Union Calendar No. 268
105TH CONGRESS
2D SESSION
H. R. 3579
[Report No. 105–469]
A BILL
Making emergency supplemental appropriations for
the fiscal year ending September 30, 1998, and
for other purposes.
MARCH 27, 1998
Reported from the Committee on Appropriations, com-
mitted to the Committee of the Whole House on the
State of the Union, and ordered to be printed
IB
Union Calendar No. 268
105TH CONGRESS
2D SESSION
H. R. 3579
[Report No. 105–469]
Making emergency supplemental appropriations for the fiscal year ending
September 30, 1998, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 27, 1998
Mr. LIVINGSTON, from the Committee on Appropriations, reported the follow-
ing 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 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
fiscal year ending September 30, 1998, and for other pur-
poses, namely:
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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-
tire 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 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-
ant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
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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.
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-
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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.
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-
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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-
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-
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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.
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-
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
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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
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.
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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
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
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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-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
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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-
tion of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emer-
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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.
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-
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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-
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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GENERAL PROVISIONS
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
Control Act of 1985, as amended, is transmitted by the
President to Congress.
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(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
with other related quality improvement actions) to assess
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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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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.
This Act may be cited as the ‘‘1998 Emergency Sup-
plemental Appropriations Act’’.