In the Senate of the United States,

March 25, 1999.

Resolved, That the bill from the House of Representatives (H.R. 1141) entitled ‘‘An Act making emergency supplemental appropriations for the fiscal year ending September

30, 1999, and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 1999, and for other pur4 poses, namely:
2

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1 TITLE I—EMERGENCY SUPPLEMENTAL

2 APPROPRIATIONS

3 CHAPTER 1

4 DEPARTMENT OF AGRICULTURE

5 OFFICE OF THE SECRETARY

6 EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND

7 SEASONAL FARMWORKERS

8 For emergency grants to assist low-income migrant

9 and seasonal farmworkers under section 2281 of the Food,

10 Agriculture, Conservation, and Trade Act of 1990 (42

11 U.S.C. 5177a), $25,000,000: Provided, That the entire

12 amount shall be available only to the extent an official

13 budget request for $25,000,000, that includes designation of

14 the entire amount of the request as an emergency require15 ment as defined in the Balanced Budget and Emergency

16 Deficit Control Act of 1985, as amended, is transmitted by

17 the President to the Congress: Provided further, That the

18 entire amount is designated by the Congress as an emer19 gency requirement pursuant to section 251(b)(2)(A) of such

20 Act.

21 AGRICULTURAL MARKETING SERVICE

22 MARKETING SERVICES

23 For an additional amount to carry out the agricul24 tural marketing assistance program under the Agricultural

25 Marketing Act of 1946 (7 U.S.C. 1621 et seq.), $200,000,
3

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1 and the rural business enterprise grant program under sec2 tion 310B(c) of the Consolidated Farm and Rural Develop3 ment Act (7 U.S.C. 1932(c)), $500,000: Provided, That the

4 entire amount shall be available only to the extent an offi5 cial budget request for $700,000, that includes designation

6 of the entire amount of the request as an emergency require7 ment as defined in the Balanced Budget and Emergency

8 Deficit Control Act of 1985, as amended, is transmitted by

9 the President to Congress: Provided further, That the entire

10 amount is designated by the Congress as an emergency re11 quirement under section 251(b)(2)(A) of such Act.

12 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

13 SUPPLY

14 (SECTION 32)

15 For an additional amount for the fund maintained for

16 funds made available under section 32 of the Act of August

17 24, 1935 (7 U.S.C. 612c), $150,000,000: Provided, That the

18 entire amount shall be available only to the extent an offi19 cial budget request for $150,000,000, that includes designa20 tion of the entire amount of the request as an emergency

21 requirement as defined in the Balanced Budget and Emer22 gency Deficit Control Act of 1985, as amended, is trans23 mitted by the President to Congress: Provided further, That

24 the entire amount is designated by the Congress as an emer25 gency requirement under section 251(b)(2)(A) of such Act.
4

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1 FARM SERVICE AGENCY

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $42,753,000, to remain available until expended:

5 Provided, That the entire amount is designated by the Con6 gress as an emergency requirement pursuant to section

7 251(b)(2)(A) of the Balanced Budget and Emergency Def8 icit Control Act of 1985, as amended.

9 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

10 ACCOUNT

11 For additional gross obligations for the principal

12 amount of direct and guaranteed loans as authorized by

13 7 U.S.C. 1928–1929, to be available from funds in the Agri14 cultural Credit Insurance Fund, as follows: farm ownership

15 loans, $550,000,000, of which $350,000,000 shall be for

16 guaranteed loans; operating loans, $370,000,000, of which

17 $185,000,000 shall be for subsidized guaranteed loans; and

18 for emergency insured loans, $175,000,000 to meet the needs

19 resulting from natural disasters.

20 For the additional cost of direct and guaranteed loans,

21 including the cost of modifying loans as defined in section

22 502 of the Congressional Budget Act of 1974, to remain

23 available until expended, as follows: farm ownership loans,

24 $35,505,000, of which $5,565,000 shall be for guaranteed

25 loans; operating loans, $28,804,000, of which $16,169,000

26 shall be for subsidized guaranteed loans; and for emergency
5

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1 insured loans, $41,300,000 to meet the needs resulting from

2 natural disasters; and for additional administrative ex3 penses to carry out the direct and guaranteed loan pro4 grams, $4,000,000: Provided, That the entire amounts are

5 designated by the Congress as emergency requirements pur6 suant to section 251(b)(2)(A) of the Balanced Budget and

7 Emergency Deficit Control Act of 1985, as amended.

8 EMERGENCY CONSERVATION PROGRAM

9 For an additional amount for the ‘‘Emergency Con10 servation Program’’ for expenses resulting from natural dis11 asters, $30,000,000, to remain available until expended:

12 Provided, That the entire amount shall be available only

13 to the extent that an official budget request for $30,000,000,

14 that includes designation of the entire amount of the request

15 as an emergency requirement as defined in the Balanced

16 Budget and Emergency Deficit Control Act of 1985, as

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

18 Provided further, That the entire amount is designated by

19 the Congress as an emergency requirement pursuant to sec20 tion 251(b)(2)(A) of such Act.

21 COMMODITY CREDIT CORPORATION FUND

22 LIVESTOCK INDEMNITY PROGRAM

23 An amount of $3,000,000 is provided to implement a

24 livestock indemnity program as established in Public Law

25 105–18: Provided, That the entire amount shall be available

26 only to the extent an official budget request for $3,000,000,
6

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1 that includes designation of the entire amount of the request

2 as an emergency requirement as defined in the Balanced

3 Budget and Emergency Deficit Control Act of 1985, as

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

5 Provided further, That the entire amount is designated by

6 the Congress as an emergency requirement pursuant to sec7 tion 251(b)(2)(A) of such Act.

8 NATURAL RESOURCES CONSERVATION SERVICE

9 WATERSHED AND FLOOD PREVENTION OPERATIONS

10 For an additional amount for ‘‘Watershed and Flood

11 Prevention Operations’’ to repair damages to the waterways

12 and watersheds, including debris removal that would not

13 be authorized under the Emergency Watershed Program, re14 sulting from natural disasters, $100,000,000, to remain

15 available until expended: Provided, That the entire amount

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

17 request for $100,000,000, that includes designation of the

18 entire amount of the request as an emergency requirement

19 as defined in the Balanced Budget and Emergency Deficit

20 Control Act of 1985, as amended, is transmitted by the

21 President to the Congress: Provided further, That the entire

22 amount is designated by the Congress as an emergency re23 quirement pursuant to section 251(b)(2)(A) of such Act.

24 RURAL COMMUNITY ADVANCEMENT PROGRAM

25 For an additional amount for the costs of direct loans

26 and grants of the rural utilities programs described in sec-
7

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1 tion 381E(d)(2) of the Consolidated Farm and Rural Devel2 opment Act (7 U.S.C. 2009f), as provided in 7 U.S.C.

3 1926(a) and 7 U.S.C. 1926C for distribution through the

4 national reserve, $30,000,000, of which $25,000,000 shall

5 be for grants under such program: Provided, That the entire

6 amount shall be available only to the extent an official

7 budget request for $30,000,000, that includes designation of

8 the entire amount of the request as an emergency require9 ment as defined in the Balanced Budget and Emergency

10 Deficit Control Act of 1985, as amended, is transmitted by

11 the President to the Congress: Provided further, That the

12 entire amount is designated by the Congress as an emer13 gency requirement pursuant to section 251(b)(2)(A) of such

14 Act.

15 RURAL HOUSING SERVICE

16 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

17 For additional gross obligations for the principal

18 amount of direct and guaranteed loans as authorized by

19 title V of the Housing Act of 1949, to be available from

20 funds in the rural housing insurance fund to meet needs

21 resulting from natural disasters, as follows: $10,000,000 for

22 loans to section 502 borrowers, as determined by the Sec23 retary; and $1,000,000 for section 504 housing repair loans.

24 For the additional cost of direct and guaranteed loans,

25 including the cost of modifying loans, as defined in section
8

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1 502 of the Congressional Budget Act of 1974, to remain

2 available until expended, $1,534,000, as follows: section 502

3 loans, $1,182,000; and section 504 housing repair loans,

4 $352,000: Provided, That the entire amount shall be avail5 able only to the extent that an official budget request for

6 $1,534,000, that includes designation of the entire amount

7 of the request as an emergency requirement as defined in

8 the Balanced Budget and Emergency Deficit Control Act

9 of 1985, as amended, is transmitted by the President to the

10 Congress: Provided further, That the entire amount is des11 ignated by the Congress as an emergency requirement pur12 suant to section 251(b)(2)(A) of such Act.

13 RURAL HOUSING ASSISTANCE GRANTS

14 For an additional amount for grants for very low-in15 come housing repair, as authorized by 42 U.S.C. 1474, to

16 meet needs resulting from natural disasters, $1,000,000:

17 Provided, That the entire amount shall be available only

18 to the extent that an official budget request for $1,000,000,

19 that includes designation of the entire amount of the request

20 as an emergency requirement as defined in the Balanced

21 Budget and Emergency Deficit Control Act of 1985, as

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

23 Provided further, That the entire amount is designated by

24 the Congress as an emergency requirement pursuant to sec25 tion 251(b)(2)(A) of such Act.
9

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1 GENERAL PROVISIONS, THIS CHAPTER

2 SEC. 1101. The Secretary of Agriculture may waive

3 the limitation established under the second sentence of the

4 second paragraph of section 32 of the Act of August 24, 1935

5 (7 U.S.C. 612c), on the amount of funds that may be de6 voted during fiscal year 1999 to any 1 agricultural com7 modity or product thereof.

8 SEC. 1102. CROP LOSS ASSISTANCE. (a) IN GEN9 ERAL.—Section 1102 of the Agriculture, Rural Develop10 ment, Food and Drug Administration, and Related Agen11 cies Appropriations Act, 1999 (section 101(a) of division

12 A of Public Law 105–277), is amended—

13 (1) in subsection (a), by inserting ‘‘(not later

14 than June 15, 1999)’’ after ‘‘made available’’; and

15 (2) in subsection (g)(1), by inserting ‘‘or private

16 crop insurance (including a rain and hail policy)’’

17 before the period at the end.

18 (b) DESIGNATION AS EMERGENCY REQUIREMENT.—

19 Such sums as are necessary to carry out the amendments

20 made by subsection (a): Provided, That such amount shall

21 be available only to the extent an official budget request,

22 that includes designation of the entire amount of the request

23 as an emergency requirement for purposes of the Balanced

24 Budget and Emergency Deficit Control Act of 1985, is

25 transmitted by the President to the Congress: Provided fur-
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1 ther, That the entire amount is designated by the Congress

2 as an emergency requirement under section 251(b)(2)(A) of

3 such Act.

4 SEC. 1103. Notwithstanding section 11 of the Com5 modity Credit Corporation Charter Act (15 U.S.C. 714i),

6 an additional $28,000,000 shall be provided through the

7 Commodity Credit Corporation in fiscal year 1999 for tech8 nical assistance activities performed by any agency of the

9 Department of Agriculture in carrying out any conserva10 tion or environmental program funded by the Commodity

11 Credit Corporation: Provided, That the entire amount shall

12 be available only to the extent an official budget request

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

14 amount of the request as an emergency requirement as de15 fined in the Balanced Budget and Emergency Deficit Con16 trol Act of 1985, as amended, is transmitted by the Presi17 dent to the Congress: Provided further, That the entire

18 amount is designated by the Congress as an emergency re19 quirement pursuant to section 251(b)(2)(A) of such Act.

20 SEC. 1104. Notwithstanding any other provision of

21 law, monies available under section 763 of the Agriculture,

22 Rural Development, Food and Drug Administration, and

23 Related Agencies Appropriations Act, 1999, shall be pro24 vided by the Secretary of the Agriculture directly to any

25 State determined by the Secretary of Agriculture to have
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1 been materially affected by the commercial fishery failure

2 or failures declared by the Secretary of Commerce in Sep3 tember, 1998 under section 312(a) of the Magnuson-Stevens

4 Fishery Conservation and Management Act. Such State

5 shall disburse the funds to individuals with family incomes

6 below the Federal poverty level who have been adversely af7 fected by the commercial fishery failure or failures: Pro8 vided, That the entire amount shall be available only to

9 the extent an official budget request for such amount, that

10 includes designation of the entire amount of the request as

11 an emergency requirement as defined in the Balanced

12 Budget and Emergency Deficit Control Act of 1985, as

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

14 Provided further, That the entire amount is designated by

15 the Congress as an emergency requirement under section

16 251(b)(2)(A) of such Act.

17 SEC. 1105. (a) For an additional amount for the Live18 stock Assistance Program under Public Law 105–277,

19 $70,000,000: Provided, That the entire amount shall be

20 available only to the extent an official budget request for

21 $70,000,000, that includes designation of the entire amount

22 of the request as an emergency requirement as defined in

23 the Balanced Budget and Emergency Deficit Control Act

24 of 1985, as amended, is transmitted by the President to the

25 Congress: Provided further, That the entire amount is des-
12

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1 ignated by the Congress as an emergency requirement pur2 suant to section 251(b)(2)(A) of such Act.

3 (b) An additional amount of $250,000,000 is rescinded

4 as provided in section 3002 of this Act.

5 SEC. 1106. CROP INSURANCE OPTIONS FOR PRO6 DUCERS WHO APPLIED FOR CROP REVENUE COVERAGE

7 PLUS. (a) ELIGIBLE PRODUCERS.—This section applies

8 with respect to a producer eligible for insurance under the

9 Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) who

10 applied for the supplemental crop insurance endorsement

11 known as Crop Revenue Coverage PLUS (referred to in this

12 section as ‘‘CRCPLUS’’) for the 1999 crop year for a spring

13 planted agricultural commodity.

14 (b) ADDITIONAL PERIOD FOR OBTAINING OR TRANS15 FERRING COVERAGE.—Notwithstanding the sales closing

16 date for obtaining crop insurance coverage established

17 under section 508(f)(2) of the Federal Crop Insurance Act

18 (7 U.S.C. 1508(f)(2)) and notwithstanding any other provi19 sion of law, the Federal Crop Insurance Corporation shall

20 provide a 14-day period beginning on the date of enactment

21 of this Act, but not to extend beyond April 12, 1999, during

22 which a producer described in subsection (a) may—

23 (1) with respect to a federally reinsured policy,

24 obtain from any approved insurance provider a level

25 of coverage for the agricultural commodity for which
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1 the producer applied for the CRCPLUS endorsement

2 that is equivalent to or less than the level of federally

3 reinsured coverage that the producer applied for from

4 the insurance provider that offered the CRCPLUS en5 dorsement; and

6 (2) transfer to any approved insurance provider

7 any federally reinsured coverage provided for other

8 agricultural commodities of the producer by the same

9 insurance provider that offered the CRCPLUS en10 dorsement, as determined by the Corporation.

11 CHAPTER 2

12 FUNDS APPROPRIATED TO THE PRESIDENT

13 AGENCY FOR INTERNATIONAL DEVELOPMENT

14 CENTRAL AMERICA AND THE CARIBBEAN EMERGENCY

15 DISASTER RECOVERY FUND

16 (INCLUDING TRANSFERS OF FUNDS)

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

18 necessary expenses to address the effects of hurricanes in

19 Central America and the Caribbean and the earthquake in

20 Colombia, $611,000,000, to remain available until Sep21 tember 30, 2000: Provided, That the funds appropriated

22 under this heading shall be subject to the provisions of chap23 ter 4 of part II of the Foreign Assistance Act of 1961, as

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

25 V of the Foreign Operations, Export Financing, and Re26 lated Programs Act, 1999 (as contained in division A, sec-
14

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1 tion 101(d) of the Omnibus Consolidated and Emergency

2 Supplemental Appropriations Act, 1999 (Public Law 105–

3 277)): Provided further, That such assistance may be made

4 available notwithstanding such provisions of law regulating

5 the making, performance, amendment, or modification of

6 contracts as the Administrator of the United States Agency

7 for International Development (USAID) may specify: Pro8 vided further, That at least five days prior to any use of

9 the authority in the preceding proviso the Administrator

10 of USAID shall report in writing to the Committees on Ap11 propriations of his intent to exercise such authority: Pro12 vided further, That up to $6,000,000 of the funds appro13 priated by this paragraph may be transferred to ‘‘Oper14 ating Expenses of the Agency for International Develop15 ment’’, to remain available until September 30, 2000, to

16 be used for administrative costs of USAID in addressing

17 the effects of those hurricanes, of which up to $1,000,000

18 may be used to contract directly for the personal services

19 of individuals in the United States: Provided further, That

20 of the funds made available under this heading, not less

21 than $2,000,000 should be made available to support the

22 clearance of landmines and other unexploded ordnance in

23 Nicaragua and Honduras: Provided further, That, of the

24 amount appropriated under this heading, up to

25 $10,000,000 may be made available to establish and sup-
15

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1 port a scholarship fund for qualified low-to-middle income

2 students to attend Zamorano Agricultural University in

3 Honduras: Provided further, That up to $1,500,000 of the

4 funds appropriated by this heading may be transferred to

5 ‘‘Operating Expenses of the Agency for International Devel6 opment, Office of Inspector General’’, to remain available

7 until expended, to be used for costs of audits, inspections,

8 and other activities associated with the expenditure of funds

9 appropriated by this heading: Provided further, That

10 $500,000 of the funds appropriated by this heading shall

11 be made available to the Comptroller General for purposes

12 of monitoring the provision of assistance using funds ap13 propriated by this heading: Provided further, That any

14 funds appropriated by this heading that are made available

15 for nonproject assistance shall be obligated and expended

16 subject to the regular notification procedures of the Commit17 tees on Appropriations and to the notification procedures

18 relating to the reprogramming of funds under section 634A

19 of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1):

20 Provided further, That funds appropriated under this head21 ing shall be obligated and expended subject to the regular

22 notification procedures of the Committees on Appropria23 tions: Provided further, That the entire amount shall be

24 available only to the extent that an official budget request

25 for $611,000,000, that includes designation of the entire
16

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1 amount of the request as an emergency requirement as de2 fined in the Balanced Budget and Emergency Deficit Con3 trol Act of 1985, as amended, is transmitted by the Presi4 dent to the Congress: Provided further, That the entire

5 amount is designated by the Congress as an emergency re6 quirement pursuant to section 251(b)(2)(A) of the Balanced

7 Budget and Emergency Deficit Control Act of 1985, as

8 amended: Provided further, That the Agency for Inter9 national Development should undertake efforts to promote

10 reforestation, with careful attention to the choice, place11 ment, and management of species of trees consistent with

12 watershed management objectives designed to minimize fu13 ture storm damage, and to promote energy conservation

14 through the use of renewable energy and energy-efficient

15 services and technologies: Provided further, That reforest16 ation and energy initiatives under this heading should be

17 integrated with other sustainable development efforts: Pro18 vided further, That of the funds made available under this

19 heading, up to $10,000,000 may be used to build permanent

20 single family housing for those who are homeless as a result

21 of the effects of hurricanes in Central America and the Car22 ibbean.

23 INTERNATIONAL DISASTER ASSISTANCE

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

25 an additional amount for ‘‘International Disaster Assist26 ance’’ for necessary expenses for international disaster re-
17

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1 lief, rehabilitation, and reconstruction assistance, pursuant

2 to section 491 of the Foreign Assistance Act of 1961, as

3 amended, $35,000,000, to remain available until expended:

4 Provided, That the entire amount shall be available only

5 to the extent that an official budget request for $35,000,000,

6 that includes designation of the entire amount of the request

7 as an emergency requirement as defined in the Balanced

8 Budget and Emergency Deficit Control Act of 1985, as

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

10 Provided further, That the entire amount is designated by

11 the Congress as an emergency requirement pursuant to sec12 tion 251(b)(2)(A) of the Balanced Budget and Emergency

13 Deficit Control Act of 1985, as amended.

14 OTHER BILATERAL ECONOMIC ASSISTANCE

15 ECONOMIC SUPPORT FUND

16 For necessary expenses to enable the President to carry

17 out chapter 4 of part II of the Foreign Assistance Act of

18 1961, as amended, in addition to amounts otherwise avail19 able for such purposes: to provide assistance to Jordan,

20 $50,000,000, to remain available until September 30, 2001:

21 Provided, That the entire amount made available for fiscal

22 year 1999 herein is designated by the Congress as an emer23 gency requirement pursuant to section 251(b)(2)(A) of the

24 Balanced Budget and Emergency Deficit Control Act of

25 1985, as amended.
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1 MILITARY ASSISTANCE

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 FOREIGN MILITARY FINANCING PROGRAM

4 For necessary expenses for grants to enable the Presi5 dent to carry out section 23 of the Arms Export Control

6 Act, in addition to amounts otherwise available for such

7 purposes, $50,000,000, to become available upon enactment

8 of this Act and to remain available until September 30,

9 2001, which shall be for grants only for Jordan: Provided,

10 That funds appropriated under this heading shall be non11 repayable, notwithstanding section 23(b) and section 23(c)

12 of the Arms Export Control Act: Provided further, That the

13 entire amount made available for fiscal year 1999 herein

14 is designated by the Congress as an emergency requirement

15 pursuant to section 251(b)(2)(A) of the Balanced Budget

16 and Emergency Deficit Control Act of 1985, as amended.

17 DEPARTMENT OF THE TREASURY

18 DEBT RESTRUCTURING

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

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

21 $41,000,000, to remain available until expended and subject

22 to the terms and conditions under the same heading in the

23 Foreign Operations, Export Financing, and Related Pro24 grams Appropriations Act, 1999, as included in Public

25 Law 105–277, section 101(d): Provided, That up to
19

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1 $25,000,000 may be used for a contribution to the Central

2 America Emergency Trust Fund, administered by the

3 International Bank for Reconstruction and Development:

4 Provided further, That such funds shall be subject to the

5 regular notification procedures of the Committees on Appro6 priations: Provided further, That the entire amount is des7 ignated by the Congress as an emergency requirement pur8 suant to section 251(b)(2)(A) of the Balanced Budget and

9 Emergency Deficit Control Act of 1985, as amended.

10 GENERAL PROVISION, THIS CHAPTER

11 SEC. 1201. The value of articles, services, and military

12 education and training authorized as of November 15, 1998,

13 to be drawn down by the President under the authority of

14 section 506(a)(2) of the Foreign Assistance Act of 1961, as

15 amended, shall not be counted against the ceiling limitation

16 of that section.

17 CHAPTER 3

18 DEPARTMENT OF THE INTERIOR

19 UNITED STATES FISH AND WILDLIFE SERVICE

20 CONSTRUCTION

21 For an additional amount for ‘‘Construction’’,

22 $12,612,000, to remain available until expended, to repair

23 damage due to rain, winds, ice, snow, and other acts of

24 nature, and to replace and repair power generation equip25 ment: Provided, That the entire amount is designated by
20

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1 the Congress as an emergency requirement pursuant to sec2 tion 251(b)(2)(A) of the Balanced Budget and Emergency

3 Deficit Control Act of 1985, as amended: Provided further,

4 That the amount provided shall be available only to the ex5 tent that an official budget request that includes designation

6 of the entire amount as an emergency requirement pursuant

7 to section 251(b)(2)(A) of the Balanced Budget and Emer8 gency Deficit Control Act of 1985, as amended, is trans9 mitted by the President to the Congress.

10 OTHER RELATED AGENCY

11 UNITED STATES HOLOCAUST MEMORIAL COUNCIL

12 HOLOCAUST MEMORIAL COUNCIL

13 For an additional amount for ‘‘Holocaust Memorial

14 Council’’, $2,000,000, to remain available until expended,

15 for the Holocaust Museum to address security needs: Pro16 vided, That the entire amount is designated by the Congress

17 as an emergency requirement pursuant to section

18 251(b)(2)(A) of the Balanced Budget and Emergency Def19 icit Control Act of 1985, as amended: Provided further,

20 That the amount provided shall be available only to the ex21 tent that an official budget request that includes designation

22 of the entire amount as an emergency requirement pursuant

23 to section 251(b)(2)(A) of the Balanced Budget and Emer24 gency Deficit Control Act of 1985, as amended, is trans25 mitted by the President to the Congress.
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1 CHAPTER 4

2 INDEPENDENT AGENCY

3 FEDERAL EMERGENCY MANAGEMENT AGENCY

4 DISASTER ASSISTANCE FOR UNMET NEEDS

5 For ‘‘Disaster Assistance for Unmet Needs’’,

6 $313,600,000, which shall remain available until September

7 30, 2001, for use by the Director of the Federal Emergency

8 Management Agency (Director) only for disaster relief,

9 buyout assistance, long-term recovery, and mitigation in

10 communities affected by Presidentially-declared natural

11 disasters designated during fiscal years 1998 and 1999,

12 only to the extent those activities are not reimbursable by

13 or for which funds are not made available by the Federal

14 Emergency Management Agency (under its ‘‘Disaster Re15 lief’’ program), the Small Business Administration, or the

16 Army Corps of Engineers: Provided, That in administering

17 these funds the Director shall allocate these funds to States

18 to be administered by each State in conjunction with its

19 Federal Emergency Management Agency Disaster Relief

20 program: Provided further, That each State shall provide

21 not less than 25 percent in non-Federal public matching

22 funds or its equivalent value (other than administrative

23 costs) for any funds allocated to the State under this head24 ing: Provided further, That the Director shall allocate these

25 funds based on the unmet needs arising from a Presi-
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1 dentially-declared disaster as identified by the Director as

2 those which have not or will not be addressed by other Fed3 eral disaster assistance programs and for which it is deemed

4 appropriate to supplement the efforts and available re5 sources of States, local governments and disaster relief orga6 nizations: Provided further, That the Director shall estab7 lish review groups within FEMA to review each request by

8 a State of its unmet needs and certify as to the actual costs

9 associated with the unmet needs as well as the commitment

10 and ability of each state to provide its match requirement:

11 Provided further, That the Director shall implement all

12 mitigation and buyout efforts in a manner consistent with

13 the requirements of section 404 of the Robert T. Stafford

14 Disaster Relief and Emergency Assistance Act: Provided

15 further, That the Director shall publish a notice in the Fed16 eral Register governing the allocation and use of the funds

17 under this heading, including provisions for ensuring the

18 compliance of the states with the requirements of this pro19 gram: Provided further, That 10 days prior to distribution

20 of funds, the Director shall submit a list to the House and

21 Senate Committees on Appropriations, setting forth the pro22 posed uses of funds and the most recent estimates of unmet

23 needs: Provided further, That the Director shall submit

24 quarterly reports to the Committees regarding the actual

25 projects and needs for which funds have been provided
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1 under this heading: Provided further, That to the extent any

2 funds under this heading are used in a manner inconsistent

3 with the requirements of the program established under this

4 heading and any rules issued pursuant thereto, the Director

5 shall recapture an equivalent amount of funds from the

6 State from any existing funds or future funds awarded to

7 the State under this heading or any other program admin8 istered by the Federal Emergency Management Agency:

9 Provided further, That the entire amount shall be available

10 only to the extent an official budget request, that includes

11 designation of the entire amount of the request as an emer12 gency requirement as defined by the Balanced Budget and

13 Emergency Deficit Control Act of 1985, as amended, is

14 transmitted by the President to the Congress: Provided fur15 ther, That the entire amount is designated by the Congress

16 as an emergency requirement pursuant to section

17 251(b)(2)(A) of the Balanced Budget and Emergency Def18 icit Control Act of 1985, as amended.

19 GENERAL PROVISION, THIS TITLE

20 SEC. 1401. EMERGENCY STEEL LOAN GUARANTEE

21 PROGRAM. (a) SHORT TITLE.—This section may be cited

22 as the ‘‘Emergency Steel Loan Guarantee Act of 1999’’.

23 (b) CONGRESSIONAL FINDINGS.—Congress finds

24 that—
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1 (1) the United States steel industry has been se2 verely harmed by a record surge of more than

3 40,000,000 tons of steel imports into the United

4 States in 1998, caused by the world financial crisis;

5 (2) this surge in imports resulted in the loss of

6 more than 10,000 steel worker jobs in 1998, and was

7 the imminent cause of 3 bankruptcies by medium8 sized steel companies, Acme Steel, Laclede Steel, and

9 Geneva Steel;

10 (3) the crisis also forced almost all United States

11 steel companies into—

12 (A) reduced volume, lower prices, and fi13 nancial losses; and

14 (B) an inability to obtain credit for contin15 ued operations and reinvestment in facilities;

16 (4) the crisis also has affected the willingness of

17 private banks and investment institutions to make

18 loans to the U.S. steel industry for continued oper19 ation and reinvestment in facilities;

20 (5) these steel bankruptcies, job losses, and finan21 cial losses are also having serious negative effects on

22 the tax base of cities, counties, and States, and on the

23 essential health, education, and municipal services

24 that these government entities provide to their citi25 zens; and
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1 (6) a strong steel industry is necessary to the

2 adequate defense preparedness of the United States in

3 order to have sufficient steel available to build the

4 ships, tanks, planes, and armaments necessary for the

5 national defense.

6 (c) DEFINITIONS.—For purposes of this section—

7 (1) the term ‘‘Board’’ means the Loan Guarantee

8 Board established under subsection (e);

9 (2) the term ‘‘Program’’ means the Emergency

10 Steel Guaranteed Loan Program established under

11 subsection (d); and

12 (3) the term ‘‘qualified steel company’’ means

13 any company that—

14 (A) is incorporated under the laws of any

15 State;

16 (B) is engaged in the production and man17 ufacture of a product defined by the American

18 Iron and Steel Institute as a basic steel mill

19 product, including ingots, slab and billets, plates,

20 flat-rolled steel, sections and structural products,

21 bars, rail type products, pipe and tube, and wire

22 rod; and

23 (C) has experienced layoffs, production

24 losses, or financial losses since the beginning of

25 the steel import crisis, after January 1, 1998.
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1 (d) ESTABLISHMENT OF EMERGENCY STEEL GUARAN2 TEED LOAN PROGRAM.—There is established the Emergency

3 Steel Guaranteed Loan Program, to be administered by the

4 Board, the purpose of which is to provide loan guarantees

5 to qualified steel companies in accordance with this section.

6 (e) LOAN GUARANTEE BOARD MEMBERSHIP.—There

7 is established a Loan Guarantee Board, which shall be com8 posed of—

9 (1) the Secretary of Commerce, who shall serve

10 as Chairman of the Board;

11 (2) the Secretary of Labor; and

12 (3) the Secretary of the Treasury.

13 (f) LOAN GUARANTEE PROGRAM.—

14 (1) AUTHORITY.—The Program may guarantee

15 loans provided to qualified steel companies by private

16 banking and investment institutions in accordance

17 with the procedures, rules, and regulations established

18 by the Board.

19 (2) TOTAL GUARANTEE LIMIT.—The aggregate

20 amount of loans guaranteed and outstanding at any

21 one time under this section may not exceed

22 $1,000,000,000.

23 (3) INDIVIDUAL GUARANTEE LIMIT.—The aggre24 gate amount of loans guaranteed under this section
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1 with respect to a single qualified steel company may

2 not exceed $250,000,000.

3 (4) MINIMUM GUARANTEE AMOUNT.—No single

4 loan in an amount that is less than $25,000,000 may

5 be guaranteed under this section.

6 (5) TIMELINES.—The Board shall approve or

7 deny each application for a guarantee under this sec8 tion as soon as possible after receipt of such applica9 tion.

10 (6) ADDITIONAL COSTS.—For the additional cost

11 of the loans guaranteed under this subsection, includ12 ing the costs of modifying the loans as defined in sec13 tion 502 of the Congressional Budget Act of 1974 (2

14 U.S.C. 661a), there is appropriated $140,000,000 to

15 remain available until expended.

16 (g) REQUIREMENTS FOR LOAN GUARANTEES.—A loan

17 guarantee may be issued under this section upon applica18 tion to the Board by a qualified steel company pursuant

19 to an agreement to provide a loan to that qualified steel

20 company by a private bank or investment company, if the

21 Board determines that—

22 (1) credit is not otherwise available to that com23 pany under reasonable terms or conditions sufficient

24 to meet its financing needs, as reflected in the finan25 cial and business plans of that company;
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1 (2) the prospective earning power of that com2 pany, together with the character and value of the se3 curity pledged, furnish reasonable assurance of repay4 ment of the loan to be guaranteed in accordance with

5 its terms;

6 (3) the loan to be guaranteed bears interest at a

7 rate determined by the Board to be reasonable, taking

8 into account the current average yield on outstanding

9 obligations of the United States with remaining peri10 ods of maturity comparable to the maturity of such

11 loan; and

12 (4) the company has agreed to an audit by the

13 General Accounting Office, prior to the issuance of the

14 loan guarantee and annually while any such guaran15 teed loan is outstanding.

16 (h) TERMS AND CONDITIONS OF LOAN GUARAN17 TEES.—

18 (1) LOAN DURATION.—All loans guaranteed

19 under this section shall be payable in full not later

20 than December 31, 2005, and the terms and condi21 tions of each such loan shall provide that the loan

22 may not be amended, or any provision thereof

23 waived, without the consent of the Board.

24 (2) LOAN SECURITY.—Any commitment to issue

25 a loan guarantee under this section shall contain such
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1 affirmative and negative covenants and other protec2 tive provisions that the Board determines are appro3 priate. The Board shall require security for the loans

4 to be guaranteed under this section at the time at

5 which the commitment is made.

6 (3) FEES.—A qualified steel company receiving

7 a guarantee under this section shall pay a fee in an

8 amount equal to 0.5 percent of the outstanding prin9 cipal balance of the guaranteed loan to the Depart10 ment of the Treasury.

11 (i) REPORTS TO CONGRESS.—The Secretary of Com12 merce shall submit to the Congress annually, a full report

13 of the activities of the Board under this section during fiscal

14 years 1999 and 2000, and annually thereafter, during such

15 period as any loan guaranteed under this section is out16 standing.

17 (j) SALARIES AND ADMINISTRATIVE EXPENSES.—For

18 necessary expenses to administer the Program, $5,000,000

19 is appropriated to the Department of Commerce, to remain

20 available until expended, which may be transferred to the

21 Office of the Assistant Secretary for Trade Development of

22 the International Trade Administration.

23 (k) TERMINATION OF GUARANTEE AUTHORITY.—The

24 authority of the Board to make commitments to guarantee
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1 any loan under this section shall terminate on December

2 31, 2001.

3 (l) REGULATORY ACTION.—The Board shall issue such

4 final procedures, rules, and regulations as may be necessary

5 to carry out this section not later than 60 days after the

6 date of enactment of this Act.

7 (m) EMERGENCY DESIGNATION.—The entire amount

8 made available to carry out this section—

9 (1) is designated by the Congress as an emer10 gency requirement pursuant to section 251(b)(2)(A) of

11 the Balanced Budget and Emergency Deficit Control

12 Act of 1985 (2 U.S.C. 901(b)(2)(A)); and

13 (2) shall be available only to the extent that an

14 official budget request that includes designation of the

15 entire amount of the request as an emergency require16 ment (as defined in the Balanced Budget and Emer17 gency Deficit Control Act of 1985) is transmitted by

18 the President to the Congress.

19 SEC. 1402. PETROLEUM DEVELOPMENT MANAGEMENT.

20 (a) SHORT TITLE.—This section may be cited as the

21 ‘‘Emergency Oil and Gas Guaranteed Loan Program Act’’.

22 (b) FINDINGS.—Congress finds that—

23 (1) consumption of foreign oil in the United

24 States is estimated to equal 56 percent of all oil con-
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1 sumed, and that percentage could reach 68 percent by

2 2010 if current prices prevail;

3 (2) the number of oil and gas rigs operating in

4 the United States is at its lowest since 1944, when

5 records of this tally began;

6 (3) if prices do not increase soon, the United

7 States could lose at least half its marginal wells,

8 which in aggregate produce as much oil as the United

9 States imports from Saudi Arabia;

10 (4) oil and gas prices are unlikely to increase for

11 at least several years;

12 (5) declining production, well abandonment, and

13 greatly reduced exploration and development are

14 shrinking the domestic oil and gas industry;

15 (6) the world’s richest oil producing regions in

16 the Middle East are experiencing increasingly greater

17 political instability;

18 (7) United Nations policy may make Iraq the

19 swing oil producing nation, thereby granting Saddam

20 Hussein tremendous power;

21 (8) reliance on foreign oil for more than 60 per22 cent of our daily oil and gas consumption is a na23 tional security threat;
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1 (9) the level of United States oil security is di2 rectly related to the level of domestic production of oil,

3 natural gas liquids, and natural gas; and

4 (10) a national security policy should be devel5 oped that ensures that adequate supplies of oil are

6 available at all times free of the threat of embargo or

7 other foreign hostile acts.

8 (c) DEFINITIONS.—In this section:

9 (1) BOARD.—The term ‘‘Board’’ means the Loan

10 Guarantee Board established by subsection (e).

11 (2) PROGRAM.—The term ‘‘Program’’ means the

12 Emergency Oil and Gas Guaranteed Loan Program

13 established by subsection (d).

14 (3) QUALIFIED OIL AND GAS COMPANY.—The

15 term ‘‘qualified oil and gas company’’ means a com16 pany that—

17 (A) is incorporated under the laws of any

18 State;

19 (B) is—

20 (i) an independent oil and gas com21 pany (within the meaning of section

22 57(a)(2)(B)(i) of the Internal Revenue Code

23 of 1986); or

24 (ii) a small business concern under sec25 tion 3 of the Small Business Act (15 U.S.C.
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1 632) that is an oil field service company

2 whose main business is providing tools,

3 products, personnel, and technical solutions

4 on a contractual basis to exploration and

5 production operators who drill, complete,

6 produce, transport, refine and sell hydro7 carbons and their byproducts as their main

8 commercial business; and

9 (C) has experienced layoffs, production

10 losses, or financial losses since the beginning of

11 the oil import crisis, after January 1, 1997.

12 (d) EMERGENCY OIL AND GAS GUARANTEED LOAN

13 PROGRAM.—

14 (1) IN GENERAL.—There is established the Emer15 gency Oil and Gas Guaranteed Loan Program, the

16 purpose of which shall be to provide loan guarantees

17 to qualified oil and gas companies in accordance with

18 this section.

19 (2) LOAN GUARANTEE BOARD.—There is estab20 lished to administer the Program a Loan Guarantee

21 Board, to be composed of—

22 (A) the Secretary of Commerce, who shall

23 serve as Chairperson of the Board;

24 (B) the Secretary of Labor; and

25 (C) the Secretary of the Treasury.
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1 (e) AUTHORITY.—

2 (1) IN GENERAL.—The Program may guarantee

3 loans provided to qualified oil and gas companies by

4 private banking and investment institutions in ac5 cordance with procedures, rules, and regulations es6 tablished by the Board.

7 (2) TOTAL GUARANTEE LIMIT.—The aggregate

8 amount of loans guaranteed and outstanding at any

9 one time under this section shall not exceed

10 $500,000,000.

11 (3) INDIVIDUAL GUARANTEE LIMIT.—The aggre12 gate amount of loans guaranteed under this section

13 with respect to a single qualified oil and gas company

14 shall not exceed $10,000,000.

15 (4) MINIMUM GUARANTEE AMOUNT.—No single

16 loan in an amount that is less than $250,000 may be

17 guaranteed under this section.

18 (5) EXPEDITIOUS ACTION ON APPLICATIONS.—

19 The Board shall approve or deny an application for

20 a guarantee under this section as soon as practicable

21 after receipt of an application.

22 (f) REQUIREMENTS FOR LOAN GUARANTEES.—The

23 Board may issue a loan guarantee on application by a

24 qualified oil and gas company under an agreement by a

25 private bank or investment company to provide a loan to
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1 the qualified oil and gas company, if the Board determines

2 that—

3 (1) credit is not otherwise available to the com4 pany under reasonable terms or conditions sufficient

5 to meet its financing needs, as reflected in the finan6 cial and business plans of the company;

7 (2) the prospective earning power of the com8 pany, together with the character and value of the se9 curity pledged, provide a reasonable assurance of re10 payment of the loan to be guaranteed in accordance

11 with its terms;

12 (3) the loan to be guaranteed bears interest at a

13 rate determined by the Board to be reasonable, taking

14 into account the current average yield on outstanding

15 obligations of the United States with remaining peri16 ods of maturity comparable to the maturity of the

17 loan; and

18 (4) the company has agreed to an audit by the

19 General Accounting Office before issuance of the loan

20 guarantee and annually while the guaranteed loan is

21 outstanding.

22 (g) TERMS AND CONDITIONS OF LOAN GUARANTEES.—

23 (1) LOAN DURATION.—All loans guaranteed

24 under this section shall be repayable in full not later

25 than December 31, 2010, and the terms and condi-
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1 tions of each such loan shall provide that the loan

2 agreement may not be amended, or any provision of

3 the loan agreement waived, without the consent of the

4 Board.

5 (2) LOAN SECURITY.—A commitment to issue a

6 loan guarantee under this section shall contain such

7 affirmative and negative covenants and other protec8 tive provisions as the Board determines are appro9 priate. The Board shall require security for the loans

10 to be guaranteed under this section at the time at

11 which the commitment is made.

12 (3) FEES.—A qualified oil and gas company re13 ceiving a loan guarantee under this section shall pay

14 a fee in an amount equal to 0.5 percent of the out15 standing principal balance of the guaranteed loan to

16 the Department of the Treasury.

17 (h) REPORTS.—During fiscal year 1999 and each fis18 cal year thereafter until each guaranteed loan has been re19 paid in full, the Secretary of Commerce shall submit to the

20 Congress a report on the activities of the Board.

21 (i) SALARIES AND ADMINISTRATIVE EXPENSES.—For

22 necessary expenses to administer the Program, $2,500,000

23 is appropriated to the Department of Commerce, to remain

24 available until expended, which may be transferred to the
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1 Office of the Assistant Secretary for Trade Development of

2 the International Trade Administration.

3 (j) TERMINATION OF GUARANTEE AUTHORITY.—The

4 authority of the Board to make commitments to guarantee

5 any loan under this section shall terminate on December

6 31, 2001.

7 (k) REGULATORY ACTION.—Not later than 60 days

8 after the date of enactment of this Act, the Board shall issue

9 such final procedures, rules, and regulations as are nec10 essary to carry out this section.

11 (l) EMERGENCY DESIGNATION.—The entire amount

12 made available to carry out this section—

13 (1) is designated by the Congress as an emer14 gency requirement pursuant to section 251(b)(2)(A) of

15 the Balanced Budget and Emergency Deficit Control

16 Act of 1985 (2 U.S.C. 901(b)(2)(A)); and

17 (2) shall be available only to the extent that the

18 President submits to the Congress a budget request

19 that includes designation of the entire amount of the

20 request as an emergency requirement.

21 SEC. 1403. DEDUCTION FOR OIL AND GAS PRODUC22 TION. (a) DEDUCTION.—Subject to the limitations in sub23 section (c), the Secretary of the Interior shall allow lessees

24 operating one or more qualifying wells on public land to

25 deduct from the amount of royalty otherwise payable to the
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1 Secretary on production from a qualifying well, the amount

2 of expenditures made by such lessees after April 1, 1999

3 to—

4 (1) increase oil or gas production from existing

5 wells on public land;

6 (2) drill new oil or gas wells on existing leases

7 on public land; or

8 (3) explore for oil or gas on public land.

9 (b) DEFINITIONS.—For purposes of this section—

10 (1) the term ‘‘lessee’’ means any person to whom

11 the United States issues a lease for oil and gas explo12 ration, production, or development on public land, or

13 any person to whom operating rights in such lease

14 have been assigned;

15 (2) the term ‘‘public land’’ has the same mean16 ing given such term in section 103(e) of the Federal

17 Land Policy and Management Act of 1976 (43 U.S.C.

18 1702(e)); and

19 (3) the term ‘‘qualifying well’’ means any well

20 for the production of natural gas, crude oil, or both

21 that is on public land and—

22 (A) has production that is treated as mar23 ginal production under section 631A(c)(6) of the

24 Internal Revenue Code of 1986; or
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1 (B) has been classified as a qualifying well

2 by the Secretary of the Interior for purposes of

3 maximizing the benefits of this section.

4 (c) SUNSET.—The Secretary of the Interior shall not

5 allow a deduction under this section after—

6 (1) September 30, 2000;

7 (2) the thirtieth consecutive day on which the

8 price for West Texas Intermediate crude oil on the

9 New York Mercantile Exchange closes above $18 per

10 barrel; or

11 (3) lessees have deducted a total of $123,000,000

12 under this section—

13 whichever occurs first.

14 (d) ADMINISTRATIVE COSTS.—For necessary expenses

15 of the Department of the Interior under this section,

16 $2,000,000 is appropriated to the Secretary of the Interior,

17 to remain available until expended.

18 (e) EMERGENCY DESIGNATION.—The entire amount

19 made available to carry out this section—

20 (1) shall be available only to the extent an offi21 cial budget request for $125,000,000, that includes

22 designation of the entire amount of the request as an

23 emergency requirement as defined in the Balanced

24 Budget and Emergency Deficit Control Act of 1985,
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1 as amended, is transmitted by the President to the

2 Congress; and

3 (2) is designated by the Congress as an emer4 gency requirement pursuant to section 251(b)(2)(A) of

5 such Act.

6 (f) ADDITIONAL AMOUNT.—An additional amount of

7 $125,000,000 is rescinded as provided in section 3002 of

8 this Act.

9 TITLE II—SUPPLEMENTAL APPROPRIATIONS

10 CHAPTER 1

11 DEPARTMENT OF JUSTICE

12 IMMIGRATION AND NATURALIZATION SERVICE

13 SALARIES AND EXPENSES

14 ENFORCEMENT AND BORDER AFFAIRS

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

16 Enforcement and Border Affairs’’ to support increased de17 tention requirements for criminal and illegal aliens,

18 $80,000,000, which shall remain available until September

19 30, 2000.

20 DEPARTMENT OF COMMERCE

21 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

22 OPERATIONS, RESEARCH, AND FACILITIES

23 For the necessary expenses of additional research,

24 management, and enforcement activities in the Northeast

25 Multispecies fishery, and for the acquisition of shoreline

26 data for nautical charts, $3,880,000, to remain available
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1 until expended: Provided, That from unobligated balances

2 in this account available under the heading ‘‘CLIMATE AND

3 GLOBAL CHANGE RESEARCH’’, $2,000,000 shall be made

4 available for regional applications programs at the Univer5 sity of Northern Iowa consistent with the direction in the

6 report to accompany Public Law 105–277.

7 DEPARTMENT OF STATE

8 INTERNATIONAL NARCOTICS CONTROL AND LAW

9 ENFORCEMENT

10 For an additional amount for ‘‘International Nar11 cotics Control and Law Enforcement’’, $23,000,000, for

12 additional counterdrug research and development activi13 ties: Provided, That the entire amount is designated by the

14 Congress as an emergency requirement pursuant to section

15 251(b)(2)(A) of the Balanced Budget and Emergency Def16 icit Control Act of 1985: Provided further, That such

17 amount shall be available only to the extent an official

18 budget request that includes designation of the entire

19 amount of the request as an emergency requirement as de20 fined in such Act is transmitted by the President to the

21 Congress.
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1 THE JUDICIARY

2 SUPREME COURT OF THE UNITED STATES

3 SALARIES AND EXPENSES

4 For an additional amount for ‘‘Salaries and Ex5 penses,’’ $921,000, to remain available until expended.

6 CHAPTER 2

7 DEPARTMENT OF DEFENSE—MILITARY

8 MILITARY PERSONNEL

9 RESERVE PERSONNEL, ARMY

10 For an additional amount for ‘‘Reserve Personnel,

11 Army’’, $2,900,000.

12 NATIONAL GUARD PERSONNEL, ARMY

13 For an additional amount for ‘‘National Guard Per14 sonnel, Army’’, $7,300,000.

15 NATIONAL GUARD PERSONNEL, AIR FORCE

16 For an additional amount for ‘‘National Guard Per17 sonnel, Air Force’’, $1,000,000.

18 OPERATION AND MAINTENANCE

19 OPERATION AND MAINTENANCE, ARMY

20 For an additional amount for ‘‘Operation and Mainte21 nance, Army’’, $50,000,000.

22 OPERATION AND MAINTENANCE, NAVY

23 For an additional amount for ‘‘Operation and Mainte24 nance, Navy’’, $16,000,000.
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1 OPERATION AND MAINTENANCE, AIR FORCE

2 For an additional amount for ‘‘Operation and Mainte3 nance, Air Force’’, $8,000,000.

4 OPERATION AND MAINTENANCE, DEFENSE-WIDE

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Operation and Mainte7 nance, Defense-Wide’’, $21,000,000, of which $20,000,000 is

8 available only for the CINC initiative fund.

9 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

10 For an additional amount for ‘‘Operation and Mainte11 nance, Army National Guard’’, $20,000,000.

12 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

13 For an additional amount for ‘‘Overseas Humani14 tarian, Disaster, and Civic Aid’’, $37,500,000.

15 NEW HORIZONS EXERCISE TRANSFER FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 For emergency expenses incurred by United States

18 military forces to participate in the New Horizons Exercise

19 programs to undertake relief, rehabilitation, and restora20 tion operations and training activities in response to disas21 ters within the United States Southern Command area of

22 responsibility; $46,000,000, to remain available for transfer

23 until September 30, 1999: Provided, That the Secretary of

24 Defense may transfer these funds to operation and mainte25 nance accounts: Provided further, That the funds trans-
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1 ferred shall be merged with and shall be available for the

2 same purposes and for the same time period, as the appro3 priation to which transferred: Provided further, That the

4 transfer authority provided in this paragraph is in addi5 tion to any other transfer authority contained in Public

6 Law 105–262.

7 GENERAL PROVISIONS, THIS CHAPTER

8 SEC. 2201. Of the amounts appropriated or otherwise

9 made available in the Department of Defense Appropria10 tions Act, 1999 (Public Law 105–262) for ‘‘Operation and

11 maintenance, defense-wide’’, up to $8,000,000 may be made

12 available for the award of a grant to a consortium of non13 profit, higher education institutions for the purpose of cre14 ating a computer network among such institutions to en15 hance teaching and learning opportunities in science, tech16 nology and communications.

17 SEC. 2202. (a) UNITED STATES MILITARY ACAD18 EMY.—Section 4344(b)(3) of title 10, United States Code,

19 is amended by striking ‘‘five persons’’ and inserting ‘‘10

20 persons’’.

21 (b) UNITED STATES NAVAL ACADEMY.—Section

22 6957(b)(3) of such title is amended by striking ‘‘five per23 sons’’ and inserting ‘‘10 persons’’.
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1 (c) UNITED STATES AIR FORCE ACADEMY.—Section

2 9344(b)(3) of such title is amended by striking ‘‘five per3 sons’’ and inserting ‘‘10 persons’’.

4 (d) EFFECTIVE DATE.—The amendments made by this

5 section shall apply with respect to students from a foreign

6 country entering the United States Military Academy, the

7 United States Naval Academy, or the United States Air

8 Force Academy on or after May 1, 1999.

9 SEC. 2203. (a) AUTHORITY TO MAKE PAYMENTS.—

10 Subject to the provisions of this section, the Secretary of

11 Defense is authorized to make payments for the settlement

12 of the claims arising from the deaths caused by the accident

13 involving a United States Marine Corps EA–6B aircraft

14 on February 3, 1998, near Cavalese, Italy.

15 (b) DEADLINE FOR EXERCISE OF AUTHORITY.—The

16 Secretary shall make the decision to exercise the authority

17 in subsection (a) not later than 90 days after the date of

18 enactment of this Act.

19 (c) SOURCE OF PAYMENTS.—Notwithstanding any

20 other provision of law, of the amounts appropriated or oth21 erwise made available for the Department of the Navy for

22 operation and maintenance for fiscal year 1999 or other

23 unexpended balances from prior years, the Secretary shall

24 make available $40,000,000 only for emergency and ex-
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1 traordinary expenses associated with the settlement of the

2 claims arising from the accident described in subsection (a).

3 (d) AMOUNT OF PAYMENT.—The amount of the pay4 ment under this section in settlement of the claims arising

5 from the death of any person associated with the accident

6 described in subsection (a) may not exceed $2,000,000.

7 (e) TREATMENT OF PAYMENTS.—Any amount paid to

8 a person under this section is intended to supplement any

9 amount subsequently determined to be payable to the person

10 under section 127 or chapter 163 of title 10, United States

11 Code, or any other provision of law for administrative set12 tlement of claims against the United States with respect

13 to damages arising from the accident described in sub14 section (a).

15 (f) CONSTRUCTION.—The payment of an amount

16 under this section may not be considered to constitute a

17 statement of legal liability on the part of the United States

18 or otherwise as evidence of any material fact in any judicial

19 proceeding or investigation arising from the accident de20 scribed in subsection (a).

21 SEC. 2204. Notwithstanding any other provision of

22 law, a military technician (dual status) (as defined in sec23 tion 10216 of title 10, United States Code) performing ac24 tive duty without pay while on leave from technician em25 ployment under section 6323(d) of title 5, United States
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1 Code, may, in the discretion of the Secretary concerned, be

2 authorized a per diem allowance under this title, in lieu

3 of commutation for subsistence and quarters as described

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

5 SEC. 2205. OPERATIONAL SUPPORT AIRCRAFT MULTI6 YEAR LEASING DEMONSTRATION PROJECT. (a) AUTHORITY

7 TO LEASE.—Effective on or after October 1, 1999, the Sec8 retary of the Air Force may obtain transportation for oper9 ational support purposes, including transportation for com10 batant Commanders in Chief, by lease of aircraft, on such

11 terms and conditions as the Secretary may deem appro12 priate, consistent with this section, through an operating

13 lease consistent with OMB Circular A–11.

14 (b) MAXIMUM LEASE TERM FOR MULTI-YEAR

15 LEASE.—The term of any lease into which the Secretary

16 enters under this section shall not exceed ten years from

17 the date on which the lease takes effect.

18 (c) COMMERCIAL TERMS.—The Secretary may include

19 terms and conditions in any lease into which the Secretary

20 enters under this section that are customary in the leasing

21 of aircraft by a nongovernmental lessor to a nongovern22 mental lessee.

23 (d) TERMINATION PAYMENTS.—The Secretary may, in

24 connection with any lease into which the Secretary enters

25 under this section, to the extent the Secretary deems appro-
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1 priate, provide for special payments to the lessor if either

2 the Secretary terminates or cancels the lease prior to the

3 expiration of its term or the aircraft is damaged or de4 stroyed prior to the expiration of the term of the lease. In

5 the event of termination or cancellation of the lease, the

6 total value of such payments shall not exceed the value of

7 one year’s lease payment.

8 (e) OBLIGATION AND EXPENDITURE OF FUNDS.—Not9 withstanding any other provision of law—

10 (1) an obligation need not be recorded upon en11 tering into a lease under this section, in order to pro12 vide for the payments described in subsection (d); and

13 (2) any payments required under a lease under

14 this section, and any payments made pursuant to

15 subsection (d), may be made from—

16 (A) appropriations available for the per17 formance of the lease at the time the lease takes

18 effect;

19 (B) appropriations for the operation and

20 maintenance available at the time which the

21 payment is due; and

22 (C) funds appropriated for those payments.

23 (f) OTHER AUTHORITY PRESERVED.—The authority

24 granted to the Secretary of the Air Force by this section

25 is separate from and in addition to, and shall not be con-
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1 strued to impair or otherwise affect, the authority of the

2 Secretary to procure transportation or enter into leases

3 under a provision of law other than this section.

4 CHAPTER 3

5 DEPARTMENT OF THE INTERIOR

6 BUREAU OF INDIAN AFFAIRS

7 OPERATION OF INDIAN PROGRAMS

8 (TRANSFER OF FUNDS)

9 For an additional amount for ‘‘Operation of Indian

10 Programs’’, $1,136,000, to remain available until expended

11 for suppression of western spruce budworm: Provided, That

12 such funds shall be derived by transfer of funds provided

13 in previous appropriations acts under the heading ‘‘Forest

14 Service, Wildland Fire Management’’.

15 BUREAU OF LAND MANAGEMENT

16 MANAGEMENT OF LANDS AND RESOURCES

17 Of the funds provided under this heading in prior Ap18 propriations Acts for the Automated Land and Mineral

19 Record System, $1,000,000 shall be available until expended

20 to meet increased workload requirements stemming from the

21 anticipated higher volume of Applications for Permits to

22 Drill in the Powder River Basin: Provided, That unless

23 there is an agreement in place between the coal mining op24 erator and the gas producer, the funds made available here25 in shall not be used to approve Applications for Permits

26 to Drill for well sites that are located within an area cov-
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1 ered by: (1) an existing coal lease, or (2) an existing coal

2 mining permit, or (3) an existing Lease by Application for

3 a coal mining lease, or (4) a future Lease by Application

4 for an area adjacent to and within one mile of an area

5 covered by (1), (2), or (3) above. Nothing in this paragraph

6 shall be construed or operate as a restriction on current re7 sources appropriated to the Department of the Interior.

8 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN

9 INDIANS

10 FEDERAL TRUST PROGRAMS

11 For an additional amount for ‘‘Federal Trust Pro12 grams’’, $6,800,000, to remain available until expended for

13 activities pursuant to the Trust Management Improvement

14 Project High Level Implementation Plan.

15 BUREAU OF RECLAMATION

16 WATER AND RELATED RESOURCES

17 For an additional amount for ‘‘Water and Related Re18 sources’’ for emergency repairs to the Headgate Rock Hy19 droelectric Project, $5,000,000 is appropriated pursuant to

20 the Snyder Act (25 U.S.C.), to be expended by the Bureau

21 of Reclamation, to remain available until expended.
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1 DEPARTMENT OF AGRICULTURE

2 FOREST SERVICE

3 WILDLAND FIRE MANAGEMENT

4 Of the funds made available under this heading for

5 fire operations in previous Acts of Appropriation (exclusive

6 of amounts for hazardous fuels reduction), $100,000,000

7 shall be transferred to the Knutson-Vandenberg fund estab8 lished pursuant to section 3 of Public Law 71–319 (16

9 U.S.C. 576 et. seq.) within 10 days of passage of this Act.

10 CHAPTER 4

11 DEPARTMENT OF HEALTH AND HUMAN

12 SERVICES

13 OFFICE OF THE SECRETARY

14 GENERAL DEPARTMENTAL MANAGEMENT

15 For an additional amount for ‘‘general departmental

16 management’’, $1,400,000, to reduce the backlog of pending

17 nursing home appeals before the Departmental Appeals

18 Board.

19 RELATED AGENCY

20 CORPORATION FOR PUBLIC BROADCASTING

21 For an additional amount for the Corporation for

22 Public Broadcasting, to remain available until expended,

23 $18,000,000: Provided, That such funds be made available

24 to National Public Radio, as the designated manager of the
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1 Public Radio Satellite System, for acquisition of satellite

2 capacity.

3 CHAPTER 5

4 DEPARTMENT OF DEFENSE

5 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

6 For an additional amount for ‘‘Military Construction,

7 Army National Guard’’ to cover the incremental costs aris8 ing from the consequences of Hurricane Georges,

9 $14,500,000, as authorized by 10 U.S.C. 2854, to remain

10 available until September 30, 2003.

11 CHAPTER 6

12 DEPARTMENT OF HOUSING AND URBAN

13 DEVELOPMENT

14 COMMUNITY DEVELOPMENT BLOCK GRANTS

15 (INCLUDING TRANSFER OF FUNDS)

16 Of amounts appropriated for fiscal year 1999 for sala17 ries and expenses under the Salaries and Expenses account

18 in title II of Public Law 105–276, $3,400,000 shall be

19 transferred to the Community Development Block Grants

20 account in title II of Public Law 105–276 for grants for

21 service coordinators and congregate services for the elderly

22 and disabled: Provided, That in distributing such amount,

23 the Secretary of Housing and Urban Development shall give

24 priority to public housing agencies that submitted eligible

25 applications for renewal of fiscal year 1995 elderly service
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1 coordinator grants pursuant to the Notice of Funding

2 Availability for Service Coordinator Funds for Fiscal Year

3 1998, as published in the Federal Register on June 1, 1998.

4 MANAGEMENT AND ADMINISTRATION

5 OFFICE OF INSPECTOR GENERAL

6 Under this heading in Public Law 105–276, add the

7 words, ‘‘to remain available until September 30, 2000,’’

8 after ‘‘$81,910,000,’’.

9 CHAPTER 7

10 DEPARTMENT OF DEFENSE—CIVIL

11 DEPARTMENT OF THE ARMY

12 CORPS OF ENGINEERS—CIVIL

13 CONSTRUCTION, GENERAL

14 For an additional amount for ‘‘Construction, Gen15 eral’’, $500,000 shall be available for technical assistance

16 related to shoreline erosion at Lake Tahoe, Nevada caused

17 by high lake levels pursuant to section 219 of the Water

18 Resources Development Act of 1992.
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1 CHAPTER 8

2 EXECUTIVE OFFICE OF THE PRESIDENT AND

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 FEDERAL DRUG CONTROL PROGRAMS

5 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses of the Office of National Drug

8 Control Policy’s High Intensity Drug Trafficking Areas

9 Program, an additional $750,000 is appropriated for drug

10 control activities which shall be used specifically to expand

11 the Southwest Border High Intensity Drug Trafficking

12 Area for the State of New Mexico to include Rio Arriba

13 County, Santa Fe County, and San Juan County, New

14 Mexico, which are hereby designated as part of the South15 west Border High Intensity Drug Trafficking Area for the

16 State of New Mexico, and an additional $500,000 is appro17 priated for national efforts related to methamphetamine re18 duction efforts.

19 CHAPTER 9

20 DEPARTMENT OF STATE RELATED AGENCY

21 UNITED STATES COMMISSION ON INTERNATIONAL

22 RELIGIOUS FREEDOM

23 For necessary expenses for the United States Commis24 sion on International Religious Freedom, as authorized by

25 title II of the International Religious Freedom Act of 1998
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1 (Public Law 105–292), $3,000,000, to remain available

2 until expended: Provided, That the amount of the rescission

3 under chapter 2 of title III of this Act under the heading

4 ‘‘CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS’’ is

5 hereby increased by $3,000,000.

6 GENERAL PROVISIONS, THIS TITLE

7 SEC. 2301. The Department of the Interior and Re8 lated Agencies Appropriations Act, 1999 (as contained in

9 division A, section 101(e) of the Omnibus Consolidated and

10 Emergency Supplemental Appropriations Act, 1999 (Public

11 Law 105–277)) is amended under the heading ‘‘Forest Serv12 ice, Reconstruction and Construction’’ by inserting before

13 the final period the following: ‘‘: Provided further, That not14 withstanding any other provision of law, funds appro15 priated for Forest Service construction of a new forestry

16 research facility at Auburn University, Auburn, Alabama,

17 shall be available for a direct payment to Auburn Univer18 sity for this purpose, but no more than $4,000,000 shall

19 be available for such payment prior to October 1, 1999: Pro20 vided further, That if within the life of the facility the

21 USDA Forest Service needs additional space for collabo22 rative laboratory activities on the Auburn University cam23 pus, Auburn University shall provide such laboratory space

24 within the new facility constructed with these funds, free

25 of any charge for rent’’.
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1 SEC. 2302. None of the funds made available under

2 this or any other Act may be used by the Secretary of the

3 Interior to issue and finalize the rule to revise 43 C.F.R.

4 Part 3809, published on February 9, 1999 at 64 Fed. Reg.

5 6421 or the Draft Environmental Impact Statement on

6 Surface Management Regulations for Locatable Mineral

7 Operations, published in February, 1999, unless the Sec8 retary has provided a period of not less than 120 days for

9 accepting public comment on the proposed rule after the re10 port of the National Academy of Sciences’ Committee on

11 Hardrock Mining on Federal Lands, authorized and re12 quired by the Department of the Interior and Related Agen13 cies Appropriations Act, 1999 (as contained in division A,

14 section 101(e) of the Omnibus Consolidated and Emergency

15 Supplemental Appropriations Act, 1999 (Public Law 105–

16 277)) is submitted to the appropriate federal agencies, the

17 Congress, and the Governors of the affected states in accord18 ance with the requirements of that Act.

19 SEC. 2303. CIVIL LIBERTIES PUBLIC EDUCATION

20 FUND. Notwithstanding any other provision of law and in

21 addition to any funds appropriated for this purpose, the

22 Attorney General may transfer from any funds available

23 to the Department of Justice not more than $4,300,000 to

24 the Fund established under the Civil Liberties Act of 1988

25 (50 U.S.C. App. 1989b et seq.) for the purpose of paying
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1 restitution to individuals (1) who are eligible for restitution

2 under such Act and have filed timely claims for the restitu3 tion, or (2) who are found eligible under the settlement

4 agreement in the case of Carmen Mochizuki et al. vs. United

5 States (Case No. 97–294C, United States Court of Federal

6 Claims) and filed timely claims covered by the agreement.

7 SEC. 2304. Division A, section 101(a), title XI, section

8 1122(c) is amended by inserting after ‘‘basis’’ ‘‘: Provided,

9 That no administrative costs shall be charged against this

10 program which would have been incurred otherwise’’.

11 SEC. 2305. None of the funds in this or any other Act

12 shall be used to issue a notice of final rulemaking with re13 spect to the valuation of crude oil for royalty purposes, in14 cluding a rulemaking derived from proposed rules published

15 in 63 Federal Register 6113 (1998), 62 Federal Register

16 36030, and 62 Federal Register 3742 (1997) until October

17 1, 1999, or until there is a negotiated agreement on the

18 rule.

19 SEC. 2306. Of the $2,200,000 appropriated in Public

20 Law 105–276 in accordance with H.R. Conference Report

21 No. 105–769 to meet sewer infrastructure needs associated

22 with the 2002 Winter Olympic Games shall be awarded to

23 Wasatch County, UT, for both water and sewer.

24 SEC. 2307. For the remainder of fiscal year 1999, no

25 funds may be used by the Department of the Interior to
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1 implement Secretarial Order 3208, issued January 5, 1999,

2 regarding the ‘‘Reorganization of the Office of the Special

3 Trustee for American Indians’’. Fiscal year 1999 funds ap4 propriated for purposes of reforming trust funds manage5 ment practices shall continue to be administered as if the

6 Order had not been issued.

7 SEC. 2308. EXTENSION OF AIRPORT IMPROVEMENT

8 PROGRAM. (a) AUTHORIZATION OF APPROPRIATIONS.—Sec9 tion 48103 of title 49, United States Code, as amended by

10 section 110(b)(1) of title I of division C of the Omnibus

11 Consolidated and Emergency Supplemental Appropriations

12 Act, 1999 (Public Law 105–277), is amended by striking

13 ‘‘$1,205,000,000’’ and all that follows through ‘‘October 1,

14 1998’’and inserting ‘‘$1,607,000,000 for the 8-month period

15 beginning October 1, 1998.’’.

16 (b) OBLIGATIONAL AUTHORITY.—Section 47104(c) of

17 title 49, United States Code, as amended by section

18 110(b)(2) of title I of division C of the Omnibus Consoli19 dated and Emergency Supplemental Appropriations Act,

20 1999 (Public Law 105–277), is amended by striking

21 ‘‘March 31, 1999’’ and inserting ‘‘May 31, 1999’’.

22 (c) LIQUIDATION OF CONTRACT AUTHORIZATION.—

23 The Department of Transportation and Related Agencies

24 Appropriations Act, 1999, as enacted in section 101(g) of

25 Public Law 105–277, is amended as follows: Under the
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1 heading ‘‘Grants-in-Aid for Airports, (Liquidation of Con2 tract Authorization), (Airport and Airway Trust Fund)’’,

3 delete the last proviso, and insert the following in lieu there4 of: ‘‘: Provided further, That not more than $1,300,000,000

5 of funds limited under this heading may be obligated before

6 the enactment of a bill extending contract authorization for

7 the Grants-in-Aid for airports program beyond May 31,

8 1999.’’.

9 SEC. 2309. (a) Section (a) of section 149, division C

10 of Pubic Law 105–277 is amended by striking ‘‘April 1,

11 1999’’ and inserting in lieu thereof ‘‘September 30, 1999’’.

12 (b) Section (b) of section 149, division C of Public Law

13 105–277 is amended by striking ‘‘April 1, 1999’’ each time

14 it appears and inserting in lieu thereof ‘‘September 30,

15 1999’’.

16 SEC. 2310. (a) Section 339(b)(3) of the Consolidated

17 Farm and Rural Development Act (7 U.S.C. 1989(b)(3) is

18 amended—

19 (1) by striking the comma and the remainder of

20 paragraph (3) following the comma; and

21 (2) by inserting a period after ‘‘(1)’’.

22 (b) Section 353(c)(3)(C) of the Consolidated Farm and

23 Rural Development Act (7 U.S.C. 2001(c)(3)(C)) is amend24 ed by striking ‘‘100 percent’’ and inserting ‘‘110 percent’’.
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1 SEC. 2311. PROHIBITION ON TREATING ANY FUNDS

2 RECOVERED FROM TOBACCO COMPANIES AS AN OVERPAY3 MENT FOR PURPOSES OF MEDICAID. (a) AMENDMENT TO

4 SOCIAL SECURITY ACT.—Section 1903(d)(3) of the Social

5 Security Act (42 U.S.C. 1396b(d)(3)) is amended—

6 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and

7 (2) by adding at the end the following:

8 ‘‘(B)(i) Subparagraph (A) and paragraph (2)(B)

9 shall not apply to any amount recovered or paid to

10 a State as part of the comprehensive settlement of No11 vember 1998 between manufacturers of tobacco prod12 ucts, as defined in section 5702(d) of the Internal

13 Revenue Code of 1986, and State Attorneys General,

14 or as part of any individual State settlement or judg15 ment reached in litigation initiated or pursued by a

16 State against one or more such manufacturers.

17 ‘‘(ii) Except as provided in subsection (i)(19), a

18 State may use amounts recovered or paid to the State

19 as part of a comprehensive or individual settlement,

20 or a judgment, described in clause (i) for any expend21 itures determined appropriate by the State.’’.

22 (b) PROHIBITION ON PAYMENT FOR ADMINISTRATIVE

23 EXPENSES INCURRED IN PURSUING TOBACCO LITIGA24 TION.—Section 1903(i) of the Social Security Act (42

25 U.S.C. 1396b(i)) is amended—
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1 (1) in paragraph (18), by striking the period

2 and inserting ‘‘; or’’; and

3 (2) by inserting after paragraph (18) the fol4 lowing new paragraph:

5 ‘‘(19) with respect to any amount expended on

6 administrative costs to initiate or pursue litigation

7 described in subsection (d)(3)(B).’’.

8 (c) EFFECTIVE DATE.—This section and the amend9 ments made by this section shall apply to amounts paid

10 to a State prior to, on, or after the date of enactment of

11 this Act.

12 SEC. 2312. EXTENSION OF AVIATION INSURANCE PRO13 GRAM. Section 44310 of title 49, United States Code, is

14 amended by striking ‘‘March 31, 1999.’’ and inserting

15 ‘‘May 31, 1999.’’.

16 SEC. 2313. TITLE 49 RECODIFICATION CORRECTION.

17 Effective December 31, 1998, section 4(k) of the Act of July

18 5, 1994 (Public Law 103–272, 108 Stat. 1370), as amended

19 by section 7(a)(3)(D) of the Act of October 31, 1994 (Public

20 Law 103–429, 108 Stat. 4329), is repealed.

21 SEC. 2314. Notwithstanding any other provision of

22 law, the taking of a Cook Inlet beluga whale under the ex23 emption provided in section 101(b) of the Marine Mammal

24 Protection Act (16 U.S.C. 1371(a)) between the date of the

25 enactment of this Act and October 1, 2000 shall be consid-
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1 ered a violation of such Act unless such taking occurs pursu2 ant to a cooperative agreement between the National Marine

3 Fisheries Service and Cook Inlet Marine Mammal Council.

4 SEC. 2315. Funds provided in the Department of Com5 merce, Justice, and State, the Judiciary, and Related Agen6 cies Appropriations Act, 1999 (Public Law 105–277, divi7 sion A, section 101(b)) for the construction of correctional

8 facility in Barrow, Alaska shall be made available to the

9 North Slope Borough.

10 SEC. 2316. LIABILITY OF CERTAIN NATURAL GAS

11 PRODUCERS. The Natural Gas Policy Act of 1978 (15

12 U.S.C. 3301 et seq.) is amended by adding at the end the

13 following:

14 ‘‘SEC. 603. LIABILITY OF CERTAIN NATURAL GAS PRO15 DUCERS.

16 ‘‘If the Commission orders any refund of any rate or

17 charge made, demanded, or received for reimbursement of

18 State ad valorem taxes in connection with the sale of nat19 ural gas before 1989, the refund shall be ordered to be made

20 without interest or penalty of any kind.’’.

21 SEC. 2317. Section 328 of the Department of the Inte22 rior and Related Agencies Appropriations Act, 1999 (Public

23 Law 105–277, division A, section 1(e), title III) is amended

24 by striking ‘‘none of the funds in this Act’’ and inserting
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1 ‘‘none of the funds provided in this Act to the Indian Health

2 Service or Bureau of Indian Affairs’’.

3 SEC. 2318. (a) LOAN DEFICIENCY PAYMENTS FOR

4 CLUB WHEAT PRODUCERS.—In making loan deficiency

5 payments available under section 135 of the Agricultural

6 Market Transition Act (7 U.S.C. 7235) to producers of club

7 wheat, the Secretary of Agriculture may not assess a pre8 mium adjustment on the amount that would otherwise be

9 computed for club wheat under the section to reflect the pre10 mium that is paid for club wheat to ensure its availability

11 to create a blended specialty product known as western

12 white wheat.

13 (b) RETROACTIVE APPLICATION.—As soon as prac14 ticable after the date of the enactment of this Act, the Sec15 retary of Agriculture shall make a payment to each pro16 ducer of club wheat that received a discounted loan defi17 ciency payment under section 135 of the Agricultural Mar18 ket Transition Act (7 U.S.C. 7235) before that date as a

19 result of the assessment of a premium adjustment against

20 club wheat. The amount of the payment for a producer shall

21 be equal to the difference between—

22 (1) the loan deficiency payment that would have

23 been made to the producer in the absence of the pre24 mium adjustment; and
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1 (2) the loan deficiency payment actually received

2 by the producer.

3 (c) FUNDING SOURCE.—The Secretary shall use funds

4 available to provide marketing assistance loans and loan

5 deficiency payments under subtitle C of the Agricultural

6 Market Transition Act (7 U.S.C. 7231 et seq.) to make the

7 payments required by subsection (b).

8 SEC. 2319. GLACIER BAY. (a) DUNGENESS CRAB

9 FISHERMEN.—Section 123(b) of the Department of the Inte10 rior and Related Agencies Appropriations Act, 1999 (sec11 tion 101(e) of division A of Public Law 105–277) is

12 amended—

13 (1) in paragraph (1)—

14 (A) by striking ‘‘February 1, 1999’’ and in15 serting ‘‘June 1, 1999’’; and

16 (B) by striking ‘‘1996’’ and inserting

17 ‘‘1998’’; and

18 (2) by striking ‘‘the period January 1, 1999,

19 through December 31, 2004, based on the individual’s

20 net earnings from the Dungeness crab fishery during

21 the period January 1, 1991, through December 31,

22 1996’’ and inserting ‘‘for the period beginning Janu23 ary 1, 1999 that is equivalent in length to the period

24 established by such individual under paragraph (1),
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1 based on the individual’s net earnings from the Dun2 geness crab fishery during such established period’’.

3 (b) OTHERS AFFECTED BY FISHERY CLOSURES AND

4 RESTRICTIONS.—Section 123 of the Department of the Inte5 rior and Related Agencies Appropriations Act, 1999 (sec6 tion 101(e) of division A of Public Law 105–277), as

7 amended, is amended further by redesignating subsection

8 (c) as subsection (d) and inserting immediately after sub9 section (b) the following new subsection:

10 ‘‘(c) OTHERS AFFECTED BY FISHERY CLOSURES AND

11 RESTRICTIONS.—The Secretary of the Interior is authorized

12 to provide such funds as are necessary for a program devel13 oped with the concurrence of the State of Alaska to fairly

14 compensate United States fish processors, fishing vessel crew

15 members, communities, and others negatively affected by re16 strictions on fishing in Glacier Bay National Park. For the

17 purpose of receiving compensation under the program re18 quired by this subsection, a potential recipient shall provide

19 a sworn and notarized affidavit to establish the extent of

20 such negative effect.’’.

21 (c) IMPLEMENTATION.—Section 123 of the Department

22 of the Interior and Related Agencies Appropriations Act,

23 1999 (section 101(e) of division A of Public Law 105–277),

24 as amended, is amended further by inserting at the end the

25 following new subsection:
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1 ‘‘(e) IMPLEMENTATION AND EFFECTIVE DATE.—The

2 Secretary of the Interior shall publish an interim final rule

3 for the federal implementation of subsection (a) and shall

4 provide an opportunity for public comment on such interim

5 final rule. The effective date of the prohibitions in para6 graphs (2) through (5) of section (a) shall be 60 days after

7 the publication in the Federal Register of a final rule for

8 the federal implementation of subsection (a). In the event

9 that any individual eligible for compensation under sub10 section (b) has not received full compensation by June 15,

11 1999, the Secretary shall provide partial compensation on

12 such date to such individual and shall expeditiously provide

13 full compensation thereafter.’’.

14 (d) Of the funds provided under the heading ‘‘National

15 Park Service, Construction’’ in Public Law 105–277,

16 $3,000,000 shall not be available for obligation until Octo17 ber 1, 1999.

18 SEC. 2320. WHITE RIVER SCHOOL DISTRICT #47–1.

19 From any unobligated funds that are available to the Sec20 retary of Education to carry out section 306(a)(1) of the

21 Department of Education Appropriations Act, 1996, the

22 Secretary shall provide not more than $239,000, under such

23 terms and conditions as the Secretary determines appro24 priate, to the White River School District #47–1, White

25 River, South Dakota, to be used to repair damage caused
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1 by water infiltration at the White River High School, which

2 shall remain available until expended.

3 SEC. 2321. (a) The treatment provided to firefighters

4 under section 628(f) of the Treasury and General Govern5 ment Appropriations Act, 1999 (as included in section

6 101(h) of division A of the Omnibus Consolidated and

7 Emergency Supplemental Appropriations Act, 1999 (Public

8 Law 105–277)) shall be provided to any firefighter who—

9 (1) on the effective date of section 5545b of title

10 5, United States Code—

11 (A) was subject to such section; and

12 (B) had a regular tour of duty that aver13 aged more than 60 hours per week; and

14 (2) before December 31, 1999, is involuntarily

15 moved without a break in service from the regular

16 tour of duty under paragraph (1) to a regular tour

17 of duty that—

18 (A) averages 60 hours or less per week; and

19 (B) does not include a basic 40-hour work20 week.

21 (b) Subsection (a) shall apply to firefighters described

22 under that subsection as of the effective date of section 5545b

23 of title 5, United States Code.

24 (c) The Office of Personnel Management may prescribe

25 regulations necessary to implement this section.
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1 SEC. 2322. SENSE OF THE SENATE: EXPRESSING THE

2 SENSE OF THE SENATE THAT A PENDING SALE OF WHEAT

3 AND OTHER AGRICULTURAL COMMODITIES TO IRAN BE AP4 PROVED. (a) The Senate finds:

5 (1) That an export license is pending for the sale

6 of United States wheat and other agricultural com7 modities to the nation of Iran.

8 (2) That this sale of agricultural commodities

9 would increase United States agricultural exports by

10 about $500,000,000, at a time when agricultural ex11 ports have fallen dramatically.

12 (3) That sanctions on food are counterproductive

13 to the interest of United States farmers and to the

14 people who would be fed by these agricultural exports.

15 (b) Now therefore, it is the sense of the Senate that

16 the pending license for this sale of United States wheat and

17 other agricultural commodities to Iran be approved by the

18 administration.

19 SEC. 2323. PROHIBITION. (a) Notwithstanding any

20 other provision of law, prior to eight months after Congress

21 receives the report of the National Gambling Impact Study

22 Commission, the Secretary of the Interior shall not—

23 (1) promulgate as final regulations, or in any

24 way implement, the proposed regulations published on

25 January 22, 1998, at 63 Fed. Reg. 3289; or
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1 (2) issue a notice of proposed rulemaking for, or

2 promulgate, or in any way implement, any similar

3 regulations to provide for procedures for gaming ac4 tivities under the Indian Gaming Regulatory Act (25

5 U.S.C. 2701 et seq.), in any case in which a State as6 serts a defense of sovereign immunity to a lawsuit

7 brought by an Indian tribe in a Federal court under

8 section 11(d)(7) of that Act (25 U.S.C. 2710(d)(7)) to

9 compel the State to participate in compact negotia10 tions for class III gaming (as that term is defined in

11 section 4(8) of that Act (25 U.S.C. 2703(8))).

12 (3) approve class III gaming on Indian lands by

13 any means other than a Tribal-State compact entered

14 into between a State and a tribe.

15 (b) DEFINITIONS.—

16 (1) The terms ‘‘class III gaming’’, ‘‘Secretary’’,

17 ‘‘Indian lands’’, and ‘‘Tribal-State compact’’ shall

18 have the same meaning for the purposes of this section

19 as those terms have under the Indian Gaming Regu20 latory Act (25 U.S.C. 2701 et seq.).

21 (2) The ‘‘report of the National Gambling Im22 pact Study Commission’’ is the report described in

23 section 4(b) of Public Law 104–169 (18 U.S.C. sec.

24 1955 note).
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1 SEC. 2324. FINDINGS AND SENSE OF SENATE RE2 GARDING SEQUENTIAL BILLING POLICY FOR HOME

3 HEALTH PAYMENTS UNDER THE MEDICARE PROGRAM. (a)

4 FINDINGS.—The Senate finds the following:

5 (1) Section 4611 of the Balanced Budget Act of

6 1997 included a provision that transfers financial re7 sponsibility for certain home health visits under the

8 medicare program under title XVIII of the Social Se9 curity Act (42 U.S.C. 1395 et seq.) from part A to

10 part B of such program.

11 (2) The sole intent of the transfer described in

12 paragraph (1) was to extend the solvency of the Fed13 eral Hospital Insurance Trust Fund under section

14 1817 of such Act (42 U.S.C. 1395i).

15 (3) The transfer described in paragraph (1) was

16 supposed to be ‘‘seamless’’ so as not to disrupt the

17 provision of home health services under the medicare

18 program.

19 (4) The Health Care Financing Administration

20 has imposed a sequential billing policy that prohibits

21 home health agencies under the medicare program

22 from submitting claims for reimbursement for home

23 health services provided to a beneficiary unless all

24 claims for reimbursement for home health services
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1 that were previously provided to such beneficiary have

2 been completely resolved.

3 (5) The Health Care Financing Administration

4 has also expanded medical reviews of claims for reim5 bursement submitted by home health agencies, result6 ing in a significant slowdown nationwide in the proc7 essing of such claims.

8 (6) The sequential billing policy described in

9 paragraph (4), coupled with the slowdown in claims

10 processing described in paragraph (5), has substan11 tially increased the cash flow problems of home health

12 agencies because payments are often delayed by at

13 least 3 months.

14 (7) The vast majority of home health agencies

15 under the medicare program are small businesses that

16 cannot operate with significant cash flow problems.

17 (8) There are many other elements under the

18 medicare program relating to home health agencies,

19 such as the interim payment system under section

20 1861(v)(1)(L) of such Act (42 U.S.C. 1395x(v)(1)(L)),

21 that are creating financial problems for home health

22 agencies, thereby forcing more than 2,200 home health

23 agencies nationwide to close since the date of enact24 ment of the Balanced Budget Act of 1997.
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1 (b) SENSE OF THE SENATE.—It is the sense of the Sen2 ate that the Health Care Financing Administration

3 should—

4 (1) evaluate and monitor the use of the sequen5 tial billing policy (as described in subsection (a)(4))

6 in making payments to home health agencies under

7 the medicare program under title XVIII of the Social

8 Security Act (42 U.S.C. 1395 et seq.);

9 (2) ensure that—

10 (A) contract fiscal intermediaries under the

11 medicare program are timely in their random

12 medical review of claims for reimbursement sub13 mitted by home health agencies; and

14 (B) such intermediaries adhere to Health

15 Care Financing Administration instructions

16 that limit the number of claims for reimburse17 ment held for such review for any particular

18 home health agency to no more than 10 percent

19 of the total number of claims submitted by the

20 agency; and

21 (3) ensure that such intermediaries are consid22 ering and implementing constructive alternatives,

23 such as expedited reviews of claims for reimburse24 ment, for home health agencies with no history of bill-
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1 ing problems who have cash flow problems due to ran2 dom medical reviews and sequential billing.

3 SEC. 2325. A payment of $800,000 from the total

4 amount of $1,000,000 for construction of the Pike’s Peak

5 Summit House, as specified in Conference Report 105–337,

6 accompanying the Department of the Interior and Related

7 Agencies Appropriations Act for fiscal year 1998, Public

8 Law 105–83, and payments of $2,000,000 for the Borough

9 of Ketchikan to participate in a study of the feasibility and

10 dynamics of manufacturing veneer products in Southeast

11 Alaska and $200,000 for construction of the Pike’s Peak

12 Summit House, as specified in Conference Report 105–825

13 accompanying the Department of the Interior and Related

14 Agencies Appropriations Act for fiscal year 1999 (as con15 tained in division A, section 101(e) of the Omnibus Consoli16 dated and Emergency Supplemental Appropriations Act,

17 1999 (Public Law 105–277)), shall be paid in lump sum

18 and shall be considered direct payments, for the purposes

19 of all applicable law except that these direct grants may

20 not be used for lobbying activities.

21 SEC. 2326. Section 617 of the Department of Com22 merce, Justice, and State, the Judiciary, and Related Agen23 cies Appropriations Act, 1999 (as added by section 101(b)

24 of division A of the Omnibus Consolidated and Emergency
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HR 1141 EAS

1 Supplemental Appropriations Act, 1999 (Public Law 105–

2 277)) is amended—

3 (1) by striking subsection (a) and inserting in

4 lieu thereof the following:

5 ‘‘(a) None of the funds made available in this Act or

6 any other Act hereafter enacted may be used to issue or

7 renew a fishing permit or authorization for any fishing ves8 sel of the United States greater than 165 feet in registered

9 length, of more than 750 gross registered tons, or that has

10 an engine or engines capable of producing a total of more

11 than 3,000 shaft horsepower as specified in the permit ap12 plication required under part 648.4(a)(5) of title 50, Code

13 of Federal Regulations, part 648.12 of title 50, Code of Fed14 eral Regulations, and the authorization required under part

15 648.80(d)(2) of title 50, Code of Federal Regulations, to en16 gage in fishing for Atlantic mackerel or herring (or both)

17 under the Magnuson-Stevens Fishery Conservation and

18 Management Act (16 U.S.C. 1801 et seq.), unless the re19 gional fishery management council of jurisdiction rec20 ommends after October 21, 1998, and the Secretary of Com21 merce approves, conservation and management measures in

22 accordance with such Act to allow such vessel to engage in

23 fishing for Atlantic mackerel or herring (or both).’’; and

24 (2) in subsection (b), by striking ‘‘subsection

25 (a)(1)’’ and inserting ‘‘subsection (a)’’.
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1 SEC. 2327. The Corps of Engineers is directed to repro2 gram $800,000 of the funds made available to that agency

3 in fiscal year 1999 for the operation of the Pick-Sloan

4 project to perform the preliminary work needed to transfer

5 Federal lands to the tribes and State of South Dakota, and

6 to provide the Lower Brule Sioux Tribe and Cheyenne

7 River Sioux Tribe with funds to begin protecting invaluable

8 Indian cultural sites, under the Cheyenne River Sioux

9 Tribe, Lower Brule Sioux Tribe, and State of South Dakota

10 Terrestrial Wildlife Habitat Restoration Act.

11 SEC. 2328. GLACIER BAY. No funds may be expended

12 by the Secretary of the Interior to implement closures or

13 other restrictions of subsistence or commercial fishing or

14 subsistence gathering in Glacier Bay National Park, except

15 the closure of Dungeness crab fisheries under section 123(b)

16 of the Department of the Interior and Related Agencies Ap17 propriations Act, 1999 (section 101(e) of division A of Pub18 lic Law 105–277), until such time as the State of Alaska’s

19 legal claim to ownership and jurisdiction over submerged

20 lands and tidelands in the affected area has been resolved

21 either by a final determination by the judiciary or by a

22 settlement between the parties to the lawsuit.
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1 TITLE III—RESCISSIONS AND OFFSETS

2 CHAPTER 1

3 DEPARTMENT OF AGRICULTURE

4 FOOD AND NUTRITION SERVICE

5 FOOD STAMP PROGRAM

6 (RESCISSION)

7 Of the amounts made available under this heading in

8 division A, section 101(a), title IV of Public Law 105–277,

9 $521,000,000 are rescinded.

10 FARM SERVICE AGENCY

11 EMERGENCY CONSERVATION FUND

12 Of the amount made available under the heading

13 ‘‘EMERGENCY CONSERVATION PROGRAM’’ in chapter 1 of

14 title II of the 1998 Supplemental Appropriations and Re15 scissions Act (Public Law 105–174; 112 Stat. 68), $700,000

16 are rescinded.

17 CHAPTER 2

18 DEPARTMENT OF JUSTICE

19 OFFICE OF INSPECTOR GENERAL

20 (RESCISSION)

21 Of the unobligated balances available under this head22 ing, $5,000,000 are rescinded.
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1 IMMIGRATION AND NATURALIZATION SERVICE

2 SALARIES AND EXPENSES

3 ENFORCEMENT AND BORDER AFFAIRS

4 (RESCISSION)

5 Of the unobligated balances available under this head6 ing, excluding funds appropriated for equipment and facili7 ties, $40,000,000 are rescinded.

8 CITIZENSHIP AND BENEFITS, IMMIGRATION SUPPORT AND

9 PROGRAM DIRECTION

10 (RESCISSION)

11 Of the unobligated balances available under this head12 ing, excluding funds appropriated for equipment and facili13 ties, $25,000,000 are rescinded.

14 DEPARTMENT OF COMMERCE

15 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

16 OPERATIONS, RESEARCH AND FACILITIES

17 (RESCISSION)

18 Of the unobligated balances available under this head19 ing, $1,000,000 are rescinded.

20 PROCUREMENT, ACQUISITION, AND CONSTRUCTION

21 Of the unobligated balances available under this head22 ing, $2,000,000 are rescinded.
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1 DEPARTMENT OF STATE AND RELATED

2 AGENCIES

3 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

4 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

5 (RESCISSION)

6 Of the unobligated balances available under this head7 ing, excluding funds appropriated for arrearages,

8 $22,000,000 are rescinded.

9 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

10 ACTIVITIES

11 (RESCISSION)

12 Of the unobligated balances available under this head13 ing, excluding funds appropriated for arrearages,

14 $21,000,000 are rescinded.

15 INTERNATIONAL BROADCASTING OPERATIONS

16 (RESCISSION)

17 Of the unobligated balances available under this head18 ing, $1,000,000 are rescinded.

19 CHAPTER 3

20 DEPARTMENT OF DEFENSE—MILITARY

21 OPERATION AND MAINTENANCE

22 OPERATION AND MAINTENANCE, DEFENSE-WIDE

23 (RESCISSION)

24 Of the funds provided in Public Law 105–262, the fol25 lowing funds are hereby rescinded as of the date of enact26 ment of this Act from the following account: Under the
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1 heading, ‘‘Operation and Maintenance, Defense-Wide’’,

2 $217,700,000.

3 CHAPTER 4

4 BILATERAL ECONOMIC ASSISTANCE

5 FUNDS APPROPRIATED TO THE PRESIDENT

6 OTHER BILATERAL ASSISTANCE

7 ECONOMIC SUPPORT FUND

8 (RESCISSION)

9 Of the funds made available for Haiti under this head10 ing in Public Law 105–118 and in the Omnibus Consoli11 dated and Emergency Supplemental Appropriations Act,

12 1999 (Public Law 105–277), $10,000,000 are rescinded.

13 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

14 STATES

15 (RESCISSION)

16 Of the funds made available for Bosnia and

17 Herzegovina under this heading in Public Law 105–118

18 and in the Omnibus Consolidated and Emergency Supple19 mental Appropriations Act, 1999 (Public Law 105–277),

20 $10,000,000 are rescinded.

21 ASSISTANCE FOR THE NEW INDEPENDENT STATES OF THE

22 FORMER SOVIET UNION

23 (RESCISSION)

24 Of the funds made available for Russia under this

25 heading in Public Law 103–306, Public Law 105–118 and

26 in the Omnibus Consolidated and Emergency Supplemental
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1 Appropriations Act, 1999 (Public Law 105–277),

2 $10,000,000 are rescinded.

3 MULTILATERAL ECONOMIC ASSISTANCE

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 INTERNATIONAL FINANCIAL INSTITUTIONS

6 CONTRIBUTION TO THE INTERNATIONAL BANK FOR

7 RECONSTRUCTION AND DEVELOPMENT

8 GLOBAL ENVIRONMENT FACILITY

9 (RESCISSION)

10 Of the funds made available under this heading in the

11 Omnibus Consolidated and Emergency Supplemental Ap12 propriations Act, 1999 (Public Law 105–277), $60,000,000

13 are rescinded.

14 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

15 (RESCISSION)

16 Of the funds made available under this heading in the

17 Omnibus Consolidated and Emergency Supplemental Ap18 propriations Act, 1999 (Public Law 105–277), $10,000,000

19 are rescinded.

20 CHAPTER 5

21 DEPARTMENT OF THE INTERIOR

22 BUREAU OF LAND MANAGEMENT

23 MANAGEMENT OF LANDS AND RESOURCES

24 (RESCISSION)

25 Of the amounts appropriated under this heading in

26 previous appropriations acts, $6,800,000 are rescinded.
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1 CHAPTER 6

2 DEPARTMENT OF LABOR

3 EMPLOYMENT AND TRAINING ADMINISTRATION

4 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

5 SERVICE OPERATIONS

6 Under this heading in section 101(f) of Public Law

7 105–277, delete ‘‘$3,132,076,000’’ and insert

8 ‘‘$3,114,676,000’’; and delete ‘‘$180,933,000’’ and insert

9 ‘‘$163,533,000’’.

10 DEPARTMENT OF EDUCATION

11 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

12 (RESCISSION)

13 Of the funds made available under this heading in sec14 tion 101(f) of Public Law 105–277, $8,000,000 are re15 scinded.

16 CHAPTER 7

17 DEPARTMENT OF DEFENSE

18 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART IV

19 (RESCISSION)

20 Of the funds made available under this heading in

21 Public Law 105–237, $14,500,000 are rescinded.
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HR 1141 EAS

1 CHAPTER 8

2 DEPARTMENT OF HOUSING AND URBAN

3 DEVELOPMENT

4 PUBLIC AND INDIAN HOUSING

5 HOUSING CERTIFICATE FUND

6 (DEFERRAL)

7 Of the funds made available under this heading in

8 Public Law 105–276 for use in connection with expiring

9 or terminating section 8 contracts, $350,000,000 shall not

10 become available until October 1, 1999.

11 COMMUNITY PLANNING AND DEVELOPMENT

12 COMMUNITY DEVELOPMENT BLOCK GRANTS

13 (RESCISSION)

14 Of the unobligated balances available under this head15 ing in the 1998 Supplemental Appropriations and Rescis16 sions Act (Public Law 105–174), $63,600,000 are rescinded.

17 Of the unobligated balances available under this head18 ing in division B, of the Omnibus Consolidated and Emer19 gency Supplemental Appropriations, 1999 (Public Law

20 105–277), $250,000,000 are rescinded.
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1 INDEPENDENT AGENCY

2 ENVIRONMENTAL PROTECTION AGENCY

3 SCIENCE AND TECHNOLOGY

4 (RESCISSION)

5 Of the funds made available in Public Law 105–277,

6 $10,000,000 for research associated with the Climate

7 Change Technology Initiative are rescinded.

8 CHAPTER 9

9 DEPARTMENT OF DEFENSE—CIVIL

10 DEPARTMENT OF THE ARMY

11 CORPS OF ENGINEERS—CIVIL

12 CONSTRUCTION, GENERAL

13 (RESCISSION)

14 Of the amounts made available under this heading in

15 Public Law 105–245 for the Lackawanna River, Scranton,

16 Pennsylvania, $5,500,000 are rescinded.

17 CHAPTER 10

18 EXECUTIVE OFFICE OF THE PRESIDENT AND

19 FUNDS APPROPRIATED TO THE PRESIDENT

20 FEDERAL DRUG CONTROL PROGRAMS

21 SPECIAL FORFEITURE FUND

22 (RESCISSION)

23 Of the funds made available under this heading in di24 vision A of the Omnibus Consolidated and Emergency Sup25 plemental Appropriations, 1999 (Public Law 105–277)

26 $1,250,000 are rescinded.
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1 GENERAL PROVISIONS, THIS TITLE

2 SEC. 3001. (a) Division B, title V, chapter 1 of the

3 Omnibus Consolidated and Emergency Supplemental Ap4 propriations Act, 1999 (Public Law 105–277) is repealed.

5 (b) Section 832(a) of the Western Hemisphere Drug

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

7 (1) in the first sentence—

8 (A) by striking ‘‘Secretary of Agriculture’’

9 and inserting ‘‘Secretary of State’’; and

10 (B) by striking ‘‘the Agricultural Research

11 Service of the Department of Agriculture’’ and

12 inserting ‘‘the Department of State’’;

13 (2) in paragraph (5), by inserting ‘‘(without re14 gard to any requirement in law relating to public no15 tice or competition)’’ after ‘‘to contract’’; and

16 (3) by adding at the end the following:

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

18 activity funded, under this subsection shall be exempted

19 from disclosure as described in section 552(b)(3) of title 5,

20 United States Code.’’.

21 SEC. 3002. Of the funds appropriated with an emer22 gency designation in division B of Public Law 105–277,

23 other than those appropriated to the Department of De24 fense—Military, $343,000,000 are rescinded: Provided,

25 That these reductions shall be applied proportionally to
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1 each appropriation account and budget activity being re2 duced by this section: Provided further, That within 30

3 days of enactment of this Act, the Director of the Office of

4 Management and Budget shall submit to the Committees

5 on Appropriations a listing of the amounts by account of

6 the reductions made pursuant to this section.

7 SEC. 3003. Of the funds appropriated or otherwise

8 made available for fiscal year 1999 for the non-defense dis9 cretionary category, $100,000,000 are rescinded as a result

10 of revised economic assumptions from inflation adjusted ac11 counts: Provided, That within 30 days of enactment of this

12 Act, the Director of the Office of Management and Budget

13 shall submit to the Committees on Appropriations a listing

14 of the amounts by account of the reductions made pursuant

15 to this section.

16 SEC. 3004. GAO AND INSPECTOR GENERAL AUDIT.

17 The Inspector General of the Department of Housing and

18 Urban Development and the Comptroller General of the

19 United States shall conduct an audit of the Department of

20 Housing and Urban Development to assess the extent the

21 Department has been in compliance with the Department

22 of Housing and Urban Development Reform Act of 1989

23 over the last two years. The Inspector General of the Depart24 ment of Housing and Urban Development and the Comp25 troller General of the United States shall issue a prelimi-
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1 nary report to the Congress on this assessment within 6

2 months and a final report within 12 months.

3 TITLE IV—TECHNICAL CORRECTIONS

4 SEC. 4001. The Agriculture, Rural Development, Food

5 and Drug Administration, and Related Agencies Appro6 priations Act, 1999 (as contained in division A, section

7 101(a) of the Omnibus Consolidated and Emergency Sup8 plemental Appropriations Act, 1999 (Public Law 105–

9 277)) is amended:

10 (1) in title III, under the heading ‘‘Rural Com11 munity Advancement Program (Including Transfer of

12 Funds)’’, by inserting ‘‘1926d,’’ after ‘‘1926c,’’; by in13 serting ‘‘, 306(a)(2), and 306D’’ after ‘‘381E(d)(2)’’

14 the first time it appears in the paragraph; and by

15 striking ‘‘, as provided in 7 U.S.C. 1926(a) and 7

16 U.S.C. 1926C’’,

17 (2) in title VII, in section 718 by striking ‘‘this

18 Act’’ and inserting in lieu thereof ‘‘annual appropria19 tions Acts’’,

20 (3) in title VII, in section 747 by striking ‘‘302’’

21 and inserting in lieu thereof ‘‘203’’, and

22 (4) in title VII, in section 763(b)(3) by striking

23 ‘‘section 402(d) of Public Law 94–265’’ and inserting

24 in lieu thereof ‘‘section 116(a) of Public Law 104–

25 297’’.
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1 SEC. 4002. The Foreign Operations, Export Financ2 ing, and Related Programs Appropriations Act, 1999 (as

3 contained in division A, section 101(d) of the Omnibus Con4 solidated and Emergency Supplemental Appropriations

5 Act, 1999 (Public Law 105–277)) is amended:

6 (1) in title II under the heading ‘‘Burma’’ by

7 striking ‘headings ‘‘Economic Support Fund’’ and’

8 and inserting in lieu thereof ‘headings ‘‘Child Sur9 vival and Disease Programs Fund’’, ‘‘Economic Sup10 port Fund’’, and’,

11 (2) in title V in section 587 by striking ‘‘199–

12 339’’ and inserting in lieu thereof ‘‘99–399’’,

13 (3) in title V in subsection 594(a) by striking

14 ‘‘subparagraph (C)’’ and inserting in lieu thereof

15 ‘‘subsection (c)’’,

16 (4) in title V in subsection 594(b) by striking

17 ‘‘subparagraph (a)’’ and inserting in lieu thereof

18 ‘‘subsection (a)’’, and

19 (5) in title V in subsection 594(c) by striking

20 ‘‘521 of the annual appropriations Act for Foreign

21 Operations, Export Financing, and Related Pro22 grams’’ and inserting in lieu thereof ‘‘520 of this

23 Act’’.

24 SEC. 4003. Subsection 1706(b) of title XVII of the

25 International Financial Institutions Act (22 U.S.C. 262r–
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HR 1141 EAS

1 262r–2), as added by section 614 of the Foreign Operations,

2 Export Financing, and Related Programs Appropriations

3 Act, 1999, is amended by striking ‘‘June 30’’ and inserting

4 in lieu thereof ‘‘September 30’’.

5 SEC. 4004. The Department of the Interior and Re6 lated Agencies Appropriations Act, 1999 (as contained in

7 division A, section 101(e) of the Omnibus Consolidated and

8 Emergency Supplemental Appropriations Act, 1999 (Public

9 Law 105–277)) is amended:

10 (1) in the last proviso under the heading

11 ‘‘United States Fish and Wildlife Service, Adminis12 trative Provisions’’ by striking ‘‘section 104(c)(50)(B)

13 of the Marine Mammal Protection Act (16 U.S.C.

14 1361–1407)’’ and inserting in lieu thereof ‘‘section

15 104(c)(5)(B) of the Marine Mammal Protection Act of

16 1972 (16 U.S.C. 1361–1407)’’.

17 (2) under the heading ‘‘Bureau of Indian Af18 fairs, Operation of Indian Programs’’, by striking

19 ‘‘$94,010,000’’ and inserting in lieu thereof

20 ‘‘$94,046,000’’, by striking ‘‘$114,871,000’’ and in21 serting in lieu thereof ‘‘$114,891,000’’, by striking

22 ‘‘$387,365,000’’ and inserting in lieu thereof

23 ‘‘$389,307,000’’, and by striking ‘‘$52,889,000’’ and

24 inserting in lieu thereof ‘‘$53,039,000’’.
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HR 1141 EAS

1 (3) in section 354(a) by striking ‘‘16 U.S.C.

2 544(a)(2))’’ and inserting in lieu thereof ‘‘16 U.S.C.

3 544b(a)(2))’’.

4 (4) The amendments made by paragraphs (1),

5 (2), and (3) of this section shall take effect as if in6 cluded in Public Law 105–277 on the date of its en7 actment.

8 SEC. 4005. The Departments of Labor, Health and

9 Human Services, Education, and Related Agencies Appro10 priations Act, 1999 (as contained in division A, section

11 101(f) of the Omnibus Consolidated and Emergency Sup12 plemental Appropriations Act, 1999 (Public Law 105–

13 277)) is amended:

14 (1) in title I, under the heading ‘‘Federal Unem15 ployment Benefits and Allowances’’, by striking ‘‘dur16 ing the current fiscal year’’ and inserting in lieu

17 thereof ‘‘from October 1, 1998, through September 30,

18 1999’’;

19 (2) in title II under the heading ‘‘Office of the

20 Secretary, General Departmental Management’’ by

21 striking ‘‘$180,051,000’’ and inserting in lieu thereof

22 ‘‘$188,051,000’’;

23 (3) in title II under the heading ‘‘Children and

24 Families Services Programs, (Including Rescissions)’’

25 by striking ‘‘notwithstanding section 640(a)(6), of the
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1 funds made available for the Head Start Act,

2 $337,500,000 shall be set aside for the Head Start

3 Program for Families with Infants and Toddlers

4 (Early Head Start): Provided further, That’’;

5 (4) in title II under the heading ‘‘Office of the

6 Secretary, General Departmental Management’’ by

7 inserting after the first proviso the following: ‘‘Pro8 vided further, That of the funds made available under

9 this heading for carrying out title XX of the Public

10 Health Service Act, $10,831,000 shall be for activities

11 specified under section 2003(b)(2), of which

12 $9,131,000 shall be for prevention service demonstra13 tion grants under section 510(b)(2) of title V of the

14 Social Security Act, as amended, without application

15 of the limitation of section 2010(c) of said title XX:’’;

16 (5) in title III under the heading ‘‘Special Edu17 cation’’ by inserting before the period at the end of

18 the paragraph the following: ‘‘: Provided further, That

19 $1,500,000 shall be for the recipient of funds provided

20 by Public Law 105–78 under section 687(b)(2)(G) of

21 the Act to provide information on diagnosis, interven22 tion, and teaching strategies for children with disabil23 ities’’;
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1 (6) in title II under the heading ‘‘Public Health

2 and Social Services Emergency Fund’’ by striking

3 ‘‘$322,000’’ and inserting in lieu thereof ‘‘$180,000’’;

4 (7) in title III under the heading ‘‘Education

5 Reform’’ by striking ‘‘$491,000,000’’ and inserting in

6 lieu thereof ‘‘$459,500,000’’;

7 (8) in title III under the heading ‘‘Vocational

8 and Adult Education’’ by striking ‘‘$6,000,000’’ the

9 first time that it appears and inserting in lieu thereof

10 ‘‘$14,000,000’’, and by inserting before the period at

11 the end of the paragraph the following: ‘‘: Provided

12 further, That of the amounts made available for the

13 Perkins Act, $4,100,000 shall be for tribally controlled

14 postsecondary vocational institutions under section

15 117’’;

16 (9) in title III under the heading ‘‘Higher Edu17 cation’’ by inserting after the first proviso the fol18 lowing: ‘‘Provided further, That funds available for

19 part A, subpart 2 of title VII of the Higher Education

20 Act shall be available to fund awards for academic

21 year 1999–2000 for fellowships under part A, subpart

22 1 of title VII of said Act, under the terms and condi23 tions of part A, subpart 1:’’;

24 (10) in title III under the heading ‘‘Education

25 Research, Statistics, and Improvement’’ by inserting
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1 after the third proviso the following: ‘‘Provided fur2 ther, That of the funds appropriated under section

3 10601 of title X of the Elementary and Secondary

4 Education Act of 1965, as amended, $1,000,000 shall

5 be used to conduct a violence prevention demonstra6 tion program: Provided further, That of the funds ap7 propriated under section 10601 of title X of the Ele8 mentary and Secondary Education Act of 1965, as

9 amended, $50,000 shall be awarded to the Center for

10 Educational Technologies to conduct a feasibility

11 study and initial planning and design of an effective

12 CD ROM product that would complement the book,

13 We the People: The Citizen and the Constitution:’’;

14 (11) in title III under the heading ‘‘Reading Ex15 cellence’’ by inserting before the period at the end of

16 the paragraph the following: ‘‘: Provided, That up to

17 one percent of the amount appropriated shall be

18 available October 1, 1998 for peer review of applica19 tions’’;

20 (12) in title V in section 510(3) by inserting

21 after ‘‘Act’’ the following: ‘‘or subsequent Departments

22 of Labor, Health and Human Services, Education,

23 and Related Agencies Appropriations Acts’’; and
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1 (13)(A) in title VIII in section 405 by striking

2 subsection (e) and inserting in lieu thereof the fol3 lowing:

4 ‘‘(e) OTHER REFERENCES TO TITLE VII OF THE

5 STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT.—

6 The table of contents of the Stewart B. McKinney Homeless

7 Assistance Act (42 U.S.C. 11301 et seq.) is amended—

8 ‘‘(1) by striking the items relating to title VII of

9 such Act, except the item relating to the title heading

10 and the items relating to subtitles B and C of such

11 title; and

12 ‘‘(2) by striking the item relating to the title

13 heading for title VII and inserting in lieu thereof the

14 following:

15 ‘‘TITLE VII—EDUCATION AND TRAINING’’.

16 (B) The amendments made by paragraph

17 (13)(A) of this section shall take effect as if included

18 in Public Law 105–277 on the date of its enactment.

19 SEC. 4006. The last sentence of section 5595(b) of title

20 5, United States Code (as added by section 309(a)(2) of the

21 Legislative Branch Appropriations Act, 1999, Public Law

22 105–275) is amended by striking ‘‘(a)(1)(G)’’ and inserting

23 in lieu thereof ‘‘(a)(1)(C)’’.

24 SEC. 4007. Division B, title II, chapter 5 of the Omni25 bus Consolidated and Emergency Supplemental Appropria-
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1 tions Act, 1999 (Public Law 105–277) is amended under

2 the heading ‘‘Capitol Police Board, Security Enhance3 ments’’ by inserting before the period at the end of the para4 graph ‘‘: Provided further, That for purposes of carrying

5 out the plan or plans described under this heading and con6 sistent with the approval of such plan or plans pursuant

7 to this heading, the Capitol Police Board shall transfer the

8 portion of the funds made available under this heading

9 which are to be used for personnel and overtime increases

10 for the United States Capitol Police to the heading ‘‘Capitol

11 Police Board, Capitol Police, Salaries’’ under the Act mak12 ing appropriations for the legislative branch for the fiscal

13 year involved, and shall allocate such portion between the

14 Sergeant at Arms of the House of Representatives and the

15 Sergeant at Arms and Doorkeeper of the Senate in such

16 amounts as may be approved by the Committee on Appro17 priations of the House of Representatives and the Com18 mittee on Appropriations of the Senate’’.

19 SEC. 4008. Division B, title 1, chapter 3 of the Omni20 bus Consolidated and Emergency Supplemental Appropria21 tions Act, 1999 (Public Law 105–277) is amended under

22 the heading ‘‘Family Housing, Navy and Marine Corps’’

23 by striking the word ‘‘Hurricane’’ and inserting in lieu

24 thereof ‘‘Hurricanes Georges and’’.
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1 SEC. 4009. The Department of Transportation and Re2 lated Agencies Appropriations Act, 1999, as contained in

3 division A, section 101(g) of the Omnibus Consolidated and

4 Emergency Supplemental Appropriations Act, 1999 (Public

5 Law 105–277), is amended in title I under the heading

6 ‘‘Capital Investment Grants (Including Transfer of

7 Funds)’’ within the project description of project number

8 127, by inserting the words ‘‘and bus facilities’’ after the

9 word ‘‘replacements’’, and within the project description of

10 project number 261 by striking the words ‘‘Multimodal Cen11 ter’’ and inserting ‘‘buses and bus related facilities’’.

12 SEC. 4010. The Department of Transportation and Re13 lated Agencies Appropriations Act, 1999, as contained in

14 division A, section 101(g) of the Omnibus Consolidated and

15 Emergency Supplemental Appropriations Act, 1999 (Public

16 Law 105–277), is amended in title I under the heading

17 ‘‘Federal-Aid Highways (Limitation on Obligations)

18 (Highway Trust Fund)’’ by striking ‘‘not more than

19 $38,000,000 shall be available for the implementation and

20 execution of the Ferry Boat and Ferry Terminal Facility

21 Program’’, and inserting in lieu thereof, ‘‘not more than

22 $59,290,000 shall be available for the implementation and

23 execution of the Ferry Boat and Ferry Terminal Facility

24 Program’’.
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1 SEC. 4011. (a) AMERICAN FISHERIES ACT.—The

2 American Fisheries Act (title II of division C of Public Law

3 105–277) is amended—

4 (1) in section 202(b) by inserting a comma after

5 ‘‘United States Code’’;

6 (2) in section 207(d)(1)(A) by striking ‘‘Fishery

7 Conservation and Management’’;

8 (3) in section 208(b)(1) by striking ‘‘615085’’

9 and inserting ‘‘633219’’;

10 (4) in section 213(c)(1) by striking ‘‘title’’ and

11 inserting ‘‘subtitle’’; and

12 (5) in section 213(c)(2) by striking ‘‘title’’ and

13 inserting ‘‘subtitle’’.

14 (b) TITLE 46.—Section 12122(c) of title 46, United

15 States Code, is amended by inserting a comma after ‘‘state16 ment or representations’’.

17 SEC. 4012. Section 113 of the Department of Justice

18 Appropriations Act, 1999 (section 101(b) of division A of

19 Public Law 105–277) is amended by striking ‘‘section

20 102(2) of the Federally Recognized Indian Tribe List Act

21 of 1994 (25 U.S.C. 479a(2))’’ and inserting ‘‘section 4(b)

22 of the Indian Self-Determination and Education Assistance

23 Act (25 U.S.C. 450b(b))’’.
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1 SEC. 4013. DENALI COMMISSION. The Denali Commis2 sion Act of 1998 (title III of division C of Public Law 105–

3 277) is amended—

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

5 instances ‘‘Alaska Federation or Natives’’ and insert6 ing ‘‘Alaska Federation of Natives’’;

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

8 inserting ‘‘The Federal Cochairperson shall serve for

9 a term of four years and may be reappointed. All

10 other members’’;

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

12 sentence the following: ‘‘The Federal Cochairperson

13 shall be compensated at the annual rate prescribed for

14 level IV of the Executive Schedule under section 5315

15 of title 5, United States Code.’’;

16 (4) in section 306(c)(2) by striking ‘‘Chairman’’

17 and inserting ‘‘Federal Cochairperson’’;

18 (5) by inserting at the end of section 306 the fol19 lowing new subsections:

20 ‘‘(g) ADMINISTRATIVE EXPENSES AND RECORDS.—The

21 Commission is hereby prohibited from using more than 5

22 percent of the amounts appropriated under the authority

23 of this Act or transferred pursuant to section 329 of the

24 Department of Transportation and Related Agencies Ap25 propriations Act, 1999 (section 101(g) of division A of this
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1 Act) for administrative expenses. The Commission and its

2 grantees shall maintain accurate and complete records

3 which shall be available for audit and examination by the

4 Comptroller General of his or her designee.

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

6 Inspector General Act of 1978 (5 U.S.C. App. 3, section

7 8G(a)(2)) is amended by inserting ‘the Denali Commission,’

8 after ‘the Corporation for Public Broadcasting,’.’’; and

9 (6) in section 307(b) by inserting immediately

10 before ‘‘The Commission’’ the following: ‘‘Funds

11 transferred to the Commission pursuant to section

12 329 of the Department of Transportation and Related

13 Agencies Appropriations Act, 1999 (section 101(g) of

14 division A of this Act) shall be available without fur15 ther appropriation and until expended.’’.

16 SEC. 4014. Section 3347(b) of title 5, United States

17 Code, as added by the Federal Vacancies Reform Act of

18 1998, is amended by striking ‘‘provision to which subsection

19 (a)(2) applies’’ and inserting ‘‘provision to which sub20 section (a)(1) applies’’.

21 SEC. 4015. Of the amount appropriated under the

22 heading ‘‘ENVIRONMENTAL PROGRAMS AND MANAGEMENT’’

23 in title III of the Departments of Veterans Affairs and

24 Housing and Urban Development, and Independent Agen25 cies Appropriations Act, 1999 (Public Law 105–276),
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1 $1,300,000 shall be transferred to the ‘‘STATE AND TRIBAL

2 ASSISTANCE GRANTS’’ account for a grant for water and

3 wastewater infrastructure projects in the State of Idaho.

4 SEC. 4016. (a) Notwithstanding any other provision

5 of this Act, none of the amounts provided by this Act are

6 designated by Congress as an emergency requirement pursu7 ant to section 251(b)(2)(A) of the Balanced Budget and

8 Emergency Deficit Control Act of 1985.

9 (b) An additional amount of $2,250,000,000 is re10 scinded as provided in section 3002 of this Act.

11 SEC. 4017. Notwithstanding any other provision of

12 this Act, none of the amounts provided by this Act are des13 ignated by the Congress as an emergency requirement pur14 suant to section 251(b)(2)(A) of the Balanced Budget and

15 Emergency Deficit Control Act of 1985.

16 TITLE V—MISCELLANEOUS

17 SEC. 5001. (a) DISPOSAL AUTHORIZED.—Subject to

18 subsection (c), the President may dispose of the material

19 in the National Defense Stockpile specified in the table in

20 subsection (b).

21 (b) TABLE.—The total quantity of the material au22 thorized for disposal by the President under subsection (a)

23 is as follows:
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Authorized Stockpile Disposal

Material for disposal Quantity

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

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

2 President may not dispose of material under subsection (a)

3 to the extent that the disposal will result in—

4 (1) undue disruption of the usual markets of

5 producers, processors, and consumers of the material

6 proposed for disposal; or

7 (2) avoidable loss to the United States.

8 (d) RELATIONSHIP TO OTHER DISPOSAL AUTHOR9 ITY.—The disposal authority provided in subsection (a) is

10 new disposal authority and is in addition to, and shall not

11 affect, any other disposal authority provided by law regard12 ing the material specified in such subsection.

13 (e) NATIONAL DEFENSE STOCKPILE DEFINED.—In

14 this section, the term ‘‘National Defense Stockpile Trans15 action Fund’’ means the fund in the Treasury of the United

16 States established under section 9(a) of the Strategic and

17 Critical Materials Stock Piling Act (50 U.S.C. 98h(a)).

18 SEC. 5002. (a) AVAILABILITY OF SETTLEMENT

19 AMOUNT.—Notwithstanding any other provision of law, the

20 amount received by the United States in settlement of the

21 claims described in subsection (b) shall be available as spec22 ified in subsection (c).
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1 (b) COVERED CLAIMS.—The claims referred to in this

2 subsection are the claims of the United States against Hunt

3 Building Corporation and Ellsworth Housing Limited

4 Partnership relating to the design and construction of an

5 828-unit family housing project at Ellsworth Air Force

6 Base, South Dakota.

7 (c) SPECIFIED USES.—

8 (1) IN GENERAL.—Subject to paragraph (2), the

9 amount referred to in subsection (a) shall be available

10 as follows:

11 (A) Of the portion of such amount received

12 in fiscal year 1999—

13 (i) an amount equal to 3 percent of

14 such portion shall be credited to the Depart15 ment of Justice Working Capital Fund for

16 the civil debt collection litigation activities

17 of the Department with respect to the claims

18 referred to in subsection (b), as provided for

19 in section 108 of Public Law 103–121 (107

20 Stat. 1164; 28 U.S.C. 527 note); and

21 (ii) of the balance of such portion—

(I) an amount equal to 7 22 ⁄8 of such

23 balance shall be available to the Sec24 retary of Transportation for purposes

25 of construction of an access road on
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1 Interstate Route 90 at Box Elder,

2 South Dakota (item 1741 of the table

3 contained in section 1602 of the Trans4 portation Equity Act for the 21st Cen5 tury (Public Law 105–178; 112 Stat.

6 320)); and

(II) an amount equal to 1 7 ⁄8 of

8 such balance shall be available to the

9 Secretary of the Air Force for purposes

10 of real property and facility mainte11 nance projects at Ellsworth Air Force

12 Base.

13 (B) Of the portion of such amount received

14 in fiscal year 2000—

15 (i) an amount equal to 3 percent of

16 such portion shall be credited to the Depart17 ment of Justice Working Capital Fund in

18 accordance with subparagraph (A)(i); and

19 (ii) an amount equal to the balance of

20 such portion shall be available to the Sec21 retary of Transportation for purposes of

22 construction of the access road described in

23 subparagraph (A)(ii)(I).

24 (C) Of any portion of such amount received

25 in a fiscal year after fiscal year 2000—
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1 (i) an amount equal to 3 percent of

2 such portion shall be credited to the Depart3 ment of Justice Working Capital Fund in

4 accordance with subparagraph (A)(i); and

5 (ii) an amount equal to the balance of

6 such portion shall be available to the Sec7 retary of the Air Force for purposes of real

8 property and facility maintenance projects

9 at Ellsworth Air Force Base.

10 (2) LIMITATION ON AVAILABILITY OF FUNDS FOR

11 ACCESS ROAD.—

12 (A) LIMITATION.—The amounts referred to

13 in subparagraphs (A)(ii)(I) and (B)(ii) of para14 graph (1) shall be available as specified in such

15 subparagraphs only if, not later than September

16 30, 2000, the South Dakota Department of

17 Transportation enters into an agreement with

18 the Federal Highway Administration providing

19 for the construction of an interchange on Inter20 state Route 90 at Box Elder, South Dakota.

21 (B) ALTERNATIVE AVAILABILITY OF

22 FUNDS.—If the agreement described in subpara23 graph (A) is not entered into by the date referred

24 to in that subparagraph, the amounts described

25 in that subparagraph shall be available to the
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1 Secretary of the Air Force as of that date for

2 purposes of real property and facility mainte3 nance projects at Ellsworth Air Force Base.

4 (3) AVAILABILITY OF AMOUNTS.—

5 (A) ACCESS ROAD.—Amounts available

6 under this section for construction of the access

7 road described in paragraph (1)(A)(ii)(I) are in

8 addition to amounts available for the construc9 tion of that access road under any other provi10 sion of law.

11 (B) PROPERTY AND FACILITY MAINTENANCE

12 PROJECTS.—Notwithstanding any other provi13 sion of law, amounts available under this section

14 for property and facility maintenance projects at

15 Ellsworth Air Force Base shall remain available

16 for expenditure without fiscal year limitation.

17 This Act may be cited as the ‘‘Emergency Supple18 mental Appropriations Act for Fiscal Year 1999’’.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION H. R. 1141

AMENDMENT