[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1768 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 326
105th CONGRESS
  2d Session
                                S. 1768

                          [Report No. 105-168]

Making emergency supplemental appropriations for recovery from natural 
 disasters, and for overseas peacekeeping efforts, for the fiscal year 
           ending September 30, 1998, and for other purposes.


Rule___________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 1998

    Mr. Stevens, from the Committee on Appropriations, reported the 
    following original bill, which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
Making emergency supplemental appropriations for recovery from natural 
 disasters, and for overseas peacekeeping efforts, for the fiscal year 
           ending September 30, 1998, 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, for recovery from natural disasters, and for overseas 
peacekeeping efforts, for the fiscal year ending September 30, 1998, 
and for other purposes, namely:

   TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM 
   NATURAL DISASTERS, AND FOR OVERSEAS PEACEKEEPING EFFORTS, FOR THE 
     FISCAL YEAR ENDING SEPTEMBER 30, 1998, AND FOR OTHER PURPOSES

                               CHAPTER 1

  SUBCOMMITTEE ON AGRICULTURE, RURAL DEVELOPMENT, AND RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                      Departmental Administration

    For an additional amount for ``Departmental Administration'', 
$2,000,000.

                     Office of the General Counsel

    For an additional amount for the ``Office of the General Counsel'', 
$235,000.

                          Farm Service Agency

           agricultural credit insurance fund program account

    For an additional amount for the ``Agricultural Credit Insurance 
Fund Program Account'', for the cost of direct and guaranteed loans 
authorized by 7 U.S.C. 1928-1929, including the cost of modifying such 
loans as defined in section 502 of the Congressional Budget Act of 
1974, as follows: farm ownership loans, $3,574,197, of which $966,197 
shall be for guaranteed loans; and direct operating loans, $3,162,000.
    For an additional amount for the ``Agricultural Credit Insurance 
Fund Program Account'' for the cost of emergency insured loans 
authorized by 7 U.S.C. 1928-29, including the cost of modifying such 
loans as defined in section 502 of the Congressional Budget Act of 
1974, for losses resulting from ice storms, flooding, tornadoes and 
other natural disasters, $21,000,000, to remain available until 
expended: Provided, That the entire amount shall be available only to 
the extent that an official budget request for $21,000,000, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of such Act.

                     emergency conservation program

    For an additional amount for the ``Emergency Conservation Program'' 
for expenses resulting from ice storms, flooding, tornadoes and other 
natural disasters, $60,000,000, to remain available until expended: 
Provided, That of the funds provided under this heading, $40,000,000 
shall be made available only for flooding and natural disaster relief 
in Georgia: Provided further, That the entire amount shall be available 
only to the extent that an official budget request for $60,000,000, 
that includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of such Act.
    For necessary expenses to carry out the emergency conservation 
program authorized under sections 401, 402, and 404 of the Agricultural 
Credit Act of 1978 (16 U.S.C. 2201, 2202, 2204) to provide cost-sharing 
assistance to maple producers to replace taps and tubing that were 
damaged by ice storms in northeastern States in 1998, $4,480,000, to 
remain available until expended: Provided, That the entire amount shall 
be available only to the extent that an official budget request for 
$4,480,000, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of such Act.

                   Commodity Credit Corporation Fund

            dairy and livestock disaster assistance program

    Effective only for losses incurred beginning on November 27, 1997, 
through the date of enactment of this Act, $4,000,000 to implement a 
livestock and dairy indemnity program to compensate producers for 
losses of livestock and milk that had been produced but not marketed 
due to natural disasters designated pursuant to a Presidential or 
Secretarial declaration requested during such a period in a manner 
similar to catastrophic loss coverage available for other commodities 
under 7 U.S.C. 1508(b): Provided, That in establishing a program 
described in the preceding sentence, the Secretary shall, to the extent 
practicable, utilize gross income and payment limitations conditions 
established for the Disaster Reserve Assistance Program for the 1996 
crop year: Provided further, That the entire amount is designated by 
the 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.

                 Natural Resources Conservation Service

               watershed and flood prevention operations

    For an additional amount for ``Watershed and Flood Prevention 
Operations'' to repair damages to the waterways and watersheds 
resulting from ice storms, flooding, tornadoes and other natural 
disasters, $50,000,000, to remain available until expended: Provided, 
That of the funds provided under this heading, $10,000,000 shall be 
made available only for flooding and natural disaster relief in 
Georgia: Provided further, That the entire amount shall be available 
only to the extent that an official budget request for $50,000,000, 
that includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of such Act.

                           Food Stamp Program

    Of the amounts made available under this head in Public Law 105-86, 
funds for employment and training shall remain available until expended 
as authorized by section 16(h)(1) of the Food Stamp Act.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

    For an additional amount for ``Salaries and expenses'' from fees 
collected pursuant to section 736 of the Federal Food, Drug, and 
Cosmetic Act, not to exceed $25,918,000, to remain available until 
expended.

                               CHAPTER 2

                        SUBCOMMITTEE ON 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 the 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, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$22,300,000: Provided, That such amount is designated by the 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, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$5,100,000: Provided, That such amount is designated by the 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 the 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.

                        Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$4,100,000: Provided, That such amount is designated by the 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.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$1,886,000: Provided, That such amount is designated by the 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.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$33,272,000: Provided, That such amount is designated by the 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.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $21,509,000: Provided, That such amount is designated by the 
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.

                Operation and Maintenance, Defense-wide

                     (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, Defense-
wide'', $1,390,000: Provided, That such amount is designated by the 
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.
    For an additional amount for ``Operation and Maintenance, Defense-
wide'', $44,000,000, for emergency expenses resulting from natural 
disasters in the United States: Provided, That the entire amount shall 
be available only to the extent that an official budget request for 
$44,000,000, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of such Act: Provided further, That 
the Secretary of Defense may transfer these funds to current applicable 
operation and maintenance appropriations, to be merged with and 
available for the same purposes and for the same time period as the 
appropriation to which transferred: Provided further, That the transfer 
authority provided in this provision is in addition to any transfer 
authority available to the Department.

                Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $650,000: Provided, That such amount is designated by the 
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.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $229,000: Provided, That such amount is designated by the 
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.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $175,000: Provided, That such amount is designated by 
the 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.

             Overseas Contingency Operations Transfer Fund

                     (including transfer of funds)

    For an additional amount for ``Overseas Contingency Operations 
Transfer Fund'', $1,556,000,000, to remain available until expended, of 
which $46,000,000 shall be available for classified programs: Provided, 
That such amount is designated by the 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 the Secretary of Defense may transfer these funds to fiscal year 
1998 appropriations for operation and maintenance, working capital 
funds, and the Defense Health Program: 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 
transferred: Provided further, That funds appropriated under this 
heading, or made available by transfer of such funds, to any 
intelligence agency or activity of the United States Government shall 
be deemed to be specifically authorized by the Congress for purposes of 
section 504 of the National Security Act of 1947 (50 U.S.C. 414): 
Provided further, That the transfer authority provided under this 
heading 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'', 
$23,017,000: Provided, That such amount is designated by the 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.

                   Defense-wide Working Capital Fund

    For an additional amount for ``Defense-wide Working Capital Fund'', 
$1,000,000: Provided, That such amount is designated by the 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.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for the ``Defense Health Program'', 
$1,900,000: Provided, That such amount is designated by the 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.

                     GENERAL PROVISIONS, CHAPTER 2

    Sec. 201. In addition to the amounts provided in Public Law 105-56, 
$36,500,000 is appropriated under the heading ``Overseas Humanitarian, 
Disaster, and Civic Aid'': Provided, That from the funds made available 
under that heading, the Secretary of Defense shall make a grant in the 
amount of $16,500,000 to the American Red Cross for Armed Forces 
emergency services: Provided further, That from the funds made 
available under that heading, the Secretary of Defense shall make a 
grant in the amount of $20,000,000 to the American Red Cross for 
reimbursement for disaster relief and recovery expenditures at overseas 
locations: Provided further, That the entire amount shall be available 
only to the extent that an official budget request for $36,500,000, 
that includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of such Act.
    Sec. 202. The Secretary of the Army shall comply with the 
memorandum of agreement entitled ``Yakima Training Center Proposed Land 
Acquisition: Recreational Mitigation Requirements'' that was entered 
into between the Washington State Parks and Recreation Commission and 
the Department of the Army (with the Commanding General of I Corps, 
United States Army, acting for the Department of the Army) on September 
27, 1991.
    Sec. 203. The President is urged to encourage other nations who are 
allies and friends of the United States to contribute to the burden 
being borne by the United States in preventing the government of Iraq 
from using Weapons of Mass Destruction, which pose a threat to the 
world community. The President is also urged to seek financial, in-kind 
and other contributions to help defray the costs being incurred by the 
United States in this operation. For this purpose, a special account 
shall be established in the Treasury which will accept such financial 
contributions, and from which funds will be subject to obligation 
through the normal appropriations process. The Secretary of Defense, 
after consultation with the Secretary of State, shall provide a report 
to the Congress within 60 days after enactment as to the status of this 
effort, and shall make a comprehensive account of the efforts made and 
results obtained to share the burden of the common defense. The 
Director of the Office of Management and Budget shall report to the 
Congress within 30 days as to the establishment of such burden-sharing 
account in the Department of the Treasury.

                          (transfer of funds)

    Sec. 204. Of the funds appropriated in Public Law 105-56, under the 
heading ``Chemical Agents and Munitions Destruction, Defense'' for 
Operation and maintenance, $40,000,000 shall be transferred to 
``Operation and Maintenance, Defense-Wide''.

                               CHAPTER 3

              SUBCOMMITTEE ON ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                         construction, general

    For emergency repairs due to flooding and other natural disasters, 
$8,000,000, to remain available until expended: Provided, That the 
Secretary of the Army is authorized and directed to obligate and expend 
the funds appropriated under this heading to proceed with engineering 
and design and construction to repair and upgrade the Archusa Dam and 
appurtenant structures located in Quitman, Mississippi if the Secretary 
of the Army certifies that such repair is necessary to provide flood 
control benefits downstream of the dam: Provided further, That a non-
Federal sponsor shall enter into a binding agreement with the Secretary 
wherein the non-Federal sponsor shall pay 50 percent of the cost of the 
project, provide all lands, easements, rights of way, relocations, and 
dredged material disposal areas required for the project, and pay 100 
percent of the costs of operation, maintenance, repair, replacement or 
rehabilitation of the project: Provided further, That the entire amount 
shall be available only to the extent an official budget request for 
$8,000,000, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That the entire amount is designated by the 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.
    An additional amount for emergency levee and waterway repairs at 
Elba and Geneva, Alabama to be conducted at full Federal expense, 
$25,000,000, to remain available until expended: Provided, That the 
Secretary of the Army is authorized and directed to obligate and expend 
the funds appropriated for the Elba and Geneva, Alabama levees and 
waterway repair to proceed with engineering and design and 
reconstruction if the Secretary of the Army certifies that such work is 
necessary to provide flood control benefits in the vicinity of Elba and 
Geneva, Alabama: Provided further, That the Corps of Engineers shall 
not be responsible for the future costs of operation, repair, 
replacement or rehabilitation of the project: Provided further, That 
the entire amount shall be available only to the extent an official 
budget request of $25,000,000, that includes designation of the entire 
amount of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress: Provided further, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of such Act.

                   operation and maintenance, general

    For emergency repairs due to flooding and other natural disasters, 
$30,000,000, to remain available until expended, of which such amounts 
for eligible navigation projects which may be derived from the Harbor 
Maintenance Trust Fund pursuant to Public Law 99-662, shall be derived 
from that Fund, and the remainder shall be derived by transfer from the 
``Flood Control and Coastal Emergencies'' account: Provided, That the 
entire amount shall be available only to the extent an official budget 
request for $30,000,000, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, That 
the entire amount is designated by the 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.

                          DEPARTMENT OF ENERGY

                    Atomic Energy Defense Activities

                           weapons activities

                          (transfer of funds)

    For an additional amount for atomic energy defense weapons 
activities, including the purchase, construction, and acquisition of 
plant and capitol equipment, and other necessary expenses, $4,000,000, 
to remain available until expended, to be derived from funds 
appropriated in the Energy and Water Development Appropriations Act, 
1998, or prior year Acts, as follows: $4,000,000 from ``Other Defense 
Activities''.

                      Departmental Administration

    Such additional amounts as necessary, not to exceed $5,408,000, to 
cover increases in the estimated amount of cost of Work For Others 
notwithstanding the provisions of the Anti-Deficiency Act (31 U.S.C. 
1511, et seq.): Provided, That such increases in cost of Work For 
Others are offset by revenue increases of the same or greater amount 
derived from fees authorized by sections 31 and 33 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2051 and 2053), to remain available until 
expended.

                     GENERAL PROVISIONS, CHAPTER 3

    Sec. 301. Section 303 of the Energy and Water Development 
Appropriations Act, 1998 (Public Law 105-62), does not apply to the 
worker transition plan for the Pinellas Plant site.
    Sec. 302. Section 2 of the Emergency Drought Relief Act of 1996 
(Public Law 104-318; 110 Stat. 3862) is amended by adding at the end 
the following new section:
     ``(c) Extension of Periods for Repayment.--Notwithstanding any 
provision of the Reclamation Project Act of 1939 (43 U.S.C. 485 et 
seq.), the Secretary of the Interior--
            ``(1) shall extend the period for repayment by the City of 
        Corpus Christi, Texas, and the Nueces River Authority under 
        contract No. 6-07-01-x0675, relating to the Nueces River 
        reclamation project, Texas, until--
                    ``(A) August 1, 2029 for repayment pursuant to the 
                municipal and industrial water supply benefits portion 
                of the contract; and
                    ``(B) until August 1, 2044 for repayment pursuant 
                to the fish and wildlife and recreation benefits 
                portion of the contract, and
            ``(2) shall extend the period for repayment by the Canadian 
        River Municipal Water Authority under contract No. 14-06-500-
        485 relating to the Canadian River reclamation project, Texas, 
        until October 1, 2021.''.
    Sec. 303. Action With Respect to the Kennewick Man Discovery 
Site.--Before final disposition of the civil action, Bonnichsen v. 
United States, CV No. 96-1481 (D. Ore.), the Army Corps of Engineers 
shall not authorize, permit, or undertake any action to stabilize, 
cover, or permanently alter the land (including land submerged by 
water) within 100 yards of the place where any part of the Kennewick 
Man remains was found unless the court determines that such an action 
is reasonable and necessary in light of any potential adverse impact on 
scientific investigation of the site and other relevant considerations.

                               CHAPTER 4

             SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service

                              construction

    For an additional amount for ``Construction'', $28,938,000, to 
remain available until expended, to repair damage caused by floods and 
other natural disasters: Provided, That the entire amount shall be 
available only to the extent that an official budget request for 
$28,938,000, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further, That the entire 
amount is designated by the 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.

                         National Park Service

                              construction

    For an additional amount for ``Construction'' to repair damage 
caused by floods and other natural disasters, $8,500,000, to remain 
available until expended: Provided, That the entire amount shall be 
available only to the extent that an official budget request for 
$8,500,000, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of such Act.

                    United States Geological Survey

                 surveys, investigations, and research

    For an additional amount for ``Surveys, Investigations, and 
Research'' for emergency expenses resulting from floods and other 
natural disasters, $1,000,000, to remain available until expended: 
Provided, That the entire amount shall be available only to the extent 
that an official budget request for $1,000,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of such Act.

                      Minerals Management Service

                royalty and offshore minerals management

    For an additional amount for ``Royalty and Offshore Minerals 
Management'' to meet increased demand and workload requirements 
stemming from higher than anticipated leasing activity in the Gulf of 
Mexico, $6,675,000, to remain available until expended, to be derived 
from increased receipts resulting from increases to rates in effect on 
August 5, 1993, from rate increases to fee collections for Outer 
Continental Shelf administrative activities performed by the Minerals 
Management Service over and above the rates in effect on September 30, 
1993, and from additional fees for Outer Continental Shelf 
administrative activities established after September 30, 1993.

          Office of Surface Mining Reclamation and Enforcement

                    abandoned mine reclamation fund

                          (transfer of funds)

    For an additional amount for the ``Abandoned Mine Reclamation 
Fund'', $3,163,000, to be derived by transfer from amounts available in 
Public Law 105-83 under the heading, ``Regulation and Technology'', and 
to be subject to the same terms and conditions of the account to which 
transferred.

                        Bureau of Indian Affairs

                      operation of indian programs

    For an additional amount for ``Operation of Indian Programs'', 
$1,050,000, to remain available until expended, for the cost of 
document collection and production, including electronic imaging, 
required to support litigation involving individual Indian trust fund 
accounts.

             Office of Special Trustee for American Indians

                         federal trust programs

    For an additional amount for ``Federal Trust Programs'', 
$4,650,000, to remain available until expended, for the cost of 
document collection and production, including electronic imaging, 
required to support litigation involving individual Indian trust fund 
accounts.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                       state and private forestry

    For an additional amount for ``State and Private Forestry'' for 
emergency expenses resulting from damages from ice storms, tornadoes 
and other natural disasters, $48,000,000, to remain available until 
expended: Provided, That the entire amount shall be available only to 
the extent that an official budget request for $48,000,000, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further, That the entire amount is 
designated by the 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.

                         national forest system

    For an additional amount for the ``National Forest System'' for 
emergency expenses resulting from damages from ice storms, tornadoes 
and other natural disasters, $10,000,000, to remain available until 
expended: Provided, That the entire amount shall be available only to 
the extent that an official budget request for $10,000,000, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further, That the entire amount is 
designated by the 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.
    For an additional amount for the ``National Forest System'' for 
expenses associated with payments to states as specified in subsection 
(b)(2) of section 405 of this chapter of this Act, $2,000,000, to 
remain available until expended.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

    For an additional amount for ``Indian Health Services'', $100,000, 
to remain available until expended, for suicide prevention counseling.

                     GENERAL PROVISIONS, CHAPTER 4

    Sec. 401. Construction of the Trappers Loop connector road, and any 
related actions, by any Federal or state agency or other entity are 
deemed to be non-discretionary actions authorized and directed by 
Congress under Title III, section 304(e)(3) of the Omnibus Parks and 
Public Lands Management Act of 1996 (110 Stat. 4093).
    Sec. 402. Neither the issuance by the United States of an easement 
on and across National Forest lands for the Boulder City Pipeline (also 
known as Lakewood Pipeline) nor the acceptance of such easement by the 
City of Boulder, Colorado, nor the relocation of such pipeline on such 
easement, shall cause, be construed as, or result in the abandonment, 
termination, relinquishment, revocation, limitation, or diminution of 
any rights claimed by such city pursuant to or as a result of any prior 
grant, including the Act of July 26, 1866 (43 U.S.C. 661) and the Acts 
authorizing the conveyance of such city of the Silver Lake Watershed. 
The alignment of the relocated pipeline shall be considered neither 
more nor less within the scope of any prior grants than the alignment 
of the pipeline existing prior to the issuance of such easement.
    Sec. 403. Notwithstanding any other provision of law, the Secretary 
of the Interior, through the Bureau of Indian Affairs, may hereafter 
directly transfer to Indian tribes in North and South Dakota portable 
housing units at the Grand Forks Air Force Base in North Dakota that 
have been declared excess by the Department of Defense and requested 
for transfer by the Department of the Interior.
    Sec. 404. Petroglyph National Monument. (a) Short Title.--This 
section may be cited as the ``Petroglyph National Monument Boundary 
Adjustment Act''.
    (b) Findings.--Congress finds that--
            (1) the purposes for which Petroglyph National Monument 
        (referred to in this section as ``the monument'') was 
        established continue to be valid;
            (2) it is of mutual benefit to the trustee institutions of 
        the New Mexico State Trust lands and the National Park Service 
        for land exchange negotiations to be completed with all due 
        diligence, resulting in the transfer of all State Trust lands 
        within the boundaries of the monument to the United States in 
        accordance with State and Federal law;
            (3) because the city of Albuquerque, New Mexico, has 
        acquired substantial acreage within the monument boundaries, 
        purchased with State and municipal funds, the consolidation of 
        land ownership and jurisdiction under the National Park Service 
        will require the consent of the city of Albuquerque, and 
        options for National Park Service acquisition that are not 
        currently available;
            (4) corridors for the development of Paseo del Norte and 
        Unser Boulevard are depicted on the map referred to in section 
        102(a) of the Petroglyph National Monument Establishment Act of 
        1990 (Public Law 101-313; 16 U.S.C. 431 note), and the 
        alignment of the roadways was anticipated by Congress before 
        the date of enactment of the Act;
            (5) it was the expectation of the principal proponents of 
        the monument, including the cities of Albuquerque and Rio 
        Rancho, New Mexico, and the National Park Service, that passage 
        of the Petroglyph National Monument Establishment Act of 1990 
        (Public Law 101-313; 16 U.S.C. 431 note) would allow the city 
        of Albuquerque--
                    (A) to utilize the Paseo del Norte and Unser 
                Boulevard corridors through the monument; and
                    (B) to design and construct infrastructure within 
                the corridors with the cultural and natural resources 
                of the monument in mind;
            (6) the city of Albuquerque has not provided for the 
        establishment of rights-of-way for the Paseo del Norte and 
        Unser Boulevard corridors under the Joint Powers Agreement 
        (PANO 78-521.81-277A), which expanded the boundary of the 
        monument to include the Piedras Marcadas and Boca Negra units, 
        pursuant to section 104 of the Petroglyph National Monument 
        Establishment Act of 1990 (Public Law 101-313; 16 U.S.C. 431 
        note);
            (7) adequate planning and cooperation between the city of 
        Albuquerque and the National Park Service is essential to avoid 
        resource degradation within the monument resulting from storm 
        water runoff, and drainage conveyances through the monument 
        should be designed and located to provide sufficient capacity 
        for effective runoff management; and
            (8) the monument will best be managed for the benefit and 
        enjoyment of present and future generations with cooperation 
        between the city of Albuquerque, the State of New Mexico, and 
        the National Park Service.
    (c) Storm Water Drainage and Technical Assistance.--
            (1) Storm water drainage.--Not later than 180 days after 
        the date of enactment of this Act, the Secretary of the 
        Interior, acting through the Director of the National Park 
        Service (referred to in this section as the ``Secretary''), and 
        the city of Albuquerque, New Mexico, shall enter into 
        negotiations to provide for the management of storm water 
        runoff and drainage within the monument, including the design 
        and construction of any storm water corridors, conveyances, and 
        easements within the monument boundaries.
            (2) Design specifications.--
                    (A) In general.--At least 120 days before the 
                initiation of any construction within the corridor 
                described in Exhibit B of the document referred to in 
                subparagraph (C), the city of Albuquerque, New Mexico, 
                shall provide to the Secretary design specifications 
                for the construction project.
                    (B) Technical assistance.--Prior to or on receipt 
                of the specifications, the Secretary may provide the 
                city with technical assistance in the design of any 
                construction project within such corridor. Technical 
                assistance provided by the Secretary shall be solely to 
                advise the city on design.
                    (C) Document.--The document described in this 
                section is the document entitled ``Petroglyph National 
                Monument Roadway/Utility Corridors'', on file with the 
                Secretary of the Interior and the mayor of the city of 
                Albuquerque, New Mexico.
    (d) Acquisition Authority; Boundary Adjustment; Administration and 
Management of the Monument.--
            (1) Acquisition authority.--Section 103(a) of the 
        Petroglyph National Monument Establishment Act of 1990 (Public 
        Law 101-313, 16 U.S.C. 431 note) is amended--
                    (A) by striking ``(a) The Secretary'' and inserting 
                the following:
    ``(a) Authority.--
            ``(1) In general.--Subject to paragraph (2), the 
        Secretary'';
                    (B) by striking ``, except that lands or interests 
                therein owned by the State or a political subdivision 
                thereof may be acquired only by donation or exchange''; 
                and
                    (C) by adding at the end the following:
            ``(2) Land owned by the state or a political subdivision.--
        No land or interest in land owned by the State or a political 
        subdivision of the State may be acquired by purchase before--
                    ``(A) the State or political subdivision holding 
                title to the land or interest in land identifies the 
                land or interest in land for disposal; and
                    ``(B)(i) all private land within the monument 
                boundary for which there is a willing seller is 
                acquired; or
                            ``(ii) 2 years have elapsed after the date 
                        on which the Secretary has made a final offer 
                        (for which funds are available) to acquire all 
                        remaining private land at fair market value.''.
            (2) Boundary adjustment.--Section 104(a) of the Petroglyph 
        National Monument Establishment Act of 1990 (Public Law 101-
        313; 16 U.S.C. 431 note) is amended--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and indenting 
                appropriately;
                    (B) by striking `(a) Upon' and inserting the 
                following:
    ``(a) Piedras Marcadas Unit.--
            ``(1) In general.--Upon''; and
                    (C) by adding at the end the following:
            ``(2) Boundary adjustment.--
                    ``(A) Exclusion of paseo del norte corridor.--
                Notwithstanding paragraph (1), effective as of the date 
                of enactment of this subparagraph--
                            ``(i) the boundary of the monument is 
                        adjusted to exclude the Paseo Del Norte 
                        corridor in the Piedras Marcadas Unit described 
                        in Exhibit B of the document described in 
                        subparagraph (B); and
                            ``(ii) the inclusion of the Paseo Del Norte 
                        corridor within the boundary of the monument 
                        before the date of enactment of this paragraph 
                        shall have no effect on any future ownership, 
                        use, or management of the corridor.
                    ``(B) Document.--The document described in this 
                subparagraph is the document entitled `Petroglyph 
                National Monument Roadway/Utility Corridors', on file 
                with the Secretary of the Interior and the mayor of the 
                city of Albuquerque, New Mexico.''
    (e) Administration and management of the monument.--Section 105 of 
the Petroglyph National Monument Establishment Act of 1990 (Public Law 
101-313, 16 U.S.C. 431 note) is amended by adding at the end the 
following:
    ``(f) Boca Negra and Piedras Marcadas Units.--If the binding 
agreement providing for the expansion of the monument pursuant to 
section 104 is amended, in accordance with the terms of the agreement, 
to transfer to the National Park Service responsibility for operation, 
maintenance, and repair of any or all property within the Boca Negra or 
Piedras Marcadas unit of the monument, the Secretary may employ, at a 
comparable grade and salary within the National Park Service, any 
willing employees of the city assigned to the unit.''.
    (f) Double Eagle II Airport Access Road.--The Administrator of the 
Federal Aviation Administration shall allow the use of the access road 
to the Double Eagle II Airport in existence on the date of enactment of 
this Act for visitor access to the monument.
    Sec. 405. Transportation System Moratorium.--(a)(1) The Chief of 
the Forest Service, Department of Agriculture, in his sole discretion, 
may authorize and execute any projects, including timber sales, that 
were previously scheduled for initiation or completion in fiscal year 
1998 or fiscal year 1999, or that may be scheduled hereafter, 
notwithstanding any moratorium on construction of roads in roadless 
areas within the National Forest System adopted as policy or by 
regulation that would otherwise be applicable to such projects.
    (2) Any projects authorized pursuant to subsection (a)(1) shall--
            (A) comply with all applicable laws and regulations and be 
        consistent with applicable land and resource management plans, 
        except any regulations or plan amendments which establish or 
        implement the moratorium referred to in subsection (a)(1); and
            (B) be subject to administrative appeals pursuant to Part 
        215 of title 36 of the Code of Federal Regulations and to 
        judicial review.
    (b)(1) For any previously scheduled projects that are referred to 
in, but not authorized pursuant to, subsection (a)(1), the Chief shall, 
to the maximum extent practicable, prepare and authorize substitute 
projects to be offered or initiated in fiscal year 1998 or fiscal year 
1999.
    (2)(A) The Chief shall pay as soon as practicable after fiscal year 
1998 and fiscal year 1999 to any State in which previously scheduled 
projects that are referred to in, but not authorized pursuant to, 
subsection (a)(1) would have occurred 25 percentum of any receipts from 
such projects that --
            (i) were anticipated in fiscal year 1998 or fiscal year 
        1999 in the absence of any moratorium referred to in subsection 
        (a)(1); and
            (ii) are not offset by revenues received in such fiscal 
        years from substitute projects authorized pursuant to 
        subsection (b)(1).
    (B) After reporting the amount of funds required to make any 
payments required by subsection (b)(2)(A), and the source from which 
such funds are to be derived, to the Committees on Appropriations of 
the House of Representatives and the Senate, the Chief shall make any 
payments required by subsection (b)(2)(A) from--
            (i) the $2,000,000 appropriated for the purposes of this 
        section in Chapter 4 of this Act; or
            (ii) in the event that the amount referred to in subsection 
        (b)(2)(B)(i) is not sufficient to cover the payments required 
        under subsection (b)(2), from any funds appropriated to the 
        Forest Service in fiscal year 1998 or fiscal year 1999, as the 
        case may be, that are not specifically earmarked for another 
        purpose by the applicable appropriation act or a committee or 
        conference report thereon.
    (C) Any State which receives payments required by subsection 
(b)(2)(A) shall expend such funds only in the manner, and for the 
purposes, prescribed in section 500 of title 16 of the United States 
Code.
    (c)(1) During the term of the moratorium referred to in subsection 
(a)(1), the Chief shall prepare, and submit to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
on, each of the following:
            (A) a study of whether standards and guidelines in existing 
        land and resource management plans compel or encourage entry 
        into roadless areas within the National Forest System for the 
        purpose of constructing roads or undertaking any other ground-
        disturbing activities;
            (B) an inventory of all roads within the National Forest 
        System and the uses which they serve, in a format that will 
        inform and facilitate the development of a long-term Forest 
        Service transportation policy; and
            (C) a comprehensive and detailed analysis of the economic 
        and social effects of the moratorium referred to in subsection 
        (a)(1) on county, State, and regional levels.
    (2) The Chief shall fund the study, inventory and analysis required 
by subsection (c)(1) in fiscal year 1998 from funds appropriated for 
Forest Research in such fiscal year that are not specifically earmarked 
for another purpose in the applicable appropriation act or a committee 
or conference report thereon.

                               CHAPTER 5

 SUBCOMMITTEE ON LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
                            RELATED AGENCIES

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention

                disease control, research, and training

    For an additional amount for the Centers for Disease Control and 
Prevention, ``Disease Control, Research, and Training'', $9,000,000: 
Provided, That the entire amount shall be available only to the extent 
that an official budget request for $9,000,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of such Act.

                  Health Care Financing Administration

                           program management

    For an additional amount for Health Care Financing Administration, 
``Program Management'', $16,000,000.

                               CHAPTER 6

                 SUBCOMMITTEE ON THE LEGISLATIVE BRANCH

                        ARCHITECT OF THE CAPITOL

                      Capitol Building and Grounds

                           capitol buildings

                         salaries and expenses

    For an additional amount for ``Capitol Buildings Salaries and 
Expenses'', $7,500,000, to remain available until expended, to begin 
emergency repairs and rehabilitation of the Capitol Dome: Provided, 
That this additional amount shall be available for obligation without 
regard to section 3709 of the Revised Statutes, as amended.

                            capitol grounds

                     (including transfer of funds)

    For necessary expenses for the design, installation and maintenance 
of the Capitol Square Perimeter Security Plan, $20,000,000, of which 
$4,000,000 shall be transferred to the Capitol Police Board ``General 
Expenses'' for physical security measures associated with the Capitol 
Square Perimeter Security Plan, to remain available until expended, 
subject to the review and approval by the appropriate House and Senate 
authorities: Provided, That this additional amount shall be available 
for obligation without regard to section 3709 of the Revised Statutes, 
as amended.

                               CHAPTER 7

                 SUBCOMMITTEE ON MILITARY CONSTRUCTION

                         DEPARTMENT OF DEFENSE

                      Military Construction, Navy

    For an additional amount for ``Military Construction, Navy'', 
$17,428,000: Provided, That the entire amount shall be available only 
to the extent that an official budget request for $17,428,000, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of such Act.

                    Military Construction, Air Force

    For an additional amount for ``Military Construction'', $5,891,000: 
Provided, That the entire amount shall be available only to the extent 
that an official budget request for $5,891,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of such Act.

                 Family Housing, Navy and Marine Corps

    For an additional amount for ``Family Housing, Navy and Marine 
Corps'', $18,100,000: Provided, That the entire amount shall be 
available only to the extent that an official budget request for 
$18,100,000, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further, That such amount is 
designated by the 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.

                       Family Housing, Air Force

    For an additional amount for ``Family Housing, Air Force'', 
$2,400,000: Provided, That the entire amount shall be available only to 
the extent that an official budget request for $2,400,000, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further, That such amount is 
designated by the 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.

                               CHAPTER 8

          SUBCOMMITTEE ON TRANSPORTATION AND RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

           transportation planning, research, and development

    For an additional amount for transportation planning, research, and 
development activities and grants, $6,900,000, to remain available 
until expended.

                    Federal Aviation Administration

                               operations

                    (airport and airways trust fund)

    For an additional amount for Operations for expenses relating to 
the Year 2000 computer hardware and software problems, $47,200,000.

                        facilities and equipment

                    (airport and airways trust fund)

    For an additional amount for Facilities and Equipment for expenses 
relating to the Year 2000 computer hardware and software problems, 
$108,800,000.

                     Federal Highway Administration

                          federal-aid highways

                        emergency relief program

                          (highway trust fund)

    For an additional amount for the Emergency Relief Program for 
emergency expenses resulting from flooding and other natural disasters, 
as authorized by 23 U.S.C. 125, $259,000,000, to be derived from the 
Highway Trust Fund and to remain available until expended: Provided, 
That the entire amount shall be available only to the extent an 
official budget request for $259,000,000, that includes designation of 
the entire amount as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended 
is transmitted by the President to the Congress: Provided further, That 
the entire amount is designated by the 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 any obligations for the Emergency Relief Program shall not be 
subject to the prohibition against obligations in section 2(e)(3) (A) 
and (D) of the Surface Transportation Extension Act of 1997: Provided 
further, That no announcement of any allocation of funds provided under 
this section shall be made prior to 15 days after the notification of 
the House and Senate Committees on Appropriations, the House and Senate 
Transportation Appropriations Subcommittees, the Senate Environment and 
Public Works Committee, and the House Transportation and Infrastructure 
Committee: Provided further, That if sufficient carryover balances for 
the necessary expenses for administration, operation (including motor 
carrier safety program operations), and research of the Federal Highway 
Administration are not available, and pending the reauthorization of 
the Federal-aid highway program, the Secretary of Transportation may 
borrow such sums as may be necessary for such expenses from the 
unobligated balances of discretionary allocations for the Federal-aid 
highway program made available by this Act.

                             RELATED AGENCY

                  National Transportation Safety Board

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for 
necessary expenses resulting from the crash of TWA Flight 800, 
$5,400,000: Provided, That the entire amount is available only for 
costs associated with rental of the Calverton facility, of which not to 
exceed $500,000 is for security expenses: Provided further, That no 
funds or unobligated balances are available to provide for or permit 
flight operations at the Calverton airstrip.

                               CHAPTER 9

            SUBCOMMITTEE ON TREASURY AND GENERAL GOVERNMENT

                       DEPARTMENT OF THE TREASURY

                         automation enhancement

                year 2000 century date change conversion

    For necessary expenses of the Department of the Treasury for Year 
2000 century date change conversion requirements, $39,410,000, to 
remain available until September 30, 2000.

                      Financial Management Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', for Year 
2000 century date change conversion requirements, $5,300,000, to remain 
available until September 30, 2000.

                               CHAPTER 10

           SUBCOMMITTEE ON VA, HUD, AND INDEPENDENT AGENCIES

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                       compensation and pensions

    For an additional amount for ``Compensation and pensions'', 
$550,000,000, to remain available until expended.

                               CHAPTER 11

                        OFFSETS AND RESCISSIONS

                       DEPARTMENT OF AGRICULTURE

                   Food Safety and Inspection Service

                              (rescission)

    Of the funds made available under this heading in Public Law 105-
86, $502,000 are rescinded.

                          Farm Service Agency

           agricultural credit insurance fund program account

                              (rescission)

    Of the funds made available for the cost of the unsubsidized 
guaranteed operating loans under this heading in Public Law 105-86, 
$6,736,197 are rescinded.

                         Rural Housing Service

                         salaries and expenses

                              (rescission)

    Of the funds made available under this heading in Public Law 105-
86, $846,000 are rescinded.

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $1,188,000 are rescinded.

                   Oregon and California Grant Lands

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $2,500,000 are rescinded.

                United States Fish and Wildlife Service

                          resource management

                              (rescission)

    Of the funds made available under this heading in Public Law 105-
18, $250,000 are rescinded.

                              construction

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $1,188,000 are rescinded.

                         National Park Service

                              construction

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $1,638,000 are rescinded.

                            Bureau of Mines

                           mines and minerals

                             (rescissions)

    The following amounts, totaling $1,605,000, are rescinded from 
funds made available under this heading: in Public Law 103-332, 
$1,255,000; in Public Law 103-138, $60,000; in Public Law 102-381, 
$173,000; and in Public Law 102-154, $117,000.

                        Bureau of Indian Affairs

                              construction

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $837,000 are rescinded.

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                        payments to air carriers

                              (rescission)

    Of the funds made available under this heading in Public Law 101-
516 and subsequently obligated, $2,499,000 shall be deobligated and are 
hereby rescinded.

                        payments to air carriers

                    (airport and airway trust fund)

                              (rescission)

    Of the budgetary resources provided for ``Small Community Air 
Service'' by Public Law 101-508 for fiscal years prior to fiscal year 
1998, $3,000,000 are rescinded.

                    Federal Aviation Administration

                       grants-in-aid for airports

                    (airport and airway trust fund)

                 (rescission of contract authorization)

    Of the unobligated balances authorized under 49 U.S.C. 48103 as 
amended, $185,893,000 are rescinded.

                    Federal Railroad Administration

                        conrail labor protection

                              (rescission)

    Of the budgetary resources provided by direct appropriation and by 
transfer for ``Conrail Labor Protection'', unobligated balances of 
$508,234 are rescinded.

                       DEPARTMENT OF THE TREASURY

                     United States Customs Service

                         salaries and expenses

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $5,300,000, and in Public Law 104-208, as amended by Public Law 
105-18, $6,000,000 are rescinded.

                        Internal Revenue Service

                   information technology investments

                              (rescission)

    Of the funds made available under this heading in Public Law 105-
61, $33,410,000 are rescinded.

                     GENERAL PROVISION, CHAPTER 11

    Sec. 1101. Not to exceed $67,400,000 may be obligated in fiscal 
year 1998 for contracts with Utilization and Quality Control Peer 
Review Organizations pursuant to part B of title XI of the Social 
Security Act.

                 TITLE II--GENERAL PROVISIONS--THIS ACT

    Sec. 2001. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 2002. None of the funds appropriated or otherwise made 
available in this or any other Act may be obligated or expended by the 
Patent and Trademark Office to plan for the design, construction or 
lease of new facilities until 30 days after the submission of a report, 
to be delivered not later than May 1, 1998, to the Committees on 
Appropriations analyzing the cost versus the benefit of relocating to a 
new facility, and the cost associated with leasing versus lease-
purchase, federal construction, or other alternatives for new space, 
and shall only be made available in accordance with section 605 of 
Public Law 105-119.
    Sec. 2003. Funds appropriated pursuant to Public Law 105-78 to 
carry out Title XX of the Public Health Service Act are available for 
use for prevention service demonstration grants without application of 
the limitation of section 2010(c) of that Title.
    Sec. 2004. Provisions Relating to Universal Service Support for 
Public Institutional Telecommunications Users. (a) No Inference 
Regarding Existing Universal Service Administrative Mechanism.--Nothing 
in this section may be considered as expressing the approval of the 
Congress of the action of the Federal Communications Commission in 
establishing, or causing to be established, one or more corporations to 
administer the schools and libraries program and the rural health care 
provider program under section 254(h) of the Communications Act of 1934 
(47 U.S.C. 254(h)), or the approval of any provision of such programs.
    (b) FCC to Report to the Congress.--
            (1) Report due date.--Pursuant to the findings of the 
        General Accounting Office (B-278820) dated February 10, 1998, 
        the Federal Communications Commission shall, by May 8, 1998, 
        submit a 2-part report to the Congress under this section.
            (2) Revised structure.--The report shall propose a revised 
        structure for the administration of the programs established 
        under section 254(h) of the Communications Act of 1934 (47 
        U.S.C. 254(h)). The revised structure shall consist of a single 
        entity.
                    (A) Limitation on administration of programs.--The 
                entity proposed by the Commission to administer the 
                programs--
                            (i) is limited exclusively to the 
                        ministerial acts of processing the applications 
                        necessary to determine eligibility for 
                        discounts under section 254(h) of the 
                        Communications Act of 1934 (47 U.S.C. 254(h)) 
                        as determined by the Commission;
                            (ii) may not administer the programs in any 
                        manner that requires that entity to interpret 
                        the intent of the Congress in establishing the 
                        programs or interpret any rule promulgated by 
                        the Commission in carrying out the programs.
                    (B) APA requirements waived.--In preparing the 
                report required by this section, the Commission shall 
                find that good cause exists to waive the requirements 
                of section 553 of title 5, United States Code, to the 
                extent necessary to enable the Commission to submit the 
                report to the Congress by May 8, 1998.
            (3) Report on funding of schools and libraries program and 
        rural health care program.--The report required by this section 
        shall also provide the following information about the 
        contributions to, and requests for funding from, the schools 
        and libraries subsidy program:
                    (A) An estimate of the expected reductions in 
                interstate access charges anticipated on July 1, 1998, 
                including individual estimates of--
                            (i) the value of the current price cap 
                        formula, excluding the ``g'' (growth) 
                        component;
                            (ii) the value of the ``g'' (growth) 
                        component;
                            (iii) the value of the exogenous cost 
                        component;
                            (iv) the amount of available headroom; and
                            (v) the amount of reductions for incumbent 
                        local exchange carriers still subject to rate-
                        of-return regulation.
                    (B) The 1997 interstate rate of return for each 
                incumbent local exchange carrier subject to price cap 
                regulation;
                    (C) Based on the information in subparagraphs (A) 
                and (B), a complete explanation and accounting for any 
                headroom claimed to be available to an incumbent local 
                exchange carrier whose actual rate of return is greater 
                than 11.25 percent.
                    (D) An accounting of the total contributions to the 
                universal service fund that are available for use to 
                support the schools and libraries program under section 
                254(h) of the Communications Act of 1934 (47 U.S.C. 
                254(h)) for the second quarter of 1998.
                    (E) An accounting of the amount of the contribution 
                described in subparagraph (D) that the Commission 
                expects to receive from--
                            (i) incumbent local exchange carriers;
                            (ii) interexchange carriers;
                            (iii) information service providers;
                            (iv) commercial mobile radio service 
                        providers; and
                            (v) any other provider.
                    (F) With regard to incumbent local exchange 
                carriers--
                            (i) the amount of the contribution for 
                        universal services under section 254 of the 
                        Communications Act of 1934 (47 U.S.C. 254) that 
                        will be recovered from subscribers; and
                            (ii) the amount that will be passed on to 
                        interexchange carriers in the form of increased 
                        access charges, the access and end-user rate 
                        elements in which any increase in incumbent 
                        local exchange carrier contributions will be 
                        reflected, and an explanation of why this 
                        method of cost recovery is consistent with the 
                        goal of competitive neutrality set forth in 
                        section 254(d) of that Act (47 U.S.C. 254(d)).
                    (G) Based on the applications for funding under 
                section 254(h) of the Communications Act of 1934 (47 
                U.S.C. 254(h)) received as of April 15, 1998, an 
                estimate of the costs of providing universal service 
                support to schools and libraries under that section 
                disaggregated by eligible services and facilities as 
                set forth in the eligibility list of the Schools and 
                Libraries Corporation, including--
                            (i) the amounts requested for costs 
                        associated with telecommunications services;
                            (ii) the amounts requested for costs 
                        described in clause (i) plus the costs of 
                        internal connections under the program; and
                            (iii) the amounts requested for the costs 
                        described in clause (ii), plus the cost of 
                        internet access.
                    (H) A justification for the amount, if any, by 
                which the total requested disbursements from the fund 
                described in subparagraph (G) exceeds the amount of 
                available contributions described in subparagraph (D).
                    (I) Based on the amount described in subparagraph 
                (G), an estimate of the amount of contributions that 
                will be required for the schools and libraries program 
                in the third and fourth quarters of 1998, and, to the 
                extent these estimated contributions for the third and 
                fourth quarter exceed the current second-quarter 
                contribution, the Commission shall provide an estimate 
                of the amount of support that will be needed for each 
                of the eligible services and facilities as set forth in 
                the eligibility list of the Schools and Libraries 
                Corporation, and disaggregated as specified in 
                subparagraph (G).
                    (J) An explanation of why restricting the basis of 
                telecommunications carriers' contributions to universal 
                service under 254(a)(3) of the Communications Act of 
                1934 (47 U.S.C. 254(a)(3)) to interstate revenues, 
                while requiring that contributions to universal service 
                under section 254(h) of that Act (47 U.S.C. 254(h)) be 
                based on both interstate as well as intrastate 
                revenues, is consistent with the provisions of section 
                254(d) of that Act (47 U.S.C. 254(d)).
                    (K) An explanation as to whether access charge 
                reductions should be passed through on a dollar-for-
                dollar basis to each customer class on a proportionate 
                basis.
    (c) Schools and Libraries Program Assistance Criteria.--In carrying 
out the schools and libraries program under paragraphs (1)(B) and (2) 
of section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)), 
the Commission shall prioritize assistance on the basis of need. In 
determining need under this section, the Commission shall make funds 
available for distance delivery education programs where advanced 
learning technologies are not otherwise available at affordable rates.
    (d) Imposition of Cap on Compensation of Individuals Employed to 
Carry Out the Programs.--No officer or employee of the entity to be 
proposed to be established under subsection (b)(2) of this section may 
be compensated at an annual rate of pay, including any non-regular, 
extraordinary, or unexpected payment based on specific determinations 
of exceptionally meritorious service or otherwise, bonuses, or any 
other compensation (either monetary or in-kind), which exceeds the rate 
of basic pay in effect from time to time for level I of the Executive 
Schedule under section 5312 of title 5, United States Code.
    (e) Second-Half 1998 Contributions.--Before June 1, 1998, the 
Federal Communications Commission may not--
            (1) adjust the contribution factors for telecommunications 
        carriers under section 254; or
            (2) collect any such contribution due for the third or 
        fourth quarter of calendar year 1998.
    This Act may be cited as the ``1998 Emergency Supplemental 
Appropriations Act for Recovery From Natural Disasters, and for 
Overseas Peacekeeping Efforts''.
                                                       Calendar No. 326

105th CONGRESS

  2d Session

                                S. 1768

                          [Report No. 105-168]

_______________________________________________________________________

                                 A BILL

Making emergency supplemental appropriations for recovery from natural 
 disasters, and for overseas peacekeeping efforts, for the fiscal year 
           ending September 30, 1998, and for other purposes.

_______________________________________________________________________

                             March 17, 1998

                 Read twice and placed on the calendar