102d CONGRESS
2d Session
H. R. 5132
AMENDMENTS
HR 5132 EAS
In the Senate of the United States,
May 21 (legislative day, March 26), 1992.
Resolved, That the bill from the House of Representatives (H.R. 5132)
entitled `An Act making dire emergency supplemental appropriations for
disaster assistance to meet urgent needs because of calamities such as
those which occurred in Los Angeles and Chicago, for the fiscal year ending
September 30, 1992, and for other purposes' do pass with the following
AMENDMENTS:
( 1 ) Page 1, strike out all after line 7 over to and including line 9 on
page 2, and insert:
disaster loans program account
For an additional amount for the cost of direct loans, $118,755,000, to
remain available until expended to subsidize additional gross obligations
for the principal amount of direct loans not to exceed $350,000,000, and
in addition, for administrative expenses to carry out the disaster loan
program, an additional $20,000,000, to remain available until expended,
which may be transferred to and merged with appropriations for `Salaries
and expenses': Provided, That Congress hereby designates these amounts
as emergency requirements for all purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985.
business loans program account
For an additional amount for the cost of section 7(a) guaranteed loans
(15 U.S.C. 636(a)), $46,895,000, to remain available until expended, and
for an additional amount for the cost of direct loans authorized under the
Microloan Demonstration Program (15 U.S.C. 636(m)), $5,000,000, to remain
available until expended, and in addition, for grants in conjunction with
such direct loans, $4,000,000, to remain available until expended and
to be merged with appropriations for `Salaries and expenses': Provided,
That these funds shall be available only to the extent an official budget
request 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
Congress hereby designates these amounts as emergency requirements for all
purposes of the Balanced Budget and Emergency Deficit Control Act of 1985.
( 2 ) Page 3, after line 19, insert:
DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
For an additional amount for `Training and Employment Services',
$675,000,000, to be available for obligation for the period July 1,
1991, through June 30, 1992, to carry out part B of title II of the Job
Training Partnership Act: Provided, That notice of eligibility of funds
shall be given by June 15, 1992: Provided further, That these funds shall
be available only to the extent an official budget request 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 Congress hereby
designates these amounts as emergency requirements for all purposes of
the Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That, for the purposes of this Act, of the funds appropriated
herein, the first $200,000,000, will be made available as follows: 50
percent will be made available by the Secretary to the service delivery
areas containing the 75 cities with the largest population as determined
by the 1990 Census data, in accordance with the formula criteria contained
in section 201(b)(1) of the Job Training Partnership Act; and 50 percent
will be allotted among the States in accordance with the formula contained
in section 201(b)(1) and 201(b)(2)(A) to be distributed within the State
with a priority for areas with emergency summer youth employment needs:
Provided further, That from the remaining funds appropriated herein the
Secretary shall first allocate to Guam, the Virgin Islands, American Samoa,
the Trust Territory of the Pacific Islands, the Northern Mariana Islands,
and entities eligible under section 401 of the Job Training Partnership Act,
the same percentage of funds as were available to such areas and entities
for the summer youth program in the fiscal year preceding the fiscal year
for which the determination is made; the remainder of sums appropriated
for summer youth employment and training programs for purposes of this
Act shall be allotted among the States by--
(1) first alloting the amount so that--
(A) 50 percent of the amount shall be allotted on the basis of the relative
number of economically disadvantaged adults, as defined in accordance
with section 4(8) of such Act, within each State, as compared to the total
number of such economically disadvantaged adults in all States;
(B) 25 percent shall be allotted on the basis of the relative concentration
of such economically disadvantaged adults within each State as compared
to the total concentration of such economically disadvantaged adults in
all States; and
(C) 25 percent shall be allotted on the basis of the relative number
of unemployed individuals, as defined in accordance with section 4(25)
of such Act, who reside in each State as compared to the total number of
such unemployed individuals in all States;
(2) adjusting the sums so allocated--
(A) to ensure that each State with a teenage youth unemployment rate above
the 1991 average teenage youth unemployment rate, as calculated by the
Bureau of Labor Standards, shall receive not less than the State would have
received if such amount had been allotted in accordance with section 201(b)
of such Act; and
(B) by reducing the sums received by States not described in subparagraph
(A) on a pro rata basis; and
(3) requiring each Service Delivery Area to certify to the Governor of
the State in which the Service Delivery Area is located that--
(A) priority for service has been placed on eligible youth who are basic
skills deficient, juvenile delinquents, at-risk of school failure, pregnant
or parenting, or homeless or runaway youth; and
(B) the summer program--
(i) enhances basic educational skills of youth, and
(ii) encourages school completion, or enrollment in supplementary or
alternative school programs.
DEPARTMENT OF JUSTICE
General Administration
EMERGENCY `WEED AND SEED' PROGRAM FUND
For necessary expenses to implement `Weed and Seed' program activities,
$250,000,000, to remain available until expended for intergovernmental
agreements, including cooperative agreements and contracts, with state
and local law enforcement agencies engaged in the investigation and
prosecution of violent crimes and drug offenses in `Weed and Seed'
designated communities, and for either reimbursements or transfers to
appropriation accounts of the Department of Justice and other Federal
agencies which shall be specified by the Attorney General to execute the
`Weed and Seed' program strategy:  Provided, That the Attorney General with
the cooperation of the Secretaries of Labor, Education, Health and Human
Services, Transportation, Agriculture and Housing and Urban Development and
the Director of the Office of National Drug Control Policy shall implement
the `Weed and Seed' program by providing local communities funds, through
intergovernmental agreements or contracts, technical assistance and related
information to coordinate new or existing public and private neighborhood
revitalization programs: Provided further, That any amounts obligated
from appropriations under this heading may be used under the authorities
available to the organizations receiving reimbursements or transfers from
this appropriation: Provided further, That these funds shall be available
only to the extent an official budget request 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 Congress hereby
designates these amounts as emergency requirements for all purposes of
the Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That the Committees on Appropriations of the House and Senate
shall be provided quarterly reports on the obligation and expenditure of
the funds appropriated under this heading.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
HUMAN DEVELOPMENT SERVICES
For an additional amount for `Human Development Services,' $250,000,000,
to carry out the Head Start Act, which shall be made available   to Head
Start agencies operating Head Start programs on the date of the enactment
of this Act, for the purposes of assisting the agencies to provide, during
the summer months, Head Start services, including services through family
literacy projects: Provided, That for the purpose of this Act, no part of
any amount appropriated under this Act or any other provision of Federal
law shall be used to enforce the limitation specified in section 640(b)
of such Act with respect to such amount: Provided further, That notice of
eligibility of funds shall be given by June 15, 1992: Provided further,
That these funds shall be available only to the extent an official budget
request 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
Congress hereby designates these amounts as emergency requirements for all
purposes of the Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF EDUCATION
Compensatory Education for the Disadvantaged
For an additional amount for `Compensatory Education for the Disadvantaged,'
$250,000,000, to carry out programs and projects in each of the 50 States
during the summer months that meet the educational needs of educationally
deprived children identified in accordance with section 1014 of the
Elementary and Secondary Education Act of 1965, including programs and
projects related to  arts and drama, academic subjects, literacy, community
services, recreation, conflict management, and dropout prevention: Provided,
That these funds shall be available only to the extent an official budget
request 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 Congress hereby designates these amounts as emergency
requirements for all purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That for the purpose of this Act,
such amount shall be expended by first reserving for each State $500,000
of such amount to carry out such programs and projects, and by allocating
the remainder of such amount in accordance with section 1005 of such Act:
Provided further, That for the purpose of this Act--
(1) a sum equal to not less than 75 percent of the amount each State
receives under this heading shall be made available to carry out such
programs and projects through local educational agencies, as defined in
section 1471(12) of such Act, that--
(A) serve the largest four central cities, as defined by the Director of
the Bureau of the Census, in a State; or
(B)(i) enroll more than 25,000 students; and
(ii) serve such a central city that has a population of not less than
125,000 and is within a metropolitan statistical area, as defined by the
Bureau of the Census; and
(iii) have a higher percentage of children in poverty than the State
average percentage of children in poverty; and
(2) the remaining amount each State receives under this heading shall
be made  available to carry out such programs and projects through
local educational agencies, as defined in section 1471(12) of such Act,
that for the purpose of this Act have a higher percentage of children in
poverty than the State average percentage of children in poverty: Provided
further, That children enrolled in private elementary and secondary schools
may participate in programs and projects assisted under this heading in
accordance with section 1017 of the Elementary and Secondary Education
Act: Provided further, That the intrastate formula shall be allocated on
the basis of the number of Chapter I eligible students participating in
the program, adjusted for the cost of transportation: Provided further,
That notice of eligibility of funds shall be given by June 15, 1992.
DEPARTMENT OF THE TREASURY
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
For an additional amount for `Salaries and expenses', $1,500,000 for law
enforcement training activities of the Center, to remain available until
expended.
Bureau of Alcohol, Tobacco and Firearms
SALARIES AND EXPENSES
For an additional amount for `Salaries and expenses', $5,500,000 for the
hiring, training and equipping of not less than 200 additional full-time
equivalent positions for violent crime task forces and for increased costs
associated with the Los  Angeles riot, to remain available until expended.
national and community service
For an additional amount to carry out title I, subtitle C of the National
and Community Service Act of 1990, $25,000,000: Provided, That these funds
shall be available only to the extent an official budget request 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 Congress
hereby designates these amounts as emergency requirements for all purposes
of the Balanced Budget and Emergency Deficit Control Act of 1985.
United States Customs Service
OPERATION AND MAINTENANCE, AIR AND MARINE INTERDICTION PROGRAMS
(RESCISSION)
Of the funds made available under this heading in Public Law 102-141,
$3,400,000 are rescinded.
United States Mint
SALARIES AND EXPENSES
(RESCISSION)
Of the funds made available under this heading in Public Law 102-141,
$500,000 are rescinded.
Bureau of the Public Debt
SALARIES AND EXPENSES
(RESCISSION)
Of the funds made available under this heading in Public Law 102-141,
$800,000 are rescinded.
United States Secret Service
SALARIES AND EXPENSES
(RESCISSION)
Of the funds made available under this heading in Public Law 102-141,
$1,765,000 are rescinded.
EXECUTIVE OFFICE OF THE PRESIDENT
Office of National Drug Control Policy
SALARIES AND EXPENSES
(RESCISSION)
Of the funds made available under this heading in Public Law 102-141,
$1,000,000 are rescinded.
( 3 ) Page 3, after line 19, insert:
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
federal transit administration
For fiscal year 1992, funds provided under section 133, of title 23, United
States Code; funds provided under section 1008, of Public Law 102-240;
and, funds provided under section 9 of the Federal Transit Act shall be
exempt from requirements for any non-Federal share and payback otherwise
required: Provided, That such funds shall be obligated not later than
September 30, 1992.
( 4 ) Page 3, after line 19, insert:
GENERAL PROVISIONS
( 5 ) Page 3, after line 19, insert:

a7c6e7dad487a95361d03070ddeca42018e60f8089e1acb9dcc41247697ca82c

Subsection (b) of section 125 of title 23, United States Code is amended
by striking `on the Federal-aid highway systems including the Interstate
System' in two places and inserting in each place `on Federal-aid highways'.
( 6 ) Page 3, after line 19, insert:

f346e2db8b16e2936425809b6781542a2d1eed5d0515e8ca7ff926f9746720f8

(a) IN GENERAL- $369,000,000 of the reduction in obligation authority
for fiscal year 1992 required by section 1004 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240) as a result of the
enactment of section 1095 of the Intermodal Surface Transportation Efficiency
Act of 1991 is restored for programs subject to the obligation ceiling.
(b) CLARIFICATION- Section 1095 of the Intermodal Surface Transportation
Efficiency Act of 1991 is amended in the first sentence by inserting `,
subject to appropriations,' after `is authorized'.
( 7 ) Page 3, after line 19, insert:

35e459f524c732483e951dcb069fc46ac70459da3ed87a1bcf5e18aedf7e0748

(a) FINDINGS- Congress finds that--
(1) like the residents of Chicago and Los Angeles who have suffered severe
losses due to recent disasters, agricultural producers suffered severe losses
as a result of natural disasters during the 1990 through 1992 crop years;
(2) repeated operating losses due to natural disasters have placed
agricultural producers in financial stress and have caused increased loan
delinquencies to agricultural lenders;
(3) the economics of communities in affected areas have been depressed as
a result of crop failures; and
(4) the matter under the heading `COMMODITY CREDIT CORPORATION' of chapter
III of title I of Public 102-229 (105 Stat. 1712) grants the President
the authority to declare $755,000,000 as emergency appropriations for
agricultural disasters during the 1990 through 1992 crop years.
(b) SENSE OF CONGRESS- It is the sense of Congress that the President
should exercise the authority referred to in subsection (a)(4) to  make
emergency designations for rural agricultural disasters, as well as the
urban disasters in Chicago and Los Angeles.
( 8 ) Page 3, after line 19, insert:

42bb0179e76cc7d31199dcb5a17d1e28a54bf517237d946de9948a11f6140380

(a) FINDINGS- The Senate finds that:
(1) The crisis of poverty and high unemployment in America's inner-cities
and rural areas demands an appropriate and timely response from Congress;
(2) Manufacturing and industry has largely disappeared from many United
States inner cities which, in turn, led to the severe decline in good
high-wage jobs, wholesale trade, retail businesses, and a large source of
local tax revenues;
(3) Encouraging small and medium-sized businesses, which create the
majority of new jobs in the United States economy, to locate and invest
in poor neighborhoods is one of the keys to revitalizing urban America;
(4) Enterprise Zones will help convince businesses to build and grow in poor
neighborhoods; they will give people incentives to invest in such businesses
and to hire and train both unemployed and economically disadvantaged
individuals; they will create jobs and stimulate entrepreneurship; and
they will help restore the local tax revenue base to these communities;
(5) Enterprise Zones have been tested in 37 States since 1982 and have proven
to be successful, having generated capital investments in poor neighborhoods
in excess of $28,000,000,000 and having created more than 258,000 jobs; and
(6) Enterprise Zones have been endorsed by, among others, the National
Governors Association, the National Council of State Legislators, the
Council of Black State Legislators, the Conference of Mayors, and the
Conference of Black Mayors.
(b) SENSE OF THE SENATE- It is the sense of the Senate that--
(1) Enterprise Zones are a vital, proven tool for inner-city revitalization;
and
(2) Congress should adopt Federal enterprise zone legislation and that
such legislation should include the following provisions:
(A) Competitive designation which will maximize State and local
participation;
(B) Tax incentives addressing both capital and labor costs;
(C) Tax incentives aimed at attracting investment in small businesses; and
(D) Tax incentives to encourage the hiring and training of economically
disadvantaged individuals.
( 9 ) Page 3, after line 19, insert:

82070da8e12c692c3851c470f98fc197dc5ef257dfbc552a56070592feddebb7

Section 115 of title 23, United States Code, is amended--
(1) by striking the heading of subsection (a) and inserting the following
new heading: `Substitute, Congestion Mitigation and Air Quality Improvement,
Surface Transportation, Bridge, Planning, and Research Projects';
(2) in subsection (a)--
(A) by striking clause (i) of paragraph (1)(A) and inserting the following
new clause:
`(i) has obligated all funds apportioned or allocated to it under section
103(e)(4)(H), 104(b)(2), 104(b)(3), 104(f), 144, or 307 of this title, or';
(B) by striking subparagraph (A) of paragraph (2) and inserting the
following new subparagraph:
`(A) prior to commencement of the project the Secretary approves the project
in the same manner as the Secretary approves other projects, and'; and
(C) by striking paragraph (3);
(3) in the heading of subsection (b), by strking `PRIMARY' and inserting
`NATIONAL HIGHWAY SYSTEM';
(4) in paragraph (1) of subsection (b), by striking `Federal-aid primary
system' and inserting `National Highway System';
(5) in subsection (c), by striking `152'; and
(6) by striking subsection (d) of section 115 and inserting the following
new subsection:
`(d) LIMITATION ON ADVANCED FUNDING- The Secretary may not approve
an application under this section unless an authorization for section
103(e)(4), 104, 144, or 307 of this title, as the case may be, is in effect
for the fiscal year for which the application is sought beyond the currently
authorized funds for each State. No applications may be approved which
will exceed the State's expected apportionment of such authorizations.'.
( 10 ) Page 3, after line 19, insert:

02c9b52bf0f2ed1b918d83d91698144770c964a4b48653244c04eab2bdd6ebdb

It is the sense of the Senate that the Secretary of Education should utilize
the most recent satisfactory data available, including data contained
in the 1990 decennial census as compiled by the Bureau of the Census if
available, in making allocations under part A of chapter 1 of title I of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2711 et seq.).
( 11 ) Page 3, after line 19, insert:

27e99b142f5fbe1c37aaf5a14da542f06c445b768099e6425f917af80b87b03e

Section 131(n) of title 23, United States Code, is amended by adding at
the end the following new sentence `Funds apportioned to a State under
section 104 of this title shall not be treated for purposes of the preceding
sentence as being available to the State for making such a payment except
to the extent that the State, in its discretion, expends such funds for
such a payment.'.
( 12 ) Page 3, after line 19, insert:

c392cdee3e0111dad49590086dbb533d03e122098def55b01f7e6dc4db00ee64

CHARGES.
(a) None of the funds made available in this Act may be used to provide
any grant, loan, or other assistance to any person who--
(1) is under arrest for;
(2) is subject to a pending charge of committing; or
(3) is convicted of committing,
a riot-related crime in the City or County of Los Angeles, California,
during the period of unrest occurring April 29 through May 9, 1992. All
appropriate Federal agencies shall take the necessary actions to carry out
the provisions of this section.
(b) APPLICANTS CERTIFY- Any applicant for aid provided under this Act shall
certify to the Federal agency providing such aid that the applicant is
not a person described in subsection (a) or acting on behalf of such person.
(c) DEFINITION- For purposes of this section, the term `riot-related crime'
means any Federal or State offense committed in connection with rioting,
including murder, arson, looting, theft, assault, and vandalism.
( 13 ) Page 3, after line 19, insert:

65f15e91c2fabc7c89b7cad4edbe840f4af2ec075dfbc38fe2a326750b967d51

Notwithstanding any other provision of law, up to $5,000,000 of the funds
made available for foreign operations, export financing, and related programs
in Public Law 102-145, as amended by Public Laws 102-163 and 102-266, and
previous Acts making appropriations for foreign operations, export financing,
and related programs, shall be made available for humanitarian assistance to
Bosnia-Hercegovina: Provided, That such assistance may only be made available
through private voluntary organizations: Provided further, That funds made
available under this paragraph shall be made available only through the
regular notification procedures of the Committees on Appropriations.
( 14 ) Page 3, strike out all after line 19 over to and including line 2
on page 4, and insert:
This Act may be cited as the `Dire Emergency Supplemental Appropriations Act,
1992, for Disaster Assistance To Meet Urgent Needs Because of Calamities
Such as Those Which Occurred in Los Angeles and Chicago'.
Attest:
Secretary.
HR 5132 EAS----2

4e26b2f1161bc6ed214fcb12c5ea844c767615d0ed6a8ce15019b05ff5ab3af1

Dire Emergency Supplemental Appropriations Act, 1992, for Disaster Assistance To Meet Urgent Needs Because of Calamities Such as Those Which Occurred in Los Angeles and Chicago

Dire Emergency Supplemental Appropriations Act, 1992, for Disaster Assistance To Meet Urgent Needs Because of Calamities Such as Those Which Occurred in Los Angeles and Chicago

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