CONFERENCE REPORT ON H.R. 1469
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CONFERENCE REPORT ON H.R. 1469
(House of Representatives - June 04, 1997)
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CONFERENCE REPORT ON
H.R. 1469
Mr. LIVINGSTON submitted the following conference report and
statement on the bill (
H.R. 1469) making emergency supplemental
appropriations for recovery from natural disasters, and for overseas
peacekeeping efforts, including those in Bosnia, for the fiscal year
ending September 30, 1997, and for other purposes:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for recovery from
natural disasters, and for overseas peacekeeping efforts,
including those in Bosnia, for the fiscal year ending
September 30, 1997, 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'',
$306,800,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$7,900,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $300,000: Provided, That such amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $29,100,000: Provided, That such amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
Overseas Contingency Operations Transfer Fund
(Including Transfer Of Funds)
For an additional amount for ``Overseas Contingency
Operations Transfer Fund'', $1,430,100,000: Provided, That
the Secretary of Defense may transfer these funds only to
Department of Defense operation and maintenance accounts:
Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for the
same time period, as the appropriation to which transferred:
Provided further, That the transfer authority provided in
this paragraph is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That such amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
OPLAN 34A/35 P.O.W. Payments
For payments to individuals under section 657 of Public Law
104-201, $20,000,000, to remain available until expended.
REVOLVING AND MANAGEMENT FUNDS
Reserve Mobilization Income Insurance Fund
For an additional amount for the ``Reserve Mobilization
Income Insurance Fund'', $72,000,000, to remain available
until expended: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 1
(TRANSFER OF FUNDS)
Sec. 101. The Secretary of the Navy shall transfer up to
$23,000,000 to ``Operation and Maintenance, Marine Corps''
from the following accounts in the specified amounts, to be
available only for reimbursing costs incurred for repairing
damage caused by hurricanes, flooding, and other natural
disasters during 1996 and 1997 to real property and
facilities at Marine Corps facilities (including Camp
Lejeune, North Carolina; Cherry Point, North Carolina; and
the Mountain Warfare Training Center, Bridgeport,
California);
``Military Personnel, Marine Corps'', $4,000,000;
``Operation and Maintenance, Marine Corps'', $11,000,000;
``Procurement of Ammunition, Navy and Marine Corps, 1996/
1998'', $4,000,000; and
``Procurement, Marine Corps, 1996/1998'', $4,000,000.
Sec. 102. In addition to the amounts appropriated in title
VI of the Department of Defense Appropriations Act, 1997 (as
contained in section 101(b) of Public Law 104-208), under the
heading ``Defense Health Program'', $21,000,000 is hereby
appropriated and made available only for the provision of
direct patient care at military treatment facilities.
Sec. 103. In addition to the amounts appropriated in title
II of the Department of Defense Appropriations Act, 1997 (as
contained in section 101(b) of Public Law 104-208), under the
heading ``Operation and Maintenance, Defense-Wide'',
$10,000,000 is hereby appropriated and made available only
for force protection and counter-terrorism initiatives.
Sec. 104. In addition to the amounts provided in Public Law
104-208, $25,800,000 is appropriated under the heading
``Overseas Humanitarian, Disaster and Civic Aid'': Provided,
That from the funds available under that heading, the
Secretary of Defense shall make a grant in the amount of
$25,800,000 to the American Red Cross for Armed Forces
emergency services.
Sec. 105. Report on Cost and Source of Funds for Military
Activities Relating to Bosnia.--(a) Not later than 60 days
after enactment of this Act, the President shall submit to
Congress the report described in subsection (b).
(b) Report Elements.--The report referred to in subsection
(a) shall include the following:
(1) A detailed description of the estimated cumulative cost
of all United States activities relating to Bosnia after
December 1, 1995, including--
(A) the cost of all deployments, training activities, and
mobilization and other preparatory activities of the Armed
Forces; and
(B) the cost of all other activities relating to United
States policy toward Bosnia, including humanitarian
assistance, reconstruction assistance, aid and other
financial assistance, the rescheduling or forgiveness of
bilateral or multilateral aid, in-kind contributions, and any
other activities of the United States Government.
(2) A detailed accounting of the source of funds obligated
or expended to meet the costs described in paragraph (1),
including--
(A) in the case of expenditures of funds of Department of
Defense, a breakdown of such expenditures by military service
or defense agency, line item, and program; and
(B) in the case of expenditures of funds of other
departments and agencies of the United States, a breakdown of
such expenditures by department or agency and by program.
Sec. 106. For an additional amount for ``Family Housing,
Navy and Marine Corps'' to cover the incremental Operation
and Maintenance costs arising from hurricane damage to family
housing units at Marine Corps Base Camp Lejeune, North
Carolina and Marine Corps Air Station Cherry Point, North
Carolina, $6,480,000, as authorized by 10 U.S.C. 2854.
CHAPTER 2
RESCISSIONS
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $57,000,000 are rescinded.
Military Personnel, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $18,000,000 are rescinded.
Military Personnel, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
Military Personnel, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $23,000,000 are rescinded.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $196,000,000 are rescinded.
Operation and Maintenance, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $51,000,000 are rescinded.
Operation and Maintenance, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $3,000,000 are rescinded.
Operation and Maintenance, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $117,000,000 are rescinded.
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Operation and Maintenance, Defense-Wide
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $25,000,000 are rescinded.
Environmental Restoration, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Defense-Wide
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Formerly Used Defense Sites
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Former Soviet Union Threat Reduction
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $2,000,000 are rescinded.
PROCUREMENT
Aircraft Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $1,085,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $5,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $13,000,000 are rescinded.
Missile Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,707,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $24,000,000 are rescinded.
Procurement of Weapons and Tracked Combat Vehicles, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,296,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $15,400,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
Procurement of Ammunition, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $3,236,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $18,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $11,000,000 are rescinded.
Other Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,502,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $21,000,000 are rescinded.
Aircraft Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $34,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $52,000,000 are rescinded.
Weapons Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $16,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $6,000,000 are rescinded.
Procurement of Ammunition, Navy and Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 103-335, $812,000 are rescinded.
Shipbuilding and Conversion, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 102-396, $10,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 103-139, $18,700,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $33,000,000 are rescinded.
Other Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $4,237,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $3,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $8,000,000 are rescinded.
Procurement, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 103-335, $1,207,000 are rescinded.
Aircraft Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $49,376,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $40,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $41,000,000 are rescinded.
Missile Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $16,020,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $163,000,000 are rescinded.
Procurement of Ammunition, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $7,700,000 are rescinded.
Other Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $3,659,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $10,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $20,000,000 are rescinded.
Procurement, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $8,860,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $16,113,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
National Guard and Reserve Equipment
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $5,029,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $8,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $4,366,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $18,000,000 are rescinded.
Research, Development, Test and Evaluation, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $16,878,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $9,600,000 are rescinded.
Research, Development, Test and Evaluation, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $24,245,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $172,000,000 are rescinded.
Research, Development, Test and Evaluation, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $95,714,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $87,000,000 are rescinded.
Developmental Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $6,692,000 are rescinded.
Operational Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $160,000 are rescinded.
REVOLVING AND MANAGEMENT FUNDS
National Defense Sealift Fund
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $25,200,000 are rescinded.
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OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $21,000,000 are rescinded.
Chemical Agents and Munitions Destruction, Defense
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $456,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $20,652,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $27,000,000 are rescinded.
Drug Interdiction and Counter-Drug Activities, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $2,000,000 are rescinded.
GENERAL PROVISIONS, CHAPTER 2
(RESCISSIONS)
Sec. 201. Of the funds appropriated in the Military
Construction Appropriations Act, 1996 (Public Law 104-32),
amounts are hereby rescinded from the following accounts in
the specified amounts:
``Military Construction, Air National Guard'', $5,000,000;
``Military Construction, Defense-wide'', $41,000,000;
``Base Realignment and Closure Account, Part II'',
$35,391,000;
``Base Realignment and Closure Account, Part III'',
$75,638,000; and
``Base Realignment and Closure Account, Part IV'',
$22,971,000:
Provided, That of the funds appropriated in the Military
Construction Appropriations Act, 1997 (Public Law 104-196),
amounts are hereby rescinded from the following accounts in
the specified amounts:
``Military Construction, Army'', $1,000,000;
``Military Construction, Navy'', $2,000,000;
``Military Construction, Air Force'', $3,000,000; and
``Military Construction, Defense-wide'', $3,000,000.
(RESCISSION)
Sec. 202. Of the funds appropriated for ``Military
Construction, Navy'' under Public Law 103-307, $6,480,000 is
hereby rescinded.
CHAPTER 3
GENERAL PROVISIONS--THIS TITLE
Sec. 301. The Department of Defense is directed to report
to the congressional defense committees 30 days prior to
transferring management, development, and acquisition
authority over the elements of the National Missile Defense
Program from the Military Services: Provided, That the Joint
Requirements Oversight Council is directed to conduct an
analysis and submit recommendations as to the recommended
future roles of the Military Services with respect to
development and deployment of the elements of the National
Missile Defense Program: Provided further, That the analysis
and recommendations shall be submitted to the congressional
defense committees within 60 days of enactment of this Act:
Provided further, That for 60 days following enactment of
this Act, the Department of Defense shall take no actions to
delay or defer planned activities under the National Missile
Defense Program based solely on the conduct of the Joint
Requirements Oversight Council analysis.
Sec. 302. Notwithstanding section 3612(a) of title 22,
United States Code, the incumbent may continue to serve as
the Secretary of Defense designee on the Board of the Panama
Canal Commission if he retires as an officer of the
Department of Defense, until and unless the Secretary of
Defense designates another person to serve in this position.
Sec. 303. Authority of Secretary of Defense to Enter Into
Lease of Building No. 1, Lexington Blue Grass Station,
Lexington, Kentucky.--
(a) Authority to enter into lease.--The Secretary of
Defense may enter into an agreement for the lease of Building
No. 1, Lexington Blue Grass Station, Lexington, Kentucky, and
any real property associated with the building, for purposes
of the use of the building by the Defense Finance and
Accounting Service. The agreement shall meet the requirements
of this section.
(b) Term.--(1) The agreement under this section shall
provide for a lease term of not to exceed 50 years, but may
provide for one or more options to renew or extend the term
of the lease.
(2) The agreement shall include a provision specifying
that, if the Secretary ceases to require the leased building
for purpose of the use of the building by the Defense Finance
and Accounting Service before the expiration of the term of
the lease (including any extension or renewal of the term
under an option provided for in paragraph (1)), the remainder
of the lease term may, upon the approval of the lessor of the
building, be satisfied by the Secretary or another department
or agency of the Federal Government (including a military
department) for another purpose similar to such purpose.
(c) Consideration.--(1) The agreement under this section
may not require rental payments by the United States under
the lease under the agreement.
(2) The Secretary or other lessee, if any, under subsection
(b)(2) shall be responsible under the agreement for payment
of any utilities associated with the lease of the building
covered by the agreement and for maintenance and repair of
the building.
(d) Improvement.--The agreement under this section may
provide for the improvement of the building covered by the
agreement by the Secretary or other lessee, if any, under subsection
(b)(2).
(e) Limitation on certain activities.--The Secretary may
not obligate or expend funds for the costs of any utilities,
maintenance and repair, or improvements under this lease
under this section in any fiscal year unless funds are
appropriated or otherwise made available for the Department
of Defense for such payment in such fiscal year.
Sec. 304. Notwithstanding 31 U.S.C. 1502(a), 31 U.S.C.
1552(a), and 31 U.S.C. 1553(a), funds appropriated in Public
Law 101-511, Public Law 102-396, and Public Law 103-139,
under the heading ``Weapons Procurement, Navy'', that were
obligated and expended to settle claims on the MK-50 torpedo
program may continue to be obligated and expended to settle
those claims.
Sec. 305. None of the funds available to the Department of
Defense in this or any other Act shall be available to pay
the cost of operating a National Missile Defense Joint
Program Office which includes more than 55 military and
civilian personnel located in the National Capital Region.
Sec. 306. Funds obligated by the National Aeronautics and
Space Administration (NASA) in the amount of $61,300,000
during fiscal year 1996, pursuant to the ``Memorandum of
Agreement between the National Aeronautics and Space
Administration and the United States Air Force on Titan IV/
Centaur Launch Support for the Cassini Mission,'' signed
September 8, 1994, and September 23, 1994, and Attachments A,
B, and C to that Memorandum, shall be merged with Air Force
appropriations available for research, development, test and
evaluation and procurement for fiscal year 1996, and shall be
available for the same time period as the appropriation with
which merged, and shall be available for obligation only for
those Titan IV vehicles and Titan IV-related activities under
contract.
Sec. 307. For the purposes of implementing the 1997 Defense
Experimental Program to Stimulate Competitive Research
(DEPSCoR), the term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, Guam and the
Virgin Islands of the United States, American Samoa and the
Commonwealth of the Northern Mariana Islands.
TITLE II--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM
NATURAL DISASTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
For an additional amount for the ``Agricultural Credit
Insurance Fund Program Account'' for the additional cost of
direct and guaranteed loans authorized by 7 U.S.C. 1928-1929,
including the cost of modifying such loans as defined in
section 502 of the Congressional Budget Act of 1974,
resulting from flooding and other natural disasters,
$23,000,000, to remain available until expended, of which
$18,000,000 shall be available for emergency insured loans
and $5,000,000 shall be available for subsidized guaranteed
operating loans: Provided, That the entire amount shall be
available only to the extent that an official budget request
for $23,000,000 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 such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act.
For an additional amount for the ``Agricultural Credit
Insurance Fund Program Account'' for the additional cost of
direct operating loans authorized by 7 U.S.C. 1928-1929,
including the cost of modifying such loans as defined in
section 502 of the Congressional Budget Act of 1974,
$6,300,000, to remain available until expended.
Emergency Conservation Program
For an additional amount for ``Emergency Conservation
Program'' for expenses, including carcass removal, resulting
from flooding and other natural disasters, $70,000,000, to
remain available until expended: Provided, That the entire
amount shall be available only to the extent that an official
budget request for $70,000,000, 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 such amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
TREE ASSISTANCE PROGRAM
An amount of $9,000,000 is provided for assistance to small
orchardists to replace or rehabilitate trees and vineyards
damaged by natural disasters: Provided, That the entire
amount shall be available only to the extent that an official
budget request of $9,000,000, that includes designation of
the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That such amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
Commodity Credit Corporation Fund
DISASTER RESERVE ASSISTANCE PROGRAM
Effective only for losses in the fiscal year beginning
October 1, 1996, through the date of enactment of this Act,
the Secretary may use up to
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$50,000,000 from proceeds earned from the sale of grain in
the disaster reserve established in the Agricultural Act of
1970 to implement a livestock indemnity program for losses
from natural disasters pursuant to a Presidential or
Secretarial declaration requested prior to the date of
enactment of this Act in a manner similar to catastrophic
loss coverage available for other commodities under 7 U.S.C.
1508(b): Provided, That in administering a program described
in the preceding sentence, the Secretary shall, to the extent
practicable, utilize gross income and payment limitations
conditions established for the Disaster Reserve Assistance
Program for the 1996 crop year: Provided further, That
notwithstanding any other provision of law, beginning on
October 1, 1997, grain in the disaster reserve established in
the Agricultural Act of 1970 shall not exceed 20 million
bushels: 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 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)(D)(i)
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, including debris removal that would not be
authorized under the Emergency Watershed Program, resulting
from flooding and other natural disasters, including those in
prior years, $166,000,000, to remain available until
expended: Provided, That the entire amount shall be available
only to the extent an official budget request for
$166,000,000, 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
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act: Provided further, That if the
Secretary determines that the cost of land and farm
structures restoration exceeds the fair market value of an
affected agricultural land, the Secretary may use sufficient
amounts, not to exceed $15,000,000, from funds provided under
this heading to accept bids from willing sellers to provide
floodplain easements for such agricultural land inundated by
floods: Provided further, That none of the funds provided
under this heading shall be used for the salmon memorandum of
understanding.
Rural Housing Service
Rural Housing Insurance Fund Program Account
Rural Housing Assistance Program
Any unobligated balances remaining in the ``Rural Housing
Insurance Fund Program Account'' from prior years' disaster
supplementals shall be available until expended for
Section 502 housing loans, Section 504 loans and grants,
Section 515 loans, and domestic farm labor grants to meet
emergency needs resulting from natural disasters:
Provided, That such unobligated balances 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 in the
Balanced Budget and Emergency Deficit Control Act of 1985
is transmitted by the President to the Congress: Provided
further, That such unobligated balances are designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act: Provided further, That
notwithstanding section 520 of the Housing Act of 1949, as
amended, (42 U.S.C. 1490) the College Station area of
Pulaski County, Arkansas shall be eligible for loans and
grants available through the Rural Housing Service:
Provided further, That funds made available in Public Law
104-180 for Community Facility Grants for the Rural
Housing Assistance Program may be provided to any
community otherwise eligible for a Community Facility Loan
for expenses directly or indirectly resulting from
flooding and other natural disasters.
Rural Utilities Service
Rural Utilities Assistance Program
For an additional amount for ``Rural Utilities Assistance
Program'', for the cost of direct loans, loan guarantees, and
grants, including the cost of modifying loans as defined in
section 502 of the Congressional Budget Act of 1974, for
emergency expenses resulting from flooding and other natural
disasters, $4,000,000, to remain available until September
30, 1998: 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
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Food and Consumer Service
Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC)
For an additional amount for the ``Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC)'' as
authorized by section 17 of the Child
Nutrition Act of 1966, as amended (42 U.S.C. et seq.),
$76,000,000, to remain available through September 30, 1998:
Provided, That the Secretary shall allocate such funds
through the existing formula or, notwithstanding sections 17
(g), (h), or (i) of such Act and the regulations promulgated
thereunder, such other means as the Secretary deems
necessary.
GENERAL PROVISION, CHAPTER 1
SEC. 1001. COLLECTION AND DISSEMINATION OF INFORMATION ON
PRICES RECEIVED FOR BULK CHEESE.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture shall
collect and disseminate, on a weekly basis, statistically
reliable information, obtained from cheese manufacturing
areas in the United States on prices received and terms of
trade involving bulk cheese, including information on the
national average price for bulk cheese sold through spot and
forward contract transactions. To the maximum extent
practicable, the Secretary shall report the prices and terms
of trade for spot and forward contract transactions
separately.
(b) Confidentiality.--All information provided to, or
acquired by, the Secretary under subsection (a) shall be kept
confidential by each officer and employee of the Department
of Agriculture except that general weekly statements may be
issued that are based on the information and that do not
identify the information provided by any person.
(c) Report.--Not later than 150 days after the date of
enactment of this Act, the Secretary shall report to the
Committee on Agriculture, and the Committee on
Appropriations, of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry, and the
Committee on Appropriations, of the Senate, on the rate of
reporting compliance by cheese manufacturers with respect to
the information collected under subsection (a). At the time
of the report, the Secretary may submit legislative
recommendations to improve the rate of reporting compliance.
(d) Termination of Effectiveness.--The authority provided
by subsection (a) terminates effective April 5, 1999.
CHAPTER 2
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development
Assistance Programs'' for emergency infrastructure expenses
and the capitalization of revolving loan funds related to
recent flooding and other natural disasters, $52,200,000, to
remain available until expended, of which not to exceed
$2,000,000 may be available for administrative expenses and
may be transferred to and merged with the appropriations for
``Salaries and Expenses'': Provided, That the entire amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
National Institute of Standards and Technology
industrial technology services
Of the amount provided under this heading in Public Law
104-208 for the Advanced Technology Program, not to exceed
$35,000,000 shall be available for the award of new grants.
National Oceanic and Atmospheric Administration
Operations, Research, and Facilities
Within amounts available for ``Operations, Research, and
Facilities'' for Satellite Observing Systems, not to exceed
$7,000,000 is available until expended to provide disaster
assistance related to recent flooding and red tide pursuant
to section 312(a) of the Magnuson-Stevens Fishery
Conservation and Management Act, and not to exceed $2,000,000
is available until expended to implement the Magnuson-Stevens
Fishery Conservation and Management Act: Provided, That the
entire amount shall be available only to the extent that an
official budget request for $9,000,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to Congress: Provided further,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
such Act.
Construction
For an additional amount for ``Construction'' for emergency
expenses resulting from flooding and other natural disasters,
$10,800,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
RELATED AGENCY
Commission on the Advancement of Federal Law Enforcement
For an additional amount for the operations of the
Commission on the Advancement of Federal Law Enforcement,
$2,000,000, to remain available until expended.
GENERAL PROVISIONS, CHAPTER 2
Sec. 2001. Of the funds currently contained within the
``Counterterrorism Fund'' of the Department of Justice,
$3,000,000 is provided for allocation by the Attorney General
to the appropriate unit or units of government in Ogden,
Utah, for necessary expenses, including enhancements and
upgrade of security and communications infrastructure, to
counter any potential terrorism threat related to the 2002
Winter Olympic games to be held in Utah.
Sec. 2002. Expanding Small Business Participation in
Dredging.--Section 722(a) of the Small Business
Competitiveness Demonstration
[[Page
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Program Act of 1988 (15 U.S.C. 644 note) is amended by
striking ``September 30, 1996'' and inserting ``September 30,
1997''.
Sec. 2003. Section 101 of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1371) is amended by adding at the end
thereof the following:
``(d) Good Samaritan Exemption.--It shall not be a
violation of this Act to take a marine mammal if--
``(1) such taking is imminently necessary to avoid serious
injury, additional injury, or death to a marine mammal
entangled in fishing gear or debris;
``(2) reasonable care is taken to ensure the safe release
of the marine mammal, taking into consideration the
equipment, expertise, and conditions at hand;
``(3) reasonable care is exercised to prevent any further
injury to the marine mammal; and
``(4) such taking is reported to the Secretary within 48
hours.''.
Sec. 2004. Notwithstanding any other provision of law, the
Secretary of Commerce shall have the authority to reprogram
or transfer up to $41,000,000 of the amounts provided under
``National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities'' for Satellite
Observing Systems in Public Law 104-208 for other
programmatic and operational requirements of the National
Oceanic and Atmospheric Administration and the Department of
Commerce subject to notification of the Committees on
Appropriations of the House of Representatives and the Senate
in accordance with section 605 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1997 and which shall not be
available for obligation or expenditure except in compliance
with the procedure set forth in that section.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
For an additional amount for ``Flood Control, Mississippi
River and Tributaries, Arkansas, Illinois, Kentucky,
Louisiana, Mississippi, Missouri, and Tennessee'' for
emergency expenses due to flooding and other natural
disasters, $20,000,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
operation and maintenance, general
For an additional amount for ``Operation and Maintenance,
General'' for emergency expenses due to flooding and other
natural disasters, $150,000,000, to remain available until
expended: Provided, That of the total amount appropriated,
the amount 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
further, That of the total amount appropriated, $5,000,000
shall be available solely for the Secretary of the Army,
acting through the Chief of Engineers, to pay the costs of
the Corps of Engineers and other Federal agencies associated
with the development of necessary studies, an interagency
management plan, environmental documentation, continued
monitoring, and other activities related to allocations of
water in the Alabama-Coosa-Tallapoosa and Apalachicola-
Chattahoochee-Flint River Basins: Provided further, That no
portion of such $5,000,000 may be used by the Corps of
Engineers to revise its master operational manuals or water
control plans for operation of the reservoirs for the two
river basins until (1) the interstate compacts for the two
river basins are ratified by the Congress by law; and (2) the
water allocation formulas for the two river basins have been
agreed to by the States of Alabama, Georgia, and Florida and
the Federal representative to the compacts: Provided further,
That the preceding proviso shall not apply to the use of such
funds for any environmental reviews necessary for the Federal
representative to approve the water allocation formulas for
the two river basins: Provided further, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
Flood Control and Coastal Emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'' due to flooding and other natural disasters,
$415,000,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That with $5,000,000 of
the funds appropriated herein, the Secretary of the Army is
directed to initiate and complete preconstruction engineering
and design and the associated Environmental Impact Statement
for an emergency outlet from Devils Lake, North Dakota, to
the Sheyenne River: Provided further, That of the funds
appropriated under this paragraph, $5,000,000 shall be used
for the project consisting of channel restoration and
improvements on the James River authorized by section 401(b)
of the Water Resources Development Act of 1986 (Public Law
99-662; 100 Stat. 4128) if the Secretary of the Army
determines that the need for such restoration and
improvements constitutes an emergency.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Operation and Maintenance
For an additional amount for ``Operation and Maintenance'',
$7,355,000, to remain available until expended, to repair
damage caused by floods and other natural disasters:
Provided, That of the total appropriated, the amount for
program activities that can be financed by the Reclamation
Fund shall be derived from that fund: Provided further, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
GENERAL PROVISIONS, CHAPTER 3
Sec. 3001. (a) Beginning in fiscal year 1997 and
thereafter, the United States members and the alternate
members appointed under the Susquehanna River Basin Compact
(Public Law 91-575), and the Delaware River Basin Compact
(Public Law 87-328), shall be officers of the U.S. Army Corps
of Engineers, who hold Presidential appointments as Regular
Army officers with Senate confirmation, and who shall serve
without additional compensation.
(b) Section 2, Reservations, Paragraph (u) of Public Law
91-575 (84 Stat. 1509) and Section 15.1, Reservations,
Paragraph (d) of Public Law 87-328 (75 Stat. 688, 691) are
hereby repealed.
(c) Section 2.2 of Public Law 87-328 (75 Stat. 688, 691) is
amended by striking the words ``during the term of office of
the President'' and inserting the words ``at the pleasure of
the President''.
Sec. 3002. Notwithstanding section 5 of the Reclamation
Safety of Dams Act of 1978, Public Law 95-578, as amended,
the Secretary of the Interior is authorized to obligate up to
$1,200,000 for carrying out actual construction for safety of
dam purposes to modify the Willow Creek Dam, Sun River
Project, Montana.
Sec. 3003. (a) Consultation and Conferencing.--As provided
by regulations issued under the Endangered Species Act (16
U.S.C. 1531 et seq.) for emergency situations, formal
consultation or conferencing under section 7(a)(2) or section
7(a)(4) of the Act for any action authorized, funded or
carried out by any Federal agency to repair a Federal or non-
Federal flood control project, facility or structure may be
deferred by the Federal agency authorizing, funding or
carrying out the action, if the agency determines that the
repair is needed to respond to an emergency causing an
imminent threat to human lives and property in 1996 or 1997.
Formal consultation or conferencing shall be deferred until
the imminent threat to human lives and property has been
abated. For purposes of this section, the term repair shall
include preventive and remedial measures to restore the
project, facility or structure to remove an imminent threat
to human lives and property.
(b) Reasonable and Prudent Measures.--Any reasonable and
prudent measures specified under section 7 of the Endangered
Species Act (16 U.S.C. 1536) to minimize the impact of an
action taken under this section shall be related both in
nature and extent to the effect of the action taken to repair
the flood control project, facility or structure.
CHAPTER 4
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
ASSISTANCE TO UKRAINE
Sec. 4001. The President may waive the minimum funding
requirements contained in subsection (k) under the heading
``Assistance for the New Independent States of the Former
Soviet Union'' contained in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997, as
included in Public Law 104-208, for activities for the
government of Ukraine funded in that subsection, if he
determines and so reports to the Committees on Appropriations
that the government of Ukraine:
(1) has not made progress toward implementation of
comprehensive economic reform;
(2) is not taking steps to ensure that United States
businesses and individuals are able to operate according to
generally accepted business principles; or
(3) is not taking steps to cease the illegal dumping of
steel plate.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Construction
(including transfer of funds)
For an additional amount for ``Construction'' to repair
damage caused by floods and other natural disasters,
$4,796,000, to remain available until expended, of which
$4,403,000 is to be derived by transfer from unobligated
balances of funds under the heading, ``Oregon and California
Grant Lands'', made available as supplemental appropriations
in Public Law 104-134: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Oregon and California Grant Lands
For an additional amount for ``Oregon and California Grant
Lands'' to repair damage caused by floods and other natural
disasters, $2,694,000, to remain available until expended and
to be derived from unobligated balances of funds under the
heading, ``Oregon and California Grant Lands'', made
available as supplemental appropriations in Public Law 104-
134: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
United States Fish and Wildlife Service
Resource Management
For an additional amount for ``Resource Management'',
$5,300,000, to remain available until expended, for technical
assistance and fish replacement made necessary by floods and
other
[[Page
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natural disasters, for restoration of public lands damaged by
fire, and for payments to private landowners for the
voluntary use of private land to store water in restored
wetlands: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Construction
For an additional amount for ``Construction'', $88,000,000,
to remain available until expended, to repair damage caused
by floods and other natural disasters: Provided, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Land Acquisition
For an additional amount for ``Land Acquisition'',
$10,000,000, to remain available until expended, for
the cost-effective emergency acquisition of land and water
rights necessitated by floods and other natural disasters:
Provided, That the entire amount is designated by Congress
as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
National Park Service
Construction
For an additional amount for ``Construction'' for
emergency expenses resulting from flooding and other natural
disasters, $187,321,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That of this amount,
$30,000,000 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 such Act, is transmitted
by the President to Congress, and upon certification by the
Secretary of the Interior to the President that a specific
amount of such funds is required for (1) repair or
replacement of concession use facilities at Yosemite National
Park if the Secretary determines, after consulting with the
Director of the Office of Management and Budget, that the
repair or replacement of those facilities cannot be postponed
until completion of an agreement with the Yosemite
Concessions Services Corporation or any responsible third
party to satisfy its repair or replacement obligations for
the facilities, or (2) the Federal portion, if any, of the
costs of repair or replacement of such concession use
facilities: Provided further, That nothing herein should be
construed as impairing in any way the rights of the United
States against the Yosemite Concession Services Corporation
or any other party or as relieving the Corporation or any
other party of its obligations to the United States: Provided
further, That prior to any final agreement by the Secretary
with the Corporation or any other party concerning its
obligation to repair or replace concession use facilities,
the Solicitor of the Department of the Interior shall certify
that the agreement fully satisfies the obligations of the
Corporation or third party: Provided further, That nothing
herein, or any payments, repairs, or replacements made by the
Corporation or a third party in fulfillment of the
Corporation's obligations to the United States to repair and
replace damaged facilities, shall create any possessory
interest for the Corporation or such third party in such
repaired or replaced facilities: Provided further, That any
payments made to the United States by the Corporation or a
third party for repair or replacement of concession use
facilities shall be deposited in the General Fund of the
Treasury or, where facilities are repaired or replaced by the
Corporation or any other third party, an equal amount of
appropriations for ``Construction'' shall be rescinded.
For an additional amount for ``Construction'', $10,000,000,
to remain available until expended, to make repairs,
construct facilities, and provide visitor transportation and
for related purposes at Yosemite National Park.
United States Geological Survey
Surveys, Investigations, and Research
For an additional amount for ``Surveys, Investigations, and
Research'', $4,650,000, to remain available until September
30, 1998, to repair or replace damaged equipment and
facilities caused by floods and other natural disasters:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Bureau of Indian Affairs
Operation of Indian Programs
For an additional amount for ``Operation of Indian
Programs'', $14,317,000, to remain available until September
30, 1998, for emergency response activities, including
emergency school operations, heating costs, emergency welfare
assistance, and to repair and replace facilities and
resources damaged by snow, floods, and other natural
disasters: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Construction
For an additional amount for ``Construction'', $6,249,000,
to remain available until expended, to repair damages caused
by floods and other natural disasters: Provided, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That notwithstanding any other
provision of law, funds appropriated herein and in Public Law
104-208 to the Bureau of Indian Affairs for repair of the
Wapato irrigation project shall be made available on a
nonreimbursable basis.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
National Forest System
For an additional amount for ``National Forest System'' for
emergency expenses resulting from flooding and other natural
disasters, $39,677,000, to remain available until expended:
Provided, That the entire amount is designated by Co
Major Actions:
All articles in House section
CONFERENCE REPORT ON H.R. 1469
(House of Representatives - June 04, 1997)
Text of this article available as:
TXT
PDF
[Pages
H3442-H3474]
CONFERENCE REPORT ON
H.R. 1469
Mr. LIVINGSTON submitted the following conference report and
statement on the bill (
H.R. 1469) making emergency supplemental
appropriations for recovery from natural disasters, and for overseas
peacekeeping efforts, including those in Bosnia, for the fiscal year
ending September 30, 1997, and for other purposes:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for recovery from
natural disasters, and for overseas peacekeeping efforts,
including those in Bosnia, for the fiscal year ending
September 30, 1997, 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'',
$306,800,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$7,900,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $300,000: Provided, That such amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $29,100,000: Provided, That such amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
Overseas Contingency Operations Transfer Fund
(Including Transfer Of Funds)
For an additional amount for ``Overseas Contingency
Operations Transfer Fund'', $1,430,100,000: Provided, That
the Secretary of Defense may transfer these funds only to
Department of Defense operation and maintenance accounts:
Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for the
same time period, as the appropriation to which transferred:
Provided further, That the transfer authority provided in
this paragraph is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That such amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
OPLAN 34A/35 P.O.W. Payments
For payments to individuals under section 657 of Public Law
104-201, $20,000,000, to remain available until expended.
REVOLVING AND MANAGEMENT FUNDS
Reserve Mobilization Income Insurance Fund
For an additional amount for the ``Reserve Mobilization
Income Insurance Fund'', $72,000,000, to remain available
until expended: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 1
(TRANSFER OF FUNDS)
Sec. 101. The Secretary of the Navy shall transfer up to
$23,000,000 to ``Operation and Maintenance, Marine Corps''
from the following accounts in the specified amounts, to be
available only for reimbursing costs incurred for repairing
damage caused by hurricanes, flooding, and other natural
disasters during 1996 and 1997 to real property and
facilities at Marine Corps facilities (including Camp
Lejeune, North Carolina; Cherry Point, North Carolina; and
the Mountain Warfare Training Center, Bridgeport,
California);
``Military Personnel, Marine Corps'', $4,000,000;
``Operation and Maintenance, Marine Corps'', $11,000,000;
``Procurement of Ammunition, Navy and Marine Corps, 1996/
1998'', $4,000,000; and
``Procurement, Marine Corps, 1996/1998'', $4,000,000.
Sec. 102. In addition to the amounts appropriated in title
VI of the Department of Defense Appropriations Act, 1997 (as
contained in section 101(b) of Public Law 104-208), under the
heading ``Defense Health Program'', $21,000,000 is hereby
appropriated and made available only for the provision of
direct patient care at military treatment facilities.
Sec. 103. In addition to the amounts appropriated in title
II of the Department of Defense Appropriations Act, 1997 (as
contained in section 101(b) of Public Law 104-208), under the
heading ``Operation and Maintenance, Defense-Wide'',
$10,000,000 is hereby appropriated and made available only
for force protection and counter-terrorism initiatives.
Sec. 104. In addition to the amounts provided in Public Law
104-208, $25,800,000 is appropriated under the heading
``Overseas Humanitarian, Disaster and Civic Aid'': Provided,
That from the funds available under that heading, the
Secretary of Defense shall make a grant in the amount of
$25,800,000 to the American Red Cross for Armed Forces
emergency services.
Sec. 105. Report on Cost and Source of Funds for Military
Activities Relating to Bosnia.--(a) Not later than 60 days
after enactment of this Act, the President shall submit to
Congress the report described in subsection (b).
(b) Report Elements.--The report referred to in subsection
(a) shall include the following:
(1) A detailed description of the estimated cumulative cost
of all United States activities relating to Bosnia after
December 1, 1995, including--
(A) the cost of all deployments, training activities, and
mobilization and other preparatory activities of the Armed
Forces; and
(B) the cost of all other activities relating to United
States policy toward Bosnia, including humanitarian
assistance, reconstruction assistance, aid and other
financial assistance, the rescheduling or forgiveness of
bilateral or multilateral aid, in-kind contributions, and any
other activities of the United States Government.
(2) A detailed accounting of the source of funds obligated
or expended to meet the costs described in paragraph (1),
including--
(A) in the case of expenditures of funds of Department of
Defense, a breakdown of such expenditures by military service
or defense agency, line item, and program; and
(B) in the case of expenditures of funds of other
departments and agencies of the United States, a breakdown of
such expenditures by department or agency and by program.
Sec. 106. For an additional amount for ``Family Housing,
Navy and Marine Corps'' to cover the incremental Operation
and Maintenance costs arising from hurricane damage to family
housing units at Marine Corps Base Camp Lejeune, North
Carolina and Marine Corps Air Station Cherry Point, North
Carolina, $6,480,000, as authorized by 10 U.S.C. 2854.
CHAPTER 2
RESCISSIONS
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $57,000,000 are rescinded.
Military Personnel, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $18,000,000 are rescinded.
Military Personnel, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
Military Personnel, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $23,000,000 are rescinded.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $196,000,000 are rescinded.
Operation and Maintenance, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $51,000,000 are rescinded.
Operation and Maintenance, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $3,000,000 are rescinded.
Operation and Maintenance, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $117,000,000 are rescinded.
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Operation and Maintenance, Defense-Wide
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $25,000,000 are rescinded.
Environmental Restoration, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Defense-Wide
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Formerly Used Defense Sites
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Former Soviet Union Threat Reduction
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $2,000,000 are rescinded.
PROCUREMENT
Aircraft Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $1,085,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $5,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $13,000,000 are rescinded.
Missile Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,707,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $24,000,000 are rescinded.
Procurement of Weapons and Tracked Combat Vehicles, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,296,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $15,400,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
Procurement of Ammunition, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $3,236,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $18,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $11,000,000 are rescinded.
Other Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,502,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $21,000,000 are rescinded.
Aircraft Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $34,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $52,000,000 are rescinded.
Weapons Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $16,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $6,000,000 are rescinded.
Procurement of Ammunition, Navy and Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 103-335, $812,000 are rescinded.
Shipbuilding and Conversion, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 102-396, $10,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 103-139, $18,700,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $33,000,000 are rescinded.
Other Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $4,237,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $3,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $8,000,000 are rescinded.
Procurement, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 103-335, $1,207,000 are rescinded.
Aircraft Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $49,376,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $40,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $41,000,000 are rescinded.
Missile Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $16,020,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $163,000,000 are rescinded.
Procurement of Ammunition, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $7,700,000 are rescinded.
Other Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $3,659,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $10,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $20,000,000 are rescinded.
Procurement, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $8,860,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $16,113,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
National Guard and Reserve Equipment
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $5,029,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $8,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $4,366,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $18,000,000 are rescinded.
Research, Development, Test and Evaluation, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $16,878,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $9,600,000 are rescinded.
Research, Development, Test and Evaluation, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $24,245,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $172,000,000 are rescinded.
Research, Development, Test and Evaluation, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $95,714,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $87,000,000 are rescinded.
Developmental Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $6,692,000 are rescinded.
Operational Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $160,000 are rescinded.
REVOLVING AND MANAGEMENT FUNDS
National Defense Sealift Fund
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $25,200,000 are rescinded.
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OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $21,000,000 are rescinded.
Chemical Agents and Munitions Destruction, Defense
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $456,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $20,652,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $27,000,000 are rescinded.
Drug Interdiction and Counter-Drug Activities, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $2,000,000 are rescinded.
GENERAL PROVISIONS, CHAPTER 2
(RESCISSIONS)
Sec. 201. Of the funds appropriated in the Military
Construction Appropriations Act, 1996 (Public Law 104-32),
amounts are hereby rescinded from the following accounts in
the specified amounts:
``Military Construction, Air National Guard'', $5,000,000;
``Military Construction, Defense-wide'', $41,000,000;
``Base Realignment and Closure Account, Part II'',
$35,391,000;
``Base Realignment and Closure Account, Part III'',
$75,638,000; and
``Base Realignment and Closure Account, Part IV'',
$22,971,000:
Provided, That of the funds appropriated in the Military
Construction Appropriations Act, 1997 (Public Law 104-196),
amounts are hereby rescinded from the following accounts in
the specified amounts:
``Military Construction, Army'', $1,000,000;
``Military Construction, Navy'', $2,000,000;
``Military Construction, Air Force'', $3,000,000; and
``Military Construction, Defense-wide'', $3,000,000.
(RESCISSION)
Sec. 202. Of the funds appropriated for ``Military
Construction, Navy'' under Public Law 103-307, $6,480,000 is
hereby rescinded.
CHAPTER 3
GENERAL PROVISIONS--THIS TITLE
Sec. 301. The Department of Defense is directed to report
to the congressional defense committees 30 days prior to
transferring management, development, and acquisition
authority over the elements of the National Missile Defense
Program from the Military Services: Provided, That the Joint
Requirements Oversight Council is directed to conduct an
analysis and submit recommendations as to the recommended
future roles of the Military Services with respect to
development and deployment of the elements of the National
Missile Defense Program: Provided further, That the analysis
and recommendations shall be submitted to the congressional
defense committees within 60 days of enactment of this Act:
Provided further, That for 60 days following enactment of
this Act, the Department of Defense shall take no actions to
delay or defer planned activities under the National Missile
Defense Program based solely on the conduct of the Joint
Requirements Oversight Council analysis.
Sec. 302. Notwithstanding section 3612(a) of title 22,
United States Code, the incumbent may continue to serve as
the Secretary of Defense designee on the Board of the Panama
Canal Commission if he retires as an officer of the
Department of Defense, until and unless the Secretary of
Defense designates another person to serve in this position.
Sec. 303. Authority of Secretary of Defense to Enter Into
Lease of Building No. 1, Lexington Blue Grass Station,
Lexington, Kentucky.--
(a) Authority to enter into lease.--The Secretary of
Defense may enter into an agreement for the lease of Building
No. 1, Lexington Blue Grass Station, Lexington, Kentucky, and
any real property associated with the building, for purposes
of the use of the building by the Defense Finance and
Accounting Service. The agreement shall meet the requirements
of this section.
(b) Term.--(1) The agreement under this section shall
provide for a lease term of not to exceed 50 years, but may
provide for one or more options to renew or extend the term
of the lease.
(2) The agreement shall include a provision specifying
that, if the Secretary ceases to require the leased building
for purpose of the use of the building by the Defense Finance
and Accounting Service before the expiration of the term of
the lease (including any extension or renewal of the term
under an option provided for in paragraph (1)), the remainder
of the lease term may, upon the approval of the lessor of the
building, be satisfied by the Secretary or another department
or agency of the Federal Government (including a military
department) for another purpose similar to such purpose.
(c) Consideration.--(1) The agreement under this section
may not require rental payments by the United States under
the lease under the agreement.
(2) The Secretary or other lessee, if any, under subsection
(b)(2) shall be responsible under the agreement for payment
of any utilities associated with the lease of the building
covered by the agreement and for maintenance and repair of
the building.
(d) Improvement.--The agreement under this section may
provide for the improvement of the building covered by the
agreement by the Secretary or other lessee, if any, under subsection
(b)(2).
(e) Limitation on certain activities.--The Secretary may
not obligate or expend funds for the costs of any utilities,
maintenance and repair, or improvements under this lease
under this section in any fiscal year unless funds are
appropriated or otherwise made available for the Department
of Defense for such payment in such fiscal year.
Sec. 304. Notwithstanding 31 U.S.C. 1502(a), 31 U.S.C.
1552(a), and 31 U.S.C. 1553(a), funds appropriated in Public
Law 101-511, Public Law 102-396, and Public Law 103-139,
under the heading ``Weapons Procurement, Navy'', that were
obligated and expended to settle claims on the MK-50 torpedo
program may continue to be obligated and expended to settle
those claims.
Sec. 305. None of the funds available to the Department of
Defense in this or any other Act shall be available to pay
the cost of operating a National Missile Defense Joint
Program Office which includes more than 55 military and
civilian personnel located in the National Capital Region.
Sec. 306. Funds obligated by the National Aeronautics and
Space Administration (NASA) in the amount of $61,300,000
during fiscal year 1996, pursuant to the ``Memorandum of
Agreement between the National Aeronautics and Space
Administration and the United States Air Force on Titan IV/
Centaur Launch Support for the Cassini Mission,'' signed
September 8, 1994, and September 23, 1994, and Attachments A,
B, and C to that Memorandum, shall be merged with Air Force
appropriations available for research, development, test and
evaluation and procurement for fiscal year 1996, and shall be
available for the same time period as the appropriation with
which merged, and shall be available for obligation only for
those Titan IV vehicles and Titan IV-related activities under
contract.
Sec. 307. For the purposes of implementing the 1997 Defense
Experimental Program to Stimulate Competitive Research
(DEPSCoR), the term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, Guam and the
Virgin Islands of the United States, American Samoa and the
Commonwealth of the Northern Mariana Islands.
TITLE II--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM
NATURAL DISASTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
For an additional amount for the ``Agricultural Credit
Insurance Fund Program Account'' for the additional cost of
direct and guaranteed loans authorized by 7 U.S.C. 1928-1929,
including the cost of modifying such loans as defined in
section 502 of the Congressional Budget Act of 1974,
resulting from flooding and other natural disasters,
$23,000,000, to remain available until expended, of which
$18,000,000 shall be available for emergency insured loans
and $5,000,000 shall be available for subsidized guaranteed
operating loans: Provided, That the entire amount shall be
available only to the extent that an official budget request
for $23,000,000 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 such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act.
For an additional amount for the ``Agricultural Credit
Insurance Fund Program Account'' for the additional cost of
direct operating loans authorized by 7 U.S.C. 1928-1929,
including the cost of modifying such loans as defined in
section 502 of the Congressional Budget Act of 1974,
$6,300,000, to remain available until expended.
Emergency Conservation Program
For an additional amount for ``Emergency Conservation
Program'' for expenses, including carcass removal, resulting
from flooding and other natural disasters, $70,000,000, to
remain available until expended: Provided, That the entire
amount shall be available only to the extent that an official
budget request for $70,000,000, 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 such amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
TREE ASSISTANCE PROGRAM
An amount of $9,000,000 is provided for assistance to small
orchardists to replace or rehabilitate trees and vineyards
damaged by natural disasters: Provided, That the entire
amount shall be available only to the extent that an official
budget request of $9,000,000, that includes designation of
the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That such amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
Commodity Credit Corporation Fund
DISASTER RESERVE ASSISTANCE PROGRAM
Effective only for losses in the fiscal year beginning
October 1, 1996, through the date of enactment of this Act,
the Secretary may use up to
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$50,000,000 from proceeds earned from the sale of grain in
the disaster reserve established in the Agricultural Act of
1970 to implement a livestock indemnity program for losses
from natural disasters pursuant to a Presidential or
Secretarial declaration requested prior to the date of
enactment of this Act in a manner similar to catastrophic
loss coverage available for other commodities under 7 U.S.C.
1508(b): Provided, That in administering a program described
in the preceding sentence, the Secretary shall, to the extent
practicable, utilize gross income and payment limitations
conditions established for the Disaster Reserve Assistance
Program for the 1996 crop year: Provided further, That
notwithstanding any other provision of law, beginning on
October 1, 1997, grain in the disaster reserve established in
the Agricultural Act of 1970 shall not exceed 20 million
bushels: 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 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)(D)(i)
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, including debris removal that would not be
authorized under the Emergency Watershed Program, resulting
from flooding and other natural disasters, including those in
prior years, $166,000,000, to remain available until
expended: Provided, That the entire amount shall be available
only to the extent an official budget request for
$166,000,000, 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
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act: Provided further, That if the
Secretary determines that the cost of land and farm
structures restoration exceeds the fair market value of an
affected agricultural land, the Secretary may use sufficient
amounts, not to exceed $15,000,000, from funds provided under
this heading to accept bids from willing sellers to provide
floodplain easements for such agricultural land inundated by
floods: Provided further, That none of the funds provided
under this heading shall be used for the salmon memorandum of
understanding.
Rural Housing Service
Rural Housing Insurance Fund Program Account
Rural Housing Assistance Program
Any unobligated balances remaining in the ``Rural Housing
Insurance Fund Program Account'' from prior years' disaster
supplementals shall be available until expended for
Section 502 housing loans, Section 504 loans and grants,
Section 515 loans, and domestic farm labor grants to meet
emergency needs resulting from natural disasters:
Provided, That such unobligated balances 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 in the
Balanced Budget and Emergency Deficit Control Act of 1985
is transmitted by the President to the Congress: Provided
further, That such unobligated balances are designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act: Provided further, That
notwithstanding section 520 of the Housing Act of 1949, as
amended, (42 U.S.C. 1490) the College Station area of
Pulaski County, Arkansas shall be eligible for loans and
grants available through the Rural Housing Service:
Provided further, That funds made available in Public Law
104-180 for Community Facility Grants for the Rural
Housing Assistance Program may be provided to any
community otherwise eligible for a Community Facility Loan
for expenses directly or indirectly resulting from
flooding and other natural disasters.
Rural Utilities Service
Rural Utilities Assistance Program
For an additional amount for ``Rural Utilities Assistance
Program'', for the cost of direct loans, loan guarantees, and
grants, including the cost of modifying loans as defined in
section 502 of the Congressional Budget Act of 1974, for
emergency expenses resulting from flooding and other natural
disasters, $4,000,000, to remain available until September
30, 1998: 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
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Food and Consumer Service
Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC)
For an additional amount for the ``Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC)'' as
authorized by section 17 of the Child
Nutrition Act of 1966, as amended (42 U.S.C. et seq.),
$76,000,000, to remain available through September 30, 1998:
Provided, That the Secretary shall allocate such funds
through the existing formula or, notwithstanding sections 17
(g), (h), or (i) of such Act and the regulations promulgated
thereunder, such other means as the Secretary deems
necessary.
GENERAL PROVISION, CHAPTER 1
SEC. 1001. COLLECTION AND DISSEMINATION OF INFORMATION ON
PRICES RECEIVED FOR BULK CHEESE.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture shall
collect and disseminate, on a weekly basis, statistically
reliable information, obtained from cheese manufacturing
areas in the United States on prices received and terms of
trade involving bulk cheese, including information on the
national average price for bulk cheese sold through spot and
forward contract transactions. To the maximum extent
practicable, the Secretary shall report the prices and terms
of trade for spot and forward contract transactions
separately.
(b) Confidentiality.--All information provided to, or
acquired by, the Secretary under subsection (a) shall be kept
confidential by each officer and employee of the Department
of Agriculture except that general weekly statements may be
issued that are based on the information and that do not
identify the information provided by any person.
(c) Report.--Not later than 150 days after the date of
enactment of this Act, the Secretary shall report to the
Committee on Agriculture, and the Committee on
Appropriations, of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry, and the
Committee on Appropriations, of the Senate, on the rate of
reporting compliance by cheese manufacturers with respect to
the information collected under subsection (a). At the time
of the report, the Secretary may submit legislative
recommendations to improve the rate of reporting compliance.
(d) Termination of Effectiveness.--The authority provided
by subsection (a) terminates effective April 5, 1999.
CHAPTER 2
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development
Assistance Programs'' for emergency infrastructure expenses
and the capitalization of revolving loan funds related to
recent flooding and other natural disasters, $52,200,000, to
remain available until expended, of which not to exceed
$2,000,000 may be available for administrative expenses and
may be transferred to and merged with the appropriations for
``Salaries and Expenses'': Provided, That the entire amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
National Institute of Standards and Technology
industrial technology services
Of the amount provided under this heading in Public Law
104-208 for the Advanced Technology Program, not to exceed
$35,000,000 shall be available for the award of new grants.
National Oceanic and Atmospheric Administration
Operations, Research, and Facilities
Within amounts available for ``Operations, Research, and
Facilities'' for Satellite Observing Systems, not to exceed
$7,000,000 is available until expended to provide disaster
assistance related to recent flooding and red tide pursuant
to section 312(a) of the Magnuson-Stevens Fishery
Conservation and Management Act, and not to exceed $2,000,000
is available until expended to implement the Magnuson-Stevens
Fishery Conservation and Management Act: Provided, That the
entire amount shall be available only to the extent that an
official budget request for $9,000,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to Congress: Provided further,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
such Act.
Construction
For an additional amount for ``Construction'' for emergency
expenses resulting from flooding and other natural disasters,
$10,800,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
RELATED AGENCY
Commission on the Advancement of Federal Law Enforcement
For an additional amount for the operations of the
Commission on the Advancement of Federal Law Enforcement,
$2,000,000, to remain available until expended.
GENERAL PROVISIONS, CHAPTER 2
Sec. 2001. Of the funds currently contained within the
``Counterterrorism Fund'' of the Department of Justice,
$3,000,000 is provided for allocation by the Attorney General
to the appropriate unit or units of government in Ogden,
Utah, for necessary expenses, including enhancements and
upgrade of security and communications infrastructure, to
counter any potential terrorism threat related to the 2002
Winter Olympic games to be held in Utah.
Sec. 2002. Expanding Small Business Participation in
Dredging.--Section 722(a) of the Small Business
Competitiveness Demonstration
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Program Act of 1988 (15 U.S.C. 644 note) is amended by
striking ``September 30, 1996'' and inserting ``September 30,
1997''.
Sec. 2003. Section 101 of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1371) is amended by adding at the end
thereof the following:
``(d) Good Samaritan Exemption.--It shall not be a
violation of this Act to take a marine mammal if--
``(1) such taking is imminently necessary to avoid serious
injury, additional injury, or death to a marine mammal
entangled in fishing gear or debris;
``(2) reasonable care is taken to ensure the safe release
of the marine mammal, taking into consideration the
equipment, expertise, and conditions at hand;
``(3) reasonable care is exercised to prevent any further
injury to the marine mammal; and
``(4) such taking is reported to the Secretary within 48
hours.''.
Sec. 2004. Notwithstanding any other provision of law, the
Secretary of Commerce shall have the authority to reprogram
or transfer up to $41,000,000 of the amounts provided under
``National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities'' for Satellite
Observing Systems in Public Law 104-208 for other
programmatic and operational requirements of the National
Oceanic and Atmospheric Administration and the Department of
Commerce subject to notification of the Committees on
Appropriations of the House of Representatives and the Senate
in accordance with section 605 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1997 and which shall not be
available for obligation or expenditure except in compliance
with the procedure set forth in that section.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
For an additional amount for ``Flood Control, Mississippi
River and Tributaries, Arkansas, Illinois, Kentucky,
Louisiana, Mississippi, Missouri, and Tennessee'' for
emergency expenses due to flooding and other natural
disasters, $20,000,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
operation and maintenance, general
For an additional amount for ``Operation and Maintenance,
General'' for emergency expenses due to flooding and other
natural disasters, $150,000,000, to remain available until
expended: Provided, That of the total amount appropriated,
the amount 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
further, That of the total amount appropriated, $5,000,000
shall be available solely for the Secretary of the Army,
acting through the Chief of Engineers, to pay the costs of
the Corps of Engineers and other Federal agencies associated
with the development of necessary studies, an interagency
management plan, environmental documentation, continued
monitoring, and other activities related to allocations of
water in the Alabama-Coosa-Tallapoosa and Apalachicola-
Chattahoochee-Flint River Basins: Provided further, That no
portion of such $5,000,000 may be used by the Corps of
Engineers to revise its master operational manuals or water
control plans for operation of the reservoirs for the two
river basins until (1) the interstate compacts for the two
river basins are ratified by the Congress by law; and (2) the
water allocation formulas for the two river basins have been
agreed to by the States of Alabama, Georgia, and Florida and
the Federal representative to the compacts: Provided further,
That the preceding proviso shall not apply to the use of such
funds for any environmental reviews necessary for the Federal
representative to approve the water allocation formulas for
the two river basins: Provided further, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
Flood Control and Coastal Emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'' due to flooding and other natural disasters,
$415,000,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That with $5,000,000 of
the funds appropriated herein, the Secretary of the Army is
directed to initiate and complete preconstruction engineering
and design and the associated Environmental Impact Statement
for an emergency outlet from Devils Lake, North Dakota, to
the Sheyenne River: Provided further, That of the funds
appropriated under this paragraph, $5,000,000 shall be used
for the project consisting of channel restoration and
improvements on the James River authorized by section 401(b)
of the Water Resources Development Act of 1986 (Public Law
99-662; 100 Stat. 4128) if the Secretary of the Army
determines that the need for such restoration and
improvements constitutes an emergency.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Operation and Maintenance
For an additional amount for ``Operation and Maintenance'',
$7,355,000, to remain available until expended, to repair
damage caused by floods and other natural disasters:
Provided, That of the total appropriated, the amount for
program activities that can be financed by the Reclamation
Fund shall be derived from that fund: Provided further, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
GENERAL PROVISIONS, CHAPTER 3
Sec. 3001. (a) Beginning in fiscal year 1997 and
thereafter, the United States members and the alternate
members appointed under the Susquehanna River Basin Compact
(Public Law 91-575), and the Delaware River Basin Compact
(Public Law 87-328), shall be officers of the U.S. Army Corps
of Engineers, who hold Presidential appointments as Regular
Army officers with Senate confirmation, and who shall serve
without additional compensation.
(b) Section 2, Reservations, Paragraph (u) of Public Law
91-575 (84 Stat. 1509) and Section 15.1, Reservations,
Paragraph (d) of Public Law 87-328 (75 Stat. 688, 691) are
hereby repealed.
(c) Section 2.2 of Public Law 87-328 (75 Stat. 688, 691) is
amended by striking the words ``during the term of office of
the President'' and inserting the words ``at the pleasure of
the President''.
Sec. 3002. Notwithstanding section 5 of the Reclamation
Safety of Dams Act of 1978, Public Law 95-578, as amended,
the Secretary of the Interior is authorized to obligate up to
$1,200,000 for carrying out actual construction for safety of
dam purposes to modify the Willow Creek Dam, Sun River
Project, Montana.
Sec. 3003. (a) Consultation and Conferencing.--As provided
by regulations issued under the Endangered Species Act (16
U.S.C. 1531 et seq.) for emergency situations, formal
consultation or conferencing under section 7(a)(2) or section
7(a)(4) of the Act for any action authorized, funded or
carried out by any Federal agency to repair a Federal or non-
Federal flood control project, facility or structure may be
deferred by the Federal agency authorizing, funding or
carrying out the action, if the agency determines that the
repair is needed to respond to an emergency causing an
imminent threat to human lives and property in 1996 or 1997.
Formal consultation or conferencing shall be deferred until
the imminent threat to human lives and property has been
abated. For purposes of this section, the term repair shall
include preventive and remedial measures to restore the
project, facility or structure to remove an imminent threat
to human lives and property.
(b) Reasonable and Prudent Measures.--Any reasonable and
prudent measures specified under section 7 of the Endangered
Species Act (16 U.S.C. 1536) to minimize the impact of an
action taken under this section shall be related both in
nature and extent to the effect of the action taken to repair
the flood control project, facility or structure.
CHAPTER 4
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
ASSISTANCE TO UKRAINE
Sec. 4001. The President may waive the minimum funding
requirements contained in subsection (k) under the heading
``Assistance for the New Independent States of the Former
Soviet Union'' contained in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997, as
included in Public Law 104-208, for activities for the
government of Ukraine funded in that subsection, if he
determines and so reports to the Committees on Appropriations
that the government of Ukraine:
(1) has not made progress toward implementation of
comprehensive economic reform;
(2) is not taking steps to ensure that United States
businesses and individuals are able to operate according to
generally accepted business principles; or
(3) is not taking steps to cease the illegal dumping of
steel plate.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Construction
(including transfer of funds)
For an additional amount for ``Construction'' to repair
damage caused by floods and other natural disasters,
$4,796,000, to remain available until expended, of which
$4,403,000 is to be derived by transfer from unobligated
balances of funds under the heading, ``Oregon and California
Grant Lands'', made available as supplemental appropriations
in Public Law 104-134: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Oregon and California Grant Lands
For an additional amount for ``Oregon and California Grant
Lands'' to repair damage caused by floods and other natural
disasters, $2,694,000, to remain available until expended and
to be derived from unobligated balances of funds under the
heading, ``Oregon and California Grant Lands'', made
available as supplemental appropriations in Public Law 104-
134: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
United States Fish and Wildlife Service
Resource Management
For an additional amount for ``Resource Management'',
$5,300,000, to remain available until expended, for technical
assistance and fish replacement made necessary by floods and
other
[[Page
H3447]]
natural disasters, for restoration of public lands damaged by
fire, and for payments to private landowners for the
voluntary use of private land to store water in restored
wetlands: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Construction
For an additional amount for ``Construction'', $88,000,000,
to remain available until expended, to repair damage caused
by floods and other natural disasters: Provided, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Land Acquisition
For an additional amount for ``Land Acquisition'',
$10,000,000, to remain available until expended, for
the cost-effective emergency acquisition of land and water
rights necessitated by floods and other natural disasters:
Provided, That the entire amount is designated by Congress
as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
National Park Service
Construction
For an additional amount for ``Construction'' for
emergency expenses resulting from flooding and other natural
disasters, $187,321,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That of this amount,
$30,000,000 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 such Act, is transmitted
by the President to Congress, and upon certification by the
Secretary of the Interior to the President that a specific
amount of such funds is required for (1) repair or
replacement of concession use facilities at Yosemite National
Park if the Secretary determines, after consulting with the
Director of the Office of Management and Budget, that the
repair or replacement of those facilities cannot be postponed
until completion of an agreement with the Yosemite
Concessions Services Corporation or any responsible third
party to satisfy its repair or replacement obligations for
the facilities, or (2) the Federal portion, if any, of the
costs of repair or replacement of such concession use
facilities: Provided further, That nothing herein should be
construed as impairing in any way the rights of the United
States against the Yosemite Concession Services Corporation
or any other party or as relieving the Corporation or any
other party of its obligations to the United States: Provided
further, That prior to any final agreement by the Secretary
with the Corporation or any other party concerning its
obligation to repair or replace concession use facilities,
the Solicitor of the Department of the Interior shall certify
that the agreement fully satisfies the obligations of the
Corporation or third party: Provided further, That nothing
herein, or any payments, repairs, or replacements made by the
Corporation or a third party in fulfillment of the
Corporation's obligations to the United States to repair and
replace damaged facilities, shall create any possessory
interest for the Corporation or such third party in such
repaired or replaced facilities: Provided further, That any
payments made to the United States by the Corporation or a
third party for repair or replacement of concession use
facilities shall be deposited in the General Fund of the
Treasury or, where facilities are repaired or replaced by the
Corporation or any other third party, an equal amount of
appropriations for ``Construction'' shall be rescinded.
For an additional amount for ``Construction'', $10,000,000,
to remain available until expended, to make repairs,
construct facilities, and provide visitor transportation and
for related purposes at Yosemite National Park.
United States Geological Survey
Surveys, Investigations, and Research
For an additional amount for ``Surveys, Investigations, and
Research'', $4,650,000, to remain available until September
30, 1998, to repair or replace damaged equipment and
facilities caused by floods and other natural disasters:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Bureau of Indian Affairs
Operation of Indian Programs
For an additional amount for ``Operation of Indian
Programs'', $14,317,000, to remain available until September
30, 1998, for emergency response activities, including
emergency school operations, heating costs, emergency welfare
assistance, and to repair and replace facilities and
resources damaged by snow, floods, and other natural
disasters: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Construction
For an additional amount for ``Construction'', $6,249,000,
to remain available until expended, to repair damages caused
by floods and other natural disasters: Provided, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That notwithstanding any other
provision of law, funds appropriated herein and in Public Law
104-208 to the Bureau of Indian Affairs for repair of the
Wapato irrigation project shall be made available on a
nonreimbursable basis.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
National Forest System
For an additional amount for ``National Forest System'' for
emergency expenses resulting from flooding and other natural
disasters, $39,677,000, to remain available until expended:
Provided, That the entire amount is design
Amendments:
Cosponsors:
CONFERENCE REPORT ON H.R. 1469
Sponsor:
Summary:
All articles in House section
CONFERENCE REPORT ON H.R. 1469
(House of Representatives - June 04, 1997)
Text of this article available as:
TXT
PDF
[Pages
H3442-H3474]
CONFERENCE REPORT ON
H.R. 1469
Mr. LIVINGSTON submitted the following conference report and
statement on the bill (
H.R. 1469) making emergency supplemental
appropriations for recovery from natural disasters, and for overseas
peacekeeping efforts, including those in Bosnia, for the fiscal year
ending September 30, 1997, and for other purposes:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for recovery from
natural disasters, and for overseas peacekeeping efforts,
including those in Bosnia, for the fiscal year ending
September 30, 1997, 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'',
$306,800,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$7,900,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $300,000: Provided, That such amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $29,100,000: Provided, That such amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
Overseas Contingency Operations Transfer Fund
(Including Transfer Of Funds)
For an additional amount for ``Overseas Contingency
Operations Transfer Fund'', $1,430,100,000: Provided, That
the Secretary of Defense may transfer these funds only to
Department of Defense operation and maintenance accounts:
Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for the
same time period, as the appropriation to which transferred:
Provided further, That the transfer authority provided in
this paragraph is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That such amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
OPLAN 34A/35 P.O.W. Payments
For payments to individuals under section 657 of Public Law
104-201, $20,000,000, to remain available until expended.
REVOLVING AND MANAGEMENT FUNDS
Reserve Mobilization Income Insurance Fund
For an additional amount for the ``Reserve Mobilization
Income Insurance Fund'', $72,000,000, to remain available
until expended: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 1
(TRANSFER OF FUNDS)
Sec. 101. The Secretary of the Navy shall transfer up to
$23,000,000 to ``Operation and Maintenance, Marine Corps''
from the following accounts in the specified amounts, to be
available only for reimbursing costs incurred for repairing
damage caused by hurricanes, flooding, and other natural
disasters during 1996 and 1997 to real property and
facilities at Marine Corps facilities (including Camp
Lejeune, North Carolina; Cherry Point, North Carolina; and
the Mountain Warfare Training Center, Bridgeport,
California);
``Military Personnel, Marine Corps'', $4,000,000;
``Operation and Maintenance, Marine Corps'', $11,000,000;
``Procurement of Ammunition, Navy and Marine Corps, 1996/
1998'', $4,000,000; and
``Procurement, Marine Corps, 1996/1998'', $4,000,000.
Sec. 102. In addition to the amounts appropriated in title
VI of the Department of Defense Appropriations Act, 1997 (as
contained in section 101(b) of Public Law 104-208), under the
heading ``Defense Health Program'', $21,000,000 is hereby
appropriated and made available only for the provision of
direct patient care at military treatment facilities.
Sec. 103. In addition to the amounts appropriated in title
II of the Department of Defense Appropriations Act, 1997 (as
contained in section 101(b) of Public Law 104-208), under the
heading ``Operation and Maintenance, Defense-Wide'',
$10,000,000 is hereby appropriated and made available only
for force protection and counter-terrorism initiatives.
Sec. 104. In addition to the amounts provided in Public Law
104-208, $25,800,000 is appropriated under the heading
``Overseas Humanitarian, Disaster and Civic Aid'': Provided,
That from the funds available under that heading, the
Secretary of Defense shall make a grant in the amount of
$25,800,000 to the American Red Cross for Armed Forces
emergency services.
Sec. 105. Report on Cost and Source of Funds for Military
Activities Relating to Bosnia.--(a) Not later than 60 days
after enactment of this Act, the President shall submit to
Congress the report described in subsection (b).
(b) Report Elements.--The report referred to in subsection
(a) shall include the following:
(1) A detailed description of the estimated cumulative cost
of all United States activities relating to Bosnia after
December 1, 1995, including--
(A) the cost of all deployments, training activities, and
mobilization and other preparatory activities of the Armed
Forces; and
(B) the cost of all other activities relating to United
States policy toward Bosnia, including humanitarian
assistance, reconstruction assistance, aid and other
financial assistance, the rescheduling or forgiveness of
bilateral or multilateral aid, in-kind contributions, and any
other activities of the United States Government.
(2) A detailed accounting of the source of funds obligated
or expended to meet the costs described in paragraph (1),
including--
(A) in the case of expenditures of funds of Department of
Defense, a breakdown of such expenditures by military service
or defense agency, line item, and program; and
(B) in the case of expenditures of funds of other
departments and agencies of the United States, a breakdown of
such expenditures by department or agency and by program.
Sec. 106. For an additional amount for ``Family Housing,
Navy and Marine Corps'' to cover the incremental Operation
and Maintenance costs arising from hurricane damage to family
housing units at Marine Corps Base Camp Lejeune, North
Carolina and Marine Corps Air Station Cherry Point, North
Carolina, $6,480,000, as authorized by 10 U.S.C. 2854.
CHAPTER 2
RESCISSIONS
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $57,000,000 are rescinded.
Military Personnel, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $18,000,000 are rescinded.
Military Personnel, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
Military Personnel, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $23,000,000 are rescinded.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $196,000,000 are rescinded.
Operation and Maintenance, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $51,000,000 are rescinded.
Operation and Maintenance, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $3,000,000 are rescinded.
Operation and Maintenance, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $117,000,000 are rescinded.
[[Page
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Operation and Maintenance, Defense-Wide
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $25,000,000 are rescinded.
Environmental Restoration, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Defense-Wide
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Formerly Used Defense Sites
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Former Soviet Union Threat Reduction
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $2,000,000 are rescinded.
PROCUREMENT
Aircraft Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $1,085,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $5,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $13,000,000 are rescinded.
Missile Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,707,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $24,000,000 are rescinded.
Procurement of Weapons and Tracked Combat Vehicles, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,296,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $15,400,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
Procurement of Ammunition, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $3,236,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $18,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $11,000,000 are rescinded.
Other Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,502,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $21,000,000 are rescinded.
Aircraft Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $34,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $52,000,000 are rescinded.
Weapons Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $16,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $6,000,000 are rescinded.
Procurement of Ammunition, Navy and Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 103-335, $812,000 are rescinded.
Shipbuilding and Conversion, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 102-396, $10,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 103-139, $18,700,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $33,000,000 are rescinded.
Other Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $4,237,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $3,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $8,000,000 are rescinded.
Procurement, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 103-335, $1,207,000 are rescinded.
Aircraft Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $49,376,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $40,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $41,000,000 are rescinded.
Missile Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $16,020,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $163,000,000 are rescinded.
Procurement of Ammunition, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $7,700,000 are rescinded.
Other Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $3,659,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $10,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $20,000,000 are rescinded.
Procurement, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $8,860,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $16,113,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
National Guard and Reserve Equipment
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $5,029,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $8,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $4,366,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $18,000,000 are rescinded.
Research, Development, Test and Evaluation, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $16,878,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $9,600,000 are rescinded.
Research, Development, Test and Evaluation, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $24,245,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $172,000,000 are rescinded.
Research, Development, Test and Evaluation, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $95,714,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $87,000,000 are rescinded.
Developmental Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $6,692,000 are rescinded.
Operational Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $160,000 are rescinded.
REVOLVING AND MANAGEMENT FUNDS
National Defense Sealift Fund
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $25,200,000 are rescinded.
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OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $21,000,000 are rescinded.
Chemical Agents and Munitions Destruction, Defense
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $456,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $20,652,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $27,000,000 are rescinded.
Drug Interdiction and Counter-Drug Activities, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $2,000,000 are rescinded.
GENERAL PROVISIONS, CHAPTER 2
(RESCISSIONS)
Sec. 201. Of the funds appropriated in the Military
Construction Appropriations Act, 1996 (Public Law 104-32),
amounts are hereby rescinded from the following accounts in
the specified amounts:
``Military Construction, Air National Guard'', $5,000,000;
``Military Construction, Defense-wide'', $41,000,000;
``Base Realignment and Closure Account, Part II'',
$35,391,000;
``Base Realignment and Closure Account, Part III'',
$75,638,000; and
``Base Realignment and Closure Account, Part IV'',
$22,971,000:
Provided, That of the funds appropriated in the Military
Construction Appropriations Act, 1997 (Public Law 104-196),
amounts are hereby rescinded from the following accounts in
the specified amounts:
``Military Construction, Army'', $1,000,000;
``Military Construction, Navy'', $2,000,000;
``Military Construction, Air Force'', $3,000,000; and
``Military Construction, Defense-wide'', $3,000,000.
(RESCISSION)
Sec. 202. Of the funds appropriated for ``Military
Construction, Navy'' under Public Law 103-307, $6,480,000 is
hereby rescinded.
CHAPTER 3
GENERAL PROVISIONS--THIS TITLE
Sec. 301. The Department of Defense is directed to report
to the congressional defense committees 30 days prior to
transferring management, development, and acquisition
authority over the elements of the National Missile Defense
Program from the Military Services: Provided, That the Joint
Requirements Oversight Council is directed to conduct an
analysis and submit recommendations as to the recommended
future roles of the Military Services with respect to
development and deployment of the elements of the National
Missile Defense Program: Provided further, That the analysis
and recommendations shall be submitted to the congressional
defense committees within 60 days of enactment of this Act:
Provided further, That for 60 days following enactment of
this Act, the Department of Defense shall take no actions to
delay or defer planned activities under the National Missile
Defense Program based solely on the conduct of the Joint
Requirements Oversight Council analysis.
Sec. 302. Notwithstanding section 3612(a) of title 22,
United States Code, the incumbent may continue to serve as
the Secretary of Defense designee on the Board of the Panama
Canal Commission if he retires as an officer of the
Department of Defense, until and unless the Secretary of
Defense designates another person to serve in this position.
Sec. 303. Authority of Secretary of Defense to Enter Into
Lease of Building No. 1, Lexington Blue Grass Station,
Lexington, Kentucky.--
(a) Authority to enter into lease.--The Secretary of
Defense may enter into an agreement for the lease of Building
No. 1, Lexington Blue Grass Station, Lexington, Kentucky, and
any real property associated with the building, for purposes
of the use of the building by the Defense Finance and
Accounting Service. The agreement shall meet the requirements
of this section.
(b) Term.--(1) The agreement under this section shall
provide for a lease term of not to exceed 50 years, but may
provide for one or more options to renew or extend the term
of the lease.
(2) The agreement shall include a provision specifying
that, if the Secretary ceases to require the leased building
for purpose of the use of the building by the Defense Finance
and Accounting Service before the expiration of the term of
the lease (including any extension or renewal of the term
under an option provided for in paragraph (1)), the remainder
of the lease term may, upon the approval of the lessor of the
building, be satisfied by the Secretary or another department
or agency of the Federal Government (including a military
department) for another purpose similar to such purpose.
(c) Consideration.--(1) The agreement under this section
may not require rental payments by the United States under
the lease under the agreement.
(2) The Secretary or other lessee, if any, under subsection
(b)(2) shall be responsible under the agreement for payment
of any utilities associated with the lease of the building
covered by the agreement and for maintenance and repair of
the building.
(d) Improvement.--The agreement under this section may
provide for the improvement of the building covered by the
agreement by the Secretary or other lessee, if any, under subsection
(b)(2).
(e) Limitation on certain activities.--The Secretary may
not obligate or expend funds for the costs of any utilities,
maintenance and repair, or improvements under this lease
under this section in any fiscal year unless funds are
appropriated or otherwise made available for the Department
of Defense for such payment in such fiscal year.
Sec. 304. Notwithstanding 31 U.S.C. 1502(a), 31 U.S.C.
1552(a), and 31 U.S.C. 1553(a), funds appropriated in Public
Law 101-511, Public Law 102-396, and Public Law 103-139,
under the heading ``Weapons Procurement, Navy'', that were
obligated and expended to settle claims on the MK-50 torpedo
program may continue to be obligated and expended to settle
those claims.
Sec. 305. None of the funds available to the Department of
Defense in this or any other Act shall be available to pay
the cost of operating a National Missile Defense Joint
Program Office which includes more than 55 military and
civilian personnel located in the National Capital Region.
Sec. 306. Funds obligated by the National Aeronautics and
Space Administration (NASA) in the amount of $61,300,000
during fiscal year 1996, pursuant to the ``Memorandum of
Agreement between the National Aeronautics and Space
Administration and the United States Air Force on Titan IV/
Centaur Launch Support for the Cassini Mission,'' signed
September 8, 1994, and September 23, 1994, and Attachments A,
B, and C to that Memorandum, shall be merged with Air Force
appropriations available for research, development, test and
evaluation and procurement for fiscal year 1996, and shall be
available for the same time period as the appropriation with
which merged, and shall be available for obligation only for
those Titan IV vehicles and Titan IV-related activities under
contract.
Sec. 307. For the purposes of implementing the 1997 Defense
Experimental Program to Stimulate Competitive Research
(DEPSCoR), the term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, Guam and the
Virgin Islands of the United States, American Samoa and the
Commonwealth of the Northern Mariana Islands.
TITLE II--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM
NATURAL DISASTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
For an additional amount for the ``Agricultural Credit
Insurance Fund Program Account'' for the additional cost of
direct and guaranteed loans authorized by 7 U.S.C. 1928-1929,
including the cost of modifying such loans as defined in
section 502 of the Congressional Budget Act of 1974,
resulting from flooding and other natural disasters,
$23,000,000, to remain available until expended, of which
$18,000,000 shall be available for emergency insured loans
and $5,000,000 shall be available for subsidized guaranteed
operating loans: Provided, That the entire amount shall be
available only to the extent that an official budget request
for $23,000,000 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 such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act.
For an additional amount for the ``Agricultural Credit
Insurance Fund Program Account'' for the additional cost of
direct operating loans authorized by 7 U.S.C. 1928-1929,
including the cost of modifying such loans as defined in
section 502 of the Congressional Budget Act of 1974,
$6,300,000, to remain available until expended.
Emergency Conservation Program
For an additional amount for ``Emergency Conservation
Program'' for expenses, including carcass removal, resulting
from flooding and other natural disasters, $70,000,000, to
remain available until expended: Provided, That the entire
amount shall be available only to the extent that an official
budget request for $70,000,000, 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 such amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
TREE ASSISTANCE PROGRAM
An amount of $9,000,000 is provided for assistance to small
orchardists to replace or rehabilitate trees and vineyards
damaged by natural disasters: Provided, That the entire
amount shall be available only to the extent that an official
budget request of $9,000,000, that includes designation of
the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That such amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
Commodity Credit Corporation Fund
DISASTER RESERVE ASSISTANCE PROGRAM
Effective only for losses in the fiscal year beginning
October 1, 1996, through the date of enactment of this Act,
the Secretary may use up to
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$50,000,000 from proceeds earned from the sale of grain in
the disaster reserve established in the Agricultural Act of
1970 to implement a livestock indemnity program for losses
from natural disasters pursuant to a Presidential or
Secretarial declaration requested prior to the date of
enactment of this Act in a manner similar to catastrophic
loss coverage available for other commodities under 7 U.S.C.
1508(b): Provided, That in administering a program described
in the preceding sentence, the Secretary shall, to the extent
practicable, utilize gross income and payment limitations
conditions established for the Disaster Reserve Assistance
Program for the 1996 crop year: Provided further, That
notwithstanding any other provision of law, beginning on
October 1, 1997, grain in the disaster reserve established in
the Agricultural Act of 1970 shall not exceed 20 million
bushels: 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 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)(D)(i)
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, including debris removal that would not be
authorized under the Emergency Watershed Program, resulting
from flooding and other natural disasters, including those in
prior years, $166,000,000, to remain available until
expended: Provided, That the entire amount shall be available
only to the extent an official budget request for
$166,000,000, 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
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act: Provided further, That if the
Secretary determines that the cost of land and farm
structures restoration exceeds the fair market value of an
affected agricultural land, the Secretary may use sufficient
amounts, not to exceed $15,000,000, from funds provided under
this heading to accept bids from willing sellers to provide
floodplain easements for such agricultural land inundated by
floods: Provided further, That none of the funds provided
under this heading shall be used for the salmon memorandum of
understanding.
Rural Housing Service
Rural Housing Insurance Fund Program Account
Rural Housing Assistance Program
Any unobligated balances remaining in the ``Rural Housing
Insurance Fund Program Account'' from prior years' disaster
supplementals shall be available until expended for
Section 502 housing loans, Section 504 loans and grants,
Section 515 loans, and domestic farm labor grants to meet
emergency needs resulting from natural disasters:
Provided, That such unobligated balances 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 in the
Balanced Budget and Emergency Deficit Control Act of 1985
is transmitted by the President to the Congress: Provided
further, That such unobligated balances are designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act: Provided further, That
notwithstanding section 520 of the Housing Act of 1949, as
amended, (42 U.S.C. 1490) the College Station area of
Pulaski County, Arkansas shall be eligible for loans and
grants available through the Rural Housing Service:
Provided further, That funds made available in Public Law
104-180 for Community Facility Grants for the Rural
Housing Assistance Program may be provided to any
community otherwise eligible for a Community Facility Loan
for expenses directly or indirectly resulting from
flooding and other natural disasters.
Rural Utilities Service
Rural Utilities Assistance Program
For an additional amount for ``Rural Utilities Assistance
Program'', for the cost of direct loans, loan guarantees, and
grants, including the cost of modifying loans as defined in
section 502 of the Congressional Budget Act of 1974, for
emergency expenses resulting from flooding and other natural
disasters, $4,000,000, to remain available until September
30, 1998: 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
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Food and Consumer Service
Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC)
For an additional amount for the ``Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC)'' as
authorized by section 17 of the Child
Nutrition Act of 1966, as amended (42 U.S.C. et seq.),
$76,000,000, to remain available through September 30, 1998:
Provided, That the Secretary shall allocate such funds
through the existing formula or, notwithstanding sections 17
(g), (h), or (i) of such Act and the regulations promulgated
thereunder, such other means as the Secretary deems
necessary.
GENERAL PROVISION, CHAPTER 1
SEC. 1001. COLLECTION AND DISSEMINATION OF INFORMATION ON
PRICES RECEIVED FOR BULK CHEESE.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture shall
collect and disseminate, on a weekly basis, statistically
reliable information, obtained from cheese manufacturing
areas in the United States on prices received and terms of
trade involving bulk cheese, including information on the
national average price for bulk cheese sold through spot and
forward contract transactions. To the maximum extent
practicable, the Secretary shall report the prices and terms
of trade for spot and forward contract transactions
separately.
(b) Confidentiality.--All information provided to, or
acquired by, the Secretary under subsection (a) shall be kept
confidential by each officer and employee of the Department
of Agriculture except that general weekly statements may be
issued that are based on the information and that do not
identify the information provided by any person.
(c) Report.--Not later than 150 days after the date of
enactment of this Act, the Secretary shall report to the
Committee on Agriculture, and the Committee on
Appropriations, of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry, and the
Committee on Appropriations, of the Senate, on the rate of
reporting compliance by cheese manufacturers with respect to
the information collected under subsection (a). At the time
of the report, the Secretary may submit legislative
recommendations to improve the rate of reporting compliance.
(d) Termination of Effectiveness.--The authority provided
by subsection (a) terminates effective April 5, 1999.
CHAPTER 2
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development
Assistance Programs'' for emergency infrastructure expenses
and the capitalization of revolving loan funds related to
recent flooding and other natural disasters, $52,200,000, to
remain available until expended, of which not to exceed
$2,000,000 may be available for administrative expenses and
may be transferred to and merged with the appropriations for
``Salaries and Expenses'': Provided, That the entire amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
National Institute of Standards and Technology
industrial technology services
Of the amount provided under this heading in Public Law
104-208 for the Advanced Technology Program, not to exceed
$35,000,000 shall be available for the award of new grants.
National Oceanic and Atmospheric Administration
Operations, Research, and Facilities
Within amounts available for ``Operations, Research, and
Facilities'' for Satellite Observing Systems, not to exceed
$7,000,000 is available until expended to provide disaster
assistance related to recent flooding and red tide pursuant
to section 312(a) of the Magnuson-Stevens Fishery
Conservation and Management Act, and not to exceed $2,000,000
is available until expended to implement the Magnuson-Stevens
Fishery Conservation and Management Act: Provided, That the
entire amount shall be available only to the extent that an
official budget request for $9,000,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to Congress: Provided further,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
such Act.
Construction
For an additional amount for ``Construction'' for emergency
expenses resulting from flooding and other natural disasters,
$10,800,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
RELATED AGENCY
Commission on the Advancement of Federal Law Enforcement
For an additional amount for the operations of the
Commission on the Advancement of Federal Law Enforcement,
$2,000,000, to remain available until expended.
GENERAL PROVISIONS, CHAPTER 2
Sec. 2001. Of the funds currently contained within the
``Counterterrorism Fund'' of the Department of Justice,
$3,000,000 is provided for allocation by the Attorney General
to the appropriate unit or units of government in Ogden,
Utah, for necessary expenses, including enhancements and
upgrade of security and communications infrastructure, to
counter any potential terrorism threat related to the 2002
Winter Olympic games to be held in Utah.
Sec. 2002. Expanding Small Business Participation in
Dredging.--Section 722(a) of the Small Business
Competitiveness Demonstration
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Program Act of 1988 (15 U.S.C. 644 note) is amended by
striking ``September 30, 1996'' and inserting ``September 30,
1997''.
Sec. 2003. Section 101 of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1371) is amended by adding at the end
thereof the following:
``(d) Good Samaritan Exemption.--It shall not be a
violation of this Act to take a marine mammal if--
``(1) such taking is imminently necessary to avoid serious
injury, additional injury, or death to a marine mammal
entangled in fishing gear or debris;
``(2) reasonable care is taken to ensure the safe release
of the marine mammal, taking into consideration the
equipment, expertise, and conditions at hand;
``(3) reasonable care is exercised to prevent any further
injury to the marine mammal; and
``(4) such taking is reported to the Secretary within 48
hours.''.
Sec. 2004. Notwithstanding any other provision of law, the
Secretary of Commerce shall have the authority to reprogram
or transfer up to $41,000,000 of the amounts provided under
``National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities'' for Satellite
Observing Systems in Public Law 104-208 for other
programmatic and operational requirements of the National
Oceanic and Atmospheric Administration and the Department of
Commerce subject to notification of the Committees on
Appropriations of the House of Representatives and the Senate
in accordance with section 605 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1997 and which shall not be
available for obligation or expenditure except in compliance
with the procedure set forth in that section.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
For an additional amount for ``Flood Control, Mississippi
River and Tributaries, Arkansas, Illinois, Kentucky,
Louisiana, Mississippi, Missouri, and Tennessee'' for
emergency expenses due to flooding and other natural
disasters, $20,000,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
operation and maintenance, general
For an additional amount for ``Operation and Maintenance,
General'' for emergency expenses due to flooding and other
natural disasters, $150,000,000, to remain available until
expended: Provided, That of the total amount appropriated,
the amount 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
further, That of the total amount appropriated, $5,000,000
shall be available solely for the Secretary of the Army,
acting through the Chief of Engineers, to pay the costs of
the Corps of Engineers and other Federal agencies associated
with the development of necessary studies, an interagency
management plan, environmental documentation, continued
monitoring, and other activities related to allocations of
water in the Alabama-Coosa-Tallapoosa and Apalachicola-
Chattahoochee-Flint River Basins: Provided further, That no
portion of such $5,000,000 may be used by the Corps of
Engineers to revise its master operational manuals or water
control plans for operation of the reservoirs for the two
river basins until (1) the interstate compacts for the two
river basins are ratified by the Congress by law; and (2) the
water allocation formulas for the two river basins have been
agreed to by the States of Alabama, Georgia, and Florida and
the Federal representative to the compacts: Provided further,
That the preceding proviso shall not apply to the use of such
funds for any environmental reviews necessary for the Federal
representative to approve the water allocation formulas for
the two river basins: Provided further, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
Flood Control and Coastal Emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'' due to flooding and other natural disasters,
$415,000,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That with $5,000,000 of
the funds appropriated herein, the Secretary of the Army is
directed to initiate and complete preconstruction engineering
and design and the associated Environmental Impact Statement
for an emergency outlet from Devils Lake, North Dakota, to
the Sheyenne River: Provided further, That of the funds
appropriated under this paragraph, $5,000,000 shall be used
for the project consisting of channel restoration and
improvements on the James River authorized by section 401(b)
of the Water Resources Development Act of 1986 (Public Law
99-662; 100 Stat. 4128) if the Secretary of the Army
determines that the need for such restoration and
improvements constitutes an emergency.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Operation and Maintenance
For an additional amount for ``Operation and Maintenance'',
$7,355,000, to remain available until expended, to repair
damage caused by floods and other natural disasters:
Provided, That of the total appropriated, the amount for
program activities that can be financed by the Reclamation
Fund shall be derived from that fund: Provided further, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
GENERAL PROVISIONS, CHAPTER 3
Sec. 3001. (a) Beginning in fiscal year 1997 and
thereafter, the United States members and the alternate
members appointed under the Susquehanna River Basin Compact
(Public Law 91-575), and the Delaware River Basin Compact
(Public Law 87-328), shall be officers of the U.S. Army Corps
of Engineers, who hold Presidential appointments as Regular
Army officers with Senate confirmation, and who shall serve
without additional compensation.
(b) Section 2, Reservations, Paragraph (u) of Public Law
91-575 (84 Stat. 1509) and Section 15.1, Reservations,
Paragraph (d) of Public Law 87-328 (75 Stat. 688, 691) are
hereby repealed.
(c) Section 2.2 of Public Law 87-328 (75 Stat. 688, 691) is
amended by striking the words ``during the term of office of
the President'' and inserting the words ``at the pleasure of
the President''.
Sec. 3002. Notwithstanding section 5 of the Reclamation
Safety of Dams Act of 1978, Public Law 95-578, as amended,
the Secretary of the Interior is authorized to obligate up to
$1,200,000 for carrying out actual construction for safety of
dam purposes to modify the Willow Creek Dam, Sun River
Project, Montana.
Sec. 3003. (a) Consultation and Conferencing.--As provided
by regulations issued under the Endangered Species Act (16
U.S.C. 1531 et seq.) for emergency situations, formal
consultation or conferencing under section 7(a)(2) or section
7(a)(4) of the Act for any action authorized, funded or
carried out by any Federal agency to repair a Federal or non-
Federal flood control project, facility or structure may be
deferred by the Federal agency authorizing, funding or
carrying out the action, if the agency determines that the
repair is needed to respond to an emergency causing an
imminent threat to human lives and property in 1996 or 1997.
Formal consultation or conferencing shall be deferred until
the imminent threat to human lives and property has been
abated. For purposes of this section, the term repair shall
include preventive and remedial measures to restore the
project, facility or structure to remove an imminent threat
to human lives and property.
(b) Reasonable and Prudent Measures.--Any reasonable and
prudent measures specified under section 7 of the Endangered
Species Act (16 U.S.C. 1536) to minimize the impact of an
action taken under this section shall be related both in
nature and extent to the effect of the action taken to repair
the flood control project, facility or structure.
CHAPTER 4
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
ASSISTANCE TO UKRAINE
Sec. 4001. The President may waive the minimum funding
requirements contained in subsection (k) under the heading
``Assistance for the New Independent States of the Former
Soviet Union'' contained in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997, as
included in Public Law 104-208, for activities for the
government of Ukraine funded in that subsection, if he
determines and so reports to the Committees on Appropriations
that the government of Ukraine:
(1) has not made progress toward implementation of
comprehensive economic reform;
(2) is not taking steps to ensure that United States
businesses and individuals are able to operate according to
generally accepted business principles; or
(3) is not taking steps to cease the illegal dumping of
steel plate.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Construction
(including transfer of funds)
For an additional amount for ``Construction'' to repair
damage caused by floods and other natural disasters,
$4,796,000, to remain available until expended, of which
$4,403,000 is to be derived by transfer from unobligated
balances of funds under the heading, ``Oregon and California
Grant Lands'', made available as supplemental appropriations
in Public Law 104-134: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Oregon and California Grant Lands
For an additional amount for ``Oregon and California Grant
Lands'' to repair damage caused by floods and other natural
disasters, $2,694,000, to remain available until expended and
to be derived from unobligated balances of funds under the
heading, ``Oregon and California Grant Lands'', made
available as supplemental appropriations in Public Law 104-
134: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
United States Fish and Wildlife Service
Resource Management
For an additional amount for ``Resource Management'',
$5,300,000, to remain available until expended, for technical
assistance and fish replacement made necessary by floods and
other
[[Page
H3447]]
natural disasters, for restoration of public lands damaged by
fire, and for payments to private landowners for the
voluntary use of private land to store water in restored
wetlands: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Construction
For an additional amount for ``Construction'', $88,000,000,
to remain available until expended, to repair damage caused
by floods and other natural disasters: Provided, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Land Acquisition
For an additional amount for ``Land Acquisition'',
$10,000,000, to remain available until expended, for
the cost-effective emergency acquisition of land and water
rights necessitated by floods and other natural disasters:
Provided, That the entire amount is designated by Congress
as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
National Park Service
Construction
For an additional amount for ``Construction'' for
emergency expenses resulting from flooding and other natural
disasters, $187,321,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That of this amount,
$30,000,000 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 such Act, is transmitted
by the President to Congress, and upon certification by the
Secretary of the Interior to the President that a specific
amount of such funds is required for (1) repair or
replacement of concession use facilities at Yosemite National
Park if the Secretary determines, after consulting with the
Director of the Office of Management and Budget, that the
repair or replacement of those facilities cannot be postponed
until completion of an agreement with the Yosemite
Concessions Services Corporation or any responsible third
party to satisfy its repair or replacement obligations for
the facilities, or (2) the Federal portion, if any, of the
costs of repair or replacement of such concession use
facilities: Provided further, That nothing herein should be
construed as impairing in any way the rights of the United
States against the Yosemite Concession Services Corporation
or any other party or as relieving the Corporation or any
other party of its obligations to the United States: Provided
further, That prior to any final agreement by the Secretary
with the Corporation or any other party concerning its
obligation to repair or replace concession use facilities,
the Solicitor of the Department of the Interior shall certify
that the agreement fully satisfies the obligations of the
Corporation or third party: Provided further, That nothing
herein, or any payments, repairs, or replacements made by the
Corporation or a third party in fulfillment of the
Corporation's obligations to the United States to repair and
replace damaged facilities, shall create any possessory
interest for the Corporation or such third party in such
repaired or replaced facilities: Provided further, That any
payments made to the United States by the Corporation or a
third party for repair or replacement of concession use
facilities shall be deposited in the General Fund of the
Treasury or, where facilities are repaired or replaced by the
Corporation or any other third party, an equal amount of
appropriations for ``Construction'' shall be rescinded.
For an additional amount for ``Construction'', $10,000,000,
to remain available until expended, to make repairs,
construct facilities, and provide visitor transportation and
for related purposes at Yosemite National Park.
United States Geological Survey
Surveys, Investigations, and Research
For an additional amount for ``Surveys, Investigations, and
Research'', $4,650,000, to remain available until September
30, 1998, to repair or replace damaged equipment and
facilities caused by floods and other natural disasters:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Bureau of Indian Affairs
Operation of Indian Programs
For an additional amount for ``Operation of Indian
Programs'', $14,317,000, to remain available until September
30, 1998, for emergency response activities, including
emergency school operations, heating costs, emergency welfare
assistance, and to repair and replace facilities and
resources damaged by snow, floods, and other natural
disasters: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Construction
For an additional amount for ``Construction'', $6,249,000,
to remain available until expended, to repair damages caused
by floods and other natural disasters: Provided, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That notwithstanding any other
provision of law, funds appropriated herein and in Public Law
104-208 to the Bureau of Indian Affairs for repair of the
Wapato irrigation project shall be made available on a
nonreimbursable basis.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
National Forest System
For an additional amount for ``National Forest System'' for
emergency expenses resulting from flooding and other natural
disasters, $39,677,000, to remain available until expended:
Provided, That the entire amount is designated by Co
Major Actions:
All articles in House section
CONFERENCE REPORT ON H.R. 1469
(House of Representatives - June 04, 1997)
Text of this article available as:
TXT
PDF
[Pages
H3442-H3474]
CONFERENCE REPORT ON
H.R. 1469
Mr. LIVINGSTON submitted the following conference report and
statement on the bill (
H.R. 1469) making emergency supplemental
appropriations for recovery from natural disasters, and for overseas
peacekeeping efforts, including those in Bosnia, for the fiscal year
ending September 30, 1997, and for other purposes:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for recovery from
natural disasters, and for overseas peacekeeping efforts,
including those in Bosnia, for the fiscal year ending
September 30, 1997, 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'',
$306,800,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$7,900,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $300,000: Provided, That such amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $29,100,000: Provided, That such amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
Overseas Contingency Operations Transfer Fund
(Including Transfer Of Funds)
For an additional amount for ``Overseas Contingency
Operations Transfer Fund'', $1,430,100,000: Provided, That
the Secretary of Defense may transfer these funds only to
Department of Defense operation and maintenance accounts:
Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for the
same time period, as the appropriation to which transferred:
Provided further, That the transfer authority provided in
this paragraph is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That such amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
OPLAN 34A/35 P.O.W. Payments
For payments to individuals under section 657 of Public Law
104-201, $20,000,000, to remain available until expended.
REVOLVING AND MANAGEMENT FUNDS
Reserve Mobilization Income Insurance Fund
For an additional amount for the ``Reserve Mobilization
Income Insurance Fund'', $72,000,000, to remain available
until expended: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 1
(TRANSFER OF FUNDS)
Sec. 101. The Secretary of the Navy shall transfer up to
$23,000,000 to ``Operation and Maintenance, Marine Corps''
from the following accounts in the specified amounts, to be
available only for reimbursing costs incurred for repairing
damage caused by hurricanes, flooding, and other natural
disasters during 1996 and 1997 to real property and
facilities at Marine Corps facilities (including Camp
Lejeune, North Carolina; Cherry Point, North Carolina; and
the Mountain Warfare Training Center, Bridgeport,
California);
``Military Personnel, Marine Corps'', $4,000,000;
``Operation and Maintenance, Marine Corps'', $11,000,000;
``Procurement of Ammunition, Navy and Marine Corps, 1996/
1998'', $4,000,000; and
``Procurement, Marine Corps, 1996/1998'', $4,000,000.
Sec. 102. In addition to the amounts appropriated in title
VI of the Department of Defense Appropriations Act, 1997 (as
contained in section 101(b) of Public Law 104-208), under the
heading ``Defense Health Program'', $21,000,000 is hereby
appropriated and made available only for the provision of
direct patient care at military treatment facilities.
Sec. 103. In addition to the amounts appropriated in title
II of the Department of Defense Appropriations Act, 1997 (as
contained in section 101(b) of Public Law 104-208), under the
heading ``Operation and Maintenance, Defense-Wide'',
$10,000,000 is hereby appropriated and made available only
for force protection and counter-terrorism initiatives.
Sec. 104. In addition to the amounts provided in Public Law
104-208, $25,800,000 is appropriated under the heading
``Overseas Humanitarian, Disaster and Civic Aid'': Provided,
That from the funds available under that heading, the
Secretary of Defense shall make a grant in the amount of
$25,800,000 to the American Red Cross for Armed Forces
emergency services.
Sec. 105. Report on Cost and Source of Funds for Military
Activities Relating to Bosnia.--(a) Not later than 60 days
after enactment of this Act, the President shall submit to
Congress the report described in subsection (b).
(b) Report Elements.--The report referred to in subsection
(a) shall include the following:
(1) A detailed description of the estimated cumulative cost
of all United States activities relating to Bosnia after
December 1, 1995, including--
(A) the cost of all deployments, training activities, and
mobilization and other preparatory activities of the Armed
Forces; and
(B) the cost of all other activities relating to United
States policy toward Bosnia, including humanitarian
assistance, reconstruction assistance, aid and other
financial assistance, the rescheduling or forgiveness of
bilateral or multilateral aid, in-kind contributions, and any
other activities of the United States Government.
(2) A detailed accounting of the source of funds obligated
or expended to meet the costs described in paragraph (1),
including--
(A) in the case of expenditures of funds of Department of
Defense, a breakdown of such expenditures by military service
or defense agency, line item, and program; and
(B) in the case of expenditures of funds of other
departments and agencies of the United States, a breakdown of
such expenditures by department or agency and by program.
Sec. 106. For an additional amount for ``Family Housing,
Navy and Marine Corps'' to cover the incremental Operation
and Maintenance costs arising from hurricane damage to family
housing units at Marine Corps Base Camp Lejeune, North
Carolina and Marine Corps Air Station Cherry Point, North
Carolina, $6,480,000, as authorized by 10 U.S.C. 2854.
CHAPTER 2
RESCISSIONS
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $57,000,000 are rescinded.
Military Personnel, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $18,000,000 are rescinded.
Military Personnel, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
Military Personnel, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $23,000,000 are rescinded.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $196,000,000 are rescinded.
Operation and Maintenance, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $51,000,000 are rescinded.
Operation and Maintenance, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $3,000,000 are rescinded.
Operation and Maintenance, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $117,000,000 are rescinded.
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Operation and Maintenance, Defense-Wide
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $25,000,000 are rescinded.
Environmental Restoration, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Defense-Wide
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Formerly Used Defense Sites
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Former Soviet Union Threat Reduction
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $2,000,000 are rescinded.
PROCUREMENT
Aircraft Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $1,085,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $5,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $13,000,000 are rescinded.
Missile Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,707,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $24,000,000 are rescinded.
Procurement of Weapons and Tracked Combat Vehicles, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,296,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $15,400,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
Procurement of Ammunition, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $3,236,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $18,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $11,000,000 are rescinded.
Other Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,502,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $21,000,000 are rescinded.
Aircraft Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $34,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $52,000,000 are rescinded.
Weapons Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $16,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $6,000,000 are rescinded.
Procurement of Ammunition, Navy and Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 103-335, $812,000 are rescinded.
Shipbuilding and Conversion, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 102-396, $10,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 103-139, $18,700,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $33,000,000 are rescinded.
Other Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $4,237,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $3,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $8,000,000 are rescinded.
Procurement, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 103-335, $1,207,000 are rescinded.
Aircraft Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $49,376,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $40,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $41,000,000 are rescinded.
Missile Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $16,020,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $163,000,000 are rescinded.
Procurement of Ammunition, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $7,700,000 are rescinded.
Other Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $3,659,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $10,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $20,000,000 are rescinded.
Procurement, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $8,860,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $16,113,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
National Guard and Reserve Equipment
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $5,029,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $8,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $4,366,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $18,000,000 are rescinded.
Research, Development, Test and Evaluation, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $16,878,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $9,600,000 are rescinded.
Research, Development, Test and Evaluation, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $24,245,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $172,000,000 are rescinded.
Research, Development, Test and Evaluation, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $95,714,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $87,000,000 are rescinded.
Developmental Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $6,692,000 are rescinded.
Operational Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $160,000 are rescinded.
REVOLVING AND MANAGEMENT FUNDS
National Defense Sealift Fund
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $25,200,000 are rescinded.
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OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $21,000,000 are rescinded.
Chemical Agents and Munitions Destruction, Defense
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $456,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $20,652,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $27,000,000 are rescinded.
Drug Interdiction and Counter-Drug Activities, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $2,000,000 are rescinded.
GENERAL PROVISIONS, CHAPTER 2
(RESCISSIONS)
Sec. 201. Of the funds appropriated in the Military
Construction Appropriations Act, 1996 (Public Law 104-32),
amounts are hereby rescinded from the following accounts in
the specified amounts:
``Military Construction, Air National Guard'', $5,000,000;
``Military Construction, Defense-wide'', $41,000,000;
``Base Realignment and Closure Account, Part II'',
$35,391,000;
``Base Realignment and Closure Account, Part III'',
$75,638,000; and
``Base Realignment and Closure Account, Part IV'',
$22,971,000:
Provided, That of the funds appropriated in the Military
Construction Appropriations Act, 1997 (Public Law 104-196),
amounts are hereby rescinded from the following accounts in
the specified amounts:
``Military Construction, Army'', $1,000,000;
``Military Construction, Navy'', $2,000,000;
``Military Construction, Air Force'', $3,000,000; and
``Military Construction, Defense-wide'', $3,000,000.
(RESCISSION)
Sec. 202. Of the funds appropriated for ``Military
Construction, Navy'' under Public Law 103-307, $6,480,000 is
hereby rescinded.
CHAPTER 3
GENERAL PROVISIONS--THIS TITLE
Sec. 301. The Department of Defense is directed to report
to the congressional defense committees 30 days prior to
transferring management, development, and acquisition
authority over the elements of the National Missile Defense
Program from the Military Services: Provided, That the Joint
Requirements Oversight Council is directed to conduct an
analysis and submit recommendations as to the recommended
future roles of the Military Services with respect to
development and deployment of the elements of the National
Missile Defense Program: Provided further, That the analysis
and recommendations shall be submitted to the congressional
defense committees within 60 days of enactment of this Act:
Provided further, That for 60 days following enactment of
this Act, the Department of Defense shall take no actions to
delay or defer planned activities under the National Missile
Defense Program based solely on the conduct of the Joint
Requirements Oversight Council analysis.
Sec. 302. Notwithstanding section 3612(a) of title 22,
United States Code, the incumbent may continue to serve as
the Secretary of Defense designee on the Board of the Panama
Canal Commission if he retires as an officer of the
Department of Defense, until and unless the Secretary of
Defense designates another person to serve in this position.
Sec. 303. Authority of Secretary of Defense to Enter Into
Lease of Building No. 1, Lexington Blue Grass Station,
Lexington, Kentucky.--
(a) Authority to enter into lease.--The Secretary of
Defense may enter into an agreement for the lease of Building
No. 1, Lexington Blue Grass Station, Lexington, Kentucky, and
any real property associated with the building, for purposes
of the use of the building by the Defense Finance and
Accounting Service. The agreement shall meet the requirements
of this section.
(b) Term.--(1) The agreement under this section shall
provide for a lease term of not to exceed 50 years, but may
provide for one or more options to renew or extend the term
of the lease.
(2) The agreement shall include a provision specifying
that, if the Secretary ceases to require the leased building
for purpose of the use of the building by the Defense Finance
and Accounting Service before the expiration of the term of
the lease (including any extension or renewal of the term
under an option provided for in paragraph (1)), the remainder
of the lease term may, upon the approval of the lessor of the
building, be satisfied by the Secretary or another department
or agency of the Federal Government (including a military
department) for another purpose similar to such purpose.
(c) Consideration.--(1) The agreement under this section
may not require rental payments by the United States under
the lease under the agreement.
(2) The Secretary or other lessee, if any, under subsection
(b)(2) shall be responsible under the agreement for payment
of any utilities associated with the lease of the building
covered by the agreement and for maintenance and repair of
the building.
(d) Improvement.--The agreement under this section may
provide for the improvement of the building covered by the
agreement by the Secretary or other lessee, if any, under subsection
(b)(2).
(e) Limitation on certain activities.--The Secretary may
not obligate or expend funds for the costs of any utilities,
maintenance and repair, or improvements under this lease
under this section in any fiscal year unless funds are
appropriated or otherwise made available for the Department
of Defense for such payment in such fiscal year.
Sec. 304. Notwithstanding 31 U.S.C. 1502(a), 31 U.S.C.
1552(a), and 31 U.S.C. 1553(a), funds appropriated in Public
Law 101-511, Public Law 102-396, and Public Law 103-139,
under the heading ``Weapons Procurement, Navy'', that were
obligated and expended to settle claims on the MK-50 torpedo
program may continue to be obligated and expended to settle
those claims.
Sec. 305. None of the funds available to the Department of
Defense in this or any other Act shall be available to pay
the cost of operating a National Missile Defense Joint
Program Office which includes more than 55 military and
civilian personnel located in the National Capital Region.
Sec. 306. Funds obligated by the National Aeronautics and
Space Administration (NASA) in the amount of $61,300,000
during fiscal year 1996, pursuant to the ``Memorandum of
Agreement between the National Aeronautics and Space
Administration and the United States Air Force on Titan IV/
Centaur Launch Support for the Cassini Mission,'' signed
September 8, 1994, and September 23, 1994, and Attachments A,
B, and C to that Memorandum, shall be merged with Air Force
appropriations available for research, development, test and
evaluation and procurement for fiscal year 1996, and shall be
available for the same time period as the appropriation with
which merged, and shall be available for obligation only for
those Titan IV vehicles and Titan IV-related activities under
contract.
Sec. 307. For the purposes of implementing the 1997 Defense
Experimental Program to Stimulate Competitive Research
(DEPSCoR), the term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, Guam and the
Virgin Islands of the United States, American Samoa and the
Commonwealth of the Northern Mariana Islands.
TITLE II--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM
NATURAL DISASTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
For an additional amount for the ``Agricultural Credit
Insurance Fund Program Account'' for the additional cost of
direct and guaranteed loans authorized by 7 U.S.C. 1928-1929,
including the cost of modifying such loans as defined in
section 502 of the Congressional Budget Act of 1974,
resulting from flooding and other natural disasters,
$23,000,000, to remain available until expended, of which
$18,000,000 shall be available for emergency insured loans
and $5,000,000 shall be available for subsidized guaranteed
operating loans: Provided, That the entire amount shall be
available only to the extent that an official budget request
for $23,000,000 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 such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act.
For an additional amount for the ``Agricultural Credit
Insurance Fund Program Account'' for the additional cost of
direct operating loans authorized by 7 U.S.C. 1928-1929,
including the cost of modifying such loans as defined in
section 502 of the Congressional Budget Act of 1974,
$6,300,000, to remain available until expended.
Emergency Conservation Program
For an additional amount for ``Emergency Conservation
Program'' for expenses, including carcass removal, resulting
from flooding and other natural disasters, $70,000,000, to
remain available until expended: Provided, That the entire
amount shall be available only to the extent that an official
budget request for $70,000,000, 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 such amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
TREE ASSISTANCE PROGRAM
An amount of $9,000,000 is provided for assistance to small
orchardists to replace or rehabilitate trees and vineyards
damaged by natural disasters: Provided, That the entire
amount shall be available only to the extent that an official
budget request of $9,000,000, that includes designation of
the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That such amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
Commodity Credit Corporation Fund
DISASTER RESERVE ASSISTANCE PROGRAM
Effective only for losses in the fiscal year beginning
October 1, 1996, through the date of enactment of this Act,
the Secretary may use up to
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$50,000,000 from proceeds earned from the sale of grain in
the disaster reserve established in the Agricultural Act of
1970 to implement a livestock indemnity program for losses
from natural disasters pursuant to a Presidential or
Secretarial declaration requested prior to the date of
enactment of this Act in a manner similar to catastrophic
loss coverage available for other commodities under 7 U.S.C.
1508(b): Provided, That in administering a program described
in the preceding sentence, the Secretary shall, to the extent
practicable, utilize gross income and payment limitations
conditions established for the Disaster Reserve Assistance
Program for the 1996 crop year: Provided further, That
notwithstanding any other provision of law, beginning on
October 1, 1997, grain in the disaster reserve established in
the Agricultural Act of 1970 shall not exceed 20 million
bushels: 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 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)(D)(i)
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, including debris removal that would not be
authorized under the Emergency Watershed Program, resulting
from flooding and other natural disasters, including those in
prior years, $166,000,000, to remain available until
expended: Provided, That the entire amount shall be available
only to the extent an official budget request for
$166,000,000, 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
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act: Provided further, That if the
Secretary determines that the cost of land and farm
structures restoration exceeds the fair market value of an
affected agricultural land, the Secretary may use sufficient
amounts, not to exceed $15,000,000, from funds provided under
this heading to accept bids from willing sellers to provide
floodplain easements for such agricultural land inundated by
floods: Provided further, That none of the funds provided
under this heading shall be used for the salmon memorandum of
understanding.
Rural Housing Service
Rural Housing Insurance Fund Program Account
Rural Housing Assistance Program
Any unobligated balances remaining in the ``Rural Housing
Insurance Fund Program Account'' from prior years' disaster
supplementals shall be available until expended for
Section 502 housing loans, Section 504 loans and grants,
Section 515 loans, and domestic farm labor grants to meet
emergency needs resulting from natural disasters:
Provided, That such unobligated balances 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 in the
Balanced Budget and Emergency Deficit Control Act of 1985
is transmitted by the President to the Congress: Provided
further, That such unobligated balances are designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act: Provided further, That
notwithstanding section 520 of the Housing Act of 1949, as
amended, (42 U.S.C. 1490) the College Station area of
Pulaski County, Arkansas shall be eligible for loans and
grants available through the Rural Housing Service:
Provided further, That funds made available in Public Law
104-180 for Community Facility Grants for the Rural
Housing Assistance Program may be provided to any
community otherwise eligible for a Community Facility Loan
for expenses directly or indirectly resulting from
flooding and other natural disasters.
Rural Utilities Service
Rural Utilities Assistance Program
For an additional amount for ``Rural Utilities Assistance
Program'', for the cost of direct loans, loan guarantees, and
grants, including the cost of modifying loans as defined in
section 502 of the Congressional Budget Act of 1974, for
emergency expenses resulting from flooding and other natural
disasters, $4,000,000, to remain available until September
30, 1998: 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
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Food and Consumer Service
Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC)
For an additional amount for the ``Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC)'' as
authorized by section 17 of the Child
Nutrition Act of 1966, as amended (42 U.S.C. et seq.),
$76,000,000, to remain available through September 30, 1998:
Provided, That the Secretary shall allocate such funds
through the existing formula or, notwithstanding sections 17
(g), (h), or (i) of such Act and the regulations promulgated
thereunder, such other means as the Secretary deems
necessary.
GENERAL PROVISION, CHAPTER 1
SEC. 1001. COLLECTION AND DISSEMINATION OF INFORMATION ON
PRICES RECEIVED FOR BULK CHEESE.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture shall
collect and disseminate, on a weekly basis, statistically
reliable information, obtained from cheese manufacturing
areas in the United States on prices received and terms of
trade involving bulk cheese, including information on the
national average price for bulk cheese sold through spot and
forward contract transactions. To the maximum extent
practicable, the Secretary shall report the prices and terms
of trade for spot and forward contract transactions
separately.
(b) Confidentiality.--All information provided to, or
acquired by, the Secretary under subsection (a) shall be kept
confidential by each officer and employee of the Department
of Agriculture except that general weekly statements may be
issued that are based on the information and that do not
identify the information provided by any person.
(c) Report.--Not later than 150 days after the date of
enactment of this Act, the Secretary shall report to the
Committee on Agriculture, and the Committee on
Appropriations, of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry, and the
Committee on Appropriations, of the Senate, on the rate of
reporting compliance by cheese manufacturers with respect to
the information collected under subsection (a). At the time
of the report, the Secretary may submit legislative
recommendations to improve the rate of reporting compliance.
(d) Termination of Effectiveness.--The authority provided
by subsection (a) terminates effective April 5, 1999.
CHAPTER 2
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development
Assistance Programs'' for emergency infrastructure expenses
and the capitalization of revolving loan funds related to
recent flooding and other natural disasters, $52,200,000, to
remain available until expended, of which not to exceed
$2,000,000 may be available for administrative expenses and
may be transferred to and merged with the appropriations for
``Salaries and Expenses'': Provided, That the entire amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
National Institute of Standards and Technology
industrial technology services
Of the amount provided under this heading in Public Law
104-208 for the Advanced Technology Program, not to exceed
$35,000,000 shall be available for the award of new grants.
National Oceanic and Atmospheric Administration
Operations, Research, and Facilities
Within amounts available for ``Operations, Research, and
Facilities'' for Satellite Observing Systems, not to exceed
$7,000,000 is available until expended to provide disaster
assistance related to recent flooding and red tide pursuant
to section 312(a) of the Magnuson-Stevens Fishery
Conservation and Management Act, and not to exceed $2,000,000
is available until expended to implement the Magnuson-Stevens
Fishery Conservation and Management Act: Provided, That the
entire amount shall be available only to the extent that an
official budget request for $9,000,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to Congress: Provided further,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
such Act.
Construction
For an additional amount for ``Construction'' for emergency
expenses resulting from flooding and other natural disasters,
$10,800,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
RELATED AGENCY
Commission on the Advancement of Federal Law Enforcement
For an additional amount for the operations of the
Commission on the Advancement of Federal Law Enforcement,
$2,000,000, to remain available until expended.
GENERAL PROVISIONS, CHAPTER 2
Sec. 2001. Of the funds currently contained within the
``Counterterrorism Fund'' of the Department of Justice,
$3,000,000 is provided for allocation by the Attorney General
to the appropriate unit or units of government in Ogden,
Utah, for necessary expenses, including enhancements and
upgrade of security and communications infrastructure, to
counter any potential terrorism threat related to the 2002
Winter Olympic games to be held in Utah.
Sec. 2002. Expanding Small Business Participation in
Dredging.--Section 722(a) of the Small Business
Competitiveness Demonstration
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Program Act of 1988 (15 U.S.C. 644 note) is amended by
striking ``September 30, 1996'' and inserting ``September 30,
1997''.
Sec. 2003. Section 101 of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1371) is amended by adding at the end
thereof the following:
``(d) Good Samaritan Exemption.--It shall not be a
violation of this Act to take a marine mammal if--
``(1) such taking is imminently necessary to avoid serious
injury, additional injury, or death to a marine mammal
entangled in fishing gear or debris;
``(2) reasonable care is taken to ensure the safe release
of the marine mammal, taking into consideration the
equipment, expertise, and conditions at hand;
``(3) reasonable care is exercised to prevent any further
injury to the marine mammal; and
``(4) such taking is reported to the Secretary within 48
hours.''.
Sec. 2004. Notwithstanding any other provision of law, the
Secretary of Commerce shall have the authority to reprogram
or transfer up to $41,000,000 of the amounts provided under
``National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities'' for Satellite
Observing Systems in Public Law 104-208 for other
programmatic and operational requirements of the National
Oceanic and Atmospheric Administration and the Department of
Commerce subject to notification of the Committees on
Appropriations of the House of Representatives and the Senate
in accordance with section 605 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1997 and which shall not be
available for obligation or expenditure except in compliance
with the procedure set forth in that section.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
For an additional amount for ``Flood Control, Mississippi
River and Tributaries, Arkansas, Illinois, Kentucky,
Louisiana, Mississippi, Missouri, and Tennessee'' for
emergency expenses due to flooding and other natural
disasters, $20,000,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
operation and maintenance, general
For an additional amount for ``Operation and Maintenance,
General'' for emergency expenses due to flooding and other
natural disasters, $150,000,000, to remain available until
expended: Provided, That of the total amount appropriated,
the amount 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
further, That of the total amount appropriated, $5,000,000
shall be available solely for the Secretary of the Army,
acting through the Chief of Engineers, to pay the costs of
the Corps of Engineers and other Federal agencies associated
with the development of necessary studies, an interagency
management plan, environmental documentation, continued
monitoring, and other activities related to allocations of
water in the Alabama-Coosa-Tallapoosa and Apalachicola-
Chattahoochee-Flint River Basins: Provided further, That no
portion of such $5,000,000 may be used by the Corps of
Engineers to revise its master operational manuals or water
control plans for operation of the reservoirs for the two
river basins until (1) the interstate compacts for the two
river basins are ratified by the Congress by law; and (2) the
water allocation formulas for the two river basins have been
agreed to by the States of Alabama, Georgia, and Florida and
the Federal representative to the compacts: Provided further,
That the preceding proviso shall not apply to the use of such
funds for any environmental reviews necessary for the Federal
representative to approve the water allocation formulas for
the two river basins: Provided further, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
Flood Control and Coastal Emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'' due to flooding and other natural disasters,
$415,000,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That with $5,000,000 of
the funds appropriated herein, the Secretary of the Army is
directed to initiate and complete preconstruction engineering
and design and the associated Environmental Impact Statement
for an emergency outlet from Devils Lake, North Dakota, to
the Sheyenne River: Provided further, That of the funds
appropriated under this paragraph, $5,000,000 shall be used
for the project consisting of channel restoration and
improvements on the James River authorized by section 401(b)
of the Water Resources Development Act of 1986 (Public Law
99-662; 100 Stat. 4128) if the Secretary of the Army
determines that the need for such restoration and
improvements constitutes an emergency.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Operation and Maintenance
For an additional amount for ``Operation and Maintenance'',
$7,355,000, to remain available until expended, to repair
damage caused by floods and other natural disasters:
Provided, That of the total appropriated, the amount for
program activities that can be financed by the Reclamation
Fund shall be derived from that fund: Provided further, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
GENERAL PROVISIONS, CHAPTER 3
Sec. 3001. (a) Beginning in fiscal year 1997 and
thereafter, the United States members and the alternate
members appointed under the Susquehanna River Basin Compact
(Public Law 91-575), and the Delaware River Basin Compact
(Public Law 87-328), shall be officers of the U.S. Army Corps
of Engineers, who hold Presidential appointments as Regular
Army officers with Senate confirmation, and who shall serve
without additional compensation.
(b) Section 2, Reservations, Paragraph (u) of Public Law
91-575 (84 Stat. 1509) and Section 15.1, Reservations,
Paragraph (d) of Public Law 87-328 (75 Stat. 688, 691) are
hereby repealed.
(c) Section 2.2 of Public Law 87-328 (75 Stat. 688, 691) is
amended by striking the words ``during the term of office of
the President'' and inserting the words ``at the pleasure of
the President''.
Sec. 3002. Notwithstanding section 5 of the Reclamation
Safety of Dams Act of 1978, Public Law 95-578, as amended,
the Secretary of the Interior is authorized to obligate up to
$1,200,000 for carrying out actual construction for safety of
dam purposes to modify the Willow Creek Dam, Sun River
Project, Montana.
Sec. 3003. (a) Consultation and Conferencing.--As provided
by regulations issued under the Endangered Species Act (16
U.S.C. 1531 et seq.) for emergency situations, formal
consultation or conferencing under section 7(a)(2) or section
7(a)(4) of the Act for any action authorized, funded or
carried out by any Federal agency to repair a Federal or non-
Federal flood control project, facility or structure may be
deferred by the Federal agency authorizing, funding or
carrying out the action, if the agency determines that the
repair is needed to respond to an emergency causing an
imminent threat to human lives and property in 1996 or 1997.
Formal consultation or conferencing shall be deferred until
the imminent threat to human lives and property has been
abated. For purposes of this section, the term repair shall
include preventive and remedial measures to restore the
project, facility or structure to remove an imminent threat
to human lives and property.
(b) Reasonable and Prudent Measures.--Any reasonable and
prudent measures specified under section 7 of the Endangered
Species Act (16 U.S.C. 1536) to minimize the impact of an
action taken under this section shall be related both in
nature and extent to the effect of the action taken to repair
the flood control project, facility or structure.
CHAPTER 4
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
ASSISTANCE TO UKRAINE
Sec. 4001. The President may waive the minimum funding
requirements contained in subsection (k) under the heading
``Assistance for the New Independent States of the Former
Soviet Union'' contained in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997, as
included in Public Law 104-208, for activities for the
government of Ukraine funded in that subsection, if he
determines and so reports to the Committees on Appropriations
that the government of Ukraine:
(1) has not made progress toward implementation of
comprehensive economic reform;
(2) is not taking steps to ensure that United States
businesses and individuals are able to operate according to
generally accepted business principles; or
(3) is not taking steps to cease the illegal dumping of
steel plate.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Construction
(including transfer of funds)
For an additional amount for ``Construction'' to repair
damage caused by floods and other natural disasters,
$4,796,000, to remain available until expended, of which
$4,403,000 is to be derived by transfer from unobligated
balances of funds under the heading, ``Oregon and California
Grant Lands'', made available as supplemental appropriations
in Public Law 104-134: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Oregon and California Grant Lands
For an additional amount for ``Oregon and California Grant
Lands'' to repair damage caused by floods and other natural
disasters, $2,694,000, to remain available until expended and
to be derived from unobligated balances of funds under the
heading, ``Oregon and California Grant Lands'', made
available as supplemental appropriations in Public Law 104-
134: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
United States Fish and Wildlife Service
Resource Management
For an additional amount for ``Resource Management'',
$5,300,000, to remain available until expended, for technical
assistance and fish replacement made necessary by floods and
other
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natural disasters, for restoration of public lands damaged by
fire, and for payments to private landowners for the
voluntary use of private land to store water in restored
wetlands: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Construction
For an additional amount for ``Construction'', $88,000,000,
to remain available until expended, to repair damage caused
by floods and other natural disasters: Provided, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Land Acquisition
For an additional amount for ``Land Acquisition'',
$10,000,000, to remain available until expended, for
the cost-effective emergency acquisition of land and water
rights necessitated by floods and other natural disasters:
Provided, That the entire amount is designated by Congress
as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
National Park Service
Construction
For an additional amount for ``Construction'' for
emergency expenses resulting from flooding and other natural
disasters, $187,321,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That of this amount,
$30,000,000 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 such Act, is transmitted
by the President to Congress, and upon certification by the
Secretary of the Interior to the President that a specific
amount of such funds is required for (1) repair or
replacement of concession use facilities at Yosemite National
Park if the Secretary determines, after consulting with the
Director of the Office of Management and Budget, that the
repair or replacement of those facilities cannot be postponed
until completion of an agreement with the Yosemite
Concessions Services Corporation or any responsible third
party to satisfy its repair or replacement obligations for
the facilities, or (2) the Federal portion, if any, of the
costs of repair or replacement of such concession use
facilities: Provided further, That nothing herein should be
construed as impairing in any way the rights of the United
States against the Yosemite Concession Services Corporation
or any other party or as relieving the Corporation or any
other party of its obligations to the United States: Provided
further, That prior to any final agreement by the Secretary
with the Corporation or any other party concerning its
obligation to repair or replace concession use facilities,
the Solicitor of the Department of the Interior shall certify
that the agreement fully satisfies the obligations of the
Corporation or third party: Provided further, That nothing
herein, or any payments, repairs, or replacements made by the
Corporation or a third party in fulfillment of the
Corporation's obligations to the United States to repair and
replace damaged facilities, shall create any possessory
interest for the Corporation or such third party in such
repaired or replaced facilities: Provided further, That any
payments made to the United States by the Corporation or a
third party for repair or replacement of concession use
facilities shall be deposited in the General Fund of the
Treasury or, where facilities are repaired or replaced by the
Corporation or any other third party, an equal amount of
appropriations for ``Construction'' shall be rescinded.
For an additional amount for ``Construction'', $10,000,000,
to remain available until expended, to make repairs,
construct facilities, and provide visitor transportation and
for related purposes at Yosemite National Park.
United States Geological Survey
Surveys, Investigations, and Research
For an additional amount for ``Surveys, Investigations, and
Research'', $4,650,000, to remain available until September
30, 1998, to repair or replace damaged equipment and
facilities caused by floods and other natural disasters:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Bureau of Indian Affairs
Operation of Indian Programs
For an additional amount for ``Operation of Indian
Programs'', $14,317,000, to remain available until September
30, 1998, for emergency response activities, including
emergency school operations, heating costs, emergency welfare
assistance, and to repair and replace facilities and
resources damaged by snow, floods, and other natural
disasters: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Construction
For an additional amount for ``Construction'', $6,249,000,
to remain available until expended, to repair damages caused
by floods and other natural disasters: Provided, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That notwithstanding any other
provision of law, funds appropriated herein and in Public Law
104-208 to the Bureau of Indian Affairs for repair of the
Wapato irrigation project shall be made available on a
nonreimbursable basis.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
National Forest System
For an additional amount for ``National Forest System'' for
emergency expenses resulting from flooding and other natural
disasters, $39,677,000, to remain available until expended:
Provided, That the entire amount is design
Amendments:
Cosponsors:
