands have burned in 
recent years. In 1994, more than 4 million acres of public 
lands burned. On Forest Service lands alone, over 6 billion 
board feet of timber was killed by fire, while a mere 1 billion 
board feet of salvage timber volume was offered. More timber 
burned in 1994 than was harvested from Forest Service land, and 
33 firefighters died fighting the forest fires of 1994. The 
federal costs to fight the 1994 fires approached $1 billion.
    Since 1986, timber mortality due to insects and disease is 
up nearly 25%. Eleven million of 64 million acres of National 
Forest timber land in eleven western states were infested with 
pine beetles and spruce budworms. Those 11 million acres 
contain enough wood to build 13 million new homes.
    The gypsy moth and a parasitic fungus have defoliated 2 
million acres in the northeast and central states. In 1992-93, 
pine beetles and other southern pests damaged 14 million acres 
of southern pine forests.
    Despite an estimated backlog of 21 billion board feet of 
dead and dying timber due to insect, disease, or fire on public 
forests, the Forest Service timber salvage program has averaged 
approximately 1.8 billion board feet during the last five 
years. For fiscal 1995, 1.57 billion board feet are programmed 
by the Forest Service. In fiscal year 1996, 1.449 billion board 
feet are programmed for harvest.
    Within 6 to 24 months, much of the salvage timber 
deteriorates and becomes unmerchantable. This underscores the 
need to expedite salvage timber sales. However, the current 
lengthy Forest Service process for providing salvage timber, 
delayed further by appeals and lawsuits, is not conducive to 
providing nearly enough salvage timber to the marketplace 
before it rots.
    The Committee has recommended the creation of an emergency, 
two-year timber salvage program to address this dire situation, 
revitalize public land forests, and enhance the ability of the 
Forest Service to expeditiously prepare environmental 
documentation to provide salvage timber to market.
    Using the procedures of the amendment, the Secretaries of 
Agriculture and Interior must prepare, advertise, offer, and 
award contracts for not less than 3 billion board feet of 
salvage timber sales in each of two years. The document for 
each sale combines an environmental assessment under the 
National Environmental Policy Act and a biological evaluation 
under the Endangered Species Act. Each Secretary has 
flexibility in that the volume that receives an environmental 
assessment may total in excess of the volume requirements of 
the bill; however, each Secretary may select among the sales 
prepared in order to attain the minimum volume required. 
Flexibility in the first year of the program has been added 
which allows the Secretary to offer sales which total fifty 
percent of the total volume within three months of enactment 
and the remaining volume evenly distributed throughout the 
first year period. Each Secretary is required to report to 
appropriate House and Senate committees on their attainment of 
volume requirements during the two year emergency period.
    The two agencies are urged to use all available authorities 
to meet the deadlines, including contracting for private sector 
timber cruising and other sales preparation activities. The 
total time period permitted for the preparation and offering of 
salvage timber sales under the amendment is 120 days for the 
one-half of first year's sales. The remaining first year 
emergency salvage sales shall occur in an evenly distributed 
time frame. Second year sales shall have similar flexibility.
    The Forest Service and BLM are free to redesign or 
disapprove sales, particularly if warranted by the analysis 
contained in the consolidated documents, so long as they 
substitute other sales to satisfy the annual volume 
requirements. Those documents and agency decisions based on 
them are the only documents and procedures required to conduct 
the salvage timber sales and are deemed to satisfy federal 
environmental laws and regulations by the provision. The 
emergency salvage timber provision also overrides any court 
orders and restraining orders or decisions issued prior to 
enactment.
    Each Secretary's duties include reforestation after 
emergency salvage sales are harvested, consistent with the 
agencies regulations.
    The emergency salvage sale provision bars administration 
appeals of sales conducted pursuant to the provision. This 
allows challengers to go directly to court and hastens a final 
disposition of the challenge, while the dead and dying timber 
can still be sold and harvested if the courts ultimately 
determine that the sales are valid. The maximum timeframe for 
the total process for preparing the document to harvest of the 
sale is 120 days for half of the first year volume.
    Finally, in language borrowed verbatim from previously 
enacted law, the amendment sets deadlines for filing and 
appealing lawsuits challenging salvage timber sales (15 days 
and 30 days respectively) and for the district courts to decide 
the lawsuits (45 days unless otherwise required by the 
Constitution). To protect challengers, the amendment requires 
an automatic 45 days stay while the district court hears and 
decides the case. Thus, restraining orders and preliminary 
injunctions are unnecessary and therefore barred. If the court 
decides the sale is valid prior to expiration of the automatic 
stay, the stay is lifted and harvesting can begin.
    The emergency salvage provision prohibits harvesting in 
National Wilderness Preservation System lands, roadless areas 
designated by Congress for wilderness study, and roadless areas 
recommended for wilderness designation in the most recent land 
management plan.
    The section also includes subsection (i), a provision to 
release a group of sales that have already been sold under the 
provisions of Section 318 of the fiscal year 1990 Interior and 
Related Agencies Appropriations Act. The harvest of these sales 
was assumed under the President's Pacific Northwest Forest 
Plan, but their release has been held-up due to subsequent 
review by the U.S. Fish and Wildlife Service. Release of these 
sales will remove tens of millions of dollars of liability from 
the government for contract cancellation. Also, the revenues 
from timber receipts will increase by over $155 million from 
current estimates.
    The President's Pacific Northwest Forest Plan has recently 
been upheld in a federal district court challenge brought by 
environmental groups and the timber industry. Paragraph 2 of 
this provision specifies that compliance with the terms of 
subsection (i) shall not permit a second court review of the 
President's Plan.

                       bureau of labor statistics

                          consumer price index

    The Committee has heard testimony from officials at the 
Bureau of Labor Statistics regarding efforts to improve the 
accuracy of the Consumer Price Index. The CPI does not only 
determine spending in a variety of government programs, but it 
also is used widely in the private sector, because it carries 
the imprimatur of an official government measure. For this 
reason, any inaccuracies in that measurement not only effect 
the federal budget, but also cause distortions in the overall 
economy. Therefore, improving the accuracy of the CPI is urgent 
and important.
    The Committee believes BLS must redouble and accelerate its 
efforts to produce a more accurate CPI.
                            COMMITTEE VOTES

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

                          roll call number: 1

date: march 2, 1995
measure: supplemental & rescission bill, fy 1995
motion by: mr. istook
description of motion: limitation on funding of abortion.

                                results

    Members Voting Yea--33: Mr. Bevill, Mr. Bonilla, Mr. Bunn, 
Mr. Callahan, Mr. DeLay, Mr. Dickey, Mr. Forbes, Mr. Hobson, 
Mr. Istook, Mr. Kingston, Mr. Knollenberg, Mr. Lewis, Mr. 
Lightfoot, Mr. Livingston, Mr. McDade, Mr. Miller, Mr. 
Mollohan, Mr. Murtha, Mr. Myers, Mr. Nethercutt, Mr. Neumann, 
Mr. Packard, Mr. Regula, Mr. Riggs, Mr. Rogers, Mr. Skeen, Mr. 
Taylor, Mr. Thornton, Mrs. Vucanovich, Mr. Walsh, Mr. Wicker, 
Mr. Wolf, and Mr. Young.
    Members Voting Nay--21: Mr. Chapman, Mr. Coleman, Mr. 
Dicks, Mr. Durbin, Mr. Fazio, Mr. Foglietta, Mr. Frelinghuysen, 
Mr. Hefner, Mr. Hoyer, Ms. Kaptur, Mr. Kolbe, Mrs. Lowey, Mr. 
Obey, Ms. Pelosi, Mr. Sabo, Mr. Skaggs, Mr. Stokes, Mr. Torres, 
Mr. Visclosky, Mr. Wilson, and Mr. Yates.
                          roll call number: 2

date: march 2, 1995
measure: supplemental & rescission bill, fy 1995
motion by: mr. mcdade
description of motion: report the bill as amended.

                                results

    Members Voting Yea--32: Mr. Bonilla, Mr. Bunn, Mr. 
Callahan, Mr. DeLay, Mr. Dickey, Mr. Dicks, Mr. Forbes, Mr. 
Frelinghuysen, Mr. Hobson, Mr. Istook, Mr. Kingston, Mr. 
Knollenberg, Mr. Kolbe, Mr. Lewis, Mr. Lightfoot, Mr. 
Livingston, Mr. McDade, Mr. Miller, Mr. Nethercutt, Mr. 
Packard, Mr. Porter, Mr. Regula, Mr. Riggs, Mr. Rogers, Mr. 
Skeen, Mr. Taylor, Mr. Visclosky, Mrs. Vucanovich, Mr. Walsh, 
Mr. Wicker, Mr. Wolf, and Mr. Young.
    Members Voting Nay--19: Mr. Bevill, Mr. Chapman, Mr. 
Coleman, Mr. Dixon, Mr. Durbin, Mr. Fazio, Mr. Hefner, Mr. 
Hoyer, Ms. Kaptur, Mrs. Lowey, Mr. Mollohan, Mr. Obey, Ms. 
Pelosi, Mr. Sabo, Mr. Skaggs, Mr. Stokes, Mr. Thornton, Mr. 
Wilson, and Mr. Yates.
               CHANGES IN THE APPLICATION OF EXISTING LAW

    Pursuant to clause 3 of rule XXI of the House of 
Representatives, the following statements are submitted 
describing the effect of provisions in the accompanying bill 
which directly or indirectly change the application of existing 
law.
    Language is included in the bill which permits the transfer 
of funds from Railroad Rehabilitation and Improvement Program 
to the Office of the Administrator, Federal Railroad 
Administration.
    Language is included in the bill exempting public housing 
authorities in fiscal year 1995 from the one-for-one 
replacement requirement for demolished or disposed of public 
housing units.
    Language is included in the bill which rescinds any Federal 
Implementation Plan promulgated in California under the Clean 
Air Act, prohibits the EPA from using any funds to impose or 
enforce any requirement that a State implement an inspection 
and maintenance program for vehicular emissions during 1995, 
and prohibits EPA from using any funds to impose or enforce any 
requirement that a State implement trip reduction measures to 
reduce vehicular emissions in 1995.
    Language is included in Title II of the bill which rescinds 
budget authority from various appropriation accounts.
    Language is included under Commodity Credit Corporation 
Fund, United States Information Agency, Federal Railroad 
Administration, and section 301 that could be construed as 
legislative in nature.
    Language is included under Botanic Garden that transfers 
unexpended balances and extends funds availability.
    Language is included under chapter VI that amends Public 
Law 103-329 in five instances.
    Language is included which authorizes the General Services 
Administration to use available funds for an agreement between 
the GSA and the Food and Drug Administration concerning 
laboratory and office space.
    Language is included under Title III, General Provisions, 
providing that under the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies Appropriations 
Acts for fiscal years 1994 and 1995, ``effective October 1, 
1993, and notwithstanding any other law, each State is and 
remains free not to fund abortions to the extent that the State 
in its sole discretion deems appropriate, except where the life 
of the mother would be endangered if the fetus were carried to 
term.''
    Language is included in Title III, General Provisions, 
providing for an emergency two-year timber sales program on 
Forest Service and Bureau of Land Management lands and waiving 
applicable laws, regulations, and court orders for the duration 
of the program.
                  COMPLIANCE WITH RULE XIII--CLAUSE 3

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman);
    Section 341 of Public Law 103-331 is amended as follows:
    Sec. 341. Amounts not to exceed $3,000,000 available in the 
obligation guarantee fund established under section 511 of the 
Railroad Revitalization and Regulatory Reform Act of 1976 
(Public Law 94-210), as amended, [and received from the 
Delaware and Hudson Railroad,] shall be transferred to the 
Federal Railroad Administration, ``Office of the 
administrator'' for necessary expenses of the Federal Railroad 
Administration.
    A proviso under the head ``Departmental Offices, Salaries 
and Expenses'' in Public Law 103-329, is amended as follows:

          For necessary expenses of the Departmental Offices 
        including operation and maintenance of the Treasury 
        Building and Annex; hire of passenger motor vehicles; 
        maintenance, repairs, and improvements of, and purchase 
        of commercial insurance policies for, real properties 
        leased or owned overseas, when necessary for the 
        performance of official business; not to exceed 
        $2,900,000 for official travel expenses; not to exceed 
        $3,101,000 to remain available until September 30, 
        1997, shall be available for information technology 
        modernization requirements; [of which not less than 
        $6,443,000 and 85 full-time equivalent positions shall 
        be available for enforcement activities;] not to exceed 
        $150,000 for official reception and representation 
        expenses; not to exceed $258,000 for unforeseen 
        emergencies of a confidential nature, to be allocated 
        and expended under the direction of the Secretary of 
        the Treasury and to be accounted for solely on his 
        certificate; not to exceed $490,000, to remain 
        available until September 30, 1997, for repairs and 
        improvements to the Main Treasury Building and Annex; 
        $104,479,000: Provided, That of the offsetting 
        collections credited to this account, $79,000 are 
        permanently canceled.

    A proviso under the head ``Federal Law Enforcement Training 
Center, Salaries and Expenses'' in Public Law 103-329, is 
amended as follows:

          For necessary expenses of the Federal Law Enforcement 
        Training Center, as a bureau of the Department of the 
        Treasury, including materials and support costs of 
        Federal law enforcement basic training; purchase (not 
        to exceed fifty-two for police-type use) and hire of 
        passenger motor vehicles; for expenses for student 
        athletic and related activities; uniforms without 
        regard to the general purchase price limitation for the 
        current fiscal year; the conducting of and 
        participating in firearms matches and presentation of 
        awards; for public awareness and enhancing community 
        support of law enforcement training; not to exceed 
        $7,000 for official reception and representation 
        expenses; room and board for student interns; and 
        services as authorized by 5 U.S.C. 3109: Provided, That 
        the Center is authorized to accept and use gifts of 
        property, both real and personal, and to accept 
        services, for authorized purposes, including funding of 
        a gift of intrinsic value which shall be awarded 
        annually by the Director of the Center to the 
        outstanding student who graduated from a basic training 
        program at the Center during the previous fiscal year, 
        which shall be funded only by gifts received through 
        the Center's gift authority: Provided further, That 
        notwithstanding any other provision of law, students 
        attending training at any Federal Law Enforcement 
        Training Center site shall reside in on-Center or 
        Center-provided housing, insofar as available and in 
        accordance with Center policy: Provided further, That 
        funds appropriated in this account shall be available 
        for training United States Postal Service law 
        enforcement personnel and Postal police officers, at 
        the discretion of the Director; State and local 
        government law enforcement training on a space-
        available basis; training of foreign law enforcement 
        officials on a space-available basis with reimbursement 
        of actual costs to this appropriation; training of 
        private sector security officials on a space-available 
        basis with reimbursement of actual costs to this 
        appropriation; travel expenses of non-Federal personnel 
        to attend State and local course development meetings 
        at the Center: Provided further, That the Center is 
        authorized to obligate funds in anticipation of 
        reimbursements from agencies receiving training at the 
        Federal Law Enforcement Training Center, except that 
        total obligations at the end of the fiscal year shall 
        not exceed total budgetary resources available at the 
        end of the fiscal year: Provided further, That the 
        Federal Law Enforcement Training Center is authorized 
        to provide [first-aid and emergency] short-term medical 
        services for students undergoing training at the 
        Center; $46,713,000, of which $8,821,000 for materials 
        and support costs of Federal law enforcement basic 
        training shall remain available until September 30, 
        1997.

    Appropriation language under the head ``Internal Revenue 
Service, Information Systems'' in Public Law 103-329, is 
amended as follows:

          For necessary expenses for data processing and 
        telecommunications support for Internal Revenue Service 
        activities, including tax systems modernization 
        (modernized developmental systems), modernized 
        operational systems, services and compliance, and 
        support systems; and for the hire of passenger motor 
        vehicles (31 U.S.C. 1343(b)); and services as 
        authorized by 5 U.S.C. 3109, at such rates as may be 
        determined by the Commissioner: $1,388,000,000 of which 
        no less than [$650,000,000] $640,000,000 shall be 
        available for tax systems modernization, of which up to 
        $185,000,000 for tax and information systems 
        development projects shall remain available until 
        September 30, 1997: Provided, That none of the funds 
        appropriated for tax systems modernization may be 
        obligated until the Commissioner of the Internal 
        Revenue Service reports to the Committees on 
        Appropriations of the House and Senate on the 
        implementation of Tax Systems Modernization.

    Section 3 under the head ``Administrative Provisions-
Internal Revenue Service'' in Public Law 103-329, is amended as 
follows:

          The Secretary of the Treasury may establish new fees 
        or raise existing fees for services provided by the 
        Internal Revenue Service to increase receipts, where 
        such fees are authorized by another law. The Secretary 
        of the Treasury may spend the new or increased fee 
        receipts to supplement appropriations made available to 
        the Internal Revenue Service appropriations accounts in 
        fiscal years 1995 and thereafter: Provided, That the 
        Secretary shall base such fees on the costs of 
        providing specified services to persons paying such 
        fees: Provided further, That the Secretary shall 
        provide quarterly reports to the Congress on the 
        collection of such fees and how they are being expended 
        by the Service: Provided further, That the total 
        expenditures from such fees shall not exceed 
        $119,000,000 annually.

    Appropriation language under the head ``United States Mint, 
Salaries and Expenses'' in Public Law 103-329, is amended as 
follows:

          For necessary expenses of the United States Mint; 
        $55,740,000, of which not to exceed $1,540,000 shall 
        remain available until September 30, 1997, for 
        expansion and improvements.
                  APPROPRIATIONS NOT AUTHORIZED BY LAW

    Pursuant to clause 3 of rule XXI of the House of 
Representatives, the following table lists the appropriations 
in the accompanying bill which are not authorized by law:

DEPARTMENT OF AGRICULTURE:
        Commodity Credit Corporation:
                Commodity Credit Corporation Fund: Food for 
                Progress.
LEGISLATIVE BRANCH:
        House of Representatives:
                Payments to Widows and Heirs of Deceased 
                Members of Congress.
DEPARTMENT OF TRANSPORTATION:
        Federal Railroad Administration:
                Office of the Administrator.
                           TRANSFER OF FUNDS

    Pursuant to clause 1(b), rule X of the House of 
Representatives, the following is submitted describing the 
transfer of funds provided in the accompanying bill.
    The following table shows the appropriations affected by 
the transfers:

             APPROPRIATION TRANSFERS RECOMMENDED IN THE BILL            
------------------------------------------------------------------------
   Account to which                    Account from which               
  transfer is to be       Amount       transfer is to be       Amount   
         made                                 made                      
------------------------------------------------------------------------
Legislative Branch:      $3,000,000  Legislative Branch:      $3,000,000
 Architect of the                     Botanic Garden,                   
 Capitol, Capitol                     Salaries and                      
 Buildings and                        Expenses.                         
 Grounds, Capitol                                                       
 Complex Security                                                       
 Enhancements.                                                          
Department of               611,950  Department of               611,950
 Transportation:                      Transportation:                   
 Federal Railroad                     Federal Railroad                  
 Administration,                      Administration,                   
 Office of the                        Railroad                          
 Administrator.                       Rehabilitation and                
                                      Improvement Program.              
Department of                    NA  Department of                    NA
 Agriculture:                         Agriculture:                      
 Commodity Credit                     Commodity Credit                  
 Corporation Fund.                    Corporation Fund.                 
General Services                 NA  General Services                 NA
 Administration:                      Administration:                   
 Federal Buildings                    Federal Buildings                 
 Fund.                                Fund.                             
Department of the                NA  Department of the                NA
 Treasury:                            Treasury:                         
 Departmental                         Departmental Offices              
 Offices, Salaries                    Salaries and                      
 and Expenses.                        Expenses.                         
Federal Law                      NA  Federal Law                      NA
 Enforcement Training                 Enforcement Training              
 Center, Salaries and                 Center, Salaries and              
 Expenses.                            Expenses.                         
Internal Revenue                 NA  Internal Revenue                 NA
 Service, Information                 Service, Information              
 Systems.                             Systems.                          
United States Mint,              NA  United States Mint,              NA
 Salaries and                         Salaries and                      
 Expenses.                            Expenses.                         
------------------------------------------------------------------------

                                                            
                                                            
                                                            
                                                            
                   COMMPARISON WITH BUDGET RESOLUTION

    Section 308(a)(1)(A) of the Congressional Budget and 
Impoundment Control Act of 1974 (Public Law 93-344), as 
amended, requires that the report accompanying a bill providing 
new budget authority contain a statement detailing how that 
authority compares with the reports submitted under section 602 
of the Act for the most recently agreed to concurrent 
resolution on the budget for the fiscal year. All funds 
provided in this bill are offset herein.
    The bill provides no new spending authority as described in 
section 401(c)(2) of the Congressional Budget and Impoundment 
Control Act of 1974 (Public Law 93-344), as amended.

                      FIVE-YEAR OUTLAY PROJECTIONS

    In compliance with section 308(a)(1)(C) of the 
Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344), as amended, the following table contains 
five-year projections associated with the budget authority 
provided in the accompanying bill:

                              [In millions]

Budget Authority........................................           -$140
Outlays:
    Fiscal year 1995....................................             -41
    Fiscal year 1996....................................             -82
    Fiscal year 1997....................................             -66
    Fiscal year 1998....................................             -37
    Fiscal year 1999 and future years...................              -6
               ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

    In accordance with section 308(a)(1)(C) of the 
Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344), as amended, the financial assistance to 
State and local governments is as follows:

                              [In millions]

New budget authority....................................            -$22
Fiscal year 1995 outlays resulting therefrom............             -16
                     INFLATIONARY IMPACT STATEMENT

    Pursuant to clause 2(l)(4) of rule XI of the House of 
Representatives, the Committee estimates that enactment of this 
bill would have no overall inflationary impact on prices and 
costs in the operation of the national economy.














 DISSENTING VIEWS OF THE HONORABLE DAVID R. OBEY ON DEFERRING THE F-22 
   FIGHTER AIRCRAFT TO PRESERVE FUNDING FOR THE SCHOOL LUNCH PROGRAM

    Several Committees of the House considering welfare reform 
legislation are planning to terminate the federal School Lunch 
Program (and several related nutrition programs) in order to 
give block grants to states that can be used for a variety of 
purposes. Under these proposals, the total five-year authorized 
ceilings for federal appropriations into these block grants 
would fall $7 billion below current program costs for the 
existing programs.
    School Lunch Program Should Not Be Used To Finance A Tax 
Cut. It is widely reported that the Republican Leadership plans 
to use savings from welfare reform along with savings from this 
bill to pay for changes to the tax code. Using the School Lunch 
Program as a means to find budgetary savings to pay for a tax 
cut targeted at high income individuals is deeply disturbing to 
many of us in the Democratic minority of this Committee. The 
Congress should not finance a tax cut by taking food from 
hungry children and pregnant mothers.
    As a means of illustrating the opportunities to find areas 
of significant savings without cutting essential nutrition 
programs, I offered an amendment in full committee mark-up that 
would slow down deployment of the F-22 fighter aircraft by five 
years. My amendment applied $7 billion of the savings from this 
delay to restore the Republican cuts to the School Lunch 
Program and other family nutrition programs. I think this is a 
good trade-off that best preserves the health and strength of 
this country. Unfortunately my amendment was voted down at the 
urging of the Republican Leadership.
    Multi-Billion Dollar F-22 Fighter Program Can Be Deferred. 
My amendment would replenish these essential nutrition cuts 
with $7 billion of the funds planned to be spent to finish 
research and development and begin production of the F-22 
fighter over the next five years.
    This $7 billion shift represents only 60 percent of the 
planned five-year expenditures for this aircraft and would be 
accomplished by delaying the F-22 deployment (IOC) date from 
2004 to 2009. This would not kill the F-22 program. Only $7 
billion of the total F-22 program would be diverted, leaving 
$4.5 billion to continue R&D work and to retain the F-22 
production base over the next five years.
    Why can we afford to delay the F-22? According to the GAO, 
there are many sound reasons.
    First and foremost, we already have the best air 
superiority fighter in the world, and the threat to that plane 
has been shrinking, not growing. Air Force F-15 air superiority 
fighters, by most measures, are more capable than the most 
advanced threat system of any potential adversary expected to 
exist when the F-22 is fielded.
    The break up of the Warsaw Pact and the Soviet Union has 
greatly lessened the quantity and quality of the potential 
fighter threat to United States forces. Compared to over 900 F-
15's in the U.S. inventory, potential foreign adversaries have 
only a handful of expensive high performance fighters that come 
close to matching the F-15's performance.
    This situation is not expected to change in the foreseeable 
future. Because of their expense, the Defense Department 
believes that few purchases of high performance fighter 
aircraft will be made by potential U.S. adversaries anytime 
soon.
    In addition to high numbers of superior aircraft, the U.S. 
Air Force has other capabilities to greatly enhance its air 
superiority mission that potential U.S. adversaries lack, 
including the E-3 Airborne Warning and Control System and 
superb pilot training methods.
    The F-22 program was planned in the early 1980's with the 
goal of meeting a Cold War threat that is now far less 
formidable. The original plan also assumed limits on the 
structural life of the F-15 which since have been shown to be 
overly pessimistic. The GAO reports that more recent DoD tests 
in the 1990's show that none of the 918 F-15's in the inventory 
as of July 1992 will begin to exceed their expected economic 
service lives until 2014. The GAO flatly states that the 
current inventory of F-15's can be economically maintained in a 
structurally sound condition until 2015 or later.
    The GAO also reports that even though the F-22 will be the 
most expensive fighter plane in history--at $162 million a 
copy--it will be a highly specialized aircraft to be used by 
one service to perform one mission. (A new F-15E costs about 
$55 million.) The F-22 is designed to operate from land bases 
only. It cannot operate from Navy carriers or readily be 
converted for such operations. It is designed to have only a 
very limited air-to-ground capability.
    This all runs contrary to current DoD acquisition policy 
intended to take full advantage of commonality, ``jointness'', 
and versatility when designing and buying new equipment. 
Defense Department doctrine now places great emphasis on multi-
mission and multi-role platforms that have high degrees of 
commonality between the services. Cost constraints will force 
an even greater emphasis on commonality and multi-mission 
capability in the years ahead, especially for expensive 
aircraft.
    Based on the foregoing, the General Accounting Office 
recommended in March 1994 that the Secretary of Defense defer 
the initial operational capability of the F-22 by seven years 
and adjust the planned production date accordingly.
    My amendment would not go that far. It would defer F-22 
initial operational capability by five years in order to 
preserve our nutrition programs and leave $4.5 billion in the 
program to work on improving the multi-mission capability of 
this plane and preserving its production base. This would delay 
fielding the F-22 until 2009, five years ahead of the date that 
the DoD predicts its F-15 fleet will begin to exceed its 
expected economic service life. In fact, this delay may end up 
to be beneficial since added time for more R&D may allow the 
Air Force to convert the F-22 into a true multi-mission 
aircraft that can be modified for Navy use.
    The F-22 is an excellent aircraft that will be fielded. The 
question is not whether it is fielded, only when it is fielded. 
I think the evidence is clear that we have higher near-term 
priorities that must come first.
                                                         Dave Obey.
   DISSENTING VIEWS OF THE HONORABLE NITA LOWEY, THE HONORABLE NANCY 
 PELOSI, THE HONORABLE LOUIS STOKES, AND THE HONORABLE DAVID E. SKAGGS 
                        ON THE ISTOOK AMENDMENT

    The amendment on Medicaid funding of abortion offered by 
Mr. Istook of Oklahoma clearly reverses Congressional policy on 
Medicaid funded abortion adopted in the FY 1994 and FY 1995 
Labor, Health and Human Services, and Education Appropriations 
bills. At the time of enactment, proponents of both the FY 1994 
and FY 1995 Hyde Amendments fully understood that the states 
would be required to provide Medicaid matching funds for 
abortions where the woman's life was endangered and where the 
pregnancy was a result of rape or incest. Judicial opinions 
both before and after these amendments confirm that states are 
mandated to provide coverage for all abortions for which 
federal funding is available. The view of the majority 
declaring that the Istook amendment merely clarifies that 
states had full discretion to deny funds for abortion for which 
federal funds are available is without legal foundation.

                                   Nita Lowey.
                                   Nancy Pelosi.
                                   Louis Stokes.
                                   David E. Skaggs.
DISSENTING VIEWS OF CONGRESSMAN DAVID E. SKAGGS ON THE ISTOOK AMENDMENT

    It is stunning and appalling that, under the pretext of 
states' rights, the Committee chose to adopt Mr. Istook's 
amendment on Medicaid-funded abortions. The idea that we would 
deliberately and knowingly condemn poor women impregnated by 
rape or incest to carry those pregnancies to term and bear the 
children of those who assault them reflects a moral distortion 
of the first order.

                                                      David Skaggs.