In the Senate of the United States,
March 25, 1999.
Resolved, That the bill from the House of Representa-
tives (H.R. 1141) entitled ‘‘An Act making emergency sup-
plemental appropriations for the fiscal year ending September
30, 1999, and for other purposes.’’, do pass with the fol-
lowing
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1999, and for other pur-
poses, namely:
HR 1141 EAS
TITLE I—EMERGENCY SUPPLEMENTAL
APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND
SEASONAL FARMWORKERS
For emergency grants to assist low-income migrant
and seasonal farmworkers under section 2281 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (42
U.S.C. 5177a), $25,000,000: Provided, That the entire
amount shall be available only to the extent an official
budget request for $25,000,000, that includes designation of
the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided further, That the
entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of such
Act.
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES
For an additional amount to carry out the agricul-
tural marketing assistance program under the Agricultural
Marketing Act of 1946 (7 U.S.C. 1621 et seq.), $200,000,
HR 1141 EAS
and the rural business enterprise grant program under sec-
tion 310B(c) of the Consolidated Farm and Rural Develop-
ment Act (7 U.S.C. 1932(c)), $500,000: Provided, That the
entire amount shall be available only to the extent an offi-
cial budget request for $700,000, that includes designation
of the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by
the President to Congress: Provided further, That the entire
amount is designated by the Congress as an emergency re-
quirement under section 251(b)(2)(A) of such Act.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND
SUPPLY
(SECTION 32)
For an additional amount for the fund maintained for
funds made available under section 32 of the Act of August
24, 1935 (7 U.S.C. 612c), $150,000,000: Provided, That the
entire amount shall be available only to the extent an offi-
cial budget request for $150,000,000, that includes designa-
tion of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to Congress: Provided further, That
the entire amount is designated by the Congress as an emer-
gency requirement under section 251(b)(2)(A) of such Act.
HR 1141 EAS
insured loans, $41,300,000 to meet the needs resulting from
natural disasters; and for additional administrative ex-
penses to carry out the direct and guaranteed loan pro-
grams, $4,000,000: Provided, That the entire amounts are
designated by the Congress as emergency requirements pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
EMERGENCY CONSERVATION PROGRAM
For an additional amount for the ‘‘Emergency Con-
servation Program’’ for expenses resulting from natural dis-
asters, $30,000,000, to remain available until expended:
Provided, That the entire amount shall be available only
to the extent that an official budget request for $30,000,000,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of such Act.
COMMODITY CREDIT CORPORATION FUND
LIVESTOCK INDEMNITY PROGRAM
An amount of $3,000,000 is provided to implement a
livestock indemnity program as established in Public Law
105–18: Provided, That the entire amount shall be available
only to the extent an official budget request for $3,000,000,
HR 1141 EAS
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of such Act.
NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ‘‘Watershed and Flood
Prevention Operations’’ to repair damages to the waterways
and watersheds, including debris removal that would not
be authorized under the Emergency Watershed Program, re-
sulting from natural disasters, $100,000,000, to remain
available until expended: Provided, That the entire amount
shall be available only to the extent that an official budget
request for $100,000,000, that includes designation of the
entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of such Act.
RURAL COMMUNITY ADVANCEMENT PROGRAM
For an additional amount for the costs of direct loans
and grants of the rural utilities programs described in sec-
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tion 381E(d)(2) of the Consolidated Farm and Rural Devel-
opment Act (7 U.S.C. 2009f), as provided in 7 U.S.C.
1926(a) and 7 U.S.C. 1926C for distribution through the
national reserve, $30,000,000, of which $25,000,000 shall
be for grants under such program: Provided, That the entire
amount shall be available only to the extent an official
budget request for $30,000,000, that includes designation of
the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided further, That the
entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of such
Act.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
For additional gross obligations for the principal
amount of direct and guaranteed loans as authorized by
title V of the Housing Act of 1949, to be available from
funds in the rural housing insurance fund to meet needs
resulting from natural disasters, as follows: $10,000,000 for
loans to section 502 borrowers, as determined by the Sec-
retary; and $1,000,000 for section 504 housing repair loans.
For the additional cost of direct and guaranteed loans,
including the cost of modifying loans, as defined in section
HR 1141 EAS
502 of the Congressional Budget Act of 1974, to remain
available until expended, $1,534,000, as follows: section 502
loans, $1,182,000; and section 504 housing repair loans,
$352,000: Provided, That the entire amount shall be avail-
able only to the extent that an official budget request for
$1,534,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of such Act.
RURAL HOUSING ASSISTANCE GRANTS
For an additional amount for grants for very low-in-
come housing repair, as authorized by 42 U.S.C. 1474, to
meet needs resulting from natural disasters, $1,000,000:
Provided, That the entire amount shall be available only
to the extent that an official budget request for $1,000,000,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of such Act.
HR 1141 EAS
GENERAL PROVISIONS, THIS CHAPTER
SEC. 1101. The Secretary of Agriculture may waive
the limitation established under the second sentence of the
second paragraph of section 32 of the Act of August 24, 1935
(7 U.S.C. 612c), on the amount of funds that may be de-
voted during fiscal year 1999 to any 1 agricultural com-
modity or product thereof.
SEC. 1102. CROP LOSS ASSISTANCE. (a) IN GEN-
ERAL.—Section 1102 of the Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related Agen-
cies Appropriations Act, 1999 (section 101(a) of division
A of Public Law 105–277), is amended—
(1) in subsection (a), by inserting ‘‘(not later
than June 15, 1999)’’ after ‘‘made available’’; and
(2) in subsection (g)(1), by inserting ‘‘or private
crop insurance (including a rain and hail policy)’’
before the period at the end.
(b) DESIGNATION AS EMERGENCY REQUIREMENT.—
Such sums as are necessary to carry out the amendments
made by subsection (a): Provided, That such amount shall
be available only to the extent an official budget request,
that includes designation of the entire amount of the request
as an emergency requirement for purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress: Provided fur-
HR 1141 EAS
ther, That the entire amount is designated by the Congress
as an emergency requirement under section 251(b)(2)(A) of
such Act.
SEC. 1103. Notwithstanding section 11 of the Com-
modity Credit Corporation Charter Act (15 U.S.C. 714i),
an additional $28,000,000 shall be provided through the
Commodity Credit Corporation in fiscal year 1999 for tech-
nical assistance activities performed by any agency of the
Department of Agriculture in carrying out any conserva-
tion or environmental program funded by the Commodity
Credit Corporation: Provided, That the entire amount shall
be available only to the extent an official budget request
for $28,000,000, that includes designation of the entire
amount of the request as an emergency requirement as de-
fined in the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended, is transmitted by the Presi-
dent to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of such Act.
SEC. 1104. Notwithstanding any other provision of
law, monies available under section 763 of the Agriculture,
Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999, shall be pro-
vided by the Secretary of the Agriculture directly to any
State determined by the Secretary of Agriculture to have
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been materially affected by the commercial fishery failure
or failures declared by the Secretary of Commerce in Sep-
tember, 1998 under section 312(a) of the Magnuson-Stevens
Fishery Conservation and Management Act. Such State
shall disburse the funds to individuals with family incomes
below the Federal poverty level who have been adversely af-
fected by the commercial fishery failure or failures: Pro-
vided, That the entire amount shall be available only to
the extent an official budget request for such amount, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by
the Congress as an emergency requirement under section
251(b)(2)(A) of such Act.
SEC. 1105. (a) For an additional amount for the Live-
stock Assistance Program under Public Law 105–277,
$70,000,000: Provided, That the entire amount shall be
available only to the extent an official budget request for
$70,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is des-
HR 1141 EAS
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of such Act.
(b) An additional amount of $250,000,000 is rescinded
as provided in section 3002 of this Act.
SEC. 1106. CROP INSURANCE OPTIONS
FOR PRO-
DUCERS WHO APPLIED FOR CROP REVENUE COVERAGE
PLUS. (a) ELIGIBLE PRODUCERS.—This section applies
with respect to a producer eligible for insurance under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) who
applied for the supplemental crop insurance endorsement
known as Crop Revenue Coverage PLUS (referred to in this
section as ‘‘CRCPLUS’’) for the 1999 crop year for a spring
planted agricultural commodity.
(b) ADDITIONAL PERIOD FOR OBTAINING OR TRANS-
FERRING COVERAGE.—Notwithstanding the sales closing
date for obtaining crop insurance coverage established
under section 508(f)(2) of the Federal Crop Insurance Act
(7 U.S.C. 1508(f)(2)) and notwithstanding any other provi-
sion of law, the Federal Crop Insurance Corporation shall
provide a 14-day period beginning on the date of enactment
of this Act, but not to extend beyond April 12, 1999, during
which a producer described in subsection (a) may—
(1) with respect to a federally reinsured policy,
obtain from any approved insurance provider a level
of coverage for the agricultural commodity for which
HR 1141 EAS
the producer applied for the CRCPLUS endorsement
that is equivalent to or less than the level of federally
reinsured coverage that the producer applied for from
the insurance provider that offered the CRCPLUS en-
dorsement; and
(2) transfer to any approved insurance provider
any federally reinsured coverage provided for other
agricultural commodities of the producer by the same
insurance provider that offered the CRCPLUS en-
dorsement, as determined by the Corporation.
CHAPTER 2
FUNDS APPROPRIATED TO THE PRESIDENT
AGENCY FOR INTERNATIONAL DEVELOPMENT
CENTRAL AMERICA AND THE CARIBBEAN EMERGENCY
DISASTER RECOVERY FUND
(INCLUDING TRANSFERS OF FUNDS)
Notwithstanding section 10 of Public Law 91–672, for
necessary expenses to address the effects of hurricanes in
Central America and the Caribbean and the earthquake in
Colombia, $611,000,000, to remain available until Sep-
tember 30, 2000: Provided, That the funds appropriated
under this heading shall be subject to the provisions of chap-
ter 4 of part II of the Foreign Assistance Act of 1961, as
amended, and, except for section 558, the provisions of title
V of the Foreign Operations, Export Financing, and Re-
lated Programs Act, 1999 (as contained in division A, sec-
HR 1141 EAS
tion 101(d) of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (Public Law 105–
277)): Provided further, That such assistance may be made
available notwithstanding such provisions of law regulating
the making, performance, amendment, or modification of
contracts as the Administrator of the United States Agency
for International Development (USAID) may specify: Pro-
vided further, That at least five days prior to any use of
the authority in the preceding proviso the Administrator
of USAID shall report in writing to the Committees on Ap-
propriations of his intent to exercise such authority: Pro-
vided further, That up to $6,000,000 of the funds appro-
priated by this paragraph may be transferred to ‘‘Oper-
ating Expenses of the Agency for International Develop-
ment’’, to remain available until September 30, 2000, to
be used for administrative costs of USAID in addressing
the effects of those hurricanes, of which up to $1,000,000
may be used to contract directly for the personal services
of individuals in the United States: Provided further, That
of the funds made available under this heading, not less
than $2,000,000 should be made available to support the
clearance of landmines and other unexploded ordnance in
Nicaragua and Honduras: Provided further, That, of the
amount 
appropriated 
under 
this 
heading, 
up 
to
$10,000,000 may be made available to establish and sup-
HR 1141 EAS
port a scholarship fund for qualified low-to-middle income
students to attend Zamorano Agricultural University in
Honduras: Provided further, That up to $1,500,000 of the
funds appropriated by this heading may be transferred to
‘‘Operating Expenses of the Agency for International Devel-
opment, Office of Inspector General’’, to remain available
until expended, to be used for costs of audits, inspections,
and other activities associated with the expenditure of funds
appropriated by this heading: Provided further, That
$500,000 of the funds appropriated by this heading shall
be made available to the Comptroller General for purposes
of monitoring the provision of assistance using funds ap-
propriated by this heading: Provided further, That any
funds appropriated by this heading that are made available
for nonproject assistance shall be obligated and expended
subject to the regular notification procedures of the Commit-
tees on Appropriations and to the notification procedures
relating to the reprogramming of funds under section 634A
of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1):
Provided further, That funds appropriated under this head-
ing shall be obligated and expended subject to the regular
notification procedures of the Committees on Appropria-
tions: Provided further, That the entire amount shall be
available only to the extent that an official budget request
for $611,000,000, that includes designation of the entire
HR 1141 EAS
amount of the request as an emergency requirement as de-
fined in the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended, is transmitted by the Presi-
dent to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the Agency for Inter-
national Development should undertake efforts to promote
reforestation, with careful attention to the choice, place-
ment, and management of species of trees consistent with
watershed management objectives designed to minimize fu-
ture storm damage, and to promote energy conservation
through the use of renewable energy and energy-efficient
services and technologies: Provided further, That reforest-
ation and energy initiatives under this heading should be
integrated with other sustainable development efforts: Pro-
vided further, That of the funds made available under this
heading, up to $10,000,000 may be used to build permanent
single family housing for those who are homeless as a result
of the effects of hurricanes in Central America and the Car-
ibbean.
INTERNATIONAL DISASTER ASSISTANCE
Notwithstanding section 10 of Public Law 91–672, for
an additional amount for ‘‘International Disaster Assist-
ance’’ for necessary expenses for international disaster re-
HR 1141 EAS
lief, rehabilitation, and reconstruction assistance, pursuant
to section 491 of the Foreign Assistance Act of 1961, as
amended, $35,000,000, to remain available until expended:
Provided, That the entire amount shall be available only
to the extent that an official budget request for $35,000,000,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
For necessary expenses to enable the President to carry
out chapter 4 of part II of the Foreign Assistance Act of
1961, as amended, in addition to amounts otherwise avail-
able for such purposes: to provide assistance to Jordan,
$50,000,000, to remain available until September 30, 2001:
Provided, That the entire amount made available for fiscal
year 1999 herein is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
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MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
FOREIGN MILITARY FINANCING PROGRAM
For necessary expenses for grants to enable the Presi-
dent to carry out section 23 of the Arms Export Control
Act, in addition to amounts otherwise available for such
purposes, $50,000,000, to become available upon enactment
of this Act and to remain available until September 30,
2001, which shall be for grants only for Jordan: Provided,
That funds appropriated under this heading shall be non-
repayable, notwithstanding section 23(b) and section 23(c)
of the Arms Export Control Act: Provided further, That the
entire amount made available for fiscal year 1999 herein
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
DEPARTMENT OF THE TREASURY
DEBT RESTRUCTURING
Notwithstanding section 10 of Public Law 91–672, for
an 
additional 
amount 
for 
‘‘Debt 
Restructuring’’,
$41,000,000, to remain available until expended and subject
to the terms and conditions under the same heading in the
Foreign Operations, Export Financing, and Related Pro-
grams Appropriations Act, 1999, as included in Public
Law 105–277, section 101(d): Provided, That up to
HR 1141 EAS
$25,000,000 may be used for a contribution to the Central
America Emergency Trust Fund, administered by the
International Bank for Reconstruction and Development:
Provided further, That such funds shall be subject to the
regular notification procedures of the Committees on Appro-
priations: Provided further, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISION, THIS CHAPTER
SEC. 1201. The value of articles, services, and military
education and training authorized as of November 15, 1998,
to be drawn down by the President under the authority of
section 506(a)(2) of the Foreign Assistance Act of 1961, as
amended, shall not be counted against the ceiling limitation
of that section.
CHAPTER 3
DEPARTMENT OF THE INTERIOR
UNITED STATES FISH AND WILDLIFE SERVICE
CONSTRUCTION
For an additional amount for ‘‘Construction’’,
$12,612,000, to remain available until expended, to repair
damage due to rain, winds, ice, snow, and other acts of
nature, and to replace and repair power generation equip-
ment: Provided, That the entire amount is designated by
HR 1141 EAS
the Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That the amount provided shall be available only to the ex-
tent that an official budget request that includes designation
of the entire amount as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress.
OTHER RELATED AGENCY
UNITED STATES HOLOCAUST MEMORIAL COUNCIL
HOLOCAUST MEMORIAL COUNCIL
For an additional amount for ‘‘Holocaust Memorial
Council’’, $2,000,000, to remain available until expended,
for the Holocaust Museum to address security needs: Pro-
vided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further,
That the amount provided shall be available only to the ex-
tent that an official budget request that includes designation
of the entire amount as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress.
HR 1141 EAS
CHAPTER 4
INDEPENDENT AGENCY
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER ASSISTANCE FOR UNMET NEEDS
For 
‘‘Disaster 
Assistance 
for 
Unmet 
Needs’’,
$313,600,000, which shall remain available until September
30, 2001, for use by the Director of the Federal Emergency
Management Agency (Director) only for disaster relief,
buyout assistance, long-term recovery, and mitigation in
communities affected by Presidentially-declared natural
disasters designated during fiscal years 1998 and 1999,
only to the extent those activities are not reimbursable by
or for which funds are not made available by the Federal
Emergency Management Agency (under its ‘‘Disaster Re-
lief’’ program), the Small Business Administration, or the
Army Corps of Engineers: Provided, That in administering
these funds the Director shall allocate these funds to States
to be administered by each State in conjunction with its
Federal Emergency Management Agency Disaster Relief
program: Provided further, That each State shall provide
not less than 25 percent in non-Federal public matching
funds or its equivalent value (other than administrative
costs) for any funds allocated to the State under this head-
ing: Provided further, That the Director shall allocate these
funds based on the unmet needs arising from a Presi-
HR 1141 EAS
dentially-declared disaster as identified by the Director as
those which have not or will not be addressed by other Fed-
eral disaster assistance programs and for which it is deemed
appropriate to supplement the efforts and available re-
sources of States, local governments and disaster relief orga-
nizations: Provided further, That the Director shall estab-
lish review groups within FEMA to review each request by
a State of its unmet needs and certify as to the actual costs
associated with the unmet needs as well as the commitment
and ability of each state to provide its match requirement:
Provided further, That the Director shall implement all
mitigation and buyout efforts in a manner consistent with
the requirements of section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided
further, That the Director shall publish a notice in the Fed-
eral Register governing the allocation and use of the funds
under this heading, including provisions for ensuring the
compliance of the states with the requirements of this pro-
gram: Provided further, That 10 days prior to distribution
of funds, the Director shall submit a list to the House and
Senate Committees on Appropriations, setting forth the pro-
posed uses of funds and the most recent estimates of unmet
needs: Provided further, That the Director shall submit
quarterly reports to the Committees regarding the actual
projects and needs for which funds have been provided
HR 1141 EAS
(6) a strong steel industry is necessary to the
adequate defense preparedness of the United States in
order to have sufficient steel available to build the
ships, tanks, planes, and armaments necessary for the
national defense.
(c) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘Board’’ means the Loan Guarantee
Board established under subsection (e);
(2) the term ‘‘Program’’ means the Emergency
Steel Guaranteed Loan Program established under
subsection (d); and
(3) the term ‘‘qualified steel company’’ means
any company that—
(A) is incorporated under the laws of any
State;
(B) is engaged in the production and man-
ufacture of a product defined by the American
Iron and Steel Institute as a basic steel mill
product, including ingots, slab and billets, plates,
flat-rolled steel, sections and structural products,
bars, rail type products, pipe and tube, and wire
rod; and
(C) has experienced layoffs, production
losses, or financial losses since the beginning of
the steel import crisis, after January 1, 1998.
HR 1141 EAS
(d) ESTABLISHMENT OF EMERGENCY STEEL GUARAN-
TEED LOAN PROGRAM.—There is established the Emergency
Steel Guaranteed Loan Program, to be administered by the
Board, the purpose of which is to provide loan guarantees
to qualified steel companies in accordance with this section.
(e) LOAN GUARANTEE BOARD MEMBERSHIP.—There
is established a Loan Guarantee Board, which shall be com-
posed of—
(1) the Secretary of Commerce, who shall serve
as Chairman of the Board;
(2) the Secretary of Labor; and
(3) the Secretary of the Treasury.
(f) LOAN GUARANTEE PROGRAM.—
(1) AUTHORITY.—The Program may guarantee
loans provided to qualified steel companies by private
banking and investment institutions in accordance
with the procedures, rules, and regulations established
by the Board.
(2) TOTAL
GUARANTEE
LIMIT.—The aggregate
amount of loans guaranteed and outstanding at any
one time under this section may not exceed
$1,000,000,000.
(3) INDIVIDUAL GUARANTEE LIMIT.—The aggre-
gate amount of loans guaranteed under this section
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with respect to a single qualified steel company may
not exceed $250,000,000.
(4) MINIMUM GUARANTEE AMOUNT.—No single
loan in an amount that is less than $25,000,000 may
be guaranteed under this section.
(5) TIMELINES.—The Board shall approve or
deny each application for a guarantee under this sec-
tion as soon as possible after receipt of such applica-
tion.
(6) ADDITIONAL COSTS.—For the additional cost
of the loans guaranteed under this subsection, includ-
ing the costs of modifying the loans as defined in sec-
tion 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a), there is appropriated $140,000,000 to
remain available until expended.
(g) REQUIREMENTS FOR LOAN GUARANTEES.—A loan
guarantee may be issued under this section upon applica-
tion to the Board by a qualified steel company pursuant
to an agreement to provide a loan to that qualified steel
company by a private bank or investment company, if the
Board determines that—
(1) credit is not otherwise available to that com-
pany under reasonable terms or conditions sufficient
to meet its financing needs, as reflected in the finan-
cial and business plans of that company;
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(2) the prospective earning power of that com-
pany, together with the character and value of the se-
curity pledged, furnish reasonable assurance of repay-
ment of the loan to be guaranteed in accordance with
its terms;
(3) the loan to be guaranteed bears interest at a
rate determined by the Board to be reasonable, taking
into account the current average yield on outstanding
obligations of the United States with remaining peri-
ods of maturity comparable to the maturity of such
loan; and
(4) the company has agreed to an audit by the
General Accounting Office, prior to the issuance of the
loan guarantee and annually while any such guaran-
teed loan is outstanding.
(h) TERMS
AND CONDITIONS
OF LOAN GUARAN-
TEES.—
(1) LOAN
DURATION.—All loans guaranteed
under this section shall be payable in full not later
than December 31, 2005, and the terms and condi-
tions of each such loan shall provide that the loan
may not be amended, or any provision thereof
waived, without the consent of the Board.
(2) LOAN SECURITY.—Any commitment to issue
a loan guarantee under this section shall contain such
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affirmative and negative covenants and other protec-
tive provisions that the Board determines are appro-
priate. The Board shall require security for the loans
to be guaranteed under this section at the time at
which the commitment is made.
(3) FEES.—A qualified steel company receiving
a guarantee under this section shall pay a fee in an
amount equal to 0.5 percent of the outstanding prin-
cipal balance of the guaranteed loan to the Depart-
ment of the Treasury.
(i) REPORTS TO CONGRESS.—The Secretary of Com-
merce shall submit to the Congress annually, a full report
of the activities of the Board under this section during fiscal
years 1999 and 2000, and annually thereafter, during such
period as any loan guaranteed under this section is out-
standing.
(j) SALARIES AND ADMINISTRATIVE EXPENSES.—For
necessary expenses to administer the Program, $5,000,000
is appropriated to the Department of Commerce, to remain
available until expended, which may be transferred to the
Office of the Assistant Secretary for Trade Development of
the International Trade Administration.
(k) TERMINATION OF GUARANTEE AUTHORITY.—The
authority of the Board to make commitments to guarantee
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any loan under this section shall terminate on December
31, 2001.
(l) REGULATORY ACTION.—The Board shall issue such
final procedures, rules, and regulations as may be necessary
to carry out this section not later than 60 days after the
date of enactment of this Act.
(m) EMERGENCY DESIGNATION.—The entire amount
made available to carry out this section—
(1) is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(A)); and
(2) shall be available only to the extent that an
official budget request that includes designation of the
entire amount of the request as an emergency require-
ment (as defined in the Balanced Budget and Emer-
gency Deficit Control Act of 1985) is transmitted by
the President to the Congress.
SEC. 1402. PETROLEUM DEVELOPMENT MANAGEMENT.
(a) SHORT TITLE.—This section may be cited as the
‘‘Emergency Oil and Gas Guaranteed Loan Program Act’’.
(b) FINDINGS.—Congress finds that—
(1) consumption of foreign oil in the United
States is estimated to equal 56 percent of all oil con-
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sumed, and that percentage could reach 68 percent by
2010 if current prices prevail;
(2) the number of oil and gas rigs operating in
the United States is at its lowest since 1944, when
records of this tally began;
(3) if prices do not increase soon, the United
States could lose at least half its marginal wells,
which in aggregate produce as much oil as the United
States imports from Saudi Arabia;
(4) oil and gas prices are unlikely to increase for
at least several years;
(5) declining production, well abandonment, and
greatly reduced exploration and development are
shrinking the domestic oil and gas industry;
(6) the world’s richest oil producing regions in
the Middle East are experiencing increasingly greater
political instability;
(7) United Nations policy may make Iraq the
swing oil producing nation, thereby granting Saddam
Hussein tremendous power;
(8) reliance on foreign oil for more than 60 per-
cent of our daily oil and gas consumption is a na-
tional security threat;
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(9) the level of United States oil security is di-
rectly related to the level of domestic production of oil,
natural gas liquids, and natural gas; and
(10) a national security policy should be devel-
oped that ensures that adequate supplies of oil are
available at all times free of the threat of embargo or
other foreign hostile acts.
(c) DEFINITIONS.—In this section:
(1) BOARD.—The term ‘‘Board’’ means the Loan
Guarantee Board established by subsection (e).
(2) PROGRAM.—The term ‘‘Program’’ means the
Emergency Oil and Gas Guaranteed Loan Program
established by subsection (d).
(3) QUALIFIED
OIL
AND
GAS
COMPANY.—The
term ‘‘qualified oil and gas company’’ means a com-
pany that—
(A) is incorporated under the laws of any
State;
(B) is—
(i) an independent oil and gas com-
pany (within the meaning of section
57(a)(2)(B)(i) of the Internal Revenue Code
of 1986); or
(ii) a small business concern under sec-
tion 3 of the Small Business Act (15 U.S.C.
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632) that is an oil field service company
whose main business is providing tools,
products, personnel, and technical solutions
on a contractual basis to exploration and
production operators who drill, complete,
produce, transport, refine and sell hydro-
carbons and their byproducts as their main
commercial business; and
(C) has experienced layoffs, production
losses, or financial losses since the beginning of
the oil import crisis, after January 1, 1997.
(d) EMERGENCY OIL AND GAS GUARANTEED LOAN
PROGRAM.—
(1) IN GENERAL.—There is established the Emer-
gency Oil and Gas Guaranteed Loan Program, the
purpose of which shall be to provide loan guarantees
to qualified oil and gas companies in accordance with
this section.
(2) LOAN GUARANTEE BOARD.—There is estab-
lished to administer the Program a Loan Guarantee
Board, to be composed of—
(A) the Secretary of Commerce, who shall
serve as Chairperson of the Board;
(B) the Secretary of Labor; and
(C) the Secretary of the Treasury.
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(e) AUTHORITY.—
(1) IN GENERAL.—The Program may guarantee
loans provided to qualified oil and gas companies by
private banking and investment institutions in ac-
cordance with procedures, rules, and regulations es-
tablished by the Board.
(2) TOTAL
GUARANTEE
LIMIT.—The aggregate
amount of loans guaranteed and outstanding at any
one time under this section shall not exceed
$500,000,000.
(3) INDIVIDUAL GUARANTEE LIMIT.—The aggre-
gate amount of loans guaranteed under this section
with respect to a single qualified oil and gas company
shall not exceed $10,000,000.
(4) MINIMUM GUARANTEE AMOUNT.—No single
loan in an amount that is less than $250,000 may be
guaranteed under this section.
(5) EXPEDITIOUS ACTION ON APPLICATIONS.—
The Board shall approve or deny an application for
a guarantee under this section as soon as practicable
after receipt of an application.
(f) REQUIREMENTS
FOR LOAN GUARANTEES.—The
Board may issue a loan guarantee on application by a
qualified oil and gas company under an agreement by a
private bank or investment company to provide a loan to
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the qualified oil and gas company, if the Board determines
that—
(1) credit is not otherwise available to the com-
pany under reasonable terms or conditions sufficient
to meet its financing needs, as reflected in the finan-
cial and business plans of the company;
(2) the prospective earning power of the com-
pany, together with the character and value of the se-
curity pledged, provide a reasonable assurance of re-
payment of the loan to be guaranteed in accordance
with its terms;
(3) the loan to be guaranteed bears interest at a
rate determined by the Board to be reasonable, taking
into account the current average yield on outstanding
obligations of the United States with remaining peri-
ods of maturity comparable to the maturity of the
loan; and
(4) the company has agreed to an audit by the
General Accounting Office before issuance of the loan
guarantee and annually while the guaranteed loan is
outstanding.
(g) TERMS AND CONDITIONS OF LOAN GUARANTEES.—
(1) LOAN
DURATION.—All loans guaranteed
under this section shall be repayable in full not later
than December 31, 2010, and the terms and condi-
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tions of each such loan shall provide that the loan
agreement may not be amended, or any provision of
the loan agreement waived, without the consent of the
Board.
(2) LOAN SECURITY.—A commitment to issue a
loan guarantee under this section shall contain such
affirmative and negative covenants and other protec-
tive provisions as the Board determines are appro-
priate. The Board shall require security for the loans
to be guaranteed under this section at the time at
which the commitment is made.
(3) FEES.—A qualified oil and gas company re-
ceiving a loan guarantee under this section shall pay
a fee in an amount equal to 0.5 percent of the out-
standing principal balance of the guaranteed loan to
the Department of the Treasury.
(h) REPORTS.—During fiscal year 1999 and each fis-
cal year thereafter until each guaranteed loan has been re-
paid in full, the Secretary of Commerce shall submit to the
Congress a report on the activities of the Board.
(i) SALARIES AND ADMINISTRATIVE EXPENSES.—For
necessary expenses to administer the Program, $2,500,000
is appropriated to the Department of Commerce, to remain
available until expended, which may be transferred to the
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Office of the Assistant Secretary for Trade Development of
the International Trade Administration.
(j) TERMINATION OF GUARANTEE AUTHORITY.—The
authority of the Board to make commitments to guarantee
any loan under this section shall terminate on December
31, 2001.
(k) REGULATORY ACTION.—Not later than 60 days
after the date of enactment of this Act, the Board shall issue
such final procedures, rules, and regulations as are nec-
essary to carry out this section.
(l) EMERGENCY DESIGNATION.—The entire amount
made available to carry out this section—
(1) is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(A)); and
(2) shall be available only to the extent that the
President submits to the Congress a budget request
that includes designation of the entire amount of the
request as an emergency requirement.
SEC. 1403. DEDUCTION FOR OIL AND GAS PRODUC-
TION. (a) DEDUCTION.—Subject to the limitations in sub-
section (c), the Secretary of the Interior shall allow lessees
operating one or more qualifying wells on public land to
deduct from the amount of royalty otherwise payable to the
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Secretary on production from a qualifying well, the amount
of expenditures made by such lessees after April 1, 1999
to—
(1) increase oil or gas production from existing
wells on public land;
(2) drill new oil or gas wells on existing leases
on public land; or
(3) explore for oil or gas on public land.
(b) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘lessee’’ means any person to whom
the United States issues a lease for oil and gas explo-
ration, production, or development on public land, or
any person to whom operating rights in such lease
have been assigned;
(2) the term ‘‘public land’’ has the same mean-
ing given such term in section 103(e) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1702(e)); and
(3) the term ‘‘qualifying well’’ means any well
for the production of natural gas, crude oil, or both
that is on public land and—
(A) has production that is treated as mar-
ginal production under section 631A(c)(6) of the
Internal Revenue Code of 1986; or
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(B) has been classified as a qualifying well
by the Secretary of the Interior for purposes of
maximizing the benefits of this section.
(c) SUNSET.—The Secretary of the Interior shall not
allow a deduction under this section after—
(1) September 30, 2000;
(2) the thirtieth consecutive day on which the
price for West Texas Intermediate crude oil on the
New York Mercantile Exchange closes above $18 per
barrel; or
(3) lessees have deducted a total of $123,000,000
under this section—
whichever occurs first.
(d) ADMINISTRATIVE COSTS.—For necessary expenses
of the Department of the Interior under this section,
$2,000,000 is appropriated to the Secretary of the Interior,
to remain available until expended.
(e) EMERGENCY DESIGNATION.—The entire amount
made available to carry out this section—
(1) shall be available only to the extent an offi-
cial budget request for $125,000,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985,
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as amended, is transmitted by the President to the
Congress; and
(2) is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of
such Act.
(f) ADDITIONAL AMOUNT.—An additional amount of
$125,000,000 is rescinded as provided in section 3002 of
this Act.
TITLE II—SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF JUSTICE
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
ENFORCEMENT AND BORDER AFFAIRS
For an additional amount for ‘‘Salaries and Expenses,
Enforcement and Border Affairs’’ to support increased de-
tention requirements for criminal and illegal aliens,
$80,000,000, which shall remain available until September
30, 2000.
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
For the necessary expenses of additional research,
management, and enforcement activities in the Northeast
Multispecies fishery, and for the acquisition of shoreline
data for nautical charts, $3,880,000, to remain available
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until expended: Provided, That from unobligated balances
in this account available under the heading ‘‘CLIMATE AND
GLOBAL CHANGE RESEARCH’’, $2,000,000 shall be made
available for regional applications programs at the Univer-
sity of Northern Iowa consistent with the direction in the
report to accompany Public Law 105–277.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW
ENFORCEMENT
For an additional amount for ‘‘International Nar-
cotics Control and Law Enforcement’’, $23,000,000, for
additional counterdrug research and development activi-
ties: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985: Provided further, That such
amount shall be available only to the extent an official
budget request that includes designation of the entire
amount of the request as an emergency requirement as de-
fined in such Act is transmitted by the President to the
Congress.
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THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses,’’ $921,000, to remain available until expended.
CHAPTER 2
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
RESERVE PERSONNEL, ARMY
For an additional amount for ‘‘Reserve Personnel,
Army’’, $2,900,000.
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Per-
sonnel, Army’’, $7,300,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For an additional amount for ‘‘National Guard Per-
sonnel, Air Force’’, $1,000,000.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Mainte-
nance, Army’’, $50,000,000.
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Mainte-
nance, Navy’’, $16,000,000.
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OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Mainte-
nance, Air Force’’, $8,000,000.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Operation and Mainte-
nance, Defense-Wide’’, $21,000,000, of which $20,000,000 is
available only for the CINC initiative fund.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For an additional amount for ‘‘Operation and Mainte-
nance, Army National Guard’’, $20,000,000.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
For an additional amount for ‘‘Overseas Humani-
tarian, Disaster, and Civic Aid’’, $37,500,000.
NEW HORIZONS EXERCISE TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)
For emergency expenses incurred by United States
military forces to participate in the New Horizons Exercise
programs to undertake relief, rehabilitation, and restora-
tion operations and training activities in response to disas-
ters within the United States Southern Command area of
responsibility; $46,000,000, to remain available for transfer
until September 30, 1999: Provided, That the Secretary of
Defense may transfer these funds to operation and mainte-
nance accounts: Provided further, That the funds trans-
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ferred shall be merged with and shall be available for the
same purposes and for the same time period, as the appro-
priation to which transferred: Provided further, That the
transfer authority provided in this paragraph is in addi-
tion to any other transfer authority contained in Public
Law 105–262.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 2201. Of the amounts appropriated or otherwise
made available in the Department of Defense Appropria-
tions Act, 1999 (Public Law 105–262) for ‘‘Operation and
maintenance, defense-wide’’, up to $8,000,000 may be made
available for the award of a grant to a consortium of non-
profit, higher education institutions for the purpose of cre-
ating a computer network among such institutions to en-
hance teaching and learning opportunities in science, tech-
nology and communications.
SEC. 2202. (a) UNITED STATES MILITARY ACAD-
EMY.—Section 4344(b)(3) of title 10, United States Code,
is amended by striking ‘‘five persons’’ and inserting ‘‘10
persons’’.
(b) UNITED
STATES
NAVAL
ACADEMY.—Section
6957(b)(3) of such title is amended by striking ‘‘five per-
sons’’ and inserting ‘‘10 persons’’.
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(c) UNITED STATES AIR FORCE ACADEMY.—Section
9344(b)(3) of such title is amended by striking ‘‘five per-
sons’’ and inserting ‘‘10 persons’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to students from a foreign
country entering the United States Military Academy, the
United States Naval Academy, or the United States Air
Force Academy on or after May 1, 1999.
SEC. 2203. (a) AUTHORITY TO MAKE PAYMENTS.—
Subject to the provisions of this section, the Secretary of
Defense is authorized to make payments for the settlement
of the claims arising from the deaths caused by the accident
involving a United States Marine Corps EA–6B aircraft
on February 3, 1998, near Cavalese, Italy.
(b) DEADLINE FOR EXERCISE OF AUTHORITY.—The
Secretary shall make the decision to exercise the authority
in subsection (a) not later than 90 days after the date of
enactment of this Act.
(c) SOURCE
OF PAYMENTS.—Notwithstanding any
other provision of law, of the amounts appropriated or oth-
erwise made available for the Department of the Navy for
operation and maintenance for fiscal year 1999 or other
unexpended balances from prior years, the Secretary shall
make available $40,000,000 only for emergency and ex-
HR 1141 EAS
traordinary expenses associated with the settlement of the
claims arising from the accident described in subsection (a).
(d) AMOUNT OF PAYMENT.—The amount of the pay-
ment under this section in settlement of the claims arising
from the death of any person associated with the accident
described in subsection (a) may not exceed $2,000,000.
(e) TREATMENT OF PAYMENTS.—Any amount paid to
a person under this section is intended to supplement any
amount subsequently determined to be payable to the person
under section 127 or chapter 163 of title 10, United States
Code, or any other provision of law for administrative set-
tlement of claims against the United States with respect
to damages arising from the accident described in sub-
section (a).
(f) CONSTRUCTION.—The payment of an amount
under this section may not be considered to constitute a
statement of legal liability on the part of the United States
or otherwise as evidence of any material fact in any judicial
proceeding or investigation arising from the accident de-
scribed in subsection (a).
SEC. 2204. Notwithstanding any other provision of
law, a military technician (dual status) (as defined in sec-
tion 10216 of title 10, United States Code) performing ac-
tive duty without pay while on leave from technician em-
ployment under section 6323(d) of title 5, United States
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Code, may, in the discretion of the Secretary concerned, be
authorized a per diem allowance under this title, in lieu
of commutation for subsistence and quarters as described
in section 1002(b) of title 37, United States Code.
SEC. 2205. OPERATIONAL SUPPORT AIRCRAFT MULTI-
YEAR LEASING DEMONSTRATION PROJECT. (a) AUTHORITY
TO LEASE.—Effective on or after October 1, 1999, the Sec-
retary of the Air Force may obtain transportation for oper-
ational support purposes, including transportation for com-
batant Commanders in Chief, by lease of aircraft, on such
terms and conditions as the Secretary may deem appro-
priate, consistent with this section, through an operating
lease consistent with OMB Circular A–11.
(b) MAXIMUM
LEASE
TERM
FOR
MULTI-YEAR
LEASE.—The term of any lease into which the Secretary
enters under this section shall not exceed ten years from
the date on which the lease takes effect.
(c) COMMERCIAL TERMS.—The Secretary may include
terms and conditions in any lease into which the Secretary
enters under this section that are customary in the leasing
of aircraft by a nongovernmental lessor to a nongovern-
mental lessee.
(d) TERMINATION PAYMENTS.—The Secretary may, in
connection with any lease into which the Secretary enters
under this section, to the extent the Secretary deems appro-
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strued to impair or otherwise affect, the authority of the
Secretary to procure transportation or enter into leases
under a provision of law other than this section.
CHAPTER 3
DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
(TRANSFER OF FUNDS)
For an additional amount for ‘‘Operation of Indian
Programs’’, $1,136,000, to remain available until expended
for suppression of western spruce budworm: Provided, That
such funds shall be derived by transfer of funds provided
in previous appropriations acts under the heading ‘‘Forest
Service, Wildland Fire Management’’.
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
Of the funds provided under this heading in prior Ap-
propriations Acts for the Automated Land and Mineral
Record System, $1,000,000 shall be available until expended
to meet increased workload requirements stemming from the
anticipated higher volume of Applications for Permits to
Drill in the Powder River Basin: Provided, That unless
there is an agreement in place between the coal mining op-
erator and the gas producer, the funds made available here-
in shall not be used to approve Applications for Permits
to Drill for well sites that are located within an area cov-
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ered by: (1) an existing coal lease, or (2) an existing coal
mining permit, or (3) an existing Lease by Application for
a coal mining lease, or (4) a future Lease by Application
for an area adjacent to and within one mile of an area
covered by (1), (2), or (3) above. Nothing in this paragraph
shall be construed or operate as a restriction on current re-
sources appropriated to the Department of the Interior.
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN
INDIANS
FEDERAL TRUST PROGRAMS
For an additional amount for ‘‘Federal Trust Pro-
grams’’, $6,800,000, to remain available until expended for
activities pursuant to the Trust Management Improvement
Project High Level Implementation Plan.
BUREAU OF RECLAMATION
WATER AND RELATED RESOURCES
For an additional amount for ‘‘Water and Related Re-
sources’’ for emergency repairs to the Headgate Rock Hy-
droelectric Project, $5,000,000 is appropriated pursuant to
the Snyder Act (25 U.S.C.), to be expended by the Bureau
of Reclamation, to remain available until expended.
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DEPARTMENT OF AGRICULTURE
FOREST SERVICE
WILDLAND FIRE MANAGEMENT
Of the funds made available under this heading for
fire operations in previous Acts of Appropriation (exclusive
of amounts for hazardous fuels reduction), $100,000,000
shall be transferred to the Knutson-Vandenberg fund estab-
lished pursuant to section 3 of Public Law 71–319 (16
U.S.C. 576 et. seq.) within 10 days of passage of this Act.
CHAPTER 4
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For an additional amount for ‘‘general departmental
management’’, $1,400,000, to reduce the backlog of pending
nursing home appeals before the Departmental Appeals
Board.
RELATED AGENCY
CORPORATION FOR PUBLIC BROADCASTING
For an additional amount for the Corporation for
Public Broadcasting, to remain available until expended,
$18,000,000: Provided, That such funds be made available
to National Public Radio, as the designated manager of the
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Public Radio Satellite System, for acquisition of satellite
capacity.
CHAPTER 5
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For an additional amount for ‘‘Military Construction,
Army National Guard’’ to cover the incremental costs aris-
ing 
from 
the 
consequences 
of 
Hurricane 
Georges,
$14,500,000, as authorized by 10 U.S.C. 2854, to remain
available until September 30, 2003.
CHAPTER 6
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANTS
(INCLUDING TRANSFER OF FUNDS)
Of amounts appropriated for fiscal year 1999 for sala-
ries and expenses under the Salaries and Expenses account
in title II of Public Law 105–276, $3,400,000 shall be
transferred to the Community Development Block Grants
account in title II of Public Law 105–276 for grants for
service coordinators and congregate services for the elderly
and disabled: Provided, That in distributing such amount,
the Secretary of Housing and Urban Development shall give
priority to public housing agencies that submitted eligible
applications for renewal of fiscal year 1995 elderly service
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coordinator grants pursuant to the Notice of Funding
Availability for Service Coordinator Funds for Fiscal Year
1998, as published in the Federal Register on June 1, 1998.
MANAGEMENT AND ADMINISTRATION
OFFICE OF INSPECTOR GENERAL
Under this heading in Public Law 105–276, add the
words, ‘‘to remain available until September 30, 2000,’’
after ‘‘$81,910,000,’’.
CHAPTER 7
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
CONSTRUCTION, GENERAL
For an additional amount for ‘‘Construction, Gen-
eral’’, $500,000 shall be available for technical assistance
related to shoreline erosion at Lake Tahoe, Nevada caused
by high lake levels pursuant to section 219 of the Water
Resources Development Act of 1992.
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CHAPTER 8
EXECUTIVE OFFICE OF THE PRESIDENT AND
FUNDS APPROPRIATED TO THE PRESIDENT
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of National Drug
Control Policy’s High Intensity Drug Trafficking Areas
Program, an additional $750,000 is appropriated for drug
control activities which shall be used specifically to expand
the Southwest Border High Intensity Drug Trafficking
Area for the State of New Mexico to include Rio Arriba
County, Santa Fe County, and San Juan County, New
Mexico, which are hereby designated as part of the South-
west Border High Intensity Drug Trafficking Area for the
State of New Mexico, and an additional $500,000 is appro-
priated for national efforts related to methamphetamine re-
duction efforts.
CHAPTER 9
DEPARTMENT OF STATE RELATED AGENCY
UNITED STATES COMMISSION ON INTERNATIONAL
RELIGIOUS FREEDOM
For necessary expenses for the United States Commis-
sion on International Religious Freedom, as authorized by
title II of the International Religious Freedom Act of 1998
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(Public Law 105–292), $3,000,000, to remain available
until expended: Provided, That the amount of the rescission
under chapter 2 of title III of this Act under the heading
‘‘CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS’’ is
hereby increased by $3,000,000.
GENERAL PROVISIONS, THIS TITLE
SEC. 2301. The Department of the Interior and Re-
lated Agencies Appropriations Act, 1999 (as contained in
division A, section 101(e) of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public
Law 105–277)) is amended under the heading ‘‘Forest Serv-
ice, Reconstruction and Construction’’ by inserting before
the final period the following: ‘‘: Provided further, That not-
withstanding any other provision of law, funds appro-
priated for Forest Service construction of a new forestry
research facility at Auburn University, Auburn, Alabama,
shall be available for a direct payment to Auburn Univer-
sity for this purpose, but no more than $4,000,000 shall
be available for such payment prior to October 1, 1999: Pro-
vided further, That if within the life of the facility the
USDA Forest Service needs additional space for collabo-
rative laboratory activities on the Auburn University cam-
pus, Auburn University shall provide such laboratory space
within the new facility constructed with these funds, free
of any charge for rent’’.
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SEC. 2302. None of the funds made available under
this or any other Act may be used by the Secretary of the
Interior to issue and finalize the rule to revise 43 C.F.R.
Part 3809, published on February 9, 1999 at 64 Fed. Reg.
6421 or the Draft Environmental Impact Statement on
Surface Management Regulations for Locatable Mineral
Operations, published in February, 1999, unless the Sec-
retary has provided a period of not less than 120 days for
accepting public comment on the proposed rule after the re-
port of the National Academy of Sciences’ Committee on
Hardrock Mining on Federal Lands, authorized and re-
quired by the Department of the Interior and Related Agen-
cies Appropriations Act, 1999 (as contained in division A,
section 101(e) of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (Public Law 105–
277)) is submitted to the appropriate federal agencies, the
Congress, and the Governors of the affected states in accord-
ance with the requirements of that Act.
SEC. 2303. CIVIL LIBERTIES PUBLIC EDUCATION
FUND. Notwithstanding any other provision of law and in
addition to any funds appropriated for this purpose, the
Attorney General may transfer from any funds available
to the Department of Justice not more than $4,300,000 to
the Fund established under the Civil Liberties Act of 1988
(50 U.S.C. App. 1989b et seq.) for the purpose of paying
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restitution to individuals (1) who are eligible for restitution
under such Act and have filed timely claims for the restitu-
tion, or (2) who are found eligible under the settlement
agreement in the case of Carmen Mochizuki et al. vs. United
States (Case No. 97–294C, United States Court of Federal
Claims) and filed timely claims covered by the agreement.
SEC. 2304. Division A, section 101(a), title XI, section
1122(c) is amended by inserting after ‘‘basis’’ ‘‘: Provided,
That no administrative costs shall be charged against this
program which would have been incurred otherwise’’.
SEC. 2305. None of the funds in this or any other Act
shall be used to issue a notice of final rulemaking with re-
spect to the valuation of crude oil for royalty purposes, in-
cluding a rulemaking derived from proposed rules published
in 63 Federal Register 6113 (1998), 62 Federal Register
36030, and 62 Federal Register 3742 (1997) until October
1, 1999, or until there is a negotiated agreement on the
rule.
SEC. 2306. Of the $2,200,000 appropriated in Public
Law 105–276 in accordance with H.R. Conference Report
No. 105–769 to meet sewer infrastructure needs associated
with the 2002 Winter Olympic Games shall be awarded to
Wasatch County, UT, for both water and sewer.
SEC. 2307. For the remainder of fiscal year 1999, no
funds may be used by the Department of the Interior to
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implement Secretarial Order 3208, issued January 5, 1999,
regarding the ‘‘Reorganization of the Office of the Special
Trustee for American Indians’’. Fiscal year 1999 funds ap-
propriated for purposes of reforming trust funds manage-
ment practices shall continue to be administered as if the
Order had not been issued.
SEC. 2308. EXTENSION OF AIRPORT IMPROVEMENT
PROGRAM. (a) AUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 48103 of title 49, United States Code, as amended by
section 110(b)(1) of title I of division C of the Omnibus
Consolidated and Emergency Supplemental Appropriations
Act, 1999 (Public Law 105–277), is amended by striking
‘‘$1,205,000,000’’ and all that follows through ‘‘October 1,
1998’’and inserting ‘‘$1,607,000,000 for the 8-month period
beginning October 1, 1998.’’.
(b) OBLIGATIONAL AUTHORITY.—Section 47104(c) of
title 49, United States Code, as amended by section
110(b)(2) of title I of division C of the Omnibus Consoli-
dated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105–277), is amended by striking
‘‘March 31, 1999’’ and inserting ‘‘May 31, 1999’’.
(c) LIQUIDATION OF CONTRACT AUTHORIZATION.—
The Department of Transportation and Related Agencies
Appropriations Act, 1999, as enacted in section 101(g) of
Public Law 105–277, is amended as follows: Under the
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heading ‘‘Grants-in-Aid for Airports, (Liquidation of Con-
tract Authorization), (Airport and Airway Trust Fund)’’,
delete the last proviso, and insert the following in lieu there-
of: ‘‘: Provided further, That not more than $1,300,000,000
of funds limited under this heading may be obligated before
the enactment of a bill extending contract authorization for
the Grants-in-Aid for airports program beyond May 31,
1999.’’.
SEC. 2309. (a) Section (a) of section 149, division C
of Pubic Law 105–277 is amended by striking ‘‘April 1,
1999’’ and inserting in lieu thereof ‘‘September 30, 1999’’.
(b) Section (b) of section 149, division C of Public Law
105–277 is amended by striking ‘‘April 1, 1999’’ each time
it appears and inserting in lieu thereof ‘‘September 30,
1999’’.
SEC. 2310. (a) Section 339(b)(3) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1989(b)(3) is
amended—
(1) by striking the comma and the remainder of
paragraph (3) following the comma; and
(2) by inserting a period after ‘‘(1)’’.
(b) Section 353(c)(3)(C) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2001(c)(3)(C)) is amend-
ed by striking ‘‘100 percent’’ and inserting ‘‘110 percent’’.
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SEC. 2311. PROHIBITION ON TREATING ANY FUNDS
RECOVERED FROM TOBACCO COMPANIES AS AN OVERPAY-
MENT FOR PURPOSES OF MEDICAID. (a) AMENDMENT TO
SOCIAL SECURITY ACT.—Section 1903(d)(3) of the Social
Security Act (42 U.S.C. 1396b(d)(3)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and
(2) by adding at the end the following:
‘‘(B)(i) Subparagraph (A) and paragraph (2)(B)
shall not apply to any amount recovered or paid to
a State as part of the comprehensive settlement of No-
vember 1998 between manufacturers of tobacco prod-
ucts, as defined in section 5702(d) of the Internal
Revenue Code of 1986, and State Attorneys General,
or as part of any individual State settlement or judg-
ment reached in litigation initiated or pursued by a
State against one or more such manufacturers.
‘‘(ii) Except as provided in subsection (i)(19), a
State may use amounts recovered or paid to the State
as part of a comprehensive or individual settlement,
or a judgment, described in clause (i) for any expend-
itures determined appropriate by the State.’’.
(b) PROHIBITION ON PAYMENT FOR ADMINISTRATIVE
EXPENSES INCURRED
IN PURSUING TOBACCO LITIGA-
TION.—Section 1903(i) of the Social Security Act (42
U.S.C. 1396b(i)) is amended—
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(1) in paragraph (18), by striking the period
and inserting ‘‘; or’’; and
(2) by inserting after paragraph (18) the fol-
lowing new paragraph:
‘‘(19) with respect to any amount expended on
administrative costs to initiate or pursue litigation
described in subsection (d)(3)(B).’’.
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply to amounts paid
to a State prior to, on, or after the date of enactment of
this Act.
SEC. 2312. EXTENSION OF AVIATION INSURANCE PRO-
GRAM. Section 44310 of title 49, United States Code, is
amended by striking ‘‘March 31, 1999.’’ and inserting
‘‘May 31, 1999.’’.
SEC. 2313. TITLE 49 RECODIFICATION CORRECTION.
Effective December 31, 1998, section 4(k) of the Act of July
5, 1994 (Public Law 103–272, 108 Stat. 1370), as amended
by section 7(a)(3)(D) of the Act of October 31, 1994 (Public
Law 103–429, 108 Stat. 4329), is repealed.
SEC. 2314. Notwithstanding any other provision of
law, the taking of a Cook Inlet beluga whale under the ex-
emption provided in section 101(b) of the Marine Mammal
Protection Act (16 U.S.C. 1371(a)) between the date of the
enactment of this Act and October 1, 2000 shall be consid-
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ered a violation of such Act unless such taking occurs pursu-
ant to a cooperative agreement between the National Marine
Fisheries Service and Cook Inlet Marine Mammal Council.
SEC. 2315. Funds provided in the Department of Com-
merce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 1999 (Public Law 105–277, divi-
sion A, section 101(b)) for the construction of correctional
facility in Barrow, Alaska shall be made available to the
North Slope Borough.
SEC. 2316. LIABILITY
OF CERTAIN NATURAL GAS
PRODUCERS. The Natural Gas Policy Act of 1978 (15
U.S.C. 3301 et seq.) is amended by adding at the end the
following:
‘‘SEC. 603. LIABILITY OF CERTAIN NATURAL GAS PRO-
DUCERS.
‘‘If the Commission orders any refund of any rate or
charge made, demanded, or received for reimbursement of
State ad valorem taxes in connection with the sale of nat-
ural gas before 1989, the refund shall be ordered to be made
without interest or penalty of any kind.’’.
SEC. 2317. Section 328 of the Department of the Inte-
rior and Related Agencies Appropriations Act, 1999 (Public
Law 105–277, division A, section 1(e), title III) is amended
by striking ‘‘none of the funds in this Act’’ and inserting
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‘‘none of the funds provided in this Act to the Indian Health
Service or Bureau of Indian Affairs’’.
SEC. 2318. (a) LOAN DEFICIENCY PAYMENTS
FOR
CLUB WHEAT PRODUCERS.—In making loan deficiency
payments available under section 135 of the Agricultural
Market Transition Act (7 U.S.C. 7235) to producers of club
wheat, the Secretary of Agriculture may not assess a pre-
mium adjustment on the amount that would otherwise be
computed for club wheat under the section to reflect the pre-
mium that is paid for club wheat to ensure its availability
to create a blended specialty product known as western
white wheat.
(b) RETROACTIVE APPLICATION.—As soon as prac-
ticable after the date of the enactment of this Act, the Sec-
retary of Agriculture shall make a payment to each pro-
ducer of club wheat that received a discounted loan defi-
ciency payment under section 135 of the Agricultural Mar-
ket Transition Act (7 U.S.C. 7235) before that date as a
result of the assessment of a premium adjustment against
club wheat. The amount of the payment for a producer shall
be equal to the difference between—
(1) the loan deficiency payment that would have
been made to the producer in the absence of the pre-
mium adjustment; and
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(2) the loan deficiency payment actually received
by the producer.
(c) FUNDING SOURCE.—The Secretary shall use funds
available to provide marketing assistance loans and loan
deficiency payments under subtitle C of the Agricultural
Market Transition Act (7 U.S.C. 7231 et seq.) to make the
payments required by subsection (b).
SEC. 2319. GLACIER BAY. (a) DUNGENESS CRAB
FISHERMEN.—Section 123(b) of the Department of the Inte-
rior and Related Agencies Appropriations Act, 1999 (sec-
tion 101(e) of division A of Public Law 105–277) is
amended—
(1) in paragraph (1)—
(A) by striking ‘‘February 1, 1999’’ and in-
serting ‘‘June 1, 1999’’; and
(B) by striking ‘‘1996’’ and inserting
‘‘1998’’; and
(2) by striking ‘‘the period January 1, 1999,
through December 31, 2004, based on the individual’s
net earnings from the Dungeness crab fishery during
the period January 1, 1991, through December 31,
1996’’ and inserting ‘‘for the period beginning Janu-
ary 1, 1999 that is equivalent in length to the period
established by such individual under paragraph (1),
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based on the individual’s net earnings from the Dun-
geness crab fishery during such established period’’.
(b) OTHERS AFFECTED BY FISHERY CLOSURES AND
RESTRICTIONS.—Section 123 of the Department of the Inte-
rior and Related Agencies Appropriations Act, 1999 (sec-
tion 101(e) of division A of Public Law 105–277), as
amended, is amended further by redesignating subsection
(c) as subsection (d) and inserting immediately after sub-
section (b) the following new subsection:
‘‘(c) OTHERS AFFECTED BY FISHERY CLOSURES AND
RESTRICTIONS.—The Secretary of the Interior is authorized
to provide such funds as are necessary for a program devel-
oped with the concurrence of the State of Alaska to fairly
compensate United States fish processors, fishing vessel crew
members, communities, and others negatively affected by re-
strictions on fishing in Glacier Bay National Park. For the
purpose of receiving compensation under the program re-
quired by this subsection, a potential recipient shall provide
a sworn and notarized affidavit to establish the extent of
such negative effect.’’.
(c) IMPLEMENTATION.—Section 123 of the Department
of the Interior and Related Agencies Appropriations Act,
1999 (section 101(e) of division A of Public Law 105–277),
as amended, is amended further by inserting at the end the
following new subsection:
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‘‘(e) IMPLEMENTATION AND EFFECTIVE DATE.—The
Secretary of the Interior shall publish an interim final rule
for the federal implementation of subsection (a) and shall
provide an opportunity for public comment on such interim
final rule. The effective date of the prohibitions in para-
graphs (2) through (5) of section (a) shall be 60 days after
the publication in the Federal Register of a final rule for
the federal implementation of subsection (a). In the event
that any individual eligible for compensation under sub-
section (b) has not received full compensation by June 15,
1999, the Secretary shall provide partial compensation on
such date to such individual and shall expeditiously provide
full compensation thereafter.’’.
(d) Of the funds provided under the heading ‘‘National
Park Service, Construction’’ in Public Law 105–277,
$3,000,000 shall not be available for obligation until Octo-
ber 1, 1999.
SEC. 2320. WHITE RIVER SCHOOL DISTRICT #47–1.
From any unobligated funds that are available to the Sec-
retary of Education to carry out section 306(a)(1) of the
Department of Education Appropriations Act, 1996, the
Secretary shall provide not more than $239,000, under such
terms and conditions as the Secretary determines appro-
priate, to the White River School District #47–1, White
River, South Dakota, to be used to repair damage caused
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by water infiltration at the White River High School, which
shall remain available until expended.
SEC. 2321. (a) The treatment provided to firefighters
under section 628(f) of the Treasury and General Govern-
ment Appropriations Act, 1999 (as included in section
101(h) of division A of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public
Law 105–277)) shall be provided to any firefighter who—
(1) on the effective date of section 5545b of title
5, United States Code—
(A) was subject to such section; and
(B) had a regular tour of duty that aver-
aged more than 60 hours per week; and
(2) before December 31, 1999, is involuntarily
moved without a break in service from the regular
tour of duty under paragraph (1) to a regular tour
of duty that—
(A) averages 60 hours or less per week; and
(B) does not include a basic 40-hour work-
week.
(b) Subsection (a) shall apply to firefighters described
under that subsection as of the effective date of section 5545b
of title 5, United States Code.
(c) The Office of Personnel Management may prescribe
regulations necessary to implement this section.
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SEC. 2322. SENSE OF THE SENATE: EXPRESSING THE
SENSE OF THE SENATE THAT A PENDING SALE OF WHEAT
AND OTHER AGRICULTURAL COMMODITIES TO IRAN BE AP-
PROVED. (a) The Senate finds:
(1) That an export license is pending for the sale
of United States wheat and other agricultural com-
modities to the nation of Iran.
(2) That this sale of agricultural commodities
would increase United States agricultural exports by
about $500,000,000, at a time when agricultural ex-
ports have fallen dramatically.
(3) That sanctions on food are counterproductive
to the interest of United States farmers and to the
people who would be fed by these agricultural exports.
(b) Now therefore, it is the sense of the Senate that
the pending license for this sale of United States wheat and
other agricultural commodities to Iran be approved by the
administration.
SEC. 2323. PROHIBITION. (a) Notwithstanding any
other provision of law, prior to eight months after Congress
receives the report of the National Gambling Impact Study
Commission, the Secretary of the Interior shall not—
(1) promulgate as final regulations, or in any
way implement, the proposed regulations published on
January 22, 1998, at 63 Fed. Reg. 3289; or
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(2) issue a notice of proposed rulemaking for, or
promulgate, or in any way implement, any similar
regulations to provide for procedures for gaming ac-
tivities under the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.), in any case in which a State as-
serts a defense of sovereign immunity to a lawsuit
brought by an Indian tribe in a Federal court under
section 11(d)(7) of that Act (25 U.S.C. 2710(d)(7)) to
compel the State to participate in compact negotia-
tions for class III gaming (as that term is defined in
section 4(8) of that Act (25 U.S.C. 2703(8))).
(3) approve class III gaming on Indian lands by
any means other than a Tribal-State compact entered
into between a State and a tribe.
(b) DEFINITIONS.—
(1) The terms ‘‘class III gaming’’, ‘‘Secretary’’,
‘‘Indian lands’’, and ‘‘Tribal-State compact’’ shall
have the same meaning for the purposes of this section
as those terms have under the Indian Gaming Regu-
latory Act (25 U.S.C. 2701 et seq.).
(2) The ‘‘report of the National Gambling Im-
pact Study Commission’’ is the report described in
section 4(b) of Public Law 104–169 (18 U.S.C. sec.
1955 note).
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SEC. 2324. FINDINGS AND SENSE OF SENATE RE-
GARDING
SEQUENTIAL
BILLING
POLICY
FOR
HOME
HEALTH PAYMENTS UNDER THE MEDICARE PROGRAM. (a)
FINDINGS.—The Senate finds the following:
(1) Section 4611 of the Balanced Budget Act of
1997 included a provision that transfers financial re-
sponsibility for certain home health visits under the
medicare program under title XVIII of the Social Se-
curity Act (42 U.S.C. 1395 et seq.) from part A to
part B of such program.
(2) The sole intent of the transfer described in
paragraph (1) was to extend the solvency of the Fed-
eral Hospital Insurance Trust Fund under section
1817 of such Act (42 U.S.C. 1395i).
(3) The transfer described in paragraph (1) was
supposed to be ‘‘seamless’’ so as not to disrupt the
provision of home health services under the medicare
program.
(4) The Health Care Financing Administration
has imposed a sequential billing policy that prohibits
home health agencies under the medicare program
from submitting claims for reimbursement for home
health services provided to a beneficiary unless all
claims for reimbursement for home health services
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that were previously provided to such beneficiary have
been completely resolved.
(5) The Health Care Financing Administration
has also expanded medical reviews of claims for reim-
bursement submitted by home health agencies, result-
ing in a significant slowdown nationwide in the proc-
essing of such claims.
(6) The sequential billing policy described in
paragraph (4), coupled with the slowdown in claims
processing described in paragraph (5), has substan-
tially increased the cash flow problems of home health
agencies because payments are often delayed by at
least 3 months.
(7) The vast majority of home health agencies
under the medicare program are small businesses that
cannot operate with significant cash flow problems.
(8) There are many other elements under the
medicare program relating to home health agencies,
such as the interim payment system under section
1861(v)(1)(L) of such Act (42 U.S.C. 1395x(v)(1)(L)),
that are creating financial problems for home health
agencies, thereby forcing more than 2,200 home health
agencies nationwide to close since the date of enact-
ment of the Balanced Budget Act of 1997.
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(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Health Care Financing Administration
should—
(1) evaluate and monitor the use of the sequen-
tial billing policy (as described in subsection (a)(4))
in making payments to home health agencies under
the medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.);
(2) ensure that—
(A) contract fiscal intermediaries under the
medicare program are timely in their random
medical review of claims for reimbursement sub-
mitted by home health agencies; and
(B) such intermediaries adhere to Health
Care Financing Administration instructions
that limit the number of claims for reimburse-
ment held for such review for any particular
home health agency to no more than 10 percent
of the total number of claims submitted by the
agency; and
(3) ensure that such intermediaries are consid-
ering and implementing constructive alternatives,
such as expedited reviews of claims for reimburse-
ment, for home health agencies with no history of bill-
HR 1141 EAS
ing problems who have cash flow problems due to ran-
dom medical reviews and sequential billing.
SEC. 2325. A payment of $800,000 from the total
amount of $1,000,000 for construction of the Pike’s Peak
Summit House, as specified in Conference Report 105–337,
accompanying the Department of the Interior and Related
Agencies Appropriations Act for fiscal year 1998, Public
Law 105–83, and payments of $2,000,000 for the Borough
of Ketchikan to participate in a study of the feasibility and
dynamics of manufacturing veneer products in Southeast
Alaska and $200,000 for construction of the Pike’s Peak
Summit House, as specified in Conference Report 105–825
accompanying the Department of the Interior and Related
Agencies Appropriations Act for fiscal year 1999 (as con-
tained in division A, section 101(e) of the Omnibus Consoli-
dated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105–277)), shall be paid in lump sum
and shall be considered direct payments, for the purposes
of all applicable law except that these direct grants may
not be used for lobbying activities.
SEC. 2326. Section 617 of the Department of Com-
merce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 1999 (as added by section 101(b)
of division A of the Omnibus Consolidated and Emergency
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Supplemental Appropriations Act, 1999 (Public Law 105–
277)) is amended—
(1) by striking subsection (a) and inserting in
lieu thereof the following:
‘‘(a) None of the funds made available in this Act or
any other Act hereafter enacted may be used to issue or
renew a fishing permit or authorization for any fishing ves-
sel of the United States greater than 165 feet in registered
length, of more than 750 gross registered tons, or that has
an engine or engines capable of producing a total of more
than 3,000 shaft horsepower as specified in the permit ap-
plication required under part 648.4(a)(5) of title 50, Code
of Federal Regulations, part 648.12 of title 50, Code of Fed-
eral Regulations, and the authorization required under part
648.80(d)(2) of title 50, Code of Federal Regulations, to en-
gage in fishing for Atlantic mackerel or herring (or both)
under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), unless the re-
gional fishery management council of jurisdiction rec-
ommends after October 21, 1998, and the Secretary of Com-
merce approves, conservation and management measures in
accordance with such Act to allow such vessel to engage in
fishing for Atlantic mackerel or herring (or both).’’; and
(2) in subsection (b), by striking ‘‘subsection
(a)(1)’’ and inserting ‘‘subsection (a)’’.
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SEC. 2327. The Corps of Engineers is directed to repro-
gram $800,000 of the funds made available to that agency
in fiscal year 1999 for the operation of the Pick-Sloan
project to perform the preliminary work needed to transfer
Federal lands to the tribes and State of South Dakota, and
to provide the Lower Brule Sioux Tribe and Cheyenne
River Sioux Tribe with funds to begin protecting invaluable
Indian cultural sites, under the Cheyenne River Sioux
Tribe, Lower Brule Sioux Tribe, and State of South Dakota
Terrestrial Wildlife Habitat Restoration Act.
SEC. 2328. GLACIER BAY. No funds may be expended
by the Secretary of the Interior to implement closures or
other restrictions of subsistence or commercial fishing or
subsistence gathering in Glacier Bay National Park, except
the closure of Dungeness crab fisheries under section 123(b)
of the Department of the Interior and Related Agencies Ap-
propriations Act, 1999 (section 101(e) of division A of Pub-
lic Law 105–277), until such time as the State of Alaska’s
legal claim to ownership and jurisdiction over submerged
lands and tidelands in the affected area has been resolved
either by a final determination by the judiciary or by a
settlement between the parties to the lawsuit.
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TITLE III—RESCISSIONS AND OFFSETS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
FOOD AND NUTRITION SERVICE
FOOD STAMP PROGRAM
(RESCISSION)
Of the amounts made available under this heading in
division A, section 101(a), title IV of Public Law 105–277,
$521,000,000 are rescinded.
FARM SERVICE AGENCY
EMERGENCY CONSERVATION FUND
Of the amount made available under the heading
‘‘EMERGENCY CONSERVATION PROGRAM’’ in chapter 1 of
title II of the 1998 Supplemental Appropriations and Re-
scissions Act (Public Law 105–174; 112 Stat. 68), $700,000
are rescinded.
CHAPTER 2
DEPARTMENT OF JUSTICE
OFFICE OF INSPECTOR GENERAL
(RESCISSION)
Of the unobligated balances available under this head-
ing, $5,000,000 are rescinded.
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IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
ENFORCEMENT AND BORDER AFFAIRS
(RESCISSION)
Of the unobligated balances available under this head-
ing, excluding funds appropriated for equipment and facili-
ties, $40,000,000 are rescinded.
CITIZENSHIP AND BENEFITS, IMMIGRATION SUPPORT AND
PROGRAM DIRECTION
(RESCISSION)
Of the unobligated balances available under this head-
ing, excluding funds appropriated for equipment and facili-
ties, $25,000,000 are rescinded.
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH AND FACILITIES
(RESCISSION)
Of the unobligated balances available under this head-
ing, $1,000,000 are rescinded.
PROCUREMENT, ACQUISITION, AND CONSTRUCTION
Of the unobligated balances available under this head-
ing, $2,000,000 are rescinded.
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DEPARTMENT OF STATE AND RELATED
AGENCIES
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
(RESCISSION)
Of the unobligated balances available under this head-
ing, 
excluding 
funds 
appropriated 
for 
arrearages,
$22,000,000 are rescinded.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING
ACTIVITIES
(RESCISSION)
Of the unobligated balances available under this head-
ing, 
excluding 
funds 
appropriated 
for 
arrearages,
$21,000,000 are rescinded.
INTERNATIONAL BROADCASTING OPERATIONS
(RESCISSION)
Of the unobligated balances available under this head-
ing, $1,000,000 are rescinded.
CHAPTER 3
DEPARTMENT OF DEFENSE—MILITARY
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(RESCISSION)
Of the funds provided in Public Law 105–262, the fol-
lowing funds are hereby rescinded as of the date of enact-
ment of this Act from the following account: Under the
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heading, ‘‘Operation and Maintenance, Defense-Wide’’,
$217,700,000.
CHAPTER 4
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
OTHER BILATERAL ASSISTANCE
ECONOMIC SUPPORT FUND
(RESCISSION)
Of the funds made available for Haiti under this head-
ing in Public Law 105–118 and in the Omnibus Consoli-
dated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105–277), $10,000,000 are rescinded.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC
STATES
(RESCISSION)
Of the funds made available for Bosnia and
Herzegovina under this heading in Public Law 105–118
and in the Omnibus Consolidated and Emergency Supple-
mental Appropriations Act, 1999 (Public Law 105–277),
$10,000,000 are rescinded.
ASSISTANCE FOR THE NEW INDEPENDENT STATES OF THE
FORMER SOVIET UNION
(RESCISSION)
Of the funds made available for Russia under this
heading in Public Law 103–306, Public Law 105–118 and
in the Omnibus Consolidated and Emergency Supplemental
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Appropriations 
Act, 
1999 
(Public 
Law 
105–277),
$10,000,000 are rescinded.
MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
CONTRIBUTION TO THE INTERNATIONAL BANK FOR
RECONSTRUCTION AND DEVELOPMENT
GLOBAL ENVIRONMENT FACILITY
(RESCISSION)
Of the funds made available under this heading in the
Omnibus Consolidated and Emergency Supplemental Ap-
propriations Act, 1999 (Public Law 105–277), $60,000,000
are rescinded.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
(RESCISSION)
Of the funds made available under this heading in the
Omnibus Consolidated and Emergency Supplemental Ap-
propriations Act, 1999 (Public Law 105–277), $10,000,000
are rescinded.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
(RESCISSION)
Of the amounts appropriated under this heading in
previous appropriations acts, $6,800,000 are rescinded.
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CHAPTER 6
DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
Under this heading in section 101(f) of Public Law
105–277, 
delete 
‘‘$3,132,076,000’’ 
and 
insert
‘‘$3,114,676,000’’; and delete ‘‘$180,933,000’’ and insert
‘‘$163,533,000’’.
DEPARTMENT OF EDUCATION
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT
(RESCISSION)
Of the funds made available under this heading in sec-
tion 101(f) of Public Law 105–277, $8,000,000 are re-
scinded.
CHAPTER 7
DEPARTMENT OF DEFENSE
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART IV
(RESCISSION)
Of the funds made available under this heading in
Public Law 105–237, $14,500,000 are rescinded.
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CHAPTER 8
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
PUBLIC AND INDIAN HOUSING
HOUSING CERTIFICATE FUND
(DEFERRAL)
Of the funds made available under this heading in
Public Law 105–276 for use in connection with expiring
or terminating section 8 contracts, $350,000,000 shall not
become available until October 1, 1999.
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANTS
(RESCISSION)
Of the unobligated balances available under this head-
ing in the 1998 Supplemental Appropriations and Rescis-
sions Act (Public Law 105–174), $63,600,000 are rescinded.
Of the unobligated balances available under this head-
ing in division B, of the Omnibus Consolidated and Emer-
gency Supplemental Appropriations, 1999 (Public Law
105–277), $250,000,000 are rescinded.
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INDEPENDENT AGENCY
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE AND TECHNOLOGY
(RESCISSION)
Of the funds made available in Public Law 105–277,
$10,000,000 for research associated with the Climate
Change Technology Initiative are rescinded.
CHAPTER 9
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
CONSTRUCTION, GENERAL
(RESCISSION)
Of the amounts made available under this heading in
Public Law 105–245 for the Lackawanna River, Scranton,
Pennsylvania, $5,500,000 are rescinded.
CHAPTER 10
EXECUTIVE OFFICE OF THE PRESIDENT AND
FUNDS APPROPRIATED TO THE PRESIDENT
FEDERAL DRUG CONTROL PROGRAMS
SPECIAL FORFEITURE FUND
(RESCISSION)
Of the funds made available under this heading in di-
vision A of the Omnibus Consolidated and Emergency Sup-
plemental Appropriations, 1999 (Public Law 105–277)
$1,250,000 are rescinded.
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GENERAL PROVISIONS, THIS TITLE
SEC. 3001. (a) Division B, title V, chapter 1 of the
Omnibus Consolidated and Emergency Supplemental Ap-
propriations Act, 1999 (Public Law 105–277) is repealed.
(b) Section 832(a) of the Western Hemisphere Drug
Elimination Act (Public Law 105–277) is amended—
(1) in the first sentence—
(A) by striking ‘‘Secretary of Agriculture’’
and inserting ‘‘Secretary of State’’; and
(B) by striking ‘‘the Agricultural Research
Service of the Department of Agriculture’’ and
inserting ‘‘the Department of State’’;
(2) in paragraph (5), by inserting ‘‘(without re-
gard to any requirement in law relating to public no-
tice or competition)’’ after ‘‘to contract’’; and
(3) by adding at the end the following:
‘‘Any record related to a contract entered into, or to an
activity funded, under this subsection shall be exempted
from disclosure as described in section 552(b)(3) of title 5,
United States Code.’’.
SEC. 3002. Of the funds appropriated with an emer-
gency designation in division B of Public Law 105–277,
other than those appropriated to the Department of De-
fense—Military, $343,000,000 are rescinded: Provided,
That these reductions shall be applied proportionally to
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each appropriation account and budget activity being re-
duced by this section: Provided further, That within 30
days of enactment of this Act, the Director of the Office of
Management and Budget shall submit to the Committees
on Appropriations a listing of the amounts by account of
the reductions made pursuant to this section.
SEC. 3003. Of the funds appropriated or otherwise
made available for fiscal year 1999 for the non-defense dis-
cretionary category, $100,000,000 are rescinded as a result
of revised economic assumptions from inflation adjusted ac-
counts: Provided, That within 30 days of enactment of this
Act, the Director of the Office of Management and Budget
shall submit to the Committees on Appropriations a listing
of the amounts by account of the reductions made pursuant
to this section.
SEC. 3004. GAO AND INSPECTOR GENERAL AUDIT.
The Inspector General of the Department of Housing and
Urban Development and the Comptroller General of the
United States shall conduct an audit of the Department of
Housing and Urban Development to assess the extent the
Department has been in compliance with the Department
of Housing and Urban Development Reform Act of 1989
over the last two years. The Inspector General of the Depart-
ment of Housing and Urban Development and the Comp-
troller General of the United States shall issue a prelimi-
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nary report to the Congress on this assessment within 6
months and a final report within 12 months.
TITLE IV—TECHNICAL CORRECTIONS
SEC. 4001. The Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appro-
priations Act, 1999 (as contained in division A, section
101(a) of the Omnibus Consolidated and Emergency Sup-
plemental Appropriations Act, 1999 (Public Law 105–
277)) is amended:
(1) in title III, under the heading ‘‘Rural Com-
munity Advancement Program (Including Transfer of
Funds)’’, by inserting ‘‘1926d,’’ after ‘‘1926c,’’; by in-
serting ‘‘, 306(a)(2), and 306D’’ after ‘‘381E(d)(2)’’
the first time it appears in the paragraph; and by
striking ‘‘, as provided in 7 U.S.C. 1926(a) and 7
U.S.C. 1926C’’,
(2) in title VII, in section 718 by striking ‘‘this
Act’’ and inserting in lieu thereof ‘‘annual appropria-
tions Acts’’,
(3) in title VII, in section 747 by striking ‘‘302’’
and inserting in lieu thereof ‘‘203’’, and
(4) in title VII, in section 763(b)(3) by striking
‘‘section 402(d) of Public Law 94–265’’ and inserting
in lieu thereof ‘‘section 116(a) of Public Law 104–
297’’.
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SEC. 4002. The Foreign Operations, Export Financ-
ing, and Related Programs Appropriations Act, 1999 (as
contained in division A, section 101(d) of the Omnibus Con-
solidated and Emergency Supplemental Appropriations
Act, 1999 (Public Law 105–277)) is amended:
(1) in title II under the heading ‘‘Burma’’ by
striking ‘headings ‘‘Economic Support Fund’’ and’
and inserting in lieu thereof ‘headings ‘‘Child Sur-
vival and Disease Programs Fund’’, ‘‘Economic Sup-
port Fund’’, and’,
(2) in title V in section 587 by striking ‘‘199–
339’’ and inserting in lieu thereof ‘‘99–399’’,
(3) in title V in subsection 594(a) by striking
‘‘subparagraph (C)’’ and inserting in lieu thereof
‘‘subsection (c)’’,
(4) in title V in subsection 594(b) by striking
‘‘subparagraph (a)’’ and inserting in lieu thereof
‘‘subsection (a)’’, and
(5) in title V in subsection 594(c) by striking
‘‘521 of the annual appropriations Act for Foreign
Operations, Export Financing, and Related Pro-
grams’’ and inserting in lieu thereof ‘‘520 of this
Act’’.
SEC. 4003. Subsection 1706(b) of title XVII of the
International Financial Institutions Act (22 U.S.C. 262r–
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262r–2), as added by section 614 of the Foreign Operations,
Export Financing, and Related Programs Appropriations
Act, 1999, is amended by striking ‘‘June 30’’ and inserting
in lieu thereof ‘‘September 30’’.
SEC. 4004. The Department of the Interior and Re-
lated Agencies Appropriations Act, 1999 (as contained in
division A, section 101(e) of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public
Law 105–277)) is amended:
(1) in the last proviso under the heading
‘‘United States Fish and Wildlife Service, Adminis-
trative Provisions’’ by striking ‘‘section 104(c)(50)(B)
of the Marine Mammal Protection Act (16 U.S.C.
1361–1407)’’ and inserting in lieu thereof ‘‘section
104(c)(5)(B) of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361–1407)’’.
(2) under the heading ‘‘Bureau of Indian Af-
fairs, Operation of Indian Programs’’, by striking
‘‘$94,010,000’’ 
and 
inserting 
in 
lieu 
thereof
‘‘$94,046,000’’, by striking ‘‘$114,871,000’’ and in-
serting in lieu thereof ‘‘$114,891,000’’, by striking
‘‘$387,365,000’’ 
and 
inserting 
in 
lieu 
thereof
‘‘$389,307,000’’, and by striking ‘‘$52,889,000’’ and
inserting in lieu thereof ‘‘$53,039,000’’.
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(3) in section 354(a) by striking ‘‘16 U.S.C.
544(a)(2))’’ and inserting in lieu thereof ‘‘16 U.S.C.
544b(a)(2))’’.
(4) The amendments made by paragraphs (1),
(2), and (3) of this section shall take effect as if in-
cluded in Public Law 105–277 on the date of its en-
actment.
SEC. 4005. The Departments of Labor, Health and
Human Services, Education, and Related Agencies Appro-
priations Act, 1999 (as contained in division A, section
101(f) of the Omnibus Consolidated and Emergency Sup-
plemental Appropriations Act, 1999 (Public Law 105–
277)) is amended:
(1) in title I, under the heading ‘‘Federal Unem-
ployment Benefits and Allowances’’, by striking ‘‘dur-
ing the current fiscal year’’ and inserting in lieu
thereof ‘‘from October 1, 1998, through September 30,
1999’’;
(2) in title II under the heading ‘‘Office of the
Secretary, General Departmental Management’’ by
striking ‘‘$180,051,000’’ and inserting in lieu thereof
‘‘$188,051,000’’;
(3) in title II under the heading ‘‘Children and
Families Services Programs, (Including Rescissions)’’
by striking ‘‘notwithstanding section 640(a)(6), of the
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funds made available for the Head Start Act,
$337,500,000 shall be set aside for the Head Start
Program for Families with Infants and Toddlers
(Early Head Start): Provided further, That’’;
(4) in title II under the heading ‘‘Office of the
Secretary, General Departmental Management’’ by
inserting after the first proviso the following: ‘‘Pro-
vided further, That of the funds made available under
this heading for carrying out title XX of the Public
Health Service Act, $10,831,000 shall be for activities
specified 
under 
section 
2003(b)(2), 
of 
which
$9,131,000 shall be for prevention service demonstra-
tion grants under section 510(b)(2) of title V of the
Social Security Act, as amended, without application
of the limitation of section 2010(c) of said title XX:’’;
(5) in title III under the heading ‘‘Special Edu-
cation’’ by inserting before the period at the end of
the paragraph the following: ‘‘: Provided further, That
$1,500,000 shall be for the recipient of funds provided
by Public Law 105–78 under section 687(b)(2)(G) of
the Act to provide information on diagnosis, interven-
tion, and teaching strategies for children with disabil-
ities’’;
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(13)(A) in title VIII in section 405 by striking
subsection (e) and inserting in lieu thereof the fol-
lowing:
‘‘(e) OTHER REFERENCES
TO TITLE VII OF
THE
STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT.—
The table of contents of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11301 et seq.) is amended—
‘‘(1) by striking the items relating to title VII of
such Act, except the item relating to the title heading
and the items relating to subtitles B and C of such
title; and
‘‘(2) by striking the item relating to the title
heading for title VII and inserting in lieu thereof the
following:
‘‘TITLE VII—EDUCATION AND TRAINING’’.
(B) The amendments made by paragraph
(13)(A) of this section shall take effect as if included
in Public Law 105–277 on the date of its enactment.
SEC. 4006. The last sentence of section 5595(b) of title
5, United States Code (as added by section 309(a)(2) of the
Legislative Branch Appropriations Act, 1999, Public Law
105–275) is amended by striking ‘‘(a)(1)(G)’’ and inserting
in lieu thereof ‘‘(a)(1)(C)’’.
SEC. 4007. Division B, title II, chapter 5 of the Omni-
bus Consolidated and Emergency Supplemental Appropria-
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tions Act, 1999 (Public Law 105–277) is amended under
the heading ‘‘Capitol Police Board, Security Enhance-
ments’’ by inserting before the period at the end of the para-
graph ‘‘: Provided further, That for purposes of carrying
out the plan or plans described under this heading and con-
sistent with the approval of such plan or plans pursuant
to this heading, the Capitol Police Board shall transfer the
portion of the funds made available under this heading
which are to be used for personnel and overtime increases
for the United States Capitol Police to the heading ‘‘Capitol
Police Board, Capitol Police, Salaries’’ under the Act mak-
ing appropriations for the legislative branch for the fiscal
year involved, and shall allocate such portion between the
Sergeant at Arms of the House of Representatives and the
Sergeant at Arms and Doorkeeper of the Senate in such
amounts as may be approved by the Committee on Appro-
priations of the House of Representatives and the Com-
mittee on Appropriations of the Senate’’.
SEC. 4008. Division B, title 1, chapter 3 of the Omni-
bus Consolidated and Emergency Supplemental Appropria-
tions Act, 1999 (Public Law 105–277) is amended under
the heading ‘‘Family Housing, Navy and Marine Corps’’
by striking the word ‘‘Hurricane’’ and inserting in lieu
thereof ‘‘Hurricanes Georges and’’.
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SEC. 4009. The Department of Transportation and Re-
lated Agencies Appropriations Act, 1999, as contained in
division A, section 101(g) of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public
Law 105–277), is amended in title I under the heading
‘‘Capital Investment Grants (Including Transfer of
Funds)’’ within the project description of project number
127, by inserting the words ‘‘and bus facilities’’ after the
word ‘‘replacements’’, and within the project description of
project number 261 by striking the words ‘‘Multimodal Cen-
ter’’ and inserting ‘‘buses and bus related facilities’’.
SEC. 4010. The Department of Transportation and Re-
lated Agencies Appropriations Act, 1999, as contained in
division A, section 101(g) of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public
Law 105–277), is amended in title I under the heading
‘‘Federal-Aid Highways (Limitation on Obligations)
(Highway Trust Fund)’’ by striking ‘‘not more than
$38,000,000 shall be available for the implementation and
execution of the Ferry Boat and Ferry Terminal Facility
Program’’, and inserting in lieu thereof, ‘‘not more than
$59,290,000 shall be available for the implementation and
execution of the Ferry Boat and Ferry Terminal Facility
Program’’.
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SEC. 4011. (a) AMERICAN FISHERIES ACT.—The
American Fisheries Act (title II of division C of Public Law
105–277) is amended—
(1) in section 202(b) by inserting a comma after
‘‘United States Code’’;
(2) in section 207(d)(1)(A) by striking ‘‘Fishery
Conservation and Management’’;
(3) in section 208(b)(1) by striking ‘‘615085’’
and inserting ‘‘633219’’;
(4) in section 213(c)(1) by striking ‘‘title’’ and
inserting ‘‘subtitle’’; and
(5) in section 213(c)(2) by striking ‘‘title’’ and
inserting ‘‘subtitle’’.
(b) TITLE 46.—Section 12122(c) of title 46, United
States Code, is amended by inserting a comma after ‘‘state-
ment or representations’’.
SEC. 4012. Section 113 of the Department of Justice
Appropriations Act, 1999 (section 101(b) of division A of
Public Law 105–277) is amended by striking ‘‘section
102(2) of the Federally Recognized Indian Tribe List Act
of 1994 (25 U.S.C. 479a(2))’’ and inserting ‘‘section 4(b)
of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(b))’’.
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SEC. 4013. DENALI COMMISSION. The Denali Commis-
sion Act of 1998 (title III of division C of Public Law 105–
277) is amended—
(1) in section 303(b)(1)(D) by striking in two
instances ‘‘Alaska Federation or Natives’’ and insert-
ing ‘‘Alaska Federation of Natives’’;
(2) in section 303(c) by striking ‘‘Members’’ and
inserting ‘‘The Federal Cochairperson shall serve for
a term of four years and may be reappointed. All
other members’’;
(3) in section 306(a) by inserting after the first
sentence the following: ‘‘The Federal Cochairperson
shall be compensated at the annual rate prescribed for
level IV of the Executive Schedule under section 5315
of title 5, United States Code.’’;
(4) in section 306(c)(2) by striking ‘‘Chairman’’
and inserting ‘‘Federal Cochairperson’’;
(5) by inserting at the end of section 306 the fol-
lowing new subsections:
‘‘(g) ADMINISTRATIVE EXPENSES AND RECORDS.—The
Commission is hereby prohibited from using more than 5
percent of the amounts appropriated under the authority
of this Act or transferred pursuant to section 329 of the
Department of Transportation and Related Agencies Ap-
propriations Act, 1999 (section 101(g) of division A of this
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Act) for administrative expenses. The Commission and its
grantees shall maintain accurate and complete records
which shall be available for audit and examination by the
Comptroller General of his or her designee.
‘‘(h) INSPECTOR GENERAL.—Section 8G(a)(2) of the
Inspector General Act of 1978 (5 U.S.C. App. 3, section
8G(a)(2)) is amended by inserting ‘the Denali Commission,’
after ‘the Corporation for Public Broadcasting,’.’’; and
(6) in section 307(b) by inserting immediately
before ‘‘The Commission’’ the following: ‘‘Funds
transferred to the Commission pursuant to section
329 of the Department of Transportation and Related
Agencies Appropriations Act, 1999 (section 101(g) of
division A of this Act) shall be available without fur-
ther appropriation and until expended.’’.
SEC. 4014. Section 3347(b) of title 5, United States
Code, as added by the Federal Vacancies Reform Act of
1998, is amended by striking ‘‘provision to which subsection
(a)(2) applies’’ and inserting ‘‘provision to which sub-
section (a)(1) applies’’.
SEC. 4015. Of the amount appropriated under the
heading ‘‘ENVIRONMENTAL PROGRAMS AND MANAGEMENT’’
in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agen-
cies Appropriations Act, 1999 (Public Law 105–276),
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$1,300,000 shall be transferred to the ‘‘STATE AND TRIBAL
ASSISTANCE GRANTS’’ account for a grant for water and
wastewater infrastructure projects in the State of Idaho.
SEC. 4016. (a) Notwithstanding any other provision
of this Act, none of the amounts provided by this Act are
designated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(b) An additional amount of $2,250,000,000 is re-
scinded as provided in section 3002 of this Act.
SEC. 4017. Notwithstanding any other provision of
this Act, none of the amounts provided by this Act are des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE V—MISCELLANEOUS
SEC. 5001. (a) DISPOSAL AUTHORIZED.—Subject to
subsection (c), the President may dispose of the material
in the National Defense Stockpile specified in the table in
subsection (b).
(b) TABLE.—The total quantity of the material au-
thorized for disposal by the President under subsection (a)
is as follows:
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Authorized Stockpile Disposal
Material for disposal
Quantity
Zirconium ore .............................................................................
17,383 short dry tons
(c) MINIMIZATION OF DISRUPTION AND LOSS.—The
President may not dispose of material under subsection (a)
to the extent that the disposal will result in—
(1) undue disruption of the usual markets of
producers, processors, and consumers of the material
proposed for disposal; or
(2) avoidable loss to the United States.
(d) RELATIONSHIP TO OTHER DISPOSAL AUTHOR-
ITY.—The disposal authority provided in subsection (a) is
new disposal authority and is in addition to, and shall not
affect, any other disposal authority provided by law regard-
ing the material specified in such subsection.
(e) NATIONAL DEFENSE STOCKPILE DEFINED.—In
this section, the term ‘‘National Defense Stockpile Trans-
action Fund’’ means the fund in the Treasury of the United
States established under section 9(a) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h(a)).
SEC. 5002. (a) AVAILABILITY
OF
SETTLEMENT
AMOUNT.—Notwithstanding any other provision of law, the
amount received by the United States in settlement of the
claims described in subsection (b) shall be available as spec-
ified in subsection (c).
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(b) COVERED CLAIMS.—The claims referred to in this
subsection are the claims of the United States against Hunt
Building Corporation and Ellsworth Housing Limited
Partnership relating to the design and construction of an
828-unit family housing project at Ellsworth Air Force
Base, South Dakota.
(c) SPECIFIED USES.—
(1) IN GENERAL.—Subject to paragraph (2), the
amount referred to in subsection (a) shall be available
as follows:
(A) Of the portion of such amount received
in fiscal year 1999—
(i) an amount equal to 3 percent of
such portion shall be credited to the Depart-
ment of Justice Working Capital Fund for
the civil debt collection litigation activities
of the Department with respect to the claims
referred to in subsection (b), as provided for
in section 108 of Public Law 103–121 (107
Stat. 1164; 28 U.S.C. 527 note); and
(ii) of the balance of such portion—
(I) an amount equal to 7⁄8 of such
balance shall be available to the Sec-
retary of Transportation for purposes
of construction of an access road on
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Interstate Route 90 at Box Elder,
South Dakota (item 1741 of the table
contained in section 1602 of the Trans-
portation Equity Act for the 21st Cen-
tury (Public Law 105–178; 112 Stat.
320)); and
(II) an amount equal to 1⁄8 of
such balance shall be available to the
Secretary of the Air Force for purposes
of real property and facility mainte-
nance projects at Ellsworth Air Force
Base.
(B) Of the portion of such amount received
in fiscal year 2000—
(i) an amount equal to 3 percent of
such portion shall be credited to the Depart-
ment of Justice Working Capital Fund in
accordance with subparagraph (A)(i); and
(ii) an amount equal to the balance of
such portion shall be available to the Sec-
retary of Transportation for purposes of
construction of the access road described in
subparagraph (A)(ii)(I).
(C) Of any portion of such amount received
in a fiscal year after fiscal year 2000—
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(i) an amount equal to 3 percent of
such portion shall be credited to the Depart-
ment of Justice Working Capital Fund in
accordance with subparagraph (A)(i); and
(ii) an amount equal to the balance of
such portion shall be available to the Sec-
retary of the Air Force for purposes of real
property and facility maintenance projects
at Ellsworth Air Force Base.
(2) LIMITATION ON AVAILABILITY OF FUNDS FOR
ACCESS ROAD.—
(A) LIMITATION.—The amounts referred to
in subparagraphs (A)(ii)(I) and (B)(ii) of para-
graph (1) shall be available as specified in such
subparagraphs only if, not later than September
30, 2000, the South Dakota Department of
Transportation enters into an agreement with
the Federal Highway Administration providing
for the construction of an interchange on Inter-
state Route 90 at Box Elder, South Dakota.
(B) 
ALTERNATIVE
AVAILABILITY
OF
FUNDS.—If the agreement described in subpara-
graph (A) is not entered into by the date referred
to in that subparagraph, the amounts described
in that subparagraph shall be available to the
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Secretary of the Air Force as of that date for
purposes of real property and facility mainte-
nance projects at Ellsworth Air Force Base.
(3) AVAILABILITY OF AMOUNTS.—
(A) ACCESS
ROAD.—Amounts available
under this section for construction of the access
road described in paragraph (1)(A)(ii)(I) are in
addition to amounts available for the construc-
tion of that access road under any other provi-
sion of law.
(B) PROPERTY AND FACILITY MAINTENANCE
PROJECTS.—Notwithstanding any other provi-
sion of law, amounts available under this section
for property and facility maintenance projects at
Ellsworth Air Force Base shall remain available
for expenditure without fiscal year limitation.
This Act may be cited as the ‘‘Emergency Supple-
mental Appropriations Act for Fiscal Year 1999’’.
Attest:
Secretary.