II
105TH CONGRESS
2D SESSION
H. R. 3579
IN THE SENATE OF THE UNITED STATES
MARCH 31, 1998
Received
AN ACT
Making emergency supplemental appropriations for the fiscal
year ending September 30, 1998, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
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fiscal year ending September 30, 1998, and for other pur-
poses, namely:
TITLE I
EMERGENCY SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
EMERGENCY CONSERVATION PROGRAM
For an additional amount for ‘‘Emergency Conserva-
tion Program’’ for expenses resulting from ice storms,
flooding, and other natural disasters, $20,000,000, to re-
main available until expended, which shall be available
only to the extent that an official budget request that in-
cludes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress:
Provided, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
TREE ASSISTANCE PROGRAM
An amount of $4,700,000 is provided for assistance
to replace or rehabilitate trees and vineyards damaged by
natural disasters: Provided, That the entire amount shall
be available only to the extent that an official budget re-
quest of $4,700,000, that includes designation of the en-
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tire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the en-
tire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM
ACCOUNT
For additional gross obligations for the principal
amount of emergency insured loans authorized by 7
U.S.C. 1928–1929, to be available from funds in the Agri-
cultural Credit Insurance Fund, for losses in fiscal year
1998 resulting from ice storms, flooding and other natural
disasters, $87,000,000.
For the additional cost of emergency insured loans,
including the cost of modifying loans as defined in section
502 of the Congressional Budget Act of 1974,
$21,000,000, to remain available until expended: Pro-
vided, That the entire amount shall be available only to
the extent that an official budget request for $21,000,000
that includes designation of the entire amount of the re-
quest as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Con-
gress: Provided further, That the entire amount is des-
ignated by Congress as an emergency requirement pursu-
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ant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
COMMODITY CREDIT CORPORATION FUND
LIVESTOCK DISASTER ASSISTANCE FUND
Effective only for losses incurred beginning on No-
vember 27, 1997, through the date of enactment of this
Act, $4,000,000, to implement a livestock indemnity pro-
gram to compensate producers for losses of livestock (in-
cluding ratites) due to natural disasters designated pursu-
ant to a Presidential or Secretarial declaration requested
during such period in a manner similar to catastrophic
loss coverage available for other commodities under 7
U.S.C. 1508(b): Provided, That the entire amount shall
be available only to the extent that an official budget re-
quest of $4,000,000, that includes designation of the en-
tire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the en-
tire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
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DAIRY PRODUCTION INDEMNITY ASSISTANCE PROGRAM
Effective only for losses incurred beginning on No-
vember 27, 1997, through the date of enactment of this
Act, $6,800,000 to implement a dairy production indem-
nity program to compensate producers for losses of milk
that had been produced but not marketed or for dimin-
ished production (including diminished future production
due to mastitis) due to natural disasters designated pursu-
ant to a Presidential or Secretarial declaration requested
during such period: Provided, That payments for dimin-
ished production shall be determined on a per head basis
derived from a comparison to a like production period
from the previous year, the disaster period is 180 days
starting with the date of the disaster and the payment
rate shall be $4.00 per hundredweight of milk: Provided
further, That the entire amount shall be available only to
the extent that an official budget request of $6,800,000,
that includes designation of the entire amount of the re-
quest as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Con-
gress: Provided further, That the entire amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
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NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ‘‘Watershed and Flood
Prevention Operations’’ to repair damages to the water-
ways and watersheds resulting from ice storms, flooding,
tornadoes and other natural disasters, $65,000,000, to re-
main available until expended: Provided, That the entire
amount shall be available only to the extent that an official
budget request for $65,000,000, that includes designation
of the entire amount of the request as an emergency re-
quirement as defined in the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress: Provided further,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
CHAPTER 2
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel,
Army’’, $184,000,000: Provided, That such amount is
designated by Congress as an emergency requirement pur-
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suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel,
Navy’’, $22,300,000: Provided, That such amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel,
Marine Corps’’, $5,100,000: Provided, That such amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel,
Air Force’’, $10,900,000: Provided, That such amount is
designated by Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
RESERVE PERSONNEL, NAVY
For an additional amount for ‘‘Reserve Personnel,
Navy’’, $4,100,000: Provided, That such amount is des-
ignated by Congress as an emergency requirement pursu-
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ant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Main-
tenance, Army’’, $2,586,000: Provided, That such amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That of this amount, $700,000 shall be
available only to the extent that an official budget request
for a specific dollar amount, that includes designation of
the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted
by the President to Congress.
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Main-
tenance, Navy’’, $53,800,000: Provided, That such
amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That of this amount,
$5,700,000 shall be available only to the extent that an
official budget request for a specific dollar amount, that
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includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress.
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps’’, $26,810,000: Provided, That
such amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount
shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designa-
tion of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to Congress.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $49,200,000: Provided, That such
amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That of this amount,
$21,800,000 shall be available only to the extent that an
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official budget request for a specific dollar amount, that
includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Main-
tenance, Defense-Wide’’, $1,390,000: Provided, That such
amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
OPERATION AND MAINTENANCE, ARMY RESERVE
For an additional amount for ‘‘Operation and Main-
tenance, Army Reserve’’, $650,000: Provided, That such
amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For an additional amount for ‘‘Operation and Main-
tenance, Air Force Reserve’’, $229,000: Provided, That
such amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
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anced Budget and Emergency Deficit Control Act of 1985,
as amended.
OPERATION AND MAINTENANCE, ARMY NATIONAL
GUARD
For an additional amount for ‘‘Operation and Main-
tenance, Army National Guard’’, $5,925,000: Provided,
That such amount is designated by Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That of this amount,
$5,750,000 shall be available only to the extent that an
official budget request for a specific dollar amount, that
includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For an additional amount for ‘‘Operation and Main-
tenance, Air National Guard’’, $975,000: Provided, That
such amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount
shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designa-
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tion of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to Congress.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Overseas Contingency
Operations Transfer Fund’’, $1,829,900,000: Provided,
That such amount is designated by Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the Secretary
of Defense may transfer these funds to fiscal year 1998
appropriations for operation and maintenance, working
capital funds, the Defense Health Program, procurement,
and research, development, test and evaluation: Provided
further, That the funds transferred shall be merged with
and shall be available for the same purposes and for the
same time period as the appropriation to which trans-
ferred: Provided further, That the transfer authority pro-
vided in this paragraph is in addition to any other transfer
authority contained in Public Law 105–56.
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REVOLVING AND MANAGEMENT FUNDS
NAVY WORKING CAPITAL FUND
For an additional amount for ‘‘Navy Working Capital
Fund’’, $30,467,000: Provided, That such amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That of this amount, $7,450,000 shall be
available only to the extent that an official budget request
for a specific dollar amount, that includes designation of
the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted
by the President to Congress.
DEFENSE-WIDE WORKING CAPITAL FUND
For an additional amount for ‘‘Defense-Wide Work-
ing Capital Fund’’, $1,000,000: Provided, That such
amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Pro-
gram’’, $1,900,000: Provided, That such amount is des-
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ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 201. No part of any appropriation contained in
this chapter shall remain available for obligation beyond
the current fiscal year, unless expressly so provided herein.
SEC. 202. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for intel-
ligence activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414).
SEC. 203. In addition to the amounts appropriated
to the Department of Defense under Public Law 105–56,
there is hereby appropriated $37,000,000 for the ‘‘Reserve
Mobilization Income Insurance Fund’’, to remain available
until expended: Provided, That such amount is designated
by Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit
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Control Act of 1985, as amended, is transmitted by the
President to Congress.
(INCLUDING TRANSFER OF FUNDS)
SEC. 204. (a) QUALITY ASSURANCE REPORT
ON
MILITARY HEALTH CARE.—The Secretary of Defense
shall appoint an independent panel of experts to evaluate
recent measures taken by the Acting Assistant Secretary
of Defense for Health Affairs and the Surgeons General
of the Army, Navy and Air Force to improve the quality
of care provided by the Military Health Services System.
(b) MEMBERSHIP.—(1) The panel shall be composed
of nine members appointed by the Secretary of Defense.
At least five of those members shall be persons who are
highly qualified in the medical arts, have experience in set-
ting health care standards, and possess a demonstrated
understanding of the military health care system and its
unique mission requirements. The remaining members
shall be persons who are current beneficiaries of the Mili-
tary Health Services System.
(2) The Secretary shall designate one member to
serve as chairperson of the panel.
(3) The Secretary shall appoint the members of this
panel not later than 45 days after enactment of this Act.
(c) FUNCTIONS OF THE PANEL.—The panel shall re-
view the Department of Defense Access and Quality Im-
provement Initiative announced in early 1998 (together
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with other related quality improvement actions) to assess
whether all reasonable measures have been taken to ensure
that the Military Health Services System delivers health
care services in accordance with consistently high profes-
sional standards. The panel shall specifically assess ac-
tions of the Department to accomplish the following objec-
tives of that initiative and related management actions:
(1) Upgrade professional education and train-
ing requirements for military physicians and other
health care providers;
(2) Establish ‘‘Centers of Excellence’’ for com-
plicated surgical procedures;
(3) Make timely and complete reports to the
National Practitioner Data Bank and eliminate as-
sociated reporting backlogs;
(4) Assure that Military Health Services Sys-
tem providers are properly licensed and have appro-
priate credentials;
(5) Reestablish the Quality Management Report
to aid in early identification of compliance problems;
(6) Improve communications with beneficiaries
to provide comprehensive and objective information
on the quality of care being provided;
(7) Strengthen the National Quality Manage-
ment Program;
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(8) Ensure that all laboratory work meets pro-
fessional standards; and
(9) Ensure the accuracy of patient data and in-
formation.
(d) REPORT.—Not later than six months after the
date on which the panel is established, the panel shall sub-
mit to the Secretary a report setting forth its findings and
conclusions, and the reasons therefor, and such rec-
ommendations it deems appropriate. The Secretary shall
forward the report of the panel to Congress not later than
15 days after the date on which the Secretary receives it,
together with the Secretary’s comments on the report.
(e) PANEL ADMINISTRATION.—(1) The members of
the panel shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized by law for
employees of agencies while away from their homes or reg-
ular places of business in the performance of services for
the panel.
(2) Upon request of the chairperson of the panel, the
Secretary of Defense may detail to the panel, on a non-
reimbursable basis, personnel of the Department of De-
fense to assist the panel in carrying out its duties. The
Secretary of Defense shall furnish to the panel such ad-
ministrative and support services as may be requested by
the chairman of the panel.
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(f) PANEL FINANCING.—Of the funds appropriated
in Public Law 105–56 for ‘‘Research, Development, Test
and Evaluation, Navy’’, $5,000,000 shall be transferred
to ‘‘Defense Health Program’’, to be available through fis-
cal year 1999, only for administrative costs of this panel
and for the express purpose of initiating or accelerating
any activity identified by the panel that will improve the
quality of health care provided by the Military Health
Services System.
CHAPTER 3
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
OPERATION AND MAINTENANCE, GENERAL
For emergency repairs due to flooding and other nat-
ural disasters, $84,457,000, to remain available until ex-
pended, of which such amounts for eligible navigation
projects which may be derived from the Harbor Mainte-
nance Trust Fund pursuant to Public Law 99–662, shall
be derived from that Fund: Provided, That the entire
amount shall be available only to the extent an official
budget request for a specific dollar amount that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended,
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is transmitted by the President to Congress: Provided fur-
ther, That the entire amount is designated by Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
WATER AND RELATED RESOURCES
For an additional amount for ‘‘Water and Related
Resources’’ to repair damage caused by floods and other
natural disasters, $4,520,000, to remain available until ex-
pended, which shall be available only to the extent that
an official budget request for a specific dollar amount that
includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress:
Provided, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 301. The Secretary of the Army shall not au-
thorize, permit, or undertake any activity to stabilize,
cover, or permanently alter the site where the Kennewick
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Man remains were discovered prior to the final disposition
of the lawsuit entitled Bonnichsen, et al. v. United States,
et al. and designated as United States District Court, Dis-
trict of Oregon CV No. 96–1481, unless such district
court makes a determination that such activity is reason-
able and necessary in light of potential adverse impacts
on scientific investigation of the site or other relevant con-
siderations. For the purposes of this section, the term
‘‘site’’ means any land, beach, or river bank within 100
yards of the location where any portion of the Kennewick
Man remains were discovered.
CHAPTER 4
DEPARTMENT OF THE INTERIOR
UNITED STATES FISH AND WILDLIFE SERVICE
CONSTRUCTION
For an additional amount for ‘‘Construction’’,
$28,938,000, to remain available until expended, to repair
damage caused by floods and other acts of nature: Pro-
vided, That the entire amount is designated by Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That of such amount, $25,000,000 shall be available only
to the extent that an official budget request for a specific
dollar amount that includes designation of the entire
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amount of the request as an emergency requirement as
defined in such Act is transmitted by the President to
Congress.
NATIONAL PARK SERVICE
CONSTRUCTION
For an additional amount for ‘‘Construction’’, to re-
pair damage caused by floods and other acts of nature,
$8,500,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That such
amount shall be available only to the extent that an official
budget request for a specific dollar amount that includes
designation of the entire amount of the request as an
emergency requirement as defined in such Act is transmit-
ted by the President to Congress.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘‘Surveys, Investiga-
tions, and Research’’ for emergency expenses resulting
from floods and other acts of nature, $1,000,000, to re-
main available until expended: Provided, That the entire
amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Bal-
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anced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That such amount shall be
available only to the extent that an official budget request
for a specific dollar amount that includes designation of
the entire amount of the request as an emergency require-
ment as defined in such Act is transmitted by the Presi-
dent to Congress.
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
STATE AND PRIVATE FORESTRY
For an additional amount for ‘‘State and Private
Forestry’’ for emergency expenses resulting from damages
from ice storms, tornadoes and other natural disasters,
$48,000,000, to remain available until expended: Pro-
vided, That the entire amount is designated by Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That of such amount, $28,000,000 shall be available only
to the extent that an official budget request for a specific
dollar amount that includes designation of the entire
amount of the request as an emergency requirement as
defined in such Act is transmitted by the President to
Congress.
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NATIONAL FOREST SYSTEM
For an additional amount for ‘‘National Forest Sys-
tem’’ for emergency expenses resulting from damages
from ice storms, tornadoes and other natural disasters,
$10,461,000, to remain available until expended: Pro-
vided, That the entire amount is designated by Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That of such amount, $5,461,000 shall be available only
to the extent that an official budget request for a specific
dollar amount that includes designation of the entire
amount of the request as an emergency requirement as
defined in such Act is transmitted by the President to
Congress.
CHAPTER 5
DEPARTMENT OF DEFENSE—MILITARY
CONSTRUCTION
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III
For an additional amount for ‘‘Base Realignment and
Closure Account, Part III’’ to cover costs arising from El
Nino related damage, $1,020,000, to be available only to
the extent that an official budget request for a specific
dollar amount that includes designation of the entire
amount of the request as an emergency requirement as
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defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to Congress: Provided, That the entire amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
FAMILY HOUSING, NAVY AND MARINE CORPS
For an additional amount for ‘‘Family Housing,
Navy and Marine Corps’’ to cover costs arising from Ty-
phoon Paka related damage, $15,600,000: Provided, That
such amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
For an additional amount for ‘‘Family Housing,
Navy and Marine Corps’’ to cover costs arising from El
Nino related damage, $1,000,000, to be available only to
the extent that an official budget request for a specific
dollar amount that includes designation of the entire
amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to Congress: Provided, That the entire amount
is designated by Congress as an emergency requirement
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pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
FAMILY HOUSING, AIR FORCE
For an additional amount for ‘‘Family Housing, Air
Force’’ to cover costs arising from Typhoon Paka related
damage, $1,500,000: Provided, That such amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
For an additional amount for ‘‘Family Housing, Air
Force’’ to cover costs arising from El Nino related dam-
age, $900,000, to be available only to the extent that an
official budget request for a specific dollar amount that
includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress:
Provided, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
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CHAPTER 6
DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
FEDERAL-AID HIGHWAYS
(HIGHWAY TRUST FUND)
For an additional amount for the Emergency Relief
Program for emergency expenses resulting from floods
and other natural disasters, as authorized by 23 U.S.C.
125, $259,000,000, to be derived from the Highway Trust
Fund and to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That of such
amount, $35,000,000 shall be available only to the extent
that an official budget request for a specific dollar amount
that includes designation of the entire amount of the re-
quest as an emergency requirement as defined in such Act
is transmitted by the President to the Congress: Provided
further, That any obligations for the Emergency Relief
Program shall not be subject to the prohibition against
obligations in section 2(e)(3)(A) and (D) of the Surface
Transportation Extension Act of 1997: Provided further,
That 23 U.S.C. 125(b)(1) shall not apply to projects re-
sulting from flooding during the fall of 1997 through the
winter of 1998 in California.
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FEDERAL RAILROAD ADMINISTRATION
EMERGENCY RAILROAD REHABILITATION AND REPAIR
For necessary expenses to repair and rebuild freight
rail lines of regional and short line railroads or a State
entity damaged by floods, $9,000,000, to be awarded to
the States subject to the discretion of the Secretary on
a case-by-case basis: Provided, That not more than
$2,650,000 shall be solely for damage incurred in the
Northern Plains States in March and April 1997: Pro-
vided further, That not more than $6,350,000 shall be
solely for damage incurred as a result of El Nino in the
fall of 1997 through the winter of 1998: Provided further,
That funds provided under this head shall be available for
rehabilitation of railroad rights-of-way, bridges, and other
facilities which are part of the general railroad system of
transportation, and primarily used by railroads to move
freight traffic: Provided further, That railroad rights-of-
way, bridges, and other facilities owned by class I railroads
are not eligible for funding under this head, unless the
rights-of-way, bridges, or other facilities are under con-
tract lease to a class II or class III railroad under which
the lessee is responsible for all maintenance costs of the
line: Provided further, That railroad rights-of-way,
bridges, and other facilities owned by passenger railroads
or by tourist, scenic, or historic railroads are not eligible
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for funding under this head: Provided further, That these
funds shall be available only to the extent an official budg-
et request for a specific dollar amount, that includes des-
ignation of the entire amount as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That
the entire amount is designated by Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That all funds made
available under this head are to remain available until
September 30, 1998.
CHAPTER 7
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANTS FUND
For an additional amount for ‘‘Community Develop-
ment Block Grants Fund’’, as authorized under title I of
the Housing and Community Development Act of 1974,
$20,000,000, which shall remain available until September
30, 2001, for use in States affected by the January, 1998
Northeast ice storm for which a Presidential disaster dec-
laration under title IV of the Robert T. Stafford Disaster
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Relief and Emergency Assistance Act has been issued, to
assist in the long-term recovery and mitigation from the
effects of that ice storm: Provided, That such funds may
be used for eligible activities, except those activities by the
Federal Emergency Management Agency or the Small
Business Administration: Provided further, That in admin-
istering these amounts, the Secretary may waive, or speci-
fy alternative requirements for any provision of any stat-
ute or regulation that the Secretary administers in connec-
tion with the obligation by the Secretary or the use by
the recipient of these funds, except for statutory require-
ments related to civil rights, fair housing and non-
discrimination, the environment, and labor standards,
upon a finding that such waiver is required to facilitate
the use of such funds: Provided further, That the entire
amount shall be available only to the extent that an official
budget request of $20,000,000, that includes designation
of the entire amount of the budget request as an emer-
gency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
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TITLE II
RESCISSIONS
DEPARTMENT OF EDUCATION
BILINGUAL AND IMMIGRANT EDUCATION
(RESCISSION)
Of the amounts made available under this heading
in Public Law 105–78, $75,000,000 are rescinded: Pro-
vided, That, to the extent necessary to carry out such re-
scission, the Secretary of Education shall deobligate funds
that have been obligated but have not been expended.
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available contract authority balances under
this heading, $610,000,000 (reduced by $243,600,000)
are rescinded.
GRANTS-IN-AID FOR AIRPORTS
(LIMITATION ON OBLIGATIONS)
Notwithstanding the provisions of Public Law 105–
66, none of the funds in this or any other Act shall be
available for the planning or execution of programs the
obligations for which are in excess of $1,425,000,000 (in-
creased by $243,600,000) in fiscal year 1998 for grants-
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in-aid for airport planning and development, and noise
compatibility planning and programs, notwithstanding
section 47117(h) of title 49, United States Code.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
PUBLIC AND INDIAN HOUSING
SECTION 8 RESERVE PRESERVATION ACCOUNT
(RESCISSION)
Of the amounts recaptured under this heading during
fiscal year 1998 and prior years, $2,193,600,000 are re-
scinded: Provided, That the Secretary of Housing and
Urban Development shall recapture $2,193,600,000 in
amounts heretofore maintained as section 8 reserves made
available to housing agencies for tenant-based assistance
under the section 8 existing housing certificate and hous-
ing voucher programs.
INDEPENDENT AGENCY
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
NATIONAL AND COMMUNITY SERVICE PROGRAMS
OPERATING EXPENSES
(RESCISSION)
Of the amounts made available under this heading
in Public Law 105–65, $250,000,000 are rescinded.
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TITLE III
GENERAL PROVISIONS—THIS ACT
SEC. 3001. No part of any appropriation contained
in this Act shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
PROHIBITION ON USE OF FUNDS FOR MILITARY
OPERATIONS AGAINST IRAQ
SEC. 3002. None of the funds appropriated or other-
wise made available by this Act may be made available
for the conduct of offensive operations by United States
Armed Forces against Iraq for the purpose of obtaining
compliance by Iraq with United Nations Security Council
Resolutions relating to inspection and destruction of weap-
ons of mass destruction in Iraq unless such operations are
specifically authorized by a law enacted after the date of
the enactment of this Act.
SENSE OF THE HOUSE ON SPENDING OFFSETS FOR
EMERGENCY SUPPLEMENTAL APPROPRIATIONS
SEC. 3003. (a) FINDINGS.—The House of Represent-
atives finds that—
(1) the House has worked diligently to balance
the Federal budget for the first time in 30 years;
(2) the House is committed to fiscal responsibil-
ity and continued balanced budgets and will not
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allow Washington to return to the days of deficit
spending;
(3) the House is committed to ensuring that the
current level of Federal discretionary spending does
not increase as a result of any emergency supple-
mental appropriations; and
(4) reducing spending to offset emergency sup-
plemental appropriations will send a clear message
to the American people that the Congress is serious
about preventing uncontrolled Federal spending.
(b) SENSE OF THE HOUSE.—It is the sense of the
House of Representatives that any emergency supple-
mental appropriations considered in the 105th Congress
shall not result in an increased level of total Federal dis-
cretionary spending.
This Act may be cited as the ‘‘1998 Emergency Sup-
plemental Appropriations Act’’.
Passed the House of Representatives March 31,
1998.
Attest:
ROBIN H. CARLE,
Clerk.