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[DOCID: f:h3579enr.txt]
H.R.3579
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
An Act
Making emergency supplemental appropriations for the fiscal year ending
September 30, 1998, 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, 1998, and for
other purposes, namely:
TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE DEPARTMENT OF
DEFENSE
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$184,000,000: Provided, That such amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$22,300,000: Provided, That such amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$5,100,000: Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$10,900,000: Provided, That such amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$4,100,000: Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$1,886,000: Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$48,100,000: Provided, That such amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $27,400,000: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $1,390,000: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $125,528,000, for emergency expenses resulting from natural
disasters in the United States: Provided, That the Secretary of Defense
may transfer these funds to current applicable operation and
maintenance and working capital funds appropriations, to be merged with
and available for the same purposes and for the same time period as the
appropriation to which transferred: Provided further, That the transfer
authority provided in this provision is in addition to any transfer
authority available to the Department of Defense: Provided further,
That the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent that an
official budget request for $125,528,000, 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, as
amended, is transmitted by the President to the Congress.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $650,000: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $229,000: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $175,000: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For an additional amount for ``Overseas Contingency Operations
Transfer Fund'', $1,814,100,000, to remain available until expended:
Provided, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the Secretary of Defense may transfer these funds to
fiscal year 1998 appropriations for operation and maintenance, working
capital funds, the Defense Health Program, procurement, and research,
development, test and evaluation: Provided further, That the funds
transferred shall be merged with and shall be available for the same
purposes and for the same time period as the appropriation to which
transferred, except that funds made available for or transferred to
classified programs shall remain available until September 30, 1999:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority contained in
Public Law 105-56.
REVOLVING AND MANAGEMENT FUNDS
Navy Working Capital Fund
For an additional amount for ``Navy Working Capital Fund'',
$23,017,000: Provided, That such amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Defense-Wide Working Capital Fund
For an additional amount for ``Defense-Wide Working Capital Fund'',
$1
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,000,000: Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,900,000: Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Section 1. In addition to the amounts provided in Public Law 105-
56, $36,500,000 is appropriated under the heading ``Overseas
Humanitarian, Disaster, and Civic Aid'': Provided, That from the funds
made available under that heading, the Secretary of Defense shall make
a grant in the amount of $16,500,000 to the American Red Cross for
Armed Forces emergency services: Provided further, That from the funds
made available under that heading, the Secretary of Defense shall make
a grant in the amount of $20,000,000 to the American Red Cross for
reimbursement for disaster relief and recovery expenditures at overseas
locations: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $36,500,000,
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, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of such Act.
Sec. 2. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed
to be specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414).
Sec. 3. In addition to the amounts appropriated to the Department
of Defense under Public Law 105-56, there is hereby appropriated
$47,000,000 for the ``Reserve Mobilization Income Insurance Fund'', to
remain available until expended: Provided, That such amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for $47,000,000, 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, as amended, is
transmitted by the President to the Congress.
Sec. 4. The President is urged to encourage other nations who are
allies and friends of the United States to contribute to the burden
being borne by the United States in preventing the government of Iraq
from using Weapons of Mass Destruction, which pose a threat to the
world community. The President is also urged to seek financial, in-kind
and other contributions to help defray the costs being incurred by the
United States in this operation. For this purpose, a special account
shall be established in the Treasury which will accept such financial
contributions, and from which funds will be subject to obligation
through the normal appropriations process. The Secretary of Defense,
after consultation with the Secretary of State, shall provide a report
to the Congress within 60 days after enactment as to the status of this
effort, and shall make a comprehensive account of the efforts made and
results obtained to share the burden of the common defense. The
Director of the Office of Management and Budget shall report to the
Congress within 30 days as to the establishment of such burden-sharing
account in the Department of the Treasury.
(including transfer of funds)
Sec. 5. (a) Quality Assurance Report on Military Health Care.--The
Secretary of Defense shall appoint an independent panel of experts to
evaluate recent measures taken by the Acting Assistant Secretary of
Defense for Health Affairs and the Surgeons General of the Army, Navy
and Air Force to improve the quality of care provided by the Military
Health Services System.
(b) Membership.--(1) The panel shall be composed of nine members
appointed by the Secretary of Defense. At least five of those members
shall be persons who are highly qualified in the medical arts, have
experience in setting health care standards, and possess a demonstrated
understanding of the military health care system and its unique mission
requirements. The remaining members shall be persons who are current
beneficiaries of the Military Health Services System.
(2) The Secretary shall designate one member to serve as
chairperson of the panel.
(3) The Secretary shall appoint the members of this panel not later
than 45 days after enactment of this Act.
(c) Functions of the Panel.--The panel shall review the Department
of Defense Access and Quality Improvement Initiative announced in early
1998 (together with other related quality improvement actions) to
assess whether all reasonable measures have been taken to ensure that
the Military Health Services System delivers health care services in
accordance with consistently high professional standards. The panel
shall specifically assess actions of the Department to accomplish the
following objectives of that initiative and related management actions:
(1) upgrade professional education and training requirements
for military physicians and other health care providers;
(2) establish ``Centers of Excellence'' for complicated
surgical procedures;
(3) make timely and complete reports to the National
Practitioner Data Bank and eliminate associated reporting backlogs;
(4) assure that Military Health Services System providers are
properly licensed and have appropriate credentials;
(5) reestablish the Quality Management Report to aid in early
identification of compliance problems;
(6) improve communications with beneficiaries to provide
comprehensive and objective information on the quality of care
being provided;
(7) strengthen the National Quality Management Program;
(8) ensure that all laboratory work meets professional
standards; and
(9) ensure the accuracy of patient data and information.
(d) Report.--Not later than six months after the date on which the
panel is established, the panel shall submit to the Secretary a report
setting forth its findings and conclusions, and the reasons therefor,
and such recommendations it deems appropriate. The Secretary shall
forward the report of the panel to Congress not later than 15 days
after the date on which the Secretary receives it, together with the
Secretary's comments on the report.
(e) Panel Administration.--(1) The members of the panel shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized by law for employees of agencies while away from their
homes or regular places of business in the performance of services for
the panel.
(2) Upon request of the chairperson of the panel, the Secretary of
Defense may detail to the panel, on a nonreimbursable basis, personnel
of the Department of Defense to assist the panel in carrying out its
duties. The Secretary of Defense shall furnish to the panel such
administrative and support services as may be requested by the chairman
of the panel.
(f) Panel Financing.--Of the funds appropriated in Public Law 105-
56 for ``Research, Development, Test and Evaluation, Navy'', $4,700,000
shall be transferred to ``Defense Health Program'', to be available
through fiscal year 1999, only for administrative costs of this panel
and for the express purpose of initiating or accelerating any activity
identified by the panel that will improve
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the quality of health care
provided by the Military Health Services System.
(TRANSFER OF FUNDS)
Sec. 6. Of the funds appropriated in Public Law 105-56, under the
heading ``Chemical Agents and Munitions Destruction, Defense'' for
Operation and maintenance, $40,000,000 shall be transferred to
``Operation and Maintenance, Defense-Wide''.
Sec. 7. (a) Congress urges the President to seek concurrence among
the members of the North Atlantic Treaty Organization (NATO) on
arrangements that set forth--
(1) the benchmarks for achieving a sustainable peace process
that are detailed in the report accompanying the certification that
was made by the President to Congress on March 3, 1998;
(2) estimated target dates for achieving the benchmarks; and
(3) a process for NATO to review progress toward achieving the
benchmarks.
(b) The President shall submit to Congress--
(1) not later than June 30, 1998, a report on efforts to gain
agreement on arrangements described in subsection (a), and such
report should include an explanation of the Administration's view
of whether it would promote United States interests to adopt firm
schedules or deadlines for achieving such benchmarks; and
(2) semiannually after that report, so long as United States
ground combat forces continue to participate in the Stabilization
Force for Bosnia (SFOR), a report on the progress made toward
achieving the benchmarks referred to in subsection (a)(1),
including any developments which may affect the ability of the
relevant parties to achieve the benchmarks in a timely manner.
(c) The Congress urges the President to ensure that efforts to meet
the estimated target dates described in this section do not jeopardize
the safety of United States Armed Forces in Bosnia.
(d) The enactment of this section does not reflect approval or
disapproval of the benchmarks submitted by the President in the
certification to Congress transmitted on March 3, 1998.
Sec. 8. Notwithstanding any other provision of law, in the case of
a person who is selected for training in a State program conducted
under the National Guard Challenge Program and who obtains a general
education diploma in connection with such training, the general
education diploma shall be treated as equivalent to a high school
diploma for purposes of determining the eligibility of the person for
enlistment in the Armed Forces.
Sec. 9. In addition to the amounts provided in Public Law 105-56,
$179,000,000 is appropriated under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'': Provided, That the additional
amount shall be made available for enhancements to selected theater
missile defense programs to counter enhanced ballistic missile threats:
Provided further, That of the additional amount appropriated,
$45,000,000 shall be made available only for the purpose of adjusting
the cost-share of the parties under the Agreement between the
Department of Defense and the Ministry of Defence of Israel for the
Arrow Deployability Program: Provided further, That of the additional
amount appropriated, $38,000,000 shall be made available only for the
Sea-Based Wide Area Defense (Navy Upper-Tier) Program: Provided
further, That the entire amount shall be available only to the extent
that an official budget request for $179,000,000, 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, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
Sec. 10. (a)(1) The Secretary of Defense may enter into a lease or
acquire any other interest in the parcels of land described in
paragraph (2). The parcels consist in aggregate of approximately 90
acres.
(2) The parcels of land referred to in paragraph (1) are the
following land used for the commercial production of cranberries:
(A) The parcels known as the Mashpee bogs, located on the
Quashnet River adjacent to the Massachusetts Military Reservation,
Massachusetts.
(B) The parcels known as the Falmouth bogs, located on the
Coonamessett River adjacent to the Massachusetts Military
Reservation, Massachusetts.
(3) The term of any lease or other interest acquired under
paragraph (1) may not exceed two years.
(4) Any lease or other real property interest acquired under
paragraph (1) shall be subject to such other terms and conditions as
are agreed upon jointly by the Secretary and the person or entity
entering into the lease or extending the interest.
(b) Of the amounts appropriated or otherwise made available for the
Department of Defense for fiscal year 1998, up to $2,000,000 may be
available to acquire interest under subsection (a).
Sec. 11. In addition to the amounts provided in Public Law 105-56,
$272,500,000 is appropriated under the heading ``Aircraft Procurement,
Navy'': Provided, That the additional amount shall be made available
only for the procurement of eight F/A-18 aircraft for the United States
Marine Corps: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
$272,500,000, 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, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
Sec. 12. Funds appropriated in fiscal year 1997, 1998 and hereafter
for the Pacific Disaster Center may be obligated to carry out such
missions as the Secretary of Defense may specify for disaster
information management supporting mitigation, preparedness, response
and recovery from this Federal facility and assuring critical
infrastructure availability and humanitarian assistance at the Federal,
State, local and regional levels in the geographic area of
responsibility of the Commander in Chief, Pacific and beyond in support
of the Global Disaster Information Network as appropriate.
(including transfer of funds)
Sec. 13. Of the funds provided in Public Law 105-56 for ``Research,
Development, Test and Evaluation, Navy'', $300,000 shall be transferred
to ``Operation and Maintenance, Defense-Wide'': Provided, That the
Secretary of Defense shall make grants from the ``Operation and
Maintenance, Defense-Wide'' account in the total amount of not to
exceed $300,000 to the Outdoor Odyssey at Roaring Run to initiate a
youth development and leadership program.
Sec. 14. Notwithstanding section 7306 of title 10 United States
Code, and any other provision of law, of the funds made available to
the Department of the Navy by Public Law 105-56, $3,000,000 may be used
only for disposal of residual fuel contained on the U.S.S. Alabama.
Sec. 15. Notwithstanding any other provision of law, funds
appropriated for the Defense Health Program for fiscal year 1998 may be
used to provide health benefits under section 1086 of title 10, United
States Code, to a person who is described in paragraph (1) of
subsection (d) of such section, would be eligible for health benefits
under such section in the absence of such paragraph (1), and satisfies
the requirements of subparagraphs (A) and (B) of paragraph (2) of such
subsection (d), if the Secretary of Defense considers that the
provision of health benefits under such section is appropriate to
ensure health care coverage for such a person who may have been unaware
of the termination of the person's eligibility for such health
benefits.
(INCLUDING TRANSFER OF FUNDS)
Sec. 16. In addition to the amounts provided in Public Law 105-56,
$28,000,000, to rem
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ain available until expended, is appropriated and
shall be available for deposit in the International Trust Fund of the
Republic of Slovenia, Mine Clearance, and Assistance to Mine Victims in
Bosnia and Herzegovina (the ``Fund'') and other land mine-affected
countries in the region: Provided, That the entire amount shall be
available only to the extent an official budget request, for a specific
dollar amount, that includes a designation of the entire amount as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted to the Congress
by the President: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of such Act: Provided further, That the amount
designated as an emergency shall be transferred to the Department of
State for administration: Provided further, That such amount may be
deposited in the Fund in two equal annual installments, upon emergency
designation, only if the President certifies annually to the Congress
of the United States that such amounts could be used effectively and
for objectives consistent with ongoing efforts to carry out
humanitarian demining activities in and around Bosnia: Provided
further, That such amount may be deposited in the Fund only to the
extent of deposits of matching amounts in that Fund by other
governments, entities, or persons.
Sec. 17. It is the sense of the Congress that none of the funds
appropriated or otherwise made available by this Act may be made
available for the conduct of offensive operations by United States
Armed Forces against Iraq for the purpose of obtaining compliance by
Iraq with United Nations Security Council Resolutions relating to
inspection and destruction of weapons of mass destruction in Iraq
unless such operations are specifically authorized by a law enacted
after the date of the enactment of this Act.
Sec. 18. Cavalese, Italy Air Tragedy.--The United States Congress
expresses regret and extends its deepest sympathies to the families of
the victims for the tragic incident involving Marine Corps aircraft
near Cavalese, Italy on February 3, 1998. The Secretary of Defense
shall make available on a timely basis all legal and other technical
assistance necessary to facilitate the expeditious processing and
resolution of legitimate claims for wrongful death, loss of business
and profits, and property damage under the procedures set forth under
the NATO Status of Forces Agreement. The Secretary of Defense shall
ensure that any claim to replace the destroyed funicular system before
the upcoming winter tourist season be considered on a priority basis.
CHAPTER 2
DEPARTMENT OF DEFENSE--MILITARY CONSTRUCTION
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'' to cover costs arising from storm related damage, $3,700,000,
to be available only to the extent that 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, as amended, is
transmitted by the President to the Congress: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Family Housing, Navy and Marine Corps
For an additional amount for ``Family Housing, Navy and Marine
Corps'' to cover costs arising from Typhoon Paka related damage,
$15,600,000: Provided, That such amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
For an additional amount for ``Family Housing, Navy and Marine
Corps'' to cover costs arising from El Nino related damage, $2,500,000,
to be available only to the extent that 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, as amended, is
transmitted by the President to the Congress: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Family Housing, Air Force
For an additional amount for ``Family Housing, Air Force'' to cover
costs arising from Typhoon Paka related damage, $1,500,000: Provided,
That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
For an additional amount for ``Family Housing, Air Force'' to cover
costs arising from El Nino related damage, $900,000, to be available
only to the extent that 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, as amended, is transmitted
by the President to the Congress: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Base Realignment and Closure Account, Part III
For an additional amount for ``Base Realignment and Closure
Account, Part III'' to cover costs arising from El Nino related damage,
$1,020,000, to be available only to the extent that 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, as
amended, is transmitted by the President to the Congress: Provided,
That the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISION--THIS CHAPTER
Sec. 20. Notwithstanding any other provision of law, using amounts
appropriated in Public Law 104-196 for ``Military Construction, Navy'',
for the military construction project for North Island Naval Air
Station, California, and contributions (if any) provided by the State
of California and local governments to support that project, the
Secretary of the Navy, in cooperation with local governments, shall
carry out beach replenishment in connection with that project using
sand obtained from any location. The contributions (if any) provided by
the State of California and local governments shall be available only
for beach replenishment activities performed after the date of the
enactment of this Act.
TITLE II--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
agricultural credit insurance fund program account
For additional gross obligations for the principal amount of
emergency insured loans authorized by 7 U.S.C. 1928-1929, to be
available from funds in the Agricultural Credit Insurance Fund, for
losses in fiscal year 1998 resulting from natural disasters,
$87,400,000.
For the additional cost of emergency insured loans, including the
cost of modifying loans as defined in section 502 of the Congressional
Budget Act of 1974, $21,000,000, to remain available until expended:
Provided, That the entire amount shall be available only to the extent
that an official budget request for $21,000,000, that includes
designation of the entire amount of the request as an emergency
require
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ment as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
EMERGENCY CONSERVATION PROGRAM
For an additional amount for the ``Emergency Conservation Program''
for expenses resulting from natural disasters, $30,000,000, to remain
available until expended: Provided, That the entire amount shall be
available only to the extent that an official budget request for
$30,000,000, 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, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
For an additional amount for the ``Emergency Conservation Program''
to provide cost-sharing assistance to maple producers to replace taps
and tubing that were damaged by ice storms in northeastern States in
1998, $4,000,000, to remain available until expended: Provided, That
the entire amount shall be available only to the extent that an
official budget request for $4,000,000, 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, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
tree assistance program
An amount of $14,000,000 is provided for assistance to replace or
rehabilitate trees, excluding trees used for pulp and/or timber, and
vineyards damaged by natural disasters: Provided, That the entire
amount shall be available only to the extent that an official budget
request for $14,000,000, 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, as amended, is
transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
Commodity Credit Corporation Fund
LIVESTOCK DISASTER ASSISTANCE PROGRAM
Effective only for losses incurred beginning on November 27, 1997,
through the date of enactment of this Act, $4,000,000 to implement a
livestock indemnity program to compensate producers for losses of
livestock (including ratites) due to natural disasters designated
pursuant to a Presidential or Secretarial declaration requested during
such a period in a manner similar to catastrophic loss coverage
available for other commodities under 7 U.S.C. 1508(b): Provided, That
the entire amount shall be available only to the extent that an
official budget request for $4,000,000, 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, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
dairy production disaster assistance program
Effective only for natural disasters beginning on November 27,
1997, through the date of enactment of this Act, $6,800,000 to
implement a dairy production indemnity program to compensate producers
at a payment rate of $4.00 per hundredweight for losses of milk that
had been produced but not marketed or for diminished production
(including diminished future production due to mastitis) due to natural
disasters designated pursuant to a Presidential or Secretarial
declaration requested during such period: Provided, That payments for
diminished production shall be determined on a per head basis derived
from a comparison to a like production period from the previous year,
the disaster period is 180 days starting with the date of the disasters
and the payment rate shall be $4.00 per hundredweight of milk: Provided
further, That the entire amount shall be available only to the extent
that an official budget request for $6,800,000, 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, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
Natural Resources Conservation Service
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ``Watershed and Flood Prevention
Operations'' to repair damages to the waterways and watersheds
resulting from natural disasters, $80,000,000, to remain available
until expended: Provided, That the entire amount shall be available
only to the extent that an official budget request for $80,000,000,
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, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of such Act.
CHAPTER 2
United States Information Agency
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $5,000,000, to remain available until September 30, 1999,
for a grant to Radio Free Europe/Radio Liberty for surrogate radio
broadcasting to the Iraqi people: Provided, That such broadcasting
shall be designated ``Radio Free Iraq'': Provided further, That within
30 days of enactment into law of this Act the Broadcasting Board of
Governors shall submit a detailed report to the appropriate committees
of Congress on plans to establish a surrogate broadcasting service to
Iraq: Provided further, That such amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only to the
extent that 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, as amended, is transmitted by the
President to Congress.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
Operation and Maintenance, General
For emergency repairs due to flooding and other natural disasters,
$105,185,000, to remain available until expended, of which such amounts
for eligible navigation projects which may be derived from the Harbor
Maintenance Trust Fund pursuant to Public Law 99-662, shall be derived
from that Fund: Provided, That the entire amount shall be available
only to the extent 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, as amended, is transmitted by
the President to Congress: Provided further, That the entire amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emerge
2000
ncy Deficit Control Act
of 1985, as amended.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Water and Related Resources
For an additional amount for ``Water and Related Resources'' to
repair damage caused by floods and other natural disasters, $4,520,000,
to remain available until expended, which shall be available only to
the extent that 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, as amended, is transmitted by the
President to Congress: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
CHAPTER 4
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
construction
For an additional amount for ``Construction'', $1,837,000, to
remain available until expended, to repair damage caused by floods and
other natural disasters: Provided, That the entire amount shall be
available only to the extent that an official budget request that
includes designation of the entire amount as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
United States Fish and Wildlife Service
Construction
For an additional amount for ``Construction'', $32,818,000, to
remain available until expended, to repair damage caused by floods and
other natural disasters: Provided, That of such amount, $29,130,000
shall be available only to the extent that an official budget request
that includes designation of the entire amount as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
National Park Service
Construction
For an additional amount for ``Construction'' to repair damage
caused by floods and other natural disasters, $9,506,000, to remain
available until expended: Provided, That the entire amount shall be
available only to the extent that an official budget request that
includes designation of the entire amount as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of such
Act.
United States Geological Survey
Surveys, Investigations, and Research
For an additional amount for ``Surveys, Investigations, and
Research'' for emergency expenses resulting from floods and other
natural disasters, $1,198,000, to remain available until expended:
Provided, That the entire amount shall be available only to the extent
that an official budget request that includes designation of the entire
amount as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
Bureau of Indian Affairs
construction
For an additional amount for ``Construction'', $1,065,000, to
remain available until expended, of which $700,000 is to repair damage
caused by floods and other natural disasters, and $365,000 is for
replacement of fixtures and testing for and remediation of
Polylchlorinated biphenyls (PCBs) in Bureau of Indian Affairs schools
and administrative facilities: Provided, That the entire amount shall
be available only to the extent that an official budget request that
includes designation of the entire amount as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
DEPARTMENT OF AGRICULTURE
Forest Service
State and Private Forestry
For an additional amount for ``State and Private Forestry'' for
emergency expenses resulting from damages from ice storms, tornadoes
and other natural disasters, $48,000,000, to remain available until
expended: Provided, That of such amount, $28,000,000 shall be available
only to the extent that an official budget request that includes
designation of the entire amount as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
National Forest System
For an additional amount for the ``National Forest System'' for
emergency expenses resulting from damages from ice storms, tornadoes
and other natural disasters, $10,461,000, to remain available until
expended: Provided, That of such amount, $5,461,000 shall be available
only to the extent that an official budget request that includes
designation of the entire amount as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
wildland fire management
For an additional amount for ``Wildland Fire Management'' for
emergency expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
and for emergency rehabilitation of burned-over National Forest System
lands, in response to damages caused by windstorms in Texas,
$2,000,000, to remain available until expended: Provided, That the
entire amount shall be available only to the extent that an official
budget request that includes designation of the entire amount as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
DEPARTMENT OF ENERGY
Strategic Petroleum Reserve
The paragraph under this heading in Public Law 105-83 is amended by
inserting before the period ``: Provided further, That the drawdown and
sale of oil from the Strategic Petroleum Reserve shall be prohibited
2000
to
the extent that such actions are determined by the President to be
imprudent in light of current market conditions and that an official
budget request for a prohibition of the drawdown and sale of oil from
the Strategic Petroleum Reserve and including a designation of the
entire request and the $207,500,000 of revenue foregone as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act''.
CHAPTER 5
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Federal-aid Highways
emergency relief program
(highway trust fund)
For an additional amount for the Emergency Relief Program for
emergency expenses resulting from floods and other natural disasters,
as authorized by 23 U.S.C. 125, $259,000,000, to be derived from the
Highway Trust Fund and to remain available until expended: Provided,
That the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That of such amount, $35,000,000 shall be available only to the extent
that 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 such Act is transmitted by the
President to the Congress: Provided further, That any obligations for
the Emergency Relief Program shall not be subject to the prohibition
against obligations in section 2(e)(3)(A) and (D) of the Surface
Transportation Extension Act of 1997: Provided further, That 23 U.S.C.
125(b)(1) shall not apply to projects resulting from flooding during
the fall of 1997 through the winter of 1998 in California: Provided
further, That if sufficient carryover balances for the necessary
expenses for administration and operation (including motor carrier
safety program operations) of the Federal Highway Administration, the
National Highway Traffic Safety Administration, and the Bureau of
Transportation Statistics are not available, and pending the
reauthorization of the Federal-aid highways program, the Secretary of
Transportation may borrow such sums as may be necessary for such
expenses from the unobligated balances of discretionary allocations for
the Federal-aid highways program made available by this Act.
Federal Railroad Administration
emergency railroad rehabilitation and repair
For necessary expenses to repair and rebuild freight rail lines of
regional and short line railroads or a State entity damaged by floods
that occurred between and including September 1996 and March 1998,
$9,800,000, to be awarded to the States subject to the discretion of
the Secretary on a case-by-case basis: Provided, That funds provided
under this heading shall be available for rehabilitation of railroad
rights-of-way, bridges, and other facilities which are part of the
general railroad system of transportation, and primarily used by
railroads to move freight traffic: Provided further, That railroad
rights-of-way, bridges, and other facilities owned by class I railroads
are not eligible for funding under this heading unless the rights-of-
way, bridges, or other facilities are under contract lease to a class
II or class III railroad under which the lessee is responsible for all
maintenance costs of the line: Provided further, That railroad rights-
of-way, bridges, and other facilities owned by passenger railroads, or
by tourist, scenic, or historic railroads are not eligible for funding
under this heading: Provided further, That these funds shall be
available only to the extent an official budget request, for a specific
dollar amount, that includes designation of the entire amount as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended: Provided further, That all funds made available
under this heading are to remain available until September 30, 1998.
CHAPTER 6
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development block grants
For an additional amount for ``Community development block
grants'', as authorized under title I of the Housing and Community
Development Act of 1974, $130,000,000, which shall remain available
until September 30, 2001, for use only for disaster relief, long-term
recovery, and mitigation in communities affected by Presidentially-
declared natural disasters designated during fiscal year 1998, except
for those activities reimbursable by or for which funds are made
available by the Federal Emergency Management Agency, the Small
Business Administration, or the Army Corps of Engineers: Provided, That
in administering these amounts and except as provided in the next
proviso, the Secretary of Housing and Urban Development (the Secretary)
may waive or specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in connection with
the obligation by the Secretary or the use by the recipient of these
funds, except for statutory requirements related to civil rights, fair
housing and nondiscrimination, the environment, and labor standards,
upon a finding that such waiver is required to facilitate the use of
such funds and would not be inconsistent with the overall purpose of
the statute: Provided further, That the Secretary may waive the
requirements that activities benefit persons of low- and moderate-
income, except that at least 50 percent of the funds under this heading
must benefit primarily persons of low- and moderate-income unless the
Secretary makes a finding of compelling need: Provided further, That
all funds under this heading shall be allocated by the Secretary to
States to be administered by each State in conjunction with its Federal
Emergency Management Agency program or its community development block
grants program or by the entity designated by its Chief Executive
Officer to administer the HOME Investment Partnerships Program:
Provided further, That each State shall provide not less than 25
percent in non-Federal public matching funds or its equivalent value
(other than administrative costs) for any funds allocated to the State
under this heading: Provided further, That, in conjunction with the
Director of the Federal Emergency Management Agency, the Secretary
shall allocate funds based on the unmet needs identified by the
Director as those which have not or will not be addressed by other
Federal disaster assistance programs: Provided further, That, in
conjunction with the Director, the Secretary shall utilize annual
disaster cost estimates in order that the funds under this heading
shall be available, to the maximum extent feasible, to assist States
with all Presidentially declared disasters designated during this
fiscal year: Provided further, That the Secretary shall publish a
notice in the Federal Register governing the allocation and use of the
community development block grants funds made available under this
heading for disaster areas: Provided further, That 10 days prior to
distribution of funds, the Secretary and the Director shall submit a
list to the House and Senate Appropriations Subcommittees on VA, HUD
and Independent Agencies, setting forth the proposed uses of funds and
the most recent estimates of unmet needs (including all us
2000
es of waivers
and the reasons therefore): Provided further, That the Secretary and
the Director shall submit quarterly reports to the Subcommittees
regarding the actual projects, localities and needs for which funds
have been provided: Provided further, That these reports shall be based
upon quarterly reports submitted to HUD and the Director by each State
receiving funds under this heading: Provided further, That the entire
amount 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 by the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
INDEPENDENT AGENCY
Federal Emergency Management Agency
disaster relief
For an additional amount for ``Disaster relief'', $1,600,000,000,
to remain available until expended: Provided, That these funds shall be
available only to the extent that an official budget request for a
specific 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, as amended, is transmitted
by the President to Congress: Provided further, That the entire amount
appropriated herein is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
CHAPTER 7
RESCISSIONS
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the unobligated balances authorized under 49 U.S.C. 48103 as
amended, $241,000,000 are rescinded.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
Section 8 Reserve Preservation Account
(rescission)
Of the amounts recaptured under this heading during fiscal year
1998 and prior years, $2,347,190,000 are rescinded.
TITLE III--SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Office of the Secretary
During fiscal year 1998, not to exceed $543,000 from funds
available to the Secretary of Agriculture to provide compensation to
agriculture producers and other persons under section 105(b) of the
Federal Plant Pest Act (7 U.S.C. 150dd(b)) may be available for
payments to any person who had wheat stored in a storage facility that
was subject to an emergency action notice issued by the Secretary
relating to the presence or presumed presence of Karnal bunt to
compensate the person for economic losses incurred as a result of the
effect of the notice on the operation of the storage facility
(including wheat plowed under in calendar year 1996) after issuance of
an emergency action notice due to Karnal bunt. The determination by the
Secretary of the amount of any compensation to be paid under this
section shall be final.
Departmental Administration
For an additional amount for ``Departmental Administration'',
$2,000,000.
Office of the General Counsel
For an additional amount for the ``Office of the General Counsel'',
$235,000.
Grain Inspection, Packers and Stockyards Administration
Inspection and Weighing Services
For expenses necessary to recapitalize the revolving fund
established under section 7(j)(1) of the United States Grain Standards
Act (7 U.S.C. 79(j)(1)), $1,500,000.
Farm Service Agency
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
For additional gross obligations for the principal amount of direct
and guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be
available from funds in the Agricultural Credit Insurance Fund, as
follows: farm ownership loans, $43,320,000, of which $25,000,000 shall
be available for guaranteed loans; operating loans, $105,000,000, of
which $35,000,000 shall be for subsidized guaranteed loans; and for
boll weevil eradication program loans as authorized by 7 U.S.C. 1989,
$18,814,000.
For the additional cost of direct and guaranteed loans, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership loans,
$3,356,000, of which $967,000 shall be for guaranteed loans; operating
loans, $7,973,000, of which $3,374,000 shall be for subsidized
guaranteed loans; and for boll weevil eradication program loans as
authorized by 7 U.S.C. 1989, $222,000.
Food Stamp Program
Of the amounts made available under this heading in Public Law 105-
86, funds for employment and training shall remain available until
expended as authorized by section 16(h)(1) of the Food Stamp Act.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
For an additional amount for ``Salaries and expenses'' from fees
collected pursuant to section 736 of the Federal Food, Drug, and
Cosmetic Act, not to exceed $25,918,000, to remain available until
expended: Provided, That fees derived from applications received during
fiscal year 1998 shall be credited to the appropriation current in the
year in which fees are collected and subject to the fiscal year 1998
limitation.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1001. Notwithstanding any other provision of law, permanent
employees of county committees employed during fiscal year 1998
pursuant to 8(b) of the Soil Conservation and Domestic Allotment Act
(16 U.S.C. 590h(b)) shall be considered as having Federal Civil Service
status only for the purpose of applying for United States Department of
Agriculture Civil Service vacancies.
Sec. 1002. Notwithstanding any other provision of law regarding a
competitive research, education, or extension grant program of the
Department of Agriculture, the Secretary may use grant program funds,
as necessary, to supplement funds otherwise available for program
administration, to pay for the costs associated with peer review of
grant proposals under the program.
CHAPTER 2
DEPARTMENT OF ENERGY
Departmental Administration
Such additional amounts as necessary, not to exceed $5,408,000, to
cover increases in the estimated amount of cost of Work For Others
notwithstanding the provisions of the Anti-Deficiency Act (31 U.S.C.
1511 et seq.): Provided, That such increases in cost of Work For Others
are offset by revenue increases of the same or greater amount derived
from fees authorized by sections 31 and 33 of the Atomic Energy Act of
1954 (42 U.S.C. 2051 and 2053), to remain available until expended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2001. Notwithstanding any other provisions of law, no fully
allocated funding policy shall be applied to projects for which funds
were identified in the Conference Report (House Report 105-271)
accompanying the Energy and Water Development Appropriations Act, 1998,
Public Law 105-62 (111 Stat. 1320 et seq.), under the Construction,
General; Operation and Maintenance, General; and Flood Control,
Mississippi River and Tributaries, appropriation accounts: Provided,
That the Secretary of the Army, acting through the Chief of Engineers,
is directed to undertake these
2000
projects using continuing contracts, as
authorized in section 10 of the Rivers and Harbors Act of September 22,
1922 (33 U.S.C. 621).
Sec. 2002. The Secretary of the Army, acting through the Chief of
Engineers, is directed to use available funds, up to the maximum amount
authorized per project under section 205 of the Flood Control Act of
1948, as amended, to provide a level of enhanced flood protection at
Elba, Alabama.
Sec. 2003. Section 2 of the Emergency Drought Relief Act of 1996
(Public Law 104-318; 110 Stat. 3862) is amended by adding at the end
the following new section:
``(c) Extension of Periods for Repayment.--Notwithstanding any
provision of the Reclamation Project Act of 1939 (43 U.S.C. 485 et
seq.), the Secretary of the Interior--
``(1) shall extend the period for repayment by the City of
Corpus Christi, Texas, and the Nueces River Authority under
contract No. 6-07-01-x0675, relating to the Nueces River
reclamation project, Texas, until--
``(A) August 1, 2029 for repayment pursuant to the
municipal and industrial water supply benefits portion of the
contract; and
``(B) until August 1, 2044 for repayment pursuant to the
fish and wildlife and recreation benefits portion of the
contract; and
``(2) shall extend the period for repayment by the Canadian
River Municipal Water Authority under contract No. 14-06-500-485
relating to the Canadian River reclamation project, Texas, until
October 1, 2021.''.
Sec. 2004. Section 303 of the Energy and Water Development
Appropriations Act, 1998 (Public Law 105-62), does not apply to the
worker transition plan for the Pinellas Plant site.
CHAPTER 3
DEPARTMENT OF THE INTERIOR
National Park Service
operation of the national park system
For an additional amount for ``Operation of the National Park
System'', $340,000, to remain available until expended, to provide for
public access at Katmai National Park and Preserve and for litigation
costs related to the disposition of an allotment within the Park.
Minerals Management Service
Royalty and Offshore Minerals Management
For an additional amount for ``Royalty and Offshore Minerals
Management'' to meet increased demand and workload requirements
stemming from higher than anticipated leasing activity in the Gulf of
Mexico, $6,675,000, to remain available until expended, to be derived
from increased receipts resulting from increases to rates in effect on
August 5, 1993, from rate increases to fee collections for Outer
Continental Shelf administrative activities performed by the Minerals
Management Service over and above the rates in effect on September 30,
1993, and from additional fees for Outer Continental Shelf
administrative activities established after September 30, 1993.
Office of Surface Mining Reclamation and Enforcement
Abandoned Mine Reclamation Fund
(transfer of funds)
For an additional amount for the ``Abandoned Mine Reclamation
Fund'', $3,163,000, to be derived by transfer from amounts available in
Public Law 105-83 under the heading, ``Regulation and Technology'', and
to be subject to the same terms and conditions of the account to which
transferred.
Bureau of Indian Affairs
Operation of Indian Programs
For an additional amount for ``Operation of Indian Programs'',
$1,050,000, to remain available until expended, for the cost of
document collection and production, including electronic imaging,
required to support litigation involving individual Indian trust fund
accounts.
Office of Special Trustee for American Indians
Federal Trust Programs
For an additional amount for ``Federal Trust Programs'',
$4,650,000, to remain available until expended, for the cost of
document collection and production, including electronic imaging,
required to support litigation involving individual Indian trust fund
accounts.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
INDIAN HEALTH SERVICES
For an additional amount for ``Indian Health Services'', $100,000,
to remain available until expended, for suicide prevention counseling.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 3001. Section 330C(c) of subpart I of part D of title III of
the Public Health Service Act (42 U.S.C. 254b et seq.), as amended by
section 4922 of Public Law 105-33, is further amended by inserting ``,
to remain available until expended,'' after the words ``fiscal years
1998 through 2002, $30,000,000''.
Sec. 3002. Construction of the Trappers Loop connector road, and
any related actions, by any Federal or state agency or other entity are
deemed to be non-discretionary actions authorized and directed by
Congress under title III, section 304(e)(3) of the Omnibus Parks and
Public Lands Management Act of 1996 (110 Stat. 4093).
Sec. 3003. Neither the issuance by the United States of an easement
on and across National Forest lands for the Boulder City Pipeline (also
known as Lakewood Pipeline) nor the acceptance of such easement by the
City of Boulder, Colorado, nor the relocation of such pipeline on such
easement, shall cause, be construed as, or result in the abandonment,
termination, relinquishment, revocation, limitation, or diminution of
any rights claimed by such city pursuant to or as a result of any prior
grant, including the Act of July 26, 1866 (43 U.S.C. 661) and the Acts
authorizing the conveyance of such city of the Silver Lake Watershed.
The alignment of the relocated pipeline shall be considered neither
more nor less within the scope of any prior grants than the alignment
of the pipeline existing prior to the issuance of such easement.
Sec. 3004. Notwithstanding any other provision of law, the
Secretary of the Interior, through the Bureau of Indian Affairs, may
hereafter directly transfer to Indian tribes in North and South Dakota
portable housing units at the Grand Forks Air Force Base in North
Dakota that have been declared excess by the Department of Defense and
requested for transfer by the Department of the Interior: Provided,
That the Department of the Interior shall not be responsible for
rehabilitation of the portable housing units or remediation of any
potentially hazardous substances.
Sec. 3005. Petroglyph National Monument. (a) Short Title.--This
section may be cited as the ``Petroglyph National Monument Boundary
Adjustment Act''.
(b) Findings.--Congress finds that--
(1) the purposes for which Petroglyph National Monument
(referred to in this section as ``the monument'') was established
continue to be valid;
(2) it is of mutual benefit to the trustee institutions of the
New Mexico State Trust lands and the National Park Service for land
exchange negotiations to be completed with all due diligence,
resulting in the transfer of all State Trust lands within the
boundaries of the monument to the United States in accordance with
State and Federal law;
(3) because the city of Albuquerque, New Mexico, has acquired
substantial acreage within the monument boundaries, purchased with
State and municipal funds, the consolidation of land ownership and
jurisdiction under the National Park Service will require the
consent of the city of Albuquerque, and options for National Park
Service acquisition that are not currently available;
(4) corridors for the development of Paseo del Norte and Unser
Boulevard are depicted on the map referred to in section 102(a) of
the Petroglyph National Monument Establishment Act of 1990 (Public
Law 101-313; 16 U.S.C. 431 note), and the alignment of the roadways
was anticipated by Congress before the date of enactment
2000
of the
Act;
(5) it was the expectation of the principal proponents of the
monument, including the cities of Albuquerque and Rio Rancho, New
Mexico, and the National Park Service, that passage of the
Petroglyph National Monument Establishment Act of 1990 (Public Law
101-313; 16 U.S.C. 431 note) would allow the city of Albuquerque--
(A) to utilize the Paseo del Norte and Unser Boulevard
corridors through the monument; and
(B) to design and construct infrastructure within the
corridors with the cultural and natural resources of the
monument in mind;
(6) the city of Albuquerque has not provided for the
establishment of rights-of-way for the Paseo del Norte and Unser
Boulevard corridors under the Joint Powers Agreement (JPANO 78-
521.81-277A), which expanded the boundary of the monument to
include the Piedras Marcadas and Boca Negra units, pursuant to
section 104 of the Petroglyph National Monument Establishment Act
of 1990 (Public Law 101-313; 16 U.S.C. 431 note);
(7) the National Park Service has identified the realignment of
Unser Boulevard, depicted on the map referred to in section 102(a)
of the Petroglyph National Monument Establishment Act of 1990
(Public Law 101-313; 16 U.S.C. 431 note), as serving a park purpose
in the General Management Plan/Development Concept Plan for
Petroglyph National Monument;
(8) the establishment of a citizens' advisory committee prior
to construction of the Unser Boulevard South project, which runs
along the eastern boundary of the Atrisco Unit of the monument,
allowed the citizens of Albuquerque and the National Park Service
to provide significant and meaningful input into the parkway design
of the road, and that similar proceedings should occur prior to
construction within the Paseo del Norte corridor;
(9) parkway standards approved by the city of Albuquerque for
the construction of Unser Boulevard South along the eastern
boundary of the Atrisco Unit of the monument would be appropriate
for a road passing through the Paseo del Norte corridor;
(10) adequate planning and cooperation between the city of
Albuquerque and the National Park Service is essential to avoid
resource degradation within the monument resulting from storm water
runoff, and drainage conveyances through the monument should be
designed and located to provide sufficient capacity for effective
runoff management; and
(11) the monument will best be managed for the benefit and
enjoyment of present and future generations with cooperation
between the city of Albuquerque, the State of New Mexico, and the
National Park Service.
(c) Planning Authority.--
(1) Storm water drainage.--Not later than 180 days after the
date of enactment of this Act, the Secretary of the Interior,
acting through the Director of the National Park Service (referred
to in this section as the ``Secretary''), and the city of
Albuquerque, New Mexico, shall enter into negotiations to provide
for the management of storm water runoff and drainage within the
monument, including the design and construction of any storm water
corridors, conveyances, and easements within the monument
boundaries.
(2) Road design.--
(A) If the city of Albuquerque decides to proceed with the
construction of a roadway within the area excluded from the
monument by the amendment made by subsection (d), the design
criteria shall be similar to those provided for the Unser
Boulevard South project along the eastern boundary of the
Atrisco Unit, taking into account topographic differences and
the lane, speed and noise requirements of the heavier traffic
load that is anticipated for Paseo del Norte, as referenced in
section A-2 of the Unser Middle Transportation Corridor Record
of Decision prepared by the city of Albuquerque dated December
1993.
(B) At least 180 days before the initiation of any road
construction within the area excluded from the monument by the
amendment made by subsection (d), the city of Albuquerque shall
notify the Director of the National Park Service (hereinafter
``the Director''), who may submit suggested modifications to
the design specifications of the road construction project
within the area excluded from the monument by the amendment
made by subsection (d).
(C) If after 180 days, an agreement on the design
specifications is not reached by the city of Albuquerque and
the Director, the city may contract with the head of the
Department of Civil Engineering at the University of New
Mexico, to design a road to meet the design criteria referred
to in subparagraph (A). The design specifications developed by
the Department of Civil Engineering shall be deemed to have met
the requirements of this paragraph, and the city may proceed
with the construction project, in accordance with those design
specifications.
(d) Acquisition Authority; Boundary Adjustment; Administration and
Management of the Monument.--
(1) Acquisition authority.--Section 103(a) of the Petroglyph
National Monument Establishment Act of 1990 (Public Law 101-313; 16
U.S.C. 431 note) is amended--
(A) by striking ``(a) The Secretary'' and inserting the
following:
``(a) Authority.--
``(1) In general.--Subject to paragraph (2), the Secretary'';
(B) by striking ``, except that lands or interests therein
owned by the State or a political subdivision thereof may be
acquired only by donation or exchange''; and
(C) by adding at the end the following:
``(2) Land owned by the state or a political subdivision.--No
land or interest in land owned by the State or a political
subdivision of the State may be acquired by purchase before--
``(A) the State or political subdivision holding title to
the land or interest in land identifies the land or interest in
land for disposal; and
``(B)(i) all private land within the monument boundary for
which there is a willing seller is acquired; or
``(ii) 2 years have elapsed after the date on which the
Secretary has made a final offer (for which funds are
available) to acquire all remaining private land at fair
market value.''.
(2) Boundary adjustment.--Section 104(a) of the Petroglyph
National Monument Establishment Act of 1990 (Public Law 101-313; 16
U.S.C. 431 note) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) by inserting ``(1)'' after ``(a)''; and
(C) by adding at the end the following:
``(2)(A) Notwithstanding paragraph (1), effective as of the date of
enactment of this subparagraph--
``(i) the boundary of the monument is adjusted to exclude the
Paseo Del Norte corridor in the Piedras Marcadas Unit described in
Exhibit B of the document described in subparagraph (B); and
``(ii) the inclusion of the Paseo Del Norte corridor within the
boundary of the monument before the date of enactment of this
paragraph shall have no effect on any future ownership, use, or
management of the corridor.
``(B) The document described in this subparagraph is the document
entitled `Petroglyph National Monument Roadway/Utility Corridors',
dated October 30, 1997, on file with the Secretary of the Interior and
the mayor of the city of Albuquerque, New Mexico.''.
(e) Administration and management of the monument.--Section 105 of
the Petroglyph National Monument Establishment Act of 1990 (Public Law
101-31
2000
3; 16 U.S.C. 431 note) is amended by adding at the end the
following:
``(f) Boca Negra and Piedras Marcadas Units.--If the binding
agreement providing for the expansion of the monument pursuant to
section 104 is amended, in accordance with the terms of the agreement,
to transfer to the National Park Service responsibility for operation,
maintenance, and repair of any or all property within the Boca Negra or
Piedras Marcadas Unit of the monument, the Secretary may employ, at a
comparable grade and salary within the National Park Service, any
willing employees of the city assigned to the Unit.''.
(f) Double Eagle II Airport Access Road.--The Administrator of the
Federal Aviation Administration shall allow the use of the access road
to the Double Eagle II Airport in existence on the date of enactment of
this Act for visitor access to the monument.
Sec. 3006. County Payment Mitigation--Transportation System
Moratorium. (a)(1) This section provides compensation for loss of
revenues that would have been provided to counties if no road
moratorium, as described in subsection (a)(2), were implemented or no
substitute sales offered as described in subsection (b)(1). This
section does not endorse or prohibit the road building moratorium nor
does it affect the applicability of existing law to any moratorium.
(2) The Chief of the Forest Service, Department of Agriculture, in
his sole discretion, may offer any timber sales that were scheduled
October 1, 1997, or thereafter, to be offered in fiscal year 1998 or
fiscal year 1999 even if such sales would have been delayed or halted
as a result of any moratorium (resulting from the Federal Register
proposal of January 28, 1998, pages 4351-4354) on construction of roads
in roadless areas within the National Forest System adopted as policy
or by regulation that would otherwise be applicable to such sales.
(3) Any sales offered pursuant to subsection (a)(2) shall--
(A) comply with all applicable laws and regulations and be
consistent with applicable land and resource management plans,
except any regulations or plan amendments which establish or
implement the moratorium referred to in subsection (a)(2); and
(B) be subject to administrative appeals pursuant to part 215
of title 36 of the Code of Federal Regulations and to judicial
review.
(b)(1) For any previously scheduled sales that are not offered
pursuant to subsection (a)(2), the Chief may, to the extent
practicable, offer substitute sales within the same State in fiscal
year 1998 or fiscal year 1999. Such substitute sales shall be subject
to the requirements of subsection (a)(3).
(2)(A) The Chief shall pay as soon as practicable after fiscal year
1998 and fiscal year 1999 to any State in which sales previously
scheduled to be offered that are referred to in, but not offered
pursuant to, subsection (a)(2) would have occurred, 25 percent of any
anticipated receipts from such sales that--
(i) were scheduled from fiscal year 1998 or fiscal year 1999
sales in the absence of any moratorium referred to in subsection
(a)(2); and
(ii) are not offset by revenues received in such fiscal years
from substitute projects authorized pursuant to subsection (b)(1).
(B) After reporting the amount of funds required to make any
payments required by subsection (b)(2)(A), and the source from which
such funds are to be derived, to the Committees on Appropriations of
the House of Representatives and the Senate, the Chief shall make any
payments required by subsection (b)(2)(A) from any funds available to
the Forest Service in fiscal year 1998 or fiscal year 1999, subject to
approval of the Committees on Appropriations of the House of
Representatives and the Senate, that are not specifically earmarked for
another purpose by the applicable appropriation Act or a committee or
conference report thereon.
(C) Any State which receives payments required by subsection
(b)(2)(A) shall expend such funds only in the manner, and for the
purposes, prescribed in section 500 of title 16, United States Code.
(c)(1) During the term of the moratorium referred to in subsection
(a)(2), the Chief shall prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
on each of the following--
(A) a study of whether standards and guidelines in existing
land and resource management plans compel or encourage entry into
roadless areas within the National Forest System for the purpose of
constructing roads or undertaking any other ground-disturbing
activities;
(B) an inventory of all roads within the National Forest System
and the uses which they serve, in a format that will inform and
facilitate the development of a long-term Forest Service
transportation policy; and
(C) a comprehensive and detailed analysis of the economic and
social effects of the moratorium referred to in subsection (a)(2)
on county, State, and regional levels.
Sec. 3007. Provision of Certain Health Care Services for Alaska
Natives.--Section 203(a) of the Michigan Indian Land Claims Settlement
Act (Public Law 105-143; 111 Stat. 2666) is amended--
(1) by inserting ``other than community based alcohol
services,'' after ``Ketchikan Gateway Borough,''; and
(2) by inserting at the end the following new sentence:
``Notwithstanding any other provision of law, such contract or
compact shall provide services to all Indian and Alaska Native
beneficiaries of the Indian Health Service in the Ketchikan Gateway
Borough without the need for resolutions of support from any Indian
tribe as defined in the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)).''.
Sec. 3008. Section 326(a) of the Act making Appropriations for the
Department of the Interior and related agencies for the fiscal year
ending September 30, 1998 and for other purposes (Public Law 105-83;
111 Stat. 1543) is amended by striking ``with any Alaska Native village
or Alaska Native village corporation'' and inserting ``to any Indian
tribe as defined in the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e))''.
Sec. 3009. None of the funds in this or any other Act shall be used
to issue a notice of final rulemaking prior to October 1, 1998 with
respect to the valuation of crude oil for royalty purposes, including
without limitation a rulemaking derived from proposed rules published
in 63 Federal Register 6113 (1998), 62 Federal Register 36030, and 62
Federal Register 3742 (1997).
CHAPTER 4
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH, AND TRAINING
For an additional amount for the Centers for Disease Control and
Prevention, ``disease control, research, and training'', $9,000,000.
Health Care Financing Administration
Program Management
For an additional amount for ``Program management'', $2,200,000.
Title II of Public Law 105-78 is amended under this heading by
striking the fourth proviso and inserting the following new proviso:
``Provided further, That $20,000,000 appropriated under this heading
for the transition to a single Part A and Part B processing system and
$20,000,000 to be used only to the extent needed for Year 2000 century
date change conversion requirements of external contractor systems
shall remain available until expended:''.
Office of the Secretary
General Departmental Management
Of the funds appropriated under the heading ``general departmental
management'' in Public Law 105-78 to carry out title XX of the Public
Health Service Act, $10,831,000 shall be for activities specified under
section 2003(b)(2), of which $9,131,000 shall be for prevention service
demonstration grants under section 510(b)(2) of title V of
2000
the Social
Security Act, as amended, without application of the limitation of
section 2010(c) of said title XX.
DEPARTMENT OF EDUCATION
Special Education
Public Law 105-78, under the heading ``special education'' is
amended by inserting before the period the following: ``: Provided
further, That $600,000 of the funds provided under section 672 of the
Act shall be for the Early Childhood Development Project of the
National Easter Seal Society for the Mississippi Delta Region, which
funds shall be used to provide training, technical support, services,
and equipment to address personnel and other needs''.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4001. (a) If a State child health plan under title XXI of the
Social Security Act is approved on or after October 1, 1998, and before
October 1, 1999, for purposes of such title (including allotments under
section 2104(b) of such title) the plan shall be treated as having been
approved with respect to amounts allotted under such title for fiscal
year 1998, as well as for fiscal year 1999.
(b) The appropriation in section 2104(a)(1) of such title for
fiscal year 1998 shall remain available to be obligated through
September 30, 1999.
Sec. 4002. Notwithstanding any other provision of law, the
Department of Health and Human Services shall permit the submission of
public comments until August 31, 1998, on the final rule entitled
``Organ Procurement and Transplantation Network'' published by the
Department in the Federal Register on April 2, 1998 (63 Fed. Reg. 16295
et seq.), and such rule shall not become effective before October 1,
1998, after the end of such comment period.
CHAPTER 5
LEGISLATIVE BRANCH
CONGRESSIONAL OPERATIONS
HOUSE OF REPRESENTATIVES
Payments to Widows and Heirs of Deceased Members of Congress
For payment to Lois G. Capps, widow of Walter H. Capps, late a
Representative of the State of California, $133,600.
For payment to Mary Bono, widow of Sonny Bono, late a
Representative of the State of California, $136,700.
ARCHITECT OF THE CAPITOL
Capitol Buildings and Grounds
capitol buildings
salaries and expenses
For an additional amount for ``Capitol Buildings Salaries and
Expenses'', $7,500,000, to remain available until expended, to begin
repairs and rehabilitation of the Capitol dome: Provided, That this
additional amount shall be available for obligation without regard to
section 3709 of the Revised Statutes, as amended.
capitol grounds
(including transfer of funds)
For necessary expenses for the design, installation and maintenance
of the Capitol Square perimeter security plan, $20,000,000 (of which
not to exceed $4,000,000 shall be transferred upon request of the
Capitol Police Board to the Capitol Police Board, ``Capitol Police'',
``General Expenses'' for physical security measures associated with the
Capitol Square perimeter security plan) to remain available until
expended, subject to the review and approval by the appropriate House
and Senate authorities: Provided, That this additional amount shall be
available for obligation without regard to section 3709 of the Revised
Statutes, as amended.
CHAPTER 6
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
AMTRAK REFORM COUNCIL
For necessary expenses of the Amtrak Reform Council, including the
independent assessment of Amtrak, authorized under sections 202, 203,
and 409 of Public Law 105-134, $2,450,000, to remain available until
September 30, 1999: Provided, That not to exceed $400,000 shall be
transferred to the Department of Transportation Inspector General for
the new responsibilities associated with section 409(c) of Public Law
105-134.
Federal Aviation Administration
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For an additional amount for ``Facilities and Equipment'' for
expenses relating to Year 2000 computer hardware and software problems,
$25,000,000, to remain available until September 30, 1999.
Research and Special Programs Administration
RESEARCH AND SPECIAL PROGRAMS
For an additional amount for emergency transportation activities,
$1,000,000, to remain available until expended: Provided, That of these
funds, $400,000 shall be available only for costs associated with
construction and establishment of an emergency transportation response
center in Arab, Alabama, $550,000 shall be available only for costs
associated with purchase and establishment of a mobile emergency
response system to be administered jointly by the Alabama Department of
Transportation and the Alabama Emergency Management Agency, and $50,000
shall be for Research and Special Programs Administration
administrative costs associated with these projects.
RELATED AGENCY
National Transportation Safety Board
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses resulting from the crash of TWA Flight 800,
$5,400,000: Provided, That the entire amount is available only for
costs associated with rental of the facility in Calverton, New York, of
which not to exceed $500,000 is for security expenses: Provided
further, That no funds or unobligated balances are available to provide
for or permit flight operations at the Calverton airfield.
GENERAL PROVISION--THIS CHAPTER
Sec. 6001. Of the balances available to the Federal Transit
Administration from previous appropriations Acts, $1,000,000 shall be
made available for a comprehensive transportation investment analysis
of the primary urban corridor from Ewa to east Honolulu, Hawaii:
Provided, That these funds shall remain available until September 30,
2001.
CHAPTER 7
DEPARTMENT OF THE TREASURY
Automation Enhancement
Year 2000 Century Date Change Conversion
For necessary expenses of the Department of the Treasury for Year
2000 century date change conversion requirements, $35,500,000, to
remain available until September 30, 2000.
Financial Management Service
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'', for Year
2000 century date change conversion requirements, $5,300,000, to remain
available until September 30, 2000.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 7001. Federal Employee Voluntary Early Retirement. (a) Civil
Service Retirement System.--Effective for purposes of the period
beginning on the date of enactment of this Act and ending on September
30, 1999, paragraph (2) of section 8336(d) of title 5, United States
Code, shall be applied as if it had been amended to read as follows:
``(2)(A) has been employed continuously, by the agency in which
the employee is serving, for at least the 31-day period ending on
the date on which such agency requests the determination referred
to in subparagraph (D);
``(B) is serving under an appointment that is not time limited;
``(C) has not been duly notified that such employee is to be
involuntarily separated for misconduct or unacceptable performance;
``(D) is separated from the service voluntarily during a period
in which, as determined by the Office of Personnel Management (upon
request of the agency) under regulations prescribed by the Office--
``(i) such agency (or, if applicable, the component in
which the employee is serving) is undergoing a ma
2000
jor
reorganization, a major reduction in force, or a major transfer
of function; and
``(ii) a significant percentage of the employees serving in
such agency (or component) will be separated or subject to an
immediate reduction in the rate of basic pay (without regard to
subchapter VI of chapter 53, or comparable provisions); and
``(E) as determined by the agency under regulations prescribed
by the Office, is within the scope of the offer of voluntary early
retirement, which may be made on the basis of--
``(i) one or more organizational units;
``(ii) one or more occupational series or levels;
``(iii) one or more geographical locations;
``(iv) other similar nonpersonal factors the Office
determines appropriate; or
``(v) any appropriate combination of such factors;''.
(b) Federal Employees' Retirement System.--Effective for purposes
of the period beginning on the date of enactment of this Act and ending
on September 30, 1999, subparagraph (B) of section 8414(b)(1) of title
5, United States Code, shall be applied as if it had been amended to
read as follows:
``(B)(i) has been employed continuously, by the agency in which
the employee is serving, for at least the 31-day period ending on
the date on which such agency requests the determination referred
to in clause (iv);
``(ii) is serving under an appointment that is not time
limited;
``(iii) has not been duly notified that such employee is to be
involuntarily separated for misconduct or unacceptable performance;
``(iv) is separated from the service voluntarily during a
period in which, as determined by the Office of Personnel
Management (upon request of the agency) under regulations
prescribed by the Office--
``(I) such agency (or, if applicable, the component in
which the employee is serving) is undergoing a major
reorganization, a major reduction in force, or a major transfer
of function; and
``(II) a significant percentage of the employees serving in
such agency (or component) will be separated or subject to an
immediate reduction in the rate of basic pay (without regard to
subchapter VI of chapter 53, or comparable provisions); and
``(v) as determined by the agency under regulations prescribed
by the Office, is within the scope of the offer of voluntary early
retirement, which may be made on the basis of--
``(I) one or more organizational units;
``(II) one or more occupational series or levels;
``(III) one or more geographical locations;
``(IV) other similar nonpersonal factors the Office
determines appropriate; or
``(V) any appropriate combination of such factors;''.
Sec. 7002. Notwithstanding section 2164 of title 10, United States
Code, the Department of Defense shall permit the two dependent children
of deceased United States Customs Senior Special Agent Manuel Zurita
attending the Antilles Consolidated School System at Fort Buchanan,
Puerto Rico, to complete their primary and secondary education at this
school system without cost to such children or any parent, relative, or
guardian of such children. The United States Customs Service shall
reimburse the Department of Defense for reasonable educational expenses
to cover these costs.
CHAPTER 8
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
COMPENSATION AND PENSIONS
For an additional amount for ``Compensation and pensions'',
$550,000,000, to remain available until expended.
INDEPENDENT AGENCIES
Environmental Protection Agency
state and tribal assistance grants
Notwithstanding any other provision of law, eligible recipients of
the funds appropriated to the Environmental Protection Agency in the
State and Tribal Assistance Grants account since fiscal year 1997 and
hereafter for multi-media or single media grants, other than
Performance Partnership Grants authorized pursuant to Public Law 104-
134 and Public Law 105-65, for pollution prevention, control, and
abatement and related activities have been and shall be those entities
eligible for grants under the Agency's organic statutes.
Administrative provision
No requirements set forth in any carbon monoxide Federal
implementation plan (FIP) that are based on the Clean Air Act as in
effect prior to the 1990 amendments to such Act may be imposed in the
State of Arizona.
National Aeronautics and Space Administration
human space flight
(TRANSFER OF FUNDS)
The Administrator of the National Aeronautics and Space
Administration shall transfer from amounts made available for NASA in
Public Law 105-65 under the heading, ``Mission support'', $53,000,000
to ``Human space flight'' for Space Station activities, to be merged
with and to be available for the same purposes of such account:
Provided, That the total amount available for Space Station activities
in fiscal year 1998 shall be up to $2,441,300,000.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 8001. Section 206 of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1998 (Public Law 105-65; October 27, 1997) is amended by inserting
the following before the final period: ``, and for loans and grants for
economic development in and around 18th and Vine''.
Sec. 8002. Housing Opportunities for Persons with AIDS. (a)
Notwithstanding any other provision of law, with respect to the amount
allocated for fiscal year 1998, and the amounts that would otherwise be
allocated for fiscal year 1999, to the City of Philadelphia,
Pennsylvania on behalf of the Philadelphia, PA-NJ Primary Metropolitan
Statistical Area (in this section referred to as the ``metropolitan
area''), under section 854(c) of the AIDS Housing Opportunity Act (42
U.S.C. 12903(c)), the Secretary of Housing and Urban Development shall
adjust such amounts by allocating to the State of New Jersey the
proportion of the metropolitan area's amount that is based on the
number of cases of AIDS reported in the portion of the metropolitan
area that is located in New Jersey.
(b) The State of New Jersey shall use amounts allocated to the
State under this section to carry out eligible activities under section
855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the
portion of the metropolitan area that is located in New Jersey.
Sec. 8003. Ratification of Internet Intellectual Infrastructure
Fee. (a) The 30 percent portion of the fee charged by Network
Solutions, Inc. between September 14, 1995 and March 31, 1998 for
registration or renewal of an Internet second-level domain name, which
portion was to be expended for the preservation and enhancement of the
intellectual infrastructure of the Internet under a cooperative
agreement with the National Science Foundation, and which portion was
held to have been collected without authority in William Thomas et al.
v. Network Solutions, Inc. and National Science Foundation, Civ. No.
97-2412, is hereby legalized and ratified and confirmed as fully to all
intents and purposes as if the same had, by prior Act of Congress, been
specifically authorized and directed.
(b) The National Science Foundation is authorized and directed to
deposit all money remaining in the Internet Intellectual Infrastructure
Fund into the Treasury and credit that amount to its Fiscal Year 1998
Research and Related Activities appropriation to be available until
expended for the support of networking activities, including the Next
Generation Internet.
CHAPTER 9
RESCISSIONS AND OFFSET
2000
DEPARTMENT OF AGRICULTURE
Agricultural Research Service
(Rescission)
Of the funds made available under this heading in Public Law 105-
86, $223,000 are rescinded.
Animal and Plant Health Inspection Service
salaries and expenses
(Rescission)
Of the funds made available under this heading in Public Law 105-
86, $350,000 are rescinded.
Agricultural Marketing Service
marketing services
(rescission)
Of the funds made available under this heading in Public Law 105-
86, $25,000 are rescinded.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 105-
86, $38,000 are rescinded.
Food Safety and Inspection Service
(rescission)
Of the funds made available under this heading in Public Law 105-
86, $502,000 are rescinded.
Farm Service Agency
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 105-
86, $1,080,000 are rescinded.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(rescission)
Of the funds made available for the cost of the unsubsidized
guaranteed operating loans under this heading in Public Law 105-86,
$8,273,000 are rescinded.
Natural Resources Conservation Service
conservation operations
(rescission)
Of the funds made available under this heading in Public Law 105-
86, $378,000 are rescinded.
Rural Housing Service
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 105-
86, $846,000 are rescinded.
food program administration
(rescission)
Of the funds made available under this heading in Public Law 105-
86, $114,000 are rescinded.
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Management of Lands and Resources
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $1,188,000 are rescinded.
Oregon and California Grant Lands
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $2,500,000 are rescinded.
United States Fish and Wildlife Service
Resource Management
(rescission)
Of the funds made available under this heading in Public Law 105-
18, $250,000 are rescinded.
construction
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $1,188,000 are rescinded.
National Park Service
Construction
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $1,638,000 are rescinded.
Bureau of Mines
Mines and Minerals
(rescission)
The following amounts, totaling $1,605,000, are rescinded from
funds made available under this heading: in Public Law 103-332,
$1,255,000; in Public Law 103-138, $60,000; in Public Law 102-381,
$173,000; and in Public Law 102-154, $117,000.
Bureau of Indian Affairs
Construction
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $837,000 are rescinded.
DEPARTMENT OF AGRICULTURE
Forest Service
Forest and Rangeland Research
(rescission)
Of the funds made available under this heading in Public Law 105-
83, $148,000 are rescinded.
State and Private Forestry
(rescission)
Of the funds made available under this heading in Public Law 105-
83, $59,000 are rescinded.
National Forest System
(rescission)
Of the funds made available under this heading in Public Law 105-
83, $1,094,000 are rescinded.
Wildland Fire Management
(rescission)
Of the funds made available under this heading in Public Law 105-
83, $148,000 are rescinded.
Reconstruction and Construction
(rescission)
Of the funds made available under this heading in Public Law 105-
83, $30,000 are rescinded.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health professions education fund
(rescission)
Of the funds made available under the Health Professions Education
Fund appropriation account, $11,200,000 are rescinded.
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
PAYMENTS TO AIR CARRIERS
(RESCISSION)
Of the funds made available under this heading in Public Law 101-
516 and subsequently obligated, $2,500,000 shall be deobligated and are
hereby rescinded.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the budgetary resources provided for ``Small Community Air
Service'' by Public Law 101-508 for fiscal years prior to fiscal year
1998, $3,000,000 are rescinded.
Federal Aviation Administration
Facilities, Engineering, and Development
(rescission)
Of the funds made available under this heading in previous
appropriations Acts, $500,000 are rescinded.
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the unobligated balances authorized under 49 U.S.C. 48103 as
amended, $54,000,000 are rescinded.
Federal Railroad Administration
Conrail Labor Protection
(rescission)
Of the funds made available under this heading in previous
appropriations Acts, $508,234 are rescinded.
DEPARTMENT OF THE TREASURY
United States Customs Service
Salaries and Expenses
(rescission)
Of the funds made available under this heading in Public Law 104-
208, as amended by Public Law 105-18, $6,000,000 are rescinded.
operations and maintenance, customs p-3 drug interdiction program
(rescission)
Of the funds made available under this heading in Public Law 102-
393, $4,470,000 are rescinded.
Internal Revenue Service
Information Technology Investments
(rescission)
Of the funds made available under this heading in Public Law 105-
61, $30,330,000 are rescinded.
GENERAL PROVISION--THIS CHAPTER
Sec. 9001. None of the funds appropriated or otherwise made
available in Public Law 105-86 shall be used to pay the salaries and
expenses of personnel to carry out a conservation farm op
2000
tion program
as authorized by section 335 of Public Law 104-127 in excess of
$11,000,000.
GENERAL PROVISIONS--THIS TITLE
Sec. 10001. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 10002. None of the funds appropriated or otherwise made
available in this or any prior Act may be obligated or expended by the
Patent and Trademark Office to plan for the lease of new facilities
until 30 days after the submission of a report, to be delivered not
later than May 15, 1998, to the Committees on Appropriations, on the
space plans and detailed cost estimate for the build-out of the new
facilities: Provided, That such funds shall be made available only in
accordance with section 605 of Public Law 105-119.
Sec. 10003. Section 203 of the National Sea Grant College Program
Act (33 U.S.C. 1122) is amended by--
(1) striking paragraph (5) and redesignating paragraphs (6)
through (17) as paragraphs (5) through (16);
(2) redesignating subparagraphs (C) through (F) of paragraph
(7), as redesignated, as subparagraphs (D) through (G); and
(3) inserting after subparagraph (B) of paragraph (7), as
redesignated, the following:
``(C) Lake Champlain (to the extent that such resources
have hydrological, biological, physical, or geological
characteristics and problems similar or related to those of the
Great Lakes);''.
Sec. 10004. (a) Any agency listed in section 404(b) of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1998, Public Law 105-119, may transfer any
amount to the Department of State, subject to the limitations of
subsection (b) of this section, for the purpose of making technical
adjustments to the amounts transferred by section 404 of such Act.
(b) Funds transferred pursuant to subsection (a) shall not exceed
$12,000,000, of which not to exceed $3,500,000 may be transferred from
the United States Information Agency, of which not to exceed $3,600,000
may be transferred from the Defense Intelligence Agency, of which not
to exceed $1,600,000 may be transferred from the Defense Security
Assistance Agency, of which not to exceed $900,000 may be transferred
from the Peace Corps, and of which not to exceed $500,000 may be
transferred from any other single agency listed in section 404(b) of
Public Law 105-119.
(c) A transfer of funds pursuant to this section shall not require
any notification or certification to Congress or any committee of
Congress, notwithstanding any other provision of law.
Sec. 10005. Section 584 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997 (Public Law
104-208; 110 Stat. 3009-171) is amended--
(1) in subsection (a)--
(A) by striking ``For purposes'' and inserting
``Notwithstanding any other provision of law, for purposes'';
and
(B) by striking ``fiscal year 1997'' and inserting ``fiscal
years 1998 and 1999''; and
(2) by amending subsection (b) to read as follows:
``(b) Aliens Covered.--
``(1) In general.--An alien described in this subsection is an
alien who--
``(A) is the son or daughter of a qualified national;
``(B) is 21 years of age or older; and
``(C) was unmarried as of the date of acceptance of the
alien's parent for resettlement under the Orderly Departure
Program.
``(2) Qualified national.--For purposes of paragraph (1), the
term `qualified national' means a national of Vietnam who--
``(A)(i) was formerly interned in a reeducation camp in
Vietnam by the Government of the Socialist Republic of Vietnam;
or
``(ii) is the widow or widower of an individual described
in clause (i); and
``(B)(i) qualified for refugee processing under the
reeducation camp internees subprogram of the Orderly Departure
Program; and
``(ii) on or after April 1, 1995, is accepted--
``(I) for resettlement as a refugee; or
``(II) for admission as an immigrant under the Orderly
Departure Program.''.
Sec. 10006. The President shall instruct the United States
Representatives to the World Trade Organization to seek the adoption of
procedures that will ensure broader application of the principles of
transparency and openness in the activities of the organization,
including by urging the World Trade Organization General Council to--
(1) permit appropriate meetings of the Council, the Ministerial
Conference, dispute settlement panels, and the Appellate Body to be
made open to the public; and
(2) provide for timely public summaries of the matters
discussed and decisions made in any closed meeting of the
Conference or Council.
district of columbia chief of police
Sec. 10007. (a) Employment Contract.--Paragraph 2 of section 1 of
the Act entitled ``An Act relating to the Metropolitan police of the
District of Columbia'', approved February 28, 1901 (D.C. Code, sec. 4-
104), and any other provision of law affecting the employment of the
Chief of the Metropolitan Police Department of the District of Columbia
shall not apply to the Chief of the Department to the extent that such
paragraph or provision is inconsistent with the terms of an employment
agreement entered into between the Chief, the Mayor of the District of
Columbia, and the District of Columbia Financial Responsibility and
Management Assistance Authority.
(b) Appointment and Removal During Control Year.--
(1) Appointment.--During a control year, the Chief of the
Metropolitan Police Department of the District of Columbia shall be
appointed by the Mayor of the District of Columbia as follows:
(A) Prior to appointment, the District of Columbia
Financial Responsibility and Management Assistance Authority
(hereafter in this subsection referred to as the ``Authority'')
may submit recommendations for the appointment to the Mayor.
(B) In consultation with the Authority and the Council of
the District of Columbia, the Mayor shall nominate an
individual for appointment and notify the Council of the
nomination.
(C) After the expiration of the 7-day period which begins
on the date the Mayor notifies the Council of the nomination
under subparagraph (B), the Mayor shall notify the Authority of
the nomination.
(D) The nomination shall be effective subject to approval
by a majority vote of the Authority.
(2) Removal.--During a control year, the Chief of the
Metropolitan Police Department of the District of Columbia may be
removed by the Authority or by the Mayor with the approval of the
Authority.
(3) Control year defined.--In this subsection, the term
``control year'' has the meaning given such term in section 305(4)
of the District of Columbia Financial Responsibility and Management
Assistance Act of 1995.
(c) Effective Date.--This section shall be effective as of April
21, 1998.
Sec. 10008. Support for Democratic Opposition in Iraq.
Notwithstanding any other provision of law, of the funds made available
under the heading ``Economic Support Fund'' in Public Law 105-118,
$5,000,000 shall be made available for assistance to the Iraqi
democratic opposition for such activities as organization, training,
communication and dissemination of information, developing and
implementing agreements among opposition groups, compiling information
to support the indictment of Iraqi officials for war crimes, and for
related purposes: Provided, That within 30 days of enactment into law
of this Act the Secretary of State shall submit a detailed report to
the appropriate committees of Congress on plan
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s to establish a program
to support the democratic opposition in Iraq.
This Act may be cited as the ``1998 Supplemental Appropriations and
Rescissions Act''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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