Union Calendar No. 105

103D CONGRESS

1ST SESSION H. R. 2667

[Report No. 103–184]

A BILL

Making emergency supplemental appropriations for

1993, and for other purposes.Midwest for the fiscal year ending September 30,relief from the major, widespread flooding in the

JULY 20, 1993

Committed to the Committee of the Whole House on

the State of the Union and ordered to be printed
IB

Union Calendar No. 105

103D CONGRESS

1ST SESSION H. R. 2667

[Report No. 103–184]

Making emergency supplemental appropriations for relief from the major,

widespread flooding in the Midwest for the fiscal year ending September

30, 1993, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 20, 1993

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

bill; which was committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

A BILL

Making emergency supplemental appropriations for relief

from the major, widespread flooding in the Midwest for

the fiscal year ending September 30, 1993, 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, to pro5 vide emergency supplemental appropriations for relief
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1 from the major, widespread flooding in the Midwest for

2 the fiscal year ending September 30, 1993, and for other

3 purposes, namely:

4 CHAPTER I

5 DEPARTMENT OF AGRICULTURE, RURAL DE6 VELOPMENT, FOOD AND DRUG ADMINIS7 TRATION, AND RELATED AGENCIES

8 DEPARTMENT OF AGRICULTURE

9 COMMODITY CREDIT CORPORATION

10 COMMODITY CREDIT CORPORATION FUND

11 For an additional amount for the ‘‘Commodity Credit

12 Corporation Fund’’ to cover 1993 crop losses resulting

13 from excessive rainfall, hail, and floods associated with the

14 Midwest floods of 1993, other 1993 natural disasters oc15 curring prior to August 1, 1993, and natural disasters as

16 declared by the President occurring in calendar year 1993,

17 $850,000,000, and in addition $300,000,000, which shall

18 be available only to the extent an official budget request

19 for a specific dollar amount, that includes designation of

20 the entire amount of the request as an emergency require21 ment as defined in the Balanced Budget and Emergency

22 Deficit Control Act of 1985, as amended, is transmitted

23 by the President to Congress, the total to remain available

24 until June 30, 1994: Provided, That from funds previously

25 made available in Public Law 102–368 by Presidential
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1 declaration, $100,000,000 to remain available until March

2 31, 1994, shall be for 1993 crop losses only: Provided fur3 ther, That if prior to April 1, 1994, the President deter4 mines that extraordinary circumstances exist that warrant

5 further assistance, the Secretary of Agriculture shall use

6 such funds of the Commodity Credit Corporation as are

7 necessary to make payments in an amount equal to 50.04

8 percent of each eligible claim as determined under title

9 XXII of Public Law 101–624 and to make payments for

10 catastrophic losses where the deficiency in production of

11 the crop exceeds 75 percent: Provided further, That all ad12 ditional amounts made available herein are subject to the

13 terms and conditions in Public Law 101–624: Provided

14 further, That no payments to producers under this Act

15 shall be at a rate greater than 50.04 percent of each eligi16 ble claim, except that for the deficiency in production of

17 the crop in excess of 75 percent, the rate of payment shall

18 be 90 percent: Provided further, That Congress hereby

19 designates the entire amount provided herein as an emer20 gency requirement pursuant to section 251(b)(2)(D)(i) of

21 the Balanced Budget and Emergency Deficit Control Act

22 of 1985, as amended: Provided further, That notwith23 standing any provision of Public Law 103–50, funds pro24 vided by such Act shall not be expended for 1993 crop

25 losses resulting from 1993 natural disasters, and claims
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1 for assistance from funds provided by that Act by produc2 ers with 1990, 1991, and 1992 crop losses shall be paid

3 only to the extent such claims are filed by September 17,

4 1993.

5 SOIL CONSERVATION SERVICE

6 WATERSHED AND FLOOD PREVENTION OPERATIONS

7 For an additional amount to repair damages to the

8 waterways and watersheds resulting from the Midwest

9 floods and other natural disasters of 1993, $25,000,000,

10 to remain available until June 30, 1994 to carry out the

11 Emergency Watershed Protection Program of the Soil

12 Conservation Service: Provided, That the entire amount

13 is designated by Congress as an emergency requirement

14 pursuant to section 251(b)(2)(D)(i) of the Balanced

15 Budget and Emergency Deficit Control Act of 1985, as

16 amended.

17 AGRICULTURAL STABILIZATION AND CONSERVATION

18 SERVICE

19 EMERGENCY CONSERVATION PROGRAM

20 For an additional amount for emergency expenses re21 sulting from the Midwest floods and other natural disas22 ters of 1993, $20,000,000, to remain available until June

23 30, 1994: Provided, That the entire amount is designated

24 by Congress as an emergency requirement pursuant to
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1 section 251(b)(2)(D)(i) of the Balanced Budget and

2 Emergency Deficit Control Act of 1985, as amended.

3 CHAPTER II

4 DEPARTMENTS OF COMMERCE, JUSTICE, AND

5 STATE, THE JUDICIARY, AND RELATED

6 AGENCIES

7 DEPARTMENT OF COMMERCE

8 ECONOMIC DEVELOPMENT ADMINISTRATION

9 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

10 For an additional amount for emergency expenses re11 sulting from the Midwest floods of 1993 and other disas12 ters, $100,000,000, to remain available until expended, for

13 disaster assistance grants pursuant to the Public Works

14 and Economic Development Act of 1965, as amended:

15 Provided, That the entire amount shall be available only

16 to the extent an official budget request for a specific dollar

17 amount, that includes designation of the entire amount of

18 the request as an emergency requirement as defined in

19 the Balanced Budget and Emergency Deficit Control Act

20 of 1985, as amended, is transmitted by the President to

21 Congress: Provided further, That the entire amount is des22 ignated by Congress as an emergency requirement pursu23 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

24 Emergency Deficit Control Act of 1985, as amended.
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1 NATIONAL OCEANIC AND ATMOSPHERIC

2 ADMINISTRATION

3 OPERATIONS, RESEARCH, AND FACILITIES

4 For an additional amount for emergency expenses re5 sulting from the Midwest floods of 1993 and other disas6 ters, $1,000,000, to remain available until expended: Pro7 vided, That the entire amount is designated by Congress

8 as an emergency requirement pursuant to section

9 251(b)(2)(D)(i) of the Balanced Budget and Emergency

10 Deficit Control Act of 1985, as amended.

11 RELATED AGENCIES

12 LEGAL SERVICES CORPORATION

13 PAYMENT TO THE LEGAL SERVICES CORPORATION

14 For an additional amount for ‘‘Payment to the Legal

15 Services Corporation’’ for emergency assistance to Legal

16 Services Corporation basic field programs in areas af17 fected by the Midwest floods of 1993 and other disasters,

18 $300,000, to remain available until expended: Provided,

19 That the entire amount is designated by Congress as

20 an emergency requirement pursuant to section

21 251(b)(2)(D)(i) of the Balanced Budget and Emergency

22 Deficit Control Act of 1985, as amended, contingent upon

23 the President designating the entire amount as an emer24 gency requirement pursuant to the Balanced Budget and

25 Emergency Deficit Control Act of 1985, as amended.
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1 SMALL BUSINESS ADMINISTRATION

2 DISASTER LOANS PROGRAM ACCOUNT

3 For an additional amount for ‘‘Disaster Loans Pro4 gram Account’’ for the cost of direct loans for the Midwest

5 floods and other disasters, $60,000,000, to remain avail6 able until expended; and in addition, for associated admin7 istrative expenses to carry out the disaster loan program,

8 an additional $10,000,000, to remain available until ex9 pended, which may be transferred to and merged with the

10 appropriations for ‘‘Salaries and expenses’’: Provided,

11 That the entire amount is designated by Congress as

12 an emergency requirement pursuant to section

13 251(b)(2)(D)(i) of the Balanced Budget and Emergency

14 Deficit Control Act of 1985, as amended.

15 CHAPTER III

16 ENERGY AND WATER DEVELOPMENT

17 DEPARTMENT OF DEFENSE—CIVIL

18 DEPARTMENT OF THE ARMY

19 CORPS OF ENGINEERS—CIVIL

20 FLOOD CONTROL AND COASTAL EMERGENCIES

21 For an additional amount for ‘‘Flood Control and

22 Coastal Emergencies’’, $100,000,000, for the Midwest

23 floods and other disasters, and in addition $20,000,000,

24 which shall be available only to the extent an official budg25 et request for a specific dollar amount, that includes des-
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1 ignation of the entire amount of the request as an emer2 gency requirement as defined in the Balanced Budget and

3 Emergency Deficit Control Act of 1985, as amended, is

4 transmitted by the President to Congress, to remain avail5 able until expended: Provided, That the entire amount is

6 designated by Congress as an emergency requirement pur7 suant to section 251(b)(2)(D)(i) of the Balanced Budget

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

9 OPERATION AND MAINTENANCE, GENERAL

10 For an additional amount for ‘‘Operation and Main11 tenance, General’’, $30,000,000, to remain available until

12 expended: Provided, That the entire amount is designated

13 by Congress as an emergency requirement pursuant to

14 section 251(b)(2)(D)(i) of the Balanced Budget and

15 Emergency Deficit Control Act of 1985, as amended.

16 CHAPTER IV

17 DEPARTMENTS OF LABOR, HEALTH AND

18 HUMAN SERVICES, EDUCATION, AND RE19 LATED AGENCIES

20 DEPARTMENT OF LABOR

21 EMPLOYMENT AND TRAINING ADMINISTRATION

22 TRAINING AND EMPLOYMENT SERVICES

23 For an additional amount for disaster relief for the

24 Midwest flood for activities authorized by part B of title

25 III of the Job Training Partnership Act, $43,500,000, to
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1 be available for obligation for the period July 1, 1993,

2 through June 30, 1994, which shall be available only to

3 the extent an official budget request for a specific dollar

4 amount, that includes designation of the entire amount of

5 the request as an emergency requirement as defined in

6 the Balanced Budget and Emergency Deficit Control Act

7 of 1985, as amended, is transmitted by the President to

8 the Congress: Provided, That the entire amount is des9 ignated by Congress as an emergency requirement, pursu10 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

11 Emergency Deficit Control Act of 1985, as amended.

12 DEPARTMENT OF HEALTH AND HUMAN

13 SERVICES

14 ASSISTANT SECRETARY FOR HEALTH

15 PUBLIC HEALTH EMERGENCY FUND

16 For an additional amount for disaster relief for the

17 Midwest floods of 1993, $54,000,000, to remain available

18 until expended, which shall be available only to the extent

19 an official budget request for a specific dollar amount,

20 that includes designation of the entire amount of the re21 quest as an emergency requirement as defined in the Bal22 anced Budget and Emergency Deficit Control Act of 1985,

23 as amended, is transmitted by the President to the Con24 gress: Provided, That the entire amount is designated by

25 Congress as an emergency requirement pursuant to sec-
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1 tion 251(b)(2)(D)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985, as amended.

3 CHAPTER V

4 DEPARTMENT OF TRANSPORTATION AND

5 RELATED AGENCIES

6 DEPARTMENT OF TRANSPORTATION

7 UNITED STATES COAST GUARD

8 OPERATING EXPENSES

9 For an additional amount for emergency expenses re10 sulting from the Midwest floods of 1993, $10,000,000, to

11 remain available until March 31, 1994, which shall be

12 available only to the extent an official budget request for

13 a specific dollar amount, that includes designation of the

14 entire request as an emergency requirement as defined in

15 the Balanced Budget and Emergency Deficit Control Act

16 of 1985, as amended, is transmitted by the President to

17 the Congress: Provided, That the entire amount is des18 ignated by Congress as an emergency requirement pursu19 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

20 Emergency Deficit Control Act of 1985, as amended.

21 FEDERAL HIGHWAY ADMINISTRATION

22 FEDERAL-AID HIGHWAYS

23 (HIGHWAY TRUST FUND)

24 For an additional amount for emergency expenses re25 sulting from the Midwest floods of 1993 and other disas-
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1 ters, as authorized by 23 U.S.C. 125, $75,000,000, and

2 in addition $25,000,000, which shall be available only to

3 the extent an official budget request for a specific dollar

4 amount, that includes designation of the entire amount of

5 the request as an emergency requirement as defined in

6 the Balanced Budget and Emergency Deficit Control Act

7 of 1985, as amended, is transmitted by the President to

8 the Congress, all to be derived from the Highway Trust

9 Fund and to remain available until September 30, 1996:

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

12 251(b)(2)(D)(i) of the Balanced Budget and Emergency

13 Deficit Control Act of 1985, as amended.

14 FEDERAL RAILROAD ADMINISTRATION

15 LOCAL RAIL FREIGHT ASSISTANCE

16 For additional expenses pursuant to section 5 of the

17 Department of Transportation Act (49 U.S.C. app. 1654),

18 to repair and rebuild rail lines of other than class I rail19 roads as defined by the Interstate Commerce Commission

20 or railroads owned or controlled by a class I railroad, hav21 ing carried 5 million gross ton miles or less per mile dur22 ing the prior year, and damaged as a result of the Midwest

23 floods of 1993, $11,000,000, and in addition, notwith24 standing any other provision of law, $10,000,000 to repair

25 and rebuild rail lines of any railroad subject to the discre-
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1 tion of the Secretary of Transportation on a case by case

2 basis: Provided, That for the purposes of administering

3 this emergency relief, the Secretary of Transportation

4 shall have authority to make funds available notwithstand5 ing subsections (a), (b) (1) and (3), (c), (e)–(h) and (o)

6 of 49 U.S.C. app. 1654 as the Secretary deems appro7 priate and shall consider the extent to which the State

8 has available unexpended local rail freight assistance

9 funds or available repaid loan funds: Provided further,

10 That, notwithstanding 49 U.S.C. app. 1654(f), the Sec11 retary may prescribe the form and time for applications

12 for assistance made available herein: Provided further,

13 That these funds shall be available only to the extent an

14 official budget request, for a specific dollar amount, that

15 includes designation of the entire amount of the request

16 as an emergency requirement as defined in the Balanced

17 Budget and Emergency Deficit Control Act of 1985, as

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

19 Provided further, That the entire amount is designated by

20 Congress as an emergency requirement pursuant to sec21 tion 251(b)(2)(D)(i) of the Balanced Budget and Emer22 gency Deficit Control Act of 1985, as amended: Provided

23 further, That all funds made available under this head are

24 to remain available until expended.
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1 CHAPTER VI

2 DEPARTMENTS OF VETERANS AFFAIRS AND

3 HOUSING AND URBAN DEVELOPMENT, AND

4 INDEPENDENT AGENCIES

5 DEPARTMENT OF HOUSING AND URBAN

6 DEVELOPMENT

7 HOUSING PROGRAMS

8 HOME INVESTMENT PARTNERSHIPS PROGRAM

9 For an additional amount for the ‘‘HOME invest10 ment partnerships program’’, as authorized under title II

11 of the Cranston-Gonzalez National Affordable Housing

12 Act, for use only in areas affected by flooding in the Mid13 west, $100,000,000, to remain available until September

14 30, 1994: Provided, That in administering these funds, the

15 Secretary may waive any provision of any statute or regu16 lation that the Secretary administers, except for provisions

17 requiring nondiscrimination, in connection with the obliga18 tion by the Secretary or any use by the recipient of these

19 funds upon finding that such waiver is required to facili20 tate the obligation and use of such funds and would not

21 be in conflict with the overall purpose of the statute or

22 regulation: Provided further, That the entire amount is

23 designated by Congress as an emergency requirement pur24 suant to section 251(b)(2)(D)(i) of the Balanced Budget

25 and Emergency Deficit Control Act of 1985, as amended.
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1 COMMUNITY PLANNING AND DEVELOPMENT

2 COMMUNITY DEVELOPMENT GRANTS

3 For an additional amount for ‘‘Community develop4 ment grants’’, as authorized under title I of the Housing

5 and Community Development Act of 1974, for authorized

6 community development activities only in areas affected

7 by flooding in the Midwest, $53,000,000, to remain avail8 able until September 30, 1994: Provided, That in admin9 istering these funds, the Secretary may waive entirely, or

10 in any part, any requirement set forth in title I of such

11 Act, except for requirements relating to fair housing and

12 nondiscrimination, the environment, and labor standards,

13 if the Secretary finds that such waiver will further the

14 purposes for which these funds are appropriated: Provided

15 further, That the entire amount is designated by Congress

16 as an emergency requirement pursuant to section

17 251(b)(2)(D)(i) of the Balanced Budget and Emergency

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

19 That all of the funds provided under this head in this Act

20 shall be used only to repair, replace, or restore facilities

21 damaged or to continue services interrupted by flooding

22 that are essential to public health or safety as defined by

23 the Secretary.
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1 INDEPENDENT AGENCIES

2 FEDERAL EMERGENCY MANAGEMENT AGENCY

3 DISASTER RELIEF

4 For an additional amount for ‘‘Disaster relief’’,

5 $815,000,000, to remain available until expended, for the

6 Midwest floods and other disasters: Provided, That the en7 tire amount is designated by Congress as an emergency

8 requirement pursuant to section 251(b)(2)(D)(i) of the

9 Balanced Budget and Emergency Deficit Control Act of

10 1985, as amended.

11 COMMISSION ON NATIONAL AND COMMUNITY

12 SERVICE

13 PROGRAMS AND ACTIVITIES

14 For use in carrying out Federal disaster relief pro15 grams, activities, and initiatives under subtitles C, E, F,

16 and G of the National and Community Service Act of 1990

17 (Public Law 101–610), as the Board determines necessary

18 to carry out programs related to the floods in the Midwest,

19 $2,000,000, to remain available until September 30, 1994:

20 Provided, That the entire amount is designated by Con21 gress as an emergency requirement pursuant to section

22 251(b)(2)(D)(i) of the Balanced Budget and Emergency

23 Deficit Control Act of 1985, as amended.
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1 CHAPTER VII

2 DEPARTMENT OF THE INTERIOR AND

3 RELATED AGENCIES

4 DEPARTMENT OF THE INTERIOR

5 UNITED STATES FISH AND WILDLIFE SERVICE

6 CONSTRUCTION AND ANADROMOUS FISH

7 For an additional amount for ‘‘Construction and

8 Anadromous Fish’’, $26,354,000, for the Midwest floods,

9 to remain available until expended: Provided, That the en10 tire amount is designated by Congress as an emergency

11 requirement pursuant to section 251(b)(2)(D)(i) of the

12 Balanced Budget and Emergency Deficit Control Act of

13 1985 as amended.

14 NATIONAL PARK SERVICE

15 CONSTRUCTION

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

17 $850,000, for the Midwest floods, to remain available until

18 expended: Provided, That the entire amount is designated

19 by Congress as an emergency requirement pursuant to

20 section 251(b)(2)(D)(i) of the Balanced Budget and

21 Emergency Deficit Control Act of 1985, as amended.

22 UNITED STATES GEOLOGICAL SURVEY

23 SURVEYS, INVESTIGATIONS AND RESEARCH

24 For an additional amount for ‘‘Surveys, investiga25 tions and research’’, $851,000, for the Midwest floods, to
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1 remain available until expended: Provided, That the entire

2 amount is designated by Congress as an emergency re3 quirement pursuant to section 251(b)(2)(D)(i) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985,

5 as amended.

6 CHAPTER VIII

7 GENERAL PROVISIONS

8 SEC. 701. No part of any appropriation contained in

9 this Act shall remain available for obligation beyond the

10 current fiscal year unless expressly so provided herein.

11 This Act may be cited as the ‘‘Emergency Supple12 mental Appropriations for Relief From the Major, Wide13 spread Flooding in the Midwest Act of 1993’’.

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