[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3759 Reported in House (RH)]

                                                 Union Calendar No. 233

103d CONGRESS

  2d Session

                               H. R. 3759

                          [Report No. 103-415]

_______________________________________________________________________

                                 A BILL

Making emergency supplemental appropriations for the fiscal year ending 
              September 30, 1994, and for other purposes.

_______________________________________________________________________

                            February 1, 1994

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed





                                                 Union Calendar No. 233
103d CONGRESS
  2d Session
                                H. R. 3759

                          [Report No. 103-415]

Making emergency supplemental appropriations for the fiscal year ending 
              September 30, 1994, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 1, 1994

    Mr. Natcher, from the Committee on Appropriations, reported the 
following 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, 1994, 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 emergency supplemental 
appropriations for the fiscal year ending September 30, 1994, and for 
other purposes, namely:

                               CHAPTER I

      DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
                  ADMINISTRATION, AND RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                       Soil Conservation Service

               watershed and flood prevention operations

    For an additional amount for ``Watershed and flood prevention 
operations'' to repair damage to the waterways and watersheds resulting 
from the Midwest floods and California fires of 1993 and other natural 
disasters, $340,500,000, to remain available until September 30, 1995: 
Provided, That such 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: Provided 
further, That if the Secretary determines that the cost of land and 
levee restoration exceeds the fair market value of an affected 
cropland, the Secretary may use sufficient amounts from funds provided 
under this heading to accept bids from willing sellers to enroll such 
cropland inundated by the Midwest floods of 1993 in any of the affected 
States in the Wetlands Reserve Program, authorized by subchapter C of 
chapter 1 of subtitle D of title XII of the Food Security Act of 1985 
(16 U.S.C. 3837).

          Agricultural Stabilization and Conservation Service

                     emergency conservation program

    For an additional amount for ``Emergency conservation program'' for 
expenses resulting from the Midwest floods and California fires of 1993 
and other natural disasters, $25,000,000, to remain available until 
September 30, 1995: Provided, That such 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.

                      Commodity Credit Corporation

    Funds made available in Public Law 103-75 for the Commodity Credit 
Corporation shall be available to fund the costs of replanting, 
reseeding, or repairing damage to commercial trees and seedlings, 
including orchard and nursery inventory.

                               CHAPTER II

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                                AGENCIES

                             RELATED AGENCY

                     Small Business Administration

                     disaster loans program account

    For an additional amount for emergency expenses resulting from the 
January 1994 earthquake in Southern California and other disasters, 
$309,750,000, to remain available until expended, of which up to 
$55,000,000 may be transferred to and merged with the appropriations 
for ``Salaries and expenses'' for associated administrative 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.

                        administrative provision

    Section 24 of the Small Business Act (15 U.S.C. 651) is amended in 
subsection (a) by striking the period at the end thereof and by 
inserting in lieu thereof the following: ``, and shall give priority to 
a proposal to restore an area determined to be a major disaster by the 
President on a date not more than three years prior to the fiscal year 
for which the application is made.''.

                              CHAPTER III

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$6,600,000: 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.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$19,400,000: 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.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$18,400,000: 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.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$420,100,000: 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.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$104,800,000: 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.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $560,100,000: 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.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $21,600,000: 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.

                              PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$20,300,000, to remain available for obligation until September 30, 
1996: 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.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', $200,000, 
to remain available for obligation until September 30, 1996: 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.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$26,800,000, to remain available for obligation until September 30, 
1996: 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.

                    GENERAL PROVISIONS--CHAPTER III

    Sec. 301. Notwithstanding sections 607 and 630 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2357 and 22 U.S.C. 2390), 
reimbursements received from the United Nations for expenses of the 
Department of Defense charged to the appropriations provided by this 
Act shall be deposited to the miscellaneous receipts of the Treasury.
    Sec. 302. During the current fiscal year, the Department of Defense 
is authorized to incur obligations for purposes specified in Section 
2350j(c) of Title 10, United States Code in anticipation of receipt of 
contributions under that section: Provided, That, upon receipt, such 
contributions shall be credited to the appropriation or fund which 
incurred such obligations.
    Sec. 303. Funds appropriated in this chapter shall only be 
obligated and expended to fund the incremental and associated costs of 
the Department of Defense incurred in connection with the ongoing 
United States operations relating to Somalia; the ongoing United States 
humanitarian airdrops, hospital operations, and enforcement of the no-
fly zone relating to Bosnia; the ongoing United States operations 
relating to Southwest Asia; and the ongoing United States operations 
supporting the maritime interception operations relating to Haiti.

                               CHAPTER IV

                      ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                 Flood Control and Coastal Emergencies

    For an additional amount for ``Flood control and coastal 
emergencies'', $70,000,000, to remain available until expended: 
Provided, That such 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.

                               CHAPTER V

DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED 
                                AGENCIES

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                   low-income home energy assistance

    Of the amounts provided under this heading in Public Law 103-112 
and 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, subject to the terms and conditions 
specified in Public Law 103-112, $200,000,000, if designated by the 
President as an emergency, may be allotted by the Secretary of the 
Department of Health and Human Services, as she determines is 
appropriate, to any one or more of the jurisdictions funded under title 
XXVI of the Omnibus Budget Reconciliation Act of 1981, to meet 
emergency needs.
    The second paragraph under this heading in Public Law 102-394 is 
amended as follows: strike ``June 30, 1994'' and insert ``September 30, 
1994''.

                        DEPARTMENT OF EDUCATION

                               impact aid

    For carrying out disaster assistance activities resulting from the 
January 1994 earthquake in Southern California and other disasters as 
authorized under section 7 of Public Law 81-874, $165,000,000, to 
remain available through September 30, 1995: 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.

                      student financial assistance

    For an additional amount for ``Student financial assistance'' for 
payment of awards made under title IV, part A, subpart 1 of the Higher 
Education Act of 1965, as amended, $80,000,000, to remain available 
through September 30, 1995: Provided, That notwithstanding sections 
442(e) and 462(j) of such Act, the Secretary may reallocate, for use in 
award year 1994-1995 only, any excess funds returned to the Secretary 
of Education under the Federal Work-Study or Federal Perkins Loan 
programs from award year 1993-1994 to assist individuals who suffered 
financial harm from the January 1994 earthquake in Southern California 
and other disasters: 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 Control 
Act of 1985, as amended.

                               CHAPTER VI

           DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES

                     FEDERAL HIGHWAY ADMINISTRATION

                          Federal-Aid Highways

                        emergency relief program

                          (highway trust fund)

    For the Emergency Fund authorized by 23 U.S.C. 125 to cover 
expenses arising from the January 1994 earthquake in Southern 
California and other disasters, $950,000,000; and in addition 
$400,000,000, which 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, is transmitted by the President to the Congress, all 
to be derived from the Highway Trust Fund and to remain available until 
expended: Provided, That the entire amount is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the limitation on obligations per State in 23 
U.S.C. 125(b) shall not apply to projects relating to such earthquake: 
Provided further, That notwithstanding 23 U.S.C. 120(e), the Federal 
share for any project on the Federal-aid highway system related to such 
earthquake shall be 100 percent for the costs incurred in the 180 day 
period beginning on the date of the earthquake.
    In addition, for emergency expenses resulting from the Loma Prieta 
earthquake of October 17, 1989, as authorized by 23 U.S.C. 125, 
$315,000,000, to be derived from the Highway Trust Fund and to remain 
available until expended: Provided, That such 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.

                              CHAPTER VII

DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
                          INDEPENDENT AGENCIES

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                              medical care

    For an additional amount for emergency expenses resulting from the 
January 1994 earthquake in Southern California, $21,000,000, to remain 
available until expended, of which not to exceed $802,000 is available 
for transfer to General Operating Expenses, the Guaranty and Indemnity 
Program Account, and the Vocational Rehabilitation Loans Program 
Account: 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.

                      construction, major projects

    For an additional amount for ``Construction, major projects'' for 
emergency expenses resulting from the January 1994 earthquake in 
Southern California and other disasters, $45,600,000, to remain 
available until expended, of which such sums as may be necessary may be 
transferred to the ``Medical care'' and ``Construction, minor 
projects'' accounts: 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.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

               annual contributions for assisted housing

    For an additional amount under this head, $225,000,000, to remain 
available until December 31, 1995, of which $200,000,000 shall be for 
rental assistance under the section 8 existing housing certificate 
program (42 U.S.C. 1437f) and the housing voucher program under section 
8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), and 
$25,000,000 shall be for the modernization of existing public housing 
projects pursuant to section 14 of the United States Housing Act of 
1937 (42 U.S.C. 1437l): Provided, That these funds shall be used first 
to replenish amounts used from the headquarters reserve established 
pursuant by section 213(d)(4)(A) of the Housing and Community 
Development Act of 1974, as amended, for assistance to victims of the 
January 1994 earthquake in Southern California: Provided further, That 
any amounts remaining after the headquarters reserve has been 
replenished shall be available under such programs for additional 
assistance to victims of the earthquake referred to above: Provided 
further, That in administering these funds, the Secretary may waive or 
specify alternative requirements for any provision of any statute or 
regulation that the Secretary administers in connection with the 
obligation by the Secretary or any use by the recipient of these funds, 
except for the requirements relating to fair housing and 
nondiscrimination, the environment, and labor standards, upon finding 
that such waiver is required to facilitate the obligation and use of 
such funds and would not be inconsistent with the overall purpose of 
the statute or regulation: 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 Control 
Act of 1985, as amended.

                         flexible subsidy fund

    For emergency assistance to owners of eligible multifamily housing 
projects damaged by the January 1994 earthquake in Southern California 
who are either insured or formerly insured under the National Housing 
Act, as amended, or otherwise eligible for assistance under section 
201(c) of the Housing and Community Development Amendments of 1978, as 
amended (12 U.S.C. 1715z-1a), in the program of assistance for troubled 
multifamily housing projects under the Housing and Community 
Development Amendments of 1978, as amended, $100,000,000, to remain 
available until September 30, 1995: Provided, That assistance to an 
owner of a multifamily housing project assisted, but not insured under 
the National Housing Act, may be made if the project owner and the 
mortgagee have provided or agreed to provide assistance to the project 
in a manner as determined by the Secretary of Housing and Urban 
Development: Provided further, That assistance is for the repair of 
damage or the recovery of losses directly attributable to the Southern 
California earthquake of 1994: Provided further, That in administering 
these funds, the Secretary may waive, or specify alternative 
requirements for, any provision of any statute or regulation that the 
Secretary administers in connection with the obligation by the 
Secretary or any use by the recipient of these funds, except for 
statutory requirements relating to fair housing and nondiscrimination, 
the environment, and labor standards, upon finding that such waiver is 
required to facilitate the obligation and use of such funds, and would 
not be inconsistent with the overall purpose of the statute or 
regulation: 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 Control 
Act of 1985, as amended.

                   Community Planning and Development

                      community development grants

    For an additional amount for ``Community development grants'', as 
authorized under title I of the Housing and Community Development Act 
of 1974, for emergency expenses resulting from the January 1994 
earthquake in Southern California, $250,000,000, to remain available 
until September 30, 1996 for all activities eligible under such title I 
except those activities reimbursable by the Federal Emergency 
Management Agency (FEMA) or available through the Small Business 
Administration (SBA): Provided, That from this amount, the Secretary 
may transfer up to $50,000,000 to the ``HOME investment partnerships 
program'', as authorized under title II of the Cranston-Gonzalez 
National Affordable Housing Act, as amended (Public Law 101-625), to 
remain available until expended, as an additional amount for such 
emergency expenses for all activities eligible under such title II 
except activities reimbursable by FEMA or available through SBA: 
Provided further, That the recipients of amounts under this 
appropriation, including the foregoing transfer (if any), shall use 
such amounts first to replenish amounts previously obligated under 
their Community Development Block Grant or HOME programs, respectively, 
in connection with the Southern California earthquake of January 1994: 
Provided further, That in administering these funds, the Secretary may 
waive, or specify alternative requirements for, any provision of any 
statute or regulation that the Secretary administers in connection with 
the obligation by the Secretary or any use by the recipient of these 
funds, except for statutory requirements relating to fair housing and 
nondiscrimination, the environment, and labor standards, upon finding 
that such waiver is required to facilitate the obligation and use of 
such funds, and would not be inconsistent with the overall purpose of 
the statute or regulation: 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 Control 
Act of 1985, as amended.

                          INDEPENDENT AGENCIES

                  Federal Emergency Management Agency

                            disaster relief

    For an additional amount for ``Disaster Relief'' for the January 
1994 earthquake in Southern California and other disasters, 
$4,709,000,000 to remain available until expended: Provided, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

              emergency management planning and assistance

    For an additional amount for ``Emergency Management Planning and 
Assistance'', to carry out activities under the Earthquake Hazards 
Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.) $15,000,000, 
to remain available until expended, to study the January 1994 
earthquake in Southern California in order to enhance seismic safety 
throughout the United States: 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.

                              CHAPTER VIII

                  FUNDS APPROPRIATED TO THE PRESIDENT

                          Unanticipated Needs

    For an additional amount for emergency expenses resulting from the 
January 1994 earthquake in Southern California and other disasters, 
$500,000,000, to remain available until expended: Provided, That these 
funds may be transferred to any authorized Federal governmental 
activity to meet the requirements of such disasters: 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: 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 Control 
Act of 1985, as amended.

                               CHAPTER IX

                           GENERAL PROVISIONS

    Sec. 601. 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 of benefits for individuals not lawfully within the united 
                                 states

    Sec. 602. None of the funds made available in this Act may be used 
to provide any benefit or assistance to any individual in the United 
States when it is known to a Federal entity or official to which the 
funds are made available that--
            (1) the individual is not lawfully within the United 
        States; and
            (2) The direct Federal assistance or benefit to be provided 
        is other than search and rescue; emergency medical care; 
        emergency mass care; emergency shelter; clearance of roads and 
        construction of temporary bridges necessary to the performance 
        of emergency tasks and essential community services; warning of 
        further risks or hazards; dissemination of public information 
        and assistance regarding health and safety measures; the 
        provision of food, water, medicine and other essential needs, 
        including movement of supplies or persons; and reduction of 
        immediate threats to life, property and public health and 
        safety.
    Sec. 603. (a) Study by Comptroller General.--The Comptroller 
General of the United States shall conduct a study regarding Federal 
laws, unfunded Federal mandates, and other Federal regulatory 
requirements, that may prevent or impair the ability of State and local 
authorities to rebuild expeditiously the areas devastated by the 
January 1994 earthquake in Southern California. In conducting the 
study, the Comptroller General shall consult with State and local 
officials of California.
    (b) Report.--Not later than 30 days after the date of the enactment 
of this Act, the Comptroller General shall submit to the Congress a 
report setting forth findings and recommendations as a result of the 
study conducted under subsection (a). The report shall include--
            (1) an identification of the specific Federal laws, 
        unfunded Federal mandates, and other Federal regulatory 
        requirements, referred to in subsection (a);
            (2) an analysis of the manner in which such laws, mandates, 
        and other requirements may prevent or impair the ability of 
        State and local authorities to rebuild expeditiously the areas 
        devastated by the January 1994 earthquake in Southern 
        California; and
            (3) recommended forms of, and appropriate time periods for, 
        relief from such laws, mandates, and other requirements.
    This Act may be cited as the ``Emergency Supplemental 
Appropriations Act of 1994''.
HR 3759 RH----2