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105TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 105–96

PROVIDING FOR THE CONSIDERATION OF H.R. 1469, THE

EMERGENCY SUPPLEMENTAL APPROPRIATIONS BILL

FOR FISCAL YEAR 1997

MAY 13, 1997.—Referred to the House Calendar and ordered to be printed

Mr. SOLOMON, from the Committee on Rules,

submitted the following

REPORT

[To accompany H. Res. 146]

The Committee on Rules, having had under consideration House

Resolution 146, by a nonrecord 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 consideration of H.R. 1469, the

‘‘Emergency Supplemental Appropriations Bill for FY 1997’’ under

an open rule. The rule provides one hour of general debate divided

equally between the chairman and ranking minority member of the

Committee on Appropriations and waives all points of order against

consideration of the bill.

The rule further provides that the amendment printed in the

rule and the amendment printed in Part 1 of this report shall be

considered as adopted. All points of order against provisions in the

bill for failure to comply with clause 2 (prohibiting unauthorized or

legislative provisions in a general appropriations bill) or clause 6

(prohibiting reappropriations in a general appropriations bill) of

Rule XXI, are waived, except as specified in the rule.

The rule also waives all points of order against each amendment

printed in Part 2 of this report which may only be offered in the

order specified, shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, shall be considered as read, shall be offered only by the member designated in this report, and shall not be subject to further

amendment or a demand for a division of the question in the House

or in the Committee of the Whole.
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The rule grants priority in recognition to those Members who

have pre-printed their amendments in the Congressional Record

prior to their consideration if otherwise consistent with House

rules. The rule also allows the Chairman of the Committee of the

Whole to postpone votes during consideration of the bill, and to reduce the vote to five minutes on a postponed question if the vote

follows a fifteen minute vote.

The rule further waives points of order against all amendments

for failure to comply with clause 2(e) of rule XXI (prohibiting nonemergency designated amendments to be offered to an appropriations bill containing an emergency designation).

Finally, the rule provides for one motion to recommit, with or

without instructions.

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. 19

Date: May 13, 1997.

Measure: Rule for the consideration of H.R. 1469, Emergency

Supplemental Appropriations for fiscal year 1997.

Motion by: Mr. Moakley.

Summary of motion: Make in order Kaptur-Roukema amendment No. 29 that provides an additional $38 million in funding for the

Special Supplemental Food Program for Women, Infants, and Children to be offset with funds from section 8 HUD funds.

Results: Defeated 4–8.

Vote by Members: Dreier—Nay; Goss—Nay; Pryce—Nay; DiazBalart—Nay; McInnis—Nay; Hastings—Nay; Myrick—Nay; Moakley—Yea; Frost—Yea; Hall—Yea; Slaughter—Yea; Solomon—Nay.

COMMITTEE VOTES

Rules Committee Rollcall No. 20

Date: May 13, 1997.

Measure: Rule for the consideration of H.R. 1469, Emergency

Supplemental Appropriations for fiscal year 1997.

Motion by: Mr. Moakley.

Summary of motion: Make in order Pelosi amendment that pro- vides $68 million for the remainder of the fiscal year to the AIDS

Drug Assistance Program which would be offset by increasing the

rescission of unobligated budget authority at HUD.

Results: Defeated 4–8.

Vote by Members: Dreier—Nay; Goss—Nay; Pryce—Nay; DiazBalart—Nay; McInnis—Nay; Hastings—Nay; Myrick—Nay; Moakley—Yea; Frost—Yea; Hall—Yea; Slaughter—Yea; Solomon—Nay.

COMMITTEE VOTES

Rules Committee Rollcall No. 21

Date: May 13, 1997.

Measure: Rule for the consideration of H.R. 1469, Emergency

Supplemental Appropriations for fiscal year 1997.
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Motion by: Ms. Slaughter.

Summary of motion: Make in order a second degree amendment

to be offered by the bill manager.

Results: Defeated 4–8.

Vote by Members: Dreier—Nay; Goss—Nay; Pryce—Nay; DiazBalart—Nay; McInnis—Nay; Hastings—Nay; Myrick—Nay; Moakley—Yea; Frost—Yea; Hall—Yea; Slaughter—Yea; Solomon—Nay.

AMENDMENTS MADE IN ORDER BY THE RULE FOR H.R. 1469—

SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1997

(Listed in order they will appear in this report)

Part I (Amendment considered as adopted)

1. Riggs: Provides an additional $38 million in funding for the

Special Supplemental Food Program for the Women, Infants and

Children program.

Part II

1. McKeon—10 min.: Authorizes a commission on the cost of

higher education and provides $650,000 to complete its work.

2. Solomon—10 min.: Replaces most of the defense program rescissions in sec. 2204 of the bill with a rescission of the unobligated

balance of the Cooperative Threat Reduction program (NunnLugar).

3. Dingell—10 min.: Provides protection in the amount of

$300,000 for Monroe County, Michigan for costs incurred by

Comair crash.

4. Thune—10 min.: Relating to Community Development Block

Grants.

5. Traficant—10 min.: Adds new section regarding ‘‘Buy America

Requirements.’’

6. Neumann (21)—20 min.: Strikes $2.4 million in advance

FY1998 funding for FEMA; rescinds $3.6 billion in undefined Budget Authority, with the distribution of this rescission to be made by

the President within 30 days of enactment; strikes $3.8 billion in

HUD rescissions.

7. Gekas/Solomon/Wynn—20 min.: Automatically provides a continuation of FY1997 spending through the end of FY1998, in absence of regular appropriations or a continuing resolution) at 100%

of FY1997 spending levels. (Senate version)

8. Gilman/Spence—60 min.: Cuts off funding for U.S. ground

presence in Bosnia after June 30, 1998, provides the President the

ability to extend the cut off date by 30 days only for the purposes

of conducting a safe and orderly withdrawal, and provides certain

exclusions from the limitation.

9. Diaz-Balart/Meek—20 min.: Postpones through the end of the

fiscal year the cut-off of Supplemental Security Income and Medicaid payments to legal immigrants and rescinds $240 million for the

Job Opportunities and Basic Skills program.

PART I

Amendment considered as adopted by the rule:
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Page 5, line 15, after the dollar amount, insert the following:

‘‘(increased by $38,000,000)’’.

Page 35, after line 25, insert the following:

INDEPENDENT AGENCIES

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

NATIONAL AERONAUTICAL FACILITIES

(RESCISSION)

Of the funds made available under this heading in the Departments of Veterans Affairs and Housing and Urban Development,

and Independent Agencies Appropriations Act, 1995 (Pub. L. 103–

327), $38,000,000 is rescinded.

PART II

The amendments made in order by the rule are as follows:

1. THE AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCKEON

OF CALIFORNIA OR A DESIGNEE, DEBATABLE FOR NOT TO EXCEED

10 MINUTES

Page 51, after line 23, insert the following new title:

TITLE IV—COST OF HIGHER

EDUCATION REVIEW

SEC. 4001. SHORT TITLE; FINDINGS.

(a) SHORT TITLE.—This title may be cited as the ‘‘Cost of Higher

Education Review Act of 1997’’.

(b) FINDINGS.—The Congress finds the following:

(1) According to a report issued by the General Accounting

Office, tuition at 4-year public colleges and universities increased 234 percent from school year 1980–1981 through

school year 1994–1995, while median household income rose 82

percent and the cost of consumer goods as measured by the

Consumer Price Index rose 74 percent over the same time period.

(2) A 1995 survey of college freshmen found that concern

about college affordability was the highest it has been in the

last 30 years.

(3) Paying for a college education now ranks as one of the

most costly investments for American families.

SEC. 4002. ESTABLISHMENT OF NATIONAL COMMISSION ON THE COST

OF HIGHER EDUCATION.

There is established a Commission to be known as the ‘‘National

Commission on the Cost of Higher Education’’ (hereafter in this

title referred to as the ‘‘Commission’’).

SEC. 4003. MEMBERSHIP OF COMMISSION.

(a) APPOINTMENT.—The Commission shall be composed of 7 members as follows:
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(1) Two individuals shall be appointed by the Speaker of the

House.

(2) One individual shall be appointed by the Minority Leader

of the House.

(3) Two individuals shall be appointed by the Majority Leader of the Senate.

(4) One individual shall be appointed by the Minority Leader

of the Senate.

(5) One individual shall be appointed by the Secretary of

Education.

(b) ADDITIONAL QUALIFICATIONS.—Each of the individuals appointed under subsection (a) shall be an individual with expertise

and experience in higher education finance (including the financing

of State institutions of higher education), Federal financial aid programs, education economics research, public or private higher education administration, or business executives who have managed

successful cost reduction programs.

(c) CHAIRPERSON AND VICE CHAIRPERSON.—The members of the

Commission shall elect a Chairman and a Vice Chairperson. In the

absence of the Chairperson, the Vice Chairperson will assume the

duties of the Chairperson.

(d) QUORUM.—A majority of the members of the Commission

shall constitute a quorum for the transaction of business.

(e) APPOINTMENTS.—All appointments under subsection (a) shall

be made within 30 days after the date of enactment of this Act. In

the event that an officer authorized to make an appointment under

subsection (a) has not made such appointment within such 30 days,

the appointment may be made for such officer as follows:

(1) the Chairman of the Committee on Education and the

Workforce may act under such subsection for the Speaker of

the House of Representatives;

(2) the Ranking Minority Member of the Committee on Education and the Workforce may act under such subsection for

the Minority Leader of the House of Representatives;

(3) the Chairman of the Committee on Labor and Human Resources may act under such subsection for the Majority Leader

of the Senate; and

(4) the Ranking Minority Member of the Committee on Labor

and Human Resources may act under such subsection for the

Minority Leader of the Senate.

(f) VOTING.—Each member of the Commission shall be entitled to

one vote, which shall be equal to the vote of every other member

of the Commission.

(g) VACANCIES.—Any vacancy on the Commission shall not affect

its powers, but shall be filled in the manner in which the original

appointment was made.

(h) PROHIBITION OF ADDITIONAL PAY.—Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. Members appointed from

among private citizens of the United States may be allowed travel

expenses, including per diem, in lieu of subsistence, as authorized

by law for persons serving intermittently in the government service

to the extent funds are available for such expenses.
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(i) INITIAL MEETING.—The initial meeting of the Commission

shall occur within 40 days after the date of enactment of this Act.

SEC. 4004. FUNCTIONS OF COMMISSION.

(a) SPECIFIC FINDINGS AND RECOMMENDATIONS.—The Commission shall study and make findings and specific recommendations

regarding the following:

(1) The increase in tuition compared with other commodities

and services.

(2) Innovative methods of reducing or stabilizing tuition.

(3) Trends in college and university administrative costs, including administrative staffing, ratio of administrative staff to

instructors, ratio of administrative staff to students, remuneration of administrative staff, and remuneration of college and

university presidents or chancellors.

(4) Trends in (A) faculty workload and remuneration (including the use of adjunct faculty), (B) faculty-to-student ratios, (C)

number of hours spent in the classroom by faculty, and (D)

tenure practices, and the impact of such trends on tuition.

(5) Trends in (A) the construction and renovation of academic

and other collegiate facilities, and (B) the modernization of facilities to access and utilize new technologies, and the impact

of such trends on tuition.

(6) The extent to which increases in institutional financial

aid and tuition discounting have affected tuition increases, including the demographics of students receiving such aid, the

extent to which such aid is provided to students with limited

need in order to attract such students to particular institutions

or major fields of study, and the extent to which Federal financial aid, including loan aid, has been used to offset such increases.

(7) The extent to which Federal, State, and local laws, regulations, or other mandates contribute to increasing tuition, and

recommendations on reducing those mandates.

(8) The establishment of a mechanism for a more timely and

widespread distribution of data on tuition trends and other

costs of operating colleges and universities.

(9) The extent to which student financial aid programs have

contributed to changes in tuition.

(10) Trends in State fiscal policies that have affected college

costs.

(11) The adequacy of existing Federal and State financial aid

programs in meeting the costs of attending colleges and universities.

(12) Other related topics determined to be appropriate by the

Commission.

(b) FINAL REPORT.—

(1) IN GENERAL.—Subject to paragraph (2), the Commission

shall submit to the President and to the Congress, not later

than 120 days after the date of the first meeting of the Commission, a report which shall contain a detailed statement of

the findings and conclusions of the Commission, including the

Commission’s recommendations for administrative and legislative action that the Commission considers advisable.
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(2) MAJORITY VOTE REQUIRED FOR RECOMMENDATIONS.—Any

recommendation described in paragraph (1) shall be made by

the Commission to the President and to the Congress only if

such recommendation is adopted by a majority vote of the

members of the Commission who are present and voting.

(3) EVALUATION OF DIFFERENT CIRCUMSTANCES.—In making

any findings under subsection (a) of this section, the Commission shall take into account differences between public and private colleges and universities, the length of the academic program, the size of the institution’s student population, and the

availability of the institution’s resources, including the size of

the institution’s endowment.

SEC. 4005. POWERS OF COMMISSION.

(a) HEARINGS.—The Commission may, for the purpose of carrying

out this title, hold such hearings and sit and act at such times and

places, as the Commission may find advisable.

(b) RULES AND REGULATIONS.—The Commission may adopt such

rules and regulations as may be necessary to establish the Commission’s procedures and to govern the manner of the Commission’s

operations, organization, and personnel.

(c) ASSISTANCE FROM FEDERAL AGENCIES.— (1) INFORMATION.—The Commission may request from the

head of any Federal agency or instrumentality such information as the Commission may require for the purpose of this

title. Each such agency or instrumentality shall, to the extent

permitted by law and subject to the exceptions set forth in section 552 of title 5, United States Code (commonly referred to

as the Freedom of Information Act), furnish such information

to the Commission, upon request made by the Chairperson of

the Commission.

(2) FACILITIES AND SERVICES, PERSONNEL DETAIL AUTHOR- IZED.—Upon request of the Chairperson of the Commission, the

head of any Federal agency or instrumentality shall, to the extent possible and subject to the discretion of such head—

(A) make any of the facilities and services of such agency

or instrumentality available to the Commission; and

(B) detail any of the personnel of such agency or instrumentality to the Commission, on a nonreimbursable basis,

to assist the Commission in carrying out the Commission’s

duties under this title.

(d) MAILS.—The Commission may use the United States mails in

the same manner and under the same conditions as other Federal

agencies.

(e) CONTRACTING.—The Commission, to such extent and in such

amounts as are provided in appropriation Acts, may enter into contracts with State agencies, private firms, institutions, and individuals for the purpose of conducting research or surveys necessary to

enable the Commission to discharge the Commission’s duties under

this title.

(f) STAFF.—Subject to such rules and regulations as may be

adopted by the Commission, and to such extent and in such

amounts as are provided in appropriation Acts, the Chairperson of

the Commission shall have the power to appoint, terminate, and fix

the compensation (without regard to the provisions of title 5, Unit-
8

ed States Code, governing appointments in the competitive service,

and without regard to the provisions of chapter 51 and subchapter

III of chapter 53 of such title, or of any other provision, or of any

other provision of law, relating to the number, classification, and

General Schedule rates) of an Executive Director, and of such additional staff as the Chairperson deems advisable to assist the Commission, at rates not to exceed a rate equal to the maximum rate

for level IV of the Executive Schedule under section 5332 of such

title.

SEC. 4006. FUNDING OF COMMISSION.

(a) APPROPRIATION.—There is appropriated, out of any money in

the Treasury not otherwise appropriated, for fiscal year 1997 for

carrying out this title, $650,000, to remain available until expended, or until one year after the termination of the Commission

pursuant to section 4007, whichever occurs first.

(b) RESCISSION.—Of the funds made available for ‘‘DEPARTMENT OF EDUCATION—Federal Family Education Loan Program Account’’ in the Departments of Labor, Health and Human

Services, and Education, and Related Agencies Appropriations Act,

1997 (as contained in section 101(e) of division A of Public Law

104–208), $849,000 is rescinded.

SEC. 4007. TERMINATION OF COMMISSION.

The Commission shall cease to exist on the date that is 60 days

after the date on which the Commission is required to submit its

final report in accordance with section 4004(b).

2. THE AMENDMENT TO BE OFFERED BY REPRESENTATIVE SOLOMON

OF NEW YORK OR A DESIGNEE, DEBATABLE FOR NOT TO EXCEED

10 MINUTES

Strike out section 2204 (page 47, line 3, through page 49, line 14)

and insert in lieu thereof the following:

(RESCISSIONS)

SEC. 2204. Of the funds provided in previous Department of Defense Appropriations Acts, funds are hereby rescinded from the following accounts in the specified amounts:

‘‘Former Soviet Union Threat Reduction, 1992’’, $180,000.

‘‘Former Soviet Union Threat Reduction, 1993’’, $709,000.

‘‘Former Soviet Union Threat Reduction, 1994’’, $27,666,000.

‘‘Former Soviet Union Threat Reduction, 1995’’,

$105,511,000.

‘‘Former Soviet Union Threat Reduction, 1996’’,

$180,029,000.

‘‘Former Soviet Union Threat Reduction, 1997’’,

$348,600,000.

‘‘Research, Development, Test and Evaluation, Defense-Wide,

1997/1998’’, $100,000,000.

‘‘Research, Development, Test and Evaluation, Air Force,

1997/1998’’, $200,000,000.

‘‘Research, Development, Test and Evaluation, Air Force,

1996/1997’’, $21,100,000.
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‘‘Operation and Maintenance, Army’’, $17,000,000.

‘‘Operation and Maintenance, Defense-Wide’’, $10,000,000.

‘‘Missile Procurement, Air Force, 1997/1999’’, $40,900,000.

3. THE AMENDMENT TO BE OFFERED BY REPRESENTATIVE DINGELL

OF MICHIGAN OR A DESIGNEE, DEBATABLE FOR NOT TO EXCEED

10 MINUTES

Page 23, line 2, insert before the period the following: : Provided

further, That, notwithstanding any other provision of law, of the

unobligated balances under this heading from amounts made available in this or any other Act for fiscal year 1997 or any prior fiscal

year, $300,000 shall be made available to Monroe County, Michigan, as reimbursement for costs incurred in connection with the

crash of Comair Flight 3273.

4. THE AMENDMENT TO BE OFFERED BY REPRESENTATIVE THUNE OF

SOUTH DAKOTA OR A DESIGNEE, DEBATABLE FOR NOT TO EXCEED

10 MINUTES

Page 27, after line 23, insert the following:

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT BLOCK GRANTS FUND

For an additional amount for ‘‘Community development block

grants fund’’ as authorized under title I of the Housing and Community Development Act of 1974, $500,000,000, to remain available

until September 30, 2000, for use only for buy-outs, relocation,

long-term recovery, and mitigation in communities affected by the

flooding in the upper Midwest and other disasters in fiscal year

1997 and such natural disasters designated 30 days prior to the

start of fiscal year 1997: Provided, That in administering these

amounts, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds, except for statutory requirements related to civil rights, fair housing and nondiscrimination, the environment, and labor standards, upon a finding that such waiver is required to facilitate the use of such funds,

and would not be inconsistent with the overall purpose of the statute: Provided further, That the Secretary of Housing and Urban

Development shall publish a notice in the Federal Register governing the use of community development block grant funds in conjunction with any program administered by the Director of the Federal Emergency Management Agency for buyouts for structures in

disaster areas: Provided further, That for any funds under this

head used for buyouts in conjunction with any program administered by the Director of the Federal Emergency Management Agency, each State or unit of general local government requesting funds

from the Secretary of Housing and Urban Development for buyouts

shall submit a plan to the Secretary which must be approved by

the Secretary as consistent with the requirements of this program:
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Provided further, That the Secretary of Housing and Urban Development and the Director of the Federal Emergency Management

Agency shall submit quarterly reports to the House and Senate

Committees on Appropriations on all disbursement and use of

funds for or associated with buyouts: Provided further, That, hereafter, for any amounts made available under this head and for any

amounts made available for any fiscal year under title I of the

Housing and Community Development Act of 1974 that are used

in communities affected by the flooding and disasters referred to in

this head for activities to address the damage resulting from such

flooding and disasters, the Secretary of Housing and Urban Development shall waive the requirement under such title that the activities benefit persons of low- and moderate-income and the requirements that grantees and units of general local government

hold public hearings: Provided further, That, hereafter, for any

amounts made available for any fiscal year under the HOME Investment Partnerships Act that are used in communities affected

by the flooding and disasters referred to in this head to assist housing used as temporary housing for families affected by such flooding and disasters, the Secretary of Housing and Urban Development shall waive (during the period, and to the extent, that such

housing is used for such temporary housing) the requirements that

the housing meet the income targeting requirements under section

214 of such Act, the requirements that the housing qualify as affordable housing under section 215 of such Act, and the requirements for documentation regarding family income and housing status and shall permit families to self-certify such information: Provided further, That the Secretary of Housing and Urban Development may make a grant from the amount provided under this head

to restore electrical and natural gas service to areas damaged by

the flooding and natural disasters: Provided further, That the entire amount made available under this head is designated by the

Congress as an emergency requirement pursuant to section

251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Page 28, line 5, after the dollar figure insert the following: ‘‘(re- duced by $500,000,000)’’.

5. THE AMENDMENT TO BE OFFERED BY REPRESENTATIVE TRAFICANT OF OHIO OR A DESIGNEE, DEBATABLE FOR NOT TO EXCEED

10 MINUTES

Page 51, after line 23, insert the following new section:

BUY-AMERICAN REQUIREMENTS

SEC. 3003. (a) COMPLIANCE WITH BUY AMERICAN ACT.—None of

the funds made available in this Act may be expended by an entity

unless the entity agrees that in expending the funds the entity will

comply with the Buy American Act (41 U.S.C. 10a–10c).

(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.—

(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or product that may be

authorized to be purchased with financial assistance provided

using funds made available in this Act, it is the sense of the
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Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products.

(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance using funds made available in this Act, the

head of each Federal agency shall provide to each recipient of

the assistance a notice describing the statement made in paragraph (1) by the Congress.

(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.

6. THE AMENDMENT TO BE OFFERED BY REPRESENTATIVE NEUMANN

OF WISCONSIN OR A DESIGNEE, DEBATABLE FOR NOT TO EXCEED

20 MINUTES

Page 28, line 5, after the dollar amount, insert the following: ‘‘(reduced by $2,387,677,000)’’. Page 28, line 6, strike ‘‘$2,387,677,000’’ and all that follows

through line 7.

Page 35, strike lines 8 through 25.

Page 51, after line 23, insert the following new section:

FURTHER RESCISSIONS IN NONDEFENSE ACCOUNTS

SEC. 3003. (a) RESCISSION OF FUNDS.—Of the aggregate amount

of discretionary appropriations made available to Executive agencies in appropriation Acts for fiscal year 1997 (other than for the

defense category), $3,600,000,000 is rescinded.

(b) ALLOCATION AND REPORT.—Within 30 days after the date of

the enactment of this Act, the Director of the Office of Management

and Budget shall—

(1) allocate such rescission among the appropriate accounts

in a manner that will achieve a total net reduction in outlays

for fiscal years 1997 through 2002 resulting from such rescission of not less than $3,500,000,000; and

(2) submit to the Committees on Appropriations of the House

of Representatives and the Senate a report setting forth such

allocation.

(c) DEFINITIONS.—

(1) The terms ‘‘discretionary appropriations’’ and ‘‘defense

category’’ have the respective meanings given such terms in

section 250(c) of the Balanced Budget and Emergency Deficit

Control Act of 1985.

(2) The term ‘‘Executive agency’’ has the meaning given such

term in section 105 of title 5, United States Code.
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7. THE AMENDMENT TO BE OFFERED BY REPRESENTATIVE GEKAS OF

PENNSYLVANIA OR REPRESENTATIVE SOLOMON OF NEW YORK OR

REPRESENTATIVE WYNN OF MARYLAND OR A DESIGNEE, DEBATABLE FOR NOT TO EXCEED 20 MINUTES

On page 51, after line 23, add the following new title:

TITLE IV—PREVENTION OF

GOVERNMENT SHUTDOWN

SHORT TITLE

SEC. 401. This title may be cited as the ‘‘Government Shutdown

Prevention Act’’.

CONTINUING FUNDING

SEC. 402. (a) If any regular appropriation bill for fiscal year 1998

does not become law prior to the beginning of fiscal year 1998 or

a joint resolution making continuing appropriations is not in effect,

there is appropriated, out of any moneys in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such sums as may be necessary to continue any program, project, or activity for which funds were provided in fiscal year 1997.

(b) Appropriations and funds made available, and authority

granted, for a program, project, or activity for fiscal year 1998 pursuant to this title shall be at 100 percent of the rate of operations

that was provided for the program, project, or activity in fiscal year

1997 in the corresponding regular appropriation Act for fiscal year

1997.

(c) Appropriations and funds made available, and authority

granted, for fiscal year 1998 pursuant to this title for a program,

project, or activity shall be available for the period beginning with

the first day of a lapse in appropriations and ending with the earlier of—

(1) the date on which the applicable regular appropriation

bill for fiscal year 1998 becomes law (whether or not that law

provides for that program, project, or activity) or a continuing

resolution making appropriations becomes law, as the case

may be; or

(2) the last day of fiscal year 1998.

TERMS AND CONDITIONS

SEC. 403. (a) An appropriation of funds made available, or authority granted, for a program, project, or activity for fiscal year

1998 pursuant to this title shall be made available to the extent

and in the manner which would be provided by the pertinent appropriations Act for fiscal year 1997, including all of the terms and

conditions and the apportionment schedule imposed with respect to

the appropriation made or funds made available for fiscal year

1997 or authority granted for the program, project, or activity

under current law.
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(b) Appropriations made by this title shall be available to the extent and in the manner which would be provided by the pertinent

appropriations Act.

COVERAGE

SEC. 404. Appropriations and funds made available, and authority granted, for any program, project, or activity for fiscal year 1998

pursuant to this title shall cover all obligations or expenditures incurred for that program, project, or activity during the portion of

fiscal year 1998 for which this title applies to that program,

project, or activity.

EXPENDITURES

SEC. 405. Expenditures made for a program, project, or activity

for fiscal year 1998 pursuant to this title shall be charged to the

applicable appropriation, fund, or authorization whenever a regular

appropriation bill or a joint resolution making continuing appropriations until the end of fiscal year 1998 providing for that program, project, or activity for that period becomes law.

INITIATING OR RESUMING A PROGRAM, PROJECT, OR ACTIVITY

SEC. 406. No appropriation or funds made available or authority

granted pursuant to this title shall be used to initiate or resume

any program, project, or activity for which appropriations, funds, or

other authority were not available during fiscal year 1997.

PROTECTION OF OTHER OBLIGATIONS

SEC. 407. Nothing in this title shall be construed to effect Government obligations mandated by other law, including obligations

with respect to Social Security, Medicare, Medicaid, and veterans

benefits.

DEFINITION

SEC. 408. In this title, the term ‘‘regular appropriation bill’’

means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the

following categories of programs, projects, and activities:

(1) Agriculture, rural development, and related agencies programs.

(2) The Departments of Commerce, Justice, and State, the

judiciary, and related agencies.

(3) The Department of Defense.

(4) The government of the District of Columbia and other activities chargeable in whole or in part against the revenues of

the District.

(5) The Departments of Labor, Health and Human Services,

and Education, and related agencies.

(6) The Departments of Veterans Affairs and Housing and

Urban Development, and sundry independent agencies, boards,

commissions, corporations, and offices.

(7) Energy and water development.

(8) Foreign assistance and related programs.

(9) The Department of the Interior and related agencies.
14

(10) Military construction.

(11) The Department of Transportation and related agencies.

(12) The Treasury Department, the U.S. Postal Service, the

Executive Office of the President, and certain independent

agencies.

(13) The legislative branch.

8. THE AMENDMENT TO BE OFFERED BY REPRESENTATIVE GILMAN

OF NEW YORK OR REPRESENTATIVE SPENCE OF SOUTH CAROLINA

OR A DESIGNEE, DEBATABLE FOR NOT TO EXCEED 60 MINUTES

Page 51, after line 23, insert the following new title:

TITLE IV—UNITED STATES ARMED

FORCES IN BOSNIA

SEC. 4001. (a)(1) Funds appropriated or otherwise made available

for the Department of Defense in this or any other Act for any fiscal year may not be obligated for the deployment of any ground elements of the United States Armed Forces in the Republic of Bosnia

and Herzegovina after—

(A) June 30, 1998; or

(B) such later date as may be specifically prescribed by law

after the date of the enactment of this Act, based upon a request from the President or otherwise as the Congress may determine.

(2) The President may extend the date in effect under paragraph

(1) for a period of not more than 30 days expressly and solely for

the purpose of effecting a safe and orderly withdrawal of ground

elements of the United States Armed Forces in the Republic of

Bosnia and Herzegovina and only after the President submits to

the Congress a certification that such additional period is necessary

in order to carry out such a withdrawal.

(b) The limitation in subsection (a) shall not apply to the extent

necessary to support (1) a limited number of United States military

personnel sufficient only to protect United States diplomatic facilities and United States citizens, and (2) noncombat military personnel to advise the commanders of the United Nations and North Atlantic Treaty Organization peacekeeping operations in the Republic

of Bosnia and Herzegovina.

(c) Nothing in this section shall be deemed to restrict the authority of the President under the Constitution to protect the lives of

United States citizens.

9. THE AMENDMENT TO BE OFFERED BY REPRESENTATIVE DIAZBALART OF FLORIDA AND REPRESENTATIVE MEEK OF FLORIDA OR

A DESIGNEE, DEBATABLE FOR NOT TO EXCEED 20 MINUTES

Page 51, after line 23, insert the following new section:
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EXTENSION OF SSI REDETERMINATION PROVISIONS

SEC. 3003. (a) Section 402(a)(2)(D)(i) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.

1612(a)(2)(D)(i)) is amended—

(1) in subclause (I), by striking ‘‘the date which is 1 year

after such date of enactment,’’ and inserting ‘‘September 30,

1997,’’; and

(2) in subclause (III), by striking ‘‘the date of the redetermination with respect to such individual’’ and inserting ‘‘September 30, 1997,’’.

(b) The amendment made by subsection (a) shall be effective as

if included in the enactment of section 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Page 51, after line 23, insert the following:

JOB OPPORTUNITIES AND BASIC SKILLS

(RESCISSION)

Of the funds made available under this heading in Public Law

104–208, there is rescinded an amount equal to the total of the

funds within each State’s limitation for fiscal year 1997 that are

not necessary to pay such State’s allowable claims for such fiscal

year.

Section 403(k)(3)(F) of the Social Security Act (as in effect on October 1, 1996) is amended by adding after the ‘‘,’’ the following: ‘‘reduced by an amount equal to the total of those funds that are within each State’s limitation for fiscal year 1997 that are not necessary to pay such State’s allowable claims for such fiscal year (except that such amount for such year shall be deemed to be

$1,000,000,000 for the purpose of determining the amount of the

payment under subsection (1) to which each State is entitled),’’.

Æ