[105th Congress Public Law 174]
[From the U.S. Government Printing Office]
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[DOCID: f:publ174.105]
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1998 SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS ACT
[[Page 112 STAT. 58]]
Public Law 105-174
105th Congress
An Act
Making emergency supplemental appropriations for the fiscal year ending
September 30, 1998, and for other purposes. <<NOTE: May 1, 1998 - [H.R.
3579]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: 1998 Supplemental
Appropriations and Rescissions Act.>> assembled, That the following
sums are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1998, and for
other purposes, namely:
TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE DEPARTMENT OF
DEFENSE
CHAPTER 1
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
[[Page 112 STAT. 59]]
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'',
$48,100,000: 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, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $27,400,000: 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'', $125,528,000, for emergency expenses resulting from natural
disasters in the United States: Provided, That the Secretary of Defense
may transfer these funds to current applicable operation and maintenance
and working capital funds 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 of Defense: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement
[[Page 112 STAT. 60]]
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for $125,528,000, 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.
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'', $1,814,100,000, to remain available until expended:
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, the Defense Health Program, procurement, and research,
development, test and evaluation: 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, except that funds made available for or transferred to
classified programs shall remain available until September 30, 1999:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority contained in
Public Law 105-56.
[[Page 112 STAT. 61]]
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 ``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--THIS CHAPTER
Section 1. In addition to the amounts provided in Public Law 105-56,
$36,500,000 is appropriated under the heading ``Overseas Humanitarian,
Disaster, and Civic <<NOTE: Grants. American Red Cross.>> 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. 2. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are 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).
Sec. 3. In addition to the amounts appropriated to the Department of
Defense under Public Law 105-56, there is hereby appropriated
$47,000,000 for the ``Reserve Mobilization Income Insurance Fund'', to
remain available until expended: Provided, That such amount is
designated by the Congress as an emergency requirement
[[Page 112 STAT. 62]]
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for $47,000,000, 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.
Sec. 4. 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. <<NOTE: Reports. Records.>>
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 <<NOTE: Reports.>> 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.
(including transfer of funds)
Sec. 5. (a) Quality <<NOTE: Establishment.>> Assurance Report on
Military Health Care.--The Secretary of Defense shall appoint an
independent panel of experts to evaluate recent measures taken by the
Acting Assistant Secretary of Defense for Health Affairs and the
Surgeons General of the Army, Navy and Air Force to improve the quality
of care provided by the Military Health Services System.
(b) Membership.--(1) The panel shall be composed of nine members
appointed by the Secretary of Defense. At least five of those members
shall be persons who are highly qualified in the medical arts, have
experience in setting health care standards, and possess a demonstrated
understanding of the military health care system and its unique mission
requirements. The remaining members shall be persons who are current
beneficiaries of the Military Health Services System.
(2) The Secretary shall designate one member to serve as chairperson
of the panel.
(3) The Secretary shall appoint the members of this panel not later
than 45 days after enactment of this Act.
(c) Functions of the Panel.--The panel shall review the Department
of Defense Access and Quality Improvement Initiative announced in early
1998 (together with other related quality improvement actions) to assess
whether all reasonable measures have been taken to ensure that the
Military Health Services System delivers health care services in
accordance with consistently high professional standards. The panel
shall specifically assess actions of the Department to accomplish the
following objectives of that initiative and related management actions:
(1) upgrade professional education and training requirements
for military physicians and other health care providers;
[[Page 112 STAT. 63]]
(2) establish ``Centers of Excellence'' for complicated
surgical procedures;
(3) make timely <<NOTE: Reports.>> and complete reports to
the National Practitioner Data Bank and eliminate associated
reporting backlogs;
(4) assure that Military Health Services System providers
are properly licensed and have appropriate credentials;
(5) reestablish the Quality Management Report to aid in
early identification of compliance problems;
(6) improve communications with beneficiaries to provide
comprehensive and objective information on the quality of care
being provided;
(7) strengthen the National Quality Management Program;
(8) ensure that all laboratory work meets professional
standards; and
(9) ensure the accuracy of patient data and information.
(d) Report.--Not later than six months after the date on which the
panel is established, the panel shall submit to the Secretary a report
setting forth its findings and conclusions, and the reasons therefor,
and such recommendations it deems appropriate. The Secretary shall
forward the report of the panel to Congress not later than 15 days after
the date on which the Secretary receives it, together with the
Secretary's comments on the report.
(e) Panel Administration.--(1) The members of the panel shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized by law for employees of agencies while away from their
homes or regular places of business in the performance of services for
the panel.
(2) Upon request of the chairperson of the panel, the Secretary of
Defense may detail to the panel, on a nonreimbursable basis, personnel
of the Department of Defense to assist the panel in carrying out its
duties. The Secretary of Defense shall furnish to the panel such
administrative and support services as may be requested by the chairman
of the panel.
(f) Panel Financing.--Of the funds appropriated in Public Law 105-56
for ``Research, Development, Test and Evaluation, Navy'', $4,700,000
shall be transferred to ``Defense Health Program'', to be available
through fiscal year 1999, only for administrative costs of this panel
and for the express purpose of initiating or accelerating any activity
identified by the panel that will improve the quality of health care
provided by the Military Health Services System.
(transfer of funds)
Sec. 6. 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''.
Sec. 7. (a) Congress urges the President to seek concurrence among
the members of the North Atlantic Treaty Organization (NATO) on
arrangements that set forth--
(1) the benchmarks for achieving a sustainable peace process
that are detailed in the report accompanying the certification
that was made by the President to Congress on March 3, 1998;
(2) estimated target dates for achieving the benchmarks; and
[[Page 112 STAT. 64]]
(3) a process for NATO to review progress toward achieving
the benchmarks.
(b) The President <<NOTE: President. Reports.>> shall submit to
Congress--
(1) not later than June 30, 1998, a report on efforts to
gain agreement on arrangements described in subsection (a), and
such report should include an explanation of the
Administration's view of whether it would promote United States
interests to adopt firm schedules or deadlines for achieving
such benchmarks; and
(2) semiannually after that report, so long as United States
ground combat forces continue to participate in the
Stabilization Force for Bosnia (SFOR), a report on the progress
made toward achieving the benchmarks referred to in subsection
(a)(1), including any developments which may affect the ability
of the relevant parties to achieve the benchmarks in a timely
manner.
(c) The Congress urges the President to ensure that efforts to meet
the estimated target dates described in this section do not jeopardize
the safety of United States Armed Forces in Bosnia.
(d) The enactment of this section does not reflect approval or
disapproval of the benchmarks submitted by the President in the
certification to Congress transmitted on March 3, 1998.
Sec. 8. Notwithstanding any other provision of law, in the case of a
person who is selected for training in a State program conducted under
the National Guard Challenge Program and who obtains a general education
diploma in connection with such training, the general education diploma
shall be treated as equivalent to a high school diploma for purposes of
determining the eligibility of the person for enlistment in the Armed
Forces.
Sec. 9. In addition to the amounts provided in Public Law 105-56,
$179,000,000 is appropriated under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'': Provided, That the additional
amount shall be made available for enhancements to selected theater
missile defense programs to counter enhanced ballistic missile threats:
Provided further, That of the additional amount appropriated,
$45,000,000 shall be made available only for the purpose of adjusting
the cost-share of the parties under the Agreement between the Department
of Defense and the Ministry of Defence of Israel for the Arrow
Deployability Program: Provided further, That of the additional amount
appropriated, $38,000,000 shall be made available only for the Sea-Based
Wide Area Defense (Navy Upper-Tier) Program: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for $179,000,000, 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.
Sec. 10. (a)(1) The Secretary of Defense may enter into a lease or
acquire any other interest in the parcels of land described in paragraph
(2). The parcels consist in aggregate of approximately 90 acres.
(2) The parcels of land referred to in paragraph (1) are the
following land used for the commercial production of cranberries:
[[Page 112 STAT. 65]]
(A) The parcels known as the Mashpee bogs, located on the
Quashnet River adjacent to the Massachusetts Military
Reservation, Massachusetts.
(B) The parcels known as the Falmouth bogs, located on the
Coonamessett River adjacent to the Massachusetts Military
Reservation, Massachusetts.
(3) The term of any lease or other interest acquired under paragraph
(1) may not exceed two years.
(4) Any lease or other real property interest acquired under
paragraph (1) shall be subject to such other terms and conditions as are
agreed upon jointly by the Secretary and the person or entity entering
into the lease or extending the interest.
(b) Of the amounts appropriated or otherwise made available for the
Department of Defense for fiscal year 1998, up to $2,000,000 may be
available to acquire interest under subsection (a).
Sec. 11. In addition to the amounts provided in Public Law 105-56,
$272,500,000 is appropriated under the heading ``Aircraft Procurement,
Navy'': Provided, That the additional amount shall be made available
only for the procurement of eight F/A-18 aircraft for the United States
Marine Corps: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
$272,500,000, 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. 12. Funds appropriated in fiscal year 1997, 1998 and hereafter
for the Pacific Disaster Center may be obligated to carry out such
missions as the Secretary of Defense may specify for disaster
information management supporting mitigation, preparedness, response and
recovery from this Federal facility and assuring critical infrastructure
availability and humanitarian assistance at the Federal, State, local
and regional levels in the geographic area of responsibility of the
Commander in Chief, Pacific and beyond in support of the Global Disaster
Information Network as appropriate.
(including transfer of funds)
Sec. 13. Of the funds provided in Public Law 105-56 for ``Research,
Development, Test and Evaluation, Navy'', $300,000 shall be transferred
to ``Operation and Maintenance, Defense-Wide'': Provided,
That <<NOTE: Grants.>> the Secretary of Defense shall make grants from
the ``Operation and Maintenance, Defense-Wide'' account in the total
amount of not to exceed $300,000 to the Outdoor Odyssey at Roaring Run
to initiate a youth development and leadership program.
Sec. 14. Notwithstanding section 7306 of title 10 United States
Code, and any other provision of law, of the funds made available to the
Department of the Navy by Public Law 105-56, $3,000,000 may be used only
for disposal of residual fuel contained on the U.S.S. Alabama.
Sec. 15. Notwithstanding any other provision of law, funds
appropriated for the Defense Health Program for fiscal year 1998 may be
used to provide health benefits under section 1086 of title 10, United
States Code, to a person who is described in paragraph
[[Page 112 STAT. 66]]
(1) of subsection (d) of such section, would be eligible for health
benefits under such section in the absence of such paragraph (1), and
satisfies the requirements of subparagraphs (A) and (B) of paragraph (2)
of such subsection (d), if the Secretary of Defense considers that the
provision of health benefits under such section is appropriate to ensure
health care coverage for such a person who may have been unaware of the
termination of the person's eligibility for such health benefits.
(including transfer of funds)
Sec. 16. In addition to the amounts provided in Public Law 105-56,
$28,000,000, to remain available until expended, is appropriated and
shall be available for deposit in the International Trust Fund of the
Republic of Slovenia, Mine Clearance, and Assistance to Mine Victims in
Bosnia and Herzegovina (the ``Fund'') and other land mine-affected
countries in the region: Provided, That the entire amount shall be
available only to the extent an official budget request, for a specific
dollar amount, that includes a 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 to the Congress
by the President: 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 amount designated
as an emergency shall be transferred to the Department of State for
administration: Provided further, That such amount may be deposited in
the Fund in two equal annual installments, upon emergency designation,
only if the President certifies annually to the Congress of the United
States that such amounts could be used effectively and for objectives
consistent with ongoing efforts to carry out humanitarian demining
activities in and around Bosnia: Provided further, That such amount may
be deposited in the Fund only to the extent of deposits of matching
amounts in that Fund by other governments, entities, or persons.
Sec. 17. It is the sense of the Congress that none of the funds
appropriated or otherwise made available by this Act may be made
available for the conduct of offensive operations by United States Armed
Forces against Iraq for the purpose of obtaining compliance by Iraq with
United Nations Security Council Resolutions relating to inspection and
destruction of weapons of mass destruction in Iraq unless such
operations are specifically authorized by a law enacted after the date
of the enactment of this Act.
Sec. 18. Cavalese, Italy Air Tragedy.--The United States Congress
expresses regret and extends its deepest sympathies to the families of
the victims for the tragic incident involving Marine Corps aircraft near
Cavalese, Italy on <<NOTE: Claims.>> February 3, 1998. The Secretary of
Defense shall make available on a timely basis all legal and other
technical assistance necessary to facilitate the expeditious processing
and resolution of legitimate claims for wrongful death, loss of business
and profits, and property damage under the procedures set forth under
the NATO Status of Forces Agreement. The Secretary of Defense shall
ensure that any claim to replace the destroyed funicular system before
the upcoming winter tourist season be considered on a priority basis.
[[Page 112 STAT. 67]]
CHAPTER 2
DEPARTMENT OF DEFENSE--MILITARY CONSTRUCTION
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'' to cover costs arising from storm related damage, $3,700,000, to
be available only to the extent that an official budget request for a
specific dollar amount that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the 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.
Family Housing, Navy and Marine Corps
For an additional amount for ``Family Housing, Navy and Marine
Corps'' to cover costs arising from Typhoon Paka related damage,
$15,600,000: 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 ``Family Housing, Navy and Marine
Corps'' to cover costs arising from El Nino related damage, $2,500,000,
to be available only to the extent that an official budget request for a
specific dollar amount that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the 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.
Family Housing, Air Force
For an additional amount for ``Family Housing, Air Force'' to cover
costs arising from Typhoon Paka related damage, $1,500,000: 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 ``Family Housing, Air Force'' to cover
costs arising from El Nino related damage, $900,000, to be available
only to the extent that an official budget request for a specific dollar
amount that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the 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.
[[Page 112 STAT. 68]]
Base Realignment and Closure Account, Part III
For an additional amount for ``Base Realignment and Closure Account,
Part III'' to cover costs arising from El Nino related damage,
$1,020,000, to be available only to the extent that an official budget
request for a specific dollar amount that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the 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.
GENERAL PROVISION--THIS CHAPTER
Sec. 20. Notwithstanding any other provision of law, using amounts
appropriated in Public Law 104-196 for ``Military Construction, Navy'',
for the military construction project for North Island Naval Air
Station, California, and contributions (if any) provided by the State of
California and local governments to support that project, the Secretary
of the Navy, in cooperation with local governments, shall carry out
beach replenishment in connection with that project using sand obtained
from any location. The contributions (if any) provided by the State of
California and local governments shall be available only for beach
replenishment activities performed after the date of the enactment of
this Act.
TITLE II--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
agricultural credit insurance fund program account
For additional gross obligations for the principal amount of
emergency insured loans authorized by 7 U.S.C. 1928-1929, to be
available from funds in the Agricultural Credit Insurance Fund, for
losses in fiscal year 1998 resulting from natural disasters,
$87,400,000.
For the additional cost of emergency insured loans, including the
cost of modifying loans as defined in section 502 of the Congressional
Budget Act of 1974, $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 natural disasters,
[[Page 112 STAT. 69]]
$30,000,000, to remain available until expended: Provided, That the
entire amount shall be available only to the extent that an official
budget request for $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 such Act.
For an additional amount for the ``Emergency Conservation Program''
to provide cost-sharing assistance to maple producers to replace taps
and tubing that were damaged by ice storms in northeastern States in
1998, $4,000,000, to remain available until expended: Provided, That the
entire amount shall be available only to the extent that an official
budget request for $4,000,000, 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.
tree assistance program
An amount of $14,000,000 is provided for assistance to replace or
rehabilitate trees, excluding trees used for pulp and/or timber, and
vineyards damaged by natural disasters: Provided, That the entire amount
shall be available only to the extent that an official budget request
for $14,000,000, 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.
Commodity Credit Corporation Fund
livestock disaster assistance program
Effective <<NOTE: Effective date.>> only for losses incurred
beginning on November 27, 1997, through the date of enactment of this
Act, $4,000,000 to implement a livestock indemnity program to compensate
producers for losses of livestock (including ratites) 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 the entire amount shall be available only
to the extent that an official budget request for $4,000,000, 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.
[[Page 112 STAT. 70]]
dairy production disaster assistance program
Effective only for <<NOTE: Effective date.>> natural disasters
beginning on November 27, 1997, through the date of enactment of this
Act, $6,800,000 to implement a dairy production indemnity program to
compensate producers at a payment rate of $4.00 per hundredweight for
losses of milk that had been produced but not marketed or for diminished
production (including diminished future production due to mastitis) due
to natural disasters designated pursuant to a Presidential or
Secretarial declaration requested during such period: Provided, That
payments for diminished production shall be determined on a per head
basis derived from a comparison to a like production period from the
previous year, the disaster period is 180 days starting with the date of
the disasters and the payment rate shall be $4.00 per hundredweight of
milk: Provided further, That the entire amount shall be available only
to the extent that an official budget request for $6,800,000, 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.
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 natural disasters, $80,000,000, to remain available until expended:
Provided, That the entire amount shall be available only to the extent
that an official budget request for $80,000,000, 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.
CHAPTER 2
United States Information Agency
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $5,000,000, to remain available until September 30, 1999,
for a grant to Radio Free Europe/Radio Liberty for surrogate radio
broadcasting to the Iraqi people: Provided, That such broadcasting shall
be designated ``Radio Free <<NOTE: Reports.>> Iraq'': Provided further,
That within 30 days of enactment into law of this Act the Broadcasting
Board of Governors shall submit a detailed report to the appropriate
committees of Congress on plans to establish a surrogate broadcasting
service to Iraq: Provided further, That such amount is designated by
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 entire
[[Page 112 STAT. 71]]
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
operation and maintenance, general
For emergency repairs due to flooding and other natural disasters,
$105,185,000, 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: Provided, That the entire amount shall be available only
to the extent an official budget request for a specific dollar amount
that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to Congress: Provided further, That the entire amount is designated by
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 THE INTERIOR
Bureau of Reclamation
water and related resources
For an additional amount for ``Water and Related Resources'' to
repair damage caused by floods and other natural disasters, $4,520,000,
to remain available until expended, which shall be available only to the
extent that an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to
Congress: Provided, That the entire amount is designated by 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.
[[Page 112 STAT. 72]]
CHAPTER 4
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
construction
For an additional amount for ``Construction'', $1,837,000, 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 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.
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'', $32,818,000, to
remain available until expended, to repair damage caused by floods and
other natural disasters: Provided, That of such amount, $29,130,000
shall be available only to the extent that an official budget request
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.
National Park Service
construction
For an additional amount for ``Construction'' to repair damage
caused by floods and other natural disasters, $9,506,000, to remain
available until expended: Provided, That the entire amount shall be
available only to the extent that an official budget request 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 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, $1,198,000, to remain available until expended:
Provided, That the entire amount shall be available only to the
[[Page 112 STAT. 73]]
extent that an official budget request 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 such Act.
Bureau of Indian Affairs
construction
For an additional amount for ``Construction'', $1,065,000, to remain
available until expended, of which $700,000 is to repair damage caused
by floods and other natural disasters, and $365,000 is for replacement
of fixtures and testing for and remediation of Polylchlorinated
biphenyls (PCBs) in Bureau of Indian Affairs schools and administrative
facilities: Provided, That the entire amount shall be available only to
the extent that an official budget request 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.
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 of such amount, $28,000,000 shall be available
only to the extent that an official budget request 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.
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, $10,461,000, to remain available until
expended: Provided, That of such amount, $5,461,000 shall be available
only to the extent that an official budget request 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
[[Page 112 STAT. 74]]
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.
wildland fire management
For an additional amount for ``Wildland Fire Management'' for
emergency expenses for forest fire presuppression activities on National
Forest System lands, for emergency fire suppression on or adjacent to
such lands or other lands under fire protection agreement, and for
emergency rehabilitation of burned-over National Forest System lands, in
response to damages caused by windstorms in Texas, $2,000,000, to remain
available until expended: Provided, That the entire amount shall be
available only to the extent that an official budget request 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.
DEPARTMENT OF ENERGY
Strategic Petroleum Reserve
The paragraph under this heading in <<NOTE: 111 Stat. 1580.>>
Public Law 105-83 is
amended by inserting before the period ``: Provided further, That the
drawdown and sale of oil from the Strategic Petroleum Reserve shall be
prohibited to the extent that such actions are determined by the
President to be imprudent in light of current market conditions and that
an official budget request for a prohibition of the drawdown and sale of
oil from the Strategic Petroleum Reserve and including a designation of
the entire request and the $207,500,000 of revenue foregone 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''.
CHAPTER 5
DEPARTMENT OF TRANSPORTATION
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 floods 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 is designated
[[Page 112 STAT. 75]]
by 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 of such amount, $35,000,000 shall be
available only to the extent that an official budget request for a
specific dollar amount that includes designation of the entire amount of
the request as an emergency requirement as defined in such Act is
transmitted by the President to the Congress: 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 23
U.S.C. 125(b)(1) shall not apply to projects resulting from flooding
during the fall of 1997 through the winter of 1998 in California:
Provided further, That if sufficient carryover balances for the
necessary expenses for administration and operation (including motor
carrier safety program operations) of the Federal Highway
Administration, the National Highway Traffic Safety Administration, and
the Bureau of Transportation Statistics are not available, and pending
the reauthorization of the Federal-aid highways 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 highways program made available by this Act.
Federal Railroad Administration
emergency railroad rehabilitation and repair
For necessary expenses to repair and rebuild freight rail lines of
regional and short line railroads or a State entity damaged by floods
that occurred between and including September 1996 and March 1998,
$9,800,000, to be awarded to the States subject to the discretion of the
Secretary on a case-by-case basis: Provided, That funds provided under
this heading shall be available for rehabilitation of railroad rights-
of-way, bridges, and other facilities which are part of the general
railroad system of transportation, and primarily used by railroads to
move freight traffic: Provided further, That railroad rights-of-way,
bridges, and other facilities owned by class I railroads are not
eligible for funding under this heading unless the rights-of-way,
bridges, or other facilities are under contract lease to a class II or
class III railroad under which the lessee is responsible for all
maintenance costs of the line: Provided further, That railroad rights-
of-way, bridges, and other facilities owned by passenger railroads, or
by tourist, scenic, or historic railroads are not eligible for funding
under this heading: Provided further, That these funds shall be
available only to the extent an official budget request, for a specific
dollar amount, 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 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 all funds made available under this
heading are to remain available until September 30, 1998.
[[Page 112 STAT. 76]]
CHAPTER 6
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development block grants
For an additional amount for ``Community development block grants'',
as authorized under title I of the Housing and Community Development Act
of 1974, $130,000,000, which shall remain available until September 30,
2001, for use only for disaster relief, long-term recovery, and
mitigation in communities affected by Presidentially-declared natural
disasters designated during fiscal year 1998, except for those
activities reimbursable by or for which funds are made available by the
Federal Emergency Management Agency, the Small Business Administration,
or the Army Corps of Engineers: Provided, That in administering these
amounts and except as provided in the next proviso, the Secretary of
Housing and Urban Development (the Secretary) may waive or specify
alternative requirements for, any provision of any statute or regulation
that the Secretary administers in connection with the obligation by the
Secretary or the use by the recipient of these funds, except for
statutory requirements related to civil rights, fair housing and
nondiscrimination, the environment, and labor standards, upon a finding
that such waiver is required to facilitate the use of such funds and
would not be inconsistent with the overall purpose of the statute:
Provided further, That the Secretary may waive the requirements that
activities benefit persons of low- and moderate-income, except that at
least 50 percent of the funds under this heading must benefit primarily
persons of low- and moderate-income unless the Secretary makes a finding
of compelling need: Provided further, That all funds under this heading
shall be allocated by the Secretary to States to be administered by each
State in conjunction with its Federal Emergency Management Agency
program or its community development block grants program or by the
entity designated by its Chief Executive Officer to administer the HOME
Investment Partnerships Program: Provided further, That each State shall
provide not less than 25 percent in non-Federal public matching funds or
its equivalent value (other than administrative costs) for any funds
allocated to the State under this heading: Provided further, That, in
conjunction with the Director of the Federal Emergency Management
Agency, the Secretary shall allocate funds based on the unmet needs
identified by the Director as those which have not or will not be
addressed by other Federal disaster assistance programs: Provided
further, That, in conjunction with the Director, the Secretary shall
utilize annual disaster cost estimates in order that the funds under
this heading shall be available, to the maximum extent feasible, to
assist States with all Presidentially declared disasters designated
during this fiscal year: Provided further, That the <<NOTE: Federal
Register, publication.>> Secretary shall publish a notice in the
Federal Register governing the allocation and use of the community
development block grants funds made available under this heading for
disaster areas: Provided further, That <<NOTE: Records.>> 10 days prior
to distribution of funds, the Secretary and the Director shall submit a
list to the House and Senate Appropriations Subcommittees on VA, HUD and
Independent Agencies, setting forth the proposed uses of funds and the
most recent estimates of unmet
[[Page 112 STAT. 77]]
needs (including all uses of waivers and the reasons therefore):
Provided further, That the Secretary <<NOTE: Reports.>> and the
Director shall submit quarterly reports to the Subcommittees regarding
the actual projects, localities and needs for which funds have been
provided: Provided further, That these reports shall be based upon
quarterly reports submitted to HUD and the Director by each State
receiving funds under this heading: Provided further, That the entire
amount shall be available only to the extent an official budget request,
that includes designation of the entire amount of the request as an
emergency requirement as defined by 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.
INDEPENDENT AGENCY
Federal Emergency Management Agency
disaster relief
For an additional amount for ``Disaster relief '', $1,600,000,000,
to remain available until expended: Provided, That these funds shall be
available only to the extent that an official budget request for a
specific amount, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to Congress: Provided further, That the entire amount
appropriated herein is designated by 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 7
RESCISSIONS
DEPARTMENT OF TRANSPORTATION
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, $241,000,000 are rescinded.
[[Page 112 STAT. 78]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
section 8 reserve preservation account
(rescission)
Of the amounts recaptured under this heading during fiscal year 1998
and prior years, $2,347,190,000 are rescinded.
TITLE III--SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Office of the Secretary
During fiscal year 1998, not to exceed $543,000 from funds available
to the Secretary of Agriculture to provide compensation to agriculture
producers and other persons under section 105(b) of the Federal Plant
Pest Act (7 U.S.C. 150dd(b)) may be available for payments to any person
who had wheat stored in a storage facility that was subject to an
emergency action notice issued by the Secretary relating to the presence
or presumed presence of Karnal bunt to compensate the person for
economic losses incurred as a result of the effect of the notice on the
operation of the storage facility (including wheat plowed under in
calendar year 1996) after issuance of an emergency action notice due to
Karnal bunt. The determination by the Secretary of the amount of any
compensation to be paid under this section shall be final.
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.
Grain Inspection, Packers and Stockyards Administration
inspection and weighing services
For expenses necessary to recapitalize the revolving fund
established under section 7(j)(1) of the United States Grain Standards
Act (7 U.S.C. 79(j)(1)), $1,500,000.
Farm Service Agency
agricultural credit insurance fund program account
For additional gross obligations for the principal amount of direct
and guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be
available from funds in the Agricultural Credit Insurance Fund, as
follows: farm ownership loans, $43,320,000, of which
[[Page 112 STAT. 79]]
$25,000,000 shall be available for guaranteed loans; operating loans,
$105,000,000, of which $35,000,000 shall be for subsidized guaranteed
loans; and for boll weevil eradication program loans as authorized by 7
U.S.C. 1989, $18,814,000.
For the additional cost of direct and guaranteed loans, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership loans,
$3,356,000, of which $967,000 shall be for guaranteed loans; operating
loans, $7,973,000, of which $3,374,000 shall be for subsidized
guaranteed loans; and for boll weevil eradication program loans as
authorized by 7 U.S.C. 1989, $222,000.
Food Stamp Program
Of the amounts made available under this heading 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: Provided, That fees derived from applications received during
fiscal year 1998 shall be credited to the appropriation current in the
year in which fees are collected and subject to the fiscal year 1998
limitation.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1001. Notwithstanding any other provision of law, permanent
employees of county committees employed during fiscal year 1998 pursuant
to 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C.
590h(b)) shall be considered as having Federal Civil Service status only
for the purpose of applying for United States Department of Agriculture
Civil Service vacancies.
Sec. 1002. Notwithstanding any other provision of law regarding a
competitive research, education, or extension grant program of the
Department of Agriculture, the Secretary may use grant program funds, as
necessary, to supplement funds otherwise available for program
administration, to pay for the costs associated with peer review of
grant proposals under the program.
CHAPTER 2
DEPARTMENT OF ENERGY
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
[[Page 112 STAT. 80]]
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--THIS CHAPTER
Sec. 2001. Notwithstanding any other provisions of law, no fully
allocated funding policy shall be applied to projects for which funds
were identified in the Conference Report (House Report 105-271)
accompanying the Energy and Water Development Appropriations Act, 1998,
Public Law 105-62 (111 Stat. 1320 et seq.), under the Construction,
General; Operation and Maintenance, General; and Flood Control,
Mississippi River and Tributaries, appropriation accounts: Provided,
That the Secretary of the Army, acting through the Chief of Engineers,
is directed to undertake these projects using continuing contracts, as
authorized in section 10 of the Rivers and Harbors Act of September 22,
1922 (33 U.S.C. 621).
Sec. 2002. The Secretary of the Army, acting through the Chief of
Engineers, is directed to use available funds, up to the maximum amount
authorized per project under section 205 of the Flood Control Act of
1948, as amended, to provide a level of enhanced flood protection at
Elba, Alabama.
Sec. 2003. 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 <<NOTE: Texas.>> 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. 2004. 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.
CHAPTER 3
DEPARTMENT OF THE INTERIOR
National Park Service
operation of the national park system
For an additional amount for ``Operation of the National Park
System'', $340,000, to remain available until expended, to provide for
public access at Katmai National Park and Preserve and for
[[Page 112 STAT. 81]]
litigation costs related to the disposition of an allotment within the
Park.
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 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.
[[Page 112 STAT. 82]]
GENERAL PROVISIONS--THIS CHAPTER
Sec. 3001. Section 330C(c) of subpart I of part D of title III of
the Public Health Service Act (42 U.S.C. 254b et seq.), as
amended <<NOTE: 42 USC 254c-3.>> by section 4922 of Public Law 105-33,
is further amended by inserting ``, to remain available until
expended,'' after the words ``fiscal years 1998 through 2002,
$30,000,000''.
Sec. 3002. 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. 3003. 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. 3004. 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: Provided, That the
Department of the Interior shall not be responsible for rehabilitation
of the portable housing units or remediation of any potentially
hazardous substances.
Sec. 3005. Petroglyph <<NOTE: Petroglyph National Monument Boundary
Adjustment Act. New Mexico. 16 USC 431 note.>> 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
[[Page 112 STAT. 83]]
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 (JPANO 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) the National Park Service has identified the realignment
of Unser Boulevard, 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), as serving a park
purpose in the General Management Plan/Development Concept Plan
for Petroglyph National Monument;
(8) the establishment of a citizens' advisory committee
prior to construction of the Unser Boulevard South project,
which runs along the eastern boundary of the Atrisco Unit of the
monument, allowed the citizens of Albuquerque and the National
Park Service to provide significant and meaningful input into
the parkway design of the road, and that similar proceedings
should occur prior to construction within the Paseo del Norte
corridor;
(9) parkway standards approved by the city of Albuquerque
for the construction of Unser Boulevard South along the eastern
boundary of the Atrisco Unit of the monument would be
appropriate for a road passing through the Paseo del Norte
corridor;
(10) 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
(11) 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) Planning Authority.--
(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
[[Page 112 STAT. 84]]
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) Road design.--
(A) If the city of Albuquerque decides to proceed
with the construction of a roadway within the area
excluded from the monument by the amendment made by
subsection (d), the design criteria shall be similar to
those provided for the Unser Boulevard South project
along the eastern boundary of the Atrisco Unit, taking
into account topographic differences and the lane, speed
and noise requirements of the heavier traffic load that
is anticipated for Paseo del Norte, as referenced in
section A-2 of the Unser Middle Transportation Corridor
Record of Decision prepared by the city of Albuquerque
dated December 1993.
(B) At least 180 days before the initiation of any
road construction within the area excluded from the
monument by the amendment made by subsection (d), the
city of Albuquerque shall notify the Director of the
National Park Service (hereinafter ``the Director''),
who may submit suggested modifications to the design
specifications of the road construction project within
the area excluded from the monument by the amendment
made by subsection (d).
(C) If after 180 days, an agreement on the design
specifications is not reached by the city of Albuquerque
and the Director, the city may contract with the head of
the Department of Civil Engineering at the University of
New Mexico, to design a road to meet the design criteria
referred to in subparagraph (A). The design
specifications developed by the Department of Civil
Engineering shall be deemed to have met the requirements
of this paragraph, and the city may proceed with the
construction project, in accordance with those design
specifications.
(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
[[Page 112 STAT. 85]]
``(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 inserting ``(1)'' after ``(a)''; and
(C) by adding at the end the following:
``(2)(A) 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) The document described in this subparagraph is the document
entitled `Petroglyph National Monument Roadway/Utility Corridors', dated
October 30, 1997, 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. 3006. County <<NOTE: 16 USC 1608 note.>> Payment Mitigation--
Transportation System Moratorium. (a)(1) This section provides
compensation for loss of revenues that would have been provided to
counties if no road moratorium, as described in subsection (a)(2), were
implemented or no substitute sales offered as described in subsection
(b)(1). This section does not endorse or prohibit the road building
moratorium nor does it affect the applicability of existing law to any
moratorium.
(2) The Chief of the Forest Service, Department of Agriculture, in
his sole discretion, may offer any timber sales that were scheduled
October 1, 1997, or thereafter, to be offered in fiscal year 1998 or
fiscal year 1999 even if such sales would have been delayed or halted as
a result of any moratorium (resulting from the Federal
[[Page 112 STAT. 86]]
Register proposal of January 28, 1998, pages 4351-4354) 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
sales.
(3) Any sales offered pursuant to subsection (a)(2) 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)(2); 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 sales that are not offered
pursuant to subsection (a)(2), the Chief may, to the extent practicable,
offer substitute sales within the same State in fiscal year 1998 or
fiscal year 1999. Such substitute sales shall be subject to the
requirements of subsection (a)(3).
(2)(A) The Chief shall pay as soon as practicable after fiscal year
1998 and fiscal year 1999 to any State in which sales previously
scheduled to be offered that are referred to in, but not offered
pursuant to, subsection (a)(2) would have occurred, 25 percent of any
anticipated receipts from such sales that--
(i) were scheduled from fiscal year 1998 or fiscal year 1999
sales in the absence of any moratorium referred to in subsection
(a)(2); 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 any funds available to
the Forest Service in fiscal year 1998 or fiscal year 1999, subject to
approval of the Committees on Appropriations of the House of
Representatives and the Senate, 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, United States Code.
(c)(1) During the term <<NOTE: Reports.>> of the moratorium
referred to in subsection (a)(2), 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
[[Page 112 STAT. 87]]
(C) a comprehensive and detailed analysis of the economic
and social effects of the moratorium referred to in subsection
(a)(2) on county, State, and regional levels.
Sec. 3007. Provision of Certain Health Care Services for Alaska
Natives.--Section 203(a) of the Michigan Indian Land Claims Settlement
Act (Public Law 105-143; 111 Stat. 2666) is amended--
(1) by inserting ``other than community based alcohol
services,'' after ``Ketchikan Gateway Borough,''; and
(2) by inserting at the end the following new sentence:
``Notwithstanding any other provision of law, such contract or
compact shall provide services to all Indian and Alaska Native
beneficiaries of the Indian Health Service in the Ketchikan
Gateway Borough without the need for resolutions of support from
any Indian tribe as defined in the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)).''.
Sec. 3008. Section 326(a) of the Act making Appropriations for the
Department of the Interior and related agencies for the fiscal year
ending September 30, 1998 and for other purposes (Public Law 105-83; 111
Stat. 1543) is amended <<NOTE: 111 Stat. 1599.>> by striking ``with any
Alaska Native village or Alaska Native village corporation'' and
inserting ``to any Indian tribe as defined in the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e))''.
Sec. 3009. None of the funds in this or any other Act shall be used
to issue a notice of final rulemaking prior to October 1, 1998 with
respect to the valuation of crude oil for royalty purposes, including
without limitation a rulemaking derived from proposed rules published in
63 Federal Register 6113 (1998), 62 Federal Register 36030, and 62
Federal Register 3742 (1997).
CHAPTER 4
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.
Health Care Financing Administration
program management
For an additional amount for ``Program management'', $2,200,000.
Title II of Public <<NOTE: 111 Stat. 1484.>> Law 105-78 is amended
under this heading by striking the fourth proviso and inserting the
following new proviso: ``Provided further, That $20,000,000 appropriated
under this heading for the transition to a single Part A and Part B
processing system and $20,000,000 to be used only to the extent needed
for Year 2000 century date change conversion requirements of external
contractor systems shall remain available until expended:''.
[[Page 112 STAT. 88]]
Office of the Secretary
general departmental management
Of the funds appropriated under the heading ``general departmental
management'' in Public Law 105-78 to carry out title XX of the Public
Health Service Act, $10,831,000 shall be for activities specified under
section 2003(b)(2), of which $9,131,000 shall be for prevention service
demonstration grants under section 510(b)(2) of title V of the Social
Security Act, as amended, without application of the limitation of
section 2010(c) of said title XX.
DEPARTMENT OF EDUCATION
Special Education
Public Law 105-78, under the <<NOTE: 111 Stat. 1500.>> heading
``special education'' is amended by inserting before the period the
following: ``: Provided further, That $600,000 of the funds provided
under section 672 of the Act shall be for the Early Childhood
Development Project of the National Easter Seal Society for the
Mississippi Delta Region, which funds shall be used to provide training,
technical support, services, and equipment to address personnel and
other needs''.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4001. (a) If a State child health plan under title XXI of the
Social Security Act is approved on or after October 1, 1998, and before
October 1, 1999, for purposes of such title (including allotments under
section 2104(b) of such title) the plan shall be treated as having been
approved with respect to amounts allotted under such title for fiscal
year 1998, as well as for fiscal year 1999.
(b) The appropriation in section 2104(a)(1) of such title for fiscal
year 1998 shall remain available to be obligated through September 30,
1999.
Sec. 4002. Notwithstanding any other provision of law, the
Department of Health and Human Services shall permit the submission of
public comments until August 31, 1998, on the final rule entitled
``Organ Procurement and Transplantation Network'' published by the
Department in the Federal Register on April 2, 1998 (63 Fed. Reg. 16295
et seq.), and such rule shall not become effective before October 1,
1998, after the end of such comment period.
CHAPTER 5
LEGISLATIVE BRANCH
CONGRESSIONAL OPERATIONS
HOUSE OF REPRESENTATIVES
Payments to Widows and Heirs of Deceased Members of Congress
For payment to Lois <<NOTE: Lois G. Capps.>> G. Capps, widow of
Walter H. Capps, late a Representative of the State of California,
$133,600.
For payment to Mary Bono, widow <<NOTE: Mary Bono.>> of Sonny Bono,
late a Representative of the State of California, $136,700.
[[Page 112 STAT. 89]]
ARCHITECT OF THE CAPITOL
Capitol Buildings 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
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 not
to exceed $4,000,000 shall be transferred upon request of the Capitol
Police Board to the Capitol Police Board, ``Capitol Police'', ``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 6
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
amtrak reform council
For necessary expenses of the Amtrak Reform Council, including the
independent assessment of Amtrak, authorized under sections 202, 203,
and 409 of Public Law 105-134, $2,450,000, to remain available until
September 30, 1999: Provided, That not to exceed $400,000 shall be
transferred to the Department of Transportation Inspector General for
the new responsibilities associated with section 409(c) of Public Law
105-134.
Federal Aviation Administration
facilities and equipment
(airport and airway trust fund)
For an additional amount for ``Facilities and Equipment'' for
expenses relating to Year 2000 computer hardware and software problems,
$25,000,000, to remain available until September 30, 1999.
[[Page 112 STAT. 90]]
Research and Special Programs Administration
research and special programs
For an additional amount for emergency transportation activities,
$1,000,000, to remain available until expended: Provided, That of these
funds, $400,000 shall be available only for costs associated with
construction and establishment of an emergency transportation response
center in Arab, Alabama, $550,000 shall be available only for costs
associated with purchase and establishment of a mobile emergency
response system to be administered jointly by the Alabama Department of
Transportation and the Alabama Emergency Management Agency, and $50,000
shall be for Research and Special Programs Administration administrative
costs associated with these projects.
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 facility in Calverton, New York, 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 airfield.
GENERAL PROVISION--THIS CHAPTER
Sec. 6001. Of the balances available to the Federal Transit
Administration from previous appropriations Acts, $1,000,000 shall be
made available for a comprehensive transportation investment analysis of
the primary urban corridor from Ewa to east Honolulu, Hawaii: Provided,
That these funds shall remain available until September 30, 2001.
CHAPTER 7
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, $35,500,000, 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.
[[Page 112 STAT. 91]]
GENERAL PROVISIONS--THIS CHAPTER
Sec. 7001. Federal <<NOTE: Effective date. Termination
date. Applicability. 5 USC 8336 note.>> Employee Voluntary Early
Retirement. (a) Civil Service Retirement System.--Effective for purposes
of the period beginning on the date of enactment of this Act and ending
on September 30, 1999, paragraph (2) of section 8336(d) of title 5,
United States Code, shall be applied as if it had been amended to read
as follows:
``(2)(A) has been employed continuously, by the agency in
which the employee is serving, for at least the 31-day period
ending on the date on which such agency requests the
determination referred to in subparagraph (D);
``(B) is serving under an appointment that is not time
limited;
``(C) has not been duly notified that such employee is to be
involuntarily separated for misconduct or unacceptable
performance;
``(D) is separated from the service voluntarily during a
period in which, as determined by the Office of Personnel
Management (upon request of the agency) under regulations
prescribed by the Office--
``(i) such agency (or, if applicable, the component
in which the employee is serving) is undergoing a major
reorganization, a major reduction in force, or a major
transfer of function; and
``(ii) a significant percentage of the employees
serving in such agency (or component) will be separated
or subject to an immediate reduction in the rate of
basic pay (without regard to subchapter VI of chapter
53, or comparable provisions); and
``(E) as determined by the agency under regulations
prescribed by the Office, is within the scope of the offer of
voluntary early retirement, which may be made on the basis of--
``(i) one or more organizational units;
``(ii) one or more occupational series or levels;
``(iii) one or more geographical locations;
``(iv) other similar nonpersonal factors the Office
determines appropriate; or
``(v) any appropriate combination of such
factors;''.
(b) Federal <<NOTE: Effective date. Termination
date. Applicability. 5 USC 8414 note.>> Employees' Retirement System.--
Effective for purposes of the period beginning on the date of enactment
of this Act and ending on September 30, 1999, subparagraph (B) of
section 8414(b)(1) of title 5, United States Code, shall be applied as
if it had been amended to read as follows:
``(B)(i) has been employed continuously, by the agency in
which the employee is serving, for at least the 31-day period
ending on the date on which such agency requests the
determination referred to in clause (iv);
``(ii) is serving under an appointment that is not time
limited;
``(iii) has not been duly notified that such employee is to
be involuntarily separated for misconduct or unacceptable
performance;
``(iv) is separated <<NOTE: Regulations.>> from the service
voluntarily during a period in which, as determined by the
Office of Personnel Management (upon request of the agency)
under regulations prescribed by the Office--
[[Page 112 STAT. 92]]
``(I) such agency (or, if applicable, the component
in which the employee is serving) is undergoing a major
reorganization, a major reduction in force, or a major
transfer of function; and
``(II) a significant percentage of the employees
serving in such agency (or component) will be separated
or subject to an immediate reduction in the rate of
basic pay (without regard to subchapter VI of chapter
53, or comparable provisions); and
``(v) as determined by the agency under regulations
prescribed by the Office, is within the scope of the offer of
voluntary early retirement, which may be made on the basis of--
``(I) one or more organizational units;
``(II) one or more occupational series or levels;
``(III) one or more geographical locations;
``(IV) other similar nonpersonal factors the Office
determines appropriate; or
``(V) any appropriate combination of such
factors;''.
Sec. 7002. <<NOTE: Manuel Zurita.>> Notwithstanding section 2164 of
title 10, United States Code, the Department of Defense shall permit the
two dependent children of deceased United States Customs Senior Special
Agent Manuel Zurita attending the Antilles Consolidated School System at
Fort Buchanan, Puerto Rico, to complete their primary and secondary
education at this school system without cost to such children or any
parent, relative, or guardian of such children. The United States
Customs Service shall reimburse the Department of Defense for reasonable
educational expenses to cover these costs.
CHAPTER 8
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.
INDEPENDENT AGENCIES
Environmental Protection Agency
state and tribal assistance grants
Notwithstanding <<NOTE: 43 USC 1281 note.>> any other provision of
law, eligible recipients of the funds appropriated to the Environmental
Protection Agency in the State and Tribal Assistance Grants account
since fiscal year 1997 and hereafter for multi-media or single media
grants, other than Performance Partnership Grants authorized pursuant to
Public Law 104-134 and Public Law 105-65, for pollution prevention,
control, and abatement and related activities have been and shall be
those entities eligible for grants under the Agency's organic statutes.
administrative provision
No requirements set forth in any carbon monoxide Federal
implementation plan (FIP) that are based on the Clean Air Act
[[Page 112 STAT. 93]]
as in effect prior to the 1990 amendments to such Act may be imposed in
the State of Arizona.
National Aeronautics and Space Administration
human space flight
(transfer of funds)
The Administrator of the National Aeronautics and Space
Administration shall transfer from amounts made available for NASA in
Public Law 105-65 under the heading, ``Mission support'', $53,000,000 to
``Human space flight'' for Space Station activities, to be merged with
and to be available for the same purposes of such account: Provided,
That the total amount available for Space Station activities in fiscal
year 1998 shall be up to $2,441,300,000.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 8001. Section 206 of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1998 <<NOTE: 111 Stat. 1365.>> (Public Law 105-65; October 27,
1997) is amended by inserting the following before the final period: ``,
and for loans and grants for economic development in and around 18th and
Vine''.
Sec. 8002. Housing Opportunities for Persons with AIDS. (a)
Notwithstanding any other provision of law, with respect to the amount
allocated for fiscal year 1998, and the amounts that would otherwise be
allocated for fiscal year 1999, to the City of Philadelphia,
Pennsylvania on behalf of the Philadelphia, PA-NJ Primary Metropolitan
Statistical Area (in this section referred to as the ``metropolitan
area''), under section 854(c) of the AIDS Housing Opportunity Act (42
U.S.C. 12903(c)), the Secretary of Housing and Urban Development shall
adjust such amounts by allocating to the State of New Jersey the
proportion of the metropolitan area's amount that is based on the number
of cases of AIDS reported in the portion of the metropolitan area that
is located in New Jersey.
(b) The State of New Jersey shall use amounts allocated to the State
under this section to carry out eligible activities under section 855 of
the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the
metropolitan area that is located in New Jersey.
Sec. 8003. Ratification of Internet Intellectual Infrastructure Fee.
(a) The 30 percent portion of the fee charged by Network Solutions, Inc.
between September 14, 1995 and March 31, 1998 for registration or
renewal of an Internet second-level domain name, which portion was to be
expended for the preservation and enhancement of the intellectual
infrastructure of the Internet under a cooperative agreement with the
National Science Foundation, and which portion was held to have been
collected without authority in William Thomas et al. v. Network
Solutions, Inc. and National Science Foundation, Civ. No. 97-2412, is
hereby legalized and ratified and confirmed as fully to all intents and
purposes as if the same had, by prior Act of Congress, been specifically
authorized and directed.
[[Page 112 STAT. 94]]
(b) The National Science Foundation is authorized and directed to
deposit all money remaining in the Internet Intellectual Infrastructure
Fund into the Treasury and credit that amount to its Fiscal Year 1998
Research and Related Activities appropriation to be available until
expended for the support of networking activities, including the Next
Generation Internet.
CHAPTER 9
RESCISSIONS AND OFFSET
DEPARTMENT OF AGRICULTURE
Agricultural Research Service
(rescission)
Of the funds made available under this heading in Public Law 105-86,
$223,000 are rescinded.
Animal and Plant Health Inspection Service
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 105-86,
$350,000 are rescinded.
Agricultural Marketing Service
marketing services
(rescission)
Of the funds made available under this heading in Public Law 105-86,
$25,000 are rescinded.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 105-86,
$38,000 are rescinded.
Food Safety and Inspection Service
(rescission)
Of the funds made available under this heading in Public Law 105-86,
$502,000 are rescinded.
[[Page 112 STAT. 95]]
Farm Service Agency
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 105-86,
$1,080,000 are rescinded.
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,
$8,273,000 are rescinded.
Natural Resources Conservation Service
conservation operations
(rescission)
Of the funds made available under this heading in Public Law 105-86,
$378,000 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.
food program administration
(rescission)
Of the funds made available under this heading in Public Law 105-86,
$114,000 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.
[[Page 112 STAT. 96]]
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
(rescission)
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 AGRICULTURE
Forest Service
forest and rangeland research
(rescission)
Of the funds made available under this heading in Public Law 105-83,
$148,000 are rescinded.
state and private forestry
(rescission)
Of the funds made available under this heading in Public Law 105-83,
$59,000 are rescinded.
[[Page 112 STAT. 97]]
national forest system
(rescission)
Of the funds made available under this heading in Public Law 105-83,
$1,094,000 are rescinded.
wildland fire management
(rescission)
Of the funds made available under this heading in Public Law 105-83,
$148,000 are rescinded.
reconstruction and construction
(rescission)
Of the funds made available under this heading in Public Law 105-83,
$30,000 are rescinded.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health professions education fund
(rescission)
Of the funds made available under the Health Professions Education
Fund appropriation account, $11,200,000 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, $2,500,000 shall be deobligated and are
hereby rescinded.
payments to air carriers
(airport and airway trust fund)
(rescission of contract authorization)
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
Facilities, Engineering, and Development
(rescission)
Of the funds made available under this heading in previous
appropriations Acts, $500,000 are rescinded.
[[Page 112 STAT. 98]]
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, $54,000,000 are rescinded.
Federal Railroad Administration
Conrail Labor Protection
(rescission)
Of the funds made available under this heading in previous
appropriations Acts, $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, as amended by Public Law 105-18, $6,000,000 are rescinded.
operations and maintenance, customs p-3 drug interdiction program
(rescission)
Of the funds made available under this heading in Public Law 102-
393, $4,470,000 are rescinded.
Internal Revenue Service
information technology investments
(rescission)
Of the funds made available under this heading in Public Law 105-61,
$30,330,000 are rescinded.
GENERAL PROVISION--THIS CHAPTER
Sec. 9001. None of the funds appropriated or otherwise made
available in Public Law 105-86 shall be used to pay the salaries and
expenses of personnel to carry out a conservation farm option program as
authorized by section 335 of Public Law 104-127 in excess of
$11,000,000.
GENERAL PROVISIONS--THIS TITLE
Sec. 10001. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
[[Page 112 STAT. 99]]
Sec. 10002. None <<NOTE: Reports.>> of the funds appropriated or
otherwise made available in this or any prior Act may be obligated or
expended by the Patent and Trademark Office to plan for the lease of new
facilities until 30 days after the submission of a report, to be
delivered not later than May 15, 1998, to the Committees on
Appropriations, on the space plans and detailed cost estimate for the
build-out of the new facilities: Provided, That such funds shall be made
available only in accordance with section 605 of Public Law 105-119.
Sec. 10003. Section 203 of the National Sea Grant College Program
Act (33 U.S.C. 1122) is amended by--
(1) striking paragraph (5) and redesignating paragraphs (6)
through (17) as paragraphs (5) through (16);
(2) redesignating subparagraphs (C) through (F) of paragraph
(7), as redesignated, as subparagraphs (D) through (G); and
(3) inserting after subparagraph (B) of paragraph (7), as
redesignated, the following:
``(C) Lake Champlain (to the extent that such
resources have hydrological, biological, physical, or
geological characteristics and problems similar or
related to those of the Great Lakes);''.
Sec. 10004. (a) Any agency listed in section 404(b) of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1998, Public Law 105-119, may transfer any
amount to the Department of State, subject to the limitations of
subsection (b) of this section, for the purpose of making technical
adjustments to the amounts transferred by section 404 of such Act.
(b) Funds transferred pursuant to subsection (a) shall not exceed
$12,000,000, of which not to exceed $3,500,000 may be transferred from
the United States Information Agency, of which not to exceed $3,600,000
may be transferred from the Defense Intelligence Agency, of which not to
exceed $1,600,000 may be transferred from the Defense Security
Assistance Agency, of which not to exceed $900,000 may be transferred
from the Peace Corps, and of which not to exceed $500,000 may be
transferred from any other single agency listed in section 404(b) of
Public Law 105-119.
(c) A transfer of funds pursuant to this section shall not require
any notification or certification to Congress or any committee of
Congress, notwithstanding any other provision of law.
Sec. 10005. Section 584 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1997 (Public Law 104-208; 110
Stat. 3009-171) is amended--
(1) in subsection (a)--
(A) by striking ``For purposes'' and inserting
``Notwithstanding any other provision of law, for
purposes''; and
(B) by striking ``fiscal year 1997'' and inserting
``fiscal years 1998 and 1999''; and
(2) by amending subsection (b) to read as follows:
``(b) Aliens Covered.--
``(1) In general.--An alien described in this subsection is
an alien who--
``(A) is the son or daughter of a qualified
national;
``(B) is 21 years of age or older; and
[[Page 112 STAT. 100]]
``(C) was unmarried as of the date of acceptance of
the alien's parent for resettlement under the Orderly
Departure Program.
``(2) Qualified national.--For purposes of paragraph (1),
the term `qualified national' means a national of Vietnam who--
``(A)(i) was formerly interned in a reeducation camp
in Vietnam by the Government of the Socialist Republic
of Vietnam; or
``(ii) is the widow or widower of an individual
described in clause (i); and
``(B)(i) qualified for refugee processing under the
reeducation camp internees subprogram of the Orderly
Departure Program; and
``(ii) on or after April 1, 1995, is accepted--
``(I) for resettlement as a refugee; or
``(II) for admission as an immigrant under the
Orderly Departure Program.''.
Sec. 10006. The President <<NOTE: President.>> shall instruct the
United States Representatives to the World Trade Organization to seek
the adoption of procedures that will ensure broader application of the
principles of transparency and openness in the activities of the
organization, including by urging the World Trade Organization General
Council to--
(1) permit appropriate meetings of the Council, the
Ministerial Conference, dispute settlement panels, and the
Appellate Body to be made open to the public; and
(2) provide for timely public summaries of the matters
discussed and decisions made in any closed meeting of the
Conference or Council.
district of columbia chief of police
Sec. 10007. (a) Employment Contract.--Paragraph 2 of section 1 of
the Act entitled ``An Act relating to the Metropolitan police of the
District of Columbia'', approved February 28, 1901 (D.C. Code, sec. 4-
104), and any other provision of law affecting the employment of the
Chief of the Metropolitan Police Department of the District of Columbia
shall not apply to the Chief of the Department to the extent that such
paragraph or provision is inconsistent with the terms of an employment
agreement entered into between the Chief, the Mayor of the District of
Columbia, and the District of Columbia Financial Responsibility and
Management Assistance Authority.
(b) Appointment and Removal During Control Year.--
(1) Appointment.--During a control year, the Chief of the
Metropolitan Police Department of the District of Columbia shall
be appointed by the Mayor of the District of Columbia as
follows:
(A) Prior to appointment, the District of Columbia
Financial Responsibility and Management Assistance
Authority (hereafter in this subsection referred to as
the ``Authority'') may submit recommendations for the
appointment to the Mayor.
(B) In consultation with the Authority and the
Council of the District of Columbia, the Mayor shall
nominate an individual for appointment and notify the
Council of the nomination.
[[Page 112 STAT. 101]]
(C) After the expiration of the 7-day period which
begins on the date the Mayor notifies the Council of the
nomination under subparagraph (B), the Mayor shall
notify the Authority of the nomination.
(D) The nomination shall be effective subject to
approval by a majority vote of the Authority.
(2) Removal.--During a control year, the Chief of the
Metropolitan Police Department of the District of Columbia may
be removed by the Authority or by the Mayor with the approval of
the Authority.
(3) Control year defined.--In this subsection, the term
``control year'' has the meaning given such term in section
305(4) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995.
(c) Effective Date.--This section shall be effective as of April 21,
1998.
Sec. 10008. Support for Democratic Opposition in Iraq.
Notwithstanding any other provision of law, of the funds made available
under the heading ``Economic Support Fund'' in Public Law 105-118,
$5,000,000 shall be made available for assistance to the Iraqi
democratic opposition for such activities as organization, training,
communication and dissemination of information, developing and
implementing agreements among opposition groups, compiling information
to support the indictment of Iraqi officials for war crimes, and for
related <<NOTE: Reports.>> purposes: Provided, That within 30 days of
enactment into law of this Act the Secretary of State shall submit a
detailed report to the appropriate committees of Congress on plans to
establish a program to support the democratic opposition in Iraq.
This Act may be cited as the ``1998 Supplemental Appropriations and
Rescissions Act''.
Approved May 1, 1998.
LEGISLATIVE HISTORY--H.R. 3579 (S. 1768):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 105-469 (Comm. on Appropriations) and 105-504 (Comm.
of Conference).
SENATE REPORTS: No. 105-168 accompanying S. 1768 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Mar. 31, considered and passed House. Passed Senate,
amended, in lieu of S. 1768.
Apr. 30, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
May 1, Presidential statement.
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