Bill summaries are authored by CRS.

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Passed Senate amended (03/23/1999)

TABLE OF CONTENTS:

Title I: Emergency Supplemental Appropriations

Chapter 1: Department of Agriculture

Chapter 2: Funds Appropriated to the President

Chapter 3: Department of the Interior; Other Related

Agency

Chapter 4: Independent Agency

Title II: Supplemental Appropriations

Chapter 1: Department of Justice; Department of

Commerce; Department of State; The Judiciary

Chapter 2: Department of Defense--Military

Chapter 3: Department of the Interior; Department of

Agriculture

Chapter 4: Related Agency

Chapter 5: Department of Defense

Chapter 6: Department Of Housing and Urban Development

Chapter 7: Department of Defense Civil

Chapter 8: Executive Office of the President and Funds

Appropriated to the President

Chapter 9: Department of State Related Agency

Title III: Rescissions and Offsets

Chapter 1: Department of Agriculture

Chapter 2: Department of Justice; Department of

Commerce; Department of State and Related Agencies

Chapter 3: Department of Defense--Military

Chapter 4: Bilateral Economic Assistance; Multilateral

Economic Assistance

Chapter 5: Department of the Interior

Chapter 6: Department of Labor; Department of Education

Chapter 7: Department of Defense

Chapter 8: Department of Housing and Urban Development;

Environmental Protection Agency

Chapter 9: Department of Defense Civil

Chapter 10: Executive Office of the President and Funds

Appropriated to the President

Title IV: Technical Corrections

Title V: Miscellaneous

Emergency Supplemental Appropriations Act for Fiscal Year 1999 - Makes emergency supplemental appropriations and rescissions for recovery from natural disasters and foreign assistance, for FY 1999.

Title I: Emergency Supplemental Appropriations - Chapter 1- Makes emergency supplemental appropriations to the Department of Agriculture for: (1) the Office of the Secretary of Agriculture, for emergency grants to assist low-income migrant and seasonal farm workers; (2) the Farm Service Agency, for salaries and expenses, the Agricultural Credit Insurance Fund program account, and the Emergency Conservation Program; (3) the Commodity Credit Corporation Fund, for a livestock indemnity program; (4) the Natural Resources Conservation Service, for Watershed and Flood Prevention Operations; and (5) the Rural Housing Service, for the Rural Housing Insurance Fund program account and for rural housing assistance grants.

Chapter 2 - Makes emergency supplemental appropriations to the President for : (1) the Agency for International Development, for the Central America and the Caribbean Emergency Disaster Recovery Fund to provide relief from the effects of the hurricanes in Central America and the Caribbean and the earthquake in Colombia, international disaster assistance, and other bilateral economic assistance; and (2) the Foreign Military Financing Program.

Makes emergency supplemental appropriations to the Department of the Treasury for debt restructuring, allowing a specified amount to be used for a contribution to the Central America Emergency Trust Fund, administered by the International Bank for Reconstruction and Development.

Provides that the value of articles, services, and military education and training authorized as of a specified date to be drawn down by the President under certain provisions of the Foreign Assistance Act of 1961 shall not be counted against the ceiling limitation.

Chapter 3 - Makes emergency supplemental appropriations to: (1) the Department of the Interior, for construction by the U.S. Fish and Wildlife Service; and (2) the U.S. Holocaust Memorial Council.

Chapter 4 - Makes emergency supplemental appropriations to the Federal Emergency Management Agency for disaster assistance for unmet needs.

(Sec. 1401) Emergency Steel Loan Guarantee Act of 1999 - Establishes the Emergency Steel Guaranteed Loan Program, to be administered by a Loan Guarantee Board, to provide loan guarantees to qualified steel companies. Sets limits on loan duration and on the aggregate amounts of loans and guarantees outstanding at any one time under the program or with respect to a single qualified company. Designates the entire amount made available for the program as an emergency requirement.

(Sec. 1402) Emergency Oil and Gas Guaranteed Loan Program Act - Establishes: (1) the Emergency Oil and Gas Guaranteed Loan Program, to be administered by a Loan Guarantee Board, composed of the Secretaries of Commerce, Labor, and the Treasury. Authorizes the Program to guarantee loans provided to qualified oil and gas companies by private banking and investment institutions. Sets forth requirements relating to such loan guarantees, including limits on total and individual loan guarantees, a minimum guarantee amount, Board determinations with respect to certain preconditions, terms and fees, and reports. Designates the entire amount made available for the program as an emergency requirement.

(Sec. 1403) Allows a deduction for crude oil and natural gas production. Directs the Secretary of the Interior to 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. Terminates such deduction after: (1) September 30, 2000; (2) the 30th 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 million. Makes appropriations to the Secretary in a specified amount for administrative expenses. Provides that the entire amount relating to such deductions shall be available only if the President requests and Congress designates $125 million as an emergency requirement. Rescinds an additional $125 million of previous non- military emergency supplemental appropriations, as provided under specified rescission provisions of title III of this Act.

Title II: Supplemental Appropriations - Chapter 1 - Makes emergency supplemental appropriations to: (1) the Department of Justice for the Immigration and Naturalization Service's salaries and expenses for enforcement and border affairs; (2) Department of Commerce for the National Oceanic and Atmospheric Administration's operations, research, and facilities; and (3) the U.S. Supreme Court.

Chapter 2 - Makes emergency supplemental appropriations to the Department of Defense: (1) for military personnel of the Army Reserve, Army National Guard, and Air Force National Guard; (2) operation and maintenance, defense-wide and for the Army, Navy, Air Force, and Army National Guard; (3) overseas humanitarian, disaster, and civic aid; and (4) the New Horizons Exercise transfer fund.

(Sec. 2201) Allows a specified portion of appropriations for defense-wide operation and maintenance, under the Department of Defense Appropriations Act, 1999 (Public Law 105-262), to be made available for a grant to a consortium of non-profit, higher education institutions to create a computer network to enhance teaching and learning opportunities in science, technology, and communications.

(Sec. 2202) Revises specified Federal law to raise the ceiling on the number of persons from a foreign country who may enter the U.S. Military Academy, Naval Academy, or Air Force Academy.

(Sec. 2203) Authorizes the Secretary of Defense to make payments from Navy Department funds for the settlement of the claims arising from the deaths caused by the accident involving a U.S. Marine Corps aircraft on February 3, 1998, near Cavalese, Italy.

(Sec. 2204) Permits per diem allowances, in lieu of commutation for subsistence and quarters, for dual status military technicians performing active duty without pay while on leave from technician employment.

(Sec. 2205) Authorizes the Secretary of the Air Force to carry out an operational support aircraft multi-year leasing demonstration project.

Chapter 3 - Makes emergency supplemental appropriations to the Department of the Interior for: (1) the Bureau of Indian Affairs operation of Indian programs, for suppression of western spruce budworm (transferring funds from previous appropriations for Forest Service wildland fire management); (2) the Bureau of Land Management for its management of lands and resources through the Automated Land and Mineral Record System; (3) the Office of the Special Trustee for American Indians Federal Trust programs activities under the Trust Management Improvement Project High Level Implementation Plan; and (4) the Bureau of Reclamation for emergency repairs to the Headgate Rock Hydroelectric Project.

Requires transfer to the Knudson-Vandenberg fund of specified funds made available for the Department of Agriculture's Forest Service wildland fire management.

Chapter 4 - Makes emergency supplemental appropriations to the Corporation for Public Broadcasting's National Public Radio, for acquisition of satellite capacity for the Public Radio Satellite System.

Chapter 5 - Makes emergency supplemental appropriations to the Department of Defense, for military construction, Army National Guard, for incremental costs due to Hurricane Georges.

Chapter 6 - Extends the period of availability for specified funds for management and administration of the Office of Inspector General, Department of Housing and Urban Development.

Chapter 7 - Makes emergency supplemental appropriations to the Department of Defense, Civil, Army Corps of Engineers for technical assistance related to shoreline erosion at Lake Tahoe, Nevada.

Chapter 8 - Makes emergency supplemental appropriations to the President for the following Federal drug control activities: (1) inclusion of the New Mexico counties of Rio Arriba, Santa Fe, and San Juan in the Southwest Border High Intensity Drug Trafficking Area; and (2) national methamphetamine reduction efforts.

Chapter 9 - Makes emergency supplemental appropriations to the U.S. Commission on International Religious Freedom.

(Sec. 2301) Amends the Department of the Interior and Related Agencies Appropriations Act, 1999, which is a specified part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (OCESAA), to provide for direct payment to Auburn University, Alabama, of funds appropriated for Forest Service construction of a new forestry research facility there, in a limited amount prior to October 1, 1999. Requires Auburn University to provide rent-free any additional space within such new facility that the Forest Service may need for collaborative laboratory activities.

(Sec. 2302) Prohibits the Secretary of the Interior from using funds under this or any other Act to issue and finalize a rule to revise a specified regulation or the Draft Environmental Impact Statement on Surface Management Regulations for Locatable Mineral Operations, unless a minimum 120-day period has been provided for accepting public comment on such proposed rule after a required report of the National Academy of Sciences' Committee on Hardrock Mining on Federal Lands is submitted to the appropriate Federal agencies, Congress, and the Governors of the affected States.

(Sec. 2303) Authorizes the Attorney General to transfer, from any funds available to the Department of Justice, a limited amount of additional funds to the Civil Liberties Public Education Fund to pay restitution to individuals who are : (1) eligible under the Civil Liberties Act of 1988 and have filed timely claims for the restitution; or (2) found eligible under the settlement agreement in the case of Carmen Mochizuki et al. v. United States and filed timely claims covered by the agreement.

(Sec. 2304) Revises a specified part of OCESAA to prohibit charging against a program of honey recourse loans any administrative costs other than those necessary for such program's operation.

(Sec. 2305) Prohibits use of funds in this or any other Act to issue a notice of final rulemaking with respect to the valuation of crude oil for royalty purposes, including a rulemaking derived from specified proposed rules, until October 1, 1999, or until there is a negotiated agreement on the rule.

(Sec. 2306) Requires a certain amount of funds for sewer infrastructure needs associated with the 2002 Winter Olympic Games to be awarded to Wasatch County, Utah, for both water and sewer.

(Sec. 2307) Prohibits the Department of the Interior, for the remainder of FY 1999, from using any funds to implement a Secretarial Order regarding the Reorganization of the Office of the Special Trustee for American Indians. Requires that FY 1999 appropriations for reforming trust funds management practices continue to be administered as if such Order had not been issued.

(Sec. 2308) Revises specified Federal law, as amended by OCESAA, to extend the authorization of appropriations and the obligational authority for the Airport Improvement Program.

Amends the Department of Transportation and Related Agencies Appropriations Act, 1999, under OCESAA, to provide that a specified maximum amount of funds, which are limited under provisions for liquidation of contract authorization, 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) Extends through FY 1999 the period of reenactment, under OCESAA, of specified Federal bankruptcy law relating to family farmers.

(Sec. 2310) Amends the Consolidated Farm and Rural Development Act to revise: (1) debt service margin requirements; and (2) a formula used in loan restructuring determinations.

(Sec. 2311) Amends the Social Security Act to prohibit treatment of funds recovered or paid from tobacco companies to a State, in a comprehensive or individual State settlement or court judgment, as an overpayment under Medicaid. Allows States to use such funds for any expenditures they deem appropriate, but prohibits certain payments for administrative expenses incurred in pursuing such tobacco litigation.

(Sec. 2312) Extends the Aviation Insurance Program.

(Sec. 2314) Makes the taking of a Cook Inlet beluga whale, even under a specified exemption, a violation of the Marine Mammal Protection Act, unless such taking occurs pursuant to a cooperative agreement between the National Marine Fisheries Service and Cook Inlet Marine Mammal Council, until October 1, 2000.

(Sec. 2315) Requires funds provided in the Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 for the construction of a correctional facility in Barrow, Alaska, to be made available to the North Slope Borough.

(Sec. 2316) Amends the Natural Gas Policy Act of 1978 to prohibit ordering any interest or penalties with respect to ordered refunds of rates or charges made, demanded, or received for reimbursement of State ad valorem taxes in connection with the sale of natural gas before 1989.

(Sec. 2318) Prohibits the Secretary of Agriculture, in making loan deficiency payments to producers of club wheat, from assessing an adjustment 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. Requires retroactive payments to club wheat producers that received discounted loan deficiency payments due to such premium adjustments. Requires such retroactive payments to come from funds available for marketing assistance loans and loan deficiency payments under the Agricultural Market Transition Act.

(Sec. 2319) Amends the Department of the Interior and Related Agencies Appropriations Act, 1999 to revise provisions relating to Glacier Bay National Park and Dungeness crab fishermen, and adds provisions with respect to others affected by fishery closures and restrictions there. Authorizes the Secretary of the Interior to provide funds for a program developed with the concurrence of the State of Alaska to fairly compensate U.S. fish processors, fishing vessel crew members, communities, and others negatively affected by restrictions on fishing in Glacier Bay National Park.

(Sec. 2320) Directs the Secretary of Education to provide specified funds for repair of water damage at the White River High School in South Dakota.

(Sec. 2321) Applies a type of civil service personnel treatment to certain fire fighters who had a regular tour of duty that averaged more than 60 hours per week; and (2) before December 31, 1999, are involuntarily moved without a break in service to a regular tour of duty that averages 60 hours or less per week and does not include a basic 40-hour workweek.

(Sec. 2322) Expresses the sense of the Senate that the pending license for the sale of United States wheat and other agricultural commodities to Iran be approved by the administration.

(Sec. 2323) Prohibits the Secretary of the Interior, prior to eight months after Congress receives the report of the National Gambling Impact Study Commission, from: (1) promulgating as final regulations, or in any way implementing, certain proposed regulations; (2) issuing 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, 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 to compel the State to participate in compact negotiations for class III gaming; or (3) approving class III gaming on Indian lands by any means other than a Tribal-State compact entered into between a State and a tribe.

(Sec. 2324) Expresses the sense of the Senate that the Health Care Financing Administration (HCFA) should evaluate and monitor the use of the sequential billing policy in making payments to home health agencies under the Medicare program, and ensure that contract fiscal intermediaries: (1) are timely in their random medical review of such agencies' reimbursement claims; (2) adhere to the HCFA ten percent limit on number of any one agency's claims held for review; and (3) consider and implement constructive alternatives, such as expedited reviews for agencies with no history of billing problems.

(Sec. 2325) Requires direct, lump-sum payments of specified amounts for: (1) construction of the Pike's Peak Summit House; and (2) the Borough of Ketchikan's participation in a study of the feasibility and dynamics of manufacturing veneer products in Southeast Alaska.

(Sec. 2326) Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 to prohibit any use of funds to issue or renew a fishing permit or authorization for any U.S. fishing vessel 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, to engage in fishing for Atlantic mackerel or herring, 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 the Magnuson-Stevens Fishery Conservation and Management Act to allow such vessel to engage in fishing for Atlantic mackerel or herring.

(Sec. 2327) Directs the Corps of Engineers to reprogram a specified amount of its FY 1999 funds 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) Prohibits the Secretary of the Interior from expending any funds 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, 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 - Rescinds a specified amount of funds from the Department of Agriculture's Food and Nutrition Service food stamp program.

Chapter 2 - Rescinds specified amounts of funds from the Department of Justice's: (1) Office of Inspector General; and (2) Immigration and Naturalization Service, for salaries and expenses for enforcement and border affairs, and for citizenship and benefits, immigration support, and program direction.

Rescinds specified amounts of funds from the Department of Commerce's National Oceanic and Atmospheric Administration, for operations, research and facilities procurement, acquisition, and construction.

Rescinds specified amounts of funds from the Department of State and related agencies, for international organizations and conferences, including contributions to international organizations, contributions for international peacekeeping activities, and international broadcasting operations.

Chapter 3 - Rescinds a specified amount of funds from the Department of Defense for military operation and maintenance defense-wide.

Chapter 4 - Rescinds specified amounts, from bilateral economic assistance funds appropriated to the President, for: (1) Haiti; (2) Bosnia and Herzegovina; and (3) Russia.

Rescinds specified amounts, from multilateral economic assistance funds appropriated to the President, from: (1) the contribution to the International Bank for Reconstruction and Development's global environment facility; and (2) international organizations and programs.

Chapter 5 - Rescinds a specified amount of funds from the Department of the Interior's Bureau of Land Management's management of lands and resources.

Chapter 6 - Reduces the amount of specified funds for the Department of Labor's Employment and Training Administration's State unemployment insurance and employment service operations.

Defers the availability for obligation of specified amounts of funds for the Department of Health and Human Services' Administration for Children and Families' Temporary Assistance for Needy Families program.

Rescinds a specified amount of funds from the Department of Education for education research, statistics, and improvement.

Chapter 7 - Rescinds a specified amount of funds from the Department of Defense's Base Realignment and Closure Account, Part IV.

Chapter 8 - Rescinds a specified amount of funds from the Department of Housing and Urban Development for community development block grants.

Rescinds a specified amount from the Environmental Protection Agency funds for research associated with the Climate Technology Initiative.

Chapter 9 - Rescinds a specified amount from Corps of Engineers funds for construction relating to the Lackawanna River, Scranton, Pennsylvania.

Chapter 10 - Rescinds a specified amount from the President's funds for Federal drug control programs.

(Sec. 3001) Repeals OCESAA provisions for FY 1999 emergency supplemental appropriations for the Agricultural Research Service of the Department of Agriculture for counterdrug research and development activities.

(Sec. 3002) Rescinds a specified amount of funds appropriated with an emergency designation in OCESAA emergency supplemental provisions, other than those appropriated to the Department of Defense--Military. Requires such reductions to be applied proportionally to each appropriation account and budget activity being reduced.

(Sec. 3003) Rescinds a specified amount of FY 1999 funds from the non-defense discretionary category, as a result of revised economic assumptions from inflation adjusted accounts.

(Sec. 3004) Directs the Inspector General of the Department of Housing and Urban Development (HUD) and the Comptroller General to audit, and report to Congress on, HUD's compliance with the Department of Housing and Urban Development Reform Act of 1989 over the last two years.

Title IV: Technical Corrections - Revises and makes technical corrections to various Acts contained in OCESAA, including: (1) the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999; (2) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (and provisions of the International Financial Institutions Act added by such Act); (3) the Department of the Interior and Related Agencies Appropriations Act, 1999; (4) the Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act, 1999; (5) the Department of Transportation and Related Agencies Appropriations Act, 1999; (6) the Department of Justice Appropriations Act, 1999; and (7) the Denali Commission Act of 1998. Revises and makes other technical corrections to the Stewart B. McKinney Homeless Assistance Act, the Legislative Branch Appropriations Act, 1999, the American Fisheries Act, and the Federal Vacancies Reform Act of 1998.

Title V: Miscellaneous - Authorizes the President to dispose of a specified quantity of zirconium ore in the National Defense Stockpile, unless such 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.

(Sec. 5002) Requires amounts received by the United States in settlement of its claims against Hunt Building Corporation and Ellsworth Housing Limited Partnership relating to the design and construction of a family housing project at Ellsworth Air Force Base, South Dakota, to be available in specified portions for certain fiscal years to: (1) the Secretary of the Air Force for real property and facility maintenance projects at Ellsworth Air Force Base; (2) the Secretary of Transportation for construction of an access road on Interstate Route 90 at Box Elder, South Dakota; and (3) the Department of Justice Working Capital Fund for the civil debt collection litigation activities with respect to such claims.