[Congressional Record (Bound Edition), Volume 145 (1999), Part 4]
[Senate]
[Pages 5615-5619]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 AMENDMENTS SUBMITTED ON MARCH 23, 1999

                                 ______
                                 

     EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR FISCAL YEAR 1999

                                 ______
                                 

                       BINGAMAN AMENDMENT NO. 125

  Mr. STEVENS (for Mr. Bingaman) proposed an amendment to the bill (S. 
544) making emergency supplemental appropriations and rescissions for 
recovery from natural disasters, and foreign assistance, for the fiscal 
year ending September 30, 1999, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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 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.

[[Page 5616]]

       (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.
                                 ______
                                 

                  LEAHY (AND OTHERS) AMENDMENT NO. 126

  Mr. STEVENS (for Mr. Leahy for himself, Mr. Jeffords, and Ms. 
Collins) proposed an amendment to the bill, S. 544, supra; as follows:

       On page 2, between lines 20 and 21, insert the following:


                     Agricultural Marketing Service

       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 
     Congress as an emergency requirement under section 
     251(b)(2)(A) of such Act.
       On page 37, between lines 9 and 10, insert the following:

                          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.
                                 ______
                                 

                 LINCOLN (AND OTHERS) AMENDMENT NO. 127

  Mr. STEVENS (for Mrs. Lincoln for herself, Mr. Hutchinson, and Mr. 
Wyden) proposed an amendment to the bill, S. 544, supra; as follows:

       On page 7, between lines 8 and 9, insert the following:

                    GENERAL PROVISION, THIS CHAPTER

       Sec. __. 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.
                                 ______
                                 

                        GRAMM AMENDMENT NO. 128

  Mr. GRAMM proposed an amendment to the bill, S. 544, supra; as 
follows:

       At the end of the bill, add the following:
       Sec.  . (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.
                                 ______
                                 

                        GRAMM AMENDMENT NO. 129

  Mr. GRAMM proposed an amendment to amendment No. 128 proposed by him 
to the bill, S. 544, supra; as follows:

       At the end of the bill, add the following:
       Sec.  . (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.
                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 130

  Mr. MURKOWSKI proposed an amendment to the bill, S. 544, supra; as 
follows:

       At the appropriate place in the bill, insert the following:
       Sec.  . 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.''
                                 ______
                                 

                  ROBB (AND OTHERS) AMENDMENT NO. 131

  Mr. ROBB (for himself, Ms. Snowe, Mr. Leahy, Mr. Bingaman, Ms. 
Feinstein, and Mr. Kerrey) proposed an amendment to the bill, S. 544, 
supra; as follows:

       On page 27, between lines 11 and 12, insert the following:
       Sec. 203. (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 Navy for operation and 
     maintenance for fiscal year 1999 or other unexpended balances 
     from prior years, the Secretary shall make available $40 
     million 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 damage 
     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).
                                 ______
                                 

                        HELMS AMENDMENT NO. 132

  Mr. STEVENS (for Mr. Helms) proposed an amendment to the bill, S. 
544, supra; as follows:


[[Page 5617]]

       On page 30, between lines 10 and 11, insert the following:

                               CHAPTER 7

                   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.
                                 ______
                                 

                       GRASSLEY AMENDMENT NO. 133

  Mr. STEVENS (for Mr. Grassley) proposed an amendment to the bill, S. 
544, supra; as follows:

       At the appropriate place, insert the following:
       On page 24, line 2, after ``expended.'' insert the 
     following: ``Provided further, 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.''
       On page 38, line 13, strike ``$2,000,000'' and insert 
     ``$1,000,000''.
                                 ______
                                 

                       STEVENS AMENDMENT NO. 134

  Mr. STEVENS proposed an amendment to the bill, S. 544, supra; as 
follows:

       On page 27, line 12, insert the following:
       Sec.   . Notwithstanding any other provision of law, a 
     military technician (dual status) (as defined in section 
     10216 of title 10) performing active duty without pay while 
     on leave from technician employment under section 6323(d) of 
     title 5 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.
                                 ______
                                 

                       STEVENS AMENDMENT NO. 135

  Mr. STEVENS proposed an amendment to the bill, S. 544, supra; as 
follows:

       At the end of Title II of the bill insert the following:
       ``Sec.   . 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, P.L. 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.''
                                 ______
                                 
      GREGG AMENDMENT NO. 136
  Mr. STEVENS (for Mr. Gregg) proposed an amendment to the bill, S. 
544, supra; as follows:

       At the appropriate place in title II insert:
       Sec.   . 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)''.
                                 ______
                                 

                       DASCHLE AMENDMENT NO. 137

  Mr. STEVENS (for Mr. Daschle) proposed an amendment to the bill, S. 
544, supra; as follows:

       At the appropriate place at the end of Title II, insert:
       Sec.   . 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.
                                 ______
                                 

                       STEVENS AMENDMENT NO. 138

  Mr. STEVENS proposed an amendment to the bill, S. 544, supra; as 
follows:

       In the appropriate place in the bill, insert the following 
     new section:

     ``SEC.   . 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 non-governmental lessor to a non-government 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) above, and
       (2) any payments required under a lease under this section, 
     and any payments made pursuant to subsection (d) above, 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 effect the authority of the Secretary to procure 
     transportation or enter into leases under a provision of law 
     other than this section.''.
                                 ______
                                 

                 ENZI (AND BINGAMAN) AMENDMENT NO. 139

  Mr. STEVENS (for Mr. Enzi for himself and Mr. Bingaman) proposed an 
amendment to the bill, S t44, supra; as follows:

       At the appropriate place in title II of the bill, insert 
     the following:
       ``Sec.   . 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 Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A) of 
     such Act.'' and;
       An additional amount of $250,000,000 is rescinded as 
     provided in Section 3002 of this Act.

[[Page 5618]]


                                 ______
                                 

                BINGAMAN (AND OTHERS) AMENDMENT NO. 140

  Mr. STEVENS (for Mr. Bingaman for himself, Mr. Enzi, and Mr. 
Domenici) proposed an amendment to the bill, S. 544, supra; as follows:

       At the appropriate place in title II of the bill, insert 
     the following:

     ``SEC.   . 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--
       ``(A) increase oil or gas production from existing wells on 
     public land;
       ``(B) drill new oil or gas wells on existing leases on 
     public land; or
       ``(C) 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; and
       An additional amount of $125,000,000 is rescinded as 
     provided in Section 3002 of this Act.
                                 ______
                                 

                DOMENICI (AND OTHERS) AMENDMENT NO. 141

  Mr. STEVENS (for Mr. Domenici for himself, Ms. Landrieu, Mr. 
Murkowski, Mrs. Hutchison, and Mr. Bingaman) proposed an amendment to 
the bill, S. 544, supra; as follows:

       On page 23, between lines 8 and 9, insert the following:

     SEC. __. 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 
     by-products 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 1 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

[[Page 5619]]

     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 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 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 Congress a budget request that includes 
     designation of the entire amount of the request as an 
     emergency requirement.
                                 ______
                                 

                         LOTT AMENDMENT NO. 142

  Mr. STEVENS (for Mr. Lott) proposed an amendment to the bill, S. 544, 
supra; as follows:

       At the appropriate place, insert the following: ``that the 
     presiding officer of the Senate should apply all precedents 
     of the Senate under Rule 16, in effect at the conclusion of 
     the 103rd Congress.''

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