II

Calendar No. 326

105TH CONGRESS

2D SESSION S. 1768

[Report No. 105–168]

Making emergency supplemental appropriations for recovery from natural

disasters, and for overseas peacekeeping efforts, for the fiscal year ending

September 30, 1998, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 17, 1998

Mr. STEVENS, from the Committee on Appropriations, reported the following

original bill, which was read twice and placed on the calendar

A BILL

Making emergency supplemental appropriations for recovery

from natural disasters, and for overseas peacekeeping

efforts, for the fiscal year ending September 30, 1998,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for re5 covery from natural disasters, and for overseas peacekeep-
2

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1 ing efforts, for the fiscal year ending September 30, 1998,

2 and for other purposes, namely:

3 TITLE I—EMERGENCY SUPPLEMENTAL APPRO4 PRIATIONS FOR RECOVERY FROM NATURAL

5 DISASTERS, AND FOR OVERSEAS PEACE6 KEEPING EFFORTS, FOR THE FISCAL YEAR

7 ENDING SEPTEMBER 30, 1998, AND FOR

8 OTHER PURPOSES

9 CHAPTER 1

10 SUBCOMMITTEE ON AGRICULTURE, RURAL

11 DEVELOPMENT, AND RELATED AGENCIES

12 DEPARTMENT OF AGRICULTURE

13 DEPARTMENTAL ADMINISTRATION

14 For an additional amount for ‘‘Departmental Admin15 istration’’, $2,000,000.

16 OFFICE OF THE GENERAL COUNSEL

17 For an additional amount for the ‘‘Office of the Gen18 eral Counsel’’, $235,000.

19 FARM SERVICE AGENCY

20 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

21 ACCOUNT

22 For an additional amount for the ‘‘Agricultural Cred23 it Insurance Fund Program Account’’, for the cost of di24 rect and guaranteed loans authorized by 7 U.S.C. 1928–

25 1929, including the cost of modifying such loans as de-
3

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1 fined in section 502 of the Congressional Budget Act of

2 1974, as follows: farm ownership loans, $3,574,197, of

3 which $966,197 shall be for guaranteed loans; and direct

4 operating loans, $3,162,000.

5 For an additional amount for the ‘‘Agricultural Cred6 it Insurance Fund Program Account’’ for the cost of emer7 gency insured loans authorized by 7 U.S.C. 1928–29, in8 cluding the cost of modifying such loans as defined in sec9 tion 502 of the Congressional Budget Act of 1974, for

10 losses resulting from ice storms, flooding, tornadoes and

11 other natural disasters, $21,000,000, to remain available

12 until expended: Provided, That the entire amount shall be

13 available only to the extent that an official budget request

14 for $21,000,000, that includes designation of the entire

15 amount of the request as an emergency requirement as

16 defined in the Balanced Budget and Emergency Deficit

17 Control Act of 1985, as amended, is transmitted by the

18 President to the Congress: Provided further, That the en19 tire amount is designated by the Congress as an emer20 gency requirement pursuant to section 251(b)(2)(A) of

21 such Act.

22 EMERGENCY CONSERVATION PROGRAM

23 For an additional amount for the ‘‘Emergency Con24 servation Program’’ for expenses resulting from ice

25 storms, flooding, tornadoes and other natural disasters,

26 $60,000,000, to remain available until expended: Pro-
4

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1 vided, That of the funds provided under this heading,

2 $40,000,000 shall be made available only for flooding and

3 natural disaster relief in Georgia: Provided further, That

4 the entire amount shall be available only to the extent that

5 an official budget request for $60,000,000, that includes

6 designation of the entire amount of the request as an

7 emergency requirement as defined in the Balanced Budget

8 and Emergency Deficit Control Act of 1985, as amended,

9 is transmitted by the President to the Congress: Provided

10 further, That the entire amount is designated by the Con11 gress as an emergency requirement pursuant to section

12 251(b)(2)(A) of such Act.

13 For necessary expenses to carry out the emergency

14 conservation program authorized under sections 401, 402,

15 and 404 of the Agricultural Credit Act of 1978 (16 U.S.C.

16 2201, 2202, 2204) to provide cost-sharing assistance to

17 maple producers to replace taps and tubing that were

18 damaged by ice storms in northeastern States in 1998,

19 $4,480,000, to remain available until expended: Provided,

20 That the entire amount shall be available only to the ex21 tent that an official budget request for $4,480,000, that

22 includes designation of the entire amount of the request

23 as an emergency requirement as defined in the Balanced

24 Budget and Emergency Deficit Control Act of 1985, as

25 amended, is transmitted by the President to the Congress:
5

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1 Provided further, That the entire amount is designated by

2 the Congress as an emergency requirement pursuant to

3 section 251(b)(2)(A) of such Act.

4 COMMODITY CREDIT CORPORATION FUND

5 DAIRY AND LIVESTOCK DISASTER ASSISTANCE PROGRAM

6 Effective only for losses incurred beginning on No7 vember 27, 1997, through the date of enactment of this

8 Act, $4,000,000 to implement a livestock and dairy indem9 nity program to compensate producers for losses of live10 stock and milk that had been produced but not marketed

11 due to natural disasters designated pursuant to a Presi12 dential or Secretarial declaration requested during such

13 a period in a manner similar to catastrophic loss coverage

14 available for other commodities under 7 U.S.C. 1508(b):

15 Provided, That in establishing a program described in the

16 preceding sentence, the Secretary shall, to the extent prac17 ticable, utilize gross income and payment limitations con18 ditions established for the Disaster Reserve Assistance

19 Program for the 1996 crop year: Provided further, That

20 the entire amount is designated by the Congress as an

21 emergency requirement pursuant to section 251(b)(2)(A)

22 of the Balanced Budget and Emergency Deficit Control

23 Act of 1985, as amended.
6

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1 NATURAL RESOURCES CONSERVATION SERVICE

2 WATERSHED AND FLOOD PREVENTION OPERATIONS

3 For an additional amount for ‘‘Watershed and Flood

4 Prevention Operations’’ to repair damages to the water5 ways and watersheds resulting from ice storms, flooding,

6 tornadoes and other natural disasters, $50,000,000, to re7 main available until expended: Provided, That of the funds

8 provided under this heading, $10,000,000 shall be made

9 available only for flooding and natural disaster relief in

10 Georgia: Provided further, That the entire amount shall

11 be available only to the extent that an official budget re12 quest for $50,000,000, that includes designation of the en13 tire amount of the request as an emergency requirement

14 as defined in the Balanced Budget and Emergency Deficit

15 Control Act of 1985, as amended, is transmitted by the

16 President to the Congress: Provided further, That the en17 tire amount is designated by the Congress as an emer18 gency requirement pursuant to section 251(b)(2)(A) of

19 such Act.

20 FOOD STAMP PROGRAM

21 Of the amounts made available under this head in

22 Public Law 105–86, funds for employment and training

23 shall remain available until expended as authorized by sec24 tion 16(h)(1) of the Food Stamp Act.
7

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1 DEPARTMENT OF HEALTH AND HUMAN

2 SERVICES

3 FOOD AND DRUG ADMINISTRATION

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and ex6 penses’’ from fees collected pursuant to section 736 of the

7 Federal Food, Drug, and Cosmetic Act, not to exceed

8 $25,918,000, to remain available until expended.

9 CHAPTER 2

10 SUBCOMMITTEE ON DEFENSE

11 DEPARTMENT OF DEFENSE—MILITARY

12 MILITARY PERSONNEL

13 MILITARY PERSONNEL, ARMY

14 For an additional amount for ‘‘Military Personnel,

15 Army’’, $184,000,000: Provided, That such amount is des16 ignated by the Congress as an emergency requirement

17 pursuant to section 251(b)(2)(A) of the Balanced Budget

18 and Emergency Deficit Control Act of 1985, as amended.

19 MILITARY PERSONNEL, NAVY

20 For an additional amount for ‘‘Military Personnel,

21 Navy’’, $22,300,000: Provided, That such amount is des22 ignated by the Congress as an emergency requirement

23 pursuant to section 251(b)(2)(A) of the Balanced Budget

24 and Emergency Deficit Control Act of 1985, as amended.
8

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1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel,

3 Marine Corps’’, $5,100,000: Provided, That such amount

4 is designated by the Congress as an emergency require5 ment pursuant to section 251(b)(2)(A) of the Balanced

6 Budget and Emergency Deficit Control Act of 1985, as

7 amended.

8 MILITARY PERSONNEL, AIR FORCE

9 For an additional amount for ‘‘Military Personnel,

10 Air Force’’, $10,900,000: Provided, That such amount is

11 designated by the Congress as an emergency requirement

12 pursuant to section 251(b)(2)(A) of the Balanced Budget

13 and Emergency Deficit Control Act of 1985, as amended.

14 RESERVE PERSONNEL, NAVY

15 For an additional amount for ‘‘Reserve Personnel,

16 Navy’’, $4,100,000: Provided, That such amount is des17 ignated by the Congress as an emergency requirement

18 pursuant to section 251(b)(2)(A) of the Balanced Budget

19 and Emergency Deficit Control Act of 1985, as amended.

20 OPERATION AND MAINTENANCE

21 OPERATION AND MAINTENANCE, ARMY

22 For an additional amount for ‘‘Operation and Main23 tenance, Army’’, $1,886,000: Provided, That such amount

24 is designated by the Congress as an emergency require25 ment pursuant to section 251(b)(2)(A) of the Balanced
9

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1 Budget and Emergency Deficit Control Act of 1985, as

2 amended.

3 OPERATION AND MAINTENANCE, NAVY

4 For an additional amount for ‘‘Operation and Main5 tenance, Navy’’, $33,272,000: Provided, That such

6 amount is designated by the Congress as an emergency

7 requirement pursuant to section 251(b)(2)(A) of the Bal8 anced Budget and Emergency Deficit Control Act of 1985,

9 as amended.

10 OPERATION AND MAINTENANCE, AIR FORCE

11 For an additional amount for ‘‘Operation and Main12 tenance, Air Force’’, $21,509,000: Provided, That such

13 amount is designated by the Congress as an emergency

14 requirement pursuant to section 251(b)(2)(A) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985,

16 as amended.

17 OPERATION AND MAINTENANCE, DEFENSE-WIDE

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Operation and Main20 tenance, Defense-wide’’, $1,390,000: Provided, That such

21 amount is designated by the Congress as an emergency

22 requirement pursuant to section 251(b)(2)(A) of the Bal23 anced Budget and Emergency Deficit Control Act of 1985,

24 as amended.
10

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1 For an additional amount for ‘‘Operation and Main2 tenance, Defense-wide’’, $44,000,000, for emergency ex3 penses resulting from natural disasters in the United

4 States: Provided, That the entire amount shall be available

5 only to the extent that an official budget request for

6 $44,000,000, that includes designation of the entire

7 amount of the request as an emergency requirement as

8 defined in the Balanced Budget and Emergency Deficit

9 Control Act of 1985, as amended, is transmitted by the

10 President to the Congress: Provided further, That the en11 tire amount is designated by the Congress as an emer12 gency requirement pursuant to section 251(b)(2)(A) of

13 such Act: Provided further, That the Secretary of Defense

14 may transfer these funds to current applicable operation

15 and maintenance appropriations, to be merged with and

16 available for the same purposes and for the same time pe17 riod as the appropriation to which transferred: Provided

18 further, That the transfer authority provided in this provi19 sion is in addition to any transfer authority available to

20 the Department.

21 OPERATION AND MAINTENANCE, ARMY RESERVE

22 For an additional amount for ‘‘Operation and Main23 tenance, Army Reserve’’, $650,000: Provided, That such

24 amount is designated by the Congress as an emergency

25 requirement pursuant to section 251(b)(2)(A) of the Bal-
11

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1 anced Budget and Emergency Deficit Control Act of 1985,

2 as amended.

3 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

4 For an additional amount for ‘‘Operation and Main5 tenance, Air Force Reserve’’, $229,000: Provided, That

6 such amount is designated by the Congress as an emer7 gency requirement pursuant to section 251(b)(2)(A) of the

8 Balanced Budget and Emergency Deficit Control Act of

9 1985, as amended.

10 OPERATION AND MAINTENANCE, ARMY NATIONAL

11 GUARD

12 For an additional amount for ‘‘Operation and Main13 tenance, Army National Guard’’, $175,000: Provided,

14 That such amount is designated by the Congress as an

15 emergency requirement pursuant to section 251(b)(2)(A)

16 of the Balanced Budget and Emergency Deficit Control

17 Act of 1985, as amended.

18 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 For an additional amount for ‘‘Overseas Contingency

21 Operations Transfer Fund’’, $1,556,000,000, to remain

22 available until expended, of which $46,000,000 shall be

23 available for classified programs: Provided, That such

24 amount is designated by the Congress as an emergency

25 requirement pursuant to section 251(b)(2)(A) of the Bal-
12

S. 1768 PCS

1 anced Budget and Emergency Deficit Control Act of 1985,

2 as amended: Provided further, That the Secretary of De3 fense may transfer these funds to fiscal year 1998 appro4 priations for operation and maintenance, working capital

5 funds, and the Defense Health Program: Provided further,

6 That the funds transferred shall be merged with and shall

7 be available for the same purposes and for the same time

8 period as the appropriation to which transferred: Provided

9 further, That funds appropriated under this heading, or

10 made available by transfer of such funds, to any intel11 ligence agency or activity of the United States Govern12 ment shall be deemed to be specifically authorized by the

13 Congress for purposes of section 504 of the National Secu14 rity Act of 1947 (50 U.S.C. 414): Provided further, That

15 the transfer authority provided under this heading is in

16 addition to any other transfer authority contained in Pub17 lic Law 105–56.

18 REVOLVING AND MANAGEMENT FUNDS

19 NAVY WORKING CAPITAL FUND

20 For an additional amount for ‘‘Navy Working Capital

21 Fund’’, $23,017,000: Provided, That such amount is des22 ignated by the Congress as an emergency requirement

23 pursuant to section 251(b)(2)(A) of the Balanced Budget

24 and Emergency Deficit Control Act of 1985, as amended.
13

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1 DEFENSE-WIDE WORKING CAPITAL FUND

2 For an additional amount for ‘‘Defense-wide Working

3 Capital Fund’’, $1,000,000: Provided, That such amount

4 is designated by the Congress as an emergency require5 ment pursuant to section 251(b)(2)(A) of the Balanced

6 Budget and Emergency Deficit Control Act of 1985, as

7 amended.

8 OTHER DEPARTMENT OF DEFENSE PROGRAMS

9 DEFENSE HEALTH PROGRAM

10 For an additional amount for the ‘‘Defense Health

11 Program’’, $1,900,000: Provided, That such amount is

12 designated by the Congress as an emergency requirement

13 pursuant to section 251(b)(2)(A) of the Balanced Budget

14 and Emergency Deficit Control Act of 1985, as amended.

15 GENERAL PROVISIONS, CHAPTER 2

16 SEC. 201. In addition to the amounts provided in

17 Public Law 105–56, $36,500,000 is appropriated under

18 the heading ‘‘Overseas Humanitarian, Disaster, and Civic

19 Aid’’: Provided, That from the funds made available under

20 that heading, the Secretary of Defense shall make a grant

21 in the amount of $16,500,000 to the American Red Cross

22 for Armed Forces emergency services: Provided further,

23 That from the funds made available under that heading,

24 the Secretary of Defense shall make a grant in the amount

25 of $20,000,000 to the American Red Cross for reimburse-
14

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1 ment for disaster relief and recovery expenditures at over2 seas locations: Provided further, That the entire amount

3 shall be available only to the extent that an official budget

4 request for $36,500,000, that includes designation of the

5 entire amount of the request as an emergency requirement

6 as defined in the Balanced Budget and Emergency Deficit

7 Control Act of 1985, as amended, is transmitted by the

8 President to the Congress: Provided further, That the en9 tire amount is designated by the Congress as an emer10 gency requirement pursuant to section 251(b)(2)(A) of

11 such Act.

12 SEC. 202. The Secretary of the Army shall comply

13 with the memorandum of agreement entitled ‘‘Yakima

14 Training Center Proposed Land Acquisition: Recreational

15 Mitigation Requirements’’ that was entered into between

16 the Washington State Parks and Recreation Commission

17 and the Department of the Army (with the Commanding

18 General of I Corps, United States Army, acting for the

19 Department of the Army) on September 27, 1991.

20 SEC. 203. The President is urged to encourage other

21 nations who are allies and friends of the United States

22 to contribute to the burden being borne by the United

23 States in preventing the government of Iraq from using

24 Weapons of Mass Destruction, which pose a threat to the

25 world community. The President is also urged to seek fi-
15

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1 nancial, in-kind and other contributions to help defray the

2 costs being incurred by the United States in this oper3 ation. For this purpose, a special account shall be estab4 lished in the Treasury which will accept such financial

5 contributions, and from which funds will be subject to obli6 gation through the normal appropriations process. The

7 Secretary of Defense, after consultation with the Secretary

8 of State, shall provide a report to the Congress within 60

9 days after enactment as to the status of this effort, and

10 shall make a comprehensive account of the efforts made

11 and results obtained to share the burden of the common

12 defense. The Director of the Office of Management and

13 Budget shall report to the Congress within 30 days as to

14 the establishment of such burden-sharing account in the

15 Department of the Treasury.

16 (TRANSFER OF FUNDS)

17 SEC. 204. Of the funds appropriated in Public Law

18 105–56, under the heading ‘‘Chemical Agents and Muni19 tions Destruction, Defense’’ for Operation and mainte20 nance, $40,000,000 shall be transferred to ‘‘Operation

21 and Maintenance, Defense-Wide’’.
16

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1 CHAPTER 3

2 SUBCOMMITTEE ON ENERGY AND WATER

3 DEVELOPMENT

4 DEPARTMENT OF DEFENSE—CIVIL

5 DEPARTMENT OF THE ARMY

6 CORPS OF ENGINEERS—CIVIL

7 CONSTRUCTION, GENERAL

8 For emergency repairs due to flooding and other nat9 ural disasters, $8,000,000, to remain available until ex10 pended: Provided, That the Secretary of the Army is au11 thorized and directed to obligate and expend the funds ap12 propriated under this heading to proceed with engineering

13 and design and construction to repair and upgrade the

14 Archusa Dam and appurtenant structures located in

15 Quitman, Mississippi if the Secretary of the Army certifies

16 that such repair is necessary to provide flood control bene17 fits downstream of the dam: Provided further, That a non18 Federal sponsor shall enter into a binding agreement with

19 the Secretary wherein the non-Federal sponsor shall pay

20 50 percent of the cost of the project, provide all lands,

21 easements, rights of way, relocations, and dredged mate22 rial disposal areas required for the project, and pay 100

23 percent of the costs of operation, maintenance, repair, re24 placement or rehabilitation of the project: Provided fur25 ther, That the entire amount shall be available only to the
17

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1 extent an official budget request for $8,000,000, that in2 cludes designation of the entire amount of the request as

3 an emergency requirement as defined in the Balanced

4 Budget and Emergency Deficit Control Act of 1985, as

5 amended: Provided further, That the entire amount is des6 ignated by the Congress as an emergency requirement

7 pursuant to section 251(b)(2)(A) of the Balanced Budget

8 and Emergency Deficit Control Act of 1985, as amended.

9 An additional amount for emergency levee and water10 way repairs at Elba and Geneva, Alabama to be conducted

11 at full Federal expense, $25,000,000, to remain available

12 until expended: Provided, That the Secretary of the Army

13 is authorized and directed to obligate and expend the

14 funds appropriated for the Elba and Geneva, Alabama lev15 ees and waterway repair to proceed with engineering and

16 design and reconstruction if the Secretary of the Army

17 certifies that such work is necessary to provide flood con18 trol benefits in the vicinity of Elba and Geneva, Alabama:

19 Provided further, That the Corps of Engineers shall not

20 be responsible for the future costs of operation, repair, re21 placement or rehabilitation of the project: Provided fur22 ther, That the entire amount shall be available only to the

23 extent an official budget request of $25,000,000, that in24 cludes designation of the entire amount of the request as

25 an emergency requirement as defined in the Balanced
18

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1 Budget and Emergency Deficit Control Act of 1985, as

2 amended, is transmitted by the President to the Congress:

3 Provided further, That the entire amount is designated by

4 the Congress as an emergency requirement pursuant to

5 section 251(b)(2)(A) of such Act.

6 OPERATION AND MAINTENANCE, GENERAL

7 For emergency repairs due to flooding and other nat8 ural disasters, $30,000,000, to remain available until ex9 pended, of which such amounts for eligible navigation

10 projects which may be derived from the Harbor Mainte11 nance Trust Fund pursuant to Public Law 99–662, shall

12 be derived from that Fund, and the remainder shall be

13 derived by transfer from the ‘‘Flood Control and Coastal

14 Emergencies’’ account: Provided, That the entire amount

15 shall be available only to the extent an official budget re16 quest for $30,000,000, that includes designation of the en17 tire amount of the request as an emergency requirement

18 as defined in the Balanced Budget and Emergency Deficit

19 Control Act of 1985, as amended, is transmitted by the

20 President to the Congress: Provided further, That the en21 tire amount is designated by the Congress as an emer22 gency requirement pursuant to section 251(b)(2)(A) of the

23 Balanced Budget and Emergency Deficit Control Act of

24 1985, as amended.
19

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1 DEPARTMENT OF ENERGY

2 ATOMIC ENERGY DEFENSE ACTIVITIES

3 WEAPONS ACTIVITIES

4 (TRANSFER OF FUNDS)

5 For an additional amount for atomic energy defense

6 weapons activities, including the purchase, construction,

7 and acquisition of plant and capitol equipment, and other

8 necessary expenses, $4,000,000, to remain available until

9 expended, to be derived from funds appropriated in the

10 Energy and Water Development Appropriations Act,

11 1998, or prior year Acts, as follows: $4,000,000 from

12 ‘‘Other Defense Activities’’.

13 DEPARTMENTAL ADMINISTRATION

14 Such additional amounts as necessary, not to exceed

15 $5,408,000, to cover increases in the estimated amount

16 of cost of Work For Others notwithstanding the provisions

17 of the Anti-Deficiency Act (31 U.S.C. 1511, et seq.): Pro18 vided, That such increases in cost of Work For Others

19 are offset by revenue increases of the same or greater

20 amount derived from fees authorized by sections 31 and

21 33 of the Atomic Energy Act of 1954 (42 U.S.C. 2051

22 and 2053), to remain available until expended.

23 GENERAL PROVISIONS, CHAPTER 3

24 SEC. 301. Section 303 of the Energy and Water De25 velopment Appropriations Act, 1998 (Public Law 105–
20

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1 62), does not apply to the worker transition plan for the

2 Pinellas Plant site.

3 SEC. 302. Section 2 of the Emergency Drought Relief

4 Act of 1996 (Public Law 104–318; 110 Stat. 3862) is

5 amended by adding at the end the following new section:

6 ‘‘(c) EXTENSION OF PERIODS FOR REPAYMENT.—

7 Notwithstanding any provision of the Reclamation Project

8 Act of 1939 (43 U.S.C. 485 et seq.), the Secretary of the

9 Interior—

10 ‘‘(1) shall extend the period for repayment by

11 the City of Corpus Christi, Texas, and the Nueces

12 River Authority under contract No. 6–07–01–x0675,

13 relating to the Nueces River reclamation project,

14 Texas, until—

15 ‘‘(A) August 1, 2029 for repayment pursu16 ant to the municipal and industrial water sup17 ply benefits portion of the contract; and

18 ‘‘(B) until August 1, 2044 for repayment

19 pursuant to the fish and wildlife and recreation

20 benefits portion of the contract, and

21 ‘‘(2) shall extend the period for repayment by

22 the Canadian River Municipal Water Authority

23 under contract No. 14–06–500–485 relating to the

24 Canadian River reclamation project, Texas, until Oc25 tober 1, 2021.’’.
21

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1 SEC. 303. ACTION WITH RESPECT TO THE

2 KENNEWICK MAN DISCOVERY SITE.—Before final dis3 position of the civil action, Bonnichsen v. United States,

4 CV No. 96–1481 (D. Ore.), the Army Corps of Engineers

5 shall not authorize, permit, or undertake any action to sta6 bilize, cover, or permanently alter the land (including land

7 submerged by water) within 100 yards of the place where

8 any part of the Kennewick Man remains was found unless

9 the court determines that such an action is reasonable and

10 necessary in light of any potential adverse impact on sci11 entific investigation of the site and other relevant consid12 erations.

13 CHAPTER 4

14 SUBCOMMITTEE ON INTERIOR AND RELATED

15 AGENCIES

16 DEPARTMENT OF THE INTERIOR

17 UNITED STATES FISH AND WILDLIFE SERVICE

18 CONSTRUCTION

19 For an additional amount for ‘‘Construction’’,

20 $28,938,000, to remain available until expended, to repair

21 damage caused by floods and other natural disasters: Pro22 vided, That the entire amount shall be available only to

23 the extent that an official budget request for $28,938,000,

24 that includes designation of the entire amount of the re25 quest as an emergency requirement as defined in the Bal-
22

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1 anced Budget and Emergency Deficit Control Act of 1985,

2 as amended, is transmitted by the President to the Con3 gress: Provided further, That the entire amount is des4 ignated by the Congress as an emergency requirement

5 pursuant to section 251(b)(2)(A) of the Balanced Budget

6 and Emergency Deficit Control Act of 1985, as amended.

7 NATIONAL PARK SERVICE

8 CONSTRUCTION

9 For an additional amount for ‘‘Construction’’ to re10 pair damage caused by floods and other natural disasters,

11 $8,500,000, to remain available until expended: Provided,

12 That the entire amount shall be available only to the ex13 tent that an official budget request for $8,500,000, that

14 includes designation of the entire amount of the request

15 as an emergency requirement as defined in the Balanced

16 Budget and Emergency Deficit Control Act of 1985, as

17 amended, is transmitted by the President to the Congress:

18 Provided further, That the entire amount is designated by

19 the Congress as an emergency requirement pursuant to

20 section 251(b)(2)(A) of such Act.

21 UNITED STATES GEOLOGICAL SURVEY

22 SURVEYS, INVESTIGATIONS, AND RESEARCH

23 For an additional amount for ‘‘Surveys, Investiga24 tions, and Research’’ for emergency expenses resulting

25 from floods and other natural disasters, $1,000,000, to
23

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1 remain available until expended: Provided, That the entire

2 amount shall be available only to the extent that an official

3 budget request for $1,000,000, that includes designation

4 of the entire amount of the request as an emergency re5 quirement as defined in the Balanced Budget and Emer6 gency Deficit Control Act of 1985, as amended, is trans7 mitted by the President to the Congress: Provided further,

8 That the entire amount is designated by the Congress as

9 an emergency requirement pursuant to section

10 251(b)(2)(A) of such Act.

11 MINERALS MANAGEMENT SERVICE

12 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

13 For an additional amount for ‘‘Royalty and Offshore

14 Minerals Management’’ to meet increased demand and

15 workload requirements stemming from higher than antici16 pated leasing activity in the Gulf of Mexico, $6,675,000,

17 to remain available until expended, to be derived from in18 creased receipts resulting from increases to rates in effect

19 on August 5, 1993, from rate increases to fee collections

20 for Outer Continental Shelf administrative activities per21 formed by the Minerals Management Service over and

22 above the rates in effect on September 30, 1993, and from

23 additional fees for Outer Continental Shelf administrative

24 activities established after September 30, 1993.
24

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1 OFFICE OF SURFACE MINING RECLAMATION AND

2 ENFORCEMENT

3 ABANDONED MINE RECLAMATION FUND

4 (TRANSFER OF FUNDS)

5 For an additional amount for the ‘‘Abandoned Mine

6 Reclamation Fund’’, $3,163,000, to be derived by transfer

7 from amounts available in Public Law 105–83 under the

8 heading, ‘‘Regulation and Technology’’, and to be subject

9 to the same terms and conditions of the account to which

10 transferred.

11 BUREAU OF INDIAN AFFAIRS

12 OPERATION OF INDIAN PROGRAMS

13 For an additional amount for ‘‘Operation of Indian

14 Programs’’, $1,050,000, to remain available until ex15 pended, for the cost of document collection and produc16 tion, including electronic imaging, required to support liti17 gation involving individual Indian trust fund accounts.

18 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

19 FEDERAL TRUST PROGRAMS

20 For an additional amount for ‘‘Federal Trust Pro21 grams’’, $4,650,000, to remain available until expended,

22 for the cost of document collection and production, includ23 ing electronic imaging, required to support litigation in24 volving individual Indian trust fund accounts.
25

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1 DEPARTMENT OF AGRICULTURE

2 FOREST SERVICE

3 STATE AND PRIVATE FORESTRY

4 For an additional amount for ‘‘State and Private

5 Forestry’’ for emergency expenses resulting from damages

6 from ice storms, tornadoes and other natural disasters,

7 $48,000,000, to remain available until expended: Pro8 vided, That the entire amount shall be available only to

9 the extent that an official budget request for $48,000,000,

10 that includes designation of the entire amount of the re11 quest as an emergency requirement as defined in the Bal12 anced Budget and Emergency Deficit Control Act of 1985,

13 as amended, is transmitted by the President to the Con14 gress: Provided further, That the entire amount is des15 ignated by the Congress as an emergency requirement

16 pursuant to section 251(b)(2)(A) of the Balanced Budget

17 and Emergency Deficit Control Act of 1985, as amended.

18 NATIONAL FOREST SYSTEM

19 For an additional amount for the ‘‘National Forest

20 System’’ for emergency expenses resulting from damages

21 from ice storms, tornadoes and other natural disasters,

22 $10,000,000, to remain available until expended: Pro23 vided, That the entire amount shall be available only to

24 the extent that an official budget request for $10,000,000,

25 that includes designation of the entire amount of the re26 quest as an emergency requirement as defined in the Bal-
26

S. 1768 PCS

1 anced Budget and Emergency Deficit Control Act of 1985,

2 as amended, is transmitted by the President to the Con3 gress: Provided further, That the entire amount is des4 ignated by the Congress as an emergency requirement

5 pursuant to section 251(b)(2)(A) of the Balanced Budget

6 and Emergency Deficit Control Act of 1985, as amended.

7 For an additional amount for the ‘‘National Forest

8 System’’ for expenses associated with payments to states

9 as specified in subsection (b)(2) of section 405 of this

10 chapter of this Act, $2,000,000, to remain available until

11 expended.

12 DEPARTMENT OF HEALTH AND HUMAN

13 SERVICES

14 INDIAN HEALTH SERVICE

15 INDIAN HEALTH SERVICES

16 For an additional amount for ‘‘Indian Health Serv17 ices’’, $100,000, to remain available until expended, for

18 suicide prevention counseling.

19 GENERAL PROVISIONS, CHAPTER 4

20 SEC. 401. Construction of the Trappers Loop connec21 tor road, and any related actions, by any Federal or state

22 agency or other entity are deemed to be non-discretionary

23 actions authorized and directed by Congress under Title

24 III, section 304(e)(3) of the Omnibus Parks and Public

25 Lands Management Act of 1996 (110 Stat. 4093).
27

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1 SEC. 402. Neither the issuance by the United States

2 of an easement on and across National Forest lands for

3 the Boulder City Pipeline (also known as Lakewood Pipe4 line) nor the acceptance of such easement by the City of

5 Boulder, Colorado, nor the relocation of such pipeline on

6 such easement, shall cause, be construed as, or result in

7 the abandonment, termination, relinquishment, revocation,

8 limitation, or diminution of any rights claimed by such city

9 pursuant to or as a result of any prior grant, including

10 the Act of July 26, 1866 (43 U.S.C. 661) and the Acts

11 authorizing the conveyance of such city of the Silver Lake

12 Watershed. The alignment of the relocated pipeline shall

13 be considered neither more nor less within the scope of

14 any prior grants than the alignment of the pipeline exist15 ing prior to the issuance of such easement.

16 SEC. 403. Notwithstanding any other provision of

17 law, the Secretary of the Interior, through the Bureau of

18 Indian Affairs, may hereafter directly transfer to Indian

19 tribes in North and South Dakota portable housing units

20 at the Grand Forks Air Force Base in North Dakota that

21 have been declared excess by the Department of Defense

22 and requested for transfer by the Department of the Inte23 rior.

24 SEC. 404. PETROGLYPH NATIONAL MONUMENT. (a)

25 SHORT TITLE.—This section may be cited as the
28

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1 ‘‘Petroglyph National Monument Boundary Adjustment

2 Act’’.

3 (b) FINDINGS.—Congress finds that—

4 (1) the purposes for which Petroglyph National

5 Monument (referred to in this section as ‘‘the monu6 ment’’) was established continue to be valid;

7 (2) it is of mutual benefit to the trustee institu8 tions of the New Mexico State Trust lands and the

9 National Park Service for land exchange negotia10 tions to be completed with all due diligence, result11 ing in the transfer of all State Trust lands within

12 the boundaries of the monument to the United

13 States in accordance with State and Federal law;

14 (3) because the city of Albuquerque, New Mex15 ico, has acquired substantial acreage within the

16 monument boundaries, purchased with State and

17 municipal funds, the consolidation of land ownership

18 and jurisdiction under the National Park Service will

19 require the consent of the city of Albuquerque, and

20 options for National Park Service acquisition that

21 are not currently available;

22 (4) corridors for the development of Paseo del

23 Norte and Unser Boulevard are depicted on the map

24 referred to in section 102(a) of the Petroglyph Na25 tional Monument Establishment Act of 1990 (Public
29

S. 1768 PCS

1 Law 101–313; 16 U.S.C. 431 note), and the align2 ment of the roadways was anticipated by Congress

3 before the date of enactment of the Act;

4 (5) it was the expectation of the principal pro5 ponents of the monument, including the cities of Al6 buquerque and Rio Rancho, New Mexico, and the

7 National Park Service, that passage of the

8 Petroglyph National Monument Establishment Act

9 of 1990 (Public Law 101–313; 16 U.S.C. 431 note)

10 would allow the city of Albuquerque—

11 (A) to utilize the Paseo del Norte and

12 Unser Boulevard corridors through the monu13 ment; and

14 (B) to design and construct infrastructure

15 within the corridors with the cultural and natu16 ral resources of the monument in mind;

17 (6) the city of Albuquerque has not provided for

18 the establishment of rights-of-way for the Paseo del

19 Norte and Unser Boulevard corridors under the

20 Joint Powers Agreement (PANO 78–521.81–277A),

21 which expanded the boundary of the monument to

22 include the Piedras Marcadas and Boca Negra units,

23 pursuant to section 104 of the Petroglyph National

24 Monument Establishment Act of 1990 (Public Law

25 101–313; 16 U.S.C. 431 note);
30

S. 1768 PCS

1 (7) adequate planning and cooperation between

2 the city of Albuquerque and the National Park Serv3 ice is essential to avoid resource degradation within

4 the monument resulting from storm water runoff,

5 and drainage conveyances through the monument

6 should be designed and located to provide sufficient

7 capacity for effective runoff management; and

8 (8) the monument will best be managed for the

9 benefit and enjoyment of present and future genera10 tions with cooperation between the city of Albuquer11 que, the State of New Mexico, and the National

12 Park Service.

13 (c) STORM WATER DRAINAGE AND TECHNICAL AS14 SISTANCE.—

15 (1) STORM WATER DRAINAGE.—Not later than

16 180 days after the date of enactment of this Act, the

17 Secretary of the Interior, acting through the Direc18 tor of the National Park Service (referred to in this

19 section as the ‘‘Secretary’’), and the city of Albu20 querque, New Mexico, shall enter into negotiations

21 to provide for the management of storm water run22 off and drainage within the monument, including the

23 design and construction of any storm water cor24 ridors, conveyances, and easements within the monu25 ment boundaries.
31

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1 (2) DESIGN SPECIFICATIONS.—

2 (A) IN GENERAL.—At least 120 days be3 fore the initiation of any construction within

4 the corridor described in Exhibit B of the docu5 ment referred to in subparagraph (C), the city

6 of Albuquerque, New Mexico, shall provide to

7 the Secretary design specifications for the con8 struction project.

9 (B) TECHNICAL ASSISTANCE.—Prior to or

10 on receipt of the specifications, the Secretary

11 may provide the city with technical assistance

12 in the design of any construction project within

13 such corridor. Technical assistance provided by

14 the Secretary shall be solely to advise the city

15 on design.

16 (C) DOCUMENT.—The document described

17 in this section is the document entitled

18 ‘‘Petroglyph National Monument Roadway/Util19 ity Corridors’’, on file with the Secretary of the

20 Interior and the mayor of the city of Albuquer21 que, New Mexico.

22 (d) ACQUISITION AUTHORITY; BOUNDARY ADJUST23 MENT; ADMINISTRATION AND MANAGEMENT OF THE

24 MONUMENT.—
32

S. 1768 PCS

1 (1) ACQUISITION AUTHORITY.—Section 103(a)

2 of the Petroglyph National Monument Establish3 ment Act of 1990 (Public Law 101–313, 16 U.S.C.

4 431 note) is amended—

5 (A) by striking ‘‘(a) The Secretary’’ and

6 inserting the following:

7 ‘‘(a) AUTHORITY.—

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

9 the Secretary’’;

10 (B) by striking ‘‘, except that lands or in11 terests therein owned by the State or a political

12 subdivision thereof may be acquired only by do13 nation or exchange’’; and

14 (C) by adding at the end the following:

15 ‘‘(2) LAND OWNED BY THE STATE OR A POLITI16 CAL SUBDIVISION.—No land or interest in land

17 owned by the State or a political subdivision of the

18 State may be acquired by purchase before—

19 ‘‘(A) the State or political subdivision hold20 ing title to the land or interest in land identifies

21 the land or interest in land for disposal; and

22 ‘‘(B)(i) all private land within the monu23 ment boundary for which there is a willing sell24 er is acquired; or
33

S. 1768 PCS

1 ‘‘(ii) 2 years have elapsed after the

2 date on which the Secretary has made a

3 final offer (for which funds are available)

4 to acquire all remaining private land at

5 fair market value.’’.

6 (2) BOUNDARY ADJUSTMENT.—Section 104(a)

7 of the Petroglyph National Monument Establish8 ment Act of 1990 (Public Law 101–313; 16 U.S.C.

9 431 note) is amended—

10 (A) by redesignating paragraphs (1) and

11 (2) as subparagraphs (A) and (B), respectively,

12 and indenting appropriately;

13 (B) by striking ‘(a) Upon’ and inserting

14 the following:

15 ‘‘(a) PIEDRAS MARCADAS UNIT.—

16 ‘‘(1) IN GENERAL.—Upon’’; and

17 (C) by adding at the end the following:

18 ‘‘(2) BOUNDARY ADJUSTMENT.—

19 ‘‘(A) EXCLUSION OF PASEO DEL NORTE

20 CORRIDOR.—Notwithstanding paragraph (1),

21 effective as of the date of enactment of this

22 subparagraph—

23 ‘‘(i) the boundary of the monument is

24 adjusted to exclude the Paseo Del Norte

25 corridor in the Piedras Marcadas Unit de-
34

S. 1768 PCS

1 scribed in Exhibit B of the document de2 scribed in subparagraph (B); and

3 ‘‘(ii) the inclusion of the Paseo Del

4 Norte corridor within the boundary of the

5 monument before the date of enactment of

6 this paragraph shall have no effect on any

7 future ownership, use, or management of

8 the corridor.

9 ‘‘(B) DOCUMENT.—The document de10 scribed in this subparagraph is the document

11 entitled ‘Petroglyph National Monument Road12 way/Utility Corridors’, on file with the Sec13 retary of the Interior and the mayor of the city

14 of Albuquerque, New Mexico.’’

15 (e) ADMINISTRATION AND MANAGEMENT OF THE

16 MONUMENT.—Section 105 of the Petroglyph National

17 Monument Establishment Act of 1990 (Public Law 101–

18 313, 16 U.S.C. 431 note) is amended by adding at the

19 end the following:

20 ‘‘(f) BOCA NEGRA AND PIEDRAS MARCADAS

21 UNITS.—If the binding agreement providing for the ex22 pansion of the monument pursuant to section 104 is

23 amended, in accordance with the terms of the agreement,

24 to transfer to the National Park Service responsibility for

25 operation, maintenance, and repair of any or all property
35

S. 1768 PCS

1 within the Boca Negra or Piedras Marcadas unit of the

2 monument, the Secretary may employ, at a comparable

3 grade and salary within the National Park Service, any

4 willing employees of the city assigned to the unit.’’.

5 (f) DOUBLE EAGLE II AIRPORT ACCESS ROAD.—The

6 Administrator of the Federal Aviation Administration

7 shall allow the use of the access road to the Double Eagle

8 II Airport in existence on the date of enactment of this

9 Act for visitor access to the monument.

10 SEC. 405. TRANSPORTATION SYSTEM MORATO11 RIUM.—(a)(1) The Chief of the Forest Service, Depart12 ment of Agriculture, in his sole discretion, may authorize

13 and execute any projects, including timber sales, that were

14 previously scheduled for initiation or completion in fiscal

15 year 1998 or fiscal year 1999, or that may be scheduled

16 hereafter, notwithstanding any moratorium on construc17 tion of roads in roadless areas within the National Forest

18 System adopted as policy or by regulation that would oth19 erwise be applicable to such projects.

20 (2) Any projects authorized pursuant to subsection

21 (a)(1) shall—

22 (A) comply with all applicable laws and regula23 tions and be consistent with applicable land and re24 source management plans, except any regulations or
36

S. 1768 PCS

1 plan amendments which establish or implement the

2 moratorium referred to in subsection (a)(1); and

3 (B) be subject to administrative appeals pursu4 ant to Part 215 of title 36 of the Code of Federal

5 Regulations and to judicial review.

6 (b)(1) For any previously scheduled projects that are

7 referred to in, but not authorized pursuant to, subsection

8 (a)(1), the Chief shall, to the maximum extent practicable,

9 prepare and authorize substitute projects to be offered or

10 initiated in fiscal year 1998 or fiscal year 1999.

11 (2)(A) The Chief shall pay as soon as practicable

12 after fiscal year 1998 and fiscal year 1999 to any State

13 in which previously scheduled projects that are referred

14 to in, but not authorized pursuant to, subsection (a)(1)

15 would have occurred 25 percentum of any receipts from

16 such projects that —

17 (i) were anticipated in fiscal year 1998 or fiscal

18 year 1999 in the absence of any moratorium re19 ferred to in subsection (a)(1); and

20 (ii) are not offset by revenues received in such

21 fiscal years from substitute projects authorized pur22 suant to subsection (b)(1).

23 (B) After reporting the amount of funds required to

24 make any payments required by subsection (b)(2)(A), and

25 the source from which such funds are to be derived, to
37

S. 1768 PCS

1 the Committees on Appropriations of the House of Rep2 resentatives and the Senate, the Chief shall make any pay3 ments required by subsection (b)(2)(A) from—

4 (i) the $2,000,000 appropriated for the pur5 poses of this section in Chapter 4 of this Act; or

6 (ii) in the event that the amount referred to in

7 subsection (b)(2)(B)(i) is not sufficient to cover the

8 payments required under subsection (b)(2), from any

9 funds appropriated to the Forest Service in fiscal

10 year 1998 or fiscal year 1999, as the case may be,

11 that are not specifically earmarked for another pur12 pose by the applicable appropriation act or a com13 mittee or conference report thereon.

14 (C) Any State which receives payments required by

15 subsection (b)(2)(A) shall expend such funds only in the

16 manner, and for the purposes, prescribed in section 500

17 of title 16 of the United States Code.

18 (c)(1) During the term of the moratorium referred

19 to in subsection (a)(1), the Chief shall prepare, and submit

20 to the Committees on Appropriations of the House of Rep21 resentatives and the Senate a report on, each of the follow22 ing:

23 (A) a study of whether standards and guide24 lines in existing land and resource management

25 plans compel or encourage entry into roadless areas
38

S. 1768 PCS

1 within the National Forest System for the purpose

2 of constructing roads or undertaking any other

3 ground-disturbing activities;

4 (B) an inventory of all roads within the Na5 tional Forest System and the uses which they serve,

6 in a format that will inform and facilitate the devel7 opment of a long-term Forest Service transportation

8 policy; and

9 (C) a comprehensive and detailed analysis of

10 the economic and social effects of the moratorium

11 referred to in subsection (a)(1) on county, State,

12 and regional levels.

13 (2) The Chief shall fund the study, inventory and

14 analysis required by subsection (c)(1) in fiscal year 1998

15 from funds appropriated for Forest Research in such fis16 cal year that are not specifically earmarked for another

17 purpose in the applicable appropriation act or a committee

18 or conference report thereon.
39

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1 CHAPTER 5

2 SUBCOMMITTEE ON LABOR, HEALTH AND

3 HUMAN SERVICES, AND EDUCATION, AND

4 RELATED AGENCIES

5 DEPARTMENT OF HEALTH AND HUMAN

6 SERVICES

7 CENTERS FOR DISEASE CONTROL AND PREVENTION

8 DISEASE CONTROL, RESEARCH, AND TRAINING

9 For an additional amount for the Centers for Disease

10 Control and Prevention, ‘‘Disease Control, Research, and

11 Training’’, $9,000,000: Provided, That the entire amount

12 shall be available only to the extent that an official budget

13 request for $9,000,000, that includes designation of the

14 entire amount of the request as an emergency requirement

15 as defined in the Balanced Budget and Emergency Deficit

16 Control Act of 1985, as amended, is transmitted by the

17 President to the Congress: Provided further, That the en18 tire amount is designated by the Congress as an emer19 gency requirement pursuant to section 251(b)(2)(A) of

20 such Act.

21 HEALTH CARE FINANCING ADMINISTRATION

22 PROGRAM MANAGEMENT

23 For an additional amount for Health Care Financing

24 Administration, ‘‘Program Management’’, $16,000,000.
40

S. 1768 PCS

1 CHAPTER 6

2 SUBCOMMITTEE ON THE LEGISLATIVE BRANCH

3 ARCHITECT OF THE CAPITOL

4 CAPITOL BUILDING AND GROUNDS

5 CAPITOL BUILDINGS

6 SALARIES AND EXPENSES

7 For an additional amount for ‘‘Capitol Buildings Sal8 aries and Expenses’’, $7,500,000, to remain available

9 until expended, to begin emergency repairs and rehabilita10 tion of the Capitol Dome: Provided, That this additional

11 amount shall be available for obligation without regard to

12 section 3709 of the Revised Statutes, as amended.

13 CAPITOL GROUNDS

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses for the design, installation

16 and maintenance of the Capitol Square Perimeter Security

17 Plan, $20,000,000, of which $4,000,000 shall be trans18 ferred to the Capitol Police Board ‘‘General Expenses’’ for

19 physical security measures associated with the Capitol

20 Square Perimeter Security Plan, to remain available until

21 expended, subject to the review and approval by the appro22 priate House and Senate authorities: Provided, That this

23 additional amount shall be available for obligation without

24 regard to section 3709 of the Revised Statutes, as amend25 ed.
41

S. 1768 PCS

1 CHAPTER 7

2 SUBCOMMITTEE ON MILITARY CONSTRUCTION

3 DEPARTMENT OF DEFENSE

4 MILITARY CONSTRUCTION, NAVY

5 For an additional amount for ‘‘Military Construction,

6 Navy’’, $17,428,000: Provided, That the entire amount

7 shall be available only to the extent that an official budget

8 request for $17,428,000, that includes designation of the

9 entire amount of the request as an emergency requirement

10 as defined in the Balanced Budget and Emergency Deficit

11 Control Act of 1985, as amended, is transmitted by the

12 President to the Congress: Provided further, That the en13 tire amount is designated by the Congress as an emer14 gency requirement pursuant to section 251(b)(2)(A) of

15 such Act.

16 MILITARY CONSTRUCTION, AIR FORCE

17 For an additional amount for ‘‘Military Construc18 tion’’, $5,891,000: Provided, That the entire amount shall

19 be available only to the extent that an official budget re20 quest for $5,891,000, that includes designation of the en21 tire amount of the request as an emergency requirement

22 as defined in the Balanced Budget and Emergency Deficit

23 Control Act of 1985, as amended, is transmitted by the

24 President to the Congress: Provided further, That the en25 tire amount is designated by the Congress as an emer-
42

S. 1768 PCS

1 gency requirement pursuant to section 251(b)(2)(A) of

2 such Act.

3 FAMILY HOUSING, NAVY AND MARINE CORPS

4 For an additional amount for ‘‘Family Housing,

5 Navy and Marine Corps’’, $18,100,000: Provided, That

6 the entire amount shall be available only to the extent that

7 an official budget request for $18,100,000, that includes

8 designation of the entire amount of the request as an

9 emergency requirement as defined in the Balanced Budget

10 and Emergency Deficit Control Act of 1985, as amended,

11 is transmitted by the President to the Congress: Provided

12 further, That such amount is designated by the Congress

13 as an emergency requirement pursuant to section

14 251(b)(2)(A) of the Balanced Budget and Emergency

15 Deficit Control Act of 1985, as amended.

16 FAMILY HOUSING, AIR FORCE

17 For an additional amount for ‘‘Family Housing, Air

18 Force’’, $2,400,000: Provided, That the entire amount

19 shall be available only to the extent that an official budget

20 request for $2,400,000, that includes designation of the

21 entire amount of the request as an emergency requirement

22 as defined in the Balanced Budget and Emergency Deficit

23 Control Act of 1985, as amended, is transmitted by the

24 President to the Congress: Provided further, That such

25 amount is designated by the Congress as an emergency
43

S. 1768 PCS

1 requirement pursuant to section 251(b)(2)(A) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985,

3 as amended.

4 CHAPTER 8

5 SUBCOMMITTEE ON TRANSPORTATION AND

6 RELATED AGENCIES

7 DEPARTMENT OF TRANSPORTATION

8 OFFICE OF THE SECRETARY

9 TRANSPORTATION PLANNING, RESEARCH, AND

10 DEVELOPMENT

11 For an additional amount for transportation plan12 ning, research, and development activities and grants,

13 $6,900,000, to remain available until expended.

14 FEDERAL AVIATION ADMINISTRATION

15 OPERATIONS

16 (AIRPORT AND AIRWAYS TRUST FUND)

17 For an additional amount for Operations for expenses

18 relating to the Year 2000 computer hardware and soft19 ware problems, $47,200,000.

20 FACILITIES AND EQUIPMENT

21 (AIRPORT AND AIRWAYS TRUST FUND)

22 For an additional amount for Facilities and Equip23 ment for expenses relating to the Year 2000 computer

24 hardware and software problems, $108,800,000.
44

S. 1768 PCS

1 FEDERAL HIGHWAY ADMINISTRATION

2 FEDERAL-AID HIGHWAYS

3 EMERGENCY RELIEF PROGRAM

4 (HIGHWAY TRUST FUND)

5 For an additional amount for the Emergency Relief

6 Program for emergency expenses resulting from flooding

7 and other natural disasters, as authorized by 23 U.S.C.

8 125, $259,000,000, to be derived from the Highway Trust

9 Fund and to remain available until expended: Provided,

10 That the entire amount shall be available only to the ex11 tent an official budget request for $259,000,000, that in12 cludes designation of the entire amount as an emergency

13 requirement as defined in the Balanced Budget and Emer14 gency Deficit Control Act of 1985, as amended is trans15 mitted by the President to the Congress: Provided further,

16 That the entire amount is designated by the Congress as

17 an emergency requirement pursuant to section

18 251(b)(2)(A) of the Balanced Budget and Emergency

19 Deficit Control Act of 1985, as amended: Provided further,

20 That any obligations for the Emergency Relief Program

21 shall not be subject to the prohibition against obligations

22 in section 2(e)(3) (A) and (D) of the Surface Transpor23 tation Extension Act of 1997: Provided further, That no

24 announcement of any allocation of funds provided under

25 this section shall be made prior to 15 days after the notifi26 cation of the House and Senate Committees on Appropria-
45

S. 1768 PCS

1 tions, the House and Senate Transportation Appropria2 tions Subcommittees, the Senate Environment and Public

3 Works Committee, and the House Transportation and In4 frastructure Committee: Provided further, That if suffi5 cient carryover balances for the necessary expenses for ad6 ministration, operation (including motor carrier safety

7 program operations), and research of the Federal High8 way Administration are not available, and pending the re9 authorization of the Federal-aid highway program, the

10 Secretary of Transportation may borrow such sums as

11 may be necessary for such expenses from the unobligated

12 balances of discretionary allocations for the Federal-aid

13 highway program made available by this Act.

14 RELATED AGENCY

15 NATIONAL TRANSPORTATION SAFETY BOARD

16 SALARIES AND EXPENSES

17 For an additional amount for ‘‘Salaries and Ex18 penses’’ for necessary expenses resulting from the crash

19 of TWA Flight 800, $5,400,000: Provided, That the entire

20 amount is available only for costs associated with rental

21 of the Calverton facility, of which not to exceed $500,000

22 is for security expenses: Provided further, That no funds

23 or unobligated balances are available to provide for or per24 mit flight operations at the Calverton airstrip.
46

S. 1768 PCS

1 CHAPTER 9

2 SUBCOMMITTEE ON TREASURY AND GENERAL

3 GOVERNMENT

4 DEPARTMENT OF THE TREASURY

5 AUTOMATION ENHANCEMENT

6 YEAR 2000 CENTURY DATE CHANGE CONVERSION

7 For necessary expenses of the Department of the

8 Treasury for Year 2000 century date change conversion

9 requirements, $39,410,000, to remain available until Sep10 tember 30, 2000.

11 FINANCIAL MANAGEMENT SERVICE

12 SALARIES AND EXPENSES

13 For an additional amount for ‘‘Salaries and Ex14 penses’’, for Year 2000 century date change conversion

15 requirements, $5,300,000, to remain available until Sep16 tember 30, 2000.

17 CHAPTER 10

18 SUBCOMMITTEE ON VA, HUD, AND

19 INDEPENDENT AGENCIES

20 DEPARTMENT OF VETERANS AFFAIRS

21 VETERANS BENEFITS ADMINISTRATION

22 COMPENSATION AND PENSIONS

23 For an additional amount for ‘‘Compensation and

24 pensions’’, $550,000,000, to remain available until ex25 pended.
47

S. 1768 PCS

1 CHAPTER 11

2 OFFSETS AND RESCISSIONS

3 DEPARTMENT OF AGRICULTURE

4 FOOD SAFETY AND INSPECTION SERVICE

5 (RESCISSION)

6 Of the funds made available under this heading in

7 Public Law 105–86, $502,000 are rescinded.

8 FARM SERVICE AGENCY

9 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

10 ACCOUNT

11 (RESCISSION)

12 Of the funds made available for the cost of the unsub13 sidized guaranteed operating loans under this heading in

14 Public Law 105–86, $6,736,197 are rescinded.

15 RURAL HOUSING SERVICE

16 SALARIES AND EXPENSES

17 (RESCISSION)

18 Of the funds made available under this heading in

19 Public Law 105–86, $846,000 are rescinded.

20 DEPARTMENT OF THE INTERIOR

21 BUREAU OF LAND MANAGEMENT

22 MANAGEMENT OF LANDS AND RESOURCES

23 (RESCISSION)

24 Of the funds made available under this heading in

25 Public Law 104–208, $1,188,000 are rescinded.
48

S. 1768 PCS

1 OREGON AND CALIFORNIA GRANT LANDS

2 (RESCISSION)

3 Of the funds made available under this heading in

4 Public Law 104–208, $2,500,000 are rescinded.

5 UNITED STATES FISH AND WILDLIFE SERVICE

6 RESOURCE MANAGEMENT

7 (RESCISSION)

8 Of the funds made available under this heading in

9 Public Law 105–18, $250,000 are rescinded.

10 CONSTRUCTION

11 (RESCISSION)

12 Of the funds made available under this heading in

13 Public Law 104–208, $1,188,000 are rescinded.

14 NATIONAL PARK SERVICE

15 CONSTRUCTION

16 (RESCISSION)

17 Of the funds made available under this heading in

18 Public Law 104–208, $1,638,000 are rescinded.

19 BUREAU OF MINES

20 MINES AND MINERALS

21 (RESCISSIONS)

22 The following amounts, totaling $1,605,000, are re23 scinded from funds made available under this heading: in

24 Public Law 103–332, $1,255,000; in Public Law 103–

25 138, $60,000; in Public Law 102–381, $173,000; and in

26 Public Law 102–154, $117,000.
49

S. 1768 PCS

1 BUREAU OF INDIAN AFFAIRS

2 CONSTRUCTION

3 (RESCISSION)

4 Of the funds made available under this heading in

5 Public Law 104–208, $837,000 are rescinded.

6 DEPARTMENT OF TRANSPORTATION

7 OFFICE OF THE SECRETARY

8 PAYMENTS TO AIR CARRIERS

9 (RESCISSION)

10 Of the funds made available under this heading in

11 Public Law 101–516 and subsequently obligated,

12 $2,499,000 shall be deobligated and are hereby rescinded.

13 PAYMENTS TO AIR CARRIERS

14 (AIRPORT AND AIRWAY TRUST FUND)

15 (RESCISSION)

16 Of the budgetary resources provided for ‘‘Small Com17 munity Air Service’’ by Public Law 101–508 for fiscal

18 years prior to fiscal year 1998, $3,000,000 are rescinded.

19 FEDERAL AVIATION ADMINISTRATION

20 GRANTS-IN-AID FOR AIRPORTS

21 (AIRPORT AND AIRWAY TRUST FUND)

22 (RESCISSION OF CONTRACT AUTHORIZATION)

23 Of the unobligated balances authorized under 49

24 U.S.C. 48103 as amended, $185,893,000 are rescinded.
50

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1 FEDERAL RAILROAD ADMINISTRATION

2 CONRAIL LABOR PROTECTION

3 (RESCISSION)

4 Of the budgetary resources provided by direct appro5 priation and by transfer for ‘‘Conrail Labor Protection’’,

6 unobligated balances of $508,234 are rescinded.

7 DEPARTMENT OF THE TREASURY

8 UNITED STATES CUSTOMS SERVICE

9 SALARIES AND EXPENSES

10 (RESCISSION)

11 Of the funds made available under this heading in

12 Public Law 104–208, $5,300,000, and in Public Law

13 104–208, as amended by Public Law 105–18, $6,000,000

14 are rescinded.

15 INTERNAL REVENUE SERVICE

16 INFORMATION TECHNOLOGY INVESTMENTS

17 (RESCISSION)

18 Of the funds made available under this heading in

19 Public Law 105–61, $33,410,000 are rescinded.

20 GENERAL PROVISION, CHAPTER 11

21 SEC. 1101. Not to exceed $67,400,000 may be obli22 gated in fiscal year 1998 for contracts with Utilization and

23 Quality Control Peer Review Organizations pursuant to

24 part B of title XI of the Social Security Act.
51

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1 TITLE II—GENERAL PROVISIONS—THIS ACT

2 SEC. 2001. No part of any appropriation contained

3 in this Act shall remain available for obligation beyond

4 the current fiscal year unless expressly so provided herein.

5 SEC. 2002. None of the funds appropriated or other6 wise made available in this or any other Act may be obli7 gated or expended by the Patent and Trademark Office

8 to plan for the design, construction or lease of new facili9 ties until 30 days after the submission of a report, to be

10 delivered not later than May 1, 1998, to the Committees

11 on Appropriations analyzing the cost versus the benefit of

12 relocating to a new facility, and the cost associated with

13 leasing versus lease-purchase, federal construction, or

14 other alternatives for new space, and shall only be made

15 available in accordance with section 605 of Public Law

16 105–119.

17 SEC. 2003. Funds appropriated pursuant to Public

18 Law 105–78 to carry out Title XX of the Public Health

19 Service Act are available for use for prevention service

20 demonstration grants without application of the limitation

21 of section 2010(c) of that Title.

22 SEC. 2004. PROVISIONS RELATING TO UNIVERSAL

23 SERVICE SUPPORT FOR PUBLIC INSTITUTIONAL TELE24 COMMUNICATIONS USERS. (a) NO INFERENCE REGARD25 ING EXISTING UNIVERSAL SERVICE ADMINISTRATIVE
52

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1 MECHANISM.—Nothing in this section may be considered

2 as expressing the approval of the Congress of the action

3 of the Federal Communications Commission in establish4 ing, or causing to be established, one or more corporations

5 to administer the schools and libraries program and the

6 rural health care provider program under section 254(h)

7 of the Communications Act of 1934 (47 U.S.C. 254(h)),

8 or the approval of any provision of such programs.

9 (b) FCC TO REPORT TO THE CONGRESS.—

10 (1) REPORT DUE DATE.—Pursuant to the find11 ings of the General Accounting Office (B–278820)

12 dated February 10, 1998, the Federal Communica13 tions Commission shall, by May 8, 1998, submit a

14 2-part report to the Congress under this section.

15 (2) REVISED STRUCTURE.—The report shall

16 propose a revised structure for the administration of

17 the programs established under section 254(h) of the

18 Communications Act of 1934 (47 U.S.C. 254(h)).

19 The revised structure shall consist of a single entity.

20 (A) LIMITATION ON ADMINISTRATION OF

21 PROGRAMS.—The entity proposed by the Com22 mission to administer the programs—

23 (i) is limited exclusively to the min24 isterial acts of processing the applications

25 necessary to determine eligibility for dis-
53

S. 1768 PCS

1 counts under section 254(h) of the Com2 munications Act of 1934 (47 U.S.C.

3 254(h)) as determined by the Commission;

4 (ii) may not administer the programs

5 in any manner that requires that entity to

6 interpret the intent of the Congress in es7 tablishing the programs or interpret any

8 rule promulgated by the Commission in

9 carrying out the programs.

10 (B) APA REQUIREMENTS WAIVED.—In

11 preparing the report required by this section,

12 the Commission shall find that good cause ex13 ists to waive the requirements of section 553 of

14 title 5, United States Code, to the extent nec15 essary to enable the Commission to submit the

16 report to the Congress by May 8, 1998.

17 (3) REPORT ON FUNDING OF SCHOOLS AND LI18 BRARIES PROGRAM AND RURAL HEALTH CARE PRO19 GRAM.—The report required by this section shall

20 also provide the following information about the con21 tributions to, and requests for funding from, the

22 schools and libraries subsidy program:

23 (A) An estimate of the expected reductions

24 in interstate access charges anticipated on July

25 1, 1998, including individual estimates of—
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1 (i) the value of the current price cap

2 formula, excluding the ‘‘g’’ (growth) com3 ponent;

4 (ii) the value of the ‘‘g’’ (growth)

5 component;

6 (iii) the value of the exogenous cost

7 component;

8 (iv) the amount of available head9 room; and

10 (v) the amount of reductions for in11 cumbent local exchange carriers still sub12 ject to rate-of-return regulation.

13 (B) The 1997 interstate rate of return for

14 each incumbent local exchange carrier subject

15 to price cap regulation;

16 (C) Based on the information in subpara17 graphs (A) and (B), a complete explanation and

18 accounting for any headroom claimed to be

19 available to an incumbent local exchange carrier

20 whose actual rate of return is greater than

21 11.25 percent.

22 (D) An accounting of the total contribu23 tions to the universal service fund that are

24 available for use to support the schools and li25 braries program under section 254(h) of the
55

S. 1768 PCS

1 Communications Act of 1934 (47 U.S.C.

2 254(h)) for the second quarter of 1998.

3 (E) An accounting of the amount of the

4 contribution described in subparagraph (D)

5 that the Commission expects to receive from—

6 (i) incumbent local exchange carriers;

7 (ii) interexchange carriers;

8 (iii) information service providers;

9 (iv) commercial mobile radio service

10 providers; and

11 (v) any other provider.

12 (F) With regard to incumbent local ex13 change carriers—

14 (i) the amount of the contribution for

15 universal services under section 254 of the

16 Communications Act of 1934 (47 U.S.C.

17 254) that will be recovered from subscrib18 ers; and

19 (ii) the amount that will be passed on

20 to interexchange carriers in the form of in21 creased access charges, the access and end22 user rate elements in which any increase in

23 incumbent local exchange carrier contribu24 tions will be reflected, and an explanation

25 of why this method of cost recovery is con-
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1 sistent with the goal of competitive neu2 trality set forth in section 254(d) of that

3 Act (47 U.S.C. 254(d)).

4 (G) Based on the applications for funding

5 under section 254(h) of the Communications

6 Act of 1934 (47 U.S.C. 254(h)) received as of

7 April 15, 1998, an estimate of the costs of pro8 viding universal service support to schools and

9 libraries under that section disaggregated by el10 igible services and facilities as set forth in the

11 eligibility list of the Schools and Libraries Cor12 poration, including—

13 (i) the amounts requested for costs

14 associated with telecommunications serv15 ices;

16 (ii) the amounts requested for costs

17 described in clause (i) plus the costs of in18 ternal connections under the program; and

19 (iii) the amounts requested for the

20 costs described in clause (ii), plus the cost

21 of internet access.

22 (H) A justification for the amount, if any,

23 by which the total requested disbursements

24 from the fund described in subparagraph (G)
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S. 1768 PCS

1 exceeds the amount of available contributions

2 described in subparagraph (D).

3 (I) Based on the amount described in sub4 paragraph (G), an estimate of the amount of

5 contributions that will be required for the

6 schools and libraries program in the third and

7 fourth quarters of 1998, and, to the extent

8 these estimated contributions for the third and

9 fourth quarter exceed the current second-quar10 ter contribution, the Commission shall provide

11 an estimate of the amount of support that will

12 be needed for each of the eligible services and

13 facilities as set forth in the eligibility list of the

14 Schools and Libraries Corporation, and

15 disaggregated as specified in subparagraph (G).

16 (J) An explanation of why restricting the

17 basis of telecommunications carriers’ contribu18 tions to universal service under 254(a)(3) of the

19 Communications Act of 1934 (47 U.S.C.

20 254(a)(3)) to interstate revenues, while requir21 ing that contributions to universal service under

22 section 254(h) of that Act (47 U.S.C. 254(h))

23 be based on both interstate as well as intrastate

24 revenues, is consistent with the provisions of

25 section 254(d) of that Act (47 U.S.C. 254(d)).
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1 (K) An explanation as to whether access

2 charge reductions should be passed through on

3 a dollar-for-dollar basis to each customer class

4 on a proportionate basis.

5 (c) SCHOOLS AND LIBRARIES PROGRAM ASSISTANCE

6 CRITERIA.—In carrying out the schools and libraries pro7 gram under paragraphs (1)(B) and (2) of section 254(h)

8 of the Communications Act of 1934 (47 U.S.C. 254(h)),

9 the Commission shall prioritize assistance on the basis of

10 need. In determining need under this section, the Commis11 sion shall make funds available for distance delivery edu12 cation programs where advanced learning technologies are

13 not otherwise available at affordable rates.

14 (d) IMPOSITION OF CAP ON COMPENSATION OF INDI15 VIDUALS EMPLOYED TO CARRY OUT THE PROGRAMS.—

16 No officer or employee of the entity to be proposed to be

17 established under subsection (b)(2) of this section may be

18 compensated at an annual rate of pay, including any non19 regular, extraordinary, or unexpected payment based on

20 specific determinations of exceptionally meritorious service

21 or otherwise, bonuses, or any other compensation (either

22 monetary or in-kind), which exceeds the rate of basic pay

23 in effect from time to time for level I of the Executive

24 Schedule under section 5312 of title 5, United States

25 Code.
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1 (e) SECOND-HALF 1998 CONTRIBUTIONS.—Before

2 June 1, 1998, the Federal Communications Commission

3 may not—

4 (1) adjust the contribution factors for tele5 communications carriers under section 254; or

6 (2) collect any such contribution due for the

7 third or fourth quarter of calendar year 1998.

8 This Act may be cited as the ‘‘1998 Emergency Sup9 plemental Appropriations Act for Recovery From Natural

10 Disasters, and for Overseas Peacekeeping Efforts’’.
Calendar No. 326

105TH CONGRESS

2D SESSION S. 1768

[Report No. 105–168]

A BILL

Making emergency supplemental appropriations for

September 30, 1998, and for other purposes.peacekeeping efforts, for the fiscal year endingrecovery from natural disasters, and for overseas

MARCH 17, 1998

Read twice and placed on the calendar