Dire Emergency Supplemental Appropriations Act, 1988
PL 100-393 (H.R.5026), enacted 08/14/1988

PUBLIC LAW 100-393—AUG. 14, 1988 
102 STAT. 969 
Public Law 100-393 
100th Congress 
An Act 
Making dire emergency supplemental appropriations for the fiscal year ending 
September 30, 1988, and for other purposes. 
Be it enacted 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 
appropriations for the fiscal year ending September 30,1988, and for 
other purposes, namely: 
TITLE I—DIRE EMERGENCY PROGRAM SUPPLEMENTALS 
To meet dire emergencies created by needs for State Unemploy-
ment Insurance and Employment Service Operations, the Black 
Lung Disability Trust Fund, Trade Adjustment Assistance and 
Small Business Disaster Assistance and for personnel, operations, 
and capital required to meet dire emergencies caused by the 
drought, disaster, and financial conditions: 
DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
Aug. 14, 1988 
[H.R. 5026] 
Dire Emergency 
Supplemental 
Appropriations 
Act, 1988. 
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE 
OPERATIONS 
For an additional amount for "State unemployment insurance 
and employment service operations", $15,000,000 which shall be 
expended from the Employment Security Administration account in 
the Unemployment Trust Fund, to fund activities under section 6 of 
the Act of June 6, 1933, as amended (29 U.S.C. 49-491-1; 39 U.S.C. 
3202 (aXlXE)), including the cost of penalty mail made available to 
States in lieu of allotments for such purpose: Provided, That such 
amount shall be available for obligation for the period July 1, 1988, 
through June 30,1989. 
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS 
(TRANSFER OF FUNDS) 
In order to provide for the Black Lung Disability Trust Fund and 
for Trade Adjustment Assistance, such amounts for necessary ad-
vances for the fiscal year ending September 30, 1988, that exceed 
those provided in appropriations, may be derived from balances in 
the revolving fund established by 42 U.S.C. 1101(e). 
102 STAT. 970 
PUBLIC LAW 100-393—AUG. 14, 1988 
SMALL BUSINESS ADMINISTRATION 
SALARIES AND EXPENSES 
(BY TRANSFER) 
For 
an 
additional 
amount 
for 
"Salaries 
and 
expenses", 
$10,300,000, to be derived by transfer from the "Business Loan and 
Investment Fund". 
BUSINESS LOAN AND INVESTMENT FUND 
Outlays in fiscal year 1988 resulting from the use of funds appro-
priated under this heading may not exceed $204,105,000, not includ-
ing transactions originated by the Federal Financing Bank. 
To meet the dire emergency which requires increased drug inter-
diction activities and the enhancement of protection of life and 
property: 
DEPARTMENT OF TRANSPORTATION 
COAST GUARD 
OPERATING EXPENSES 
• • 
(TRANSFERS OF FUNDS) 
For an additional amount for "Operating expenses", not to exceed 
$60,000,000 of which $69,467 shall be derived from unobligated 
balances of "Territorial highways"; $2,460,000 shall be derived from 
unobligated balances of "Motor carrier safety grants"; $129,000 
shall be derived from unobligated balances of "Conrail labor protec-
tion"; $654,014 shall be derived from unobligated balances of "Facili-
ties, engineering, and development"; not to exceed $22,000,000 shall 
be (ierived from funds recovered under sections 5, 9, and 18 of the 
Urban Mass Transportation Act of 1964, as amended, that would 
otherwise be reapportioned on or after October 1, 1988; $2,000,000 
shall be derived from unobligated balances of "Research, training, 
and human resources" other than funding for the cold weather 
transit technology program and the phosphoric acid fuel cell bus 
technology program; not to exceed $6,000,000 shall be derived from 
unobligated balances of "Acquisition, construction, and improve-
ments"; $5,000,000 shall be derived from unobligated balances of 
"Research, development, test, and evaluation"; $6,687,519 shall be 
derived from unobligated balances of "Pollution fund"; $1,600,000 
shall be derived from unobligated balances of "Offshore oil pollution 
compensation fund"; and $1,400,000 shall be derived from unobli-
gated balances of "Deepwater port liability fund". 
FEDERAL AVIATION ADMINISTRATION 
GRANTS-IN-AID F
O
R AIRPORTS 
(AIRPORT AND AIRWAY TRUST FUND) 
(RESCISSION) 
The sum of $12,000,000 of unobligated contract authority available 
for airport development and planning pursuant to section 505(a) of 
PUBLIC LAW 100-393—AUG. 14, 1988 
102 STAT. 971 
the Airport and Airway Improvement Act of 1982, as amended, is 
hereby rescinded. 
To meet the dire emergency created by the Mariel Cuban prisoner 
riots in Federal prisons and a deficiency in the United States 
Marshals Service: 
DEPARTMENT OF JUSTICE 
LEGAL ACTIVITIES 
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE 
(TRANSFER OF FUNDS) 
For an additional amount for "Salaries and Expenses, United 
States Marshals Service", $3,500,000 to remain available until 
expended to be derived by transfer from "Immigration and Natu-
ralization Service, Salaries and expenses". 
SUPPORT OF UNITED STATES PRISONERS 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for "Support of Prisoners", $23,300,000, 
to remain available until expended of which $8,300,000 shall be 
derived by transfer from the Immigration and Naturalization Serv-
ice salaries and expenses. 
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE 
For an additional amount for "Salaries and expenses, Community 
Relations Service", $6,000,000, to remain available until expended. 
" ' 
. 
FEDERAL PRISON SYSTEM 
SALARIES AND EXPENSES 
For 
an 
additional 
amount 
for 
"Salaries 
and 
expenses", 
$42,609,000, to remain available until expended. 
DEPARTMENT OF DEFENSE—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
EMERGENCY DROUGHT AUTHORITY 
To meet the problems of the Mississippi River Basin, where the 
water is the lowest in history, with the River flowing north at New 
Orleans, with water systems endangered, and similar conditions 
elsewhere, the Secretary of the Army, acting through the Chief of 
Engineers, within existing law and within available funds, is 
directed to— 
(a) conduct emergency drought relief activities for domestic, 
municipal, industrial, aquacultural and agricultural purposes in 
and adjacent to the Mississippi River and its tributaries. Such 
activities may include, but shall not be limited to, dredging of 
shoals impeding navigation; construction and operation of salt 
102 STAT. 972 
PUBLIC LAW 100-393—AUG. 14, 1988 
water intrusion barriers and associated facilities; transportation 
(by barge or other means) of potable water; and construction of 
water wells and necessary treatment and distribution facilities; 
(b) as provided by existing law, in cooperation with local 
authorities, utilize water in any reservoir operated by the Sec-
retary for emergency water supply purposes: Provided, That no 
additional authority to change the existing situation in regard 
to the Great Lakes or reservoirs at the headwaters of the 
Mississippi is provided by this language. 
(c) provide technical assistance to State and local govern-
ments and public water agencies engaged in water conservation 
and drought management activities; and 
(d) prepare regional drought management plans. 
DEPARTMENT OF AGRICULTURE 
ADMINISTRATIVE PROVISION 
Because of the effects of the drought, financial, and other prob-
lems, the Department of Agriculture is urged to use all authority in 
existing law in addition to such additional authority as may be 
provided by the Congress, to enable those engaged in agriculture to 
stay in business and to prevent foreclosure and make their normal 
and essential contribution to the general economy. 
AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE 
SALARIES AND EXPENSES 
(INCLUDING TRANSFERS OF FUNDS) 
Not to exceed an additional $45,427,000 may be transferred to and 
merged with this appropriation from the Commodity Credit Cor-
poration fund to meet the increased workload in the county offices 
as a result of the 1988 drought, and the portion thereof made 
available to county committees shall remain available until 
expended. 
SOIL CONSERVATION SERVICE 
WATERSHED AND FLOOD PREVENTION OPERATIONS 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for emergency measures as provided by 
sections 403-405 of the Agricultural Credit Act of 1978 (16 U.S.C. 
2203-2205), $10,000,000, to remain available until expended, to be 
derived by transfer from the unobligated balances in emergency 
insured loans. Agricultural Credit Insurance Fund. 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
FOOD AND DRUG ADMINISTRATION 
SALARIES AND EXPENSES 
AIDS. 
For an additional amount for necessary expenses of the Food and 
Drug Administration for product emergencies and AIDS, $5,500,000, 
to remain available until expended. 
PUBLIC LAW 100-393—AUG. 14, 1988 
102 STAT. 973 
FUNDS APPROPRIATED TO THE PRESIDENT 
DEPARTMENT OF STATE 
UNITED STATES EMERGENCY MIGRATION AND REFUGEE ASSISTANCE 
FUND 
For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended, 
$24,000,000 to remain available until expended: Provided, That not 
less than $6,000,000 shall be made available for Soviet and other 
Eastern European Refugees. 
DEPARTMENT OF COMMERCE 
BUREAU OF THE CENSUS 
; 
PERIODIC C E N S U S E S AND PROGRAMS 
The amount made available in the appropriation under this head-
ing in the Department of Commerce Appropriation Act, 1988, shall 
remain available until expended. 
DEPARTMENT OF DEFENSE-MILITARY 
ADMINISTRATIVE PROVISION 
Of the funds available to the Department of Defense during the 
current fiscal year, not more than $14,000,000 may be transferred to 
"Federal Bureau of Investigation, Salaries and Expenses" to fund 
increased workload requirements due to INF treaty implementa-
tion: Provided, That such funds may be expended pursuant to 
authorities available to the Federal Bureau of Investigation: Pro-
vided further, That of this amount, $8,000,000 shall remain available 
until expended. 
DEPARTMENT OF STATE 
ADMINISTRATIVE PROVISION 
Notwithstanding any other provision of law, funds appropriated to 
the Department of State in fiscal year 1988 may be used without 
reimbursement to carry out the provisions of section 6 of the Arms 
Control and Disarmament Amendments Act of 1987 (Public Law 
100-213). 
DEPARTMENT OF ENERGY 
ADMINISTRATIVE PROVISION 
The 30-day notice period for the review of the sale of the Great 
Plains gasification plant by Congress shall not commence earlier 
than August 25, 1988. 
102 STAT. 974 
PUBLIC LAW 100-393—AUG. 14, 1988 
OTHER INDEPENDENT AGENCIES 
BOARD FOR INTERNATIONAL BROADCASTING 
GRANTS AND EXPENSES 
In appropriation language under this heading in the Departments 
of Commerce, Justice, and State, the Judiciary, and Related Agen-
101 Stat. 
cies Appropriations Act, 1988, delete the word "for"; add the follow-
1329-28. 
jng phrase at the beginning of the paragraph: "Notwithstanding 
section 501(b) of title V of the Foreign Relations Authorization Act, 
Fiscal Years 1988 and 1989, for"; and delete the phrase "of which 
$20,000,000, to remain available until expended, shall become avail-
able for expenditure on October 1, 1988, and": Provided, That for 
purposes of section 202 of Public Law 100-119 (H.J. Res. 324, 100th 
Congress), this action is a necessary (but secondary) result of a 
significant policy change. 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
RESEARCH AND PROGRAM MANAGEMENT 
(TRANSFER OF FUNDS) 
For an additional amount for "Research and program manage-
ment", up to $19,600,000, which shall be derived by transfer from 
"Research and development" and "Space flight, control and data 
communications". 
VETERANS ADMINISTRATION 
COMPENSATION AND PENSIONS 
For an additional amount for "Compensation and pensions", 
$498,100,000, to remain available until expended, and for an addi-
tional amount for "Medical care", $31,730,000, of which $21,730,000 
is derived by transfer from the Veterans' Administration Loan 
Guaranty Revolving Fund: Provided, That the penultimate proviso 
in the appropriation language under the head "MEDICAL CARE" in 
the Department of Housing and Urban Development—Independent 
Agencies Appropriations Act, 1988 (H.R. 2783), as enacted in section 
101 Stat. 
101(f) of Public Law 100-202 is deleted. 
1329-206. 
PUBLIC LAW 100-393—AUG. 14, 1988 
102 STAT. 975 
TITLE II—GENERAL PROVISION 
No part of any appropriation contained in this Act shall remain 
available for obligation beyond the current fiscal year unless 
expressly so provided herein. 
This Act may be cited as the "Dire Emergency Supplemental 
Appropriations Act, 1988". 
Approved August 14, 1988. 
LEGISLATIVE HISTORY—H.R. 5026: 
HOUSE REPORTS: No. 100-797 (Ck)mm. on Appropriations). 
SENATE REPORTS: No. 100-448 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
July 27, considered and passed House. 
Aug. 4, 10, considered and passed Senate, amended. 
Aug. 11, House disagreed to certain Senate amendments and concurred in 
another with an amendment. Senate receded £md concurred in House amend-
ment.