Volume 106 · 248
Public Law 102–302
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.
Approved June 22, 1992
Statutory text
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1992, and for other purposes, namely:
Small Business Administration disaster loans program account For an additional amount for the cost of direct loans, $169,650,000, to remain available until expended, of which $50,895,000 shall be available only to the extent that a Presidential designation of a specific dollar amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985 is transmitted to the Congress, to subsidize additional gross obligations for the principal amount of direct loans not to exceed $500,000,000, and in addition, for administrative expenses to carry out the disaster loan program, an additional $25,000,000, 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)), $70,325,000, to remain available until expended, and in addition, for administrative expenses to carry out the Business Loan Program, an additional $2,000,000, 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. In addition, 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 Congress hereby designates these amounts as emergency requirements for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF JUSTICE Federal Bureau of Investigation salaries and expenses The language under this heading in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1992 (Public Law 102–140; 105 Stat. 788–789), is amended by deleting the following: “of which not to exceed $500,000 is authorized to be made available for making payments or advances for expenses arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to terrorism and drug investigations”, and inserting in lieu thereof: “of which not to exceed $5,000,000 is authorized to be made available for making payments or advances for expenses arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to terrorism, violent crime and drug investigations”. Federal Emergency Management Agency disaster relief For emergency disaster assistance payments necessary to provide for expenses in presidentially-declared disasters under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, an additional amount for “Disaster relief”, $300,000,000, to remain available until expended: Provided, That Congress hereby designates this amount as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. disaster assistance direct loan program account The limitation on direct loans in the current fiscal year for the “Disaster assistance direct loan program account” is increased, within existing funds, by $22,000,000 to not exceed $28,000,000.
DEPARTMENT OF LABOR Employment and Training Administration training and employment services For an additional amount for “Training and Employment Services,” $500,000,000, 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 July 1, 1992: Provided further, That the Secretary, to the extent practicable consistent with the preceding proviso, shall utilize the 1990 census data in allocating the funds appropriated herein: Provided further, That, for the purposes of this Act, of the funds appropriated herein, the first $100,000,000 will be made available by the Secretary to the service delivery areas containing the seventy-five 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: 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 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 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. 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. sense of the senate with respect to federal enterprise zones (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 business; and (D) Tax incentives to encourage the hiring and training of economically disadvantaged individuals.
DEPARTMENT OF TRANSPORTATION Federal Transit Administration For fiscal years 1992 and 1993, funds provided under section 9 of the Federal Transit Act shall be exempt from requirements for any non-Federal share, in the same manner as specified in section 1054 of Public Law 102–240.
GENERAL PROVISIONS
SEC. 101. EMERGENCY RELIEF.
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”.
SEC. 102. RURAL AGRICULTURAL DISASTERS.
Findings.—
Congress finds that—
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;
repeated operating losses due to natural disasters have placed agricultural producers in financial stress and have caused increased loan delinquencies to agricultural lenders;
the economics of communities in affected areas have been depressed as a result of crop failures; and
the matter under the heading “Commodity Credit Corporation” of chapter III of title I of Public Law 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.
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.
SEC. 103. TECHNICAL CORRECTIONS.
Section 115 of title 23, United States Code, is amended—
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”;
in subsection (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”;
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
by striking paragraph (3);
in the heading of subsection (b), by striking “Primary” and inserting “National Highway System”;
in paragraph (1) of subsection (b), by striking “Federal-aid primary system” and inserting “National Highway System”;
in subsection (c), by striking “152”; and
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.”.
SEC. 104. CONTROL OF OUTDOOR ADVERTISING.
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.”.
SEC. 105.
None of the funds made available in this Act may be used to provide any grant, loan, or other assistance to any person who is convicted of committing a riot-related crime of violence in the City or County of Los Angeles, California, during the period of unrest occurring April 29 through May 9, 1992.
None of the funds made available in this Act may be used to provide any grant, loan, or other assistance to any person who—
is under arrest for, or
is subject to a pending charge of committing a riot-related crime of violence in the City or County of Los Angeles, California, during the period of unrest occurring April 29 through May 9, 1992: Provided, That the prohibition on the use of funds in (b) shall not apply if a period of 90 days or more has elapsed from the date of such person being arrested for or charged with such crime: Provided further, That should such person be convicted of a riot-related crime of violence cited in (a) and (b), such person shall provide to the agency or agencies Which provided such assistance, payments equivalent to the amount of assistance provided.
All appropriate Federal agencies shall take the necessary actions to carry out the provisions of this section.
Applicant Certification.—
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.
Definition.—
For purposes of this section, the term “riot-related crime of violence” means any State or Federal offense as defined in section 16 of title 18, United States Code.
SEC. 106. HUMANITARIAN ASSISTANCE TO BOSNIA-HERCEGOVINA.
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, the United Nations and other international and nongovernmental 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.
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”.
Approved June 22, 1992.