Title: A joint resolution making dire emergency supplemental appropriations and transfers for relief from the effects of natural disasters, for other urgent needs, and for incremental costs of "Operation Desert Sheild/Desert Storm" for the fiscal year ending September 30, 1992, and for other purposes.
Sponsor: Rep Whitten, Jamie L. [MS-1] (introduced 2/28/1991)      Cosponsors (None)
Related Bills: H.RES.309, H.R.3543
Latest Major Action: 12/12/1991 Became Public Law No: 102-229.


There are 7 versions of Bill Number H.J.RES.157 for the 102nd Congress

1 . Making technical corrections and correcting enrollment errors in certain Acts making appropriations for the fiscal year ending September 30, 1991, and for other purposes. (Agreed to by House)[H.J.RES.157.ATH]
2 . Making technical corrections and correcting enrollment errors in certain Acts making appropriations for the fiscal year ending September 30, 1991, and for other purposes. (Engrossed as Agreed to or Passed by House)[H.J.RES.157.EH]
3 . Making technical corrections and correcting enrollment errors in certain Acts making appropriations for the fiscal year ending September 30, 1991, and for other purposes. (Referred to Senate Committee after being Received from House)[H.J.RES.157.RFS]
4 . Operation Desert Shield/Desert Storm' Act of 1992 (Reported in Senate)[H.J.RES.157.RS]
5 . Operation Desert Shield/Desert Storm' Act of 1992 (Public Print)[H.J.RES.157.PP]
6 . Operation Desert Shield/Desert Storm' Act of 1992 (Enrolled as Agreed to or Passed by Both House and Senate)[H.J.RES.157.ENR]
7 . Operation Desert Shield/Desert Storm' Act of 1992 (Engrossed Amendment as Agreed to by Senate)[H.J.RES.157.EAS]


H.J.RES.157

Operation Desert Shield/Desert Storm' Act of 1992 (Engrossed Amendment as Agreed to by Senate)



102d CONGRESS

1st Session

H. J. RES. 157

AMENDMENTS


HJ 157 EAS

In the Senate of the United States,

November 22 (legislative day, November 20), 1991.

Resolved, That the resolution from the House of Representatives (H.J. Res. 157) entitled `Joint resolution making technical corrections and correcting enrollment errors in certain Acts making appropriations for the fiscal year ending September 30, 1991, and for other purposes' do pass with the following

AMENDMENTS:

Strike out all after the resolving clause and insert:

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to provide dire emergency supplemental appropriations for the fiscal year ending September 30, 1992, and for other purposes, namely:

TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

CHAPTER I

DEPARTMENT OF DEFENSE--MILITARY

OPERATION DESERT SHIELD/DESERT STORM

(TRANSFER OF ADDITIONAL FUNDS)

For additional incremental costs of the Department of Defense, the Department of Veterans Affairs, and the Department of Transportation associated with operations in and around the Persian Gulf as part of operations currently known as Operation Desert Shield (including Operation Desert Storm) and under the terms and conditions of the `Operation Desert Shield/Desert Storm Supplemental Appropriations Act, 1991' (Public Law 102-28), in addition to the amounts that may be transferred to appropriations available to the Department of Defense pursuant to that Act, not to exceed $3,814,100,000 may be transferred during fiscal year 1992 from either the Defense Cooperation Account, or as appropriate, the Persian Gulf Regional Defense Fund, to the following accounts in not to exceed the following amounts:

OPERATION AND MAINTENANCE

(TRANSFER OF FUNDS)

Operation and Maintenance, Army

For an additional amount for `Operation and maintenance, Army', $227,300,000.

Operation and Maintenance, Navy

For an additional amount for `Operation and maintenance, Navy', $270,000,000.

Operation and Maintenance, Marine Corps

For an additional amount for `Operation and maintenance, Marine Corps', $75,000,000.

PROCUREMENT

(TRANSFER OF FUNDS)

Aircraft Procurement, Army

For an additional amount for `Aircraft procurement, Army', $270,800,000, to remain available for obligation until September 30, 1994.

Missile Procurement, Army

For an additional amount for `Missile procurement, Army', $21,800,000, to remain available for obligation until September 30, 1994.

Other Procurement, Army

For an additional amount for `Other procurement, Army', $80,500,000, to remain available for obligation until September 30, 1994.

Aircraft Procurement, Navy

For an additional amount for `Aircraft procurement, Navy', $508,000,000, to remain available for obligation until September 30, 1994.

Weapons Procurement, Navy

For an additional amount for `Weapons procurement, Navy', $8,100,000, to remain available for obligation until September 30, 1994.

Other Procurement, Navy

For an additional amount for `Other procurement, Navy', $112,700,000, to remain available for obligation until September 30, 1994.

Procurement, Marine Corps

For an additional amount for `Procurement, Marine Corps', $4,300,000, to remain available for obligation until September 30, 1994.

Aircraft Procurement, Air Force

For an additional amount for `Aircraft Procurement, Air Force', $309,500,000.

Other Procurement, Air Force

For an additional amount for `Other procurement, Air Force', $460,000,000, of which $100,000,000 may be available for the procurement of combined effects munitions, to remain available for obligation until September 30, 1994.

Procurement, Defense Agencies

For an additional amount for `Procurement, Defense Agencies', $76,900,000, to remain available for obligation until September 30, 1994.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

(TRANSFER OF FUNDS)

Research, Development, Test and Evaluation, Army

For an additional amount for `Research, Development, Test and Evaluation, Army', $47,800,000, to remain available for obligation until September 30, 1993.

Research, Development, Test and Evaluation, Navy

For an additional amount for `Research, Development, Test and Evaluation, Navy', $6,100,000, to remain available for obligation until September 30, 1993.

Research, Development, Test and Evaluation, Air Force

For an additional amount for `Research, Development, Test and Evaluation, Air Force', $24,300,000, to remain available for obligation until September 30, 1993.

Research, Development, Test and Evaluation, Defense Agencies

For an additional amount for `Research, Development, Test and Evaluation, Defense Agencies', $28,100,000, to remain available for obligation until September 30, 1993.

REVOLVING AND MANAGEMENT FUNDS

(TRANSFER OF FUNDS)

Army Stock Fund

For an additional amount for `Army Stock Fund', $410,000,000.

Navy Stock Fund

For an additional amount for `Navy Stock Fund', $450,000,000.

Air Force Stock Fund

For an additional amount for `Air Force Stock Fund', $280,000,000.

DEPARTMENT OF TRANSPORTATION

(TRANSFER OF FUNDS)

COAST GUARD

Operating Expenses

For an additional amount for `Operating expenses', $17,900,000.

DEPARTMENT OF VETERANS AFFAIRS

(TRANSFER OF FUNDS)

Veterans Health Administration

medical care

For a Department of Veterans Affairs program of marriage and family counseling services for veterans of the Persian Gulf War and the spouses and families of such veterans: $10,000,000: Provided, That an Act authorizing the program is enacted during the One Hundred Second Congress.

DEPARTMENT OF DEFENSE--MILITARY

(TRANSFER OF EXISTING FUNDS)

For the purpose of adjusting amounts which may be transferred pursuant to the `Operation Desert Shield/Desert Storm Supplemental Appropriations Act, 1991' (Public Law 102-28) and under the terms and conditions of that Act, during the fiscal year 1992, the Secretary of Defense may make adjustments to the amounts provided for transfer by such Act in amounts not to exceed $6,282,400,000 and provide for the transfer of such amounts to the following accounts in not to exceed the following amounts to be available to the Department of Defense during fiscal year 1992: Provided, That the Secretary of Defense shall provide prior notification to the Committees on Appropriations of the House of Representatives and the Senate indicating the accounts from which the funds will be derived for such transfers:

MILITARY PERSONNEL

(TRANSFER OF FUNDS)

Military Personnel, Army

To be derived by transfer, $685,000,000 for `Military personnel, Army'.

Military Personnel, Navy

To be derived by transfer, $70,000,000 for `Military personnel, Navy'.

Military Personnel, Marine Corps

To be derived by transfer, $18,000,000 for `Military personnel, Marine Corps'.

Military Personnel, Air Force

To be derived by transfer, $81,000,000 for `Military personnel, Air Force'.

Reserve Personnel, Army

To be derived by transfer, $80,000,000 for `Reserve personnel, Army'.

Reserve Personnel, Air Force

To be derived by transfer, $4,000,000 for `Reserve personnel, Air Force'.

National Guard Personnel, Army

To be derived by transfer, $10,000,000 for `National Guard personnel, Army'.

National Guard Personnel, Air Force

To be derived by transfer, $3,000,000 for `National Guard personnel, Air Force'.

OPERATION AND MAINTENANCE

(TRANSFER OF FUNDS)

Operation and Maintenance, Army

To be derived by transfer, $2,717,500,000 for `Operation and maintenance, Army'.

Operation and Maintenance, Navy

To be derived by transfer, $1,080,000,000 for `Operation and maintenance, Navy'.

Operation and Maintenance, Marine Corps

To be derived by transfer, $165,000,000 for `Operation and maintenance, Marine Corps'.

Operation and Maintenance, Air Force

To be derived by transfer, $1,241,400,000 for `Operation and maintenance, Air Force'.

Operation and Maintenance, Army Reserve

To be derived by transfer, $6,000,000 for `Operation and maintenance, Army Reserve'.

Operation and Maintenance, Air Force Reserve

To be derived by transfer, $59,200,000 for `Operation and maintenance, Air Force Reserve'.

Operation and Maintenance, Army National Guard

To be derived by transfer, $3,600,000 for `Operation and maintenance, Army National Guard'.

Operation and Maintenance, Air National Guard

To be derived by transfer, $58,700,000 for `Operation and maintenance, Air National Guard'.

GENERAL PROVISIONS--CHAPTER I

SEC. 101. The prohibition in section 132(a)(2) of Public Law 101-189 (103 Stat. 1383) does not apply to the obligation of $70,200,000 provided in `Aircraft Procurement, Army' of chapter I, title I for the procurement of AH-64 Apache attack helicopters.
SEC. 102. Of the funds provided in title III of Public Law 101-165 for `Other Procurement, Air Force', not more than $80,000,000 shall be available, and may be obligated and expended, for costs arising from the cancellation of the Alaskan OTH-B radar program and powerplant lease: Provided, That such funds will be available for contract termination, site restoration, modification of facilities and other costs associated with the termination of the Alaskan OTH-B radar program and powerplant lease, or the transfer and modification of facilities and material located at or procured for the Alaskan OTH-B radar program or powerplant to any other Department of Defense activity or program at the OTH-B radar powerplant site.

kurdish protection force

(transfer of funds)

SEC. 103. In addition to other transfer authority granted by this or any other Act, and under the terms and conditions of the `Operation Desert Shield/Desert Storm Supplemental Act, 1991' (Public Law 101-28), the Secretary of Defense may transfer not to exceed $100,000,000 for costs incurred during fiscal years 1991 and 1992 from the Defense Cooperation Account, or as appropriate, the Persian Gulf Regional Defense Fund to appropriate Department of Defense appropriations for costs incurred through February 1992 in support of U.S. military forces in and around Iraq and Turkey known as the Kurdish Protection or Ready Reaction Force.

RESTRICTION ON ARMS SALES TO SAUDI ARABIA AND KUWAIT

SEC. 104. (a) No funds appropriated or otherwise made available by this or any other Act may be used in any fiscal year to conduct, support, or administer any sale of defense articles or defense services to Saudi Arabia or Kuwait until that country has paid in full, either in cash or in mutually agreed in-kind contributions, the following commitments made to the United States to support Operation Desert Shield/Desert Storm:
(1) In the case of Saudi Arabia, $16,839,000,000.
(2) In the case of Kuwait, $16,006,000,000.
(b) For purposes of this section, the term `any sale' means any sale with respect to which the President is required to submit a numbered certification to the Congress pursuant to the Arms Export Control Act on or after the effective date of this section.
(c) This section shall take effect 120 days after the date of enactment of this joint resolution.

middle east humanitarian relief

SEC. 105. Of the funds appropriated from the Defense Cooperation Account for the Kurdish Ready Reaction Force not less than $15,000,000 shall be made available only for the prepositioning of relief supplies in the Middle East to meet emergency humanitarian needs and related transportation costs. In addition, the Secretary of Defense is authorized to use up to $15,000,000 in additional funds from the Defense Cooperation Account for this purpose.

CLASSIFIED PROGRAM

SEC. 106. (a) In section 110 of the Classified Annex incorporated into the Department of Defense Appropriations Act, 1992, the matter beginning with `Notwithstanding' and ending with `Provided, That' shall have no force or effect.
(b) The funds described in section 110 of such Classified Annex may be obligated for the program described therein only in accordance with the Classified Annex incorporated into the National Defense Authorization Act for Fiscal Years 1992 and 1993.

CHAPTER II

DEPARTMENT OF VETERANS AFFAIRS

Administrative Provision

Section 518(a) of the `General Provisions' in H.R. 2519, the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992, is amended by striking out `Section 662A(c)' and inserting in lieu thereof `Section 1722A(c)'.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Administrative Provision

The Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992 (H.R. 2519), is amended--
(1) in the appropriating paragraph entitled `Personal Services and Travel, Office of Public and Indian Housing' by striking `$10,424,000' and inserting in lieu thereof `$12,788,000' each time it appears in the paragraph;
(2) in the appropriating paragraph entitled `Personal Services and Travel, Office of Policy Development and Research' by striking `$10,705,000' and inserting in lieu thereof `$8,717,000' each time it appears in the paragraph; and
(3) in the appropriating paragraph entitled `Personal Services and Travel, Office of General Counsel' by striking `$14,985,000' and inserting in lieu thereof `$14,609,000' each time it appears in the paragraph.

INDEPENDENT AGENCIES

Court of Veterans Appeals

salaries and expenses

Of the funds made available under this head in Public Law 102-139, not to exceed $950,000, to remain available until September 30, 1993, shall be available for the purpose of providing financial assistance (through grant or contract made, to the maximum extent feasible, not later than 150 days after enactment of this Act) to facilitate the furnishing of legal and other assistance, without charge, to veterans and other persons who are unable to afford the cost of legal representation in connection with decisions to which section 7252(a) of title 38, United States Code, may apply, or with other proceedings in the Court, through a program that furnishes case screening and referral, training and education for attorney and related personnel, and encouragement and facilitation of pro bono representation by members of the bar and law school clinical and other appropriate programs, such as veterans service organizations, and through defraying expenses incurred in providing representation to such persons: Provided, That such grants or contracts shall be made by the Legal Services Corporation pursuant to a reimbursable payment from the United States Court of Veterans Appeals for the purposes described herein: Provided further, That the Legal Services Corporation is authorized to receive a reimbursable payment from the United States Court of Veterans Appeals for the purpose of providing the financial assistance described herein: Provided further, That no funds made available herein shall be used for the payment of attorney fees: Provided further, That, not later than 180 days after the enactment of this Act, and, again, not later than one year after a grant or contract is made pursuant to the provisions of this paragraph, the Legal Services Corporation and the United States Court of Veterans Appeals shall report to the appropriate committees of the Congress regarding the implementation of the provisions of this paragraph.

Environmental Protection Agency

administrative provision

Of the funds appropriated for the wastewater treatment facilities fund under title VI of the Federal Water Pollution Control Act, up to one-half of one per centum may be made available by the Administrator for direct grants to Indian tribes for construction of wastewater treatment facilities.

Federal Emergency Management Agency

DISASTER RELIEF

For emergency disaster assistance payments necessary to provide for expenses in presidentially-declared disasters under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, an additional amount for `Disaster relief', $943,000,000, to remain available until expended, for necessary expenses under such Act: Provided, That up to $1,250,000 of the funds made available under this heading may be transferred to, and merged with, amounts made available under the heading `Federal Emergency Management Agency, Salaries and expenses' in the Departments of Veterans Affairs, Housing and Urban Development, and Independent Agencies Appropriations Act, 1992 (Public Law 102-139).

National Aeronautics and Space Administration

research and development

The last proviso under this heading in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990 (Public Law 101-144), is hereby deleted.

CHAPTER III

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

In view of the occurrence of recent natural disasters--similar to the volcano eruption of 1980, the earthquake of 1989, and the hurricane of 1989--droughts, floods, freezes, tornadoes, and other catastrophes which resulted in billions of dollars in damages, and in an effort to restore the economy and to alleviate the effects of the disasters, an additional $1,750,000,000, to remain available until expended, is hereby made available for losses associated with 1990 crops as authorized by law, and for losses associated with 1991 crops under the same terms and conditions. For the purposes of this Act, the term `1991 crop' shall include any program crop planted in 1991 for harvest in 1992.

Animal and Plant Health Inspection Service

Notwithstanding any other provision of law, funds available to the Animal and Plant Health Inspection Service of the Department of Agriculture for fiscal year 1992 shall be made available as a grant in the amount of $530,000 to the State of Maine Department of Agriculture, Food and Rural Resources for potato disease detection, control, prevention, eradication and related activities including the payment of compensation to persons for economic losses associated with such efforts conducted or to be conducted in the State of Maine and any unobligated balances of funds previously appropriated or earmarked for potato disease efforts by the Secretary of Agriculture shall remain available until expended by the Secretary.

Soil Conservation Service

WATERSHED AND FLOOD PREVENTION OPERATIONS

Millions of acres of land have been damaged by natural disasters, seriously affecting the local economy of much of the Nation. To respond to the effects of recent droughts, floods, freezes, tornadoes, and other catastrophes, an additional $28,000,000, to remain available until expended, to carry out the Emergency Watershed Protection Program of the Soil Conservation Service.

Food and Nutrition Service

special supplemental food program for women, infants, and children (wic)

For an additional amount for the Special Supplemental Food Program for Women, Infants and Children, $100,000,000.

CROP INSURANCE

Effective only for the 1991 crop year, Section 321(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(b)) shall not apply to persons who otherwise would be eligible for an emergency loan under subtitle C of such Act.'

CHAPTER IV

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' to meet dire emergency needs resulting from devastating flooding in the lower Mississippi Valley, $15,000,000, to remain available until expended.

OPERATION AND MAINTENANCE, GENERAL

For an additional amount for `Operation and Maintenance, General', $15,000,000, to remain available until expended.

flood control and coastal emergencies

For an additional amount for `Flood Control and Coastal Emergencies', $10,000,000, to remain available until expended.

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

construction program

Of the amount appropriated under this heading in the Energy and Water Development Appropriations Act, 1992 (Public Law 102-104), up to $5,440,000 shall be available for Buffalo Bill Dam Modification, Wyoming, as proposed in the United States Department of the Interior Budget Justifications, Fiscal Year 1992, for the Bureau of Reclamation, subject to authorization.

CHAPTER V

DEPARTMENT OF STATE

Administration of Foreign Affairs

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

For an additional amount for `Emergencies in the Diplomatic and Consular Service', $5,000,000, to remain available until expended, for rewards to individuals as authorized by 22 U.S.C. 2708: Provided, That such funds shall be available for obligation notwithstanding section 15 of the State Department Basic Authorities Act, as amended.

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount for `Operations, research, and facilities', $300,000, to remain available until expended, to be expended through the Interjurisdictional Fisheries Program for the Quahog Transplant Fund of the Rhode Island Department of Environmental Management for the restoration of shellfishing beds damaged by Hurricane Bob.

UNITED STATES INFORMATION AGENCY

Salaries and Expenses

(transfer of funds)

For an additional amount for `Salaries and expenses', $5,600,000, to be derived by transfer from unobligated balances of Board for International Broadcasting, `Israel Relay Station', to be available for the costs of the participation of the United States in the 1992 Columbus Quincentennial Expositions in Seville, Spain, and Genoa, Italy.

CHAPTER VI

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control

disease control, research, and training

For an additional amount for the Childhood Immunization Program, $90,000,000.

Administration for Children and Families

human development services

For an additional amount for carrying out the Head Start Act, $1,200,000,000: Provided, That this amount shall not be subject to sections 640(a)(2)(C), 637(5)(B) and 640(a)(3)(A) of that Act.

CHAPTER VII

DEPARTMENT OF DEFENSE--MILITARY

PROCUREMENT

NATIONAL GUARD AND RESERVE EQUIPMENT

For an additional amount for `National Guard and Reserve Equipment', $10,100,000 to remain available until September 30, 1994, for the purchase of one MH-60G helicopter.

TITLE II--GENERAL PROVISIONS

CONGRESSIONAL DESIGNATION OF EMERGENCY

SEC. 200. Although the President has only designated portions of the funds in this joint resolution pertaining to the incremental costs of Desert Shield/Desert Storm and certain Federal Emergency Management Agency costs as `emergency requirements', the Congress believes that the same or higher priority should be given to helping American people recover from natural disasters and other emergency situations as has been given to foreign aid `emergency' needs. The Congress therefore designates all funds in this joint resolution as `emergency requirements' for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 201. No part of any appropriation contained in this joint resolution shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
SEC. 202. Notwithstanding any other provision of this joint resolution, funds in this joint resolution, other than those made available by transfer, are available for obligation only to the extent and only in the amount designated by the President, not later than the date of enactment of this joint resolution, to be emergency funding requirements within the meaning of part C of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

CONSTRUCTION OF MEDICAL FACILITY, NELLIS AIR FORCE BASE, NEVADA

SEC. 203. The Secretary of Defense shall continue the construction of a composite medical replacement facility located at Nellis Air Force Base, Nevada, as authorized in the Military Construction Authorization Act for Fiscal Years 1990 and 1991 (division B of Public Law 101-189), the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101-510) and the Military Construction Authorization Act for Fiscal Years 1992 and 1993 and as provided for in the Military Construction Appropriations Act, 1991 (Public Law 101-519) (and the Military Construction Appropriations Act 1992 (Public Law 102-136)).
SEC. 204. Upon the enactment of a provision of law authorizing the Architect of the Capitol to accept donations for the benefit of the Botanic Garden, not more than $2,000,000 of the amounts accepted pursuant to such authorization shall be available for obligation by the Architect for preparation of working drawings, specifications, and cost estimates for renovation of the Conservatory of the Botanic Garden.
SEC. 205. From the funds made available for Land Acquisition of the United States Fish and Wildlife Service in the fiscal year 1992 Department of the Interior and Related Agencies Appropriations Act (Public Law 102-154), $965,000 is hereby appropriated by transfer to the Resource Management account of the United States Fish and Wildlife Service.
SEC. 206. The appropriation entitled `FISHING VESSEL OBLIGATIONS GUARANTEES' in Public Law 102-140 is amended by striking from the colon after the sum `$1,000,000' through to and including the sum `$10,000,000'.

RESTRICTIONS ON ASSISTANCE FOR KENYA

SEC. 207. (a) RESTRICTIONS- None of the funds appropriated by this joint resolution or any other provision of law under the heading `Economic Support Fund' or `Foreign Military Financing Program' may be made available for Kenya unless the President determines, and so certifies to the Congress, that the Government of Kenya--
(1) has released all political detainees and has ended the prosecution of individuals for the peaceful expression of their political beliefs;
(2) has ceased the physical abuse or mistreatment of prisoners;
(3) has restored judicial independence;
(4) has taken significant steps toward respecting human rights and fundamental freedoms, including the freedom of thought, conscience, belief, expression, and the freedom to establish political parties and organizations; and
(5) has implemented the principle of freedom of movement, including the right of all citizens of Kenya to leave and return to their country.
(b) Prohibition-
(1) LIMITATION ON NEW PROJECT ASSISTANCE- During fiscal year 1992, funds appropriated by this or any other Act to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961 that are provided for assistance to the Government of Kenya for new projects shall be made available only for new projects--
(A) that promote basic human needs, directly address poverty, enhance employment generation, and address environmental concerns; or
(B) to improve the performance of democratic institutions, or otherwise promote the objectives being sought in the certification required by subsection (a).
(2) CONGRESSIONAL NOTIFICATION- During fiscal year 1992, none of the funds appropriated by this or any other Act to carry out the provisions of chapters 1 and 10 of the Foreign Assistance Act of 1961 shall be obligated unless the Committees on Appropriations are notified at least 15 days in advance in accordance with the regular notification procedures of those Committees.
(3) APPLICABILITY- The provisions of paragraphs (1), and (2) of this subsection shall cease to apply 30 days after the certification described in subsection (a) is made to the Congress.
(c) DATE OF AVAILABILITY OF FUNDS- None of the funds appropriated by this joint resolution or any other provision of law under the heading `Economic Support Fund' or `Foreign Military Financing Program' may be obligated or expended for Kenya until 30 days after the certification described in subsection (a) is made to the Congress.

SEC. 208. SENSE OF CONGRESS REGARDING UNITED STATES RECOGNITION OF UKRAINIAN INDEPENDENCE.

(a) FINDINGS- Congress makes the following findings:
(1) On August 24, 1991, the democratically elected Ukrainian parliament declared Ukrainian independence and the creation of an independent, democratic state--Ukraine.
(2) That declaration reflects the desire of the people of Ukraine for freedom and independence following long years of communist oppression, collectivization, and centralization.
(3) On December 1, 1991, a republic-wide referendum will be held in Ukraine to confirm the August 24, 1991, declaration of independence.
(4) Ukraine is pursuing a peaceful and democratic path to independence and has pledged to comply with the Helsinki Final Act and other documents of the Conference on Security and Cooperation in Europe.
(5) Ukraine and Russia signed an agreement on August 29, 1991, recognizing each other's rights to state independence and affirming each other's territorial integrity.
(6) Ukraine, a nation of 52,000,000 people, with its own distinct linguistic, cultural, and religious traditions, is determined to take its place among the family of free and democratic nations of of the world.
(7) The Congress has traditionally supported the rights of people to peaceful and democratic self-determination.
(8) As recognized in Article VIII of the Helsinki Final Act of the Conference on Security and Cooperation in Europe, `all peoples always have the right, in full freedom, to determine, when and as they wish, their internal and external political status, without external interference, and to pursue as they wish their political, economic, social and cultural development'.
(b) SENSE OF CONGRESS- It is the sense of the Congress that the President--
(1) should recognize Ukraine's independence and undertake steps toward the establishment of full diplomatic relations with Ukraine should the December 1, 1991, referendum confirm Ukrainian parliament's independence declaration; and
(2) should use United States assistance, trade, and other programs to support the Government of Ukraine and encourage the further development of democracy and a free market in Ukraine.
SEC. 209. Notwithstanding the provisions of section 728(a) of the Public Health Service Act, or any other provision of law, Federal loan insurance pursuant to subpart I of part C of the Public Health Service Act may be granted for loans to new and previous borrowers. The fiscal year 1992 ceiling shall be $290,000,000, as set forth in H.R. 3839, the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1992.

WAIVER OF CERTAIN RECOVERY REQUIREMENTS

SEC. 210. Section 2713(d) of the Public Health Service Act (42 U.S.C. 300aaa-12(d)) is amended by striking `(a)(2)' and inserting `(a)'.

USE BY STATES OF FORFEITED REAL PROPERTY FOR STATE PARKS OR RELATED PURPOSES

SEC. 211. Section 511(e) of the Controlled Substances Act (21 U.S.C. 881(e)) is amended--
(1) in paragraph (1)(B), by striking `sell,' and inserting `except as provided in paragraph (4), sell,'; and
(2) by adding at the end the following new paragraph:
`(4)(A) With respect to real property described in subparagraph (B), if the chief executive officer of the State involved submits to the Attorney General a request for purposes of such subparagraph, the authority established in such subparagraph is in lieu of the authority established in paragraph (1)(B).
`(B) In the case of property described in paragraph (1)(B) that is civilly or criminally forfeited under this title, if the property is real property that is appropriate for use as a public area reserved for recreational or historic purposes or for the preservation and natural conditions, the Attorney General, upon the request of the chief executive officer of the State in which the property is located, may transfer title to the property to the State, either without charge or for a nominal charge, through a legal instrument providing that--
`(i) such use will be the principal use of the property; and
`(ii) title to the property reverts to the United States in the event that the property is used otherwise.'.

SENSE OF THE SENATE

SEC. 212. (a)(1) Lamen Khalifa Fhimah and Abdel Basset Ali Megrahi have been indicted by the Justice Department for conspiracy to destroy a United States aircraft and kill one hundred and eighty nine United States nationals in violation of sections 2331 and 2 of title 18, United States Code, and section 371 of title 18, United States Code,
(2) The above named individuals have been indicted for causing the destruction of a United States carrier plane, Pan Am Flight 103, used in foreign commerce, over Lockerbie, Scotland on December 21, 1988, in violation of sections 32(a)(1), 34, and 2 of title 18, United States Code; and section 844(i) and 2, of title 18, United States Code,
(3) The meticulous investigation by the Federal Bureau of Investigation, the Justice Department and the various other agencies involved in the events, has lead to these indictments,
(4) Authorities from Scotland, the United Kingdom, Switzerland, Malta, Germany, Sweden, and France have participated in the almost three-year investigation of the destruction of Pan Am Flight 103,
(5) The families of the victims of Pan Am Flight 103 have suffered untold grief at the loss of their loved ones.
(b) It is the sense of the Senate that--
(1) the President of the United States should pursue by any and all legal means the apprehension for trial in the United States, Lamen Khalifa Fhimah and Abdel Basset Ali Megrahi who have been indicted by the Justice Department for their roles in the destruction of Pan Am Flight 103 on December 21, 1988;
(2) the President should offer rewards for information leading to the arrest and return to the United States for trial for the above named individuals as part of the State Department's Terrorism Information Reward Fund, under section 2709 of title 22, United States Code; and the Justice Department's Terrorism Information Reward Fund, under section 3071 of title 18, United States Code;
(3) the President should pursue the apprehension of the above named individuals even if force is necessary under the Ker-Frisbie Doctrine; and
(4) Notwithstanding the indictments of the above named individuals, the investigation of the bombing of Pan Am Flight 103 must continue to be vigorously and intensively pursued in order to bring to justice the individuals who ordered, directed, and paid for the commission of this terrible crime, no matter where they may be located.
SEC. 213. Notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this or any other Act may be used to carry out the Department of Defense policy set out in the memorandum of the Assistant Secretary of Defense, Health Affairs, dated June 21, 1988 (Subject: DoD Policy Regarding Providing Non-Funded Abortions in Outside the Continental United States Military Medical Treatment Facilities) or to promulgate or carry out any other policy having the same substance, consistent with existing laws and policies governing military medical care for a member of the uniformed services and any dependent of the member.
SEC. 214. (a) IN GENERAL- (1) Chapter 55 of title 10, United States Code is further amended by inserting the following new section:

`Sec. . Reproductive Health Services in Medical Facilities of the Uniformed Services outside the United States'

(a) PROVISION OF SERVICES- A member of the uniformed services who is on duty at a station outside the United States (and any dependent of the member who is accompanying the member) is entitled to the provision of any reproductive health service in a medical facility of the uniformed services outside the United States serving that duty station, consistent with existing laws and policies governing military medical care for a member of the uniformed services and any dependent of the member.
(b) PAYMENT FOR SERVICES- (1) In the case of any reproductive health service for which appropriated funds may not be used, the administering Secretary shall require the member of the uniformed service (or dependent of the member) receiving the service to pay the full cost including indirect cost of providing the service.
(2) If payment is made under paragraph (1), appropriated funds shall not be considered to have been used to provide a reproductive health service under subsection (a). The amount of such payment shall be credited to the accounts of the facility at which the service was provided.

EMERGENCY DEPARTMENT OF THE INTERIOR FIREFIGHTING FUND

SEC. 215. The fiscal year 1992 Department of The Interior and Related Agencies Appropriation Act (Public Law 102-154) is hereby amended by adding the words `, emergency presuppression' in both instances after the words `emergency rehabilitation' which appear under this head in said Act.

EMERGENCY FOREST SERVICE FIREFIGHTING FUND

SEC. 216. The fiscal year 1992 Department of the Interior and Related Agencies Appropriations Act (Public Law 102-154) is hereby amended by adding the words `, emergency presuppression' in both instances after the words `emergency rehabilitation' which appear under this head in said Act.

EXTENSIONS OF CERTAIN FERC-ISSUED LICENSES

SEC. 217. (a) IN GENERAL- Notwithstanding the time limitations of section 13 of the Federal Power Act (16 U.S.C. 806), the Federal Energy Regulatory Commission, upon the request of the licensees for Federal Energy Regulatory Commission Projects Nos. 3033, 3034, and 3246 (and after reasonable notice), is authorized, in accordance with the good faith, due diligence, and public interest requirements of such section and the Commission's procedures under such section, to extend--
(1) until August 10, 1994, the time required for the licensee to acquire the required real property and commence the construction of Project No. 3033, and until August 10, 1999, the time required for completion of construction of the project;
(2) until August 10, 1996, the time required for the licensee to acquire the required real property and commence the construction of Project No. 3034, and until August 10, 2001, the time required for completion of construction of the project; and
(3) until October 15, 1995, the time required for the licensee to acquire the required real property and commence the construction of Project No. 3246, and until October 15, 1999, the time required for completion of construction of the project.
(b) TERMINATION OF AUTHORIZATION- The authorization for issuing extensions under this section shall terminate 3 years after the date of enactment of this section.
(c) CONSOLIDATION OF REQUESTS- To facilitate requests under this section, the Commission may consolidate the requests.

MONITORING OF DOMESTIC USES MADE OF CERTAIN FOREIGN GRAIN AFTER IMPORTATION

SEC. 218. (a) DEFINITIONS- For purposes of this section:
(1) ENTRY- The term `entry' means the entry into, or the withdrawal from warehouse for consumption in, the customs territory of the United States.
(2) FOREIGN GRAIN- The term `foreign grain' means any of the following, if a product of any foreign country or instrumentality:
(A) Wheat provided for in heading 1001 of the Harmonized Tariff Schedule of the United States.
(B) Barley provided for in heading 1003.00 of such Schedule.
(C) Oats provided for in heading 1004.00.00 of such Schedule.
(b) Certification Requirements Regarding Foreign Grain-
(1) END-USE CERTIFICATE- An end-use certificate that meets the requirements of subsection (c) shall be included in the documentation covering the entry of any foreign grain.
(2) QUARTERLY REPORTS- A consignee of imported foreign grain shall submit to the Secretary of Agriculture a quarterly report that certifies--
(A) what percentage of the foreign grain covered by an end-use certificate was used by the consignee during the quarter; and
(B) that the grain referred to in paragraph (1) was used by the consignee for the purpose stated in the end-use certificate.
(c) END-USE CERTIFICATE AND QUARTERLY REPORT CONTENT- The end-use certificates and quarterly reports required under subsection (b) shall be in such form, and require such information, as the Secretary of Agriculture considers necessary or appropriate to carry out the purposes of this section, including--
(1) in the case of the end-use certificate--
(A) the name and address of the importer of record of the foreign grain;
(B) the name and address of the consignee of the grain;
(C) the identification of the country of origin of the grain;
(D) a description by class and quantity of the grain covered by the certificate;
(D) specification of the purpose for which the consignee will use the grain; and
(E) the identification of the transporter of the grain from the port of entry to the processing facility of the consignee; and
(2) in the case of the quarterly report--
(A) the information referred to in subparagraphs (A) and (B) of paragraph (1);
(B) the identification of the end-use certificates currently held by the consignee;
(C) a statement of the quantity of the foreign grain covered by each of the end-use certificates identified under subparagraph (B) that was used during the quarter;
(D) a statement of the use made during the quarter by the consignee of each quantity referred to in subparagraph (C); and
(E) a statement of the quantity of wheat, barley, and oats that have been exported by the consignee during the quarter.
(d) REGULATIONS- The Secretary of Agriculture shall prescribe such requirements regarding the preparation and submission of the quarterly reports required under subsection (b)(2) as may be necessary or appropriate to carry out the purposes of this section.
(e) Penalties-
(1) CUSTOMS PENALTIES- End-use certificates required under this section shall be treated as any other customs documentation for purposes of applying the customs laws that prohibit the entry, or the attempt to enter, merchandise by fraud, gross negligence, or negligence.
(2) CIVIL PENALTIES- Any person who knowingly violates any requirement prescribed by the Secretary of Agriculture to carry out this section is punishable by a civil penalty in an amount not to exceed $10,000.
(f) ENTRY PROHIBITED UNLESS END-USE CERTIFICATE PRESENTED- The Commissioner of Customs may not permit the entry of foreign grain unless the importer of record presents at the time of entry of the grain an end-use certificate that complies with the applicable requirements of subsection (c).

SUSPENSION OR DEBARMENT FOR USE OF FOREIGN GRAIN IN CERTAIN AGRICULTURAL TRADE PROGRAMS

SEC. 219. (a) DEFINITIONS- As used in this section:
(1) AGRICULTURAL TRADE PROGRAM- The term `agricultural trade program' means an export promotion, export credit, credit guarantee, bonus, or other export or food aid program carried out through, or administered by, the Commodity Credit Corporation, including such a program carried out under--
(A) the Agricultural Trade Act of 1978 (7 U.S.C. 5601 et seq.);
(B) the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.);
(C) section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); or
(D) section 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c).
(2) FOREIGN GRAIN- The term `foreign grain' means any of the following, if a product of any foreign country or instrumentality:
(A) Wheat provided for in heading 1001 of the Harmonized Tariff Schedule of the United States.
(B) Barley provided for in heading 1003.00 of such Schedule.
(C) Oats provided for in heading 1004.00.00 of such Schedule.
(b) HEARING- The Commodity Credit Corporation shall provide a person with an opportunity for a hearing before suspending or debarring the person from participation in an agricultural trade program for using foreign grain in violation of the terms and conditions of the program.
(c) WAIVER-
(1) IN GENERAL- The Commodity Credit Corporation may waive the suspension or debarment of a person from participation in an agricultural trade program for using foreign grain in violation of the terms and conditions of the program if the use of the grain by the person was unintentional and the quantity of grain involved was small.
(2) OTHER PENALTIES- Any waiver by the Commodity Credit Corporation of a suspension or debarment of a person under paragraph (1) shall not affect the liability of the person for any other penalty imposed under an agricultural trade program for the quantity of foreign grain involved.
SEC. 220. The Secretary of Interior shall direct the National Park Service to consult with the Bureau of Indian Affairs and the Crow Tribe of Montana to explore joint opportunities with the private sector for the purpose of implementing the Park Service 1986 General Management Plan for the Custer Battlefield National Monument. The Secretary shall provide an interim report to the appropriate committees by February 15, 1992.
SEC. 221. Unobligated funds in the amount of $990,000 authorized and appropriated under Public Law 102-143 for bridge safety repairs in Vermont shall be made available as follows--$350,000 to the City of Barre for the Granite Street Bridge, $350,000 to the City of Montpelier for the Bailey Avenue Bridge, $90,000 to the Town of Brandon for the replacement of the Dean Bridge, and $90,000 for the Town of Williston and $110,000 for the Town of Essex for the North Williston Road Bridge--without regard to whether or not such expenses are incurred in accordance with sections 101, 106, 110, and 120 of title 23 of the United States Code.

WAIVER OF CERTAIN PERSONNEL PROVISIONS

SEC. 222. In the administration of the provisions of subchapter IV of chapter 35, United States Code, the Secretary of State may waive any 5-year limitation under such subchapter (including periods of separation under section 3582(b) and reemployment under sections 3581(5) and 3582(c) of such title) relating to any employee of the United States who on the date of the enactment of this section is serving with the Intergovernmental Panel on Climate Change, except such waiver may not extend any such 5-year period for more than an additional period of 2 years, with a possible further extension of 1 year.

SEALS OF THE UNITED STATES SENATE AND THE UNITED STATES HOUSE OF REPRESENTATIVES

SEC. 223. (a) The caption for section 713 of title 18, United States Code, is amended to read as follows:

`Sec. 713. Use of likenesses of the great seal of the United States, the seals of the President and Vice President, and the seals of the United States Senate and the United States House of Representatives'

(b) Section 713 of title 18, United States Code, is amended to read as follows:
`(a) Whoever knowingly displays any printed or other likeness of the great seal of the United States, or of the seals of the President or the Vice President of the United States or of the seals of the United States Senate or United States House of Representatives, or any facsimile thereof, in, or in connection with, any advertisement, poster, circular, book, pamphlet, or other publication, public meeting, play, motion picture, telecast, or other production, or on any public building, monument, or stationery, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, or instrumentality thereof, shall be fined not more than $5,000 or imprisoned not more than six months, or both.
`(b) Whoever, except as authorized under regulations promulgated by the President and published in the Federal Register, knowingly manufactures, reproduces, sells, or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seals of the President or Vice President, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined not more than $5,000 or imprisoned not more than six months, or both.
`(c) Whoever, except as directed by the United States Senate, or the Secretary of the Senate on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeliness of the seal of the United States Senate, or any substantial part thereof, shall be fined not more than $5,000 or imprisoned not more than six months, or both.
`(d) Whoever, except as directed by the United States House of Representatives, or the Clerk of the House on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States House of Representatives, or any substantial part thereof, shall be fined not more than $5,000 or imprisoned not more than six months, or both.
`(e) A violation of subsection (a), (b), (c), or (d) of this section may be enjoined at the suit of the Attorney General upon complaint by any authorized representative of any branch, department or agency of the United States.'
(c) The table of sections for chapter 33 of title 18, United States Code, is amended by striking the item for section 713 and inserting the following:
`713. Use of likenesses of the great seal of the United States, the seals of the President and Vice President, and the seals of the United States Senate and the United States House of Representatives.'.
SEC. 224. Notwithstanding any other provision of law, amounts received by the United States for restitution and future restoration (including replacement or acquisition of equivalent natural resources) in settlement of United States v. Exxon Corporation and Exxon Shipping Company (Case No. A90-015-1CR and 2CR), hereinafter the Plea Agreement, United States v. Exxon Corporation et al. (Civil No. A91-082 CIV) and State of Alaska v. Exxon Corporation et al. (Civil No. A91-083 CIV), hereinafter referred to together as the Agreement and Consent Decree, as approved by the United States District Court for the District of Alaska on October 8, 1991, in fiscal year 1992 and thereafter shall be deposited in the Oil Spill Liability Trust Fund (26 U.S.C. 9509). Such funds, and the interest accruing thereon, shall be available to the Federal Trustees identified in the Agreement and Consent Decree for necessary expenses, incurred after October 8, 1991, for restoration of areas affected by the discharge of oil from the T/V EXXON VALDEZ on March 23-24, 1989, for fiscal year 1992 and thereafter in accordance with the Plea Agreement and the Agreement and Consent Decree: Provided, That such funds shall remain available until expended: Provided further, That such funds may be transferred to any account, as authorized by section 311(f)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(f)(5)), to carry out the provisions of the Plea Agreement and the Agreement and Consent Decree.'
SEC. 225. Section 2251(1) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 1421 note) is amended by inserting `fire blight,' after `earthquake,'.
SEC. 226. (a) Section 2256(1) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 1421 note) is amended by inserting after `replanting trees lost' the following: `and rehabilitation or restoring trees damaged'.
(b) Section 2257(a) of such Act (7 U.S.C. 1421 note) is amended by striking `$25,000' and inserting `$75,000'.
This joint resolution may be cited as the `Dire Emergency Supplemental Appropriations and Transfers for Relief From the Effects of Natural Disasters, for Other Urgent Needs, and for Incremental Cost of `Operation Desert Shield/Desert Storm' Act of 1992'.

Amend the title so as to read: `Joint resolution making dire emergency supplemental appropriations and transfers for relief from the effects of natural disasters, for other urgent needs, and for incremental costs of `Operation Desert Shield/Desert Storm' for the fiscal year ending September 30, 1992, and for other purposes.'.

Attest:

Secretary.

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