In the House of Representatives, U. S.,

January 9, 1996.

Resolved, That the House agree to the amendment of

the Senate to the bill (H.R. 1358) entitled ‘‘An Act to require

the Secretary of Commerce to convey to the Commonwealth

of Massachusetts the National Marine Fisheries Services laboratory located on Emerson Avenue in Gloucester, Massachusetts’’, with the following

AMENDMENT:

At the end of the matter inserted by said amendment,

insert:

1 TITLE I

2 That the following sums are hereby appropriated, out

3 of any money in the Treasury not otherwise appropriated,

4 and out of applicable corporate or other revenues, receipts,

5 and funds, for the several departments, agencies, corpora6 tions, and other organizational units of Government for the

7 fiscal year 1996, and for other purposes, namely:

8 SEC. 101. (a) Such amounts as may be necessary

9 under the authority and conditions provided in the applica10 ble appropriations Act for the fiscal year 1995 for continu11 ing the following projects or activities including the costs

12 of direct loans and loan guarantees (not otherwise specifi-
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HR 1358 EAH

1 cally provided for in this Act) which were conducted in the

2 fiscal year 1995:

3 (1) all allowances paid under section 5(b) of the

4 Peace Corps Act, 22 U.S.C. section 2504, notwith5 standing section 10 of Public Law 91–672, at a rate

6 for operations, notwithstanding any other provision

7 of this Act, provided for in the conference report and

8 joint explanatory statement of the Committee of Con9 ference (House Report 104–295) on the Foreign Oper10 ations, Export Financing, and Related Programs Ap11 propriations Act, 1996 (H.R. 1868), as passed by the

12 House of Representatives on October 31, 1995;

13 (2) all activities, including administrative ex14 penses, necessary to process single-family mortgage

15 loans and refinancing for low-income and moderate16 income families funded under the Federal Housing

17 Administration’s ‘‘FHA-mutual mortgage insurance

18 program account’’ and ‘‘FHA-general and special risk

19 program account’’ in the Department of Housing and

20 Urban Development at a rate for operations, notwith21 standing any other provision of this Act, provided for

22 in the conference report and joint explanatory state23 ment of the Committee of Conference (House Report

24 104–384) on the Veterans Affairs and Housing and

25 Urban Development, and Independent Agencies Ap-
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1 propriations Act, 1996 (H.R. 2099), as passed by the

2 House of Representatives on December 7, 1995;

3 (3) all projects and activities directly related to

4 the security of United States diplomatic posts and fa5 cilities abroad, notwithstanding section 15 of the

6 State Department Basic Authorities Act of 1956 at a

7 rate for operations, notwithstanding any other provi8 sion of this Act, provided for in the conference report

9 and joint explanatory statement of the Committee of

10 Conference (House Report 104–378) on the Depart11 ments of Commerce, Justice, and State, the Judiciary,

12 and Related Agencies Appropriations Act, 1996 (H.R.

13 2076), as passed by the House of Representatives on

14 December 6, 1995;

15 (4) activities funded under the account heading

16 ‘‘Emergency food and shelter program’’ in the Federal

17 Emergency Management Agency: Provided, That, not18 withstanding any other provision of this Act, the

19 amount made available by this Act shall not exceed

20 $46,000,000: Provided further, That not to exceed

21 three and one-half per centum of the amount made

22 available shall be for administrative costs;

23 (5) all retirement pay and medical benefits for

24 Public Health Services Commissioned Officers as au25 thorized by law, and for payments under the Retired
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1 Serviceman’s Family Protection Plan and Survivor

2 Benefit Plan and for medical care of dependents and

3 retired personnel under the Dependent’s Medical Care

4 Act (10 U.S.C. ch. 55) and for payments pursuant to

5 section 229(b) of the Social Security Act (42 U.S.C.

6 429(b)) at a rate for operations, notwithstanding any

7 other provision of this Act, provided for in the De8 partments of Labor, Health and Human Services,

9 and Education, and Related Agencies Appropriations

10 Act, 1996 (H.R. 2127), as passed by the House of

11 Representatives on August 4, 1995;

12 (6) all projects and activities of the Federal Bu13 reau of Investigation, Drug Enforcement Administra14 tion, Interagency Crime and Drug Enforcement, Fed15 eral Prison System, United States Attorneys, United

16 States Marshals Service, Federal Prisoner Detention,

17 Fees and Expenses of Witnesses, Immigration and

18 Naturalization Service, and the Executive Office for

19 Immigration Review, necessary for the investigation

20 and prosecution of criminal and civil offenses; na21 tional security; the apprehension, detention and re22 moval of illegal and criminal aliens; the incarcer23 ation, detention, and movement of Federal prisoners

24 and detainees; and the protection of the Federal judi25 ciary at a rate for operations, notwithstanding any
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1 other provision of this Act, provided for in the con2 ference report and joint explanatory statement of the

3 Committee of Conference (House Report 104–378) on

4 the Departments of Commerce, Justice, and State, the

5 Judiciary, and Related Agencies Appropriations Act,

6 1996 (H.R. 2076), as passed by the House of Rep7 resentatives on December 6, 1995;

8 (7) all projects and activities of the Judiciary to

9 the extent and in the manner and at a rate for oper10 ations, notwithstanding any other provision of this

11 Act, provided for in the conference report and joint

12 explanatory statement of the Committee of Conference

13 (House Report 104–378) on the Departments of Com14 merce, Justice, and State, the Judiciary, and Related

15 Agencies Appropriations Act, 1996 (H.R. 2076), as

16 passed by the House of Representatives on December

17 6, 1995;

18 (8) all projects and activities necessary to pro19 vide for the expenses of State surveys and certifi20 cations under the account heading ‘‘Program Manage21 ment’’ under the Health Care Financing Administra22 tion in the Department of Health and Human Serv23 ices;

24 (9) trade adjustment assistance benefits and

25 North American Free Trade Act benefits funded under
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1 the account heading ‘‘Federal Unemployment Benefits

2 and Allowances’’ under the Employment and Train3 ing Administration in the Department of Labor;

4 (10) payments to the Federal Hospital Insurance

5 and the Federal Supplementary Medical Insurance

6 Trust Funds under the account heading ‘‘Payments to

7 Health Care Trust Funds’’ under the Health Care Fi8 nancing Administration in the Department of Health

9 and Human Services;

10 (11) all projects and activities necessary to pro11 vide for the expenses of Medicare contractors under

12 title XVIII of the Social Security Act under the ac13 count heading ‘‘Program Management’’ under the

14 Health Care Financing Administration in the De15 partment of Health and Human Services;

16 (12) all projects and activities funded under the

17 account heading ‘‘Grants to States for Medicaid’’

18 under the Health Care Financing Administration in

19 the Department of Health and Human Services;

20 (13) all projects and activities of the National

21 Institutes of Health in the Department of Health and

22 Human Services at a rate for operations, notwith23 standing any other provision of this Act, provided for

24 in the Departments of Labor, Health and Human

25 Services, and Education, and Related Agencies Ap-
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HR 1358 EAH

1 propriations Act, 1996 (H.R. 2127), as passed by the

2 House of Representatives on August 4, 1995;

3 (14) all projects and activities necessary to carry

4 out the section 7(a) General Business Loan Guaranty

5 Program and the section 504 Certified Development

6 Company Program, as authorized by law, under the

7 Small Business Administration at a rate for oper8 ations, notwithstanding any other provision of this

9 Act, provided for in the conference report and joint

10 explanatory statement of the Committee of Conference

11 (House Report 104–378) on the Departments of Com12 merce, Justice, and State, the Judiciary, and Related

13 Agencies Appropriations Act, 1996 (H.R. 2076), as

14 passed by the House of Representatives on December

15 6, 1995;

16 (15) all projects and activities funded under the

17 account heading ‘‘Surety Bond Guarantees Revolving

18 Fund’’ under the Small Business Administration at

19 a rate for operations, notwithstanding any other pro20 vision of this Act, provided for in the conference re21 port and joint explanatory statement of the Commit22 tee of Conference (House Report 104–378) on the De23 partments of Commerce, Justice, and State, the Judi24 ciary, and Related Agencies Appropriations Act, 1996
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1 (H.R. 2076), as passed by the House of Representa2 tives on December 6, 1995;

3 (16) all projects and activities necessary to ac4 commodate visitors and to provide for visitors services

5 on the public lands managed by the Bureau of Land

6 Management at a rate for operations, notwithstand7 ing any other provision of this Act, provided for in

8 the conference report and joint explanatory statement

9 of the Committee of Conference (House Report 104–

10 402) on the Department of the Interior and Related

11 Agencies Appropriations Act, 1996 (H.R. 1977), as

12 passed by the House of Representatives on December

13 13, 1995;

14 (17) all projects and activities funded under the

15 account heading ‘‘Disease Control, Research, and

16 Training’’ under the Centers for Disease Control and

17 Prevention in the Department of Health and Human

18 Services at a rate for operations, notwithstanding

19 any other provision of this Act, not to exceed an an20 nual rate for new obligational authority of

21 $2,114,693,000;

22 (18) all Self-Determination and Self-Governance

23 projects and activities of tribes or tribal organizations

24 (as that term is defined in Public Law 93–638) that

25 are authorized by Public Law 93–638 under the ac-
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1 count heading ‘‘Operation of Indian Programs’’

2 under the Bureau of Indian Affairs in the Depart3 ment of the Interior or under the account heading

4 ‘‘Indian Health Services’’ under the Indian Health

5 Service in the Department of Health and Human

6 Services at a rate for operations, notwithstanding

7 any other provision of this Act, provided for in the

8 conference report and joint explanatory statement of

9 the Committee of Conference (House Report 104–402)

10 on the Department of the Interior and Related Agen11 cies Appropriations Act, 1996 (H.R. 1977), as passed

12 by the House of Representatives on December 13,

13 1995;

14 (19) all projects and activities necessary to pro15 vide for the expenses of the Kendall Demonstration

16 Elementary School and the Model Secondary School

17 for the Deaf under the account heading ‘‘Gallaudet

18 University’’ in the Department of Education;

19 (20) payments for benefits and interest on ad20 vances, together with expenses of operation and ad21 ministration, under the account heading ‘‘Black Lung

22 Disability Trust Fund’’ under the Employment

23 Standards Administration in the Department of

24 Labor; and
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1 (21) payments for benefits, together with ex2 penses of operation and administration, under the ac3 count heading ‘‘Special Benefits for Disabled Coal

4 Miners’’ in the Social Security Administration:

5 Provided, That whenever the amount which would be made

6 available or the authority which would be granted under

7 an Act which included funding for fiscal year 1996 for the

8 projects and activities listed in this section is greater than

9 that which would be available or granted under current op10 erations, the pertinent project or activity shall be continued

11 at a rate for operations not exceeding the current rate.

12 (b) Whenever the amount which would be made avail13 able or the authority which would be granted under the Act

14 which included funding for fiscal year 1996 for the projects

15 and activities listed in this section as passed by the House

16 as of the date of enactment of this Act, is different from

17 that which would be available or granted under such Act

18 as passed by the Senate as of the date of enactment of this

19 Act, the pertinent project or activity shall be continued at

20 a rate for operations not exceeding the current rate or the

21 rate permitted by the action of the House or the Senate,

22 whichever is lower, under the authority and conditions pro23 vided in the applicable appropriations Act for the fiscal

24 year 1995.
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1 (c) Whenever an Act which included funding for fiscal

2 year 1996 for the projects and activities listed in this sec3 tion has been passed by only the House or only the Senate

4 as of the date of enactment of this Act, the pertinent project

5 or activity shall be continued under the appropriation,

6 fund, or authority granted by the one House at a rate for

7 operations not exceeding the current rate or the rate per8 mitted by the action of the one House, whichever is lower,

9 and under the authority and conditions provided in the ap10 plicable appropriations Act for the fiscal year 1995.

11 SEC. 102. Appropriations made by section 101 shall

12 be available to the extent and in the manner which would

13 be provided by the pertinent appropriations Act.

14 SEC. 103. No appropriation or funds made available

15 or authority granted pursuant to section 101 shall be used

16 to initiate or resume any project or activity for which ap17 propriations, funds, or other authority were not available

18 during the fiscal year 1995.

19 SEC. 104. No provision which is included in the appro20 priations Act enumerated in section 101 but which was not

21 included in the applicable appropriations Act for fiscal

22 year 1995 and which by its terms is applicable to more

23 than one appropriation, fund, or authority shall be applica24 ble to any appropriation, fund, or authority provided in

25 this Act.
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1 SEC. 105. Appropriations made and authority granted

2 pursuant to this title of this Act shall cover all obligations

3 or expenditures incurred for any program, project, or activ4 ity during the period for which funds or authority for such

5 project or activity are available under this Act.

6 SEC. 106. Unless otherwise provided for in this title

7 of this Act or in the applicable appropriations Act, appro8 priations and funds made available and authority granted

9 pursuant to this title of this Act shall be available until

10 (a) enactment into law of an appropriation for any project

11 or activity provided for in this title of this Act, or (b) the

12 enactment into law of the applicable appropriations Act by

13 both Houses without any provision for such project or activ14 ity, or (c) September 30, 1996, whichever first occurs.

15 SEC. 107. Expenditures made pursuant to this title of

16 this Act shall be charged to the applicable appropriation,

17 fund, or authorization whenever a bill in which such appli18 cable appropriation, fund, or authorization is contained is

19 enacted into law.

20 SEC. 108. No provision in the appropriations Act for

21 the fiscal year 1996 referred to in section 101 of this Act

22 that makes the availability of any appropriation provided

23 therein dependent upon the enactment of additional author24 izing or other legislation shall be effective before the date

25 set forth in section 106(c) of this Act.
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1 SEC. 109. Appropriations and funds made available

2 by or authority granted pursuant to this title of this Act

3 may be used without regard to the time limitations for sub4 mission and approval of apportionments set forth in section

5 1513 of title 31, United States Code, but nothing herein

6 shall be construed to waive any other provision of law gov7 erning the apportionment of funds.

8 SEC. 110. For the purposes of this title of this Act,

9 the time covered by this title of this Act shall be considered

10 to have begun on December 16, 1995.

11 TITLE II

12 SECTION 201. YAVAPAI-PRESCOTT INDIAN TRIBE WATER

13 RIGHTS SETTLEMENT ACT OF 1994.

14 (a) EXTENSION.—Section 112(b) of the Yavapai-Pres15 cott Indian Tribe Water Rights Settlement Act of 1994 (108

16 Stat. 4532) is amended by striking ‘‘December 31, 1995’’

17 and inserting ‘‘June 30, 1996’’.

18 (b) EFFECTIVE DATE.—The amendment made by sub19 section (a) shall take effect as of December 31, 1995, and

20 with the consent of Prescott, Arizona, the contract referred

21 to in such section 112(b) is revived.

22 SEC. 202. SAN CARLOS APACHE TRIBE WATER RIGHTS SET23 TLEMENT ACT OF 1992.

24 (a) EXTENSION.—Section 3711(b)(1) of the San Carlos

25 Apache Tribe Water Rights Settlement Act of 1992 (title
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1 XXXVII of Public Law 102–575) is amended by striking

2 ‘‘December 31, 1995’’ and inserting ‘‘December 31, 1996’’.

3 (b) EFFECTIVE DATE.—

4 (1) IN GENERAL.—The amendment made by sub5 section (a) shall take effect as of December 31, 1995.

6 (2) LAPSED PROVISIONS OF LAW AND CON7 TRACTS.—The provisions of subsections (c) and (d) of

8 section 3704, subsections (a) and (b) of section 3705,

9 section 3706, subsections (a)(2), (c), (d), and (f) of

10 section 3707, subsections (b) and (c) of section 3708,

11 and subsections (a), (b), (c), (d), (e), (g), (h), (j), and

12 (l) of section 3710 of such Act, together with each con13 tract entered into pursuant to any such section or

14 subsection (with the consent of the non-Federal par15 ties thereto), shall be effective on and after the date

16 of enactment of this Act, subject to the December 31,

17 1966, deadline specified in such section 3711(b)(1), as

18 amended by subsection (a) of this section.

Attest:

Clerk.

104TH CONGRESS

2D SESSION H. R. 1358

AMENDMENT

TO

SENATE AMENDMENT