[House Document 105-314]
[From the U.S. Government Publishing Office]



105th Congress, 2d Session - - - - - - - - - - - House Document 105-314


 
   FY 1998 EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE EMBASSY 
      FACILITIES IN NAIROBI, KENYA AND DAR ES SALAAM, TAZANIA

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

HIS REQUESTS FOR FY 1998 EMERGENCY SUPPLEMENTAL APPROPRIATIONS OF $1.8 
BILLION BECAUSE OF THE EMERGENCY EXPENSES ARISING FROM THE CONSEQUENCES 
 OF THE RECENT BOMBING OF OUR EMBASSY FACILITIES IN NAIROBI, KENYA AND 
    DAR ES SALAAM, TANZANIA, AS WELL AS FOR EMERGENCY REQUIREMENTS 
   NECESSARY TO STRENGTHEN OUR SECURITY, ANTI-TERRORISM, AND COUNTER-
             TERRORISM EFFORTS, PURSUANT TO 31 U.S.C. 1107





 September 23, 1998.--Referred to the Committee on Appropriations and 
                         ordered to be printed


                                           The White House,
                                    Washington, September 22, 1998.
The Speaker of the House of Representatives.
    Sir: I ask Congress to consider expeditiously the enclosed 
requests for emergency FY 1998 supplemental appropriations. The 
requests, totaling $1.8 billion, provide for emergency expenses 
arising from the consequences of the recent bombing of our 
embassy facilities in Nairobi, Kenya and Dar es Salaam, 
Tanzania, as well as for emergency requirements necessary to 
strengthen our security, anti-terrorism, and counter-terrorism 
efforts.
    I hereby designate all of the amounts requested as 
emergency requirements pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.
    The details of these requests are set forth in the enclosed 
letter from the Director of the Office of Management and 
Budget. I concur with his comments and observations.
            Sincerely,
                                                William J. Clinton.
    Enclosure.

               [Estimate No. 314, 105th Cong., 2d Sess.]

                 Executive Office of the President,
                           Office of Management and Budget,
                                Washington, DC, September 22, 1998.
The President,
The White House.
    Submitted for your consideration are requests for FY 1998 
emergency supplemental appropriations for the Departments of 
Defense, the Interior, Justice, State, the Treasury, and 
International Security Assistance activities. A total of $1.8 
billion is requested to address emergency expenses arising from 
the recent bombing of our embassy facilities in Nairobi, Kenya 
and Dar es Salaam, Tanzania, as well as for emergency 
requirements necessary to increase our security, anti-
terrorism, and counter-terrorism efforts.
    As described in the enclosures, the following supplementals 
are requested to address these emergency needs:
     $1,398.0 million for the Department of State for 
emergency expenses in Kenya and Tanzania, including funds for 
reconstitution of embassy activities and facilities in those 
countries, for security improvements to U.S. facilities 
worldwide, and for a security review panel.
     $200.0 million for the Department of Defense to 
reimburse costs associated with the immediate response to the 
bombing of the embassy facilities in Kenya and Tanzania and for 
other security-related efforts.
     $90.4 million for the Department of the Treasury 
for increased Secret Service protection activities and for law 
enforcement training.
     $70.0 million for International Security 
Assistance programs for the State Department's anti-terrorism 
assistance program and assistance to Kenya and Tanzania.
     $21.7 million for the Federal Bureau of 
Investigation to increase its capacity and capability to 
respond to acts of terrorism.
     $6.0 million for the National Park Service to 
upgrade security.
    We have also included proposed language that would enhance 
the Department of Defense's role in supporting law enforcement 
activities to combat terrorism.
    I recommend that you designate all of the enclosed funding 
requests as emergency requirements in accordance with section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended. The detailed justifications 
for these proposals will be provided to Congress in a 
classified form.
    I have carefully reviewed these proposals and I am 
satisfied that they are necessary at this time. Therefore, I 
join the heads of the affected Departments and agencies in 
recommending that you transmit these proposals to Congress.
            Sincerely,
                                            Jacob J. Lew, Director.
    Enclosures.

                         DEPARTMENT OF DEFENSE

                       Operation and Maintenance

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, 
Defense-Wide,'' $200,000,000, to remain available until 
expended: Provided, 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 the 
Secretary of Defense may transfer these funds to fiscal year 
1998 or fiscal year 1999 appropriations for operation and 
maintenance; procurement; research, development, test and 
evaluation; and family housing: Provided further, That the 
funds transferred shall 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 paragraph is in addition to any 
other transfer authority provided in the fiscal year 1998 or 
fiscal year 1999 Department of Defense Appropriations Act.
    This supplemental request would provide funds to the 
Department of Defense to respond to the terrorist bombings of 
the U.S. embassy facilities in Nairobi, Kenya and Dar es 
Salaam, Tanzania (Operation Resolute Response), and for 
counter-terrorism, anti-terrorism, and security enhancement and 
other programs. Further details on these initiatives are being 
provided under separate cover.
    The entire amount requested has been designated by the 
President as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------                                


                         DEPARTMENT OF DEFENSE

                           General Provisions

    Sec.  Funds appropriated by this Act, or made available by 
the transfer of funds in this Act, to any intelligence agency 
or intelligence 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. 404) during fiscal years 1998 and 1999.
    This language proposal would provide the authorization 
required by the National Security Act of 1947 to obligate funds 
for intelligence activities.
                                ------                                


                         DEPARTMENT OF DEFENSE

                           General Provisions

    Sec.  Maintenance and Operation of Equipment.
    Section 374 of title 10, United States Code, is amended--
          (1) in subsection (b)(1)(A), by striking ``or'';
          (2) in subsection (b)(1)(B), by striking the period 
        at the end, inserting in lieu thereof a semicolon and 
        the following new subparagraphs:
                  ``(C) a foreign or domestic counter-terrorism 
                operation; or
                  ``(D) a rendition of a suspected terrorist 
                from a foreign country to the United States to 
                stand trial.'';
          (3) in subsection (b)(2)(F)(I)--
                  (A) by inserting ``along with any other 
                civilian or military personnel who are 
                supporting, or conducting, a joint operation 
                with civilian law enforcement personnel;'' 
                after ``the transportation of civilian law 
                enforcement personnel''; and
                  (B) by striking ``and'';
          (4) in subsection (b)(2)(F)(ii)--
                  (A) by inserting ``and supporting'' after 
                ``the operation of a base of operations for 
                civilian law enforcement'';
                  (B) by striking the period at the end and 
                inserting in lieu thereof ``; and''; and
                  (C) by inserting at the end the following new 
                clause:
                          ``(iii) the transportation of 
                        suspected terrorists from foreign 
                        countries to the United States for 
                        trial (so long as the requesting agency 
                        provides all security for such 
                        transportation and maintains custody 
                        over the suspect through the duration 
                        of the transportation).'';
          (5) in subsection (b)(4)(A), by striking ``an'' and 
        inserting in lieu thereof ``a Federal''; and
          (6) in subsection (b)(4)(A), by inserting ``(v) Any 
        law, foreign or domestic, prohibiting terrorist 
        activities.'' after ``(iv) The Maritime Drug Law 
        Enforcement Act (46 U.S.C. App. 1901 et seq.).''.
    This language would make changes to section 374 of title 
10, United States Code, to authorize the Department of Defense 
to provide equipment and operators (including airlift) to 
Federal, State or local law enforcement agencies for counter-
terrorism operations and renditions on a reimbursable basis, 
with reimbursement waivable under 10 U.S.C. section 377 when 
the support provides a training or operational benefit to the 
Department. Under current law, the Department of Defense may 
not operate equipment, including aircraft, for a law 
enforcement agency under the authority of section 374 except in 
connection with the enforcement of counter-drug, immigration, 
and customs laws. The proposed changes to section 374 will 
extend the Department's authority to provide such support to 
civilian law enforcement agencies to counter-terrorism 
operations and renditions.
                                ------                                


                       DEPARTMENT OF THE INTERIOR

                         National Park Service

                 operation of the national park system

    For an additional amount for ``Operation of the National 
Park System'' for emergency security related expenses, 
$2,320,000, to remain available until expended: Provided, 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.
     This supplemental request would provide funds to the 
National Park System for security enhancements.
     The entire amount requested has been designated by the 
President as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------                                


                       DEPARTMENT OF THE INTERIOR

                         National Park Service

                              construction

    For an additional amount for ``Construction'' for emergency 
security related expenses, $3,680,000, to remain available 
until expended: Provided, 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.
    This supplemental request would provide funds for 
additional security measures in the National Park System.
    The entire amount requested has been designated by the 
President as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------                                


                         DEPARTMENT OF JUSTICE

                    Federal Bureau of Investigation

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses,'' 
$21,680,000, to remain available until expended: Provided, 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.
    This request would provide additional funds for staff and 
equipment to increase the capacity and capability of the 
Federal Bureau of Investigation to respond to acts of 
terrorism.
    The entire amount requested has been designated by the 
President as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------                                


                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Diplomatic 
and Consular Programs,'' $748,000,000, to remain available 
until expended: Provided, That as determined by the Secretary 
of State, such funds may be used to procure services and 
equipment overseas necessary to improve worldwide security and 
reconstitute embassy operations in Kenya and Tanzania on behalf 
of any other agency: 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.
    This supplemental request would provide funds for 
reconstitution of embassy activities in Nairobi, Kenya and Dar 
es Salaam, Tanzania, and for security improvements for overseas 
facilities.
    The entire amount requested has been designated by the 
President as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------                                


                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                         Salaries and Expenses

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Salaries 
and Expenses,'' $12,000,000, to remain available until 
expended: Provided, 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.
     This supplemental request would provide funds for 
additional personal property claims, transportation costs, and 
death gratuities resulting from the bombing of embassy 
facilities in Nairobi, Kenya and Dar es Salaam, Tanzania.
     The entire amount requested has been designated by the 
President as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------                                


                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                      Office of Inspector General

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Office of 
Inspector General,'' $1,000,000, to remain available until 
expended: Provided, 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.
     This supplemental request would provide funds to enable 
the Inspector General to carry out additional security 
oversight and construction inspections at U.S. diplomatic posts 
abroad.
     The entire amount requested has been designated by the 
President as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------                                


                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

           Security and Maintenance of United States Missions

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Security 
and Maintenance of United States Missions,'' $627,000,000, to 
remain available until expended; of which $56,000,000 is for 
security projects, relocations, and security equipment on 
behalf of missions of other U.S. Government agencies, which 
amount may be transferred to any appropriation for this 
purpose, to be merged with and available for the same time 
period as the appropriation to which transferred; and of which 
$185,000,000 is for capital improvements or relocation of 
office and residential facilities to improve security, which 
amount shall become available fifteen days after notice thereof 
has been transmitted to the Appropriations Committees of both 
Houses of Congress: Provided, 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.
     This supplemental request would provide funds for 
reconstruction of embassy facilities in Nairobi, Kenya and Dar 
es Salaam, Tanzania, for reconstitution of embassy activities 
in interim facilities, and for other activities that improve 
the security of overseas facilities of the State Department and 
other Federal agencies.
     The entire amount requested has been designated by the 
President as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------                                


                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

           Emergencies in the Diplomatic and Consular Service

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Emergencies 
in the Diplomatic and Consular Service,'' $10,000,000, to 
remain available until expended: Provided, 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.
     This supplemental request would provide funds for 
emergency expenditures resulting from the bombing of embassy 
facilities in Nairobi, Kenya and Dar es Salaam, Tanzania, 
including expenses related to evacuations, rewards, and the 
medical and other needs of employees and their families.
     The entire amount requested has been designated by the 
President as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------                                


                       DEPARTMENT OF THE TREASURY

                Federal Law Enforcement Training Center

                         Salaries and Expenses

    For an additional amount for ``Salaries and Expenses,'' 
$4,043,000, to remain available until expended: Provided, 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.
     This proposal would provide funds to pay for the training 
of new Secret Service and State Department law enforcement 
personnel requested in other supplemental appropriations 
proposals in this transmittal.
     The entire amount requested has been designated by the 
President as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------                                


                       DEPARTMENT OF THE TREASURY

                      United States Secret Service

                         Salaries and Expenses

    For an additional amount for ``Salaries and Expenses,'' 
$86,317,000, to remain available until expended: Provided, 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.
     This proposal would provide funds to pay for personnel and 
equipment for increased protection activities.
     The entire amount requested has been designated by the 
President as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------                                


                  FUNDS APPROPRIATED TO THE PRESIDENT

                   International Security Assistance

                         Economic Support Fund

    Notwithstanding section 10 of P.L. 91-672, an additional 
amount for ``Economic Support Fund'' for assistance to Kenya 
and Tanzania, $50,000,000, to remain available until expended: 
Provided, 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.
    This supplemental request would provide funds for 
assistance to Kenya and Tanzania in response to bombings in 
those countries.
    The entire amount requested has been designated by the 
President as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------                                


                  FUNDS APPROPRIATED TO THE PRESIDENT

                   International Security Assistance

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956 and section 10 of P.L. 91-672, an 
additional amount for ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'' for anti-terrorism assistance, 
$20,000,000, to remain available until expended: Provided, 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.
    This supplemental request would provide additional funds 
for the State Department's anti-terrorism assistance program.
    The entire amount requested has been designated by the 
President as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                                
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