H. R. 1871—12
SEC. 304. Notwithstanding 31 U.S.C. 1502(a), 31 U.S.C. 1552(a),
and 31 U.S.C. 1553(a), funds appropriated in Public Law 101–
511, Public Law 102–396, and Public Law 103–139, under the
heading ‘‘Weapons Procurement, Navy’’, that were obligated and
expended to settle claims on the MK–50 torpedo program may
continue to be obligated and expended to settle those claims.
SEC. 305. None of the funds available to the Department of
Defense in this or any other Act shall be available to pay the
cost of operating a National Missile Defense Joint Program Office
which includes more than 55 military and civilian personnel located
in the National Capital Region.
SEC. 306. Funds obligated by the National Aeronautics and
Space Administration (NASA) in the amount of $61,300,000 during
fiscal year 1996, pursuant to the ‘‘Memorandum of Agreement
between the National Aeronautics and Space Administration and
the United States Air Force on Titan IV/Centaur Launch Support
for the Cassini Mission,’’ signed September 8, 1994, and September
23, 1994, and Attachments A, B, and C to that Memorandum,
shall be merged with Air Force appropriations available for
research, development, test and evaluation and procurement for
fiscal year 1996, and shall be available for the same time period
as the appropriation with which merged, and shall be available
for obligation only for those Titan IV vehicles and Titan IV-related
activities under contract.
SEC. 307. For the purposes of implementing the 1997 Defense
Experimental 
Program 
to 
Stimulate 
Competitive 
Research
(DEPSCoR), the term ‘‘State’’ means a State of the United States,
the District of Columbia, Puerto Rico, Guam and the Virgin Islands
of the United States, American Samoa and the Commonwealth
of the Northern Mariana Islands.
TITLE II—EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR RECOVERY FROM NATURAL DISASTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
For an additional amount for the ‘‘Agricultural Credit Insurance
Fund Program Account’’ for the additional cost of direct and guaran-
teed loans authorized by 7 U.S.C. 1928–1929, including the cost
of modifying such loans as defined in section 502 of the Congres-
sional Budget Act of 1974, resulting from flooding and other natural
disasters, $23,000,000, to remain available until expended, of which
$18,000,000 shall be available for emergency insured loans and
$5,000,000 shall be available for subsidized guaranteed operating
loans: Provided, That the entire amount shall be available only
to the extent that an official budget request for $23,000,000 that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That such
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
H. R. 1871—13
For an additional amount for the ‘‘Agricultural Credit Insurance
Fund Program Account’’ for the additional cost of direct operating
loans authorized by 7 U.S.C. 1928–1929, including the cost of
modifying such loans as defined in section 502 of the Congressional
Budget Act of 1974, $6,300,000, to remain available until expended.
EMERGENCY CONSERVATION PROGRAM
For an additional amount for ‘‘Emergency Conservation Pro-
gram’’ for expenses, including carcass removal, resulting from flood-
ing and other natural disasters, $70,000,000, to remain available
until expended: Provided, That the entire amount shall be available
only to the extent that an official budget request for $70,000,000,
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That such
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
TREE ASSISTANCE PROGRAM
An amount of $9,000,000 is provided for assistance to small
orchardists 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 request of
$9,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further,
That such amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of such Act.
COMMODITY CREDIT CORPORATION FUND
DISASTER RESERVE ASSISTANCE PROGRAM
Effective only for losses in the fiscal year beginning October
1, 1996, through the date of enactment of this Act, the Secretary
may use up to $50,000,000 from proceeds earned from the sale
of grain in the disaster reserve established in the Agricultural
Act of 1970 to implement a livestock indemnity program for losses
from natural disasters pursuant to a Presidential or Secretarial
declaration requested prior to the date of enactment of this Act
in a manner similar to catastrophic loss coverage available for
other commodities under 7 U.S.C. 1508(b): Provided, That in admin-
istering a program described in the preceding sentence, the Sec-
retary shall, to the extent practicable, utilize gross income and
payment limitations conditions established for the Disaster Reserve
Assistance Program for the 1996 crop year: Provided further, That
notwithstanding any other provision of law, beginning on October
1, 1997, grain in the disaster reserve established in the Agricultural
Act of 1970 shall not exceed 20 million bushels: Provided further,
That the entire amount shall be available only to the extent an
official budget request, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
H. R. 1871—14
Provided further, That the entire amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of such Act.
NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ‘‘Watershed and Flood Prevention
Operations’’ to repair damages to the waterways and watersheds,
including debris removal that would not be authorized under the
Emergency Watershed Program, resulting from flooding and other
natural disasters, including those in prior years, $166,000,000, to
remain available until expended: Provided, That the entire amount
shall be available only to the extent an official budget request
for $166,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of such
Act: Provided further, That if the Secretary determines that the
cost of land and farm structures restoration exceeds the fair market
value of an affected agricultural land, the Secretary may use suffi-
cient amounts, not to exceed $15,000,000, from funds provided
under this heading to accept bids from willing sellers to provide
floodplain easements for such agricultural land inundated by floods:
Provided further, That none of the funds provided under this head-
ing shall be used for the salmon memorandum of understanding.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
RURAL HOUSING ASSISTANCE PROGRAM
Any unobligated balances remaining in the ‘‘Rural Housing
Insurance Fund Program Account’’ from prior years’ disaster
supplementals shall be available until expended for Section 502
housing loans, Section 504 loans and grants, Section 515 loans,
and domestic farm labor grants to meet emergency needs resulting
from natural disasters: Provided, That such unobligated balances
shall be available only to the extent an official budget request
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985 is transmitted by the Presi-
dent to the Congress: Provided further, That such unobligated bal-
ances are designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act: Provided further,
That notwithstanding section 520 of the Housing Act of 1949, as
amended, (42 U.S.C. 1490) the College Station area of Pulaski
County, Arkansas shall be eligible for loans and grants available
through the Rural Housing Service: Provided further, That funds
made available in Public Law 104–180 for Community Facility
Grants for the Rural Housing Assistance Program may be provided
to any community otherwise eligible for a Community Facility Loan
for expenses directly or indirectly resulting from flooding and other
natural disasters.
H. R. 1871—15
RURAL UTILITIES SERVICE
RURAL UTILITIES ASSISTANCE PROGRAM
For an additional amount for ‘‘Rural Utilities Assistance Pro-
gram’’, for the cost of direct loans, loan guarantees, and grants,
including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, for emergency expenses
resulting from flooding and other natural disasters, $4,000,000,
to remain available until September 30, 1998: Provided, That the
entire amount shall be available only to the extent that an official
budget request for $4,000,000, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended.
FOOD AND CONSUMER SERVICE
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN (WIC)
For an additional amount for the ‘‘Special Supplemental Nutri-
tion Program for Women, Infants, and Children (WIC)’’ as author-
ized by section 17 of the Child Nutrition Act of 1966, as amended
(42 U.S.C. et seq.), $76,000,000, to remain available through
September 30, 1998: Provided, That the Secretary shall allocate
such funds through the existing formula or, notwithstanding sec-
tions 17(g), (h), or (i) of such Act and the regulations promulgated
thereunder, such other means as the Secretary deems necessary.
GENERAL PROVISION, CHAPTER 1
SEC. 1001. COLLECTION AND DISSEMINATION OF INFORMATION ON
PRICES RECEIVED FOR BULK CHEESE.
(a) IN GENERAL.—Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture shall collect
and disseminate, on a weekly basis, statistically reliable informa-
tion, obtained from cheese manufacturing areas in the United States
on prices received and terms of trade involving bulk cheese, includ-
ing information on the national average price for bulk cheese sold
through spot and forward contract transactions. To the maximum
extent practicable, the Secretary shall report the prices and terms
of trade for spot and forward contract transactions separately.
(b) CONFIDENTIALITY.—All information provided to, or acquired
by, the Secretary under subsection (a) shall be kept confidential
by each officer and employee of the Department of Agriculture
except that general weekly statements may be issued that are
based on the information and that do not identify the information
provided by any person.
(c) REPORT.—Not later than 150 days after the date of enact-
ment of this Act, the Secretary shall report to the Committee
on Agriculture, and the Committee on Appropriations, of the House
of Representatives and the Committee on Agriculture, Nutrition,
and Forestry, and the Committee on Appropriations, of the Senate,
H. R. 1871—16
on the rate of reporting compliance by cheese manufacturers with
respect to the information collected under subsection (a). At the
time of the report, the Secretary may submit legislative rec-
ommendations to improve the rate of reporting compliance.
(d) TERMINATION OF EFFECTIVENESS.—The authority provided
by subsection (a) terminates effective April 5, 1999.
CHAPTER 2
DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For an additional amount for ‘‘Economic Development Assist-
ance Programs’’ for emergency infrastructure expenses and the
capitalization of revolving loan funds related to recent flooding
and other natural disasters, $52,200,000, to remain available until
expended, of which not to exceed $2,000,000 may be available
for administrative expenses and may be transferred to and merged
with the appropriations for ‘‘Salaries and Expenses’’: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
INDUSTRIAL TECHNOLOGY SERVICES
Of the amount provided under this heading in Public Law
104–208 for the Advanced Technology Program, not to exceed
$35,000,000 shall be available for the award of new grants.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
Within amounts available for ‘‘Operations, Research, and Facili-
ties’’ for Satellite Observing Systems, not to exceed $7,000,000
is available until expended to provide disaster assistance related
to recent flooding and red tide pursuant to section 312(a) of the
Magnuson-Stevens Fishery Conservation and Management Act, and
not to exceed $2,000,000 is available until expended to implement
the Magnuson-Stevens Fishery Conservation and Management Act:
Provided, That the entire amount shall be available only to the
extent that an official budget request for $9,000,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to Congress: Provided further, That the entire amount
is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of such Act.
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for emergency
expenses resulting from flooding and other natural disasters,
$10,800,000, to remain available until expended: Provided, That
H. R. 1871—17
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
RELATED AGENCY
COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW
ENFORCEMENT
For an additional amount for the operations of the Commission
on the Advancement of Federal Law Enforcement, $2,000,000, to
remain available until expended.
GENERAL PROVISIONS, CHAPTER 2
SEC. 2001. Of the funds currently contained within the
‘‘Counterterrorism Fund’’ of the Department of Justice, $3,000,000
is provided for allocation by the Attorney General to the appropriate
unit or units of government in Ogden, Utah, for necessary expenses,
including enhancements and upgrade of security and communica-
tions infrastructure, to counter any potential terrorism threat
related to the 2002 Winter Olympic games to be held in Utah.
SEC. 2002. EXPANDING SMALL BUSINESS PARTICIPATION
IN
DREDGING.—Section 722(a) of the Small Business Competitiveness
Demonstration Program Act of 1988 (15 U.S.C. 644 note) is amended
by striking ‘‘September 30, 1996’’ and inserting ‘‘September 30,
1997’’.
SEC. 2003. Section 101 of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1371) is amended by adding at the end thereof
the following:
‘‘(d) GOOD SAMARITAN EXEMPTION.—It shall not be a violation
of this Act to take a marine mammal if—
‘‘(1) such taking is imminently necessary to avoid serious
injury, additional injury, or death to a marine mammal entan-
gled in fishing gear or debris;
‘‘(2) reasonable care is taken to ensure the safe release
of the marine mammal, taking into consideration the equip-
ment, expertise, and conditions at hand;
‘‘(3) reasonable care is exercised to prevent any further
injury to the marine mammal; and
‘‘(4) such taking is reported to the Secretary within 48
hours.’’.
SEC. 2004. Notwithstanding any other provision of law, the
Secretary of Commerce shall have the authority to reprogram or
transfer up to $41,000,000 of the amounts provided under ‘‘National
Oceanic and Atmospheric Administration, Operations, Research,
and Facilities’’ for Satellite Observing Systems in Public Law 104–
208 for other programmatic and operational requirements of the
National Oceanic and Atmospheric Administration and the Depart-
ment of Commerce subject to notification of the Committees on
Appropriations of the House of Representatives and the Senate
in accordance with section 605 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1997 and which shall not be available for obligation
or expenditure except in compliance with the procedure set forth
in that section.
H. R. 1871—18
CHAPTER 3
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
FLOOD
CONTROL, MISSISSIPPI
RIVER
AND
TRIBUTARIES, ARKANSAS,
ILLINOIS, 
KENTUCKY, 
LOUISIANA, 
MISSISSIPPI, 
MISSOURI, 
AND
TENNESSEE
For an additional amount for ‘‘Flood Control, Mississippi River
and Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mis-
sissippi, Missouri, and Tennessee’’ for emergency expenses due to
flooding and other natural disasters, $20,000,000, to remain avail-
able until expended: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended.
OPERATION AND MAINTENANCE, GENERAL
For an additional amount for ‘‘Operation and Maintenance,
General’’ for emergency expenses due to flooding and other natural
disasters, $150,000,000, to remain available until expended: Pro-
vided, That of the total amount appropriated, the amount 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 further, That of the total amount appro-
priated, $5,000,000 shall be available solely for the Secretary of
the Army, acting through the Chief of Engineers, to pay the costs
of the Corps of Engineers and other Federal agencies associated
with the development of necessary studies, an interagency manage-
ment plan, environmental documentation, continued monitoring,
and other activities related to allocations of water in the Alabama-
Coosa-Tallapoosa 
and 
Apalachicola-Chattahoochee-Flint 
River
Basins: Provided further, That no portion of such $5,000,000 may
be used by the Corps of Engineers to revise its master operational
manuals or water control plans for operation of the reservoirs
for the two river basins until (1) the interstate compacts for the
two river basins are ratified by the Congress by law; and (2)
the water allocation formulas for the two river basins have been
agreed to by the States of Alabama, Georgia, and Florida and
the Federal representative to the compacts: Provided further, That
the preceding proviso shall not apply to the use of such funds
for any environmental reviews necessary for the Federal representa-
tive to approve the water allocation formulas for the two river
basins: Provided further, That the entire amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ‘‘Flood Control and Coastal Emer-
gencies’’ due to flooding and other natural disasters, $415,000,000,
to remain available until expended: Provided, That the entire
amount is designated by Congress as an emergency requirement
H. R. 1871—19
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided fur-
ther, That with $5,000,000 of the funds appropriated herein, the
Secretary of the Army is directed to initiate and complete
preconstruction engineering and design and the associated Environ-
mental Impact Statement for an emergency outlet from Devils
Lake, North Dakota, to the Sheyenne River: Provided further, That
of the funds appropriated under this paragraph, $5,000,000 shall
be used for the project consisting of channel restoration and
improvements on the James River authorized by section 401(b)
of the Water Resources Development Act of 1986 (Public Law 99–
662; 100 Stat. 4128) if the Secretary of the Army determines that
the need for such restoration and improvements constitutes an
emergency.
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
OPERATION AND MAINTENANCE
For an additional amount for ‘‘Operation and Maintenance’’,
$7,355,000, to remain available until expended, to repair damage
caused by floods and other natural disasters: Provided, That of
the total appropriated, the amount for program activities that can
be financed by the Reclamation Fund shall be derived from that
fund: Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 3
SEC. 3001. (a) Beginning in fiscal year 1997 and thereafter,
the United States members and the alternate members appointed
under the Susquehanna River Basin Compact (Public Law 91–
575), and the Delaware River Basin Compact (Public Law 87–
328), shall be officers of the U.S. Army Corps of Engineers, who
hold Presidential appointments as Regular Army officers with Sen-
ate confirmation, and who shall serve without additional compensa-
tion.
(b) Section 2, Reservations, Paragraph (u) of Public Law 91–
575 (84 Stat. 1509) and section 15.1, Reservations, Paragraph (d)
of Public Law 87–328 (75 Stat. 688, 691) are hereby repealed.
(c) Section 2.2 of Public Law 87–328 (75 Stat. 688, 691) is
amended by striking the words ‘‘during the term of office of the
President’’ and inserting the words ‘‘at the pleasure of the Presi-
dent’’.
SEC. 3002. Notwithstanding section 5 of the Reclamation Safety
of Dams Act of 1978, Public Law 95–578, as amended, the Secretary
of the Interior is authorized to obligate up to $1,200,000 for carrying
out actual construction for safety of dam purposes to modify the
Willow Creek Dam, Sun River Project, Montana.
SEC. 3003. (a) CONSULTATION AND CONFERENCING.—As provided
by regulations issued under the Endangered Species Act (16 U.S.C.
1531 et seq.) for emergency situations, formal consultation or con-
ferencing under section 7(a)(2) or section 7(a)(4) of the Act for
any action authorized, funded or carried out by any Federal agency
H. R. 1871—48
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
HIGHWAY TRAFFIC SAFETY GRANTS
(HIGHWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available balances of contract authority under this head-
ing, $13,000,000 are rescinded.
FEDERAL TRANSIT ADMINISTRATION
TRUST FUND SHARE OF EXPENSES
(HIGHWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available balances of contract authority under this head-
ing, $271,000,000 are rescinded.
DISCRETIONARY GRANTS
(HIGHWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available balances of contract authority under this head-
ing, for fixed guideway modernization and bus activities under
49 U.S.C. 5309(m)(A) and (C), $588,000,000 are rescinded.
INDEPENDENT AGENCY
GENERAL SERVICES ADMINISTRATION
EXPENSES, PRESIDENTIAL TRANSITION
(RESCISSION)
Of the amounts made available under this heading in Public
Law 104–208, $5,600,000 are rescinded.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HOUSING PROGRAMS
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING
(INCLUDING RESCISSION)
Of the amounts recaptured under this heading during fiscal
year 1997 and prior years, $3,650,000,000 are rescinded: Provided,
That the Secretary of Housing and Urban Development shall recap-
ture at least $5,800,000,000 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 housing voucher programs: Provided further, That all additional
section 8 reserve funds of an amount not less than $2,150,000,000
and any recaptures (other than funds already designated for other
uses) specified in section 214 of Public Law 104–204 shall be pre-
served under the head ‘‘Section 8 Reserve Preservation Account’’