Dire Emergency Supplemental Appropriations and Transfers for Relief from the Effects of Natural Disasters, for Other Urgent Needs, and for Incremental Costs of "Operation Desert Shield/Desert Storm" Act of 1992
PL 102-229 (H.J.Res.157), enacted 12/12/1991

PUBLIC LAW 102-229—DEC. 12, 1991 
105 STAT. 1701 
Public Law 102-229 
102d Congress 
Joint Resolution 
Making dire emergency supplemental appropriations and transfers for relief from the 
effects of natural disasters, for other urgent needs, and for incremental costs of 
"Operation Desert Shield/Desert Storm" for the fiscal year ending September 30, 
1992, and for other purposes. 
Resolved by the Senate and House of Representatives 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, to provide dire emergency supplemental appropria-
tions for the fiscal year ending September 30, 1992, and for other 
purposes, namely: 
SUPPLEMENTAL 
APPROPRIATIONS 
DEPARTMENT 
OF 
DEFENSE—MILITARY 
PROCUREMENT 
MISSILE PROCUREMENT, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for "Missile procurement, Army", 
$78,000,000, to remain available for obligation until September 30, 
1994, and in addition, $67,000,000, to be derived by transfer from 
"Missile procurement, Air Force, 1991/1993", to remain available 
for obligation until September 30,1993. 
SHIPBUILDING AND CONVERSION, NAVY 
For an additional amount for "Shipbuilding and conversion. 
Navy", for LSD-41 dock landing ship, cargo variant program, ad-
vance procurement of engines and generators, $25,000,000, to 
remain available for obligation until September 30,1996. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For an additional amount for "National Guard and Reserve equip-
ment", $10,100,000, to remain available until September 30, 1994, 
for the purchase of one MH-60G helicopter. 
Dec. 12, 1991 
[H.J. Res. 157] 
Dire Emergency 
Supplemental 
Appropriations 
and Transfers 
for Relief From 
the Effects of 
Natural 
Disasters, for 
other Urgent 
Needs, and for 
Incremental 
Ck)stof 
"Operation 
Desert 
Shield/Desert 
Storm" Act of 
1992. 
105 STAT. 1702 
PUBLIC LAW 102-229—DEC. 12, 1991 
TITLE I—EMERGENCY SUPPLEMENTAL APPROPRIATIONS 
CHAPTER I 
DEPARTMENT OF DEFENSE—MILITARY 
OPERATION DESERT SHIELD/DESERT STORM 
(TRANSFER OF ADDITIONAL FUNDS) 
For additional incremental costs of the Department of Defense, 
the Department of Veterans Affairs, and the Department of 
Transportation associated with operations in and around the Per-
sian Gulf as part of operations currently known as Operation Desert 
Shield (including Operation Desert Storm) and under the terms and 
conditions of the "Operation Desert Shield/Desert Storm Supple-
mental Appropriations Act, 1991" (Public Law 102-28), in addition 
to the amounts that may be transferred to appropriations available 
to the Department of Defense and other Departments pursuant to 
that Act, not to exceed $3,968,500,000 may be transferred during 
fiscal year 1992 from either the Defense Cooperation Account, or as 
appropriate, the Persian Gulf Regional Defense Fund, to the follow-
ing accounts in not to exceed the following amounts: 
OPERATION AND MAINTENANCE 
(TRANSFER OF FUNDS) 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for "Operation and maintenance. 
Army", $227,300,000. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for "Operation and maintenance. 
Navy", $270,000,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for "Operation and maintenance. 
Marine Corps", $75,000,000. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for "Operation and maintenance, Army 
Reserve", $23,200,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for "Operation and maintenance. Navy 
Reserve", $28,300,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For an additional amount for "Operation and maintenance. Army 
National Guard", $41,900,000. 
PUBLIC LAW 102-229—DEC. 12, 1991 
105 STAT. 1703 
PROCUREMENT 
(TRANSFER OF FUNDS) 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for "Aircraft procurement, Army", 
$270,800,000, to remain available for obligation until September 30, 
1994. 
MISSILE PROCUREMENT, ARMY 
« 
For an additional amount for "Missile procurement. Army", 
$21,800,000, to remain available for obligation until September 30, 
1994. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY 
For an additional amount for "Procurement of weapons and 
tracked combat vehicles. Army", $63,000,000, to remain available for 
obligation until September 30,1994. 
OTHER PROCUREMENT, ARMY 
For an additional amount for "Other procurement. Army", 
$80,500,000, to remain available for obligation until September 30, 
1994. 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for "Aircraft procurement. Navy", 
$521,000,000, to remain available for obligation until September 30, 
1994. 
WEAPONS PROCUREMENT, NAVY 
For an additional amount for "Weapons procurement. Navy", 
$8,100,000, to remain available for obligation until September 30, 
1994. 
OTHER PROCUREMENT, NAVY 
For an additional amount for "Other procurement. Navy", 
$112,700,000, to remain available for obligation until September 30, 
1994. 
PROCUREMENT, MARINE CORPS 
For an additional amount for "Procurement, Marine Corps", 
$4,300,000, to remain available for obligation until September 30, 
1994. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for "Aircraft procurement. Air Force", 
$309,500,000, to remain available for obligation until September 30, 
1994. 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for "Other procurement, Air Force", 
$560,000,000, to remain available for obligation until September 30, 
1994. 
105 STAT. 1704 
PUBLIC LAW 102-229—DEC. 12, 1991 
PROCUREMENT, DEFENSE AGENCIES 
For an additional amount for "Procurement, Defense Agencies", 
$76,900,000, to remain available for obligation until September 30, 
1994. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
(TRANSFER OF FUNDS) 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For an additional amount for "Research, development, test and 
evaluation. Army", $47,800,000, to remain available for obligation 
until September 30,1993. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For an additional amount for "Research, development, test and 
evaluation. Navy", $6,100,000, to remain available for obligation 
until September 30,1993. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
For an additional amount for "Research, development, test and 
evaluation. Air Force", $24,300,000, to remain available for obliga-
tion until September 30,1993. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE 
AGENCIES 
For an additional amount for "Research, development, test and 
evaluation. Defense Agencies", $28,100,000, to remain available for 
obligation until September 30,1993, 
DEFENSE BUSINESS OPERATIONS FUND 
(TRANSFER OF FUNDS) 
For an additional amount for "Defense business operations fund", 
$1,140,000,000. 
DEPARTMENT OF TRANSPORTATION 
(TRANSFER OF FUNDS) 
COAST GUARD 
OPERATING EXPENSES 
For an additional amount for "Operating expenses", $17,900,000, 
to remain available for obligation until expended. 
PUBLIC LAW 102-229—DEC. 12, 1991 
105 STAT. 1705 
DEPARTMENT OF VETERANS AFFAIRS 
VETERANS HEALTH ADMINISTRATION 
MEDICAL CARE 
(TRANSFER OF FUNDS) 
For an additional amount for "Medical care", $10,000,000. 
DEPARTMENT OF DEFENSE—MILITARY 
(TRANSFER OF EXISTING FUNDS) 
For the purpose of adjusting amounts which may be transferred 
pursuant to the "Operation Desert Shield/Desert Storm Supple-
mental Appropriations Act, 1991" (Public Law 102-28) and under 
the terms and conditions of that Act, during the fiscal year 1992, the 
Secretary of Defense may make adjustments to the amounts pro-
vided for transfer by such Act in amounts not to exceed 
$6,282,400,000 and provide for the transfer of such amounts to the 
following accounts in not to exceed the following amounts to be 
available to the Department of Defense during fiscal year 1992: 
Provided, That the Secretary of Defense shall provide prior notifica-
tion to the Committees on Appropriations of the House of Represent-
atives and the Senate indicating the accounts from which the funds 
will be derived for such transfers: 
MILITARY PERSONNEL 
(TRANSFER OF FUNDS) 
MILITARY PERSONNEL, ARMY 
To be derived by transfer, $685,000,000 for "Military personnel. 
Army". 
MILITARY PERSONNEL, NAVY 
To be derived by transfer, $70,000,000 for "Military personnel. 
Navy". 
MILITARY PERSONNEL, MARINE CORPS 
To be derived by transfer, $18,000,000 for "Military personnel. 
Marine Corps". 
MILITARY PERSONNEL, AIR FORCE 
To be derived by transfer, $81,000,000 for "Military personnel. Air 
Force". 
RESERVE PERSONNEL, ARMY 
To be derived by transfer, $80,000,000 for "Reserve personnel, 
Army". 
RESERVE PERSONNEL, AIR FORCE 
To be derived by transfer, $4,000,000 for "Reserve personnel. Air 
Force". 
105 STAT. 1706 
PUBLIC LAW 102-229—DEC. 12, 1991 
NATIONAL GUARD PERSONNEL, ARMY 
To be derived by transfer, $10,000,000 for "National Guard person-
nel, Army". 
NATIONAL GUARD PERSONNEL, AIR FORCE 
To be derived by transfer, $3,000,000 for "National Guard person-
nel. Air Force". 
OPERATION AND MAINTENANCE 
(TRANSFER OF FUNDS) 
OPERATION AND MAINTENANCE, ARMY 
To be derived by transfer, $2,717,500,000 for "Operation and 
maintenance. Army". 
OPERATION AND MAINTENANCE, NAVY 
To be derived by transfer, $1,080,000,000 for "Operation and 
maintenance. Navy". 
OPERATION AND MAINTENANCE, MARINE CORPS 
To be derived by transfer, $165,000,000 for "Operation and 
maintenance. Marine Corps". 
OPERATION AND MAINTENANCE, AIR FORCE 
To be derived by transfer, $1,241,400,000 for "Operation and 
maintenance. Air Force". 
OPERATION AND MAINTENANCE, ARMY RESERVE 
To be derived by transfer, $6,000,000 for "Operation and mainte-
nance, Army Reserve". 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
To be derived by transfer, $59,200,000 for "Operation and mainte-
nance. Air Force Reserve". 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
To be derived by transfer, $3,600,000 for "Operation and mainte-
nance. Army National Guard". 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
To be derived by transfer, $58,700,000 for "Operation and mainte-
nance. Air National Guard". 
GENERAL PROVISIONS—CHAPTER I 
SEC. 101. The prohibition in section 132(a)(2) of Public Law 101-
189 (103 Stat. 1383) does not apply to the obligation of $70,200,000 
provided in "Aircraft procurement, Army" of chapter I, title I for 
the procurement of AH-64 Apache attack helicopters. 
PUBLIC LAW 102-229—DEC. 12, 1991 
105 STAT. 1707 
SEC. 102. Of the funds provided in title III of Public Law 101-165 
for "Other procurement, Air Force", not more than $80,000,000 shall 
be available, and may be obligated and expended, for costs arising 
from the cancellation of the Alaskan OTH-B radar program and 
powerplant lease: Provided, That such funds will be available for 
contract termination, site restoration, modification of facilities and 
other costs associated with the termination of the Alaskan OTH-B 
radar program and powerplant lease, or the transfer and modifica-
tion of facilities and material located at or procured for the Alaskan 
OTH-B radar program or powerplant to any other Department of 
Defense activity or program at the OTH-B radar powerplant site. 
KURDISH PROTECTION FORCE 
(TRANSFER OF FUNDS) 
SEC. 103. In addition to other transfer authority granted by this or 
any other Act, and under the terms and conditions of the "Oper-
ation Desert Shield/Desert Storm Supplemental Appropriations 
Act, 1991" (Public Law 102-28), the Secretary of Defense may 
transfer not to exceed $100,000,000 for costs incurred during fiscal 
years 1991 and 1992 from the Defense Cooperation Account, or as 
appropriate, the Persian Gulf Regional Defense Fund to appropriate 
Department of Defense appropriations for costs incurred through 
February 1992 in support of United States military forces in and 
around Iraq and Turkey known as the Kurdish Protection or Ready 
Reaction Force. 
RESTRICTION O N ARMS SALES TO SAUDI ARABIA AND KUWAIT 
SEC. 104. (a) No funds appropriated or otherwise made available 
22 USC 2751 
by this or any other Act may be used in any fiscal year to conduct, ^o*®. 
support, or administer any sale of defense articles or defense serv-
ices to Saudi Arabia or Kuwait until that country has paid in full, 
either in cash or in mutually agreed in-kind contributions, the 
following commitments made to the United States to support Oper-
ation Desert Shield/Desert Storm: 
(1) In the case of Saudi Arabia, $16,839,000,000. 
(2) In the case of Kuwait, $16,006,000,000. 
(b) For purposes of this section, the term "any sale" means any 
sale with respect to which the President is required to submit a 
numbered certification to the Congress pursuant to the Arms Export 
Control Act on or after the effective date of this section. 
(c) This section shall take effect 120 days after the date of enact- Effective date, 
ment of this joint resolution. 
(d) Any military equipment of the United States, including battle 
tanks, armored combat vehicles, and artillery, included within the 
Conventional Forces in Europe Treaty definition of "conventional 
armaments and equipment limited by the Treaty", which may be 
transferred to any other NATO country shall be subject to the 
notification procedures stated in section 523 of Public Law 101-513 
and in section 634A of the Foreign Assistance Act of 1961. 
MIDDLE EAST HUMANITARIAN RELIEF 
SEC. 105. (a) Of the funds appropriated from the Defense Coopera-
tion Account for the Kurdish Ready Reaction Force, up to 
$15,000,000 may be made available only for the prepositioning of 
105 STAT. 1708 
PUBLIC LAW 102-229—DEC. 12, 1991 
relief supplies in the Middle East to meet emergency Kurdish and 
other Iraqi-related humanitarian needs and related transportation 
costs. 
(b) In addition, the Secretary of Defense may transfer up to 
$15,000,000 in additional funds from the Defense Cooperation Ac-
count to the appropriate appropriations accounts within the Depart-
ment of Defense for these Kurdish and other Iraqi-related humani-
tarian purposes. 
CLASSIFIED PROGRAM 
SEC. 106. (a) In section 110 of the Classified Annex incorporated 
into the Department of Defense Appropriations Act, 1992, the 
matter beginning with "Notwithstanding" and ending with "Pro-
vided, That" shall have no force or effect. 
(b) The funds described in section 110 of such Classified Annex 
may be obligated for the program described therein only in accord-
ance with the Classified Annex incorporated into the National 
Defense Authorization Act for Fiscal Years 1992 and 1993. 
SEC. 107. None of the funds available to the Department of 
Defense in fiscal year 1992 may be used by the Department of the 
Army to award a contract for the procurement of four-ton dolly 
jacks if such equipment is or would be manufactured outside the 
United States of America and would be procured under any con-
tract, agreement, arrangement, compact or other such instrument 
for which any provisions including price differential provisions of 
the Buy American Act of 1933, as amended, or any other Federal 
buy national law was waived: Provided, That the Secretary of the 
Army may waive this restriction on a case-by-case basis by certify-
ing in writing to the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies are 
not available to meet Department of Defense requirements on a 
timely basis and that such an acquisition must be made in order to 
acquire capability for national security purposes. 
(TRANSFER OF FUNDS) 
SEC. 108. In addition to other transfer authority available to the 
Department of Defense, the Secretary of Defense may transfer from 
amounts appropriated to the Department of Defense for fiscal year 
1992 for operation and maintenance or from balances in working 
capital accounts established under section 2208 of title 10, United 
States Code, not to exceed $400,000,000, to the appropriate accounts 
within the Department of Defense for reducing the Soviet nuclear 
threat and for the purposes set forth in the Soviet Nuclear Threat 
Reduction Act of 1991 contained in H.R. 3807, as passed the Senate 
on November 25, 1991, and under the terms and conditions of such 
Act: Provided, That the readiness of the United States Armed Forces 
shall not be diminished by such transfer of funds. 
(TRANSFER OF FUNDS) 
SEC. 109. In addition to other transfer authority available to the 
Department of Defense, the Secretary of Defense, upon the declara-
tion of an emergency by the President under the terms of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, may transfer from amounts appropriated to the Depart-
ment of Defense for fiscal year 1992 or from balances in working 
capital accounts established under section 2208 of title 10, United 
PUBLIC LAW 102-229—DEC. 12, 1991 
105 STAT. 1709 
States Code, not to exceed $100,000,000, to the appropriate accounts 
within the Department of Defense, in order to transport by military 
or commercial means, food, medical supplies, and other types of 
humanitarian assistance to the Soviet Union, or its Republics, or 
localities therein—with the consent of the relevant Republic govern-
ment or its independent successor—in order to address emergency 
conditions which may arise therein, and for the purposes set forth in 
section 301 of H.R. 3807, as passed the Senate on November 25, 1991, 
and under the terms and conditions of such section 301 of H.R. 3807: 
Provided, That the readiness of the United States Armed Forces 
shall not be diminished by such transfer of funds: Provided further. 
That the Committees on Appropriations be notified of transfers 
under this provision fifteen days in advance. 
CHAPTER II 
DEPARTMENT 
OF 
VETERANS 
AFFAIRS 
ADMINISTRATIVE PROVISION 
Section 518(a) of the "General Provisions" in H.R. 2519, the 
Departments of Veterans Affairs and Housing and Urban Develop-
ment, and Independent Agencies Appropriations Act, 1992, is Ante, p. 779. 
amended by striking out "Section 662A(c)" and inserting in lieu 
thereof "Section 1722A(c)". 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 
ADMINISTRATIVE PROVISION—HOME 
Section 217(a) of the Cranston-Gonzalez National Affordable Hous-
ing Act (42 U.S.C. 12747(a)) is amended— 
(1) in the first sentence of paragraph (1), by inserting "and 
after reserving amounts for the insular areas under paragraph 
(3)" before the first comma; and 
(2) by adding at the end the following new paragraph: 
"(3) INSULAR AREAS.—For each fiscal year, of any amounts 
approved in appropriations Acts to carry out this title, the 
Secretary shall reserve for grants to the insular areas the 
greater of (A) $750,000, or (B) 0.5 percent of the amounts appro-
priated under such Acts. The Secretary shall provide for the 
distribution of amounts reserved under this paragraph among 
the insular areas pursuant to specific criteria for such distribu-
tion. The criteria shall be contained in a regulation promul- Regulations, 
gated by the Secretary after notice and public comment.". 
Section 104 of the Cranston-Gonzalez National Affordable Hous-
ing Act (42 U.S.C. 12704) is amended— 
(1) in paragraph (1), by striking "Guam" and all that follows 
through "American Samoa,"; and 
(2) by adding at the end the following new paragraph: 
"(24) The term 'insular area' means any of the following: 
Guam, the Northern Mariana Islands, the Virgin Islands, and 
American Samoa.". 
105 STAT. 1710 
PUBLIC LAW 102-229—DEC. 12, 1991 
ADMINISTRATIVE PROVISION—STAFFING 
The Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1992 
(H.R. 2519), is amended— 
(1) in the appropriating paragraph entitled "Personal Services 
Ante, p. 753. 
and Travel, Office of Public and Indian Housing" by striking 
"$10,424,000" and inserting in lieu thereof "$12,788,000" each 
time it appears in the paragraph; 
(2) in the appropriating paragraph entitled "Personal Services 
Ante. p. 754. 
and Travel, Office of Policy Development and Research" by 
striking "$10,705,000" and inserting in lieu thereof "$8,717,000" 
each time it appears in the paragraph; and 
(3) in the appropriating paragraph entitled "Personal Services 
Ante, p. 754. 
and 
Travel, 
Office 
of 
General 
Counsel" 
by 
striking 
"$14,985,000" and inserting in lieu thereof "$14,609,000" each 
time it appears in the paragraph. 
INDEPENDENT AGENCIES 
COURT OF VETERANS APPEALS 
Grants. 
Clontracts. 
Reports. 
SALARIES AND EXPENSES 
Of the funds made available under this head in Public Law 102-
139, not to exceed $950,000, to remain available until September 30, 
1993, shall be available for the purpose of providing financial assist-
ance (through grant or contract made, to the maximum extent 
feasible, not later than 150 days after enactment of this Act) to 
facilitate the furnishing of legal and other assistance, without 
charge, to veterans and other persons who are unable to afford the 
cost of legal representation in connection with decisions to which 
section 7252(a) of title 38, United States Code, may apply, or with 
other proceedings in the Court, through a program that furnishes 
case screening and referral, training and education for attorney and 
related personnel, and encouragement and facilitation of pro bono 
representation by members of the bar and law school clinical and 
other appropriate programs, such as veterans service organizations, 
and through defraying expenses incurred in providing representa-
tion to such persons: Provided, That such grants or contracts shall 
be made by the Legal Services Corporation pursuant to a reimburs-
able payment from the United States Court of Veterans Appeals for 
the purposes described herein: Provided further, That the Legal 
Services Corporation is authorized to receive a reimbursable pay-
ment from the United States Court of Veterans Appeals for the 
purpose of providing the financial assistance described herein: Pro-
vided further, That no funds made available herein shall be used for 
the payment of attorney fees: Provided further. That, not later than 
180 days after the enactment of this Act, and, again, not later than 
one year after a grant or contract is made pursuant to the provisions 
of this paragraph, the Legal Services Corporation and the United 
States Court of Veterans Appeals shall report to the appropriate 
committees of the Congress regarding the implementation of the 
provisions of this paragraph. 
PUBLIC LAW 102-229—DEC. 12, 1991 
105 STAT. 1711 
ENVIRONMENTAL PROTECTION AGENCY 
ADMINISTRATIVE PROVISION 
Of the funds appropriated for the wastewater treatment facihties 
fund under title VI of the Federal Water Pollution Control Act, up 
to one-h£ilf of one per centum may be made available by the 
Administrator for direct grants to Indian tribes for construction of 
wastewater treatment facilities. 
FEDERAL 
EMERGENCY 
MANAGEMENT 
AGENCY 
DISASTER REUEF 
(INCLUDING TRANSFER OF FUNDS) 
For emergency disaster assistance payments necessary to provide 
for expenses in presidentially-declared disasters under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act, an addi-
tional amount for "Disaster relief, $943,000,000, to remain avail-
able until expended, of which $143,000,000 shall be available only 
after submission to the Congress of a formal budget request by the 
President designating the $143,000,000 as an emergency: Provided, 
That up to $1,250,000 of the funds made available under this head-
ing may be transferred to, and merged with, amounts made avail-
able to the Federal Emergency Management Agency under the 
heading "Salaries and expenses" in the Departments of Veterans 
Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1992 (Public Law 102-139): Provided 
further. That hereafter, beginning in fiscal year 1993, and in each 42 USC 5203. 
year thereafter, notwithstanding any other provision of law, all 
amounts appropriated for disaster assistance payments under the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) that are in excess of either the historical annual 
average obligation of $320,000,000, or the amount submitted in the 
President's initial budget request, whichever is lower, shall be 
considered as "emergency requirements" pursuant to section 
251(bX2XD) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, and such amounts shall hereafter be so designated. 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
RESEARCH AND DEVELOPMENT 
The last proviso under this heading in the Departments of Veter-
ans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1990 (Public Law 101-144), is hereby 103 Stat. 861. 
deleted. 
NATIONAL COMMISSION ON SEVERELY DISTRESSED PUBUC HOUSING 
SALARIES AND EXPENSES 
(TRANSFER OF FUNDS) 
For necessary expenses of the National Commission on Severely 
Distressed Public Housing, in carrying out its functions under title 
V of the Department of Housing and Urban Development Reform 
105 STAT. 1712 
PUBLIC LAW 102-229—DEC. 12, 1991 
Act of 1989 (Public Law 101-235), $250,000, to remain available until 
expended, to be derived by transfer from amounts provided to the 
Department of Housing and Urban Development under the heading 
"Salaries and expenses" in Public Law 102-139. 
CHAPTER III 
DEPARTMENT OF AGRICULTURE 
COMMODITY CREDIT CORPORATION 
7 use 1421 note. 
In view of the occurrence of recent natural disasters—similar to 
the volcano eruption of 1980, the earthquake of 1989, and the 
hurricane of 1989—droughts, floods, freezes, tornadoes, and other 
catastrophes which resulted in billions of dollars in damages, and in 
an effort to restore the economy and to alleviate the effects of the 
disasters, an additional $1,750,000,000, to remain available until 
expended, is hereby made available for losses associated with 1990 
crops as authorized by Public Law 101-624, and for losses associated 
with 1991 and 1992 crops under the same terms and conditions: 
Provided, That $995,000,000 of this amount is available for payments 
to producers for losses on either 1990 or 1991 crops, at the producer's 
option: Provided further, That the remaining $755,000,000 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, is transmitted to 
the Congress: Provided further. That this $755,000,000 shall be 
available for crop losses for one of the years 1990, 1991 or 1992, at 
the producer's option, but shall not be for a year for which disaster 
payments were previously provided to the producer: Provided fur-
ther. That $100,000,000 of the $755,000,000 is set aside for program 
crops planted in 1991 for harvest in 1992: Provided further. That, 
consistent with the amounts made available above, emergency loans 
made with respect to damage to an annual crop planted for harvest 
in 1991 under subtitle C of the Consolidated Farm and Rural 
Development Act shall be made available without regard to the 
purchase of crop insurance under the Federal Crop Insurance Act by 
the producer who requests such a loan. 
ANIMAL AND PLANT HEALTH INSPECTION SERVICE 
Notwithstanding any other provision of law, funds available to the 
Animal and Plant Health Inspection Service of the Department of 
Agriculture for fiscal year 1992 shall be made available as a grant in 
the amount of $530,000 to the State of Maine Department of Agri-
culture, Food and Rural Resources for potato disease detection, 
control, prevention, eradication and related activities including the 
payment of compensation to persons for economic losses associated 
with such efforts conducted or to be conducted in the State of Maine 
and any unobligated balances of funds previously appropriated or 
earmarked for potato disease efforts by the Secretary of Agriculture 
shall remain available until expended by the Secretary. 
PUBLIC LAW 102-229—DEC. 12, 1991 
105 STAT. 1713 
TITLE II—GENERAL PROVISIONS 
SEC. 200. FINDING OF DIRE EMERGENCY CONDITIONS.—The Con-
gress finds that— 
(a) the President has designated and requested the Congress 
to designate over $1,140,000,000 in 1991 international assistance 
funds to meet emergency needs in foreign lands; 
(b) natural disasters (including floods, droughts, tornadoes, 
hurricanes, earthquakes, freezes, and typhoons) have occurred 
in the United States and its territories causing loss of life, 
human suffering, loss of income, and property loss or damage 
with dire emergency financial situations; 
(c) since October 1990, there have been 44 presidentially-
declared disasters and 89 disasters declared by the Secretary of 
Agriculture affecting every area of the Nation in almost every 
State for which Federal funds are not available to meet emer-
gency needs, resulting in calls for the National Guard and other 
assistance; 
(d) as a consequence of these disasters, millions of acres of 
land are or were under water, millions of acres of farm land are 
not able to be planted, and highways, dams, roads, and bridges 
have not been repaired. Many of the people in communities, 
counties, States, and many private businesses have been dan-
gerously affected, and the local authorities in many cases are 
unable to meet the financial costs; and 
(e) the combination of the effects of these conditions and the 
current recession constitutes a dire emergency 
situation 
(8,582,000 people are unemployed, total employment has de-
clined by over 1,400,000 jobs in the last year, over 7,500 
businesses are failing each month, and foreign purchases of 
United States land and companies are increasing) which will, if 
not corrected by increased production, necessitate the need for a 
Job Creation Bill similar to what was enacted in 1983. 
SEC. 201. No part of any appropriation contained in this joint 
resolution shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein. 
CONGRESSIONAL DESIGNATION OF EMERGENCY 
SEC. 202. Although the President has only designated portions of 
the funds in this joint resolution pertaining to the incremental costs 
of Desert Shield/Desert Storm and certain Federal Emergency 
Management Agency costs as "emergency requirements", the Con-
gress believes that the same or higher priority should be given to 
helping American people recover from natural disasters and other 
emergency situations as has been given to foreign aid "emergency" 
needs. The Congress therefore designates all funds in Titles I and II 
of this joint resolution as "emergency requirements" for all pur-
poses of the Balanced Budget and Emergency Deficit Control Act of 
1985. 
RESTRICTIONS ON ASSISTANCE FOR KENYA 
SEC. 203. (a) RESTRICTIONS.—None of the funds appropriated by 
this joint resolution or any other provision of law under the heading 
"Economic Support Fund" or "Foreign Military Financing Pro-
gram" may be made available for Kenya unless the President 
105 STAT. 1714 
PUBLIC LAW 102-229—DEC. 12, 1991 
determines, and so certifies to the Congress, that the Government of 
Kenya— 
(1) has released all political detainees and has ended the 
prosecution of individuals for the peaceful expression of their 
political beliefs; 
(2) has ceased the physical abuse or mistreatment of pris-
oners; 
(3) has restored judicial independence; 
(4) has taken significant steps toward respecting human 
rights and fundamental freedoms, including the freedom of 
thought, conscience, belief, expression, and the freedom to advo-
cate the establishment of political parties and organizations; 
and 
(5) has implemented the principle of freedom of movement, 
including the right of all citizens of Kenya to leave and return 
to their country. 
(b) PROHIBITION.— 
(1) LIMITATION ON NEW PROJECT ASSISTANCE.—During fiscal 
year 1992, funds appropriated by this or any other Act to carry 
out the provisions of chapters 1 and 10 of part I of the Foreign 
Assistance Act of 1961 that are provided for assistance to the 
Government of Kenya for new projects shall be made available 
only for new projects— 
(A) that promote basic human needs, directly address 
poverty, enhance employment generation, and address 
environmental concerns; or 
(B) to improve the performance of democratic institu-
tions, or otherwise promote the objectives being sought in 
the certification required by subsection (a). 
(2) CONGRESSIONAL NOTIFICATION.—During fiscal year 1992, 
none of the funds appropriated by this or any other Act to carry 
out the provisions of chapters 1 and 10 of the Foreign Assistance 
Act of 1961 shall be obligated unless the Committees on Appro-
priations are notified at least 15 days in advance in accordance 
with the regular notification procedures of those Committees. 
(3) APPLICABILITY.—The provisions of paragraphs (1) and (2) of 
this subsection shall cease to apply 30 days after the certifi-
cation described in subsection (a) is made to the Congress. 
(c) DATE OF AVAILABILITY OF FUNDS.—None of the funds appro-
priated by this joint resolution or any other provision of law under 
the heading "Economic Support Fund" or "Foreign Military Financ-
ing Program" may be obligated or expended for Kenya until 30 days 
after the certification described in subsection (a) is made to the 
Congress. 
SEC. 204. SENSE OF THE SENATE REGARDING UNITED STATES RECOGNI-
TION OF UKRAINIAN INDEPENDENCE. 
(a) FINDINGS.—The Senate makes the following findings: 
(1) On August 24, 1991, the democratically elected Ukrainian 
parliament declared Ukrainian independence and the creation 
of an independent, democratic state—Ukraine. 
(2) That declaration reflects the desire of the people of 
Ukraine for freedom and independence following long years of 
communist oppression, collectivization, and centralization. 
(3) On December 1, 1991, a republic-wide referendum will be 
held in Ukraine to confirm the August 24, 1991, declaration of 
independence. 
PUBLIC LAW 102-229—DEC. 12, 1991 
105 STAT. 1715 
(4) Ukraine is pursuing a peaceful and democratic path to 
independence and has pledged to comply with the Helsinki 
Final Act and other documents of the Conference on Security 
and Cooperation in Europe. 
(5) Ukraine and Russia signed an agreement on August 29, 
1991, recognizing each other's rights to state independence and 
affirming each other's territorial integrity. 
(6) Ukraine, a nation of 52,000,000 people, with its own dis-
tinct linguistic, cultural, and religious traditions, is determined 
to take its place among the family of free and democratic 
nations of the world. 
(7) The Congress has traditionally supported the rights of 
people to peaceful and democratic self-determination. 
(8) As recognized in Article VIII of the Helsinki Final Act of 
the Conference on Security and Cooperation in Europe, "all 
peoples always have the right, in full freedom, to determine, 
when and as they wish, their internal and external political 
status, without external interference, and to pursue as they 
wish their political, economic, social and cultural development". 
Qa) SENSE OF THE SENATE.—It is the sense of the Senate that the 
President— 
(1) should recognize Ukraine's independence and undertake 
steps toward the establishment of full diplomatic relations with 
Ukraine should the December 1, 1991, referendum confirm 
Ukrainian parliament's independence declaration; and 
(2) should use United States assistance, trade, and other 
programs to support the Government of Ukraine and encourage 
the further development of democracy and a free market in 
Ukraine. 
SEC. 205. The appropriation entitled "Fishing Vessel Obligations 
Guarantees" in Public Law 102-140 is amended by striking the sum 
Ante, p. 801. 
"$10,000,000" and inserting in lieu thereof the sum "$24,000,000". 
SEC. 206. From the funds made available for Land Acquisition of 
the United States Fish and Wildlife Service in the fiscal year 1992 
Department of the Interior and Related Agencies Appropriations 
Act (Public Law 102-154), $965,000 is hereby appropriated by trans-
fer to the Resource Management account of the United States Fish 
and Wildlife Service. 
SEC. 207. Notwithstanding any other provision of law, amounts 43 USC 1474b 
received by the United States for restitution and future restoration 
^°^-
(including replacement or acquisition of equivalent natural re-
sources) in settlement of United States v. Exxon Corporation and 
Exxon Shipping Company (Case No. A90-015-1CR and 2CR), herein-
after the Plea Agreement, United States v. Exxon Corporation et al. 
(Civil No. A91-082 CIV) and State of Alaska v. Exxon Corporation et 
al. (Civil No. A91-083 CIV), hereinafter referred to together as the 
Agreement and Consent Decree, as approved by the United States 
District Court for the District of Alaska on October 8, 1991, in fiscal 
year 1992 and thereafter shall be deposited into the Natural Re-
source Damage Assessment and Restoration Fund established by 
Public Law 102-154. Such amounts, and the interest accruing 
thereon, shall be available to the Federal Trustees identified in the 
Agreement and Consent Decree for necessary expenses for assess-
ment and restoration of areas affected by the discharge of oil from 
the T/V EXXON VALDEZ on March 23-24, 1989, for fiscal year 
1992 and thereafter in accordance with the Plea Agreement and the 
Agreement and Consent Decree: Provided, That such amounts (and 
105 STAT. 1716 
PUBLIC LAW 102-229—DEC. 12, 1991 
accrued interest) shall remain available until expended: Provided 
further. That such amounts may be transferred to any account, as 
authorized by section 311(f)(5) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1321(f)(5)), to carry out the provisions of the Plea 
Agreement and the Agreement and Consent Decree: Provided fur-
ther, That herein and hereafter any amounts deposited into the 
Natural Resource Damage Assessment and Restoration Fund shall 
be invested by the Secretary of the Treasury in interest bearing 
obligations of the United States to the extent such amounts are not, 
in his judgment, required to meet current withdrawals: Provided 
further. That interest earned by such investments shall be available 
for obligation without further appropriation: Provided further. That, 
for fiscal year 1992, the Federal Trustees shall provide written 
notification of the proposed transfer of such amounts to the Appro-
priations Committees of the House of Representatives and the 
Senate thirty days prior to the actual transfer of such amounts: 
Provided further, That, for fiscal year 1993 and thereafter, the 
Federal Trustees shall submit in the President's Budget for each 
fiscal year the proposed use of such amounts. 
WAIVER OF CERTAIN RECOVERY REQUIREMENTS 
SEC. 208. Section 2713(d) of the Public Health Service Act (42 
U.S.C. 300aaa-12(d)) is amended by striking "(a)(2)" and inserting 
"(a)". 
SEC. 209. (a) Section 307E of the Legislative Branch Appropria-
tions Act, 1989 (40 U.S.C. 216c), is amended to read as follows: 
"SEC. 307E. (a) The Architect of the Capitol, subject to the 
direction of the Joint Committee on the Library, is authorized to— 
"(1) construct a National Garden demonstrating the diversity 
of plans, including the rose, our national flower, to be located 
between Maryland and Independence Avenues, S.W., and 
extending from the Botanic Garden Conservatory to Third 
Streets, S.W., in the District of Columbia; and 
"(2) solicit, receive, accept, and hold gifts, including money, 
plant material, and other property, on behalf of the Botanic 
Garden, and to dispose of, utilize, obligate, expend, disburse, and 
administer such gifts for the benefit of the Botanic Garden, 
including among other things, the carrying out of any pro-
. grams, duties, or functions of the Botanic Garden, and for 
constructing, equipping, and mainteiining the National Garden 
referred to in paragraph (1). 
"03)(1) Gifts or bequests of money under subsection (aX2) shall, 
when received by the Architect, be deposited with the Treasurer of 
the United States, who shall credit these deposits as offsetting 
collections to an account entitled 'Botanic Garden, Gifts and Dona-
tions'. The gifts or bequests described under subsection (a)(2) shall be 
accepted only in the total amount provided in appropriations Acts. 
"(2) Receipts, obligations, and expenditures of funds under this 
section shall be included in annual estimates submitted by the 
Architect for the operation and maintenance of the Botanic Garden 
and such funds shall be expended by the Architect, without regard 
to section 3709 of the Revised Statutes, for the purposes of this 
section after approval in appropriation Acts. All such sums shall 
remain available until expended, without fiscal year limitation. 
"(c)(1) In carrying out this section and his duties, the Architect of 
the Capitol may accept personal services, including educationally 
PUBLIC LAW 102-229—DEC. 12, 1991 
105 STAT. 1717 
related work assignments for students in nonpay status, if the 
service is to be rendered without compensation. 
"(2) No person shall be permitted to donate his or her personal 
services under this section unless such person has first agreed, in 
writing, to waive any and all claims against the United States 
arising out of or in connection with such services, other than a claim 
under the provisions of chapter 81 of title 5, United States Code. 
"(3) No person donating personal services under this section shall 
be considered an employee of the United States for any purpose 
other than for purposes of chapter 81 of title 5, United States Code. 
"(4) In no case shall the acceptance of personal services under this 
section result in the reduction of pay or displacement of any em-
ployee of the Botanic Garden. 
"(d) Any gift accepted by the Architect of the Capitol under this 
section shall be considered a gift to the United States for purposes of 
income, estate, and gift tax laws of the United States.". 
(b) Pursuant to section 307E of the Legislative Branch Appropria- 40 USC 216c 
tions Act, 1989, not more than $2,000,000 shall be accepted and not "»*«• 
more than $2,000,000 of the amounts accepted shall be available for 
obligation by the Architect for preparation of working drawings, 
specifications, and cost estimates for renovation of the Conservatory 
of the Botanic Garden. 
SEC. 210. (a) The caption for section 713 of title 18, United States 
Code, is amended as follows: 
"§ 713. Use of likenesses of the great seal of the United States, the 
seals of the President and Vice President, and the seal of 
the United States Senate.". 
Ot)) Subsection (a) of section 713 of title 18, United States Code, is 
amended by inserting "or the -seal of the United States Senate," 
after "Vice President of the United States,". 
(c) Subsection (c) of section 713 of title 18, United States Code, is— 
(1) amended to read as follows: 
"A violation of the provisions of this section may be enjoined at 
the suit of the Attorney General, 
"(1) in the case of the great seal of the United States and the 
seals of the President and Vice President, upon complaint by 
any authorized representative of any department or agency of 
the United States; and 
"(2) in the case of the seal of the United States Senate, upon 
complaint by the Secretary of the Senate."; and 
(2) redesignated as subsection (d). 
(d) Section 713 of title 18, United States Code, is amended by 
inserting after subsection (b) the following new subsection: 
"(c) Whoever, except as directed by the United States Senate, or 
the Secretary of the Senate on its behalf, knowingly uses, manufac-
tures, reproduces, sells or purchases for resale, either separately or 
appended to any article manufactured or sold, any likeness of the 
seal of the United States Senate, or any substantial part thereof, 
except for manufacture or sale of the article for the official use of 
the Government of the United States, shall be fined not more than 
$250 or imprisoned not more than six months, or both.". 
(e) The table of sections for chapter 33 of title 18, United States 
Code, is amended by striking the item for section 713 and inserting 
the following: 
"713. Use of likenesses of the great seal of the United States, the seals of the Presi-
dent and Vice President, and the seal of the United States Senate.". 
105 STAT. 1718 
PUBLIC LAW 102-229—DEC. 12, 1991 
SEC. 211. Section 311(i) of the Legislative Branch Appropriations 
Act, 1991 (2 U.S.C. 59e(i)) is amended by striking out "with respect to 
sessions of Congress beginning with the second session of the One 
Hundred Second Congress," and inserting in lieu thereof "beginning 
on May 1,1992,". 
Nevada. 
SEC. 212. The Secretary of Defense shall continue the construction 
of a composite medical replacement facility located at Nellis Air 
Force Base, Nevada, as authorized in the Military Construction 
Authorization Act for Fiscal Years 1990 and 1991 (division B of 
Public Law 101-189) and the Military Construction Authorization 
Act for Fiscal Year 1991 (division B of Public Law 101-510) and as 
provided for in the Military Construction Appropriations Act, 1990 
(Public Law 101-148) and the Military Construction Appropriations 
Act, 1991 (Public Law 101-519). 
SEC. 213. Unobligated funds in the amount of $990,000 authorized 
and appropriated under Public Law 102-143 for bridge safety re-
pairs in Vermont shall be made available as follows—$350,000 to the 
City of Barre for the Granite Street Bridge, $350,000 to the City of 
Montpelier for the Bailey Avenue Bridge, $90,000 to the town of 
Brandon for the replacement of the Dean Bridge, and $90,000 for the 
Town of Williston and $110,000 for the Town of Essex for the North 
Williston Road Bridge—without regard to whether or not such 
expenses are incurred in accordance with sections 101, 106, 110, and 
120 of title 23 of the United States Code. 
SEC. 214. Section 4001(a)(14) of the Employment Retirement 
Income Security Act of 1974 (29 U.S.C. 1301(a)(14)) is amended— 
(1) by striking "and" at the end of subparagraph (A); 
(2) by adding "and" at the end of subparagraph (B); and 
(3) by adding at the end the following new subparagraph: 
"(C)(i) notwithstanding any other provision of this title, 
during any period in which an individual possesses, directly 
or indirectly, the power to direct or cause the direction of 
the management and policies of an affected air carrier of 
which he was an accountable owner, whether through the 
ownership of voting securities, by contract, or otherwise, 
the affected air carrier shall be considered to be under 
common control not only with those persons described in 
subparagraph (B), but also with all related persons; and 
"(ii) for purposes of this subparagraph, the term— 
"(I) 'affected air carrier' means an air carrier, as 
defined in section 101(3) of the Federal Aviation Act of 
1958, that holds a certificate of public convenience and 
necessity under section 401 of such Act for route 
number 147, as of November 12, 1991; 
"(II) 'related person' means any person which was 
under common control (as determined under subpara-
graph (B)) with an affected air carrier on October 10, 
1991, or any successor to such related person; 
"(III) 'accountable owner' means any individual who 
on October 10, 1991, owned directly or indirectly 
through the application of section 318 of the Internal 
Revenue Code of 1986 more than 50 percent of the total 
voting power of the stock of an affected air carrier; 
"(IV) 'successor' means any person that acquires, 
directly or indirectly through the application of section 
318 of the Internal Revenue Code of 1986, more than 50 
percent of the total voting power of the stock of a 
PUBLIC LAW 102-229—DEC. 12, 1991 
105 STAT. 1719 
related person, more than 50 percent of the total value 
of the securities (as defined in section 3(20) of this Act) 
of the related person, more than 50 percent of the total 
value of the assets of the related person, or any person 
into which such related person shall be merged or 
consolidated; and 
"(V) 'individual' means a living human being;". 
This joint resolution may be cited as the "Dire Emergency Supple-
mental Appropriations and Transfers for Relief From the Effects of 
Natural Disasters, for Other Urgent Needs, and for Incremental 
Cost of 'Operation Desert Shield/Desert Storm' Act of 1992". 
Approved December 12, 1991. 
LEGISLATIVE HISTORY—H.J. Res. 157 (H.R. 3543): 
HOUSE REPORTS: Nos. 102-255 accompanying H.R. 3543 (Ctomm. on Appropriations) 
and 102-394 (Comm. of Conference). 
SENATE REPORTS: No. 102-216 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Feb. 28, considered and passed House. 
Oct. 29, H.R. 3543 considered and passed House. 
Nov. 22, H.J. Res. 157 considered and passed Senate, amended. 
Nov. 26, House agreed to conference report. 
Nov. 27, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): 
Dec. 12, Presidential statement.