13 October 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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[DOCID: f:hd314.105]
From the House Documents Online via GPO Access
[wais.access.gpo.gov]

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


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

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

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

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

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

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

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

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

                         DEPARTMENT OF DEFENSE

                       Operation and Maintenance

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance,
Defense-Wide,'' $200,000,000, to remain available until
expended: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
Secretary of Defense may transfer these funds to fiscal year
1998 or fiscal year 1999 appropriations for operation and
maintenance; procurement; research, development, test and
evaluation; and family housing: Provided further, That the
funds transferred shall be merged with and available for the
same purposes and for the same time period as the appropriation
to which transferred: Provided further, That the transfer
authority provided in this paragraph is in addition to any
other transfer authority provided in the fiscal year 1998 or
fiscal year 1999 Department of Defense Appropriations Act.
    This supplemental request would provide funds to the
Department of Defense to respond to the terrorist bombings of
the U.S. embassy facilities in Nairobi, Kenya and Dar es
Salaam, Tanzania (Operation Resolute Response), and for
counter-terrorism, anti-terrorism, and security enhancement and
other programs. Further details on these initiatives are being
provided under separate cover.
    The entire amount requested has been designated by the
President as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------

                         DEPARTMENT OF DEFENSE

                           General Provisions

    Sec.  Funds appropriated by this Act, or made available by
the transfer of funds in this Act, to any intelligence agency
or intelligence activity of the United States Government shall
be deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 404) during fiscal years 1998 and 1999.
    This language proposal would provide the authorization
required by the National Security Act of 1947 to obligate funds
for intelligence activities.
                                ------

                         DEPARTMENT OF DEFENSE

                           General Provisions

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

                       DEPARTMENT OF THE INTERIOR

                         National Park Service

                 operation of the national park system

    For an additional amount for ``Operation of the National
Park System'' for emergency security related expenses,
$2,320,000, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
     This supplemental request would provide funds to the
National Park System for security enhancements.
     The entire amount requested has been designated by the
President as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------

                       DEPARTMENT OF THE INTERIOR

                         National Park Service

                              construction

    For an additional amount for ``Construction'' for emergency
security related expenses, $3,680,000, to remain available
until expended: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
    This supplemental request would provide funds for
additional security measures in the National Park System.
    The entire amount requested has been designated by the
President as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------

                         DEPARTMENT OF JUSTICE

                    Federal Bureau of Investigation

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses,''
$21,680,000, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
    This request would provide additional funds for staff and
equipment to increase the capacity and capability of the
Federal Bureau of Investigation to respond to acts of
terrorism.
    The entire amount requested has been designated by the
President as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    Notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, an additional amount for ``Diplomatic
and Consular Programs,'' $748,000,000, to remain available
until expended: Provided, That as determined by the Secretary
of State, such funds may be used to procure services and
equipment overseas necessary to improve worldwide security and
reconstitute embassy operations in Kenya and Tanzania on behalf
of any other agency: Provided further, That the entire amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
    This supplemental request would provide funds for
reconstitution of embassy activities in Nairobi, Kenya and Dar
es Salaam, Tanzania, and for security improvements for overseas
facilities.
    The entire amount requested has been designated by the
President as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                         Salaries and Expenses

    Notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, an additional amount for ``Salaries
and Expenses,'' $12,000,000, to remain available until
expended: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
     This supplemental request would provide funds for
additional personal property claims, transportation costs, and
death gratuities resulting from the bombing of embassy
facilities in Nairobi, Kenya and Dar es Salaam, Tanzania.
     The entire amount requested has been designated by the
President as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                      Office of Inspector General

    Notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, an additional amount for ``Office of
Inspector General,'' $1,000,000, to remain available until
expended: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
     This supplemental request would provide funds to enable
the Inspector General to carry out additional security
oversight and construction inspections at U.S. diplomatic posts
abroad.
     The entire amount requested has been designated by the
President as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

           Security and Maintenance of United States Missions

    Notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, an additional amount for ``Security
and Maintenance of United States Missions,'' $627,000,000, to
remain available until expended; of which $56,000,000 is for
security projects, relocations, and security equipment on
behalf of missions of other U.S. Government agencies, which
amount may be transferred to any appropriation for this
purpose, to be merged with and available for the same time
period as the appropriation to which transferred; and of which
$185,000,000 is for capital improvements or relocation of
office and residential facilities to improve security, which
amount shall become available fifteen days after notice thereof
has been transmitted to the Appropriations Committees of both
Houses of Congress: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
     This supplemental request would provide funds for
reconstruction of embassy facilities in Nairobi, Kenya and Dar
es Salaam, Tanzania, for reconstitution of embassy activities
in interim facilities, and for other activities that improve
the security of overseas facilities of the State Department and
other Federal agencies.
     The entire amount requested has been designated by the
President as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

           Emergencies in the Diplomatic and Consular Service

    Notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, an additional amount for ``Emergencies
in the Diplomatic and Consular Service,'' $10,000,000, to
remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
     This supplemental request would provide funds for
emergency expenditures resulting from the bombing of embassy
facilities in Nairobi, Kenya and Dar es Salaam, Tanzania,
including expenses related to evacuations, rewards, and the
medical and other needs of employees and their families.
     The entire amount requested has been designated by the
President as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------

                       DEPARTMENT OF THE TREASURY

                Federal Law Enforcement Training Center

                         Salaries and Expenses

    For an additional amount for ``Salaries and Expenses,''
$4,043,000, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
     This proposal would provide funds to pay for the training
of new Secret Service and State Department law enforcement
personnel requested in other supplemental appropriations
proposals in this transmittal.
     The entire amount requested has been designated by the
President as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------

                       DEPARTMENT OF THE TREASURY

                      United States Secret Service

                         Salaries and Expenses

    For an additional amount for ``Salaries and Expenses,''
$86,317,000, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
     This proposal would provide funds to pay for personnel and
equipment for increased protection activities.
     The entire amount requested has been designated by the
President as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   International Security Assistance

                         Economic Support Fund

    Notwithstanding section 10 of P.L. 91-672, an additional
amount for ``Economic Support Fund'' for assistance to Kenya
and Tanzania, $50,000,000, to remain available until expended:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
    This supplemental request would provide funds for
assistance to Kenya and Tanzania in response to bombings in
those countries.
    The entire amount requested has been designated by the
President as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   International Security Assistance

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

    Notwithstanding section 15 of the State Department Basic
Authorities Act of 1956 and section 10 of P.L. 91-672, an
additional amount for ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'' for anti-terrorism assistance,
$20,000,000, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
    This supplemental request would provide additional funds
for the State Department's anti-terrorism assistance program.
    The entire amount requested has been designated by the
President as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.

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