[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [H.R. 4624 Engrossed Amendment Senate (EAS)] 103d CONGRESS 2d Session H. R. 4624 _______________________________________________________________________ AMENDMENTS In the Senate of the United States, August 4 (legislative day, July 20), 1994. Resolved, That the bill from the House of Representatives (H.R. 4624) entitled ``An Act making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1995, and for other purposes'', do pass with the following AMENDMENTS: (1)Page 8, line 8, after ``1996'' insert: : Provided further, That of the $15,622,452,000 made available under this heading for fiscal year 1994 in Public Law 103-124, the $9,863,265,000 restricted by section 509 of Public Law 103-124 for personnel compensation and benefits expenditures is reduced to $9,813,265,000 (2)Page 8, line 14, after ``bursements'' insert: : Provided, That the Secretary may obligate not more than $500,000 of the funds made available under this heading for an epidemiological study of veterans who underwent radium nasopharyngeal irradiation (3)Page 10, line 14, strike out [$887,909,000] and insert: $893,285,000 (4)Page 11, line 7, strike out [$32,219,000] and insert: $31,819,000 (5)Page 11, line 22, strike out [$101,965,000] and insert: $208,000,000 (6)Page 12, line 23, after ``only'' insert: : Provided further, That of the amount provided under this heading, $7,100,000 shall be for design of a new medical center/nursing home in Brevard County, Florida and $6,900,000 shall be for the Orlando, Florida, satellite outpatient clinic (7)Page 14, line 3, strike out [$1,400,000] and insert: $16,300,000 (8)Page 14, line 15, strike out [$37,397,000] and insert: $47,397,000 (9)Page 17, line 12, strike out [$100,000,000] and insert: $50,000,000 (10)Page 17, line 23, strike out [$1,275,000,000] and insert: $1,500,000,000 (11)Page 17, after line 24, insert: national homeownership trust demonstration program For the National Homeownership Trust Demonstration program, as authorized by title III of the National Affordable Housing Act, as amended by section 182 of the Housing and Community Development Act of 1992, $50,000,000, to remain available until expended. (12)Page 18, line 2, after ``rescission'' insert: and transfers (13)Page 18, line 5, strike out [$11,473,019,000] and insert: $10,600,000,000 (14)Page 18, line 6, after ``That'' insert: to be added to and merged with the foregoing amounts there shall be up to $200,000,000 of amounts of budget authority (and contract authority) reserved or obligated in prior years for the development or acquisition costs of public housing (including public housing for Indian families), for modernization of existing public housing projects (including such projects for Indian families), and, except as herein provided, for programs under section 8 of the Act (42 U.S.C. 1437f), which are recaptured during fiscal year 1995; and up to $100,000,000 of transfers of unobligated balances from the Urban Development Action program: Provided further, That (15)Page 18, line 7, strike out [$263,000,000] and insert: $300,000,000 (16)Page 18, line 17, strike out [$3,600,000,000] and insert: $3,800,000,000 (17)Page 18, line 19, strike out [.54 per centun] and insert: $15,000,000 (18)Page 18, line 24, strike out all after ``survey'' over to and including ``Program'' in line 2 on page 19 (19)Page 19, line 4, strike out [$2,643,000,000] and insert: $2,144,582,000 (20)Page 19, line 7, after ``1437f(o))'' insert: : Provided further, That of the amount provided for rental assistance, up to $350,000,000 shall be available for the Pension Fund Partnership program, as authorized by section 6 of the HUD Demonstration Act of 1993 (Public Law 103-120); $20,000,000 shall be for the Community Viability Fund; $50,000,000 shall be for the Colonias program; and $500,000,000 shall be for the Neighborhood Leveraged Investment Program (LIFT) (21)Page 19, line 7, strike out all after ``1437f(o))'' down to and including ``Act'' in line 13 (22)Page 19, line 18, strike out [$1,202,100,000] and insert: $735,000,000 (23)Page 19, line 22, strike out [deposition] and insert: disposition (24)Page 19, line 22, strike out [$100,000,000] and insert: $250,000,000 (25)Page 20, line 20, strike out [$156,000,000] and insert: $186,000,000 (26)Page 20, line 23, strike out [$150,000,000] and insert: $75,000,000 (27)Page 21, line 10, strike out all after ``1992'' down to and including ``opportunity'' in line 12 (28)Page 21, line 12, after ``opportunity'' insert: : Provided further, That notwithstanding the language preceding the first proviso of this paragraph, $135,000,000 shall be used for special purpose grants in accordance with the terms and conditions specified for such grants in Senate Report 103-311 (29)Page 21, line 14, strike out [$1,158,000,000] and insert: $1,300,000,000 (30)Page 22, line 17, strike out [$3,705,000,000] and insert: $2,992,000,000 (31)Page 23, strike out lines 6 to 8 (32)Page 24, strike out lines 13 to 17 and insert: For contracts with payments to public housing agencies and nonprofit corporations for congregate services programs, $25,000,000, to remain available until September 30, 1995, of which up to $6,267,000 shall be for entities operating such programs in accordance with the provisions of the Congregate Services Act of 1978, as amended, and the balance shall be for programs under section 802 of the Cranston- Gonzalez National Affordable Housing Act (Public Law 101-625). (33)Page 25, strike out lines 2 to 9 and insert: For the HOPE VI/urban revitalization demonstration program under the third paragraph under the head ``Homeownership and Opportunity for People Everywhere grants (HOPE grants)'' in the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993, Public Law 102-389, 106 Stat. 1571, 1579, $500,000,000, to remain available until expended: Provided, That notwithstanding the first proviso of such third paragraph, the Secretary shall have discretion to approve funding for more than fifteen applicants: Provided further, That notwithstanding the third proviso of such third paragraph, the Secretary may provide funds for more than 500 units for each participating city: Provided further, That in selecting HOPE VI implementation grants recipients in fiscal year 1995, the Secretary must first award such grants to those cities or jurisdictions which have received HOPE VI planning grants in fiscal year 1993 or fiscal year 1994: Provided further, That the requirement of the immediately proceeding proviso shall not limit the Secretary's discretion to limit funding to amounts he deems appropriate, nor shall it prevent the Secretary from guaranteeing that all implementation grant recipients conform with the requirements of the HOPE VI/urban revitalization demonstration program: Provided further, That of the foregoing $500,000,000, the Secretary may use up to $2,500,000 for technical assistance under such urban revitalization demonstration, to be made available directly, or indirectly, under contracts or grants, as appropriate: Provided further, That nothing in this paragraph shall prohibit the Secretary from conforming the program standards and criteria set forth herein, with subsequent authorization legislation that may be enacted into law. (34)Page 25, line 15, strike out [$265,000,000] and insert: $315,000,000 (35)Page 25, line 21, strike out all after ``training)'' down to and including ``firms'' in line 24 (36)Page 25, line 24, after ``firms'' insert: : Provided, That not more than $236,250,000 shall be available for grants to housing authorities with greater than 1,250 public housing units: Provided further, That not more than $63,000,000 shall be available for grants to housing authorities with less than 1,250 public housing units: Provided further, That not more than $15,750,000 shall be available for grants for federally-assisted, low-income housing (37)Page 29, line 14, strike out [$152,000,000] and insert: $188,395,000 (38)Page 29, line 22, after ``$20,885,072,000'' insert: : Provided further, That of the foregoing amount provided to subsidize program costs, not more than $47,098,750 may be obligated by January 1, 1995, not more than $94,197,500 may be obligated by April 1, 1995, not more than $160,135,750 may be obligated by July 1, 1995 (39)Page 32, line 8, strike out [$61,500,000] and insert: $44,000,000 (40)Page 32, line 16, strike out all after ``Development'' down to and including ``homeless'' in line 22 (41)Page 32, line 22, strike out all after ``homeless'' over to and including ``note)'' in line 2 on page 33 (42)Page 33, line 17, strike out [$40,000,000] and insert: $44,000,000 (43)Page 34, line 12, strike out [$962,173,000] and insert: $947,398,000 (44)Page 36, strike out lines 10 to 18 (45)Page 36, strike out lines 19 to 23 (46)Page 37, strike out all after line 2 over to and including line 2 on page 38 (47)Page 38, after line 2 insert: Subparagraph (A) of the first sentence of section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) is amended by striking clause (ii) and all that follows through ``May 12, 1992;'' and inserting the following: ``(ii) 75 percent of the dollar amount limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act for a residence of the applicable size; except that the applicable dollar amount limitation in effect for any area under this subparagraph may not be less than the greater of the dollar amount limitation in effect under this section for the area on the date of enactment of the Housing Choice and Community Investment Act of 1994 or 38 percent of the dollar amount limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act for a residence of the applicable size;''. (48)Page 38, after line 10, insert: Beginning fiscal year 1995, the Government National Mortgage Association shall permit Ginnie Mae II mortgage-backed securities to be eligible as collateral for multiclass securities that such Association guarantees, in accordance with the Notice published at 59 Fed. Reg. 27290 (May 26, 1994) and successor Notices. (49)Page 38, after line 10, insert: Section 8(c)(2)(A) of the United States Housing Act of 1937 is amended by inserting at the end the following: ``However, where the maximum monthly rent, for a unit in a new construction, substantial rehabilitation, or moderate rehabilitation project, to be adjusted using an annual adjustment factor exceeds the fair market rental for an existing dwelling unit in the market area, the Secretary shall adjust the rent only to the extent that the owner demonstrates that the adjusted rent would not exceed the rent for an unassisted unit of similar quality, type, and age in the same market area, as determined by the Secretary. The immediately foregoing sentence shall be effective only during fiscal year 1995.''. The immediately foregoing amendment shall apply to all contracts for new construction, substantial rehabilitation, and moderate rehabilitation projects under which rents are adjusted under section 8(c)(2)(A) of such Act by applying an annual adjustment factor. (50)Page 38, after line 10, insert: Section 8(c)(2)(A) of the United States Housing Act of 1937, as amended by the immediately foregoing amendment to such section, is further amended by inserting at the end the following: ``For any unit occupied by the same family at the time of the last annual rental adjustment, where the assistance contract provides for the adjustment of the maximum monthly rent by applying an annual adjustment factor and where the rent for a unit is otherwise eligible for an adjustment based on the full amount of the factor, 0.01 shall be subtracted from the amount of the factor, except that the factor shall not be reduced to less than 1.0. The immediately foregoing sentence shall be effective only during fiscal year 1995.''. The immediately foregoing shall hereafter apply to all contracts that are subject to section 8(c)(2)(A) of such Act and that provide for rent adjustments using an annual adjustment factor. (51)Page 38, after line 10, insert: The United States Housing Act of 1937 is amended in each of sections 6(c)(4)(A)(ii) and 8(d)(1)(A)(ii), by striking ``and (V)'' and inserting in lieu thereof the following: ``(V) assisting families that include one or more adult members who are employed; and (VI)''; in sections 6(c)(4)(A)(ii) and 8(d)(1)(A)(ii), by inserting after the final semicolon in each the following: ``subclause (V) shall be effective only during fiscal year 1995;''; and in the penultimate sentence of section 16(c), by striking ``under the system'' and all that follows up to the period. (52)Page 38, after line 10, insert: Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by adding at the end the following new subsection: ``(aa) Refinancing Incentive.-- ``(1) In General.--The Secretary may pay all or a part of the up front costs of refinancing for each project that-- ``(A) is constructed, substantially rehabilitated, or moderately rehabilitated under this section; ``(B) is subject to an assistance contract under this section; and ``(C) was subject to a mortgage that has been refinanced under section 223(a)(7) or section 223(f) of the National Housing Act to lower the periodic debt service payments of the owner. ``(2) Share From Reduced Assistance Payments.--The Secretary may pay the up front cost of refinancing only-- ``(A) to the extent that funds accrue to the Secretary from the reduced assistance payments that results from the refinancing; and ``(B) after the application of amounts in accordance with section 1012 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988.''. Section 223(a)(7) of the National Housing Act (42 U.S.C. 1751n(a)(7)) is amended in subparagraph (B), by striking ``and'' at the end; and by inserting, before ``: Provided further'' in said paragraph, the following: ``; and (D) any multifamily mortgage that is refinanced under this paragraph shall be documented through amendments to the existing insurance contract and shall not be structured through the provisions of a new insurance contract''. The amendments of the two immediately preceding paragraphs shall be effective only during fiscal year 1995. (53)Page 38, after line 10, insert: Section 601 of title VI of S. 2281 (103d Cong., 2d Sess), as reported to the Senate on July 13 (legislative day, July 11), 1994 (S. Rep. 103-307), is hereby incorporated into this Act, and such section 601 is deemed enacted into law upon enactment of this Act: Provided, That the provisions of such section 601 shall be effective only during fiscal year 1995. (54)Page 38, after line 10, insert: Title VIII of S. 2281 (103d Cong., 2d Sess), as reported to the Senate on July 13 (legislative day, July 11), 1994 (S. Rep. 103-307), is hereby incorporated into this Act, and such title VIII is deemed enacted into law upon enactment of this Act. (55)Page 38, after line 10, insert: Notwithstanding any other provision of law, the New York City Housing Authority is authorized to use not more than $12,420,000, from development reservation number NY36P005324 for 100 public housing units previous awarded from funds appropriated under Public Law 101-507 (Nov. 5, 1990), for the purpose of completing a homeownership program involving not more than 463 dwelling units located in Bronx County, in the City of New York, in accordance with a certain submission dated November 16, 1993 made in response to a Notice of Funding Availability issued at 58 Fed. Reg. 41127. The Secretary of Housing and Urban Development shall thereafter add a similar number of existing non- Federal public housing units, designated by the Authority, to the agency's inventory of federally-assisted public housing developments and said units shall, for all purposes other than the repayment of any debt associated with their development or rehabilitation, be considered as if initially developed under title I of the Housing Act of 1937. (56)Page 40, strike out lines 3 to 5 (57)Page 40, after line 5 insert: For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, including hire of passenger vehicles, and for services authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 5376, $4,250,000. (58)Page 40, after line 5 insert: Community Development Financial Institutions community development financial institutions fund program account For grants, loans, and technical assistance to qualifying community development lenders, and administrative expenses of the Fund, $125,000,000, to remain available until September 30, 1996, of which $100,000,000 shall become available on September 23, 1995: Provided, That of the funds made available under this heading, up to $10,000,000 may be used for the cost of direct loans, and up to $1,000,000 may be used for administrative expenses to carry out the direct loan program: Provided further, That the costs of direct loans, including the cost of modifying such loans, shall be defined as in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $75,815,000: Provided further, That none of the funds made available under this heading may be used for programs and activities of the Bank Enterprise Act. (59)Page 40, line 15, strike out [$43,486,000] and insert: $40,509,000 (60)Page 40, strike out all after line 24 over to and including ``hereafter'' in line 1 on page 41 and insert: $610,000,000, of which $411,212,000 is available for obligation for the period September 1, 1995 through August 31, 1996 (61)Page 41, line 2, strike out [$27,400,000] and insert: $29,400,000 (62)Page 41, line 4, strike out [$13,700,000] and insert: $14,700,000 (63)Page 41, line 9, strike out [$125,900,000] and insert: $155,900,000 (64)Page 41, line 12, after ``Act'' insert: : Provided further, That not more than $9,450,000 of the $155,590,000 for the National Service Trust shall be for educational awards authorized under section 129(b) of the subtitle C of title I of the Act (65)Page 41, line 12, after ``Act'' insert: : Provided further, That $6,500,000 shall be made available for the Points of Light Foundation for purposes authorized under title III of the Act (66)Page 41, line 12, after ``Act'' insert: : Provided further, That no funds from any other appropriation, or from funds otherwise made available to the Corporation, shall be used to pay for personnel compensation and benefits, travel, or any other administrative expense for the Board of Directors, the Office of the Chief Executive Officer, the Office of the Managing Director, the Office of the Chief Financial Officer, the Office of National and Community Service Programs, the National Civilian Community Corps, or any portion of any of the Corporation's field offices or staff working on National and Community Service or National Civilian Community Corps programs (67)Page 41, line 16, strike out [$1,000,000] and insert: $2,000,000 (68)Page 41, line 21, strike out [$9,289,000] and insert: $9,429,000 (69)Page 41, line 23, strike out [$650,000] and insert: $790,000 (70)Page 42, strike out all after line 13 over to and including line 13 on page 43 (71)Page 43, after line 13 insert: research and development For research and development activities, including procurement of laboratory equipment and supplies; other operating expenses in support of research and development; and construction, alteration, repair, rehabilitation and renovation of facilities, not to exceed $75,000 per project; $350,000,000, to remain available until September 30, 1996: Provided, That not more than $50,567,000 of these funds shall be available for procurement of laboratory equipment, supplies, and other operating expenses in support of research and development. (72)Page 43, after line 13 insert: abatement, control, and compliance For abatement, control, and compliance activities, including hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $75,000 per project; and not to exceed $6,000 for official reception and representation expenses; $1,427,000,000, to remain available until September 30, 1996: Provided, That not more than $296,772,500 of these funds shall be available for operating expenses: Provided further, That none of the funds appropriated under this head shall be available to the National Oceanic and Atmospheric Administration pursuant to section 118(h)(3) of the Federal Water Pollution Control Act, as amended: Provided further, That none of these funds may be expended for purposes of resource conservation and recovery panels established under section 2003 of the Resource Conservation and Recovery Act, as amended (42 U.S.C. 6913), or for support to State, regional, local, and interstate agencies in accordance with subtitle D of the Solid Waste Disposal Act, as amended, other than section 4008(a)(2) or 4009 (42 U.S.C. 6948, 6949): Provided further, That from funds appropriated under this heading, the Administrator may make grants to federally recognized Indian governments for the development of multimedia environmental programs. (73)Page 43, line 21, strike out [$935,000,000] and insert: $922,000,000 (74)Page 43, strike out line 23 (75)Page 44, line 3, strike out all after ``project,'' down to and including ``expenses'' in line 8 and insert: $28,542,000 (76)Page 44, strike out lines 9 to 14 (77)Page 44, after line 14 insert: buildings and facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $43,870,000, to remain available until expended. (78)Page 44, line 22, strike out [$1,435,000,000] and insert: $1,200,000,000 (79)Page 44, line 23, strike out [$1,185,000,000] and insert: $950,000,000 (80)Page 45, line 9, after ``CERCLA'' insert: : Provided further, That $15,384,000 of the funds appropriated under this heading shall be transferred to the Office of Inspector General appropriation to remain available until September 30, 1995 (81)Page 46, line 3, after ``contract'' insert: : Provided further, That nothing in this paragraph shall prohibit the Administrator from conforming the program standards and criteria set forth herein, with subsequent authorization legislation that may be enacted into law (82)Page 46, line 12, after ``expenses'' insert: : Provided further, That $669,000 of the funds appropriated under this heading shall be transferred to the Office of Inspector General appropriation to remain available until September 30, 1995 (83)Page 46, strike out all after line 21 over to and including line 25 on page 47 (84)Page 47, after line 25 insert: water infrastructure/state revolving funds For necessary expenses for capitalization grants for State revolving funds to support water infrastructure financing, and to carry out the purposes of the Federal Water Pollution Control Act, as amended, and the Water Quality Act of 1987, $3,400,000,000, to remain available until expended, of which $22,500,000 shall be for making grants under section 104(b)(3) of the Federal Water Pollution Control Act, as amended; $100,000,000 shall be for making grants under section 319 of the Federal Water Pollution Control Act, as amended; $52,500,000 shall be for section 510 of the Water Quality Act of 1987; $47,500,000 shall be made available in consultation with the appropriate border commission for architectural, engineering, and design, and related activities in connection with wastewater facilities in the vicinity of Nogales, Arizona, and Mexicali, Mexico, and planning and design of other high priority wastewater facilities in the area of the Mexican border, the purpose of which facilities is to control municipal wastewater from Mexico; $50,000,000 shall be for grants to the State of Texas, which shall be matched by an equal amount of State funds from State sources, for the purpose of improving wastewater treatment in colonias in that State; $10,000,000 shall be for a grant to the State of New Mexico, which is to be matched by an equal amount of State funds from State sources, for the purpose of improving wastewater treatment in colonias in that State; $70,000,000 shall be for making grants under section 1443(a) of the Public Health Service Act; and, notwithstanding any other provision of law, $369,700,000 shall be for making grants with a 55 percent Federal share for the construction of wastewater treatment facilities in accordance with the terms and conditions specified for such grants in Senate Report 103-311: Provided, That notwithstanding any other provision of law, $500,000,000 made available under this heading in Public Law 103-124, and earmarked to not become available until May 31, 1994, which date was extended to September 30, 1994, in Public Law 103-211, shall be available immediately and without further authorization for making grants with a 55 percent Federal share for the construction of wastewater treatment facilities in accordance with the terms and conditions specified for such grants in Senate Report 103-311: Provided further, That the grant awarded from funds appropriated under the paragraph with the heading ``Construction grants'' in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990 (103 Stat. 858) for construction of a connector sewer line, consisting of a main trunk line and 4 pump stations for the town of Honea Path, South Carolina, to the wastewater treatment facility in the town of Ware Shoals, South Carolina, shall include demolition of Chiquola Mill Lagoon, Clatworthy Lagoon, Corner Creek Lagoon, and Still Branch Lagoon: Provided further, That none of the funds provided under this heading for State revolving funds shall be allocated based on the 1992 Needs Survey Report to Congress. (85)Page 48, strike out line 1 and insert: administrative provisions (86)Page 48, after line 15 insert: None of the funds provided in this Act may be used within the Environmental Protection Agency for any final action by the Administrator or her delegate for signing and publishing for promulgation of a rule concerning any new standard for radon in drinking water. (87)Page 48, after line 15 insert: None of the funds provided in this Act may be used during fiscal year 1995 to sign, promulgate, implement or enforce the requirement proposed as ``Regulation of Fuels and Fuel Additives: Individual Foreign Refinery Baseline Requirements for Reformulated Gasoline'' at volume 59 of the Federal Register at pages 22800 through 22814. (88)Page 48, after line 15 insert: sense of the senate regarding the environmental self-evaluation privilege (a) Findings.--The Senate finds that-- (1) The intended effect of environmental protection statutes passed over the past three decades is to improve and protect the natural and human environment. (2) The President's National Performance Review concluded that the environmental laws and regulations implemented over the past decade have led to significant improvements in environmental quality. (3) The National Performance Review further concludes that many of these laws, however, place a very real cost burden on local governments. Localities now struggle to comply with new requirements of the Safe Drinking Water Act, the Resource Conservation and Recovery Act, the Clean Water Act, the Clean Air Act, and Superfund, with little or no prospect of significant increases in Federal grants and only limited availability of loans in the future. (4) The Environmental Protection Agency (EPA) estimates that, by the year 2000, local governments will need to spend nearly $44,000,000,000 annually to meet existing requirements. (5) The National Performance Review states: ``With the opportunity to `reinvent' the way EPA works with State and local governments, EPA has a chance to significantly increase the effectiveness of our Nation's environmental programs. (6) The National Performance Review acknowledged that there are numerous examples where the failure of EPA to devise better ways to protect the environment affordably may result in just the opposite of the intended effect. (7) To further the goals of protecting and improving the natural and human environment, the States of Oregon, Indiana, Kentucky and Colorado have passed laws establishing an ``environmental self-evaluation privilege''. (8) The EPA is currently considering modifying its existing environmental auditing policy. (b) Sense of the Senate.--It is the sense of the Senate that-- (1) The National Performance Review is correct in stating that EPA must recognize that increased regulatory flexibility offers tremendous opportunity for positive institutional change at Federal, State and local levels. (2) EPA must take advantage of these opportunities by finding ways to allow flexibility without compromising fairness, accountability and, above all, performance. (3) The EPA should seriously consider the ``environmental self-evaluation privilege'', as enacted into law by the States of Oregon, Indiana, Kentucky and Colorado, as a low-cost opportunity to increase performance toward the intended effect of environmental protection statutes to improve and protect the natural and human environment. (89)Page 49, strike out lines 13 to 17 (90)Page 49, line 20, strike out all after ``319'' down to and including ``417'' in line 21 (91)Page 50, line 3, strike out all after ``319'' down to and including ``417'' in line 4 (92)Page 50, line 8, strike out [$145,000] and insert: $95,000 (93)Page 50, line 23, strike out [$165,000,000] and insert: $162,000,000 (94)Page 51, line 20, strike out [$220,345,000] and insert: $212,960,000 (95)Page 56, line 5, strike out [$5,592,900,000] and insert: $5,573,900,000 (96)Page 56, after line 7 insert: (including rescission of funds) (97)Page 56, after line 19 insert: Of the amounts provided under the heading, ``construction of facilities'', for the Consortium for International Earth Science Information Network in Public Law 102-389, $10,000,000 are rescinded. (98)Page 56, after line 19 insert: national aeronautical facilities For construction of new national wind tunnel facilities, including final design, modification of existing facilities, necessary equipment, and for acquisition or condemnation of real property as authorized by law, for the National Aeronautics and Space Administration, $400,000,000, to remain available until March 31, 1997. (99)Page 57, line 14, strike out [$2,549,587,000] and insert: $2,559,587,000 (100)Page 57, line 14, after ``$2,549,587,000'' insert: , to remain available until September 30, 1996 (101)Page 57, line 18, strike out [$16,000,000] and insert: $16,800,000 (102)Page 57, strike out all after line 20 over to and including line 9 on page 58 (103)Page 59, after line 2 insert: Notwithstanding the limitation on the availability of funds appropriated for ``Mission support'', amounts made available by this Act for personnel and related costs and travel expenses of the National Aeronautics and Space Administration shall remain available until September 30, 1995 and may be used to enter into contracts for training, investigations, cost associated with personnel relocation, and for other services, to be provided during the next fiscal year. (104)Page 60, after line 2 insert: The fourth proviso in the paragraph under the heading ``Science, space, and technology education trust fund'' in the Department of Housing and Urban Development--Independent Agencies Appropriations Act, 1989 (Public Law 101-404, 102 Stat. 1014, 1028) is amended by striking out ``for a ten-year period'' and inserting in lieu thereof ``hereafter''. (105)Page 60, after line 2 insert: Notwithstanding any other provision of law or regulation, the National Aeronautics and Space Administration shall convey, without reimbursement, to the City of Slidell, Louisiana, all rights, title, and interest of the United States in the property, including all improvements thereon, known as the Slidell Computer Complex, and consisting of approximately 14 acres in the City of Slidell, St. Tammany Parish, Louisiana: Provided, That appropriated funds may be used to effect this conveyance: Provided further, in consideration of this conveyance, the National Aeronautics and Space Administration may require such other terms and conditions as the Administrator deems appropriate to protect the interests of the United States. (106)Page 60, after line 2 insert: Of amounts made available within this Act to the National Aeronautics and Space Administration, not more than $108,900,000 shall be obligated to satisfy the requirements set forth in section 9(e)-(r) of the Small Business Act, as amended (15 U.S.C. 638(e)-(r)), and any related requirements, including such requirements enacted in Public Law 102-564. (107)Page 60, line 21, strike out [$2,216,923,000] and insert: $2,300,000,000 (108)Page 61, line 24, strike out [$105,000,000] and insert: $150,000,000 (109)Page 62, line 7, strike out [$100,000,000] and insert: $300,000,000 (110)Page 62, line 8, strike out all after ``1996'' down to and including ``1995'' in line 10 (111)Page 62, line 10, after ``1995'' insert: : Provided, That $190,000,000 of the funds under this heading are available for obligation for the period September 1, 1995 through August 31, 1996 (112)Page 62, line 18, strike out [$585,974,000] and insert: $605,974,000 (113)Page 63, line 18, strike out [$4,000,000] and insert: $4,380,000 (114)Page 66, strike out lines 8 to 25 (115)Page 73, strike out all after line 8 over to and including line 2 on page 75 (116)Page 75, strike out lines 3 to 13 (117)Page 75, after line 13 insert: Sec. 517. None of the funds in this Act may be used to reimburse grantees for indirect costs at an amount that differs from procedures in use by Federal agencies on June 1, 1994 or from OMB Circular A-21, as published in the Federal Register on July 26, 1993 on pages 39996 through 39999. (118)Page 75, after line 13 insert: legal effect of security council resolution on haiti Sec. 518. It is the sense of the Senate that United Nations Security Council Resolution 940 of July 31, 1994, does not constitute authorization for the deployment of United States Armed Forces in Haiti under the Constitution of the United States or pursuant to the War Powers Resolution (Public Law 93-148). (119)Page 75, after line 13 insert: Sec. 519. The budgetary resources made available to the National Aeronautics and Space Administration in this Act for fiscal year 1995 for procurement and procurement-related expenses are hereby reduced by an additional $19,703,000. (120)Page 75, after line 13 insert: Sec. 520. None of the funds made available by this or any other Act shall be used to publish, implement, or enforce any regulations promulgated to carry out section 919 of the Housing and Community Development Act of 1992 before July 1, 1995. (121)Page 75, after line 13 insert: Sec. 521. None of the funds made available in this Act to the Department of Housing and Urban Development may be used to provide any individual assistance or benefit to any individual or entity in the United States unless the Federal entity or official to which the funds are made available takes reasonable actions to determine whether the individual is in a lawful immigration status in the United States: Provided, That in no case may a Federal entity, official, or agent of any Federal entity or official discriminate against any individual with respect to filing, inquiry, or adjudication of an application for funding made available in this Act on the basis of race, color, creed, handicap, religion, sex, national origin, citizenship status or form of lawful immigration status: Provided further, That for purposes of this section, the term ``individual assistance or benefit'' does not include search and rescue, emergency medical care, emergency mass care, emergency shelter, clearance of roads and construction of temporary bridges necessary to the performance of emergency tasks and essential community services, warning of further risks or hazards, dissemination of public information and assistance regarding health and safety measures, the provision on an emergency basis of food, water, medicine, and other essential needs, including movement of supplies or persons, or reduction of immediate threats to life, property, and public health and safety: Provided further, That, notwithstanding any other provision of this section, a homeless individual may, for a period not to exceed 45 days, receive assistance from funds made available under this Act to assist homeless individuals pursuant to the Stewart B. McKinney Homeless Assistance Act, regardless of the immigration status of such individual. (122)Page 75, after line 13 insert: Sec. 522. It is sense of the Senate that-- (1) the murders of a doctor, his escort, and the wounding of another escort outside a reproductive health clinic in Pensacola, Florida, on July 29, 1994, were reprehensible acts of violence and terrorism; (2) the Department of Justice, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, and Firearms should undertake all enforcement and investigative activities under the Freedom of Access to Clinic Entrances Act, and any other applicable laws, that are necessary to ensure the safety of women seeking to enter reproductive health clinics, their doctors, and escorts and clinic workers and to demonstrate to future potential perpetrators of such violence that these laws will be strongly enforced nationwide; (3) The Attorney General should utilize the full extent of her authority to provide adequate protection to women seeking to enter reproductive health clinics, their doctors, and escorts and clinic workers; and (4) all investigative and law enforcement activities undertaken by the Government in accordance with this section should be conducted in a manner that is fully consistent with the first amendment to the Constitution. (123)Page 75, after line 13 insert: TITLE VI EMERGENCY SUPPLEMENTAL APPROPRIATIONS DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Community Planning and Development community development grants For an additional amount for ``Community development grants'', as authorized under title I of the Housing and Community Development Act of 1974, for emergency expenses resulting from the January 1994 earthquake in Southern California, $225,000,000, to remain available until September 30, 1996, of which $50,000,000 shall be derived by transfer from funds provided under the head ``Department of Education, Impact aid'' in the Emergency Supplemental Appropriations Act of 1994 (Public Law 103-211): Provided, That of the foregoing amount, $200,000,000 and $25,000,000 shall be for the cities of Los Angeles and Santa Monica, California, respectively: Provided further, That in administering these funds, 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 any use by the recipient of these funds, except for statutory requirements relating to fair housing and nondiscrimination, the environment, and labor standards, upon finding that such waiver is required to facilitate the obligation and use of such funds, and would not be inconsistent with the overall purpose of the statute or regulation: Provided further, That the entire amount is designated by 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. For an additional amount for ``Community development grants'', for grants to States and units of general local government and for related expenses, not otherwise provided for, necessary for carrying out a community development program as authorized by title I of the Housing and Community Development Act of 1974, to be used to assist States, local communities, and businesses in recovering from the flooding and damage caused by Tropical Storm Alberto and other disasters, $180,000,000, to remain available until expended: Provided, That the entire amount 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: Provided further, That the entire amount shall be available only to the extent of an official budget request, for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement, as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, is transmitted to the Congress: Provided further, That the Secretary of Housing and Urban Development may waive any provision of law (except for provisions relating to fair housing, the environment, or labor standards) if the Secretary determines such waiver is necessary to facilitate the obligation of the entire amount: Provided further, That the Secretary of Housing and Urban Development may transfer up to $50,000,000 to the HOME investment partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act, to be used for purposes related to flooding and damage caused by Tropical Storm Alberto and other disasters. Federal Emergency Management Agency For an additional amount for ``Disaster assistance direct loan program account'' for the cost of direct loans, $12,500,000, as authorized by section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act to be used to assist local governments in recovering from flooding and damage caused by Tropical Storm Alberto and other disasters: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $50,000,000 under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act: Provided further, That any unused portion of the direct loan limitation and subsidy shall be available until expended: Provided further, That the entire amount 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: Provided further, That the entire amount shall be available only to the extent of an official budget request, for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement, as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, is transmitted to the Congress. DEPARTMENT OF TRANSPORTATION Federal Highway Administration Federal-Aid Highways emergency relief program (highway trust fund) The matter under the heading in the Emergency Supplemental Appropriations Act of 1994 (Public Law 103-211) is amended by deleting ``$950,000,000'' and inserting in lieu thereof ``$775,000,000''. Attest: Secretary. HR 4624 EAS----2 HR 4624 EAS----3 HR 4624 EAS----4 HR 4624 EAS----5