[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1141 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
March 25, 1999.
Resolved, That the bill from the House of Representatives (H.R.
1141) entitled ``An Act making emergency supplemental appropriations
for the fiscal year ending September 30, 1999, and for other
purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 1999, and for other purposes, namely:
TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Office of the Secretary
emergency grants to assist low-income migrant and seasonal farmworkers
For emergency grants to assist low-income migrant and seasonal
farmworkers under section 2281 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (42 U.S.C. 5177a), $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 requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
Agricultural Marketing Service
marketing services
For an additional amount to carry out the agricultural marketing
assistance program under the Agricultural Marketing Act of 1946 (7
U.S.C. 1621 et seq.), $200,000, and the rural business enterprise grant
program under section 310B(c) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(c)), $500,000: Provided, That the entire
amount shall be available only to the extent an official budget request
for $700,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement under section
251(b)(2)(A) of such Act.
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 official budget request for
$150,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement under section
251(b)(2)(A) of such Act.
Farm Service Agency
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$42,753,000, to remain available until expended: Provided, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
agricultural credit insurance fund program account
For additional gross obligations for the principal amount of direct
and guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be
available from funds in the Agricultural Credit Insurance Fund, as
follows: farm ownership loans, $550,000,000, of which $350,000,000
shall be for guaranteed loans; operating loans, $370,000,000, of which
$185,000,000 shall be for subsidized guaranteed loans; and for
emergency insured loans, $175,000,000 to meet the needs resulting from
natural disasters.
For the additional cost of direct and guaranteed loans, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, to remain available until expended,
as follows: farm ownership loans, $35,505,000, of which $5,565,000
shall be for guaranteed loans; operating loans, $28,804,000, of which
$16,169,000 shall be for subsidized guaranteed loans; and for emergency
insured loans, $41,300,000 to meet the needs resulting from natural
disasters; and for additional administrative expenses to carry out the
direct and guaranteed loan programs, $4,000,000: Provided, That the
entire amounts are designated by the Congress as emergency requirements
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
emergency conservation program
For an additional amount for the ``Emergency Conservation Program''
for expenses resulting from natural disasters, $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 section 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, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood Prevention
Operations'' to repair damages to the waterways and watersheds,
including debris removal that would not be authorized under the
Emergency Watershed Program, resulting 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 requirement 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 section 381E(d)(2) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009f), as
provided in 7 U.S.C. 1926(a) and 7 U.S.C. 1926C for distribution
through the national reserve, $30,000,000, of which $25,000,000 shall
be for grants under such program: Provided, That the entire amount
shall be available only to the extent an official budget request for
$30,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
Rural Housing Service
rural housing insurance fund program account
For additional gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance fund to
meet needs resulting from natural disasters, as follows: $10,000,000
for loans to section 502 borrowers, as determined by the Secretary; and
$1,000,000 for section 504 housing repair loans.
For the additional cost of direct and guaranteed loans, including
the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, to remain available until expended,
$1,534,000, as follows: section 502 loans, $1,182,000; and section 504
housing repair loans, $352,000: Provided, That the entire amount shall
be available only to the extent that an official budget request for
$1,534,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
rural housing assistance grants
For an additional amount for grants for very low-income housing
repair, as authorized by 42 U.S.C. 1474, to meet needs resulting from
natural disasters, $1,000,000: Provided, That the entire amount shall
be available only to the extent that an official budget request for
$1,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 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 devoted during fiscal year 1999 to any 1
agricultural commodity or product thereof.
Sec. 1102. Crop Loss Assistance. (a) In General.--Section 1102 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies 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 further, 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 Commodity Credit
Corporation Charter Act (15 U.S.C. 714i), an additional $28,000,000
shall be provided through the Commodity Credit Corporation in fiscal
year 1999 for technical assistance activities performed by any agency
of the Department of Agriculture in carrying out any conservation 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
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of such
Act.
Sec. 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 provided by the Secretary of the Agriculture directly to any
State determined by the Secretary of Agriculture to have been
materially affected by the commercial fishery failure or failures
declared by the Secretary of Commerce in September, 1998 under section
312(a) of the 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 affected by the
commercial fishery failure or failures: Provided, That the entire
amount shall be available only to the extent an official budget request
for such amount, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement under
section 251(b)(2)(A) of such Act.
Sec. 1105. (a) For an additional amount for the Livestock
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 designated by the Congress as an
emergency requirement pursuant 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 Producers 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 Transferring 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
provision 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 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
endorsement; 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 endorsement, 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 September 30, 2000: Provided, That the funds
appropriated under this heading shall be subject to the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961, as amended,
and, except for section 558, the provisions of title V of the Foreign
Operations, Export Financing, and Related Programs Act, 1999 (as
contained in division A, section 101(d) of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277)):
Provided further, That 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: Provided 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 Appropriations of
his intent to exercise such authority: Provided further, That up to
$6,000,000 of the funds appropriated by this paragraph may be
transferred to ``Operating Expenses of the Agency for International
Development'', to remain available until September 30, 2000, to be used
for administrative costs of USAID in addressing the effects of those
hurricanes, of which up to $1,000,000 may be used to contract directly
for the personal services of individuals in the United States: Provided
further, That 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 support 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
Development, Office of Inspector General'', to remain available until
expended, to be used for costs of audits, inspections, and other
activities associated with the expenditure of 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
appropriated 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 Committees 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 heading shall be
obligated and expended subject to the regular notification procedures
of the Committees on Appropriations: 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
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That the Agency for International Development should undertake efforts
to promote reforestation, with careful attention to the choice,
placement, and management of species of trees consistent with watershed
management objectives designed to minimize future storm damage, and to
promote energy conservation through the use of renewable energy and
energy-efficient services and technologies: Provided further, That
reforestation and energy initiatives under this heading should be
integrated with other sustainable development efforts: Provided
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 Caribbean.
international disaster assistance
Notwithstanding section 10 of Public Law 91-672, for an additional
amount for ``International Disaster Assistance'' for necessary expenses
for international disaster relief, 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 section 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 available 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 emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For necessary expenses for grants to enable the President to carry
out section 23 of the Arms Export Control Act, in addition to amounts
otherwise available for such purposes, $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 nonrepayable, 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
Programs Appropriations Act, 1999, as included in Public Law 105-277,
section 101(d): Provided, That up to $25,000,000 may be used for a
contribution to the Central America Emergency Trust Fund, administered
by the International Bank for Reconstruction and Development: Provided
further, That such funds shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
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 equipment: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended: Provided further, That the amount provided shall
be available only to the extent that an official budget request that
includes designation of the entire amount as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
OTHER RELATED AGENCY
United States Holocaust Memorial Council
holocaust memorial council
For an additional amount for ``Holocaust Memorial Council'',
$2,000,000, to remain available until expended, for the Holocaust
Museum to address security needs: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the amount
provided shall be available only to the extent that an official budget
request that includes designation of the entire amount as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
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 Relief'' program), the Small Business Administration, or the
Army Corps of Engineers: Provided, That in administering these funds
the Director shall allocate these funds to States to be administered by
each State in conjunction with its Federal Emergency Management Agency
Disaster Relief program: Provided further, That each State shall
provide not less than 25 percent in non-Federal public matching funds
or its equivalent value (other than administrative costs) for any funds
allocated to the State under this heading: Provided further, That the
Director shall allocate these funds based on the unmet needs arising
from a Presidentially-declared disaster as identified by the Director
as those which have not or will not be addressed by other Federal
disaster assistance programs and for which it is deemed appropriate to
supplement the efforts and available resources of States, local
governments and disaster relief organizations: Provided further, That
the Director shall establish review groups within FEMA to review each
request by a State of its unmet needs and certify as to the actual
costs associated with the unmet needs as well as the commitment and
ability of each state to provide its match requirement: Provided
further, That the Director shall implement all mitigation and buyout
efforts in a manner consistent 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
Federal Register governing the allocation and use of the funds under
this heading, including provisions for ensuring the compliance of the
states with the requirements of this program: Provided further, That 10
days prior to distribution of funds, the Director shall submit a list
to the House and Senate Committees on Appropriations, setting forth the
proposed uses of funds and the most recent estimates of unmet needs:
Provided further, That the Director shall submit quarterly reports to
the Committees regarding the actual projects and needs for which funds
have been provided under this heading: Provided further, That to the
extent any funds under this heading are used in a manner inconsistent
with the requirements of the program established under this heading and
any rules issued pursuant thereto, the Director shall recapture an
equivalent amount of funds from the State from any existing funds or
future funds awarded to the State under this heading or any other
program administered by the Federal Emergency Management Agency:
Provided further, That the entire amount shall be available only to the
extent an official budget request, that includes designation of the
entire amount of the request as an emergency requirement as defined by
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISION, THIS TITLE
Sec. 1401. Emergency Steel Loan Guarantee Program. (a) Short
Title.--This section may be cited as the ``Emergency Steel Loan
Guarantee Act of 1999''.
(b) Congressional Findings.--Congress finds that--
(1) the United States steel industry has been severely
harmed by a record surge of more than 40,000,000 tons of steel
imports into the United States in 1998, caused by the world
financial crisis;
(2) this surge in imports resulted in the loss of more than
10,000 steel worker jobs in 1998, and was the imminent cause of
3 bankruptcies by medium-sized steel companies, Acme Steel,
Laclede Steel, and Geneva Steel;
(3) the crisis also forced almost all United States steel
companies into--
(A) reduced volume, lower prices, and financial
losses; and
(B) an inability to obtain credit for continued
operations and reinvestment in facilities;
(4) the crisis also has affected the willingness of private
banks and investment institutions to make loans to the U.S.
steel industry for continued operation and reinvestment in
facilities;
(5) these steel bankruptcies, job losses, and financial
losses are also having serious negative effects on the tax base
of cities, counties, and States, and on the essential health,
education, and municipal services that these government
entities provide to their citizens; and
(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 manufacture 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.
(d) Establishment of Emergency Steel Guaranteed 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 composed 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 aggregate amount of
loans guaranteed under this section 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 section as soon as
possible after receipt of such application.
(6) Additional costs.--For the additional cost of the loans
guaranteed under this subsection, including the costs of
modifying the loans as defined in section 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 application 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 company under
reasonable terms or conditions sufficient to meet its financing
needs, as reflected in the financial and business plans of that
company;
(2) the prospective earning power of that company, together
with the character and value of the security pledged, furnish
reasonable assurance of repayment 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 periods 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 guaranteed loan is outstanding.
(h) Terms and Conditions of Loan Guarantees.--
(1) Loan duration.--All loans guaranteed under this section
shall be payable in full not later than December 31, 2005, and
the terms and conditions 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 affirmative and
negative covenants and other protective provisions that the
Board determines are appropriate. 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 principal balance of the guaranteed
loan to the Department of the Treasury.
(i) Reports to Congress.--The Secretary of Commerce 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 outstanding.
(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 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 emergency
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 requirement (as defined in the
Balanced Budget and Emergency 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 consumed, 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 percent of our
daily oil and gas consumption is a national security threat;
(9) the level of United States oil security is directly
related to the level of domestic production of oil, natural gas
liquids, and natural gas; and
(10) a national security policy should be developed 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 company that--
(A) is incorporated under the laws of any State;
(B) is--
(i) an independent oil and gas company
(within the meaning of section 57(a)(2)(B)(i)
of the Internal Revenue Code of 1986); or
(ii) a small business concern under section
3 of the Small Business Act (15 U.S.C. 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 hydrocarbons 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 Emergency 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 established 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.
(e) Authority.--
(1) In general.--The Program may guarantee loans provided
to qualified oil and gas companies by private banking and
investment institutions in accordance with 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
shall not exceed $500,000,000.
(3) Individual guarantee limit.--The aggregate 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
the qualified oil and gas company, if the Board determines that--
(1) credit is not otherwise available to the company under
reasonable terms or conditions sufficient to meet its financing
needs, as reflected in the financial and business plans of the
company;
(2) the prospective earning power of the company, together
with the character and value of the security pledged, provide a
reasonable assurance of repayment 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 periods 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 conditions 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 protective provisions as the Board
determines are appropriate. 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 receiving a loan
guarantee under this section shall pay a fee in an amount equal
to 0.5 percent of the outstanding principal balance of the
guaranteed loan to the Department of the Treasury.
(h) Reports.--During fiscal year 1999 and each fiscal year
thereafter until each guaranteed loan has been repaid 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 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 necessary 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 emergency
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 Production. (a) Deduction.--
Subject to the limitations in subsection (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 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 exploration, 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 meaning 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 marginal
production under section 631A(c)(6) of the Internal
Revenue Code of 1986; or
(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 official
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, as amended, is transmitted by the President to the
Congress; and
(2) is designated by the Congress as an emergency
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 detention 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 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 University 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 Narcotics
Control and Law Enforcement'', $23,000,000, for additional counterdrug
research and development activities: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: 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 defined in such Act is transmitted by the President to
the Congress.
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For an additional amount for ``Salaries and Expenses,'' $921,000,
to remain available until expended.
CHAPTER 2
DEPARTMENT OF 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 Personnel, Army'',
$7,300,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $1,000,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$50,000,000.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$16,000,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $8,000,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $21,000,000, of which $20,000,000 is available only for the
CINC initiative fund.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $20,000,000.
Overseas Humanitarian, Disaster, and Civic Aid
For an additional amount for ``Overseas Humanitarian, 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 restoration operations and training activities in
response to disasters within the United States Southern Command area of
responsibility; $46,000,000, to remain available for transfer until
September 30, 1999: Provided, That the Secretary of Defense may
transfer these funds to operation and maintenance accounts: Provided
further, That the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period, as the
appropriation to which transferred: Provided further, That the transfer
authority provided in this paragraph is in addition to any other
transfer authority contained in Public Law 105-262.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 2201. Of the amounts appropriated or otherwise made available
in the Department of Defense Appropriations 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
nonprofit, higher education institutions for the purpose of creating a
computer network among such institutions to enhance teaching and
learning opportunities in science, technology and communications.
Sec. 2202. (a) United States Military Academy.--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 persons'' and inserting ``10 persons''.
(c) United States Air Force Academy.--Section 9344(b)(3) of such
title is amended by striking ``five persons'' 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 otherwise 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 extraordinary
expenses associated with the settlement of the claims arising from the
accident described in subsection (a).
(d) Amount of Payment.--The amount of the payment 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
settlement of claims against the United States with respect to damages
arising from the accident described in subsection (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
described in subsection (a).
Sec. 2204. Notwithstanding any other provision of law, a military
technician (dual status) (as defined in section 10216 of title 10,
United States Code) performing active duty without pay while on leave
from technician employment under section 6323(d) of title 5, United
States Code, may, in the discretion of the Secretary concerned, be
authorized a per diem allowance under this title, in lieu of
commutation for subsistence and quarters as described in section
1002(b) of title 37, United States Code.
Sec. 2205. Operational Support Aircraft Multi-Year Leasing
Demonstration Project. (a) Authority to Lease.--Effective on or after
October 1, 1999, the Secretary of the Air Force may obtain
transportation for operational support purposes, including
transportation for combatant Commanders in Chief, by lease of aircraft,
on such terms and conditions as the Secretary may deem appropriate,
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 nongovernmental 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 appropriate, provide for special payments to
the lessor if either the Secretary terminates or cancels the lease
prior to the expiration of its term or the aircraft is damaged or
destroyed prior to the expiration of the term of the lease. In the
event of termination or cancellation of the lease, the total value of
such payments shall not exceed the value of one year's lease payment.
(e) Obligation and Expenditure of Funds.--Notwithstanding any other
provision of law--
(1) an obligation need not be recorded upon entering into a
lease under this section, in order to provide for the payments
described in subsection (d); and
(2) any payments required under a lease under this section,
and any payments made pursuant to subsection (d), may be made
from--
(A) appropriations available for the performance of
the lease at the time the lease takes effect;
(B) appropriations for the operation and
maintenance available at the time which the payment is
due; and
(C) funds appropriated for those payments.
(f) Other Authority Preserved.--The authority granted to the
Secretary of the Air Force by this section is separate from and in
addition to, and shall not be construed 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 Appropriations
Acts for the Automated Land and Mineral Record System, $1,000,000 shall
be available until expended to meet increased workload requirements
stemming from the anticipated higher volume of Applications for Permits
to Drill in the Powder River Basin: Provided, That unless there is an
agreement in place between the coal mining operator and the gas
producer, the funds made available herein shall not be used to approve
Applications for Permits to Drill for well sites that are located
within an area covered 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 resources 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 Programs'',
$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 Resources'' for
emergency repairs to the Headgate Rock Hydroelectric 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.
DEPARTMENT OF AGRICULTURE
Forest Service
wildland fire management
Of the funds made available under this heading for fire operations
in previous Acts of Appropriation (exclusive of amounts for hazardous
fuels reduction), $100,000,000 shall be transferred to the Knutson-
Vandenberg fund established pursuant to section 3 of Public Law 71-319
(16 U.S.C. 576 et. seq.) within 10 days of 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 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 arising 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 salaries 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 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, General'', $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.
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 Southwest Border High Intensity Drug
Trafficking Area for the State of New Mexico, and an additional
$500,000 is appropriated for national efforts related to
methamphetamine reduction efforts.
CHAPTER 9
DEPARTMENT OF STATE RELATED AGENCY
United States Commission on International Religious Freedom
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105-292),
$3,000,000, to remain available until expended: 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 Related Agencies
Appropriations Act, 1999 (as contained in division A, section 101(e) of
the Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277)) is amended under the heading ``Forest
Service, Reconstruction and Construction'' by inserting before the
final period the following: ``: Provided further, That notwithstanding
any other provision of law, funds appropriated for Forest Service
construction of a new forestry research facility at Auburn University,
Auburn, Alabama, shall be available for a direct payment to Auburn
University for this purpose, but no more than $4,000,000 shall be
available for such payment prior to October 1, 1999: Provided further,
That if within the life of the facility the USDA Forest Service needs
additional space for collaborative laboratory activities on the Auburn
University campus, Auburn University shall provide such laboratory
space within the new facility constructed with these funds, free of any
charge for rent''.
Sec. 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 Secretary has provided a period
of not less than 120 days for accepting public comment on the proposed
rule after the report of the National Academy of Sciences' Committee on
Hardrock Mining on Federal Lands, authorized and required by the
Department of the Interior and Related Agencies Appropriations Act,
1999 (as contained in division A, section 101(e) of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999
(Public Law 105-277)) is submitted to the appropriate federal agencies,
the Congress, and the Governors of the affected states in accordance
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 restitution to individuals (1)
who are eligible for restitution under such Act and have filed timely
claims for the restitution, 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 respect to the valuation of
crude oil for royalty purposes, including a rulemaking derived from
proposed rules published in 63 Federal Register 6113 (1998), 62 Federal
Register 36030, and 62 Federal Register 3742 (1997) until October 1,
1999, or until there is a negotiated agreement on the rule.
Sec. 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 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 appropriated for purposes of reforming trust funds management
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.--Section 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 Consolidated 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 heading ``Grants-in-Aid for Airports, (Liquidation of
Contract Authorization), (Airport and Airway Trust Fund)'', delete the
last proviso, and insert the following in lieu thereof: ``: 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 amended by striking ``100
percent'' and inserting ``110 percent''.
Sec. 2311. Prohibition on Treating Any Funds Recovered From Tobacco
Companies as an Overpayment for Purposes of Medicaid. (a) Amendment to
Social Security Act.--Section 1903(d)(3) of the Social Security Act (42
U.S.C. 1396b(d)(3)) is amended--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following:
``(B)(i) Subparagraph (A) and paragraph (2)(B) shall not
apply to any amount recovered or paid to a State as part of the
comprehensive settlement of November 1998 between manufacturers
of tobacco products, as defined in section 5702(d) of the
Internal Revenue Code of 1986, and State Attorneys General, or
as part of any individual State settlement or judgment reached
in litigation initiated or pursued by a State against one or
more such manufacturers.
``(ii) Except as provided in subsection (i)(19), a State
may use amounts recovered or paid to the State as part of a
comprehensive or individual settlement, or a judgment,
described in clause (i) for any expenditures determined
appropriate by the State.''.
(b) Prohibition on Payment for Administrative Expenses Incurred in
Pursuing Tobacco Litigation.--Section 1903(i) of the Social Security
Act (42 U.S.C. 1396b(i)) is amended--
(1) in paragraph (18), by striking the period and inserting
``; or''; and
(2) by inserting after paragraph (18) the following new
paragraph:
``(19) with respect to any amount expended on
administrative costs to initiate or pursue litigation described
in subsection (d)(3)(B).''.
(c) Effective Date.--This section and the amendments made by this
section shall apply to amounts paid to a State prior to, on, or after
the date of enactment of this Act.
Sec. 2312. Extension of Aviation Insurance Program. 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 exemption provided in section
101(b) of the Marine Mammal Protection Act (16 U.S.C. 1371(a)) between
the date of the enactment of this Act and October 1, 2000 shall be
considered a violation of such Act unless such taking occurs pursuant
to a cooperative agreement between the National Marine Fisheries
Service and Cook Inlet Marine Mammal Council.
Sec. 2315. Funds provided in the Department of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1999
(Public Law 105-277, division 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 PRODUCERS.
``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 natural 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 Interior and
Related Agencies Appropriations Act, 1999 (Public Law 105-277, division
A, section 1(e), title III) is amended by striking ``none of the funds
in this Act'' and inserting ``none of the funds provided in this Act to
the Indian Health Service or Bureau of Indian Affairs''.
Sec. 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 premium adjustment
on the amount that would otherwise be computed for club wheat under the
section to reflect the premium that is paid for club wheat to ensure
its availability to create a blended specialty product known as western
white wheat.
(b) Retroactive Application.--As soon as practicable after the date
of the enactment of this Act, the Secretary of Agriculture shall make a
payment to each producer of club wheat that received a discounted loan
deficiency payment under section 135 of the Agricultural Market
Transition Act (7 U.S.C. 7235) before that date as a result of the
assessment of a premium adjustment against club wheat. The amount of
the payment for a producer shall be equal to the difference between--
(1) the loan deficiency payment that would have been made
to the producer in the absence of the premium adjustment; and
(2) the loan deficiency payment actually received by the
producer.
(c) Funding Source.--The Secretary shall use funds available to
provide marketing assistance loans and loan deficiency payments under
subtitle C of the Agricultural Market Transition Act (7 U.S.C. 7231 et
seq.) to make the payments required by subsection (b).
Sec. 2319. Glacier Bay. (a) Dungeness Crab Fishermen.--Section
123(b) of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (section 101(e) of division A of Public Law
105-277) is amended--
(1) in paragraph (1)--
(A) by striking ``February 1, 1999'' and inserting
``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 January 1, 1999 that is equivalent in length to the
period established by such individual under paragraph (1),
based on the individual's net earnings from the Dungeness crab
fishery during such established period''.
(b) Others Affected by Fishery Closures and Restrictions.--Section
123 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (section 101(e) of division A of Public Law
105-277), as amended, is amended further by redesignating subsection
(c) as subsection (d) and inserting immediately after subsection (b)
the following new subsection:
``(c) Others Affected by Fishery Closures and Restrictions.--The
Secretary of the Interior is authorized to provide such funds as are
necessary for a program developed with the concurrence of the State of
Alaska to fairly compensate United States fish processors, fishing
vessel crew members, communities, and others negatively affected by
restrictions on fishing in Glacier Bay National Park. For the purpose
of receiving compensation under the program required by this
subsection, a potential recipient shall provide a sworn and notarized
affidavit to establish the extent of such negative effect.''.
(c) Implementation.--Section 123 of the Department of the Interior
and Related Agencies Appropriations Act, 1999 (section 101(e) of
division A of Public Law 105-277), as amended, is amended further by
inserting at the end the following new subsection:
``(e) Implementation and Effective Date.--The Secretary of the
Interior shall publish an interim final rule for the federal
implementation of subsection (a) and shall provide an opportunity for
public comment on such interim final rule. The effective date of the
prohibitions in paragraphs (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 subsection (b) has not
received full compensation by June 15, 1999, the Secretary shall
provide partial compensation on such date to such individual and shall
expeditiously provide full compensation thereafter.''.
(d) 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 October 1, 1999.
Sec. 2320. White River School District #47-1. From any unobligated
funds that are available to the Secretary of Education to carry out
section 306(a)(1) of the Department of Education Appropriations Act,
1996, the Secretary shall provide not more than $239,000, under such
terms and conditions as the Secretary determines appropriate, to the
White River School District #47-1, White River, South Dakota, to be
used to repair damage caused by water infiltration at the White River
High School, which shall remain available until expended.
Sec. 2321. (a) The treatment provided to firefighters under section
628(f) of the Treasury and General Government Appropriations Act, 1999
(as included in section 101(h) of division A of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999
(Public Law 105-277)) shall be provided to any firefighter who--
(1) on the effective date of section 5545b of title 5,
United States Code--
(A) was subject to such section; and
(B) had a regular tour of duty that averaged more
than 60 hours per week; and
(2) before December 31, 1999, is involuntarily moved
without a break in service from the regular tour of duty under
paragraph (1) to a regular tour of duty that--
(A) averages 60 hours or less per week; and
(B) does not include a basic 40-hour workweek.
(b) Subsection (a) shall apply to firefighters described under that
subsection as of the effective date of section 5545b of title 5, United
States Code.
(c) The Office of Personnel Management may prescribe regulations
necessary to implement this section.
Sec. 2322. Sense of the Senate: Expressing the Sense of the Senate
That a Pending Sale of Wheat and Other Agricultural Commodities to Iran
be Approved. (a) The Senate finds:
(1) That an export license is pending for the sale of
United States wheat and other agricultural commodities 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 exports 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
(2) issue a notice of proposed rulemaking for, or
promulgate, or in any way implement, any similar regulations to
provide for procedures for gaming activities under the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.), in any case in
which a State asserts 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 negotiations 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 Regulatory Act (25 U.S.C. 2701 et
seq.).
(2) The ``report of the National Gambling Impact Study
Commission'' is the report described in section 4(b) of Public
Law 104-169 (18 U.S.C. sec. 1955 note).
Sec. 2324. Findings and Sense of Senate Regarding 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 responsibility
for certain home health visits under the medicare program under
title XVIII of the Social Security 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 Federal 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 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 reimbursement submitted
by home health agencies, resulting in a significant slowdown
nationwide in the processing of such claims.
(6) The sequential billing policy described in paragraph
(4), coupled with the slowdown in claims processing described
in paragraph (5), has substantially 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 enactment
of the Balanced Budget Act of 1997.
(b) Sense of the Senate.--It is the sense of the Senate that the
Health Care Financing Administration should--
(1) evaluate and monitor the use of the sequential 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 submitted by home
health agencies; and
(B) such intermediaries adhere to Health Care
Financing Administration instructions that limit the
number of claims for reimbursement 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 considering and
implementing constructive alternatives, such as expedited
reviews of claims for reimbursement, for home health agencies
with no history of billing problems who have cash flow problems
due to random 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
contained in division A, section 101(e) of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277)),
shall be paid in lump sum and shall be considered direct payments, for
the purposes of all applicable law except that these direct grants may
not be used for lobbying activities.
Sec. 2326. Section 617 of the Department of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1999 (as
added by section 101(b) of division A of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277))
is amended--
(1) by striking subsection (a) and inserting 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 vessel of the United States greater than
165 feet in registered length, of more than 750 gross registered tons,
or that has an engine or engines capable of producing a total of more
than 3,000 shaft horsepower as specified in the permit application
required under part 648.4(a)(5) of title 50, Code of Federal
Regulations, part 648.12 of title 50, Code of Federal Regulations, and
the authorization required under part 648.80(d)(2) of title 50, Code of
Federal Regulations, to engage in fishing for Atlantic mackerel or
herring (or both) under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), unless the regional fishery
management council of jurisdiction recommends after October 21, 1998,
and the Secretary of Commerce approves, conservation and management
measures in accordance with such Act to allow such vessel to engage in
fishing for Atlantic mackerel or herring (or both).''; and
(2) in subsection (b), by striking ``subsection (a)(1)''
and inserting ``subsection (a)''.
Sec. 2327. The Corps of Engineers is directed to reprogram $800,000
of the funds made available to that agency in fiscal year 1999 for the
operation of the Pick-Sloan project to perform the preliminary work
needed to transfer Federal lands to 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
Appropriations Act, 1999 (section 101(e) of division A of Public 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.
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 Rescissions 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 heading,
$5,000,000 are rescinded.
Immigration and Naturalization Service
salaries and expenses
enforcement and border affairs
(rescission)
Of the unobligated balances available under this heading, excluding
funds appropriated for equipment and facilities, $40,000,000 are
rescinded.
citizenship and benefits, immigration support and program direction
(rescission)
Of the unobligated balances available under this heading, excluding
funds appropriated for equipment and facilities, $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 heading,
$1,000,000 are rescinded.
procurement, acquisition, and construction
Of the unobligated balances available under this heading,
$2,000,000 are rescinded.
DEPARTMENT OF STATE AND RELATED AGENCIES
International Organizations and Conferences
contributions to international organizations
(rescission)
Of the unobligated balances available under this heading, excluding
funds appropriated for arrearages, $22,000,000 are rescinded.
contributions for international peacekeeping activities
(rescission)
Of the unobligated balances available under this heading, excluding
funds appropriated for arrearages, $21,000,000 are rescinded.
international broadcasting operations
(rescission)
Of the unobligated balances available under this heading,
$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 following funds
are hereby rescinded as of the date of enactment of this Act from the
following account: Under the 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 heading in Public
Law 105-118 and in the Omnibus Consolidated 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 Supplemental 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 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 Appropriations 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 Appropriations 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.
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 section 101(f) of
Public Law 105-277, $8,000,000 are rescinded.
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.
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 heading in the
1998 Supplemental Appropriations and Rescissions Act (Public Law 105-
174), $63,600,000 are rescinded.
Of the unobligated balances available under this heading in
division B, of the Omnibus Consolidated and Emergency Supplemental
Appropriations, 1999 (Public Law 105-277), $250,000,000 are rescinded.
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 division A of the
Omnibus Consolidated and Emergency Supplemental Appropriations, 1999
(Public Law 105-277) $1,250,000 are rescinded.
GENERAL PROVISIONS, THIS TITLE
Sec. 3001. (a) Division B, title V, chapter 1 of the Omnibus
Consolidated and Emergency Supplemental Appropriations 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 regard to any
requirement in law relating to public notice 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 emergency designation
in division B of Public Law 105-277, other than those appropriated to
the Department of Defense--Military, $343,000,000 are rescinded:
Provided, That these reductions shall be applied proportionally to each
appropriation account and budget activity being reduced 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 discretionary category,
$100,000,000 are rescinded as a result of revised economic assumptions
from inflation adjusted accounts: 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 Department of Housing and Urban Development and the
Comptroller General of the United States shall issue a preliminary
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 Appropriations Act, 1999 (as
contained in division A, section 101(a) of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277))
is amended:
(1) in title III, under the heading ``Rural Community
Advancement Program (Including Transfer of Funds)'', by
inserting ``1926d,'' after ``1926c,''; by inserting ``,
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 appropriations 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''.
Sec. 4002. The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1999 (as contained in division A, section
101(d) of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277)) is amended:
(1) in title II under the heading ``Burma'' by striking
`headings ``Economic Support Fund'' and' and inserting in lieu
thereof `headings ``Child Survival and Disease Programs Fund'',
``Economic Support 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 Programs'' 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-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 Related Agencies
Appropriations Act, 1999 (as contained in division A, section 101(e) of
the Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277)) is amended:
(1) in the last proviso under the heading ``United States
Fish and Wildlife Service, Administrative Provisions'' by
striking ``section 104(c)(50)(B) of the Marine Mammal
Protection Act (16 U.S.C. 1361-1407)'' and inserting 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 Affairs, Operation
of Indian Programs'', by striking ``$94,010,000'' and inserting
in lieu thereof ``$94,046,000'', by striking ``$114,871,000''
and inserting 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''.
(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 included in Public Law
105-277 on the date of its enactment.
Sec. 4005. The Departments of Labor, Health and Human Services,
Education, and Related Agencies Appropriations Act, 1999 (as contained
in division A, section 101(f) of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (Public Law 105-277)) is amended:
(1) in title I, under the heading ``Federal Unemployment
Benefits and Allowances'', by striking ``during 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 funds made
available for the Head Start Act, $337,500,000 shall be set
aside for the Head Start Program for Families with Infants and
Toddlers (Early Head Start): Provided further, That'';
(4) in title II under the heading ``Office of the
Secretary, General Departmental Management'' by inserting after
the first proviso the following: ``Provided further, That of
the funds made available under this heading for carrying out
title XX of the Public Health Service Act, $10,831,000 shall be
for activities specified under section 2003(b)(2), of which
$9,131,000 shall be for prevention service demonstration grants
under section 510(b)(2) of title V of the Social Security Act,
as amended, without application of the limitation of section
2010(c) of said title XX:'';
(5) in title III under the heading ``Special Education'' by
inserting before the period at the end of the paragraph the
following: ``: Provided further, That $1,500,000 shall be for
the recipient of funds provided by Public Law 105-78 under
section 687(b)(2)(G) of the Act to provide information on
diagnosis, intervention, and teaching strategies for children
with disabilities'';
(6) in title II under the heading ``Public Health and
Social Services Emergency Fund'' by striking ``$322,000'' and
inserting in lieu thereof ``$180,000'';
(7) in title III under the heading ``Education Reform'' by
striking ``$491,000,000'' and inserting in lieu thereof
``$459,500,000'';
(8) in title III under the heading ``Vocational and Adult
Education'' by striking ``$6,000,000'' the first time that it
appears and inserting in lieu thereof ``$14,000,000'', and by
inserting before the period at the end of the paragraph the
following: ``: Provided further, That of the amounts made
available for the Perkins Act, $4,100,000 shall be for tribally
controlled postsecondary vocational institutions under section
117'';
(9) in title III under the heading ``Higher Education'' by
inserting after the first proviso the following: ``Provided
further, That funds available for part A, subpart 2 of title
VII of the Higher Education Act shall be available to fund
awards for academic year 1999-2000 for fellowships under part
A, subpart 1 of title VII of said Act, under the terms and
conditions of part A, subpart 1:'';
(10) in title III under the heading ``Education Research,
Statistics, and Improvement'' by inserting after the third
proviso the following: ``Provided further, That of the funds
appropriated under section 10601 of title X of the Elementary
and Secondary Education Act of 1965, as amended, $1,000,000
shall be used to conduct a violence prevention demonstration
program: Provided further, That of the funds appropriated under
section 10601 of title X of the Elementary and Secondary
Education Act of 1965, as amended, $50,000 shall be awarded to
the Center for Educational Technologies to conduct a
feasibility study and initial planning and design of an
effective CD ROM product that would complement the book, We the
People: The Citizen and the Constitution:'';
(11) in title III under the heading ``Reading Excellence''
by inserting before the period at the end of the paragraph the
following: ``: Provided, That up to one percent of the amount
appropriated shall be available October 1, 1998 for peer review
of applications'';
(12) in title V in section 510(3) by inserting after
``Act'' the following: ``or subsequent Departments of Labor,
Health and Human Services, Education, and Related Agencies
Appropriations Acts''; and
(13)(A) in title VIII in section 405 by striking subsection
(e) and inserting in lieu thereof the following:
``(e) Other References to Title VII of the Stewart B. McKinney
Homeless Assistance Act.--The table of contents of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.) is amended--
``(1) by striking the items relating to title VII of such
Act, except the item relating to the title heading and the
items relating to subtitles B and C of such title; and
``(2) by striking the item relating to the title heading
for title VII and inserting 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 Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999
(Public Law 105-277) is amended under the heading ``Capitol Police
Board, Security Enhancements'' by inserting before the period at the
end of the paragraph ``: Provided further, That for purposes of
carrying out the plan or plans described under this heading and
consistent with the approval of such plan or plans pursuant to this
heading, the Capitol Police Board shall transfer the portion of the
funds made available under this heading which are to be used for
personnel and overtime increases for the United States Capitol Police
to the heading ``Capitol Police Board, Capitol Police, Salaries'' under
the Act making appropriations for the legislative branch for the fiscal
year involved, and shall allocate such portion between the Sergeant at
Arms of the House of Representatives and the Sergeant at Arms and
Doorkeeper of the Senate in such amounts as may be approved by the
Committee on Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate''.
Sec. 4008. Division B, title 1, chapter 3 of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999
(Public Law 105-277) is amended under the heading ``Family Housing,
Navy and Marine Corps'' by striking the word ``Hurricane'' and
inserting in lieu thereof ``Hurricanes Georges and''.
Sec. 4009. The Department of Transportation and Related Agencies
Appropriations Act, 1999, as contained in division A, section 101(g) of
the Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277), is amended in title I under the heading
``Capital Investment Grants (Including Transfer of Funds)'' within the
project description of project number 127, by inserting the words ``and
bus facilities'' after the word ``replacements'', and within the
project description of project number 261 by striking the words
``Multimodal Center'' and inserting ``buses and bus related
facilities''.
Sec. 4010. The Department of Transportation and Related Agencies
Appropriations Act, 1999, as contained in division A, section 101(g) of
the Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277), is amended in title I under the heading
``Federal-Aid Highways (Limitation on Obligations) (Highway Trust
Fund)'' by striking ``not more than $38,000,000 shall be available for
the implementation and execution of the Ferry Boat and Ferry Terminal
Facility Program'', and inserting 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''.
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 ``statement 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))''.
Sec. 4013. Denali Commission. The Denali Commission Act of 1998
(title III of division C of Public Law 105-277) is amended--
(1) in section 303(b)(1)(D) by striking in two instances
``Alaska Federation or Natives'' and inserting ``Alaska
Federation of Natives'';
(2) in section 303(c) by striking ``Members'' and inserting
``The Federal Cochairperson shall serve for a term of four
years and may be reappointed. All other members'';
(3) in section 306(a) by inserting after the first sentence
the following: ``The Federal Cochairperson shall be compensated
at the annual rate prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States Code.'';
(4) in section 306(c)(2) by striking ``Chairman'' and
inserting ``Federal Cochairperson'';
(5) by inserting at the end of section 306 the following
new subsections:
``(g) Administrative Expenses and Records.--The Commission is
hereby prohibited from using more than 5 percent of the amounts
appropriated under the authority of this Act or transferred pursuant to
section 329 of the Department of Transportation and Related Agencies
Appropriations Act, 1999 (section 101(g) of division A of this Act) for
administrative expenses. The Commission and its grantees shall maintain
accurate and complete records which shall be available for audit and
examination by the Comptroller General 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 further 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 subsection (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 Agencies Appropriations Act, 1999 (Public Law 105-276),
$1,300,000 shall be transferred to the ``state and tribal assistance
grants'' account for a grant for water and wastewater infrastructure
projects in the State of Idaho.
Sec. 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 pursuant 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 rescinded 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 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.
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 authorized for
disposal by the President under subsection (a) is as follows:
Authorized Stockpile Disposal
------------------------------------------------------------------------
Material for disposal Quantity
------------------------------------------------------------------------
Zirconium ore............................. 17,383 short dry tons
------------------------------------------------------------------------
(c) Minimization of Disruption and Loss.--The President may not
dispose of material under subsection (a) to the extent that the
disposal will result in--
(1) undue disruption of the usual markets of producers,
processors, and consumers of the material proposed for
disposal; or
(2) avoidable loss to the United States.
(d) Relationship to Other Disposal Authority.--The disposal
authority provided in subsection (a) is new disposal authority and is
in addition to, and shall not affect, any other disposal authority
provided by law regarding the material specified in such subsection.
(e) National Defense Stockpile Defined.--In this section, the term
``National Defense Stockpile Transaction Fund'' means the fund in the
Treasury of the United States established under section 9(a) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(a)).
Sec. 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 specified in subsection (c).
(b) Covered Claims.--The claims referred to in this subsection are
the claims of the United States against Hunt Building Corporation and
Ellsworth Housing Limited Partnership relating to the design and
construction of an 828-unit family housing project at Ellsworth Air
Force Base, South Dakota.
(c) Specified Uses.--
(1) In general.--Subject to paragraph (2), the amount
referred to in subsection (a) shall be available as follows:
(A) Of the portion of such amount received in
fiscal year 1999--
(i) an amount equal to 3 percent of such
portion shall be credited to the Department of
Justice Working Capital Fund for the civil debt
collection litigation activities of the
Department with respect to the claims referred
to in subsection (b), as provided for in
section 108 of Public Law 103-121 (107 Stat.
1164; 28 U.S.C. 527 note); and
(ii) of the balance of such portion--
(I) an amount equal to \7/8\ of
such balance shall be available to the
Secretary of Transportation for
purposes of construction of an access
road on Interstate Route 90 at Box
Elder, South Dakota (item 1741 of the
table contained in section 1602 of the
Transportation Equity Act for the 21st
Century (Public Law 105-178; 112 Stat.
320)); and
(II) an amount equal to \1/8\ of
such balance shall be available to the
Secretary of the Air Force for purposes
of real property and facility
maintenance projects at Ellsworth Air
Force Base.
(B) Of the portion of such amount received in
fiscal year 2000--
(i) an amount equal to 3 percent of such
portion shall be credited to the Department of
Justice Working Capital Fund in accordance with
subparagraph (A)(i); and
(ii) an amount equal to the balance of such
portion shall be available to the Secretary of
Transportation for purposes of construction of
the access road described in subparagraph
(A)(ii)(I).
(C) Of any portion of such amount received in a
fiscal year after fiscal year 2000--
(i) an amount equal to 3 percent of such
portion shall be credited to the Department of
Justice Working Capital Fund in accordance with
subparagraph (A)(i); and
(ii) an amount equal to the balance of such
portion shall be available to the Secretary of
the Air Force for purposes of real property and
facility maintenance projects at Ellsworth Air
Force Base.
(2) Limitation on availability of funds for access road.--
(A) Limitation.--The amounts referred to in
subparagraphs (A)(ii)(I) and (B)(ii) of paragraph (1)
shall be available as specified in such subparagraphs
only if, not later than September 30, 2000, the South
Dakota Department of Transportation enters into an
agreement with the Federal Highway Administration
providing for the construction of an interchange on
Interstate Route 90 at Box Elder, South Dakota.
(B) Alternative availability of funds.--If the
agreement described in subparagraph (A) is not entered
into by the date referred to in that subparagraph, the
amounts described in that subparagraph shall be
available to the Secretary of the Air Force as of that
date for purposes of real property and facility
maintenance projects at Ellsworth Air Force Base.
(3) Availability of amounts.--
(A) Access road.--Amounts available under this
section for construction of the access road described
in paragraph (1)(A)(ii)(I) are in addition to amounts
available for the construction of that access road
under any other provision of law.
(B) Property and facility maintenance projects.--
Notwithstanding any other provision of law, amounts
available under this section for property and facility
maintenance projects at Ellsworth Air Force Base shall
remain available for expenditure without fiscal year
limitation.
This Act may be cited as the ``Emergency Supplemental
Appropriations Act for Fiscal Year 1999''.
Attest:
Secretary.
106th CONGRESS
1st Session
H. R. 1141
_______________________________________________________________________
AMENDMENT