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106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 106–143

MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS

FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1999, AND

FOR OTHER PURPOSES

MAY 14, 1999.—Ordered to be printed

Mr. YOUNG of Florida, from the Committee of Conference,

submitted the following

CONFERENCE REPORT

[To accompany H.R. 1141]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H.R. 1141)

‘‘making emergency supplemental appropriations for the fiscal year

ending September 30, 1999, and for other purposes,’’ having met,

after full and free conference, have agreed to recommend and do

recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as

follows:

In lieu of the matter stricken and inserted by said amendment,

insert:

That the following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, for the fiscal year ending September 30, 1999, and for other purposes, namely:

TITLE I—EMERGENCY SUPPLEMENTAL APPROPRIATIONS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND SEASONAL

FARMWORKERS

For emergency grants to assist low-income migrant and seasonal farmworkers under section 2281 of the Food, Agriculture,

Conservation, and Trade Act of 1990 (42 U.S.C. 5177a),
2

$20,000,000: Provided, That the entire amount shall be available

only to the extent an official budget request for $20,000,000, 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.

AGRICULTURAL MARKETING SERVICE

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32)

For an additional amount for the fund maintained for funds

made available under section 32 of the Act of August 24, 1935 (7

U.S.C. 612c), $145,000,000: Provided, That the entire amount shall

be available only to the extent an official budget request for

$145,000,000, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to Congress: Provided further, That the

entire amount is designated by the Congress as an emergency requirement under section 251(b)(2)(A) of such Act: Provided further,

That the Secretary of Agriculture may waive the limitation established under the second sentence of the second paragraph of section

32 of the Act of August 24, 1935 (7 U.S.C. 612c), on the amount of

funds that may be devoted during fiscal year 1999 to any one agricultural commodity or product thereof.

FARM SERVICE AGENCY

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $42,753,000, 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.

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For additional gross obligations for the principal amount of direct and guaranteed loans as authorized by 7 U.S.C. 1928–1929, to

be available from funds in the Agricultural Credit Insurance Fund,

as follows: farm ownership loans, $550,000,000, of which

$350,000,000 shall be for guaranteed loans; operating loans,

$370,000,000, of which $185,000,000 shall be for subsidized guaranteed loans; and for emergency insured loans, $175,000,000 to

meet the needs resulting from natural disasters.

For the additional cost of direct and guaranteed loans, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, to remain available until September

30, 2000, as follows: farm ownership loans, $35,505,000, of which

$5,565,000 shall be for guaranteed loans; operating loans,
3

$28,804,000, of which $16,169,000 shall be for subsidized guaranteed loans; and for emergency insured loans, $41,300,000 to meet

the needs resulting from natural disasters; and for additional administrative expenses to carry out the direct and guaranteed loan

programs, $4,000,000: Provided, That of the total amount appropriated, up to $29,998,000 may be transferred to the ‘‘Farm Service

Agency Salaries and Expenses’’ account with prior notification to

the House and Senate Committees on Appropriations: Provided further, That the entire amounts are designated by the Congress as

emergency requirements pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

Funds appropriated by this Act or by the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies

Appropriations Act, 1999 (Public Law 105–277) to the Agricultural

Credit Insurance Program Account for farm ownership and operating direct loans and guaranteed loans may be transferred among

these programs with the prior approval of the House and Senate

Committees on Appropriations.

EMERGENCY CONSERVATION PROGRAM

For an additional amount for the ‘‘Emergency Conservation

Program’’ for expenses resulting from natural disasters,

$28,000,000, to remain available until expended: Provided, That

funds made available under this heading by Public Law 105–174

to provide cost-sharing assistance to maple producers to replace taps

and tubing that were damaged by ice storms in northeastern States

in 1998 may be used to carry out any activity authorized under the

Emergency Conservation Program: Provided further, That funds

made available under this heading may be used for restoration of

streambanks in the Northeast in non-flood prone areas as determined by the county committees: Provided further, That the entire

amount shall be available only to the extent that an official budget

request for $28,000,000, that includes designation of the entire

amount of the request as an emergency requirement as defined in

the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress: Provided

further, That the entire amount is designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of such Act.

COMMODITY CREDIT CORPORATION FUND

LIVESTOCK INDEMNITY PROGRAM

An amount of $3,000,000 is appropriated to the Secretary to implement a livestock indemnity program. Such program shall be effective only for losses beginning on May 2, 1998, through the date

of the enactment of this Act from natural disasters declared pursuant to a Presidential or Secretarial declaration requested prior to

the date of the enactment of this Act. The Secretary shall, to the extent practicable, provide benefits at a level and in a manner similar

to the Livestock Indemnity Programs carried out during 1997 and

1998: Provided, That in administering the program, the Secretary

shall, to the extent practicable, utilize gross income and payment

limitations conditions established for the Disaster Reserve Assist-
4

ance Program for the 1996 crop year: Provided further, That the entire amount shall be available only to the extent an official budget

request for $3,000,000, 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.

NATURAL RESOURCES CONSERVATION SERVICE

WATERSHED AND FLOOD PREVENTION OPERATIONS

For an additional amount for ‘‘Watershed and Flood Prevention

Operations’’ to repair damages to the waterways and watersheds resulting from natural disasters, $95,000,000, to remain available

until expended: Provided, That the entire amount shall be available

only to the extent that an official budget request for $95,000,000,

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.

RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS

RURAL COMMUNITY ADVANCEMENT PROGRAM

For an additional amount for the cost of direct loans and

grants of the rural utilities programs described in section

381E(d)(2) of the Consolidated Farm and Rural Development Act (7

U.S.C. 2009f), as provided in 7 U.S.C. 1926(a) and 7 U.S.C. 1926C

for distribution through the national reserve, $30,000,000, of which

$25,000,000 shall be for grants under such program: 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

such Act.

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

For additional gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing

Act of 1949, to be available from funds in the rural housing insurance fund to meet needs resulting from natural disasters, as follows:

$10,000,000 for loans to section 502 borrowers, as determined by the

Secretary; and $1,000,000 for section 504 housing repair loans.

For the additional cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, to remain available until expended,
5

$1,534,000, as follows: section 502 loans, $1,182,000; and section

504 housing repair loans, $352,000: Provided, That the entire

amount shall be available only to the extent that an official budget

request for $1,534,000, 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.

RURAL HOUSING ASSISTANCE GRANTS

For an additional amount for grants for very low-income housing repair, as authorized by 42 U.S.C. 1474, to meet needs resulting

from natural disasters, $1,000,000: 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.

GENERAL PROVISIONS, THIS CHAPTER

SEC. 101. (a) CROP LOSS ASSISTANCE FOR CERTAIN MULTIYEAR

LOSSES.—From funds remaining in a reserve held under subsection

(c) of section 1102 of the Agriculture, Rural Development, Food and

Drug Administration, and Related Agencies Appropriations Act,

1999 (7 U.S.C. 1421 note; Public Law 105–277; 112 Stat. 2681–43),

for errors, omissions, and appeals, the Secretary of Agriculture may

use not more than 15 percent of the reserve funds to provide assistance to a producer described in subsection (b) who incurred losses

to a commodity due to disasters in two crop years during the five

crop year period beginning with the 1994 crop year.

(b) ELIGIBILITY CRITERIA.—A producer on a farm is eligible for

assistance under subsection (a) only if—

(1) the producer received a federally insured indemnity payment for crop losses in two crop years of such five-crop year period;

(2) the producer acquired federally insured crop insurance

in one additional crop year during such period, but did not receive a federally insured indemnity payment;

(3) the producer received a non-federally insured indemnity

payment for crop losses in the crop year referred to in paragraph (2); and

(4) the producer does not receive a payment under subsection (b) or (c) of such section 1102.

(c) CROP YEARS COVERED; PAYMENT RATE.—Any payment to a

producer under subsection (a) may be paid only for losses incurred

during the crop years described in paragraph (1) of subsection (b).

The payment rate may not exceed the payment rate used under subsection (c) of such section 1102.

(d) EFFECT ON EXISTING AUTHORITY.—Nothing in this section

authorizes the Secretary to delay the provision of crop loss assist-
6

ance under such section 1102, and the Secretary shall complete the

payment of multiyear assistance under subsection (c) of such section

1102 before making any payment under the authority of this section.

(e) DESIGNATION AS EMERGENCY REQUIREMENT.—Such sums as

are necessary to carry out the amendments made by subsection (a):

Provided, That such amount shall be available only to the extent an

official budget request, that includes designation of the entire

amount of the request as an emergency requirement as defined in

the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress: Provided

further, That the entire amount is designated by the Congress as an

emergency requirement under section 251(b)(2)(A) of such Act.

SEC. 102. Notwithstanding section 11 of the Commodity Credit

Corporation Charter Act (15 U.S.C. 714i), an additional

$28,000,000 shall be provided through the Commodity Credit Corporation in fiscal year 1999 for technical assistance activities performed by any agency of the Department of Agriculture in carrying

out the Conservation Reserve Program or the Wetlands Reserve Program funded by the Commodity Credit Corporation: Provided, That

an additional $35,000,000 shall be provided through the Commodity Credit Corporation on October 1, 1999, for technical assistance

activities performed by any agency of the Department of Agriculture

in carrying out the Conservation Reserve Program or the Wetlands

Reserve Program funded by the Commodity Credit Corporation:

Provided further, That the entire amounts shall be available only

to the extent an official budget request, that includes designation of

the entire amounts of the request as emergency requirements 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 amounts are designated by the

Congress as emergency requirements pursuant to section

251(b)(2)(A) of such Act

SEC. 103. Notwithstanding any other provision of law, monies

available under section 763 of the Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (Public Law 105–277), shall be provided by the Secretary of Agriculture directly to any State determined by the Secretary of Agriculture to have been materially affected by the commercial fishery failure or failures declared by the Secretary of Commerce in September, 1998 under section 312(a) of the MagnusonStevens Fishery Conservation and Management Act. Such State

shall disburse the funds to individuals with family incomes below

the Federal poverty level who have been adversely affected by the

commercial fishery failure or failures: Provided, That the entire

amount shall be available only to the extent an official budget request for such amount, that includes designation of the entire

amount of the request as an emergency requirement as defined in

the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress: Provided

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. 104. For an additional amount for the Livestock Assistance Program under Public Law 105–277, $70,000,000: Provided,

That for the purposes of section 1103 of the Agriculture, Rural De-
7

velopment, Food and Drug Administration, and Related Agencies

Appropriations Act, 1999 (Public Law 105–277), notwithstanding

any other provision of law or regulation, the definition of ‘‘livestock’’

shall include ‘‘reindeer’’: Provided further, That the entire amount

shall be available only to the extent an official budget request for

$70,000,000, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress: Provided further, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 105. DENALI COMMISSION. (a) The Denali Commission Act

of 1998 (title III of division C of Public Law 105–277) is amended—

(1) in section 303(b)(1)(D) by striking in two instances

‘‘Alaska Federation or Natives’’ and inserting ‘‘Alaska Federation of Natives’’;

(2) in section 303(c) by striking ‘‘Members’’ and inserting

‘‘The Federal Cochairperson shall serve for a term of four years

and may be reappointed. All other members’’;

(3) in section 306(a) by inserting after the first sentence the

following: ‘‘The Federal Cochairperson shall be compensated at

the annual rate prescribed for level IV of the Executive Schedule

under section 5315 of title 5, United States Code.’’;

(4) in section 306(c)(2) by striking ‘‘Chairman’’ and inserting ‘‘Federal Cochairperson’’;

(5) by inserting at the end of section 306 the following new

subsections:

‘‘(g) ADMINISTRATIVE EXPENSES AND RECORDS.—The Commission is hereby prohibited from using more than 5 percent of the

amounts appropriated under the authority of this Act or transferred

pursuant to section 329 of the Department of Transportation and

Related Agencies Appropriations Act, 1999 (section 101(g) of division A of this Act) for administrative expenses. The Commission and

its grantees shall maintain accurate and complete records which

shall be available for audit and examination by the Comptroller

General or his or her designee.

‘‘(h) INSPECTOR GENERAL.—Section 8G(a)(2) of the Inspector

General Act of 1978 (5 U.S.C. App. 3, section 8G(a)(2)) is amended

by inserting ‘the Denali Commission,’ after ‘the Corporation for Public Broadcasting,’.’’; and

(6) in section 307(b) by inserting immediately before ‘‘The

Commission’’ the following: ‘‘Funds transferred to the Commission pursuant to section 329 of the Department of Transportation and Related Agencies Appropriations Act, 1999 (section

101(g) of division A of this Act) shall be available without further appropriation and until expended.’’.

(7) in section 305 by inserting at the end a new section (d)

as follows:

‘‘(d) The Commission, acting through the Federal Cochairperson, is authorized to enter into contracts and cooperative agreements, award grants, and make payments necessary to carry out the

purposes of the Commission. With respect to funds appropriated to

the Commission for fiscal year 1999, the Commission, acting

through the Federal Cochairperson, is authorized to enter into con-
8

tracts and cooperative agreements, award grants, and make payments to implement an interim work plan for fiscal year 1999 approved by the Commission.’’

(b) Amounts made available by this section are 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, That such amounts shall be

available only to the extent that an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress.

CHAPTER 2

DEPARTMENT OF JUSTICE

IMMIGRATION AND NATURALIZATION SERVICE

SALARIES AND EXPENSES

ENFORCEMENT AND BORDER AFFAIRS

For an additional amount for ‘‘Salaries and Expenses, Enforcement and Border Affairs’’ to support increased detention requirements for Central American criminal aliens and to address the expected influx of illegal immigrants from Central America as a result

of Hurricane Mitch, $80,000,000, which shall remain available

until expended and which shall be administered by the Attorney

General: 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.

CHAPTER 3

DEPARTMENT OF DEFENSE—MILITARY

MILITARY PERSONNEL

RESERVE PERSONNEL, ARMY

For an additional amount for ‘‘Reserve Personnel, Army’’, $8,000,000: 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 entire amount

shall be available only to the extent that an official budget request

for $5,100,000, 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.

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel,

Army’’, $7,300,000: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section
9

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended: Provided further, That the entire amount

shall be available only to the extent that an official budget request

for $1,300,000, 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.

NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for ‘‘National Guard Personnel, Air

Force’’, $1,000,000: 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.

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance,

Army’’, $50,000,000: 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.

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance,

Navy’’, $13,900,000: 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.

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance,

Marine Corps’’, $2,400,000: 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 entire

amount shall be available only to the extent that an official budget

request for $2,100,000, 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.

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, Air

Force’’, $8,800,000: 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.
10

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, $21,000,000, of which $20,000,000 is available only for

the CINC initiative fund: 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.

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance,

Army National Guard’’, $20,000,000: 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 entire amount shall be available only to the extent that an

official budget request for $20,000,000, 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.

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

For an additional amount for ‘‘Overseas Humanitarian, Disaster, and Civic Aid’’, $37,500,000: 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.

NEW HORIZONS EXERCISE TRANSFER FUND

(INCLUDING TRANSFER OF FUNDS)

For emergency expenses incurred by United States military

forces to participate in the New Horizons Exercise programs to undertake relief, rehabilitation, and restoration operations and training activities in response to disasters within the United States

Southern Command area of responsibility, $46,000,000, to remain

available for transfer until September 30, 1999: Provided, That the

Secretary of Defense may transfer these funds to operation and

maintenance accounts: Provided further, That the funds transferred

shall be merged with and shall be available for the same purposes

and for the same time period, as the appropriation to which transferred: Provided further, That the transfer authority provided in

this paragraph is in addition to any other transfer authority contained in Public Law 105–262: Provided further, That the entire

amount made available under this heading 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 entire amount

shall be available only to the extent that an official budget request

for $46,000,000, 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.
11

GENERAL PROVISIONS, THIS CHAPTER

SEC. 301. (a) The Secretary of each military department may

designate not to exceed five eligible academy students from foreign

countries for the purposes of this section. Each student so designated shall be considered, for purposes of a waiver of the foreign

student reimbursement requirement, to be in addition to the number

of persons for whom an unlimited waiver may otherwise be in effect

at any one time.

(b) A person is an eligible academy student from a foreign country if the person is admitted from a foreign country during the period beginning on May 1, 1999, and ending on September 30, 1999,

for instruction at a service academy under section 4344, 6957, or

9344 of title 10, United States Code (relating to selection of persons

from foreign countries).

(c) For purposes of this section—

(1) The foreign student reimbursement requirement is the

requirement under paragraph (2) of the applicable foreign student reimbursement statute that a foreign country from which

a person is permitted to enroll for instruction under section

4434, 6957, or 9344 of title 10, United States Code, reimburse

the United States for the cost of providing such instruction.

(2) An unlimited waiver is a waiver of the foreign student

reimbursement requirement by the Secretary of Defense (as authorized by such paragraph (2)) without regard to the percentage limitation on such a waiver specified in paragraph (3) of

the applicable foreign student reimbursement statute, and the

number of persons for whom such a waiver may otherwise be

in effect at any one time is the number of persons specified in

such paragraph (3).

(3) The foreign student reimbursement statute is—

(A) section 4434(b) of title 10, United States Code, in

the case of the United States Military Academy;

(B) section 6957(b) of such title, in the case of the

United States Naval Academy; and

(C) section 9344(b) of such title, in the case of the

United States Air Force Academy.

(4) The service academies are the United States Military

Academy, the United States Naval Academy, and the United

States Air Force Academy.

SEC. 302. Notwithstanding any other provision of law, a military technician (dual status) (as defined in section 10216 of title 10,

United States Code) performing active duty without pay while on

leave from technician employment under section 6323(d) of title 5,

United States Code, may, in the discretion of the Secretary concerned, be authorized a per diem allowance under this title, in lieu

of commutation for subsistence and quarters as described in section

1002(b) of title 37, United States Code.

SEC. 303. (a) DISPOSAL AUTHORIZED.—Subject to subsection (c),

the President may dispose of the material in the National Defense

Stockpile specified in the table in subsection (b).

(b) TABLE.—The total quantity of the material authorized for

disposal by the President under subsection (a) is as follows:
12

AUTHORIZED STOCKPILE DISPOSAL

Material for disposal Quantity

Zirconium ore ........................................................... 17,383 short dry tons

(c) MINIMIZATION OF DISRUPTION AND LOSS.—The President

may not dispose of material under subsection (a) to the extent that

the disposal will result in—

(1) undue disruption of the usual markets of producers,

processors, and consumers of the material proposed for disposal; or

(2) avoidable loss to the United States.

(d) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY.—The disposal authority provided in subsection (a) is new disposal authority

and is in addition to, and shall not affect, any other disposal authority provided by law regarding the material specified in such

subsection.

(e) NATIONAL DEFENSE STOCKPILE DEFINED.—In this section,

the term ‘‘National Defense Stockpile Transaction Fund’’ means the

fund in the Treasury of the United States established under section

9(a) of the Strategic and Critical Materials Stock Piling Act (50

U.S.C. 98h(a)).

SEC. 304. Notwithstanding any other provision of law, from

funds appropriated by Public Law 105–262, Public Law 105–56,

and Public Law 104–208, under the heading ‘‘Aircraft Procurement,

Air Force’’, $50,700,000 is available for recording, adjusting, and

liquidating obligations incurred as of the date of this Act for the fiscal years 1995 and 1996 production quantities of Joint Surveillance

Target Attack Radar System (JSTARS) aircraft: Provided, That the

Secretary of the Air Force shall notify the congressional defense

committees of all of the specific sources of funds to be used for the

JSTARS obligations and follow normal reprogramming procedures.

CHAPTER 4

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

AGENCY FOR INTERNATIONAL DEVELOPMENT

INTERNATIONAL DISASTER ASSISTANCE

For an additional amount for ‘‘International Disaster Assistance’’, $25,000,000, to remain available until expended.

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

For an additional amount for ‘‘Economic Support Fund’’, in addition to amounts otherwise available for such purposes, to provide

assistance to Jordan, $50,000,000, to remain available until September 30, 2001.
13

CENTRAL AMERICA AND THE CARIBBEAN EMERGENCY

DISASTER RECOVERY FUND

Notwithstanding section 10 of Public Law 91–672, for necessary

expenses to address the effects of hurricanes in Central America and

the Caribbean and the earthquake in Colombia, $621,000,000, to remain available until September 30, 2000: Provided, That the funds

appropriated under this heading shall be subject to the provisions

of chapter 4 of part II of the Foreign Assistance Act of 1961, as

amended, and, except for section 558, the provisions of title V of the

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (as contained in division A, section 101(d) of

the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277)): Provided further, That,

notwithstanding any other proviso under this heading, up to

$10,000,000 may be transferred to ‘‘Export-Import Bank of the

United States, Subsidy Appropriation’’ for the cost of direct loans,

loan guarantees, and insurance, subject to the terms and conditions

applicable to funds made available under that heading in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (as contained in division A, section 101(d) of the

Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277)): Provided further, That up

to $5,500,000 of the funds appropriated by this paragraph may be

transferred to ‘‘Operating Expenses of the Agency for International

Development’’, to remain available until September 30, 2000, to be

used for administrative costs of USAID in addressing the effects of

those hurricanes, of which up to $1,000,000 may be used to contract

directly for the personal services of individuals in the United States:

Provided further, That up to $1,500,000 of the funds appropriated

by this paragraph may be transferred to ‘‘Operating Expenses of the

Agency for International Development Office of Inspector General’’,

to remain available until expended, to be used for costs of audits,

inspections, and other activities associated with the expenditure of

the funds appropriated by this paragraph: Provided further, That

up to $500,000 of the funds appropriated by this paragraph shall

be made available to the Comptroller General for purposes of monitoring the provision of assistance using funds appropriated by this

paragraph: Provided further, That funds appropriated under this

heading shall be obligated and expended subject to the regular notification procedures of the Committees on Appropriations: Provided

further, That of the funds made available under this heading, not

less than $2,000,000 should be made available to support the clearance of landmines and other unexploded ordnance in Nicaragua

and Honduras: Provided further, That the funds appropriated

under this heading, and the supplemental funds appropriated in

this Act that are in addition to the funds made available under title

II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (as contained in division A, section

101(d) of the Omnibus Consolidated and Emergency Supplemental

Appropriations Act, 1999 (Public Law 105–277)), shall be subject to

the funding ceiling contained in section 580 of that Act, notwithstanding section 545 of that Act: Provided further, That funds appropriated under this heading may be charged to finance obliga-
14

tions for which appropriations available for other accounts under

part I of the Foreign Assistance Act of 1961, as amended, were

charged after April 30, 1999, to finance obligations to address the

effects of the hurricanes in Central America and the Caribbean and

the earthquake in Colombia: Provided further, That the provisions

of section 110 of the Foreign Assistance Act of 1961, as amended,

shall not be applicable to any assistance furnished to address the

effects of the hurricanes in Central America and the Caribbean and

the earthquake in Colombia: Provided further, That none of the

funds appropriated under this heading may be made available for

nonproject assistance: Provided further, That the entire amount

shall be available only to the extent an official budget request for

a specific dollar amount that includes designation of the entire

amount of the request as an emergency requirement as defined in

the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress.

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for ‘‘International Narcotics Control

and Law Enforcement’’, $23,000,000, for additional counterdrug research and development activities: Provided, That such amount

shall be available only to the extent an official budget request that

includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress.

DEPARTMENT OF THE TREASURY

DEBT RESTRUCTURING

For an additional amount for ‘‘Debt Restructuring’’,

$41,000,000, to remain available until expended: Provided, That up

to $25,000,000 may be used for a contribution to the Central America Emergency Trust Fund, administered by the International Bank

for Reconstruction and Development, subject to the regular notification procedures of the Committees on Appropriations.

MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for ‘‘Foreign Military Financing Program’’, for grants to enable the President to carry out section 23 of

the Arms Export Control Act, in addition to amounts otherwise

available for such purposes, for grants only for Jordan,

$50,000,000, to remain available until September 30, 2001: Provided, That funds appropriated under this heading shall be nonrepayable, notwithstanding section 23(b) and section 23(c) of the

Arms Export Control Act.
15

GENERAL PROVISIONS, THIS CHAPTER

SEC. 401. The funds appropriated in this chapter are 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.

SEC. 402. The value of articles, services, and military education

and training authorized as of November 15, 1998, to be drawn

down by the President under the authority of section 506(a)(2) of the

Foreign Assistance Act of 1961, as amended, shall not be counted

against the ceiling limitation of that section.

SEC. 403. For an additional amount for ‘‘Economic Support

Fund’’, $6,500,000, to remain available until September 30, 2000,

for assistance for election monitoring and related activities for East

Timor: Provided, That the entire amount shall be available only to

the extent that an official budget request for a specific dollar

amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress.

SEC. 404. Section 832(a) of the Western Hemisphere Drug

Elimination Act (Public Law 105–277) is amended—

(1) in the first sentence—

(A) by striking ‘‘Secretary of Agriculture’’ and inserting

‘‘Secretary of State’’; and

(B) by striking ‘‘the Agricultural Research Service of

the Department of Agriculture’’ and inserting ‘‘the Department of State’’; and

(2) by adding at the end the following:

‘‘Any record related to a contract entered into, or to an activity

funded, under this subsection shall be exempted from disclosure as

described in section 552(b)(3) of title 5, United States Code.’’.

CHAPTER 5

DEPARTMENT OF THE INTERIOR

UNITED STATES FISH AND WILDLIFE SERVICE

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $12,612,000, to

remain available until expended, to repair damage due to rain,

winds, ice, snow, and other acts of nature, and to replace and repair

power generation equipment: 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

amount provided shall be available only to the extent that an official budget request that includes designation of the entire amount

as an emergency requirement pursuant to section 251(b)(2)(A) of the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress.
16

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

RECONSTRUCTION AND CONSTRUCTION

For an additional amount for ‘‘Reconstruction and Construc- tion’’, $5,611,000, to remain available until expended, to address

damages from Hurricane Georges and other natural disasters in

Puerto Rico: 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 amount provided shall be available only to the extent that an official budget request that includes designation of the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress: Provided further, That

funds in this account may be transferred to and merged with the

‘‘Forest and Rangeland Research’’ account and the ‘‘National Forest

System’’ account as needed to address emergency requirements in

Puerto Rico.

OTHER RELATED AGENCY

UNITED STATES HOLOCAUST MEMORIAL COUNCIL

HOLOCAUST MEMORIAL COUNCIL

For an additional amount for ‘‘Holocaust Memorial Council’’,

$2,000,000, to remain available until expended, for the Holocaust

Museum to address security needs: 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 amount provided shall be available only to the extent that

an official budget request that includes designation of the entire

amount as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the Congress.

GENERAL PROVISION, THIS CHAPTER

SEC. 501. GLACIER BAY. (a) DUNGENESS CRAB FISHERMEN.—

Section 123(b) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (section 101(e) of division A of Public

Law 105–277) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘February 1, 1999’’ and inserting ‘‘August 1, 1999’’; and

(B) by striking ‘‘1996’’ and inserting ‘‘1998’’; and

(2)(A) by striking ‘‘of any Dungeness crab pots or other

Dungeness crab gear, and of not more than one Dungeness crab

fishing vessel,’’; and

(B) by striking ‘‘the period January 1, 1999, through December 31, 2004, based on the individual’s net earnings from
17

the Dungeness crab fishery during the period January 1, 1991,

through December 31, 1996.’’ and inserting ‘‘for the period beginning January 1, 1999 that is equivalent in length to the period established by such individual under paragraph (1), based

on the individual’s net earnings from the Dungeness crab fishery during such established period. In addition, such individual shall be eligible to receive from the United States fair market value for any Dungeness crab pots, related gear, and not

more than one Dungeness crab fishing vessel if such individual

chooses to relinquish to the United States such pots, related

gear, or vessel.’’.

(b) OTHERS AFFECTED BY FISHERY CLOSURES AND RESTRIC- TIONS.—Section 123 of the Department of the Interior and Related

Agencies Appropriations Act, 1999 (section 101(e) of division A of

Public Law 105–277), as amended, is amended further by redesignating subsection (c) as subsection (d) and inserting immediately

after subsection (b) the following new subsection:

‘‘(c) OTHERS AFFECTED BY FISHERY CLOSURES AND RESTRIC- TIONS.—The Secretary of the Interior is authorized to provide $23,000,000 for a program developed with the concurrence of the

State of Alaska to fairly compensate United States fish processors,

fishing vessel crew members, communities, and others negatively affected by restrictions on fishing in Glacier Bay National Park. For

the purpose of receiving compensation under the program required

by this subsection, a potential recipient shall provide a sworn and

notarized affidavit to establish the extent of such negative effect.’’.

(c) IMPLEMENTATION.—Section 123 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (section 101(e)

of division A of Public Law 105–277), as amended, is amended further by inserting at the end the following new subsection:

‘‘(e) IMPLEMENTATION AND EFFECTIVE DATE.—The Secretary of

the Interior shall publish an interim final rule for the federal implementation of paragraphs (2) through (5) of subsection (a) and shall

provide an opportunity for public comment of no less than 45 days

on such interim final rule. The final rule for the federal implementation of paragraphs (2) through (5) of subsection (a) shall be published in the Federal Register no later than September 30, 1999 and

shall take effect on September 30, 1999, except that the limitations

in paragraphs (3) through (5) of such subsection shall not apply

with respect to halibut fishing until November 15, 1999 or salmon

troll fishing until December 31, 1999. In the event that any individual eligible for compensation under subsection (b) has not received

full compensation by June 15, 1999, the Secretary shall provide partial compensation on such date to such individual and shall expeditiously provide full compensation thereafter.’’.

(d) For the purposes of making the payments authorized in section 123 of the Department of the Interior and Related Agencies Appropriations Act, 1999, as amended by this section, an additional

$26,000,000 is hereby appropriated to ‘‘Departmental Management,

Department of the Interior’’, to remain available until expended, of

which $3,000,000 shall be an additional amount for compensation

authorized by section 123(b) of such Act, as amended, and of which

$23,000,000 shall be for compensation authorized by section 123(c)

of such Act, as amended. The entire amount made available in this
18

subsection 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 (2 U.S.C.

901(b)(2)(A)), and shall be available only if the President transmits

to the Congress an official budget request that includes designation

of the entire amount as an emergency requirement as defined in

such Act.

CHAPTER 6

INDEPENDENT AGENCY

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

For an additional amount for ‘‘Disaster relief’’ for tornado-related damage in Oklahoma, Kansas, Texas and Tennessee, and for

other disasters, $900,000,000 to remain available until expended,

which shall be available only to the extent that the President designates an amount as an emergency requirement as defined in section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended: Provided, That the entire amount

is designated by the Congress as an emergency requirement pursuant to such Act.

DISASTER ASSISTANCE FOR UNMET NEEDS

For ‘‘Disaster assistance for unmet needs’’, $230,000,000, which

shall remain available until September 30, 2001, for use by the Director of the Federal Emergency Management Agency (Director) only

for disaster relief, buyout assistance, long-term recovery, and mitigation in communities affected by Presidentially-declared natural

disasters designated during fiscal years 1998 and 1999, only to the

extent funds are not made available for those activities by the Federal Emergency Management Agency (under its ‘‘Disaster relief’’ program), the Small Business Administration, or the Army Corps of

Engineers: Provided, That in administering these funds the Director

shall allocate these funds to States to be administered by each State

in conjunction with its Federal Emergency Management Agency Disaster Relief program: Provided further, That each State shall provide not less than 25 percent in non-Federal public matching funds

or its equivalent value (other than administrative costs) for any

funds allocated to the State under this heading: Provided further,

That the Director shall allocate these funds based on the unmet

needs arising from a Presidentially-declared disaster as identified

by the Director as those which have not or will not be addressed by

other Federal disaster assistance programs and for which it is

deemed appropriate to supplement the efforts and available resources of States, local governments and disaster relief organizations: Provided further, That the Director shall establish review

groups within FEMA to review each request by a State of its unmet

needs and certify as to the actual costs associated with the unmet

needs as well as the commitment and ability of each state to provide

its match requirement: Provided further, That the Director shall implement all mitigation and buyout efforts in a manner consistent
19

with the intent of the hazard mitigation grant program as authorized by section 404 of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act, as amended: Provided further, That the

Director shall publish a notice in the Federal Register governing the

allocation and use of the funds under this heading, including provisions for ensuring the compliance of the states with the requirements of this program: Provided further, That 10 days prior to distribution of funds, the Director shall submit a list to the House and

Senate Committees on Appropriations, setting forth the proposed

uses of funds and the most recent estimates of unmet needs: Provided further, That the Director shall submit quarterly reports to

said Committees regarding the actual projects and needs for which

funds have been provided under this heading: Provided further,

That to the extent any funds under this heading are used in a manner inconsistent with the requirements of the program established

under this heading and any rules issued pursuant thereto, the Director shall recapture an equivalent amount of funds from the State

from any existing funds or future funds awarded to the State under

this heading or any other program administered by the Federal

Emergency Management Agency: Provided further, That the entire

amount shall be available only to the extent an official budget request, that includes designation of the entire amount of the request

as an emergency requirement as defined by the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the

entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended.

TITLE II—EMERGENCY NATIONAL SECURITY

SUPPLEMENTAL APPROPRIATIONS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS

For an additional amount for ‘‘Public Law 480 Program and

Grant Accounts’’ for assistance under title II of Public Law 480,

$149,200,000, to remain available until expended: Provided, That

the entire amount shall be available only to the extent an official

budget request for $149,200,000, that includes designation of the entire amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by Congress as

an emergency requirement pursuant to section 251(b)(2)(A) of such

Act.
20

CHAPTER 2

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’’, $17,071,000, 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.

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’’, $50,500,000, to remain available until expended, of which $45,500,000 shall be available only to

the extent that an official budget request for a specific dollar

amount that includes the designation of the entire amount of the request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and

Emergency Deficit Control Act of 1985, as amended.

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’’, $2,929,000, to remain available

until expended, of which $500,000 shall be transferred to the Peace

Corps and $450,000 shall be transferred to the U.S. Information

Agency, for evacuation and related costs: 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.

CHAPTER 3

DEPARTMENT OF DEFENSE—MILITARY

MILITARY PERSONNEL

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’,

$2,920,000: 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.
21

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’, $7,660,000: 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’’, $1,586,000: 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’’, $4,303,000: 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

OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Overseas Contingency Oper- ations Transfer Fund’’, $5,007,300,000, to remain available until expended: Provided, That the entire amount made available under

this heading 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 of such amount, $1,100,000,000 shall be available only

to the extent that the President transmits to the Congress an official

budget request for a specific dollar amount that: (1) specifies items

which meet a critical readiness or sustainability need, to include replacement of expended munitions to maintain adequate inventories

for future operations; and (2) 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 Secretary of Defense may

transfer these funds only to military personnel accounts; operation

and maintenance accounts, including Overseas Humanitarian, Disaster, and Civic Aid; procurement accounts; research, development,

test and evaluation accounts; the Defense Health Program appropriation; the National Defense Sealift Fund; and working capital

fund accounts: Provided further, That the funds transferred shall be

merged with and shall be available for the same purposes and for

the same time period, as the appropriation to which transferred:

Provided further, That the transfer authority provided under this

heading is in addition to any other transfer authority available to

the Department of Defense: Provided further, That such funds may

be used to execute projects or programs that were deferred in order
22

to carry out military operations in and around Kosovo and in

Southwest Asia, including efforts associated with the displaced

Kosovar population: Provided further, That upon a determination

that all or part of the funds transferred from this appropriation are

not necessary for the purposes provided herein, such amounts may

be transferred back to this appropriation.

PROCUREMENT

WEAPONS PROCUREMENT, NAVY

For an additional amount for ‘‘Weapons Procurement, Navy’’, $431,100,000, to remain available for obligation until September 30,

2000: 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 entire amount shall be available only to the extent that an official budget request for

$431,100,000, 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.

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air Force’’, $40,000,000, to remain available for obligation until September 30, 2000: 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 entire amount

shall be available only to the extent that an official budget request

for $40,000,000, 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.

MISSILE PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Missile Procurement, Air Force’’, $178,200,000, to remain available for obligation until September 30,

2000: 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 entire amount shall be available only to the extent that an official budget request for

$178,200,000, 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.

PROCUREMENT OF AMMUNITION, AIR FORCE

For an additional amount for ‘‘Procurement of Ammunition, Air

Force’’, $35,000,000, to remain available for obligation until September 30, 2000: Provided, That such amount is designated by the

Congress as an emergency requirement pursuant to section
23

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended: Provided further, That the entire amount

shall be available only to the extent that an official budget request

for $35,000,000, 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.

OPERATIONAL RAPID RESPONSE TRANSFER FUND

(INCLUDING TRANSFER OF FUNDS)

In addition to the amounts appropriated or otherwise made

available in this Act and the Department of Defense Appropriations

Act, 1999 (Public Law 105–262), $300,000,000, to remain available

for obligation until September 30, 2000, is hereby made available

only for the accelerated acquisition and deployment of military technologies and systems needed for the conduct of Operation Allied

Force, or to provide accelerated acquisition and deployment of military technologies and systems as substitute or replacement systems

for other United States regional commands which have had assets

diverted as a result of Operation Allied Force: Provided, That funds

under this heading may only be obligated after recommendations

are made by the Joint Requirements Oversight Council to the Secretary of Defense and after the approval of the Secretary of Defense,

or his designee: Provided further, That the Secretary of Defense

shall provide written notification to the congressional defense committees prior to the transfer of any amount in excess of $10,000,000

to a specific program or project: Provided further, That the Secretary of Defense may transfer funds made available under this

heading only to operation and maintenance accounts, procurement

accounts, and research, development, test and evaluation accounts:

Provided further, That the transfer authority provided under this

section shall be in addition to the transfer authority provided to the

Department of Defense in this Act or any other Act: Provided further, That the entire amount made available in this section 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 entire

amount shall be available only to the extent that an official budget

request for $300,000,000, 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.

GENERAL PROVISIONS, THIS CHAPTER

(TRANSFER OF FUNDS)

SEC. 2001. Section 8005 of the Department of Defense Appropriations Act, 1999 (Public Law 105–262), is amended by striking

‘‘$1,650,000,000’’ and inserting ‘‘$2,000,000,000’’.

SEC. 2002. Notwithstanding the limitations set forth in section

1006 of Public Law 105–261, not to exceed $10,000,000 of funds appropriated by this Act may be available for contributions to the common funded budgets of NATO (as defined in section 1006(c)(1) of
24

Public Law 105–261) for costs related to NATO operations in and

around Kosovo.

SEC. 2003. Funds appropriated by this Act and in Public Law

105–277, or made available by the transfer of funds in this Act and

in Public Law 105–277, for intelligence activities are deemed to be

specifically authorized by the Congress for purposes of section 504

of the National Security Act of 1947 (50 U.S.C. 414).

SEC. 2004. Notwithstanding section 5064(d) of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355), the special authorities provided under section 5064(c) of such Act shall

apply with respect to all contracts awarded or modifications executed for the Joint Direct Attack Munition (JDAM) program from

October 1, 1998 through September 30, 2000: Provided, That the

Secretary of Defense may award JDAM contracts and modifications

on the same terms and conditions as contained in the JDAM contract F08626–94–C–0003.

SEC. 2005. (a) EFFORTS TO INCREASE BURDENSHARING.—The

President shall seek equitable reimbursement from the North Atlantic Treaty Organization (NATO), member nations of NATO, and

other appropriate organizations and nations for the costs incurred

by the United States government in connection with Operation Allied Force.

(b) REPORT.—Not later than September 30, 1999, the President

shall prepare and submit to the Congress a report on—

(1) All measures taken by the President pursuant to subsection (a);

(2) The amount of reimbursement received to date from

each organization and nation pursuant to subsection (a), including a description of any commitments made by such organization or nation to provide reimbursement; and

(3) In the case of an organization or nation that has refused

to provide, or to commit to provide, reimbursement pursuant to

subsection (a), an explanation of the reasons therefor.

(c) OPERATION ALLIED FORCE.—In this section, the term ‘‘Operation Allied Force’’ means operations of the North Atlantic Treaty

Organization (NATO) conducted against the Federal Republic of

Yugoslavia (Serbia and Montenegro) during the period beginning on

March 24, 1999, and ending on such date as NATO may designate,

to resolve the conflict with respect to Kosovo.

SEC. 2006. (a) Not more than 30 days after the date of the enactment of this Act, the President shall transmit to Congress a report, in both classified and unclassified form, on current United

States participation in Operation Allied Force. The report should include information on the following matters:

(1) A statement of the national security objectives involved

in U.S. participation in Operation Allied Force;

(2) An accounting of all current active duty personnel assigned to support Operation Allied Force and related humanitarian operations around Kosovo to include total number, service component and area of deployment (such accounting should

also include total numbers of personnel from other NATO countries participating in the action);

(3) Additional planned deployment of active duty units in

the European Command area of operations to support Oper-
25

ation Allied Force, between the date of the enactment of this Act

and the end of fiscal year 1999;

(4) Additional planned Reserve component mobilization, including specific units to be called up between the date of the enactment of this Act and the end of fiscal year 1999, to support

Operation Allied Force;

(5) An accounting by the Joint Chiefs of Staff on the transfer of personnel and materiel from other regional commands to

the United States European Command to support Operation Allied Force and related humanitarian operations around Kosovo,

and an assessment by the Joint Chiefs of Staff of the impact

any such loss of assets has had on the war-fighting capabilities

and deterrence value of these other commands;

(6) Levels of humanitarian aid provided to the displaced

Kosovar community from the United States, NATO member nations, and other nations (figures should be provided by country

and the type of assistance provided whether financial or inkind); and

(7) Any significant revisions to the total cost estimate for

the deployment of United States forces involved in Operation

Allied Force through the end of fiscal year 1999.

(b) OPERATION ALLIED FORCE.—In this section, the term ‘‘Operation Allied Force’’ means operations of the North Atlantic Treaty

Organization (NATO) conducted against the Federal Republic of

Yugoslavia (Serbia and Montenegro) during the period beginning on

March 24, 1999, and ending on such date as NATO may designate,

to resolve the conflict with respect to Kosovo.

(INCLUDING TRANSFER OF FUNDS)

SEC. 2007. In addition to amounts appropriated or otherwise

made available elsewhere in this Act for the Department of Defense

or in the Department of Defense Appropriations Act, 1999,

$1,124,900,000, to remain available for obligation until September

30, 2000, is hereby appropriated to the Department of Defense only

for spare and repair parts and associated logistical support necessary for the maintenance of weapons systems and equipment: Provided, That the Secretary of Defense shall provide written notification to the congressional defense committees prior to the transfer of

any funds: Provided further, That the Secretary of Defense may

transfer funds made available in this section only to operation and

maintenance accounts and procurement accounts: Provided further,

That the transfer authority provided in this section shall be in addition to the transfer authority provided to the Department of Defense

in this Act or any other Act: Provided further, That the entire

amount made available in this section 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 entire amount shall be available only to the extent that an official budget request for

$1,124,900,000, 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.
26

(INCLUDING TRANSFER OF FUNDS)

SEC. 2008. In addition to amounts appropriated or otherwise

made available elsewhere in this Act for the Department of Defense

or in the Department of Defense Appropriations Act, 1999,

$742,500,000, to remain available for obligation until September 30,

2000, is hereby appropriated to the Department of Defense only for

depot level maintenance and repair: Provided, That the Secretary of

Defense shall provide written notification to the congressional defense committees prior to the transfer of any funds: Provided further, That the Secretary of Defense may transfer funds made available in this section only to operation and maintenance accounts:

Provided further, That the transfer authority provided in this section shall be in addition to the transfer authority provided to the

Department of Defense in this Act or any other Act: Provided further, That the entire amount made available in this section 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 entire

amount shall be available only to the extent that an official budget

request for $742,500,000, 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.

SEC. 2009. In addition to amounts appropriated or otherwise

made available elsewhere in this Act for the Department of Defense

or in the Department of Defense Appropriations Act, 1999,

$100,000,000, to remain available for obligation until September 30,

2000, is hereby appropriated to the Department of Defense only for

military recruiting and advertising initiatives, as follows:

‘‘Operation and Maintenance, Army’’, $31,000,000;

‘‘Operation and Maintenance, Navy’’, $12,700,000;

‘‘Operation and Maintenance, Air Force’’, $23,600,000;

‘‘Operation and Maintenance, Army Reserve’’, $19,000,000;

‘‘Operation and Maintenance, Navy Reserve’’, $1,000,000;

and

‘‘Operation and Maintenance, Army National Guard’’, $12,700,000:

Provided, That the entire amount made available in this section 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 entire amount shall be available only to the extent that an official

budget request for $100,000,000, 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.

(INCLUDING TRANSFER OF FUNDS)

SEC. 2010. In addition to amounts appropriated or otherwise

made available elsewhere in this Act for the Department of Defense

or in the Department of Defense Appropriations Act, 1999,

$200,200,000, to remain available for obligation until September 30,

2000, is hereby appropriated to the Department of Defense only for
27

military training, equipment maintenance, and associated support

costs required to meet assigned readiness levels of United States

military forces: Provided, That the Secretary of Defense shall provide written notification to the congressional defense committees

prior to the transfer of any funds: Provided further, That the Secretary of Defense may transfer funds made available in this section

only to operation and maintenance accounts: Provided further, That

the transfer authority provided in this section shall be in addition

to the transfer authority provided to the Department of Defense in

this Act or any other Act: Provided further, That the entire amount

made available in this section 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 entire amount shall be available only to the extent that an official budget request for

$200,200,000, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress.

SEC. 2011. In addition to amounts appropriated or otherwise

made available elsewhere in this Act for the Department of Defense

or in the Department of Defense Appropriations Act, 1999,

$182,400,000, to remain available for obligation until September 30,

2000, is hereby appropriated to the Department of Defense only for

base operations support costs at Department of Defense facilities, as

follows: ‘‘Operation and Maintenance, Army’’, $60,300,000;

‘‘Operation and Maintenance, Navy’’, $23,800,000;

‘‘Operation and Maintenance, Marine Corps’’, $27,500,000;

‘‘Operation and Maintenance, Air Force’’, $47,700,000;

‘‘Operation and Maintenance, Army Reserve’’, $9,700,000;

‘‘Operation and Maintenance, Navy Reserve’’, $7,200,000;

‘‘Operation and Maintenance, Marine Corps Reserve’’,

$100,000; and

‘‘Operation and Maintenance, Army National Guard’’,

$6,100,000:

Provided, That the entire amount made available in this section 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 entire amount shall be available only to the extent that an official

budget request for $182,400,000, 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.

SEC. 2012. (a) In addition to amounts appropriated or otherwise made available to the Department of Defense in other provisions of this Act, there is appropriated to the Department of Defense,

to remain available for obligation until September 30, 2000, and to

be used only for increases during fiscal year 2000 in rates of military basic pay and for increased payments during fiscal year 2000

to the Department of Defense Military Retirement Fund,

$1,838,426,000, to be available as follows:

‘‘Military Personnel, Army’’, $559,533,000;
28

‘‘Military Personnel, Navy’’, $436,773,000;

‘‘Military Personnel, Marine Corps’’, $177,980,000;

‘‘Military Personnel, Air Force’’, $471,892,000;

‘‘Reserve Personnel, Army’’, $40,574,000;

‘‘Reserve Personnel, Navy’’, $29,833,000;

‘‘Reserve Personnel, Marine Corps’’, $7,820,000;

‘‘Reserve Personnel, Air Force’’, $13,143,000;

‘‘National Guard Personnel, Army’’, $70,416,000; and

‘‘National Guard Personnel, Air Force’’, $30,462,000.

(b) The entire amount made available in this section—

(1) 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 (2

U.S.C. 901(b)(2)(A)); and

(2) shall be available only if the President transmits to the Congress an official budget request for $1,838,426,000, 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.

(c) The amounts provided in this section may be obligated only

to the extent required for increases in rates of military basic pay,

and for increased payments to the Department of Defense Military

Retirement Fund, that become effective during fiscal year 2000 pursuant to provisions of law subsequently enacted in authorizing legislation.

CHAPTER 4

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

AGENCY FOR INTERNATIONAL DEVELOPMENT

INTERNATIONAL DISASTER ASSISTANCE

For an additional amount for ‘‘International Disaster Assistance’’, $163,000,000, to remain available until expended: Provided,

That the entire amount shall be available only to the extent that an

official budget request for a specific dollar amount, that includes

designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President

to the Congress.

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

For an additional amount for ‘‘Economic Support Fund’’,

$105,000,000, to remain available until September 30, 2000, for assistance for Albania, Macedonia, Bosnia-Herzegovina, Bulgaria,

Montenegro, and Romania, and for investigations and related activities in Kosovo and in adjacent entities and countries regarding

war crimes: Provided, That these funds shall be available notwithstanding any other provision of law except section 533 of the Foreign Operations, Export Financing, and Related Programs Appro-
29

priations Act, 1999 (as contained in division A, section 101(d) of the

Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277)): Provided further, That the

requirement for a notification through the regular notification procedures of the Committees on Appropriations contained in subsection (b)(3) of section 533 shall be deemed to be satisfied if the

Committees on Appropriations are notified at least 10 days prior to

the obligation of such funds.

ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

For an additional amount for ‘‘Assistance for Eastern Europe

and the Baltic States’’, $120,000,000, to remain available until September 30, 2000, of which up to $1,000,000 may be used for administrative costs of the U.S. Agency for International Development:

Provided, That funds appropriated under this heading shall be obligated and expended subject to the regular notification procedures of

the Committees on Appropriations.

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for ‘‘Migration and Refugee Assistance’’, $266,000,000, to remain available until September 30, 2000,

of which not more than $500,000 is for administrative expenses:

Provided, That funds appropriated under this heading that are

made available for the Office of the United Nations High Commissioner for Refugees shall be obligated and expended subject to the

regular notification procedures of the Committees on Appropriations: Provided further, That the requirement for a notification

through the regular notification procedures of the Committees on

Appropriations contained in the preceding proviso shall be deemed

to be satisfied if the Committees are notified at least 10 days prior

to the obligation of such funds: Provided further, That the entire

amount shall be available only to the extent an official budget request for a specific dollar amount that includes designation of the

entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress.

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For an additional amount for the ‘‘United States Emergency

Refugee and Migration Assistance Fund’’, and subject to the terms

and conditions under that heading, $165,000,000, to remain available until expended: Provided, That the entire amount shall be

available only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount

of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress.
30

GENERAL PROVISIONS, THIS CHAPTER

SEC. 2013. The funds appropriated in this chapter are 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.

SEC. 2014. The value of commodities and services authorized by

the President through March 31, 1999, to be drawn down under the

authority of section 552(c)(2) of the Foreign Assistance Act of 1961,

as amended, to support international relief efforts relating to the

Kosovo conflict shall not be counted against the ceiling limitation

of that section: Provided, That such assistance relating to the

Kosovo conflict provided pursuant to section 552(a)(2) may be made

available notwithstanding any other provision of law.

CHAPTER 5

DEPARTMENT OF HEALTH AND HUMAN SERVICES

ADMINISTRATION FOR CHILDREN AND FAMILIES

REFUGEE AND ENTRANT ASSISTANCE

For an additional amount for ‘‘Refugee and Entrant Assistance’’, such sums as necessary to assist in the temporary resettlement of displaced Kosovar Albanians, not to exceed $100,000,000,

which shall remain available through September 30, 2001: Provided, That the entire amount shall be available only to the extent

an official budget request for a specific dollar amount that includes

designation of the entire amount of the request as an emergency requirement as defined by the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President

to the Congress: Provided further, That Congress designates the entire amount as an emergency requirement pursuant to section

251(b)(2)(A) of such Act.

CHAPTER 6

MILITARY CONSTRUCTION TRANSFER FUND

(INCLUDING TRANSFER OF FUNDS)

For emergency expenses incurred by United States military

forces in support of overseas operations; $475,000,000, to remain

available for transfer until September 30, 2003: Provided, That the

Secretary of Defense may transfer these funds only to military construction accounts: Provided further, That the transfer authority

provided in this paragraph is in addition to any other transfer authority contained in this or any other Act: Provided further, That

notwithstanding any other provision of law, such funds may be obligated or expended to carry out military construction projects not

otherwise authorized by law: Provided further, That the entire

amount made available under this heading 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 1995, as amended: Provided further, That this amount shall

be available only to the extent that the President transmits to the
31

Congress an official budget request that includes designation of the

entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of

1995, as amended.

CHAPTER 7

DEPARTMENT OF TRANSPORTATION

COAST GUARD

OPERATING EXPENSES

For an additional amount for ‘‘Operating expenses’’,

$200,000,000, to remain available until September 30, 2000: 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 entire amount shall be available only to the extent that an official budget request for

$200,000,000, 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.

TITLE III—SUPPLEMENTAL APPROPRIATIONS

CHAPTER 1

DEPARTMENT OF COMMERCE AND RELATED AGENCIES

RELATED AGENCIES

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,

$1,300,000.

DEPARTMENT OF COMMERCE

BUREAU OF THE CENSUS

PERIODIC CENSUSES AND PROGRAMS

For an additional amount for expenses necessary to conduct the

decennial census, $44,900,000, to remain available until expended:

Provided, That of this amount $10,900,000 is for costs associated

with establishing 520 Local Census Offices; $4,200,000 is for preparation of training and field deployment kits for census enumerators;

$2,000,000 is for costs associated with the Telephone Questionnaire

Assistance program infrastructure; $9,100,000 is for automated

data processing and telecommunications to support increased field

enumeration activities; $3,700,000 is for administrative systems to

support increased field enumeration activities; and $15,000,000 is

for advertising and promotion programs: Provided further, That not

later than June 1, 1999, the President shall submit to the Congress
32

a revised budget request for fiscal year 2000 for the decennial census.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

For the necessary expenses of additional research, management,

and enforcement activities in the Northeast Multispecies fishery,

$1,880,000, to remain available until expended.

THE JUDICIARY

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and expenses’’,

$921,000, to remain available until expended.

CHAPTER 2

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

WATER AND RELATED RESOURCES

For an additional amount for ‘‘Water and Related Resources’’,

$1,500,000, to remain available until expended, under authority of

the Reclamation States Emergency Drought Relief Act of 1991 (43

U.S.C. 2201 et seq.) to purchase water in accordance with such Act

from the Central Arizona Project (or if no water is available for purchase from the Central Arizona Project from any other appropriate

source) to maintain an appropriate pool of stored water for fish and

wildlife purposes at the San Carlos Lake in Arizona.

CHAPTER 3

DEPARTMENT OF STATE

NATIONAL COMMISSION ON TERRORISM

For necessary expenses for the National Commission on Terrorism, as authorized by section 591 of the Foreign Operations, Export

Financing, and Related Programs Appropriations Act, 1999 (as contained in division A, section 101(d) of the Omnibus Consolidated

and Emergency Supplemental Appropriations Act, 1999 (Public

Law 105–277)), $839,500, to remain available until expended.

UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS

FREEDOM

For necessary expenses for the United States Commission on

International Religious Freedom, as authorized by title II of the

International Religious Freedom Act of 1998 (Public Law 105–292),

$3,000,000, to remain available until expended.
33

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For an additional amount for ‘‘Department of the Treasury,

International affairs technical assistance’’, $1,500,000, to remain

available until September 30, 2000, for the operation and expenses

of the International Financial Institution Advisory Commission and

the International Monetary Fund Advisory Committee as authorized

by sections 603 and 610(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (as contained in division A, section 101(d) of the Omnibus Consolidated

and Emergency Supplemental Appropriations Act, 1999 (Public

Law 105–277)).

CHAPTER 4

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

Of the funds provided under this heading in prior Appropriations Acts for the Automated Land and Mineral Record System,

$1,000,000 shall be available until expended to meet increased

workload requirements stemming from the anticipated higher volume of coalbed methane Applications for Permits to Drill in the

Powder River Basin: Provided, That unless there is a written agreement in place between the coal mining operator and the gas producer, the funds made available herein shall not be used to process

or approve coalbed methane Applications for Permits to Drill for

well sites that are located within an area, which as of the date of

the coalbed methane Application for Permit to Drill, are covered by:

(1) a coal lease; (2) a coal mining permit; or (3) an application for

a coal mining lease. Nothing in this paragraph shall be construed

or operate as a restriction on current resources appropriated to the

Department of the Interior.

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

(TRANSFER OF FUNDS)

For an additional amount for ‘‘Operation of Indian Programs’’,

$1,136,000, to remain available until expended for suppression of

western spruce budworm: Provided, That such funds shall be derived by transfer of funds provided in previous appropriations acts

under the heading ‘‘Forest Service, National Forest System’’.

OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

For an additional amount for ‘‘Federal Trust Programs’’,

$21,800,000, to remain available until expended, of which

$6,800,000 is for activities pursuant to the Trust Management Im-
34

provement Project High Level Implementation Plan and

$15,000,000 is to support litigation involving individual Indian

trust accounts: Provided, That litigation support funds may, as

needed, be transferred to and merged with the ‘‘Operation of Indian

Programs’’ account in the Bureau of Indian Affairs, the ‘‘Salaries

and Expenses’’ account in the Office of the Solicitor, the ‘‘Salaries

and Expenses’’ account in Departmental Management, the ‘‘Royalty

and Offshore Minerals Management’’ account in the Minerals Management Service and the ‘‘Management of Lands and Resources’’ account in the Bureau of Land Management.

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

WILDLAND FIRE MANAGEMENT

Of the funds made available under this heading for fire operations in previous Acts of Appropriation (exclusive of amounts for

hazardous fuels reduction), $100,000,000 shall be transferred to the

Knutson-Vandenberg fund established pursuant to section 3 of Public Law 71–319 (16 U.S.C. 576 et seq.) within 10 days of the enactment of this Act.

GENERAL PROVISIONS, THIS CHAPTER

SEC. 3001. The Department of the Interior and Related Agencies

Appropriations Act, 1999 (as contained in division A, section 101(e)

of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277)) is amended under the

heading ‘‘Forest Service, Reconstruction and Construction’’ by inserting before the final period the following: ‘‘: Provided further,

That notwithstanding any other provision of law, funds appropriated for Forest Service construction of a new forestry research facility at Auburn University, Auburn, Alabama, shall be available

for a direct payment to Auburn University for this purpose: Provided further, That if within the life of the facility the USDA Forest

Service needs additional space for collaborative laboratory activities

on the Auburn University campus, Auburn University shall provide

such laboratory space within the new facility constructed with these

funds, free of any charge for rent’’.

SEC. 3002. None of the funds made available under this or any

other Act may be used by the Secretary of the Interior to issue and

finalize the rule to revise 43 CFR Part 3809, published on February

9, 1999 at 64 Fed. Reg. 6421 or the Draft Environmental Impact

Statement on Surface Management Regulations for Locatable Mineral Operations, published in February, 1999, unless the Secretary

has provided a period of not less than 120 days for accepting public

comment on the proposed rule after the report of the National Academy of Sciences’ Committee on Hardrock Mining on Federal Lands,

authorized and required by the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in division A,

section 101(e) of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277)) is submitted to the appropriate federal agencies, the Congress, and the
35

Governors of the affected states in accordance with the requirements

of that Act.

SEC. 3003. None of the funds in this or any other Act shall be

used to issue a notice of final rulemaking with respect to the valuation of crude oil for royalty purposes, including a rulemaking derived from proposed rules published in 63 Federal Register 6113

(1998), 62 Federal Register 36030, and 62 Federal Register 3742

(1997) until October 1, 1999, or until there is a negotiated agreement on the rule.

SEC. 3004. Section 328 of the Department of the Interior and

Related Agencies Appropriations Act, 1999 (Public Law 105–277, division A, section 1(e), title III) is amended by striking ‘‘none of the

funds in this Act’’ and inserting ‘‘none of the funds provided in this

Act to the Indian Health Service or Bureau of Indian Affairs’’.

SEC. 3005. A payment of $800,000 from the total amount of

$1,000,000 for construction of the Pike’s Peak Summit House, as

specified in Conference Report 105–337, accompanying the Department of the Interior and Related Agencies Appropriations Act for fiscal year 1998, Public Law 105–83, and payments of $2,000,000 for

the Borough of Ketchikan to participate in a study of the feasibility

and dynamics of manufacturing veneer products in Southeast Alaska and $200,000 for construction of the Pike’s Peak Summit House,

as specified in Conference Report 105–825 accompanying the Department of the Interior and Related Agencies Appropriations Act

for fiscal year 1999 (as contained in division A, section 101(e) of the

Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277)), shall be paid in lump sum

and shall be considered direct payments, for the purposes of all applicable law except that these direct grants may not be used for lobbying activities.

SEC. 3006. MILLSITES OPINION. (a) PROHIBITION ON MILLSITE

LIMITATIONS.—Notwithstanding the opinion dated November 7,

1997, by the Solicitor of the Department of the Interior concerning

millsites under the general mining law (referred to in this section

as the ‘‘opinion’’), in accordance with the millsite provisions of the

Bureau of Land Management Handbook for Mineral Examiners H–

3890–1, page III–8 (dated 1989), and section 2811.33 of the Forest

Service Manual (dated 1990), the Department of the Interior and

the Department of Agriculture shall not limit the number or acreage

of millsites based on the ratio between the number or acreage of

millsites and the number or acreage of associated lode or placer

claims with respect to the Crown Jewel project, Okanogan County,

Washington for any fiscal year.

(b) EFFECT ON PRIOR APPROVALS AND RECORDS OF DECISION.—

As soon as practicable after the date of the enactment of this Act,

the Departments of the Interior and Agriculture shall approve the

plan of operations and reinstate the record of decision for the Crown

Jewel project.

(c) PATENT APPLICATION OR PLAN OF OPERATIONS.—No patent

application or plan of operations submitted prior to the date of the

enactment of this Act shall be denied pursuant to the opinion of the

Solicitor of the Department of the Interior dated November 7, 1997.
36

CHAPTER 5

DEPARTMENT OF HEALTH AND HUMAN SERVICES

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For an additional amount for ‘‘General departmental management’’, $1,000,000, to reduce the backlog of pending nursing home

appeals before the Departmental Appeals Board.

DEPARTMENT OF EDUCATION

EDUCATION FOR THE DISADVANTAGED

For additional amounts to carry out subpart 2 of part A of title

I of the Elementary and Secondary Education Act of 1965,

$56,377,000, which shall be allocated, notwithstanding any other

provision of law, only to those local educational agencies that received a Concentration Grant under the Department of Education

Appropriations Act, 1998, but are not eligible to receive such a grant

for fiscal year 1999: Provided, That the Secretary of Education shall

use the funds appropriated under this paragraph to provide each

such local educational agency an amount equal to the Concentration

Grant the agency received in fiscal year 1998, ratably reduced, if

necessary, to ensure that local educational agencies receiving funds

under this supplemental appropriation receive no greater share of

their hold-harmless amounts than is received by other local educational agencies: Provided further, That the funds appropriated

under this paragraph shall become available on October 1, 1999

and shall remain available through September 30, 2000, for the

academic year 1999–2000: Provided further, That the Secretary

shall not take into account the funds appropriated under this paragraph in determining State allocations under any other program

administered by the Secretary in any fiscal year.

HIGHER EDUCATION

(TRANSFER OF FUNDS)

Of the funds made available for the Education Research, Statistics, and Improvement account in section 101(f) of Public Law 105–

277, $1,500,000 are transferred to the Higher Education account to

provide additional funds to carry out part B of title III of the Higher Education Act.

RELATED AGENCY

CORPORATION FOR PUBLIC BROADCASTING

For an additional amount for the Corporation for Public Broadcasting, to remain available until expended, $30,700,000 to be available for fiscal year 1999, and $17,300,000 to be available for fiscal

year 2000: Provided, That such funds be made available to National Public Radio, as the designated manager of the Public Radio

Satellite System, for acquisition of satellite capacity.
37

GENERAL PROVISION, THIS CHAPTER

SEC. 3007. WHITE RIVER SCHOOL DISTRICT #47–1. From any

unobligated funds that are available to the Secretary of Education

to carry out section 306(a)(1) of the Department of Education Appropriations Act, 1996, the Secretary shall provide not more than

$239,000, under such terms and conditions as the Secretary determines appropriate, to the White River School District #47–1, White

River, South Dakota, to be used to repair damage caused by water

infiltration at the White River High School, which shall remain

available until expended.

CHAPTER 6

CONGRESSIONAL OPERATIONS

HOUSE OF REPRESENTATIVES

SALARIES AND EXPENSES

SALARIES, OFFICERS AND EMPLOYEES

(RESCISSION)

Immediately upon the enactment of this Act, $3,521,000, appropriated under this heading in Public Law 105–275, are rescinded:

Provided, That for replacement of the existing House of Representatives payroll system, $3,521,000 for the Chief Administrative Officer,

to remain available until expended.

ARCHITECT OF THE CAPITOL

CAPITOL BUILDINGS AND GROUNDS

HOUSE OFFICE BUILDINGS

HOUSE PAGE DORMITORY

For necessary expenses for a House Page Dormitory, $3,760,000,

to remain available until expended: Provided, That the Architect of

the Capitol shall transfer to the Chief Administrative Officer of the

House of Representatives such portion of the funds made available

under this paragraph as may be required for expenses incurred by

the Chief Administrative Officer, subject to the approval of the Committee on Appropriations of the House of Representatives: Provided

further, That section 3709 of the Revised Statutes of the United

States (41 U.S.C. 5) shall not apply to the funds made available

under this paragraph.

O’NEILL HOUSE OFFICE BUILDING

For necessary expenses for life safety renovations to the O’Neill

House Office Building, $1,800,000, to remain available until expended: Provided, That section 3709 of the Revised Statutes of the

United States (41 U.S.C. 5) shall not apply to the funds made available under this paragraph.
38

ADMINISTRATIVE PROVISIONS—THIS CHAPTER

SEC. 3008. (a) The aggregate amount otherwise authorized to be

appropriated for a fiscal year for the lump-sum allowance for the

Office of the Minority Leader of the House of Representatives and

the aggregate amount otherwise authorized to be appropriated for a

fiscal year for the lump-sum allowance for the Office of the Majority

Whip of the House of Representatives shall each be increased by

$333,000.

(b) This section shall apply with respect to fiscal year 2000 and

each succeeding fiscal year.

SEC. 3009. (a) Each office described under the heading

‘‘HOUSE LEADERSHIP OFFICES’’ in the Act making appropriations for the legislative branch for a fiscal year may transfer any

amounts appropriated for the office under such heading among the

various categories of allowances and expenses for the office under

such heading.

(b) Subsection (a) shall not apply with respect to any amounts

appropriated for official expenses.

(c) This section shall apply with respect to fiscal year 1999 and

each succeeding fiscal year.

SEC. 3010. Effective on the date of the enactment of this Act, the

lump sum allowance authorization amount for certain offices shall

be adjusted as follows:

(1) The allowance for the Chief Deputy Majority Whips is

increased by $25,000.

(2) The allowance for the Chief Deputy Minority Whips is

increased by $25,000.

SEC. 3011. RUSSIAN LEADERSHIP PROGRAM. (a) PURPOSE.—It is

the purpose of this section to establish, in accordance with the provisions of this section—

(1) a pilot program within the Library of Congress for fiscal year 1999; and

(2) a permanent program within the Executive agency designated by the President of the United States for fiscal years

2000 and thereafter,

to enable emerging political leaders of Russia at all levels of government to gain significant, firsthand exposure to the American free

market economic system and the operation of American democratic

institutions through visits to governments and communities at comparable levels in the United States.

(b) GRANTS.—

(1) IN GENERAL.—The head of the administering agency

shall annually award grants to government or community organizations in the United States that seek to establish programs

under which those organizations will host eligible Russians for

the purpose described in subsection (a).

(2) DURATION.—The period of stay in the United States for

any eligible Russian supported with grant funds under this section shall not exceed 30 days.

(3) LIMITATION.—The number of eligible Russians supported with grant funds under this section shall not exceed

3,000 in any fiscal year.

(4) ADMINISTRATION.—
39

(A) IN GENERAL.—Subject to the availability of appropriations, the head of the administering agency—

(i) may contract with nongovernmental organizations having expertise in carrying out the activities described in subsection (a) for the purpose of carrying out

the administrative functions of the program (other than

the awarding of grants); and

(ii) may, without regard to the civil service laws

and regulations (or, in the case of the Librarian of

Congress, any requirement for competition in hiring),

appoint and terminate an executive director and such

other additional personnel as may be necessary to enable the administering agency to perform its duties

under this section.

(B) WAIVER OF COMPETITIVE BIDDING.—The Librarian

of Congress, after consultation with the Joint Committee on

the Library of Congress, may enter into contracts under

subparagraph (A)(i) to carry out the pilot program during

fiscal year 1999 without regard to section 3709 of the Revised Statutes or any other requirement for competitive contracting or the providing of notice of contracting opportunities.

(c) USE OF FUNDS.—Grants awarded under subsection (b) shall

be used to pay—

(1) the costs and expenses incurred by each program participant in traveling between Russia and the United States and in

traveling within the United States;

(2) the costs of providing lodging in the United States to

each program participant, whether in public accommodations

or in private homes; and

(3) such additional administrative expenses incurred by organizations in carrying out the program as the head of the administering agency may prescribe.

(d) APPLICATION.—

(1) IN GENERAL.—Each organization in the United States

desiring a grant under this section shall submit an application

to the head of the administering agency at such time, in such

manner, and accompanied by such information as such head

may reasonably require.

(2) CONTENTS.—Each application submitted pursuant to

paragraph (1) shall—

(A) describe the activities for which assistance under

this section is sought;

(B) include the number of program participants to be

supported;

(C) describe the qualifications of the individuals who

will be participating in the program; and

(D) provide such additional assurances as the head of

the administering agency determines to be essential to ensure compliance with the requirements of this section.

(3) WAIVER.—The Librarian of Congress may waive the requirement of this subsection in carrying out the pilot program

during fiscal year 1999.

(e) ADVISORY BOARD.—
40

(1) IN GENERAL.—There is established a Russian Leadership Program Advisory Board which shall advise the head of

the administering agency as to the carrying out of the permanent program during fiscal years 2000 and thereafter.

(2) MEMBERSHIP.—The Advisory Board under paragraph

(1) shall consist of—

(A) two members appointed by the Speaker of the

House of Representatives, of whom one shall be designated

by the Majority Leader of the House of Representatives and

one shall be designated by the Minority Leader of the

House of Representatives;

(B) two members appointed by the President pro tempore of the Senate, of whom one shall be designated by the

Majority Leader of the Senate and one shall be designated

by the Minority Leader of the Senate;

(C) the Librarian of Congress;

(D) a private individual with expertise in international

exchange programs, designated by the Librarian of Congress; and

(E) an officer or employee of the administering agency,

designated by the head of the administering agency.

(3) TERMS.—Each member appointed under paragraph (2)

shall serve for a term of 3 years. Any vacancy shall be filled in

the same manner as the original appointment and the individual so appointed shall serve for the remainder of the term.

(f) REPORTING.—The head of the administering agency shall,

not later than 3 months following the close of each fiscal year for

which such agency administered the program, report to Congress

with respect to the conduct of such program during such fiscal year.

Such report shall include information with respect to the number of

participants in the program and the cost of the program, and any

recommendations on improvements necessary to enable the program

to carry out the purposes of this section.

(g) FUNDING.—

(1) FISCAL YEAR 1999.—

(A) IN GENERAL.—Of funds made available under the

heading ‘‘SENATE’’ under title I of the Legislative Appropriations Act, 1999 (Public Law 105–275; 112 Stat. 2430 et

seq.), $10,000,000 shall be made available, subject to the

approval of the Committee on Appropriations of the Senate,

to the administering agency to carry out the program.

(B) USE OF FUNDS AT CLOSE OF FISCAL YEAR.—Funds

made available under this paragraph which are unexpended and unobligated as of the close of fiscal year 1999

shall no longer be available for such purpose and shall be

available for the purpose originally appropriated.

(2) FISCAL YEAR 2000 AND SUBSEQUENT FISCAL YEARS.—

(A) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated to the administering agency

for fiscal years 2000 and thereafter such sums as may be

necessary to carry out the program.

(B) AVAILABILITY OF FUNDS.—Amounts appropriated

pursuant to subparagraph (A) are authorized to remain

available until expended.
41

(h) DEFINITIONS.—In this section:

(1) ADMINISTERING AGENCY.—The term ‘‘administering

agency’’ means—

(A) for fiscal year 1999, the Library of Congress; and

(B) for fiscal year 2000, and subsequent fiscal years,

the Executive agency designated by the President of the

United States under subsection (a)(2).

(2) ELIGIBLE RUSSIAN.—The term ‘‘eligible Russian’’ means

a Russian national who is an emerging political leader at any

level of government.

(3) PROGRAM.—The term ‘‘program’’ means the grant program established under this section.

(4) PROGRAM PARTICIPANT.—The term ‘‘program participant’’ means an eligible Russian selected for participation in

the program.

CHAPTER 7

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

For an additional amount for ‘‘Military Construction, Army National Guard’’ to cover the incremental costs arising from the consequences of Hurricane Georges, $6,400,000, as authorized by 10

U.S.C. 2854, to remain available until September 30, 2003.

FAMILY HOUSING, ARMY

Notwithstanding any other provision of law, for an additional

amount for ‘‘Family Housing, Army’’, to provide for the construction

and renovation of family housing units at Fort Buchanan, Puerto

Rico, $25,000,000, to remain available until September 30, 2003:

Provided, That none of the funds appropriated in this or any other

Act may be used for family housing initiatives at Fort Buchanan,

Puerto Rico pursuant to 10 U.S.C. 2883.

CHAPTER 8

DEPARTMENT OF TRANSPORTATION AND RELATED

AGENCIES

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,

$2,300,000: Provided, That the entire amount is available only for

costs associated with rental of the facility in Calverton, New York.
42

CHAPTER 9

DEPARTMENT OF THE TREASURY

BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco and

Firearms, $4,500,000 is appropriated for the expansion of the National Tracing Center, to remain available until expended.

POSTAL SERVICE

PAYMENTS TO THE POSTAL SERVICE FUND

For an additional amount for ‘‘Payments to the Postal Service

Fund’’ for revenue forgone reimbursement pursuant to 39 U.S.C.

2401(d), $29,000,000.

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS

APPROPRIATED TO THE PRESIDENT

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of National Drug Control

Policy’s High Intensity Drug Trafficking Areas Program, an additional $2,500,000 is appropriated for drug control activities: of

which $750,000 shall be used specifically to expand the Southwest

Border High Intensity Drug Trafficking Area for the State of New

Mexico to include Rio Arriba County, Santa Fe County, and San

Juan County, New Mexico, which are hereby designated as part of

the Southwest Border High Intensity Drug Trafficking Area for the

State of New Mexico; of which $500,000 shall be used for national

efforts related to methamphetamine reduction efforts; of which

$750,000 shall be used for the Southwest Border High Intensity

Drug Trafficking Area for the State of Arizona, specifically to fund

United States Border Patrol anti-drug assistance to border communities in Cochise County, Arizona; and of which $500,000 shall be

for the Washington-Baltimore High Intensity Drug Trafficking Area

for support of the Cross-Border Initiative: Provided, That no funds

may be obligated or expended for the Southwest Border High Intensity Drug Trafficking Area for the State of Arizona without prior

approval of the Committees on Appropriations of the House and the

Senate.
43

CHAPTER 10

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT BLOCK GRANTS

Of any excess amounts appropriated for any fiscal year under

this heading, $3,446,000 shall be made available for grants for service coordinators and congregate services for the elderly and disabled: Provided, That in distributing such amount, the Secretary of

Housing and Urban Development shall give priority to public housing agencies that submitted eligible applications for renewal of fiscal year 1995 elderly service coordinator grants pursuant to the Notice of Funding Availability for Service Coordinator Funds for fiscal

year 1998, as published in the Federal Register on June 1, 1998.

FEDERAL HOUSING ADMINISTRATION

FHA-MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

The limitation on commitments to guarantee loans to carry out

the purposes of section 203(b) of the National Housing Act, as

amended, is increased by an additional $30,000,000,000.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

The limitation on commitments to guarantee loans to carry out

the purposes of section 306 of the National Housing Act, as amended, is increased by an additional $50,000,000,000.

MANAGEMENT AND ADMINISTRATION

OFFICE OF INSPECTOR GENERAL

Under this heading in Public Law 105–276, add the words, ‘‘to remain available until September 30, 2000,’’ after ‘‘$81,910,000,’’.

INDEPENDENT AGENCY

NATIONAL CREDIT UNION ADMINISTRATION

CENTRAL LIQUIDITY FACILITY

During fiscal year 2000, gross obligations of the Central Liquidity Facility for the principal amount of new direct loans to

member credit unions shall not exceed the amount authorized by

title III of the National Credit Union Central Liquidity Facility Act

(12 U.S.C. 1795).

GENERAL PROVISIONS, THIS CHAPTER

SEC. 3012. Notwithstanding the 6th undesignated paragraph

under the heading ‘‘Community planning and development—Community development block grants’’ in title II of Public Law 105–276

and the related provisions of the joint explanatory statement of the
44

committee of conference to accompany such Act (House Report 105–

769) for the Economic Development Initiative (EDI) grants for targeted economic investments for Project Restore of Los Angeles, California and for the Southeast Rio Vista Family YMCA shall, notwithstanding such provision, be made available as follows: (1) $250,000 shall be for a grant to the Los Angeles Civic

Center Public Partnership, to revitalize and redevelop the Civic

Center neighborhood; and (2) $100,000 shall be for a grant to the Southeast Rio Vista

Family YMCA, for development of a child care center in the city

of Huntington Park, California.

SEC. 3013. Notwithstanding section 202 of the Housing Act of

1959, of the amounts appropriated for fiscal year 1999 under the

Housing for Special Populations heading in title II of Public Law

105–276, $1,000,000 shall be made available to the Maryland Department of Housing and Community Development for work associated with the building of Caritas House and for expansion of the

St. Ann Adult Medical Day Care facility as directed by the Senate

Report and Conference Report for such Act.

SEC. 3014. Notwithstanding any other provision of law or other

requirement, the Township of North Union, Fayette County, Pennsylvania, is authorized to retain any land disposition proceeds or

urban renewal grant funds remaining from the Industrial Park

Number 1 Urban Renewal Project (PA–R–325 and B–78–UR–42–

0204) and to use such funds in accordance with the requirements

of the community development block grant program as provided in

title I of the Housing and Community Development Act of 1974, as

amended, with respect to eligibility and national objectives of section 105 of such Act. The Township of North Union shall retain

such funds in a lump sum and shall be entitled to retain and use

past and future earnings from such funds, including any interest.

SEC. 3015. The $2,200,000 appropriated in Public Law 105–276

to meet sewer infrastructure needs associated with the 2002 Winter

Olympic Games in accordance with House Report 105–769 shall be

awarded to Wasatch County, Utah, for both water and sewer.

SEC. 3016. Of the amount appropriated under the heading ‘‘Environmental programs and management’’ in Public Law 105–276,

$1,300,000 shall be transferred to the ‘‘State and tribal assistance

grants’’ account for a grant for water and wastewater infrastructure

projects in the State of Idaho.

SEC. 3017. The $3,045,000 appropriated in Public Law 105–276

for wastewater infrastructure needs for Grand Isle, Louisiana, in

accordance with House Report 105–769, may also be used for drinking water supply needs for Grand Isle, Louisiana.

CHAPTER 11

GENERAL PROVISIONS, THIS TITLE

SEC. 3018. Division A, section 101(a), title XI, section 1122(c)

of Public Law 105–277 is amended by inserting after ‘‘basis’’ ‘‘: Provided, That no administrative costs shall be charged against this

program which would have been incurred otherwise’’.

SEC. 3019. (a) Section 339(b)(3) of the Consolidated Farm and

Rural Development Act (7 U.S.C. 1989(b)(3)) is amended—
45

(1) by striking the comma and the remainder of paragraph

(3) following the comma; and

(2) by inserting a period after ‘‘(1)’’.

(b) Section 353(c)(3)(C) of the Consolidated Farm and Rural

Development Act (7 U.S.C. 2001(c)(3)(C)) is amended by striking

‘‘100 percent’’ and inserting ‘‘110 percent’’.

SEC. 3020. (a) LOAN DEFICIENCY PAYMENTS FOR CLUB WHEAT

PRODUCERS.—In making loan deficiency payments available under

section 135 of the Agricultural Market Transition Act (7 U.S.C.

7235) to producers of club wheat, the Secretary of Agriculture may

not assess a premium adjustment on the amount that would otherwise be computed for club wheat under the section to reflect the premium that is paid for club wheat to ensure its availability to create

a blended specialty product known as western white wheat.

(b) RETROACTIVE APPLICATION.—As soon as practicable after

the date of the enactment of this Act, the Secretary of Agriculture

shall make a payment to each producer of club wheat who received

a discounted loan deficiency payment under section 135 of the Agricultural Market Transition Act (7 U.S.C. 7235) before that date as

a result of the assessment of a premium adjustment against club

wheat. The amount of the payment for a producer shall be equal to

the difference between—

(1) the loan deficiency payment that would have been made

to the producer in the absence of the premium adjustment; and

(2) the loan deficiency payment actually received by the producer.

(c) FUNDING SOURCE.—The Secretary shall use funds available

to provide marketing assistance loans and loan deficiency payments

under subtitle C of the Agricultural Market Transition Act (7 U.S.C.

7231 et seq.) to make the payments required by subsection (b).

SEC. 3021. Notwithstanding 50 U.S.C. App. 1989b et seq. and

in addition to any funds previously appropriated for this purpose,

the Attorney General may make available from any funds available

to the Department of Justice not more than $4,300,000 for the purpose of paying restitution to individuals: (1) who are eligible for restitution under the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b

et seq.) and who have filed timely claims for restitution; or (2) who

are found eligible under the settlement agreement in the case of Carmen Mochizuki et al. v. United States (Case No. 97–294C, United

States Court of Federal Claims) and filed timely claims covered by

the agreement.

SEC. 3022. Notwithstanding any other provision of law, the taking of a Cook Inlet beluga whale under the exemption provided in

section 101(b) of the Marine Mammal Protection Act (16 U.S.C.

1371(a)) between the date of the enactment of this Act and October

1, 2000, shall be considered a violation of such Act unless such taking occurs pursuant to a cooperative agreement between the National Marine Fisheries Service and affected Alaska Native organizations.

SEC. 3023. Section 626 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations

Act, 1999 (as contained in section 101(b) of division A of Public Law

105–277) is repealed.
46

SEC. 3024. Notwithstanding any other provision of law, the Director of the Office of Crime Victims of the Office of Justice Programs, Department of Justice, may make grants, as provided in the

Victims of Crime Act of 1984, as amended, to victim service organizations and public agencies (including Federal, State, and local

governments and non-profit organizations) that will provide emergency or on-going assistance to the victims of the bombing of Pan

Am flight 103. These grants shall be used only to provide emergency

relief (including compensation, assistance, and crisis response) and

other related victim services.

SEC. 3025. Section 617 of the Department of Commerce, Justice,

and State, the Judiciary, and Related Agencies Appropriations Act,

1999 (as added by section 101(b) of division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999

(Public Law 105–277)) is amended—

(1) by striking subsection (a) and inserting the following:

‘‘(a) None of the funds made available in this Act or any other

Act hereafter enacted may be used to issue or renew a fishing permit

or authorization for any fishing vessel of the United States greater

than 165 feet in registered length, of more than 750 gross registered

tons, or that has an engine or engines capable of producing a total

of more than 3,000 shaft horsepower as specified in the permit application required under part 648.4(a)(5) of title 50, Code of Federal

Regulations, part 648.12 of title 50, Code of Federal Regulations,

and the authorization required under part 648.80(d)(2) of title 50,

Code of Federal Regulations, to engage in fishing for Atlantic mackerel or herring (or both) under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), unless the

regional fishery management council of jurisdiction recommends

after October 21, 1998, and the Secretary of Commerce approves,

conservation and management measures in accordance with such

Act to allow such vessel to engage in fishing for Atlantic mackerel

or herring (or both).’’; and

(2) in subsection (b), by striking ‘‘subsection (a)(1)’’ and inserting ‘‘subsection (a)’’.

SEC. 3026. The Departments of Commerce, Justice, and State,

the Judiciary, and Related Agencies Appropriations Act, 1999 (as

contained in division A, section 101(b) of the Omnibus Consolidated

and Emergency Supplemental Appropriations Act, 1999 (Public

Law 105–277)) is amended—

(a) in title I, under the heading ‘‘Legal Activities, Salaries

and Expenses, General Legal Activities’’, by inserting ‘‘and shall

remain available until September 30, 2000’’ after ‘‘Holocaust

Assets in the United States’’; and

(b) in title IV, under the heading ‘‘Department of State, Administration of Foreign Affairs, Salaries and Expenses’’, by inserting ‘‘and shall remain available until September 30, 2000’’

after ‘‘Holocaust Assets in the United States’’.

SEC. 3027. (a) The American Fisheries Act (title II of division

C of Public Law 105–277) is amended—

(1) in section 202(b) by inserting a comma after ‘‘United

States Code’’;

(2) in section 207(d)(1)(A) by striking ‘‘Fishery Conservation

and Management’’;
47

(3) in section 208(b)(1) by striking ‘‘615085’’ and inserting

‘‘633219’’;

(4) in section 209(4) by striking ‘‘Uoited’’ and inserting

‘‘United’’;

(5) in section 210(g), by striking the first sentence and inserting ‘‘The violation of any of the requirements of this subtitle

or any regulation or permit issued pursuant to this subtitle

shall be considered the commission of an act prohibited by section 307 of the Magnuson-Stevens Act (16 U.S.C. 1857), and

sections 308, 309, 310, and 311 of such Act (16 U.S.C. 1858,

1859, 1860, and 1861) shall apply to any such violation in the

same manner as to the commission of an act prohibited by section 307 of such Act (16 U.S.C. 1857).’’;

(6) in section 213(c)(1) by striking ‘‘title’’ and inserting

‘‘subtitle’’; and

(7) in section 213(c)(2) by striking ‘‘title’’ and inserting

‘‘subtitle’’.

(b) Section 12122(c) of title 46, United States Code, is amended

by inserting a comma after ‘‘statement or representations’’.

(c) The limitation on registered length contained in section

12102(c)(6) of title 46, United States Code, shall not apply to a vessel used solely in any menhaden fishery which is located in the Gulf

of Mexico or along the Atlantic coast south of the area under the authority of the New England Fishery Management Council for so

long as such vessel is used in such fishery.

SEC. 3028. Section 113 of the Department of Justice Appropriations Act, 1999 (section 101(b) of division A of Public Law 105–277)

is amended by striking all after the second comma and inserting

‘‘the terms ‘tribe’, ‘Indian tribe’ or ‘tribal’ mean of or relating to an

Indian tribe as that term is defined in section 4(e) of the Indian Self

Determination and Education Assistance Act (Public Law 93–638,

as amended; 25 U.S.C. 450b(e) (1998)).’’.

SEC. 3029. (a) AVAILABILITY OF SETTLEMENT AMOUNT.—Notwithstanding any other provision of law, the amount received by the

United States in settlement of the claims described in subsection (b)

shall be available as specified in subsection (c).

(b) COVERED CLAIMS.—The claims referred to in this subsection

are the claims of the United States against Hunt Building Corporation and Ellsworth Housing Limited Partnership relating to the design and construction of an 828–unit family housing project at Ellsworth Air Force Base, South Dakota.

(c) SPECIFIED USES.—

(1) IN GENERAL.—Subject to paragraph (2), the amount referred to in subsection (a) shall be available as follows:

(A) Of the portion of such amount received in fiscal

year 1999—

(i) an amount equal to 3 percent of such portion

shall be credited to the Department of Justice Working

Capital Fund for the civil debt collection litigation activities of the Department with respect to the claims referred to in subsection (b), as provided for in section

108 of Public Law 103–121 (107 Stat. 1164; 28 U.S.C.

527 note); and

(ii) of the balance of such portion—
48

(I) an amount equal to 7⁄8 of such balance

shall be available to the Secretary of Transportation for purposes of construction of an access

road on Interstate Route 90 at Box Elder, South

Dakota (item 1741 of the table contained in section

1602 of the Transportation Equity Act for the 21st

Century (Public Law 105–178; 112 Stat. 320)); and

(II) an amount equal to 1⁄8 of such balance

shall be available to the Secretary of the Air Force

for purposes of real property and facility maintenance projects at Ellsworth Air Force Base.

(B) Of the portion of such amount received in fiscal

year 2000—

(i) an amount equal to 3 percent of such portion

shall be credited to the Department of Justice Working

Capital Fund in accordance with subparagraph (A)(i);

and

(ii) an amount equal to the balance of such portion

shall be available to the Secretary of Transportation

for purposes of construction of the access road described in subparagraph (A)(ii)(I).

(C) Of any portion of such amount received in a fiscal

year after fiscal year 2000—

(i) an amount equal to 3 percent of such portion

shall be credited to the Department of Justice Working

Capital Fund in accordance with subparagraph (A)(i);

and

(ii) an amount equal to the balance of such portion

shall be available to the Secretary of the Air Force for

purposes of real property and facility maintenance

projects at Ellsworth Air Force Base.

(2) LIMITATION ON AVAILABILITY OF FUNDS FOR ACCESS

ROAD.—

(A) LIMITATION.—The amounts referred to in subparagraphs (A)(ii)(I) and (B)(ii) of paragraph (1) shall be available as specified in such subparagraphs only if, not later

than September 30, 2000, the South Dakota Department of

Transportation enters into an agreement with the Federal

Highway Administration providing for the construction of

an interchange on Interstate Route 90 at Box Elder, South

Dakota.

(B) ALTERNATIVE AVAILABILITY OF FUNDS.—If the

agreement described in subparagraph (A) is not entered

into by the date referred to in that subparagraph, the

amounts described in that subparagraph shall be available

to the Secretary of the Air Force as of that date for purposes

of real property and facility maintenance projects at Ellsworth Air Force Base.

(3) AVAILABILITY OF AMOUNTS.—

(A) ACCESS ROAD.—Amounts available under this section for construction of the access road described in paragraph (1)(A)(ii)(I) are in addition to amounts available for

the construction of that access road under any other provision of law.
49

(B) PROPERTY AND FACILITY MAINTENANCE PROJECTS.— Notwithstanding any other provision of law, amounts

available under this section for property and facility maintenance projects at Ellsworth Air Force Base shall remain

available for expenditure without fiscal year limitation.

SEC. 3030. The Corps of Engineers is directed to reprogram $800,000 of the funds made available to that agency in fiscal year

1999 for the operation of the Pick-Sloan project to perform the preliminary work needed to transfer Federal lands to certain tribes and

the State of South Dakota, and to protect invaluable Indian cultural

sites, under the Cheyenne River Sioux Tribe, Lower Brule Sioux

Tribe, and State of South Dakota Terrestrial Wildlife Habitat Restoration Act.

SEC. 3031. PROHIBITION ON TREATING ANY FUNDS RECOVERED

FROM TOBACCO COMPANIES AS AN OVERPAYMENT FOR PURPOSES OF

MEDICAID. (a) AMENDMENT TO SOCIAL SECURITY ACT.—Section

1903(d)(3) of the Social Security Act (42 U.S.C. 1396b(d)(3)) is

amended—

(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and

(2) by adding at the end the following:

‘‘(B)(i) Subparagraph (A) and paragraph (2)(B) shall not

apply to any amount recovered or paid to a State as part of the

comprehensive settlement of November 1998 between manufacturers of tobacco products, as defined in section 5702(d) of the

Internal Revenue Code of 1986, and State Attorneys General, or

as part of any individual State settlement or judgment reached

in litigation initiated or pursued by a State against one or more

such manufacturers.

‘‘(ii) Except as provided in subsection (i)(19), a State may

use amounts recovered or paid to the State as part of a comprehensive or individual settlement, or a judgment, described in

clause (i) for any expenditures determined appropriate by the

State.’’.

(b) PROHIBITION ON PAYMENT FOR ADMINISTRATIVE EXPENSES

INCURRED IN PURSUING TOBACCO LITIGATION.—Section 1903(i) of

the Social Security Act (42 U.S.C. 1396b(i)) is amended—

(1) in paragraph (18), by striking the period and inserting

‘‘; or’’; and

(2) by inserting after paragraph (18) the following new

paragraph:

‘‘(19) with respect to any amount expended on administrative costs to initiate or pursue litigation described in subsection

(d)(3)(B).’’.

(c) EFFECTIVE DATE.—This section and the amendments made

by this section shall apply to amounts paid to a State prior to, on,

or after the date of the enactment of this Act.

SEC. 3032. (a) The treatment provided to firefighters under section 628(f) of the Treasury and General Government Appropriations

Act, 1999 (as included in section 101(h) of division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act,

1999 (Public Law 105–277)) shall be provided to any firefighter

who—

(1) on the effective date of section 5545b of title 5, United

States Code—
50

(A) was subject to such section; and

(B) had a regular tour of duty that averaged more than

60 hours per week; and

(2) before December 31, 1999, is involuntarily moved without a break in service from the regular tour of duty under paragraph (1) to a regular tour of duty that—

(A) averages 60 hours or less per week; and

(B) does not include a basic 40–hour workweek.

(b) Subsection (a) shall apply to firefighters described under

that subsection as of the effective date of section 5545b of title 5,

United States Code.

(c) The Office of Personnel Management may prescribe regulations necessary to implement this section.

SEC. 3033. HOWELL T. HEFLIN POST OFFICE BUILDING. (a) DESIGNATION.—The facility of the United States Postal Service under

construction at Tuscumbia, Alabama is designated as the ‘‘Howell

T. Heflin Post Office Building’’.

(b) LEGAL REFERENCES.—Any reference in a law, regulation,

document, record, map, or other paper of the United States to the

facility referred to in subsection (a) is deemed to be a reference to

the ‘‘Howell T. Heflin Post Office Building’’.

SEC. 3034. (a) CONSIDERATION FOR LAND CONVEYANCE, SAN

JOAQUIN COUNTY, CALIFORNIA.—Subsection (c) of section 140 of division C of Public Law 105–277 is amended—

(1) by inserting ‘‘(1)’’ before ‘‘The purpose’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) Notwithstanding subsection (a), the conveyance of the approximately 150–acre parcel described in paragraph (1) shall be

without consideration. As consideration for the approximately 50–

acre parcel intended for economic development, which shall be selected by the City, the City shall pay to the United States an amount

equal to the fair market value of the parcel, as determined by an

appraisal satisfactory to the Attorney General and the City.’’.

(b) CONDITIONS ON USE.—Subsection (d) of such section is

amended—

(1) by striking paragraph (2); and

(2) by redesignating paragraph (3) as paragraph (2).

(c) REVERSION.—Subsection (e) of such section is amended—

(1) by striking paragraph (2); and

(2) by redesignating paragraph (3) as paragraph (2).

(d) TIME FOR CONVEYANCE.—Subsection (a) of such section is

amended by striking ‘‘120 days after the date of the enactment of

this Act’’ and inserting ‘‘August 21, 1999’’.

SEC. 3035. Notwithstanding any other provision of law, the Administrator of General Services is directed to utilize resources in the

Federal Buildings Fund to purchase, at fair market value, not to exceed $700,000, the United States Post Office and Federal Courthouse Building located on Mill Street in Fergus Falls, Minnesota:

Provided, That such sums necessary to effect this provision are appropriated from the Federal Buildings Fund.
51

TITLE IV—RESCISSIONS AND OFFSETS

DEPARTMENT OF AGRICULTURE

FOOD AND NUTRITION SERVICE

FOOD STAMP PROGRAM

(RESCISSION)

Of the amounts made available under this heading in division

A, section 101(a), title IV of Public Law 105–277, $1,250,000,000

are rescinded.

DEPARTMENT OF STATE AND RELATED AGENCIES

RELATED AGENCIES

UNITED STATES INFORMATION AGENCY

BUYING POWER MAINTENANCE

(RESCISSION)

Of the unobligated balances available under this heading,

$20,000,000 are rescinded.

MULTILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL FINANCIAL INSTITUTIONS

CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION

AND DEVELOPMENT

GLOBAL ENVIRONMENT FACILITY

(RESCISSION)

Of the funds appropriated under this heading in Public Law

105–277, $25,000,000 are rescinded.

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

(RESCISSION)

Of the funds appropriated under this heading in Public Law

105–277 and in prior acts making appropriations for foreign operations, export financing, and related programs, $5,000,000 are rescinded.
52

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

(RESCISSION)

Of the amounts appropriated under this heading in previous appropriations Acts, $6,800,000 are rescinded.

DEPARTMENT OF LABOR

EMPLOYMENT AND TRAINING ADMINISTRATION

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

Under this heading in section 101(f) of Public Law 105–277, strike ‘‘$3,132,076,000’’ and insert ‘‘$3,109,676,000’’ and strike

‘‘$180,933,000’’ and insert ‘‘$163,533,000’’.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

HEALTH RESOURCES AND SERVICES ADMINISTRATION

FEDERAL CAPITAL LOAN PROGRAM FOR NURSING

(RESCISSION)

Of the funds made available under the Federal Capital Loan Program for Nursing appropriation account, $2,800,000 are rescinded.

DEPARTMENT OF EDUCATION

EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

(RESCISSION)

Of the funds made available under this heading in section

101(f) of Public Law 105–277, $6,500,000 are rescinded.

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

(RESCISSIONS)

Of the funds provided in the Military Construction Appropriations Act, 1999, the following funds are hereby rescinded as of the

date of the enactment of this Act from the following accounts in the

specified amounts: ‘‘Military Construction, Army’’, $3,000,000;

‘‘Military Construction, Navy’’, $2,000,000;

‘‘Military Construction, Air Force’’, $3,000,000;

‘‘Military Construction, Defense-Wide’’, $2,000,000;

‘‘Family Housing, Army’’ for Construction, $1,000,000; for

Operations and Maintenance, $7,000,000;

‘‘Family Housing, Navy’’ for Construction, $1,000,000; for

Operations and Maintenance, $2,000,000;
53

‘‘Family Housing, Air Force’’ for Construction, $1,000,000;

for Operations and Maintenance, $3,000,000; and

‘‘Base Realignment and Closure Account, Part IV’’,

$6,400,000.

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

Of the budgetary resources provided for ‘‘Small Community Air

Service’’ by Public Law 101–508 for fiscal years prior to fiscal year

1998, $815,000 are rescinded.

FEDERAL HIGHWAY ADMINISTRATION

STATE INFRASTRUCTURE BANKS

(RESCISSION)

Of the available balances under this heading, $6,500,000 are

rescinded.

FEDERAL TRANSIT ADMINISTRATION

TRUST FUND SHARE OF TRANSIT PROGRAMS

(HIGHWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

Of the budgetary resources provided for ‘‘Trust fund share of

transit programs’’ in Public Law 102–240 under 49 U.S.C.

5338(a)(1), $665,000 are rescinded.

INTERSTATE TRANSFER GRANTS—TRANSIT

Of the available balances under this heading, $600,000 are rescinded.

DEPARTMENT OF THE TREASURY

BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

SALARIES AND EXPENSES

(RESCISSION)

Of the funds made available under this heading in division A

of the Omnibus Consolidated and Emergency Supplemental Appropriations, 1999 (Public Law 105–277) $4,500,000 for the expansion

of the National Tracing Center are rescinded.
54

EXECUTIVE OFFICE OF THE PRESIDENT

FUNDS APPROPRIATED TO THE PRESIDENT

UNANTICIPATED NEEDS

(RESCISSION)

Of the funds made available under this heading in Public Law

101–130, the Fiscal Year 1990 Dire Emergency Supplemental to

Meet the Needs of Natural Disasters of National Significance,

$10,000,000 are rescinded.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

PUBLIC AND INDIAN HOUSING

ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

(RESCISSION)

Of the amounts recaptured from funds appropriated under this

heading during fiscal year 1999 and prior years, $350,000,000 are

rescinded.

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT BLOCK GRANTS

(RESCISSION)

Of the unobligated balances available under this heading in division B, of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277),

$230,000,000 are rescinded.

GENERAL PROVISION, THIS TITLE

SEC. 4001. Of the amount made available under division B,

title V, chapter 1 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277)

$22,466,000 are rescinded.

TITLE V—TECHNICAL CORRECTIONS

SEC. 5001. The Agriculture, Rural Development, Food and

Drug Administration, and Related Agencies Appropriations Act,

1999 (as contained in division A, section 101(a) of the Omnibus

Consolidated and Emergency Supplemental Appropriations Act,

1999 (Public Law 105–277)) is amended:

(1) in title III, under the heading ‘‘Rural Community Advancement Program (Including Transfer of Funds)’’, by inserting ‘‘1926d,’’ after ‘‘1926c,’’; by inserting ‘‘, 306C(a)(2), and

306D’’ after ‘‘381E(d)(2)’’ the first time it appears in the paragraph; and by striking ‘‘, as provided in 7 U.S.C. 1926(a) and

7 U.S.C. 1926C’’;

(2) in title VII, in section 718 by striking ‘‘this Act’’ and inserting ‘‘annual appropriations Acts’’;
55

(3) in title VII, in section 747 by striking ‘‘302’’ and inserting ‘‘203’’; and

(4) in title VII, in section 763(b)(3) by striking ‘‘section

402(d) of Public Law 94–265’’ and inserting ‘‘section 116(a) of

Public Law 104–297’’.

SEC. 5002. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 ( as contained in division

A, section 101(d) of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277)) is

amended—

(1) in title II under the heading ‘‘Burma’’ by striking ‘‘headings ‘Economic Support Fund’ and’’ and inserting ‘‘headings

‘Child Survival and Disease Programs Fund’, ‘Economic Support Fund’ and’’;

(2) in title V in section 587 by striking ‘‘199–339’’ and inserting ‘‘99–399’’;

(3) in title V in subsection 594(a) by striking ‘‘subparagraph (C)’’ and inserting ‘‘subsection (c)’’;

(4) in title V in subsection 594(b) by striking ‘‘subparagraph (a)’’ and inserting ‘‘subsection (a)’’; and

(5) in title V in subsection 594(c) by striking ‘‘521 of the annual appropriations Act for Foreign Operations, Export Financing, and Related Programs’’ and inserting ‘‘520 of this Act’’.

SEC. 5003. Subsection 1706(b) of title XVII of the International

Financial Institutions Act (22 U.S.C. 262r–262r–2), as added by section 614 of the Foreign Operations, Export Financing, and Related

Programs Appropriations Act, 1999, is amended by striking ‘‘June

30’’ and inserting ‘‘September 30’’.

SEC. 5004. The Department of the Interior and Related Agencies

Appropriations Act, 1999 (as contained in division A, section 101(e)

of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277)) is amended:

(1) in the last proviso under the heading ‘‘United States

Fish and Wildlife Service, Administrative Provisions’’ by striking ‘‘section 104(c)(50)(B) of the Marine Mammal Protection Act

(16 U.S.C. 1361–1407)’’ and inserting ‘‘section 104(c)(5)(B) of

the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361–

1407)’’.

(2) under the heading ‘‘Bureau of Indian Affairs, Operation

of Indian Programs’’, by striking ‘‘$94,010,000’’ and inserting

‘‘$94,046,000’’, by striking ‘‘$114,871,000’’ and inserting

‘‘$114,891,000’’, by striking ‘‘$387,365,000’’ and inserting

‘‘$389,307,000’’, and by striking ‘‘$52,889,000’’ and inserting

‘‘$53,039,000’’.

(3) in section 354(a) by striking ‘‘16 U.S.C. 544(a)(2))’’ and

inserting ‘‘16 U.S.C. 544b(a)(2))’’.

(4) The amendments made by paragraphs (1), (2), and (3)

of this section shall take effect as if included in Public Law

105–277 on the date of its enactment.

SEC. 5005. The Departments of Labor, Health and Human

Services, Education, and Related Agencies Appropriations Act, 1999

(as contained in division A, section 101(f) of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277)) is amended—
56

(1) in title I, under the heading ‘‘Federal Unemployment

Benefits and Allowances’’, by striking ‘‘during the current fiscal

year’’ and inserting ‘‘from October 1, 1998, through September

30, 1999’’;

(2) in title II under the heading ‘‘Office of the Secretary, General Departmental Management’’ by striking ‘‘$180,051,000’’

and inserting ‘‘$188,051,000’’;

(3) in title II under the heading ‘‘Children and Families

Services Programs, (Including Rescissions)’’ by striking ‘‘notwithstanding section 640 (a)(6), of the funds made available for

the Head Start Act, $337,500,000 shall be set aside for the

Head Start Program for Families with Infants and Toddlers

(Early Head Start): Provided further, That’’;

(4) in title II under the heading ‘‘Office of the Secretary,

General Departmental Management’’ by inserting after the first

proviso the following: ‘‘Provided further, That of the funds

made available under this heading for carrying out title XX of

the Public Health Service Act, $10,831,000 shall be for activities

specified under section 2003(b)(2), of which $9,131,000 shall be

for prevention service demonstration grants under section

510(b)(2) of title V of the Social Security Act, as amended, without application of the limitation of section 2010(c) of said title

XX:’’;

(5) in title III under the heading ‘‘Special Education’’ by inserting before the period at the end of the paragraph the following: ‘‘: Provided further, That $1,500,000 shall be for the recipient of funds provided by Public Law 105–78 under section

687(b)(2)(G) of the Act to provide information on diagnosis,

intervention, and teaching strategies for children with disabilities’’;

(6) in title II under the heading ‘‘Public Health and Social Services Emergency Fund’’ by striking ‘‘$322,000’’ and inserting

‘‘$180,000’’;

(7) in title III under the heading ‘‘Education Reform’’ by

striking ‘‘$491,000,000’’ and inserting ‘‘$459,500,000’’;

(8) in title III under the heading ‘‘Vocational and Adult

Education’’ by striking ‘‘$6,000,000’’ the first time that it appears and inserting ‘‘$14,000,000’’, and by inserting before the

period at the end of the paragraph the following: ‘‘: Provided

further, That of the amounts made available for the Perkins

Act, $4,100,000 shall be for tribally controlled postsecondary vocational institutions under section 117’’;

(9) in title III under the heading ‘‘Higher Education’’ by inserting after the first proviso the following: ‘‘Provided further,

That funds available for part A, subpart 2 of title VII of the

Higher Education Act shall be available to fund awards for

academic year 1999–2000 for fellowships under part A, subpart

1 of title VII of said Act, under the terms and conditions of part

A, subpart 1:’’;

(10) in title III under the heading ‘‘Education Research,

Statistics, and Improvement’’ by inserting after the third proviso the following: ‘‘Provided further, That of the funds appropriated under section 10601 of title X of the Elementary and

Secondary Education Act of 1965, as amended, $1,000,000
57

shall be used to conduct a violence prevention demonstration

program:’’;

(11) in title III under the heading ‘‘Reading Excellence’’ by

inserting before the period at the end of the paragraph the following: ‘‘: Provided, That up to 1 percent of the amount appropriated shall be available October 1, 1998 for peer review of applications’’;

(12) in title V in section 510(3) by inserting after ‘‘Act’’ the

following: ‘‘or subsequent Departments of Labor, Health and

Human Services, Education, and Related Agencies Appropriations Acts’’; and

(13)(A) in title VIII in section 405 by striking subsection (e)

and inserting the following:

‘‘(e) OTHER REFERENCES TO TITLE VII OF THE STEWART B.

MCKINNEY HOMELESS ASSISTANCE ACT.—The table of contents of

the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301

et seq.) is amended—

‘‘(1) by striking the items relating to title VII of such Act,

except the item relating to the title heading and the items relating to subtitles B and C of such title; and

‘‘(2) by striking the item relating to the title heading for

title VII and inserting the following:

‘‘ ‘TITLE VII—EDUCATION AND TRAINING’.’’.

(B) The amendments made by subsection (m)(1) of this section shall take effect as if included in Public Law 105–277 on

the date of its enactment.

SEC. 5006. The last sentence of section 5595(b) of title 5, United

States Code (as added by section 309(a)(2) of the Legislative Branch

Appropriations Act, 1999; Public Law 105–275), is amended by

striking ‘‘(a)(1)(G)’’ and inserting ‘‘(a)(1)(C)’’.

SEC. 5007. Division B, title II, chapter 5 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999

(Public Law 105–277) is amended under the heading ‘‘Capitol Police

Board, Security Enhancements’’ by inserting before the period at the

end of the paragraph ‘‘: Provided further, That for purposes of carrying out the plan or plans described under this heading and consistent with the approval of such plan or plans pursuant to this

heading, the Capitol Police Board shall transfer the portion of the

funds made available under this heading which are to be used for

personnel and overtime increases for the United States Capitol Police to the heading ‘‘Capitol Police Board, Capitol Police, Salaries’’

under the Act making appropriations for the legislative branch for

the fiscal year involved, and shall allocate such portion between the

Sergeant at Arms of the House of Representatives and the Sergeant

at Arms and Doorkeeper of the Senate in such amounts as may be

approved by the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate’’.

SEC. 5008. Division B, title 1, chapter 3 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999

(Public Law 105–277) is amended under the heading ‘‘Family Housing, Navy and Marine Corps’’ by striking the word ‘‘Hurricane’’ and

inserting ‘‘Hurricanes Georges and’’.
58

SEC. 5009. The Department of Transportation and Related

Agencies Appropriations Act, 1999, as contained in division A, section 101(g) of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277), is amended

in title I under the heading ‘‘Capital Investment Grants (Including

Transfer of Funds)’’ within the project description of project number

127, by inserting the words ‘‘and bus facilities’’ after the word ‘‘replacements’’, and within the project description of project number

261 by striking the words ‘‘Multimodal Center’’ and inserting ‘‘buses

and bus related facilities’’.

SEC. 5010. The Department of Transportation and Related

Agencies Appropriations Act, 1999, as contained in division A, section 101(g) of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277), is amended

in title I under the heading ‘‘Federal-Aid Highways (Limitation on

Obligations) (Highway Trust Fund)’’ by striking ‘‘not more than

$38,000,000 shall be available for the implementation and execution

of the Ferry Boat and Ferry Terminal Facility Program’’, and inserting ‘‘not more than $59,290,000 shall be available for the implementation and execution of the Ferry Boat and Ferry Terminal Facility Program’’.

SEC. 5011. Section 3347(b) of title 5, United States Code, as

added by the Federal Vacancies Reform Act of 1998, is amended by

striking ‘‘provision to which subsection (a)(2) applies’’ and inserting

‘‘provision to which subsection (a)(1) applies’’.

TITLE VI—GENERAL PROVISIONS, THIS ACT

SEC. 6001. Effective October 1, 1999, section 234 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2194) is amended by—

(1) striking the paragraph within subsection 234(g) that is

currently designated as 234(c);

(2) in paragraph (g)(2), changing the title to read ‘‘Equity

Authority Limited to Projects in Sub-Saharan Africa and Caribbean Basin and Marine Transportation Projects Globally’’

and inserting after the words ‘‘Caribbean Basin Economic Recovery Act’’ the following: ‘‘and in marine transportation

projects in countries and areas eligible for OPIC support worldwide using United States commercial maritime expertise’’; and

(3) inserting a new paragraph (g)(5) to read:

‘‘IMPLEMENTATION.—To the extent provided in advance in Appropriations Acts, the Corporation is authorized to create such legal

vehicles as may be necessary for implementation of its authorities,

which legal vehicles may be deemed non-Federal borrowers for purposes of the Federal Credit Reform Act of 1990. Income and proceeds of investments made pursuant to this section 234(g) may be

used to purchase equity or quasi-equity securities in accordance

with the provisions of this section: Provided, however, That such

purchases shall not be limited to the 4–year period of the pilot program: Provided further, That the limitations contained in section

234(g)(2) shall not apply to such purchases.’’.

SEC. 6002. (a) AUTHORIZATION OF APPROPRIATIONS.—Section

48103 of title 49, United States Code, is amended by striking

‘‘$1,607,000,000 for the 8–month period beginning October 1, 1998.’’
59

and inserting ‘‘$2,050,000,000 for the period beginning October 1,

1998 and ending August 6, 1999.’’.

(b) OBLIGATIONAL AUTHORITY.—Section 47104(c) of such title is

amended by striking ‘‘May 31, 1999,’’ and inserting ‘‘August 6,

1999,’’.

(c) LIQUIDATION OF CONTRACT AUTHORIZATION.—The Department of Transportation and Related Agencies Appropriations Act,

1999, as amended, is further amended as follows: Delete the last

proviso under the heading ‘‘Grants-in-Aid for Airports, (Liquidation

of Contract Authorization), (Airport and Airway Trust Fund)’’ and

insert ‘‘Provided further, That not more than $1,660,000,000 of

funds limited under this heading may be obligated before the enactment of a law extending contract authorization for the Grants-inAid for Airports Program beyond August 6, 1999.’’.

(d) MILITARY AIRPORT PROGRAM.—Section 47117(e)(1)(B) of title

49, United States Code, is amended by striking ‘‘for each of fiscal

years 1997 and 1998’’.

(e) RELEASE OF MWAA FUNDING.—Section 9(a) of the Interim

Federal Aviation Administration Authorization Act (Public Law

106–6) is amended by striking ‘‘(an application that is pending at

the Department of Transportation on March 17, 1999) for expenditure or obligation of up to $30,000,000’’ and inserting ‘‘for expenditure or obligation of up to $60,000,000’’.

(f) EXTENSION OF AVIATION INSURANCE PROGRAM.—Section

44310 of title 49, United States Code, is amended by striking ‘‘May

31, 1999’’ and inserting ‘‘August 6, 1999’’.

SEC. 6003. TITLE 49 RECODIFICATION CORRECTION.—Effective

December 31, 1998, section 4(k) of the Act of July 5, 1994 (Public

Law 103–272; 108 Stat. 1370), as amended by section 7(a)(3)(D) of

the Act of October 31, 1994 (Public Law 103–429; 108 Stat. 4329),

is repealed.

SEC. 6004. Section 3027(d)(3) of the Transportation Equity Act

for the 21st Century (49 U.S.C. 5307 note; 112 Stat. 366) as added

by section 360 of the Department of Transportation and Related

Agencies Appropriations Act, 1999 (as contained in division A, section 101(g) of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277)) is redesignated as section 3027(c)(3).

SEC. 6005. It is the sense of the Congress that there should continue to be parity between the adjustments in the compensation of

members of the uniformed services and the adjustments in the compensation of civilian employees of the United States.
60

This Act may be cited as the ‘‘1999 Emergency Supplemental

Appropriations Act’’.

And the Senate agree to the same.

BILL YOUNG,

RALPH REGULA,

JERRY LEWIS,

JOHN PORTER,

HAROLD ROGERS,

JOE SKEEN,

FRANK R. WOLF,

JIM KOLBE,

RON PACKARD,

SONNY CALLAHAN,

JAMES T. WALSH,

CHARLES H. TAYLOR,

DAVID L. HOBSON,

JOHN P. MURTHA,

NORMAN D. DICKS,

ALLAN B. MOLLOHAN,

Managers on the Part of the House.

TED STEVENS, THAD COCHRAN, ARLEN SPECTER, PETE V. DOMENICI, CHRISTOPHER S. BOND, SLADE GORTON, MITCH MCCONNELL, CONRAD BURNS, RICHARD SHELBY, ROBERT F. BENNETT, BEN NIGHTHORSE CAMPBELL, LARRY CRAIG,

KAY BAILEY HUTCHISON,

JON KYL,

ROBERT C. BYRD,

DANIEL K. INOUYE,

ERNEST F. HOLLINGS,

PATRICK J. LEAHY,

FRANK R. LAUTENBERG,

BARBARA A. MIKULSKI,

HARRY REID,

HERB KOHL,

DIANNE FEINSTEIN,

Managers on the Part of the Senate.
(61)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The managers on the part of the House and the Senate at the

conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R. 1141) making emergency

supplemental appropriations for the fiscal year ending September

30, 1999, and for other purposes, submit the following joint statement to the House and the Senate in explanation of the effects of

the action agreed upon by the managers and recommended in the

accompanying conference report.

Report language included by the House in the report accompanying H.R. 1141 (H. Rept. 106–64) which is not changed by the

Senate in the report accompanying S. 544 (S. Rept. 106–8), and

Senate report language which is not changed by the conference are

approved by the committee of conference. The statement of managers while repeating some report language for emphasis, is not intended to negate the language referred to above unless expressly

provided herein.

The conferees have agreed to include in this conference report

on H.R. 1141 matters addressed in the House version of H.R. 1664

as an expedient approach to getting appropriations enacted into

law for the important requirements related to the conflict in

Kosovo and Southwest Asia (Operation Desert Fox).

TITLE I

EMERGENCY SUPPLEMENTAL APPROPRIATIONS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

ADDITIONAL FARM ASSISTANCE

The conferees recognize the problems facing agricultural producers today and understand that the actual needs for disaster assistance funds provided last year likely will exceed the projections

of the Department of Agriculture. The Department of Agriculture

has projected that net farm income will decline $3 billion below last

year. The conferees expect the administration to monitor the situation closely and if necessary, submit requests for additional funds

to the Congress for consideration.

EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND SEASONAL

FARMWORKERS

The conference agreement provides $20,000,000 for emergency

grants to assist low-income migrant and seasonal farmworkers in-
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stead of $25,000,000 as proposed by the Senate. The House had no

similar provision. This program will provide assistance to farmworkers in areas of California and Florida impacted by natural disasters.

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

The conference agreement does not include language proposed

by the Senate providing additional funding for the agricultural

marketing assistance and the rural business enterprise grant programs. The House had no similar provision. The conferees encourage the Department to give consideration to rural business enterprise grant applications from those States in the Northeast where

apples and onions are grown. The conferees strongly encourage the

Agricultural Marketing Service to consider applications for grants

from these States to assist in the development of successful marketing strategies for apples and onions.

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32)

The conference agreement provides $145,000,000 for activities

under section 32 instead of $150,000,000 as proposed by the Senate. The conference agreement also includes language proposed by

the Senate as a general provision allowing the Secretary of Agriculture to waive the limitation established under section 32 on the

amount of funds that may be devoted during fiscal year 1999 to

any one agricultural commodity or product. The House had no similar provisions.

FARM SERVICE AGENCY

SALARIES AND EXPENSES

The conference agreement provides an additional $42,753,000

for salaries and expenses for temporary employees of the Farm

Service Agency as proposed by both the House and the Senate.

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides a total of $109,609,000 for

additional farm ownership loans, farm operating loans, emergency

loans, and administrative expenses as proposed by both the House

and the Senate, to remain available until September 30, 2000, as

proposed by the House. The conference agreement also includes

language to facilitate the repayment of funds re-directed from the

Farm Service Agency Salaries and Expenses account in anticipation of supplemental funding, and to permit transfers between the

farm operating and ownership guaranteed and direct lending programs subject to the prior approval of the House and Senate Committees on Appropriations.
63

EMERGENCY CONSERVATION PROGRAM

The conference agreement provides $28,000,000 for the Emergency Conservation Program instead of $30,000,000 as proposed by

the Senate. The House had no similar provision. The conference

agreement also includes statutory language to allow previously appropriated funds not needed for cost-sharing assistance to maple

producers to replace taps and tubing to be available for other

Emergency Conservation Program activities, and to allow funds to

be used for certain streambank restoration.

The conferees are aware of a recent fire in Nebraska for which

these funds may be available.

COMMODITY CREDIT CORPORATION FUND

LIVESTOCK INDEMNITY PROGRAM

The conference agreement provides $3,000,000 for the livestock

indemnity program as proposed by the Senate, modified to state

that the program shall be effective only for certain losses. The

House had no similar provision.

NATURAL RESOURCES CONSERVATION SERVICE

WATERSHED AND FLOOD PREVENTION OPERATIONS

The conference agreement provides $95,000,000 for Watershed

and Flood Prevention Operations instead of $100,000,000 as proposed by the Senate, and deletes language proposed by the Senate

regarding debris removal. The House had no similar provision. The

conferees understand that authority currently exists for such debris

removal activities.

RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS

RURAL COMMUNITY ADVANCEMENT PROGRAM

The conference agreement provides $30,000,000 for direct loans

and grants to rural utilities, of which $25,000,000 shall be for

grants, as proposed by the Senate. The House had no similar provision.

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

The conference agreement provides a total of $1,534,000 for

section 502 single-family housing loans and for section 504 housing

repair loans to meet needs resulting from natural disasters as proposed by the Senate. The House had no similar provision.

RURAL HOUSING ASSISTANCE GRANTS

The conference agreement provides $1,000,000 for very low-income housing repair to meet needs resulting from natural disasters

as proposed by the Senate. The House had no similar provision.
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GENERAL PROVISIONS, THIS CHAPTER

Senate Section 1101. The conference agreement does not include a general provision proposed by the Senate regarding the limitation established under Section 32 on the amount of funds devoted in a fiscal year to any one agricultural commodity or product.

The House had no similar provision. This matter is addressed in

the conference agreement under the heading ‘‘Funds for Strengthening Markets, Income, and Supply (Section 32)’’.

Senate Section 1102. The conference agreement includes language to allow assistance for certain multiyear crop losses for the

years in which established loss thresholds were met. The Senate

provision would have made losses in additional years eligible. The

House had no similar provision.

Senate Section 1103. The conference agreement includes language which provides $28,000,000 in fiscal year 1999 and

$35,000,000 in fiscal year 2000 through the Commodity Credit Corporation for technical assistance activities in carrying out the Conservation Reserve Program and the Wetlands Reserve Program.

The Senate provision addressed fiscal year 1999. The House had no

similar provision.

Senate Section 1104. The conference agreement includes language proposed by the Senate regarding commercial fisheries. The

House had no similar provision.

Senate Section 1105. The conference agreement provides

$70,000,000 for the livestock assistance program as proposed by

the Senate, and adds language providing that the definition of livestock shall include reindeer. The House had no similar provision.

Senate Section 1106. The conference agreement does not include Section 1106, as proposed by the Senate, to extend the sales

closing date for producers who applied for crop revenue coverage

plus. The House had no similar provision. Similar provisions are

included in Public Law 106–7.

Senate Section 4013. The conference agreement includes language proposed by the Senate regarding the Denali Commission

Act of 1998, modified to include a contingent emergency declaration. The House had no similar provision.

CHAPTER 2

DEPARTMENT OF JUSTICE

IMMIGRATION AND NATURALIZATION SERVICE

SALARIES AND EXPENSES

ENFORCEMENT AND BORDER AFFAIRS

The conference agreement includes $80,000,000, as an emergency appropriation, to remain available until expended, as proposed in the House bill, for 2,945 additional detention beds for the

detention of criminal aliens from Central America and illegal aliens

from Central America apprehended at or near the border. The conferees understand that these funds are necessary to prevent criminal aliens from Central America from being released into the community while awaiting deportation and to provide for detention
65

space at or near the border for apprehended illegal aliens from

Central America and direct the Attorney General to administer

these funds. The detention of aliens along the Southwest border

serves as a major deterrent to potential illegal border crossings and

is necessary to prevent large numbers of Central Americans from

traveling north and illegally entering the U.S.

The conferees share the concerns raised in the House and Senate reports and strongly urge INS to address its management failures to adequately identify its detention needs, to request the necessary funds to prevent criminal aliens from being released, and to

support the border enforcement strategy. The conferees recognize

that the fiscal year 1999 budget request from INS only included

minimal contract and State and local beds, approximately 100, necessitating the resource requirement that this supplemental attempts to address.

The conferees direct the INS to promptly deliver all previously

requested and overdue reports.

OTHER PROVISIONS

Emergency Steel Loan Guarantee Act of 1999.—The Conference agreement deleted, without prejudice, the emergency steel

loan guarantee program, as proposed by the Senate. No similar

provision was included in the House bill.

Emergency Oil and Gas Guaranteed Loan Program Act.—The

Conference agreement deleted, without prejudice, the emergency oil

and gas guaranteed loan program, as proposed by the Senate. No

similar provision was included in the House bill.

CHAPTER 3

DEPARTMENT OF DEFENSE—MILITARY

Chapter 3 of the conference agreement recommends a total of

$215,900,000 in new budget authority for the Department of Defense, instead of $194,900,000 as proposed by the House and

$209,700,000 as proposed by the Senate, for disaster relief efforts

resulting from Hurricanes Mitch and Georges in Central America.

The conferees agree to retain and amend language, as requested by the President and proposed by the House, which designates all appropriations as emergency requirements.

The following table provides details of the emergency supplemental appropriations in this chapter for disaster assistance related to Hurricanes Mitch and Georges.

DEPARTMENT OF DEFENSE SUPPLEMENTAL APPROPRIATIONS

[In thousands of dollars]

Budget House Senate Conference

Military Personnel:

Army Reserve ........................................................................ 2,900 8,000 2,900 8,000

Army National Guard ............................................................ 6,000 7,300 7,300 7,300

Air National Guard ................................................................ 1,000 1,000 1,000 1,000

Total .................................................................................. 9,900 16,300 11,200 16,300

Operation and Maintenance:

Army ...................................................................................... 69,500 69,500 50,000 50,000
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DEPARTMENT OF DEFENSE SUPPLEMENTAL APPROPRIATIONS—Continued

[In thousands of dollars]

Budget House Senate Conference

Navy ...................................................................................... 16,000 16,000 16,000 13,900

Marine Corps ......................................................................... 300 300 0 2,400

Air Force ................................................................................ 8,800 8,800 8,000 8,800

Defense-Wide ........................................................................ 46,500 46,500 21,000 21,000

Army National Guard ............................................................ 0 0 20,000 20,000

Overseas Humanitarian, Disaster, and Civic Aid ................. 37,500 37,500 37,500 37,500

New Horizons Exercise Transfer Fund ................................... 0 0 46,000 46,000

Total .................................................................................. 178,600 178,600 198,500 199,600

Grand Total ....................................................................... 188,500 194,900 209,700 215,900

MILITARY PERSONNEL

The conferees recommend $16,300,000 as proposed by the

House, instead of $11,200,000 as proposed by the Senate, to support National Guard and Reserve participation in the Enhanced

New Horizons readiness training exercises in Central America. In

addition, the conferees agree to retain House language which would

make certain appropriations available to the Guard and Reserve

subject to receipt of an emergency budget request by the President

to the Congress.

OPERATION AND MAINTENANCE

The conferees agree to provide $199,600,000 for Operation and

Maintenance costs associated with hurricane relief efforts in Central America, instead of $178,600,000 as proposed by the House

and $198,500,000 as proposed by the Senate.

New Horizons Transfer Fund.—The conferees agree to provide

$46,000,000 for the ‘‘New Horizons Exercise Transfer Fund’’, a new

appropriations account proposed by the Senate. The conferees direct that the Department of Defense provide a report to the House

and Senate Committees on Appropriations not later than June 30,

1999, which describes the allocation of funding from this account

to the military services and defense-wide activities, and explains

the specific projects and programs supported by this funding.

Operation and Maintenance, Marine Corps.—The conferees

agree to provide $2,400,000. This amount reflects a technical correction needed to properly distribute funding which was originally

requested for ‘‘Operation and Maintenance, Navy’’.

Operation and Maintenance, Defense-Wide.—The conferees

agree to retain language proposed by the Senate which directs that

$20,000,000 within this appropriation is only for the CINC Initiative Fund. The conferees also agree to delete language proposed by

the Senate which rescinds $217,000,000 due to changes in the price

of bulk fuel.

GENERAL PROVISIONS, THIS CHAPTER

The conferees agree to delete language proposed by the Senate

which earmarks funds previously appropriated to the Department

of Defense.
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The conferees agree to retain and amend section 301, as proposed by the Senate, which waives the requirement for reimbursement of expenses for five additional foreign students at the military

service academies.

The conferees agree to delete language proposed by the Senate

which earmarks funds for the settlement of claims arising from the

U.S. Marine Corps accident near Cavalese, Italy.

The conferees agree to retain section 302, as proposed by the

Senate, which would allow military technicians to receive a per

diem expense while deployed on active duty.

The conferees agree to delete language proposed by the Senate

which authorizes the Department to obtain operational support aircraft through a multiyear lease.

The conferees agree to retain section 303, as proposed by the

Senate, which authorizes the sale of 17,383 tons of zirconium ore.

The conferees agree to include section 304, which allows the

Joint STARS program to use current year funds to adjust, record,

and liquidate obligations associated with aircraft procured in fiscal

years 1995 and 1996. The Joint STARS program refurbishes used

aircraft before installing the new mission electronics. Unfortunately, these aircraft have been more difficult to refurbish than

originally anticipated. Since the capability offered by Joint STARS

is urgently needed to support military operations, disruptions to

the delivery schedule through lack of funds would be detrimental

to U.S. military capabilities. The general provision caps the authority to use previously appropriated funds at $50,700,000, and requires the Air Force to notify the congressional defense committees

of the specific sources to be used for Joint STARS obligations. The

provision further requires the Air Force to follow all normal reprogramming procedures.

CHAPTER 4

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

AGENCY FOR INTERNATIONAL DEVELOPMENT

INTERNATIONAL DISASTER ASSISTANCE

The conference agreement appropriates $25,000,000 for the

International Disaster Assistance account as proposed by the

House. The Senate proposed $35,000,000.

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

The conference agreement appropriates $50,000,000 in the Economic Support Fund for Jordan, the same amount as proposed by

both the House and the Senate.
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CENTRAL AMERICA AND THE CARIBBEAN EMERGENCY

DISASTER RECOVERY FUND

The conference agreement appropriates $621,000,000 for the

Central America and the Caribbean Emergency Disaster Recovery

Fund (CACEDRF), the same amount proposed by the House. The

Senate proposed $611,000,000 for the CACEDRF. The conference

agreement includes language requiring the President to submit to

Congress a specific budget request designating the entire amount

as an emergency. The funds are to remain available until September 30, 2000.

The conference agreement provides transfer authority from the

CACEDRF to several other accounts for the administrative and

oversight costs of implementing the emergency recovery program in

the region. For Operating Expenses of the Agency for International

Development, the conference agreement appropriates up to

$5,500,000 to remain available until September 30, 2000. The

House provided $5,000,000 and the Senate provided $6,000,000.

For Operating Expenses of the AID Inspector General, the con- ference agreement appropriates up to $1,500,000, as proposed by

the Senate, to be used for costs of audits, inspections, and other activities associated with the use of funds in the CACEDRF. The

House proposed up to $2,000,000. The conference agreement provides up to $500,000 for the General Accounting Office to audit and

monitor the use of CACEDRF funds, as proposed by the Senate.

The House bill contained no provision on this matter.

The conferees continue to seek to prevent any misuse of U.S.

foreign aid and have, therefore, made available funds from this account for the AID Inspector General and the General Accounting

Office. In addition, the conferees believe that AID and GAO should

help recipient governments play a central role in ensuring that this

emergency assistance is utilized properly. The conferees encourage

AID to support the efforts of recipient governments to engage independent private sector organizations to help improve institutional

capability to resist corrupt practices and to report on the possible

misuse of funds.

The conference agreement provides that not less than

$2,000,000 from within the CACEDRF should be used for landmine

clearing and the removal of unexploded ordinance in Nicaragua

and Honduras as proposed by the Senate amendment. The House

bill contained no provision on this matter.

The conference agreement prohibits the use of non-project assistance from this account as proposed by the House. The Senate

allowed non-project assistance subject to the regular notification

procedures of the Appropriations Committee.

The managers concur with report language under this heading

in both the Senate and House reports, and encourage OMB and

AID to regularly consult with the Committees on implementation

of recommendations and directives contained in the reports.

The Senate included bill language encouraging AID to promote

reforestation and energy conservation. The House bill contained no

similar provision. The conference report contains no bill language

specifically related to these two issues, but the managers agree on

the importance of energy and reforestation and believe that these
69

priorities should be integrated into AID’s overall relief and reconstruction efforts in the region. The conferees support funding to

promote the critical energy sector through the use of energy-efficient services and technologies and, where feasible, renewable energy such as biomass. Prompt and full restoration of power generation facilities at the El Cajon Dam in Honduras is of special interest to the Conferees because of the foreign exchange and environmental costs of alternative sources. The managers expect that AID

will undertake efforts to promote reforestation, with careful attention to the choice, placement, and management of species of trees

consistent with watershed management objectives designed to minimize future storm damage. Further, the managers agree on the

importance of technology transfers in support of reforestation and

agro-forestry.

The Senate included bill language providing up to $10,000,000

from within the CACEDRF to establish a scholarship fund at

Zamorano Agricultural University in Honduras for low-to-middle

income students. The House bill contained no provision on this

matter. The managers believe greater access to education is essential to long-term development in Central America and encourage

AID to assist Central American governments in increasing lower

income student enrollment in the region’s colleges and universities,

especially at Zamorano University.

The conferees encourage the use of the Pan American Health

Organization for the implementation and coordination of regional

infectious disease prevention programs funded in this account.

The conference agreement includes language waiving certain

laws relating to expenditure of funds by AID. The Senate bill provided broad authority to waive existing laws related to contracts,

subject to AID reporting to Congress. The House contained no similar provision. While the conference agreement contains no waiver

for AID contracting authority, the conferees believe that existing

AID contracting and procurement regulations already permit AID

to exercise significant latitude in making and amending contracts

in urgent and compelling situations. The assistance provided in

this account is to respond to urgent and compelling needs in the

region, and, therefore, AID should exercise its contracting waivers

to help reduce delays in AID’s procurement processes so that these

supplemental funds can reach those in need more rapidly. The

managers expect AID to keep the Committees on Appropriations

informed of the use of contract and procurement waivers for

projects funded from CACEDRF funds. The conference agreement

allows AID to charge to the CACEDRF certain financial obligations

made from other AID development accounts after April 30, 1999.

The managers expect that, to the extent practicable, contracts and

grants should be awarded to U.S. private organizations and individuals, including those linked with indigenous Central American

counterparts, provided that such a preference does not delay or

hinder the delivery of assistance. The conferees encourage the use

of the private sector, especially in such technical areas as mapping,

to the maximum extent possible. New base maps that identify future flood hazards are urgently needed to help mitigate risks associated with proposed reconstruction efforts.
70

At the request of the Administration, the agreement also includes bill language making inapplicable section 110 of the Foreign

Assistance Act regarding host country contributions to certain U.S.

development projects. The managers are aware that the governments of the affected nations bear the primary responsibility for

their nations’ reconstruction and have already dedicated enormous

resources to relief and reconstruction efforts. These nations are expected to spend a considerable percentage of their annual government budget on reconstruction projects in upcoming years, making

the need for section 110 cost sharing requirements unnecessary.

The conference agreement reiterates that all funds in the

CACEDRF as well as funds appropriated in this Act which are in

addition to funds made available under title II of the 1999 Foreign

Operations Act, be subject to section 580 of the 1999 Foreign Operations Act, regarding the ceiling on overall population planning assistance. This is similar to the provision recommended by the

House. The Senate bill contained no similar provision.

The conferees encourage AID to consider Costa Rica among

those nations eligible for funds from this account as a result of the

costs assumed by Costa Rica in providing refuge to hurricane victims from neighboring Central American nations.

The conference agreement also includes technical language to

permit any transfer of funds to the Export-Import Bank to be used

as subsidy credit authority under the Credit Reform Act of 1990.

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

The conference agreement appropriates $23,000,000 for antinarcotics drug research and development programs as proposed by

the Senate. Further, the conference agreement makes the funds

available only after the President transmits to Congress a budget

request that includes a designation of the funds as an emergency

need. The House bill contained no similar provisions. The conferees

expect that any future funding for drug research programs will be

funded through the Office of National Drug Control Policy.

The conferees are aware that Central American and Caribbean

nations are facing budget shortfalls in government anti-narcotics

and drug interdiction programs created due to the redirection of

funding to urgent reconstruction efforts. Since these supplemental

funds will increase the overall resources available for the State Department narcotics control programs for fiscal year 1999, the conferees encourage the State Department to consider dedicating additional anti-narcotics resources to nations affected by the hurricanes.

DEPARTMENT OF THE TREASURY

DEBT RESTRUCTURING

The conference agreement appropriates $41,000,000 for debt

restructuring as provided by both the House and the Senate. The

conference agreement requires that all funds for the Central America Emergency Trust Fund, administered by the World Bank, are

subject to the regular notification procedures of the Committees.
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MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

The conference agreement appropriates $50,000,000 for Foreign Military Financing grants for Jordan, as provided by the

House and Senate.

GENERAL PROVISIONS—THIS CHAPTER

The conference agreement includes a general provision designating funds in this chapter as an emergency under the Balanced

Budget and Emergency Deficit Control Act of 1985.

The conference agreement includes a general provision providing a supplemental appropriation of $6,500,000 for the Economic

Support Fund for election monitoring and related activities for East

Timor.

The conference agreement includes a general provision, similar

to a provision in the Senate amendment, that transfers responsibility for certain counternarcotics research and development activities

from the Department of Agriculture to the Department of State.

CHAPTER 5

The managers understand that the estimates, which form the

basis for the emergency construction appropriations herein, are

based on preliminary damage determinations. Refinements and reestimates, that result in allocations different from preliminary projections, may be necessary. The managers expect funds to be provided consistent with established priorities. Before proceeding with

final allocations to the field, the managers expect the agencies to

provide a report that identifies all of the projects considered for

funding, including any changes from earlier estimates.

DEPARTMENT OF THE INTERIOR

UNITED STATES FISH AND WILDLIFE SERVICE

CONSTRUCTION

The managers have provided $12,612,000 for construction, contingent on a Presidential declaration of emergency, as proposed by

the Senate instead of no funding as proposed by the House. The

amount included herein provides funds for emergency repairs associated with Federally-declared emergencies in the Pacific Northwest and for the full cost of emergency replacement of generating

equipment at Midway Atoll National Wildlife Refuge.

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

RECONSTRUCTION AND CONSTRUCTION

The managers have provided $5,611,000, contingent on a Presidential declaration of emergency, for reconstruction and construc-
72

tion to address damages from Hurricane Georges and other natural

disasters in Puerto Rico as proposed by the House instead of no

funding as proposed by the Senate.

OTHER RELATED AGENCY

UNITED STATES HOLOCAUST MEMORIAL COUNCIL

HOLOCAUST MEMORIAL COUNCIL

The managers have provided $2,000,000, contingent on a Presidential declaration of emergency, for the Holocaust Memorial Council to address security needs as proposed by the Senate instead of

no funding as proposed by the House.

GENERAL PROVISION—THIS CHAPTER

Section 501.—The managers have modified language proposed

by the Senate (section 2319) dealing with compensation for Dungeness crab fishermen in Glacier Bay, Alaska and deferring National

Park Service Construction funding. The deferral proposed by the

Senate has been deleted. The modification to the compensation language is described below.

The managers have agreed to revisions to the Senate provision

expanding the compensation program for those negatively affected

by restrictions on commercial fishing. In addition, full funding of

$26,000,000, contingent on a Presidential declaration of emergency,

is provided to implement the compensation program. To provide a

transition period for fishermen, crew, fish processors, communities,

and others negatively affected, the managers have agreed to suspend the ban on commercial fishing through the upcoming fishing

season to provide fishermen an additional season to fish. During

the fishing season, the managers expect the Department of the Interior, after consulting fully with the State of Alaska, to expedite

development of the compensation program so that compensation

can be distributed no later than the end of the fishing season.

The managers have not included language as proposed by the

Senate (section 1403) providing royalty reductions for oil and gas

producers. The House had no similar provision.

CHAPTER 6

INDEPENDENT AGENCY

ENVIRONMENTAL PROTECTION AGENCY

SCIENCE AND TECHNOLOGY

Deletes language proposed by the Senate which would have rescinded $10,000,000 for research through the Climate Change

Technology Initiative.

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

The conferees have agreed to provide $900,000,000 for disaster

relief, instead of $372,000,000 as requested by the President in a
73

letter dated May 10, 1999. This issue was not addressed by either

the House or the Senate. Included in this amount are funds needed

to allow FEMA to respond to the tornado-related damage in Oklahoma, Kansas, Texas, and Tennessee, including the repair and replacement of public buildings such as schools and public libraries.

In addition, the amount provided should be sufficient to meet the

immediate needs associated with any disaster events which occur

in the remaining months of this fiscal year. The conferees are very

troubled that the Congress was not notified in a timely manner of

the fact that disaster close-out activities were resulting in a rate

of obligation much faster than normal, which would have resulted

in a year-end shortfall in the disaster relief fund absent supplemental appropriations. It is expected that the administration will

monitor closely the obligation rate and provide timely and accurate

data on the status of the disaster relief fund in the future. The

amount provided is available only to the extent that an official

budget request for a specific amount, which includes designation of

the entire amount of the request as an emergency, is transmitted

by the President to the Congress.

DISASTER ASSISTANCE FOR UNMET NEEDS

The conferees have provided $230,000,000 for disaster assist- ance for unmet needs instead of $313,600,000 as proposed by the

Senate and no funds as proposed by the House. The conferees have

included bill language intended to give the Director of the Federal

Emergency Management Agency (FEMA) sufficient flexibility to respond to the unmet needs of Presidentially-declared disasters occurring during fiscal years 1998 and 1999. Appropriations totaling $313,600,000 had previously been

made to the Department of Housing and Urban Development

(HUD) in order to address such unmet needs. However, the conferees are concerned with HUD’s inability to move aggressively to

implement an effective disaster relief program for such needs and

have concluded that FEMA is the appropriate Federal agency to

carry out this program. Accordingly, FEMA should make every effort to move expeditiously to provide for these unmet needs to the

greatest extent possible.

In this regard, the conferees have provided flexibility beyond

that normally available to FEMA to respond to Presidentially-declared events occurring during 1998 and 1999. Among these is the

1998 Northeast ice storm, which significantly damaged large areas

of New York, Vermont, New Hampshire, and Maine. Except for

Maine, the Director is urged to review promptly and respond to the

needs of this area. In particular, the conferees are aware of the unprecedented impact of this storm on the electrical infrastructure of

the region, and that the costs associated with restoring essential

electric service constitutes the largest single unmet need.

In addition, FEMA is expected to work with Puerto Rico regarding the damage caused by Hurricane Georges, as well as the

States of Mississippi and Kansas to address the damage resulting

from recent floods in those states. The conferees understand that

damage estimates provided by Mississippi total some $66,000,000

for buy-outs and other assistance. Similarly, the conferees note the

devastation caused by the 1998 Halloween flood in Kansas, and
74

strongly urge FEMA to provide sufficient funds for buy-out assistance and appropriate compensation for homeowners and businesses

in Butler, Cowley, and Sedgwick counties. Such buy-out requirements have been estimated to be $20,000.000.

Finally, the conferees urge FEMA to respond promptly to the

appropriate disaster needs of the City of Kelso, Washington.

TITLE II—EMERGENCY NATIONAL SECURITY

SUPPLEMENTAL APPROPRIATIONS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS

The conference agreement provides an additional $149,200,000

for assistance under title II of Public Law 480 for humanitarian

food aid in the Balkans and other regions of need. The House and

the Senate had no similar provision.

CHAPTER 2

DEPARTMENT OF STATE

ADMINISTRATIVE OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

The conference agreement includes $17,071,000, as an emergency appropriation, to remain available until expended, as proposed in the House bill. This amount provides for the costs of diplomatic efforts related to the Kosovo crisis, including the costs of

shutting down embassy operations in Belgrade and enhancing security at posts in the region.

SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS

The conference agreement includes $50,500,000, as an emergency appropriation, to remain available until expended, as provided in the House bill. Of this amount, $45,500,000 is provided

above the request, and release of any portion of this funding is contingent upon a Presidential emergency designation. The amount

above the request is provided for the costs of constructing fully secure State Department facilities in the Kosovo region, including, if

applicable, costs of constructing Marine Security Guard quarters.

Prior to the expenditure of any portion of the funds provided above

the request, the Department is directed to submit a notification to

the Senate and House Committees on Appropriations containing

project spending plans. The conferees agree that any such spending

plans shall address the highest priority security construction needs

in the region and result in at least one embassy facility in the region that fully meets existing State Department security standards.

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

The conference agreement includes $2,929,000, as an emergency appropriation, to remain available until expended, as pro-
75

posed in the House bill. The conference agreement includes language transferring $500,000 to the Peace Corps and $450,000 to

the U.S. Information Agency for the costs of evacuating personnel

and dependents of those agencies.

CHAPTER 3

DEPARTMENT OF DEFENSE—MILITARY

Chapter 3 of the conference agreement recommends a total of

$10,196,495,000 in new budget authority for the Department of Defense, for costs resulting from ongoing contingency operations in

Southwest Asia and Kosovo, as well as other urgent high priority

military readiness matters.

The following table provides details of the emergency supplemental appropriations in this Chapter for contingency operations

and military readiness.

DEPARTMENT OF DEFENSE SUPPLEMENTAL APPROPRIATIONS

[In thousands of dollars]

Request House Conference

Military Personnel:

Army ................................................................................................... 2,920 2,920 2,920

Navy ................................................................................................... 7,660 7,660 7,660

Marine Corps ...................................................................................... 1,586 1,586 1,586

Air Force ............................................................................................. 4,303 4,303 4,303

Total ............................................................................................... 16,469 16,469 16,469

Operation and Maintenance:

Overseas Contingency Operations Transfer Fund:

Readiness .................................................................................. 3,907,300 3,907,300 3,907,300

Munitions .................................................................................. 684,300 ........................ ........................

Readiness/Munitions ................................................................. 850,000 1,311,800 1,100,000

Total ...................................................................................... 5,441,600 5,219,100 5,007,300

Procurement:

Weapons Procurement, Navy (Tomahawk) ......................................... ........................ 431,100 431,100

Aircraft Procurement, Air Force (ALE–50) ......................................... ........................ 40,000 40,000

Missile Procurement, Air Force (CALCM) ........................................... ........................ 178,200 178,200

Procurement of Ammunition, Air Force (JDAM) ................................. ........................ 35,000 35,000

Subtotal ......................................................................................... ........................ 684,300 684,300

Operational Rapid Response Transfer Fund ...................................... ........................ 400,000 300,000

Total ............................................................................................... ........................ 1,084,300 984,300

General Provisions:

Sec. 2007 (Spare Parts) .................................................................... ........................ 1,339,200 1,124,900

Sec. 2008 (Depot Maintenance) ........................................................ ........................ 927,300 742,500

Sec. 2009 (Recruiting) ....................................................................... ........................ 156,400 100,000

Sec. 2010 (Readiness Training/OPTEMPO) ........................................ ........................ 307,300 200,200

Sec. 2011 (Base Operations) ............................................................. ........................ 351,500 182,400

Sec. 2012 (Personnel Programs) ....................................................... ........................ 1,838,426 1,838,426

Total ............................................................................................... ........................ 4,920,126 4,188,426

Grand Total .................................................................................... 5,458,069 11,239,995 10,196,495

The conferees note that the funding provided in the conference

agreement for Operation Allied Force will increase the deficit for
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fiscal year 1999 excluding the surpluses generated by the Social Security trust funds. The conferees urge the committees of jurisdiction to develop legislation that will provide that the first claim on

any surplus generated by the Federal government excluding the

Social Security trust funds in fiscal years 2000 and 2001 be used

to cover the fiscal year 1999 outlays resulting from the conference

agreement for the cost of Operation Allied Force.

REPORTING REQUIREMENTS

The conferees agree to the reporting requirements directed in

House Report 106–125 regarding obligation of funds provided in

this chapter.

MILITARY PERSONNEL

The conferees agrees to provide $16,469,000, as recommended

in the budget request and proposed by the House, for additional

military personnel pay and allowances in support of contingency

operations in Southwest Asia.

OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

The conferees agree to provide $5,007,300,000, instead of

$5,219,100,000 as proposed by the House, for the ‘‘Overseas Contingency Operations Transfer Fund’’ for costs relating to Operation Allied Force and related NATO activities concerning Kosovo, and operations in Southwest Asia. Of this amount, $3,907,300,000 is provided for personnel and operations costs stemming from these operations. An additional $1,100,000,000 is provided on a contingent

emergency basis to meet expected munitions and readiness-related

Kosovo expenses, and will be made available only to the extent

funds are requested in a subsequent budget request by the President.

PROCUREMENT

The conferees agree to provide $984,300,000 instead of

$1,084,300,000 as proposed by the House, for requirements associated with operations in Kosovo and Southwest Asia. Of this

amount, the conferees agree to provide $684,300,000 to various procurement accounts, for programs specified in the President’s request to Congress, to replenish inventories of munitions used during the conduct of these operations. An additional $300,000,000 is

provided in a new account, the ‘‘Operational Rapid Response Transfer Fund’’, instead of $400,000,000 as proposed by the House.

READINESS ENHANCEMENTS

The conferees agree to provide $2,350,000,000 in contingent

emergency appropriations, instead of $3,081,700,000 as proposed by

the House, to rectify emerging readiness concerns. This funding includes: $1,124,900,000 for spare parts and associated logistical support needed to improve the mission capable rates of various weapons systems: $742,500,000 for unfunded depot maintenance requirements; $100,000,000 necessary for recruiting initiatives;

$200,200,000 for readiness related training programs; and
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$182,400,000 for unfunded expenses related to base operations support.

With respect to the funding provided for spare parts and logistics, depot maintenance, and readiness-related training programs,

the conference agreement provides that these funds shall be allocated by the Secretary of Defense and is subject to prior notification to the congressional defense committees. The conferees are

aware that out of area operations have caused our regional commanders to experience significant shortages and dislocations. The

conferees expect the Secretary to give priority to meeting the unfunded requirements of the regional commanders in chief in allocating these amounts. The conferees recognize the dynamic nature

of requirements in these areas, and believe it prudent to provide

the Secretary with sufficient flexibility to meet time-urgent demands in order to ensure that overall readiness is not degraded.

The conference agreement provides funding for these areas with

authority to transfer the funds as required to the appropriate accounts. The conferees direct that the Secretary of Defense provide

written notification to the congressional defense committees 15

days prior to the transfer of any funds provided by these sections.

PERSONNEL PROGRAMS

The conference agreement includes $1,838,426,000 for the military personnel accounts for military pay and retirement costs, as

proposed by the House. The obligation of these funds would be subject to the enactment of subsequent authorizing legislation and the

designation of the funds as an emergency appropriation by the

President.

CLASSIFIED PROGRAMS

The conference agreement concerning classified activities is

contained in a classified annex to this statement of managers.

GENERAL PROVISIONS—THIS CHAPTER

The conferees agree to retain and amend section 2001, as proposed by the House, which provides for an increase in the fiscal

year 1999 transfer authority available to the Department of Defense.

The conferees agree to retain section 2002, as proposed by the

House, which provides that $10,000,000 of the funds provided in

this Act may be available to the common funded budgets of NATO.

The conferees agree to retain and amend section 2003, as proposed by the House which provides authorization for funds for intelligence activities.

The conferees agree to retain and amend section 2004, as proposed by the House, which extends special authorities for contracts

awarded or modified for the Joint Direct Attack Munition (JDAM)

program.

The conferees agree to retain section 2005, as proposed by the

House, which requires the President to seek an equitable reimbursement from the North Atlantic Treaty Organization (NATO),

member nations of NATO, and other appropriate organizations and
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nations for the costs incurred by the United States government in

connection with Operation Allied Force.

The conferees agree to retain section 2006, as proposed by the

House, which directs that within thirty days of enactment of this

Act, the President shall transmit to Congress a report, in both classified and unclassified format, on current United States government operations involving Kosovo.

The conferees agree to retain and amend section 2007, as proposed by the House, which appropriates $1,124,900,000, designated

as contingent emergency appropriations, only for urgent shortfalls

in Department of Defense spare and repair parts and associated

logistical support.

The conferees agree to retain and amend section 2008, as proposed by the House, which appropriates $742,500,000, designated

as contingent emergency appropriations, only for urgent shortfalls

in the depot level maintenance and repair requirements of the Department of Defense.

The conferees agree to retain and amend section 2009, as proposed by the House which appropriates $100,000,000, designated

as contingent emergency appropriations, only for urgent shortfalls

in Department of Defense recruiting programs.

The conferees agree to retain and amend section 2010, as proposed by the House which appropriates $200,200,000, designated

as contingent emergency appropriations, only for urgent readiness

related training and operations tempo requirements of the Department of Defense.

The conferees agree to retain and amend section 2011, as proposed by the House which appropriates $182,400,000, designated

as contingent emergency appropriations, only for urgent base operations support requirements of the Department of Defense.

The conferees agree to retain section 2012, as proposed by the

House which appropriates $1,838,426,000, designated as contingent

emergency appropriations, for the military personnel accounts, only

for military pay and retirement costs.

CHAPTER 4

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

AGENCY FOR INTERNATIONAL DEVELOPMENT

INTERNATIONAL DISASTER ASSISTANCE

The conference agreement appropriates $163,000,000, as proposed by the House, for ‘‘International Disaster Assistance’’, to remain available until expended. The entire amount shall be available only to the extent that an official budget request for a specific

dollar amount, that includes designation of the entire amount of

the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress. The

Senate amendment did not address this matter.
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OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

The conference agreement appropriates $105,000,000, as proposed by the House, for ‘‘Economic Support Fund’’, to remain available until September 30, 2000, for assistance for Albania, Macedonia, Bulgaria, Bosnia-Herzegovina, Montenegro, and Romania, and

for investigations and related activities in Kosovo and in adjacent

entities and countries regarding war crimes. These funds shall be

available notwithstanding any other provision of law except section

533 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (as contained in Division A, section

101(d) of the Omnibus Consolidated and Emergency Supplemental

Appropriations Act, 1999 (Public Law 105–277)). In addition, the

requirement for a notification through the regular notification procedures of the Committees on Appropriations contained in subsection (b)(3) of section 533 shall be deemed to be satisfied if the

Committees on Appropriations are notified at least 10 days prior

to the obligation of such funds.

The House bill included the same language, except that the requirement for a notification was reduced to 5 days. The Senate

amendment did not address this matter.

WAR CRIMES

The conference agreement includes authority to provide funding to the International Criminal Tribunal for the Former Yugoslavia for investigations and prosecutions of war crimes in Kosovo,

and for related activities. The managers note that the number of

victims of war crimes in Kosovo may far exceed what is currently

known. The managers believe the Administration’s request of

$5,000,000 for the War Crimes Tribunal is inadequate, and strongly recommend that up to an additional $13,000,000 be made available to meet the full request of the Tribunal, in consultation and

coordination with other donors. In addition, the managers strongly

recommend that $10,000,000 be provided to the State Department’s

Human Rights and Democracy Fund, to promptly obtain information from fleeing refugee victims and witnesses, to assist in providing identity documents to refugees whose papers and property titles have been confiscated, to provide counseling to rape victims,

and for related purposes. Funds for these purposes may be derived

from other appropriation accounts provided under this chapter.

ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

The conference agreement appropriates $120,000,000 for ‘‘Assistance for Eastern Europe and the Baltic States’’, to remain available until September 30, 2000, of which up to $1,000,000 may be

used for administrative costs of the U.S. Agency for International

Development. Funds appropriated under this heading are subject

to the regular notification procedures of the Committees on Appropriations.

The House bill included the same language, but appropriated

$75,000,000. The Senate amendment did not address this matter.
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LONG-TERM DEVELOPMENT AND RECONSTRUCTION

The managers agree that none of the funds appropriated under

this heading or in this chapter are to be used to implement a longterm, regional program of development or reconstruction in Southeastern Europe. These funds are appropriated for emergency support of refugees and displaced persons and the local communities

directly affected by the influx of refugees. The appropriation for the

Economic Support Fund is intended for short-term, emergency balance of payments support for the countries listed in the bill language, and for investigations of war crimes.

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

The conference agreement appropriates $266,000,000 for ‘‘Migration and Refugee Assistance’’, to remain available until September 30, 2000, of which not more than $500,000 is for administrative

expenses. The entire amount shall be available only to the extent

that an official budget request for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by

the President to the Congress. In addition, funds made available

for the Office of the United Nations High Commissioner on Refugees (UNHCR) are subject to the regular notification procedures of

the Committees on Appropriations, but the regular requirement for

a 15 day notification prior to the obligation of funds is reduced to

10 days. The managers’ intent is that the notification requirement

applies only to funds appropriated in this account by this Act.

The House bill included $195,000,000 for this account. The

Senate amendment did not address this matter.

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

The conference agreement appropriates $165,000,000 for

‘‘United States Emergency Refugee and Migration Assistance

Fund’’. The entire amount shall be available only to the extent that

an official budget request for a specific dollar amount, that includes

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress.

The House bill included $95,000,000 for this account. The Senate amendment did not address this matter.

GENERAL PROVISIONS—THIS CHAPTER

The conference agreement includes a general provision designating funds in this chapter as an emergency under the Balanced

Budget and Emergency Deficit Control Act of 1985.

The conference agreement includes a general provision proposed by the House that provides that the value of commodities

and services authorized by the President through March 31, 1999,
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to be drawn down under the authority of section 552(c)(2) of the

Foreign Assistance Act of 1961 to support international relief efforts relating to the Kosovo conflict shall not be counted against

the ceiling limitation of that section. In addition, such assistance

may be made available notwithstanding any other provision of law.

The managers note that funds provided in this Act as supplemental appropriations for the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999, are subject to

section 526 of said Act.

DONATED EQUIPMENT

The conferees are aware that a large number of computers and

computer equipment have been donated to various international

agencies and non-governmental organizations to assist with the refugee crisis in the Balkans. The conferees support the use of emergency supplemental funds to assist organizations such as the National Technology Alliance for on-site computer network development, hardware and software integration, and to assess the urgent

on-site computer needs of organizations assisting refugees. In addition, the conferees encourage the use of these funds for the development and implementation of reliable systems to register refugees

and provide identification cards and other document processing.

CHAPTER 5

DEPARTMENT OF HEALTH AND HUMAN SERVICES

ADMINISTRATION FOR CHILDREN AND FAMILIES

REFUGEE AND ENTRANT ASSISTANCE

The conference agreement includes an appropriation of not to exceed $100,000,000 for costs related to assisting in the temporary

resettlement of displaced Kosovar Albanians who have recently

come to this country. The agreement provides that the appropriation is designated an emergency requirement under the Budget

Act. No funds were included for this in either the House or Senate

bills. The conferees have included these funds in response to an unofficial request from the Administration to address the refugee

emergency that has arisen as a result of the conflict in the Balkans.

CHAPTER 6

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

The conferees have established a ‘‘Military Construction Transfer Fund’’ in the amount of $475,000,000, contingent on the Presidential declaration of an emergency. This fund is to be used for

construction of mission, readiness and force protection items in relation to the conflict in the Balkans, and other contingencies

throughout the region. The Secretary of Defense is given the authority to determine the individual items to be provided by this appropriation and to transfer these funds only to the appropriate
82

military construction accounts. The Under Secretary of Defense

(Comptroller) is directed to submit an after the fact notification of

transfers from this fund and the individual projects to be provided

to the appropriate committees of Congress.

CHAPTER 7

DEPARTMENT OF TRANSPORTATION

COAST GUARD

OPERATING EXPENSES

The conference agreement provides an emergency appropriation of $200,000,000 for Coast Guard ‘‘Operating expenses’’, to address ongoing readiness requirements. The conferees expect the

Coast Guard to use these funds for activities such as the military

pay raise, compensation parity (basic allowance for housing), DOD

authorization act entitlements, military health care, recruiting,

workforce readiness tools, DOD parity, intermediate and depotlevel maintenance, and additional staffing. These funds are made

available until September 30, 2000, and are only available upon

designation by the President of an emergency requirement. The

conferees direct that requests to obligate these funds be submitted

to the Congress under the normal reprogramming procedures. The

House and Senate bills proposed no similar appropriation.

TITLE III—SUPPLEMENTAL APPROPRIATIONS

CHAPTER 1

DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

COUNTERTERRORISM FUND

TOPOFF Exercise.—The conferees understand the need for

clarification of how the TOPOFF exercise should occur. In addition

to the direction provided in previous Committee reports, contracting for this effort should be done with those organizations who

have a known track record with Weapons of Mass Destruction

(WMD) exercises. This exercise should be co-chaired and administered without notice by the Attorney General and the Director of

the Federal Emergency Management Agency (FEMA). The no-notice feature of this exercise should be modeled on the manner in

which such exercises have been conducted by the Department of

Defense. In order to fairly and accurately represent an actual

event, both the FBI and the Office of Justice Programs should have

one representative participating in the planning of the exercise.

This planning will not include the time and date of the exercise.

National Domestic Preparedness Office.—The effects of terrorism are felt at the local level. Local law enforcement and emergency first responders will be the first on the scene of any domestic

terrorist event. The conferees are aware of the need expressed by

State and local first responders to have a coordinated Federal preparedness effort to eliminate confusion, overlap and duplication
83

among Federal programs. To address this need, the Department of

Justice has proposed to create a new office, the National Domestic

Preparedness Office (NDPO), to serve as the entity to coordinate

the Federal efforts for assisting emergency responders in domestic

preparedness. The NDPO is proposed to include representatives

from the Department of Justice’s Office of Justice Programs (OJP),

the Departments of Defense, Health and Human Services, Energy

and Transportation, FEMA, and the Environmental Protection

Agency, as well as representatives of State and local government.

The conferees believe that full participation among all Federal,

State and local entities is critical, and that the NDPO must recognize and build upon, rather than re-invest, existing programs,

structures and capabilities.

While the conferees commend the Attorney General for her

leadership on this matter and support the creation of a single office

to coordinate interagency activities to maximize domestic preparedness efforts and eliminate duplication, the conferees are aware that

some confusion and concerns exist regarding the functions and responsibilities of this office, particularly in relation to ongoing efforts at the Federal, State and local levels. The conferees note that

final approval has not yet been given for the creation of the NDPO,

and believe it is important that these issues be resolved. Therefore,

the conferees direct the Attorney General to submit a final blueprint for the NDPO, developed in coordination with all other Federal, State and local participants, to the Committees on Appropriations no later than June 15, which clearly defines the roles of all

agency participants in the office. In particular, the final blueprint

shall include, but not be limited to, the following: (1) a detailed

plan for consultation with the States in the development and implementation of a national strategy for domestic preparedness

which builds on the existing all-hazard emergency management capabilities of local, State and Federal agencies, including designation of a single point of contact from each State and territory to

interact with the NDPO; (2) establishment of a State and Local Advisory Group to provide input into program strategy and development which represents the various State and local disciplines involved in domestic terrorism response, including fire and rescue,

HAZMAT, emergency medical and health services, emergency management, and State and local governments; and (3) a detailed plan

outlining each Federal agency’s role in the development and delivery of training and technical assistance, and their relationship to

the NDPO. Such plan should fully utilize existing resources, programs and standards, including the National Domestic Preparedness Consortium, whenever possible. The conferees direct no further action be taken to augment the NDPO until approval has been

given subject to standard reprogramming procedures.

State and local preparedness.—The consequences of terrorist

acts, especially those involving chemical, biological, or unconventional explosive devices, may spread beyond the local community or

city where the event occurred. A successful response to such an incident will depend upon the development of a closely coordinated

and balanced local-State-Federal partnership. The conferees recognize the need for enhanced State-level involvement in consequence

management and training preparedness activities, and urge that
84

all Federally-funded activities be coordinated at both the local and

State levels. To ensure effective coordination, the conferees expect

the Attorney General to request that the Governor of each State

designate a lead state agency or other entity to develop and coordinate a comprehensive State-level domestic preparedness plan that

is consistent with the national strategy. Such State strategies

should be developed with input from the State and local emergency

management, fire, law enforcement, emergency medical services

and public health disciplines. To ensure maximum coordination

and use of resources, the conferees expect each such State to be

based on a State-level needs assessment which both identifies the

needs of local and State first responders, and assesses the resources currently available at the local, State, and Federal level.

The conferees note that the fiscal year 1999 Department of

Justice Appropriations Act included significant new funding to assist State and local first responders in becoming equipped and

trained. To ensure that these resources meet the needs of the maximum number of communities possible and to ensure no duplication

of effort, funding also was provided to conduct a comprehensive

needs assessment. This needs assessment has not yet been completed. The conferees reiterate the importance of this needs assessment, and urge the Department to continue its activities in this

area. In the interim, the conferees expect the Office of Justice Programs to submit to the Committees on Appropriations, no later

than June 1, 1999, a plan for the distribution of funding provided

in fiscal year 1999 to provide the maximum number of communities

with a basic defensive (Tier One) capability to respond to domestic

terrorist incidents. Such plan shall, at a minimum, require that in

order to qualify to receive equipment funds, a grant applicant must

certify that: (1) their application has been coordinated and developed in consultation with the fire, EMS, HAZMAT and law enforcement agencies operating within the jurisdiction; and (2) equipment

purchased with grant funds will be deployed consistent with all

mutual aid agreements.

FEDERAL PRISON SYSTEM

BUILDINGS AND FACILITIES

It is the intent of the conferees that unobligated funding available from fiscal year 1999 and prior year appropriations not required for current construction projects shall be used for partial

site and planning for three facilities to house non-returnable criminal aliens being transferred from the Immigration and Naturalization Service. It is expected that one of these facilities will be located in a state in the Mid-Atlantic region.
85

DEPARTMENT OF COMMERCE AND RELATED AGENCIES

RELATED AGENCIES

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

The conference agreement includes $1,300,000 for costs of the

World Trade Organization Ministerial Meeting to be held in Seattle, Washington, from November 30–December 3, 1999. The

House and Senate bills did not include this funding.

DEPARTMENT OF COMMERCE

BUREAU OF THE CENSUS

PERIODIC CENSUSES AND PROGRAMS

In response to a request, not formally transmitted, from the

Administration, the conference agreement includes $44,900,000 for

additional activities necessary to ensure that the Bureau is fully

prepared to implement a full enumeration in the 2000 Census as

mandated by the recent Supreme Court decision. The conference

agreement designates funds to be provided for the following purposes: $10,900,000 is for additional costs to establish 520 Local

Census Offices; $4,200,000 is for preparation of training and field

deployment kits for census enumerators; $2,000,000 is for additional contract support and infrastructure costs for the Telephone

Questionnaire Assistance program; $9,100,000 is for automated

data processing and telecommunications to support increased field

enumeration; $3,700,000 is for administrative systems to support

additional field enumeration activities; and $15,000,000 is for increased advertising and promotion programs. Language is also included requiring the President to submit a revised budget for the

fiscal year 2000 costs associated with the completion of the 2000

Census. The conferees continue to be concerned with the adequacy

and timeliness of the budget justification materials previously provided by the Bureau to support their budget submissions for the

decennial census. Therefore, the conferees expect the revised budget submission for fiscal year 2000 submitted by June 1, 1999, to

contain the detailed justification necessary to support the revised

submission.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

The conference agreement includes $1,880,000 to support research, management and enforcement of new regulations in the

Northeast Multispecies fishery, instead of $3,880,000 as proposed

by the Senate, of which $1,880,000 was for this activity and

$2,000,000 was for the acquisition of shoreline data, and instead of

no funding as proposed by the House.

The conference agreement does not include bill language designating $2,000,000 for a regional applications program, which was
86

proposed in the Senate bill. The House bill did not contain a similar provision.

THE JUDICIARY

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

The conference agreement includes $921,000 to enhance the capacity of the Supreme Court Police, as proposed in both the House

and Senate bills.

DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

The conferees reiterate that, of the total amount provided

under this heading in Public Law 105–277, $2,000,000 shall be for

the Office of Defense Trade Controls, as previously stated in the

Statement of Managers accompanying that Act. As provided in that

Statement of Managers, this funding shall support the hiring of additional senior personnel (GS–13 through GS–15) and support staff

to improve scrutiny of export license applications.

CHAPTER 2

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

CONSTRUCTION, GENERAL

The conference agreement deletes language proposed by the

Senate appropriating $500,000 for technical assistance related to

shoreline erosion at Lake Tahoe, Nevada.

The conference agreement deletes language proposed by the

Senate rescinding $5,500,000 from the Lackawanna River, Scranton, Pennsylvania, project.

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

WATER AND RELATED RESOURCES

The conference agreement deletes language proposed by the

Senate appropriating $5,000,000 for repairs to the Headgate Rock

Hydroelectric Project.

The conference agreement includes language appropriating

$1,500,000 for the purchase of water to restore water levels at the

San Carlos Lake in Arizona.
87

CHAPTER 3

DEPARTMENT OF STATE

NATIONAL COMMISSION ON TERRORISM

The conference agreement appropriates $839,500 for necessary

expenses of the National Commission on Terrorism as authorized

in the fiscal year 1999 Foreign Operations Act.

UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS

FREEDOM

The conference agreement appropriates $3,000,000 for necessary expenses of the United States Commission on International

Religious Freedom as authorized by the International Religious

Freedom Act of 1998 (Public Law 105–292).

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

The conference agreement appropriates $1,500,000 for the operation and expenses of the International Financial Institution Advisory Commission and the International Monetary Fund Advisory

Committee as authorized in the fiscal year 1999 Foreign Operations Act. The funds are to remain available until September 30,

2000.

CHAPTER 4

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

The managers have agreed to a modification of the Senate language providing for the use of $1,000,000 in previously appropriated funds for management of lands and resources for the processing of permits in the Powder River Basin for coalbed methane

activities. The modification requires a written agreement between

the coal mine operator and the gas producer prior to permit

issuance if the permitted activity is in an area where there is a

conflict between coal mining operations and coalbed methane production. The House had no similar provision.

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

(TRANSFER OF FUNDS)

The managers have agreed to the transfer of $1,136,000 for operation of Indian programs for spruce bark beetle control in Washington State as proposed by the Senate but have identified a different funding source. The source of these funds is the Forest Service National Forest System account instead of the Forest Service
88

Wildland Fire Management account as proposed by the Senate. The

House had no similar provision.

The managers expect that these funds will be deducted from

appropriations otherwise available for the Forest Service’s Washington, DC headquarters general administration activity. The specific reductions must be approved, in advance, by the House and

Senate Appropriations Committees. The managers suggest that the

reduction should come from the recently proposed headquarters

staffing increases in the office of communications and the financial

analysis office.

OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

The managers have provided $21,800,000 for Federal trust programs as proposed by the House instead of $6,800,000 as proposed

by the Senate.

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

WILDLAND FIRE MANAGEMENT

The managers have agreed to the use of $100,000,000 in fiscal

year 1998 unobligated carryover funds from the Wildland Fire

Management account to repay funds previously advanced from the

Knutson-Vandenberg (KV) fund for firefighting emergencies. The

balance owed to the KV fund for prior year borrowing will still be

$393,000,000 after this partial repayment. The managers believe

that the Administration should regularly transfer carryover funds

from the wildland fire management account to the KV fund until

the previously borrowed funds have been repaid in full.

GENERAL PROVISIONS—THIS CHAPTER

Section 3001.—The managers have modified language as proposed by the Senate authorizing the transfer of previously appropriated funds to Auburn University in Alabama for construction of

a new forestry research facility. This language is a clarification of

the fiscal year 1999 Forest Service reconstruction and construction

appropriation. The modification removes the proviso that only

$4,000,000 be transferred during fiscal year 1999. The House had

no similar provision.

Section 3002.—The managers have included language as proposed by the Senate restricting the issuance of a final rule on

hardrock mining on Federal lands pending completion of a study

being conducted by the National Academy of Sciences and an ensuing period for public comment on the rule. The House had no similar provision.

Section 3003.—The managers have included language as proposed by the Senate extending the moratorium on the issuance of

a final rulemaking on crude oil valuation until October 1, 1999 or

until there is a negotiated agreement, whichever comes first. The

House had no similar provision.
89

The managers have not included language as proposed by the

Senate (section 2307) prohibiting implementation of a reorganization in the Office of the Special Trustee for American Indians for

the balance of fiscal year 1999. The House had no similar provision.

The managers are concerned that the Department of the Interior may have strayed from the vision of the American Indian

Trust Fund Management Reform Act of 1994, P.L. 103–412 (1994

Act) in a number of areas. The 1994 Act created the Office of the

Special Trustee for American Indians in order to establish an ‘‘entity with the knowledge and authority to ensure that reform takes

place and coordiantes that action.’’

On March 3, 1999, the Senate Committee on Indian Affairs

and the Senate Committee on Energy and Natural Resources held

a joint hearing on trust management practices in the Department

and the reorganization of the Office of the Special Trustee by the

Secretary of the Interior without consultation with the Special

Trustee.

The managers are also concerned with the lack of consultation

with individuals and Indian tribal account holders who were assured that the Special Trustee would provide an authoritative and

independent voice representing their concerns within the Department.

The General Accounting Office (GAO) recently expressed

strong concerns that the Department has also failed to accomplish

one of the Act’s goals: the creation of a ‘‘strategic plan for all

phases of trust management to ensure the Secretary’s trust responsibilities are properly discharged.’’ Although the Secretary has indicated that the Department’s July 1998 High Level Implementation

Plan provides such a strategic plan, numerous individuals and entities have expressed strong reservations about the Plan.

Based on these concerns, the Chairman of the Committee on

Indian Affairs has indicated that he intends to make continued

monitoring and compliance with the 1994 Act a significant part of

the Committee’s oversight efforts. The managers, therefore, are reserving judgment on futures appropriations. The managers expect

the Department to ensure that the resources dedicated for purposes

of trust improvements are indeed well spent in compliance with the

1994 Act.

Section 3004.—The managers have included language as proposed by the Senate clarifying that the fiscal year 1999 moratorium

on new and expanded self-determination contracts applies only to

the Bureau of Indian Affairs and the Indian Health Service. The

House had no similar provision.

The managers have not included language as proposed by the

Senate (section 2323) regarding Class III Indian gaming. The

House had no similar provision.

Section 3005.—The managers have included language as proposed by the Senate which requires that funds provided in fiscal

year 1999 for the Borough of Ketchikan to participate in a cooperative study on the feasibility and dynamics of manufacturing veneer

products in Southeast Alaska, including the establishment of a veneer operation in Ketchikan, shall be paid in lump sum and be considered a direct payment for the purposes of all applicable laws,
90

but may not be used for lobbying. This section also includes language proposed by the Senate similarly treating payments to the

City of Colorado Springs using funds previously appropriated for

reconstruction of the Pike’s Peak Summit House in Colorado. The

House had no similar provisions.

The House managers have not agreed to language proposed by

the Senate (section 2328) banning implementation of regulations

restricting fishing in Glacier Bay National Park pending the resolution of the State of Alaska’s anticipated lawsuit concerning ownership and jurisdiction relating to Glacier Bay waters, so that provision has been deleted.

Section 3006.—The managers have included a provisions restricting the implementation of the Department of the Interior Solicitor’s opinion of November 7, 1997 concerning millsites under the

general mining law with respect to the Crown Jewel project and to

patent applications and plans of operation submitted prior to the

date of enactment of this Act.

The managers are very concerned about the effect of the Solicitor’s opinion dealing with the implementation of the Mining Law

of 1872 in that it limits the number of millsites to one five-acre

millsite per patent. Executive Departments typically implement

laws through regulation. The regulatory process allows all affected

parties to express their views through an open, public comment

process. In the case of a solicitor’s opinion, there is no public comment or appeal process before implementation.

This opinion is particularly troubling because both the Bureau

of Land Management and the Forest Service have been approving

patents with more than one five-acre millsite per patent based on

procedures outlined in their operations manuals. To ascertain the

impact of this opinion, the managers direct the Department of the

Interior and the Forest Service to provide a report to the House

and Senate Committees on Appropriations no later than August 31,

1999. The report should detail by State all past, present and pending mining operations, including all grandfathered mineral patent

applications and plans of operation, that could be impacted by the

Solicitor’s opinion of November 7, 1997.

The managers considered but did not adopt a provision that

would have prohibited the listing of the Alabama sturgeon under

the Endangered Species Act and the designation of critical habitat

for the balance of fiscal year 1999. The Director of the United

States Fish and Wildlife Service has assured the managers that

neither she nor the Secretary of the Interior will accelerate the decision process for this candidate species. The managers understand,

based on a letter from the Director, that there are several other

species ahead of the Alabama sturgeon in the processing queue for

listing consideration and that a decision with the respect to the

Alabama sturgeon will not be made prior to March 2000. The mangers expect the Secretary and the Service to live up to those commitments and to work carefully with the State on conservation

planning efforts for the Alabama sturgeon.
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CHAPTER 5

DEPARTMENT OF HEALTH AND HUMAN SERVICES

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

The conference agreement includes $1,000,000 to reduce the

backlog of pending nursing home appeals before the Departmental

Appeals Board. The Senate bill included $1,400,000 for this purpose. The House did not include funding for this activity in its bill

and the President did not request funding.

DEPARTMENT OF EDUCATION

EDUCATION FOR THE DISADVANTAGED

The conference agreement includes $56,377,000 for Concentration grants under the Title I program as a fiscal year 2000 advance

appropriation to become available on October 1, 1999 for academic

year 1999–2000.

The conferences understand that the Department of Education

has interpreted a ‘‘hold harmless’’ provision included in the fiscal

year 1999 appropriations bill to apply only to school districts that

first quality for Concentration grants on the basis of the percentage

or number of poor children within the school district. Only after a

school district meets the eligibility criteria would the Department

apply the hold harmless and award the Concentration grant. Under

the Department’s interpretation, over 1500 school districts would

lost their Title I Concentration grant in academic year 1999–2000.

The conference agreement includes language that clarifies the

fiscal year 1999 appropriations law to direct the Department of

Education to hold harmless all school districts that received Title

I Concentration grants in fiscal year 1998. The conference agreement further clarifies that the allocations made through applying

this hold harmless will not be taken into account in determining

allocations under other education programs that use the Title I formula as a basis for funding distribution. Neither the House nor the

Senate bills contained these provisions.

HIGHER EDUCATION

(TRANSFER OF FUNDS)

The conference agreement transfers $1,500,000 from the Education Research, Statistics, and Improvement account to the Higher

Education account to be used to provide funding for the University

of the District of Columbia. UDC has recently qualified for funding

under the Historically Black Colleges and Universities program

and this funding level is the amount they are due under the HBCU

funding formula.
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RELATED AGENCY

CORPORATION FOR PUBLIC BROADCASTING

The conference agreement includes a total of $48,000,000 in

fiscal years 1999 and 2000, the same as the President’s request, to

enable National Public Radio, through the Corporation for Public

Broadcasting, to proceed with contract negotiations for replacement

satellite services. The agreement provides $30,700,000 in fiscal

year 1999 and $17,300,000 in 2000.

The House bill provided $48,000,000 for the replacement satellite, with $30,600,000 made available in fiscal year 1999 and the

remainder in fiscal year 2000. The Senate provided $18,000,000 in

fiscal year 1999 and report language stating that the balance of resources would be provided during the regular fiscal year 2000 appropriations process.

GENERAL PROVISION, THIS CHAPTER

WHITE RIVER SCHOOL DISTRICT, SOUTH DAKOTA

The conference agreement includes bill language directing the

Secretary of Education to provide, from unobligated balances in the

Impact Aid program, not more than $239,000 to the White River

School District #47–1, White River, South Dakota to repair damage

caused by water infiltration at the White River High School. This

provision is the same as in the Senate bill.

The House bill contains no similar provision and the President

did not request funding for this activity.

CHAPTER 6

LEGISLATIVE BRANCH

CONGRESSIONAL OPERATIONS

HOUSE OF REPRESENTATIVES

SALARIES AND EXPENSES

SALARIES, OFFICERS AND EMPLOYEES

(RESCISSION)

The conferees have included a rescission of funds of $3,521,000

and an appropriation of an identical amount to remain available

until expended. This action will provide resources for replacing a

House payroll system that cannot be completed in FY 1999.

ARCHITECT OF THE CAPITOL

CAPITOL BUILDINGS AND GROUNDS

HOUSE OFFICE BUILDINGS

HOUSE PAGE DORMITORY

The conferees have included $3,760,000 for the House Page

Dormitory as contained in the House bill, amended to omit designa-
93

tion of a special location. If locations other than 501 1st St., S.E.,

are taken under serious consideration, the Architect of the Capitol

is directed to inform the Committee on Appropriations concerning

cost and related considerations. It is expected that, in addition to

the House Office Building Commission and the Page Board, the Architect of the Capitol will consult with the Committee on Appropriations, the Committee on Transportation and Infrastructure,

and the Committee on House Administration on matters within

their jurisdiction regarding the Page Dormitory project.

O’NEILL HOUSE OFFICE BUILDING

The conferees have provided $1,800,000 for life safety renovations at the O’Neill House Office Building as contained in the

House bill.

ADMINISTRATIVE PROVISIONS

The conferees have included two administrative provisions as

contained in the House bill. The conferees have added a provision

regarding certain lump sum House leadership allowances.

In addition, the conferees have established a pilot program in

1999 under the leadership of the Librarian of Congress to bring up

to 3,000 emerging Russian political leaders to the United States for

no more than 30 days each. The Senate is transferring $10 million

of its own funds to finance the program during fiscal year 1999.

The purpose of the program is to give Russian leaders from all levels of government first hand exposure to the American free market

economic system and operation of American democratic institutions. Various local governments and organizations throughout the

United States would be hosts to the Russians.

The Librarian is given the authority to administer the program

in the first year to expedite the establishment of the program. The

President would designate an executive branch agency to administer the program in subsequent years.

CHAPTER 7

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

The conferees have provided a total of $31,400,000 for storm

related damage to facilities and family housing improvements. Offsets to cover the cost of these are included in Title IV of this Act.

The projects are as follows:

[In thousands of dollars]

Army National Guard: Tennessee, Jackson: Limited Army Aviation Support Facility .................................................................................................. $6,400

Family Housing, Army: Puerto Rico, Ft. Buchanan: Improve 215 units .... 25,000
94

CHAPTER 8

DEPARTMENT OF TRANSPORTATION AND RELATED

AGENCIES

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

The conference agreement provides $2,300,000 for the National

Transportation Safety Board for expenses resulting from the crash

of TWA Flight 800. These funds will cover rental costs associated

with the housing of the wreckage in Calverton, New York. The conferees do not plan to continue funding rental expenses at the

Calverton facility in future fiscal years. The House and the Senate

proposed no similar provision.

CHAPTER 9

DEPARTMENT OF THE TREASURY

BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

SALARIES AND EXPENSES

The conferees agree to provide an appropriation of $4,500,000

for the Bureau of Alcohol, Tobacco and Firearms for the expansion

of the National Tracing Center, to remain available until expended.

U.S. POSTAL SERVICE

PAYMENTS TO THE POSTAL SERVICE FUND

The conferees agree to provide an appropriation of $29,000,000

for reimbursements to the Postal Service as authorized by 39

U.S.C. 2401(d), as proposed by the House instead of no appropriation, as proposed by the Senate.

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED

TO THE PRESIDENT

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING PROGRAMS

The conferees agree to provide an additional $2,500,000 for the

High Intensity Drug Trafficking Areas Program, instead of no appropriation, as proposed by the House and $1,250,000, as proposed

by the Senate. The conferees direct that these funds be targeted as

follows: $750,000 to the New Mexico HIDTA for Rio Arriba County,

Santa Fe County, and San Juan County, New Mexico; $500,000 for

national anti-methamphetamine efforts; $750,000 for the Arizona

HIDTA to be provided to the U.S. Border Patrol for assistance in

counterdrug efforts related to illegal immigration along the border

in southern Cochise County, Arizona, subject to prior approval of

the Committees on Appropriations; and $500,000 for the Washington-Baltimore HIDTA for support of the Cross-Border Initiative

between Washington, DC and Prince George’s County, Maryland.

The conferees emphatically support linking funding to a program’s
95

performance, and therefore support evaluation efforts underway at

ONDCP. Therefore, the conferees expect that the performance of

the HIDTAs funded through this appropriation will be subject to

the same performance standards and measures to be applied to the

HIDTA program overall.

CHAPTER 10

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

PUBLIC AND INDIAN HOUSING

HOUSING CERTIFICATE FUND

Deletes language proposed by the Senate delaying the availability of $350,000,000 for expiring or terminating section 8 contracts until October 1, 1999.

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT BLOCK GRANTS

Inserts language reallocating $3,446,000 of unobligated, noyear funds in the CDBG account for which there is no identified

use. HUD is directed to provide these funds for unfunded service

coordinator programs that did not receive funding in the original

Notice of Funding Availability (NOFA).

FEDERAL HOUSING ADMINISTRATION

FHA—MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

Increases the commitment level for the Federal Housing Administration’s Mutual Mortgage Insurance Fund from

$110,000,000,000 to $140,000,000,000. The additional authority is

needed because HUD projections indicate that the existing limitation could be exceeded before the end of the fiscal year.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

Increases the commitment authority for the Government National Mortgage Association from $150,000,000,000 to

$200,000,000,000. The additional authority is needed because 78

percent of the existing authority has been committed, and HUD

projects that the existing limitation could be exceeded before the

end of the fiscal year.

MANAGEMENT AND ADMINISTRATION

SALARIES AND EXPENSES

Deletes language proposed by the Senate rescinding $3,400,000

from HUD’s salaries and expenses account and transferring it to

the CDBG account for service coordinators and congregate services.
96

OFFICE OF INSPECTOR GENERAL

Deletes bill language as proposed by the Senate. The conferees

direct the Office of Inspector General (OIG) and the General Accounting Office (GAO) to conduct an audit of HUD to assess the extent that HUD has been in compliance with the Department of

Housing and Urban Reform Act of 1989 during the last two years.

The conferees direct the OIG and GAO to produce a report on this

matter within six months of enactment and a final report within

12 months of enactment, and to transmit them to the House and

Senate Committees on Appropriations.

INDEPENDENT AGENCY

NATIONAL CREDIT UNION ADMINISTRATION

CENTRAL LIQUIDITY FACILITY

Inserts new language requiring that during fiscal year 2000,

gross obligations of the Central Liquidity Facility (CLF) for the

principal amount of new direct loans to member credit unions shall

not exceed the statutory limitation. The conferees take this action

only to deal with the unlikely scenario that credit unions could experience excessive withdrawals as a result of the millennium date

change and may need additional liquidity resources. Furthermore,

the conferees intend that prudent and appropriate administrative

remedies should be devised as quickly as possible by the National

Credit Union Administration, working with the Federal Reserve

and the Department of the Treasury, to guarantee that a strong

safety net is in place to deal with any potentially unusual Y2K circumstances.

GENERAL PROVISIONS—THIS CHAPTER

Inserts language proposed by the House for targeted economic

initiatives to Project Restore and the Los Angeles City Civic Center

Trust. The conferees have agreed to include a technical correction

to language included in Public Law 105–276 which clarifies that

$250,000 is for the Los Angeles Civic Center Public Partnership to

revitalize the Civic Center neighborhood, and that $100,000 is for

the Southeast Rio Vista Family YMCA to develop a child care center in Huntington Park, California. The Senate did not include a

similar provision.

Inserts new language clarifying that funds made available in

Public Law 105–276 shall be made available to the Maryland Department of Housing and Community Development for work associated with building Caritas House and with expanding the St. Ann

Adult Medical Day Care facility.

Inserts new language allowing retention of land disposition

proceeds associated with an Urban Renewal Project in the Township of North Union, Pennsylvania.

Inserts language proposed by the Senate which clarifies that

funds appropriated in Public Law 105–276 under the Environmental Protection Agency, State and Tribal Assistance Grants to

meet sewer infrastructure needs associated with the 2002 Winter
97

Olympics shall be provided to Wasatch County, Utah, for both

water and sewer infrastructure needs.

Inserts language proposed by the Senate which transfers

$1,300,000 of funds appropriated in Public Law 105–276 under the

Environmental Protection Agency, Environmental Programs and

Management for Project SEARCH, to State and Tribal Assistance

Grants for Project SEARCH water and wastewater infrastructure

needs in the State of Idaho through the Region IV Development Association in Twin Falls, Idaho.

Inserts new language which clarifies that funds appropriated

in Public Law 105–276 under the Environmental Protection Agency, State and Tribal Assistance Grants to meet wastewater infrastructure needs for Grand Isle, Louisiana, may also be used for

drinking water supply needs.

CHAPTER 11

GENERAL PROVISIONS—THIS TITLE

Senate Section 2304. The conference agreement includes language proposed by the Senate clarifying administrative costs in the

honey program, with a technical correction to a citation. The House

had no similar provision.

Senate Section 2309. The conference agreement does not include language to extend chapter 12 bankruptcy authorization as

proposed by the Senate. The House had no similar provision. Similar language was enacted as part of Public Law 106–5.

Senate Section 2310. The conference agreement includes language proposed by the Senate that amends the Consolidated Farm

and Rural Development Act by deleting the statutory reference to

the capital replacement reserve requirement for guaranteed farm

loans, and by reinstating a statutory reference for a ten percent

cash flow margin for restructuring direct farm loans. The House

had no similar provision.

Senate Section 2318 and House Section 2002. The conference

agreement includes language proposed by both the House and the

Senate regarding loan deficiency payments for club wheat producers.

Senate Section 2322. The conference agreement does not include Section 2322, as proposed by the Senate, expressing the

Sense of the Senate regarding a pending sale of wheat to Iran. The

House had no similar provision. Recent actions by the Administration have addressed sanctions policy on commercial sales of agricultural commodities to certain countries, including Iran.

Sec. 3021.—The conference agreement includes a provision,

modified from language proposed in the Senate bill, allowing the

Attorney General to transfer up to $4,300,000 from funds available

to the Department of Justice to pay the remaining claims for restitution as required by the Civil Liberties Act of 1988, and as pursuant to the court order issued in the case of Carmen Mochizuki

et al v. United States (case No. 97–294C, United States Court of

Federal Claims). The conferees expect this provision to be implemented in accordance with sections 107 and 605 of the Departments of Commerce, Justice, and State, the Judiciary, and Related
98

Agencies Appropriations Act, 1999. The House bill did not address

this matter.

Sec. 3022.—The conference agreement includes a provision,

slightly modified from language included in the Senate bill, to prohibit the taking of Cook Inlet beluga whales under the Marine

Mammal Protection Act prior to October 1, 2000, unless pursuant

to a cooperative agreement between the National Marine Fisheries

Service and affected Alaska Native organizations. The House bill

did not contain a similar provision.

Sec. 3023.—The conference agreement includes a provision repealing Section 626 of the Departments of Commerce, Justice, and

State, the Judiciary, and Related Agencies Appropriations Act,

1999 to provide full year availability for appropriations provided in

that Act. Neither the House nor Senate bills addressed this matter.

Sec. 3024.—The conference agreement includes a provision to

allow the payment of available funds to facilitate the payment of

grants to victim service organizations and public agencies that will

provide emergency or ongoing assistance to the victims of the

bombing of Pan Am flight 103 and their families. The provision

would include assistance to family members for travel to the Netherlands for the trial of the defendants in the bombing case. Neither

the House nor Senate bills addressed this matter.

Sec. 3025.—The conference agreement includes a provision, not

included in the House bill, to modify section 617 of the Departments of Commerce, Justice, and State, the Judiciary, and Related

Agencies Appropriations Act, 1999, to make permanent the moratorium on the entry of new factory trawlers into the Atlantic herring

and mackerel fishery until certain actions are taken by the appropriate fishery management councils.

The conference agreement includes a provision proposed in the

House bill, and not included in the Senate bill, amending the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999, to extend the availability

of funds included for the Commission on Holocaust Assets in the

United States to September 30, 2000.

The conference agreement includes a provision, modified from

language proposed in the Senate bill, making technical corrections

to the American Fisheries Act (Title II, Division C of Public Law

105–277).

The conference agreement includes a provision, modified from

language proposed in the Senate bill, which makes corrections to

section 113 of the Departments of Commerce, Justice, and State,

the Judiciary, and Related Agencies Appropriations Act, 1999, relating to eligibility of Alaska Native organizations for Department

of Justice grants.

The conferees agree to retain section 3029, as proposed by the

Senate, which authorizes the use of funds received pursuant to

housing claims for construction of an access road and for real property maintenance projects at Ellsworth Air Force Base.
99

DEPARTMENT OF DEFENSE—CIVIL

CORPS OF ENGINEERS

OPERATION AND MAINTENANCE, GENERAL

The conference agreement includes language proposed by the

Senate directing a statutory reprogramming of $800,000 for preliminary work associated with a transfer of Federal lands to certain

tribes and the State of South Dakota and for cultural resource protection activities, amended to delete language proposed by the Senate providing funds to the Lower Brule Sioux Tribe and the Cheyenne River Sioux Tribe.

PROHIBITION ON TREATING ANY FUNDS RECOVERED FROM TOBACCO

COMPANIES AS AN OVERPAYMENT FOR THE PURPOSES OF MEDICAID

The conference agreement includes language proposed by the

Senate which amends section 1903(d)(3) of the Social Security Act

(42 U.S.C. 1396b(d)(3)) to prohibit any Medicaid-related funds recovered or paid to a State as part of a settlement or judgment

reached in litigation the State initiated or pursued against one or

more tobacco companies being treated as an overpayment for purposes of the Medicaid statute. The House bill contained no similar

provision.

The conferees recognize that, absent Congressional action, the

issue of the Federal share of funds recovered under such settlements or judgments would be subject to litigation over the next

several years, delaying the availability of these funds and putting

planned State uses on hold. The conferees have adopted the Senate

language in order to permit States which are delaying their plans

for the use of these funds the certainty they need to plan their initiatives. The conferees encourage the States to use a significant

portion of any tobacco settlement or judgment on smoking cessation

and prevention programs, as well as other critical public health

programs, such as expanding health care benefits to low income

children and adults.

FINDINGS AND SENSE OF SENATE REGARDING SEQUENTIAL BILLING

POLICY FOR HOME HEALTH PAYMENTS UNDER THE MEDICARE PROGRAM

The conference agreement does not contain a Sense of the Senate provision regarding the sequential billing policy for home

health payments under Medicare as proposed by the Senate.

The Balanced Budget Act of 1997 shifted funding for certain

home health visits under Medicare from part A (Hospital Insurance) to part B (Medical Insurance). In a Sense of the Senate resolution, included in the Senate bill, the Senate indicated that certain Health Care Financing Administration regulations and administrative decisions have slowed down claims processing resulting in

the financial hardship and closing of home health agencies.

The House bill contained no similar provision.
100

FIREFIGHTERS PAY

The conferees agree to include a provision making a technical

change to the treatment of firefighters under section 628(f) of the

fiscal year 1999 Treasury and General Government Appropriations

Act, as proposed by the Senate, instead of no provision, as proposed

by the House.

HOWELL T. HEFLIN POST OFFICE BUILDING

The conferees agree to a provision designating a United States

Postal Service facility under construction at Tuscumbia, Alabama

as the ‘‘Howell T. Heflin Post Office Building’’.

SAN JOAQUIN, CALIFORNIA

The conferees agree to include language which corrects the

terms of a land conveyance in San Joaquin, California that was included in Public Law 105–277.

FERGUS FALLS, MINNESOTA

The conferees agree to direct the Administrator of the General

Services Administration to purchase from the Postal Service the

building in Fergus Falls, Minnesota where the U.S. Bankruptcy

Court and the U.S. District Court sit.

TITLE IV—RESCISSIONS AND OFFSETS

DEPARTMENT OF AGRICULTURE

FARM SERVICE AGENCY

EMERGENCY CONSERVATION PROGRAM

The conference agreement does not include language proposed

by the Senate rescinding $700,000 from amounts appropriated

under this heading. The House had no similar provision.

FOOD AND NUTRITION SERVICE

FOOD STAMP PROGRAM

(RESCISSION)

The conference agreement rescinds $1,250,000,000 of the balance of food stamp funds projected to remain unspent at the end

of the fiscal year instead of $521,000,000 as proposed by the Senate. The House had no similar provision.

FOREIGN ASSISTANCE AND RELATED PROGRAMS

PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS

The conference agreement does not include language proposed

by the House rescinding $30,000,000 from amounts appropriated

under this heading. The Senate had no similar provision.
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DEPARTMENT OF STATE AND RELATED AGENCIES

RELATED AGENCIES

UNITED STATES INFORMATION AGENCY

BUYING POWER MAINTENANCE

(RESCISSION)

The conference agreement includes a rescission of $20,000,000

from unobligated balances under this heading, as proposed in the

House bill. The balances in this account result from exchange rate

gains over the past several years, and exceed the potential requirements on the fund prior to the consolidation of the Agency into the

Department of State on October 1, 1999.

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

OTHER DEFENSE ACTIVITIES

The conference agreement deletes language proposed by the

House rescinding $150,000,000 of the funding provided to the Department of Energy in Public Law 105–277 for Russian programs

relating to the disposal of excess plutonium and uranium from nuclear weapons.

MULTILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL FINANCIAL INSTITUTIONS

CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION

AND DEVELOPMENT

GLOBAL ENVIRONMENT FACILITY

(RESCISSION)

The conference agreement includes a rescission of $25,000,000

from funds appropriated for the Global Environment Facility in

Public Law 105–277.

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

(RESCISSION)

The conference agreement includes a rescission of $5,000,000

in funds appropriated to the Economic Support Fund in Public Law

105–277 and in prior acts making appropriations for foreign operations, export financing, and related programs.
102

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

(RESCISSION)

The managers have agreed to the rescission of $6,800,000 from

management of lands and resources as proposed by both the House

and the Senate.

DEPARTMENT OF LABOR

EMPLOYMENT AND TRAINING ADMINISTRATION

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

The conference agreement includes a reduction in this account

of $22,400,000, instead of $21,000,000 as proposed by the House

and $17,400,000 as proposed by the Senate.

The agreement includes a reduction of $17,400,000 from the

Unemployment Insurance Contingency Account, the same level as

the Senate. The House bill reduced this account by $16,000,000

and the President requested a reduction of $5,700,000.

The agreement also includes a reduction of $5,000,000 from the

Unemployment Insurance Postage account, the same level as in the

House bill. The President did not request a reduction in this account and the Senate did not include one in its bill.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

HEALTH RESOURCES AND SERVICES ADMINISTRATION

FEDERAL CAPITAL LOAN PROGRAM FOR NURSING

(RESCISSION)

The conference agreement includes a rescission of $2,800,000

from the Federal Capital Loan Program for Nursing, the same level

as in the House bill. The President requested no rescission from

this account and the Senate did not include a rescission in its bill.

The amounts rescinded are unobligated balances in an account that

has been inactive for more than eight years.

DEPARTMENT OF EDUCATION

EDUCATION RESEARCH, STATISTICS AND IMPROVEMENT

(RESCISSION)

The conference agreement rescinds $6,500,000 from this account, instead of $6,800,000 as proposed by the House and

$8,000,000 as proposed by the Senate. The President proposed no

rescission for this account. The $6,500,000 will be taken from funds

which the Administration has indicated are in excess of what is

necessary for an evaluation of voluntary national test development.
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DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

(RESCISSIONS)

The conferees recommend rescissions totaling $31,400,000 in

fiscal year 1999 funds. These reflect inflation and foreign currency

fluctuation savings of $25,000,000 and $6,400,000 from the Base

Realignment and Closure Account, Part IV.

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

The conference agreement includes a rescission of $815,000 in

contract authority provided for ‘‘Small community air service’’ by

Public Law 101–508 for fiscal years prior to fiscal year 1998, as

proposed by the House. The Senate bill contained no similar rescission.

FEDERAL HIGHWAY ADMINISTRATION

STATE INFRASTRUCTURE BANKS

(RESCISSION)

The conference agreement includes a rescission of $6,500,000

from the state infrastructure bank program, as proposed by the

House. The Senate bill contained no similar rescission.

FEDERAL TRANSIT ADMINISTRATION

TRUST FUND SHARE OF TRANSIT PROGRAMS

(HIGHWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

The conference agreement includes a rescission of $665,000 in

contract authority from the trust fund share of transit programs

provided in Public Law 102–240 under 49 U.S.C. 5338(a)(1), as proposed by the House. The Senate bill contained no similar rescission.

INTERSTATE TRANSFER GRANTS—TRANSIT

The conference agreement includes a rescission of $600,000 in

unobligated balances of interstate transfer grants—transit, as proposed by the House. The Senate bill contained no similar rescission. The conferees direct the Federal Transit Administration to reduce only those available balances for projects for which funds were

allocated before fiscal year 1995.
104

DEPARTMENT OF THE TREASURY

BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

SALARIES AND EXPENSES

The conferees agree to a provision rescinding $4,500,000 from

amounts previously made available under this heading in Public

Law 105–277 for the expansion of the National Tracing Center.

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED

TO THE PRESIDENT

UNANTICIPATED NEEDS

The conferees agree to include a rescission of $10,000,000 from

amounts previously appropriated under this heading in Public Law

101–130, the Fiscal Year 1990 Dire Emergency Supplemental to

Meet the Needs of Natural Disasters of National Significance, as

proposed by the House, instead of no rescission, as proposed by the

Senate.

FEDERAL DRUG CONTROL PROGRAMS

SPECIAL FORFEITURE FUND

The conferees agree to include no rescission from the Special

Forfeiture Fund, as proposed by the House, instead of a rescission

of $1,250,000, as proposed by the Senate.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

PUBLIC AND INDIAN HOUSING

ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

(RESCISSION)

Inserts new language rescinding $350,000,000 in unobligated

and unexpended section 8 recaptures. Because the section 8 renewal account was fully funded in fiscal year 1999, these funds are

not necessary during the current fiscal year.

In fiscal year 2000, section 8 renewal needs are

$13,522,000,000. As proposed by the President, these recaptured

funds could offset the fiscal year 2000 request, thereby reducing

the total appropriation for fiscal year 2000. Clearly, the conferees

understand that the section 8 renewal account must be fully funded in order to protect the homes of those families who rely on this

assistance.

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT BLOCK GRANTS

(RESCISSION)

Rescinds $230,000,000 of unobligated balances for disaster relief instead of $313,600,000, as proposed by the Senate. The House

did not include a similar provision. The conferees note that funds

have been included in FEMA’s account to deal with issues relating
105

to disaster relief. The Department is directed to award the remaining funds in accordance with announcements made heretofore by

the Secretary, including allocations made pursuant to the March

10, 1999 notice published in the Federal Register, as expeditiously

as possible.

GENERAL PROVISION—THIS TITLE

Senate Section 3001. The conference agreement does not include language proposed by the Senate repealing Division B, title

V, chapter 1 of Public Law 105–277 providing emergency appropriations to the Agricultural Research Service for counter-narcotics

research proposed by the Senate. The House had no similar provision. The conference agreement rescinds $22,466,000 of these

funds, reflecting the obligation of $534,000 of these monies. Additional provisions regarding counter-narcotics research are included

elsewhere in this report.

TITLE V

TECHNICAL CORRECTIONS

The conference agreement includes four technical corrections

related to the Agriculture portion of Public Law 105–277 proposed

by both the House and the Senate, with modifications.

House Section 3002. The conference agreement does not include language proposed by the House extending the availability of

counter-drug research funds. The Senate had no similar provision.

The conference agreement includes four technical corrections to

the fiscal year 1999 Appropriations Act for the Department of the

Interior and Related Agencies as proposed by the Senate. The

House had similar provisions for three of these corrections. The

Senate added a provision revising an earmark in the Operation of

Indian Programs account.

The conference agreement deletes a provision included in both

the House and Senate versions of the bill regarding design of a CD

ROM product.

The conferees have included two technical corrections as contained in the House bill and the Senate amendment for the Legislative Branch.

The conferees have included language, proposed by the Senate,

which makes a technical correction to the Omnibus Consolidated

and Emergency Supplemental Appropriations Act, 1999 (Public

Law 105–277) under the heading ‘‘Family Housing, Navy and Marine Corps’’ to include Hurricane George.

The conference agreement includes a provision proposed by the

Senate that clarifies the scope of certain bus and bus facilities

projects contained in the Federal Transit Administration’s capital

investment grants program in fiscal year 1999. The House bill contained no similar provision. The conferees direct that funds provided for the Canton-Akron-Cleveland commuter rail project in the

Department of Transportation and Related Agencies Appropriations Act for fiscal year 1999 shall be available for the purchase of

rights-of-way in addition to conducting a major investment study to

examine the feasibility of establishing commuter rail service.
106

The conference agreement includes a provision proposed by the

Senate that increases the obligation limitation for the federal-aid

highways ferry boat and terminal program in fiscal year 1999 from

$38,000,000 to $59,290,000 to reflect the sum of both fiscal years

1998 and 1999 program funding levels. The House bill contained no

similar provision.

The conferees have agreed to include a technical correction to

the Federal Vacancies Reform Act of 1998 as proposed by the Senate. The House had no similar provision.

TITLE VI—GENERAL PROVISIONS, THIS ACT

The conference agreement includes provisions which extend

the Federal Aviation Administration’s airport improvement program (AIP) and war risk insurance program through August 6,

1999 at the same rate as included in the Department of Transportation and Related Agencies Appropriations Act, 1999. Under current law, the authorization for the AIP program will expire on May

31, 1999.

It is the conferees’ understanding that this provision will cause

no increase in fiscal year 1999 budget authority or outlays. The

conference agreement also includes provisions releasing an additional $30,000,000 in passenger facility fee/airport development

project grant funding to the Metropolitan Washington Airports Authority to continue the authority’s capital development programs.

The Senate bill proposed to extend the airport improvement program and the war risk insurance program through May 31, 1999.

The house bill contained no similar provisions.

The conference agreement includes a provision proposed by the

Senate that extends the Secretary of Transportation’s authority to

set Alaskan mail rates. The House bill contained no similar provision.

The conference agreement deletes a provision proposed by the

House that would have made funds available to continue the national advanced driving simulator in fiscal year 1999 from funds

previously appropriated to the National Highway Traffic Safety Administration. The Senate bill contained no similar provision. The

provision is no longer necessary as funding to continue the national

advanced driving simulator in fiscal year 1999 was addressed in a

reprogramming recently approved by the House and Senate Committees on Appropriations.

The conference agreement includes a provision proposed by the

House that re-designates a section number in the Transportation

Equity Act for the 21st Century. The Senate bill contained no similar provision.

The conferees agree to retain section 6004, as proposed by the

House, which expresses the sense of the Congress that there be

parity in the adjustments to compensation between military personnel and civilian employees.

The conference agreement deletes language proposed by the

Senate providing relief to certain natural gas producers in Kansas.
107

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year

1999 recommended by the Committee of Conference, with comparisons to the fiscal year 1999 budget estimates, and the House and

Senate bills for 1999 follows:

(In thousands of dollars)

Budget estimates of new (obligational) authority, fiscal year 1999 $7,796,524

House bill, fiscal year 1999 ................................................................... 13,221,669

Senate bill, fiscal year 1999 .................................................................. ¥2,424,691

Conference agreement, fiscal year 1999 .............................................. 13,145,246

Conference agreement compared with:

Budget estimates of new (obligational) authority, fiscal year

1999 .............................................................................................. +5,348,722

House bill, fiscal year 1999 ............................................................ ¥76,423

Senate bill, fiscal year 1999 ........................................................... +15,569,937

BILL YOUNG,

RALPH REGULA,

JERRY LEWIS,

JOHN PORTER,

HAROLD ROGERS,

JOE SKEEN,

FRANK R. WOLF,

JIM KOLBE,

RON PACKARD,

SONNY CALLAHAN,

JAMES T. WALSH,

CHARLES H. TAYLOR,

DAVID L. HOBSON,

JOHN P. MURTHA,

NORMAN D. DICKS,

ALLAN B. MOLLOHAN,

Managers on the Part of the House.
108

TED STEVENS, THAD COCHRAN, ARLEN SPECTER, PETE V. DOMENICI, CHRISTOPHER S. BOND, SLADE GORTON, MITCH MCCONNELL, CONRAD BURNS, RICHARD SHELBY, ROBERT F. BENNETT, BEN NIGHTHORSE CAMPBELL, LARRY CRAIG, KAY BAILEY HUTCHISON, JON KYL, ROBERT C. BYRD, DANIEL K. INOUYE, ERNEST F. HOLLINGS, PATRICK J. LEAHY, FRANK R. LAUTENBERG, BARBARA A. MIKULSKI, HARRY REID, HERB KOHL, DIANNE FEINSTEIN, Managers on the Part of the Senate.

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