< Back to S. 1768 (105th Congress, 1997–1998)

Text of the 1998 Emergency Supplemental Appropriations Act for Recovery From Natural Disasters, and for Overseas Peacekeeping Efforts

This bill was introduced on March 17, 1998, in a previous session of Congress, but was not enacted. The text of the bill below is as of Mar 17, 1998 (Placed on Calendar in the Senate).

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S. 1768 PCS

Calendar No. 326

105th CONGRESS

2d Session

S. 1768

[Report No. 105-168]

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

Rule

IN THE SENATE OF THE UNITED STATES

March 17, 1998

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


A BILL

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

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for recovery from natural disasters, and for overseas peacekeeping efforts, for the fiscal year ending September 30, 1998, and for other purposes, namely:

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

CHAPTER 1

SUBCOMMITTEE ON AGRICULTURE, RURAL DEVELOPMENT, AND RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

Departmental Administration

    For an additional amount for ‘Departmental Administration’, $2,000,000.

Office of the General Counsel

    For an additional amount for the ‘Office of the General Counsel’, $235,000.

Farm Service Agency

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

    For an additional amount for the ‘Agricultural Credit Insurance Fund Program Account’, for the cost of direct and guaranteed loans authorized by 7 U.S.C. 1928-1929, including the cost of modifying such loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership loans, $3,574,197, of which $966,197 shall be for guaranteed loans; and direct operating loans, $3,162,000.

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

EMERGENCY CONSERVATION PROGRAM

    For an additional amount for the ‘Emergency Conservation Program’ for expenses resulting from ice storms, flooding, tornadoes and other natural disasters, $60,000,000, to remain available until expended: Provided, That of the funds provided under this heading, $40,000,000 shall be made available only for flooding and natural disaster relief in Georgia: Provided further, That the entire amount shall be available only to the extent that an official budget request for $60,000,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.

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

Commodity Credit Corporation Fund

DAIRY AND LIVESTOCK DISASTER ASSISTANCE PROGRAM

    Effective only for losses incurred beginning on November 27, 1997, through the date of enactment of this Act, $4,000,000 to implement a livestock and dairy indemnity program to compensate producers for losses of livestock and milk that had been produced but not marketed due to natural disasters designated pursuant to a Presidential or Secretarial declaration requested during such a period in a manner similar to catastrophic loss coverage available for other commodities under 7 U.S.C. 1508(b): Provided, That in establishing a program described in the preceding sentence, the Secretary shall, to the extent practicable, utilize gross income and payment limitations conditions established for the Disaster Reserve Assistance Program for the 1996 crop year: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Natural Resources Conservation Service

WATERSHED AND FLOOD PREVENTION OPERATIONS

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

Food Stamp Program

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

SALARIES AND EXPENSES

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

CHAPTER 2

SUBCOMMITTEE ON DEFENSE

DEPARTMENT OF DEFENSE--MILITARY

MILITARY PERSONNEL

Military Personnel, Army

    For an additional amount for ‘Military Personnel, Army’, $184,000,000: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Military Personnel, Navy

    For an additional amount for ‘Military Personnel, Navy’, $22,300,000: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Military Personnel, Marine Corps

    For an additional amount for ‘Military Personnel, Marine Corps’, $5,100,000: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Military Personnel, Air Force

    For an additional amount for ‘Military Personnel, Air Force’, $10,900,000: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Reserve Personnel, Navy

    For an additional amount for ‘Reserve Personnel, Navy’, $4,100,000: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

    For an additional amount for ‘Operation and Maintenance, Army’, $1,886,000: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Operation and Maintenance, Navy

    For an additional amount for ‘Operation and Maintenance, Navy’, $33,272,000: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Operation and Maintenance, Air Force

    For an additional amount for ‘Operation and Maintenance, Air Force’, $21,509,000: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Operation and Maintenance, Defense-wide

(INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ‘Operation and Maintenance, Defense-wide’, $1,390,000: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

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

Operation and Maintenance, Army Reserve

    For an additional amount for ‘Operation and Maintenance, Army Reserve’, $650,000: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Operation and Maintenance, Air Force Reserve

    For an additional amount for ‘Operation and Maintenance, Air Force Reserve’, $229,000: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Operation and Maintenance, Army National Guard

    For an additional amount for ‘Operation and Maintenance, Army National Guard’, $175,000: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Overseas Contingency Operations Transfer Fund

(INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ‘Overseas Contingency Operations Transfer Fund’, $1,556,000,000, to remain available until expended, of which $46,000,000 shall be available for classified programs: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the Secretary of Defense may transfer these funds to fiscal year 1998 appropriations for operation and maintenance, working capital funds, and the Defense Health Program: Provided further, That the funds transferred shall be merged with and shall be available for the same purposes and for the same time period as the appropriation to which transferred: Provided further, That funds appropriated under this heading, or made available by transfer of such funds, to any intelligence agency or activity of the United States Government shall be deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414): Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority contained in Public Law 105-56.

REVOLVING AND MANAGEMENT FUNDS

Navy Working Capital Fund

    For an additional amount for ‘Navy Working Capital Fund’, $23,017,000: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Defense-wide Working Capital Fund

    For an additional amount for ‘Defense-wide Working Capital Fund’, $1,000,000: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

    For an additional amount for the ‘Defense Health Program’, $1,900,000: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

GENERAL PROVISIONS, CHAPTER 2

    SEC. 201. In addition to the amounts provided in Public Law 105-56, $36,500,000 is appropriated under the heading ‘Overseas Humanitarian, Disaster, and Civic Aid’: Provided, That from the funds made available under that heading, the Secretary of Defense shall make a grant in the amount of $16,500,000 to the American Red Cross for Armed Forces emergency services: Provided further, That from the funds made available under that heading, the Secretary of Defense shall make a grant in the amount of $20,000,000 to the American Red Cross for reimbursement for disaster relief and recovery expenditures at overseas locations: Provided further, That the entire amount shall be available only to the extent that an official budget request for $36,500,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.

    SEC. 202. The Secretary of the Army shall comply with the memorandum of agreement entitled ‘Yakima Training Center Proposed Land Acquisition: Recreational Mitigation Requirements’ that was entered into between the Washington State Parks and Recreation Commission and the Department of the Army (with the Commanding General of I Corps, United States Army, acting for the Department of the Army) on September 27, 1991.

    SEC. 203. The President is urged to encourage other nations who are allies and friends of the United States to contribute to the burden being borne by the United States in preventing the government of Iraq from using Weapons of Mass Destruction, which pose a threat to the world community. The President is also urged to seek financial, in-kind and other contributions to help defray the costs being incurred by the United States in this operation. For this purpose, a special account shall be established in the Treasury which will accept such financial contributions, and from which funds will be subject to obligation through the normal appropriations process. The Secretary of Defense, after consultation with the Secretary of State, shall provide a report to the Congress within 60 days after enactment as to the status of this effort, and shall make a comprehensive account of the efforts made and results obtained to share the burden of the common defense. The Director of the Office of Management and Budget shall report to the Congress within 30 days as to the establishment of such burden-sharing account in the Department of the Treasury.

(TRANSFER OF FUNDS)

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

CHAPTER 3

SUBCOMMITTEE ON ENERGY AND WATER DEVELOPMENT

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

CONSTRUCTION, GENERAL

    For emergency repairs due to flooding and other natural disasters, $8,000,000, to remain available until expended: Provided, That the Secretary of the Army is authorized and directed to obligate and expend the funds appropriated under this heading to proceed with engineering and design and construction to repair and upgrade the Archusa Dam and appurtenant structures located in Quitman, Mississippi if the Secretary of the Army certifies that such repair is necessary to provide flood control benefits downstream of the dam: Provided further, That a non-Federal sponsor shall enter into a binding agreement with the Secretary wherein the non-Federal sponsor shall pay 50 percent of the cost of the project, provide all lands, easements, rights of way, relocations, and dredged material disposal areas required for the project, and pay 100 percent of the costs of operation, maintenance, repair, replacement or rehabilitation of the project: Provided further, That the entire amount shall be available only to the extent an official budget request for $8,000,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

    An additional amount for emergency levee and waterway repairs at Elba and Geneva, Alabama to be conducted at full Federal expense, $25,000,000, to remain available until expended: Provided, That the Secretary of the Army is authorized and directed to obligate and expend the funds appropriated for the Elba and Geneva, Alabama levees and waterway repair to proceed with engineering and design and reconstruction if the Secretary of the Army certifies that such work is necessary to provide flood control benefits in the vicinity of Elba and Geneva, Alabama: Provided further, That the Corps of Engineers shall not be responsible for the future costs of operation, repair, replacement or rehabilitation of the project: Provided further, That the entire amount shall be available only to the extent an official budget request of $25,000,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.

OPERATION AND MAINTENANCE, GENERAL

    For emergency repairs due to flooding and other natural disasters, $30,000,000, to remain available until expended, of which such amounts for eligible navigation projects which may be derived from the Harbor Maintenance Trust Fund pursuant to Public Law 99-662, shall be derived from that Fund, and the remainder shall be derived by transfer from the ‘Flood Control and Coastal Emergencies’ account: Provided, That the entire amount shall be available only to the extent an official budget request for $30,000,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

DEPARTMENT OF ENERGY

Atomic Energy Defense Activities

WEAPONS ACTIVITIES

(TRANSFER OF FUNDS)

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

Departmental Administration

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

GENERAL PROVISIONS, CHAPTER 3

    SEC. 301. Section 303 of the Energy and Water Development Appropriations Act, 1998 (Public Law 105-62), does not apply to the worker transition plan for the Pinellas Plant site.

    SEC. 302. Section 2 of the Emergency Drought Relief Act of 1996 (Public Law 104-318; 110 Stat. 3862) is amended by adding at the end the following new section:

    ‘(c) EXTENSION OF PERIODS FOR REPAYMENT- Notwithstanding any provision of the Reclamation Project Act of 1939 (43 U.S.C. 485 et seq.), the Secretary of the Interior--

      ‘(1) shall extend the period for repayment by the City of Corpus Christi, Texas, and the Nueces River Authority under contract No. 6-07-01-x0675, relating to the Nueces River reclamation project, Texas, until--

        ‘(A) August 1, 2029 for repayment pursuant to the municipal and industrial water supply benefits portion of the contract; and

        ‘(B) until August 1, 2044 for repayment pursuant to the fish and wildlife and recreation benefits portion of the contract, and

      ‘(2) shall extend the period for repayment by the Canadian River Municipal Water Authority under contract No. 14-06-500-485 relating to the Canadian River reclamation project, Texas, until October 1, 2021.’.

    SEC. 303. ACTION WITH RESPECT TO THE KENNEWICK MAN DISCOVERY SITE- Before final disposition of the civil action, Bonnichsen v. United States, CV No. 96-1481 (D. Ore.), the Army Corps of Engineers shall not authorize, permit, or undertake any action to stabilize, cover, or permanently alter the land (including land submerged by water) within 100 yards of the place where any part of the Kennewick Man remains was found unless the court determines that such an action is reasonable and necessary in light of any potential adverse impact on scientific investigation of the site and other relevant considerations.

CHAPTER 4

SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES

DEPARTMENT OF THE INTERIOR

United States Fish and Wildlife Service

CONSTRUCTION

    For an additional amount for ‘Construction’, $28,938,000, to remain available until expended, to repair damage caused by floods and other natural disasters: Provided, That the entire amount shall be available only to the extent that an official budget request for $28,938,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

National Park Service

CONSTRUCTION

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

United States Geological Survey

SURVEYS, INVESTIGATIONS, AND RESEARCH

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

Minerals Management Service

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

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

Office of Surface Mining Reclamation and Enforcement

ABANDONED MINE RECLAMATION FUND

(TRANSFER OF FUNDS)

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

Bureau of Indian Affairs

OPERATION OF INDIAN PROGRAMS

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

Office of Special Trustee for American Indians

FEDERAL TRUST PROGRAMS

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

DEPARTMENT OF AGRICULTURE

Forest Service

STATE AND PRIVATE FORESTRY

    For an additional amount for ‘State and Private Forestry’ for emergency expenses resulting from damages from ice storms, tornadoes and other natural disasters, $48,000,000, to remain available until expended: Provided, That the entire amount shall be available only to the extent that an official budget request for $48,000,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

NATIONAL FOREST SYSTEM

    For an additional amount for the ‘National Forest System’ for emergency expenses resulting from damages from ice storms, tornadoes and other natural disasters, $10,000,000, to remain available until expended: Provided, That the entire amount shall be available only to the extent that an official budget request for $10,000,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

    For an additional amount for the ‘National Forest System’ for expenses associated with payments to states as specified in subsection (b)(2) of section 405 of this chapter of this Act, $2,000,000, to remain available until expended.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

INDIAN HEALTH SERVICES

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

GENERAL PROVISIONS, CHAPTER 4

    SEC. 401. Construction of the Trappers Loop connector road, and any related actions, by any Federal or state agency or other entity are deemed to be non-discretionary actions authorized and directed by Congress under Title III, section 304(e)(3) of the Omnibus Parks and Public Lands Management Act of 1996 (110 Stat. 4093).

    SEC. 402. Neither the issuance by the United States of an easement on and across National Forest lands for the Boulder City Pipeline (also known as Lakewood Pipeline) nor the acceptance of such easement by the City of Boulder, Colorado, nor the relocation of such pipeline on such easement, shall cause, be construed as, or result in the abandonment, termination, relinquishment, revocation, limitation, or diminution of any rights claimed by such city pursuant to or as a result of any prior grant, including the Act of July 26, 1866 (43 U.S.C. 661) and the Acts authorizing the conveyance of such city of the Silver Lake Watershed. The alignment of the relocated pipeline shall be considered neither more nor less within the scope of any prior grants than the alignment of the pipeline existing prior to the issuance of such easement.

    SEC. 403. Notwithstanding any other provision of law, the Secretary of the Interior, through the Bureau of Indian Affairs, may hereafter directly transfer to Indian tribes in North and South Dakota portable housing units at the Grand Forks Air Force Base in North Dakota that have been declared excess by the Department of Defense and requested for transfer by the Department of the Interior.

    SEC. 404. PETROGLYPH NATIONAL MONUMENT. (a) SHORT TITLE- This section may be cited as the ‘Petroglyph National Monument Boundary Adjustment Act’.

    (b) FINDINGS- Congress finds that--

      (1) the purposes for which Petroglyph National Monument (referred to in this section as ‘the monument’) was established continue to be valid;

      (2) it is of mutual benefit to the trustee institutions of the New Mexico State Trust lands and the National Park Service for land exchange negotiations to be completed with all due diligence, resulting in the transfer of all State Trust lands within the boundaries of the monument to the United States in accordance with State and Federal law;

      (3) because the city of Albuquerque, New Mexico, has acquired substantial acreage within the monument boundaries, purchased with State and municipal funds, the consolidation of land ownership and jurisdiction under the National Park Service will require the consent of the city of Albuquerque, and options for National Park Service acquisition that are not currently available;

      (4) corridors for the development of Paseo del Norte and Unser Boulevard are depicted on the map referred to in section 102(a) of the Petroglyph National Monument Establishment Act of 1990 (Public Law 101-313; 16 U.S.C. 431 note), and the alignment of the roadways was anticipated by Congress before the date of enactment of the Act;

      (5) it was the expectation of the principal proponents of the monument, including the cities of Albuquerque and Rio Rancho, New Mexico, and the National Park Service, that passage of the Petroglyph National Monument Establishment Act of 1990 (Public Law 101-313; 16 U.S.C. 431 note) would allow the city of Albuquerque--

        (A) to utilize the Paseo del Norte and Unser Boulevard corridors through the monument; and

        (B) to design and construct infrastructure within the corridors with the cultural and natural resources of the monument in mind;

      (6) the city of Albuquerque has not provided for the establishment of rights-of-way for the Paseo del Norte and Unser Boulevard corridors under the Joint Powers Agreement (PANO 78-521.81-277A), which expanded the boundary of the monument to include the Piedras Marcadas and Boca Negra units, pursuant to section 104 of the Petroglyph National Monument Establishment Act of 1990 (Public Law 101-313; 16 U.S.C. 431 note);

      (7) adequate planning and cooperation between the city of Albuquerque and the National Park Service is essential to avoid resource degradation within the monument resulting from storm water runoff, and drainage conveyances through the monument should be designed and located to provide sufficient capacity for effective runoff management; and

      (8) the monument will best be managed for the benefit and enjoyment of present and future generations with cooperation between the city of Albuquerque, the State of New Mexico, and the National Park Service.

    (c) STORM WATER DRAINAGE AND TECHNICAL ASSISTANCE-

      (1) STORM WATER DRAINAGE- Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the National Park Service (referred to in this section as the ‘Secretary’), and the city of Albuquerque, New Mexico, shall enter into negotiations to provide for the management of storm water runoff and drainage within the monument, including the design and construction of any storm water corridors, conveyances, and easements within the monument boundaries.

      (2) DESIGN SPECIFICATIONS-

        (A) IN GENERAL- At least 120 days before the initiation of any construction within the corridor described in Exhibit B of the document referred to in subparagraph (C), the city of Albuquerque, New Mexico, shall provide to the Secretary design specifications for the construction project.

        (B) TECHNICAL ASSISTANCE- Prior to or on receipt of the specifications, the Secretary may provide the city with technical assistance in the design of any construction project within such corridor. Technical assistance provided by the Secretary shall be solely to advise the city on design.

        (C) DOCUMENT- The document described in this section is the document entitled ‘Petroglyph National Monument Roadway/Utility Corridors’, on file with the Secretary of the Interior and the mayor of the city of Albuquerque, New Mexico.

    (d) ACQUISITION AUTHORITY; BOUNDARY ADJUSTMENT; ADMINISTRATION AND MANAGEMENT OF THE MONUMENT-

      (1) ACQUISITION AUTHORITY- Section 103(a) of the Petroglyph National Monument Establishment Act of 1990 (Public Law 101-313, 16 U.S.C. 431 note) is amended--

        (A) by striking ‘(a) The Secretary’ and inserting the following:

    ‘(a) AUTHORITY-

      ‘(1) IN GENERAL- Subject to paragraph (2), the Secretary’;

        (B) by striking ‘, except that lands or interests therein owned by the State or a political subdivision thereof may be acquired only by donation or exchange’; and

        (C) by adding at the end the following:

      ‘(2) LAND OWNED BY THE STATE OR A POLITICAL SUBDIVISION- No land or interest in land owned by the State or a political subdivision of the State may be acquired by purchase before--

        ‘(A) the State or political subdivision holding title to the land or interest in land identifies the land or interest in land for disposal; and

        ‘(B)(i) all private land within the monument boundary for which there is a willing seller is acquired; or

          ‘(ii) 2 years have elapsed after the date on which the Secretary has made a final offer (for which funds are available) to acquire all remaining private land at fair market value.’.

      (2) BOUNDARY ADJUSTMENT- Section 104(a) of the Petroglyph National Monument Establishment Act of 1990 (Public Law 101-313; 16 U.S.C. 431 note) is amended--

        (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;

        (B) by striking ‘(a) Upon’ and inserting the following:

    ‘(a) PIEDRAS MARCADAS UNIT-

      ‘(1) IN GENERAL- Upon’; and

        (C) by adding at the end the following:

      ‘(2) BOUNDARY ADJUSTMENT-

        ‘(A) EXCLUSION OF PASEO DEL NORTE CORRIDOR- Notwithstanding paragraph (1), effective as of the date of enactment of this subparagraph--

          ‘(i) the boundary of the monument is adjusted to exclude the Paseo Del Norte corridor in the Piedras Marcadas Unit described in Exhibit B of the document described in subparagraph (B); and

          ‘(ii) the inclusion of the Paseo Del Norte corridor within the boundary of the monument before the date of enactment of this paragraph shall have no effect on any future ownership, use, or management of the corridor.

        ‘(B) DOCUMENT- The document described in this subparagraph is the document entitled ‘Petroglyph National Monument Roadway/Utility Corridors’, on file with the Secretary of the Interior and the mayor of the city of Albuquerque, New Mexico.’

    (e) ADMINISTRATION AND MANAGEMENT OF THE MONUMENT- Section 105 of the Petroglyph National Monument Establishment Act of 1990 (Public Law 101-313, 16 U.S.C. 431 note) is amended by adding at the end the following:

    ‘(f) BOCA NEGRA AND PIEDRAS MARCADAS UNITS- If the binding agreement providing for the expansion of the monument pursuant to section 104 is amended, in accordance with the terms of the agreement, to transfer to the National Park Service responsibility for operation, maintenance, and repair of any or all property within the Boca Negra or Piedras Marcadas unit of the monument, the Secretary may employ, at a comparable grade and salary within the National Park Service, any willing employees of the city assigned to the unit.’.

    (f) DOUBLE EAGLE II AIRPORT ACCESS ROAD- The Administrator of the Federal Aviation Administration shall allow the use of the access road to the Double Eagle II Airport in existence on the date of enactment of this Act for visitor access to the monument.

    SEC. 405. TRANSPORTATION SYSTEM MORATORIUM- (a)(1) The Chief of the Forest Service, Department of Agriculture, in his sole discretion, may authorize and execute any projects, including timber sales, that were previously scheduled for initiation or completion in fiscal year 1998 or fiscal year 1999, or that may be scheduled hereafter, notwithstanding any moratorium on construction of roads in roadless areas within the National Forest System adopted as policy or by regulation that would otherwise be applicable to such projects.

    (2) Any projects authorized pursuant to subsection (a)(1) shall--

      (A) comply with all applicable laws and regulations and be consistent with applicable land and resource management plans, except any regulations or plan amendments which establish or implement the moratorium referred to in subsection (a)(1); and

      (B) be subject to administrative appeals pursuant to Part 215 of title 36 of the Code of Federal Regulations and to judicial review.

    (b)(1) For any previously scheduled projects that are referred to in, but not authorized pursuant to, subsection (a)(1), the Chief shall, to the maximum extent practicable, prepare and authorize substitute projects to be offered or initiated in fiscal year 1998 or fiscal year 1999.

    (2)(A) The Chief shall pay as soon as practicable after fiscal year 1998 and fiscal year 1999 to any State in which previously scheduled projects that are referred to in, but not authorized pursuant to, subsection (a)(1) would have occurred 25 percentum of any receipts from such projects that --

      (i) were anticipated in fiscal year 1998 or fiscal year 1999 in the absence of any moratorium referred to in subsection (a)(1); and

      (ii) are not offset by revenues received in such fiscal years from substitute projects authorized pursuant to subsection (b)(1).

    (B) After reporting the amount of funds required to make any payments required by subsection (b)(2)(A), and the source from which such funds are to be derived, to the Committees on Appropriations of the House of Representatives and the Senate, the Chief shall make any payments required by subsection (b)(2)(A) from--

      (i) the $2,000,000 appropriated for the purposes of this section in Chapter 4 of this Act; or

      (ii) in the event that the amount referred to in subsection (b)(2)(B)(i) is not sufficient to cover the payments required under subsection (b)(2), from any funds appropriated to the Forest Service in fiscal year 1998 or fiscal year 1999, as the case may be, that are not specifically earmarked for another purpose by the applicable appropriation act or a committee or conference report thereon.

    (C) Any State which receives payments required by subsection (b)(2)(A) shall expend such funds only in the manner, and for the purposes, prescribed in section 500 of title 16 of the United States Code.

    (c)(1) During the term of the moratorium referred to in subsection (a)(1), the Chief shall prepare, and submit to the Committees on Appropriations of the House of Representatives and the Senate a report on, each of the following:

      (A) a study of whether standards and guidelines in existing land and resource management plans compel or encourage entry into roadless areas within the National Forest System for the purpose of constructing roads or undertaking any other ground-disturbing activities;

      (B) an inventory of all roads within the National Forest System and the uses which they serve, in a format that will inform and facilitate the development of a long-term Forest Service transportation policy; and

      (C) a comprehensive and detailed analysis of the economic and social effects of the moratorium referred to in subsection (a)(1) on county, State, and regional levels.

    (2) The Chief shall fund the study, inventory and analysis required by subsection (c)(1) in fiscal year 1998 from funds appropriated for Forest Research in such fiscal year that are not specifically earmarked for another purpose in the applicable appropriation act or a committee or conference report thereon.

CHAPTER 5

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

DISEASE CONTROL, RESEARCH, AND TRAINING

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

Health Care Financing Administration

PROGRAM MANAGEMENT

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

CHAPTER 6

SUBCOMMITTEE ON THE LEGISLATIVE BRANCH

ARCHITECT OF THE CAPITOL

Capitol Building and Grounds

CAPITOL BUILDINGS

SALARIES AND EXPENSES

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

CAPITOL GROUNDS

(INCLUDING TRANSFER OF FUNDS)

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

CHAPTER 7

SUBCOMMITTEE ON MILITARY CONSTRUCTION

DEPARTMENT OF DEFENSE

Military Construction, Navy

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

Military Construction, Air Force

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

Family Housing, Navy and Marine Corps

    For an additional amount for ‘Family Housing, Navy and Marine Corps’, $18,100,000: Provided, That the entire amount shall be available only to the extent that an official budget request for $18,100,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Family Housing, Air Force

    For an additional amount for ‘Family Housing, Air Force’, $2,400,000: Provided, That the entire amount shall be available only to the extent that an official budget request for $2,400,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

CHAPTER 8

SUBCOMMITTEE ON TRANSPORTATION AND RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

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

Federal Aviation Administration

OPERATIONS

(AIRPORT AND AIRWAYS TRUST FUND)

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

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAYS TRUST FUND)

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

Federal Highway Administration

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

(HIGHWAY TRUST FUND)

    For an additional amount for the Emergency Relief Program for emergency expenses resulting from flooding and other natural disasters, as authorized by 23 U.S.C. 125, $259,000,000, to be derived from the Highway Trust Fund and to remain available until expended: Provided, That the entire amount shall be available only to the extent an official budget request for $259,000,000, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That any obligations for the Emergency Relief Program shall not be subject to the prohibition against obligations in section 2(e)(3) (A) and (D) of the Surface Transportation Extension Act of 1997: Provided further, That no announcement of any allocation of funds provided under this section shall be made prior to 15 days after the notification of the House and Senate Committees on Appropriations, the House and Senate Transportation Appropriations Subcommittees, the Senate Environment and Public Works Committee, and the House Transportation and Infrastructure Committee: Provided further, That if sufficient carryover balances for the necessary expenses for administration, operation (including motor carrier safety program operations), and research of the Federal Highway Administration are not available, and pending the reauthorization of the Federal-aid highway program, the Secretary of Transportation may borrow such sums as may be necessary for such expenses from the unobligated balances of discretionary allocations for the Federal-aid highway program made available by this Act.

RELATED AGENCY

National Transportation Safety Board

SALARIES AND EXPENSES

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

CHAPTER 9

SUBCOMMITTEE ON TREASURY AND GENERAL GOVERNMENT

DEPARTMENT OF THE TREASURY

AUTOMATION ENHANCEMENT

YEAR 2000 CENTURY DATE CHANGE CONVERSION

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

Financial Management Service

SALARIES AND EXPENSES

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

CHAPTER 10

SUBCOMMITTEE ON VA, HUD, AND INDEPENDENT AGENCIES

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

COMPENSATION AND PENSIONS

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

CHAPTER 11

OFFSETS AND RESCISSIONS

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

(RESCISSION)

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

Farm Service Agency

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(RESCISSION)

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

Rural Housing Service

SALARIES AND EXPENSES

(RESCISSION)

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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

MANAGEMENT OF LANDS AND RESOURCES

(RESCISSION)

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

Oregon and California Grant Lands

(RESCISSION)

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

United States Fish and Wildlife Service

RESOURCE MANAGEMENT

(RESCISSION)

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

CONSTRUCTION

(RESCISSION)

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

National Park Service

CONSTRUCTION

(RESCISSION)

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

Bureau of Mines

MINES AND MINERALS

(RESCISSIONS)

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

Bureau of Indian Affairs

CONSTRUCTION

(RESCISSION)

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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

PAYMENTS TO AIR CARRIERS

(RESCISSION)

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

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION)

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

Federal Aviation Administration

GRANTS-IN-AID FOR AIRPORTS

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

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

Federal Railroad Administration

CONRAIL LABOR PROTECTION

(RESCISSION)

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

DEPARTMENT OF THE TREASURY

United States Customs Service

SALARIES AND EXPENSES

(RESCISSION)

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

Internal Revenue Service

INFORMATION TECHNOLOGY INVESTMENTS

(RESCISSION)

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

GENERAL PROVISION, CHAPTER 11

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

TITLE II--GENERAL PROVISIONS--THIS ACT

    SEC. 2001. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

    SEC. 2002. None of the funds appropriated or otherwise made available in this or any other Act may be obligated or expended by the Patent and Trademark Office to plan for the design, construction or lease of new facilities until 30 days after the submission of a report, to be delivered not later than May 1, 1998, to the Committees on Appropriations analyzing the cost versus the benefit of relocating to a new facility, and the cost associated with leasing versus lease-purchase, federal construction, or other alternatives for new space, and shall only be made available in accordance with section 605 of Public Law 105-119.

    SEC. 2003. Funds appropriated pursuant to Public Law 105-78 to carry out Title XX of the Public Health Service Act are available for use for prevention service demonstration grants without application of the limitation of section 2010(c) of that Title.

    SEC. 2004. PROVISIONS RELATING TO UNIVERSAL SERVICE SUPPORT FOR PUBLIC INSTITUTIONAL TELECOMMUNICATIONS USERS. (a) NO INFERENCE REGARDING EXISTING UNIVERSAL SERVICE ADMINISTRATIVE MECHANISM- Nothing in this section may be considered as expressing the approval of the Congress of the action of the Federal Communications Commission in establishing, or causing to be established, one or more corporations to administer the schools and libraries program and the rural health care provider program under section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)), or the approval of any provision of such programs.

    (b) FCC to Report to the Congress-

      (1) REPORT DUE DATE- Pursuant to the findings of the General Accounting Office (B-278820) dated February 10, 1998, the Federal Communications Commission shall, by May 8, 1998, submit a 2-part report to the Congress under this section.

      (2) REVISED STRUCTURE- The report shall propose a revised structure for the administration of the programs established under section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)). The revised structure shall consist of a single entity.

        (A) LIMITATION ON ADMINISTRATION OF PROGRAMS- The entity proposed by the Commission to administer the programs--

          (i) is limited exclusively to the ministerial acts of processing the applications necessary to determine eligibility for discounts under section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) as determined by the Commission;

          (ii) may not administer the programs in any manner that requires that entity to interpret the intent of the Congress in establishing the programs or interpret any rule promulgated by the Commission in carrying out the programs.

        (B) APA REQUIREMENTS WAIVED- In preparing the report required by this section, the Commission shall find that good cause exists to waive the requirements of section 553 of title 5, United States Code, to the extent necessary to enable the Commission to submit the report to the Congress by May 8, 1998.

      (3) REPORT ON FUNDING OF SCHOOLS AND LIBRARIES PROGRAM AND RURAL HEALTH CARE PROGRAM- The report required by this section shall also provide the following information about the contributions to, and requests for funding from, the schools and libraries subsidy program:

        (A) An estimate of the expected reductions in interstate access charges anticipated on July 1, 1998, including individual estimates of--

          (i) the value of the current price cap formula, excluding the ‘g’ (growth) component;

          (ii) the value of the ‘g’ (growth) component;

          (iii) the value of the exogenous cost component;

          (iv) the amount of available headroom; and

          (v) the amount of reductions for incumbent local exchange carriers still subject to rate-of-return regulation.

        (B) The 1997 interstate rate of return for each incumbent local exchange carrier subject to price cap regulation;

        (C) Based on the information in subparagraphs (A) and (B), a complete explanation and accounting for any headroom claimed to be available to an incumbent local exchange carrier whose actual rate of return is greater than 11.25 percent.

        (D) An accounting of the total contributions to the universal service fund that are available for use to support the schools and libraries program under section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) for the second quarter of 1998.

        (E) An accounting of the amount of the contribution described in subparagraph (D) that the Commission expects to receive from--

          (i) incumbent local exchange carriers;

          (ii) interexchange carriers;

          (iii) information service providers;

          (iv) commercial mobile radio service providers; and

          (v) any other provider.

        (F) With regard to incumbent local exchange carriers--

          (i) the amount of the contribution for universal services under section 254 of the Communications Act of 1934 (47 U.S.C. 254) that will be recovered from subscribers; and

          (ii) the amount that will be passed on to interexchange carriers in the form of increased access charges, the access and end-user rate elements in which any increase in incumbent local exchange carrier contributions will be reflected, and an explanation of why this method of cost recovery is consistent with the goal of competitive neutrality set forth in section 254(d) of that Act (47 U.S.C. 254(d)).

        (G) Based on the applications for funding under section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) received as of April 15, 1998, an estimate of the costs of providing universal service support to schools and libraries under that section disaggregated by eligible services and facilities as set forth in the eligibility list of the Schools and Libraries Corporation, including--

          (i) the amounts requested for costs associated with telecommunications services;

          (ii) the amounts requested for costs described in clause (i) plus the costs of internal connections under the program; and

          (iii) the amounts requested for the costs described in clause (ii), plus the cost of internet access.

        (H) A justification for the amount, if any, by which the total requested disbursements from the fund described in subparagraph (G) exceeds the amount of available contributions described in subparagraph (D).

        (I) Based on the amount described in subparagraph (G), an estimate of the amount of contributions that will be required for the schools and libraries program in the third and fourth quarters of 1998, and, to the extent these estimated contributions for the third and fourth quarter exceed the current second-quarter contribution, the Commission shall provide an estimate of the amount of support that will be needed for each of the eligible services and facilities as set forth in the eligibility list of the Schools and Libraries Corporation, and disaggregated as specified in subparagraph (G).

        (J) An explanation of why restricting the basis of telecommunications carriers’ contributions to universal service under 254(a)(3) of the Communications Act of 1934 (47 U.S.C. 254(a)(3)) to interstate revenues, while requiring that contributions to universal service under section 254(h) of that Act (47 U.S.C. 254(h)) be based on both interstate as well as intrastate revenues, is consistent with the provisions of section 254(d) of that Act (47 U.S.C. 254(d)).

        (K) An explanation as to whether access charge reductions should be passed through on a dollar-for-dollar basis to each customer class on a proportionate basis.

    (c) SCHOOLS AND LIBRARIES PROGRAM ASSISTANCE CRITERIA- In carrying out the schools and libraries program under paragraphs (1)(B) and (2) of section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)), the Commission shall prioritize assistance on the basis of need. In determining need under this section, the Commission shall make funds available for distance delivery education programs where advanced learning technologies are not otherwise available at affordable rates.

    (d) IMPOSITION OF CAP ON COMPENSATION OF INDIVIDUALS EMPLOYED TO CARRY OUT THE PROGRAMS- No officer or employee of the entity to be proposed to be established under subsection (b)(2) of this section may be compensated at an annual rate of pay, including any non-regular, extraordinary, or unexpected payment based on specific determinations of exceptionally meritorious service or otherwise, bonuses, or any other compensation (either monetary or in-kind), which exceeds the rate of basic pay in effect from time to time for level I of the Executive Schedule under section 5312 of title 5, United States Code.

    (e) SECOND-HALF 1998 CONTRIBUTIONS- Before June 1, 1998, the Federal Communications Commission may not--

      (1) adjust the contribution factors for telecommunications carriers under section 254; or

      (2) collect any such contribution due for the third or fourth quarter of calendar year 1998.

    This Act may be cited as the ‘1998 Emergency Supplemental Appropriations Act for Recovery From Natural Disasters, and for Overseas Peacekeeping Efforts’.

Calendar No. 326

105th CONGRESS

2d Session

S. 1768

[Report No. 105-168]

A BILL

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


March 17, 1998

Read twice and placed on the calendar