Attachment E - Government Paperwork Elimination Act (GPEA), Public Law 105-277

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PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681

*Public Law 105–277
105th Congress
An Act
Making omnibus consolidated and emergency appropriations for the fiscal year
ending September 30, 1999, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
DIVISION A—OMNIBUS CONSOLIDATED APPROPRIATIONS
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the several departments, agencies, corporations and other organizational units of the
Government for the fiscal year 1999, and for other purposes, namely:
SEC. 101. (a) For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999, provided as follows,
to be effective as if it had been enacted into law as the regular
appropriations Act:
AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes.

TITLE I
AGRICULTURAL PROGRAMS
PRODUCTION, PROCESSING, AND MARKETING
OFFICE OF THE SECRETARY
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of the Secretary of Agriculture, and not to exceed $75,000 for employment under 5 U.S.C.
3109, $2,836,000: Provided, That not to exceed $11,000 of this
amount, along with any unobligated balances of representation
funds in the Foreign Agricultural Service, shall be available for
official reception and representation expenses, not otherwise provided for, as determined by the Secretary: Provided further, That
none of the funds appropriated or otherwise made available by
this Act may be used to pay the salaries and expenses of personnel
of the Department of Agriculture to carry out section 793(c)(1)(C)
of Public Law 104–127: Provided further, That none of the funds
made available by this Act may be used to enforce section 793(d)
of Public Law 104–127.
*Note: This is a typeset print of the original hand enrollment as signed by the President on
October 21, 1998. The text is printed without corrections.

Oct. 21, 1998
[H.R. 4328]
Omnibus
Consolidated and
Emergency
Supplemental
Appropriations
Act, 1999.

Agriculture,
Rural
Development,
Food and Drug
Administration,
and Related
Agencies
Appropriations
Act, 1999.

112 STAT. 2681–1

PUBLIC LAW 105–277—OCT. 21, 1998
EXECUTIVE OPERATIONS
CHIEF ECONOMIST

For necessary expenses of the Chief Economist, including economic analysis, risk assessment, cost-benefit analysis, and the functions of the World Agricultural Outlook Board, as authorized by
the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), and including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$5,000 is for employment under 5 U.S.C. 3109, $5,620,000.
NATIONAL APPEALS DIVISION

For necessary expenses of the National Appeals Division,
including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not
to exceed $25,000 is for employment under 5 U.S.C. 3109,
$11,718,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program
Analysis, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $5,000 is for employment under 5 U.S.C.
3109, $6,120,000.
OFFICE OF THE CHIEF INFORMATION OFFICER
For necessary expenses of the Office of the Chief Information
Officer, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $10,000 is for employment under 5 U.S.C.
3109, $5,551,000.
OFFICE OF THE CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Financial
Officer, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $10,000 is for employment under 5 U.S.C.
3109, $4,283,000: Provided, That the Chief Financial Officer shall
actively market cross-servicing activities of the National Finance
Center.
OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION
For necessary salaries and expenses of the Office of the Assistant Secretary for Administration to carry out the programs funded
by this Act, $613,000.
AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS
(INCLUDING TRANSFERS OF FUNDS)

For payment of space rental and related costs pursuant to
Public Law 92–313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General Services

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–2

to the Department of Agriculture under 40 U.S.C. 486, for programs
and activities of the Department which are included in this Act,
and for the operation, maintenance, and repair of Agriculture buildings, $132,184,000: Provided, That in the event an agency within
the Department should require modification of space needs, the
Secretary of Agriculture may transfer a share of that agency’s
appropriation made available by this Act to this appropriation,
or may transfer a share of this appropriation to that agency’s
appropriation, but such transfers shall not exceed 5 percent of
the funds made available for space rental and related costs to
or from this account. In addition, for construction, repair, improvement, extension, alteration, and purchase of fixed equipment or
facilities as necessary to carry out the programs of the Department,
where not otherwise provided, $5,000,000, to remain available until
expended; making a total appropriation of $137,184,000.
HAZARDOUS WASTE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Department of Agriculture, to
comply with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act, 42
U.S.C. 9607(g), and section 6001 of the Resource Conservation
and Recovery Act, 42 U.S.C. 6961, $15,700,000, to remain available
until expended: Provided, That appropriations and funds available
herein to the Department for Hazardous Waste Management may
be transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal
and non-Federal lands.
DEPARTMENTAL ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)

For Departmental Administration, $32,168,000, to provide for
necessary expenses for management support services to offices of
the Department and for general administration and disaster
management of the Department, repairs and alterations, and other
miscellaneous supplies and expenses not otherwise provided for
and necessary for the practical and efficient work of the Department, including employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which
not to exceed $10,000 is for employment under 5 U.S.C. 3109:
Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses incident
to the holding of hearings as required by 5 U.S.C. 551–558.
OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$3,000,000, to remain available until expended.

112 STAT. 2681–3

PUBLIC LAW 105–277—OCT. 21, 1998

OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL
RELATIONS
(INCLUDING TRANSFERS OF FUNDS)

For necessary salaries and expenses of the Office of the Assistant Secretary for Congressional Relations to carry out the programs
funded by this Act, including programs involving intergovernmental
affairs and liaison within the executive branch, $3,668,000: Provided, That no other funds appropriated to the Department by
this Act shall be available to the Department for support of activities
of congressional relations: Provided further, That not less than
$2,241,000 shall be transferred to agencies funded by this Act
to maintain personnel at the agency level.
OFFICE OF COMMUNICATIONS
For necessary expenses to carry on services relating to the
coordination of programs involving public affairs, for the dissemination of agricultural information, and the coordination of information,
work, and programs authorized by Congress in the Department,
$8,138,000, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $10,000 shall be available for employment
under 5 U.S.C. 3109, and not to exceed $2,000,000 may be used
for farmers’ bulletins.
OFFICE OF THE INSPECTOR GENERAL
(INCLUDING TRANSFERS OF FUNDS)

7 USC 2270a.

For necessary expenses of the Office of the Inspector General,
including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector
General Act of 1978, $65,128,000, including such sums as may
be necessary for contracting and other arrangements with public
agencies and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978, including a sum not to exceed
$50,000 for employment under 5 U.S.C. 3109; and including a
sum not to exceed $100,000 for certain confidential operational
expenses, including the payment of informants, to be expended
under the direction of the Inspector General pursuant to Public
Law 95–452 and section 1337 of Public Law 97–98: Provided, That
for fiscal year 1999 and thereafter, funds transferred to the Office
of the Inspector General through forfeiture proceedings or from
the Department of Justice Assets Forfeiture Fund or the Department of the Treasury Forfeiture Fund, as a participating agency,
as an equitable share from the forfeiture of property in investigations in which the Office of the Inspector General participates,
or through the granting of a Petition for Remission or Mitigation,
shall be deposited to the credit of this account for law enforcement
activities authorized under the Inspector General Act of 1978, to
remain available until expended.
OFFICE OF THE GENERAL COUNSEL
For necessary expenses of the Office of the General Counsel,
$29,194,000.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–4

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND
ECONOMICS
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer
the laws enacted by the Congress for the Economic Research Service, the National Agricultural Statistics Service, the Agricultural
Research Service, and the Cooperative State Research, Education,
and Extension Service, $540,000.
ECONOMIC RESEARCH SERVICE
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627) and other
laws, $65,757,000: Provided, That $2,000,000 shall be transferred
to and merged with the appropriation for ‘‘Food and Nutrition
Service, Food Program Administration’’ for studies and evaluations:
Provided further, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of
the Organic Act of 1944 (7 U.S.C. 2225).
NATIONAL AGRICULTURAL STATISTICS SERVICE
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, including crop and livestock estimates, statistical coordination and
improvements, marketing surveys, and the Census of Agriculture,
as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C.
1621–1627), the Census of Agriculture Act of 1997 (Public Law
105–113), and other laws, $103,964,000, of which up to $23,599,000
shall be available until expended for the Census of Agriculture:
Provided, That this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic
Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be
available for employment under 5 U.S.C. 3109.
AGRICULTURAL RESEARCH SERVICE
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration relating
to production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange,
or purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value or
shall be equalized by a payment of money to the grantor which
shall not exceed 25 percentof the total value of the land or interests
transferred out of Federal ownership, $785,518,000: Provided, That
appropriations hereunder shall be available for temporary employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $115,000
shall be available for employment under 5 U.S.C. 3109: Provided
further, That appropriations hereunder shall be available for the

7 USC 2254.

112 STAT. 2681–5

PUBLIC LAW 105–277—OCT. 21, 1998

operation and maintenance of aircraft and the purchase of not
to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any
one building shall not exceed $250,000, except for headhouses or
greenhouses which shall each be limited to $1,000,000, and except
for ten buildings to be constructed or improved at a cost not to
exceed $500,000 each, and the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building or $250,000, whichever is greater:
Provided further, That the limitations on alterations contained in
this Act shall not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the
Beltsville Agricultural Research Center, including an easement to
the University of Maryland to construct the Transgenic Animal
Facility which upon completion shall be accepted by the Secretary
as a gift: Provided further, That the foregoing limitations shall
not apply to replacement of buildings needed to carry out the
Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That
funds may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural
Research Service, as authorized by law.
None of the funds in the foregoing paragraph shall be available
to carry out research related to the production, processing or
marketing of tobacco or tobacco products.
In fiscal year 1999, the agency is authorized to charge fees,
commensurate with the fair market value, for any permit, easement,
lease, or other special use authorization for the occupancy or use
of land and facilities (including land and facilities at the Beltsville
Agricultural Research Center) issued by the agency, as authorized
by law, and such fees shall be credited to this account and shall
remain available until expended for authorized purposes.
BUILDINGS AND FACILITIES

For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities
as necessary to carry out the agricultural research programs of
the Department of Agriculture, where not otherwise provided,
$56,437,000, to remain available until expended (7 U.S.C. 2209b):
Provided, That funds may be received from any State, other political
subdivision, organization, or individual for the purpose of establishing any research facility of the Agricultural Research Service, as
authorized by law.
COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION
SERVICE
RESEARCH AND EDUCATION ACTIVITIES

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other
expenses, including $180,545,000 to carry into effect the provisions
of the Hatch Act (7 U.S.C. 361a–i); $21,932,000 for grants for
cooperative forestry research (16 U.S.C. 582a–a7); $29,676,000 for

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–6

payments to the 1890 land-grant colleges, including Tuskegee
University (7 U.S.C. 3222); $63,116,000 for special grants for agricultural research (7 U.S.C. 450i(c)); $15,048,000 for special grants
for agricultural research on improved pest control (7 U.S.C. 450i(c));
$119,300,000 for competitive research grants (7 U.S.C. 450i(b));
$5,109,000 for the support of animal health and disease programs
(7 U.S.C. 3195); $750,000 for supplemental and alternative crops
and products (7 U.S.C. 3319d); $600,000 for grants for research
pursuant to the Critical Agricultural Materials Act of 1984 (7 U.S.C.
178) and section 1472 of the Food and Agriculture Act of 1977
(7 U.S.C. 3318), to remain available until expended; $3,000,000
for higher education graduate fellowship grants (7 U.S.C.
3152(b)(6)), to remain available until expended (7 U.S.C. 2209b);
$4,350,000 for higher education challenge grants (7 U.S.C.
3152(b)(1)); $1,000,000 for a higher education multicultural scholars
program (7 U.S.C. 3152(b)(5)), to remain available until expended
(7 U.S.C. 2209b); $2,850,000 for an education grants program for
Hispanic-serving Institutions (7 U.S.C. 3241); $500,000 for a secondary agriculture education program and two-year postsecondary education (7 U.S.C. 3152 (h)); $4,000,000 for aquaculture grants (7
U.S.C. 3322); $8,000,000 for sustainable agriculture research and
education (7 U.S.C. 5811); $9,200,000 for a program of capacity
building grants (7 U.S.C. 3152(b)(4)) to colleges eligible to receive
funds under the Act of August 30, 1890 (7 U.S.C. 321–326 and
328), including Tuskegee University, to remain available until
expended (7 U.S.C. 2209b); $1,552,000 for payments to the 1994
Institutions pursuant to section 534(a)(1) of Public Law 103–382;
and $10,688,000 for necessary expenses of Research and Education
Activities, of which not to exceed $100,000 shall be for employment
under 5 U.S.C. 3109; in all, $481,216,000.
None of the funds in the foregoing paragraph shall be available
to carry out research related to the production, processing or
marketing of tobacco or tobacco products.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For establishment of a Native American institutions endowment
fund, as authorized by Public Law 103–382 (7 U.S.C. 301 note),
$4,600,000.
EXTENSION ACTIVITIES
Payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, Northern Marianas, and
American Samoa: For payments for cooperative extension work
under the Smith-Lever Act, to be distributed under sections 3(b)
and 3(c) of said Act, and under section 208(c) of Public Law 93–
471, for retirement and employees’ compensation costs for extension
agents and for costs of penalty mail for cooperative extension agents
and State extension directors, $276,548,000; payments for extension
work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C.
343(b)(3)), $2,060,000; payments for the nutrition and family education program for low-income areas under section 3(d) of the Act,
$58,695,000; payments for the pest management program under
section 3(d) of the Act, $10,783,000; payments for the farm safety
program under section 3(d) of the Act, $3,000,000; payments for
the pesticide impact assessment program under section 3(d) of
the Act, $3,214,000; payments to upgrade research, extension, and

112 STAT. 2681–7

PUBLIC LAW 105–277—OCT. 21, 1998

teaching facilities at the 1890 land-grant colleges, including
Tuskegee University, as authorized by section 1447 of Public Law
95–113 (7 U.S.C. 3222b), $8,426,000, to remain available until
expended; payments for the rural development centers under section
3(d) of the Act, $908,000; payments for a groundwater quality
program under section 3(d) of the Act, $9,561,000; payments for
youth-at-risk programs under section 3(d) of the Act, $9,000,000;
payments for a food safety program under section 3(d) of the Act,
$7,365,000; payments for carrying out the provisions of the Renewable Resources Extension Act of 1978, $3,192,000; payments for
Indian reservation agents under section 3(d) of the Act, $1,714,000;
payments for sustainable agriculture programs under section 3(d)
of the Act, $3,309,000; payments for rural health and safety education as authorized by section 2390 of Public Law 101–624 (7
U.S.C. 2661 note, 2662), $2,628,000; payments for cooperative extension work by the colleges receiving the benefits of the second Morrill
Act (7 U.S.C. 321–326 and 328) and Tuskegee University,
$25,843,000; and for Federal administration and coordination including administration of the Smith-Lever Act, and the Act of
September 29, 1977 (7 U.S.C. 341–349), and section 1361(c) of
the Act of October 3, 1980 (7 U.S.C. 301 note), and to coordinate
and provide program leadership for the extension work of the Department and the several States and insular possessions,
$11,741,000; in all, $437,987,000: Provided, That funds hereby appropriated pursuant to section 3(c) of the Act of June 26, 1953,
and section 506 of the Act of June 23, 1972, shall not be paid
to any State, the District of Columbia, Puerto Rico, Guam, or
the Virgin Islands, Micronesia, Northern Marianas, and American
Samoa prior to availability of an equal sum from non-Federal
sources for expenditure during the current fiscal year.
OFFICE OF THE ASSISTANT SECRETARY FOR MARKETING AND
REGULATORY PROGRAMS
For necessary salaries and expenses of the Office of the Assistant Secretary for Marketing and Regulatory Programs to administer
programs under the laws enacted by the Congress for the Animal
and Plant Health Inspection Service, the Agricultural Marketing
Service, and the Grain Inspection, Packers and Stockyards Administration, $618,000.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)

For expenses, not otherwise provided for, including those pursuant to the Act of February 28, 1947 (21 U.S.C. 114b–c), necessary
to prevent, control, and eradicate pests and plant and animal diseases; to carry out inspection, quarantine, and regulatory activities;
to discharge the authorities of the Secretary of Agriculture under
the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426–426b);
and to protect the environment, as authorized by law, $425,803,000,
of which $4,105,000 shall be available for the control of outbreaks
of insects, plant diseases, animal diseases and for control of pest
animals and birds to the extent necessary to meet emergency conditions: Provided, That no funds shall be used to formulate or

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–8

administer a brucellosis eradication program for the current fiscal
year that does not require minimum matching by the States of
at least 40 percent: Provided further, That this appropriation shall
be available for field employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and
not to exceed $40,000 shall be available for employment under
5 U.S.C. 3109: Provided further, That this appropriation shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed four, of which two shall be for replacement
only: Provided further, That, in addition, in emergencies which
threaten any segment of the agricultural production industry of
this country, the Secretary may transfer from other appropriations
or funds available to the agencies or corporations of the Department
such sums as may be deemed necessary, to be available only in
such emergencies for the arrest and eradication of contagious or
infectious disease or pests of animals, poultry, or plants, and for
expenses in accordance with the Act of February 28, 1947, and
section 102 of the Act of September 21, 1944, and any unexpended
balances of funds transferred for such emergency purposes in the
next preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall
be available pursuant to law (7 U.S.C. 2250) for the repair and
alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
In fiscal year 1999, the agency is authorized to collect fees
to cover the total costs of providing technical assistance, goods,
or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity’s
liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and
such fees shall be credited to this account, to remain available
until expended, without further appropriation, for providing such
assistance, goods, or services.
Of the total amount available under this heading in fiscal
year 1999, $88,000,000 shall be derived from user fees deposited
in the Agricultural Quarantine Inspection User Fee Account.
BUILDINGS AND FACILITIES

For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C. 428a,
$7,700,000, to remain available until expended.
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES

For necessary expenses to carry on services related to consumer
protection, agricultural marketing and distribution, transportation,
and regulatory programs, as authorized by law, and for administration and coordination of payments to States, including field employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225) and not to exceed $90,000

21 USC 129.

112 STAT. 2681–9

PUBLIC LAW 105–277—OCT. 21, 1998

for employment under 5 U.S.C. 3109, $48,831,000, including funds
for the wholesale market development program for the design and
development of wholesale and farmer market facilities for the major
metropolitan areas of the country: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of altering
any one building during the fiscal year shall not exceed 10 percent
of the current replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $60,730,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses:
Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Appropriations Committees.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY
(SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)

Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c) shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of Commerce
as authorized by the Fish and Wildlife Act of August 8, 1956;
(2) transfers otherwise provided in this Act; and (3) not more
than $10,998,000 for formulation and administration of marketing
agreements and orders pursuant to the Agricultural Marketing
Agreement Act of 1937 and the Agricultural Act of 1961.
PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1623(b)), $1,200,000.
GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION
SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers
and Stockyards Act, for certifying procedures used to protect purchasers of farm products, and the standardization activities related
to grain under the Agricultural Marketing Act of 1946, including
field employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$25,000 for employment under 5 U.S.C. 3109, $26,787,000: Provided, That this appropriation shall be available pursuant to law
(7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current replacement value of the building.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–10

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

Not to exceed $42,557,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing
services: Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur,
this limitation may be exceeded by up to 10 percent with notification
to the Appropriations Committees.
OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the
Congress for the Food Safety and Inspection Service, $446,000.
FOOD SAFETY AND INSPECTION SERVICE
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products Inspection
Act, and the Egg Products Inspection Act, $616,986,000, and in
addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1017 of Public Law 102–237: Provided, That this appropriation shall not be available for shell egg surveillance under section
5(d) of the Egg Products Inspection Act (21 U.S.C. 1034(d)): Provided
further, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000
shall be available for employment under 5 U.S.C. 3109: Provided
further, That this appropriation shall be available pursuant to
law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current replacement value of the building.
OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN
AGRICULTURAL SERVICES
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer
the laws enacted by Congress for the Farm Service Agency, the
Foreign Agricultural Service, the Risk Management Agency, and
the Commodity Credit Corporation, $572,000.
FARM SERVICE AGENCY
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration
and implementation of programs administered by the Farm Service
Agency, $714,499,000: Provided, That the Secretary is authorized
to use the services, facilities, and authorities (but not the funds)
of the Commodity Credit Corporation to make program payments
for all programs administered by the Agency: Provided further,
That other funds made available to the Agency for authorized
activities may be advanced to and merged with this account: Provided further, That these funds shall be available for employment

112 STAT. 2681–11

PUBLIC LAW 105–277—OCT. 21, 1998

pursuant to the second sentence of section 706(a) of the Organic
Act of 1944 (7 U.S.C. 2225), and not to exceed $1,000,000 shall
be available for employment under 5 U.S.C. 3109.
STATE MEDIATION GRANTS

For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987 (7 U.S.C. 5101–5106), $2,000,000.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses involved in making indemnity payments
to dairy farmers for milk or cows producing such milk and manufacturers of dairy products who have been directed to remove their
milk or dairy products from commercial markets because it contained residues of chemicals registered and approved for use by
the Federal Government, and in making indemnity payments for
milk, or cows producing such milk, at a fair market value to
any dairy farmer who is directed to remove his milk from commercial markets because of: (1) the presence of products of nuclear
radiation or fallout if such contamination is not due to the fault
of the farmer; or (2) residues of chemicals or toxic substances
not included under the first sentence of the Act of August 13,
1968 (7 U.S.C. 450j), if such chemicals or toxic substances were
not used in a manner contrary to applicable regulations or labeling
instructions provided at the time of use and the contamination
is not due to the fault of the farmer, $450,000, to remain available
until expended (7 U.S.C. 2209b): Provided, That none of the funds
contained in this Act shall be used to make indemnity payments
to any farmer whose milk was removed from commercial markets
as a result of the farmer’s willful failure to follow procedures prescribed by the Federal Government: Provided further, That this
amount shall be transferred to the Commodity Credit Corporation:
Provided further, That the Secretary is authorized to utilize the
services, facilities, and authorities of the Commodity Credit Corporation for the purpose of making dairy indemnity disbursements.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For 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, $510,682,000, of which $425,031,000
shall be for guaranteed loans; operating loans, $1,648,276,000, of
which $948,276,000 shall be for unsubsidized guaranteed loans
and $200,000,000 shall be for subsidized guaranteed loans; Indian
tribe land acquisition loans as authorized by 25 U.S.C. 488,
$1,000,000; for emergency insured loans, $25,000,000 to meet the
needs resulting from natural disasters; and for boll weevil eradication program loans as authorized by 7 U.S.C. 1989, $100,000,000.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership loans,
$19,580,000, of which $6,758,000 shall be for guaranteed loans;
operating loans, $62,630,000, of which $11,000,000 shall be for

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–12

unsubsidized guaranteed loans and $17,480,000 shall be for subsidized guaranteed loans; Indian tribe land acquisition loans as
authorized by 25 U.S.C. 488, $153,000; for emergency insured loans,
$5,900,000 to meet the needs resulting from natural disasters;
and for boll weevil eradication program loans as authorized by
7 U.S.C. 1989, $1,440,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $219,861,000, of
which $209,861,000 shall be transferred to and merged with the
appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.
RISK MANAGEMENT AGENCY
For administrative and operating expenses, as authorized by
the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 6933), $64,000,000: Provided, That not to exceed $700 shall
be available for official reception and representation expenses, as
authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord
with law, and to make contracts and commitments without regard
to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying
out the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter provided.
FEDERAL CROP INSURANCE CORPORATION FUND

For payments as authorized by section 516 of the Federal
Crop Insurance Act, such sums as may be necessary, to remain
available until expended (7 U.S.C. 2209b).
COMMODITY CREDIT CORPORATION FUND
REIMBURSEMENT FOR NET REALIZED LOSSES

For fiscal year 1999, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed (estimated to be
$8,439,000,000 in the President’s fiscal year 1999 Budget Request
(H. Doc. 105–177)), but not to exceed $8,439,000,000, pursuant
to section 2 of the Act of August 17, 1961 (15 U.S.C. 713a–11).
OPERATIONS AND MAINTENANCE FOR HAZARDOUS WASTE
MANAGEMENT

For fiscal year 1999, the Commodity Credit Corporation shall
not expend more than $5,000,000 for expenses to comply with
the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C.
9607(g), and section 6001 of the Resource Conservation and Recovery Act, 42 U.S.C. 6961: Provided, That expenses shall be for
operations and maintenance costs only and that other hazardous
waste management costs shall be paid for by the USDA Hazardous
Waste Management appropriation in this Act.

112 STAT. 2681–13

PUBLIC LAW 105–277—OCT. 21, 1998
TITLE II
CONSERVATION PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND
ENVIRONMENT
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer
the laws enacted by the Congress for the Forest Service and the
Natural Resources Conservation Service, $693,000.
NATURAL RESOURCES CONSERVATION SERVICE
CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation
of conservation plans and establishment of measures to conserve
soil and water (including farm irrigation and land drainage and
such special measures for soil and water management as may
be necessary to prevent floods and the siltation of reservoirs and
to control agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests
therein for use in the plant materials program by donation,
exchange, or purchase at a nominal cost not to exceed $100 pursuant
to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection
or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $641,243,000, to
remain available until expended (7 U.S.C. 2209b), of which not
less than $5,990,000 is for snow survey and water forecasting
and not less than $9,025,000 is for operation and establishment
of the plant materials centers: Provided, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for construction
and improvement of buildings and public improvements at plant
materials centers, except that the cost of alterations and improvements to other buildings and other public improvements shall not
exceed $250,000: Provided further, That when buildings or other
structures are erected on non-Federal land, that the right to use
such land is obtained as provided in 7 U.S.C. 2250a: Provided
further, That this appropriation shall be available for technical
assistance and related expenses to carry out programs authorized
by section 202(c) of title II of the Colorado River Basin Salinity
Control Act of 1974 (43 U.S.C. 1592(c)): Provided further, That
no part of this appropriation may be expended for soil and water
conservation operations under the Act of April 27, 1935 in demonstration projects: Provided further, That this appropriation shall
be available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and
not to exceed $25,000 shall be available for employment under
5 U.S.C. 3109: Provided further, That qualified local engineers
may be temporarily employed at per diem rates to perform the
technical planning work of the Service (16 U.S.C. 590e–2).

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–14

WATERSHED SURVEYS AND PLANNING

For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the
Watershed Protection and Flood Prevention Act approved August
4, 1954 (16 U.S.C. 1001–1009), $10,368,000: Provided, That this
appropriation shall be available for employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and not to exceed $110,000 shall be available for
employment under 5 U.S.C. 3109.
WATERSHED AND FLOOD PREVENTION OPERATIONS

For necessary expenses to carry out preventive measures,
including but not limited to research, engineering operations, methods of cultivation, the growing of vegetation, rehabilitation of existing works and changes in use of land, in accordance with the
Watershed Protection and Flood Prevention Act approved August
4, 1954 (16 U.S.C. 1001–1005 and 1007–1009), the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a–f), and in accordance
with the provisions of laws relating to the activities of the Department, $99,443,000, to remain available until expended (7 U.S.C.
2209b) (of which up to $15,000,000 may be available for the watersheds authorized under the Flood Control Act approved June 22,
1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): Provided, That not
to exceed $47,000,000 of this appropriation shall be available for
technical assistance: Provided further, That this appropriation shall
be available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and
not to exceed $200,000 shall be available for employment under
5 U.S.C. 3109: Provided further, That not to exceed $1,000,000
of this appropriation is available to carry out the purposes of
the Endangered Species Act of 1973 (Public Law 93–205), including
cooperative efforts as contemplated by that Act to relocate endangered or threatened species to other suitable habitats as may be
necessary to expedite project construction.
RESOURCE CONSERVATION AND DEVELOPMENT

For necessary expenses in planning and carrying out projects
for resource conservation and development and for sound land use
pursuant to the provisions of section 32(e) of title III of the
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010–1011; 76 Stat.
607), the Act of April 27, 1935 (16 U.S.C. 590a–f), and the Agriculture and Food Act of 1981 (16 U.S.C. 3451–3461), $35,000,000,
to remain available until expended (7 U.S.C. 2209b): Provided,
That this appropriation shall be available for employment pursuant
to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available
for employment under 5 U.S.C. 3109.
FORESTRY INCENTIVES PROGRAM

For necessary expenses, not otherwise provided for, to carry
out the program of forestry incentives, as authorized by the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101),
including technical assistance and related expenses, $6,325,000,
to remain available until expended, as authorized by that Act.

112 STAT. 2681–15

PUBLIC LAW 105–277—OCT. 21, 1998
TITLE III

RURAL ECONOMIC AND COMMUNITY DEVELOPMENT
PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under
the laws enacted by the Congress for the Rural Housing Service,
the Rural Business-Cooperative Service, and the Rural Utilities
Service of the Department of Agriculture, $588,000.
RURAL COMMUNITY ADVANCEMENT PROGRAM
(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, and 1932, except for
sections 381E–H, 381N, and 381O of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009f), $722,686,000, to remain
available until expended, of which $29,786,000 shall be for rural
community programs described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act; of which $645,007,000
shall be for the rural utilities programs described in section
381E(d)(2) of such Act, as provided in 7 U.S.C. 1926(a) and 7
U.S.C. 1926C; and of which $47,893,000 shall be for the rural
business and cooperative development programs described in section
381E(d)(3) of such Act: Provided, That of the amount appropriated
for the rural business and cooperative development programs, not
to exceed $500,000 shall be made available for a grant to a qualified
national organization to provide technical assistance for rural
transportation in order to promote economic development: Provided
further, That not to exceed $16,215,000 shall be for technical assistance grants for rural waste systems pursuant to section 306(a)(14)
of such Act; and not to exceed $5,300,000 shall be for contracting
with qualified national organizations for a circuit rider program
to provide technical assistance for rural water systems: Provided
further, That of the total amount appropriated, not to exceed
$33,926,000 shall be available through June 30, 1999, for empowerment zones and enterprise communities, as authorized by Public
Law 103–66, of which $1,844,000 shall be for rural community
programs described in section 381E(d)(1) of such Act; of which
$23,948,000 shall be for the rural utilities programs described in
section 381E(d)(2) of such Act; of which $8,134,000 shall be for
the rural business and cooperative development programs described
in section 381E(d)(3) of such Act.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For 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, as follows: $3,965,313,000 for loans to section 502 borrowers,
as determined by the Secretary, of which $3,000,000,000 shall be

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–16

for unsubsidized guaranteed loans; $25,001,000 for section 504 housing repair loans; $100,000,000 for section 538 guaranteed multifamily housing loans; $20,000,000 for section 514 farm labor housing; $114,321,000 for section 515 rental housing; $5,152,000 for
section 524 site loans; $16,930,000 for credit sales of acquired
property, of which up to $5,001,000 may be for multi-family credit
sales; and $5,000,000 for section 523 self-help housing land development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans,
$116,800,000, of which $2,700,000 shall be for unsubsidized guaranteed loans; section 504 housing repair loans, $8,808,000; section
538 multi-family housing guaranteed loans, $2,320,000; section 514
farm labor housing, $10,406,000; section 515 rental housing,
$55,160,000; section 524 site loans, $17,000; credit sales of acquired
property, $3,492,000, of which up to $2,416,000 may be for multifamily credit sales; and section 523 self-help housing land development loans, $282,000: Provided, That of the total amount appropriated in this paragraph, $10,380,000 shall be for empowerment
zones and enterprise communities, as authorized by Public Law
103–66: Provided further, That if such funds are not obligated
for empowerment zones and enterprise communities by June 30,
1999, they shall remain available for other authorized purposes
under this head.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $360,785,000, which
shall be transferred to and merged with the appropriation for
‘‘Rural Housing Service, Salaries and Expenses’’.
RENTAL ASSISTANCE PROGRAM

For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or agreements
entered into in lieu of debt forgiveness or payments for eligible
households as authorized by section 502(c)(5)(D) of the Housing
Act of 1949, $583,397,000; and, in addition, such sums as may
be necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided,
That of this amount, not more than $5,900,000 shall be available
for debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Act, and not to exceed $10,000
per project for advances to nonprofit organizations or public agencies
to cover direct costs (other than purchase price) incurred in purchasing projects pursuant to section 502(c)(5)(C) of the Act: Provided
further, That agreements entered into or renewed during fiscal
year 1999 shall be funded for a five-year period, although the
life of any such agreement may be extended to fully utilize amounts
obligated.
MUTUAL AND SELF-HELP HOUSING GRANTS

For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $26,000,000, to remain
available until expended (7 U.S.C. 2209b): Provided, That of the
total amount appropriated, $1,000,000 shall be for empowerment
zones and enterprise communities, as authorized by Public Law

112 STAT. 2681–17

PUBLIC LAW 105–277—OCT. 21, 1998

103–66: Provided further, That if such funds are not obligated
for empowerment zones and enterprise communities by June 30,
1999, they shall remain available for other authorized purposes
under this head.
RURAL HOUSING ASSISTANCE GRANTS

For grants and contracts for housing for domestic farm labor,
very low-income housing repair, supervisory and technical assistance, compensation for construction defects, and rural housing
preservation made by the Rural Housing Service, as authorized
by 42 U.S.C. 1474, 1479(c), 1486, 1490e, and 1490m, $41,000,000,
to remain available until expended: Provided, That of the total
amount appropriated, $1,200,000 shall be for empowerment zones
and enterprise communities, as authorized by Public Law 103–
66: Provided further, That if such funds are not obligated for
empowerment zones and enterprise communities by June 30, 1999,
they shall remain available for other authorized purposes under
this head.
SALARIES AND EXPENSES

For necessary expenses of the Rural Housing Service, including
administering the programs authorized by the Consolidated Farm
and Rural Development Act, title V of the Housing Act of 1949,
and cooperative agreements, $60,978,000: Provided, That this
appropriation shall be available for employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and not to exceed $520,000 may be used for employment under 5 U.S.C. 3109: Provided further, That the Administrator
may expend not more than $10,000 to provide modest nonmonetary
awards to non-USDA employees.
RURAL BUSINESS-COOPERATIVE SERVICE
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, $16,615,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)): Provided,
That such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans of
$33,000,000: Provided further, That through June 30, 1999, of the
total amount appropriated, $3,215,520 shall be available for the
cost of direct loans for empowerment zones and enterprise communities, as authorized by title XIII of the Omnibus Budget Reconciliation Act of 1993, to subsidize gross obligations for the principal
amount of direct loans, $7,246,000: Provided further, That if such
funds are not obligated for empowerment zones and enterprise
communities by June 30, 1999, they shall remain available for
other authorized purposes under this head.
In addition, for administrative expenses to carry out the direct
loan programs, $3,482,000 shall be transferred to and merged with
the appropriation for ‘‘Rural Business-Cooperative Service, Salaries
and Expenses’’.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–18

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$15,000,000.
For the cost of direct loans, including the cost of modifying
loans as defined in section 502 of the Congressional Budget Act
of 1974, $3,783,000.
Of the funds derived from interest on the cushion of credit
payments in fiscal year 1999, as authorized by section 313 of
the Rural Electrification Act of 1936, $3,783,000 shall not be obligated and $3,783,000 are rescinded.
RURAL COOPERATIVE DEVELOPMENT GRANTS

For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $3,300,000, of which $1,300,000 shall be available for cooperative agreements for the appropriate technology
transfer for rural areas program and $250,000 shall be available
for an agribusiness and cooperative development program.
SALARIES AND EXPENSES

For necessary expenses of the Rural Business-Cooperative Service, including administering the programs authorized by the
Consolidated Farm and Rural Development Act; section 1323 of
the Food Security Act of 1985; the Cooperative Marketing Act
of 1926; for activities relating to the marketing aspects of cooperatives, including economic research findings, as authorized by the
Agricultural Marketing Act of 1946; for activities with institutions
concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $25,680,000: Provided, That
this appropriation shall be available for employment pursuant to
the second sentence of section 706(a) of the Organic Act of 1944
(7 U.S.C. 2225), and not to exceed $260,000 may be used for employment under 5 U.S.C. 3109.
ALTERNATIVE AGRICULTURAL RESEARCH AND COMMERCIALIZATION
CORPORATION REVOLVING FUND
For necessary expenses to carry out the Alternative Agricultural
Research and Commercialization Act of 1990 (7 U.S.C. 5901–5908),
$3,500,000 is appropriated to the Alternative Agricultural Research
and Commercialization Corporation Revolving Fund.
RURAL UTILITIES SERVICE
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM
ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

Insured loans pursuant to the authority of section 305 of the
Rural Electrification Act of 1936 (7 U.S.C. 935) shall be made
as follows: 5 percent rural electrification loans, $71,500,000; 5

112 STAT. 2681–19

PUBLIC LAW 105–277—OCT. 21, 1998

percent rural telecommunications loans, $75,000,000; cost of money
rural telecommunications loans, $300,000,000; municipal rate rural
electric loans, $295,000,000; and loans made pursuant to section
306 of that Act, rural electric, $700,000,000 and rural telecommunications, $120,000,000, to remain available until expended.
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, including the cost of modifying loans, of direct
and guaranteed loans authorized by the Rural Electrification Act
of 1936 (7 U.S.C. 935 and 936), as follows: cost of direct loans,
$16,667,000; cost of municipal rate loans, $25,842,000; cost of money
rural telecommunications loans, $810,000: Provided, That notwithstanding section 305(d)(2) of the Rural Electrification Act of 1936,
borrower interest rates may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $29,982,000, which
shall be transferred to and merged with the appropriation for
‘‘Rural Utilities Service, Salaries and Expenses’’.
RURAL TELEPHONE BANK PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corporation in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act, as may
be necessary in carrying out its authorized programs. During fiscal
year 1999 and within the resources and authority available, gross
obligations for the principal amount of direct loans shall be
$157,509,000.
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, including the cost of modifying loans, of direct
loans authorized by the Rural Electrification Act of 1936 (7 U.S.C.
935), $4,174,000.
In addition, for administrative expenses necessary to carry
out the loan programs, $3,000,000, which shall be transferred to
and merged with the appropriation for ‘‘Rural Utilities Service,
Salaries and Expenses’’.
DISTANCE LEARNING AND TELEMEDICINE PROGRAM

For the cost of direct loans and grants, as authorized by 7
U.S.C. 950aaa et seq., $12,680,000, to remain available until
expended, to be available for loans and grants for telemedicine
and distance learning services in rural areas: Provided, That the
costs of direct loans shall be as defined in section 502 of the
Congressional Budget Act of 1974.
SALARIES AND EXPENSES

For necessary expenses of the Rural Utilities Service, including
administering the programs authorized by the Rural Electrification
Act of 1936, and the Consolidated Farm and Rural Development
Act, and for cooperative agreements, $33,000,000: Provided, That
this appropriation shall be available for employment pursuant to
the second sentence of section 706(a) of the Organic Act of 1944
(7 U.S.C. 2225), and not to exceed $105,000 may be used for employment under 5 U.S.C. 3109.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–20

TITLE IV
DOMESTIC FOOD PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND
CONSUMER SERVICES
For necessary salaries and expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services to administer
the laws enacted by the Congress for the Food and Nutrition Service, $554,000.
FOOD AND NUTRITION SERVICE
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the National School Lunch
Act (42 U.S.C. 1751 et seq.), except section 21, and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; $9,176,897,000, to remain available through September
30, 2000, of which $4,128,747,000 is hereby appropriated and
$5,048,150,000 shall be derived by transfer from funds available
under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c):
Provided, That none of the funds made available under this heading
shall be used for studies and evaluations: Provided further, That
up to $4,300,000 shall be available for independent verification
of school food service claims: Provided further, That none of the
funds under this heading shall be available unless the value of
bonus commodities provided under section 32 of the Act of August
24, 1935 (49 Stat. 774, chapter 641; 7 U.S.C. 612c), and section
416 of the Agricultural Act of 1949 (7 U.S.C. 1431) is included
in meeting the minimum commodity assistance requirement of section 6(g) of the National School Lunch Act (42 U.S.C. 1755(g)).
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN (WIC)

For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $3,924,000,000, to remain available
through September 30, 2000: Provided, That none of the funds
made available under this heading shall be used for studies and
evaluations: Provided further, That of the total amount available,
the Secretary shall obligate $10,000,000 for the farmers’ market
nutrition program within 45 days of the enactment of this Act,
and an additional $5,000,000 for the farmers’ market nutrition
program from any funds not needed to maintain current caseload
levels: Provided further, That none of the funds in this Act shall
be available to pay administrative expenses of WIC clinics except
those that have an announced policy of prohibiting smoking within
the space used to carry out the program: Provided further, That
none of the funds provided in this account shall be available for
the purchase of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in section 17 of the Child Nutrition Act of 1966: Provided further, That
State agencies required to procure infant formula using a competitive bidding system may use funds appropriated by this Act to

112 STAT. 2681–21

PUBLIC LAW 105–277—OCT. 21, 1998

purchase infant formula under a cost containment contract entered
into after September 30, 1996, only if the contract was awarded
to the bidder offering the lowest net price, as defined by section
17(b)(20) of the Child Nutrition Act of 1966, unless the State agency
demonstrates to the satisfaction of the Secretary that the weighted
average retail price for different brands of infant formula in the
State does not vary by more than 5 percent.
FOOD STAMP PROGRAM

For necessary expenses to carry out the Food Stamp Act (7
U.S.C. 2011 et seq.), $22,585,106,000, of which $100,000,000 shall
be placed in reserve for use only in such amounts and at such
times as may become necessary to carry out program operations:
Provided, That none of the funds made available under this head
shall be used for studies and evaluations: Provided further, That
funds provided herein shall be expended in accordance with section
16 of the Food Stamp Act: Provided further, That this appropriation
shall be subject to any work registration or workfare requirements
as may be required by law: Provided further, That funds made
available for Employment and Training under this head shall
remain available until expended, as authorized by section 16(h)(1)
of the Food Stamp Act.
COMMODITY ASSISTANCE PROGRAM

For necessary expenses to carry out the commodity supplemental food program as authorized by section 4(a) of the Agriculture
and Consumer Protection Act of 1973 (7 U.S.C. 612c note) and
the Emergency Food Assistance Act of 1983, $131,000,000, to remain
available through September 30, 2000: Provided, That none of these
funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program.
FOOD DONATIONS PROGRAMS FOR SELECTED GROUPS

For necessary expenses to carry out section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note),
and section 311 of the Older Americans Act of 1965 (42 U.S.C.
3030a), $141,081,000, to remain available through September 30,
2000.
FOOD PROGRAM ADMINISTRATION

For necessary administrative expenses of the domestic food
programs funded under this Act, $108,561,000, of which $5,000,000
shall be available only for simplifying procedures, reducing overhead
costs, tightening regulations, improving food stamp coupon handling, and assistance in the prevention, identification, and prosecution of fraud and other violations of law and of which $2,000,000
shall be available for obligation only after promulgation of a final
rule to curb vendor related fraud: Provided, That this appropriation
shall be available for employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and
not to exceed $150,000 shall be available for employment under
5 U.S.C. 3109.

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112 STAT. 2681–22

TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
FOREIGN AGRICULTURAL SERVICE AND GENERAL SALES MANAGER
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954
(7 U.S.C. 1761–1768), market development activities abroad, and
for enabling the Secretary to sacoordinate and integrate activities
of the Department in connection with foreign agricultural work,
including not to exceed $128,000 for representation allowances and
for expenses pursuant to section 8 of the Act approved August
3, 1956 (7 U.S.C. 1766), $136,203,000: Provided, That the Service
may utilize advances of funds, or reimburse this appropriation
for expenditures made on behalf of Federal agencies, public and
private organizations and institutions under agreements executed
pursuant to the agricultural food production assistance programs
(7 U.S.C. 1736) and the foreign assistance programs of the International Development Cooperation Administration (22 U.S.C. 2392).
None of the funds in the foregoing paragraph shall be available
to promote the sale or export of tobacco or tobacco products.
PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS
(INCLUDING TRANSFERS OF FUNDS)

For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years’ costs, including interest
thereon, under the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1691, 1701–1704, 1721–1726a, 1727–1727e,
1731–1736g–3, and 1737), as follows: (1) $203,475,000 for Public
Law 480 title I credit, including Food for Progress programs; (2)
$16,249,000 is hereby appropriated for ocean freight differential
costs for the shipment of agricultural commodities pursuant to
title I of said Act and the Food for Progress Act of 1985; (3)
$837,000,000 is hereby appropriated for commodities supplied in
connection with dispositions abroad pursuant to title II of said
Act; and (4) $25,000,000 is hereby appropriated for commodities
supplied in connection with dispositions abroad pursuant to title
III of said Act: Provided, That not to exceed 15 percent of the
funds made available to carry out any title of said Act may be
used to carry out any other title of said Act: Provided further,
That such sums shall remain available until expended (7 U.S.C.
2209b).
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of direct credit agreements as authorized by
the Agricultural Trade Development and Assistance Act of 1954,
and the Food for Progress Act of 1985, including the cost of modifying credit agreements under said Act, $176,596,000.
In addition, for administrative expenses to carry out the Public
Law 480 title I credit program, and the Food for Progress Act
of 1985, to the extent funds appropriated for Public Law 480 are
utilized, $1,850,000, of which $1,035,000 may be transferredto and
merged with the appropriation for ‘‘Foreign Agricultural Service
and General Sales Manager’’ and $815,000 may be transferred

112 STAT. 2681–23

PUBLIC LAW 105–277—OCT. 21, 1998

to and merged with the appropriation for ‘‘Farm Service Agency,
Salaries and Expenses’’.
COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the Commodity Credit
Corporation’s export guarantee program, GSM 102 and GSM 103,
$3,820,000; to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, of which
$3,231,000 may be transferred to and merged with the appropriation
for ‘‘Foreign Agricultural Service and General Sales Manager’’ and
$589,000 may be transferred to and merged with the appropriation
for ‘‘Farm Service Agency, Salaries and Expenses’’.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG
ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES

For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law
92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose
space in the District of Columbia or elsewhere; and for miscellaneous and emergency expenses of enforcement activities, authorized
and approved by the Secretary and to be accounted for solely
on the Secretary’s certificate, not to exceed $25,000; $1,103,140,000,
of which not to exceed $132,273,000 in fees pursuant to section
736 of the Federal Food, Drug, and Cosmetic Act may be credited
to this appropriation and remain available until expended: Provided,
That fees derived from applications received during fiscal year
1999 shall be subject to the fiscal year 1999 limitation: Provided
further, That none of these funds shall be used to develop, establish,
or operate any program of user fees authorized by 31 U.S.C. 9701:
Provided further, That of the total amount appropriated: (1)
$231,580,000 shall be for the Center for Food Safety and Applied
Nutrition and related field activities in the Office of Regulatory
Affairs, of which, and notwithstanding section 409(h)(5)(A) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
an amount of $500,000 shall be made available for the development
of systems, regulations, and pilot programs, if any, that would
be required to permit full implementation, consistent with section
409(h)(5) of that Act, in fiscal year 2000 of the food contact substance notification program under section 409(h) of such Act; (2)
$291,981,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Officeof Regulatory
Affairs; (3) $125,095,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–24

of Regulatory Affairs; (4) $41,973,000 shall be for the Center for
Veterinary Medicine and for related field activities in the Office
of Regulatory Affairs; (5) $145,736,000 shall be for the Center
for Devices and Radiological Health and for related field activities
in the Office of Regulatory Affairs; (6) $31,579,000 shall be for
the National Center for Toxicological Research; (7) $34,000,000
shall be for the Office of Tobacco; (8) $25,855,000 shall be for
Rent and Related activities, other than the amounts paid to the
General Services Administration; (9) $88,294,000 shall be for payments to the General Services Administration for rent and related
costs; and (10) $87,047,000 shall be for other activities, including
the Office of the Commissioner, the Office of Policy, the Office
of External Affairs, the Office of Operations, the Office of Management and Systems, and central services for these offices: Provided
further, That funds may be transferred from one specified activity
to another with the prior approval of the Committee on Appropriations of both Houses of Congress.
In addition, fees pursuant to section 354 of the Public Health
Service Act may be credited to this account, to remain available
until expended.
In addition, fees pursuant to section 801 of the Federal Food,
Drug, and Cosmetic Act may be credited to this account, to remain
available until expended.
BUILDINGS AND FACILITIES

For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used
by the Food and Drug Administration, where not otherwise provided, $11,350,000, to remain available until expended (7 U.S.C.
2209b).
DEPARTMENT OF THE TREASURY
FINANCIAL MANAGEMENT SERVICE
PAYMENTS TO THE FARM CREDIT SYSTEM FINANCIAL ASSISTANCE
CORPORATION

For necessary payments to the Farm Credit System Financial
Assistance Corporation by the Secretary of the Treasury, as authorized by section 6.28(c) of the Farm Credit Act of 1971, for reimbursement of interest expenses incurred by the Financial Assistance
Corporation on obligations issued through 1994, as authorized,
$2,565,000.
INDEPENDENT AGENCIES
COMMODITY FUTURES TRADING COMMISSION
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of passenger motor vehicles; the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere; and not to exceed $25,000 for employment under 5
U.S.C. 3109, $61,000,000, including not to exceed $1,000 for official
reception and representation expenses: Provided, That the Commission is authorized to charge reasonable fees to attendees of

112 STAT. 2681–25

PUBLIC LAW 105–277—OCT. 21, 1998

Commission sponsored educational events and symposia to cover
the Commission’s costs of providing those events and symposia,
and notwithstanding 31 U.S.C. 3302, said fees shall be credited
to this account, to be available without further appropriation.
FARM CREDIT ADMINISTRATION
LIMITATION OF ADMINISTRATIVE EXPENSES

Not to exceed $35,800,000 (from assessments collected from
farm credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided, That this limitation shall not apply to expenses associated
with receiverships.
TITLE VII—GENERAL PROVISIONS

7 USC 1623a.

7 USC 2209b.

SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture
for the fiscal year 1999 under this Act shall be available for the
purchase, in addition to those specifically provided for, of not to
exceed 440 passenger motor vehicles, of which 437 shall be for
replacement only, and for the hire of such vehicles.
SEC. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances therefor
as authorized by law (5 U.S.C. 5901–5902).
SEC. 703. Not less than $1,500,000 of the appropriations of
the Department of Agriculture in this Act for research and service
work authorized by the Acts of August 14, 1946, and July 28,
1954 (7 U.S.C. 427 and 1621–1629), and by chapter 63 of title
31, United States Code, shall be available for contracting in accordance with said Acts and chapter.
SEC. 704. The cumulative total of transfers to the Working
Capital Fund for the purpose of accumulating growth capital for
data services and National Finance Center operations shall not
exceed $2,000,000: Provided, That no funds in this Act appropriated
to an agency of the Department shall be transferred to the Working
Capital Fund without the approval of the agency administrator.
SEC.705. New obligational authority provided for the following
appropriation items in this Act shall remain available until
expended (7 U.S.C. 2209b): Animal and Plant Health Inspection
Service, the contingency fund to meet emergency conditions, fruit
fly program, integrated systems acquisition project, and up to
$2,000,000 for costs associated with collocating regional offices;
Farm Service Agency, salaries and expenses funds made available
to county committees; and Foreign Agricultural Service, middleincome country training program.
New obligational authority for the boll weevil program; up
to 10 percent of the screwworm program of the Animal and Plant
Health Inspection Service; Food Safety and Inspection Service, field
automation and information management project; funds appropriated for rental payments; funds for the Native American Institutions Endowment Fund in the Cooperative State Research,
Education, and Extension Service; and funds for the competitive
research grants (7 U.S.C. 450i(b)), shall remain available until
expended.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–26

SEC. 706. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 707. Not to exceed $50,000 of the appropriations available
to the Department of Agriculture in this Act shall be available
to provide appropriate orientation and language training pursuant
to Public Law 94–449.
SEC. 708. No funds appropriated by this Act may be used
to pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of mutual
interest between the two parties. This does not preclude appropriate
payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis
for all agencies for which appropriations are provided in this Act.
SEC. 709. Notwithstanding any other provision of this Act,
commodities acquired by the Department in connection with
Commodity Credit Corporation and section 32 price support operations may be used, as authorized by law (15 U.S.C. 714c and
7 U.S.C. 612c), to provide commodities to individuals in cases of
hardship as determined by the Secretary of Agriculture.
SEC. 710. None of the funds in this Act shall be available
to restrict the authority of the Commodity Credit Corporation to
lease space for its own use or to lease space on behalf of other
agencies of the Department of Agriculture when such space will
be jointly occupied.
SEC. 711. None of the funds in this Act shall be available
to pay indirect costs on research grants awarded competitively
by the Cooperative State Research, Education, and Extension Service that exceed 14 percent of total Federal funds provided under
each award: Provided, That notwithstanding section 1462 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3310), funds provided by this Act for grants
awarded competitively by the Cooperative State Research, Education, and Extension Service shall be available to pay full allowable
indirect costs for each grant awarded under the Small Business
Innovation Development Act of 1982, Public Law 97–219 (15 U.S.C.
638).
SEC. 712. Notwithstanding any other provisions of this Act,
all loan levels provided in this Act shall be considered estimates,
not limitations.
SEC. 713. Appropriations to the Department of Agriculture for
the cost of direct and guaranteed loans made available in fiscal
year 1999 shall remain available until expended to cover obligations
made in fiscal year 1999 for the following accounts: the rural
development loan fund program account; the Rural Telephone Bank
program account; the rural electrification and telecommunications
loans program account; and the rural economic development loans
program account.
SEC. 714. Such sums as may be necessary for fiscal year 1999
pay raises for programs funded by this Act shall be absorbed within
the levels appropriated by this Act.
SEC. 715. Notwithstanding the Federal Grant and Cooperative
Agreement Act, marketing services of the Agricultural Marketing
Service; Grain Inspection, Packers and Stockyards Administration;

7 USC 612c note.

112 STAT. 2681–27

PUBLIC LAW 105–277—OCT. 21, 1998

and the Animal and Plant Health Inspection Service may use
cooperative agreements to reflect a relationship between the Agricultural Marketing Service, the Grain Inspection, Packers and
Stockyards Administration or the Animal and Plant Health Inspection Service and a State or Cooperator to carry out agricultural
marketing programs or to carry out programs to protect the Nation’s
animal and plant resources.
SEC. 716. Notwithstanding the Federal Grant and Cooperative
Agreement Act, the Natural Resources Conservation Service may
enter into contracts, grants, or cooperative agreements with a State
agency or subdivision, or a public or private organization, for the
acquisition of goods or services, including personal services, to carry
out natural resources conservation activities: Provided, That
Commodity Credit Corporation funds obligated for such purposes
shall not exceed the level obligated by the Commodity Credit Corporation for such purposes in fiscal year 1998.
SEC. 717. None of the funds in this Act may be used to retire
more than 5 percent of the Class A stock of the Rural Telephone
Bank or to maintain any account or subaccount within the accounting records of the Rural Telephone Bank the creation of which
has not specifically been authorized by statute: Provided, That
notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available in this Act may be used
to transfer to the Treasury or to the Federal Financing Bank
any unobligated balance of the Rural Telephone Bank telephone
liquidating account which is in excess of current requirements and
such balance shall receive interest as set forth for financial accounts
in section 505(c) of the Federal Credit Reform Act of 1990.
SEC. 718. Hereafter, none of the funds made available in this
Act may be used to provide assistance to, or to pay the salaries
of personnel to carry out a market promotion/market access program
pursuant to section 203 of the Agricultural Trade Act of 1978
(7 U.S.C. 5623) that provides assistance to the United States Mink
Export Development Council or any mink industry trade association.
SEC. 719. Of the funds made available by this Act, not more
than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and
task forces of the Department of Agriculture, except for panels
used to comply with negotiated rule makings and panels used
to evaluate competitively awarded grants: Provided, That interagency funding is authorized to carry out the purposes of the
National Drought Policy Commission.
SEC. 720. None of the funds appropriated in this Act may
be used to carry out the provisions of section 918 of Public Law
104–127, the Federal Agriculture Improvement and Reform Act.
SEC. 721. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act to any other agency or office of the Department for more
than 30 days unless the individual’s employing agency or office
is fully reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment.
SEC. 722. None of the funds appropriated or otherwise made
available to the Department of Agriculture shall be used to transmit
or otherwise make available to any non-Department of Agriculture
employee questions or responses to questions that are a result
of information requested for the appropriations hearing process.

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112 STAT. 2681–28

SEC. 723. None of the funds made available to the Department
of Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the
Office of the Chief Information Officer, without the approval of
the Chief Information Officer and the concurrence of the Executive
Information Technology Investment Review Board: Provided, That
notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without the
prior approval of the Committee on Appropriations of both Houses
of Congress.
SEC. 724. (a) None of the funds provided by this Act, or provided
by previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 1999, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds which: (1) creates
new programs; (2) eliminates a program, project, or activity; (3)
increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committee
on Appropriations of both Houses of Congress are notified fifteen
days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year
1999, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
for activities, programs, or projects through a reprogramming of
funds in excess of $500,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities; (2) reduces
by 10 percent funding for any existing program, project, or activity,
or numbers of personnel by 10 percent as approved by Congress;
or (3) results from any general savings from a reduction in personnel
which would result in a change in existing programs, activities,
or projects as approved by Congress; unless the Committee on
Appropriations of both Houses of Congress are notified fifteen days
in advance of such reprogramming of funds.
SEC. 725. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to pay the
salaries and expenses of personnel to carry out section 793 of
Public Law 104–127, with the exception of funds made available
under that section on January 1, 1997.
SEC. 726. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses
of personnel who carry out an environmental quality incentives
program authorized by sections 334–341 of Public Law 104–127
in excess of $174,000,000.
SEC. 727. None of the funds appropriated or otherwise available
to the Department of Agriculture may be used to administer the
provision of contract payments to a producer under the Agricultural
Market Transition Act (7 U.S.C. 7201 et seq.) for contract acreage

112 STAT. 2681–29

PUBLIC LAW 105–277—OCT. 21, 1998

on which wild rice is planted unless the contract payment is reduced
by an acre for each contract acre planted to wild rice.
SEC. 728. The Federal facility located in Stuttgart, Arkansas,
and known as the ‘‘United States National Rice Germplasm Evaluation and Enhancement Center’’, shall be known and designated
as the ‘‘Dale Bumpers National Rice Research Center’’: Provided,
That any reference in law, map, regulation, document, paper, or
other record of the United States to such federal facility shall
be deemed to be a reference to the ‘‘Dale Bumpers National Rice
Research Center’’.
SEC. 729. Notwithstanding any other provision of law, the
Secretary of Agriculture, subject to the reprogramming requirements established by this Act, may transfer up to $26,000,000
in discretionary funds made available by this Act among programs
of the Department, not otherwise appropriated for a specific purpose
or a specific location, for distribution to or for the benefit of the
Lower Mississippi Delta Region, as defined in Public Law 100–
460, prior to normal state or regional allocation of funds: Provided,
That any funds made available through Chapter Four of Subtitle
D of Title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa
et seq.) may be included in any amount reprogrammed under this
section if such funds are used for a purpose authorized by such
Chapter: Provided further, That any funds made available from
ongoing programs of the Department of Agriculture used for the
benefit of the Lower Mississippi Delta Region shall be counted
toward the level cited in this section.
SEC. 730. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses
of personnel to enroll in excess of 120,000 acres in the fiscal year
1999 wetlands reserve program as authorized by 16 U.S.C. 3837.
SEC. 731. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses
of personnel to carry out the emergency food assistance program
authorized by section 27(a) of the Food Stamp Act if such program
exceeds $90,000,000.
SEC. 732. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out the provisions of section
401 of Public Law 105–185.
SEC. 733. Notwithstanding any other provision of law, the
City of Big Spring, Texas shall be eligible to participate in rural
housing programs administered by the Rural Housing Service.
SEC. 734. Notwithstanding any other provision of law, the
Municipality of Carolina, Puerto Rico shall be eligible for grants
and loans administered by the Rural Utilities Service.
SEC. 735. Notwithstanding section 381A of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009), the definitions
of rural areas for certain business programs administered by the
Rural Business-Cooperative Service and the community facilities
programs administered by the Rural Housing Service shall be those
provided for in statute and regulations prior to the enactment
of Public Law 104–127.
SEC. 736. None of the funds appropriated or otherwise made
available by this Act shall be used to carry out any commodity
purchase program that would prohibit eligibility or participation
by farmer-owned cooperatives.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–30

SEC. 737. Section 512(d)(4)(D)(iii) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360b(d)(4)(D)(iii)) is amended by inserting before the semicolon the following: ‘‘, except that for purposes
of this clause, antibacterial ingredient or animal drug does not
include the ionophore or arsenical classes of animal drugs’’.
SEC. 738. (a) None of the funds appropriated or otherwise
made available to the Secretary by this Act, any other Act, or
any other source may be used to issue the final rule to implement
the amendments to Federal milk marketing orders required by
subsection (a)(1) of section 143 of the Agricultural Market Transition Act (7 U.S.C. 7253), other than during the period of February
1, 1999, through April 4, 1999, and only if the actual implementation of the amendments as part of Federal milk marketing orders
takes effect on October 1, 1999, notwithstanding the penalties that
would otherwise be imposed under subsection (c) of such section.
(b) None of such funds may be used to designate the State
of California as a separate Federal milk marketing order under
subsection (a)(2) of such section, other than during the period
beginning on the date of the issuance of the final rule referred
to in subsection (a) through September 30, 1999.
(c) For purposes of this section, a rule shall be considered
to be a final rule when the rule is submitted to Congress as
required by chapter 8 of title 5, United States Code, to permit
congressional review of agency rulemaking and before the Secretary
of Agriculture conducts the producer referendum required under
section 8c(19) of the Agricultural Adjustment Act (7 U.S.C.
608c(19)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937.
SEC. 739. Whenever the Secretary of Agriculture announces
the basic formula price for milk for purposes of Federal milk marketing orders issued under section 8c of the Agricultural Adjustment
Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, the Secretary shall include in
the announcement an estimate, stated on a per hundredweight
basis, of the costs incurred by milk producers, including transportation and marketing costs, to produce milk in the different regions
of the United States.
SEC. 740. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses
of personnel to carry out a conservation farm option program,
as authorized by section 335 of Public Law 104–127.
SEC. 741. WAIVER OF STATUTE OF LIMITATIONS. (a) To the
extent permitted by the Constitution, any civil action to obtain
relief with respect to the discrimination alleged in an eligible complaint, if commenced not later than 2 years after the date of the
enactment of this Act, shall not be barred by any statute of limitations.
(b) The complainant may, in lieu of filing a civil action, seek
a determination on the merits of the eligible complaint by the
Department of Agriculture if such complaint was filed not later
than 2 years after the date of enactment of this Act. The Department of Agriculture shall—
(1) provide the complainant an opportunity for a hearing
on the record before making that determination;
(2) award the complainant such relief as would be afforded
under the applicable statute from which the eligible complaint
arose notwithstanding any statute of limitations; and

7 USC 2279 note.

112 STAT. 2681–31

7 USC 2279d.

PUBLIC LAW 105–277—OCT. 21, 1998

(3) to the maximum extent practicable within 180 days
after the date a determination of an eligible complaint is sought
under this subsection conduct an investigation, issue a written
determination and propose a resolution in accordance with
this subsection.
(c) Notwithstanding subsections (a) and (b), if an eligible claim
is denied administratively, the claimant shall have at least 180
days to commence a cause of action in a Federal court of competent
jurisdiction seeking a review of such denial.
(d) The United States Court of Federal Claims and the United
States District Court shall have exclusive original jurisdiction
over—
(1) any cause of action arising out of a complaint with
respect to which this section waives the statute of limitations;
and
(2) any civil action for judicial review of a determination
in an administrative proceeding in the Department of Agriculture under this section.
(e) As used in this section, the term ‘‘eligible complaint’’ means
a nonemployment related complaint that was filed with the Department of Agriculture before July 1, 1997 and alleges discrimination
at any time during the period beginning on January 1, 1981 and
ending December 31, 1996—
(1) in violation of the Equal Credit Opportunity Act (15
U.S.C. 1691 et seq.) in administering—
(A) a farm ownership, farm operating, or emergency
loan funded from the Agricultural Credit Insurance Program Account; or
(B) a housing program established under title V of
the Housing Act of 1949; or
(2) in the administration of a commodity program or a
disaster assistance program.
(f) This section shall apply in fiscal year 1999 and thereafter.
(g) The standard of review for judicial review of an agency
action with respect to an eligible complaint is de novo review.
Chapter 5 of title 5 of the United States Code shall apply with
respect to an agency action under this section with respect to
an eligible complaint, without regard to section 554(a)(1) of that
title.
SEC. 742. In any claim brought under the Rehabilitation Act
of 1973 and filed with the Secretary of Agriculture after January
1994 resulting in a finding that a farmer was subjected to discrimination under any farm loan program or activity conducted by the
United States Department of Agriculture in violation of section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Secretary
of Agriculture shall be liable for compensatory damages. Such liability shall apply to any administrative action brought before the
date of enactment of this Act, but only if the action is brought
within the applicable statute of limitations and the complainant
sought or seeks compensatory damages while the action is pending.
SEC. 743. Public Law 102–237, Title X, Section 1013(a) and
(b) (7 U.S.C. 426 note) is amended by striking ‘‘, to the extent
practicable,’’ in each instance in which it appears.
SEC. 744. Funds made available for conservation operations
by this or any other Act, including prior-year balances, shall be
available for financial assistance and technical assistance for the
purpose of constructing the Franklin County Lake Project,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–32

Mississippi, in the amounts earmarked in appropriations report
language.
SEC. 745. Section 306D of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926d) is amended by inserting ‘‘25
percent in’’ in lieu of ‘‘equal’’ in subsection (b), and by inserting
‘‘$20,000,000’’ in lieu of ‘‘$15,000,000’’ in subsection (d).
SEC. 746. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or relocate,
or to plan to close or relocate, the Food and Drug Administration
Division of Drug Analysis in St. Louis, Missouri.
SEC. 747. None of the funds made available by this Act or
any other Act for any fiscal year may be used to carry out section
302(h) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(h))
unless the Secretary of Agriculture inspects and certifies agricultural processing equipment, and imposes a fee for the inspection
and certification, in a manner that is similar to the inspection
and certification of agricultural products under that section, as
determined by the Secretary: Provided, That this provision shall
not affect the authority of the Secretary to carry out the Federal
Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products
Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.).
SEC. 748. Notwithstanding the provisions of section 508(b)(5)(A)
of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(5)(A)), for
the 1999 reinsurance and subsequent reinsurance years, no producer shall pay more than $50 per crop per county as an administrative fee for catastrophic risk protection under section 508(b)(5)(A)
of the Act.
SEC. 749. That notwithstanding section 4703(d)(1) of title 5,
United States Code, the personnel management demonstration
project established in the Department of Agriculture, as described
at 55 FR 9062 and amended at 61 FR 9507 and 61 FR 49178,
shall be continued indefinitely and become effective upon enactment
of this Act.
SEC. 750. Strike the last sentence under the heading of Title
IV—International Programs, Foreign Agricultural Service of Public
Law 100–202 (101 STAT. 1329 et seq.) and insert in lieu thereof
the following: ‘‘On or after August 1, 1998 such individuals employed
by contract to perform such services shall not, by virtue of such
employment, be considered to be employees of the United States
Government for purposes of any law administered by the Office
of Personnel Management. Such individuals may be considered
employees within the meaning of the Federal Employee Compensation Act, 5 U.S.C. 8101 et seq.’’.
SEC. 751. Section 1237D(c)(1) of subchapter C of the Food
Security Act of 1985 is amended by inserting after ‘‘perpetual’’
the following ‘‘or 30-year’’.
SEC. 752. Section 1237(b)(2) of subchapter C of the Food Security Act of 1985 is amended by adding the following:
‘‘(C) For purposes of subparagraph (A), to the maximum
extent practicable should be interpreted to mean that
acceptance of wetlands reserve program bids may be in
proportion to landowner interest expressed in program
options.’’.
SEC. 753. (a) Section 3(d)(3) of the Forest and Rangeland
Renewable Resources Research Act of 1978 (16 U.S.C. 1642(d)(3))
(as amended by section 253(b) of the Agricultural Research,

7 USC 1622 note.

7 USC 1508 note.

7 USC 1762 note.

16 USC 3837d.
16 USC 3837.

112 STAT. 2681–33

Effective date.
7 USC 343 note.

PUBLIC LAW 105–277—OCT. 21, 1998

Extension, and Education Reform Act of 1998) is amended by striking ‘‘The Secretary’’ and inserting ‘‘At the request of the Governor
of the State of Maine, New Hampshire, New York, or Vermont,
the Secretary’’.
(b) Section 7(e)(2) of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4606(e)(2)) (as amended by section
605(f)(3) of the Agricultural Research, Extension, and Education
Reform Act of 1998) is amended by striking ‘‘$0.0075’’ each place
it appears and inserting ‘‘$0.01’’.
(c)(1) Section 793(c)(2)(B) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 2204f(c)(2)(B)) is amended—
(A) in clause (iii), by striking ‘‘or’’ at the end;
(B) in clause (iv), by striking the period at the end and
inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(v) a State agricultural experiment station.’’.
(2) Section 401(d) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7621(d)) is amended—
(A) in paragraph (3), by striking ‘‘or’’ at the end;
(B) in paragraph (4), by striking the period at the end
and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(5) a State agricultural experiment station.’’.
(d) Section 3(d) of the Hatch Act of 1887 (7 U.S.C. 361c(d))
is amended—
(1) in paragraph (1), by striking ‘‘No’’ and inserting ‘‘Except
as provided in paragraph (4), no’’; and
(2) by adding at the end the following:
‘‘(4) TERRITORIES.—In lieu of the matching funds requirement of paragraph (1), the Commonwealth of Puerto Rico,
the Virgin Islands, and Guam shall be subject to the same
matching funds requirements as those applicable to an eligible
institution under section 1449 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222d).’’.
(e) Section 3(e) of the Smith-Lever Act (7 U.S.C. 343(e)) is
amended—
(1) in paragraph (1), by inserting ‘‘paragraph (4) and’’ after
‘‘provided in’’; and
(2) by adding at the end the following:
‘‘(4) TERRITORIES.—In lieu of the matching funds requirement of paragraph (1), the Commonwealth of Puerto Rico,
the Virgin Islands, and Guam shall be subject to the same
matching funds requirements as those applicable to an eligible
institution under section 1449 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222d).’’.
(f) The amendments made by this section shall take effect
on the date of enactment of the Agricultural Research, Extension,
and Education Reform Act of 1998.
SEC. 754. None of the funds appropriated by this Act or any
other Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President’s Budget submission to the Congress of the United States
for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, and Related Agencies that assumes revenues or reflects a reduction from the previous

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–34

year due to user fees proposals that have not been enacted into
law prior to the submission of the Budget unless such Budget
submission identifies which additional spending reductions should
occur in the event the users fees proposals are not enacted prior
to the date of the convening of a committee of conference for
the fiscal year 2000 appropriations Act.
SEC. 755. (a) Section 203(h) of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1622(h)) is amended by adding at the end the
following: ‘‘Shell eggs packed under the voluntary grading program
of the Department of Agriculture shall not have been shipped
for sale previous to being packed under the program, as determined
under a regulation promulgated by the Secretary.’’.
(b) Not later than 90 days after the date of enactment of
this Act, the Secretary of Agriculture, and the Secretary of Health
and Human Services, shall submit a joint status report to the
Committees on Appropriations of the House of Representatives and
the Senate that describes actions taken by the Secretary of Agriculture and the Secretary of Health and Human Services—
(1) to enhance the safety of shell eggs and egg products;
(2) to prohibit the grading, under the voluntary grading
program of the Department of Agriculture, of shell eggs previously shipped for sale; and
(3) to assess the feasibility and desirability of applying
to all shell eggs the prohibition on repackaging to enhance
food safety, consumer information, and consumer awareness.
SEC. 756. Expenses for computer-related activities of the
Department of Agriculture funded through the Commodity Credit
Corporation pursuant to section 161(b)(1)(A) of Public Law 104–
127 in fiscal year 1999 shall not exceed $65,000,000: Provided,
That section 4(g) of the Commodity Credit Corporation Charter
Act is amended by striking $193,000,000 and inserting
$188,000,000.
SEC. 757. (a) The Secretary of Agriculture may use funds for
tree assistance made available under Public Law 105–174, to carry
out a tree assistance program to owners of trees that were lost
or destroyed as a result of a disaster or emergency that was declared
by the President or the Secretary of Agriculture during the period
beginning May 1, 1998, and ending August 1, 1998, regardless
of whether the damage resulted in loss or destruction after August
1, 1998.
(b) Subject to subsection (c), the Secretary shall carry out
the program, to the maximum extent practicable, in accordance
with the terms and conditions of the tree assistance program established under part 783 of title 7, Code of Federal Regulations.
(c) A person shall be presumed eligible for assistance under
the program if the person demonstrates to the Secretary that trees
owned by the person were lost or destroyed by May 31, 1999,
as a direct result of fire blight infestation that was caused by
a disaster or emergency described in subsection (a).
SEC. 758. None of the funds appropriated or otherwise made
available by this Act shall be used to establish an Office of Community Food Security or any similar office within the United States
Department of Agriculture without the prior approval of the
Committee on Appropriations of both Houses of Congress.
SEC. 759. Notwithstanding any other provision of law, the
city of Vineland, New Jersey, shall be eligible for programs

15 USC 714b.

112 STAT. 2681–35

PUBLIC LAW 105–277—OCT. 21, 1998

administered by the Rural Housing Service and the Rural BusinessCooperative Service.
SEC. 760. (a)(1) For purposes of this section, the term ‘‘Commission’’ means the Commodity Futures Trading Commission.
(2) For purposes of this section, the term ‘‘qualifying hybrid
instrument or swap agreement’’ means a hybrid instrument or
swap agreement that—
(A) was entered into before the start of the restraint period
or is entered into during the restraint period; and
(B) is exempt under part 34 or part 35 of title 17, Code
of Federal Regulations (as in effect on January 1, 1998), qualifies for the safe harbor contained in the Policy Statement
of the Commission regarding swap agreements published in
the Federal Register on July 21, 1989 (54 Fed. Reg. 30694),
or qualifies for the exclusion set forth in the Statutory
Interpretation of the Commission concerning certain hybrid
instruments published in the Federal Register on April 11,
1990 (55 Fed. Reg. 13582).
(3) For purposes of this section, the term ‘‘restraint period’’
means the period—
(A) beginning on the date of the enactment of this Act;
and
(B) ending on March 30, 1999, or the first date on which
legislation is enacted that authorizes appropriations for the
Commission for a fiscal year after fiscal year 2000, whichever
occurs first.
(b) During the restraint period, the Commission may not propose or issue any rule or regulation, or issue any interpretation
or policy statement, that restricts or regulates activity in a qualifying hybrid instrument or swap agreement.
(c) Notwithstanding subsection (b), during the restraint period,
the Commission may—
(1) act on a petition for exemptive relief under section
4(c) of the Commodity Exchange Act (7 U.S.C. 6(c));
(2) enter such cease and desist orders and take such
enforcement action, including the imposition of sanctions, as
the Commission considers necessary to enforce any provision
of the Commodity Exchange Act (7 U.S.C. 1 et seq.) or title
17, Code of Federal Regulations, in connection with a qualifying
hybrid instrument or swap agreement, to the extent such provision is otherwise applicable to that qualifying hybrid
instrument or swap agreement or a transaction involving that
qualifying hybrid instrument or swap agreement;
(3) take such action as the Commission considers appropriate with regard to agricultural trade options; and
(4) take such action as the Commission considers appropriate to respond to a market emergency.
(d)(1) The legal status of contracts involving a qualifying hybrid
instrument or swap agreement shall not differ from the legal status
afforded such contracts during the period—
(A) beginning on—
(i) in the case of swap agreements, July 21, 1989,
which was the date on which the Commission adopted
a Policy Statement regarding swap agreements (54 Fed.
Reg. 30694); and
(ii) in the case of hybrid instruments, April 11, 1990,
which was the date that the Statutory Interpretation of

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–36

the Commission concerning hybrid instruments was published in the Federal Register; and
(B) ending on January 1, 1998.
(2) Neither the comment letter of the Commission submitted
on February 26, 1998, to the Securities and Exchange Commission
regarding the proposal known as ‘‘Broker-Dealer Lite’’, nor the
Concept Release of the Commission regarding over-the-counter
derivatives published in the Federal Register on May 12, 1998
(63 Fed. Reg. 26114), shall alter or affect the legal status of a
qualifying hybrid instrument or swap agreement under the
Commodity Exchange Act (7 U.S.C. 1 et seq.).
(e) Nothing in this section shall be construed as reflecting
or implying a determination that a qualifying hybrid instrument
or swap agreement, or a transaction involving a qualifying hybrid
instrument or swap agreement, is subject to the Commodity
Exchange Act (7 U.S.C. 1 et seq.).
SEC. 761. None of the funds appropriated or otherwise made
available by this or any other Act may be used to carry out provision
of section 612 of Public Law 105–185.
SEC. 762. Section 136 of the Agricultural Market Transition
Act (7 U.S.C. 7236) is amended by striking ‘‘1.25 cents’’ each place
it appears in subsections (a) and (b) and inserting ‘‘3 cents’’.
SEC. 763. In implementing section 1124 of subtitle C of title
XI of this Act, the Secretary of Agriculture shall:
(a) provide $18,000,000 to the states for distribution of emergency aid to individuals with family incomes below the federal
poverty level who have been adversely affected utilizing Federal
Emergency Management Agency guidelines;
(b) transfer to the Secretary of Commerce for obligation and
expenditure (1) $15,000,000 for programs pursuant to title IX of
Public Law 91–304, as amended, of which six percent may be
available for administrative costs; (2) $5,000,000 for the Trade
Adjustment Assistance program as provided by the Trade Act of
1974, as amended; and (3) $7,000,000 for disaster research and
prevention pursuant to section 402(d) of Public Law 94–265; and
(c) transfer to the Administrator of the Small Business Administration for obligation and expenditure, $5,000,000 for the cost of
direct loans authorized by section 7(b) of the Small Business Act,
as amended, for eligible small businesses.
SEC. 764. (a) Section 604 of the Clean Air Act is amended
by inserting at the end the following:
‘‘(h) METHYL BROMIDE.—Notwithstanding subsection (d) and
section 604(b), the Administrator shall not terminate production
of methyl bromide prior to January 1, 2005. The Administrator
shall promulgate rules for reductions in, and terminate the production, importation, and consumption of, methyl bromide under a
schedule that is in accordance with, but not more stringent than,
the phaseout schedule of the Montreal Protocol Treaty as in effect
on the date of the enactment of this subsection.’’.
(b) Section 604(d) of the Clean Air Act is amended by inserting
at the end the following:
‘‘(5) SANITATION AND FOOD PROTECTION.—To the extent
consistent with the Montreal Protocol’s quarantine and
preshipment provisions, the Administrator shall exempt the
production, importation, and consumption of methyl bromide
to fumigate commodities entering or leaving the United States
or any State (or political subdivision thereof) for purposes of

42 USC 7671c.

112 STAT. 2681–37

42 USC 7671c.

16 USC 590h
note.

PUBLIC LAW 105–277—OCT. 21, 1998

compliance with Animal and Plant Health Inspection Service
requirements or with any international, Federal, State, or local
sanitation or food protection standard.
‘‘(6) CRITICAL USES.—To the extent consistent with the
Montreal Protocol, the Administrator, after notice and the
opportunity for public comment, and after consultation with
other departments or instrumentalities of the Federal Government having regulatory authority related to methyl bromide,
including the Secretary of Agriculture, may exempt the production, importation, and consumption of methyl bromide for critical uses.’’.
(c) Section 604(e) of the Clean Air Act is amended by inserting
at the end the following:
‘‘(3) METHYL BROMIDE.—Notwithstanding the phaseout and
termination of production of methyl bromide pursuant to section
604(h), the Administrator may, consistent with the Montreal
Protocol, authorize the production of limited quantities of
methyl bromide, solely for use in developing countries that
are Parties to the Copenhagen Amendments to the Montreal
Protocol.’’.
SEC. 765. Notwithstanding any other provision of law, permanent employees of county committees employed on or after October
1, 1998, pursuant to 8(b) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)) shall be considered as having
Federal Civil Service status only for the purpose of applying for
the United States Department of Agriculture Civil Service vacancies.
SEC. 766. For grants for the rural empowerment zone and
enterprise communities programs, an additional $15,000,000 is
hereby appropriated, to remain available until expended, of which
$10,000,000 is for grants for entities designated under section
1391(g) of the Internal Revenue Code of 1986 for the Secretary
of Agriculture to carry out a second round of the empowerment
zone program in rural areas; and of which $5,000,000 is for grants
for rural enterprise communities for the Secretary of Agriculture
to designate not more than 20 additional rural enterprise communities provided that such communities meet the designation and
eligibility requirements of part I of subchapter U of chapter 1
of the Internal Revenue Code of 1986: Provided, That the designation of rural enterprise communities pursuant to this section shall
be solely for the purpose of this section and not for tax treatment
under the Internal Revenue Code: Provided further, That these
funds are in addition to any other funds made available for
empowerment zones and enterprise communities.
TITLE VIII—AGRICULTURAL CREDIT
SEC. 801. Section 373 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008h) is amended by striking subsection
(b) and inserting the following:
‘‘(b) PROHIBITION OF LOANS FOR BORROWERS THAT HAVE
RECEIVED DEBT FORGIVENESS.—
‘‘(1) PROHIBITIONS.—Except as provided in paragraph (2)—
‘‘(A) the Secretary may not make a loan under this
title to a borrower that has received debt forgiveness on
a loan made or guaranteed under this title; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–38

‘‘(B) the Secretary may not guarantee a loan under
this title to a borrower that has received—
‘‘(i) debt forgiveness after April 4, 1996, on a loan
made or guaranteed under this title; or
‘‘(ii) received debt forgiveness on more than 3 occasions on or before April 4, 1996.
‘‘(2) EXCEPTIONS.—
‘‘(A) IN GENERAL.—The Secretary may make a direct
or guaranteed farm operating loan for paying annual farm
or ranch operating expenses of a borrower who—
‘‘(i) was restructured with a write-down under section 353; or
‘‘(ii) is current on payments under a confirmed
reorganization plan under chapters 11, 12, or 13 of
Title 11 of the United States Code.
‘‘(B) EMERGENCY LOANS.—The Secretary may make an
emergency loan under section 321 to a borrower that—
‘‘(i) on or before April 4, 1996, received not more
than 1 debt forgiveness on a loan made or guaranteed
under this title; and
‘‘(ii) after April 4, 1996, has not received debt
forgiveness on a loan made or guaranteed under this
title.’’.
SEC. 802. Section 324(d) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1964(d)) is amended—
(1) by striking ‘‘(d) All loans’’ and inserting the following:
‘‘(d) REPAYMENT.—
‘‘(1) IN GENERAL.— All loans’’; and
(2) by adding at the end the following:
‘‘(2) NO BASIS FOR DENIAL OF LOAN.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary shall not deny a loan under this subtitle to
a borrower by reason of the fact that the borrower lacks
a particular amount of collateral for the loan if the Secretary is reasonably certain that the borrower will be able
to repay the loan.
‘‘(B) REFUSAL TO PLEDGE AVAILABLE COLLATERAL.—The
Secretary may deny or cancel a loan under this subtitle
if a borrower refuses to pledge available collateral on
request by the Secretary.’’.
SEC. 803. (a) Section 508(n) of the Federal Crop Insurance
Act (7 U.S.C. 1508(n)) is amended—
(1) by striking ‘‘If’’ and inserting the following:
‘‘(1) IN GENERAL.—Except as provided in paragraph
(2), if’’; and
(2) by adding at the end the following:
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to
emergency loans under subtitle C of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1961 et seq.).’’.
(b) Section 196(i)(3) of the Agricultural Market Transition Act
(7 U.S.C. 7333(i)(3)) is amended—
(1) by striking ‘‘If’’ and inserting the following:
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), if’’; and
(2) by adding at the end the following:

112 STAT. 2681–39

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply
to emergency loans under subtitle C of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961 et seq.).’’.
SEC. 804. Section 302 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922) is amended by adding at the
end the following:
‘‘(D) NOTICE.—Beginning with fiscal year 2000 not later
than 12 months before a borrower will become ineligible for
direct loans under this subtitle by reason of this paragraph,
the Secretary shall notify the borrower of such impending ineligibility.’’.
SEC. 805. The Consolidated Farm and Rural Development Act
(7 U.S.C. 1921 et seq.) is amended—
(1) in section 302(a)(2) (7 U.S.C. 1922(a)(2)), by inserting
‘‘for direct loans only,’’ before ‘‘have either’’;
(2) in section 311(a)(2) (7 U.S.C. 1941(a)(2)), by inserting
‘‘for direct loans only,’’ before ‘‘have either’’; and
(3) in section 359 (7 U.S.C. 2006a)—
(A) in subsection (a), by striking ‘‘and guaranteed’’;
and
(B) in subsection (c), by striking ‘‘or guaranteed’’ each
place it appears.
SEC. 806. (a) Section 305 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1925) is amended—
(1) by striking ‘‘Sec. 305. The Secretary’’ and inserting
the following:
‘‘SEC. 305. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.

‘‘(a) IN GENERAL.—The Secretary’’;
(2) by striking ‘‘$300,000’’ and inserting ‘‘$700,000
(increased, beginning with fiscal year 2000, by the inflation
percentage applicable to the fiscal year in which the loan is
guaranteed and reduced by the amount of any unpaid indebtedness of the borrower on loans under subtitle B that are guaranteed by the Secretary)’’;
(3) by striking ‘‘In determining’’ and inserting the following:
‘‘(b) DETERMINATION OF VALUE.—In determining’’; and
(4) by adding at the end the following:
‘‘(c) INFLATION PERCENTAGE.—For purposes of this section, the
inflation percentage applicable to a fiscal year is the percentage
(if any) by which—
‘‘(1) the average of the Prices Paid By Farmers Index
(as compiled by the National Agricultural Statistics Service
of the Department of Agriculture) for the 12-month period
ending on August 31 of the immediately preceding fiscal year;
exceeds
‘‘(2) the average of such index (as so defined) for the 12month period ending on August 31, 1996.’’.
(b) Section 313 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1943) is amended—
(1) by striking ‘‘Sec. 313. The Secretary’’ and inserting
the following:
‘‘SEC. 313. LIMITATIONS ON AMOUNT OF OPERATING LOANS.

‘‘(a) IN GENERAL.—The Secretary’’;
(2) by striking ‘‘this subtitle (1) that would cause’’ and
inserting ‘‘this subtitle—
‘‘(1) that would cause’’;

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–40

(3) by striking ‘‘$400,000; or (2) for the purchasing’’ and
inserting ‘‘$700,000 (increased, beginning with fiscal year 2000,
by the inflation percentage applicable to the fiscal year in
which the loan is guaranteed and reduced by the unpaid indebtedness of the borrower on loans under the sections specified
in section 305 that are guaranteed by the Secretary); or
‘‘(2) for the purchasing’’; and
(4) by adding at the end the following:
‘‘(b) INFLATION PERCENTAGE.—For purposes of this section, the
inflation percentage applicable to a fiscal year is the percentage
(if any) by which—
‘‘(1) the average of the Prices Paid By Farmers Index
(as compiled by the National Agricultural Statistics Service
of the Department of Agriculture) for the 12-month period
ending on August 31 of the immediately preceding fiscal year;
exceeds
‘‘(2) the average of such index (as so defined) for the 12month period ending on August 31, 1996.’’.
SEC. 807. Section 353(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2001(e)) is amended by adding at the
end the following:
‘‘(6) NOTICE OF RECAPTURE.—Beginning with fiscal year
2000 not later than 12 months before the end of the term
of a shared appreciation arrangement, the Secretary shall notify
the borrower involved of the provisions of the arrangement.’’.
SEC. 808. 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 ‘‘110 percent’’ and inserting ‘‘100 percent’’.
TITLE IX—INDIA-PAKISTAN RELIEF ACT
SEC. 901. SHORT TITLE. This title may be cited as the ‘‘IndiaPakistan Relief Act of 1998’’.
SEC. 902. WAIVER AUTHORITY. (a) AUTHORITY.—The President
may waive for a period not to exceed one year upon enactment
of this Act with respect to India or Pakistan the application of
any sanction or prohibition (or portion thereof) contained in section
101 or 102 of the Arms Export Control Act, section 620E(e) of
the Foreign Assistance Act of 1961, or section 2(b)(4) of the Export
Import Bank Act of 1945.
(b) EXCEPTION.—The authority provided in subsection (a) shall
not apply to any restriction in section 102(b)(2) (B), (C), or (G)
of the Arms Export Control Act.
(c) AVAILABILITY OF AMOUNTS.—Amounts made available by
this section 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, as amended: Provided,
That such amounts 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, as amended, is transmitted by the President to the Congress.
SEC. 903. CONSULTATION. Prior to each exercise of the authority
provided in section 902, the President shall consult with the appropriate congressional committees.
SEC. 904. REPORTING REQUIREMENT. Not later than 30 days
prior to the expiration of a one-year period described in section

India-Pakistan
Relief Act of
1998.
22 USC 2799aa–
1 note.
22 USC 2799aa–
1 note.

22 USC 2799aa–
1 note.
22 USC 2799aa–
1 note.

112 STAT. 2681–41

22 USC 2799aa–
1 note.

PUBLIC LAW 105–277—OCT. 21, 1998

902, the Secretary of State shall submit a report to the appropriate
congressional committees on economic and national security
developments in India and Pakistan.
SEC. 905. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ‘‘appropriate congressional committees’’ means
the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives
and the Committees on Appropriations of the House of Representatives and the Senate.
TITLE X—UNDER SECRETARY OF AGRICULTURE FOR
MARKETING AND REGULATORY PROGRAMS
SEC. 1001. GENERAL.

7 USC 6918.

Title II of the Federal Crop Insurance Reform and Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et seq.)
is amended—
(1) in section 218(a)—
(A) in paragraph (1) by adding ‘‘and’’ at the end;
(B) in paragraph (2) by striking ‘‘; and’’ and inserting
a period; and
(C) by striking paragraph (3);
(2) by redesignating subtitle I as subtitle J;
(3) by inserting after subtitle H the following:
‘‘Subtitle I—Marketing and Regulatory Programs

7 USC 7005.

‘‘SEC. 285. UNDER SECRETARY OF AGRICULTURE FOR MARKETING AND
REGULATORY PROGRAMS.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to establish
in the Department the position of Under Secretary of Agriculture
for Marketing and Regulatory Programs.
‘‘(b) CONFIRMATION REQUIRED.—If the Secretary establishes the
position of Under Secretary of Agriculture for Marketing and Regulatory Programs authorized under subsection (a), the Under Secretary shall be appointed by the President, by and with the advice
and consent of the Senate.
‘‘(c) FUNCTIONS OF UNDER SECRETARY.—
‘‘(1) PRINCIPAL FUNCTIONS.—Upon establishment, the Secretary shall delegate to the Under Secretary of Agriculture
for Marketing and Regulatory Programs those functions and
duties under the jurisdiction of the Department that are related
to agricultural marketing, animal and plant health inspection,
grain inspection, and packers and stockyards.
‘‘(2) ADDITIONAL FUNCTIONS.—The Under Secretary of Agriculture for Marketing and Regulatory Programs shall perform
such other functions and duties as may be required by law
or prescribed by the Secretary.
‘‘(d) SUCCESSION.—Any official who is serving as Assistant Secretary of Agriculture for Marketing and Regulatory Programs on
the date of the enactment of this section and who was appointed
by the President, by and with the advice and consent of the Senate,
shall not be required to be reappointed under subsection (b) to
the successor position authorized under subsection (a) if the Secretary establishes the position, and the official occupies the new
position, within 180 days after the date of enactment of this section

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–42

(or such later date set by the Secretary if litigation delays rapid
succession).
‘‘(e) EXECUTIVE SCHEDULE.—Section 5314 of title 5, United
States Code, is amended by inserting after the item relating to
the Under Secretary of Agriculture for Food Safety (as added by
section 261(c)) the following:
‘Under Secretary of Agriculture for Marketing and Regulatory
Programs.’.’’; and
(4) in section 296(b)—
(A) in paragraph (2), by striking ‘‘or’’;
(B) in paragraph (3), by striking the period and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(4) the authority of the Secretary to establish in the
Department the position of Under Secretary of Agriculture
for Marketing and Regulatory Programs under section 285.’’.

7 USC 7014.

SEC. 1002. PAY INCREASE PROHIBITED.

The compensation of any officer or employee of the Department
of Agriculture on the date of enactment of this Act shall not be
increased as a result of the enactment of this Act.
SEC. 1003. CONFORMING AMENDMENT.

Section 5315 of title 5, United States Code, is amended by
striking ‘‘Assistant Secretaries of Agriculture (3).’’ and inserting
‘‘Assistant Secretaries of Agriculture (2).’’.
TITLE XI—EMERGENCY AND MARKET LOSS ASSISTANCE
Subtitle A—Emergency Assistance for Crop and Livestock
Feed Losses Due to Disasters
SEC. 1101. GENERAL PROVISIONS.

(a) FAIR AND EQUITABLE DISTRIBUTION.—Assistance made available under this subtitle shall be distributed in a fair and equitable
manner to producers who have incurred crop and livestock feed
losses in all affected geographic regions of the United States.
(b) PROGRAM ADMINISTRATION.—In carrying out this subtitle,
the Secretary of Agriculture (referred to in this title as the ‘‘Secretary’’) may determine—
(1) 1 or more loss thresholds producers on a farm must
incur with respect to a crop to be eligible for assistance;
(2) the payment rate for crop and livestock feed losses
incurred; and
(3) eligibility and payment limitation criteria (as defined
by the Secretary) for persons to receive assistance under this
subtitle, which, in the case of assistance received under any
section of this subtitle, shall be in addition to—
(A) assistance made available under any other section
of this subtitle and subtitle B;
(B) payments or loans received by a person under
the Agricultural Market Transition Act (7 U.S.C. 7201 et
seq.);
(C) payments received by a person for the 1998 crop
under the noninsured crop assistance program established
under section 196 of that Act (7 U.S.C. 7333);

7 USC 1421 note.

112 STAT. 2681–43

PUBLIC LAW 105–277—OCT. 21, 1998
(D) crop insurance indemnities provided for the 1998
crop under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.); and
(E) emergency loans made available for the 1998 crop
under subtitle C of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961 et seq.).

7 USC 1421 note.

SEC. 1102. CROP LOSS ASSISTANCE.

(a) IN GENERAL.—The Secretary shall administer a program
under which emergency financial assistance is made available to
producers on a farm who have incurred losses associated with
crops due to disasters (as determined by the Secretary).
(b) LOSSES INCURRED FOR 1998 CROP.—Subject to section 1132,
the Secretary shall use not more than $1,500,000,000 to make
available assistance to producers on a farm who have incurred
losses in the 1998 crop due to disasters.
(c) MULTIYEAR LOSSES.—Subject to section 1132, the Secretary
shall use not more than $875,000,000 to make available assistance
to producers on a farm who have incurred multiyear losses (as
defined by the Secretary) in the 1998 and preceding crops of a
commodity due to disasters (including, but not limited to, diseases
such as scab).
(d) RELATIONSHIP BETWEEN ASSISTANCE.—The Secretary shall
make assistance available to producers on a farm under either
subsection (b) or (c).
(e) QUALIFYING LOSSES.—Assistance under this section may
be made for losses associated with crops that are due to, as determined by the Secretary—
(1) quantity losses;
(2) quality (including, but not limited to, aflatoxin) losses;
or
(3) severe economic losses due to damaging weather or
related condition.
(f) CROPS COVERED.—Assistance under this section shall be
applicable to losses for all crops (including losses of trees from
which a crop is harvested), as determined by the Secretary, due
to disasters.
(g) CROP INSURANCE.—
(1) ADMINISTRATION.—In carrying out this section, the Secretary shall not discriminate against or penalize producers
on a farm who have purchased crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
(2) ENCOURAGING FUTURE CROP INSURANCE PARTICIPATION.—Subject to section 1132, the Secretary, acting through
the Federal Crop Insurance Corporation, may use the funds
made available under subsections (b) and (c), and only those
funds, to provide premium refunds or other assistance to purchasers of crop insurance for their 1998 insured crops, or their
preceding (including 1998) insured crops.
(3) PRODUCERS WHO HAVE NOT PURCHASED CROP INSURANCE
FOR 1998 CROP.—As a condition of receiving assistance under
this section, producers on a farm who have not purchased
crop insurance for the 1998 crop under that Act shall agree
by contract to purchase crop insurance for the 1999 and 2000
crops produced by the producers.
(4) LIQUIDATED DAMAGES.—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–44

(A) IN GENERAL.—The contract under paragraph (3)
shall provide for liquidated damages to be paid by the
producers due to the failure of the producers to purchase
crop insurance as provided in paragraph (3).
(B) NOTICE OF DAMAGES.—The amount of the liquidated
damages shall be established by the Secretary and specified
in the contract agreed to by the producers.
(5) FUNDING FOR CROP INSURANCE PURCHASE REQUIREMENT.—Subject to section 1132, such sums as may be necessary,
to remain available until expended, shall be available to the
Federal Crop Insurance Corporation to cover costs incurred
by the Corporation as a result of the crop insurance purchase
requirement of paragraph (3). Funds made available under
subsections (b) and (c) may not be used to cover such costs.
SEC. 1103. EMERGENCY LIVESTOCK FEED ASSISTANCE.

7 USC 1421 note.

Subject to section 1132, the Secretary shall use not more than
$200,000,000 to make available livestock feed assistance to livestock
producers affected by disasters during calendar year 1998.
Subtitle B—Market Loss Assistance
SEC. 1111. MARKET LOSS ASSISTANCE.

7 USC 1421 note.

(a) IN GENERAL.—Subject to section 1132 and except as provided
in subsection (d), the Secretary shall use not more than
$3,057,000,000 for assistance to owners and producers on a farm
who are eligible for final payments for fiscal year 1998 under
a production flexibility contract for the farm under the Agricultural
Market Transition Act (7 U.S.C. 7201 et seq.) to partially compensate the owners and producers for the loss of markets for the
1998 crop of a commodity.
(b) AMOUNT.—Except as provided in subsection (d), the amount
of assistance made available to owners and producers on a farm
under this section shall be proportional to the amount of the contract payment received by the owners and producers for fiscal
year 1998 under a production flexibility contract for the farm under
the Agricultural Market Transition Act.
(c) TIME FOR PAYMENT.—The assistance made available under
this section for an eligible owner or producer shall be made as
soon as practicable after the date of enactment of this Act.
(d) Of the total amount provided under subsection (a),
$200,000,000 shall be available to provide assistance to dairy
producers in a manner determined by the Secretary: Provided,
That no payments made under this section shall affect any decision
with respect to rulemaking activities described under section 143
of Public Law 104–127.
Subtitle C—Other Assistance
SEC. 1121. INDEMNITY PAYMENTS FOR COTTON PRODUCERS.

(a) FEDERAL CONTRIBUTION.—Subject to subsection (b), the Secretary of Agriculture shall pay $5,000,000 to the State of Georgia
to help fund an indemnity fund, to be established and managed
by that State, to compensate cotton producers in that State for
losses incurred in 1998 or 1999 from the loss of properly stored,
harvested cotton as the result of the bankruptcy of a warehouseman
or other party in possession of warehouse receipts evidencing title

7 USC 1421 note.

112 STAT. 2681–45

PUBLIC LAW 105–277—OCT. 21, 1998

to the commodity, an improper conversion or transfer of the cotton,
or such other potential hazards as determined appropriate by the
State.
(b) CONDITIONS ON PAYMENT TO STATE.—The Secretary of Agriculture shall make the payment to the State of Georgia under
subsection (a) only if the State also contributes $5,000,000 to the
indemnity fund and agrees to expend all amounts in the indemnity
fund by not later than January 1, 2000, to provide compensation
to cotton producers as provided in such subsection. If the State
of Georgia fails to make its contribution of $5,000,000 to the indemnity fund by July 1, 1999, the funds that would otherwise be
paid to the State shall be available to the Secretary for the purpose
of providing partial compensation to cotton producers as provided
in such subsection.
(c) REPORTING REQUIREMENTS.—Upon the establishment of the
indemnity fund, and not later than October 1, 1999, the State
of Georgia shall submit a report to the Secretary of Agriculture
and the Congress describing the State’s efforts to use the indemnity
fund to provide compensation to injured cotton producers.
7 USC 1421 note.

SEC. 1122. HONEY RECOURSE LOANS.

(a) IN GENERAL.—Notwithstanding any other provision of law,
in order to assist producers of honey to market their honey in
an orderly manner during a period of disastrously low prices, the
Secretary shall make available recourse loans to producers of the
1998 crop of honey on fair and reasonable terms and conditions,
as determined by the Secretary.
(b) LOAN RATE.—The loan rate of the loans shall be 85 percent
of the average price of honey during the 5-crop year period preceding
the 1998 crop year, excluding the crop year in which the average
price of honey was the highest and the crop year in which the
average price of honey was the lowest in the period.
(c) NO NET COST BASIS.—Repayment of a loan under this
section shall include repayment for interest and administrative
costs as necessary to operate the program established under this
section on a no net cost basis.
7 USC 1421 note.

SEC. 1123. NONINSURED CROP ASSISTANCE TO RAISIN PRODUCERS.

Notwithstanding any of the provisions of section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333) that would exclude the following producers from benefits
thereunder, the Secretary shall make Noninsured Crop Assistance
Program payments in fiscal year 1999 to raisin producers who
obtained catastrophic risk protection but because of adverse weather
conditions were not able to comply with the policy deadlines for
laying the raisins in trays.
7 USC 1421 note.

SEC. 1124. EMERGENCY ASSISTANCE.

In addition to amounts appropriated or otherwise made available by this Act, $50,000,000 is appropriated to the Department
of Agriculture, to remain available until expended, to provide emergency disaster assistance to persons or entities who have incurred
losses from a failure under section 312(a) of Public Law 94–265.
SEC. 1125. FOOD FOR PROGRESS.

The Food for Progress Act of 1985 (7 U.S.C. 1736o) is
amended—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–46

(1) in subsection (f)(3), by inserting after ‘‘$30,000,000’’
the following: ‘‘(or, in the case of fiscal year 1999, $35,000,000)’’;
(2) in subsection (l)(1), by inserting after ‘‘$10,000,000’’
the following: ‘‘(or, in the case of fiscal year 1999, $12,000,000)’’;
(3) by redesignating subsection (n) as subsection (o); and
(4) by inserting after subsection (m) the following:
‘‘(n) During fiscal year 1999, to the maximum extent practicable,
the Secretary shall utilize Private Voluntary Organizations to carry
out this section.’’.
SEC. 1126. TEMPORARY EXPANSION OF RECOURSE LOAN AUTHORITY.

7 USC 1421 note.

Section 137 of the Agricultural Market Transition Act (7 U.S.C.
7237) is amended—
(1) in the section heading, by inserting ‘‘AND OTHER
FIBERS’’ before the period at the end;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
‘‘(c) RECOURSE LOANS AVAILABLE FOR MOHAIR.—
‘‘(1) RECOURSE LOANS AVAILABLE.—Notwithstanding any
other provision of law, during fiscal year 1999, the Secretary
shall make available recourse loans, as determined by the
Secretary, to producers of mohair produced during or before
that fiscal year.
‘‘(2) LOAN RATE.—The loan rate for a loan under paragraph
(1) shall be equal to $2.00 per pound.
‘‘(3) TERM OF LOAN.—A loan under paragraph (1) shall
have a term of 1 year beginning on the first day of the first
month after the month in which the loan is made.
‘‘(4) WAIVER OF INTEREST.—Notwithstanding subsection (d),
the Secretary shall not charge interest on a loan made under
paragraph (1).’’.
SEC. 1127. PILOT PROGRAMS.

7 USC 1421 note.

(a) DOMESTIC MARKET REPORTING PILOT PROGRAM.—Title IV
of the Packers and Stockyards Act is amended to include the following new section:
‘‘SEC. 416. MANDATORY DOMESTIC REPORTING PILOT INVESTIGATION.

‘‘(1) IN GENERAL.—The Secretary of Agriculture shall conduct
a twelve month pilot investigation, beginning upon the date of
implementation of such pilot, under which the Secretary shall
require any person or class of persons engaged in the business
of buying, selling, or marketing domestic or imported cattle for
immediate slaughter and fresh muscle cuts of beef, or domestic
or imported sheep and fresh or frozen muscle cuts of lamb, to
report to the Secretary, in the least intrusive manner possible,
information relating to prices for the procurement of these items.
‘‘(2) APPLICATION.—This section shall only apply to a person
that is engaged in the business of buying, selling, or marketing
a significant share of the national market, as determined by the
Secretary, of the total volume of domestic or imported cattle for
immediate slaughter and fresh muscle cuts of beef, or domestic
or imported sheep and fresh or frozen muscle cuts of lamb, bought,
sold, or marketed in the United States.
‘‘(3) REPORT.—Not later than six months after the conclusion
of the mandatory domestic reporting pilot investigation, the Secretary of Agriculture shall submit a report to the Committee on
Agriculture of the House of Representatives and the Committee

7 USC 229a.

112 STAT. 2681–47

PUBLIC LAW 105–277—OCT. 21, 1998

on Agriculture, Nutrition, and Forestry of the Senate on the
effectiveness of the pilot investigation. No information collected
under the pilot investigation may be disclosed until the report
is submitted.’’.
(b) EXPORT MARKET REPORTING PILOT INVESTIGATION.—
(1) IN GENERAL.—The Secretary shall implement a twelve
month pilot investigation, beginning on the date of implementation, of a streamlined electronic system for collecting export
data, in the least intrusive manner possible, for fresh or frozen
muscle cuts of meat food products, and develop a data-reporting
program to disseminate summary information in a timely manner, not to exceed two weeks after issuance.
(2) REPORT.—Not later than six months after the conclusion
of the mandatory export reporting pilot investigation, the Secretary of Agriculture shall submit a report to the Committee
on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on
the effectiveness of the pilot investigation.
(c) FUNDING.—An amount of $250,000 is hereby appropriated
to carry out this section of the Act.
Subtitle D—Administration
7 USC 1421 note.

SEC. 1131. COMMODITY CREDIT CORPORATION.

Subject to section 1132, the Secretary shall use the funds,
facilities, and authorities of the Commodity Credit Corporation
to carry out subtitles A, B, and C of this title.
7 USC 1421 note.

SEC. 1132. EMERGENCY REQUIREMENT.

Notwithstanding the last sentence of section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended, amounts made available by subtitles A, B, and C
of this title 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, as amended: Provided,
That such amounts 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, as amended, is transmitted by the President to Congress.
7 USC 1421 note.

SEC. 1133. REGULATIONS.

(a) ISSUANCE OF REGULATIONS.—As soon as practicable after
the date of enactment of this Act, the Secretary and the Commodity
Credit Corporation, as appropriate, shall issue such regulations
as are necessary to implement subtitles A, B, and C of this title.
The issuance of the regulations shall be made without regard to—
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices
of proposed rulemaking and public participation in rulemaking;
and
(3) chapter 35 of title 44, United States Code (commonly
known as the ‘‘Paperwork Reduction Act’’).
(b) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In
carrying out this section, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–48

TITLE XII—BIODIESEL
SEC. 1201. BIODIESEL FUEL USE CREDITS.

(a) AMENDMENT.—Title III of the Energy Policy Act of 1992
(42 U.S.C. 13211–13219) is amended by adding at the end the
following new section:
‘‘SEC. 312. BIODIESEL FUEL USE CREDITS.

‘‘(a) ALLOCATION OF CREDITS.—
‘‘(1) IN GENERAL.—The Secretary shall allocate one credit
under this section to a fleet or covered person for each qualifying volume of the biodiesel component of fuel containing at
least 20 percent biodiesel by volume purchased after the date
of the enactment of this section for use by the fleet or covered
person in vehicles owned or operated by the fleet or covered
person that weigh more than 8,500 pounds gross vehicle weight
rating.
‘‘(2) EXCEPTIONS.—No credits shall be allocated under paragraph (1) for a purchase of biodiesel—
‘‘(A) for use in alternative fueled vehicles; or
‘‘(B) that is required by Federal or State law.
‘‘(3) AUTHORITY TO MODIFY PERCENTAGE.—The Secretary
may, by rule, lower the 20 percent biodiesel volume requirement
in paragraph (1) for reasons related to cold start, safety, or
vehicle function considerations.
‘‘(4) DOCUMENTATION.—A fleet or covered person seeking
a credit under this section shall provide written documentation
to the Secretary supporting the allocation of a credit to such
fleet or covered person under paragraph (1).
‘‘(b) USE OF CREDITS.—
‘‘(1) IN GENERAL.—At the request of a fleet or covered
person allocated a credit under subsection (a), the Secretary
shall, for the year in which the purchase of a qualifying volume
is made, treat that purchase as the acquisition of one alternative fueled vehicle the fleet or covered person is required
to acquire under this title, title IV, or title V.
‘‘(2) LIMITATION.—Credits allocated under subsection (a)
may not be used to satisfy more than 50 percent of the alternative fueled vehicle requirements of a fleet or covered person
under this title, title IV, and title V. This paragraph shall
not apply to a fleet or covered person that is a biodiesel alternative fuel provider described in section 501(a)(2)(A).
‘‘(c) CREDIT NOT A SECTION 508 CREDIT.—A credit under this
section shall not be considered a credit under section 508.
‘‘(d) ISSUANCE OF RULE.—The Secretary shall, before January
1, 1999, issue a rule establishing procedures for the implementation
of this section.
‘‘(e) COLLECTION OF DATA.—The Secretary shall collect such
data as are required to make a determination described in subsection (f)(2)(B).
‘‘(f) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘biodiesel’ means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the
registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section
211 of the Clean Air Act; and
‘‘(2) the term ‘qualifying volume’ means—

42 USC 13220.

112 STAT. 2681–49

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(A) 450 gallons; or
‘‘(B) if the Secretary determines by rule that the average annual alternative fuel use in light duty vehicles by
fleets and covered persons exceeds 450 gallons or gallon
equivalents, the amount of such average annual alternative
fuel use.’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table of contents
of the Energy Policy Act of 1992 is amended by adding at the
end of the items relating to title III the following new item:
‘‘Sec. 312. Biodiesel fuel use credits.’’.

TITLE XIII—EMERGENCY APPROPRIATIONS
DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,
$40,000,000, 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 an additional gross obligation for the principal amount
of direct and guaranteed farm operating loans as authorized by
7 U.S.C. 1928–1929, to be available from funds in the Agricultural
Credit Insurance Fund, $540,510,000, of which $150,000,000 shall
be for unsubsidized guaranteed loans and $156,704,000 shall be
for subsidized guaranteed loans.
For the additional cost of direct and guaranteed farm operating
loans, including the cost of modifying such loans as defined in
section 502 of the Congressional Budget Act of 1974, farm operating
loans, $31,405,000, of which $15,969,000 shall be for direct loans,
$13,696,000 for guaranteed subsidized loans, and $1,740,000 for
unsubsidized guaranteed loans: 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.
COMMODITY CREDIT CORPORATION FUND
DAIRY PRODUCTION DISASTER ASSISTANCE PROGRAM

An additional $3,000,000 is provided for the dairy production
indemnity program as established by Public Law 105–174: Provided,
That the entire amount shall be available only to the extent that
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.

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112 STAT. 2681–50

NATURAL RESOURCES CONSERVATION SERVICE
FORESTRY INCENTIVES PROGRAM

For an additional amount to carry out the program of forestry
incentives, as authorized by the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2101), including technical assistance and
related expenses, $10,000,000, to remain available until expended,
as authorized by that Act: Provided, That the entire amount shall
be available only to the extent that an official budget request
for $10,000,000, 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.
This Act may be cited as the ‘‘Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act, 1999’’.
(b) For programs, projects or activities in the Departments
of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective
as if it had been enacted into law as the regular appropriations
Act:
AN ACT Making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year ending September 30,
1999, and for other purposes.

TITLE I—DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $79,448,000, of which not to exceed $3,317,000
is for the Facilities Program 2000, to remain available until
expended: Provided, That not to exceed 43 permanent positions
and 44 full-time equivalent workyears and $8,136,000 shall be
expended for the Department Leadership Program exclusive of augmentation that occurred in these offices in fiscal year 1998: Provided
further, That not to exceed 41 permanent positions and 48 fulltime equivalent workyears and $4,811,000 shall be expended for
the Offices of Legislative Affairs and Public Affairs: Provided further, That the latter two aforementioned offices shall not be augmented by personnel details, temporary transfers of personnel on
either a reimbursable or non-reimbursable basis or any other type
of formal or informal transfer or reimbursement of personnel or
funds on either a temporary or long-term basis: Provided further,
That the Attorney General is authorized to transfer, under such
terms and conditions as the Attorney General shall specify, forfeited
real or personal property of limited or marginal value, as such
value is determined by guidelines established by the Attorney General, to a State or local government agency, or its designated contractor or transferee, for use to support drug abuse treatment,
drug and crime prevention and education, housing, job skills, and
other community-based public health and safety programs: Provided

Departments of
Commerce,
Justice, and
State, the
Judiciary, and
Related Agencies
Appropriations
Act, 1999.
Department of
Justice
Appropriations
Act, 1999.

112 STAT. 2681–51

PUBLIC LAW 105–277—OCT. 21, 1998

further, That any transfer under the preceding proviso shall not
create or confer any private right of action in any person against
the United States, and shall be treated as a reprogramming under
section 605 of this Act.
COUNTERTERRORISM FUND

For necessary expenses, as determined by the Attorney General,
$10,000,000, to remain available until expended, to reimburse any
Department of Justice organization for (1) the costs incurred in
reestablishing the operational capability of an office or facility which
has been damaged or destroyed as a result of any domestic or
international terrorist incident; (2) the costs of providing support
to counter, investigate or prosecute domestic or international terrorism, including payment of rewards in connection with these activities; (3) the costs of conducting a terrorism threat assessment
of Federal agencies and their facilities; (4) the costs associated
with ensuring the continuance of essential Government functions
during a time of emergency; and (5) the costs of activities related
to the protection of the Nation’s critical infrastructure: Provided,
That any Federal agency may be reimbursed for the costs of detaining in foreign countries individuals accused of acts of terrorism
that violate the laws of the United States: Provided further, That
funds provided under this paragraph shall be available only after
the Attorney General notifies the Committees on Appropriations
of the House of Representatives and the Senate in accordance
with section 605 of this Act.
In addition, for necessary expenses, as determined by the Attorney General, $135,000,000, to remain available until expended,
to reimburse or transfer to agencies of the Department of Justice
for any costs incurred in connection with: (1) providing bomb training and response capabilities to State and local law enforcement
agencies; (2) providing training and related equipment for chemical,
biological, nuclear, and cyber attack prevention and response
capabilities for States, cities, territories, and local jurisdictions;
and (3) providing grants, contracts, cooperative agreements, and
other assistance authorized by sections 819, 821, and 822 of the
Antiterrorism and Effective Death Penalty Act of 1996: Provided,
That such funds transferred to the Office of Justice Programs
may include amounts for management and administration, which
shall be transferred to and merged with the ‘‘Justice Assistance’’
account.
ADMINISTRATIVE REVIEW AND APPEALS

For expenses necessary for the administration of pardon and
clemency petitions and immigration related activities, $75,312,000.
In addition, $59,251,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction
Trust Fund.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $35,610,000; including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character, to be expended
under the direction of, and to be accounted for solely under the

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–52

certificate of, the Attorney General; and for the acquisition, lease,
maintenance, and operation of motor vehicles, without regard to
the general purchase price limitation for the current fiscal year:
Provided, That up to one-tenth of one percent of the Department
of Justice’s allocation from the Violent Crime Reduction Trust Fund
grant programs may be transferred at the discretion of the Attorney
General to this account for the audit or other review of such
grant programs, as authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103–322).
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission
as authorized by law, $7,400,000.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed
$20,000 for expenses of collecting evidence, to be expended under
the direction of, and to be accounted for solely under the certificate
of, the Attorney General; and rent of private or Government-owned
space in the District of Columbia, $466,840,000; of which not to
exceed $10,000,000 for litigation support contracts shall remain
available until expended: Provided, That of the funds available
in this appropriation, not to exceed $17,834,000 shall remain available until expended for office automation systems for the legal
divisions covered by this appropriation, and for the United States
Attorneys, the Antitrust Division, and offices funded through ‘‘Salaries and Expenses’’, General Administration: Provided further, That
of the total amount appropriated, not to exceed $1,000 shall be
available to the United States National Central Bureau,
INTERPOL, for official reception and representation expenses: Provided further, That $813,333 of funds made available to the Department of Justice in this Act shall be transferred by the Attorney
General to the Presidential Advisory Commission on Holocaust
Assets in the United States: Provided further, That any transfer
pursuant to the previous proviso shall be treated as a reprogramming under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures set forth in that section.
In addition, $8,160,000, to be derived from the Violent Crime
Reduction Trust Fund, to remain available until expended for such
purposes.
In addition, for reimbursement of expenses of the Department
of Justice associated with processing cases under the National
Childhood Vaccine Injury Act of 1986, as amended, not to exceed
$4,028,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.

112 STAT. 2681–53

PUBLIC LAW 105–277—OCT. 21, 1998
SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and
kindred laws, $68,275,000: Provided, That, notwithstanding any
other provision of law, not to exceed $68,275,000 of offsetting collections derived from fees collected in fiscal year 1999 for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be retained and used
for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the General Fund shall be reduced as such
offsetting collections are received during fiscal year 1999, so as
to result in a final fiscal year 1999 appropriation from the General
Fund estimated at not more than $0.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For necessary expenses of the Offices of the United States
Attorneys, including intergovernmental and cooperative agreements, $1,009,680,000; of which not to exceed $2,500,000 shall
be available until September 30, 2000, for (1) training personnel
in debt collection, (2) locating debtors and their property, (3) paying
the net costs of selling property, and (4) tracking debts owed to
the United States Government: Provided, That of the total amount
appropriated, not to exceed $8,000 shall be available for official
reception and representation expenses: Provided further, That not
to exceed $10,000,000 of those funds available for automated litigation support contracts shall remain available until expended: Provided further, That not to exceed $2,500,000 for the operation
of the National Advocacy Center shall remain available until
expended: Provided further, That not to exceed $1,000,000 shall
remain available until expended for the expansion of existing Violent Crime Task Forces in United States Attorneys Offices into
demonstration projects, including inter-governmental, inter-local,
cooperative, and task-force agreements, however denominated, and
contracts with State and local prosecutorial and law enforcement
agencies engaged in the investigation and prosecution of violent
crimes: Provided further, That, in addition to reimbursable fulltime equivalent workyears available to the Offices of the United
States Attorneys, not to exceed 9,044 positions and 9,312 fulltime equivalent workyears shall be supported from the funds appropriated in this Act for the United States Attorneys: Provided further,
That $2,300,000 shall be used to provide for additional assistant
United States attorneys and investigators to serve in Philadelphia,
Pennsylvania, and Camden County, New Jersey, to enforce Federal
laws designed to prevent the possession by criminals of firearms
(as that term is defined in section 921(a) of title 18, United States
Code), of which $1,500,000 shall be used to provide for those attorneys and investigators in Philadelphia, Pennsylvania, and $800,000
shall be used to provide for those attorneys and investigators in
Camden County, New Jersey.
In addition, $80,698,000, to be derived from the Violent Crime
Reduction Trust Fund, to remain available until expended for such
purposes.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–54

UNITED STATES TRUSTEE SYSTEM FUND

For necessary expenses of the United States Trustee Program,
as authorized by 28 U.S.C. 589a(a), $114,248,000, to remain available until expended and to be derived from the United States
Trustee System Fund: Provided, That, notwithstanding any other
provision of law, deposits to the Fund shall be available in such
amounts as may be necessary to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law,
$114,248,000 of offsetting collections derived from fees collected
pursuant to 28 U.S.C. 589a(b) shall be retained and used for necessary expenses in this appropriation and remain available until
expended: Provided further, That the sum herein appropriated from
the Fund shall be reduced as such offsetting collections are received
during fiscal year 1999, so as to result in a final fiscal year 1999
appropriation from the Fund estimated at $0: Provided further,
That any funds collected in fiscal year 1998 in excess of
$114,248,000 are not available for obligation.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized
by 5 U.S.C. 3109, $1,227,000.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

For necessary expenses of the United States Marshals Service;
including the acquisition, lease, maintenance, and operation of
vehicles, and the purchase of passenger motor vehicles for policetype use, without regard to the general purchase price limitation
for the current fiscal year, $477,056,000, as authorized by 28 U.S.C.
561(i); of which not to exceed $6,000 shall be available for official
reception and representation expenses; and of which not to exceed
$4,000,000 for development, implementation, maintenance and support, and training for an automated prisoner information system
shall remain available until expended.
In addition, $25,553,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction
Trust Fund.
CONSTRUCTION

For planning, constructing, renovating, equipping, and
maintaining United States Marshals Service prisoner-holding space
in United States courthouses and federal buildings, including the
renovation and expansion of prisoner movement areas, elevators,
and sallyports, $4,600,000, to remain available until expended.
JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM FUND,
UNITED STATES MARSHALS SERVICE

There is hereby established a Justice Prisoner and Alien
Transportation System Fund for the payment of necessary expenses
related to the scheduling and transportation of United States prisoners and illegal and criminal aliens in the custody of the United
States Marshals Service, as authorized in 18 U.S.C. 4013, including,
without limitation, salaries and expenses, operations, and the
acquisition, lease, and maintenance of aircraft and support facilities:

18 USC 4013
note.

112 STAT. 2681–55

PUBLIC LAW 105–277—OCT. 21, 1998

Provided, That the Fund shall be reimbursed or credited with
advance payments from amounts available to the Department of
Justice, other Federal agencies, and other sources at rates that
will recover the expenses of Fund operations, including, without
limitation, accrual of annual leave and depreciation of plant and
equipment of the Fund: Provided further, That proceeds from the
disposal of Fund aircraft shall be credited to the Fund: Provided
further, That amounts in the Fund shall be available without fiscal
year limitation, and may be used for operating equipment lease
agreements that do not exceed 5 years.
FEDERAL PRISONER DETENTION

For expenses, related to United States prisoners in the custody
of the United States Marshals Service as authorized in 18 U.S.C.
4013, but not including expenses otherwise provided for in appropriations available to the Attorney General, $425,000,000, as
authorized by 28 U.S.C. 561(i), to remain available until expended.
FEES AND EXPENSES OF WITNESSES

For expenses, mileage, compensation, and per diems of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, and for
per diems in lieu of subsistence, as authorized by law, including
advances, $95,000,000, to remain available until expended; of which
not to exceed $6,000,000 may be made available for planning,
construction, renovations, maintenance, remodeling, and repair of
buildings, and the purchase of equipment incident thereto, for protected witness safesites; and of which not to exceed $1,000,000
may be made available for the purchase and maintenance of
armored vehicles for transportation of protected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964, $7,199,000
and, in addition, up to $500,000 of funds made available to the
Department of Justice in this Act may be transferred by the Attorney General to this account: Provided, That notwithstanding any
other provision of law, upon a determination by the Attorney General that emergent circumstances require additional funding for
conflict prevention and resolution activities of the Community Relations Service, the Attorney General may transfer such amounts
to the Community Relations Service, from available appropriations
for the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the previous proviso shall be treated
as a reprogramming under section 605 of this Act and shall not
be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
ASSETS FORFEITURE FUND

For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F),
and (G), as amended, $23,000,000, to be derived from the Department of Justice Assets Forfeiture Fund.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–56

RADIATION EXPOSURE COMPENSATION
ADMINISTRATIVE EXPENSES

For necessary administrative expenses in accordance with the
Radiation Exposure Compensation Act, $2,000,000.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT

For necessary expenses for the detection, investigation, and
prosecution of individuals involved in organized crime drug trafficking not otherwise provided for, to include intergovernmental agreements with State and local law enforcement agencies engaged in
the investigation and prosecution of individuals involved in organized crime drug trafficking, $304,014,000, of which $50,000,000
shall remain available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed from
this appropriation: Provided further, That any unobligated balances
remaining available at the end of the fiscal year shall revert to
the Attorney General for reallocation among participating organizations in succeeding fiscal years, subject to the reprogramming procedures described in section 605 of this Act.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES

For necessary expenses of the Federal Bureau of Investigation
for detection, investigation, and prosecution of crimes against the
United States; including purchase for police-type use of not to
exceed 2,668 passenger motor vehicles, of which 2,000 will be for
replacement only, without regard to the general purchase price
limitation for the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance, and operation of aircraft;
and not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of, and
to be accounted for solely under the certificate of, the Attorney
General, $2,746,805,000; of which not to exceed $50,000,000 for
automated data processing and telecommunications and technical
investigative equipment and not to exceed $1,000,000 for undercover
operations shall remain available until September 30, 2000; of
which not less than $292,473,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other activities
related to our national security; of which not to exceed $61,800,000
shall remain available until expended; of which not to exceed
$10,000,000 is authorized to be made available for making advances
for expenses arising out of contractual or reimbursable agreements
with State and local law enforcement agencies while engaged in
cooperative activities related to violent crime, terrorism, organized
crime, and drug investigations; and of which $1,500,000 shall be
available to maintain an independent program office dedicated
solely to the automation of fingerprint identification services: Provided, That not to exceed $45,000 shall be available for official
reception and representation expenses: Provided further, That no
funds in this Act may be used to provide ballistics imaging

112 STAT. 2681–57

PUBLIC LAW 105–277—OCT. 21, 1998

equipment to any State or local authority which has obtained similar equipment through a Federal grant or subsidy unless the State
or local authority agrees to return that equipment or to repay
that grant or subsidy to the Federal Government.
In addition, $223,356,000 for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction
Trust Fund, as authorized by the Violent Crime Control and Law
Enforcement Act of 1994, as amended, and the Antiterrorism and
Effective Death Penalty Act of 1996.
CONSTRUCTION

For necessary expenses to construct or acquire buildings and
sites by purchase, or as otherwise authorized by law (including
equipment for such buildings); conversion and extension of federallyowned buildings; and preliminary planning and design of projects;
$1,287,000, to remain available until expended.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of, and to be accounted for solely under the certificate of,
the Attorney General; expenses for conducting drug education and
training programs, including travel and related expenses for participants in such programs and the distribution of items of token
value that promote the goals of such programs; purchase of not
to exceed 1,428 passenger motor vehicles, of which 1,080 will be
for replacement only, for police-type use without regard to the
general purchase price limitation for the current fiscal year; and
acquisition, lease, maintenance, and operation of aircraft;
$800,780,000, of which not to exceed $1,800,000 for research and
$15,000,000 for transfer to the Drug Diversion Control Fee Account
for operating expenses shall remain available until expended, and
of which not to exceed $4,000,000 for purchase of evidence and
payments for information, not to exceed $10,000,000 for contracting
for automated data processing and telecommunications equipment,
and not to exceed $2,000,000 for laboratory equipment, $4,000,000
for technical equipment, and $2,000,000 for aircraft replacement
retrofit and parts, shall remain available until September 30, 2000;
and of which not to exceed $50,000 shall be available for official
reception and representation expenses.
In addition, $405,000,000, for such purposes, to remain available until expended, to be derived from the Violent Crime Reduction
Trust Fund.
CONSTRUCTION

For necessary expenses to construct or acquire buildings and
sites by purchase, or as otherwise authorized by law (including
equipment for such buildings); conversion and extension of federallyowned buildings; and preliminary planning and design of projects;
$8,000,000, to remain available until expended.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–58

IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES

For expenses necessary for the administration and enforcement
of the laws relating to immigration, naturalization, and alien registration, as follows:
ENFORCEMENT AND BORDER AFFAIRS

For salaries and expenses for the Border Patrol program, the
detention and deportation program, the intelligence program, the
investigations program, and the inspections program, including not
to exceed $50,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be accounted
for solely under the certificate of, the Attorney General; purchase
for police-type use (not to exceed 3,855 passenger motor vehicles,
of which 2,535 are for replacement only), without regard to the
general purchase price limitation for the current fiscal year, and
hire of passenger motor vehicles; acquisition, lease, maintenance
and operation of aircraft; research related to immigration enforcement; for protecting and maintaining the integrity of the borders
of the United States including, without limitation, equipping,
maintaining, and making improvements to the infrastructure; and
for the care and housing of Federal detainees held in the joint
Immigration and Naturalization Service and United States Marshals Service’s Buffalo Detention Facility, $1,069,754,000, of which
not to exceed $400,000 for research shall remain available until
expended; of which not to exceed $10,000,000 shall be available
for costs associated with the training program for basic officer
training, and $5,000,000 is for payments or advances arising out
of contractual or reimbursable agreements with State and local
law enforcement agencies while engaged in cooperative activities
related to immigration; and of which not to exceed $5,000,000
is to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled
illegal aliens: Provided, That none of the funds available to the
Immigration and Naturalization Service shall be available to pay
any employee overtime pay in an amount in excess of $30,000
during the calendar year beginning January 1, 1999: Provided
further, That uniforms may be purchased without regard to the
general purchase price limitation for the current fiscal year: Provided further, That none of the funds provided in this or any
other Act shall be used for the continued operation of the San
Clemente and Temecula checkpoints unless the checkpoints are
open and traffic is being checked on a continuous 24-hour basis.
CITIZENSHIP AND BENEFITS, IMMIGRATION SUPPORT AND PROGRAM
DIRECTION

For all programs of the Immigration and Naturalization Service
not included under the heading ‘‘Enforcement and Border Affairs’’,
$552,083,000: Provided, That not to exceed $5,000 shall be available
for official reception and representation expenses: Provided further,
That the Attorney General may transfer any funds appropriated
under this heading and the heading ‘‘Enforcement and Border
Affairs’’ between said appropriations notwithstanding any percentage transfer limitations imposed under this appropriation Act and

112 STAT. 2681–59

PUBLIC LAW 105–277—OCT. 21, 1998

may direct such fees as are collected by the Immigration and
Naturalization Service to the activities funded under this heading
and the heading ‘‘Enforcement and Border Affairs’’ for performance
of the functions for which the fees legally may be expended: Provided further, That not to exceed 43 permanent positions and 43
full-time equivalent workyears and $4,284,000 shall be expended
for the Offices of Legislative Affairs and Public Affairs: Provided
further, That the latter two aforementioned offices shall not be
augmented by personnel details, temporary transfers of personnel
on either a reimbursable or non-reimbursable basis, or any other
type of formal or informal transfer or reimbursement of personnel
or funds on either a temporary or long-term basis: Provided further,
That the number of positions filled through non-career appointment
at the Immigration and Naturalization Service, for which funding
is provided in this Act or is otherwise made available to the
Immigration and Naturalization Service, shall not exceed 4 permanent positions and 4 full-time equivalent workyears: Provided further, That funds may be used, without limitation, for equipping,
maintaining, and making improvements to the infrastructure and
the purchase of vehicles for police type use within the limits of
the Enforcement and Border Affairs appropriation: Provided further,
That, notwithstanding any other provision of law, during fiscal
year 1999, the Attorney General is authorized and directed to
impose disciplinary action, including termination of employment,
pursuant to policies and procedures applicable to employees of
the Federal Bureau of Investigation, for any employee of the
Immigration and Naturalization Service who violates policies and
procedures set forth by the Department of Justice relative to the
granting of citizenship or who willfully deceives the Congress or
department leadership on any matter.
VIOLENT CRIME REDUCTION PROGRAMS

In addition, $842,490,000, for such purposes, to remain available until expended, to be derived from the Violent Crime Reduction
Trust Fund: Provided, That the Attorney General may use the
transfer authority provided under the heading ‘‘Citizenship and
Benefits, Immigration Support and Program Direction’’ to provide
funds to any program of the Immigration and Naturalization Service
that heretofore has been funded by the Violent Crime Reduction
Trust Fund.
CONSTRUCTION

For planning, construction, renovation, equipping, and maintenance of buildings and facilities necessary for the administration
and enforcement of the laws relating to immigration, naturalization,
and alien registration, not otherwise provided for, $90,000,000,
to remain available until expended: Provided, That no funds shall
be available for the site acquisition, design, or construction of any
Border Patrol checkpoint in the Tucson sector.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES

For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–60

including purchase (not to exceed 763, of which 599 are for replacement only) and hire of law enforcement and passenger motor
vehicles, and for the provision of technical assistance and advice
on corrections related issues to foreign governments, $2,862,354,000:
Provided, That the Attorney General may transfer to the Health
Resources and Services Administration such amounts as may be
necessary for direct expenditures by that Administration for medical
relief for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison System
(FPS), where necessary, may enter into contracts with a fiscal
agent/fiscal intermediary claims processor to determine the amounts
payable to persons who, on behalf of the FPS, furnish health services to individuals committed to the custody of the FPS: Provided
further, That not to exceed $6,000 shall be available for official
reception and representation expenses: Provided further, That not
to exceed $90,000,000 for the activation of new facilities shall
remain available until September 30, 2000: Provided further, That,
of the amounts provided for Contract Confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses authorized by section 501(c) of the
Refugee Education Assistance Act of 1980, as amended, for the
care and security in the United States of Cuban and Haitian
entrants: Provided further, That, notwithstanding section 4(d) of
the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS may
enter into contracts and other agreements with private entities
for periods of not to exceed 3 years and 7 additional option years
for the confinement of Federal prisoners.
In addition, $26,499,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction
Trust Fund.
BUILDINGS AND FACILITIES

For planning, acquisition of sites and construction of new facilities; leasing the Oklahoma City Airport Trust Facility; purchase
and acquisition of facilities and remodeling, and equipping of such
facilities for penal and correctional use, including all necessary
expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all
necessary expenses incident thereto, by contract or force account,
$410,997,000, to remain available until expended, of which not
to exceed $14,074,000 shall be available to construct areas for
inmate work programs: Provided, That labor of United States prisoners may be used for work performed under this appropriation:
Provided further, That not to exceed 10 percent of the funds appropriated to ‘‘Buildings and Facilities’’ in this Act or any other Act
may be transferred to ‘‘Salaries and Expenses’’, Federal Prison
System, upon notification by the Attorney General to the Committees on Appropriations of the House of Representatives and the
Senate in compliance with provisions set forth in section 605 of
this Act.
FEDERAL PRISON INDUSTRIES, INCORPORATED

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and

42 USC 250a.

112 STAT. 2681–61

PUBLIC LAW 105–277—OCT. 21, 1998

borrowing authority available, and in accord with the law, and
to make such contracts and commitments, without regard to fiscal
year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the program
set forth in the budget for the current fiscal year for such corporation, including purchase of (not to exceed five for replacement
only) and hire of passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON
INDUSTRIES, INCORPORATED

Not to exceed $3,266,000 of the funds of the corporation shall
be available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis
to be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive
of depreciation, payment of claims, and expenditures which the
said accounting system requires to be capitalized or charged to
cost of commodities acquired or produced, including selling and
shipping expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement, protection, or
disposition of facilities and other property belonging to the corporation or in which it has an interest.
OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, and the Missing Children’s Assistance Act, as amended, including salaries and expenses in connection
therewith, and with the Victims of Crime Act of 1984, as amended,
$147,151,000, to remain available until expended, as authorized
by section 1001 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended by Public Law 102–534 (106
Stat. 3524).
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by part E of title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, for State and Local
Narcotics Control and Justice Assistance Improvements, notwithstanding the provisions of section 511 of said Act, $552,000,000,
to remain available until expended, as authorized by section 1001
of title I of said Act, as amended by Public Law 102–534 (106
Stat. 3524), of which $47,000,000 shall be available to carry out
the provisions of chapter A of subpart 2 of part E of title I of
said Act, for discretionary grants under the Edward Byrne Memorial
State and Local Law Enforcement Assistance Programs.
VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL LAW
ENFORCEMENT ASSISTANCE

For assistance (including amounts for administrative costs for
management and administration, which amounts shall be transferred to and merged with the ‘‘Justice Assistance’’ account)

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–62

authorized by the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103–322), as amended (‘‘the 1994 Act’’);
the Omnibus Crime Control and Safe Streets Act of 1968, as amended (‘‘the 1968 Act’’); and the Victims of Child Abuse Act of 1990,
as amended (‘‘the 1990 Act’’), $2,369,950,000, to remain available
until expended, which shall be derived from the Violent Crime
Reduction Trust Fund; of which $523,000,000 shall be for Local
Law Enforcement Block Grants, pursuant to H.R. 728 as passed
by the House of Representatives on February 14, 1995, except
that for purposes of this Act, the Commonwealth of Puerto Rico
shall be considered a ‘‘unit of local government’’ as well as a ‘‘State’’,
for the purposes set forth in paragraphs (A), (B), (D), (F), and
(I) of section 101(a)(2) of H.R. 728 and for establishing crime prevention programs involving cooperation between community residents
and law enforcement personnel in order to control, detect, or investigate crime or the prosecution of criminals: Provided, That no
funds provided under this heading may be used as matching funds
for any other Federal grant program: Provided further, That
$40,000,000 of this amount shall be for Boys and Girls Clubs
in public housing facilities and other areas in cooperation with
State and local law enforcement: Provided further, That funds may
also be used to defray the costs of indemnification insurance for
law enforcement officers: Provided further, That, hereafter, for the
purpose of eligibility for the Local Law Enforcement Block Grant
Program in the State of Louisiana, parish sheriffs are to be considered the unit of local government at the parish level under section
108 of H.R. 728: Provided further, That $20,000,000 shall be available to carry out section 102(2) of H.R. 728; of which $45,000,000
shall be for grants to upgrade criminal records, as authorized by
section 106(b) of the Brady Handgun Violence Prevention Act of
1993, as amended, and section 4(b) of the National Child Protection
Act of 1993; of which $420,000,000 shall be for the State Criminal
Alien Assistance Program, as authorized by section 242(j) of the
Immigration and Nationality Act, as amended; of which
$720,500,000 shall be for Violent Offender Incarceration and Truth
in Sentencing Incentive Grants pursuant to subtitle A of title II
of the 1994 Act, of which $165,000,000 shall be available for payments to States for incarceration of criminal aliens, of which
$25,000,000 shall be available for the Cooperative Agreement Program, and of which $34,000,000 shall be reserved by the Attorney
General for fiscal year 1999 under section 20109(a) of subtitle
A of title II of the 1994 Act; of which $9,000,000 shall be for
the Court Appointed Special Advocate Program, as authorized by
section 218 of the 1990 Act; of which $2,000,000 shall be for Child
Abuse Training Programs for Judicial Personnel and Practitioners,
as authorized by section 224 of the 1990 Act; of which $206,750,000
shall be for Grants to Combat Violence Against Women, to States,
units of local government, and Indian tribal governments, as authorized by section 1001(a)(18) of the 1968 Act, including $23,000,000
which shall be used exclusively for the purpose of strengthening
civil legal assistance programs for victims of domestic violence,
and $10,000,000 which shall be used exclusively for violence on
college campuses: Provided further, That, of these funds, $5,200,000
shall be provided to the National Institute of Justice for research
and evaluation of violence against women, $1,196,000 shall be provided to the Office of the United States Attorney for the District
of Columbia for domestic violence programs in D.C. Superior Court,

112 STAT. 2681–63

PUBLIC LAW 105–277—OCT. 21, 1998

and $10,000,000 shall be available to the Office of Juvenile Justice
and Delinquency Prevention for the Safe Start Program, to be
administered as authorized by part C of the Juvenile Justice and
Delinquency Act of 1974, as amended; of which $34,000,000 shall
be for Grants to Encourage Arrest Policies to States, units of local
government, and Indian tribal governments, as authorized by section 1001(a)(19) of the 1968 Act; of which $25,000,000 shall be
for Rural Domestic Violence and Child Abuse Enforcement Assistance Grants, as authorized by section 40295 of the 1994 Act; of
which $5,000,000 shall be for training programs to assist probation
and parole officers who work with released sex offenders, as authorized by section 40152(c) of the 1994 Act, and for local demonstration
projects; of which $1,000,000 shall be for grants for televised testimony, as authorized by section 1001(a)(7) of the 1968 Act; of which
$5,000,000 shall be for the Tribal Courts Initiative; of which
$63,000,000 shall be for grants for residential substance abuse
treatment for State prisoners, as authorized by section 1001(a)(17)
of the 1968 Act; of which $15,000,000 shall be for grants to States
and units of local government for projects to improve DNA analysis,
as authorized by section 1001(a)(22) of the 1968 Act; of which
$900,000 shall be for the Missing Alzheimer’s Disease Patient Alert
Program, as authorized by section 240001(c) of the 1994 Act; of
which $1,300,000 shall be for Motor Vehicle Theft Prevention Programs, as authorized by section 220002(h) of the 1994 Act; of
which $40,000,000 shall be for Drug Courts, as authorized by title
V of the 1994 Act; of which $1,500,000 shall be for Law Enforcement
Family Support Programs, as authorized by section 1001(a)(21)
of the 1968 Act; of which $2,000,000 shall be for public awareness
programs addressing marketing scams aimed at senior citizens,
as authorized by section 250005(3) of the 1994 Act; and of which
$250,000,000 shall be for Juvenile Accountability Incentive Block
Grants, except that such funds shall be subject to the same terms
and conditions as set forth in the provisions under this heading
for this program in Public Law 105–119, but all references in
such provisions to 1998 shall be deemed to refer instead to 1999:
Provided further, That funds made available in fiscal year 1999
under subpart 1 of part E of title I of the 1968 Act may be
obligated for programs to assist States in the litigation processing
of death penalty Federal habeas corpus petitions and for drug
testing initiatives: Provided further, That, if a unit of local government uses any of the funds made available under this title to
increase the number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law enforcement officers who perform nonadministrative public safety service.
WEED AND SEED PROGRAM FUND

For necessary expenses, including salaries and related expenses
of the Executive Office for Weed and Seed, to implement ‘‘Weed
and Seed’’ program activities, $33,500,000 to remain available until
expended, for intergovernmental agreements, including grants,
cooperative agreements, and contracts, with State and local law
enforcement agencies engaged in the investigation and prosecution
of violent crimes and drug offenses in ‘‘Weed and Seed’’ designated
communities, and for either reimbursements or transfers to appropriation accounts of the Department of Justice and other Federal
agencies which shall be specified by the Attorney General to execute
the ‘‘Weed and Seed’’ program strategy: Provided, That funds des-

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–64

ignated by Congress through language for other Department of
Justice appropriation accounts for ‘‘Weed and Seed’’ program activities shall be managed and executed by the Attorney General
through the Executive Office for Weed and Seed: Provided further,
That the Attorney General may direct the use of other Department
of Justice funds and personnel in support of ‘‘Weed and Seed’’
program activities only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives and
the Senate in accordance with section 605 of this Act.
COMMUNITY ORIENTED POLICING SERVICES
VIOLENT CRIME REDUCTION PROGRAMS

For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994, Public Law 103–322 (‘‘the 1994
Act’’) (including administrative costs), $1,400,000,000, to remain
available until expended, which shall be derived from the Violent
Crime Reduction Trust Fund, for Public Safety and Community
Policing Grants pursuant to title I of the 1994 Act: Provided, That
not to exceed 266 permanent positions and 266 full-time equivalent
workyears and $32,023,000 shall be expended for program management and administration: Provided further, That of the funds made
available under this heading and the unobligated balances available
in this program, $180,000,000 shall be used for innovative community policing programs, of which $80,000,000 shall be used for
a law enforcement technology program, $35,000,000 shall be used
for policing initiatives to combat methamphetamine production and
trafficking and to enhance policing initiatives in drug ‘‘hot spots’’,
$17,500,000 shall be used for programs to combat violence in
schools, $25,000,000 shall be used for the Matching Grant Program
for Law Enforcement Armor Vests pursuant to section 2501 of
part Y of the Omnibus Crime Control and Safe Streets Act of
1968, as amended, $5,000,000 shall be used for additional community law enforcement officers and related program support for the
District of Columbia Offender Supervision, Defender, and Court
Services Agency, $12,500,000 shall be used for the Community
Policing to Combat Domestic Violence Program pursuant to section
1701(d) of part Q of the Omnibus Crime Control and Safe Streets
Act of 1968, as amended, and $5,000,000 shall be used for Community Prosecutors programs: Provided further, That up to $35,000,000
shall be available to improve tribal law enforcement including equipment and training.
In addition, for programs of Police Corps education, training,
and service as set forth in sections 200101–200113 of the 1994
Act, $30,000,000, to remain available until expended, which shall
be derived from the Violent Crime Reduction Trust Fund.
JUVENILE JUSTICE PROGRAMS

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention
Act of 1974, as amended, (‘‘the Act’’), including salaries and expenses
in connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $267,597,000, to remain available until expended, as authorized by section 299 of part I of
title II and section 506 of title V of the Act, as amended by
Public Law 102–586, of which (1) notwithstanding any other

112 STAT. 2681–65

PUBLIC LAW 105–277—OCT. 21, 1998

provision of law, $6,847,000 shall be available for expenses authorized by part A of title II of the Act, $89,000,000 shall be available
for expenses authorized by part B of title II of the Act, and
$42,750,000 shall be available for expenses authorized by part
C of title II of the Act: Provided, That $26,500,000 of the amounts
provided for part B of title II of the Act, as amended, is for
the purpose of providing additional formula grants under part B
to States that provide assurances to the Administrator that the
State has in effect (or will have in effect no later than one year
after date of application) policies and programs, that ensure that
juveniles are subject to accountability-based sanctions for every
act for which they are adjudicated delinquent; (2) $12,000,000 shall
be available for expenses authorized by sections 281 and 282 of
part D of title II of the Act for prevention and treatment programs
relating to juvenile gangs; (3) $10,000,000 shall be available for
expenses authorized by section 285 of part E of title II of the
Act; (4) $12,000,000 shall be available for expenses authorized
by part G of title II of the Act for juvenile mentoring programs;
and (5) $95,000,000 shall be available for expenses authorized by
title V of the Act for incentive grants for local delinquency prevention programs; of which $10,000,000 shall be for delinquency prevention, control, and system improvement programs for tribal youth;
of which $25,000,000 shall be available for grants of $360,000
to each state and $6,640,000 shall be available for discretionary
grants to states, for programs and activities to enforce state laws
prohibiting the sale of alcoholic beverages to minors or the purchase
or consumption of alcoholic beverages by minors, prevention and
reduction of consumption of alcoholic beverages by minors, and
for technical assistance and training: Provided further, That upon
the enactment of reauthorization legislation for Juvenile Justice
Programs under the Juvenile Justice and Delinquency Prevention
Act of 1974, as amended, funding provisions in this Act shall
from that date be subject to the provisions of that legislation and
any provisions in this Act that are inconsistent with that legislation
shall no longer have effect: Provided further, That of amounts
made available under the Juvenile Justice Programs of the Office
of Justice Programs to carry out part B (relating to Federal Assistance for State and Local Programs), subpart II of part C (relating
to Special Emphasis Prevention and Treatment Programs), part
D (relating to Gang-Free Schools and Communities and CommunityBased Gang Intervention), part E (relating to State Challenge Activities), and part G (relating to Mentoring) of title II of the Juvenile
Justice and Delinquency Prevention Act of 1974, and to carry out
the At-Risk Children’s Program under title V of that Act, not
more than 10 percent of each such amount may be used for research,
evaluation, and statistics activities designed to benefit the programs
or activities authorized under the appropriate part or title, and
not more than 2 percent of each such amount may be used for
training and technical assistance activities designed to benefit the
programs or activities authorized under that part or title.
In addition, for grants, contracts, cooperative agreements, and
other assistance, $10,000,000 to remain available until expended,
for developing, testing, and demonstrating programs designed to
reduce drug use among juveniles.
In addition, for grants, contracts, cooperative agreements, and
other assistance authorized by the Victims of Child Abuse Act

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–66

of 1990, as amended, $7,000,000, to remain available until
expended, as authorized by section 214B of the Act.
PUBLIC SAFETY OFFICERS BENEFITS

To remain available until expended, for payments authorized
by part L of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796), as amended, such sums as are necessary, as authorized by section 6093 of Public Law 100–690 (102
Stat. 4339–4340).
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
SEC. 101. In addition to amounts otherwise made available
in this title for official reception and representation expenses, a
total of not to exceed $45,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney
General for official reception and representation expenses in accordance with distributions, procedures, and regulations established
by the Attorney General.
SEC. 102. Authorities contained in the Department of Justice
Appropriation Authorization Act, Fiscal Year 1980 (Public Law
96–132; 93 Stat. 1040 (1979)), as amended, shall remain in effect
until the termination date of this Act or until the effective date
of a Department of Justice Appropriation Authorization Act, whichever is earlier.
SEC. 103. None of the funds appropriated by this title shall
be available to pay for an abortion, except where the life of the
mother would be endangered if the fetus were carried to term,
or in the case of rape: Provided, That should this prohibition be
declared unconstitutional by a court of competent jurisdiction, this
section shall be null and void.
SEC. 104. None of the funds appropriated under this title shall
be used to require any person to perform, or facilitate in any
way the performance of, any abortion.
SEC. 105. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section
in any way diminishes the effect of section 104 intended to address
the philosophical beliefs of individual employees of the Bureau
of Prisons.
SEC. 106. Notwithstanding any other provision of law, not
to exceed $10,000,000 of the funds made available in this Act
may be used to establish and publicize a program under which
publicly advertised, extraordinary rewards may be paid, which shall
not be subject to spending limitations contained in sections 3059
and 3072 of title 18, United States Code: Provided, That any reward
of $100,000 or more, up to a maximum of $2,000,000, may not
be made without the personal approval of the President or the
Attorney General and such approval may not be delegated.
SEC. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice
in this Act, including those derived from the Violent Crime Reduction Trust Fund, may be transferred between such appropriations,
but no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be treated

18 USC 3059
note.

112 STAT. 2681–67

18 USC 4043
note.

PUBLIC LAW 105–277—OCT. 21, 1998

as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation except in compliance with
the procedures set forth in that section.
SEC. 108. For fiscal year 1999 and thereafter, the Director
of the Bureau of Prisons may make expenditures out of the Commissary Fund of the Federal Prison System, regardless of whether
any such expenditure is security-related, for programs, goods, and
services for the benefit of inmates (to the extent the provision
of those programs, goods, or services to inmates is not otherwise
prohibited by law), including—
(1) the installation, operation, and maintenance of the
Inmate Telephone System;
(2) the payment of all the equipment purchased or leased
in connection with the Inmate Telephone System; and
(3) the salaries, benefits, and other expenses of personnel
who install, operate, and maintain the Inmate Telephone System.
SEC. 109. (a) Section 3201 of the Crime Control Act of 1990
(28 U.S.C. 509 note) is amended to read as follows—
‘‘Appropriations in this or any other Act hereafter for the Federal Bureau of Investigation, the Drug Enforcement Administration,
or the Immigration and Naturalization Service are available, in
an amount of not to exceed $25,000 each per fiscal year, to pay
humanitarian expenses incurred by or for any employee thereof
(or any member of the employee’s immediate family) that results
from or is incident to serious illness, serious injury, or death occurring to the employee while on official duty or business.’’.
(b) The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended by striking section 626 (8 U.S.C. 1363b).
SEC. 110. Any amounts credited to the ‘‘Legalization Account’’
established under section 245(c)(7)(B) of the Immigration and
Nationality Act (8 U.S.C. 1255a(c)(7)(B)) are transferred to the
‘‘Examinations Fee Account’’ established under section 286(m) of
that Act (8 U.S.C. 1356(m)).
SEC. 111. The Director of the Bureau of Prisons shall conduct
a study, not later than 270 days after the date of the enactment
of this Act, of private prisons that evaluates the growth and development of the private prison industry during the past 15 years,
training qualifications of personnel at private prisons, and the
security procedures of such facilities, and compares the general
standards and conditions between private prisons and Federal prisons. The results of such study shall be submitted to the Committees
on the Judiciary and Appropriations of the House of Representatives
and the Senate.
SEC. 112. Notwithstanding any other provision of law, during
fiscal year 1999, the Assistant Attorney General for the Office
of Justice Programs of the Department of Justice—
(1) may make grants, or enter into cooperative agreements
and contracts, for the Office of Justice Programs and the component organizations of that Office; and
(2) shall have final authority over all grants, cooperative
agreements, and contracts made, or entered into, for the Office
of Justice Programs and the component organizations of that
Office.
SEC. 113. Notwithstanding any other provision of law, with
respect to any grant program for which amounts are made available
under this title, the term ‘‘tribal’’ means of or relating to an Indian

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112 STAT. 2681–68

tribe (as that term is defined in section 102(2) of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a(2))).
SEC. 114. Section 286(e)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1356(e)(1)(C)) is amended by inserting ‘‘State’’
and a comma immediately before ‘‘territory’’.
SEC. 115. (a)(1) Notwithstanding any other provision of law,
for fiscal year 1999, the Attorney General may obligate any funds
appropriated for or reimbursed to the Counterterrorism programs,
projects or activities of the Department of Justice to purchase
or lease equipment or any related items, or to acquire interim
services, without regard to any otherwise applicable Federal acquisition rule, if the Attorney General determines that—
(A) there is an exigent need for the equipment, related
items, or services in order to support an ongoing
counterterrorism, national security, or computer-crime investigation or prosecution;
(B) the equipment, related items, or services required are
not available within the Department of Justice; and
(C) adherence to that Federal acquisition rule would—
(i) delay the timely acquisition of the equipment,
related items, or services; and
(ii) adversely affect an ongoing counterterrorism,
national security, or computer-crime investigation or
prosecution.
(2) In this subsection, the term ‘‘Federal acquisition rule’’ means
any provision of title II or IX of the Federal Property and Administrative Services Act of 1949, the Office of Federal Procurement
Policy Act, the Small Business Act, the Federal Acquisition Regulation, or any other provision of law or regulation that establishes
policies, procedures, requirements, conditions, or restrictions for
procurements by the head of a department or agency or the Federal
Government.
(b) The Attorney General shall immediately notify the Committees on Appropriations of the House of Representatives and the
Senate in writing of each expenditure under subsection (a), which
notification shall include sufficient information to explain the circumstances necessitating the exercise of the authority under that
subsection.
SEC. 116. Section 110(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note)
is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘later
than’’ and all that follows through ‘‘Attorney’’ and inserting
‘‘later than October 15, 1998 (and not later than March 30,
2001, in the case of land border ports of entry and sea ports),
the Attorney’’;
(2) in paragraph (1), by striking ‘‘and’’ at the end;
(3) in paragraph (2), by striking the period at the end
and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(3) not significantly disrupt trade, tourism, or other legitimate cross-border traffic at land border ports of entry.’’.
SEC. 117. Section 402 of the Controlled Substances Act (21
U.S.C. 842) is amended—
(1) in subsection (a)(5), by inserting ‘‘negligently’’ before
‘‘fail’’;

112 STAT. 2681–69

PUBLIC LAW 105–277—OCT. 21, 1998

(2) in subsection (a)(10), by inserting ‘‘negligently’’ before
‘‘to fail’’; and
(3) in subsection (c)(1)—
(A) by inserting ‘‘(A)’’ after ‘‘(1)’’;
(B) by inserting ‘‘subparagraph (B) of this paragraph
and’’ before ‘‘paragraph (2)’’; and
(C) by adding at the end the following:
‘‘(B) In the case of a violation of paragraph (5) or (10) of
subsection (a), the civil penalty shall not exceed $10,000.’’.
SEC. 118. The General Accounting Office shall—
(1) monitor the compliance of the Department of Justice
and all United States Attorneys with the ‘‘Guidance on the
Use of the False Claims Act in Civil Health Care Matters’’
issued by the Department of Justice on June 3, 1998, including
any revisions to that guidance; and
(2) not later than February 1, 1999, and again not later
than August 2, 1999, submit a report on such compliance to
the Committees on the Judiciary and the Committees on Appropriations of the Senate and the House of Representatives.
SEC. 119. FIREARMS SAFETY. (a) SECURE GUN STORAGE
DEVICE.—Section 921(a) of title 18, United States Code, is amended
by adding at the end the following:
‘‘(34) The term ‘secure gun storage or safety device’ means—
‘‘(A) a device that, when installed on a firearm, is designed
to prevent the firearm from being operated without first deactivating the device;
‘‘(B) a device incorporated into the design of the firearm
that is designed to prevent the operation of the firearm by
anyone not having access to the device; or
‘‘(C) a safe, gun safe, gun case, lock box, or other device
that is designed to be or can be used to store a firearm and
that is designed to be unlocked only by means of a key, a
combination, or other similar means.’’.
(b) CERTIFICATION REQUIRED IN APPLICATION FOR DEALER’S
LICENSE.—Section 923(d)(1) of title 18, United States Code, is
amended—
(1) in subparagraph (E), by striking ‘‘and’’ at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(G) in the case of an application to be licensed as a
dealer, the applicant certifies that secure gun storage or safety
devices will be available at any place in which firearms are
sold under the license to persons who are not licensees (subject
to the exception that in any case in which a secure gun storage
or safety device is temporarily unavailable because of theft,
casualty loss, consumer sales, backorders from a manufacturer,
or any other similar reason beyond the control of the licensee,
the dealer shall not be considered to be in violation of the
requirement under this subparagraph to make available such
a device).’’.
(c) REVOCATION OF DEALER’S LICENSE FOR FAILURE TO HAVE
SECURE GUN STORAGE OR SAFETY DEVICES AVAILABLE.—The first
sentence of section 923(e) of title 18, United States Code, is amended
by inserting before the period at the end the following: ‘‘or fails
to have secure gun storage or safety devices available at any place
in which firearms are sold under the license to persons who are

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–70

not licensees (except that in any case in which a secure gun storage
or safety device is temporarily unavailable because of theft, casualty
loss, consumer sales, backorders from a manufacturer, or any other
similar reason beyond the control of the licensee, the dealer shall
not be considered to be in violation of the requirement to make
available such a device)’’.
(d) STATUTORY CONSTRUCTION; EVIDENCE.—
(1) STATUTORY CONSTRUCTION.—Nothing in the amendments made by this section shall be construed—
(A) as creating a cause of action against any firearms
dealer or any other person for any civil liability; or
(B) as establishing any standard of care.
(2) EVIDENCE.—Notwithstanding any other provision of law,
evidence regarding compliance or noncompliance with the
amendments made by this section shall not be admissible as
evidence in any proceeding of any court, agency, board, or
other entity.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect 180 days after the date of enactment of this
Act.
SEC. 120. FIREARM SAFETY EDUCATION GRANTS. (a) IN GENERAL.—Section 510 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3760) is amended—
(1) in subsection (a), by striking paragraph (1) and inserting
the following:
‘‘(1) undertaking educational and training programs for—
‘‘(A) criminal justice personnel; and
‘‘(B) the general public, with respect to the lawful
and safe ownership, storage, carriage, or use of firearms,
including the provision of secure gun storage or safety
devices;’’;
(2) in the first sentence of subsection (b), by inserting
before the period the following: ‘‘and is authorized to make
grants to, or enter into contracts with, those persons and entities to carry out the purposes specified in subsection (a)(1)(B)
in accordance with subsection (c)’’; and
(3) by adding at the end the following:
‘‘(c)(1) In accordance with this subsection, the Director may
make a grant to, or enter into a contract with, any person or
entity referred to in subsection (b) to provide for a firearm safety
program that, in a manner consistent with subsection (a)(1)(B),
provides for general public training and dissemination of information concerning firearm safety, secure gun storage, and the lawful
ownership, carriage, or use of firearms, including the provision
of secure gun storage or safety devices.
‘‘(2) Funds made available under a grant under paragraph
(1) may not be used (either directly or by supplanting non-Federal
funds) for advocating or promoting gun control, including making
communications that are intended to directly or indirectly affect
the passage of Federal, State, or local legislation intended to restrict
or control the purchase or use of firearms.
‘‘(3) Except as provided in paragraph (4), each firearm safety
program that receives funding under this subsection shall provide
for evaluations that shall be developed pursuant to guidelines that
the Director of the National Institute of Justice of the Department
of Justice, in consultation with the Director of the Bureau of Justice

18 USC 923 note.

18 USC 921 note.

112 STAT. 2681–71

42 USC 3760
note.

PUBLIC LAW 105–277—OCT. 21, 1998

Assistance and recognized private entities that have expertise in
firearms safety, education and training, shall establish.
‘‘(4) With respect to a firearm safety program that receives
funding under this section, the Director may waive the evaluation
requirement described in paragraph (3) if the Director determines
that the program—
‘‘(A) is not of a sufficient size to justify an evaluation;
or
‘‘(B) is designed primarily to provide material resources
and supplies, and that activity would not justify an evaluation.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the earlier of—
(1) October 1, 1998; or
(2) the date of enactment of this Act.
FIREARMS

SEC. 121. Section 922 of title 18, United States Code, is
amended—
(1) in subsection (d), by striking paragraph (5) and inserting
the following:
‘‘(5) who, being an alien—
‘‘(A) is illegally or unlawfully in the United States;
or
‘‘(B) except as provided in subsection (y)(2), has been
admitted to the United States under a nonimmigrant visa
(as that term is defined in section 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));’’;
(2) in subsection (g), by striking paragraph (5) and inserting
the following:
‘‘(5) who, being an alien—
‘‘(A) is illegally or unlawfully in the United States;
or
‘‘(B) except as provided in subsection (y)(2), has been
admitted to the United States under a nonimmigrant visa
(as that term is defined in section 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));’’;
(3) in subsection (s)(3)(B), by striking clause (v) and inserting the following:
‘‘(v) is not an alien who—
‘‘(I) is illegally or unlawfully in the United
States; or
‘‘(II) subject to subsection (y)(2), has been
admitted to the United States under a nonimmigrant visa (as that term is defined in section
101(a)(26) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(26)));’’; and
(4) by inserting after subsection (x) the following:
‘‘(y) PROVISIONS RELATING TO ALIENS ADMITTED UNDER NONIMMIGRANT VISAS.—
‘‘(1) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘alien’ has the same meaning as in section
101(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3)); and
‘‘(B) the term ‘nonimmigrant visa’ has the same meaning as in section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)).

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–72

‘‘(2) EXCEPTIONS.—Subsections (d)(5)(B), (g)(5)(B), and
(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully
admitted to the United States under a nonimmigrant visa,
if that alien is—
‘‘(A) admitted to the United States for lawful hunting
or sporting purposes or is in possession of a hunting license
or permit lawfully issued in the United States;
‘‘(B) an official representative of a foreign government
who is—
‘‘(i) accredited to the United States Government
or the Government’s mission to an international
organization having its headquarters in the United
States; or
‘‘(ii) en route to or from another country to which
that alien is accredited;
‘‘(C) an official of a foreign government or a distinguished foreign visitor who has been so designated by
the Department of State; or
‘‘(D) a foreign law enforcement officer of a friendly
foreign government entering the United States on official
law enforcement business.
‘‘(3) WAIVER.—
‘‘(A) CONDITIONS FOR WAIVER.—Any individual who has
been admitted to the United States under a nonimmigrant
visa may receive a waiver from the requirements of subsection (g)(5), if—
‘‘(i) the individual submits to the Attorney General
a petition that meets the requirements of subparagraph
(C); and
‘‘(ii) the Attorney General approves the petition.
‘‘(B) PETITION.—Each petition under subparagraph (B)
shall—
‘‘(i) demonstrate that the petitioner has resided
in the United States for a continuous period of not
less than 180 days before the date on which the petition
is submitted under this paragraph; and
‘‘(ii) include a written statement from the embassy
or consulate of the petitioner, authorizing the petitioner to acquire a firearm or ammunition and certifying that the alien would not, absent the application
of subsection (g)(5)(B), otherwise be prohibited from
such acquisition under subsection (g).
‘‘(C) APPROVAL OF PETITION.—The Attorney General
shall approve a petition submitted in accordance with this
paragraph, if the Attorney General determines that waiving
the requirements of subsection (g)(5)(B) with respect to
the petitioner—
‘‘(i) would be in the interests of justice; and
‘‘(ii) would not jeopardize the public safety.’’.
SEC. 122. Section 3486(a)(1) of title 18, United States Code,
is amended by inserting ‘‘or any act or activity involving a Federal
offense relating to the sexual exploitation or other abuse of children,’’ after ‘‘health care offense,’’.
SEC. 123. Section 170102 of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14072) is amended—
(1) in subsection (a)(2), by striking ‘‘or’’;

112 STAT. 2681–73

28 USC 534 note.

PUBLIC LAW 105–277—OCT. 21, 1998

(2) in subsection (g)(3), by striking ‘‘minimally sufficient’’
and inserting ‘‘State sexual offender’’; and
(3) by amending subsection (i) to read as follows:
‘‘(i) PENALTY.—A person who is—
‘‘(1) required to register under paragraph (1), (2), or (3)
of subsection (g) of this section and knowingly fails to comply
with this section;
‘‘(2) required to register under a sexual offender registration
program in the person’s State of residence and knowingly fails
to register in any other State in which the person is employed,
carries on a vocation, or is a student;
‘‘(3) described in section 4042(c)(4) of title 18, United States
Code, and knowingly fails to register in any State in which
the person resides, is employed, carries on a vocation, or is
a student following release from prison or sentencing to probation; or
‘‘(4) sentenced by a court martial for conduct in a category
specified by the Secretary of Defense under section 115(a)(8)(C)
of title I of Public Law 105–119, and knowingly fails to register
in any State in which the person resides, is employed, carries
on a vocation, or is a student following release from prison
or sentencing to probation, shall, in the case of a first offense
under this subsection, be imprisoned for not more than 1 year
and, in the case of a second or subsequent offense under this
subsection, be imprisoned for not more than 10 years.’’.
SEC. 124. (a)(1) A nursing facility or home health care agency
may submit a request to the Attorney General to conduct a search
and exchange of records described in subsection (b) regarding an
applicant for employment if the employment position is involved
in direct patient care.
(2) A nursing facility or home health care agency requesting
a search and exchange of records under this section shall submit
to the Attorney General through the appropriate State agency or
agency designated by the Attorney General a copy of an employment
applicant’s fingerprints, a statement signed by the applicant
authorizing the nursing facility or home health care agency to
request the search and exchange of records, and any other identification information not more than 7 days (excluding Saturdays,
Sundays, and legal public holidays under section 6103(a) of title
5, United States Code) after acquiring the fingerprints, signed statement, and information.
(b) Pursuant to any submission that complies with the requirements of subsection (a), the Attorney General shall search the
records of the Criminal Justice Information Services Division of
the Federal Bureau of Investigation for any criminal history records
corresponding to the fingerprints or other identification information
submitted. The Attorney General shall provide any corresponding
information resulting from the search to the appropriate State
agency or agency designated by the Attorney General to receive
such information.
(c) Information regarding an applicant for employment in a
nursing facility or home health care agency obtained pursuant
to this section may be used only by the facility or agency requesting
the information and only for the purpose of determining the suitability of the applicant for employment by the facility or agency
in a position involved in direct patient care.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–74

(d) The Attorney General may charge a reasonable fee, not
to exceed $50 per request, to any nursing facility or home health
care agency requesting a search and exchange of records pursuant
to this section.
(e) Not later than 2 years after the date of enactment of
this Act, the Attorney General shall submit a report to Congress
on the number of requests for searches and exchanges of records
made under this section by nursing facilities and home health
care agencies and the disposition of such requests.
(f) Whoever knowingly uses any information obtained pursuant
to this section for a purpose other than as authorized under subsection (c) shall be fined in accordance with title 18, United States
Code, imprisoned for not more than 2 years, or both.
(g) A nursing facility or home health care agency that, in
denying employment for an applicant, reasonably relies upon
information provided by the Attorney General pursuant to this
section shall not be liable in any action brought by the applicant
based on the employment determination resulting from the
incompleteness or inaccuracy of the information.
(h) The Attorney General may promulgate such regulations
as are necessary to carry out this section, including regulations
regarding the security, confidentiality, accuracy, use, destruction,
and dissemination of information, audits and recordkeeping, the
imposition of fees, and any necessary modifications to the definitions
contained in subsection (i).
(i) In this section:
(1) The term ‘‘home health care agency’’ means an agency
that provides home health care or personal care services on
a visiting basis in a place of residence.
(2) The term ‘‘nursing facility’’ means a facility or institution (or a distinct part of an institution) that is primarily
engaged in providing to residents of the facility or institution
nursing care, including skilled nursing care, and related services for individuals who require medical or nursing care.
(j) This section shall apply without fiscal year limitation.
SEC. 125. Effective with the enactment of this Act, and in
any fiscal year hereafter, the Attorney General and the Secretary
of the Treasury may, for their respective agencies, extend the payment of relocation expenses listed in section 5724a(b)(1) of Title
5 of the United States Code to include the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, and
the territories and possessions of the United States.
SEC. 126. Notwithstanding any other provision of this Act,
the total of the amounts appropriated under this title of this Act
is reduced by $20,038,000, out of which the reductions for each
account shall be made in accordance with the chart on Year 2000
funding dated September 17, 1998, provided to Congress by the
Department of Justice.
SEC. 127. Notwithstanding any other provision of law, in any
action brought by a prisoner under section 1979 of the Revised
Statutes (42 U.S.C. 1983) against a Federal, State, or local jail,
prison, or correctional facility, or any employee or former employee
thereof, arising out of the incarceration of that prisoner—
(1) the financial records of a person employed or formerly
employed by the Federal, State, or local jail, prison, or correctional facility, shall not be subject to disclosure without the
written consent of that person or pursuant to a court order,

5 USC 5724a
note.

112 STAT. 2681–75

PUBLIC LAW 105–277—OCT. 21, 1998

unless a verdict of liability has been entered against that person; and
(2) the home address, home phone number, social security
number, identity of family members, personal tax returns, and
personal banking information of a person described in paragraph (1), and any other records or information of a similar
nature relating to that person, shall not be subject to disclosure
without the written consent of that person, or pursuant to
a court order.
SEC. 128. (a) The numerical limitation set forth in section
209(b) of the Immigration and Nationality Act (8 U.S.C. 1159(b))
shall not apply to any alien described in subsection (b).
(b) An alien described in subsection (a) is an alien who was
a United States Government employee, employee of a nongovernmental organization based in the United States, or other Iraqi
national who was moved to Guam by the United States Government
in 1996 or 1997 pursuant to an arrangement made by the United
States Government, and who was granted asylum in the United
States under section 208(a) of the Immigration and Nationality
Act (8 U.S.C. 1158(a)).
SEC. 129. (a) AMENDMENTS TO JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974.—
(1) IN GENERAL.—Section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is
amended—
(A) by striking paragraph (8) and inserting the following:
‘‘(8) the term ‘unit of local government’ means—
‘‘(A) any city, county, township, town, borough, parish,
village, or other general purpose political subdivision of
a State;
‘‘(B) any law enforcement district or judicial enforcement district that—
‘‘(i) is established under applicable State law; and
‘‘(ii) has the authority to, in a manner independent
of other State entities, establish a budget and raise
revenues;
‘‘(C) an Indian Tribe that performs law enforcement
functions, as determined by the Secretary of the Interior;
or
‘‘(D) for the purposes of assistance eligibility, any
agency of the government of the District of Columbia or
the Federal Government that performs law enforcement
functions in and for—
‘‘(i) the District of Columbia; or
‘‘(ii) any Trust Territory of the United States;’’;
and
(B) in paragraph (9), by striking ‘‘units of general local
government’’ and inserting ‘‘units of local government’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 221(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5631(a)) is
amended by striking ‘‘units of general local government’’
each place that term appears and inserting ‘‘units of local
government’’.
(B) Section 222(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5632(c)) is

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–76

amended by striking ‘‘units of general local government’’
each place that term appears and inserting ‘‘units of local
government’’.
(C) Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is
amended—
(i) in paragraph (4)—
(I) by striking ‘‘units of general local government’’ and inserting ‘‘units of local government’’;
and
(II) by striking ‘‘local governments’’ and inserting ‘‘units of local government’’;
(ii) in paragraph (5)—
(I) in subparagraph (A), by striking ‘‘units of
general local government’’ and inserting ‘‘units of
local government’’; and
(II) in subparagraph (B), by striking ‘‘unit of
general local government’’ and inserting ‘‘unit of
local government’’;
(iii) in paragraph (6), by striking ‘‘unit of general
local government’’ and inserting ‘‘unit of local government’’; and
(iv) in paragraph (10), by striking ‘‘unit of general
local government’’ and inserting ‘‘unit of local government’’.
(D) Section 244(5) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5654(5)) is
amended by striking ‘‘units of general local government’’
and inserting ‘‘units of local government’’.
(E) Section 372(a)(3) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5714b(a)(3)) is
amended by striking ‘‘unit of general local government’’
and inserting ‘‘unit of local government’’.
(F) Section 505(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5784(a)) is
amended by striking ‘‘units of general local government’’
and inserting ‘‘units of local government’’.
(b) OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968.—
Section 901(3) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3791(3)) is amended to read as follows:
‘‘(3) ‘unit of local government’ means—
‘‘(A) any city, county, township, town, borough, parish,
village, or other general purpose political subdivision of
a State;
‘‘(B) any law enforcement district or judicial enforcement district that—
‘‘(i) is established under applicable State law; and
‘‘(ii) has the authority to, in a manner independent
of other State entities, establish a budget and impose
taxes;
‘‘(C) an Indian Tribe (as that term is defined in section
103 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5603)) that performs law enforcement functions, as determined by the Secretary of the
Interior; or
‘‘(D) for the purposes of assistance eligibility, any
agency of the government of the District of Columbia or

112 STAT. 2681–77

PUBLIC LAW 105–277—OCT. 21, 1998

the Federal Government that performs law enforcement
functions in and for—
‘‘(i) the District of Columbia; or
‘‘(ii) any Trust Territory of the United States;’’.
SEC. 130. For payments of judgments against the United States
and compromise settlements of claims in suits against the United
States arising from the Financial Institutions Reform, Recovery
and Enforcement Act (FIRREA) and its implementation, such sums
as may be necessary, to remain available until expended: Provided,
That the foregoing authority is available solely for payment of
judgments and compromise settlements: Provided further, That payment of litigation expenses is available under existing authority
as set forth in the Memorandum of Understanding between the
Federal Deposit Insurance Corporation and the Department of Justice, dated October 2, 1998, and may not be paid from amounts
provided in this Act.
This title may be cited as the ‘‘Department of Justice Appropriations Act, 1999’’.
Department of
Commerce and
Related Agencies
Appropriations
Act, 1999.

TITLE II—DEPARTMENT OF COMMERCE AND RELATED
AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES

For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and
the employment of experts and consultants as authorized by 5
U.S.C. 3109, $24,200,000, of which $1,000,000 shall remain available until expended: Provided, That not to exceed $98,000 shall
be available for official reception and representation expenses.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception
and representation expenses, $44,495,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of
the Department of Commerce provided for by law, and engaging
in trade promotional activities abroad, including expenses of grants
and cooperative agreements for the purpose of promoting exports
of United States firms, without regard to 44 U.S.C. 3702 and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–78

3703; full medical coverage for dependent members of immediate
families of employees stationed overseas and employees temporarily
posted overseas; travel and transportation of employees of the
United States and Foreign Commercial Service between two points
abroad, without regard to 49 U.S.C. 1517; employment of Americans
and aliens by contract for services; rental of space abroad for
periods not exceeding ten years, and expenses of alteration, repair,
or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims,
in the manner authorized in the first paragraph of 28 U.S.C. 2672
when such claims arise in foreign countries; not to exceed $327,000
for official representation expenses abroad; purchase of passenger
motor vehicles for official use abroad, not to exceed $30,000 per
vehicle; obtain insurance on official motor vehicles; and rent tie
lines and teletype equipment, $286,264,000, to remain available
until expended, of which $1,600,000 is to be derived from fees
to be retained and used by the International Trade Administration,
notwithstanding 31 U.S.C. 3302: Provided, That of the $302,757,000
provided for in direct obligations (of which $284,664,000 is appropriated from the General Fund, $1,600,000 is derived from fee
collections, and $16,493,000 is derived from unobligated balances
and deobligations from prior years), $59,280,000 shall be for Trade
Development, $17,779,000 shall be for Market Access and Compliance, $31,047,000 shall be for the Import Administration,
$182,736,000 shall be for the United States and Foreign Commercial
Service, and $11,915,000 shall be for Executive Direction and
Administration: Provided further, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities without
regard to section 5412 of the Omnibus Trade and Competitiveness
Act of 1988 (15 U.S.C. 4912); and that for the purpose of this
Act, contributions under the provisions of the Mutual Educational
and Cultural Exchange Act shall include payment for assessments
for services provided as part of these activities.
EXPORT ADMINISTRATION
OPERATIONS AND ADMINISTRATION

For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for services abroad; rental of space abroad for periods not exceeding ten
years, and expenses of alteration, repair, or improvement; payment
of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries;
not to exceed $15,000 for official representation expenses abroad;
awards of compensation to informers under the Export Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); purchase
of passenger motor vehicles for official use and motor vehicles
for law enforcement use with special requirement vehicles eligible
for purchase without regard to any price limitation otherwise established by law, $52,331,000 to remain available until expended,
of which $1,877,000 shall be for inspections and other activities

112 STAT. 2681–79

PUBLIC LAW 105–277—OCT. 21, 1998

related to national security: Provided, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these activities:
Provided further, That payments and contributions collected and
accepted for materials or services provided as part of such activities
may be retained for use in covering the cost of such activities,
and for providing information to the public with respect to the
export administration and national security activities of the Department of Commerce and other export control programs of the United
States and other governments: Provided further, That no funds
may be obligated or expended for processing licenses for the export
of satellites of United States origin (including commercial satellites
and satellite components) to the People’s Republic of China, unless,
at least 15 days in advance, the Committees on Appropriations
of the House and the Senate and other appropriate Committees
of the Congress are notified of such proposed action.
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, as
amended, Public Law 91–304, and such laws that were in effect
immediately before September 30, 1982, and for trade adjustment
assistance, $368,379,000: Provided, That none of the funds appropriated or otherwise made available under this heading may be
used directly or indirectly for attorneys’ or consultants’ fees in
connection with securing grants and contracts made by the Economic Development Administration: Provided further, That, notwithstanding any other provision of law, the Secretary of Commerce
may provide financial assistance for projects to be located on military installations closed or scheduled for closure or realignment
to grantees eligible for assistance under the Public Works and
Economic Development Act of 1965, as amended, without it being
required that the grantee have title or ability to obtain a lease
for the property, for the useful life of the project, when in the
opinion of the Secretary of Commerce, such financial assistance
is necessary for the economic development of the area: Provided
further, That the Secretary of Commerce may, as the Secretary
considers appropriate, consult with the Secretary of Defense regarding the title to land on military installations closed or scheduled
for closure or realignment.
SALARIES AND EXPENSES

For necessary expenses of administering the economic development assistance programs as provided for by law, $24,000,000:
Provided, That these funds may be used to monitor projects
approved pursuant to title I of the Public Works Employment
Act of 1976, as amended, title II of the Trade Act of 1974, as
amended, and the Community Emergency Drought Relief Act of
1977.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–80

MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business enterprise,
including expenses of grants, contracts, and other agreements with
public or private organizations, $27,000,000.
ECONOMIC AND INFORMATION INFRASTRUCTURE
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of Commerce,
$48,490,000, to remain available until September 30, 2000.
BUREAU OF THE CENSUS
SALARIES AND EXPENSES

For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$136,147,000.
PERIODIC CENSUSES AND PROGRAMS

For expenses necessary to conduct the decennial census,
$1,026,936,000 to remain available until expended: Provided, That,
of this amount, not less than $75,000,000 shall be for the following
activities: (1) $23,000,000 for additional staffing requirements for
local field offices; (2) $17,000,000 for additional promotion, outreach,
and marketing activities; and (3) $35,000,000 for additional costs
associated with modifications to decennial census questionnaires.
In addition, for necessary expenses of the Census Monitoring
Board as authorized by section 210 of Public Law 105–119,
$4,000,000, to remain available until expended.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law,
$155,966,000, to remain available until expended.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES

For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA),
$10,940,000, to remain available until expended: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, and operations, and related services and such fees shall
be retained and used as offsetting collections for costs of such
spectrum services, to remain available until expended: Provided
further, That hereafter, notwithstanding any other provision of law,
NTIA shall not authorize spectrum use or provide any spectrum

47 USC 903 note.

112 STAT. 2681–81

PUBLIC LAW 105–277—OCT. 21, 1998

functions pursuant to the NTIA Organization Act, 47 U.S.C. 902–
903, to any Federal entity without reimbursement as required by
NTIA for such spectrum management costs, and Federal entities
withholding payment of such cost shall not use spectrum: Provided
further, That the Secretary of Commerce is authorized to retain
and use as offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs incurred
in telecommunications research, engineering, and related activities
by the Institute for Telecommunication Sciences of the NTIA, in
furtherance of its assigned functions under this paragraph, and
such funds received from other Government agencies shall remain
available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION

For grants authorized by section 392 of the Communications
Act of 1934, as amended, $21,000,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $1,800,000 shall be available for
program administration as authorized by section 391 of the Act:
Provided further, That notwithstanding the provisions of section
391 of the Act, the prior year unobligated balances may be made
available for grants for projects for which applications have been
submitted and approved during any fiscal year: Provided further,
That, hereafter, notwithstanding any other provision of law, the
Pan-Pacific Education and Communication Experiments by Satellite
(PEACESAT) Program is eligible to compete for Public Telecommunications Facilities, Planning and Construction funds.
INFORMATION INFRASTRUCTURE GRANTS

For grants authorized by section 392 of the Communications
Act of 1934, as amended, $18,000,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $3,000,000 shall be available for
program administration and other support activities as authorized
by section 391: Provided further, That, of the funds appropriated
herein, not to exceed 5 percent may be available for telecommunications research activities for projects related directly to the
development of a national information infrastructure: Provided further, That, notwithstanding the requirements of section 392(a) and
392(c) of the Act, these funds may be used for the planning and
construction of telecommunications networks for the provision of
educational, cultural, health care, public information, public safety,
or other social services: Provided further, That notwithstanding
any other provision of law, no entity that receives telecommunications services at preferential rates under section 254(h) of the
Communications Act of 1934 (47 U.S.C. 254(h)) or receives assistance under the regional information sharing systems grant program
of the Department of Justice under part M of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796h)
may use funds under a grant under this heading to cover any
costs of the entity that would otherwise be covered by such preferential rates or such assistance, as the case may be.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–82

PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES

For necessary expenses of the Patent and Trademark Office
provided for by law, including defense of suits instituted against
the Commissioner of Patents and Trademarks, $643,026,000, to
remain available until expended: Provided, That of this amount,
$643,026,000 shall be derived from offsetting collections assessed
and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and
376, and shall be retained and used for necessary expenses in
this appropriation: Provided further, That the sum herein appropriated from the General Fund shall be reduced as such offsetting
collections are received during fiscal year 1999, so as to result
in a final fiscal year 1999 appropriation from the General Fund
estimated at $0: Provided further, That, during fiscal year 1999,
should the total amount of offsetting fee collections be less than
$643,026,000, the total amounts available to the Patent and Trademark Office shall be reduced accordingly: Provided further, That
any amount received in excess of $643,026,000 in fiscal year 1999
shall remain available until expended, but shall not be available
for obligation until October 1, 1999: Provided further, That the
amounts charged for patent fees under 35 U.S.C. 41(a) and (b)
shall be the amounts charged by the Patent and Trademark Office
on September 30, 1998, including any applicable surcharges collected pursuant to section 8001 of Public Law 103–66: Provided
further, That such fees shall be credited as offsetting collections
and shall be retained and used for necessary expenses in this
appropriation: Provided further, That upon enactment of a statute
reauthorizing the Patent and Trademark Office or establishing a
successor agency or agencies, and upon the subsequent enactment
of a new patent fee schedule, the fifth proviso in this paragraph
shall no longer have effect: Provided further, That, in addition
to amounts otherwise made available under this heading, not to
exceed $102,000,000 of such amounts collected shall be available
for obligation in fiscal year 1999 for purposes as authorized by
law: Provided further, That any amount received in excess of
$102,000,000 in fiscal year 1999 shall remain available until
expended, but shall not be available for obligation until October
1, 1999.
SCIENCE AND TECHNOLOGY
TECHNOLOGY ADMINISTRATION
UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY POLICY
SALARIES AND EXPENSES

For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $9,495,000, of which not to exceed
$1,600,000 shall remain available until September 30, 2000.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For necessary expenses of the National Institute of Standards
and Technology, $280,136,000, to remain available until expended,

112 STAT. 2681–83

PUBLIC LAW 105–277—OCT. 21, 1998

of which not to exceed $1,625,000 may be transferred to the ‘‘Working Capital Fund’’.
INDUSTRIAL TECHNOLOGY SERVICES

15 USC 278k
note.

For necessary expenses of the Manufacturing Extension Partnership of the National Institute of Standards and Technology,
$106,800,000, to remain available until expended: Provided, That
notwithstanding the time limitations imposed by 15 U.S.C. 278k(c)
(1) and (5) on the duration of Federal financial assistance that
may be awarded by the Secretary of Commerce to Regional Centers
for the transfer of Manufacturing Technology (‘‘Centers’’), such Federal financial assistance for a Center may continue beyond six
years and may be renewed for additional periods, not to exceed
one year, at a rate not to exceed one-third of the Center’s total
annual costs or the level of funding in the sixth year, whichever
is less, subject before any such renewal to a positive evaluation
of the Center and to a finding by the Secretary of Commerce
that continuation of Federal funding to the Center is in the best
interest of the Regional Centers for the transfer of Manufacturing
Technology Program: Provided further, That the Center’s most
recent performance evaluation is positive, and the Center has
submitted a reapplication which has successfully passed merit
review.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$203,500,000, to remain available until expended, of which not
to exceed $66,000,000 shall be available for the award of new
grants, and of which not to exceed $500,000 may be transferred
to the ‘‘Working Capital Fund’’.
CONSTRUCTION OF RESEARCH FACILITIES

For construction of new research facilities, including architectural and engineering design, and for renovation of existing facilities, not otherwise provided for the National Institute of Standards
and Technology, as authorized by 15 U.S.C. 278c–278e, $56,714,000,
to remain available until expended: Provided, That of the amounts
provided under this heading, $40,000,000 shall be available for
obligation and expenditure only after submission of a plan for
the expenditure of these funds, in accordance with section 605
of this Act.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)

33 USC 851.

For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft; not to exceed 250
commissioned officers on the active list as of September 30, 1999;
grants, contracts, or other payments to nonprofit organizations for
the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities as authorized by 33 U.S.C. 883i;
$1,579,844,000, to remain available until expended: Provided, That
fees and donations received by the National Ocean Service for

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–84

the management of the national marine sanctuaries may be retained
and used for the salaries and expenses associated with those activities, notwithstanding 31 U.S.C. 3302: Provided further, That in
addition, $63,381,000 shall be derived by transfer from the fund
entitled ‘‘Promote and Develop Fishery Products and Research
Pertaining to American Fisheries’’: Provided further, That grants
to States pursuant to sections 306 and 306A of the Coastal Zone
Management Act of 1972, as amended, shall not exceed $2,000,000:
Provided further, That not to exceed $31,439,000 shall be expended
for Executive Direction and Administration, which consists of the
Offices of the Under Secretary, the Executive Secretariat, Policy
and Strategic Planning, International Affairs, Legislative Affairs,
Public Affairs, Sustainable Development, the Chief Scientist, and
the General Counsel: Provided further, That the aforementioned
offices, excluding the Office of the General Counsel, shall not be
augmented by personnel details, temporary transfers of personnel
on either a reimbursable or nonreimbursable basis or any other
type of formal or informal transfer or reimbursement of personnel
or funds on either a temporary or long-term basis above the level
of 33 personnel: Provided further, That the Secretary of Commerce
shall make funds available to implement the mitigation recommendations identified subsequent to the ‘‘1995 Secretary’s Report
to Congress on Adequacy of NEXRAD Coverage and Degradation
of Weather Services’’, and shall ensure continuation of weather
service coverage for these communities until mitigation activities
are completed: Provided further, That no general administrative
charge shall be applied against any assigned activity included in
this Act and, further, that any direct administrative expenses
applied against assigned activities shall be limited to five percent
of the funds provided for that assigned activity.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFERS OF FUNDS)

For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $584,677,000, to remain available
until expended: Provided, That not to exceed $67,667,000 is available for the advanced weather interactive processing system, and
may be available for obligation and expenditure only pursuant
to a certification by the Secretary of Commerce that the total
cost to complete the acquisition and deployment of the advanced
weather interactive processing system through Build 4.2 and NOAA
Port system, including program management, operations, and
maintenance costs through deployment, will not exceed $71,790,000:
Provided further, That unexpended balances of amounts previously
made available in the ‘‘Operations, Research, and Facilities’’ account
for activities funded under this heading may be transferred to
and merged with this account, to remain available until expended
for the purposes for which the funds were originally appropriated.
COASTAL ZONE MANAGEMENT FUND

Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$4,000,000, for purposes set forth in sections 308(b)(2)(A),
308(b)(2)(B)(v), and 315(e) of such Act.

112 STAT. 2681–85

PUBLIC LAW 105–277—OCT. 21, 1998
FISHERMEN’S CONTINGENCY FUND

For carrying out the provisions of title IV of Public Law 95–
372, not to exceed $953,000, to be derived from receipts collected
pursuant to that Act, to remain available until expended.
FOREIGN FISHING OBSERVER FUND

For expenses necessary to carry out the provisions of the Atlantic Tunas Convention Act of 1975, as amended (Public Law 96–
339), the Magnuson-Stevens Fishery Conservation and Management
Act of 1976, as amended (Public Law 100–627), and the American
Fisheries Promotion Act (Public Law 96–561), to be derived from
the fees imposed under the foreign fishery observer program authorized by these Acts, not to exceed $189,000, to remain available
until expended.
FISHERIES FINANCE PROGRAM ACCOUNT

For the cost of direct loans, $338,000, as authorized by the
Merchant Marine Act of 1936, as amended: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That none of the funds made available under this heading
may be used for direct loans for any new fishing vessel that will
increase the harvesting capacity in any United States fishery.
GENERAL ADMINISTRATION
SALARIES AND EXPENSES

For expenses necessary for the general administration of the
Department of Commerce provided for by law, including not to
exceed $3,000 for official entertainment, $30,000,000.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $21,000,000.
PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
(RESCISSION)

Of the unobligated balances available under this heading from
prior year appropriations, fees collected in this fiscal year, and
balances of prior year fees, $71,000,000 are rescinded.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
SEC. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the
Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in
the manner prescribed by the Act, and, notwithstanding 31 U.S.C.
3324, may be used for advanced payments not otherwise authorized

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–86

only upon the certification of officials designated by the Secretary
of Commerce that such payments are in the public interest.
SEC. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries
and expenses shall be available for hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; services as authorized
by 5 U.S.C. 3109; and uniforms or allowances therefore, as authorized by law (5 U.S.C. 5901–5902).
SEC. 203. None of the funds made available by this Act may
be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force
or the United States Air Force Reserve.
SEC. 204. None of the funds provided in this or any previous
Act, or hereinafter made available to the Department of Commerce,
shall be available to reimburse the Unemployment Trust Fund
or any other fund or account of the Treasury to pay for any expenses
paid before October 1, 1992, as authorized by section 8501 of title
5, United States Code, for services performed after April 20, 1990,
by individuals appointed to temporary positions within the Bureau
of the Census for purposes relating to the 1990 decennial census
of population.
SEC. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
SEC. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, or any portion thereof,
the Secretary of Commerce, no later than 90 days thereafter, shall
submit to the Committees on Appropriations of the House and
the Senate a plan for transferring funds provided in this Act to
the appropriate successor organizations: Provided, That the plan
shall include a proposal for transferring or rescinding funds appropriated herein for agencies or programs terminated under such
legislation: Provided further, That such plan shall be transmitted
in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of
any successor organization(s) may use any available funds to carry
out legislation dismantling or reorganizing the Department of Commerce, or any portion thereof, to cover the costs of actions relating
to the abolishment, reorganization, or transfer of functions and
any related personnel action, including voluntary separation incentives if authorized by such legislation: Provided, That the authority
to transfer funds between appropriations accounts that may be
necessary to carry out this section is provided in addition to authorities included under section 205 of this Act: Provided further, That
use of funds to carry out this section shall be treated as a reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
SEC. 207. Any costs incurred by a Department or agency funded
under this title resulting from personnel actions taken in response
to funding reductions included in this title or from actions taken

13 USC 23 note.

112 STAT. 2681–87

31 USC 501 note.

PUBLIC LAW 105–277—OCT. 21, 1998

for the care and protection of loan collateral or grant property
shall be absorbed within the total budgetary resources available
to such Department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be necessary
to carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures set forth in that section.
SEC. 208. The Secretary of Commerce may award contracts
for hydrographic, geodetic, and photogrammetric surveying and
mapping services in accordance with title IX of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
SEC. 209. The Secretary of Commerce may use the Commerce
franchise fund for expenses and equipment necessary for the
maintenance and operation of such administrative services as the
Secretary determines may be performed more advantageously as
central services, pursuant to section 403 of Public Law 103–356:
Provided, That any inventories, equipment, and other assets
pertaining to the services to be provided by such fund, either
on hand or on order, less the related liabilities or unpaid obligations,
and any appropriations made for the purpose of providing capital
shall be used to capitalize such fund: Provided further, That such
fund shall be paid in advance from funds available to the Department and other Federal agencies for which such centralized services
are performed, at rates which will return in full all expenses of
operation, including accrued leave, depreciation of fund plant and
equipment, amortization of automated data processing (ADP) software and systems (either acquired or donated), and an amount
necessary to maintain a reasonable operating reserve, as determined by the Secretary: Provided further, That such fund shall
provide services on a competitive basis: Provided further, That
an amount not to exceed 4 percent of the total annual income
to such fund may be retained in the fund for fiscal year 1999
and each fiscal year thereafter, to remain available until expended,
to be used for the acquisition of capital equipment, and for the
improvement and implementation of Department financial management, ADP, and other support systems: Provided further, That
such amounts retained in the fund for fiscal year 1999 and each
fiscal year thereafter shall be available for obligation and expenditure only in accordance with section 605 of this Act: Provided
further, That no later than 30 days after the end of each fiscal
year, amounts in excess of this reserve limitation shall be deposited
as miscellaneous receipts in the Treasury: Provided further, That
such franchise fund pilot program shall terminate pursuant to
section 403(f) of Public Law 103–356.
SEC. 210. No funds may be used under this Act to process
or register any application filed or submitted with the Patent and
Trademark Office under the Act entitled ‘‘An Act to provide for
the registration and protection of trademarks used in commerce,
to carry out the provisions of certain international conventions,
and for other purposes’’, approved July 5, 1946, commonly referred
to as the Trademark Act of 1946, as amended, after the date
of enactment of this Act for a mark identical to the official tribal
insignia of any federally recognized Indian tribe for a period of
one year from the date of enactment of this Act.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–88

SEC. 211. (a)(1) Notwithstanding any other provision of law,
no transaction or payment shall be authorized or approved pursuant
to section 515.527 of title 31, Code of Federal Regulations, as
in effect on September 9, 1998, with respect to a mark, trade
name, or commercial name that is the same as or substantially
similar to a mark, trade name, or commercial name that was
used in connection with a business or assets that were confiscated
unless the original owner of the mark, trade name, or commercial
name, or the bona fide successor-in-interest has expressly consented.
(2) No U.S. court shall recognize, enforce or otherwise validate
any assertion of rights by a designated national based on common
law rights or registration obtained under such section 515.527 of
such a confiscated mark, trade name, or commercial name.
(b) No U.S. court shall recognize, enforce or otherwise validate
any assertion of treaty rights by a designated national or its successor-in-interest under sections 44 (b) or (e) of the Trademark Act
of 1946 (15 U.S.C. 1126 (b) or (e)) for a mark, trade name, or
commercial name that is the same as or substantially similar to
a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated unless the
original owner of such mark, trade name, or commercial name,
or the bona fide successor-in-interest has expressly consented.
(c) The Secretary of the Treasury shall promulgate such rules
and regulations as are necessary to carry out the provisions of
this section.
(d) In this section:
(1) The term ‘‘designated national’’ has the meaning given
such term in section 515.305 of title 31, Code of Federal Regulations, as in effect on September 9, 1998, and includes a national
of any foreign country who is a successor-in-interest to a designated national.
(2) The term ‘‘confiscated’’ has the meaning given such
term in section 515.336 of title 31, Code of Federal Regulations,
as in effect on September 9, 1998.
SEC. 212. (a) Subject to subsection (b), the Secretary of Commerce shall convey, at fair market value (as determined by the
Secretary), to the city of Two Harbors, Minnesota, or its designee,
the parcel of land described in subsection (c).
(b) The Secretary may make the conveyance under subsection
(a) only if the Secretary receives adequate assurances, as determined by the Secretary, that the conveyance is in accordance with
the requirements of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(c) The parcel of land referred to in subsection (a) consists
of approximately 21.55 acres known as the J and J Casting site,
in Lake County, Minnesota, together with a road easement, all
as described in the deed of the United States Marshal, dated March
22, 1988, executed pursuant to the order of sale of the United
States District Court for the District of Minnesota, dated May
15, 1987, in case Civil No. 5–86–300.
(d) The Secretary shall carry out this section acting through
the Assistant Secretary of Commerce for Economic Development.
SEC. 213. The Secretary of Commerce, through the Under Secretary for Oceans and Atmosphere, is authorized to exchange, under
such terms as the Secretary deems appropriate, all right, title,
and interest in the 28.16 acre Lena Point property near Juneau,
Alaska, to site a National Oceanic and Atmospheric Administration

Regulations.

112 STAT. 2681–89

PUBLIC LAW 105–277—OCT. 21, 1998

facility: Provided, That the Secretary is authorized to enter into
an agreement with the owner of the Lena Point site to modify
existing rock quarry operations to minimize future site development
costs, and to provide appropriated funds for project mitigation purposes: Provided further, That Section 2(b) of Public Law 104–91
is amended by striking ‘‘on Auke Cape near Juneau, Alaska’’ and
inserting in lieu thereof ‘‘in Alaska’’.
SEC. 214. The National Oceanic and Atmospheric Administration (NOAA) is authorized to provide an easement, lease, license
or other long-term agreement to allow the State of Alaska to own,
operate and maintain a laboratory, classroom, and office facility
on the site of the NOAA facility and to accept and expend State
funds for development of joint facilities that will be owned and
operated by NOAA: Provided, That NOAA is authorized to collect
operation and maintenance costs from the State of Alaska and
to retain said funds for utility costs, and current and future facility
maintenance costs.
This title may be cited as the ‘‘Department of Commerce and
Related Agencies Appropriations Act, 1999’’.
The Judiciary
Appropriations
Act, 1999.

TITLE III—THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court,
as required by law, excluding care of the building and grounds,
including purchase or hire, driving, maintenance, and operation
of an automobile for the Chief Justice, not to exceed $10,000 for
the purpose of transporting Associate Justices, and hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not
to exceed $10,000 for official reception and representation expenses;
and for miscellaneous expenses, to be expended as the Chief Justice
may approve, $31,059,000.
CARE OF THE BUILDING AND GROUNDS

For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
him by the Act approved May 7, 1934 (40 U.S.C. 13a–13b),
$5,400,000, of which $2,364,000 shall remain available until
expended.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
SALARIES AND EXPENSES

For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized
by law, $16,101,000.
UNITED STATES COURT OF INTERNATIONAL TRADE
SALARIES AND EXPENSES

For salaries of the chief judge and 8 judges, salaries of the
officers and employees of the court, services as authorized by 5

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–90

U.S.C. 3109, and necessary expenses of the court, as authorized
by law, $11,804,000.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL
SERVICES
SALARIES AND EXPENSES

For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the
United States Court of Federal Claims, bankruptcy judges, magistrate judges, and all other officers and employees of the Federal
Judiciary not otherwise specifically provided for, and necessary
expenses of the courts, as authorized by law, $2,821,821,000 (including the purchase of firearms and ammunition); of which not to
exceed $13,454,000 shall remain available until expended for space
alteration projects; and of which not to exceed $10,000,000 shall
remain available until expended for furniture and furnishings
related to new space alteration and construction projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $2,515,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
VIOLENT CRIME REDUCTION PROGRAMS

For activities of the Federal Judiciary as authorized by law,
$41,043,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund, as authorized
by section 190001(a) of Public Law 103–322, and sections 818
and 823 of Public Law 104–132.
DEFENDER SERVICES

For the operation of Federal Public Defender and Community
Defender organizations; the compensation and reimbursement of
expenses of attorneys appointed to represent persons under the
Criminal Justice Act of 1964, as amended; the compensation and
reimbursement of expenses of persons furnishing investigative,
expert and other services under the Criminal Justice Act (18 U.S.C.
3006A(e)); the compensation (in accordance with Criminal Justice
Act maximums) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant
has waived representation by counsel; the compensation and
reimbursement of travel expenses of guardians ad litem acting
on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign
countries with which the United States has a treaty for the execution of penal sentences; and the compensation of attorneys
appointed to represent jurors in civil actions for the protection
of their employment, as authorized by 28 U.S.C. 1875(d),
$360,952,000, to remain available until expended as authorized
by 18 U.S.C. 3006A(i).

112 STAT. 2681–91

PUBLIC LAW 105–277—OCT. 21, 1998
FEES OF JURORS AND COMMISSIONERS

For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71A(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)),
$66,861,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the daily
equivalent of the highest rate payable under section 5332 of title
5, United States Code.
COURT SECURITY
For necessary expenses, not otherwise provided for, incident
to the procurement, installation, and maintenance of security equipment and protective services for the United States Courts in courtrooms and adjacent areas, including building ingress-egress control,
inspection of packages, directed security patrols, and other similar
activities as authorized by section 1010 of the Judicial Improvement
and Access to Justice Act (Public Law 100–702), $174,569,000,
of which not to exceed $10,000,000 shall remain available until
expended for security systems, to be expended directly or transferred to the United States Marshals Service, which shall be responsible for administering elements of the Judicial Security Program
consistent with standards or guidelines agreed to by the Director
of the Administrative Office of the United States Courts and the
Attorney General.
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS
SALARIES AND EXPENSES

For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $54,500,000, of which not to
exceed $7,500 is authorized for official reception and representation
expenses.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES

For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90–219, $17,716,000; of which $1,800,000
shall remain available through September 30, 2000, to provide
education and training to Federal court personnel; and of which
not to exceed $1,000 is authorized for official reception and representation expenses.
JUDICIAL RETIREMENT FUNDS
PAYMENT TO JUDICIARY TRUST FUNDS

For payment to the Judicial Officers’ Retirement Fund, as
authorized by 28 U.S.C. 377(o), $27,500,000; to the Judicial Survivors’ Annuities Fund, as authorized by 28 U.S.C. 376(c),

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–92

$7,800,000; and to the United States Court of Federal Claims
Judges’ Retirement Fund, as authorized by 28 U.S.C. 178(l),
$2,000,000.
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $9,487,000,
of which not to exceed $1,000 is authorized for official reception
and representation expenses.
GENERAL PROVISIONS—THE JUDICIARY
SEC. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available
for services as authorized by 5 U.S.C. 3109.
SEC. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act
may be transferred between such appropriations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and Other
Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and
Commissioners’’, shall be increased by more than 10 percent by
any such transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that
section.
SEC. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts, courts of
appeals, and other judicial services shall be available for official
reception and representation expenses of the Judicial Conference
of the United States: Provided, That such available funds shall
not exceed $10,000 and shall be administered by the Director of
the Administrative Office of the United States Courts in the capacity
as Secretary of the Judicial Conference.
This title may be cited as ‘‘The Judiciary Appropriations Act,
1999’’.
TITLE IV—DEPARTMENT OF STATE AND RELATED
AGENCIES
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS

For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including expenses
authorized by the State Department Basic Authorities Act of 1956,
as amended; representation to certain international organizations
in which the United States participates pursuant to treaties, ratified
pursuant to the advice and consent of the Senate, or specific Acts
of Congress; acquisition by exchange or purchase of passenger motor
vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c), and

Department of
State and
Related Agencies
Appropriations
Act, 1999.

112 STAT. 2681–93

8 USC 1351 note.

PUBLIC LAW 105–277—OCT. 21, 1998

22 U.S.C. 2674; and for expenses of general administration,
$1,644,300,000: Provided, That, of the amount made available under
this heading, not to exceed $4,000,000 may be transferred to, and
merged with, funds in the ‘‘Emergencies in the Diplomatic and
Consular Service’’ appropriations account, to be available only for
emergency evacuations and terrorism rewards: Provided further,
That of the amount made available under this heading, $500,000
shall be available only for the National Law Center for InterAmerican Free Trade: Provided further, That notwithstanding section 140(a)(5), and the second sentence of section 140(a)(3), of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103–236), fees may be collected during fiscal years
1999 and 2000 under the authority of section 140(a)(1) of that
Act: Provided further, That all fees collected under the preceding
proviso shall be deposited in fiscal years 1999 and 2000 as an
offsetting collection to appropriations made under this heading to
recover costs as set forth under section 140(a)(2) of that Act and
shall remain available until expended.
In addition, not to exceed $1,252,000 shall be derived from
fees collected from other executive agencies for lease or use of
facilities located at the International Center in accordance with
section 4 of the International Center Act (Public Law 90–553),
as amended; in addition, as authorized by section 5 of such Act,
$490,000, to be derived from the reserve authorized by that section,
to be used for the purposes set out in that section; and, in addition,
not to exceed $15,000, which shall be derived from reimbursements,
surcharges, and fees for use of Blair House facilities in accordance
with section 46 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to exceed 20 percent of the amounts made available in this Act in the appropriation
accounts ‘‘Diplomatic and Consular Programs’’ and ‘‘Salaries and
Expenses’’ under the heading ‘‘Administration of Foreign Affairs’’
may be transferred between such appropriation accounts: Provided,
That any transfer pursuant to this sentence shall be treated as
a reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
SALARIES AND EXPENSES

For expenses necessary for the general administration of the
Department of State and the Foreign Service, provided for by law,
including expenses authorized by section 9 of the Act of August
31, 1964, as amended (31 U.S.C. 3721), and the State Department
Basic Authorities Act of 1956, as amended, $355,000,000: Provided,
That, of this amount, $813,333 shall be transferred to the Presidential Advisory Commission on Holocaust Assets in the United
States.
CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund,
$80,000,000, to remain available until expended, as authorized in
Public Law 103–236: Provided, That section 135(e) of Public Law
103–236 shall not apply to funds available under this heading.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–94

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended (5 U.S.C. App.), $27,495,000, notwithstanding section
209(a)(1) of the Foreign Service Act of 1980, as amended (Public
Law 96–465), as it relates to post inspections.
REPRESENTATION ALLOWANCES

For representation allowances as authorized by section 905
of the Foreign Service Act of 1980, as amended (22 U.S.C. 4085),
$4,350,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary
of State to provide for extraordinary protective services in accordance with the provisions of section 214 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208,
$8,100,000, to remain available until September 30, 2000.
SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS

For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292–300), preserving,
maintaining, repairing, and planning for, buildings that are owned
or directly leased by the Department of State, renovating, in addition to funds otherwise available, the Main State Building, and
carrying out the Diplomatic Security Construction Program as
authorized by title IV of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4851), $403,561,000, to remain
available until expended as authorized by section 24(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)): Provided, That none of the funds appropriated in this paragraph shall
be available for acquisition of furniture and furnishings and generators for other departments and agencies.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Consular Service pursuant to the requirement of 31 U.S.C. 3526(e),
$5,500,000 to remain available until expended as authorized by
section 24(c) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2696(c)), of which not to exceed $1,000,000 may
be transferred to and merged with the Repatriation Loans Program
Account, subject to the same terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $593,000, as authorized by section
4 of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2671): Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974. In addition, for administrative expenses necessary to carry out the direct loan program, $607,000, which may
be transferred to and merged with the Salaries and Expenses
account under Administration of Foreign Affairs.

112 STAT. 2681–95

PUBLIC LAW 105–277—OCT. 21, 1998
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act,
Public Law 96–8, $14,750,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND

For payment to the Foreign Service Retirement and Disability
Fund, as authorized by law, $132,500,000.
22 USC 269a
note.

INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice
and consent of the Senate, conventions or specific Acts of Congress,
$922,000,000: Provided, That any payment of arrearages shall be
directed toward special activities that are mutually agreed upon
by the United States and the respective international organization:
Provided further, That none of the funds appropriated in this paragraph shall be available for a United States contribution to an
international organization for the United States share of interest
costs made known to the United States Government by such
organization for loans incurred on or after October 1, 1984, through
external borrowings: Provided further, That, of the funds appropriated in this paragraph, $100,000,000 may be made available
only on a semi-annual basis pursuant to a certification by the
Secretary of State on a semi-annual basis, that the United Nations
has taken no action during the preceding 6 months to increase
funding for any United Nations program without identifying an
offsetting decrease during that 6-month period elsewhere in the
United Nations budget and cause the United Nations to exceed
the expected reform budget for the biennium 1998–1999 of
$2,533,000,000: Provided further, That not to exceed $15,000,000
shall be transferred from funds made available under this heading
to the ‘‘International Conferences and Contingencies’’ account for
United States contributions to the Comprehensive Nuclear Test
Ban Treaty Preparatory Commission, except that such transferred
funds may be obligated or expended only for Commission meetings
and sessions, provisional technical secretariat salaries and
expenses, other Commission administrative and training activities,
including purchase of training equipment, and upgrades to existing
internationally based monitoring systems involved in cooperative
data sharing agreements with the United States as of the date
of enactment of this Act, until the United States Senate ratifies
the Comprehensive Nuclear Test Ban Treaty: Provided further,
That notwithstanding section 402 of this Act, not to exceed
$1,223,000 may be transferred from the funds made available under
this heading to the ‘‘International Conferences and Contingencies’’
account for assessed contributions to new or provisional international organizations or for travel expenses of official delegates
to international conferences: Provided further, That any transfer
pursuant to the previous proviso shall be treated as a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–96

the procedures set forth in that section: Provided further, That
not to exceed $2,000,000 shall only be available to establish an
international center for response to chemical, biological, and nuclear
weapons: Provided further, That funds appropriated under this
paragraph may be obligated and expended to pay the full U.S.
assessment to the civil budget of the North Atlantic Treaty Organization.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance
or restoration of international peace and security, $231,000,000:
Provided, That none of the funds made available under this Act
shall be obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least 15 days in advance
of voting for the new or expanded mission in the United Nations
Security Council (or in an emergency, as far in advance as is
practicable): (1) the Committees on Appropriations of the House
of Representatives and the Senate and other appropriate committees
of the Congress are notified of the estimated cost and length of
the mission, the vital national interest that will be served, and
the planned exit strategy; and (2) a reprogramming of funds pursuant to section 605 of this Act is submitted, and the procedures
therein followed, setting forth the source of funds that will be
used to pay for the cost of the new or expanded mission: Provided
further, That funds shall be available for peacekeeping expenses
only upon a certification by the Secretary of State to the appropriate
committees of the Congress that American manufacturers and
suppliers are being given opportunities to provide equipment, services, and material for United Nations peacekeeping activities equal
to those being given to foreign manufacturers and suppliers: Provided further, That none of the funds made available under this
heading are available to pay the United States share of the cost
of court monitoring that is part of any United Nations peacekeeping
mission.
ARREARAGE PAYMENTS

For an additional amount for payment of arrearages to meet
obligations of membership in the United Nations, and to pay
assessed expenses of international peacekeeping activities,
$475,000,000, to remain available until expended: Provided, That
none of the funds appropriated or otherwise made available under
this heading for payment of arrearages may be obligated or
expended unless such obligation or expenditure is expressly authorized by law: Provided further, That none of the funds appropriated
or otherwise made available under this heading for payment of
arrearages may be obligated or expended until such time as the
share of the total of all assessed contributions for the regular
budget of the United Nations does not exceed 22 percent for any
single United Nations member, and the share of the budget for
each assessed United Nations peacekeeping operation does not
exceed 25 percent for any single United Nations member.

112 STAT. 2681–97
22 USC 269a
note.

PUBLIC LAW 105–277—OCT. 21, 1998
INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND MEXICO

For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as follows:
SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for,
$19,551,000.
CONSTRUCTION

For detailed plan preparation and construction of authorized
projects, $5,939,000, to remain available until expended, as authorized by section 24(c) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2696(c)).
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for the International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized
by Public Law 103–182, $5,733,000, of which not to exceed $9,000
shall be available for representation expenses incurred by the International Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $14,549,000: Provided, That the United States’ share of such expenses may be
advanced to the respective commissions, pursuant to 31 U.S.C.
3324.
OTHER
PAYMENT TO THE ASIA FOUNDATION

For a grant to the Asia Foundation, as authorized by section
501 of Public Law 101–246, $8,250,000, to remain available until
expended, as authorized by section 24(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2696(c)).

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–98

RELATED AGENCIES
ARMS CONTROL AND DISARMAMENT AGENCY
ARMS CONTROL AND DISARMAMENT ACTIVITIES

For necessary expenses not otherwise provided, for arms control, nonproliferation, and disarmament activities, $41,500,000, of
which not to exceed $50,000 shall be for official reception and
representation expenses as authorized by the Act of September
26, 1961, as amended (22 U.S.C. 2551 et seq.).
UNITED STATES INFORMATION AGENCY
INTERNATIONAL INFORMATION PROGRAMS

For expenses, not otherwise provided for, necessary to enable
the United States Information Agency, as authorized by the Mutual
Educational and Cultural Exchange Act of 1961, as amended (22
U.S.C. 2451 et seq.), the United States Information and Educational
Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.), and
Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to carry out
international communication, educational and cultural activities;
and to carry out related activities authorized by law, including
employment, without regard to civil service and classification laws,
of persons on a temporary basis (not to exceed $700,000 of this
appropriation), as authorized by section 801 of such Act of 1948
(22 U.S.C. 1471), and entertainment, including official receptions,
within the United States, not to exceed $25,000 as authorized
by section 804(3) of such Act of 1948 (22 U.S.C. 1474(3)),
$455,246,000: Provided, That not to exceed $1,400,000 may be used
for representation abroad as authorized by section 302 of such
Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign Service
Act of 1980 (22 U.S.C. 4085): Provided further, That not to exceed
$6,000,000, to remain available until expended, may be credited
to this appropriation from fees or other payments received from
or in connection with English teaching, library, motion pictures,
and publication programs as authorized by section 810 of such
Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any other
law, fees from educational advising and counseling, and exchange
visitor program services: Provided further, That not to exceed
$920,000, to remain available until expended, may be used to carry
out projects involving security construction and related improvements for agency facilities not physically located together with
Department of State facilities abroad.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of educational and cultural exchange programs,
as authorized by the Mutual Educational and Cultural Exchange
Act of 1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91 Stat. 1636), $202,500,000, to remain
available until expended as authorized by section 105 of such Act
of 1961 (22 U.S.C. 2455): Provided, That not to exceed $800,000,
to remain available until expended, may be credited to this appropriation from fees or other payments received from or in connection
with English teaching and publication programs as authorized by
section 810 of the United States Information and Educational

112 STAT. 2681–99

PUBLIC LAW 105–277—OCT. 21, 1998

Exchange Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any
other provision of law, fees from educational advising and counseling: Provided further, That notwithstanding section 402 of this
Act, not to exceed $2,000,000 may be transferred from the funds
made available under this heading to the ‘‘Technology Fund’’
account.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND

For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest
and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 1999, to remain
available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by 5 U.S.C. 5376; or for purposes
which are not in accordance with OMB Circulars A–110 (Uniform
Administrative Requirements) and A–122 (Cost Principles for Nonprofit Organizations), including the restrictions on compensation
for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM

For necessary expenses of the Israeli Arab Scholarship Program
as authorized by section 214 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest
and earnings accruing to the Israeli Arab Scholarship Fund on
or before September 30, 1999, to remain available until expended.
INTERNATIONAL BROADCASTING OPERATIONS

For expenses necessary to enable the United States Information
Agency, as authorized by the United States Information and Educational Exchange Act of 1948, as amended, the United States
International Broadcasting Act of 1994, as amended, and Reorganization Plan No. 2 of 1977, to carry out international communication activities, $362,365,000, of which not to exceed $16,000 may
be used for official receptions within the United States as authorized
by section 804(3) of such Act of 1948 (22 U.S.C. 1747(3)), not
to exceed $35,000 may be used for representation abroad as authorized by section 302 of such Act of 1948 (22 U.S.C. 1452) and
section 905 of the Foreign Service Act of 1980 (22 U.S.C. 4085),
and not to exceed $39,000 may be used for official reception and
representation expenses of Radio Free Europe/Radio Liberty; and
in addition, notwithstanding any other provision of law, not to
exceed $2,000,000 in receipts from advertising and revenue from
business ventures, not to exceed $500,000 in receipts from cooperating international organizations, and not to exceed $1,000,000 in
receipts from privatization efforts of the Voice of America and
the International Broadcasting Bureau, to remain available until
expended for carrying out authorized purposes.
BROADCASTING TO CUBA

For expenses necessary to enable the United States Information
Agency to carry out the Radio Broadcasting to Cuba Act, as amended, the Television Broadcasting to Cuba Act, and the International

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–100

Broadcasting Act of 1994, including the purchase, rent, construction,
and improvement of facilities for radio and television transmission
and reception, and purchase and installation of necessary equipment
for radio and television transmission and reception, $22,095,000,
to remain available until expended.
RADIO CONSTRUCTION

For the purchase, rent, construction, and improvement of facilities for radio transmission and reception, and purchase and installation of necessary equipment for radio and television transmission
and reception as authorized by section 801 of the United States
Information and Educational Exchange Act of 1948 (22 U.S.C. 1471),
$13,245,000, to remain available until expended, as authorized by
section 704(a) of such Act of 1948 (22 U.S.C. 1477b(a)).
EAST-WEST CENTER

To enable the Director of the United States Information Agency
to provide for carrying out the provisions of the Center for Cultural
and Technical Interchange Between East and West Act of 1960
(22 U.S.C. 2054–2057), by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of
Hawaii, $12,500,000: Provided, That none of the funds appropriated
herein shall be used to pay any salary, or enter into any contract
providing for the payment thereof, in excess of the rate authorized
by 5 U.S.C. 5376.
NORTH/SOUTH CENTER

To enable the Director of the United States Information Agency
to provide for carrying out the provisions of the North/South Center
Act of 1991 (22 U.S.C. 2075), by grant to an educational institution
in Florida known as the North/South Center, $1,750,000, to remain
available until expended.
NATIONAL ENDOWMENT FOR DEMOCRACY

For grants made by the United States Information Agency
to the National Endowment for Democracy as authorized by the
National Endowment for Democracy Act, $31,000,000, to remain
available until expended.
GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED
AGENCIES
SEC. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of title 5, United States Code; for
services as authorized by 5 U.S.C. 3109; and hire of passenger
transportation pursuant to 31 U.S.C. 1343(b).
SEC. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That not to exceed 5 percent of any appropriation made
available for the current fiscal year for the United States Information Agency in this Act may be transferred between such

112 STAT. 2681–101

PUBLIC LAW 105–277—OCT. 21, 1998

appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent
by any such transfers: Provided further, That any transfer pursuant
to this section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
SEC. 403. (a) An employee who regularly commutes from his
or her place of residence in the continental United States to an
official duty station in Canada or Mexico shall receive a border
equalization adjustment equal to the amount of comparability payments under section 5304 of title 5, United States Code, that
he or she would receive if assigned to an official duty station
within the United States locality pay area closest to the employee’s
official duty station.
(b) For purposes of this section, the term ‘‘employee’’ shall
mean a person who—
(1) is an ‘‘employee’’ as defined under section 2105 of title
5, United States Code; and
(2) is employed by the United States Department of State,
the United States Information Agency, the United States
Agency for International Development, or the International
Joint Commission, except that the term shall not include members of the Foreign Service as defined by section 103 of the
Foreign Service Act of 1980 (Public Law 96–465), section 3903
of title 22, United States Code.
(c) An equalization adjustment payable under this section shall
be considered basic pay for the same purposes as are comparability
payments under section 5304 of title 5, United States Code, and
its implementing regulations.
(d) The agencies referenced in subsection (c)(2) are authorized
to promulgate regulations to carry out the purposes of this section.
SEC. 404. (a) Section 6(4) of the Japan-United States Friendship
Act (22 U.S.C. 2905(4)) is amended by striking ‘‘needed, except’’
and all that follows through ‘‘United States’’ and inserting ‘‘needed’’.
(b) The second sentence of section 7(b) of the Japan-United
States Friendship Act (22 U.S.C. 2906(b)) is amended to read as
follows: ‘‘Such investment may be made only in interest-bearing
obligations of the United States, in obligations guaranteed as to
both principal and interest by the United States, in interest-bearing
obligations of Japan, or in obligations guaranteed as to both principal and interest by Japan.’’.
SEC. 405. The Director of the United States Information Agency
is authorized to administer summer travel and work programs
without regard to preplacement requirements.
SEC. 406. Section 12 of the International Organizations Immunities Act (22 U.S.C. 288f–2) is amended by inserting ‘‘and the
United Nations Industrial Development Organization’’ after ‘‘International Labor Organization’’.
SEC. 407. (a) Section 5545a of title 5, United States Code,
is amended by adding at the end the following:
‘‘(k)(1) For purposes of this section, the term ‘criminal investigator’ includes a special agent occupying a position under title II
of Public Law 99–399 if such special agent—
‘‘(A) meets the definition of such term under paragraph
(2) of subsection (a) (applied disregarding the parenthetical
matter before subparagraph (A) thereof); and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–102

‘‘(B) such special agent satisfies the requirements of subsection (d) without taking into account any hours described
in paragraph (2)(B) thereof.
‘‘(2) In applying subsection (h) with respect to a special agent
under this subsection—
‘‘(A) any reference in such subsection to ‘basic pay’ shall
be considered to include amounts designated as ‘salary’;
‘‘(B) paragraph (2)(A) of such subsection shall be considered
to include (in addition to the provisions of law specified therein)
sections 609(b)(1), 805, 806, and 856 of the Foreign Service
Act of 1980; and
‘‘(C) paragraph (2)(B) of such subsection shall be applied
by substituting for ‘Office of Personnel Management’ the following: ‘Office of Personnel Management or the Secretary of State
(to the extent that matters exclusively within the jurisdiction
of the Secretary are concerned)’.’’.
(b) Not later than the date on which the amendments made
by this section take effect, each special agent of the Diplomatic
Security Service who satisfies the requirements of subsection (k)(1)
of section 5545a of title 5, United States Code, as amended by
this section, and the appropriate supervisory officer, to be designated by the Secretary of State, shall make an initial certification
to the Secretary of State that the special agent is expected to
meet the requirements of subsection (d) of such section 5545a.
The Secretary of State may prescribe procedures necessary to
administer this subsection.
(c)(1) Paragraph (2) of section 5545a(a) of title 5, United States
Code, is amended (in the matter before subparagraph (A)) by striking ‘‘Public Law 99–399)’’ and inserting ‘‘Public Law 99–399, subject
to subsection (k))’’.
(2) Section 5542(e) of such title is amended by striking ‘‘title
18, United States Code,’’ and inserting ‘‘title 18 or section 37(a)(3)
of the State Department Basic Authorities Act of 1956,’’.
(d) The amendments made by this section shall take effect
on the first day of the first applicable pay period—
(1) which begins on or after the 90th day following the
date of the enactment of this Act; and
(2) on which date all regulations necessary to carry out
such amendments are (in the judgment of the Director of the
Office of Personnel Management and the Secretary of State)
in effect.
SEC. 408. None of the funds made available in this Act may
be used by the Department of State or the United States Information Agency to provide equipment, technical support, consulting
services, or any other form of assistance to the Palestinian Broadcasting Corporation.
SEC. 409. During the current fiscal year and hereafter, the
Secretary of State shall have discretionary authority to pay tort
claims in the manner authorized by section 2672 of title 28, United
States Code, when such claims arise in foreign countries in connection with the overseas operations of the Department of State.
SEC. 410. (a)(1)(A) Notwithstanding any other provision of law
and subject to subparagraph (B), the Secretary of State and the
Attorney General shall impose, for the processing of any application
for the issuance of a machine readable combined border crossing
card and nonimmigrant visa under section 101(a)(15)(B) of the
Immigration and Nationality Act, a fee of $13 (for recovery of

Effective date.
5 USC 5542 note.

28 USC 2669–1.

112 STAT. 2681–103

PUBLIC LAW 105–277—OCT. 21, 1998

the costs of manufacturing the combined card and visa) in the
case of any alien under 15 years of age where the application
for the machine readable combined border crossing card and nonimmigrant visa is made in Mexico by a citizen of Mexico who
has at least one parent or guardian who has a visa under such
section or is applying for a machine readable combined border
crossing card and nonimmigrant visa under such section as well.
(B) The Secretary of State and the Attorney General may
not commence implementation of the requirement in subparagraph
(A) until the later of—
(i) the date that is 6 months after the date of enactment
of this Act; or
(ii) the date on which the Secretary sets the amount of
the fee or surcharge in accordance with paragraph (3).
(2)(A) Except as provided in subparagraph (B), if the fee for
a machine readable combined border crossing card and nonimmigrant visa issued under section 101(a)(15)(B) of the Immigration and Nationality Act has been reduced under paragraph (1)
for a child under 15 years of age, the machine readable combined
border crossing card and nonimmigrant visa shall be issued to
expire on the earlier of—
(i) the date on which the child attains the age of 15;
or
(ii) ten years after its date of issue.
(B) At the request of the parent or guardian of any alien
under 15 years of age otherwise covered by subparagraph (A),
the Secretary of State and the Attorney General may charge the
non-reduced fee for the processing of an application for the issuance
of a machine readable combined border crossing card and nonimmigrant visa under section 101(a)(15)(B) of the Immigration and
Nationality Act provided that the machine readable combined border crossing card and nonimmigrant visa is issued to expire as
of the same date as is usually provided for visas issued under
that section.
(3) Notwithstanding any other provision of law, the Secretary
of State shall set the amount of the fee or surcharge authorized
pursuant to section 140(a) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 8 U.S.C.
1351 note) for the processing of machine readable nonimmigrant
visas and machine readable combined border crossing cards and
nonimmigrant visas at a level that will ensure the full recovery
by the Department of State of the costs of processing such machine
readable nonimmigrant visas and machine readable combined border crossing cards and nonimmigrant visas, including the costs
of processing the machine readable combined border crossing cards
and nonimmigrant visas for which the fee is reduced pursuant
to this subsection.
(b) The Secretary of State shall continue, until the date that
is 5 years after the date of the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note et seq.), to process applications for visas under section
101(a)(15)(B) of the Immigration and Nationality Act at the following cities in Mexico located near the international border with
the United States: Nogales, Nuevo Laredo, Ciudad Acuna, Piedras
Negras, Agua Prieta, and Reynosa.

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112 STAT. 2681–104

(c) Section 104(b)(2) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is amended by striking ‘‘3 years’’ and inserting ‘‘5 years’’.
SEC. 411. Funds appropriated by this Act for the United States
Information Agency, the Arms Control and Disarmament Agency,
and the Department of State may be obligated and expended notwithstanding section 701 of the United States Information and
Educational Exchange Act of 1948 and section 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995, section
53 of the Arms Control and Disarmament Act, and section 15
of the State Department Basic Authorities Act of 1956.
This title may be cited as the ‘‘Department of State and Related
Agencies Appropriations Act, 1999’’.
TITLE V—RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
MARITIME SECURITY PROGRAM

For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $89,650,000, to remain available until expended.
OPERATIONS AND TRAINING

For necessary expenses of operations and training activities
authorized by law, $69,303,000.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

For the cost of guaranteed loans, as authorized by the Merchant
Marine Act, 1936, $6,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That these funds are
available to subsidize total loan principal, any part of which is
to be guaranteed, not to exceed $1,000,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $3,725,000, which shall
be transferred to and merged with the appropriation for Operations
and Training.
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and
make necessary repairs in connection with any lease, contract,
or occupancy involving Government property under control of the
Maritime Administration, and payments received therefore shall
be credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease, contract,
or occupancy for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year
from the construction fund established by the Merchant Marine

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Act, 1936, or otherwise, in excess of the appropriations and limitations contained in this Act or in any prior appropriation Act, and
all receipts which otherwise would be deposited to the credit of
said fund shall be covered into the Treasury as miscellaneous
receipts.
COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE
ABROAD
SALARIES AND EXPENSES

For expenses for the Commission for the Preservation of America’s Heritage Abroad, $265,000, as authorized by section 1303 of
Public Law 99–83.
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES

For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $8,900,000: Provided,
That not to exceed $50,000 may be used to employ consultants:
Provided further, That none of the funds appropriated in this paragraph shall be used to employ in excess of 4 full-time individuals
under Schedule C of the Excepted Service exclusive of 1 special
assistant for each Commissioner: Provided further, That none of
the funds appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the exception
of the chairperson who is permitted 125 billable days.
COMMISSION ON SECURITY AND COOPERATION IN EUROPE
SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94–304,
$1,170,000, to remain available until expended as authorized by
section 3 of Public Law 99–7.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, as amended (29 U.S.C. 206(d) and 621–634), the Americans
with Disabilities Act of 1990, and the Civil Rights Act of 1991,
including services as authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343(b); non-monetary
awards to private citizens; and not to exceed $29,000,000 for payments to State and local enforcement agencies for services to the
Commission pursuant to title VII of the Civil Rights Act of 1964,
as amended, sections 6 and 14 of the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, and the
Civil Rights Act of 1991, $279,000,000: Provided, That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,500 from available funds.

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112 STAT. 2681–106

FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–02; not to exceed
$600,000 for land and structure; not to exceed $500,000 for improvement and care of grounds and repair to buildings; not to exceed
$4,000 for official reception and representation expenses; purchase
(not to exceed 16) and hire of motor vehicles; special counsel fees;
and services as authorized by 5 U.S.C. 3109, $192,000,000, of which
not to exceed $300,000 shall remain available until September
30, 2000, for research and policy studies: Provided, That
$172,523,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of
1934, as amended, and shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated shall
be reduced as such offsetting collections are received during fiscal
year 1999 so as to result in a final fiscal year 1999 appropriation
estimated at $19,477,000: Provided further, That any offsetting
collections received in excess of $172,523,000 in fiscal year 1999
shall remain available until expended, but shall not be available
for obligation until October 1, 1999.
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act, 1936,
as amended (46 U.S.C. App. 1111), including services as authorized
by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343(b); and uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901–02, $14,150,000: Provided, That not
to exceed $2,000 shall be available for official reception and representation expenses.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception
and representation expenses, $86,679,000: Provided, That not to
exceed $300,000 shall be available for use to contract with a person
or persons for collection services in accordance with the terms
of 31 U.S.C. 3718, as amended: Provided further, That, notwithstanding any other provision of law, not to exceed $76,500,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be retained and used
for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the General Fund shall be reduced as such

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offsetting collections are received during fiscal year 1999, so as
to result in a final fiscal year 1999 appropriation from the General
Fund estimated at not more than $10,179,000, to remain available
until expended: Provided further, That none of the funds made
available to the Federal Trade Commission shall be available for
obligation for expenses authorized by section 151 of the Federal
Deposit Insurance Corporation Improvement Act of 1991 (Public
Law 102–242, 105 Stat. 2282–2285).
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION

For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974, as
amended, $300,000,000, of which $289,000,000 is for basic field
programs and required independent audits; $2,015,000 is for the
Office of Inspector General, of which such amounts as may be
necessary may be used to conduct additional audits of recipients;
and $8,985,000 is for management and administration.
ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited
by, or contrary to any of the provisions of, sections 501, 502,
503, 504, 505, and 506 of Public Law 105–119, and all funds
appropriated in this Act to the Legal Services Corporation shall
be subject to the same terms and conditions set forth in such
sections, except that all references in sections 502 and 503 to
1997 and 1998 shall be deemed to refer instead to 1998 and 1999,
respectively.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission
as authorized by title II of Public Law 92–522, as amended,
$1,240,000.
COMMISSION ON OCEAN POLICY
SALARIES AND EXPENSES

For necessary expenses of the Commission on Ocean Policy,
$3,500,000, to remain available until expended: Provided, That
the funds provided in this Act for the Commission on Ocean Policy
shall become available only upon the enactment of authorizing
legislation.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the District
of Columbia and elsewhere, and not to exceed $3,000 for official

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–108

reception and representation expenses, $23,000,000; and, in addition, to remain available until expended, from fees collected in
fiscal year 1998, $87,000,000, and from fees collected in fiscal year
1999, $214,000,000; of which not to exceed $10,000 may be used
toward funding a permanent secretariat for the International
Organization of Securities Commissions; and of which not to exceed
$100,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and
other regulatory officials, members of their delegations, appropriate
representatives and staff to exchange views concerning developments relating to securities matters, development and implementation of cooperation agreements concerning securities matters and
provision of technical assistance for the development of foreign
securities markets, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and
foreign invitees in attendance at such consultations and meetings
including: (1) such incidental expenses as meals taken in the course
of such attendance; (2) any travel and transportation to or from
such meetings; and (3) any other related lodging or subsistence:
Provided, That fees and charges authorized by sections 6(b)(4) of
the Securities Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee(d)) shall be credited
to this account as offsetting collections.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 103–403,
including hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception
and representation expenses, $288,300,000, of which: $3,500,000
shall be available for a grant to the NTTC at Wheeling Jesuit
University to continue the outreach program to assist small business development; $4,000,000 shall be available for a grant for
Western Carolina University to develop a facility to assist in small
business and rural economic development; $2,000,000 shall be available for a grant for the City of Hazard, Kentucky for a Center
for Rural Law Enforcement Technology and Training; $1,500,000
shall be available for a grant to the State University of New
York to develop a facility and operate the Institute of Entrepreneurship for small business and workforce development; $1,500,000
shall be available for a grant for Pikeville College for a telemedicine
learning and resource center; $1,000,000 shall be available for a
grant for the Center for Excellence in Marine Science Education
at Southampton College; $1,000,000 shall be for a grant to King’s
College in Wilkes-Barre, Pennsylvania, for the commercialization
of pulverization technologies; $850,000 shall be available for a grant
for the Carbondale Technology Transfer Center in Lackawanna
County, Pennsylvania; $1,000,000 shall be available for a grant
for the Institute for Software Research in Fairmont, West Virginia,
for Institute operations and to further develop their capability to
perform basic and applied research aimed at software engineering,
biometrics, image processing and networks; $500,000 shall be available for a grant for the Altoona Science and Technology Research
Academy in Altoona, Pennsylvania; $200,000 shall be available
for a grant to the City of Prestonburg, Kentucky for a regional

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PUBLIC LAW 105–277—OCT. 21, 1998

arts and tourism center; $300,000 shall be available for a grant
for the City of Parkersburg, West Virginia for infrastructure
improvements, facility upgrades, and property acquisition associated with community non-profit service and enrichment projects;
$200,000 shall be available for a grant for the Vandalia Heritage
Foundation to fulfill its charter purposes; $1,000,000 shall be available for a grant for the Moundsville Economic Development Council
to work in conjunction with the Office of Law Enforcement Technology Commercialization for the establishment of the National
Corrections and Law Enforcement Training and Technology Center,
and for infrastructure improvements associated with this initiative;
and $250,000 shall be available for a grant for the Johnstown
Area Regional Industries Defense Procurement Center to establish
a Year 2000 challenge grant program to assist small businesses
that rely heavily on the Federal Government’s acquisition system
for their livelihood, and help provide a solution to the Year 2000
computer problem: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by the
Small Business Administration, and certain loan servicing activities:
Provided further, That, notwithstanding 31 U.S.C. 3302, revenues
received from all such activities shall be credited to this account,
to be available for carrying out these purposes without further
appropriations: Provided further, That $82,000,000 shall be available to fund grants for performance in fiscal year 1999 or fiscal
year 2000 as authorized by section 21 of the Small Business Act,
as amended.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended (5 U.S.C. App.), $10,800,000.
BUSINESS LOANS PROGRAM ACCOUNT

For the cost of direct loans, $2,200,000, to be available until
expended; and for the cost of guaranteed loans, $128,030,000, as
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain
available until September 30, 2000: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That of the funds previously made available under
Public Law 105–135, section 507(g), for the Delta Loan program,
up to $20,000,000 may be transferred to and merged with the
appropriations for salaries and expenses: Provided further, That
during fiscal year 1999, commitments to guarantee loans under
section 503 of the Small Business Investment Act of 1958, as
amended, shall not exceed the amount of financings authorized
under section 20(d)(1)(B)(ii) of the Small Business Act, as amended:
Provided further, That during fiscal year 1999, commitments for
general business loans authorized under section 7(a) of the Small
Business Act, as amended, shall not exceed $10,000,000,000 without
prior notification of the Committees on Appropriations of the House
of Representatives and Senate in accordance with section 605 of
this Act.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $94,000,000, which may be

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112 STAT. 2681–110

transferred to and merged with the appropriations for Salaries
and Expenses.
DISASTER LOANS PROGRAM ACCOUNT

For the cost of direct loans authorized by section 7(b) of the
Small Business Act, as amended, $76,329,000, to remain available
until expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the direct
loan program, $116,000,000, which may be transferred to and
merged with appropriations for Salaries and Expenses, including
$500,000 for the Office of Inspector General of the Small Business
Administration for audits and reviews of disaster loans and the
disaster loan program, and said sums shall be transferred to and
merged with appropriations for the Office of Inspector General.
SURETY BOND GUARANTEES REVOLVING FUND

For additional capital for the ‘‘Surety Bond Guarantees Revolving Fund’’, authorized by the Small Business Investment Act, as
amended, $3,300,000, to remain available without fiscal year limitation as authorized by 15 U.S.C. 631 note.
ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION

Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Small Business Administration
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this paragraph shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES

For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1992 (Public
Law 102–572 (106 Stat. 4515–4516)), $6,850,000, to remain available until expended: Provided, That not to exceed $2,500 shall
be available for official reception and representation expenses.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 602. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available

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for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.
SEC. 604. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
SEC. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 1999, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds which: (1) creates
new programs; (2) eliminates a program, project, or activity; (3)
increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions, or activities
presently performed by Federal employees; unless the Appropriations Committees of both Houses of Congress are notified 15 days
in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 1999, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change
in existing programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress
are notified 15 days in advance of such reprogramming of funds.
SEC. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency repair),
overhaul, conversion, or modernization of vessels for the National
Oceanic and Atmospheric Administration in shipyards located outside of the United States.
SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with
funds made available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally determined by a court or Federal agency that any person intentionally
affixed a label bearing a ‘‘Made in America’’ inscription, or any

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inscription with the same meaning, to any product sold in or shipped
to the United States that is not made in the United States, the
person shall be ineligible to receive any contract or subcontract
made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regulations.
SEC. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines of
the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known to the Federal
entity or official to which such funds are made available that
such guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993 (58
Fed. Reg. 51266).
SEC. 609. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay for
any cost incurred for: (1) opening or operating any United States
diplomatic or consular post in the Socialist Republic of Vietnam
that was not operating on July 11, 1995; (2) expanding any United
States diplomatic or consular post in the Socialist Republic of Vietnam that was operating on July 11, 1995; or (3) increasing the
total number of personnel assigned to United States diplomatic
or consular posts in the Socialist Republic of Vietnam above the
levels existing on July 11, 1995; unless the President certifies
within 60 days the following:
(A) Based upon all information available to the United
States Government, the Government of the Socialist Republic
of Vietnam is fully cooperating in good faith with the United
States in the following:
(i) Resolving discrepancy cases, live sightings, and field
activities.
(ii) Recovering and repatriating American remains.
(iii) Accelerating efforts to provide documents that will
help lead to fullest possible accounting of prisoners of war
and missing in action.
(iv) Providing further assistance in implementing trilateral investigations with Laos.
(B) The remains, artifacts, eyewitness accounts, archival
material, and other evidence associated with prisoners of war
and missing in action recovered from crash sites, military
actions, and other locations in Southeast Asia are being thoroughly analyzed by the appropriate laboratories with the intent
of providing surviving relatives with scientifically defensible,
legal determinations of death or other accountability that are
fully documented and available in unclassified and unredacted
form to immediate family members.
SEC. 610. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or expend
such funds: (1) that the United Nations undertaking is a peacekeeping mission; (2) that such undertaking will involve United States
Armed Forces under the command or operational control of a foreign
national; and (3) that the President’s military advisors have not
submitted to the President a recommendation that such involvement
is in the national security interests of the United States and the
President has not submitted to the Congress such a recommendation.

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SEC. 611. None of the funds made available in this Act shall
be used to provide the following amenities or personal comforts
in the Federal prison system—
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC–17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or training
equipment for boxing, wrestling, judo, karate, or other martial
art, or any bodybuilding or weightlifting equipment of any
sort;
(4) possession of in-cell coffee pots, hot plates or heating
elements; or
(5) the use or possession of any electric or electronic musical
instrument.
SEC. 612. None of the funds made available in title II for
the National Oceanic and Atmospheric Administration (NOAA)
under the headings ‘‘Operations, Research, and Facilities’’ and
‘‘Procurement, Acquisition and Construction’’ may be used to implement sections 603, 604, and 605 of Public Law 102–567: Provided,
That NOAA may develop a modernization plan for its fisheries
research vessels that takes fully into account opportunities for
contracting for fisheries surveys.
SEC. 613. Any costs incurred by a department or agency funded
under this Act resulting from personnel actions taken in response
to funding reductions included in this Act shall be absorbed within
the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere
in this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that
section.
SEC. 614. None of the funds made available in this Act to
the Federal Bureau of Prisons may be used to distribute or make
available any commercially published information or material to
a prisoner when it is made known to the Federal official having
authority to obligate or expend such funds that such information
or material is sexually explicit or features nudity.
SEC. 615. Of the funds appropriated in this Act under the
heading ‘‘Office of Justice Programs—State and Local Law Enforcement Assistance’’, not more than 90 percent of the amount to
be awarded to an entity under the Local Law Enforcement Block
Grant shall be made available to such an entity when it is made
known to the Federal official having authority to obligate or expend
such funds that the entity that employs a public safety officer
(as such term is defined in section 1204 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968) does not provide
such a public safety officer who retires or is separated from service
due to injury suffered as the direct and proximate result of a
personal injury sustained in the line of duty while responding
to an emergency situation or a hot pursuit (as such terms are
defined by State law) with the same or better level of health

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insurance benefits at the time of retirement or separation as they
received while on duty.
SEC. 616. (a) None of the funds appropriated or otherwise
made available in this Act shall be used to issue visas to any
person who—
(1) has been credibly alleged to have ordered, carried out,
or materially assisted in the extrajudicial and political killings
of Antoine Izmery, Guy Malary, Father Jean-Marie Vincent,
Pastor Antoine Leroy, Jacques Fleurival, Mireille Durocher
Bertin, Eugene Baillergeau, Michelange Hermann, Max
Mayard, Romulus Dumarsais, Claude Yves Marie, Mario
Beaubrun, Leslie Grimar, Joseph Chilove, Michel Gonzalez,
and Jean-Hubert Feuille;
(2) has been included in the list presented to former President Jean-Bertrand Aristide by former National Security Council Advisor Anthony Lake in December 1995, and acted upon
by President Rene Preval;
(3) was sought for an interview by the Federal Bureau
of Investigation as part of its inquiry into the March 28, 1995,
murder of Mireille Durocher Bertin and Eugene Baillergeau,
Jr., and was credibly alleged to have ordered, carried out,
or materially assisted in those murders, per a June 28, 1995,
letter to the then Minister of Justice of the Government of
Haiti, Jean-Joseph Exume;
(4) was a member of the Haitian High Command during
the period 1991 through 1994, and has been credibly alleged
to have planned, ordered, or participated with members of
the Haitian Armed Forces in—
(A) the September 1991 coup against any person who
was a duly elected government official of Haiti (or a member of the family of such official), or
(B) the murders of thousands of Haitians during the
period 1991 through 1994; or
(5) has been credibly alleged to have been a member of
the paramilitary organization known as FRAPH who planned,
ordered, or participated in acts of violence against the Haitian
people.
(b) EXEMPTION.—Subsection (a) shall not apply if the Secretary
of State finds, on a case-by-case basis, that the entry into the
United States of a person who would otherwise be excluded under
this section is necessary for medical reasons or such person has
cooperated fully with the investigation of these political murders.
If the Secretary of State exempts any such person, the Secretary
shall notify the appropriate congressional committees in writing.
(c) REPORTING REQUIREMENT.—(1) The United States chief of
mission in Haiti shall provide the Secretary of State a list of
those who have been credibly alleged to have ordered or carried
out the extrajudicial and political killings mentioned in paragraph
(1) of subsection (a).
(2) The Secretary of State shall submit the list provided under
paragraph (1) to the appropriate congressional committees not later
than 3 months after the date of enactment of this Act.
(3) The Secretary of State shall submit to the appropriate
congressional committees a list of aliens denied visas, and the
Attorney General shall submit to the appropriate congressional
committees a list of aliens refused entry to the United States
as a result of this provision.

112 STAT. 2681–115

PUBLIC LAW 105–277—OCT. 21, 1998

(4) The Secretary of State shall submit a report under this
subsection not later than 6 months after the date of enactment
of this Act and not later than March 1 of each year thereafter
as long as the Government of Haiti has not completed the investigation of the extrajudicial and political killings and has not prosecuted
those implicated for the killings specified in paragraph (1) of subsection (a).
(d) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means the Committee on International Relations
and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee
on Appropriations of the Senate.
SEC. 617. (a) None of the funds made available in this Act
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 or of more than 750 gross registered tons,
and that has an engine or engines capable of producing a total
of more than 3,000 shaft horsepower—
(1) 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.);
or
(2) that would allow such a vessel to engage in the catching,
taking, or harvesting of fish in any other fishery within the
exclusive economic zone of the United States (except territories),
unless a certificate of documentation had been issued for the
vessel and endorsed with a fishery endorsement that was effective on September 25, 1997, and such fishery endorsement
was not surrendered at any time thereafter.
(b) Any fishing permit or authorization issued or renewed prior
to the date of the enactment of this Act for a fishing vessel to
which the prohibition in subsection (a)(1) applies that would allow
such vessel to engage in fishing for Atlantic mackerel or herring
(or both) during fiscal year 1999 shall be null and void, and none
of the funds made available in this Act may be used to issue
a fishing permit or authorization that would allow a vessel whose
permit or authorization was made null and void pursuant to this
subsection to engage in the catching, taking, or harvesting of fish
in any other fishery within the exclusive economic zone of the
United States.
SEC. 618. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country
of restrictions on the marketing of tobacco or tobacco products,
except for restrictions which are not applied equally to all tobacco
or tobacco products of the same type.
SEC. 619. None of the funds made available in this Act may
be used to pay the expenses of an election officer appointed by
a court to oversee an election of any officer or trustee for the
International Brotherhood of Teamsters.
SEC. 620. Section 1303 of the International Security and
Development Corporation Act of 1985 (16 U.S.C. 469j) is amended
in subsection (e), by striking ‘‘three’’ and inserting ‘‘six’’.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–116

SEC. 621. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for (1) the
implementation of any tax or fee in connection with the implementation of 18 U.S.C. 922(t); (2) any system to implement 18 U.S.C.
922(t) that does not require and result in the destruction of any
identifying information submitted by or on behalf of any person
who has been determined not to be prohibited from owning a
firearm.
SEC. 622. Not later than 60 days after the date of enactment
of this Act, the United States Trade Representative (in this section
referred to as the ‘‘Trade Representative’’) shall report to Congress
on the Trade Representative’s analysis regarding—
(1) whether the Korean Government provided subsidies
to Hanbo Steel;
(2) whether such subsidies had an adverse effect on United
States companies;
(3) the status of the Trade Representative’s contacts with
the Korean Government with respect to industry concerns
regarding Hanbo Steel and efforts to eliminate subsidies; and
(4) the status of the Trade Representative’s contacts with
other Asian trading partners regarding the adverse effect of
Korean steel subsidies on such trading partners.
(b) The report described in subsection (a) shall also include
information on the status of any investigations initiated as a result
of press reports that the Korean Government ordered Pohang Iron
and Steel Company, in which the Government owns a controlling
interest, to sell steel in Korea at a price that is 30 percent lower
than the international market prices.
SEC. 623. None of the funds made available in this or any
other Act may be used to implement, administer, or enforce Executive Order No. 13083 (titled ‘‘Federalism’’ and dated May 14, 1998).
SEC. 624. (a) Section 118 of title 28, United States Code, is
amended—
(1) in subsection (a) by striking ‘‘Philadelphia, and Schuylkill’’ and inserting ‘‘and Philadelphia’’; and
(2) in subsection (b) by inserting ‘‘Schuylkill,’’ after ‘‘Potter,’’.
(b)(1) This section and the amendments made by this section
shall take effect 180 days after the date of the enactment of this
Act.
(2) This section and the amendments made by this section
shall not affect any action commenced before the effective date
of this section and pending on such date in the United States
District Court for the Eastern District of Pennsylvania.
(3) This section and the amendments made by this section
shall not affect the composition, or preclude the service, of any
grand or petit jury summoned, impaneled, or actually serving on
the effective date of this section.
SEC. 625. Beginning 60 days from the date of enactment of
this Act, none of the funds appropriated or otherwise made available
by this Act may be made available for the participation by delegates
of the United States to the Standing Consultative Commission
unless the President certifies and so reports to the Committees
on Appropriations that the United States Government is not
implementing the Memorandum of Understanding Relating to the
Treaty Between the United States of America and the Union of
Soviet Socialist Republics on the limitation of Anti-Ballistic Missile

Effective date.
28 USC 118 note.

112 STAT. 2681–117

PUBLIC LAW 105–277—OCT. 21, 1998

Systems of May 26, 1972, entered into in New York on September
26, 1997, by the United States, Russia, Kazakhstan, Belarus, and
Ukraine, or until the Senate provides its advice and consent to
the Memorandum of Understanding.
TIME LIMITATION ON FUNDING

SEC. 626. (a) Notwithstanding any other provisions of this
Act, appropriations and funds made available and authority granted
pursuant to this Act (the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act,
1999) shall cease to be available after June 15, 1999.
(b) Appropriations and funds made available by or authority
granted pursuant to the Act referenced in subsection (a) shall
be apportioned under section 1513 of title 31, United States Code,
in the manner established for funds provided by a joint resolution
making continuing appropriations.
(c) Appropriations made and authority granted pursuant to
the Act referenced in subsection (a) shall cover all obligations or
expenditures incurred for any program, project or activity during
the period for which funds or authority for such project or activity
are available under such Act.
(d) Expenditures made during the period for which funds or
authority are available under such Act shall be charged to the
full-year amount provided for the applicable appropriation, fund,
or authorization.
TITLE VII—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)

Of the unobligated balances available under this heading on
September 30, 1998, $99,000,000 are rescinded.
LEGAL ACTIVITIES
ASSET FORFEITURE FUND
(RESCISSION)

Of the unobligated balances available under this heading,
$2,000,000 are rescinded.
FEDERAL BUREAU OF INVESTIGATION
(RESCISSIONS)

Of the funds provided in previous Acts, the following funds
are hereby rescinded from the following accounts in the specified
amounts:
‘‘Construction, 1998’’, $4,000,000;
‘‘Salaries and Expenses, no year’’, $6,400,000;
‘‘Violent Crime Reduction Program, 1996’’, $2,000,000; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–118

‘‘Violent Crime Reduction Program, 1997’’, $300,000.
IMMIGRATION AND NATURALIZATION SERVICE
IMMIGRATION EMERGENCY FUND
(RESCISSION)

Of the unobligated balances available under this heading,
$5,000,000 are rescinded.
DEPARTMENT OF COMMERCE
(RESCISSIONS)

Of the funds provided in previous Acts, the following funds
are hereby rescinded from the following accounts in the specified
amounts:
‘‘United States Travel and Tourism Administration, no
year’’, $915,000; and
‘‘Endowment for Children’s Educational TV, no year’’,
$1,175,000.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
INDUSTRIAL TECHNOLOGY SERVICES
(RESCISSION)

Of the unobligated balances available under this heading for
the Advanced Technology Program, $6,000,000 are rescinded.
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
SHIP CONSTRUCTION
(RESCISSION)

Of the unobligated balances available under this heading,
$17,000,000 are rescinded.
TITLE VIII
SEC. 801. ETHICAL STANDARDS FOR FEDERAL PROSECUTORS.

(a) IN GENERAL.—Chapter 31 of title 28, United States Code,
is amended by adding at the end the following:
‘‘§ 530B. Ethical standards for attorneys for the Government
‘‘(a) An attorney for the Government shall be subject to State
laws and rules, and local Federal court rules, governing attorneys
in each State where such attorney engages in that attorney’s duties,
to the same extent and in the same manner as other attorneys
in that State.
‘‘(b) The Attorney General shall make and amend rules of
the Department of Justice to assure compliance with this section.
‘‘(c) As used in this section, the term ‘attorney for the Government’ includes any attorney described in section 77.2(a) of part

112 STAT. 2681–119

PUBLIC LAW 105–277—OCT. 21, 1998

77 of title 28 of the Code of Federal Regulations and also includes
any independent counsel, or employee of such a counsel, appointed
under chapter 40.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 31 of title 28, United States Code, is amended
by adding at the end the following new item:
‘‘530B.
28 USC 530B
note.

National Whale
Conservation
Fund Act of 1998.
16 USC 3701
note.
16 USC 3703
note.

Ethical standards for attorneys for the Government.’’.

(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect 180 days after the date of the enactment of this
Act and shall apply during that portion of fiscal year 1999 that
follows that taking effect, and in each succeeding fiscal year.
TITLE IX NATIONAL WHALE CONSERVATION FUND ACT
SEC. 901. SHORT TITLE. This title may be cited as the ‘‘National
Whale Conservation Fund Act of 1998’’.
SEC. 902. FINDINGS. Congress finds that—
(1) the populations of whales that occur in waters of the
United States are resources of substantial ecological, scientific,
socioeconomic, and esthetic value;
(2) whale populations—
(A) form a significant component of marine ecosystems;
(B) are the subject of intense research;
(C) provide for a multimillion dollar whale watching
tourist industry that provides the public an opportunity
to enjoy and learn about great whales and the ecosystems
of which the whales are a part; and
(D) are of importance to Native Americans for cultural
and subsistence purposes;
(3) whale populations are in various stages of recovery,
and some whale populations, such as the northern right whale
(Eubaleana glacialis) remain perilously close to extinction;
(4) the interactions that occur between ship traffic, commercial fishing, whale watching vessels, and other recreational
vessels and whale populations may affect whale populations
adversely;
(5) the exploration and development of oil, gas, and hard
mineral resources, marine debris, chemical pollutants, noise,
and other anthropogenic sources of change in the habitat of
whales may affect whale populations adversely;
(6) the conservation of whale populations is subject to difficult challenges related to—
(A) the migration of whale populations across international boundaries;
(B) the size of individual whales, as that size precludes
certain conservation research procedures that may be used
for other animal species, such as captive research and
breeding;
(C) the low reproductive rates of whales that require
long-term conservation programs to ensure recovery of
whale populations; and
(D) the occurrence of whale populations in offshore
waters where undertaking research, monitoring, and conservation measures is difficult and costly;
(7)(A) the Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–120

has research and regulatory responsibility for the conservation
of whales under the Marine Mammal Protection Act of 1972
(16 U.S.C. 1361 et seq.); and
(B) the heads of other Federal agencies and the Marine
Mammal Commission established under section 201 of the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1401) have
related research and management activities under the Marine
Mammal Protection Act of 1972 or the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.);
(8) the funding available for the activities described in
paragraph (8) is insufficient to support all necessary whale
conservation and recovery activities; and
(9) there is a need to facilitate the use of funds from
non-Federal sources to carry out the conservation of whales.
SEC. 903. NATIONAL WHALE CONSERVATION FUND. Section 4
of the National Fish and Wildlife Establishment Act (16 U.S.C.
3703) is amended by adding at the end the following:
‘‘(f)(1) In carrying out the purposes under section 2(b), the
Foundation may establish a national whale conservation endowment
fund, to be used by the Foundation to support research, management activities, or educational programs that contribute to the
protection, conservation, or recovery of whale populations in waters
of the United States.
‘‘(2)(A) In a manner consistent with subsection (c)(1), the
Foundation may—
‘‘(i) accept, receive, solicit, hold, administer, and use any
gift, devise, or bequest made to the Foundation for the express
purpose of supporting whale conservation; and
‘‘(ii) deposit in the endowment fund under paragraph (1)
any funds made available to the Foundation under this
subparagraph, including any income or interest earned from
a gift, devise, or bequest received by the Foundation under
this subparagraph.
‘‘(B) To raise funds to be deposited in the endowment fund
under paragraph (1), the Foundation may enter into appropriate
arrangements to provide for the design, copyright, production,
marketing, or licensing, of logos, seals, decals, stamps, or any other
item that the Foundation determines to be appropriate.
‘‘(C)(i) The Secretary of Commerce may transfer to the Foundation for deposit in the endowment fund under paragraph (1) any
amount (or portion thereof) received by the Secretary under section
105(a)(1) of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1375(a)(1)) as a civil penalty assessed by the Secretary under that
section.
‘‘(ii) The Directors of the Board shall ensure that any amounts
transferred to the Foundation under clause (i) for the endowment
fund under paragraph (1) are deposited in that fund in accordance
with this subparagraph.
‘‘(3) It is the intent of Congress that in making expenditures
from the endowment fund under paragraph (1) to carry out activities
specified in that paragraph, the Foundation should give priority
to funding projects that address the conservation of populations
of whales that the Foundation determines—
‘‘(A) are the most endangered (including the northern right
whale (Eubaleana glacialis)); or

112 STAT. 2681–121

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(B) most warrant, and are most likely to benefit from,
research management, or educational activities that may be
funded with amounts made available from the fund.
‘‘(g) In carrying out any action on the part of the Foundation
under subsection (f), the Directors of the Board shall consult with
the Administrator of the National Oceanic and Atmospheric
Administration and the Marine Mammal Commission.’’.
This Act may be cited as the ‘‘Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999’’.
(c) For programs, projects or activities in the District of Columbia Appropriations Act, 1999, provided as follows, to be effective
as if it had been enacted into law as the regular appropriations
Act:
District of
Columbia
Appropriations
Act, 1999.

AN ACT Making appropriations for the government of the District of Columbia and
other activities chargeable in whole or in part against revenues of said District
for the fiscal year ending September 30, 1999, and for other purposes.

FEDERAL FUNDS
METRORAIL IMPROVEMENTS AND EXPANSION
For a Federal contribution to the Washington Metropolitan
Area Transit Authority for improvements and expansion of the
Mount Vernon Square Metrorail station located at the site of the
proposed Washington Convention Center project, $25,000,000, to
remain available until expended.
FEDERAL PAYMENT FOR MANAGEMENT REFORM
For payment to the District of Columbia, $25,000,000, to remain
available until September 30, 1999, which shall be deposited into
an escrow account of the District of Columbia Financial Responsibility and Management Assistance Authority and shall be disbursed
from such escrow account by the Authority pursuant to the instructions of the Authority only for a program of management reform
pursuant to sections 11101–11106 of the District of Columbia
Management Reform Act of 1997, Public Law 105–33.
FEDERAL PAYMENT FOR BOYS TOWN U.S.A. OPERATIONS IN THE
DISTRICT OF COLUMBIA
For a Federal contribution of $7,100,000 to be paid to the
Board of Trustees of Boys Town U.S.A. for expansion of the operations of Boys Town of Washington, located at 4801 Sargent Road,
Northeast, said funds to be allocated as follows: $4,700,000 in
capital costs for the construction of one emergency short-term residential center and four long-term residential homes in the District
of Columbia; and $2,400,000 in first-year operating expenses for
said facilities: Provided, That said Board of Trustees shall provide
quarterly financial reports during fiscal year 1999 on the expenditure of said funds to the Committees on Appropriations of the
Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government
Reform and Oversight of the House of Representatives.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–122

NATION’S CAPITAL INFRASTRUCTURE FUND
For a Federal contribution to the District of Columbia towards
the costs of infrastructure needs, which shall be deposited into
an escrow account of the District of Columbia Financial Responsibility and Management Assistance Authority and disbursed by the
Authority from such account for the repair and maintenance of
public safety facilities in the District of Columbia, $18,778,000,
to remain available until expended.
ENVIRONMENTAL STUDY AND RELATED ACTIVITIES AT LORTON
CORRECTIONAL COMPLEX
For a Federal contribution for an environmental study and
related activities at the property on which the Lorton Correctional
Complex is located, to be transferred to the Federal agency with
authority over the Complex, $7,000,000, to remain available until
expended.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA CORRECTIONS
TRUSTEE OPERATIONS
For payment to the District of Columbia Corrections Trustee,
$184,800,000 for the administration and operation of correctional
facilities and for the administrative operating costs of the Office
of the Corrections Trustee, as authorized by section 11202 of the
National Capital Revitalization and Self-Government Improvement
Act of 1997, Public Law 105–33; of which $177,385,000 shall be
available for expenses incurred in connection with the housing,
in both private, District of Columbia and Federal facilities, of the
sentenced adult felon population of the District of Columbia;
$4,225,000 shall be available for personnel initiatives in the District
of Columbia Department of Corrections; $750,000 shall be available
for a system of internal controls and audits within the Department
of Corrections; and $2,440,000 shall be available for administrative
expenses: Provided, That, notwithstanding any other provision of
law, and consistent with regulations and guidance governing the
use of Federal funds by grantees, funds appropriated in this Act
for the District of Columbia Corrections Trustee shall be transferred
by the Secretary of the Treasury to said Trustee only as funds
are needed to pay properly incurred obligations.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
Notwithstanding any other provision of law, $128,000,000 for
payment to the Joint Committee on Judicial Administration in
the District of Columbia; of which not to exceed $121,000,000 shall
be for District of Columbia Courts operation, to be allocated as
follows: for the District of Columbia Court of Appeals, $7,839,000
and 96 full-time equivalent (FTE) positions; for the District of
Columbia Superior Court, $72,419,000 and 1,017 FTE’s; for the
District of Columbia court system, $40,742,000 and 120 FTE’s;
and $7,000,000 shall be for capital improvements for District of
Columbia courthouse facilities: Provided, That of amounts available
for District of Columbia Courts operation, not to exceed $6,900,000
shall be for the Counsel for Child Abuse and Neglect program
pursuant to section 1101 of title 11, D.C. Code, and section 2304
of title 16, D.C. Code, and of which not to exceed $25,036,000

112 STAT. 2681–123

PUBLIC LAW 105–277—OCT. 21, 1998

shall be to carry out sections 2602 and 2604 of title 11, D.C.
Code, relating to representation of indigents in criminal cases under
the Criminal Justice Act, in total, $31,936,000: Provided further,
That subject to normal reprogramming requirements contained in
section 116 of this Act, this $31,936,000 may be used for other
purposes under this heading: Provided further, That all amounts
under this heading shall be paid quarterly by the Treasury of
the United States based on quarterly apportionments approved
by the Office of Management and Budget, with payroll and financial
services to be provided on a contractual basis with the General
Services Administration [GSA], said services to include the preparation of monthly financial reports, copies of which shall be submitted
directly by GSA to the President and to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee
on Government Reform and Oversight of the House of Representatives.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA OFFENDER
SUPERVISION, DEFENDER, AND COURT SERVICES AGENCY
For payment to the District of Columbia Offender Supervision,
Defender, and Court Services Agency, $59,400,000, as authorized
by the National Capital Revitalization and Self-Government
Improvement Act of 1997, Public Law 105–33; of which $33,802,000
shall be for necessary expenses of Parole Revocation, Adult Probation and Offender Supervision, to include expenses relating to supervision of adults subject to protection orders or provision of services
for or related to such persons; $14,486,000 shall be available to
the Public Defender Service; and $11,112,000 shall be available
to the Pretrial Services Agency: Provided, That, notwithstanding
any other provision of law, and consistent with regulations and
guidance governing the use of Federal funds by grantees, funds
appropriated in this Act for the District of Columbia Offender
Trustee shall be transferred by the Secretary of the Treasury to
said Trustee only as funds are needed to pay properly incurred
obligations.
FEDERAL PAYMENT FOR METROPOLITAN POLICE DEPARTMENT
For payment to the Metropolitan Police Department,
$1,200,000, for the administration and operating costs of the Citizen
Complaint Review Office.
FEDERAL PAYMENT FOR FIRE DEPARTMENT
For payment to the Fire Department, $3,240,000, for a 5.5
percent pay increase to be effective and paid to firefighters beginning October 1, 1998.
FEDERAL PAYMENT TO THE GEORGETOWN WATERFRONT PARK FUND
For payment to the Georgetown Waterfront Park Fund,
$1,000,000 for the construction and landscaping of Georgetown
Waterfront Park, property described on the District of Columbia
Surveyor’s Plat Number S.O. 84–230: Provided, That the Georgetown Waterfront Park Fund provide an amount equal to one dollar

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–124

for every dollar expended, in cash or in kind, to carry out the
activities supported by the grant.
FEDERAL PAYMENT TO HISTORICAL SOCIETY FOR CITY MUSEUM
For a Federal payment to the Historical Society of Washington,
D.C., for the establishment and operation of a Museum of the
City of Washington, D.C. at the Carnegie Library at Mount Vernon
Square, $2,000,000, to remain available until expended, to be deposited in a separate account of the Society used exclusively for the
establishment and operation of such Museum: Provided, That the
Secretary of the Treasury shall make such payment in quarterly
installments, and the amount of the installment for a quarter
shall be equal to the amount of matching funds that the Society
has deposited into such account for the quarter (as certified by
the Inspector General of the District of Columbia): Provided further,
That notwithstanding any other provision of law, not later than
January 1, 1999, the District of Columbia shall enter into an
agreement with the Society under which the District of Columbia
shall lease the Carnegie Library at Mount Vernon Square to the
Society beginning on such date for 99 years at a rent of $1 per
year for use as a city museum.
FEDERAL PAYMENT FOR A NATIONAL MUSEUM OF AMERICAN MUSIC
AND FOR DOWNTOWN REVITALIZATION
For a Federal contribution to the District of Columbia to establish a National Museum of American Music and for downtown
revitalization, $700,000 which shall be deposited into an escrow
account held by the District of Columbia Financial Responsibility
and Management Assistance Authority, to remain available until
expended: Provided, That $300,000 shall be available from this
appropriation for the Federal City Council to conduct a needs and
design study for a National Museum of American Music: Provided
further, That $300,000 shall be available from this appropriation
for the Washington Center Alliance to further and promote the
objectives of the Interactive Downtown Task Force: Provided further, That $100,000 shall be paid to Save New York Avenue, Inc.,
for the further improvement of that portion of New York Avenue
designated as the Capital Gateway Corridor.
UNITED STATES PARK POLICE
For a Federal payment to the United States Park Police,
$8,500,000, to acquire, modify and operate a helicopter and to
make necessary capital expenditures to the Park Police aviation
unit base: Provided, That the Chief of the United States Park
Police shall provide quarterly financial reports during fiscal year
1999 on the expenditure of said funds to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee
on Government Reform and Oversight of the House of Representatives.
FEDERAL PAYMENT FOR WATERFRONT IMPROVEMENTS
For a Federal payment to the District of Columbia Department
of Housing and Community Development for a study in consultation

112 STAT. 2681–125

PUBLIC LAW 105–277—OCT. 21, 1998

with the United States Army Corps of Engineers of necessary
improvements to the Southwest Waterfront in the District of Columbia (including upgrading marina dock pilings and paving and restoring walkways in the marina and fish market areas) for the portions
of Federal property in the Southwest quadrant of the District of
Columbia within Lots 847 and 848, a portion of Lot 846, and
the unassessed Federal real property adjacent to Lot 848 in Square
473, and for carrying out the improvements recommended by the
study, $3,000,000: Provided, That no portion of such funds shall
be available to the District of Columbia unless the District of
Columbia executes a 30-year lease with the existing lessees, or
with their successors in interest, of such portions of property not
later than 30 days after the existing lessees or their successors
in interest have submitted to the District of Columbia acceptable
plans for improvements and private financing: Provided further,
That the District of Columbia shall report its progress on this
project on a quarterly basis to the Committees on Appropriations
of the House of Representatives and the Senate.
FEDERAL PAYMENT FOR MENTORING SERVICES
For a Federal payment to the International Youth Service
and Development Corps, Inc. for a mentoring program for at-risk
children in the District of Columbia, $200,000: Provided, That the
International Youth Service and Development Corps, Inc. shall
submit to the Committees on Appropriations of the House of Representatives and the Senate an annual report due November 30,
1999, on the activities carried out with such funds.
FEDERAL PAYMENT FOR HOTLINE SERVICES
For a Federal payment to the International Youth Service
and Development Corps, Inc. for the operation of a resource hotline
for low-income individuals in the District of Columbia, $50,000:
Provided, That the International Youth Service and Development
Corps, Inc. shall submit to the Committees on Appropriations of
the House of Representatives and the Senate an annual report
due November 30, 1999, on the activities carried out with such
funds.
FEDERAL PAYMENT FOR PUBLIC EDUCATION
For a Federal contribution to the public education system for
public charter schools, $15,622,000.
FEDERAL PAYMENT FOR MEDICARE COORDINATED CARE
DEMONSTRATION PROJECT IN THE DISTRICT OF COLUMBIA
For payment to the District of Columbia Financial Responsibility and Management Assistance Authority, $3,000,000 for the
continued funding of a Medicare Coordinated Care Demonstration
Project in the District of Columbia as specified in section
4016(b)(2)(C) of the Balanced Budget Act of 1997.
FEDERAL PAYMENT FOR CHILDREN’S NATIONAL MEDICAL CENTER
For a Federal contribution to the Children’s National Medical
Center in the District of Columbia, $1,000,000 for construction,

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112 STAT. 2681–126

renovation, and information technology infrastructure costs associated with establishing community pediatric health clinics for high
risk children in medically underserved areas of the District of
Columbia.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
DIVISION OF EXPENSES
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund of
the District of Columbia, except as otherwise specifically provided.
GOVERNMENTAL DIRECTION AND SUPPORT
Governmental direction and support, $164,144,000 (including
$136,485,000 from local funds, $13,955,000 from Federal funds,
and $13,704,000 from other funds): Provided, That not to exceed
$2,500 for the Mayor, $2,500 for the Chairman of the Council
of the District of Columbia, and $2,500 for the Chief Management
Officer shall be available from this appropriation for official purposes: Provided further, That any program fees collected from the
issuance of debt shall be available for the payment of expenses
of the debt management program of the District of Columbia: Provided further, That no revenues from Federal sources shall be
used to support the operations or activities of the Statehood
Commission and Statehood Compact Commission: Provided further,
That the District of Columbia shall identify the sources of funding
for Admission to Statehood from its own locally-generated revenues:
Provided further, That all employees permanently assigned to work
in the Office of the Mayor shall be paid from funds allocated
to the Office of the Mayor.
ECONOMIC DEVELOPMENT AND REGULATION
Economic development and regulation, $159,039,000 (including
$45,162,000 from local funds, $83,365,000 from Federal funds, and
$30,512,000 from other funds), of which $12,000,000 collected by
the District of Columbia in the form of BID tax revenue shall
be paid to the respective BIDs pursuant to the Business Improvement Districts Act of 1996 (D.C. Law 11–134; D.C. Code, sec.
1–2271 et seq.), and the Business Improvement Districts Temporary
Amendment Act of 1997 (D.C. Law 12–23): Provided, That such
funds are available for acquiring services provided by the General
Services Administration: Provided further, That Business Improvement Districts shall be exempt from taxes levied by the District
of Columbia.
PUBLIC SAFETY AND JUSTICE
Public safety and justice, including purchase or lease of 135
passenger-carrying vehicles for replacement only, including 130 for
police-type use and five for fire-type use, without regard to the
general purchase price limitation for the current fiscal year,
$755,786,000 (including $530,945,000 from local funds, $30,327,000
from Federal funds, and $194,514,000 from other funds): Provided,

112 STAT. 2681–127

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That the Metropolitan Police Department is authorized to replace
not to exceed 25 passenger-carrying vehicles and the Department
of Fire and Emergency Medical Services of the District of Columbia
is authorized to replace not to exceed five passenger-carrying
vehicles annually whenever the cost of repair to any damaged
vehicle exceeds three-fourths of the cost of the replacement: Provided further, That not to exceed $500,000 shall be available from
this appropriation for the Chief of Police for the prevention and
detection of crime: Provided further, That the Metropolitan Police
Department shall provide quarterly reports to the Committees on
Appropriations of the House and Senate on efforts to increase
efficiency and improve the professionalism in the department: Provided further, That notwithstanding any other provision of law,
or Mayor’s Order 86–45, issued March 18, 1986, the Metropolitan
Police Department’s delegated small purchase authority shall be
$500,000: Provided further, That the District of Columbia government may not require the Metropolitan Police Department to submit
to any other procurement review process, or to obtain the approval
of or be restricted in any manner by any official or employee
of the District of Columbia government, for purchases that do
not exceed $500,000: Provided further, That the Mayor shall reimburse the District of Columbia National Guard for expenses incurred
in connection with services that are performed in emergencies by
the National Guard in a militia status and are requested by the
Mayor, in amounts that shall be jointly determined and certified
as due and payable for these services by the Mayor and the Commanding General of the District of Columbia National Guard: Provided further, That such sums as may be necessary for reimbursement to the District of Columbia National Guard under the preceding proviso shall be available from this appropriation, and the
availability of the sums shall be deemed as constituting payment
in advance for emergency services involved: Provided further, That
the Metropolitan Police Department is authorized to maintain 3,800
sworn officers, with leave for a 50 officer attrition: Provided further,
That no more than 15 members of the Metropolitan Police Department shall be detailed or assigned to the Executive Protection
Unit, until the Chief of Police submits a recommendation to the
Council for its review: Provided further, That $100,000 shall be
available for inmates released on medical and geriatric parole:
Provided further, That commencing on December 31, 1998, the
Metropolitan Police Department shall provide to the Committees
on Appropriations of the Senate and House of Representatives,
the Committee on Governmental Affairs of the Senate, and the
Committee on Government Reform and Oversight of the House
of Representatives, quarterly reports on the status of crime reduction in each of the 83 police service areas established throughout
the District of Columbia: Provided further, That funds appropriated
for expenses under the District of Columbia Criminal Justice Act,
approved September 3, 1974 (88 Stat. 1090; Public Law 93–412;
D.C. Code, sec. 11–2601 et seq.), for the fiscal year ending September 30, 1999, shall be available for obligations incurred under
the Act in each fiscal year since inception in the fiscal year 1975:
Provided further, That funds appropriated for expenses under the
District of Columbia Neglect Representation Equity Act of 1984,
effective March 13, 1985 (D.C. Law 5–129; D.C. Code, sec. 16–
2304), for the fiscal year ending September 30, 1999, shall be
available for obligations incurred under the Act in each fiscal year

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–128

since inception in the fiscal year 1985: Provided further, That funds
appropriated for expenses under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act
of 1986, effective February 27, 1987 (D.C. Law 6–204; D.C. Code,
sec. 21–2060), for the fiscal year ending September 30, 1999, shall
be available for obligations incurred under the Act in each fiscal
year since inception in fiscal year 1989.
PUBLIC EDUCATION SYSTEM
Public education system, including the development of national
defense education programs, $788,956,000 (including $640,135,000
from local funds, $125,869,000 from Federal funds, and $22,952,000
from other funds), to be allocated as follows: $644,805,000 (including
$545,000,000 from local funds, $95,121,000 from Federal funds,
and $4,684,000 from other funds), for the public schools of the
District of Columbia; $18,600,000 from local funds for the District
of Columbia Teachers’ Retirement Fund; $27,857,000 (including
$12,235,000 from local funds and $15,622,000 from Federal funds
not including funds already made available for District of Columbia
public schools) for public charter schools: Provided, That if the
entirety of this allocation has not been provided as payments to
any public charter schools currently in operation through the per
pupil funding formula, the funds shall be available for new public
charter schools on a per pupil basis: Provided further, That $480,000
of this amount shall be available to the District of Columbia Public
Charter School Board for administrative costs: Provided further,
That the Emergency Transitional Education Board of Trustees shall
report to Congress not later than February 1, 1999, on the implementation of their policy to give preference to newly created District
of Columbia public charter schools for surplus public school property; $72,088,000 (including $40,148,000 from local funds,
$14,079,000 from Federal funds, and $17,861,000 from other funds)
for the University of the District of Columbia; $23,419,000 (including $22,326,000 from local funds, $686,000 from Federal funds,
and $407,000 from other funds) for the Public Library; $2,187,000
(including $1,826,000 from local funds and $361,000 from Federal
funds) for the Commission on the Arts and Humanities: Provided
further, That the public schools of the District of Columbia are
authorized to accept not to exceed 31 motor vehicles for exclusive
use in the driver education program: Provided further, That not
to exceed $2,500 for the Superintendent of Schools, $2,500 for
the President of the University of the District of Columbia, and
$2,000 for the Public Librarian shall be available from this appropriation for official purposes: Provided further, That $244,078 shall
be used to reimburse the National Capital Area Council of the
Boy Scouts of America for services provided on behalf of 12,600
students at 39 public schools in the District of Columbia during
fiscal year 1998 (including staff, curriculum, and support materials):
Provided further, That the Inspector General of the District of
Columbia shall certify not later than 30 days after the date of
the enactment of this Act whether or not the services were so
provided: Provided further, That the reimbursement shall be made
not later than 15 days after the Inspector General certifies that
the services were provided: Provided further, That none of the
funds contained in this Act may be made available to pay the
salaries of any District of Columbia Public School teacher, principal,

112 STAT. 2681–129

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administrator, official, or employee who knowingly provides false
enrollment or attendance information under article II, section 5
of the Act entitled ‘‘An Act to provide for compulsory school attendance, for the taking of a school census in the District of Columbia,
and for other purposes’’, approved February 4, 1925 (D.C. Code,
sec. 31–401 et seq.): Provided further, That this appropriation shall
not be available to subsidize the education of any nonresident
of the District of Columbia at any District of Columbia public
elementary or secondary school during fiscal year 1999 unless the
nonresident pays tuition to the District of Columbia at a rate
that covers 100 percent of the costs incurred by the District of
Columbia which are attributable to the education of the nonresident
(as established by the Superintendent of the District of Columbia
Public Schools): Provided further, That this appropriation shall
not be available to subsidize the education of nonresidents of the
District of Columbia at the University of the District of Columbia,
unless the Board of Trustees of the University of the District
of Columbia adopts, for the fiscal year ending September 30, 1999,
a tuition rate schedule that will establish the tuition rate for
nonresident students at a level no lower than the nonresident
tuition rate charged at comparable public institutions of higher
education in the metropolitan area.
HUMAN SUPPORT SERVICES
Human
support
services,
$1,514,751,000
(including
$614,679,000 from local funds, $886,682,000 from Federal funds,
and $13,390,000 from other funds): Provided, That $21,089,000
of this appropriation, to remain available until expended, shall
be available solely for District of Columbia employees’ disability
compensation: Provided further, That a peer review committee shall
be established to review medical payments and the type of service
received by a disability compensation claimant: Provided further,
That the District of Columbia shall not provide free government
services such as water, sewer, solid waste disposal or collection,
utilities, maintenance, repairs, or similar services to any legally
constituted private nonprofit organization, as defined in section
411(5) of the Stewart B. McKinney Homeless Assistance Act (101
Stat. 485; Public Law 100–77; 42 U.S.C. 11371), providing emergency shelter services in the District, if the District would not
be qualified to receive reimbursement pursuant to such Act (101
Stat. 485; Public Law 100–77; 42 U.S.C. 11301 et seq.).
PUBLIC WORKS
Public works, including rental of one passenger-carrying vehicle
for use by the Mayor and three passenger-carrying vehicles for
use by the Council of the District of Columbia and leasing of
passenger-carrying vehicles, $266,912,000 (including $257,242,000
from local funds, $3,216,000 from Federal funds, and $6,454,000
from other funds): Provided, That this appropriation shall not be
available for collecting ashes or miscellaneous refuse from hotels
and places of business.
WASHINGTON CONVENTION CENTER FUND TRANSFER PAYMENT
For payment to the Washington Convention Center Enterprise
Fund, $5,400,000 from local funds.

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112 STAT. 2681–130

REPAYMENT OF LOANS AND INTEREST
For reimbursement to the United States of funds loaned in
compliance with the Act entitled ‘‘An Act to provide for the
establishment of a modern, adequate, and efficient hospital center
in the District of Columbia’’, approved August 7, 1946 (60 Stat.
896; Public Law 79–648); section 1 of the Act entitled ‘‘An Act
to authorize the Commissioners of the District of Columbia to
borrow funds for capital improvement programs and to amend
provisions of law relating to Federal Government participation in
meeting costs of maintaining the Nation’s Capital City’’, approved
June 6, 1958 (72 Stat. 183; Public Law 85–451; D.C. Code, sec.
9–219); section 4 of the Act entitled ‘‘An Act to authorize the
Commissioners of the District of Columbia to plan, construct, operate, and maintain a sanitary sewer to connect the Dulles International Airport with the District of Columbia system’’, approved
June 12, 1960 (74 Stat. 211; Public Law 86–515); sections 723
and 743(f) of the District of Columbia Home Rule Act, approved
December 24, 1973, as amended (87 Stat. 821; Public Law 93–
198; D.C. Code, sec. 47–321, note; 91 Stat. 1156; Public Law 95–
131; D.C. Code, sec. 9–219, note), including interest as required
thereby, $382,170,000 from local funds.
REPAYMENT OF GENERAL FUND RECOVERY DEBT
For the purpose of eliminating the $331,589,000 general fund
accumulated deficit as of September 30, 1990, $38,453,000 from
local funds, as authorized by section 461(a) of the District of Columbia Home Rule Act, approved December 24, 1973, as amended
(105 Stat. 540; Public Law 102–106; D.C. Code, sec. 47–321(a)(1)).
PAYMENT OF INTEREST ON SHORT-TERM BORROWING
For payment of interest on short-term borrowing, $11,000,000
from local funds.
CERTIFICATES OF PARTICIPATION
For lease payments in accordance with the Certificates of
Participation involving the land site underlying the building located
at One Judiciary Square, $7,926,000 from local funds.
HUMAN RESOURCES DEVELOPMENT
For human resources development, including costs of increased
employee training, administrative reforms, and an executive compensation system, $6,674,000 from local funds.
PRODUCTIVITY SAVINGS
The Chief Financial Officer of the District of Columbia shall,
under the direction of the District of Columbia Financial Responsibility and Management Assistance Authority, make reductions
of $10,000,000 in local funds to one or more of the appropriation
headings in this Act for productivity savings.

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PUBLIC LAW 105–277—OCT. 21, 1998
RECEIVERSHIP PROGRAMS

For all agencies of the District of Columbia government under
court ordered receivership, $318,979,000 (including $189,154,000
from local funds, $96,691,000 from Federal funds, and $33,134,000
from other funds): Provided, That, of the sums made available
to the Commission on Mental Health Services, $5,000,000 shall
be available to a 501(c)(3) nonprofit organization formed in 1991
and located in the District of Columbia to finance capital improvements to community-based housing facilities dedicated for use only
by seriously and chronically mentally ill individuals in the District
of Columbia.
DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND
MANAGEMENT ASSISTANCE AUTHORITY
For the District of Columbia Financial Responsibility and
Management Assistance Authority, established by section 101(a)
of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat.
97; Public Law 104–8), $7,840,000: Provided, That none of the
funds contained in this Act may be used to pay any compensation
of the Executive Director or General Counsel of the Authority
at a rate in excess of the maximum rate of compensation which
may be paid to such individual during fiscal year 1999 under
section 102 of such Act, as determined by the Comptroller General
(as described in GAO letter report B–279095.2).
ENTERPRISE FUNDS
WATER AND SEWER AUTHORITY AND THE WASHINGTON AQUEDUCT
For the Water and Sewer Authority and the Washington Aqueduct, $273,314,000 from other funds (including $239,493,000 for
the Water and Sewer Authority and $33,821,000 for the Washington
Aqueduct) of which $39,933,000 shall be apportioned and payable
to the District’s debt service fund for repayment of loans and
interest incurred for capital improvement projects.
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND
For the Lottery and Charitable Games Enterprise Fund, established by the District of Columbia Appropriation Act for the fiscal
year ending September 30, 1982, approved December 4, 1981 (95
Stat. 1174, 1175; Public Law 97–91), as amended, for the purpose
of implementing the Law to Legalize Lotteries, Daily Numbers
Games, and Bingo and Raffles for Charitable Purposes in the District of Columbia, effective March 10, 1981 (D.C. Law 3–172; D.C.
Code, secs. 2–2501 et seq. and 22–1516 et seq.), $225,200,000:
Provided, That the District of Columbia shall identify the source
of funding for this appropriation title from the District’s own locallygenerated revenues: Provided further, That no revenues from Federal sources shall be used to support the operations or activities
of the Lottery and Charitable Games Control Board.

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112 STAT. 2681–132

CABLE TELEVISION ENTERPRISE FUND
For the Cable Television Enterprise Fund, established by the
Cable Television Communications Act of 1981, effective October
22, 1983 (D.C. Law 5–36; D.C. Code, sec. 43–1801 et seq.),
$2,108,000 from local funds.
PUBLIC SERVICE COMMISSION
For the Public Service Commission, $5,026,000 (including
$252,000 from Federal funds and $4,774,000 from other funds).
OFFICE OF THE PEOPLE’S COUNSEL
For the Office of the People’s Counsel, $2,501,000 from other
funds.
DEPARTMENT OF INSURANCE AND SECURITIES REGULATION
For the Department of Insurance and Securities Regulation,
$7,001,000 from other funds.
OFFICE OF BANKING AND FINANCIAL INSTITUTIONS
For the Office of Banking and Financial Institutions, $640,000
(including $390,000 from local funds and $250,000 from other
funds).
STARPLEX FUND
For the Starplex Fund, $8,751,000 from other funds for
expenses incurred by the Armory Board in the exercise of its powers
granted by the Act entitled ‘‘An Act To Establish A District of
Columbia Armory Board, and for other purposes’’, approved June
4, 1948 (62 Stat. 339; D.C. Code, sec. 2–301 et seq.) and the
District of Columbia Stadium Act of 1957, approved September
7, 1957 (71 Stat. 619; Public Law 85–300; D.C. Code, sec. 2–
321 et seq.): Provided, That the Mayor shall submit a budget
for the Armory Board for the forthcoming fiscal year as required
by section 442(b) of the District of Columbia Home Rule Act,
approved December 24, 1973 (87 Stat. 824; Public Law 93–198;
D.C. Code, sec. 47–301(b)).
D.C. GENERAL HOSPITAL
For the District of Columbia General Hospital, established by
Reorganization Order No. 57 of the Board of Commissioners, effective August 15, 1953, $113,599,000 of which $46,835,000 shall be
derived by transfer from the general fund and $66,764,000 shall
be derived from other funds.
D.C. RETIREMENT BOARD
For the D.C. Retirement Board, established by section 121
of the District of Columbia Retirement Reform Act of 1979, approved
November 17, 1979 (93 Stat. 866; D.C. Code, sec. 1–711),
$18,202,000 from the earnings of the applicable retirement funds
to pay legal, management, investment, and other fees and administrative expenses of the District of Columbia Retirement Board:

112 STAT. 2681–133

PUBLIC LAW 105–277—OCT. 21, 1998

Provided, That the District of Columbia Retirement Board shall
provide to the Congress and to the Council of the District of Columbia a quarterly report of the allocations of charges by fund and
of expenditures of all funds: Provided further, That the District
of Columbia Retirement Board shall provide the Mayor, for
transmittal to the Council of the District of Columbia, an itemized
accounting of the planned use of appropriated funds in time for
each annual budget submission and the actual use of such funds
in time for each annual audited financial report.
CORRECTIONAL INDUSTRIES FUND
For the Correctional Industries Fund, established by the District of Columbia Correctional Industries Establishment Act,
approved October 3, 1964 (78 Stat. 1000; Public Law 88–622),
$3,332,000 from other funds.
WASHINGTON CONVENTION CENTER ENTERPRISE FUND
For the Washington Convention Center Enterprise Fund,
$53,539,000, of which $5,400,000 shall be derived by transfer from
the general fund.
PERSONNEL
The government of the District of Columbia shall employ no
more than 32,900 FTE positions, exclusive of intra-District FTE
positions, during fiscal year 1999.
CAPITAL OUTLAY
(INCLUDING RESCISSIONS)

For construction projects, a net increase of $1,711,160,737
(including a rescission of $114,430,742 of which $24,437,811 is
from local funds and $89,992,931 is from highway trust funds
appropriated under this heading in prior fiscal years, and an additional $1,825,591,479 of which $718,234,161 is from local funds,
$24,452,538 is from the highway trust fund, and $1,082,904,780
is from Federal funds), to remain available until expended: Provided, That funds for use of each capital project implementing
agency shall be managed and controlled in accordance with all
procedures and limitations established under the Financial Management System: Provided further, That all funds provided by this
appropriation title shall be available only for the specific projects
and purposes intended: Provided further, That notwithstanding the
foregoing, all authorizations for capital outlay projects, except those
projects covered by the first sentence of section 23(a) of the FederalAid Highway Act of 1968, approved August 23, 1968 (82 Stat.
827; Public Law 90–495; D.C. Code, sec. 7–134, note), for which
funds are provided by this appropriation title, shall expire on September 30, 2000, except authorizations for projects for which funds
have been obligated in whole or in part prior to September 30,
2000: Provided further, That upon expiration of any such project
authorization the funds provided herein for the project shall lapse.

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112 STAT. 2681–134

GENERAL PROVISIONS
SEC. 101. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.
SEC. 102. Except as otherwise provided in this Act, all vouchers
covering expenditures of appropriations contained in this Act shall
be audited before payment by the designated certifying official,
and the vouchers as approved shall be paid by checks issued by
the designated disbursing official.
SEC. 103. Whenever in this Act, an amount is specified within
an appropriation for particular purposes or objects of expenditure,
such amount, unless otherwise specified, shall be considered as
the maximum amount that may be expended for said purpose
or object rather than an amount set apart exclusively therefor.
SEC. 104. Appropriations in this Act shall be available, when
authorized by the Mayor, for allowances for privately owned automobiles and motorcycles used for the performance of official duties
at rates established by the Mayor: Provided, That such rates shall
not exceed the maximum prevailing rates for such vehicles as
prescribed in the Federal Property Management Regulations 101–
7 (Federal Travel Regulations).
SEC. 105. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government,
when authorized by the Mayor: Provided, That, in the case of
the Council of the District of Columbia, funds may be expended
with the authorization of the chair of the Council.
SEC. 106. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of judgments that have been
entered against the District of Columbia government: Provided,
That nothing contained in this section shall be construed as modifying or affecting the provisions of section 11(c)(3) of title XII of
the District of Columbia Income and Franchise Tax Act of 1947,
approved March 31, 1956 (70 Stat. 78; Public Law 84–460; D.C.
Code, sec. 47–1812.11(c)(3)).
SEC. 107. Appropriations in this Act shall be available for
the payment of public assistance without reference to the requirement of section 544 of the District of Columbia Public Assistance
Act of 1982, effective April 6, 1982 (D.C. Law 4–101; D.C. Code,
sec. 3–205.44), and for payment of the non-Federal share of funds
necessary to qualify for grants under subtitle A of title II of the
Violent Crime Control and Law Enforcement Act of 1994.
SEC. 108. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 109. No funds appropriated in this Act for the District
of Columbia government for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit

112 STAT. 2681–135

PUBLIC LAW 105–277—OCT. 21, 1998

the availability of school buildings for the use of any community
or partisan political group during non-school hours.
SEC. 110. None of the funds appropriated in this Act shall
be made available to pay the salary of any employee of the District
of Columbia government whose name, title, grade, salary, past
work experience, and salary history are not available for inspection
by the House and Senate Committees on Appropriations, the Subcommittee on the District of Columbia of the House Committee
on Government Reform and Oversight, the Subcommittee on Oversight of Government Management, Restructuring and the District
of Columbia of the Senate Committee on Governmental Affairs,
and the Council of the District of Columbia, or their duly authorized
representative.
SEC. 111. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making payments authorized by the District of Columbia Revenue
Recovery Act of 1977, effective September 23, 1977 (D.C. Law
2–20; D.C. Code, sec. 47–421 et seq.).
SEC. 112. No part of this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before
Congress or any State legislature.
SEC. 113. At the start of the fiscal year, the Mayor shall
develop an annual plan, by quarter and by project, for capital
outlay borrowings: Provided, That within a reasonable time after
the close of each quarter, the Mayor shall report to the Council
of the District of Columbia and the Congress the actual borrowings
and spending progress compared with projections.
SEC. 114. The Mayor shall not borrow any funds for capital
projects unless the Mayor has obtained prior approval from the
Council of the District of Columbia, by resolution, identifying the
projects and amounts to be financed with such borrowings.
SEC. 115. The Mayor shall not expend any moneys borrowed
for capital projects for the operating expenses of the District of
Columbia government.
SEC. 116. None of the funds provided under this Act to the
agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in
fiscal year 1999, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure for an agency through a reprogramming of funds
which: (1) creates new programs; (2) eliminates a program, project,
or activity; (3) establishes or changes allocations specifically denied,
limited or increased by Congress in the Act; (4) increases funds
or personnel by any means for any project or activity for which
funds have been denied or restricted; (5) reestablishes through
reprogramming any program or project previously deferred through
reprogramming; (6) augments existing programs, projects, or activities through a reprogramming of funds in excess of $1,000,000
or 10 percent, whichever is less; or (7) increases by 20 percent
or more personnel assigned to a specific program, project or activity;
unless the Appropriations Committees of both the Senate and House
of Representatives are notified in writing thirty days in advance
of any reprogramming as set forth in this section.
SEC. 117. None of the Federal funds provided in this Act shall
be obligated or expended to provide a personal cook, chauffeur,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–136

or other personal servants to any officer or employee of the District
of Columbia.
SEC. 118. None of the Federal funds provided in this Act shall
be obligated or expended to procure passenger automobiles as
defined in the Automobile Fuel Efficiency Act of 1980, approved
October 10, 1980 (94 Stat. 1824; Public Law 96–425; 15 U.S.C.
2001(2)), with an Environmental Protection Agency estimated miles
per gallon average of less than 22 miles per gallon: Provided,
That this section shall not apply to security, emergency rescue,
or armored vehicles.
SEC. 119. (a) Notwithstanding section 422(7) of the District
of Columbia Home Rule Act, approved December 24, 1973 (87
Stat. 790; Public Law 93–198; D.C. Code, sec. 1–242(7)), the City
Administrator shall be paid, during any fiscal year, a salary at
a rate established by the Mayor, not to exceed the rate established
for Level IV of the Executive Schedule under 5 U.S.C. 5315.
(b) For purposes of applying any provision of law limiting
the availability of funds for payment of salary or pay in any fiscal
year, the highest rate of pay established by the Mayor under subsection (a) of this section for any position for any period during
the last quarter of calendar year 1998 shall be deemed to be
the rate of pay payable for that position for September 30, 1998.
(c) Notwithstanding section 4(a) of the District of Columbia
Redevelopment Act of 1945, approved August 2, 1946 (60 Stat.
793; Public Law 79–592; D.C. Code, sec. 5–803(a)), the Board of
Directors of the District of Columbia Redevelopment Land Agency
shall be paid, during any fiscal year, per diem compensation at
a rate established by the Mayor.
SEC. 120. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive
Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law
2–139; D.C. Code, sec. 1–601.1 et seq.), enacted pursuant to section
422(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; Public Law 93–198; D.C. Code, sec.
1–242(3)), shall apply with respect to the compensation of District
of Columbia employees: Provided, That for pay purposes, employees
of the District of Columbia government shall not be subject to
the provisions of title 5, United States Code.
SEC. 121. The Director of the Office of Property Management
may pay rentals and repair, alter, and improve rented premises,
without regard to the provisions of section 322 of the Economy
Act of 1932 (Public Law 72–212; 40 U.S.C. 278a), based upon
a determination by the Director, that by reason of circumstances
set forth in such determination, the payment of these rents and
the execution of this work, without reference to the limitations
of section 322, is advantageous to the District in terms of economy,
efficiency, and the District’s best interest.
SEC. 122. No later than 30 days after the end of the first
quarter of the fiscal year ending September 30, 1999, the Mayor
of the District of Columbia shall submit to the Council of the
District of Columbia the new fiscal year 1999 revenue estimates
as of the end of the first quarter of fiscal year 1999. These estimates
shall be used in the budget request for the fiscal year ending
September 30, 2000. The officially revised estimates at midyear
shall be used for the midyear report.
SEC. 123. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended

112 STAT. 2681–137

PUBLIC LAW 105–277—OCT. 21, 1998

without opening that contract to the competitive bidding process
as set forth in section 303 of the District of Columbia Procurement
Practices Act of 1985, effective February 21, 1986 (D.C. Law 6–
85; D.C. Code, sec. 1–1183.3), except that the District of Columbia
government or any agency thereof may renew or extend sole source
contracts for which competition is not feasible or practical: Provided,
That the determination as to whether to invoke the competitive
bidding process has been made in accordance with duly promulgated
rules and procedures and said determination has been reviewed
and approved by the District of Columbia Financial Responsibility
and Management Assistance Authority.
SEC. 124. For purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985, approved December 12, 1985 (99 Stat.
1037; Public Law 99–177), as amended, the term ‘‘program, project,
and activity’’ shall be synonymous with and refer specifically to
each account appropriating Federal funds in this Act, and any
sequestration order shall be applied to each of the accounts rather
than to the aggregate total of those accounts: Provided, That sequestration orders shall not be applied to any account that is specifically
exempted from sequestration by the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 125. In the event a sequestration order is issued pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985, approved December 12, 1985 (99 Stat. 1037: Public Law
99–177), as amended, after the amounts appropriated to the District
of Columbia for the fiscal year involved have been paid to the
District of Columbia, the Mayor of the District of Columbia shall
pay to the Secretary of the Treasury, within 15 days after receipt
of a request therefor from the Secretary of the Treasury, such
amounts as are sequestered by the order: Provided, That the sequestration percentage specified in the order shall be applied proportionately to each of the Federal appropriation accounts in this Act
that are not specifically exempted from sequestration by the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 126. (a) An entity of the District of Columbia government
may accept and use a gift or donation during fiscal year 1999
if—
(1) the Mayor approves the acceptance and use of the
gift or donation: Provided, That the Council of the District
of Columbia may accept and use gifts without prior approval
by the Mayor; and
(2) the entity uses the gift or donation to carry out its
authorized functions or duties.
(b) Each entity of the District of Columbia government shall
keep accurate and detailed records of the acceptance and use of
any gift or donation under subsection (a) of this section, and shall
make such records available for audit and public inspection.
(c) For the purposes of this section, the term ‘‘entity of the
District of Columbia government’’ includes an independent agency
of the District of Columbia.
(d) This section shall not apply to the District of Columbia
Board of Education, which may, pursuant to the laws and regulations of the District of Columbia, accept and use gifts to the public
schools without prior approval by the Mayor.
SEC. 127. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries, expenses,
or other costs associated with the offices of United States Senator

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–138

or United States Representative under section 4(d) of the District
of Columbia Statehood Constitutional Convention Initiatives of
1979, effective March 10, 1981 (D.C. Law 3–171; D.C. Code, sec.
1–113(d)).
SEC. 128. (a) The University of the District of Columbia shall
submit to the Mayor, the District of Columbia Financial Responsibility and Management Assistance Authority (hereafter in this section
referred to as ‘‘Authority’’), and the Council of the District of Columbia (hereafter in this section referred to as ‘‘Council’’) no later
than 15 calendar days after the end of each month a report that
sets forth—
(1) current month expenditures and obligations, year-todate expenditures and obligations, and total fiscal year expenditure projections versus budget, broken out on the basis of
control center, responsibility center, and object class, and for
all funds, non-appropriated funds, and capital financing;
(2) a list of each account for which spending is frozen
and the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the
budget to which the contract is charged, broken out on the
basis of control center and responsibility center, and contract
identifying codes used by the University of the District of
Columbia; payments made in the last month and year-to-date,
the total amount of the contract and total payments made
for the contract and any modifications, extensions, renewals;
and specific modifications made to each contract in the last
month;
(4) all reprogramming requests and reports that have been
made by the University of the District of Columbia within
the last month in compliance with applicable law; and
(5) changes made in the last month to the organizational
structure of the University of the District of Columbia, displaying previous and current control centers and responsibility centers, the names of the organizational entities that have been
changed, the name of the staff member supervising each entity
affected, and the reasons for the structural change.
(b) The Mayor, the Authority, and the Council shall provide
the Congress by February 1, 2000, a summary, analysis, and recommendations on the information provided in the monthly reports.
SEC. 129. Funds authorized or previously appropriated to the
government of the District of Columbia by this or any other Act
to procure the necessary hardware and installation of new software,
conversion, testing, and training to improve or replace its financial
management system are also available for the acquisition of
accounting and financial management services and the leasing of
necessary hardware, software or any other related goods or services,
as determined by the District of Columbia Financial Responsibility
and Management Assistance Authority.
SEC. 130. None of the funds contained in this Act may be
made available to pay the fees of an attorney who represents
a party who prevails in an action, including an administrative
proceeding, brought against the District of Columbia Public Schools
under the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) if—

112 STAT. 2681–139

Abortion.

PUBLIC LAW 105–277—OCT. 21, 1998

(1) the hourly rate of compensation of the attorney exceeds
the hourly rate of compensation under section 11–2604(a), District of Columbia Code; or
(2) the maximum amount of compensation of the attorney
exceeds the maximum amount of compensation under section
11–2604(b)(1), District of Columbia Code, except that compensation and reimbursement in excess of such maximum may be
approved for extended or complex representation in accordance
with section 11–2604(c), District of Columbia Code.
SEC. 131. None of the funds appropriated under this Act shall
be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
SEC. 132. U.S. ARMY CORPS OF ENGINEERS SERVICES TO DISTRICT OF COLUMBIA PUBLIC SCHOOLS. In using funds made available
under this Act or any other Act for the repair and improvement
of the District of Columbia’s public school facilities, any entity
of the District of Columbia government, including the District of
Columbia Financial Responsibility and Management Assistance
Authority, or its designee, may place orders for engineering and
construction and related services with the Chief of Engineers of
the U.S. Army Corps of Engineers. The Chief of Engineers may
accept such orders on a reimbursable basis and may provide any
part of such services by contract. In providing such services, the
Chief of Engineers shall follow the Federal Acquisition Regulations
and the implementing Department of Defense regulations. This
section shall apply to fiscal year 1999 and each fiscal year thereafter.
SEC. 133. None of the funds made available in this Act may
be used to implement or enforce the Health Care Benefits Expansion
Act of 1992 (D.C. Law 9–114; D.C. Code, sec. 36–1401 et seq.)
or to otherwise implement or enforce any system of registration
of unmarried, cohabiting couples (whether homosexual, heterosexual, or lesbian), including but not limited to registration for
the purpose of extending employment, health, or governmental
benefits to such couples on the same basis that such benefits are
extended to legally married couples.
SEC. 134. The Emergency Transitional Education Board of
Trustees shall submit to the Congress, the Mayor, the District
of Columbia Financial Responsibility and Management Assistance
Authority, and the Council of the District of Columbia no later
than 15 calendar days after the end of each month a report that
sets forth—
(1) current month expenditures and obligations, year-todate expenditures and obligations, and total fiscal year expenditure projections versus budget, broken out on the basis of
control center, responsibility center, agency reporting code, and
object class, and for all funds, including capital financing;
(2) a list of each account for which spending is frozen
and the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and agency reporting code,
and for all funding sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the
budget to which the contract is charged, broken out on the
basis of control center, responsibility center, and agency reporting code; and contract identifying codes used by the District

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–140

of Columbia Public Schools; payments made in the last month
and year-to-date, the total amount of the contract and total
payments made for the contract and any modifications, extensions, renewals; and specific modifications made to each contract in the last month;
(4) all reprogramming requests and reports that are
required to be, and have been, submitted to the Board of
Education; and
(5) changes made in the last month to the organizational
structure of the D.C. Public Schools, displaying previous and
current control centers and responsibility centers, the names
of the organizational entities that have been changed, the name
of the staff member supervising each entity affected, and the
reasons for the structural change.
SEC. 135. (a) IN GENERAL.—The Emergency Transitional Education Board of Trustees of the District of Columbia and the University of the District of Columbia shall annually compile an accurate
and verifiable report on the positions and employees in the public
school system and the university, respectively. The annual report
shall set forth—
(1) the number of validated schedule A positions in the
District of Columbia public schools and the University of the
District of Columbia for fiscal year 1998, fiscal year 1999,
and thereafter on full-time equivalent basis, including a compilation of all positions by control center, responsibility center,
funding source, position type, position title, pay plan, grade,
and annual salary; and
(2) a compilation of all employees in the District of Columbia public schools and the University of the District of Columbia
as of the preceding December 31, verified as to its accuracy
in accordance with the functions that each employee actually
performs, by control center, responsibility center, agency reporting code, program (including funding source), activity, location
for accounting purposes, job title, grade and classification,
annual salary, and position control number.
(b) SUBMISSION.—The annual report required by subsection (a)
of this section shall be submitted to the Congress, the Mayor,
the District of Columbia Council, the Consensus Commission, and
the Authority, not later than February 15 of each year.
SEC. 136. (a) No later than October 1, 1998, or within 30
calendar days after the date of the enactment of this Act, whichever
occurs later, and each succeeding year, the Superintendent of the
District of Columbia Public Schools and the University of the District of Columbia shall submit to the appropriate congressional
committees, the Mayor, the District of Columbia Council, the
Consensus Commission, and the District of Columbia Financial
Responsibility and Management Assistance Authority, a revised
appropriated funds operating budget for the public school system
and the University of the District of Columbia for such fiscal year
that is in the total amount of the approved appropriation and
that realigns budgeted data for personal services and other-thanpersonal services, respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the Superintendent of the District of Columbia Public Schools and the University
of the District of Columbia submit to the Mayor of the District

112 STAT. 2681–141

PUBLIC LAW 105–277—OCT. 21, 1998

of Columbia for inclusion in the Mayor’s budget submission to
the Council of the District of Columbia pursuant to section 442
of the District of Columbia Home Rule Act, Public Law 93–198,
as amended (D.C. Code, sec. 47–301).
SEC. 137. The Emergency Transitional Education Board of
Trustees, the Board of Trustees of the University of the District
of Columbia, the Board of Library Trustees, and the Board of
Governors of the University of the District of Columbia School
of Law shall vote on and approve their respective annual or revised
budgets before submission to the Mayor of the District of Columbia
for inclusion in the Mayor’s budget submission to the Council of
the District of Columbia in accordance with section 442 of the
District of Columbia Home Rule Act, Public Law 93–198, as amended (D.C. Code, sec. 47–301), or before submitting their respective
budgets directly to the Council.
SEC. 138. (a) CEILING ON TOTAL OPERATING EXPENSES.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 1999 under
the caption ‘‘Division of Expenses’’ shall not exceed the lesser
of—
(A) the sum of the total revenues of the District of
Columbia for such fiscal year; or
(B) $5,211,920,000 (of which $132,912,000 shall be from
intra-District funds and $2,865,763,000 shall be from local
funds), which amount may be increased by the following:
(i) proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or
capital needs approved by the District of Columbia
Financial Responsibility and Management Assistance
Authority; or
(ii) after notification to the Council, additional
expenditures which the Chief Financial Officer of the
District of Columbia certifies will produce additional
revenues during such fiscal year at least equal to 200
percent of such additional expenditures, and that are
approved by the Authority.
(2) ENFORCEMENT.—The Chief Financial Officer of the District of Columbia and the Authority shall take such steps as
are necessary to assure that the District of Columbia meets
the requirements of this section, including the apportioning
by the Chief Financial Officer of the appropriations and funds
made available to the District during fiscal year 1999, except
that the Chief Financial Officer may not reprogram for operating expenses any funds derived from bonds, notes, or other
obligations issued for capital projects.
(b) ACCEPTANCE AND USE OF GRANTS NOT INCLUDED IN CEILING.—
(1) IN GENERAL.—Notwithstanding subsection (a), the
Mayor, in consultation with the Chief Financial Officer, during
a control year, as defined in section 305(4) of the District
of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (Public Law 104–
8; 109 Stat. 152), may accept, obligate, and expend Federal,
private, and other grants received by the District government
that are not reflected in the amounts appropriated in this
Act.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–142

(2) REQUIREMENT OF CHIEF FINANCIAL OFFICER REPORT AND
AUTHORITY APPROVAL.—No such Federal, private, or other grant
may be accepted, obligated, or expended pursuant to paragraph
(1) until—
(A) the Chief Financial Officer of the District of Columbia submits to the Authority a report setting forth detailed
information regarding such grant; and
(B) the Authority has reviewed and approved the
acceptance, obligation, and expenditure of such grant in
accordance with review and approval procedures consistent
with the provisions of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995.
(3) PROHIBITION ON SPENDING IN ANTICIPATION OF APPROVAL
OR RECEIPT.—No amount may be obligated or expended from
the general fund or other funds of the District government
in anticipation of the approval or receipt of a grant under
paragraph (2)(B) of this subsection or in anticipation of the
approval or receipt of a Federal, private, or other grant not
subject to such paragraph.
(4) MONTHLY REPORTS.—The Chief Financial Officer of the
District of Columbia shall prepare a monthly report setting
forth detailed information regarding all Federal, private, and
other grants subject to this subsection. Each such report shall
be submitted to the Council of the District of Columbia, and
to the Committees on Appropriations of the House of Representatives and the Senate, not later than 15 days after the end
of the month covered by the report.
(c) REPORT ON EXPENDITURES BY FINANCIAL RESPONSIBILITY
AND MANAGEMENT ASSISTANCE AUTHORITY.—Not later than 20 calendar days after the end of each fiscal quarter starting October
1, 1998, the Authority shall submit a report to the Committees
on Appropriations of the House of Representatives and the Senate,
the Committee on Government Reform and Oversight of the House,
and the Committee on Governmental Affairs of the Senate providing
an itemized accounting of all non-appropriated funds obligated or
expended by the Authority for the quarter. The report shall include
information on the date, amount, purpose, and vendor name, and
a description of the services or goods provided with respect to
the expenditures of such funds.
(d) APPLICATION OF EXCESS REVENUES.—Local revenues collected in excess of amounts required to support appropriations
in this Act for operating expenses for the District of Columbia
for fiscal year 1999 under the caption ‘‘Division of Expenses’’ shall
be applied first to the elimination of the general fund accumulated
deficit; second to a reserve account not to exceed $250,000,000
to be used to finance seasonal cash needs (in lieu of short term
borrowings); third to accelerate repayment of cash borrowed from
the Water and Sewer Fund; and fourth to reduce the outstanding
long-term debt.
SEC. 139. UNIVERSITY OF THE DISTRICT OF COLUMBIA INVESTMENT AUTHORITY. Section 108(b) of the District of Columbia Public
Education Act (D.C. Code, sec. 31–1408) is amended by striking
the period at the end of the sentence and adding the phrase ‘‘,
except that the funds appropriated in this section also may be
invested in equity-based securities if approved by the Chief Financial Officer of the District of Columbia.’’.

112 STAT. 2681–143

PUBLIC LAW 105–277—OCT. 21, 1998

SEC. 140. If a department or agency of the government of
the District of Columbia is under the administration of a courtappointed receiver or other court-appointed official during fiscal
year 1999 or any succeeding fiscal year, the receiver or official
shall prepare and submit to the Mayor, for inclusion in the annual
budget of the District of Columbia for the year, annual estimates
of the expenditures and appropriations necessary for the maintenance and operation of the department or agency. All such estimates
shall be forwarded by the Mayor to the Council, for its action
pursuant to sections 446 and 603(c) of the District of Columbia
Home Rule Act, without revision but subject to the Mayor’s recommendations. Notwithstanding any provision of the District of
Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
790; Public Law 93–198; D.C. Code sec. 1–101 et seq.) the Council
may comment or make recommendations concerning such annual
estimates but shall have no authority under such Act to revise
such estimates.
SEC. 141. The District of Columbia Financial Responsibility
and Management Assistance Authority and the Superintendent of
the District of Columbia Public Schools are hereby directed to
report to the Appropriations Committees of the Senate and the
House of Representatives, the Committee on Governmental Affairs
of the Senate, and the Committee on Government Reform and
Oversight of the House of Representatives not later than April
1, 1999, on all measures necessary and steps to be taken to ensure
that the District’s Public Schools open on time to begin the 1999–
2000 academic year.
SEC. 142. (a) Notwithstanding any other provision of law, rule,
or regulation, an employee of the District of Columbia public schools
shall be—
(1) classified as an Educational Service employee;
(2) placed under the personnel authority of the Board of
Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete
with school-based personnel for retention purposes.
SEC. 143. (a) RESTRICTIONS ON USE OF OFFICIAL VEHICLES.—
(1) Except as otherwise provided in this section, none of the funds
made available by this Act or by any other Act may be used
to provide any officer or employee of the District of Columbia
with an official vehicle unless the officer or employee uses the
vehicle only in the performance of the officer’s or employee’s official
duties. For purposes of this paragraph, the term ‘‘official duties’’
does not include travel between the officer’s or employee’s residence
and workplace (except in the case of an officer or employee of
the Metropolitan Police Department who resides in the District
of Columbia or is otherwise designated by the Chief of the Department).
(2) Paragraph (1) shall not apply with respect to any vehicle
provided to the officer of the Metropolitan Police Department who
was wounded in the line of duty and who is referred to in the
letter of July 15, 1998, from the Chief of the Department to the
Chair of the Subcommittee on the District of Columbia of the
Committee on Appropriations of the House of Representatives. Notwithstanding any other provision of law, the Chief may donate
the vehicle to such officer as a gift on behalf of the District of

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–144

Columbia, and the donation shall not be subject to any Federal,
State, or local income or gift tax.
(3) The Chief Financial Officer of the District of Columbia
shall submit, by November 15, 1998, an inventory, as of September
30, 1998, of all vehicles owned, leased or operated by the District
of Columbia government. The inventory shall include, but not be
limited to, the department to which the vehicle is assigned; the
year and make of the vehicle; the acquisition date and cost; the
general condition of the vehicle; annual operating and maintenance
costs; current mileage; and whether the vehicle is allowed to be
taken home by a District officer or employee and if so, the officer
or employee’s title and resident location.
SEC. 144. (a) SOURCE OF PAYMENT FOR EMPLOYEES DETAILED
WITHIN GOVERNMENT.—For purposes of determining the amount
of funds expended by any entity within the District of Columbia
government during fiscal year 1999 and each succeeding fiscal
year, any expenditures of the District government attributable to
any officer or employee of the District government who provides
services which are within the authority and jurisdiction of the
entity (including any portion of the compensation paid to the officer
or employee attributable to the time spent in providing such services) shall be treated as expenditures made from the entity’s budget,
without regard to whether the officer or employee is assigned to
the entity or otherwise treated as an officer or employee of the
entity.
(b) MODIFICATION OF REDUCTION IN FORCE PROCEDURES.—The
District of Columbia Government Comprehensive Merit Personnel
Act of 1978 (D.C. Code, sec. 1–601.1 et seq.), as amended, is further
amended in section 2408(a) by deleting ‘‘1998’’ and inserting, ‘‘1999’’;
in subsection (b), by deleting ‘‘1998’’ and inserting, ‘‘1999’’; in subsection (i), by deleting ‘‘1998’’ and inserting, ‘‘1999’’; and in subsection (k), by deleting ‘‘1998’’ and inserting, ‘‘1999’’.
SEC. 145. ASSESSMENT AND PLACEMENT OF SPECIAL EDUCATION
STUDENTS. Notwithstanding any other provision of law, not later
than 120 days after the date that a District of Columbia Public
Schools [DCPS] student is referred for evaluation or assessment—
(1) the District of Columbia Board of Education (referred
to in this section as the ‘‘Board’’), or its successor and DCPS
shall assess or evaluate a student who may have a disability
and who may require special education services; and
(2) if a student is classified as having a disability, as
defined in section 101(a)(1) of the Individuals with Disabilities
Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1)) or in section
7(8) of the Rehabilitation Act of 1973 (87 Stat. 359; 29 U.S.C.
706(8)), the Board and DCPS shall place that student in an
appropriate program of special education services.
SEC. 146. (a) COMPLIANCE WITH BUY AMERICAN ACT.—None
of the funds made available in this Act may be expended by an
entity unless the entity agrees that in expending the funds the
entity will comply with the Buy American Act (41 U.S.C. 10a–
10c).
(b) SENSE OF THE CONGRESS; REQUIREMENT REGARDING
NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or product that may
be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense

112 STAT. 2681–145

36 USC 151106
note.

PUBLIC LAW 105–277—OCT. 21, 1998

of the Congress that entities receiving the assistance should,
in expending the assistance, purchase only American-made
equipment and products to the greatest extent practicable.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing
financial assistance using funds made available in this Act,
the head of each agency of the Federal or District of Columbia
government shall provide to each recipient of the assistance
a notice describing the statement made in paragraph (1) by
the Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally determined by a court or Federal agency that any person intentionally
affixed a label bearing a ‘‘Made in America’’ inscription, or any
inscription with the same meaning, to any product sold in or shipped
to the United States that is not made in the United States, the
person shall be ineligible to receive any contract or subcontract
made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regulations.
SEC. 147. Notwithstanding any provision of any Federallygranted charter or any other provision of law, beginning with fiscal
year 1999 and for each fiscal year hereafter, the real property
of the National Education Association located in the District of
Columbia shall be subject to taxation by the District of Columbia
in the same manner as any similar organization.
SEC. 148. None of the funds contained in this Act may be
used for purposes of the annual independent audit of the District
of Columbia government (including the District of Columbia Financial Responsibility and Management Assistance Authority) for fiscal
year 1999 unless—
(1) the audit is conducted by the Inspector General of
the District of Columbia pursuant to section 208(a)(4) of the
District of Columbia Procurement Practices Act of 1985 (D.C.
Code, sec. 1–1182.8(a)(4)); and
(2) the audit includes a comparison of audited actual yearend results with the revenues submitted in the budget document for such year and the appropriations enacted into law
for such year.
SEC. 149. Nothing in this Act shall be construed to authorize
any office, agency or entity to expend funds for programs or functions for which a reorganization plan is required but has not been
approved by the District of Columbia Financial Responsibility and
Management Assistance Authority (hereafter in this section referred
to as ‘‘Authority’’). Appropriations made by this Act for such programs or functions are conditioned only on the approval by the
Authority of the required reorganization plans.
SEC. 150. Notwithstanding any other provision of law, rule,
or regulation, the evaluation process and instruments for evaluating
District of Columbia Public Schools employees shall be a nonnegotiable item for collective bargaining purposes.
SEC. 151. None of the funds contained in this Act may be
used by the District of Columbia Corporation Counsel or any other
officer or entity of the District government to provide assistance
for any petition drive or civil action which seeks to require Congress
to provide for voting representation in Congress for the District
of Columbia.

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112 STAT. 2681–146

SEC. 152. The District of Columbia Financial Responsibility
and Management Assistance Authority (hereafter in this section
referred to as ‘‘Authority’’) shall report to the Appropriations
Committees of the Senate and House of Representatives, the
Committee on Governmental Affairs of the Senate, and the Committee on Government Reform and Oversight of the House of Representatives, by February 15, 1999, on the status of all partnerships
or agreements entered into from January 1, 1994 through September 30, 1998, between the District of Columbia government and
any nonprofit organization that provides medical care, substance
abuse treatment, low income housing, food and shelter services,
abstinance programs, or educational services to children, adults
and families residing in the District. For those partnerships or
agreements that have been terminated, the Authority shall report
to Congress on the plans by the District government for reinitiating
the partnerships or agreements with the respective nonprofit organization.
SEC. 153. The Residency Requirement Reinstatement Amendment Act of 1998 (D.C. Act 12–340) is hereby repealed.
SEC. 154. None of the funds contained in this Act may be
used after April 1, 1999, to transfer or confine inmates classified
above the medium security level, as defined by the Federal Bureau
of Prisons classification instrument, to the Northeast Ohio Correctional Center located in Youngstown, Ohio.
SEC. 155. RESERVE.—The District of Columbia Financial
Responsibility and Management Assistance Act of 1995, Public Law
104–8, sec. 202 is amended to include the following:
‘‘(i) RESERVE.—Beginning with fiscal year 2000, the plan or
budget submitted pursuant to this Act shall contain $150,000,000
for a reserve to be established by the Chief Financial Officer for
the District of Columbia and the District of Columbia Financial
Responsibility and Management Assistance Authority: Provided,
That the reserve shall only be expended according to criteria established by the Chief Financial Officer and approved by the District
of Columbia Financial Responsibility and Management Assistance
Authority.’’.
SEC. 156. LIBRARY FUNDRAISING AUTHORITY.—D.C. Code Section 37–105 is amended by striking the word ‘‘and’’ after section
(11) and striking the period after section (12) and adding the
following phrase:
‘‘, (13) Notwithstanding any other provision of law, the Board
of Trustees of the District of Columbia Public Library is authorized
to hire a fundraiser and to raise funds from private sources and
expend those funds for the benefit of the District of Columbia
Public Library, with the prior review and approval of the Chief
Financial Officer for the District of Columbia and the District
of Columbia Financial Responsibility and Management Assistance
Authority.’’.
SEC. 157. DISTRICT OF COLUMBIA ADOPTION IMPROVEMENT ACT
OF 1998. (a) SHORT TITLE.—This section may be cited as the ‘‘District of Columbia Adoption Improvement Act of 1998’’.
(b) DATABASE.—The District of Columbia Child and Family
Services Agency (referred to as ‘‘CFSA’’) shall maintain an accurate
database listing and tracking any child found by the Family Division
of the District of Columbia Superior Court to be abused or neglected
and who is in the custody of the District of Columbia, including
any child with the goal of adoption or legally free for adoption.

112 STAT. 2681–147

PUBLIC LAW 105–277—OCT. 21, 1998

(c) CONTRACTING WITH PRIVATE SERVICE PROVIDERS.—
(1) PRIVATE CONTRACTS.—Not later than September 30,
1999, CFSA shall enter into contracts with private service
providers to perform some of the adoption recruitment and
placement functions of CFSA, which may include recruitment,
homestudy, and placement services.
(2) COMPETITIVE BIDDING.—Any contract entered into
pursuant to paragraph (1) shall be subject to a competitive
bidding process when required by CFSA contracting policies
and procedures.
(3) PERFORMANCE-BASED COMPENSATION.—
(A) IN GENERAL.—Any contract entered into pursuant
to paragraph (1) shall compensate the winning bidder
pursuant to paragraph (2) upon completion of contract
deliverables.
(B) CONTRACT DELIVERABLES.—In identifying contract
deliverables, CFSA shall consider—
(i) in the case of recruitment, receipt of a list
of potential adoptive families;
(ii) in the case of homestudies, receipt of a completed homestudy in a form specified in advance by
CFSA; or
(iii) in the case of placements, the child is placed
in an adoptive home approved by CFSA or the adoption
is finalized.
(4) TYPES OF CONTRACTS.—Nothing in this section shall
be construed to prevent CFSA from entering into contracts
that provide for multiple deliverables or conditions for partial
payment.
(5) REMOVAL OF BARRIERS TO ADOPTION.—CFSA shall meet
with contractors to address issues identified during the term
of a contract entered into pursuant to this section, including
issues related to barriers to timely adoptions.
SEC. 158. CLARIFICATION OF RESPONSIBILITY FOR ADULT
OFFENDER SUPERVISION IN THE DISTRICT OF COLUMBIA. (a) Section
11233(b)(2) of the National Capital Revitalization and Self-Government Improvement Act of 1997 (Public Law 105–33) is amended
by—
(1) striking ‘‘; and’’ in subparagraph (F) and inserting ‘‘;’’;
(2) striking ‘‘Columbia.’’ in subparagraph (G) and inserting
‘‘Columbia; and’’; and
(3) inserting after subparagraph (G) the following:
‘‘(H) carry out all functions which have heretofore been
carried out by the Social Services Division of the Superior
Court relating to supervision of adults subject to protection
orders or provision of services for or related to such persons.’’.
(b) Section 11–1722 of the District of Columbia Code is
amended—
(1) in subsection (a)—
(A) by inserting ‘‘juvenile’’ after ‘‘all’’ in the first sentence; and
(B) by amending the second sentence to read as follows:
‘‘The Director shall have no jurisdiction over any adult
under supervision.’’;
(2) in subsection (b), inserting ‘‘including the agency established by section 11233(a) of the National Capital Revitalization

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–148

and Self-Government Improvement Act of 1997,’’ after ‘‘Columbia,’’; and
(3) in subsection (c), by inserting ‘‘juvenile’’ after ‘‘of’’.
SEC. 159. Public Law 104–8 is amended by adding new section
109 as follows:
‘‘SEC. 109. CHIEF MANAGEMENT OFFICER.

‘‘(a) The Authority may employ a Chief Management Officer
of the District of Columbia, who shall be appointed by the Chair
with the consent of the Authority. The Chief Management Officer
shall assist the Authority in the fulfillment of its responsibilities
under the District of Columbia Management Reform Act of 1997,
subtitle B of the National Capital Revitalization and Self-Government Improvement Act of 1997, title XI of Public Law 105–33,
to improve the effectiveness and efficiency of the District of Columbia Government. The Authority may delegate to the Chief Management Officer responsibility for oversight and supervision of departments and functions of the District of Columbia Government, or
successor departments and functions, consistent with the District
of Columbia Management Reform Act of 1997, subtitle B of the
National Capital Revitalization and Self-Government Improvement
Act of 1997, title XI of Public Law 105–33. The Chief Management
Officer shall report directly to the Authority, through the Chair
of the Authority, and shall be directed in his or her performance
by a majority of the Authority. The Chief Management Officer
shall be paid at an annual rate determined by the Authority sufficient in the judgment of the Authority to obtain the services of
an individual with the skills and experience required to discharge
the duties of the office.
‘‘(b) EMPLOYMENT CONTRACT.—Notwithstanding any other
provision of law, the employment agreement entered into as of
January 15, 1998, between the Chief Management Officer and
the District of Columbia Financial Responsibility and Management
Assistance Authority shall be valid in all respects.’’.
SEC. 160. Section 1–1182.8(a)(4)(A) of the D.C. Code is amended
to read as follows—
‘‘(A) Audit the financial statement and report described in
paragraph (3)(H) for a fiscal year, except that the financial statement and report may not be audited by the same auditor (or
an auditor employed by or affiliated with the same auditor) for
more than 5 consecutive fiscal years; and’’.
SEC. 161. DEFICIT REDUCTION AND REVITALIZATION.—Notwithstanding any other provision of law or this Act, funds allocated
to management reform by the District of Columbia Financial
Responsibility and Management Assistance Authority under this
heading in Public Law 105–100 (111 Stat. 2159), as contained
in the Authority’s notification of June 24, 1998, shall remain available for management reform until September 30, 1999: Provided,
That said funds shall not exceed $3,200,000.
SEC. 162. PROMPT PAYMENTS. (a) Section 3901 of title 31, United
States Code is amended by adding at the end the following new
subsection (d):
‘‘(d)(1) Notwithstanding subsection (a)(1) of this section, this
chapter, except section 3907 of this title, applies to the District
of Columbia Courts.
‘‘(2) A claim for an interest penalty not paid under this chapter
may be filed in the same manner as claims are filed with respect

112 STAT. 2681–149

PUBLIC LAW 105–277—OCT. 21, 1998

to contracts to provide property or services for the District of
Columbia Courts.
‘‘(3)(A) Except as provided in subparagraph (B), an interest
penalty under this chapter does not continue to accrue for more
than one year or after a claim for an interest penalty is filed
in the manner described in paragraph (2), whichever is earlier.
‘‘(B) If a claim for an interest penalty is filed in the manner
described in paragraph (2) and interest is not available for such
claims under the laws and regulations governing claims under
contracts to provide property or services for the District of Columbia
Courts, interest will accrue under this chapter as provided in paragraph (A) and from the date the claim is filed until the date
the claim is paid.
‘‘(4) Paragraph (3) of this subsection does not prevent an
interest penalty from accruing on a claim if such interest is available
for such claim under the laws and regulations governing claims
under contracts to provide property or services for the District
of Columbia Courts. Such interest may accrue on an unpaid contract
payment and on the unpaid penalty under this chapter.
‘‘ (5) Except as provided in section 3904 of this title, this chapter
does not require an interest penalty on a payment that is not
made because of a dispute between the head of an agency and
a business concern over the amount of payment or compliance
with the contract. A claim related to the dispute, and any interest
payable for the period during which the dispute is being resolved,
is subject to the laws and regulations governing claims under
contracts to provide property or services for the District of Columbia
Courts.’’.
SEC. 163. Section 147 of the Nation’s Capital Bicentennial
Designation Act (Public Law 105–100; 111 Stat. 2180) is amended—
(1) in subsection (a)(3)(B) by striking ‘‘President’s Day’’
and inserting ‘‘Washington’s Birthday’’;
(2) in subsection (b)(1) by striking ‘‘President’s Day’’ and
inserting ‘‘Washington’s Birthday’’.
SEC. 164. Section 101(b) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995, Public Law
104–8, 109 Stat. 97, is amended by adding at the end of paragraph
(5) the following new subparagraph:
‘‘(D) CONTINUATION OF SERVICE UNTIL SUCCESSOR
APPOINTED.—Upon the expiration of a term of office, a
member of the Authority may continue to serve until a
successor has been appointed.’’
SEC. 165. Section 456(d)(2) of the District of Columbia Home
Rule Act (87 Stat. 774; Public Law 93–198, as amended) is amended
by adding at the end:
‘‘(H) A statement of the balance of each account held
by the District of Columbia Financial Responsibility and
Management Assistance Authority as of the end of the
quarter, together with a description of the activities within
each such account during the quarter based on information
supplied by the Authority.’’.
SEC. 166. No funds made available pursuant to any provision
of this Act or any other act now or hereafter enacted shall be
used to capitalize the National Capital Revitalization Corporation
or for the purpose of implementing the National Capital Revitalization Act of 1998 (D.C. Act 12–355) until at least 30 days after
the District of Columbia Financial Responsibility and Management

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–150

Assistance Authority submits to the appropriate committees of Congress an economic development strategy.
SEC. 167. The District of Columbia government shall maintain
for fiscal year 1999 the same funding levels as provided in fiscal
year 1997 for homeless services in the District of Columbia: Provided, That in addition to such amounts, $1,000,000 shall be paid
to The Doe Fund for its Ready, Willing & Able program in Washington, D.C.
SEC. 168. (a) No later than November 1, 1998, or within 30
calendar days after the date of the enactment of this Act, whichever
occurs later, the Chief Financial Officer shall submit to the appropriate committees of Congress, the Mayor, and the District of
Columbia Financial Responsibility and Management Assistance
Authority a revised appropriated funds operating budget for all
agencies of the District of Columbia government for such fiscal
year that is in the total amount of the approved appropriation
and that realigns budgeted data for personal services and otherthan-personal-services, respectively, with anticipated actual
expenditures.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the District
of Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act, Public Law 93–198, as amended (D.C. Code, sec. 47–301).
SEC. 169. Notwithstanding section 602(c)(1) of the District of
Columbia Home Rule Act, approved December 24, 1973, as amended
(87 Stat. 813; Public Law 93–198; D.C. Code, sec. 1–233(c)(1), D.C.
Act 12–421), ‘‘Oyster Elementary School Construction and Revenue
Bond Act of 1998’’, shall take effect upon the date of enactment
of this Act.
SEC. 170. None of the funds contained in this Act may be
used for any program of distributing sterile needles or syringes
for the hypodermic injection of any illegal drug, or for any payment
to any individual or entity who carries out any such program.
SEC. 171. None of the funds contained in this Act may be
used to conduct any ballot initiative which seeks to legalize or
otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols derivative.
This Act may be cited as the ‘‘District of Columbia Appropriations Act, 1999’’.
(d) For programs, projects or activities in the Foreign Operations, Export Financing, and Related Programs Appropriations
Act, 1999, provided as follows, to be effective as if it had been
enacted into law as the regular appropriations Act:
AN ACT Making appropriations for foreign operations, export financing, and related
programs for the fiscal year ending September 30, 1999, and for other purposes.

TITLE I—EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES

The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 104 of the

Foreign
Operations,
Export
Financing, and
Related Agencies
Appropriations
Act, 1999.

112 STAT. 2681–151

PUBLIC LAW 105–277—OCT. 21, 1998

Government Corporation Control Act, as may be necessary in carrying out the program for the current fiscal year for such corporation:
Provided, That none of the funds available during the current
fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology
to any country other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible to receive economic or military assistance under this
Act that has detonated a nuclear explosive after the date of enactment of this Act.
SUBSIDY APPROPRIATION

For the cost of direct loans, loan guarantees, insurance, and
tied-aid grants as authorized by section 10 of the Export-Import
Bank Act of 1945, as amended, $765,000,000 to remain available
until September 30, 2002: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further,
That such sums shall remain available until 2013 for the disbursement of direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 1999, 2000, 2001, and 2002: Provided
further, That none of the funds appropriated by this Act or any
prior Act appropriating funds for foreign operations, export financing, or related programs for tied-aid credits or grants may be
used for any other purpose except through the regular notification
procedures of the Committees on Appropriations: Provided further,
That funds appropriated by this paragraph are made available
notwithstanding section 2(b)(2) of the Export Import Bank Act
of 1945, in connection with the purchase or lease of any product
by any East European country, any Baltic State or any agency
or national thereof.
ADMINISTRATIVE EXPENSES

12 USC 635a
note.

For administrative expenses to carry out the direct and guaranteed loan and insurance programs (to be computed on an accrual
basis), including hire of passenger motor vehicles and services as
authorized by 5 U.S.C. 3109, and not to exceed $22,500 for official
reception and representation expenses for members of the Board
of Directors, $50,000,000: Provided, That necessary expenses
(including special services performed on a contract or fee basis,
but not including other personal services) in connection with the
collection of moneys owed the Export-Import Bank, repossession
or sale of pledged collateral or other assets acquired by the ExportImport Bank in satisfaction of moneys owed the Export-Import
Bank, or the investigation or appraisal of any property, or the
evaluation of the legal or technical aspects of any transaction for
which an application for a loan, guarantee or insurance commitment
has been made, shall be considered nonadministrative expenses
for the purposes of this heading: Provided further, That, notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) thereof shall remain in effect until
October 1, 1999.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–152

OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT

The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within
the limits of funds available to it and in accordance with law
as may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance programs (including an amount for official reception and representation
expenses which shall not exceed $35,000) shall not exceed
$32,500,000 of which not more than $27,500,000 may be made
available until the Corporation reports to the Committees on Appropriations on measures taken to (1) establish sector specific investment funds; and (2) support regional investment initiatives in Georgia, Armenia and Azerbaijan through the Caucasus Fund: Provided
further, That project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other direct costs
associated with services provided to specific investors or potential
investors pursuant to section 234 of the Foreign Assistance Act
of 1961, shall not be considered administrative expenses for the
purposes of this heading.
PROGRAM ACCOUNT

For the cost of direct and guaranteed loans, $50,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961
to be derived by transfer from the Overseas Private Investment
Corporation Noncredit Account: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further,
That such sums shall be available for direct loan obligations and
loan guaranty commitments incurred or made during fiscal years
1999 and 2000: Provided further, That such sums shall remain
available through fiscal year 2007 for the disbursement of direct
and guaranteed loans obligated in fiscal year 1999, and through
fiscal year 2008 for the disbursement of direct and guaranteed
loans obligated in fiscal year 2000: Provided further, That in addition, such sums as may be necessary for administrative expenses
to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation Noncredit Account and merged with said account.
FUNDS APPROPRIATED TO THE PRESIDENT
TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $44,000,000, to remain
available until September 30, 2000: Provided, That the Trade and
Development Agency may receive reimbursements from corporations
and other entities for the costs of grants for feasibility studies
and other project planning services, to be deposited as an offsetting
collection to this account and to be available for obligation until
September 30, 2000, for necessary expenses under this paragraph:
Provided further, That such reimbursements shall not cover, or

112 STAT. 2681–153

PUBLIC LAW 105–277—OCT. 21, 1998

be allocated against, direct or indirect administrative costs of the
agency.
TITLE II—BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 1999, unless
otherwise specified herein, as follows:
AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND DISEASE PROGRAMS FUND

For necessary expenses to carry out the provisions of chapters
1 and 10 of part I of the Foreign Assistance Act of 1961, for
child survival, basic education, assistance to combat tropical and
other diseases, and related activities, in addition to funds otherwise
available for such purposes, $650,000,000, to remain available until
expended: Provided, That this amount shall be made available
for such activities as: (1) immunization programs; (2) oral rehydration programs; (3) health and nutrition programs, and related education programs, which address the needs of mothers and children;
(4) water and sanitation programs; (5) assistance for displaced
and orphaned children; (6) programs for the prevention, treatment,
and control of, and research on, tuberculosis, HIV/AIDS, polio,
malaria and other diseases; and (7) up to $98,000,000 for basic
education programs for children: Provided further, That none of
the funds appropriated under this heading may be made available
for nonproject assistance for health and child survival programs,
except that funds may be made available for such assistance for
ongoing health programs.
DEVELOPMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of sections
103 through 106, and chapter 10 of part I of the Foreign Assistance
Act of 1961, title V of the International Security and Development
Cooperation Act of 1980 (Public Law 96–533) and the provisions
of section 401 of the Foreign Assistance Act of 1969, $1,225,000,000,
to remain available until September 30, 2000: Provided, That of
the amount appropriated under this heading, up to $20,000,000
may be made available for the Inter-American Foundation and
shall be apportioned directly to that Agency: Provided further, That
of the amount appropriated under this heading, up to $11,000,000
may be made available for the African Development Foundation
and shall be apportioned directly to that agency: Provided further,
That none of the funds made available in this Act nor any unobligated balances from prior appropriations may be made available
to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or involuntary sterilization:
Provided further, That none of the funds made available under
this heading may be used to pay for the performance of abortion
as a method of family planning or to motivate or coerce any person

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–154

to practice abortions; and that in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary
family planning projects which offer, either directly or through
referral to, or information about access to, a broad range of family
planning methods and services, and that any such voluntary family
planning project shall meet the following requirements: (1) service
providers or referral agents in the project shall not implement
or be subject to quotas, or other numerical targets, of total number
of births, number of family planning acceptors, or acceptors of
a particular method of family planning (this provision shall not
be construed to include the use of quantitative estimates or indicators for budgeting and planning purposes), (2) the project shall
not include payment of incentives, bribes, gratuities, or financial
reward to (A) an individual in exchange for becoming a family
planning acceptor, or (B) program personnel for achieving a numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning, (3) the project shall not deny any right or benefit, including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence
of any individual’s decision not to accept family planning services,
(4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method
chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to
be consequent to the use of the method, (5) the project shall ensure
that experimental contraceptive drugs and devices and medical
procedures are provided only in the context of a scientific study
in which participants are advised of potential risks and benefits;
and, not less than 60 days after the date on which the Administrator
of the United States Agency for International Development determines that there has been a violation of the requirements contained
in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph
(4) of this proviso, the Administrator shall submit to the Committee
on International Relations and the Committee on Appropriations
of the House of Representatives and to the Committee on Foreign
Relations and the Committee on Appropriations of the Senate,
a report containing a description of such violation and the corrective
action taken by the Agency: Provided further, That in awarding
grants for natural family planning under section 104 of the Foreign
Assistance Act of 1961 no applicant shall be discriminated against
because of such applicant’s religious or conscientious commitment
to offer only natural family planning; and, additionally, all such
applicants shall comply with the requirements of the previous proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for foreign operations, export
financing, and related programs, the term ‘‘motivate’’, as it relates
to family planning assistance, shall not be construed to prohibit
the provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That nothing in
this paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign Assistance Act of 1961: Provided further, That, notwithstanding section 109 of the Foreign Assistance Act of 1961, of the funds appropriated under this heading in this Act, and of the unobligated
balances of funds previously appropriated under this heading,

112 STAT. 2681–155

PUBLIC LAW 105–277—OCT. 21, 1998

$2,500,000 may be transferred to ‘‘International Organizations and
Programs’’ for a contribution to the International Fund for Agricultural Development (IFAD): Provided further, That none of the funds
appropriated under this heading may be made available for any
activity which is in contravention to the Convention on International Trade in Endangered Species of Flora and Fauna (CITES):
Provided further, That none of the funds appropriated under this
heading may be made available for assistance for the central Government of the Republic of South Africa, until the Secretary of
State reports in writing to the appropriate committees of the Congress on the steps being taken by the United States Government
to work with the Government of the Republic of South Africa
to negotiate the repeal, suspension, or termination of section 15(c)
of South Africa’s Medicines and Related Substances Control Amendment Act No. 90 of 1997: Provided further, That of the funds
appropriated under this heading that are made available for assistance programs for displaced and orphaned children and victims
of war, not to exceed $25,000, in addition to funds otherwise available for such purposes, may be used to monitor and provide oversight of such programs: Provided further, That of the funds appropriated under this heading, not less than $1,500,000 should be
made available for agriculture programs in Laos: Provided further,
That of the funds appropriated under this heading not less than
$500,000 should be made available for support of the United States
Telecommunications Training Institute: Provided further, That, of
the funds made available by this Act for the ‘‘Microenterprise Initiative’’ (including any local currencies made available for the purposes
of the Initiative), not less than 50 percent of the funds used for
microcredit should be made available for support of programs providing loans of less than $300 to very poor people, particularly
women, or for institutional support of organizations primarily engaged in making such loans.
CYPRUS

Of the funds appropriated under the headings ‘‘Development
Assistance’’ and ‘‘Economic Support Fund’’, not less than
$15,000,000 shall be made available for Cyprus to be used only
for scholarships, administrative support of the scholarship program,
bicommunal projects, and measures aimed at reunification of the
island and designed to reduce tensions and promote peace and
cooperation between the two communities on Cyprus.
BURMA

Of the funds appropriated under the headings ‘‘Economic Support Fund’’ and ‘‘Development Assistance’’, not less than $6,500,000
shall be made available to support democracy activities in Burma,
democracy and humanitarian activities along the Burma-Thailand
border, and for Burmese student groups and other organizations
located outside Burma: Provided, That funds made available for
Burma-related activities under this heading may be made available
notwithstanding any other provision of law: Provided further, That
the provision of such funds shall be made available subject to
the regular notification procedures of the Committees on Appropriations.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–156

CAMBODIA

None of the funds appropriated by this Act may be made
available for activities or programs for Cambodia until the Secretary
of State determines and reports to the Committees on Appropriations that the Government of Cambodia has: (1) thoroughly and
credibly resolved all election-related disputes and complaints filed
by all political parties to the National Election Commission and
the Constitutional Council; (2) discontinued all political violence
and intimidation of journalists and members of opposition parties;
and (3) been formed through credible, democratic elections: Provided, That the restrictions under this heading shall not apply
to demining or activities administered by nongovernmental
organizations: Provided further, That such funds shall be subject
to the regular notification procedures of the Committees on Appropriations.
INDONESIA

Of the funds appropriated under the headings ‘‘Economic Support Fund’’ and ‘‘Development Assistance’’, not less than $75,000,000
shall be made available for assistance for Indonesia: Provided,
That of this amount, not less than $15,000,000 should be made
available for activities administered by the Office of Transition
Initiatives: Provided further, That of the amount made available
under this heading up to $25,000,000 may be derived from funds
that are available for obligation pursuant to section 511 of this
Act or any comparable provision of law.
PRIVATE AND VOLUNTARY ORGANIZATIONS

None of the funds appropriated or otherwise made available
by this Act for development assistance may be made available
to any United States private and voluntary organization, except
any cooperative development organization, which obtains less than
20 percent of its total annual funding for international activities
from sources other than the United States Government: Provided,
That the Administrator of the Agency for International Development
may, on a case-by-case basis, waive the restriction contained in
this paragraph, after taking into account the effectiveness of the
overseas development activities of the organization, its level of
volunteer support, its financial viability and stability, and the
degree of its dependence for its financial support on the agency:
Provided further, That section 123(g) of the Foreign Assistance
Act of 1961 and the paragraph entitled ‘‘Private and Voluntary
Organizations’’ in title II of the Foreign Assistance and Related
Programs Appropriations Act, 1985 (as enacted in Public Law 98–
473) are hereby repealed.
Funds appropriated or otherwise made available under title
II of this Act should be made available to private and voluntary
organizations at a level which is at least equivalent to the level
provided in fiscal year 1995. Such private and voluntary organizations shall include those which operate on a not-for-profit basis,
receive contributions from private sources, receive voluntary support
from the public and are deemed to be among the most cost-effective
and successful providers of development assistance.

22 USC 2151u
note.

22 USC 2151u
and note.

112 STAT. 2681–157

PUBLIC LAW 105–277—OCT. 21, 1998
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,
$200,000,000, to remain available until expended.
MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM ACCOUNT

For the cost of direct loans and loan guarantees, $1,500,000,
as authorized by section 108 of the Foreign Assistance Act of 1961,
as amended: Provided, That such costs shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further,
That guarantees of loans made under this heading in support
of microenterprise activities may guarantee up to 70 percent of
the principal amount of any such loans notwithstanding section
108 of the Foreign Assistance Act of 1961. In addition, for administrative expenses to carry out programs under this heading,
$500,000, all of which may be transferred to and merged with
the appropriation for Operating Expenses of the Agency for International Development: Provided further, That funds made available
under this heading shall remain available until September 30,
2000.
URBAN AND ENVIRONMENTAL CREDIT PROGRAM ACCOUNT

22 USC 2183.

For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of guaranteed loans authorized by sections
221 and 222 of the Foreign Assistance Act of 1961, including the
cost of guaranteed loans designed to promote the urban and environmental policies and objectives of part I of such Act, $1,500,000,
to remain available until expended: Provided, That these funds
are available to subsidize loan principal, 100 per centum of which
shall be guaranteed, pursuant to the authority of such sections.
In addition, for administrative expenses to carry out guaranteed
loan programs, $5,000,000, all of which may be transferred to
and merged with the appropriation for Operating Expenses of the
Agency for International Development: Provided further, That
commitments to guarantee loans under this heading may be entered
into notwithstanding the second and third sentences of section
222(a) of the Foreign Assistance Act of 1961, and the third and
fourth sentences of section 223(j) of such Act are repealed.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND

For payment to the ‘‘Foreign Service Retirement and Disability
Fund’’, as authorized by the Foreign Service Act of 1980,
$44,552,000.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL
DEVELOPMENT

For necessary expenses to carry out the provisions of section
667, $479,950,000: Provided, That none of the funds appropriated
by this Act for programs administered by the Agency for International Development may be used to finance printing costs of
any report or study (except feasibility, design, or evaluation reports

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–158

or studies) in excess of $25,000 without the approval of the Administrator of the Agency or the Administrator’s designee.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL
DEVELOPMENT OFFICE OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section
667, $30,750,000, to remain available until September 30, 2000,
which sum shall be available for the Office of the Inspector General
of the Agency for International Development.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND

For necessary expenses to carry out the provisions of chapter
4 of part II, $2,367,000,000, to remain available until September
30, 2000: Provided, That of the funds appropriated under this
heading, not less than $1,080,000,000 shall be available only for
Israel, which sum shall be available on a grant basis as a cash
transfer and shall be disbursed within thirty days of enactment
of this Act or by October 31, 1998, whichever is later: Provided
further, That not less than $775,000,000 shall be available only
for Egypt, which sum shall be provided on a grant basis, and
of which sum cash transfer assistance shall be provided with the
understanding that Egypt will undertake significant economic
reforms which are additional to those which were undertaken in
previous fiscal years: Provided further, That in exercising the
authority to provide cash transfer assistance for Israel, the President shall ensure that the level of such assistance does not cause
an adverse impact on the total level of nonmilitary exports from
the United States to such country: Provided further, That of the
funds appropriated under this heading, not less than $150,000,000
should be made available for assistance for Jordan: Provided further,
That notwithstanding any other provision of law, not to exceed
$10,000,000 may be used to support victims of the Holocaust.
INTERNATIONAL FUND FOR IRELAND

For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961, $19,600,000,
which shall be available for the United States contribution to the
International Fund for Ireland and shall be made available in
accordance with the provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99–415): Provided, That such amount
shall be expended at the minimum rate necessary to make timely
payment for projects and activities: Provided further, That funds
made available under this heading shall remain available until
September 30, 2000.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $430,000,000, to remain available
until September 30, 2000, which shall be available, notwithstanding
any other provision of law, for economic assistance and for related
programs for Eastern Europe and the Baltic States.

112 STAT. 2681–159

PUBLIC LAW 105–277—OCT. 21, 1998

(b) Funds appropriated under this heading shall be considered
to be economic assistance under the Foreign Assistance Act of
1961 for purposes of making available the administrative authorities contained in that Act for the use of economic assistance.
(c) None of the funds appropriated under this heading may
be made available for new housing construction or repair or
reconstruction of existing housing in Bosnia and Herzegovina unless
directly related to the efforts of United States troops to promote
peace in said country.
(d) With regard to funds appropriated under this heading for
the economic revitalization program in Bosnia and Herzegovina,
and local currencies generated by such funds (including the conversion of funds appropriated under this heading into currency used
by Bosnia and Herzegovina as local currency and local currency
returned or repaid under such program)—
(1) the Administrator of the Agency for International
Development shall provide written approval for grants and
loans prior to the obligation and expenditure of funds for such
purposes, and prior to the use of funds that have been returned
or repaid to any lending facility or grantee; and
(2) the provisions of section 533 of this Act shall apply.
(e) The President is authorized to withhold funds appropriated
under this heading made available for economic revitalization programs in Bosnia and Herzegovina, if he determines and certifies
to the Committees on Appropriations that the Federation of Bosnia
and Herzegovina has not complied with article III of annex 1–
A of the General Framework Agreement for Peace in Bosnia and
Herzegovina concerning the withdrawal of foreign forces, and that
intelligence cooperation on training, investigations, and related
activities between Iranian officials and Bosnian officials has not
been terminated.
(f) Not to exceed $200,000,000 of the funds appropriated under
this heading may be made available for Bosnia and Herzegovina.
(g) Funds appropriated under this heading or in prior appropriations Acts that are or have been made available for an Enterprise Fund may be deposited by such Fund in interest-bearing
accounts prior to the Fund’s disbursement of such funds for program
purposes. The Fund may retain for such program purposes any
interest earned on such deposits without returning such interest
to the Treasury of the United States and without further appropriation by the Congress. Funds made available for Enterprise Funds
shall be expended at the minimum rate necessary to make timely
payment for projects and activities.
ASSISTANCE FOR THE NEW INDEPENDENT STATES OF THE FORMER
SOVIET UNION

(a) For necessary expenses to carry out the provisions of chapter
11 of part I of the Foreign Assistance Act of 1961 and the FREEDOM Support Act, for assistance for the New Independent States
of the former Soviet Union and for related programs, $801,000,000,
to remain available until September 30, 2000: Provided, That the
provisions of such chapter shall apply to funds appropriated by
this paragraph: Provided further, That such sums as may be necessary may be transferred to the Export-Import Bank of the United
States for the cost of any financing under the Export-Import Bank
Act of 1945 for activities for the New Independent States.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–160

(b) Funds appropriated under title II of this Act, including
funds appropriated under this heading, should be made available
for assistance for Mongolia at a level which is at least equivalent
to the level provided in fiscal year 1998: Provided, That funds
made available for assistance for Mongolia may be made available
in accordance with the purposes and utilizing the authorities provided in chapter 11 of part I of the Foreign Assistance Act of
1961.
(c)(1) Of the funds appropriated under this heading that are
allocated for assistance for the Government of Russia, 50 percent
shall be withheld from obligation until the President determines
and certifies in writing to the Committees on Appropriations that
the Government of Russia has terminated implementation of
arrangements to provide Iran with technical expertise, training,
technology, or equipment necessary to develop a nuclear reactor,
related nuclear research facilities or programs, or ballistic missile
capability.
(2) Notwithstanding paragraph (1) assistance may be provided
for the Government of Russia if the President determines and
certifies to the Committees on Appropriations that making such
funds available: (A) is vital to the national security interest of
the United States; and (B) that the Government of Russia is taking
meaningful steps to limit major supply contracts and to curtail
the transfer of technology and technological expertise related to
activities referred to in paragraph (1).
(d) Not more than 30 percent of the funds appropriated under
this heading may be made available for assistance for any country
in the region.
(e) Of the funds appropriated under this heading, not less
than $228,000,000 shall be made available for assistance for the
Southern Caucasus region: Provided, That of the funds made available for the Southern Caucasus region, 17.5 percent should be
used for reconstruction and other activities relating to the peaceful
resolution of conflicts within the region, especially those in the
vicinity of Abkhazia and Nagorno-Karabakh: Provided further, That
if the Secretary of State after May 30, 1999, determines and reports
to the relevant committees of Congress that the full amount of
funds that may be made available under the first proviso cannot
be effectively utilized, the amount provided may be used for other
purposes under this heading: Provided further, That of the funds
provided under this subsection, 37 percent shall be made available
for assistance for Georgia and 35 percent shall be made available
for assistance for Armenia: Provided further, That of funds made
available for Armenia, not less than 12 percent shall be made
available for an endowment for the American University in Armenia.
(f) Section 907 of the FREEDOM Support Act shall not apply
to—
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of
Public Law 104–201;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within
his or her official capacity;

112 STAT. 2681–161

PUBLIC LAW 105–277—OCT. 21, 1998

(4) any insurance, reinsurance, guarantee, or other assistance provided by the Overseas Private Investment Corporation
under title IV of chapter 2 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank
Act of 1945; or
(6) humanitarian assistance.
(g) Of the funds appropriated under this heading, not less
than $195,000,000 shall be made available for assistance for
Ukraine: Provided, That not less than $25,000,000 of such funds
should be made available for nuclear reactor safety programs, of
which not less than $1,000,000 shall be made available for personnel
security initiatives at all nuclear reactor installations: Provided
further, That 50 percent of the amount made available in this
subsection, exclusive of funds made available for nuclear safety
and law enforcement reforms, shall be withheld from obligation
and expenditure until the Secretary of State reports to the Committees on Appropriations that Ukraine has undertaken significant
economic reforms additional to those achieved in fiscal year 1998,
and include: (1) reform and effective enforcement of commercial
and tax codes; and (2) continued progress on resolution of complaints by United States investors: Provided further, That the report
in the previous proviso shall be provided 120 days after the date
of enactment of this Act: Provided further, That for the purposes
of the agreement with Ukraine submitted to the Congress under
section 123 of the Atomic Energy Act of 1954, as amended, the
requirement to submit the agreement and related documents to
the Congress and the appropriate congressional committees for
the periods described in that Act shall be deemed satisfied upon
the enactment of this Act.
(h) The Coordinator for Assistance to the New Independent
States of the Former Soviet Union shall inform the Committees
on Appropriations prior to the obligation of funds made available
under this heading for a United States national lab to administer
nuclear safety activities if the management costs exceed 9 percent
of the costs associated with the program or activity.
INDEPENDENT AGENCY
PEACE CORPS

For expenses necessary to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $240,000,000, including the purchase
of not to exceed five passenger motor vehicles for administrative
purposes for use outside of the United States: Provided, That none
of the funds appropriated under this heading shall be used to
pay for abortions: Provided further, That funds appropriated under
this heading shall remain available until September 30, 2000.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $261,000,000: Provided, That none of the
funds under this heading may be made available to establish or
operate an International Law Enforcement Academy for the Western Hemisphere outside the United States: Provided further, That

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–162

in addition to any funds previously made available for an International Law Enforcement Academy for the Western Hemisphere,
not less than $5,000,000 should be made available to establish
and operate the International Law Enforcement Academy for the
Western Hemisphere at the deBremond Training Center in Roswell,
New Mexico: Provided further, That during fiscal year 1999, the
Department of State may also use the authority of section 608
of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United
States Government for the purpose of providing it to a foreign
country under chapter 8 of part I of that Act subject to the regular
notification procedures of the Committees on Appropriations.
MIGRATION AND REFUGEE ASSISTANCE

For expenses, not otherwise provided for, necessary to enable
the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross, assistance
to refugees, including contributions to the International Organization for Migration and the United Nations High Commissioner
for Refugees, and other activities to meet refugee and migration
needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized
by sections 5921 through 5925 of title 5, United States Code;
purchase and hire of passenger motor vehicles; and services as
authorized by section 3109 of title 5, United States Code,
$640,000,000: Provided, That not more than $13,000,000 shall be
available for administrative expenses: Provided further, That not
less than $70,000,000 shall be made available for refugees from
the former Soviet Union and Eastern Europe and other refugees
resettling in Israel.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE
FUND

For necessary expenses to carry out the provisions of section
2(c) of the Migration and Refugee Assistance Act of 1962, as amended (22 U.S.C. 260(c)), $30,000,000, to remain available until
expended: Provided, That the funds made available under this
heading are appropriated notwithstanding the provisions contained
in section 2(c)(2) of the Migration and Refugee Assistance Act
of 1962 which would limit the amount of funds which could be
appropriated for this purpose.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS

For necessary expenses for nonproliferation, anti-terrorism and
related programs and activities, $198,000,000, to carry out the
provisions of chapter 8 of part II of the Foreign Assistance Act
of 1961 for anti-terrorism assistance, section 504 of the FREEDOM
Support Act for the Nonproliferation and Disarmament Fund, section 23 of the Arms Export Control Act or the Foreign Assistance
Act of 1961 for demining activities, the clearance of unexploded
ordnance, and related activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international organizations, section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the

112 STAT. 2681–163

PUBLIC LAW 105–277—OCT. 21, 1998

International Atomic Energy Agency (IAEA) and a voluntary contribution to the Korean Peninsula Energy Development Organization (KEDO), and for a United States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, That the Secretary of State shall inform the Committees
on Appropriations at least twenty days prior to the obligation of
funds for the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided further, That of this amount not to exceed
$15,000,000, to remain available until expended, may be made
available for the Nonproliferation and Disarmament Fund, notwithstanding any other provision of law, to promote bilateral and multilateral activities relating to nonproliferation and disarmament: Provided further, That such funds may also be used for such countries
other than the New Independent States of the former Soviet Union
and international organizations when it is in the national security
interest of the United States to do so: Provided further, That such
funds shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That of the
funds appropriated under this heading not less than $35,000,000
should be made available for demining, clearance of unexploded
ordnance, and related activities: Provided further, That of the funds
made available for demining and related activities, not to exceed
$500,000, in addition to funds otherwise available for such purposes,
may be used for expenses related to the operation and management
of the demining program: Provided further, That funds appropriated
under this heading may be made available for the International
Atomic Energy Agency only if the Secretary of State determines
(and so reports to the Congress) that Israel is not being denied
its right to participate in the activities of that Agency.
DEPARTMENT OF THE TREASURY
DEBT RESTRUCTURING

For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying direct loans and loan guarantees,
as the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the cost of selling,
reducing, or canceling amounts, through debt buybacks and swaps,
owed to the United States as a result of concessional loans made
to eligible Latin American and Caribbean countries, pursuant to
part IV of the Foreign Assistance Act of 1961; of modifying
concessional credit agreements with least developed countries, as
authorized under section 411 of the Agricultural Trade Development
and Assistance Act of 1954, as amended; and concessional loans,
guarantees and credit agreements with any country in sub-Saharan
Africa, as authorized under section 572 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1989
(Public Law 100–461); and of modifying any obligation, or portion
of such obligation for Latin American countries to pay for purchases
of United States agricultural commodities guaranteed by the
Commodity Credit Corporation under export credit guarantee programs authorized pursuant to section 5(f ) of the Commodity Credit
Corporation Charter Act of June 29, 1948, as amended, section
4(b) of the Food for Peace Act of 1966, as amended (Public Law
89–808), or section 202 of the Agricultural Trade Act of 1978,
as amended (Public Law 95–501), $33,000,000, to remain available

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–164

until expended: Provided, That not to exceed $2,900,000 of such
funds may be used for implementation of improvements in the
foreign credit reporting system of the United States Government:
Provided further, That the authority provided by section 572 of
Public Law 100–461 may be exercised only with respect to countries
that are eligible to borrow from the International Development
Association, but not from the International Bank for Reconstruction
and Development, commonly referred to as ‘‘IDA-only’’ countries:
Provided further, That the authorities and appropriation under
this heading shall also satisfy the requirement of section 808(a)(3)
of part V of the Foreign Assistance Act, as amended, for the purpose
of debt buybacks and swaps which incur no costs (as defined under
section 502(5) of the Federal Credit Reform Act of 1990) in fiscal
year 1999.
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For necessary expenses to carry out Department of the Treasury
international affairs technical assistance activities, $1,500,000, to
remain available until expended, which shall be available, pursuant
to section 589 of this Act, for economic technical assistance and
for related programs.
UNITED STATES COMMUNITY ADJUSTMENT AND INVESTMENT PROGRAM

For the United States Community Adjustment and Investment
Program authorized by section 543 of the North American Free
Trade Agreement Implementation Act, $10,000,000 to remain available until September 30, 2000: Provided, That the Secretary may
transfer such funds to the North American Development Bank
and/or to one or more Federal agencies for the purpose of enabling
the Bank or such Federal agencies to assist in carrying out the
program by providing technical assistance, grants, loans, loan
guarantees, and other financial subsidies endorsed by the interagency finance committee established by section 7 of Executive
Order 12916: Provided further, That no portion of such funds may
be transferred to the Bank unless the Secretary shall have first
entered into an agreement with the Bank that provides that any
such funds may not be used for the Bank’s administrative expenses:
Provided further, That any funds transferred to the Bank under
this head will be in addition to the 10 percent of the paid-in
capital paid to the Bank by the United States referred to in section
543 of the Act: Provided further, That any funds transferred to
any Federal agency under this head will be in addition to amounts
otherwise provided to such agency: Provided further, That any
funds transferred to an agency under this head shall be subject
to the same terms and conditions as the account to which transferred.
TITLE III—MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section
541 of the Foreign Assistance Act of 1961, $50,000,000 of which
up to $1,000,000 may remain available until expended: Provided,
That the civilian personnel for whom military education and

112 STAT. 2681–165

PUBLIC LAW 105–277—OCT. 21, 1998

training may be provided under this heading may include civilians
who are not members of a government whose participation would
contribute to improved civil-military relations, civilian control of
the military, or respect for human rights: Provided further, That
funds appropriated under this heading for grant financed military
education and training for Indonesia and Guatemala may only
be available for expanded international military education and
training and funds made available for Guatemala may only be
provided through the regular notification procedures of the Committees on Appropriations: Provided further, That none of the funds
appropriated under this heading may be made available to support
grant financed military education and training at the School of
the Americas unless the Secretary of Defense certifies that the
instruction and training provided by the School of the Americas
is fully consistent with training and doctrine, particularly with
respect to the observance of human rights, provided by the Department of Defense to United States military students at Department
of Defense institutions whose primary purpose is to train United
States military personnel.
FOREIGN MILITARY FINANCING PROGRAM

For expenses necessary for grants to enable the President to
carry out the provisions of section 23 of the Arms Export Control
Act, $3,330,000,000: Provided, That of the funds appropriated under
this heading, not less than $1,860,000,000 shall be available for
grants only for Israel, and not less than $1,300,000,000 shall be
made available for grants only for Egypt: Provided further, That
the funds appropriated by this paragraph for Israel shall be disbursed within thirty days of enactment of this Act or by October
31, 1998, whichever is later: Provided further, That to the extent
that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel by this paragraph
shall, as agreed by Israel and the United States, be available
for advanced weapons systems, of which not less than $490,000,000
shall be available for the procurement in Israel of defense articles
and defense services, including research and development: Provided
further, That of the funds appropriated by this paragraph, not
less than $45,000,000 should be available for assistance for Jordan:
Provided further, That during fiscal year 1999 the President is
authorized to, and shall, direct drawdowns of defense articles from
the stocks of the Department of Defense, defense services of the
Department of Defense, and military education and training of
an aggregate value of not less than $25,000,000 under the authority
of this proviso for Jordan for the purposes of part II of the Foreign
Assistance Act of 1961: Provided further, That section 506(c) of
the Foreign Assistance Act of 1961 shall apply, and section 632(d)
of the Foreign Assistance Act of 1961 shall not apply, to any
such drawdown: Provided further, That none of the funds made
available under this heading shall be available for any non-NATO
country participating in the Partnership for Peace Program except
through the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appropriated
by this paragraph, not less than $7,000,000 shall be made available
for assistance for Tunisia: Provided further, That during fiscal year
1999, the President is authorized to, and shall, direct the
drawdowns of defense articles from the stocks of the Department
of Defense, defense services of the Department of Defense, and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–166

military education and training of an aggregate value of not less
than $5,000,000 under the authority of this proviso for Tunisia
for the purposes of part II of the Foreign Assistance Act of 1961
and any amount so directed shall count toward meeting the earmark
in the previous proviso: Provided further, That section 506(c) of
the Foreign Assistance Act of 1961 shall apply and section 632(d)
of the Foreign Assistance Act of 1961 shall not apply to any such
drawdown: Provided further, That funds appropriated by this paragraph shall be nonrepayable notwithstanding any requirement in
section 23 of the Arms Export Control Act: Provided further, That
funds made available under this heading shall be obligated upon
apportionment in accordance with paragraph (5)(C) of title 31,
United States Code, section 1501(a).
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of direct loans authorized by section 23 of
the Arms Export Control Act as follows: cost of direct loans,
$20,000,000: Provided, That these funds are available to subsidize
gross obligations for the principal amount of direct loans of not
to exceed $167,000,000.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act unless the foreign country proposing to make such procurements
has first signed an agreement with the United States Government
specifying the conditions under which such procurements may be
financed with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 515 of this Act: Provided further,
That none of the funds appropriated under this heading shall be
available for assistance for Sudan and Liberia: Provided further,
That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That none of the funds under this
heading shall be available for assistance for Guatemala: Provided
further, That only those countries for which assistance was justified
for the ‘‘Foreign Military Sales Financing Program’’ in the fiscal
year 1989 congressional presentation for security assistance programs may utilize funds made available under this heading for
procurement of defense articles, defense services or design and
construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further, That,
subject to the regular notification procedures of the Committees
on Appropriations, funds made available under this heading for
the cost of direct loans may also be used to supplement the funds
available under this heading for grants, and funds made available
under this heading for grants may also be used to supplement
the funds available under this heading for the cost of direct loans:
Provided further, That funds appropriated under this heading shall
be expended at the minimum rate necessary to make timely payment for defense articles and services: Provided further, That not
more than $29,910,000 of the funds appropriated under this heading
may be obligated for necessary expenses, including the purchase
of passenger motor vehicles for replacement only for use outside
of the United States, for the general costs of administering military

112 STAT. 2681–167

PUBLIC LAW 105–277—OCT. 21, 1998

assistance and sales: Provided further, That not more than
$340,000,000 of funds realized pursuant to section 21(e)(1)(A) of
the Arms Export Control Act may be obligated for expenses incurred
by the Department of Defense during fiscal year 1999 pursuant
to section 43(b) of the Arms Export Control Act, except that this
limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations.
PEACEKEEPING OPERATIONS

For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $76,500,000: Provided,
That none of the funds appropriated under this heading shall be
obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
TITLE IV—MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION
AND DEVELOPMENT
GLOBAL ENVIRONMENT FACILITY

For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United
States contribution to the Global Environment Facility (GEF),
$192,500,000 to remain available until expended for contributions
previously due: Provided, That such funds shall be subject to the
regular notification procedures of the Committees on Appropriations.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment to the International Development Association
(IDA) by the Secretary of the Treasury, $800,000,000, to remain
available until expended: Provided, That none of these funds may
be obligated or expended until the Secretary of the Treasury certifies
that a procedure has been established for the Comptroller General
of the United States to be provided full access to: (1) the financial
and related records of the International Bank for Reconstruction
and Development and IDA for the purposes of conducting audits
of current loans and financial assistance provided by these institutions; and (2) management personnel manuals, procedures, and
policy guidelines: Provided further, That following the review conducted in the previous proviso, the Comptroller General shall report
to the Committees on Appropriations on the results of the audit
and recommendations to improve institutional financial and personnel procedures, especially regarding the protection of individuals
alleging mismanagement, fraud, or abuses: Provided further, That
at least ten days prior to the obligation of funds appropriated
under this heading the Secretary of Treasury shall report to the
Committees on Appropriations of his intent to obligate such funds.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–168

CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

For payment to the Inter-American Development Bank by the
Secretary of the Treasury, for the United States share of the paidin share portion of the increase in capital stock, $25,610,667.
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK
FUND FOR SPECIAL OPERATIONS

For payment to the Inter-American Bank by the Secretary
of the Treasury, for the United States share of the increase in
resources for the Fund for Special Operations, $21,152,000, to
remain available until expended for contributions previously due.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the Inter-American Development
Bank may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital stock
in an amount not to exceed $1,503,718,910.
CONTRIBUTION TO THE ENTERPRISE FOR AMERICAS MULTILATERAL
INVESTMENT FUND

For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United
States contribution to the Fund, $50,000,000 to remain available
until expended for contributions previously due.
CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

For payment to the Asian Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion
of the increase in capital stock, $13,221,596, to remain available
until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the Asian Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an
amount not to exceed $647,858,204.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the
Treasury to the increases in resources of the Asian Development
Fund, as authorized by the Asian Development Bank Act, as amended (Public Law 89–369), $210,000,000, to remain available until
expended, of which $187,000,000 shall be available for contributions
previously due.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African Development
Fund, $128,000,000, to remain available until expended, of which
$88,300,000 shall be available for contributions previously due.

112 STAT. 2681–169

PUBLIC LAW 105–277—OCT. 21, 1998

CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND
DEVELOPMENT

For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $35,778,717, for
the United States share of the paid-in portion of the increase
in capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of such capital stock in an amount not to exceed $123,237,803.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions of section
301 of the Foreign Assistance Act of 1961, and of section 2 of
the United Nations Environment Program Participation Act of 1973,
$187,000,000: Provided, That none of the funds appropriated under
this heading shall be made available for the United Nations Fund
for Science and Technology: Provided further, That none of the
funds appropriated under this heading may be made available
for the United Nations Population Fund (UNFPA): Provided further,
That not less than $5,000,000 should be made available