Regulations: Public Law 105-277

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,
OFFICE

OF THE

AND

MARKETING

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
Analysis, including employment pursuant to the second
of section 706(a) of the Organic Act of 1944 (7 U.S.C.
which not to exceed $5,000 is for employment under
3109, $6,120,000.
OFFICE

OF THE

Program
sentence
2225), of
5 U.S.C.

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
OFFICE

PUBLIC LAW 105–277—OCT. 21, 1998
OF THE

ASSISTANT SECRETARY
RELATIONS

FOR

CONGRESSIONAL

(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
OFFICE

OF THE

UNDER SECRETARY FOR RESEARCH, EDUCATION
ECONOMICS

112 STAT. 2681–4
AND

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,
SERVICE

AND

EXTENSION

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
REGULATORY PROGRAMS

AND

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
AGRICULTURAL SERVICES

AND

FOREIGN

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
ENVIRONMENT

AND

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
CONSUMER SERVICES

AND

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.

PUBLIC LAW 105–277—OCT. 21, 1998

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.

PUBLIC LAW 105–277—OCT. 21, 1998

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
IMMIGRATION

AND

112 STAT. 2681–58

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

PUBLIC LAW 105–277—OCT. 21, 1998

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
PATENT

AND

112 STAT. 2681–82

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,
SERVICES

AND

OTHER JUDICIAL

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
AGENCIES

OF

STATE

AND

RELATED

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

112 STAT. 2681–105

PUBLIC LAW 105–277—OCT. 21, 1998

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
ABROAD

OF

AMERICA’S HERITAGE

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.

PUBLIC LAW 105–277—OCT. 21, 1998

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

112 STAT. 2681–107

PUBLIC LAW 105–277—OCT. 21, 1998

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

112 STAT. 2681–109

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

PUBLIC LAW 105–277—OCT. 21, 1998

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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PUBLIC LAW 105–277—OCT. 21, 1998

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

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–112

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.

112 STAT. 2681–113

PUBLIC LAW 105–277—OCT. 21, 1998

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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112 STAT. 2681–114

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.
DISTRICT OF COLUMBIA

OPERATIONS

IN THE

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
CORRECTIONAL COMPLEX

AT

LORTON

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
TRUSTEE OPERATIONS

CORRECTIONS

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
AND FOR DOWNTOWN REVITALIZATION

MUSIC

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,

PUBLIC LAW 105–277—OCT. 21, 1998

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

PUBLIC LAW 105–277—OCT. 21, 1998

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

PUBLIC LAW 105–277—OCT. 21, 1998

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.

PUBLIC LAW 105–277—OCT. 21, 1998
REPAYMENT

OF

LOANS

112 STAT. 2681–130

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.

112 STAT. 2681–131

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
MANAGEMENT ASSISTANCE AUTHORITY

AND

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.

PUBLIC LAW 105–277—OCT. 21, 1998

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.

PUBLIC LAW 105–277—OCT. 21, 1998

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.

PUBLIC LAW 105–277—OCT. 21, 1998

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 to the
World Food Program: Provided further, That none of the funds
made available under this heading, may be provided to the Climate
Stabilization Fund until fifteen days after the Department of State
provides a report to the Committees on Foreign Relations and
Appropriations in the Senate and the Committees on International
Relations and Appropriations in the House of Representatives
detailing the number of Fund employees and associated salaries
and the fiscal year 1998 and 1999 Fund activities, programs or
projects and associated costs: Provided further, That none of the
funds appropriated under this heading may be made available
to the Korean Peninsula Energy Development Organization (KEDO)
or the International Atomic Energy Agency (IAEA).
TITLE V—GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

SEC. 501. Except for the appropriations entitled ‘‘International
Disaster Assistance’’, and ‘‘United States Emergency Refugee and
Migration Assistance Fund’’, not more than 15 percent of any appropriation item made available by this Act shall be obligated during
the last month of availability.
PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL
INSTITUTIONS

SEC. 502. Notwithstanding section 614 of the Foreign Assistance
Act of 1961, none of the funds contained in title II of this Act
may be used to carry out the provisions of section 209(d) of the
Foreign Assistance Act of 1961.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–170

LIMITATION ON RESIDENCE EXPENSES

SEC. 503. Of the funds appropriated or made available pursuant
to this Act, not to exceed $126,500 shall be for official residence
expenses of the Agency for International Development during the
current fiscal year: Provided, That appropriate steps shall be taken
to assure that, to the maximum extent possible, United Statesowned foreign currencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES

SEC. 504. Of the funds appropriated or made available pursuant
to this Act, not to exceed $5,000 shall be for entertainment expenses
of the Agency for International Development during the current
fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES

SEC. 505. Of the funds appropriated or made available pursuant
to this Act, not to exceed $95,000 shall be available for representation allowances for the Agency for International Development during the current fiscal year: Provided, That appropriate steps shall
be taken to assure that, to the maximum extent possible, United
States-owned foreign currencies are utilized in lieu of dollars: Provided further, That of the funds made available by this Act for
general costs of administering military assistance and sales under
the heading ‘‘Foreign Military Financing Program’’, not to exceed
$2,000 shall be available for entertainment expenses and not to
exceed $50,000 shall be available for representation allowances:
Provided further, That of the funds made available by this Act
under the heading ‘‘International Military Education and Training ’’,
not to exceed $50,000 shall be available for entertainment allowances: Provided further, That of the funds made available by this
Act for the Inter-American Foundation, not to exceed $2,000 shall
be available for entertainment and representation allowances: Provided further, That of the funds made available by this Act for
the Peace Corps, not to exceed a total of $4,000 shall be available
for entertainment expenses: Provided further, That of the funds
made available by this Act under the heading ‘‘Trade and Development Agency’’, not to exceed $2,000 shall be available for representation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS

SEC. 506. None of the funds appropriated or made available
(other than funds for ‘‘Nonproliferation, Anti-terrorism, Demining
and Related Programs’’) pursuant to this Act, for carrying out
the Foreign Assistance Act of 1961, may be used, except for purposes
of nuclear safety, to finance the export of nuclear equipment, fuel,
or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance or reparations to Cuba, Iraq, Libya,
North Korea, Iran, Sudan, or Syria: Provided, That for purposes
of this section, the prohibition on obligations or expenditures shall

112 STAT. 2681–171

PUBLIC LAW 105–277—OCT. 21, 1998

include direct loans, credits, insurance and guarantees of the
Export-Import Bank or its agents.
MILITARY COUPS

SEC. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance to any country whose duly elected
head of government is deposed by military coup or decree: Provided,
That assistance may be resumed to such country if the President
determines and reports to the Committees on Appropriations that
subsequent to the termination of assistance a democratically elected
government has taken office.
TRANSFERS BETWEEN ACCOUNTS

SEC. 509. None of the funds made available by this Act may
be obligated under an appropriation account to which they were
not appropriated, except for transfers specifically provided for in
this Act, unless the President, prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations of the House of Representatives and
the Senate: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the Committees
on Appropriations.
DEOBLIGATION/REOBLIGATION AUTHORITY

SEC. 510. (a) Amounts certified pursuant to section 1311 of
the Supplemental Appropriations Act, 1955, as having been obligated against appropriations heretofore made under the authority
of the Foreign Assistance Act of 1961 for the same general purpose
as any of the headings under title II of this Act are, if deobligated,
hereby continued available for the same period as the respective
appropriations under such headings or until September 30, 1999,
whichever is later, and for the same general purpose, and for
countries within the same region as originally obligated: Provided,
That the Appropriations Committees of both Houses of the Congress
are notified 15 days in advance of the reobligation of such funds
in accordance with regular notification procedures of the Committees on Appropriations.
(b) Obligated balances of funds appropriated to carry out section
23 of the Arms Export Control Act as of the end of the fiscal
year immediately preceding the current fiscal year are, if
deobligated, hereby continued available during the current fiscal
year for the same purpose under any authority applicable to such
appropriations under this Act: Provided, That the authority of this
subsection may not be used in fiscal year 1999.
AVAILABILITY OF FUNDS

SEC. 511. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act: Provided, That funds appropriated for the purposes of chapters 1,
8, and 11 of part I, section 667, and chapter 4 of part II of
the Foreign Assistance Act of 1961, as amended, and funds provided
under the heading ‘‘Assistance for Eastern Europe and the Baltic

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–172

States’’, shall remain available until expended if such funds are
initially obligated before the expiration of their respective periods
of availability contained in this Act: Provided further, That, notwithstanding any other provision of this Act, any funds made available
for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available until expended: Provided further, That the report required
by section 653(a) of the Foreign Assistance Act of 1961 shall designate for each country, to the extent known at the time of submission of such report, those funds allocated for cash disbursement
for balance of payment and economic policy reform purposes.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

SEC. 512. No part of any appropriation contained in this Act
shall be used to furnish assistance to any country which is in
default during a period in excess of one calendar year in payment
to the United States of principal or interest on any loan made
to such country by the United States pursuant to a program for
which funds are appropriated under this Act: Provided, That this
section and section 620(q) of the Foreign Assistance Act of 1961
shall not apply to funds made available in this Act or during
the current fiscal year for Nicaragua, Brazil, Liberia, and for any
narcotics-related assistance for Colombia, Bolivia, and Peru authorized by the Foreign Assistance Act of 1961 or the Arms Export
Control Act.
COMMERCE AND TRADE

SEC. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import
Bank and the Overseas Private Investment Corporation shall be
obligated or expended to finance any loan, any assistance or any
other financial commitments for establishing or expanding production of any commodity for export by any country other than the
United States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is expected
to become operative and if the assistance will cause substantial
injury to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of Directors
the benefits to industry and employment in the United States
are likely to outweigh the injury to United States producers of
the same, similar, or competing commodity, and the Chairman
of the Board so notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961 shall be available for any testing or breeding feasibility
study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or
production in a foreign country of an agricultural commodity for
export which would compete with a similar commodity grown or
produced in the United States: Provided, That this subsection shall
not prohibit—

112 STAT. 2681–173

PUBLIC LAW 105–277—OCT. 21, 1998

(1) activities designed to increase food security in developing countries where such activities will not have a significant
impact in the export of agricultural commodities of the United
States; or
(2) research activities intended primarily to benefit American producers.
SURPLUS COMMODITIES

22 USC 262h.

SEC. 514. (a) The Secretary of the Treasury shall instruct
the United States Executive Directors of the International Bank
for Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment Corporation, the North American Development Bank, the European Bank
for Reconstruction and Development, the African Development
Bank, and the African Development Fund to use the voice and
vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to this
Act, for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the assistance
will cause substantial injury to United States producers of the
same, similar, or competing commodity.
(b) The Secretary of the Treasury should instruct the United
States executive directors of international financial institutions
listed in subsection (a) of this section to use the voice and vote
of the United States to support the purchase of American produced
agricultural commodities with funds appropriated or made available
pursuant to this Act.
NOTIFICATION REQUIREMENTS

SEC. 515. (a) For the purposes of providing the executive branch
with the necessary administrative flexibility, none of the funds
made available under this Act for ‘‘Child Survival and Disease
Programs Fund’’, ‘‘Development assistance’’, ‘‘International
Organizations and Programs’’, ‘‘Trade and Development Agency’’,
‘‘International narcotics control and law enforcement’’, ‘‘Assistance
for Eastern Europe and the Baltic States’’, ‘‘Assistance for the
New Independent States of the Former Soviet Union’’, ‘‘Economic
Support Fund’’, ‘‘Peacekeeping operations’’, ‘‘Operating expenses of
the Agency for International Development’’, ‘‘Operating expenses
of the Agency for International Development Office of Inspector
General’’, ‘‘Nonproliferation, anti-terrorism, demining and related
programs’’, ‘‘Foreign Military Financing Program’’, ‘‘International
military education and training ’’, ‘‘Peace Corps’’, ‘‘Migration and
refugee assistance’’, shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to
the Appropriations Committees for obligation under any of these
specific headings unless the Appropriations Committees of both
Houses of Congress are previously notified 15 days in advance:
Provided, That the President shall not enter into any commitment
of funds appropriated for the purposes of section 23 of the Arms
Export Control Act for the provision of major defense equipment,
other than conventional ammunition, or other major defense items
defined to be aircraft, ships, missiles, or combat vehicles, not

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–174

previously justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such commitment:
Provided further, That this section shall not apply to any reprogramming for an activity, program, or project under chapter 1 of part
I of the Foreign Assistance Act of 1961 of less than 10 percent
of the amount previously justified to the Congress for obligation
for such activity, program, or project for the current fiscal year:
Provided further, That the requirements of this section or any
similar provision of this Act or any other Act, including any prior
Act requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived
if failure to do so would pose a substantial risk to human health
or welfare: Provided further, That in case of any such waiver,
notification to the Congress, or the appropriate congressional committees, shall be provided as early as practicable, but in no event
later than three days after taking the action to which such notification requirement was applicable, in the context of the circumstances
necessitating such waiver: Provided further, That any notification
provided pursuant to such a waiver shall contain an explanation
of the emergency circumstances.
(b) Drawdowns made pursuant to section 506(a)(2) of the Foreign Assistance Act of 1961 shall be subject to the regular notification procedures of the Committees on Appropriations.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL
ORGANIZATIONS AND PROGRAMS

SEC. 516. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under this Act
or any previously enacted Act making appropriations for foreign
operations, export financing, and related programs, which are
returned or not made available for organizations and programs
because of the implementation of section 307(a) of the Foreign
Assistance Act of 1961, shall remain available for obligation until
September 30, 2000: Provided,That section 307(a) of the Foreign
Assistance Act of 1961, is amended by inserting before the period
at the end thereof ‘‘, or at the discretion of the President, Communist
countries listed in section 620(f) of this Act’’.

22 USC 2227.

NEW INDEPENDENT STATES OF THE FORMER SOVIET UNION

SEC. 517. (a) None of the funds appropriated under the heading
‘‘Assistance for the New Independent States of the Former Soviet
Union’’ shall be made available for assistance for a Government
of the New Independent States of the former Soviet Union—
(1) unless that Government is making progress in
implementing comprehensive economic reforms based on market principles, private ownership, respect for commercial contracts, and equitable treatment of foreign private investment;
and
(2) if that Government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or ventures.
Assistance may be furnished without regard to this subsection
if the President determines that to do so is in the national interest.
(b) None of the funds appropriated under the heading ‘‘Assistance for the New Independent States of the Former Soviet Union’’

22 USC 5814
note.

112 STAT. 2681–175

PUBLIC LAW 105–277—OCT. 21, 1998

shall be made available for assistance for a Government of the
New Independent States of the former Soviet Union if that government directs any action in violation of the territorial integrity
or national sovereignty of any other new independent state, such
as those violations included in the Helsinki Final Act: Provided,
That such funds may be made available without regard to the
restriction in this subsection if the President determines that to
do so is in the national security interest of the United States.
(c) None of the funds appropriated under the heading ‘‘Assistance for the New Independent States of the Former Soviet Union’’
shall be made available for any state to enhance its military capability: Provided, That this restriction does not apply to demilitarization, demining or nonproliferation programs.
(d) Funds appropriated under the heading ‘‘Assistance for the
New Independent States of the Former Soviet Union’’ shall be
subject to the regular notification procedures of the Committees
on Appropriations.
(e) Funds made available in this Act for assistance to the
New Independent States of the former Soviet Union shall be subject
to the provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts
that are or have been made available for an Enterprise Fund
in the New Independent States of the Former Soviet Union may
be deposited by such Fund in interest-bearing accounts prior to
the disbursement of such funds by the Fund 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.
(g) In issuing new task orders, entering into contracts, or making grants, with funds appropriated in this Act or prior appropriations Acts under the heading ‘‘Assistance for the New Independent
States of the Former Soviet Union’’ for projects or activities that
have as one of their primary purposes the fostering of private
sector development, the Coordinator for United States Assistance
to the New Independent States and the implementing agency shall
encourage the participation of and give significant weight to contractors and grantees who propose investing a significant amount of
their own resources (including volunteer services and in-kind contributions) in such projects and activities.
(h)(1) WITHHOLDING OF ASSISTANCE.—None of the funds appropriated by this Act may be made available for assistance for the
Government of the Russian Federation, after 180 days from the
date of enactment of this Act, until agreement has been reached
that assistance provided with funds appropriated by this Act will
not be subject to customs duties or that legislation has been enacted
and is in force that exempts such assistance from being subject
to customs duties.
(2) WAIVER.—Notwithstanding paragraph (1), assistance may
be provided for the Government of the Russian Federation if the
President determines that significant progress has been made on
reaching an agreement, or enacting and enforcing legislation, that
meets the objectives of this section to provide exemption from
customs duties for assistance furnished under this Act.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–176

PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY
STERILIZATION

SEC. 518. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
used to pay for the performance of abortions as a method of family
planning or to motivate or coerce any person to practice abortions.
None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for the
performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person
to undergo sterilizations. None of the funds made available to
carry out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for any biomedical research which relates
in whole or in part, to methods of, or the performance of, abortions
or involuntary sterilization as a means of family planning. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended
for any country or organization if the President certifies that the
use of these funds by any such country or organization would
violate any of the above provisions related to abortions and involuntary sterilizations: Provided, That none of the funds made available
under this Act may be used to lobby for or against abortion.
EXCESS DEFENSE ARTICLES FOR CENTRAL EUROPEAN COUNTRIES

SEC. 519. Section 105 of Public Law 104–164 (110 Stat. 1427)
is amended by striking ‘‘1996 and 1997’’ and inserting ‘‘1999 and
2000’’.
SPECIAL NOTIFICATION REQUIREMENTS

SEC. 520. None of the funds appropriated by this Act shall
be obligated or expended for Colombia, Honduras, Haiti, Liberia,
Pakistan, Serbia, Sudan, or the Democratic Republic of Congo
except as provided through the regular notification procedures of
the Committees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

SEC. 521. For the purpose of this Act, ‘‘program, project, and
activity’’ shall be defined at the appropriations Act account level
and shall include all appropriations and authorizations Acts earmarks, ceilings, and limitations with the exception that for the
following accounts: Economic Support Fund and Foreign Military
Financing Program, ‘‘program, project, and activity’’ shall also be
considered to include country, regional, and central program level
funding within each such account; for the development assistance
accounts of the Agency for International Development ‘‘program,
project, and activity’’ shall also be considered to include central
program level funding, either as: (1) justified to the Congress;
or (2) allocated by the executive branch in accordance with a report,
to be provided to the Committees on Appropriations within 30
days of enactment of this Act, as required by section 653(a) of
the Foreign Assistance Act of 1961.

112 STAT. 2681–177

PUBLIC LAW 105–277—OCT. 21, 1998
CHILD SURVIVAL, AIDS, AND OTHER ACTIVITIES

SEC. 522. Up to $10,000,000 of the funds made available by
this Act for assistance for family planning, health, child survival,
basic education, AIDS and other infectious diseases, may be used
to reimburse United States Government agencies, agencies of State
governments, institutions of higher learning, and private and voluntary organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or assigned to,
or contracted by, as the case may be, the Agency for International
Development for the purpose of carrying out family planning activities, child survival, and basic education activities, and activities
relating to research on, and the prevention, treatment and control
of acquired immune deficiency syndrome or other diseases in developing countries: Provided, That funds appropriated by this Act
that are made available for child survival activities or disease
programs including activities relating to research on, and the
prevention, treatment and control of, acquired immune deficiency
syndrome may be made available notwithstanding any provision
of law that restricts assistance to foreign countries: Provided further, That funds appropriated under title II of this Act may be
made available pursuant to section 301 of the Foreign Assistance
Act of 1961 if a primary purpose of the assistance is for child
survival and related programs: Provided further, That funds appropriated by this Act that are made available for family planning
activities may be made available notwithstanding section 512 of
this Act and section 620(q) of the Foreign Assistance Act of 1961.
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES

SEC. 523. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated to finance indirectly
any assistance or reparations to Cuba, Iraq, Libya, Iran, Syria,
North Korea, or the People’s Republic of China, unless the President
of the United States certifies that the withholding of these funds
is contrary to the national interest of the United States.
RECIPROCAL LEASING

22 USC 2796.

SEC. 524. Section 61(a) of the Arms Export Control Act is
amended by striking out ‘‘1998’’ and inserting in lieu thereof ‘‘the
current fiscal year’’.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

SEC. 525. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees
on Appropriations to the same extent and under the same conditions
as are other committees pursuant to subsection (c) of that section:
Provided, That before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees:
Provided further, That such Committees shall also be informed
of the original acquisition cost of such defense articles.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–178

AUTHORIZATION REQUIREMENT

SEC. 526. Funds appropriated by this Act may be obligated
and expended notwithstanding section 10 of Public Law 91–672
and section 15 of the State Department Basic Authorities Act of
1956.
DEMOCRACY IN CHINA

SEC. 527. Notwithstanding any other provision of law that
restricts assistance to foreign countries, funds appropriated by this
Act for ‘‘Economic Support Fund’’ may be made available to provide
general support for nongovernmental organizations located outside
the People’s Republic of China that have as their primary purpose
fostering democracy in that country, and for activities of nongovernmental organizations located outside the People’s Republic of China
to foster democracy in that country: Provided, That none of the
funds made available for activities to foster democracy in the People’s Republic of China may be made available for assistance to
the government of that country.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

SEC. 528. (a) Notwithstanding any other provision of law, funds
appropriated for bilateral assistance under any heading of this
Act and funds appropriated under any such heading in a provision
of law enacted prior to enactment of this Act, shall not be made
available to any country which the President determines—
(1) grants sanctuary from prosecution to any individual
or group which has committed an act of international terrorism,
or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a)
to a country if the President determines that national security
or humanitarian reasons justify such waiver. The President shall
publish each waiver in the Federal Register and, at least fifteen
days before the waiver takes effect, shall notify the Committees
on Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification procedures
of the Committees on Appropriations.

Federal Register,
publication.

COMMERCIAL LEASING OF DEFENSE ARTICLES

SEC. 529.Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt
and NATO and major non-NATO allies for the procurement by
leasing (including leasing with an option to purchase) of defense
articles from United States commercial suppliers, not including
Major Defense Equipment (other than helicopters and other types
of aircraft having possible civilian application), if the President
determines that there are compelling foreign policy or national
security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.

22 USC 2763
note.

112 STAT. 2681–179

PUBLIC LAW 105–277—OCT. 21, 1998
COMPETITIVE INSURANCE

SEC. 530. All Agency for International Development contracts
and solicitations, and subcontracts entered into under such contracts, shall include a clause requiring that United States insurance
companies have a fair opportunity to bid for insurance when such
insurance is necessary or appropriate.
STINGERS IN THE PERSIAN GULF REGION

SEC. 531. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act, 1990, the United States may not sell or otherwise make
available any Stingers to any country bordering the Persian Gulf
under the Arms Export Control Act or chapter 2 of part II of
the Foreign Assistance Act of 1961.
DEBT-FOR-DEVELOPMENT

SEC. 532. In order to enhance the continued participation of
nongovernmental organizations in economic assistance activities
under the Foreign Assistance Act of 1961, including endowments,
debt-for-development and debt-for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the Agency
for International Development may place in interest bearing
accounts funds made available under this Act or prior Acts or
local currencies which accrue to that organization as a result of
economic assistance provided under title II of this Act and any
interest earned on such investment shall be used for the purpose
for which the assistance was provided to that organization.
SEPARATE ACCOUNTS

22 USC 2362
note.

SEC. 533. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—
(1) If assistance is furnished to the government of a foreign country
under chapters 1 and 10 of part I or chapter 4 of part II of
the Foreign Assistance Act of 1961 under agreements which result
in the generation of local currencies of that country, the Administrator of the Agency for International Development shall—
(A) require that local currencies be deposited in a separate
account established by that government;
(B) enter into an agreement with that government which
sets forth—
(i) the amount of the local currencies to be generated,
and
(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this
section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development
and that government to monitor and account for deposits into
and disbursements from the separate account.
(2) USES OF LOCAL CURRENCIES.—As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only—
(A) to carry out chapters 1 or 10 of part I or chapter
4 of part II (as the case may be), for such purposes as—
(i) project and sector assistance activities, or

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–180

(ii) debt and deficit financing, or
(B) for the administrative requirements of the United
States Government.
(3) PROGRAMMING ACCOUNTABILITY.—The Agency for International Development shall take all necessary steps to ensure that
the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant
to subsection (a)(1) are used for the purposes agreed upon pursuant
to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination
of assistance to a country under chapters 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account established
pursuant to subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country and the
United States Government.
(5) CONFORMING AMENDMENTS.—The tenth and eleventh provisos contained under the heading ‘‘Sub-Saharan Africa, Development
Assistance’’ as included in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 and sections
531(d) and 609 of the Foreign Assistance Act of 1961 are repealed.
(6) REPORTING REQUIREMENT.—The Administrator of the
Agency for International Development shall report on an annual
basis as part of the justification documents submitted to the
Committees on Appropriations on the use of local currencies for
the administrative requirements of the United States Government
as authorized in subsection (a)(2)(B), and such report shall include
the amount of local currency (and United States dollar equivalent)
used and/or to be used for such purpose in each applicable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1) If assistance is made available to the government of a foreign country,
under chapters 1 or 10 of part I or chapter 4 of part II of the
Foreign Assistance Act of 1961, as cash transfer assistance or
as nonproject sector assistance, that country shall be required to
maintain such funds in a separate account and not commingle
them with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance including
provisions which are referenced in the Joint Explanatory Statement
of the Committee of Conference accompanying House Joint Resolution 648 (H. Report No. 98–1159).
(3) NOTIFICATION.—At least fifteen days prior to obligating
any such cash transfer or nonproject sector assistance, the President
shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include
a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests
that will be served by the assistance (including, as appropriate,
a description of the economic policy reforms that will be promoted
by such assistance).
(4) EXEMPTION.—Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the notification procedures of the Committees on Appropriations.

22 USC 2346,
2359.

112 STAT. 2681–181

PUBLIC LAW 105–277—OCT. 21, 1998

COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO
INTERNATIONAL FINANCIAL INSTITUTIONS

SEC. 534. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while the
United States Executive Director to such institution is compensated
by the institution at a rate which, together with whatever compensation such Director receives from the United States, is in
excess of the rate provided for an individual occupying a position
at level IV of the Executive Schedule under section 5315 of title
5, United States Code, or while any alternate United States Director
to such institution is compensated by the institution at a rate
in excess of the rate provided for an individual occupying a position
at level V of the Executive Schedule under section 5316 of title
5, United States Code.
(b) For purposes of this section, ‘‘international financial institutions’’ are: the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the Asian Development Fund, the African Development
Bank, the African Development Fund, the International Monetary
Fund, the North American Development Bank, and the European
Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ

50 USC 1701
note.

SEC. 535. None of the funds appropriated or otherwise made
available pursuant to this Act to carry out the Foreign Assistance
Act of 1961 (including title IV of chapter 2 of part I, relating
to the Overseas Private Investment Corporation) or the Arms
Export Control Act may be used to provide assistance to any country
that is not in compliance with the United Nations Security Council
sanctions against Iraq unless the President determines and so
certifies to the Congress that—
(1) such assistance is in the national interest of the United
States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES

22 USC 2762
note.

SEC. 536. Direct costs associated with meeting a foreign customer’s additional or unique requirements will continue to be allowable under contracts under section 22(d) of the Arms Export Control
Act. Loadings applicable to such direct costs shall be permitted
at the same rates applicable to procurement of like items purchased
by the Department of Defense for its own use.
AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMERICAN FOUNDATION, THE AFRICAN DEVELOPMENT FOUNDATION AND THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT

SEC. 537. (a) Unless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in
prior Acts authorizing or making appropriations for foreign operations, export financing, and related programs, shall not be construed to prohibit activities authorized by or conducted under the
Peace Corps Act, the Inter-American Foundation Act, or the African

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–182

Development Foundation Act. The appropriate agency shall
promptly report to the Committees on Appropriations whenever
it is conducting activities or is proposing to conduct activities in
a country for which assistance is prohibited.
(b) Unless expressly provided to the contrary, limitations on
the availability of funds for ‘‘International Organizations and Programs’’ in this or any other Act, including prior appropriations
Acts, shall not be construed to be applicable to the International
Fund for Agricultural Development.
IMPACT ON JOBS IN THE UNITED STATES

SEC. 538. None of the funds appropriated by this Act may
be obligated or expended to provide—
(a) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing
such an enterprise to relocate outside the United States if
such incentive or inducement is likely to reduce the number
of employees of such business enterprise in the United States
because United States production is being replaced by such
enterprise outside the United States;
(b) assistance for the purpose of establishing or developing
in a foreign country any export processing zone or designated
area in which the tax, tariff, labor, environment, and safety
laws of that country do not apply, in part or in whole, to
activities carried out within that zone or area, unless the President determines and certifies that such assistance is not likely
to cause a loss of jobs within the United States; or
(c) assistance for any project or activity that contributes
to the violation of internationally recognized workers rights,
as defined in section 502(a)(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone
or area in that country: Provided, That in recognition that
the application of this subsection should be commensurate with
the level of development of the recipient country and sector,
the provisions of this subsection shall not preclude assistance
for the informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
SERBIA-MONTENEGRO AND KOSOVA

SEC. 539.(a) RESTRICTIONS.—None of the funds in this or any
other Act may be made available to modify or remove any sanction,
prohibition or requirement with respect to Serbia-Montenegro
unless the President first submits to the Congress a certification
described in subsection (c).
(b) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of
the Treasury shall instruct the United States executive directors
of the international financial institutions to work in opposition
to, and vote against, any extension by such institutions of any
financial or technical assistance or grants of any kind to the government of Serbia-Montenegro, unless the President first submits to
the Congress a certification described in subsection (c).
(c) CERTIFICATION.—A certification described in this subsection
is a certification that—
(1) there is substantial improvement in the human rights
situation in Kosova;

50 USC 1701
note.

112 STAT. 2681–183

PUBLIC LAW 105–277—OCT. 21, 1998

(2) international human rights observers are allowed to
return to Kosova;
(3) Serbian, Serbian-Montenegrin federal government officials, and representatives of the ethnic Albanian community
in Kosova have agreed on and begun implementation of a
negotiated settlement on the future status of Kosova; and
(4) the government of Serbia-Montenegro is fully complying
with its obligations as a signatory to the General Framework
Agreement for Peace in Bosnia-Herzegovina including fully
cooperating with the International Criminal Tribunal for the
Former Yugoslavia.
(d) WAIVER AUTHORITY.—The President may waive the application, in whole or in part, of subsections (a) and (b) if he certifies
in writing to the Congress that the waiver is necessary to meet
emergency humanitarian needs or to advance negotiations toward
a peaceful settlement of the conflict in Kosova that is acceptable
to the parties.
(e) EXEMPTION FOR MONTENEGRO.—This section shall not apply
to Montenegro.
SPECIAL AUTHORITIES

SEC. 540. (a) Funds appropriated in titles I and II of this
Act that are made available for Afghanistan, Lebanon, Montenegro,
and for victims of war, displaced children, displaced Burmese,
humanitarian assistance for Romania, and humanitarian assistance
for the peoples of Kosova, may be made available notwithstanding
any other provision of law.
(b) Funds appropriated by this Act to carry out the provisions
of sections 103 through 106 of the Foreign Assistance Act of 1961
may be used, notwithstanding any other provision of law, for the
purpose of supporting tropical forestry and biodiversity conservation
activities and, subject to the regular notification procedures of the
Committees on Appropriations, energy programs aimed at reducing
greenhouse gas emissions: Provided, That such assistance shall
be subject to sections 116, 502B, and 620A of the Foreign Assistance
Act of 1961.
(c) The Agency for International Development may employ personal services contractors, notwithstanding any other provision of
law, for the purpose of administering programs for the West Bank
and Gaza.
(d)(1) WAIVER.—The President may waive the provisions of
section 1003 of Public Law 100–204 if the President determines
and certifies in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate that it is important to the national security interests of the United States.
(2) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to paragraph (1) shall be effective for no more than a period of
six months at a time and shall not apply beyond twelve months
after enactment of this Act.
POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT OF ISRAEL

SEC. 541. It is the sense of the Congress that—
(1) the Arab League countries should immediately and
publicly renounce the primary boycott of Israel and the secondary and tertiary boycott of American firms that have commercial ties with Israel;

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–184

(2) the decision by the Arab League in 1997 to reinstate
the boycott against Israel was deeply troubling and disappointing;
(3) the Arab League should immediately rescind its decision
on the boycott and its members should develop normal relations
with their neighbor Israel; and
(4) the President should—
(A) take more concrete steps to encourage vigorously
Arab League countries to renounce publicly the primary
boycotts of Israel and the secondary and tertiary boycotts
of American firms that have commercial relations with
Israel as a confidence-building measure;
(B) take into consideration the participation of any
recipient country in the primary boycott of Israel and the
secondary and tertiary boycotts of American firms that
have commercial relations with Israel when determining
whether to sell weapons to said country;
(C) report to Congress on the specific steps being taken
by the President to bring about a public renunciation of
the Arab primary boycott of Israel and the secondary and
tertiary boycotts of American firms that have commercial
relations with Israel and to expand the process of normalizing ties between Arab League countries and Israel; and
(D) encourage the allies and trading partners of the
United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses that
do comply.
ANTI-NARCOTICS ACTIVITIES

SEC. 542. (a) Of the funds appropriated by this Act for ‘‘Economic Support Fund’’, assistance may be provided to strengthen
the administration of justice in countries in Latin America and
the Caribbean and in other regions consistent with the provisions
of section 534(b) of the Foreign Assistance Act of 1961, except
that programs to enhance protection of participants in judicial
cases may be conducted notwithstanding section 660 of that Act.
(b) Funds made available pursuant to this section may be
made available notwithstanding section 534(c) and the second and
third sentences of section 534(e) of the Foreign Assistance Act
of 1961.
ELIGIBILITY FOR ASSISTANCE

SEC. 543. (a) ASSISTANCE THROUGH NONGOVERNMENTAL
ORGANIZATIONS.—Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of nongovernmental
organizations from funds appropriated by this Act to carry out
the provisions of chapters 1, 10, and 11 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961, and from funds
appropriated under the heading ‘‘Assistance for Eastern Europe
and the Baltic States’’: Provided, That the President shall take
into consideration, in any case in which a restriction on assistance
would be applicable but for this subsection, whether assistance
in support of programs of nongovernmental organizations is in
the national interest of the United States: Provided further, That
before using the authority of this subsection to furnish assistance

112 STAT. 2681–185

PUBLIC LAW 105–277—OCT. 21, 1998

in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropriations under the regular notification procedures of those committees, including a description of the program to be assisted, the assistance to be provided,
and the reasons for furnishing such assistance: Provided further,
That nothing in this subsection shall be construed to alter any
existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 1999, restrictions contained in this or any other Act with respect to assistance for
a country shall not be construed to restrict assistance under the
Agricultural Trade Development and Assistance Act of 1954: Provided, That none of the funds appropriated to carry out title I
of such Act and made available pursuant to this subsection may
be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign Assistance
Act or any comparable provision of law prohibiting assistance
to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that violate internationally recognized
human rights.
EARMARKS

SEC. 544. (a) Funds appropriated by this Act which are earmarked may be reprogrammed for other programs within the same
account notwithstanding the earmark if compliance with the earmark is made impossible by operation of any provision of this
or any other Act or, with respect to a country with which the
United States has an agreement providing the United States with
base rights or base access in that country, if the President determines that the recipient for which funds are earmarked has significantly reduced its military or economic cooperation with the United
States since enactment of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1991; however, before
exercising the authority of this subsection with regard to a base
rights or base access country which has significantly reduced its
military or economic cooperation with the United States, the President shall consult with, and shall provide a written policy justification to the Committees on Appropriations: Provided, That any such
reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall
be made available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection (a),
the original period of availability of funds appropriated by this
Act and administered by the Agency for International Development
that are earmarked for particular programs or activities by this
or any other Act shall be extended for an additional fiscal year
if the Administrator of such agency determines and reports
promptly to the Committees on Appropriations that the termination
of assistance to a country or a significant change in circumstances
makes it unlikely that such earmarked funds can be obligated
during the original period of availability: Provided, That such

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–186

earmarked funds that are continued available for an additional
fiscal year shall be obligated only for the purpose of such earmark.
CEILINGS AND EARMARKS

SEC. 545. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or otherwise
made available by any subsequent Act unless such Act specifically
so directs. Earmarks or minimum funding requirements contained
in any other Act shall not be applicable to funds appropriated
by this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA

SEC. 546. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the
United States not authorized before the date of enactment of this
Act by the Congress: Provided, That not to exceed $750,000 may
be made available to carry out the provisions of section 316 of
Public Law 96–533.
PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS

SEC. 547. (a) To the maximum extent possible, assistance provided under this Act should make full use of American resources,
including commodities, products, and services.
(b) It is the sense of the Congress that, to the greatest extent
practicable, all agriculture commodities, equipment and products
purchased with funds made available in this Act should be American-made.
(c) 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 (b) by the Congress.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

SEC. 548. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance Act
of 1961, may be used to pay in whole or in part any assessments,
arrearages, or dues of any member of the United Nations.
CONSULTING SERVICES

SEC. 549. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, 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
pursuant to existing law.
PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION

SEC. 550. None of the funds appropriated or made available
pursuant to this Act shall be available to a private voluntary
organization which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of
the Agency for International Development.

112 STAT. 2681–187

PUBLIC LAW 105–277—OCT. 21, 1998

PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING
INTERNATIONAL TERRORISM

SEC. 551. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign government which provides lethal military equipment to a country the
government of which the Secretary of State has determined is
a terrorist government for purposes of section 40(d) of the Arms
Export Control Act or any other comparable provision of law. The
prohibition under this section with respect to a foreign government
shall terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to lethal
military equipment provided under a contract entered into after
October 1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines
that furnishing such assistance is important to the national
interests of the United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional committees
a report with respect to the furnishing of such assistance. Any
such report shall include a detailed explanation of the assistance
estimated to be provided, including the estimated dollar amount
of such assistance, and an explanation of how the assistance furthers United States national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED BY FOREIGN
COUNTRIES

SEC. 552. (a) IN GENERAL.—Of the funds made available for
a foreign country under part I of the Foreign Assistance Act of
1961, an amount equivalent to 110 percent of the total unpaid
fully adjudicated parking fines and penalties owed to the District
of Columbia by such country as of the date of enactment of this
Act shall be withheld from obligation for such country until the
Secretary of State certifies and reports in writing to the appropriate
congressional committees that such fines and penalties are fully
paid to the government of the District of Columbia.
(b) DEFINITION.—For purposes of this section, the term ‘‘appropriate congressional committees’’ means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND
GAZA

SEC. 553. None of the funds appropriated by this Act may
be obligated for assistance for the Palestine Liberation Organization
for the West Bank and Gaza unless the President has exercised
the authority under section 604(a) of the Middle East Peace Facilitation Act of 1995 (title VI of Public Law 104–107) or any other
legislation to suspend or make inapplicable section 307 of the Foreign Assistance Act of 1961 and that suspension is still in effect:
Provided, That if the President fails to make the certification under
section 604(b)(2) of the Middle East Peace Facilitation Act of 1995
or to suspend the prohibition under other legislation, funds

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–188

appropriated by this Act may not be obligated for assistance for
the Palestine Liberation Organization for the West Bank and Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN

SEC. 554. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may
direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961, as amended, of up to $30,000,000 of commodities
and services for the United Nations War Crimes Tribunal established with regard to the former Yugoslavia by the United Nations
Security Council or such other tribunals or commissions as the
Council may establish to deal with such violations, without regard
to the ceiling limitation contained in paragraph (2) thereof: Provided, That the determination required under this section shall
be in lieu of any determinations otherwise required under section
552(c): Provided further, That sixty days after the date of enactment
of this Act, and every one hundred eighty days thereafter, the
Secretary of State shall submit a report to the Committees on
Appropriations describing the steps the United States Government
is taking to collect information regarding allegations of genocide
or other violations of international law in the former Yugoslavia
and to furnish that information to the United Nations War Crimes
Tribunal for the former Yugoslavia: Provided further, That the
drawdown made under this section for any tribunal shall not be
construed as an endorsement or precedent for the establishment
of any standing or permanent international criminal tribunal or
court: Provided further, That funds made available for tribunals
or commissions other than for Yugoslavia or Rwanda shall be made
available subject to the regular notification procedures of the Committees on Appropriations.
LANDMINES

SEC. 555. Notwithstanding any other provision of law, demining
equipment available to the Agency for International Development
and the Department of State and used in support of the clearance
of landmines and unexploded ordnance for humanitarian purposes
may be disposed of on a grant basis in foreign countries, subject
to such terms and conditions as the President may prescribe.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

SEC. 556. None of the funds appropriated by this Act may
be obligated or expended to create in any part of Jerusalem a
new office of any department or agency of the United States Government for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho
or any successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That meetings
between officers and employees of the United States and officials
of the Palestinian Authority, or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of Principles,
for the purpose of conducting official United States Government
business with such authority should continue to take place in

22 USC 2656
note.

112 STAT. 2681–189

PUBLIC LAW 105–277—OCT. 21, 1998

locations other than Jerusalem. As has been true in the past,
officers and employees of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

SEC. 557. None of the funds appropriated or otherwise made
available by this Act under the heading ‘‘International Military
Education and Training ’’ or ‘‘Foreign Military Financing Program’’
for Informational Program activities may be obligated or expended
to pay for—
(1) alcoholic beverages;
(2) food (other than food provided at a military installation)
not provided in conjunction with Informational Program trips
where students do not stay at a military installation; or
(3) entertainment expenses for activities that are substantially of a recreational character, including entrance fees at
sporting events and amusement parks.
EQUITABLE ALLOCATION OF FUNDS

SEC. 558. Not more than 17 percent of the funds appropriated
by this Act to carry out the provisions of sections 103 through
106 and chapter 4 of part II of the Foreign Assistance Act of
1961, that are made available for Latin America and the Caribbean
region may be made available, through bilateral and Latin America
and the Caribbean regional programs, to provide assistance for
any country in such region.
SPECIAL DEBT RELIEF FOR THE POOREST

SEC. 559. (a) AUTHORITY TO REDUCE DEBT.—The President
may reduce amounts owed to the United States (or any agency
of the United States) by an eligible country as a result of—
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation for a Latin
American country, 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).
(b) LIMITATIONS.—
(1) The authority provided by subsection (a) may be exercised only to implement multilateral official debt relief ad referendum agreements, commonly referred to as ‘‘Paris Club
Agreed Minutes’’.
(2) The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–190

(3) The authority provided by subsection (a) may be exercised only with respect to countries with heavy debt burdens
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.
(c) CONDITIONS.—The authority provided by subsection (a) may
be exercised only with respect to a country whose government—
(1) does not have an excessive level of military expenditures;
(2) has not repeatedly provided support for acts of international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of internationally recognized human rights; and
(5) is not ineligible for assistance because of the application
of section 527 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995.
(d) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to funds appropriated
by this Act under the heading ‘‘Debt restructuring ’’.
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduction of debt
pursuant to subsection (a) shall not be considered assistance for
purposes of any provision of law limiting assistance to a country.
The authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

SEC. 560.
CELLATION.—

(a) LOANS ELIGIBLE

FOR

SALE, REDUCTION,

OR

CAN-

(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN
LOANS.—Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible
purchaser any concessional loan or portion thereof made before
January 1, 1995, pursuant to the Foreign Assistance Act of
1961, to the government of any eligible country as defined
in section 702(6) of that Act or on receipt of payment from
an eligible purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating—
(A) debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an additional
amount of the local currency of the eligible country, equal
to not less than 40 percent of the price paid for such
debt by such eligible country, or the difference between
the price paid for such debt and the face value of such
debt, to support activities that link conservation and
sustainable use of natural resources with local community
development, and child survival and other child development, in a manner consistent with sections 707 through
710 of the Foreign Assistance Act of 1961, if the sale,
reduction, or cancellation would not contravene any term
or condition of any prior agreement relating to such loan.

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PUBLIC LAW 105–277—OCT. 21, 1998

(2) TERMS AND CONDITIONS.—Notwithstanding any other
provision of law, the President shall, in accordance with this
section, establish the terms and conditions under which loans
may be sold, reduced, or canceled pursuant to this section.
(3) ADMINISTRATION.—The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such agency
shall make an adjustment in its accounts to reflect the sale,
reduction, or cancellation.
(4) LIMITATION.—The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) DEPOSIT OF PROCEEDS.—The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant
to this section shall be deposited in the United States Government
account or accounts established for the repayment of such loan.
(c) ELIGIBLE PURCHASERS.—A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging
in debt-for-equity swaps, debt-for-development swaps, or debt-fornature swaps.
(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section,
of any loan made to an eligible country, the President should
consult with the country concerning the amount of loans to be
sold, reduced, or canceled and their uses for debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(e) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to funds appropriated
by this Act under the heading ‘‘Debt restructuring ’’.
LIMITATION ON ASSISTANCE FOR HAITI

SEC. 561. (a) LIMITATION.—Funds appropriated by this Act
may be made available for assistance for the central Government
of Haiti only if the President reports to the Committee on Appropriations and the Committee on International Relations of the House
of Representatives and the Committee on Appropriations and the
Committee on Foreign Relations of the Senate that the Government
of Haiti—
(1) has completed privatization of (or placed under longterm private management or concession) three major public
entities including the completion of all required incorporating
documents, the transfer of assets, and the eviction of unauthorized occupants of the land or facility;
(2) has re-signed or is implementing the bilateral Repatriation Agreement with the United States and in the preceding
six months that the central Government of Haiti is cooperating
with the United States in halting illegal emigration from Haiti;
(3) is conducting thorough investigations of extrajudicial
and political killings and has made substantial progress in
bringing to justice a person or persons responsible for one
or more extrajudicial or political killings in Haiti, and is

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–192

cooperating with United States authorities and with United
States-funded technical advisors to the Haitian National Police
in such investigations;
(4) has taken action to remove from the Haitian National
Police, national palace and residential guard, ministerial guard,
and any other public security entity or unit of Haiti those
individuals who are credibly alleged to have engaged in or
conspired to conceal gross violations of internationally recognized human rights or credibly alleged to have engaged in
or conspired to engage in narcotics trafficking; and
(5) has ratified or is implementing the maritime counternarcotics agreements signed in October 1997.
(b) AVAILABILITY OF ELECTORAL ASSISTANCE.—The limitation
in subsection (a) shall not apply to funds appropriated by this
Act that are made available to support elections in Haiti if the
President reports to the Congress that the central Government
of Haiti:
(1) has achieved a transparent settlement of the contested
April 1997 elections; and
(2) has made concrete progress on the constitution of a
credible and competent provisional electoral council that is
acceptable to a broad spectrum of political parties and civic
groups.
(c) EXCEPTIONS.—The limitations in subsections (a) and (b)
shall not apply to the provision of—
(1) counter-narcotics assistance, support for the Haitian
National Police’s Special Investigations Unit and anti-corruption programs, the International Criminal Investigative Assistance Program, and assistance in support of Haitian customs
and maritime officials;
(2) food assistance management and support;
(3) assistance for urgent humanitarian needs, such as medical and other supplies and services in support of community
health services, schools, and orphanages; and
(4) not more than $3,000,000 for the development and
support of political parties and civic groups.
(d) WAIVER.—At any time after 150 days from the date of
enactment of this Act, the Secretary of State may waive the requirements contained in subsection (a)(1) if she reports to the Committees
specified in subsection (a) that the Government of Haiti has satisfied
the requirements of subsection (a)(1) with regard to one major
public entity and has satisfied the remaining requirements of subsection (a).
(e) REPORTS.—The Secretary of State shall provide to the
Committees specified in subsection (a) on a quarterly basis—
(1) in consultation with the Secretary of Defense and the
Administrator of the Drug Enforcement Administration, a
report on the status and number of United States personnel
deployed in and around Haiti on Department of Defense, Drug
Enforcement Administration, and United Nations missions,
including displays by functional or operational assignment for
such personnel and the cost to the United States of these
operations; and
(2) the monthly reports, prepared during the previous quarter, of the Organization of American States/United Nations
International Civilian Mission to Haiti (MICIVIH).

112 STAT. 2681–193

PUBLIC LAW 105–277—OCT. 21, 1998

(f) ADMINISTRATION OF JUSTICE ASSISTANCE.—(1) The limitation
in subsection (a) shall not apply to funds appropriated under this
Act that are made available for the Ministry of Justice for the
training of judges if the President determines and reports to the
Committee on Appropriations and the Committee on Foreign Relations of the Senate, and the Committee on Appropriations and
the Committee on International Relations of the House of Representatives, that Haiti’s Minister of Justice—
(A) has demonstrated a commitment to the professionalism
of judicial personnel by consistently placing students graduated
by the Judicial School in appropriate judicial positions and
has made a commitment to share program costs associated
with the Judicial School; and
(B) is making progress in making the judicial branch in
Haiti independent from the executive branch.
(2) The limitation in subsection (a) shall not apply to funds
to support the training of prosecutors, judicial mentoring, legal
assistance, and case management.
REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN REPORT OF
SECRETARY OF STATE

22 USC 2414a
note.

SEC. 562. (a) FOREIGN AID REPORTING REQUIREMENT.—In addition to the voting practices of a foreign country, the report required
to be submitted to Congress under section 406(a) of the Foreign
Relations Authorization Act, fiscal years 1990 and 1991 (22 U.S.C.
2414a), shall include a side-by-side comparison of individual countries’ overall support for the United States at the United Nations
and the amount of United States assistance provided to such country in fiscal year 1998.
(b) UNITED STATES ASSISTANCE.—For purposes of this section,
the term ‘‘United States assistance’’ has the meaning given the
term in section 481(e)(4) of the Foreign Assistance Act of 1961
(22 U.S.C. 2291(e)(4)).
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS
AGENCIES

SEC. 563. (a) PROHIBITION ON VOLUNTARY CONTRIBUTIONS FOR
UNITED NATIONS.—None of the funds appropriated by this
Act may be made available to pay any voluntary contribution of
the United States to the United Nations (including the United
Nations Development Program) if the United Nations implements
or imposes any taxation on any United States persons.
(b) CERTIFICATION REQUIRED FOR DISBURSEMENT OF FUNDS.—
None of the funds appropriated by this Act may be made available
to pay any voluntary contribution of the United States to the
United Nations (including the United Nations Development Program) unless the President certifies to the Congress 15 days in
advance of such payment that the United Nations is not engaged
in any effort to implement or impose any taxation on United States
persons in order to raise revenue for the United Nations or any
of its specialized agencies.
(c) DEFINITIONS.—As used in this section the term ‘‘United
States person’’ refers to—
(1) a natural person who is a citizen or national of the
United States; or

THE

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–194

(2) a corporation, partnership, or other legal entity organized under the United States or any State, territory, possession, or district of the United States.
BURMA LABOR REPORT

SEC. 564. Not later than ninety days after enactment of this
Act, the Secretary of Labor shall provide to the Committees on
Appropriations a report addressing labor practices in Burma: Provided, That the report shall provide comprehensive details on child
labor practices, worker’s rights, forced relocation of laborers, forced
labor performed to support the tourism industry, and forced labor
performed in conjunction with, and in support of, the Yadonna
gas pipeline: Provided further, That the report should address
whether the government is in compliance with international labor
standards: Provided further, That the report should provide details
regarding the United States government’s efforts to address and
correct practices of forced labor in Burma.
HAITI

SEC. 565. The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), for the civilian-led Haitian National Police
and Coast Guard: Provided, That the authority provided by this
section shall be subject to the regular notification procedures of
the Committees on Appropriations.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY

SEC. 566. (a) PROHIBITION OF FUNDS.—None of the funds appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated
or expended with respect to providing funds to the Palestinian
Authority.
(b) WAIVER.—The prohibition included in subsection (a) shall
not apply if the President certifies in writing to the Speaker of
the House of Representatives and the President pro tempore of
the Senate that waiving such prohibition is important to the
national security interests of the United States.
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to subsection (b) shall be effective for no more than a period of
six months at a time and shall not apply beyond twelve months
after enactment of this Act.
LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF CROATIA

SEC. 567. None of the funds appropriated by title II of this
Act may be made available to the Government of Croatia to relocate
the remains of Croatian Ustashe soldiers, at the site of the World
War II concentration camp at Jasenovac, Croatia.
LIMITATION ON ASSISTANCE TO SECURITY FORCES

SEC. 568. None of the funds made available by this Act may
be provided to any unit of the security forces of a foreign country
if the Secretary of State has credible evidence that such unit has
committed gross violations of human rights, unless the Secretary
determines and reports to the Committees on Appropriations that

112 STAT. 2681–195

PUBLIC LAW 105–277—OCT. 21, 1998

the government of such country is taking effective measures to
bring the responsible members of the security forces unit to justice:
Provided, That nothing in this section shall be construed to withhold
funds made available by this Act from any unit of the security
forces of a foreign country not credibly alleged to be involved in
gross violations of human rights: Provided further, That in the
event that funds are withheld from any unit pursuant to this
section, the Secretary of State shall promptly inform the foreign
government of the basis for such action and shall, to the maximum
extent practicable, assist the foreign government in taking effective
measures to bring the responsible members of the security forces
to justice.
LIMITATIONS ON TRANSFER OF MILITARY EQUIPMENT TO EAST TIMOR

SEC. 569. In any agreement for the sale, transfer, or licensing
of any lethal equipment or helicopter for Indonesia entered into
by the United States pursuant to the authority of this Act or
any other Act, the agreement shall state that the United States
expects that the items will not be used in East Timor: Provided,
That nothing in this section shall be construed to limit Indonesia’s
inherent right to legitimate national self-defense as recognized
under the United Nations Charter and international law.
RESTRICTIONS ON ASSISTANCE TO COUNTRIES PROVIDING SANCTUARY
TO INDICTED WAR CRIMINALS

SEC. 570. (a) BILATERAL ASSISTANCE.—None of the funds made
available by this or any prior Act making appropriations for foreign
operations, export financing and related programs, may be provided
for any country, entity or canton described in subsection (e).
(b) MULTILATERAL ASSISTANCE.—
(1) PROHIBITION.—The Secretary of the Treasury shall
instruct the United States executive directors of the international financial institutions to work in opposition to, and
vote against, any extension by such institutions of any financial
or technical assistance or grants of any kind to any country
or entity described in subsection (e).
(2) NOTIFICATION.—Not less than 15 days before any vote
in an international financial institution regarding the extension
of financial or technical assistance or grants to any country
or entity described in subsection (e), the Secretary of the Treasury, in consultation with the Secretary of State, shall provide
to the Committee on Appropriations and the Committee on
Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Banking and Financial Services
of the House of Representatives a written justification for the
proposed assistance, including an explanation of the United
States position regarding any such vote, as well as a description
of the location of the proposed assistance by municipality, its
purpose, and its intended beneficiaries.
(3) DEFINITION.—The term ‘‘international financial institution’’ includes the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance
Corporation, the Multilateral Investment Guaranty Agency, and
the European Bank for Reconstruction and Development.
(c) EXCEPTIONS.—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–196

(1) IN GENERAL.—Subject to paragraph (2), subsections (a)
and (b) shall not apply to the provision of—
(A) humanitarian assistance;
(B) democratization assistance;
(C) assistance for cross border physical infrastructure
projects involving activities in both a sanctioned country,
entity, or canton and a nonsanctioned contiguous country,
entity, or canton, if the project is primarily located in
and primarily benefits the nonsanctioned country, entity,
or canton and if the portion of the project located in the
sanctioned country, entity, or canton is necessary only to
complete the project;
(D) small-scale assistance projects or activities
requested by United States Armed Forces that promote
good relations between such forces and the officials and
citizens of the areas in the United States SFOR sector
of Bosnia;
(E) implementation of the Brcko Arbitral Decision;
(F) lending by the international financial institutions
to a country or entity to support common monetary and
fiscal policies at the national level as contemplated by
the Dayton Agreement; or
(G) direct lending to a non-sanctioned entity, or lending
passed on by the national government to a non-sanctioned
entity.
(H) assistance to the International Police Task Force
for the training of a civilian police force.
(2) NOTIFICATION.—Every 30 days the Secretary of State,
in consultation with the Administrator of the Agency for International Development, shall publish in the Federal Register
and/or in a comparable publicly accessible document or internet
site, a listing and justification of any assistance that is obligated
within that period of time for any country, entity, or canton
described in subsection (e), including a description of the purpose of the assistance, project and its location, by municipality.
(d) FURTHER LIMITATIONS.—Notwithstanding subsection (c)—
(1) no assistance may be made available by this Act, or
any prior Act making appropriations for foreign operations,
export financing and related programs, in any country, entity,
or canton described in subsection (e), for a program, project,
or activity in which a publicly indicted war criminal is known
to have any financial or material interest; and
(2) no assistance (other than emergency foods or medical
assistance or demining assistance) may be made available by
this Act, or any prior Act making appropriations for foreign
operations, export financing and related programs for any program, project, or activity in a community within any country,
entity or canton described in subsection (e) if competent authorities within that community are not complying with the provisions of Article IX and Annex 4, Article II, paragraph 8 of
the Dayton Agreement relating to war crimes and the Tribunal.
(e) SANCTIONED COUNTRY, ENTITY, OR CANTON.—A sanctioned
country, entity, or canton described in this section is one whose
competent authorities have failed, as determined by the Secretary
of State, to take necessary and significant steps to apprehend
and transfer to the Tribunal all persons who have been publicly
indicted by the Tribunal.

Federal Register,
publication.

112 STAT. 2681–197

PUBLIC LAW 105–277—OCT. 21, 1998

(f) WAIVER.—
(1) IN GENERAL.—The Secretary of State may waive the
application of subsection (a) or subsection (b) with respect to
specified bilateral programs or international financial institution projects or programs in a sanctioned country, entity, or
canton upon providing a written determination to the Committee on Appropriations and the Committee on Foreign Relations
of the Senate and the Committee on Appropriations and the
Committee on International Relations of the House of Representatives that such assistance directly supports the
implementation of the Dayton Agreement and its Annexes,
which include the obligation to apprehend and transfer indicted
war criminals to the Tribunal.
(2) REPORT.—Not later than 15 days after the date of
any written determination under paragraph (1) the Secretary
of State shall submit a report to the Committee on Appropriations and the Committee on Foreign Relations of the Senate
and the Committee on Appropriations and the Committee on
International Relations of the House of Representatives regarding the status of efforts to secure the voluntary surrender
or apprehension and transfer of persons indicted by the Tribunal, in accordance with the Dayton Agreement, and outlining
obstacles to achieving this goal; and
(3) ASSISTANCE PROGRAMS AND PROJECTS AFFECTED.—Any
waiver made pursuant to this subsection shall be effective
only with respect to a specified bilateral program or multilateral
assistance project or program identified in the determination
of the Secretary of State to Congress.
(g) TERMINATION OF SANCTIONS.—The sanctions imposed pursuant to subsections (a) and (b) with respect to a country or entity
shall cease to apply only if the Secretary of State determines
and certifies to Congress that the authorities of that country, entity,
or canton have apprehended and transferred to the Tribunal all
persons who have been publicly indicted by the Tribunal.
(h) DEFINITIONS.—As used in this section—
(1) COUNTRY.—The term ‘‘country’’ means BosniaHerzegovina, Croatia, Serbia, and Montenegro.
(2) ENTITY.—The term ‘‘entity’’ refers to the Federation
of Bosnia and Herzegovina and the Republika Srpska.
(3) CANTON.—The term ‘‘canton’’ means the administrative
units in Bosnia and Herzegovina.
(4) DAYTON AGREEMENT.—The term ‘‘Dayton Agreement’’
means the General Framework Agreement for Peace in Bosnia
and Herzegovina, together with annexes relating thereto, done
at Dayton, November 10 through 16, 1995.
(5) TRIBUNAL.—The term ‘‘Tribunal’’ means the International Criminal Tribunal for the Former Yugoslavia.
(i) ROLE OF HUMAN RIGHTS ORGANIZATIONS AND GOVERNMENT
AGENCIES.—In carrying out this section, the Secretary of State,
the Administrator of the Agency for International Development,
and the executive directors of the international financial institutions
shall consult with representatives of human rights organizations
and all government agencies with relevant information to help
prevent publicly indicted war criminals from benefitting from any
financial or technical assistance or grants provided to any country
or entity described in subsection (e).

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–198

ADDITIONAL REQUIREMENTS RELATING TO STOCKPILING OF DEFENSE
ARTICLES FOR FOREIGN COUNTRIES

SEC. 571. (a) VALUE OF ADDITIONS TO STOCKPILES.—Section
514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by striking the word ‘‘and’’ after ‘‘1997’’,
and inserting in lieu thereof a comma and inserting before the
period at the end the following: ‘‘and $340,000,000 for fiscal year
1999’’.
(b) REQUIREMENTS RELATING TO THE REPUBLIC OF KOREA AND
THAILAND.—Section 514(b)(2)(B) of such Act (22 U.S.C.
2321h(b)(2)(B)) is amended by adding at the end the following:
‘‘Of the amount specified in subparagraph (A) for fiscal year 1999,
not more than $320,000,000 may be made available for stockpiles
in the Republic of Korea and not more than $20,000,000 may
be made available for stockpiles in Thailand.’’.
TO PROHIBIT FOREIGN ASSISTANCE TO THE GOVERNMENT OF RUSSIA
SHOULD IT ENACT LAWS WHICH WOULD DISCRIMINATE AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN FEDERATION

SEC. 572. None of the funds appropriated under this Act may
be made available for the Government of Russian Federation, after
180 days from the date of enactment of this Act, unless the President determines and certifies in writing to the Committee on Appropriations and the Committee on Foreign Relations of the Senate
that the Government of the Russian Federation has implemented
no statute, executive order, regulation or similar government action
that would discriminate, or would have as its principal effect
discrimination, against religious groups or religious communities
in the Russian Federation in violation of accepted international
agreements on human rights and religious freedoms to which the
Russian Federation is a party.
GREENHOUSE GAS EMISSIONS

SEC. 573. (a) Funds made available in this Act to support
programs or activities promoting country participation in the Kyoto
Protocol to the Framework Convention on Climate Change (FCCC)
shall only be made available subject to the regular notification
procedures of the Committees on Appropriations.
(b) The President shall provide a detailed account of all Federal
agency obligations and expenditures for climate change programs
and activities, domestic and international, for fiscal year 1998,
planned obligations for such activities in fiscal year 1999, and
any plan for programs thereafter related to the implementation
or the furtherance of protocols pursuant to, or related to negotiations to amend the FCCC in conjunction with the President’s
submission of the Budget of the United States Government for
Fiscal Year 2000: Provided, That such report shall include an
accounting of expenditures by agency with each agency identifying
climate change activities and associated costs by line item as presented in the President’s Budget Appendix.
WITHHOLDING ASSISTANCE TO COUNTRIES VIOLATING UNITED
NATIONS SANCTIONS AGAINST LIBYA

SEC. 574. (a) WITHHOLDING OF ASSISTANCE.—Except as provided in subsection (b), whenever the President determines and

112 STAT. 2681–199

PUBLIC LAW 105–277—OCT. 21, 1998

certifies to Congress that the government of any country is violating
any sanction against Libya imposed pursuant to United Nations
Security Council Resolution 731, 748, or 883, then not less than
5 percent of the funds allocated for the country under section
653(a) of the Foreign Assistance Act of 1961 out of appropriations
in this Act shall be withheld from obligation or expenditure for
that country.
(b) EXCEPTION.—The requirement to withhold funds under subsection (a) shall not apply to funds appropriated in this Act for
allocation under section 653(a) of the Foreign Assistance Act of
1961 for development assistance or for humanitarian assistance.
(c) WAIVER.—Funds may be provided for a country without
regard to subsection (a) if the President determines that to do
so is in the national security interest of the United States.
AID TO THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF CONGO

SEC. 575. (a) None of the funds appropriated by this Act may
be provided for assistance for the central Government of the Democratic Government of Congo until such time as the President reports
in writing to the Congress that the central Government is—
(1) investigating and prosecuting those responsible for
human rights violations committed in the Democratic Republic
of Congo; and
(2) implementing a credible democratic transition program.
(b) This section shall not apply to assistance to promote democracy and the rule of law as part of a plan to implement a credible
democratic transition program.
ASSISTANCE FOR THE MIDDLE EAST

SEC. 576. Of the funds appropriated by this Act under the
headings ‘‘Economic Support Fund’’, ‘‘Foreign Military Financing ’’,
‘‘International Military Education and Training ’’, ‘‘Peacekeeping
Operations’’, for refugees resettling in Israel under the heading
‘‘Migration and Refugee Assistance’’, and for assistance for Israel
to carry out provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 under the heading ‘‘Nonproliferation, AntiTerrorism, Demining, and Related Programs’’, not more than a
total of $5,402,850,000 may be made available for Israel, Egypt,
Jordan, Lebanon, the West Bank and Gaza, the Israel-Lebanon
Monitoring Group, the Multinational Force and Observers, the Middle East Regional Democracy Fund, Middle East Regional Cooperation, and Middle East Multilateral Working Groups: Provided, That
any funds that were appropriated under such headings in prior
fiscal years and that were at the time of enactment of this Act
obligated or allocated for other recipients may not during fiscal
year 1999 be made available for activities that, if funded under
this Act, would be required to count against this ceiling: Provided
further, That funds may be made available notwithstanding the
requirements of this section if the President determines and certifies
to the Committees on Appropriations that it is important to the
national security interest of the United States to do so and any
such additional funds shall only be provided through the regular
notification procedures of the Committees on Appropriations.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–200

ENTERPRISE FUND RESTRICTIONS

SEC. 577. Prior to the distribution of any assets resulting from
any liquidation, dissolution, or winding up of an Enterprise Fund,
in whole or in part, the President shall submit to the Committees
on Appropriations, in accordance with the regular notification procedures of the Committees on Appropriations, a plan for the distribution of the assets of the Enterprise Fund.
CAMBODIA

SEC. 578. The Secretary of the Treasury should instruct the
United States executive directors of the international financial
institutions to use the voice and vote of the United States to
oppose loans to the Government of Cambodia, except loans to support basic human needs.
EXPORT FINANCING TRANSFER AUTHORITIES

SEC. 579. Not to exceed 5 percent of any appropriation other
than for administrative expenses made available for fiscal year
1999 for programs under title I of this Act may be transferred
between such appropriations for use for any of the purposes, programs and activities for which the funds in such receiving account
may be used, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 25 percent by
any such transfer: Provided, That the exercise of such authority
shall be subject to the regular notification procedures of the
Committees on Appropriations.
AUTHORIZATION FOR POPULATION PLANNING

SEC. 580. (a) Not to exceed $385,000,000 of the funds appropriated in title II of this Act may be available for population
planning activities or other population assistance.
(b) Such funds may be apportioned only on a monthly basis,
and such monthly apportionments may not exceed 8.34 percent
of the total available for such activities.
REPORT ON ALL UNITED STATES MILITARY TRAINING PROVIDED TO
FOREIGN MILITARY PERSONNEL

SEC. 581. (a) The Secretary of Defense and the Secretary of
State shall jointly provide to the Congress by January 31, 1999,
a report on all military training provided to foreign military personnel under programs administered by the Department of Defense
and the Department of State during fiscal years 1998 and 1999,
including those proposed for fiscal year 1999. This report shall
include, for each such military training activity, the foreign policy
justification and purpose for the training activity, the cost of the
training activity, the number of foreign students trained and their
units of operation, and the location of the training. In addition,
this report shall also include, with respect to United States personnel, the operational benefits to United States forces derived from
each such training activity and the United States military units
involved in each such training activity. This report may include
a classified annex if deemed necessary and appropriate.
(b) For purposes of this section a report to Congress shall
be deemed to mean a report to the Appropriations and Foreign

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Relations Committees of the Senate and the Appropriations and
International Relations Committees of the House of Representatives.
KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION

SEC. 582. (a) of the funds made available under the heading
‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, not to exceed $35,000,000 may be made available for the
Korean Peninsula Energy Development Organization (hereafter
referred to in this section as ‘‘KEDO’’), notwithstanding any other
provision of law, only for the administrative expenses and heavy
fuel oil costs associated with the Agreed Framework: Provided,
that none of these funds may be made available until March 1,
1999.
(b) Of the funds made available for KEDO, up to $15,000,000
may be made available prior to June 1, 1999, if, thirty days prior
to such obligation of funds, the President certifies and so reports
to Congress that—
(1)(A) the parties to the Agreed Framework have taken
and continue to take demonstrable steps to assure that progress
is made on the implementation of the January 1, 1992, Joint
Declaration on the Denuclearization of the Korean Peninsula
in which the government of North Korea has committed not
to test, manufacture, produce, receive, possess, store, deploy
or use nuclear weapons;
(B) the parties to the Agreed Framework have taken and
continue to take demonstrable steps to assure that progress
is made on the implementation of the North-South dialogue;
and
(C) North Korea is complying with all provisions of the
Agreed Framework and with the Confidential Minute between
North Korea and the United States;
(2) North Korea is cooperating fully in the canning and
safe storage of all spent fuel from its graphite-moderated
nuclear reactors;
(3) North Korea has not significantly diverted assistance
provided by the United States for purposes for which it was
not intended; and
(4) the United States is fully engaged in efforts to impede
North Korea’s development and export of ballistic missiles;
and
(c) Of the funds made available for KEDO, up to $20,000,000
may be made available on or after June 1, 1999, if, thirty days
prior to such obligation of funds, the President certifies and so
reports to Congress that:
(1) the United States has initiated meaningful discussions
with North Korea on implementation of the Joint Declaration
on the Denuclearization of the Korean Peninsula;
(2) the United States has reached agreement with North
Korea on the means for satisfying U.S. concerns regarding
suspect underground construction; and;
(3) the United States is making significant progress on
reducing and eliminating the North Korean ballistic missile
threat, including its ballistic missile exports.
(d) The President may waive the certification requirements
of subsections (b) and (c) if the President determines that it is
vital to the national security interests of the United States and

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112 STAT. 2681–202

provides written policy justifications to the appropriate congressional committees prior to his exercise of such waiver. No funds
may be obligated for KEDO until 30 days after submission to
Congress of such waiver.
(e) Not later than January 1, 1999, the President shall name
a ‘‘North Korea Policy Coordinator’’, who shall conduct a full and
complete interagency review of United States policy toward North
Korea, shall provide policy direction for negotiations with North
Korea related to nuclear weapons, ballistic missiles, and other
security related issues, and shall also provide leadership for United
States participation in KEDO.
(f) The Secretary of State shall submit to the appropriate
congressional committees an annual report (to be submitted with
the annual presentation for appropriations) providing a full and
detailed accounting of the fiscal year request for the United States
contribution to KEDO, the expected operating budget of the KEDO,
to include unpaid debt, proposed annual costs associated with heavy
fuel oil purchases, and the amount of funds pledged by other donor
nations and organizations to support KEDO activities on a per
country basis, and other related activities.
(g) The Secretary of Defense shall submit to the appropriate
congressional committees an annual report on the degree to which
KEDO’s mission and the Agreed Framework continue to promote
important United States national security interests, contribute to
delaying North Korean indigenous development of nuclear weaponsrelated technology, and positively impact the level of tension on
the Korean Peninsula.
NATIONAL ADVISORY COUNCIL ON INTERNATIONAL MONETARY AND
FINANCIAL POLICIES

SEC. 583. (a) Notwithstanding any other provision of law, each
annual report required by subsection 1701(a) of the International
Financial Institutions Act, as amended (Public Law 95–118, 22
U.S.C. 262r), shall comprise—
(1) an assessment of the effectiveness of the major policies
and operations of the international financial institutions;
(2) the major issues affecting United States participation;
(3) the major developments in the past year;
(4) the prospects for the coming year;
(5) the progress made and steps taken to achieve United
States policy goals (including major policy goals embodied in
current law) with respect to the international financial institutions; and
(6) such data and explanations concerning the effectiveness,
operations, and policies of the international financial institutions, such recommendations concerning the international
financial institutions, and such other data and material as
the Chairman may deem appropriate.
(b) The requirements of Sections 1602(e), 1603(c), 1604(c), and
1701(b) of the International Financial Institutions Act, as amended
(Public Law 95–118, 22 U.S.C. 262p–1, 262p–2, 262p–3 and 262(r)),
Section 2018(c) of the International Narcotics Control Act of 1986,
as amended (Public Law 99–570, 22 U.S.C. 2291 note), Section
407(c) of the Foreign Debt Reserving Act of 1989 (Public Law
101–240, 22 U.S.C. 2291 note), Section 14(c) of the Inter-American
Development Bank Act, as amended (Public Law 86–147, 22 U.S.C.
283j–1(c)), and Section 1002 of the Freedom for Russia and

22 USC 262r
note.

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PUBLIC LAW 105–277—OCT. 21, 1998

Emerging Eurasian Democracies and Open Markets Support Act
of 1992 (Public Law 102–511) (22 U.S.C. 286ll(b)) shall no longer
apply to the contents of such annual reports.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING
CORPORATION

SEC. 584. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to
the Palestinian Broadcasting Corporation.
REPORT ON IRAQI DEVELOPMENT OF WEAPONS OF MASS DESTRUCTION

SEC. 585. (a) FINDINGS.—Congress finds that—
(1) Iraq is continuing efforts to mask the extent of its
weapons of mass destruction and missile programs;
(2) proposals to relax the current international inspection
regime would have potentially dangerous consequences for
international security; and
(3) Iraq has demonstrated time and again that it cannot
be trusted to abide by international norms or by its own agreements, and that the only way the international community
can be assured of Iraqi compliance is by ongoing inspection.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the international agencies charged with inspections in
Iraq—the International Atomic Energy Agency (IAEA) and the
United Nations Special Commission (UNSCOM) should maintain vigorous inspections, including surprise inspections, within
Iraq; and
(2) the United States should oppose any efforts to ease
the inspections regimes on Iraq until there is clear, credible
evidence that the Government of Iraq is in full compliance
with all relevant United Nations’ resolutions.
(c) REPORT.—Not later than 30 days after the date of enactment
of this Act, the President shall submit a report to Congress on
the United States Government’s assessment of Iraq’s nuclear and
other weapons of mass destruction programs and its efforts to
move toward procurement of nuclear weapons and the means to
deliver weapons of mass destruction. The report shall also—
(1) assess the United States view of the International
Atomic Energy Agency’s action team reports and other IAEA
efforts to monitor the extent and nature of Iraq’s nuclear program; and
(2) include the United States Government’s opinion on
the value of maintaining the ongoing inspection regime rather
than replacing it with a passive monitoring system.
SENSE OF CONGRESS REGARDING IRAN

SEC. 586. (a) The Congress finds that—
(1) according to the Department of State, Iran continues
to support international terrorism, providing training, financing, and weapons to such terrorist groups as Hizballah, Islamic
Jihad and Hamas;
(2) Iran continues to oppose the Arab-Israeli peace process
and refuses to recognize Israel’s right to exist;

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112 STAT. 2681–204

(3) Iran continues aggressively to seek weapons of mass
destruction and the missiles to deliver them;
(4) it is long-standing United States policy to offer official
government-to-government dialogue with the Iranian regime,
such offers having been repeatedly rebuffed by Tehran;
(5) more than a year after the election of President
Khatemi, Iranian foreign policy continues to threaten American
security and that of our allies in the Middle East; and
(6) despite repeated offers and tentative steps toward
rapprochement with Iran by the Clinton Administration, including a decision to waive sanctions under the Iran-Libya Sanctions Act and the President’s veto of the Iran Missile Proliferation Sanctions Act, Iran has failed to reciprocate in a meaningful manner.
(b) Therefore it is the sense of the Congress that—
(1) the Administration should make no concessions to the
Government of Iran unless and until that government moderates its objectionable policies, including taking steps to end
its support of international terrorism, opposition to the Middle
East peace process, and the development and proliferation of
weapons of mass destruction and their means of delivery; and
(2) there should be no change in United States policy
toward Iran until there is credible and sustained evidence
of a change in Iranian policies.
AID OFFICE OF SECURITY

SEC. 587. (a) ESTABLISHMENT OF OFFICE.—There shall be established within the Office of the Administrator of the Agency for
International Development, an Office of Security. Such Office of
Security shall, notwithstanding any other provision of law except
section 207 of the Foreign Service Act of 1980 and section 103
of Public Law 199–339, have the responsibility for the supervision,
direction, and control of all security activities relating to the programs and operations of that Agency.
(b) TRANSFER AND ALLOCATION OF APPROPRIATIONS AND
PERSONNEL.—There are transferred to the Office of Security all
security functions exercised by the Office of Inspector General of
the Agency for International Development exercised before the date
of enactment of this Act. The Administrator shall transfer from
the Office of the Inspector General of such Agency to the Office
of Security established by subsection (a), the personnel (including
the Senior Executive Service position designated for the Assistant
Inspector General for Security), assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations, and
other funds held, used, available to, or to be made available in
connection with such functions. Unexpended balances of appropriations, and other funds made available or to be made available
in connection with such functions, shall be transferred to and
merged with funds appropriated by this Act under the heading
‘‘Operating Expenses of the Agency for International Development’’.
(c) TRANSFER OF EMPLOYEES.—Any employee in the career service who is transferred pursuant to this section shall be placed
in a position in the Office of Security established by subsection
(a) which is comparable to the position the employee held in the
Office of the Inspector General of the Agency for International
Development.

22 USC 2381
note.

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PUBLIC LAW 105–277—OCT. 21, 1998

SENSE OF CONGRESS REGARDING BALLISTIC MISSILE DEVELOPMENT BY
NORTH KOREA

SEC. 588. (a) Congress makes the following findings:
(1) North Korea has been active in developing new generations of medium-range and intermediate-range ballistic missiles, including both the Nodong and Taepo Dong class missiles.
(2) North Korea is not an adherent to the Missile Technology Control Regime, actively cooperates with Iran and Pakistan in ballistic missile programs, and has declared its intention
to continue to export ballistic missile technology.
(3) North Korea has shared technology involved in the
Taepo Dong I missile program with Iran, which is concurrently
developing the Shahab–3 intermediate-range ballistic missile.
(4) North Korea is developing the Taepo Dong II intermediate-range ballistic missile, which is expected to have sufficient
range to put at risk United States territories, forces, and allies
throughout the Asia-Pacific area.
(5) Multistage missiles like the Taepo Dong class missile
can ultimately be extended to intercontinental range.
(6) The bipartisan Commission to Assess the Ballistic Missile Threat to the United States emphasized the need for the
United States intelligence community and United States policy
makers to review the methodology by which they assess foreign
missile programs in order to guard against surprise developments with respect to such programs.
(b) It is the sense of Congress that—
(1) North Korea should be forcefully condemned for its
August 31, 1998, firing of a Taepo Dong I intermediate-range
ballistic missile over the sovereign territory of another country,
specifically Japan, an event that demonstrated an advanced
capability for employing multistage missiles, which are by
nature capable of extended range, including intercontinental
range;
(2) the United States should reassess its cooperative space
launch programs with countries that continue to assist North
Korea and Iran in their ballistic missile and cruise missile
programs;
(3) any financial or technical assistance provided to North
Korea should take into account the continuing conduct by that
country of activities which destabilize the region, including
the missile firing referred to in paragraph (1), continued submarine incursions into South Korean territorial waters, and
violations of the demilitarized zone separating North Korea
and South Korea;
(4) the recommendations of the Commission to Assess the
Ballistic Missile Threat to the United States should be incorporated into the analytical processes of the United States intelligence community as soon as possible; and
(5) the United States should accelerate cooperative theater
missile defense programs with Japan.
TECHNICAL ASSISTANCE TO FOREIGN GOVERNMENTS

SEC. 589. (a) ESTABLISHMENT OF PROGRAM.—Chapter 1 of part
I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
is amended by adding at the end the following:

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–206

‘‘SEC. 129. PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO FOREIGN GOVERNMENTS AND FOREIGN CENTRAL BANKS OF
DEVELOPING OR TRANSITIONAL COUNTRIES.

‘‘(a) ESTABLISHMENT OF PROGRAM.—
‘‘(1) IN GENERAL.—Not later than 150 days after the date
of the enactment of this section, the Secretary of the Treasury,
after consultation with the Secretary of State and the Administrator of the United States Agency for International Development, is authorized to establish a program to provide technical
assistance to foreign governments and foreign central banks
of developing or transitional countries.
‘‘(2) ROLE OF SECRETARY OF STATE.—The Secretary of State
shall provide foreign policy guidance to the Secretary to ensure
that the program established under this subsection is effectively
integrated into the foreign policy of the United States.
‘‘(b) CONDUCT OF PROGRAM.—
‘‘(1) IN GENERAL.—In carrying out the program established
under subsection (a), the Secretary shall provide economic and
financial technical assistance to foreign governments and foreign central banks of developing and transitional countries
by providing advisers with appropriate expertise to advance
the enactment of laws and establishment of administrative
procedures and institutions in such countries to promote macroeconomic and fiscal stability, efficient resource allocation, transparent and market-oriented processes and sustainable private
sector growth.
‘‘(2) ADDITIONAL REQUIREMENTS.—To the extent practicable,
such technical assistance shall be designed to establish—
‘‘(A) tax systems that are fair, objective, and efficiently
gather sufficient revenues for governmental operations;
‘‘(B) debt issuance and management programs that
rely on market forces;
‘‘(C) budget planning and implementation that permits
responsible fiscal policy management;
‘‘(D) commercial banking sector development that efficiently intermediates between savers and investors; and
‘‘(E) financial law enforcement to protect the integrity
of financial systems, financial institutions, and government
programs.
‘‘(c) ADMINISTRATIVE REQUIREMENTS.—In carrying out the program established under subsection (a), the Secretary—
‘‘(1) shall establish a methodology for identifying and selecting foreign governments and foreign central banks to receive
assistance under the program;
‘‘(2) prior to selecting a foreign government or foreign central bank to receive assistance under the program, shall receive
the concurrence of the Secretary of State with respect to the
selection of such government or central bank and with respect
to the cost of the assistance to such government or central
bank;
‘‘(3) shall consult with the heads of appropriate Executive
agencies of the United States, including the Secretary of State
and the Administrator of the United States Agency for International Development, and appropriate international financial
institutions to avoid duplicative efforts with respect to those
foreign countries for which such agencies or organizations provide similar assistance;

22 USC 2151aa.

112 STAT. 2681–207

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(4) shall ensure that the program is consistent with the
International Affairs Strategic Plan and Mission Performance
Plan of the United States Agency for International Development;
‘‘(5) shall establish and carry out a plan to evaluate the
program.
‘‘(d) ADMINISTRATIVE AUTHORITIES.—In carrying out the program established under subsection (a), the Secretary shall have
the following administrative authorities:
‘‘(1) The Secretary may provide allowances and benefits
under chapter 9 of title I of the Foreign Service Act of 1980
(22 U.S.C. 4081 et seq.) to any officer or employee of any
agency of the United States Government performing functions
under this section outside the United States.
‘‘(2)(A) The Secretary may allocate or transfer to any agency
of the United States Government any part of any funds available for carrying out this section, including any advance to
the United States Government by any country or international
organization for the procurement of commodities, supplies, or
services.
‘‘(B) Such funds shall be available for obligation and
expenditure for the purposes for which such funds were authorized, in accordance with authority granted in this section or
under authority governing the activities of the agency of the
United States Government to which such funds are allocated
or transferred.
‘‘(3) Appropriations for the purposes of or pursuant to this
section, and allocations to any agency of the United States
Government from other appropriations for functions directly
related to the purposes of this section, shall be available for—
‘‘(A) contracting with individuals for personal services
abroad, except that such individuals shall not be regarded
as employees of the United States Government for the
purpose of any law administered by the Office of Personnel
Management;
‘‘(B) the purchase and hire of passenger motor vehicles,
except that passenger motor vehicles may be purchased
only—
‘‘(i) for use in foreign countries; and
‘‘(ii) if the Secretary or the Secretary’s designee
has determined that the vehicle is necessary to accomplish the mission;
‘‘(C) the purchase of insurance for official motor
vehicles acquired for use in foreign countries;
‘‘(D)(i) the rent or lease outside the United States,
not to exceed 5 years, of offices, buildings, grounds, and
quarters, including living quarters to house personnel,
consistent with the relevant interagency housing board
policy, and payments therefor in advance;
‘‘(ii) maintenance, furnishings, necessary repairs,
improvements, and alterations to properties owned or
rented by the United States Government or made available
for use to the United States Government outside the United
States; and
‘‘(iii) costs of insurance, fuel, water, and utilities for
such properties;

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112 STAT. 2681–208

‘‘(E) expenses of preparing and transporting to their
former homes or places of burial the remains of foreign
participants or members of the family of foreign participants, who may die while such participants are away from
their homes participating in activities carried out with
funds covered by this section;
‘‘(F) notwithstanding any other provision of law,
transportation and payment of per diem in lieu of subsistence to foreign participants engaged in activities of the
program under this section while such participants are
away from their homes in countries other than the United
States, at rates not in excess of those prescribed by the
standardized Government travel regulations;
‘‘(G) expenses in connection with travel of personnel
outside the United States, including travel expenses of
dependents (including expenses during necessary stop-overs
while engaged in such travel), and transportation of personal effects, household goods, and automobiles of such
personnel when any part of such travel or transportation
begins in one fiscal year pursuant to travel orders issued
in that fiscal year, notwithstanding the fact that such
travel or transportation may not be completed during the
same fiscal year, and cost of transporting automobiles to
and from a place of storage, and the cost of storing automobiles of such personnel when it is in the public interest
or more economical to authorize storage; and
‘‘(H) grants to, and cooperative agreements and contracts with, any individual, corporation, or other body of
persons, nonprofit organization, friendly government or
government agency, whether within or without the United
States, and international organizations, as the Secretary
determines is appropriate to carry out the purposes of
this section.
‘‘(4) Whenever the Secretary determines it to be consistent
with the purposes of this section, the Secretary is authorized
to furnish services and commodities on an advance-of-funds
basis to any friendly country or international organization that
is not otherwise prohibited from receiving assistance under
this Act. Such advances may be credited to the currently
applicable appropriation, account, or fund of the Department
of the Treasury and shall be available for the purposes for
which such appropriation, account, or fund is authorized to
be used.
‘‘(e) ISSUANCE OF REGULATIONS.—The Secretary is authorized
to issue such regulations with respect to personal service contractors
as the Secretary deems necessary to carry out this section.
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to infringe upon the powers or functions of the Secretary of State (including the powers or functions described in
section 103 of the Omnibus Diplomatic Security and Antiterrorism
Act of 1986 (22 U.S.C. 4802)) or of any chief of mission (including
the powers or functions described in section 207 of the Foreign
Service Act of 1980 (22 U.S.C. 3927)).
‘‘(g) TERMINATION OF ASSISTANCE.—The Secretary shall conclude assistance activities for a recipient foreign government or
foreign central bank under the program established under subsection (a) if the Secretary, after consultation with the appropriate

112 STAT. 2681–209

PUBLIC LAW 105–277—OCT. 21, 1998

officers of the United States, determines that such assistance has
resulted in the enactment of laws or the establishment of institutions in that country that promote fiscal stability and administrative
procedures, efficient resource allocation, transparent and marketoriented processes and private sector growth in a sustainable manner.
‘‘(h) REPORT.—
‘‘(1) IN GENERAL.—Not later than 3 months after the date
of the enactment of this section, and every 6 months thereafter,
the Secretary shall prepare and submit to the appropriate
congressional committees a report on the conduct of the program established under this section during the preceding 6month period.
‘‘(2) DEFINITION.—In this subsection, the term ‘appropriate
congressional committees’ means—
‘‘(A) the Committee on International Relations and the
Committee on Appropriations of the House of Representatives; and
‘‘(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) DEVELOPING OR TRANSITIONAL COUNTRY.—The term
‘developing or transitional country’ means a country eligible
to receive development assistance under this chapter.
‘‘(2) INTERNATIONAL FINANCIAL INSTITUTION.—The term
‘international financial institution’ means the International
Monetary Fund, the International Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, the Multilateral Investment
Guarantee Agency, the Asian Development Bank, the African
Development Bank, the African Development Fund, the InterAmerican Development Bank, the Inter-American Investment
Corporation, the European Bank for Reconstruction and
Development, and the Bank for Economic Cooperation and
Development in the Middle East and North Africa.
‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary
of the Treasury.
‘‘(4) TECHNICAL ASSISTANCE.—The term ‘technical assistance’ includes—
‘‘(A) the use of short-term and long-term expert advisers to assist foreign governments and foreign central banks
for the purposes described in subsection (b)(1);
‘‘(B) training in the recipient country, the United
States, or elsewhere for the purposes described in subsection (b)(1);
‘‘(C) grants of goods, services, or funds to foreign
governments and foreign central banks;
‘‘(D) grants to United States nonprofit organizations
to provide services or products which contribute to the
provision of advice to foreign governments and foreign central banks; and
‘‘(E) study tours for foreign officials in the United
States or elsewhere for the purpose of providing technical
information to such officials.
‘‘(5) FOREIGN PARTICIPANT.—The term ‘foreign participant’
means the national of a developing or transitional country
that is receiving assistance under the program established

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112 STAT. 2681–210

under subsection (a) who has been designated to participate
in activities under such program.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section $5,000,000 for fiscal year 1999.
‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts authorized to
be appropriated under paragraph (1) are authorized to remain
available until expended.’’.
(b) TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS
OF UNITED STATES GOVERNMENT EMPLOYEES; DEATH OCCURRING
AWAY FROM OFFICIAL STATION ABROAD.—Section 5742(b) of title
5, United States Code, is amended—
(1) in paragraph (1), by striking the ‘‘and’’ at the end;
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) the travel expenses of not more than 2 persons to
escort the remains of a deceased employee, if death occurred
while the employee was in travel status away from his official
station in the United States or while performing official duties
outside the United States or in transit thereto or therefrom,
from the place of death to the home or official station of such
person, or such other place appropriate for interment as is
determined by the head of the agency concerned.’’.
IRAQ OPPOSITION

SEC. 590. Notwithstanding any other provision of law, of the
funds made available in this Act and prior Acts making appropriations for foreign operations, export financing and related programs,
not less than $8,000,000 shall be made available only for assistance
to the Iraqi democratic opposition for such activities as organization,
training, communication and dissemination of information, and
developing and implementing agreements among opposition groups:
Provided further, That any agreement reached regarding the obligation of funds under the previous proviso shall include provisions
to ensure appropriate monitoring on the use of such funds: Provided
further, That of this amount not less than $3,000,000 should be
made available as a grant to Iraqi National Congress, to be administered by its Executive Committee for the benefit of all constituent
groups of the Iraqi National Congress: Provided further, That within
30 days of enactment of this Act the Secretary of State shall
submit a detailed report to the Appropriations Committees of Congress on implementation of this section.
NATIONAL COMMISSION ON TERRORISM

SEC. 591. (a) ESTABLISHMENT OF NATIONAL COMMISSION ON
TERRORISM.—
(1) ESTABLISHMENT.—There is established a national
commission on terrorism to review counter-terrorism policies
regarding the prevention and punishment of international acts
of terrorism directed at the United States. The commission
shall be known as ‘‘The National Commission on Terrorism’’.
(2) COMPOSITION.—The commission shall be composed of
10 members appointed as follows:
(A) Three members shall be appointed by the Majority
Leader of the Senate.

112 STAT. 2681–211

PUBLIC LAW 105–277—OCT. 21, 1998

(B) Three members shall be appointed by the Speaker
of the House of Representatives.
(C) Two members shall be appointed by the Minority
Leader of the Senate.
(D) Two members shall be appointed by the Minority
Leader of the House of Representatives.
(E) The appointments of the members of the commission should be made no later than 3 months after the
date of the enactment of this Act.
(3) QUALIFICATIONS.—The members should have a knowledge and expertise in matters to be studied by the commission.
(4) CHAIR.—The Speaker of the House of Representatives,
after consultation with the majority leader of the Senate and
the minority leaders of the House of Representatives and the
Senate, shall designate one of the members of the Commission
to serve as chair of the Commission.
(5) PERIOD OF APPOINTMENT: VACANCIES.—Members shall
be appointed for the life of the Commission. Any vacancy in
the Commission shall be filled in the same manner as the
original appointment.
(6) SECURITY CLEARANCES.—All Members of the Commission should hold appropriate security clearances.
(b) DUTIES.—
(1) IN GENERAL.—The commission shall consider issues
relating to international terrorism directed at the United States
as follows:
(A) Review the laws, regulations, policies, directives,
and practices relating to counterterrorism in the prevention
and punishment of international terrorism directed towards
the United States.
(B) Assess the extent to which laws, regulations, policies, directives, and practices relating to counterterrorism
have been effective in preventing or punishing international
terrorism directed towards the United States. At a minimum, the assessment should include a review of the following:
(i) Evidence that terrorist organizations have
established an infrastructure in the western hemisphere for the support and conduct of terrorist activities.
(ii) Executive branch efforts to coordinate
counterterrorism activities among Federal, State, and
local agencies and with other nations to determine
the effectiveness of such coordination efforts.
(iii) Executive branch efforts to prevent the use
of nuclear, biological, and chemical weapons by terrorists.
(C) Recommend changes to counterterrorism policy in
preventing and punishing international terrorism directed
toward the United States.
(2) REPORT.—Not later than 6 months after the date on
which the Commission first meets, the Commission shall submit
to the President and the Congress a final report of the findings
and conclusions of the commission, together with any recommendations.
(c) ADMINISTRATIVE MATTERS.—
(1) MEETINGS.—

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112 STAT. 2681–212

(A) The commission shall hold its first meeting on
a date designated by the Speaker of the House which
is not later than 30 days after the date on which all
members have been appointed.
(B) After the first meeting, the commission shall meet
upon the call of the chair.
(C) A majority of the members of the commission shall
constitute a quorum, but a lesser number may hold meetings.
(2) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.—
Any member or agent of the commission may, if authorized
by the commission, take any action which the commission is
authorized to take under this section.
(3) POWERS.—
(A) The commission may hold such hearings, sit and
act at such times and places, take such testimony, and
receive such evidence as the commission considers advisable to carry out its duties.
(B) The commission may secure directly from any
agency of the Federal Government such information as
the commission considers necessary to carry out its duties.
Upon the request of the chair of the commission, the head
of a department or agency shall furnish the requested
information expeditiously to the commission.
(C) The commission may use the United States mails
in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
(4) PAY AND EXPENSES OF COMMISSION MEMBERS.—
(A) Subject to appropriations, each member of the
commission who is not an employee of the government
shall be paid at a rate not to exceed the daily equivalent
of the annual rate of basic pay prescribed for level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel time)
during which such member is engaged in performing the
duties of the commission.
(B) Members and personnel for the commission may
travel on aircraft, vehicles, or other conveyances of the
Armed Forces of the United States when travel is necessary
in the performance of a duty of the commission except
when the cost of commercial transportation is less expensive.
(C) The members of the commission may be allowed
travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code,
while away from their homes or regular places of business
in the performance of services for the commission.
(D)(i) A member of the commission who is an annuitant
otherwise covered by section 8344 of 8468 of title 5, United
States Code, by reason of membership on the commission
shall not be subject to the provisions of such section with
respect to membership on the commission.
(ii) A member of the commission who is a member
or former member of a uniformed service shall not be
subject to the provisions of subsections (b) and (c) of section

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PUBLIC LAW 105–277—OCT. 21, 1998

5532 of such title with respect to membership on the
commission.
(5) STAFF AND ADMINISTRATIVE SUPPORT.—
(A) The chairman of the commission may, without
regard to civil service laws and regulations, appoint and
terminate an executive director and up to three additional
staff members as necessary to enable the commission to
perform its duties. The chairman of the commission may
fix the compensation of the executive director and other
personnel without regard to the provisions of chapter 51,
and subchapter III of chapter 53, of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay may not
exceed the maximum rate of pay for GS–15 under the
General Schedule.
(B) Upon the request of the chairman of the commission, the head of any department or agency of the Federal
Government may detail, without reimbursement, any
personnel of the department or agency to the commission
to assist in carrying out its duties. The detail of an
employee shall be without interruption or loss of civil service status or privilege.
(d) TERMINATION OF COMMISSION.—The commission shall terminate 30 days after the date on which the commission submits
a final report.
(e) FUNDING.—There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of this
section.
SPECIAL AUTHORITIES AMENDMENT

SEC. 592. The authority of section 614 of the Foreign Assistance
Act of 1961, as amended, may not be used during fiscal year
1999 for the Korean Peninsula Energy Development Organization
to authorize the use of more than $35,000,000 of funds made
available for use under that Act or the Arms Export Control Act.
ECONOMIC AND POLITICAL TRANSITION IN INDONESIA

SEC. 593. (a) POLITICAL AND ECONOMIC REFORM.—It is the
sense of Congress that—
(1) expanding the availability of wheat, wheat products,
and rice for distribution to the most needy and vulnerable
Indonesians is vital to the well-being of all Indonesians;
(2) the Administration should adopt a more active approach
in support of democratic institutions and processes in Indonesia
and provide assistance for continued economic and political
development in Indonesia, including—
(A) support for humanitarian programs;
(B) leading a multinational effort to expand humanitarian and food aid programs to meet the needs of Indonesia;
(C) working with international financial institutions
to recapitalize and reform the banking system, restructure
corporate debt, and introduce economic and legal transparency in Indonesia;
(D) urging the Government of Indonesia to remove,
to the maximum extent possible, barriers to trade and

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112 STAT. 2681–214

investment which impede economic recovery in Indonesia,
including tariffs, quotas, export taxes, nontariff barriers,
and prohibitions against foreign ownership and investment;
(E) urging the Government of Indonesia to—
(i) recognize and protect the participation of all
Indonesians, including ethnic and religious minorities,
in the political and economic life of Indonesia; and
(ii) release individuals detained or imprisoned for
their political views;
(F) supporting efforts to establish a timetable for elections and building democracy by strengthening political
parties and institutions and the rule of law including the
repeal of laws and regulations that discriminate on the
basis of religion or ethnicity.
(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report containing a description and assessment of the actions taken by the Government of the United States
and the Government of Indonesia to further the objectives referred
to in subsection (a).
(c) ETHNIC VIOLENCE.—It is the sense of Congress that—
(1) the mistreatment of ethnic Chinese in Indonesia and
the criminal acts carried out against them during the May
1998 riots in Indonesia are deplorable and condemned;
(2) a full and fair investigation of such criminal acts should
be completed by the earliest possible date, and those identified
as responsible for perpetrating such criminal acts should be
brought to justice;
(3) the investigation by the Government of Indonesia,
through its Military Honor Council, of those members of the
armed forces of Indonesia suspected of possible involvement
in the May 1998 riots, and of any member of the armed forces
of Indonesia who may have participated in criminal acts against
the people of Indonesia during the riots, is commended and
should be supported;
(4) the Government of Indonesia should take action to
assure—
(A) the implementation of appropriate measures to prevent ethnic-related violence and rapes in Indonesia and
to protect the human rights and physical safety of the
ethnic Chinese community in Indonesia; and
(B) the provision of just compensation for victims of
the rape and violence that occurred during the May 1998
riots in Indonesia, including medical care;
(5) the Administration and the United Nations should continue to support and assist the Government of Indonesia and
nongovernmental organizations, in the investigations into the
May 1998 riots in Indonesia in order to expedite such investigations.
(d) REPORT.—(1) Not later than 6 months after the date of
enactment of this Act, the Secretary of State shall submit to Congress a report containing the following:
(A) An assessment of—
(i) whether or not there was a systematic and organized
campaign of violence, including the use of rape, against
the ethnic Chinese community in Indonesia during the
May 1998 riots in Indonesia; and

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(ii) the level and degree of participation, if any, of
members of the Government or armed forces of Indonesia
in the riots.
(B) An assessment of the actions taken by the Government
of Indonesia to investigate the May 1998 riots in Indonesia,
bring the perpetrators of the riots to justice, and ensure that
similar riots do not recur.
REPORTING REQUIREMENTS

22 USC 2753
note.

SEC. 594. (a) NOTIFICATION.—No less than 15 days prior to
the export to any country identified pursuant to subparagraph
(C) of any lethal defense article or service in the amount of
$14,000,000 or less, the President shall provide a detailed notification to the Committees on Appropriations and Foreign Relations
of the Senate and the Committees on Appropriations and International Relations of the House of Representatives.
(b) CONTENT OF NOTIFICATION.—A detailed notification
transmitted pursuant to subparagraph (a) shall include the same
type and quantity of information required of a notification submitted
pursuant to section 36(b) of the Arms Export Control Act (22 U.S.C.
2776(b)).
(c) COUNTRIES DEFINED.—This section shall apply to any country that is—
(1) identified in section 521 of the annual appropriations
Act for Foreign Operations, Export Financing, and Related
Programs, or a comparable provision in a subsequent appropriations Act; or
(2) currently ineligible, in whole or in part, under an annual
appropriations Act to receive funds for International Military
Education and Training or under the Foreign Military Financing Program, excluding high-income countries as defined pursuant to section 546(b) of the Foreign Assistance Act of 1961.
(d) EXCLUSIONS.—Information reportable under title V of the
National Security Act of 1947 is excluded from the requirements
of this section.
SENSE OF CONGRESS CONCERNING THE MURDER OF FOUR AMERICAN
CHURCHWOMEN IN EL SALVADOR

SEC. 595. (a) FINDINGS.—Congress makes the following
findings—
(1) the December 2, 1980 brutal assault and murder of
four American churchwomen by members of the Salvadoran
National Guard was covered up and never fully investigated;
(2) on July 22 and July 23, 1998, Salvadoran authorities
granted three of the National Guardsmen convicted of the
crimes early release from prison;
(3) the United Nations Truth Commission for El Salvador
determined in 1993 that there was sufficient evidence that
the Guardsmen were acting on orders from their superiors;
(4) in March 1998, four of the convicted Guardsmen confessed that they acted after receiving orders from their superiors;
(5) recently declassified documents from the State Department show that United States Government officials were aware
of information suggesting the involvement of superior officers
in the murders;

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112 STAT. 2681–216

(6) United States officials granted permanent residence
to a former Salvadoran military official involved in the coverup of the murders, enabling him to remain in Florida; and
(7) despite the fact that the murders occurred over 17
years ago, the families of the four victims continue to seek
the disclosure of information relevant to the murders.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) information relevant to the murders should be made
public to the fullest extent possible;
(2) the Secretary of State and the Department of State
are to be commended for fully releasing information regarding
the murders to the victims’ families and to the American public,
in prompt response to congressional requests;
(3) the President should order all other Federal agencies
and departments that possess relevant information to make
every effort to declassify and release to the victims’ families
relevant information as expeditiously as possible;
(4) in making determinations concerning the declassification and release of relevant information, the Federal agencies
and departments should presume in favor of releasing, rather
than of withholding, such information; and
(5) the President should direct the Attorney General to
review the circumstances under which individuals involved in
either the murders or the cover-up of the murders obtained
residence in the United States, and the Attorney General should
submit a report to the Congress on the results of such review
not later than January 1, 1999.
SENSE OF CONGRESS REGARDING THE TRIAL IN THE NETHERLANDS OF
THE SUSPECTS INDICTED IN THE BOMBING OF PAN AM FLIGHT 103

SEC. 596. (a) FINDINGS.—Congress makes the following findings:
(1) On December 21, 1988, 270 people, including 189 United
States citizens, were killed in a terrorist bombing on Pan Am
Flight 103 over Lockerbie, Scotland.
(2) Britain and the United States indicted 2 Libyan intelligence agents—Abdel Basset Al-Megrahi and Lamen Khalifa
Fhimah—in 1991 and sought their extradition from Libya to
the United States or the United Kingdom to stand trial for
this heinous terrorist act.
(3) The United Nations Security Council called for the
extradition of the suspects in Security Council Resolution 731
and imposed sanctions on Libya in Security Council Resolutions
748 and 883 because Libyan leader, Colonel Muammar Qadaffi,
refused to transfer the suspects to either the United States
or the United Kingdom to stand trial.
(4) The sanctions in Security Council Resolutions 748 and
883 include a worldwide ban on Libya’s national airline, a
ban on flights into and out of Libya by other nations’ airlines,
a prohibition on supplying arms, airplane parts, and certain
oil equipment to Libya, and a freeze on Libyan government
funds in other countries.
(5) Colonel Qaddafi has continually refused to extradite
the suspects to either the United States or the United Kingdom
and has insisted that he will only transfer the suspects to
a third and neutral country to stand trial.
(6) On August 24, 1998, the United States and the United
Kingdom proposed that Colonel Qadaffi transfer the suspects

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PUBLIC LAW 105–277—OCT. 21, 1998

to the Netherlands, where they would stand trial before a
Scottish court, under Scottish law, and with a panel of Scottish
judges.
(7) The United States-United Kingdom proposal is consistent with those previously endorsed by the Organization of
African Unity, the League of Arab States, the Non-Aligned
Movement, and the Islamic Conference.
(8) The United Nations Security Council endorsed the
United States-United Kingdom proposal on August 27, 1998,
in United Nations Security Council Resolution 1192.
(9) The United States Government has stated that this
proposal is nonnegotiable and has called on Colonel Qadaffi
to respond promptly, positively, and unequivocally to this proposal by ensuring the timely appearance of the two accused
individuals in the Netherlands for trial before the Scottish
court.
(10) The United States Government has called on Libya
to ensure the production of evidence, including the presence
of witnesses before the court, and to comply fully with all
the requirements of the United Nations Security Council resolutions.
(11) Secretary of State Albright has said that the United
States will urge a multilateral oil embargo against Libya in
the United Nations Security Council if Colonel Muammar
Qadaffi does not transfer the suspects to the Netherlands to
stand trial.
(12) The United Nations Security Council will convene
on October 30, 1998, to review sanctions imposed on Libya.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) Colonel Qadaffi should promptly transfer the indicted
suspects Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah
to the Netherlands to stand trial before the Scottish court;
(2) the United States Government should remain firm in
its commitment not to negotiate with Colonel Qadaffi on any
of the details of the proposal approved by the United Nations
in United Nations Security Council Resolution 1192; and
(3) if Colonel Qadaffi does not transfer the indicted suspects
Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah to the
Netherlands by October 29, 1998, the United States Permanent
Representative to the United Nations should—
(A) introduce a resolution in the United Nations Security Council to impose a multilateral oil embargo against
Libya;
(B) actively promote adoption of the resolution by the
United Nations Security Council; and
(C) assure that a vote will occur in the United Nations
Security Council on such a resolution.
SENSE OF THE CONGRESS REGARDING INTERNATIONAL COOPERATION
IN RECOVERING CHILDREN ABDUCTED IN THE UNITED STATES AND
TAKEN TO OTHER COUNTRIES.

SEC. 597. (a) FINDINGS.—Congress finds that—
(1) many children in the United States have been abducted
by family members who are foreign nationals and living in
foreign countries;

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112 STAT. 2681–218

(2) children who have been abducted by an estranged father
are very rarely returned, through legal remedies, from countries
that only recognize the custody rights of the father;
(3) there are at least 140 cases that need to be resolved
in which children have been abducted by family members and
taken to foreign countries;
(4) although the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25,
1980, has made progress in aiding the return of abducted
children, the Convention does not address the criminal aspects
of child abduction, and there is a need to reach agreements
regarding child abduction with countries that are not parties
to the Convention; and
(5) decisions on awarding custody of children should be
made in the children’s best interest, and persons who violate
laws of the United States by abducting their children should
not be rewarded by being granted custody of those children.
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress
that the United States Government should promote international
cooperation in working to resolve those cases in which children
in the United States are abducted by family members who are
foreign nationals and taken to foreign countries, and in seeing
that justice is served by holding accountable the abductors for
violations of criminal law.
TITLE VI—INTERNATIONAL FINANCIAL PROGRAMS AND
REFORM
FUNDS APPROPRIATED

TO THE

PRESIDENT

INTERNATIONAL MONETARY PROGRAMS
UNITED STATES QUOTA IN THE INTERNATIONAL MONETARY FUND

For an increase in the United States quota in the International
Monetary Fund, the dollar equivalent of 10,622,500,000 Special
Drawing Rights, to remain available until expended.
LOANS TO THE INTERNATIONAL MONETARY FUND–NEW
ARRANGEMENTS TO BORROW

For loans to the International Monetary Fund under section
17 of the Bretton Woods Agreements Act pursuant to the New
Arrangements to Borrow, the dollar equivalent of 2,462,000,000
Special Drawing Rights, to remain available until expended. In
addition, the amounts appropriated by title III of the Foreign Aid
and Related Agencies Appropriations Act, 1963 (Public Law 87–
872) and section 1101(b) of the Supplemental Appropriations Act,
1984 (Public Law 98–181) may also be used under section 17
of the Bretton Woods Agreements Act pursuant to the New Arrangements to Borrow.
GENERAL PROVISIONS—THIS TITLE
CONDITIONS FOR THE USE OF APPROPRIATED FUNDS FOR THE
INTERNATIONAL MONETARY FUND

SEC. 601. None of the funds appropriated in this title may
be obligated or made available to the International Monetary Fund

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PUBLIC LAW 105–277—OCT. 21, 1998

until 15 days after the Secretary of the Treasury and the Chairman
of the Board of Governors of the Federal Reserve System jointly
provide written notification to the appropriate committees that
the major shareholders of the Fund have publicly agreed to, and
will act to implement in the Fund the following policies:
(1) Policies providing that conditions in standby or other
arrangements regarding the use of Fund resources include,
in addition to appropriate monetary policy conditions, requirements that the recipient country, in accordance with a schedule
for action—
(A) liberalize restrictions on trade in goods and services, consistent with the terms of all international trade
agreements of which the borrowing country is a signatory;
(B) eliminate the systemic practice or policy of government directed lending on non-commercial terms or provision of market distorting subsidies to favored industries,
enterprises, parties, or institutions; and
(C) provide a legal basis for nondiscriminatory treatment in insolvency proceedings between domestic and foreign creditors, and for debtors and other concerned persons.
(2) Policies providing that within 3 months after any meeting of the Executive Board of the Fund at which a Letter
of Intent, a Policy Framework Paper, an Article IV economic
review consultation with a member country, or a change in
a general policy of the Fund is discussed, a full written summary of the meeting should be made available for public inspection, with the following information redacted:
(A) Information which, if released, would adversely
affect the national security of a country, and which is
of the type that would be classified by the United States
Government.
(B) Market-sensitive information.
(C) Proprietary information.
(3) Policies providing that within 3 months after any meeting of the Executive Board of the Fund at which a Letter
of Intent, a Memorandum of Understanding, or a Policy Framework Paper is discussed, a copy of the Letter of Intent, Memorandum of Understanding, or Policy Framework Paper should
be made available for public inspection with the following
information redacted:
(A) Information which, if released, would adversely
affect the national security of a country, and which is
of the type that would be classified by the United States
Government.
(B) Market-sensitive information.
(C) Proprietary information.
(4) Policies providing that, in circumstances where a country is experiencing balance of payments difficulties due to a
large short-term financing need resulting from a sudden and
disruptive loss of market confidence and in order to provide
an incentive for early repayment and encourage private market
financing, loans made from the Fund’s general resources after
the date of the enactment of this section are—
(A) made available at an interest rate that reflects
an adjustment for risk that is not less than 300 basis
points in excess of the average of the market-based shortterm cost of financing of its largest members; and

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112 STAT. 2681–220

(B) repaid within 1 to 21⁄2 years from each disbursement.
REPORTS ON FINANCIAL STABILIZATION PROGRAMS IN THE REPUBLIC
OF KOREA

SEC. 602. (a) The Secretary of the Treasury shall instruct
the United States Executive Director at the International Monetary
Fund to exert the influence of the United States to oppose further
disbursement of funds to the Republic of Korea under the Republic
of Korea’s standby arrangement of December 4, 1997 (in this section
referred to as the ‘‘Arrangement’’), unless there is in effect a certification by the Secretary of the Treasury to the appropriate committees that—
(1) no Fund resources made available pursuant to the
Arrangement have been used to provide financial assistance
to the semiconductor, steel, automobile, shipbuilding, or textile
and apparel industries;
(2) the Fund has neither guaranteed nor underwritten
the private loans of semiconductor, steel, automobile, shipbuilding, or textile and apparel manufacturers under the Arrangement; and
(3) officials from the Fund and the Department of the
Treasury have monitored the implementation of the provisions
contained in the Arrangement, and all of the conditions have
either been met or the Republic of Korea has committed itself
to fulfill all of these conditions according to an explicit timetable
for completion; which timetable has been provided to the Fund
and the Department of the Treasury and approved by the
Fund.
(b) Before each disbursement of Fund resources to the Republic
of Korea under the Arrangement, the Secretary of the Treasury
shall report to the appropriate committees on whether a certification
by the Secretary pursuant to subsection (a) is in effect.
ADVISORY COMMISSION

SEC. 603. (a) IN GENERAL.—The Secretary of the Treasury
shall establish an International Financial Institution Advisory
Commission (in this section referred to as the ‘‘Commission’’).
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Commission shall be composed of
11 members, as follows:
(A) 3 members appointed by the Speaker of the House
of Representatives.
(B) 3 members appointed by the Majority Leader of
the Senate.
(C) 5 members appointed jointly by the Minority
Leader of the House of Representatives and the Minority
Leader of the Senate.
(2) TIMING OF APPOINTMENTS.—All appointments to the
Commission shall be made not later than 45 days after the
date of enactment of this Act.
(3) CHAIRMAN.—The Majority Leader of the Senate, after
consultation with the Speaker of the House of Representatives
and the Minority Leaders of the House of Representatives
and the Senate, shall designate 1 of the members of the
Commission to serve as Chairman of the Commission.

Establishment.
22 USC 262r
note.

112 STAT. 2681–221

PUBLIC LAW 105–277—OCT. 21, 1998

(c) QUALIFICATIONS.—
(1) EXPERTISE.—Members of the Commission shall be
appointed from among those with knowledge and expertise
in the workings of the international financial institutions (as
defined in section 1701(c)(2) of the International Financial
Institutions Act), the World Trade Organization, and the Bank
for International Settlements.
(2) FORMER AFFILIATION.—At least 4 members of the
Commission shall be individuals who were officers or employees
of the Executive Branch before January 20, 1992, and not
more than half of such 4 members shall have served under
Presidents from the same political party.
(d) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment was made.
(e) DUTIES OF THE COMMISSION.—The Commission shall advise
and report to the Congress on the future role and responsibilities
of the international financial institutions (as defined in section
1701(c)(2) of the International Financial Institutions Act), the World
Trade Organization, and the Bank for International Settlements.
In carrying out such duties, the Commission shall meet with and
advise the Secretary of the Treasury or the Deputy Secretary of
the Treasury, and shall examine—
(1) the effect of globalization, increased trade, capital flows,
and other relevant factors on such institutions;
(2) the adequacy, efficacy, and desirability of current policies and programs at such institutions as well as their suitability for respective beneficiaries of such institutions;
(3) cooperation or duplication of functions and responsibilities of such institutions; and
(4) other matters the Commission deems necessary to make
recommendations pursuant to subsection (g).
(f) POWERS AND PROCEDURES OF THE COMMISSION.—
(1) HEARINGS.—The Commission or, at its direction, any
panel or member of the Commission may, for the purpose
of carrying out the provisions of this section, hold hearings,
sit and act at times and places, take testimony, receive evidence, and administer oaths to the extent that the Commission
or any panel or member considers advisable.
(2) INFORMATION.—The Commission may secure directly
information that the Commission considers necessary to enable
the Commission to carry out its responsibilities under this
section.
(3) MEETINGS.—The Commission shall meet at the call
of the Chairman.
(g) REPORT.—On the termination of the Commission, the
Commission shall submit to the Secretary of the Treasury and
the appropriate committees a report that contains recommendations
regarding the following matters:
(1) Changes to policy goals set forth in the Bretton Woods
Agreements Act and the International Financial Institutions
Act.
(2) Changes to the charters, organizational structures, policies and programs of the international financial institutions
(as defined in section 1701(c)(2) of the International Financial
Institutions Act).

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112 STAT. 2681–222

(3) Additional monitoring tools, global standards, or regulations for, among other things, global capital flows, bankruptcy
standards, accounting standards, payment systems, and safety
and soundness principles for financial institutions.
(4) Possible mergers or abolition of the international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act), including changes to the
manner in which such institutions coordinate their policy and
program implementation and their roles and responsibilities.
(5) Any additional changes necessary to stabilize currencies,
promote continued trade liberalization and to avoid future
financial crises.
(h) TERMINATION.—The Commission shall terminate 6 months
after the first meeting of the Commission, which shall be not
later than 30 days after the appointment of all members of the
Commission.
(i) REPORTS BY THE EXECUTIVE BRANCH.—
(1) Within three months after receiving the report of the
Commission under subsection (g), the President of the United
States through the Secretary of the Treasury shall report to
the appropriate committees on the desirability and feasibility
of implementing the recommendations contained in the report.
(2) Annually, for three years after the termination of the
Commission, the President of the United States through the
Secretary of the Treasury shall submit to the appropriate
committees a report on the steps taken, if any, through relevant
international institutions and international fora to implement
such recommendations as are deemed feasible and desirable
under paragraph (1).
INTERNATIONAL ADVISORY COMMITTEE

SEC. 604. The Secretary of the Treasury shall instruct the
United States Executive Director at the International Monetary
Fund to exert the influence of the United States to seek the
establishment of a permanent advisory committee to the Interim
Committee of the Board of Governors of the Fund, that is to consist
of elected members of the national legislatures of the member
countries directly represented by appointed members of the Executive Board of the Fund, and to seek to ensure that the permanent
advisory committee has the same access to Fund documents as
is afforded to the Executive Board of the Fund.
STRENGTHENING PROCEDURES FOR MONITORING USE OF IMF FUNDS

SEC. 605. (a) The Secretary of the Treasury shall instruct
the United States Executive Director at the International Monetary
Fund to exert the influence of the United States to strengthen
Fund procedures for ascertaining that funds disbursed by the Fund
are used by the central bank (or other fiscal agent) of a borrowing
country in a manner that complies with the conditions of the
Fund program for the country.
(b) On request of the appropriate committees, the United States
Executive Director shall obtain from the Fund and make available
to such committees, on a confidential basis if necessary, data
concerning such compliance.
(c) Within 6 months after the date of the enactment of this
Act, the Secretary of the Treasury shall report to the appropriate

112 STAT. 2681–223

PUBLIC LAW 105–277—OCT. 21, 1998

committees on the progress made toward achieving the requirements of this section.
(d) On a quarterly basis, the Secretary of the Treasury shall
report to the appropriate committees on the standby or other
arrangements of the Fund made during the preceding quarter,
identifying separately the arrangements to which the policies
described in section 601(4) of this title apply and the arrangements
to which such policies do not apply.
PROGRESS REPORTS TO CONGRESS ON UNITED STATES INITIATIVES TO
UPDATE THE ARCHITECTURE OF THE INTERNATIONAL MONETARY
SYSTEM

22 USC 262r
note.

SEC. 606. Not later than July 15, 1999, and July 15, 2000,
the Secretary of the Treasury shall report to the Chairmen and
Ranking Members of the appropriate committees on the progress
of efforts to reform the architecture of the international monetary
system. The reports shall include a discussion of the substance
of the United States position in consultations with other governments and the degree of progress in achieving international acceptance and implementation of such position with respect to the following issues:
(1) Adapting the mission and capabilities of the International Monetary Fund to take better account of the increased
importance of cross-border capital flows in the world economy
and improving the coordination of its responsibilities and activities with those of the International Bank for Reconstruction
and Development.
(2) Advancing measures to prevent, and improve the
management of, international financial crises, including by—
(A) integrating aspects of national bankruptcy principles into the management of international financial crises
where feasible; and
(B) changing investor expectations about official rescues, thereby reducing moral hazard and systemic risk
in international financial markets,
in order to help minimize the adjustment costs that the resolution of financial crises may impose on the real economy, in
the form of disrupted patterns of trade, employment, and
progress in living standards, and reduce the frequency and
magnitude of claims on United States taxpayer resources.
(3) Improving international economic policy cooperation,
including among the Group of Seven countries, to take better
account of the importance of cross-border capital flows in the
determination of exchange rate relationships.
(4) Improving international cooperation in the supervision
and regulation of financial institutions and markets.
(5) Strengthening the financial sector in emerging economies, including by improving the coordination of financial sector
liberalization with the establishment of strong public and private institutions in the areas of prudential supervision, accounting and disclosure conventions, bankruptcy laws and administrative procedures, and the collection and dissemination of economic and financial statistics, including the maturity structure
of foreign indebtedness.
(6) Advocating that implementation of European Economic
and Monetary Union and the advent of the European Currency
Unit, or euro, proceed in a manner that is consistent with

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–224

strong global economic growth and stability in world financial
markets.
DEFINITION

SEC. 607. For purposes of sections 601 through 606 of this
title, the term ‘‘appropriate committees’’ means the Committees
on Appropriations, Foreign Relations, and Banking, Housing, and
Urban Affairs of the Senate and the Committees on Appropriations
and Banking and Financial Services of the House of Representatives.

22 USC 262r
note.

PARTICIPATION IN QUOTA INCREASE

SEC. 608. The Bretton Woods Agreements Act (22 U.S.C. 286–
286mm) is amended by adding at the end the following:
‘‘SEC. 61. QUOTA INCREASE.

‘‘(a) IN GENERAL.—The United States Governor of the Fund
may consent to an increase in the quota of the United States
in the Fund equivalent to 10,622,500,000 Special Drawing Rights.
‘‘(b) SUBJECT TO APPROPRIATIONS.—The authority provided by
subsection (a) shall be effective only to such extent or in such
amounts as are provided in advance in appropriations Acts.’’.

22 USC 286e–
1m.

NEW ARRANGEMENTS TO BORROW

SEC. 609. Section 17 of the Bretton Woods Agreements Act
(22 U.S.C. 286e–2 et seq.) is amended—
(1) in subsection (a)—
(A) by striking ‘‘and February 24, 1983’’ and inserting
‘‘February 24, 1983, and January 27, 1997’’; and
(B) by striking ‘‘4,250,000,000’’ and inserting
‘‘6,712,000,000’’;
(2) in subsection (b), by striking ‘‘4,250,000,000’’ and inserting ‘‘6,712,000,000’’; and
(3) in subsection (d)—
(A) by inserting ‘‘or the Decision of January 27, 1997,’’
after ‘‘February 24, 1983,’’; and
(B) by inserting ‘‘or the New Arrangements to Borrow,
as applicable’’ before the period at the end.

22 USC 286e–2.

ADVOCACY OF POLICIES TO ENHANCE THE GENERAL EFFECTIVENESS
OF THE INTERNATIONAL MONETARY FUND

SEC. 610. (a) IN GENERAL.—Title XV of the International Financial Institutions Act (22 U.S.C. 262o–262o-1) is amended by adding
at the end the following:
‘‘SEC. 1503. ADVOCACY OF POLICIES TO ENHANCE THE GENERAL
EFFECTIVENESS OF THE INTERNATIONAL MONETARY
FUND.

‘‘(a) IN GENERAL.—The Secretary of the Treasury shall instruct
the United States Executive Director of the International Monetary
Fund to use aggressively the voice and vote of the Executive Director to do the following:
‘‘(1) Vigorously promote policies to increase the effectiveness of the International Monetary Fund in structuring programs and assistance so as to promote policies and actions

22 USC 262o–2.

112 STAT. 2681–225

PUBLIC LAW 105–277—OCT. 21, 1998

that will contribute to exchange rate stability and avoid
competitive devaluations that will further destabilize the international financial and trading systems.
‘‘(2) Vigorously promote policies to increase the effectiveness of the International Monetary Fund in promoting marketoriented reform, trade liberalization, economic growth, democratic governance, and social stability through—
‘‘(A) establishing an independent monetary authority,
with full power to conduct monetary policy, that provides
for a non-inflationary domestic currency that is fully
convertible in foreign exchange markets;
‘‘(B) opening domestic markets to fair and open internal
competition among domestic enterprises by eliminating
inappropriate favoritism for small or large businesses,
eliminating elite monopolies, creating and effectively
implementing anti-trust and anti-monopoly laws to protect
free competition, and establishing fair and accessible legal
procedures for dispute settlement among domestic enterprises;
‘‘(C) privatizing industry in a fair and equitable manner
that provides economic opportunities to a broad spectrum
of the population, eliminating government and elite
monopolies, closing loss-making enterprises, and reducing
government control over the factors of production;
‘‘(D) economic deregulation by eliminating inefficient
and overly burdensome regulations and strengthening the
legal framework supporting private contract and intellectual property rights;
‘‘(E) establishing or strengthening key elements of a
social safety net to cushion the effects on workers of
unemployment and dislocation; and
‘‘(F) encouraging the opening of markets for agricultural commodities and products by requiring recipient countries to make efforts to reduce trade barriers.
‘‘(3) Vigorously promote policies to increase the effectiveness of the International Monetary Fund, in concert with appropriate international authorities and other international financial institutions (as defined in section 1701(c)(2)), in strengthening financial systems in developing countries, and encouraging
the adoption of sound banking principles and practices, including the development of laws and regulations that will help
to ensure that domestic financial institutions meet strong standards regarding capital reserves, regulatory oversight, and transparency.
‘‘(4) Vigorously promote policies to increase the effectiveness of the International Monetary Fund, in concert with appropriate international authorities and other international financial institutions (as defined in section 1701(c)(2)), in facilitating
the development and implementation of internationally acceptable domestic bankruptcy laws and regulations in developing
countries, including the provision of technical assistance as
appropriate.
‘‘(5) Vigorously promote policies that aim at appropriate
burden-sharing by the private sector so that investors and
creditors bear more fully the consequences of their decisions,
and accordingly advocate policies which include—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–226

‘‘(A) strengthening crisis prevention and early warning
signals through improved and more effective surveillance
of the national economic policies and financial market
development of countries (including monitoring of the structure and volume of capital flows to identify problematic
imbalances in the inflow of short and medium term investment capital, potentially destabilizing inflows of offshore
lending and foreign investment, or problems with the maturity profiles of capital to provide warnings of imminent
economic instability), and fuller disclosure of such information to market participants;
‘‘(B) accelerating work on strengthening financial systems in emerging market economies so as to reduce the
risk of financial crises;
‘‘(C) consideration of provisions in debt contracts that
would foster dialogue and consultation between a sovereign
debtor and its private creditors, and among those creditors;
‘‘(D) consideration of extending the scope of the International Monetary Fund’s policy on lending to members
in arrears and of other policies so as to foster the dialogue
and consultation referred to in subparagraph (C);
‘‘(E) intensified consideration of mechanisms to facilitate orderly workout mechanisms for countries experiencing
debt or liquidity crises;
‘‘(F) consideration of establishing ad hoc or formal linkages between the provision of official financing to countries
experiencing a financial crisis and the willingness of market
participants to meaningfully participate in any stabilization
effort led by the International Monetary Fund;
‘‘(G) using the International Monetary Fund to facilitate discussions between debtors and private creditors to
help ensure that financial difficulties are resolved without
inappropriate resort to public resources; and
‘‘(H) the International Monetary Fund accompanying
the provision of funding to countries experiencing a financial crisis resulting from imprudent borrowing with efforts
to achieve a significant contribution by the private creditors, investors, and banks which had extended such credits.
‘‘(6) Vigorously promote policies that would make the International Monetary Fund a more effective mechanism, in concert
with appropriate international authorities and other international financial institutions (as defined in section 1701(c)(2)),
for promoting good governance principles within recipient countries by fostering structural reforms, including procurement
reform, that reduce opportunities for corruption and bribery,
and drug-related money laundering.
‘‘(7) Vigorously promote the design of International Monetary Fund programs and assistance so that governments that
draw on the International Monetary Fund channel public funds
away from unproductive purposes, including large ‘show case’
projects and excessive military spending, and toward investment in human and physical capital as well as social programs
to protect the neediest and promote social equity.
‘‘(8) Work with the International Monetary Fund to foster
economic prescriptions that are appropriate to the individual
economic circumstances of each recipient country, recognizing
that inappropriate stabilization programs may only serve to

112 STAT. 2681–227

PUBLIC LAW 105–277—OCT. 21, 1998

further destabilize the economy and create unnecessary economic, social, and political dislocation.
‘‘(9) Structure International Monetary Fund programs and
assistance so that the maintenance and improvement of core
labor standards are routinely incorporated as an integral goal
in the policy dialogue with recipient countries, so that—
‘‘(A) recipient governments commit to affording workers
the right to exercise internationally recognized core worker
rights, including the right of free association and collective
bargaining through unions of their own choosing;
‘‘(B) measures designed to facilitate labor market flexibility are consistent with such core worker rights; and
‘‘(C) the staff of the International Monetary Fund surveys the labor market policies and practices of recipient
countries and recommends policy initiatives that will help
to ensure the maintenance or improvement of core labor
standards.
‘‘(10) Vigorously promote International Monetary Fund programs and assistance that are structured to the maximum
extent feasible to discourage practices which may promote ethnic or social strife in a recipient country.
‘‘(11) Vigorously promote recognition by the International
Monetary Fund that macroeconomic developments and policies
can affect and be affected by environmental conditions and
policies, and urge the International Monetary Fund to encourage member countries to pursue macroeconomic stability while
promoting environmental protection.
‘‘(12) Facilitate greater International Monetary Fund transparency, including by enhancing accessibility of the International Monetary Fund and its staff, fostering a more open
release policy toward working papers, past evaluations, and
other International Monetary Fund documents, seeking to publish all Letters of Intent to the International Monetary Fund
and Policy Framework Papers, and establishing a more open
release policy regarding Article IV consultations.
‘‘(13) Facilitate greater International Monetary Fund
accountability and enhance International Monetary Fund selfevaluation by vigorously promoting review of the effectiveness
of the Office of Internal Audit and Inspection and the Executive
Board’s external evaluation pilot program and, if necessary,
the establishment of an operations evaluation department modeled on the experience of the International Bank for Reconstruction and Development, guided by such key principles as usefulness, credibility, transparency, and independence.
‘‘(14) Vigorously promote coordination with the International Bank for Reconstruction and Development and other
international financial institutions (as defined in section
1701(c)(2)) in promoting structural reforms which facilitate the
provision of credit to small businesses, including microenterprise lending, especially in the world’s poorest, heavily indebted
countries.
‘‘(b) COORDINATION WITH OTHER EXECUTIVE DEPARTMENTS.—
To the extent that it would assist in achieving the goals described
in subsection (a), the Secretary of the Treasury shall pursue the
goals in coordination with the Secretary of State, the Secretary
of Labor, the Secretary of Commerce, the Administrator of the
Environmental Protection Agency, the Administrator of the Agency

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–228

for International Development, and the United States Trade Representative.’’.
(b) ADVISORY COMMITTEE ON IMF POLICY.—Section 1701 of
such Act (22 U.S.C. 262p–5) is amended by adding at the end
the following:
‘‘(e) ADVISORY COMMITTEE ON IMF POLICY.—
‘‘(1) IN GENERAL.—The Secretary of the Treasury should
establish an International Monetary Fund Advisory Committee
(in this subsection referred to as the ‘Advisory Committee’).
‘‘(2) MEMBERSHIP.—The Advisory Committee should consist
of members appointed by the Secretary of the Treasury, after
appropriate consultations with the relevant organizations. Such
members should include representatives from industry, representatives from agriculture, representatives from organized
labor, representatives from banking and financial services, and
representatives from nongovernmental environmental and
human rights organizations.’’.

22 USC 262r.

REDUCTION OF BARRIERS TO AGRICULTURAL TRADE

SEC. 611. Title XIV of the International Financial Institutions
Act (22 U.S.C. 262n–262n-2) is amended by adding at the end
the following:
‘‘SEC. 1404. REDUCTION OF BARRIERS TO AGRICULTURAL TRADE.

22 USC 262n–3.

‘‘The Secretary of the Treasury shall instruct the United States
Executive Director at the International Monetary Fund to use
aggressively the voice and vote of the United States to vigorously
promote policies to encourage the opening of markets for agricultural commodities and products by requiring recipient countries
to make efforts to reduce trade barriers.’’.
SEMIANNUAL REPORTS ON FINANCIAL STABILIZATION PROGRAMS LED
BY THE INTERNATIONAL MONETARY FUND IN CONNECTION WITH FINANCING FROM THE EXCHANGE STABILIZATION FUND

SEC. 612. Title XVII of the International Financial Institutions
Act (22 U.S.C. 262r–262r-2) is amended by adding at the end
the following:
‘‘SEC. 1704. REPORTS ON FINANCIAL STABILIZATION PROGRAMS LED
BY THE INTERNATIONAL MONETARY FUND IN CONNECTION WITH FINANCING FROM THE EXCHANGE STABILIZATION FUND.

‘‘(a) IN GENERAL.—The Secretary of the Treasury, in consultation with the Secretary of Commerce and other appropriate Federal
agencies, shall prepare reports on the implementation of financial
stabilization programs (and any material terms and conditions
thereof) led by the International Monetary Fund in countries in
connection with which the United States has made a commitment
to provide, or has provided financing from the stabilization fund
established under section 5302 of title 31, United States Code.
The reports shall include the following:
‘‘(1) A description of the condition of the economies of
countries requiring the financial stabilization programs, including the monetary, fiscal, and exchange rate policies of the
countries.
‘‘(2) A description of the degree to which the countries
requiring the financial stabilization programs have fully

22 USC 262r–3.

112 STAT. 2681–229

PUBLIC LAW 105–277—OCT. 21, 1998

implemented financial sector restructuring and reform measures required by the International Monetary Fund, including—
‘‘(A) ensuring full respect for the commercial orientation of commercial bank lending;
‘‘(B) ensuring that governments will not intervene in
bank management and lending decisions (except in regard
to prudential supervision);
‘‘(C) the enactment and implementation of appropriate
financial reform legislation;
‘‘(D) strengthening the domestic financial system and
improving transparency and supervision; and
‘‘(E) the opening of domestic capital markets.
‘‘(3) A description of the degree to which the countries
requiring the financial stabilization programs have fully implemented reforms required by the International Monetary Fund
that are directed at corporate governance and corporate structure, including—
‘‘(A) making nontransparent conglomerate practices
more transparent through the application of internationally
accepted accounting practices, independent external audits,
full disclosure, and provision of consolidated statements;
and
‘‘(B) ensuring that no government subsidized support
or tax privileges will be provided to bail out individual
corporations, particularly in the semiconductor, steel, and
paper industries.
‘‘(4) A description of the implementation of reform measures
required by the International Monetary Fund to deregulate
and privatize economic activity by ending domestic monopolies,
undertaking trade liberalization, and opening up restricted
areas of the economy to foreign investment and competition.
‘‘(5) A detailed description of the trade policies of the countries, including any unfair trade practices or adverse effects
of the trade policies on the United States.
‘‘(6) A description of the extent to which the financial
stabilization programs have resulted in appropriate burdensharing among private sector creditors, including rescheduling
of outstanding loans by lengthening maturities, agreements
on debt reduction, and the extension of new credit.
‘‘(7) A description of the extent to which the economic
adjustment policies of the International Monetary Fund and
the policies of the government of the country adequately balance
the need for financial stabilization, economic growth, environmental protection, social stability, and equity for all elements
of the society.
‘‘(8) Whether International Monetary Fund involvement
in labor market flexibility measures has had a negative effect
on core worker rights, particularly the rights of free association
and collective bargaining.
‘‘(9) A description of any pattern of abuses of core worker
rights in recipient countries.
‘‘(10) The amount, rate of interest, and disbursement and
repayment schedules of any funds disbursed from the stabilization fund established under section 5302 of title 31, United
States Code, in the form of loans, credits, guarantees, or swaps,
in support of the financial stabilization programs.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–230

‘‘(11) The amount, rate of interest, and disbursement and
repayment schedules of any funds disbursed by the International Monetary Fund to the countries in support of the
financial stabilization programs.
‘‘(b) TIMING.—Not later than March 15, 1999, and semiannually
thereafter, the Secretary of the Treasury shall submit to the
Committees on Banking and Financial Services and International
Relations of the House of Representatives and the Committees
on Foreign Relations, and Banking, Housing, and Urban Affairs
of the Senate a report on the matters described in subsection
(a).’’.
ANNUAL REPORT AND TESTIMONY ON THE STATE OF THE INTERNATIONAL FINANCIAL SYSTEM, IMF REFORM, AND COMPLIANCE WITH
IMF AGREEMENTS

SEC. 613. Title XVII of the International Financial Institutions
Act (22 U.S.C. 262r–262r-2) is further amended by adding at the
end the following:
‘‘SEC. 1705. ANNUAL REPORT AND TESTIMONY ON THE STATE OF THE
INTERNATIONAL FINANCIAL SYSTEM, IMF REFORM, AND
COMPLIANCE WITH IMF AGREEMENTS.

22 USC 262r–4.

‘‘(a) REPORTS.—Not later than October 1 of each year, the
Secretary of the Treasury shall submit to the Committee on Banking
and Financial Services of the House of Representatives and the
Committee on Foreign Relations of the Senate a written report
on the progress (if any) made by the United States Executive
Director at the International Monetary Fund in influencing the
International Monetary Fund to adopt the policies and reform its
internal procedures in the manner described in section 1503.
‘‘(b) TESTIMONY.—After submitting the report required by subsection (a) but not later than March 1 of each year, the Secretary
of the Treasury shall appear before the Committee on Banking
and Financial Services of the House of Representatives and the
Committee on Foreign Relations of the Senate and present testimony on—
‘‘(1) any progress made in reforming the International
Monetary Fund;
‘‘(2) the status of efforts to reform the international financial system; and
‘‘(3) the compliance of countries which have received assistance from the International Monetary Fund with agreements
made as a condition of receiving the assistance.’’.
AUDITS OF THE INTERNATIONAL MONETARY FUND

SEC. 614. Title XVII of the International Financial Institutions
Act (22 U.S.C. 262r–262r-2) is further amended by adding at the
end the following:
‘‘SEC. 1706. AUDITS OF THE INTERNATIONAL MONETARY FUND.

‘‘(a) ACCESS TO MATERIALS.—Not later than 30 days after the
date of the enactment of this section, the Secretary of the Treasury
shall certify to the Committee on Banking and Financial Services
of the House of Representatives and the Committee on Foreign
Relations of the Senate that the Secretary has instructed the United
States Executive Director at the International Monetary Fund to
facilitate timely access by the General Accounting Office to

22 USC 262r–5.

112 STAT. 2681–231

PUBLIC LAW 105–277—OCT. 21, 1998

information and documents of the International Monetary Fund
needed by the Office to perform financial reviews of the International Monetary Fund that will facilitate the conduct of United
States policy with respect to the Fund.
‘‘(b) REPORTS.—Not later than June 30, 1999, and annually
thereafter, the Comptroller General of the United States shall prepare and submit to the committees specified in subsection (a),
the Committee on Appropriations of the House of Representatives,
and the Committee on Appropriations of the Senate a report on
the financial operations of the Fund during the preceding year,
which shall include—
‘‘(1) the current financial condition of the International
Monetary Fund;
‘‘(2) the amount, rate of interest, disbursement schedule,
and repayment schedule for any loans that were initiated or
outstanding during the preceding calendar year, and with
respect to disbursement schedules, the report shall identify
and discuss in detail any conditions required to be fulfilled
by a borrower country before a disbursement is made;
‘‘(3) a detailed description of whether the trade policies
of borrower countries permit free and open trade by the United
States and other foreign countries in the borrower countries;
‘‘(4) a detailed description of the export policies of borrower
countries and whether the policies may result in increased
export of their products, goods, or services to the United States
which may have significant adverse effects on, or result in
unfair trade practices against or affecting United States companies, farmers, or communities;
‘‘(5) a detailed description of any conditions of International
Monetary Fund loans which have not been met by borrower
countries, including a discussion of the reasons why such conditions were not met, and the actions taken by the International
Monetary Fund due to the borrower country’s noncompliance;
‘‘(6) an identification of any borrower country and loan
on which any loan terms or conditions were renegotiated in
the preceding calendar year, including a discussion of the reasons for the renegotiation and any new loan terms and conditions; and
‘‘(7) a specification of the total number of loans made by
the International Monetary Fund from its inception through
the end of the period covered by the report, the number and
percentage (by number) of such loans that are in default or
arrears, and the identity of the countries in default or arrears,
and the number of such loans that are outstanding as of the
end of period covered by the report and the aggregate amount
of the outstanding loans and the average yield (weighted by
loan principal) of the historical and outstanding loan portfolios
of the International Monetary Fund.’’.
This Act may be cited as the ‘‘Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1999’’.
(e) For programs, projects or activities in the Department of
the Interior 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:

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–232

AN ACT Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1999, and for other purposes.

TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU

OF

LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance
of other functions, including maintenance of facilities, as authorized
by law, in the management of lands and their resources under
the jurisdiction of the Bureau of Land Management, including the
general administration of the Bureau, and assessment of mineral
potential of public lands pursuant to Public Law 96–487 (16 U.S.C.
3150(a)), $619,311,000, to remain available until expended, of which
$2,082,000 shall be available for assessment of the mineral potential
of public lands in Alaska pursuant to section 1010 of Public Law
96–487 (16 U.S.C. 3150); and of which $3,000,000 shall be derived
from the special receipt account established by the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l–6a(i)); and
of which $1,500,000 shall be available in fiscal year 1999 subject
to a match by at least an equal amount by the National Fish
and Wildlife Foundation, to such Foundation for cost-shared projects
supporting conservation of Bureau lands; in addition, $32,650,000
for Mining Law Administration program operations, including the
cost of administering the mining claim fee program; to remain
available until expended, to be reduced by amounts collected by
the Bureau and credited to this appropriation from annual mining
claim fees so as to result in a final appropriation estimated at
not more than $619,311,000, and $2,000,000, to remain available
until expended, from communication site rental fees established
by the Bureau for the cost of administering communication site
activities: Provided, That appropriations herein made shall not
be available for the destruction of healthy, unadopted, wild horses
and burros in the care of the Bureau or its contractors.
WILDLAND FIRE MANAGEMENT

For necessary expenses for fire preparedness, suppression operations, emergency rehabilitation; and hazardous fuels reduction
by the Department of the Interior, $286,895,000, to remain available
until expended, of which not to exceed $6,950,000 shall be for
the renovation or construction of fire facilities: Provided, That such
funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred
for such purposes: Provided further, That unobligated balances of
amounts previously appropriated to the ‘‘Fire Protection’’ and
‘‘Emergency Department of the Interior Firefighting Fund’’ may
be transferred and merged with this appropriation: Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging without cost from funds available
from this appropriation: Provided further, That notwithstanding
42 U.S.C. 1856d, sums received by a Bureau or office of the Department of the Interior for fire protection rendered pursuant to 42
U.S.C. 1856 et seq., Protection of United States Property, may
be credited to the appropriation from which funds were expended

Department of
the Interior and
Related Agencies
Appropriations
Act, 1999.

112 STAT. 2681–233

PUBLIC LAW 105–277—OCT. 21, 1998

to provide that protection, and are available without fiscal year
limitation.
CENTRAL HAZARDOUS MATERIALS FUND

For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the remedial action,
including associated activities, of hazardous waste substances,
pollutants, or contaminants pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), $10,000,000, to remain available
until expended: Provided, That notwithstanding 31 U.S.C. 3302,
sums recovered from or paid by a party in advance of or as
reimbursement for remedial action or response activities conducted
by the Department pursuant to section 107 or 113(f) of such Act,
shall be credited to this account to be available until expended
without further appropriation: Provided further, That such sums
recovered from or paid by any party are not limited to monetary
payments and may include stocks, bonds or other personal or real
property, which may be retained, liquidated, or otherwise disposed
of by the Secretary and which shall be credited to this account.
CONSTRUCTION

For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $10,997,000, to remain available until
expended.
PAYMENTS IN LIEU OF TAXES

For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901–6907), $125,000,000, of which
not to exceed $400,000 shall be available for administrative
expenses: Provided, That no payment shall be made to otherwise
eligible units of local government if the computed amount of the
payment is less than $100.
LAND ACQUISITION

For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94–579, including administrative expenses
and acquisition of lands or waters, or interests therein, $14,600,000,
to be derived from the Land and Water Conservation Fund, to
remain available until expended.
OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other improvements
on the revested Oregon and California Railroad grant lands, on
other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of
lands or interests therein including existing connecting roads on
or adjacent to such grant lands; $97,037,000, to remain available
until expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Oregon
and California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be transferred

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–234

to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28,
1937 (50 Stat. 876).
FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)

In addition to the purposes authorized in Public Law 102–
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning, preparing,
and monitoring salvage timber sales and forest ecosystem health
and recovery activities such as release from competing vegetation
and density control treatments. The Federal share of receipts
(defined as the portion of salvage timber receipts not paid to the
counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–1 et seq.,
and Public Law 103–66) derived from treatments funded by this
account shall be deposited into the Forest Ecosystem Health and
Recovery Fund.
RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant
to section 401 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums
equal to 50 percent of all moneys received during the prior fiscal
year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315 et seq.) and the amount designated for range improvements
from grazing fees and mineral leasing receipts from BankheadJones lands transferred to the Department of the Interior pursuant
to law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be available
for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES

For administrative expenses and other costs related to processing application documents and other authorizations for use and
disposal of public lands and resources, for costs of providing copies
of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such
amounts as may be collected under Public Law 94–579, as amended,
and Public Law 93–153, to remain available until expended: Provided, That notwithstanding any provision to the contrary of section
305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that
have been or will be received pursuant to that section, whether
as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C.
1735(c)), shall be available and may be expended under the authority of this Act by the Secretary to improve, protect, or rehabilitate
any public lands administered through the Bureau of Land Management which have been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are
used on the exact lands damaged which led to the action: Provided
further, That any such moneys that are in excess of amounts needed

43 USC 1735
note.

112 STAT. 2681–235

PUBLIC LAW 105–277—OCT. 21, 1998

to repair damage to the exact land for which funds were collected
may be used to repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be
contributed under section 307 of the Act of October 21, 1976 (43
U.S.C. 1701), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances
of omitted lands under section 211(b) of that Act, to remain available
until expended.
ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings
and appurtenant facilities to which the United States has title;
up to $100,000 for payments, at the discretion of the Secretary,
for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of
enforcement activities authorized or approved by the Secretary and
to be accounted for solely on his certificate, not to exceed $10,000:
Provided, That notwithstanding 44 U.S.C. 501, the Bureau may,
under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators share the cost of printing either in cash or in services, and
the Bureau determines the cooperator is capable of meeting accepted
quality standards.
Section 28f(a) of title 30, United States Code, is amended
by striking the first sentence and inserting, ‘‘The holder of each
unpatented mining claim, mill, or tunnel site, located pursuant
to the mining laws of the United States, whether located before
or after the enactment of this Act, shall pay to the Secretary
of the Interior, on or before September 1 of each year for years
1999 through 2001, a claim maintenance fee of $100 per claim
or site.’’
Section 28f(d) of title 30, United States Code, is amended
by adding the following new subsection at the end:
‘‘(3) If a small miner waiver application is determined
to be defective for any reason, the claimant shall have a period
of 60 days after receipt of written notification of the defect
or defects by the Bureau of Land Management to: (A) cure
such defect or defects, or (B) pay the $100 claim maintenance
fee due for such period.’’.
Section 28g of title 30, United States Code, is amended by
striking ‘‘and before September 30, 1998’’ and inserting in lieu
thereof ‘‘and before September 30, 2001’’.
UNITED STATES FISH

AND

WILDLIFE SERVICE

RESOURCE MANAGEMENT

For necessary expenses of the United States Fish and Wildlife
Service, for scientific and economic studies, conservation, management, investigations, protection, and utilization of fishery and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–236

wildlife resources, except whales, seals, and sea lions, maintenance
of the herd of long-horned cattle on the Wichita Mountains Wildlife
Refuge, general administration, and for the performance of other
authorized functions related to such resources by direct expenditure,
contracts, grants, cooperative agreements and reimbursable agreements with public and private entities, $661,136,000, to remain
available until September 30, 2000, except as otherwise provided
herein, of which $11,648,000 shall remain available until expended
for operation and maintenance of fishery mitigation facilities constructed by the Corps of Engineers under the Lower Snake River
Compensation Plan, authorized by the Water Resources Development Act of 1976, to compensate for loss of fishery resources from
water development projects on the Lower Snake River, and of
which not less than $2,000,000 shall be provided to local governments in southern California for planning associated with the Natural Communities Conservation Planning (NCCP) program and shall
remain available until expended: Provided, That not less than
$1,000,000 for high priority projects which shall be carried out
by the Youth Conservation Corps as authorized by the Act of
August 13, 1970, as amended: Provided further, That not to exceed
$5,756,000 shall be used for implementing subsections (a), (b), (c),
and (e) of section 4 of the Endangered Species Act, as amended,
for species that are indigenous to the United States (except for
processing petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions
described in subsections (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)): Provided further, That of the amount available for law enforcement,
up to $400,000 to remain available until expended, may at the
discretion of the Secretary, be used for payment for information,
rewards, or evidence concerning violations of laws administered
by the Service, and miscellaneous and emergency expenses of
enforcement activity, authorized or approved by the Secretary and
to be accounted for solely on his certificate: Provided further, That
hereafter, all fees collected for Federal migratory bird permits shall
be available to the Secretary, without further appropriation, to
be used for the expenses of the U.S. Fish and Wildlife Service
in administering such Federal migratory bird permits, and shall
remain available until expended: Provided further, That hereafter,
pursuant to 31 U.S.C. 9701 and notwithstanding 31 U.S.C. 3302,
the Secretary shall charge reasonable fees for the full costs of
the U.S. Fish and Wildlife Service in operating and maintaining
the M/V Tiglax and other vessels, to be credited to this account
and to be available until expended: Provided further, That of the
amount provided for environmental contaminants, up to $1,000,000
may remain available until expended for contaminant sample analyses.
CONSTRUCTION

For construction and acquisition of buildings and other facilities
required in the conservation, management, investigation, protection,
and utilization of fishery and wildlife resources, and the acquisition
of lands and interests therein; $50,453,000, to remain available
until expended: Provided, That under this heading in Public Law
105–174, the word ‘‘fire,’’ is inserted before the word ‘‘floods’’.

16 USC 718k.

16 USC 746a.

112 STAT. 2681–237

PUBLIC LAW 105–277—OCT. 21, 1998
LAND ACQUISITION

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for acquisition of land
or waters, or interest therein, in accordance with statutory authority
applicable to the United States Fish and Wildlife Service,
$48,024,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended, of which $1,000,000,
together with such other sums as may become available, is for
a grant to the State of Ohio for acquisition of the Howard Farm
near Metzger Marsh in the State of Ohio.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

For expenses necessary to carry out the provisions of the Endangered Species Act of 1973 (16 U.S.C. 1531–1543), as amended,
$14,000,000, to be derived from the Cooperative Endangered Species
Conservation Fund, and to remain available until expended.
NATIONAL WILDLIFE REFUGE FUND

For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $10,779,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND

For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101–233, as
amended, $15,000,000, to remain available until expended.
WILDLIFE CONSERVATION AND APPRECIATION FUND

For necessary expenses of the Wildlife Conservation and Appreciation Fund, $800,000, to remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND

16 USC 4246.

For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201–4203, 4211–4213, 4221–4225, 4241–
4245, and 1538), the Asian Elephant Conservation Act of 1997
(Public Law 105–96), and the Rhinoceros and Tiger Conservation
Act of 1994 (16 U.S.C. 5301–5306), $2,000,000, to remain available
until expended: Provided, That unexpended balances of amounts
previously appropriated to the African Elephant Conservation Fund,
Rewards and Operations account, and Rhinoceros and Tiger Conservation Fund may be transferred to and merged with this appropriation: Provided further,That in fiscal year 1999 and thereafter,
donations to provide assistance under section 5304 of the Rhinoceros
and Tiger Conservation Act, subchapter I of the African Elephant
Conservation Act, and section 6 of the Asian Elephant Conservation
Act of 1997 shall be deposited to this Fund and shall be available
without further appropriation: Provided further, That in fiscal year
1999 and thereafter, all penalties received by the United States
under 16 U.S.C. 4224 which are not used to pay rewards under
16 U.S.C. 4225 shall be deposited to this Fund to provide assistance
under 16 U.S.C. 4211 and shall be available without further appropriation: Provided further, That in fiscal year 1999 and thereafter,
not more than three percent of amounts appropriated to this Fund

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–238

may be used by the Secretary of the Interior to administer the
Fund.
ADMINISTRATIVE PROVISIONS

Appropriations and funds available to the United States Fish
and Wildlife Service shall be available for purchase of not to exceed
104 passenger motor vehicles, of which 89 are for replacement
only (including 38 for police-type use); repair of damage to public
roads within and adjacent to reservation areas caused by operations
of the Service; options for the purchase of land at not to exceed
$1 for each option; facilities incident to such public recreational
uses on conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the Service and
to which the United States has title, and which are used pursuant
to law in connection with management and investigation of fish
and wildlife resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and partnership arrangements authorized by law, procure printing services
from cooperators in connection with jointly produced publications
for which the cooperators share at least one-half the cost of printing
either in cash or services and the Service determines the cooperator
is capable of meeting accepted quality standards: Provided further,
That the Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That notwithstanding any other
provision of law, the Secretary of the Interior may not spend any
of the funds appropriated in this Act for the purchase of lands
or interests in lands to be used in the establishment of any new
unit of the National Wildlife Refuge System unless the purchase
is approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming procedures
contained in Senate Report 105–56: Provided further, That hereafter
the Secretary may sell land and interests in land, other than
surface water rights, acquired in conformance with subsections
206(a) and 207(c) of Public Law 101–618, the receipts of which
shall be deposited to the Lahontan Valley and Pyramid Lake Fish
and Wildlife Fund and used exclusively for the purposes of such
subsections, without regard to the limitation on the distribution
of benefits in subsection 206(f)(2) of such law: Provided further,
That section 104(c)(50)(B) of the Marine Mammal Protection Act
(16 U.S.C. 1361–1407) is amended by inserting the words ‘‘until
expended’’ after the word ‘‘Secretary’’ in the second sentence.

16 USC 1374.

TECHNICAL CORRECTIONS

Unit SC–03—
(1) The Secretary of the Interior shall, before the end
of the 30-day period beginning on the date of the enactment
of this Act, make such corrections to the map described in
paragraph (2) as are necessary to ensure that depictions of
areas on that map are consistent with the depictions of areas
appearing on the map entitled ‘‘Amendments to the Coastal
Barrier Resources System’’, dated May 15, 1997, and on file
with the Committee on Resources of the House of Representatives.
(2) The map described in this paragraph is the map that—

16 USC 3503
note.

112 STAT. 2681–239

PUBLIC LAW 105–277—OCT. 21, 1998

(A) is included in a set of maps entitled ‘‘Coastal Barrier Resources System’’, dated October 24, 1990; and
(B) relates to unit SC–03 of the Coastal Barrier
Resources System.
Unit FL–35P—
(1) The Secretary of the Interior shall, before the end
of the 30-day period beginning on the date of the enactment
of this Act, make such corrections to the map described in
paragraph (2) as are necessary to ensure that depictions of
areas on that map are consistent with the depictions of areas
appearing on the map entitled ‘‘Amendments to the Coastal
Barrier Resources System’’, dated August 31, 1998, and on
file with the Committee on Resources of the House of Representatives.
(2) The map described in this paragraph is the map that—
(A) is included in a set of maps entitled ‘‘Coastal Barrier Resources System’’, dated October 24, 1990; and
(B) relates to unit FL–35P of the Coastal Barrier
Resources System.
Unit FL–35—
The Secretary of the Interior shall, before the end of the
30-day period beginning on the date of the enactment of this
Act, revise the the map depicting unit FL–35 of the Coastal
Barrier Resources System to exclude Pumpkin Key from the
System.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National
Park Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administration of the National Park Service, including not less than $1,000,000
for high priority projects within the scope of the approved budget
which shall be carried out by the Youth Conservation Corps as
authorized by 16 U.S.C. 1706, $1,285,604,000, of which not less
than $600,000 is for salaries and expenses by, at, and exclusively
for new hires of mineral examiners on site at the Mojave National
Preserve, none of which may be used for staff or administrative
expenses for the geological resources division in Denver, Colorado
or any other location, and of which $12,800,000 is for research,
planning and interagency coordination in support of land acquisition
for Everglades restoration shall remain available until expended,
and of which not to exceed $10,000,000, to remain available until
expended, is to be derived from the special fee account established
pursuant to title V, section 5201 of Public Law 100–203.
NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant administration, not otherwise provided for, $46,225,000.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–240

HISTORIC PRESERVATION FUND

For expenses necessary in carrying out the Historic Preservation Act of 1966, as amended (16 U.S.C. 470), and the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law
104–333), $72,412,000, to be derived from the Historic Preservation
Fund, to remain available until September 30, 2000, of which
$7,000,000 pursuant to section 507 of Public Law 104–333 shall
remain available until expended: Provided, That of the total amount
provided, $30,000,000 shall be for Save America’s Treasures for
priority preservation projects, including preservation of intellectual
and cultural artifacts and of historic structures and sites, of the
National Archives and Records Administration and of Federal agencies to which funds were appropriated in the Fiscal Year 1998
Interior and Related Agencies Appropriations Act: Provided further,
That individual Save America’s Treasures grants shall be subject
to a fifty percent non-Federal match, and shall be available by
transfer to appropriate accounts of individual agencies, after
approval of projects by the Secretary: Provided further, That the
agencies shall develop a common list of project selection criteria
for Save America’s Treasures which shall include national significance, urgency of need, and educational value, and which shall
be approved by the House and Senate Committees on Appropriations prior to any commitment of grant funds: Provided further,
That individual projects shall only be eligible for one grant, and
all projects to be funded shall be approved by the House and
Senate Committees on Appropriations prior to any commitment
of grant funds: Provided further, That within the amount provided
for Save America’s Treasures, $3,000,000 shall be transferred immediately to the Smithsonian Institution for restoration of the Star
Spangled Banner, $500,000 shall be available for the Sewall-Belmont House and sufficient funds to complete the restoration of
the Declaration of Independence and the U.S. Constitution located
in the National Archives: Provided further, That none of the funds
provided for Save America’s Treasures may be used for administrative expenses, and staffing for the program shall be available from
the existing staffing levels in the National Park Service.
CONSTRUCTION

For construction, improvements, repair or replacement of physical facilities, including the modifications authorized by section
104 of the Everglades National Park Protection and Expansion
Act of 1989, $226,058,000, to remain available until expended:
Provided, That $550,000 for the Susan B. Anthony House,
$1,000,000 for the Virginia City Historic District, $2,000,000 for
the Field Museum, $500,000 for the Hecksher Museum, $600,000
for the Sotterly Plantation House, $1,500,000 for the Kendall
County Courthouse, $1,000,000 for the U–505, and $600,000 for
the Wheeling National Heritage Area shall be derived from the
Historic Preservation Fund pursuant to 16 U.S.C. 470a.
LAND AND WATER CONSERVATION FUND
(RESCISSION)

The contract authority provided for fiscal year 1999 by 16
U.S.C. 460l–10a is rescinded.

16 USC 460l–10a
note.

112 STAT. 2681–241

PUBLIC LAW 105–277—OCT. 21, 1998
LAND ACQUISITION AND STATE ASSISTANCE

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for acquisition of lands
or waters, or interest therein, in accordance with statutory authority
applicable to the National Park Service, $147,925,000, to be derived
from the Land and Water Conservation Fund, to remain available
until expended, of which $500,000 is to administer the State assistance program: Provided, That any funds made available for the
purpose of acquisition of the Elwha and Glines dams shall be
used solely for acquisition, and shall not be expended until the
full purchase amount has been appropriated by the Congress: Provided further, That the Secretary may acquire interests in the
property known as George Washington’s Boyhood Home, Ferry
Farm, from the funds provided under this heading without regard
to any restrictions of the Land and Water Conservation Fund Act
of 1965: Provided further, That from the funds made available
for land acquisition at Everglades National Park and Big Cypress
National Preserve, the Secretary may provide for Federal assistance
to the State of Florida for the acquisition of lands or waters,
or interests therein, within the Everglades watershed (consisting
of lands and waters within the boundaries of the South Florida
Water Management District, Florida Bay and the Florida Keys)
under terms and conditions deemed necessary by the Secretary,
to improve and restore the hydrological function of the Everglades
watershed: Provided further, That funds provided under this heading to the State of Florida are contingent upon new matching
non-Federal funds by the State and shall be subject to an agreement
that the lands to be acquired will be managed in perpetuity for
the restoration of the Everglades.
ADMINISTRATIVE PROVISIONS

Appropriations for the National Park Service shall be available
for the purchase of not to exceed 375 passenger motor vehicles,
of which 291 shall be for replacement only, including not to exceed
305 for police-type use, 12 buses, and 6 ambulances: Provided,
That none of the funds appropriated to the National Park Service
may be used to process any grant or contract documents which
do not include the text of 18 U.S.C. 1913: Provided further, That
none of the funds appropriated to the National Park Service may
be used to implement an agreement for the redevelopment of the
southern end of Ellis Island until such agreement has been submitted to the Congress and shall not be implemented prior to the
expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment
of more than three calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the President
of the Senate of a full and comprehensive report on the development
of the southern end of Ellis Island, including the facts and circumstances relied upon in support of the proposed project.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the United
Nations Biodiversity Convention.
The National Park Service may distribute to operating units
based on the safety record of each unit the costs of programs
designed to improve workplace and employee safety, and to

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–242

encourage employees receiving workers’ compensation benefits
pursuant to chapter 81 of title 5, United States Code, to return
to appropriate positions for which they are medically able.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the United States Geological Survey
to perform surveys, investigations, and research covering topography, geology, hydrology, and the mineral and water resources
of the United States, its territories and possessions, and other
areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify
lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program
(30 U.S.C. 641); and publish and disseminate data relative to the
foregoing activities; and to conduct inquiries into the economic
conditions affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes
as authorized by law and to publish and disseminate data;
$797,896,000, of which $69,596,000 shall be available only for
cooperation with States or municipalities for water resources investigations; and of which $16,400,000 shall remain available until
expended for conducting inquiries into the economic conditions
affecting mining and materials processing industries; and of which
$2,000,000 shall remain available until expended for ongoing
development of a mineral and geologic data base; and of which
$161,221,000 shall be available until September 30, 2000 for the
biological research activity and the operation of the Cooperative
Research Units: Provided, That of the funds available for the
biological research activity, $6,600,000 shall be made available by
grant to the University of Alaska for conduct of, directly or through
subgrants, basic marine research activities in the North Pacific
Ocean pursuant to a plan approved by the Department of Commerce, the Department of the Interior, and the State of Alaska:
Provided further, That none of these funds provided for the
biological research activity shall be used to conduct new surveys
on private property, unless specifically authorized in writing by
the property owner: Provided further, That no part of this appropriation shall be used to pay more than one-half the cost of topographic
mapping or water resources data collection and investigations carried on in cooperation with States and municipalities.
ADMINISTRATIVE PROVISIONS

The amount appropriated for the United States Geological Survey shall be available for the purchase of not to exceed 53 passenger
motor vehicles, of which 48 are for replacement only; reimbursement
to the General Services Administration for security guard services;
contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee on Geology; and payment of compensation and expenses of
persons on the rolls of the Survey duly appointed to represent

43 USC 50.

112 STAT. 2681–243

PUBLIC LAW 105–277—OCT. 21, 1998

the United States in the negotiation and administration of interstate
compacts: Provided, That activities funded by appropriations herein
made may be accomplished through the use of contracts, grants,
or cooperative agreements as defined in 31 U.S.C. 6302 et seq.:
Provided further, That the United States Geological Survey may
contract directly with individuals or indirectly with institutions
or nonprofit organizations, without regard to 41 U.S.C. 5, for the
temporary or intermittent services of students or recent graduates,
who shall be considered employees for the purposes of chapters
57 and 81 of title 5, United States Code, relating to compensation
for travel and work injuries, and chapter 171 of title 28, United
States Code, relating to tort claims, but shall not be considered
to be Federal employees for any other purposes.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT

For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of royalties,
as authorized by law; for enforcing laws and regulations applicable
to oil, gas, and other minerals leases, permits, licenses and operating contracts; and for matching grants or cooperative agreements;
including the purchase of not to exceed eight passenger motor
vehicles for replacement only; $117,902,000, of which $72,729,000
shall be available for royalty management activities; and an amount
not to exceed $100,000,000, to be credited to this appropriation
and to remain available until expended, from additions to receipts
resulting from increases to rates in effect on August 5, 1993, from
rate increases to fee collections for Outer Continental Shelf administrative activities performed by the Minerals Management Service
over and above the rates in effect on September 30, 1993, and
from additional fees for Outer Continental Shelf administrative
activities established after September 30, 1993: Provided, That
$3,000,000 for computer acquisitions shall remain available until
September 30, 2000: Provided further, That funds appropriated
under this Act shall be available for the payment of interest in
accordance with 30 U.S.C. 1721(b) and (d): Provided further, That
not to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup activities:
Provided further, That notwithstanding any other provision of law,
$15,000 under this heading shall be available for refunds of overpayments in connection with certain Indian leases in which the Director
of the Minerals Management Service concurred with the claimed
refund due, to pay amounts owed to Indian allottees or Tribes,
or to correct prior unrecoverable erroneous payments.
OIL SPILL RESEARCH

For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201
of the Oil Pollution Act of 1990, $6,118,000, which shall be derived
from the Oil Spill Liability Trust Fund, to remain available until
expended.

PUBLIC LAW 105–277—OCT. 21, 1998
OFFICE

OF

SURFACE MINING RECLAMATION

AND

112 STAT. 2681–244

ENFORCEMENT

REGULATION AND TECHNOLOGY

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law
95–87, as amended, including the purchase of not to exceed 10
passenger motor vehicles, for replacement only; $93,078,000, and
notwithstanding 31 U.S.C. 3302, an additional amount shall be
credited to this account, to remain available until expended, from
performance bond forfeitures in fiscal year 1999 and thereafter:
Provided, That the Secretary of the Interior, pursuant to regulations, may use directly or through grants to States, moneys collected
in fiscal year 1999 for civil penalties assessed under section 518
of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1268), to reclaim lands adversely affected by coal mining
practices after August 3, 1977, to remain available until expended:
Provided further, That appropriations for the Office of Surface Mining Reclamation and Enforcement may provide for the travel and
per diem expenses of State and tribal personnel attending Office
of Surface Mining Reclamation and Enforcement sponsored training:
Provided further, That beginning in fiscal year 1999 and thereafter,
cost-based fees for the products of the Mine Map Repository shall
be established (and revised as needed) in Federal Register Notices,
and shall be collected and credited to this account, to be available
until expended for the costs of administering this program.
ABANDONED MINE RECLAMATION FUND

For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95–87,
as amended, including the purchase of not more than 10 passenger
motor vehicles for replacement only, $185,416,000, to be derived
from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended; of which up to $7,000,000, to
be derived from the cumulative balance of interest earned to date
on the Fund, shall be for supplemental grants to States for the
reclamation of abandoned sites with acid mine rock drainage from
coal mines, and for associated activities, through the Appalachian
Clean Streams Initiative: Provided, That grants to minimum program States will be $1,500,000 per State in fiscal year 1999: Provided further, That of the funds herein provided up to $18,000,000
may be used for the emergency program authorized by section
410 of Public Law 95–87, as amended, of which no more than
25 percent shall be used for emergency reclamation projects in
any one State and funds for federally administered emergency
reclamation projects under this proviso shall not exceed
$11,000,000: Provided further, That prior year unobligated funds
appropriated for the emergency reclamation program shall not be
subject to the 25 percent limitation per State and may be used
without fiscal year limitation for emergency projects: Provided further, That pursuant to Public Law 97–365, the Department of
the Interior is authorized to use up to 20 percent from the recovery
of the delinquent debt owed to the United States Government
to pay for contracts to collect these debts: Provided further, That
funds made available to States under title IV of Public Law 95–
87 may be used, at their discretion, for any required non-Federal
share of the cost of projects funded by the Federal Government

30 USC 1302
note.

30 USC 1211
note.

30 USC 1302
note.

112 STAT. 2681–245

30 USC 1231
note.

PUBLIC LAW 105–277—OCT. 21, 1998

for the purpose of environmental restoration related to treatment
or abatement of acid mine drainage from abandoned mines: Provided further, That such projects must be consistent with the purposes and priorities of the Surface Mining Control and Reclamation
Act: Provided further, That the State of Maryland may set aside
the greater of $1,000,000 or 10 percent of the total of the grants
made available to the State under title IV of the Surface Mining
Control and Reclamation Act of 1977, as amended (30 U.S.C. 1231
et seq.), if the amount set aside is deposited in an acid mine
drainage abatement and treatment fund established under a State
law, pursuant to which law the amount (together with all interest
earned on the amount) is expended by the State to undertake
acid mine drainage abatement and treatment projects, except that
before any amounts greater than 10 percent of its title IV grants
are deposited in an acid mine drainage abatement and treatment
fund, the State of Maryland must first complete all Surface Mining
Control and Reclamation Act priority one projects: Provided further,That hereafter, donations received to support projects under
the Appalachian Clean Streams Initiative and under the Western
Mine Lands Restoration Partnerships Initiative, pursuant to 30
U.S.C. 1231, shall be credited to this account and remain available
until expended without further appropriation for projects sponsored
under these initiatives, directly through agreements with other
Federal agencies, or through grants to States, and funding to local
governments, or tax exempt private entities.
BUREAU

OF INDIAN

AFFAIRS

OPERATION OF INDIAN PROGRAMS

For expenses necessary for the operation of Indian programs,
as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the
Education Amendments of 1978 (25 U.S.C. 2001–2019), and the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.),
as amended, $1,584,124,000, to remain available until September
30, 2000 except as otherwise provided herein, of which not to
exceed $94,010,000 shall be for welfare assistance payments and
notwithstanding any other provision of law, including but not limited to the Indian Self-Determination Act of 1975, as amended,
not to exceed $114,871,000 shall be available for payments to tribes
and tribal organizations for contract support costs associated with
ongoing contracts, grants, compacts, or annual funding agreements
entered into with the Bureau prior to or during fiscal year 1999,
as authorized by such Act, except that tribes and tribal organizations may use their tribal priority allocations for unmet indirect
costs of ongoing contracts, grants, or compacts, or annual funding
agreements and for unmet welfare assistance costs, and of which
not to exceed $387,365,000 for school operations costs of Bureaufunded schools and other education programs shall become available
on July 1, 1999, and shall remain available until September 30,
2000; and of which not to exceed $52,889,000 shall remain available
until expended for housing improvement, road maintenance, attorney fees, litigation support, self-governance grants, the Indian SelfDetermination Fund, land records improvement, the Navajo-Hopi
Settlement Program: Provided, That notwithstanding any other
provision of law, including but not limited to the Indian

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–246

Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008,
not to exceed $42,160,000 within and only from such amounts
made available for school operations shall be available to tribes
and tribal organizations for administrative cost grants associated
with the operation of Bureau-funded schools: Provided further, That
hereafter funds made available to tribes and tribal organizations
through contracts, compact agreements, or grants, as authorized
by the Indian Self-Determination Act of 1975 or grants authorized
by the Indian Education Amendments of 1988 (25 U.S.C. 2001
and 2008A) shall remain available until expended by the contractor
or grantee: Provided further, That hereafter, to provide funding
uniformity within a Self-Governance Compact, any funds provided
in this Act with availability for more than two years may be
reprogrammed to two year availability but shall remain available
within the Compact until expended: Provided further, That hereafter notwithstanding any other provision of law, Indian tribal
governments may, by appropriate changes in eligibility criteria
or by other means, change eligibility for general assistance or
change the amount of general assistance payments for individuals
within the service area of such tribe who are otherwise deemed
eligible for general assistance payments so long as such changes
are applied in a consistent manner to individuals similarly situated
and, that any savings realized by such changes shall be available
for use in meeting other priorities of the tribes and, that any
net increase in costs to the Federal Government which result solely
from tribally increased payment levels for general assistance shall
be met exclusively from funds available to the tribe from within
its tribal priority allocation: Provided further, That any forestry
funds allocated to a tribe which remain unobligated as of September
30, 2000, may be transferred during fiscal year 2001 to an Indian
forest land assistance account established for the benefit of such
tribe within the tribe’s trust fund account: Provided further, That
any such unobligated balances not so transferred shall expire on
September 30, 2001: Provided further, That hereafter tribes may
use tribal priority allocations funds for the replacement and repair
of school facilities in compliance with 25 U.S.C. 2005(a), so long
as such replacement or repair is approved by the Secretary and
completed with non-Federal tribal and/or tribal priority allocation
funds: Provided further, That the sixth proviso under Operation
of Indian Programs in Public Law 102–154, for the fiscal year
ending September 30, 1992 (105 Stat. 1004), is hereby amended
to read as follows: ‘‘Provided further, That until such time as
legislation is enacted to the contrary, no funds shall be used to
take land into trust within the boundaries of the original Cherokee
territory in Oklahoma without consultation with the Cherokee
Nation:’’.
CONSTRUCTION

For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract;
acquisition of lands, and interests in lands; and preparation of
lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483, $123,421,000, to remain
available until expended: Provided, That such amounts as may
be available for the construction of the Navajo Indian Irrigation
Project may be transferred to the Bureau of Reclamation: Provided

25 USC 450j
note.

25 USC 13d–3.

25 USC 2005
note.

112 STAT. 2681–247

PUBLIC LAW 105–277—OCT. 21, 1998

further, That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway Trust
Fund may be used to cover the road program management costs
of the Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made
available on a nonreimbursable basis: Provided further, That for
fiscal year 1999, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000 that
are provided to tribally controlled grant schools under Public Law
100–297, as amended, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the regulatory
requirements: Provided further, That such grants shall not be subject to section 12.61 of 43 CFR; the Secretary and the grantee
shall negotiate and determine a schedule of payments for the work
to be performed: Provided further, That in considering applications,
the Secretary shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the construction
projects conform to applicable building standards and codes and
Federal, tribal, or State health and safety standards as required
by 25 U.S.C. 2005(a), with respect to organizational and financial
management capabilities: Provided further, That if the Secretary
declines an application, the Secretary shall follow the requirements
contained in 25 U.S.C. 2505(f): Provided further, That any disputes
between the Secretary and any grantee concerning a grant shall
be subject to the disputes provision in 25 U.S.C. 2508(e): Provided
further, That funds appropriated in Public Law 105–18, making
emergency supplemental appropriations for the Bureau of Indian
Affairs for the repair of irrigation projects damaged in the severe
winter conditions and ensuing flooding, are available on a nonreimbursable basis.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS

For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $28,882,000, to remain
available until expended; of which $27,530,000 shall be available
for implementation of enacted Indian land and water claim settlements pursuant to Public Laws 101–618 and 102–575, and for
implementation of other enacted water rights settlements; and of
which $1,352,000 shall be available pursuant to Public Laws 99–
264, 100–383, 103–402, and 100–580: Provided, That in fiscal year
1999 and thereafter, the Secretary is directed to sell land and
interests in land, other than surface water rights, acquired in
conformance with section 2 of the Truckee River Water Quality
Settlement Agreement, the receipts of which shall be deposited
to the Lahontan Valley and Pyramid Lake Fish and Wildlife Fund,
and be available for the purposes of section 2 of such agreement,
without regard to the limitation on the distribution of benefits
in the second sentence of paragraph 206(f)(2) of Public Law 101–
618.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

For the cost of guaranteed loans, $4,501,000, as authorized
by the Indian Financing Act of 1974, as amended: Provided, That
such costs, including the cost of modifying such loans, shall be

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–248

as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to exceed
$59,681,698.
In addition, for administrative expenses to carry out the
guaranteed loan programs, $500,000.
INDIAN LAND CONSOLIDATION PILOT

For implementation of a pilot program for consolidation of
fractional interests in Indian lands by direct expenditure or cooperative agreement, $5,000,000 to remain available until expended,
of which not to exceed $250,000 shall be available for administrative
expenses: Provided, That the Secretary may enter into a cooperative
agreement, which shall not be subject to Public Law 93–638, as
amended, with a tribe having jurisdiction over the pilot reservation
to implement the program to acquire fractional interests on behalf
of such tribe: Provided further, That the Secretary may develop
a reservation-wide system for establishing the fair market value
of various types of lands and improvements to govern the amounts
offered for acquisition of fractional interests: Provided further, That
acquisitions shall be limited to one or more pilot reservations as
determined by the Secretary: Provided further, That funds shall
be available for acquisition of fractional interests in trust or
restricted lands with the consent of its owners and at fair market
value, and the Secretary shall hold in trust for such tribe all
interests acquired pursuant to this pilot program: Provided further,
That all proceeds from any lease, resource sale contract, rightof-way or other transaction derived from the fractional interest
shall be credited to this appropriation, and remain available until
expended, until the purchase price paid by the Secretary under
this appropriation has been recovered from such proceeds: Provided
further, That once the purchase price has been recovered, all subsequent proceeds shall be managed by the Secretary for the benefit
of the applicable tribe or paid directly to the tribe.
ADMINISTRATIVE PROVISIONS

The Bureau of Indian Affairs may carry out the operation
of Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in cooperation
with States and other organizations.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance
fund, and the Indian Guaranteed Loan Program account) shall
be available for expenses of exhibits, and purchase of not to exceed
229 passenger motor vehicles, of which not to exceed 187 shall
be for replacement only.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Affairs for central office operations or
pooled overhead general administration (except facilities operations
and maintenance) shall be available for tribal contracts, grants,
compacts, or cooperative agreements with the Bureau of Indian
Affairs under the provisions of the Indian Self-Determination Act
or the Tribal Self-Governance Act of 1994 (Public Law 103–413).
Notwithstanding any other provision of law, no funds available
to the Bureau, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available

112 STAT. 2681–249

PUBLIC LAW 105–277—OCT. 21, 1998

to support the operation of any elementary or secondary school
in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the schools
in the Bureau school system as of September 1, 1996. No funds
available to the Bureau shall be used to support expanded grades
for any school or dormitory beyond the grade structure in place
or approved by the Secretary of the Interior at each school in
the Bureau school system as of October 1, 1995.
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES

48 USC 1469b.

For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $66,175,000, of which:
(1) $62,326,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, and brown tree snake control and
research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants
to the Government of American Samoa, in addition to current
local revenues, for construction and support of governmental functions; grants to the Government of the Virgin Islands as authorized
by law; grants to the Government of Guam, as authorized by law;
and grants to the Government of the Northern Mariana Islands
as authorized by law (Public Law 94–241; 90 Stat. 272); and (2)
$3,849,000 shall be available for salaries and expenses of the Office
of Insular Affairs: Provided, That all financial transactions of the
territorial and local governments herein provided for, including
such transactions of all agencies or instrumentalities established
or used by such governments, may be audited by the General
Accounting Office, at its discretion, in accordance with chapter
35 of title 31, United States Code: Provided further, That Northern
Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 99–396, or any subsequent
legislation related to Commonwealth of the Northern Mariana
Islands grant funding: Provided further, That of the Covenant grant
funding for the Government of the Northern Mariana Islands
$5,000,000 shall be used for the construction of prison facilities
and $500,000 shall be used for construction and equipping of a
crime laboratory unless the Secretary determines that acceptable
alternative financing for these projects is already in place: Provided
further, That of the amounts provided for technical assistance,
sufficient funding shall be made available for a grant to the Close
Up Foundation: Provided further, That the funds for the program
of operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement
of capital infrastructure in American Samoa, Guam, the Virgin
Islands, the Commonwealth of the Northern Mariana Islands, the
Republic of Palau, the Republic of the Marshall Islands, and the
Federated States of Micronesia through assessments of long-range
operations maintenance needs, improved capability of local operations and maintenance institutions and agencies (including

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–250

management and vocational education training), and project-specific
maintenance (with territorial participation and cost sharing to be
determined by the Secretary based on the individual territory’s
commitment to timely maintenance of its capital assets): Provided
further, That any appropriation for disaster assistance under this
heading in this Act or previous appropriations Acts may be used
as non-Federal matching funds for the purpose of hazard mitigation
grants provided pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION

For economic assistance and necessary expenses for the Federated States of Micronesia and the Republic of the Marshall Islands
as provided for in sections 122, 221, 223, 232, and 233 of the
Compact of Free Association, and for economic assistance and necessary expenses for the Republic of Palau as provided for in sections
122, 221, 223, 232, and 233 of the Compact of Free Association,
$20,930,000, to remain available until expended, as authorized by
Public Law 99–239 and Public Law 99–658.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES

For necessary expenses for management of the Department
of the Interior, $64,686,000, of which not to exceed $8,500 may
be for official reception and representation expenses, of which not
to exceed $5,000,000 shall be available for payments pursuant
to section 123 of this Act and up to $1,000,000 shall be available
for workers compensation payments and unemployment compensation payments associated with the orderly closure of the United
States Bureau of Mines.
OFFICE

OF THE

SOLICITOR

SALARIES AND EXPENSES

For necessary
$36,784,000.

expenses

OFFICE

of

the

OF INSPECTOR

Office

of

the

Solicitor,

GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General,
$25,486,000.
OFFICE

OF

SPECIAL TRUSTEE

FOR

AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

For operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants,
$39,499,000, to remain available until expended: Provided, That
funds for trust management improvements may be transferred to
the Bureau of Indian Affairs: Provided further, That funds made
available to Tribes and Tribal organizations through contracts or
grants obligated during fiscal year 1999, as authorized by the

112 STAT. 2681–251

25 USC 4011
note.

PUBLIC LAW 105–277—OCT. 21, 1998

Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.),
shall remain available until expended by the contractor or grantee:
Provided further, That notwithstanding any other provision of law,
the statute of limitations shall not commence to run on any claim,
including any claim in litigation pending on the date of the enactment of this Act, concerning losses to or mismanagement of trust
funds, until the affected tribe or individual Indian has been furnished with an accounting of such funds from which the beneficiary
can determine whether there has been a loss: Provided further,
That notwithstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of performance for any Indian trust account that has not had activity for
at least eighteen months and has a balance of $1.00 or less: Provided
further, That the Secretary shall issue an annual account statement
and maintain a record of any such accounts and shall permit
the balance in each such account to be withdrawn upon the express
written request of the accountholder.
NATURAL RESOURCE DAMAGE ASSESSMENT

AND

RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment activities by
the Department of the Interior necessary to carry out the provisions
of the Comprehensive Environmental Response, Compensation, and
Liability Act, as amended (42 U.S.C. 9601 et seq.), Federal Water
Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the
Oil Pollution Act of 1990 (Public Law 101–380), and Public Law
101–337; $4,492,000, to remain available until expended: Provided,
That unobligated and unexpended balances in the United States
Fish and Wildlife Service, Natural Resource Damage Assessment
Fund account at the end of fiscal year 1998 shall be transferred
to and made a part of the Departmental Offices, Natural Resource
Damage Assessment and Restoration, Natural Resource Damage
Assessment Fund account and shall remain available until
expended.
MANAGEMENT OF FEDERAL LANDS FOR SUBSISTENCE USES
SUBSISTENCE MANAGEMENT, DEPARTMENT OF THE INTERIOR

For necessary expenses of bureaus and offices of the Department of the Interior to manage federal lands in Alaska for subsistence uses under the provisions of Title VIII of the Alaska National
Interest Lands Conservation Act (Public Law 96–487 et seq.) except
in areas described in section 339(a)(1)(A) and (B) of this Act,
$8,000,000 to become available on September 30, 1999, and remain
available until expended: Provided, That if prior to October 1,
1999, the Secretary of the Interior determines that the Alaska
State Legislature has approved a bill or resolution to amend the
Constitution of the State of Alaska that, if approved by the electorate, would enable the implementation of state laws of general
applicability which are consistent with, and which provide for the
definition, preference and participation specified in sections 803,
804, and 805 of the Alaska National Interest Lands Conservation
Act, the Secretary of the Interior shall make an $8,000,000 grant
to the State of Alaska for the purpose of assisting that State
in fulfilling its responsibilities under sections 803, 804, and 805

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–252

of that Act: Provided further, That if, on June 1, 1999, the Secretary
is unable to make a determination that the Alaska State Legislature
has approved a bill or resolution to amend the Constitution of
the State of Alaska that, if approved by the electorate, would
enable the implementation of state laws of general applicability
which are consistent with and which provide for the definition,
preference and participation specified in sections 803, 804, and
805 of the Alaska National Interest Lands Conservation Act,
$1,000,000 of these funds shall become available on June 1, 1999,
and shall remain available until expended (with expended amounts
to be subtracted from the amount that could be granted to the
State), for the Secretary to conduct data gathering and research
on subsistence uses, and formulate plans for operational aspects
and in-season management, but not to implement and enforce
subsistence use management beyond those public lands which as
of October 1, 1998, were subject to federal management for subsistence uses pursuant to Title VIII of the Alaska National Interest
Lands Conservation Act.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of which
shall be for replacement and which may be obtained by donation,
purchase or through available excess surplus property: Provided,
That notwithstanding any other provision of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft: Provided further, That no programs funded with appropriated funds
in the ‘‘Departmental Management’’, ‘‘Office of the Solicitor’’, and
‘‘Office of Inspector General’’ may be augmented through the Working Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
SEC. 101. Appropriations made in this title shall be available
for expenditure or transfer (within each bureau or office), with
the approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant
to this section are hereby designated by Congress to be ‘‘emergency
requirements’’ pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, and must be
replenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in addition
to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of forest
or range fires on or threatening lands under the jurisdiction of
the Department of the Interior; for the emergency rehabilitation
of burned-over lands under its jurisdiction; for emergency actions
related to potential or actual earthquakes, floods, volcanoes, storms,
or other unavoidable causes; for contingency planning subsequent

112 STAT. 2681–253

PUBLIC LAW 105–277—OCT. 21, 1998

to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills; for the prevention,
suppression, and control of actual or potential grasshopper and
Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 1773(b) of Public
Law 99–198 (99 Stat. 1658); for emergency reclamation projects
under section 410 of Public Law 95–87; and shall transfer, from
any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State
is not carrying out the regulatory provisions of the Surface Mining
Act: Provided, That appropriations made in this title for fire
suppression purposes shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft,
or other equipment in connection with their use for fire suppression
purposes, such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further,
That for emergency rehabilitation and wildfire suppression activities, no funds shall be made available under this authority until
funds appropriated to ‘‘Wildland Fire Management’’ shall have been
exhausted: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ‘‘emergency requirements’’ pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished
by a supplemental appropriation which must be requested as
promptly as possible: Provided further, That such replenishment
funds shall be used to reimburse, on a pro rata basis, accounts
from which emergency funds were transferred.
SEC. 103. Appropriations made in this title shall be available
for operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized
by sections 1535 and 1536 of title 31, United States Code: Provided,
That reimbursements for costs and supplies, materials, equipment,
and for services rendered may be credited to the appropriation
current at the time such reimbursements are received.
SEC. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount
not to exceed $500,000; hire, maintenance, and operation of aircraft;
hire of passenger motor vehicles; purchase of reprints; payment
for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library membership
in societies or associations which issue publications to members
only or at a price to members lower than to subscribers who
are not members.
SEC. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901–5902
and D.C. Code 4–204).
SEC. 106. Appropriations made in this title shall be available
for obligation in connection with contracts issued for services or
rentals for periods not in excess of twelve months beginning at
any time during the fiscal year.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–254

SEC. 107. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore leasing
and related activities placed under restriction in the President’s
moratorium statement of June 26, 1990, in the areas of northern,
central, and southern California; the North Atlantic; Washington
and Oregon; and the eastern Gulf of Mexico south of 26 degrees
north latitude and east of 86 degrees west longitude.
SEC. 108. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore oil
and natural gas preleasing, leasing, and related activities, on lands
within the North Aleutian Basin planning area.
SEC. 109. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and natural
gas preleasing, leasing and related activities in the eastern Gulf
of Mexico planning area for any lands located outside Sale 181,
as identified in the final Outer Continental Shelf 5-Year Oil and
Gas Leasing Program, 1997–2002.
SEC. 110. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural gas
preleasing, leasing and related activities in the Mid-Atlantic and
South Atlantic planning areas.
SEC. 111. Advance payments made under this title to Indian
tribes, tribal organizations, and tribal consortia pursuant to the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450 et seq.) or the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.) may be invested by the Indian tribe, tribal
organization, or consortium before such funds are expended for
the purposes of the grant, compact, or annual funding agreement
so long as such funds are—
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in obligations or securities that are guaranteed or insured by the United
States, or mutual (or other) funds registered with the Securities
and Exchange Commission and which only invest in obligations
of the United States or securities that are guaranteed or insured
by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the Funds, even in the
event of a bank failure.
SEC. 112. (a) Employees of Helium Operations, Bureau of Land
Management, entitled to severance pay under 5 U.S.C. 5595, may
apply for, and the Secretary of the Interior may pay, the total
amount of the severance pay to the employee in a lump sum.
Employees paid severance pay in a lump sum and subsequently
reemployed by the Federal Government shall be subject to the
repayment provisions of 5 U.S.C. 5595(i)(2) and (3), except that
any repayment shall be made to the Helium Fund.
(b) Helium Operations employees who elect to continue health
benefits after separation shall be liable for not more than the
required employee contribution under 5 U.S.C. 8905a(d)(1)(A). The
Helium Fund shall pay for 18 months the remaining portion of
required contributions.
(c) The Secretary of the Interior may provide for training to
assist Helium Operations employees in the transition to other Federal or private sector jobs during the facility shut-down and disposition process and for up to 12 months following separation from

50 USC 167 note.

112 STAT. 2681–255

43 USC 1473e.

PUBLIC LAW 105–277—OCT. 21, 1998

Federal employment, including retraining and relocation incentives
on the same terms and conditions as authorized for employees
of the Department of Defense in section 348 of the National Defense
Authorization Act for Fiscal Year 1995.
(d) For purposes of the annual leave restoration provisions
of 5 U.S.C. 6304(d)(1)(B), the cessation of helium production and
sales, and other related Helium Program activities shall be deemed
to create an exigency of public business under, and annual leave
that is lost during leave years 1997 through 2001 because of 5
U.S.C. 6304 (regardless of whether such leave was scheduled in
advance) shall be restored to the employee and shall be credited
and available in accordance with 5 U.S.C. 6304(d)(2). Annual leave
so restored and remaining unused upon the transfer of a Helium
Program employee to a position of the executive branch outside
of the Helium Program shall be liquidated by payment to the
employee of a lump sum from the Helium Fund for such leave.
(e) Benefits under this section shall be paid from the Helium
Fund in accordance with section 4(c)(4) of the Helium Privatization
Act of 1996. Funds may be made available to Helium Program
employees who are or will be separated before October 1, 2002
because of the cessation of helium production and sales and other
related activities. Retraining benefits, including retraining and
relocation incentives, may be paid for retraining commencing on
or before September 30, 2002.
SEC. 113. In fiscal year 1999 and thereafter, the Secretary
may accept donations and bequests of money, services, or other
personal property for the management and enhancement of the
Department’s Natural Resources Library. The Secretary may hold,
use, and administer such donations until expended and without
further appropriation.
SEC. 114. Notwithstanding any other provision of law, including
but not limited to the Indian Self-Determination Act of 1975, as
amended, funds available under this title for Indian self-determination or self-governance contract or grant support costs may be
expended only for costs directly attributable to contracts, grants
and compacts pursuant to the Indian Self-Determination Act and
no funds appropriated in this title shall be available for any contract
support costs or indirect costs associated with any contract, grant,
cooperative agreement, self-governance compact or funding agreement entered into between an Indian tribe or tribal organization
and any entity other than an agency of the Department of the
Interior.
SEC. 115. Notwithstanding any other provisions of law, the
National Park Service shall not develop or implement a reduced
entrance fee program to accommodate non-local travel through a
unit. The Secretary may provide for and regulate local non-recreational passage through units of the National Park System, allowing each unit to develop guidelines and permits for such activity
appropriate to that unit.
SEC. 116. (a) Denver Service Center, Presidio, and Golden Gate
National Recreation Area employees who voluntarily resign or retire
from the National Park Service on or before December 31, 1998,
shall receive, from the National Park Service, a lump sum voluntary
separation incentive payment that shall be equal to the lesser
of an amount equal to the amount the employee would be entitled
to receive under section 5595(c) of title 5, United States Code,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–256

if the employee were entitled to payment under such section; or
$25,000.
(1) The voluntary separation incentive payment—
(A) shall not be a basis for payment, and shall not
be included in the computation of any other type of Government benefit; and
(B) shall be paid from appropriations or funds available
for the payment of the basic pay of the employee.
(2) Employees receiving a voluntary separation incentive
payment and accepting employment with the Federal Government within five years of the date of separation shall be
required to repay the entire amount of the incentive payment
to the National Park Service.
(3) The Secretary may, at the request of the head of an
Executive branch agency, waive the repayment under paragraph (2) if the individual involved possesses unique abilities
and is the only qualified applicant available for the position.
(4) In addition to any other payment which it is required
to make under Subchapter III of chapter 83 of title 5, United
States Code, the National Park Service shall remit to the
Office of Personnel Management for deposit in the Treasury
of the United States to the credit of the Civil Service Retirement
and Disability Fund an amount equal to 15 percent of the
final basic pay of each employee of the National Park Service—
(A) who retires under section 8336(d)(2) of Title 5,
United States Code; and,
(B) to whom a voluntary separation incentive payment
has been or is to be paid under the provisions of this
section.
(b) Employees of Denver Service Center, Presidio, and Golden
Gate National Recreation Area entitled to severance pay under
5 U.S.C. 5595, may apply for, and the National Park Service may
pay, the total amount of severance pay to the employee in a lump
sum. Employees paid severance pay in a lump sum and subsequently reemployed by the Federal Government shall be subject
to the repayment provisions of 5 U.S.C. 5595(i)(2) and (3), except
that any repayment shall be made to the National Park Service.
(c) Employees of the Denver Service Center, Presidio, and Golden Gate National Recreation Area who voluntarily resign on or
before December 31, 1998, or who are separated in a reduction
in force, shall be liable for not more than the required employee
contribution under 5 U.S.C. 8905a(d)(1)(A) if they elect to continue
health benefits after separation. The National Park Service shall
pay for 12 months the remaining portion of required contributions.
SEC. 117. Notwithstanding any other provision of law, the
Secretary is authorized to permit persons, firms or organizations
engaged in commercial, cultural, educational, or recreational activities (as defined in section 612a of title 40, United States Code)
not currently occupying such space to use courtyards, auditoriums,
meeting rooms, and other space of the main and south Interior
building complex, Washington, D.C., the maintenance, operation,
and protection of which has been delegated to the Secretary from
the Administrator of General Services pursuant to the Federal
Property and Administrative Services Act of 1949, and to assess
reasonable charges therefore, subject to such procedures as the
Secretary deems appropriate for such uses. Charges may be for
the space, utilities, maintenance, repair, and other services. Charges

112 STAT. 2681–257

16 USC 460o
note.

PUBLIC LAW 105–277—OCT. 21, 1998

for such space and services may be at rates equivalent to the
prevailing commercial rate for comparable space and services
devoted to a similar purpose in the vicinity of the main and south
Interior building complex, Washington, D.C. for which charges are
being assessed. The Secretary may without further appropriation
hold, administer, and use such proceeds within the Departmental
Management Working Capital Fund to offset the operation of the
buildings under his jurisdiction, whether delegated or otherwise,
and for related purposes, until expended.
SEC. 118. The 37 mile River Valley Trail from the town of
Delaware Gap to the edge of the town of Milford, Pennsylvania
located within the Delaware Water Gap National Recreation Area
shall hereafter be referred to in any law, regulation, document,
or record of the United States as the Joseph M. McDade Recreational Trail.
SEC. 119. (a) In this section—
(1) the term ‘‘Huron Cemetery’’ means the lands that form
the cemetery that is popularly known as the Huron Cemetery,
located in Kansas City, Kansas, as described in subsection
(b)(3); and
(2) the term ‘‘Secretary’’ means the Secretary of the
Interior.
(b)(1) The Secretary shall take such action as may be necessary
to ensure that the lands comprising the Huron Cemetery (as
described in paragraph (3)) are used only in accordance with this
subsection.
(2) The lands of the Huron Cemetery shall be used only—
(A) for religious and cultural uses that are compatible
with the use of the lands as a cemetery; and
(B) as a burial ground.
(3) The description of the lands of the Huron Cemetery is
as follows:
The tract of land in the NW quarter of sec. 10, T. 11 S.,
R. 25 E., of the sixth principal meridian, in Wyandotte County,
Kansas (as surveyed and marked on the ground on August 15,
1888, by William Millor, Civil Engineer and Surveyor), described
as follows:
‘‘Commencing on the Northwest corner of the Northwest
Quarter of the Northwest Quarter of said Section 10;
‘‘Thence South 28 poles to the ‘true point of beginning’;
‘‘Thence South 71 degrees East 10 poles and 18 links;
‘‘Thence South 18 degrees and 30 minutes West 28 poles;
‘‘Thence West 11 and one-half poles;
‘‘Thence North 19 degrees 15 minutes East 31 poles and
15 feet to the ‘true point of beginning’, containing 2 acres
or more.’’.
SEC. 120. (a) STUDY.—The Secretary shall enter into an agreement with and provide funding, to the National Academy of Sciences
(NAS), the Board on Earth Sciences and Resources (Board), to
conduct a detailed, comprehensive study of the environmental and
reclamation requirements relating to mining of locatable minerals
on federal lands and the adequacy of those requirements to prevent
unnecessary or undue degradation of federal lands in each state
in which such mining occurs.
(1) CONTENTS.—The study shall identify and consider—
(A) the operating, reclamation and permitting requirements for locatable minerals mining and exploration

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–258

operations on federal lands by federal and state air, water,
solid waste, reclamation and other environmental statutes,
including surface management regulations promulgated by
federal land management agencies and state primacy programs under applicable federal statutes and state laws
and the time requirements applicable to project environmental review and permitting;
(B) the adequacy of federal and state environmental,
reclamation and permitting statutes and regulations
applicable in any state or states where mining or exploration of locatable minerals on federal lands is occurring,
to prevent unnecessary or undue degradation; and
(C) recommendations and conclusions regarding how
federal and state environmental, reclamation and permitting requirements and programs can be coordinated to
ensure environmental protection, increase efficiency, avoid
duplication and delay, and identify the most cost-effective
manner for implementation.
(b) REPORT.—
No later than July 31, 1999, the Board shall submit a
report addressing areas described under (a)(1) to the appropriate federal agencies, the Congress and the Governors of
affected states.
(c) FUNDS.—From the funds collected for mining law administration, the Secretary shall provide to the NAS such funds as
it requests, not to exceed $800,000, for the purpose of conducting
this analysis.
(d) SURFACE MANAGEMENT REGULATIONS.—The Secretary of the
Interior shall not promulgate any final regulations to change the
Bureau of Land Management regulations found at 43 CFR Part
3809 prior to September 30, 1999.
SEC. 121. Overhead charges levied by the Fish and Wildlife
Service on any and all funds transferred from the Bureau of Reclamation for the Recovery Implementation Program for Endangered
Fish Species in the Upper Colorado River Basin and for the Recovery Implementation Program for Endangered Fish Species in the
San Juan River Basin shall be limited to no more than 50 percent
of the biennially determined full indirect cost recovery rate.
SEC. 122. (a) ANCSA DETERMINATION.—
(1) Within 180 days following the enactment of this Act,
the Bureau of Land Management shall conduct a determination
under section 3(e) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.) of the property described as Lot
1, Block 12; the north 50 feet of Lots 43 and 44, Block 12;
Lots 50, 51 and 52, Block 12; Lots 28 and 29, Block 33; and
a strip of land 25 feet in length running east and west by
24 feet in width running north and south in the southwest
corner of Lot 15, Block 33, all within the Nome Townsite,
Records of the Cape Nome Recording District, Second Judicial
District, State of Alaska.
(2) The ANCSA section 3(e) determination will determine
if the lands must be conveyed to the Sitnasuak Native Corporation (the village corporation for Nome).
(3) If and only if the Bureau of Land Management’s ANCSA
section 3(e) determination concludes that the Sitnasuak Native
Corporation is not entitled to the lands, and following the
settlement of any and all claims filed appealing the decision,

112 STAT. 2681–259

16 USC 410hh–4
note.

PUBLIC LAW 105–277—OCT. 21, 1998

the Secretary shall carry out subsection (b) of this section,
and the provisions of subsection (c) shall take effect.
(b) CONVEYANCE.—The Secretary shall convey to Kawerak, Inc.,
a non-profit tribal organization in Nome, Alaska, without consideration, all right, title, and interest of the United States, subject
to all valid existing rights and to the rights-of-way described in
subsection (c), in the property described as Lot 1, Block 12; the
north 50 feet of Lots 43 and 44, Block 12; Lots 50, 51 and 52,
Block 12; Lots 28 and 29, Block 33; and a strip of land 25 feet
in length running east and west by 24 feet in width running
north and south in the southwest corner of Lot 15, Block 33,
all within the Nome Townsite, Records of the Cape Nome Recording
District, Second Judicial District, State of Alaska.
(c) RIGHTS-OF-WAY.—The property conveyed under subsection
(b) shall be subject to—
(1) title of the State of Alaska, Department of Highways,
as to the south three feet of Lots 50, 51, and 52 of Block
12; and
(2) rights of the public or of any governmental agencies
in and to any portion of the property lying within any roads,
streets, or highways.
SEC. 123. COMMERCIAL FISHING IN GLACIER BAY NATIONAL
PARK. (a) GENERAL.—
(1) The Secretary of the Interior and the State of Alaska
shall cooperate in the development of a management plan for
the regulation of commercial fisheries in Glacier Bay National
Park pursuant to existing State and Federal statutes and any
applicable international conservation and management treaties.
Such management plan shall provide for commercial fishing
in the marine waters within Glacier Bay National Park outside
of Glacier Bay Proper, and in the marine waters within Glacier
Bay Proper as specified in paragraphs (a)(2) through (a)(5),
and shall provide for the protection of park values and purposes,
for the prohibition of any new or expanded fisheries, and for
the opportunity for the study of marine resources.
(2) In the nonwilderness waters within Glacier Bay Proper,
commercial fishing shall be limited, by means of non-transferable lifetime access permits, solely to individuals who—
(A) hold a valid commercial fishing permit for a fishery
in a geographic area that includes the nonwilderness
waters within Glacier Bay Proper;
(B) provide a sworn and notarized affidavit and other
available corroborating documentation to the Secretary of
the Interior sufficient to establish that such individual
engaged in commercial fishing for halibut, tanner crab,
or salmon in Glacier Bay Proper during qualifying years
which shall be established by the Secretary of the Interior
within one year of the date of the enactment of this Act;
and
(C) fish only with—
(i) longline gear for halibut;
(ii) pots or ring nets for tanner crab; or
(iii) trolling gear for salmon.
(3) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no
fishing shall be allowed in the West Arm of Glacier Bay Proper
(West Arm) north of 58 degrees, 50 minutes north latitude,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–260

except for trolling for king salmon during the period from
October 1 through April 30. The waters of Johns Hopkins
Inlet, Tarr Inlet and Reid Inlet shall remain closed to all
commercial fishing.
(4) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no
fishing shall be allowed in the East Arm of Glacier Bay Proper
(East Arm) north of a line drawn from Point Caroline, through
the southern end of Garforth Island to the east side of Muir
Inlet, except that trolling for king salmon during the period
from October 1 through April 30 shall be allowed south of
a line drawn across Muir Inlet at the southernmost point
of Adams Inlet.
(5) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no
fishing shall be allowed in Geikie Inlet.
(b) THE BEARDSLEE ISLANDS AND UPPER DUNDAS BAY.—
Commercial fishing is prohibited in the designated wilderness
waters within Glacier Bay National Park and Preserve, including
the waters of the Beardslee Islands and Upper Dundas Bay. Any
individual who—
(1) on or before February 1, 1999, provides a sworn and
notarized affidavit and other available corroborating documentation to the Secretary of the Interior sufficient to establish
that he or she has engaged in commercial fishing for Dungeness
crab in the designated wilderness waters of the Beardslee
Islands or Dundas Bay within Glacier Bay National Park pursuant to a valid commercial fishing permit in at least six of
the years during the period 1987 through 1996;
(2) at the time of receiving compensation based on the
Secretary of the Interior’s determination as described below—
(A) agrees in writing not to engage in commercial
fishing for Dungeness crab within Glacier Bay Proper;
(B) relinquishes to the State of Alaska for the purposes
of its retirement any commercial fishing permit for Dungeness crab for areas within Glacier Bay Proper;
(C) at the individual’s option, relinquishes to the
United States the Dungeness crab pots covered by the
commercial fishing permit; and
(D) at the individual’s option, relinquishes to the
United States the fishing vessel used for Dungeness crab
fishing in Glacier Bay Proper; and
(3) holds a current valid commercial fishing permit that
allows such individual to engage in commercial fishing for
Dungeness crab in Glacier Bay National Park,
shall be eligible to receive from the United States compensation
that is the greater of (i) $400,000, or (ii) an amount equal to
the fair market value (as of the date of relinquishment) of the
commercial fishing permit for Dungeness crab, of any Dungeness
crab pots or other Dungeness crab gear, and of not more than
one Dungeness crab fishing vessel, together with an amount equal
to the present value of the foregone net income from commercial
fishing for Dungeness crab for the period January 1, 1999, through
December 31, 2004, based on the individual’s net earnings from
the Dungeness crab fishery during the period January 1, 1991,
through December 31, 1996. Any individual seeking such compensation shall provide the consent necessary for the Secretary of the

112 STAT. 2681–261

16 USC 3192a.

PUBLIC LAW 105–277—OCT. 21, 1998

Interior to verify such net earnings in the fishery. The Secretary
of the Interior’s determination of the amount to be paid shall
be completed and payment shall be made within six months from
the date of application by the individuals described in this subsection and shall constitute final agency action subject to review
pursuant to the Administrative Procedures Act in the United States
District Court for the District of Alaska.
(c) DEFINITION AND SAVINGS CLAUSE.—
(1) As used in this section, the term ‘‘Glacier Bay Proper’’
shall mean the marine waters within Glacier Bay, including
coves and inlets, north of a line drawn from Point Gustavus
to Point Carolus.
(2) Nothing in this section is intended to enlarge or diminish Federal or State title, jurisdiction, or authority with respect
to the waters of the State of Alaska, the waters within the
boundaries of Glacier Bay National Park, or the tidal or submerged lands under any provision of State or Federal law.
SEC. 124. Notwithstanding any other provision of law, grazing
permits which expire during fiscal year 1999 shall be renewed
for the balance of fiscal year 1999 on the same terms and conditions
as contained in the expiring permits, or until the Bureau of Land
Management completes processing these permits in compliance with
all applicable laws, whichever comes first. Upon completion of
processing by the Bureau, the terms and conditions of existing
grazing permits may be modified, if necessary, and reissued for
a term not to exceed ten years. Nothing in this language shall
be deemed to affect the Bureau’s authority to otherwise modify
or terminate grazing permits.
SEC. 125. CONVEYANCE TO THE TOWN OF PAHRUMP, NEVADA.
(a) CONVEYANCE.—The Secretary of the Interior, acting through
the Director of the Bureau of Land Management, shall convey
to the town of Pahrump, Nevada, without consideration, subject
to the requirements of 43 U.S.C. 869, all right, title, and interest
of the land subject to all valid existing rights in the public lands
located south and west of Highway 160 within Sections 32 and
33, T. 20 S., R. 54 E., Mount Diablo Meridian.
(b) USE.—The conveyance of the property under subsection
(a) shall be subject to reversion to the United States if the property
is used for a purpose other than the purpose of a public fairground
or a related public purpose.
SEC. 126. Special Federal Aviation Regulation No. 78, regarding
commercial air tour operators in the vicinity of the Rocky Mountain
National Park, as published in the Federal Register on January
8, 1997, shall remain in effect until otherwise provided by an
Act of Congress.
SEC. 127. Notwithstanding any other provision of law, none
of the funds provided in this Act or any other Act hereafter enacted
may be used by the Secretary of the Interior, except with respect
to land exchange costs and costs associated with the preparation
of land acquisitions, in the acquisition of State, private, or other
non-federal lands (or any interest therein) in the State of Alaska,
unless, in the acquisition of any State, private, or other non-federal
lands (or interest therein) in the State of Alaska, the Secretary
seeks to exchange unreserved public lands before purchasing all
or any portion of such lands (or interest therein) in the State
of Alaska.

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112 STAT. 2681–262

SEC. 128. CHARLESTON, ARKANSAS NATIONAL COMMEMORATIVE
SITE. (a) The Congress finds that—
(1) the 1954 U.S. Supreme Court decision of Brown v.
Board of Education, which mandated an end to the segregation
of public schools, was one of the most significant Court decisions
in the history of the United States;
(2) the Charleston Public School District in Charleston,
Arkansas, in September, 1954, became the first previouslysegregated public school district in the former Confederacy
to integrate following the Brown decision;
(3) the orderly and peaceful integration of the public schools
in Charleston served as a model and inspiration in the development of the Civil Rights movement in the United States,
particularly with respect to public education; and
(4) notwithstanding the important role of the Charleston
School District in the successful implementation of integrated
public schools, the role of the district has not been adequately
commemorated and interpreted for the benefit and understanding of the nation.
(b) The Charleston Public School complex in Charleston,
Arkansas is hereby designated as the ‘‘Charleston National
Commemorative Site’’ in commemoration of the Charleston schools’
role as the first public school district in the South to integrate
following the 1954 United States Supreme Court decision, Brown
v. Board of Education.
(c) The Secretary, after consultation with the Charleston Public
School District, shall establish an appropriate commemorative
monument and interpretive exhibit at the Charleston National
Commemorative Site to commemorate the 1954 integration of
Charleston’s public schools.
SEC. 129. (a) In the event any tribe returns appropriations
made available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish the Federal Government’s trust responsibility to that tribe, or the government-to-government relationship between the United States and
that tribe, or that tribe’s ability to access future appropriations.
(b) The Bureau of Indian Affairs (BIA) shall develop alternative
methods to fund tribal priority allocations (TPA) base programs
in future years. The alternatives shall consider tribal revenues
and relative needs of tribes and tribal members. No later than
April 1, 1999, the BIA shall submit a report to Congress containing
its recommendations and other alternatives. The report shall also
identify the methods proposed to be used by BIA to acquire data
that is not currently available to BIA and any data gathering
mechanisms that may be necessary to encourage tribal compliance.
Notwithstanding any other provision of law, for the purposes of
developing recommendations, the Bureau of Indian Affairs is hereby
authorized access to tribal revenue-related data held by any Federal
agency, excluding information held by the Internal Revenue Service.
(c) Except as provided in subsection (d), tribal revenue shall
include the sum of tribal net income, however derived, from any
business venture owned, held, or operated, in whole or in part,
by any tribal entity which is eligible to receive TPA on behalf
of the members of any tribe, all amounts distributed as per capita
payments which are not otherwise included in net income, and
any income from fees, licenses or taxes collected by any tribe.

16 USC 461 note.

112 STAT. 2681–263

PUBLIC LAW 105–277—OCT. 21, 1998

(d) The calculation of tribal revenues shall exclude payments
made by the Federal Government in settlement of claims or judgments and income derived from lands, natural resources, funds,
and assets held in trust by the Secretary of the Interior.
(e) In developing alternative TPA distribution methods, the
Bureau of Indian Affairs will take into account the financial obligations of a tribe, such as budgeted health, education and public
works service costs; its compliance, obligations and spending
requirements under the Indian Gaming Regulatory Act; its compliance with the Single Audit Act; and its compact with its State.
SEC. 130. None of the funds in this or any other Act shall
be used to issue a notice of final rulemaking with respect to the
valuation of crude oil for royalty purposes, including a rulemaking
derived from proposed rules published in 63 Federal Register 6113
(1998), 62 Federal Register 36030, and 62 Federal Register 3742
(1997) until June 1, 1999, or until there is a negotiated agreement
on the rule.
SEC. 131. Up to $8,000,000 of funds available in fiscal years
1998 and 1999 shall be available for grants, not covering more
than 33 percent of the total cost of any acquisition to be made
with such funds, to States and local communities for purposes
of acquiring lands or interests in lands to preserve and protect
Civil War battlefield sites identified in the July 1993 Report on
the Nation’s Civil War Battlefields prepared by the Civil War Sites
Advisory Commission. Lands or interests in lands acquired pursuant to this section shall be subject to the requirements of paragraph
6(f)(3) of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l–8(f)(3)).
SEC. 132. LEASING OF CERTAIN RESERVED MINERAL INTERESTS.
(a) APPLICATION OF MINERAL LEASING ACT.—Notwithstanding section 4 of Public Law 88–608 (78 Stat. 988), the Federal reserved
mineral interests in land conveyed under that Act by United States
land patents No. 49–71–0059 and No. 49–71–0065 shall be subject
to the Act of February 25, 1920 (commonly known as the ‘‘Mineral
Leasing Act’’) (30 U.S.C. 181 et seq.).
(b) ENTRY.—
(1) IN GENERAL.—A person that acquires a lease under
the Act of February 25, 1920 (30 U.S.C. 181 et seq.) for the
interests referred to in subsection (a) may exercise the right
of entry that is reserved to the United States and persons
authorized by the United States in the patents conveying the
land described in subsection (a) by occupying so much of the
surface the land as may be required for purposes reasonably
incident to the exploration for, and extraction and removal
of, the leased minerals.
(2) CONDITION.—A person that exercises a right of entry
under paragraph (1), shall, before commencing occupancy—
(A) secure the written consent or waiver of the patentee; or
(B) post a bond or other financial guarantee with the
Secretary of the Interior in an amount sufficient to
ensure—
(i) the completion of reclamation pursuant to the
requirements of the Secretary under the Act of February 25, 1920 (30 U.S.C. 181 et seq.); and
(ii) the payment to the surface owner for—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–264

(I) any damage to a crop or tangible improvement of the surface owner that results from activity under the mineral lease; and
(II) any permanent loss of income to the surface owner due to loss or impairment of grazing
use or of other uses of the land by the surface
owner at the time of commencement of activity
under the mineral lease.
(c) EFFECTIVE DATE.—In the case of the land conveyed by
United States patent No. 49–71–0065, this section takes effect
January 1, 1997.
SEC. 133. Notwithstanding any other provision of law, the
Tribal Self-Governance Act (25 U.S.C. § 458aa et seq.) is amended
at § 458ff(c) by inserting ‘‘450c(d),’’ following the word ‘‘sections’’.
SEC. 134. CORRECTION TO COASTAL BARRIER RESOURCES SYSTEM
MAP. (a) IN GENERAL.—Not later than 30 days after the date
of enactment of this Act, the Secretary of the Interior shall make
such corrections to the map described in subsection (b) as are
necessary to restore on that map the September 30, 1982, boundary
for Unit M09 on the portion of Edisto Island located immediately
to the south and west of the Jeremy Cay Causeway.
(b) MAP DESCRIBED.—The map described in this subsection
is the map included in a set of maps entitled ‘‘Coastal Barrier
Resources System’’, dated October 24, 1990, that relates to the
unit of the Coastal Barrier Resources System entitled ‘‘Edisto Complex M09/M09P’’.
SEC. 135. KATMAI NATIONAL PARK LAND EXCHANGE. (a) RATIFICATION OF AGREEMENT.—
(1) RATIFICATION.—
(A) IN GENERAL.—The terms, conditions, procedures,
covenants, reservations, and other provisions set forth in
the document entitled ‘‘Agreement for the Sale, Purchase
and Conveyance of Lands between the Heirs, Designees
and/or Assigns of Palakia Melgenak and the United States
of America’’ (hereinafter referred to in this section as the
‘‘Agreement’’), executed by its signatories, including the
heirs, designees and/or assigns of Palakia Melgenak
(hereinafter referred to in this section as the ‘‘Heirs’’) effective on September 1, 1998 are authorized, ratified and
confirmed, and set forth the obligations and commitments
of the United States and all other signatories, as a matter
of Federal law.
(B) NATIVE ALLOTMENT.—Notwithstanding any provision of law to the contrary, all lands described in section
2(c) of the Agreement for conveyance to the Heirs shall
be deemed a replacement transaction under ‘‘An Act to
relieve restricted Indians in the Five Civilized Tribes whose
nontaxable lands are required for State, county or municipal improvements or sold to other persons or for other
purposes’’ (25 U.S.C. 409a, 46 Stat. 1471), as amended,
and the Secretary shall convey such lands by a patent
consistent with the terms of the Agreement and subject
to the same restraints on alienation and tax-exempt status
as provided for Native allotments pursuant to ‘‘An Act
authorizing the Secretary of the Interior to allot homesteads to the natives of Alaska’’ (34 Stat. 197), as amended,
repealed by section 18(a) the Alaska Native Claims

25 USC 458ff.
16 USC 3503
note.

16 USC 410hh–1
note.

112 STAT. 2681–265

16 USC 1132
note.

PUBLIC LAW 105–277—OCT. 21, 1998

Settlement Act (85 Stat. 710), with a savings clause for
applications pending on December 18, 1971.
(C) LAND ACQUISITION.—Lands and interests in land
acquired by the United States pursuant to the Agreement
shall be administered by the Secretary of the Interior
(hereinafter referred to as the ‘‘Secretary’’) as part of the
Katmai National Park, subject to the laws and regulations
applicable thereto.
(2) MAPS AND DEEDS.—The maps and deeds set forth in
the Agreement generally depict the lands subject to the conveyances, the retention of consultation rights, the conservation
easement, the access rights, Alaska Native Allotment Act status, and the use and transfer restrictions.
(b) KATMAI NATIONAL PARK AND PRESERVE WILDERNESS.—Upon
the date of closing of the conveyance of the approximately 10
acres of Katmai National Park Wilderness lands to be conveyed
to the Heirs under the Agreement, the following lands shall hereby
be designated part of the Katmai Wilderness as designated by
section 701(4) of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 1132 note; 94 Stat. 2417):
A strip of land approximately one half mile long and 165
feet wide lying within Section 1, Township 24 South, Range
33 West, Seward Meridian, Alaska, the center line of which
is the center of the unnamed stream from its mouth at
Geographic Harbor to the north line of said Section 1. Said
unnamed stream flows from the unnamed lake located in Sections 25 and 26, Township 23 South, Range 33 West, Seward
Meridian. This strip of land contains approximately 10 acres.
(c) AVAILABILITY OF APPROPRIATION.—None of the funds appropriated in this Act or any other Act hereafter enacted for the
implementation of the Agreement may be expended until the Secretary determines that the Heirs have signed a valid and full
relinquishment and release of any and all claims described in
section 2(d) of the Agreement.
(d) GENERAL PROVISIONS.—
(1) All of the lands designated as Wilderness pursuant
to this section shall be subject to any valid existing rights.
(2) Subject to the provisions of the Alaska National Interest
Lands Conservation Act, the Secretary shall ensure that the
lands in the Geographic Harbor area not directly affected by
the Agreement remain accessible for the public, including its
mooring and mechanized transportation needs.
(3) The Agreement shall be placed on file and available
for public inspection at the Alaska Regional Office of the
National Park Service, at the office of the Katmai National
Park and Preserve in King Salmon, Alaska, and at least one
public facility managed by the Federal, State or local government located in each of Homer, Alaska, and Kodiak, Alaska
and such other public facilities which the Secretary determines
are suitable and accessible for such public inspections. In addition, as soon as practicable after enactment of this provision,
the Secretary shall make available for public inspection in
those same offices, copies of all maps and legal descriptions
of lands prepared in implementing either the Agreement or
this section. Such legal descriptions shall be published in the
Federal Register and filed with the Speaker of the House of
Representatives and the President of the Senate.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–266

SEC. 136. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS. Section 124(a) of the Department of the Interior and Related
Agencies Appropriations Act, 1997 (16 U.S.C. 1011(a)) is amended
by striking ‘‘with willing private landowners for restoration and
enhancement of fish, wildlife, and other biotic resources on public
or private land or both’’ and inserting ‘‘with the heads of other
Federal agencies, tribal, State, and local governments, private and
nonprofit entities, and landowners for the protection, restoration,
and enhancement of fish and wildlife habitat and other resources
on public or private land and the reduction of risk from natural
disaster where public safety is threatened’’.
SEC. 137. None of the funds made available in this or any
other Act may be expended before March 31, 1999 to publish final
regulations based on the regulations proposed at 63 Fed. Reg.
3289 on January 22, 1998.
SEC. 138. ACQUISITION OF REAL PROPERTY INTERESTS FOR ADDITION TO CHICKAMAUGA AND CHATTANOOGA NATIONAL MILITARY
PARK. The Act of August 19, 1890 (16 U.S.C. 424), is amended
by adding at the end the following:
‘‘SEC. 12. ACQUISITION OF LAND.

‘‘(a) IN GENERAL.—The Secretary of the Interior may acquire
private land, easements, and buildings within the areas authorized
for acquisition for the Chickamauga and Chattanooga National
Military Park, by donation, purchase with donated or appropriated
funds, or exchange.
‘‘(b) LIMITATION.—Land, easements, and buildings described in
subsection (a) may be acquired only from willing sellers.
‘‘(c) ADMINISTRATION.—Land, easements, and buildings acquired
by the Secretary under subsection (a) shall be administered by
the Secretary as part of the park.’’.
SEC. 139. Amounts invoiced by the Secretary of the Interior
and paid in full before the date of enactment of this Act for the
purchase of Federal royalty oil by a refiner pursuant to the preference for small refiners in section 36 of the Mineral Leasing
Act (30 U.S.C. 192) or section 27(b)(2) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1353(b)(2)) are hereby ratified and
deemed to be the refiner’s total obligation to the United States
for such purchases notwithstanding any other provision of law,
including the regulations set forth in 30 C.F.R. 208.13 (1997),
subject to adjustment to reconcile billed volumes with delivered
volumes: Provided, That all delivered royalty oil volumes so invoiced
were processed, used, or exchanged for other crude oil on a volume
or equivalent basis that was processed or used, in the refiner’s
refineries located in the United States.
SEC. 140. Remaining funds in the amount of $250,000, appropriated as part of Public Law 105–83 in the National Park Service
construction account for fiscal year 1998 for an environmental
impact statement of a site for an interpretive center along the
Blue Ridge Parkway near Roanoke, Virginia, may be used for the
construction of an interpretive center outside of the boundaries
of the Blue Ridge Parkway, near Roanoke, Virginia.
SEC. 141. Section 5(a)(3) of the Act entitled ‘‘An Act to provide
for the establishment of the Indiana Dunes National Lakeshore,
and for other purposes’’, approved November 5, 1966 (16 U.S.C.
460u–5(a)(3)), is amended—

16 USC 424–1.

112 STAT. 2681–267

16 USC 410rr et
seq.

16 USC 460kkk
note.

16 USC 79a note.

PUBLIC LAW 105–277—OCT. 21, 1998

(1) in subparagraph (A), in the matter preceding clause
(i), by—
(A) striking ‘‘as of that date’’; and
(B) inserting ‘‘, subject to subparagraph (B),’’ after
‘‘term ending’’; and
(2) in subparagraph (B), by striking ‘‘Subparagraph (A)’’
and inserting ‘‘Subparagraph (A)(ii)’’.
SEC. 142. Notwithstanding any other provision of law, any
settlement or judgment against the United States for the legislative
taking by section 817 of Public Law 104–333 (110 Stat. 4200–
4201) of real property on the eastern end of Santa Cruz Island
known as the Gherini Ranch shall be paid solely from the permanent judgment appropriation established pursuant to section 1304
of title 31, United States Code.
SEC. 143. Public Law 102–350 (16 U.S.C. 410) is amended
to strike ‘‘Marsh-Billings’’ each place it appears and insert ‘‘MarshBillings-Rockefeller’’.
SEC. 144. Refunds or rebates received on an on-going basis
from a credit card services provider under the Department of the
Interior’s charge card programs may be deposited to and retained
without fiscal year limitation in the Departmental Working Capital
Fund established under 43 U.S.C. 1467 and used to fund management initiatives of general benefit to the Department of the Interior’s bureaus and offices as determined by the Secretary or his
designee.
SEC. 145. The principal visitor center for the Santa Monica
Mountains National Recreation Area, regardless of location, shall
be named for Anthony C. Beilenson and shall be referred to in
any law, document or record of the United States as the ‘‘Anthony
C. Beilenson Visitor Center’’.
SEC. 146. The Redwood Information Center located at 119231
Highway 101 in Orick, California is hereby named the ‘‘Thomas
H. Kuchel Visitor Center’’ and shall be referred to in any law,
document or record of the United States as the ‘‘Thomas H. Kuchel
Visitor Center’’.
SEC. 147. Appropriations made in this title under the headings
Bureau of Indian Affairs and Office of Special Trustee for American
Indians and any available unobligated balances from prior appropriations Acts made under the same headings, shall be available
for expenditure or transfer for Indian trust management activities
pursuant to the Trust Management Improvement Project High Level
Implementation Plan.
SEC. 148. All funds received by the United States as a result
of the sale or the exchange and subsequent sale of lands under
section 412(a)(1) of the ‘‘Treasury and General Government Appropriations Act, 1999’’ shall be deposited in the ‘‘Everglades restoration’’ account in accordance with section 390(f)(2)(A) of the Federal
Agriculture Improvement and Reform Act of 1996, Public Law 104–
127, 110 Stat. 1022.
SEC. 149. Notwithstanding any other provision of law, the
Secretary of the Interior shall transfer a road easement, no wider
than 50 feet, across lot 1 (USS 3811, First Judicial District, Juneau
Recording District, State of Alaska), administered by the National
Park Service, identified as road alternative 1 on the map entitled
‘‘Traffic and Environmental Feasibility Study for Access to Proposed
Auke Cape Facility’’ in the document for the NOAA/NMFS Juneau
Consolidated Facility Preliminary Draft Environmental Impact

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–268

Statement, dated July 1996, to the City and Borough of Juneau,
Alaska. The Secretary of the Interior shall also transfer to the
City and Borough of Juneau all right, title and interest of the
United States in the right of way described by the plat recorded
in Book 54, page 371, of the Juneau Recording District. Such
transfers shall occur as soon as practical after the Secretary of
Commerce has exchanged all, or a portion, of the right, title and
interest in the 28.16 acres known as the Auke Cape property
for the 22.35 acres known as the Lena Point property, near Juneau,
Alaska to the City and Borough of Juneau, Alaska. The Secretary
of the Interior shall deliver to the City and Borough of Juneau,
Alaska a deed or patent establishing the conveyance to the City
and Borough of Juneau, Alaska of said easements. The Secretary
of the Interior shall retain the right of access and use of such
right of way, easement and road.
SEC. 150. All properties administered by the National Park
Service at Fort Baker, Golden Gate National Recreation Area, and
leases, concessions, permits and other agreements associated with
those properties, shall be exempt from all taxes and special assessments, except sales tax, by the State of California and its political
subdivisions, including the County of Marin and the City of
Sausalito. Such areas of Fort Baker shall remain under exclusive
federal jurisdiction.
SEC. 151. Notwithstanding any provision of law, the Secretary
of the Interior is authorized to negotiate and enter into agreements
and leases, without regard to section 321 of chapter 314 of the
Act of June 30, 1932 (40 U.S.C. 303b), with any person, firm,
association, organization, corporation, or governmental entity for
all or part of the property within Fort Baker administered by
the Secretary as part of Golden Gate National Recreation Area.
The proceeds of the agreements or leases shall be retained by
the Secretary and such proceeds shall be available, without future
appropriation, for the preservation, restoration, operation, maintenance and interpretation and related expenses incurred with respect
to Fort Baker properties.
SEC. 152. In implementing section 1307(a) of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3197), the
Secretary of the Interior shall deem the holder (on the date of
enactment of this Act) of the concession contract KATM001–81
to be a person who, on or before January 1, 1979, was engaged
in adequately providing visitor services of the type authorized in
said contract with Katmai National Park and Preserve.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH

For necessary expenses of forest and rangeland research as
authorized by law, $197,444,000, to remain available until
expended.

112 STAT. 2681–269

PUBLIC LAW 105–277—OCT. 21, 1998
STATE AND PRIVATE FORESTRY

For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions,
and others, and for forest health management, cooperative forestry,
and education and land conservation activities, $170,722,000, to
remain available until expended, as authorized by law.
NATIONAL FOREST SYSTEM

For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization of the National Forest System, and for administrative expenses
associated with the management of funds provided under the headings ‘‘Forest and Rangeland Research’’, ‘‘State and Private Forestry’’,
‘‘National Forest System’’, ‘‘Wildland Fire Management’’,
‘‘Reconstruction and Construction’’, and ‘‘Land Acquisition’’,
$1,298,570,000, to remain available until expended, which shall
include 50 percent of all moneys received during prior fiscal years
as fees collected under the Land and Water Conservation Fund
Act of 1965, as amended, in accordance with section 4 of the
Act (16 U.S.C. 460l–6a(i)): Provided, That up to $3,000,000 of funds
provided herein may be used to construct or reconstruct facilities
of the Forest Service: Provided further, That no more than $150,000
shall be used on any single project, exclusive of planning and
design costs: Provided further, That any unobligated balances remaining in this appropriation in the road maintenance extended
budget line item at the end of fiscal year 1998 may be transferred
to and made a part of the ‘‘Reconstruction and Construction’’ appropriation, road maintenance and decommissioning extended budget
line item.
WILDLAND FIRE MANAGEMENT

For necessary expenses for forest fire presuppression activities
on National Forest System lands, for emergency fire suppression
on or adjacent to such lands or other lands under fire protection
agreement, and for emergency rehabilitation of burned-over
National Forest System lands and water, $560,176,000, to remain
available until expended: Provided, That such funds are available
for repayment of advances from other appropriations accounts previously transferred for such purposes.
For an additional amount to cover necessary expenses for emergency rehabilitation, presuppression due to emergencies, and wildfire suppression activities of the Forest Service, $102,000,000, to
remain available until expended: Provided, That the entire amount
is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That these
funds shall be available only to the extent an official budget request
for a specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–270

RECONSTRUCTION AND CONSTRUCTION

For necessary expenses of the Forest Service, not otherwise
provided for, $297,352,000, to remain available until expended for
construction, reconstruction and acquisition of buildings and other
facilities, and for construction, reconstruction, repair and maintenance of forest roads and trails by the Forest Service as authorized
by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, That
up to $15,000,000 of the funds provided herein for road maintenance
shall be available for the decommissioning of roads, including
unauthorized roads not part of the transportation system, which
are no longer needed: Provided further, That no funds shall be
expended to decommission any system road until notice and an
opportunity for public comment has been provided: Provided further,
That the Forest Service may make an advance of up to $200,000
from the funds provided under this heading in this Act and up
to $800,000 provided under this heading in Public Law 105–83
to the City of Colorado Springs, Colorado, for the design and
reconstruction of the Pikes Peak Summit House in accordance with
terms and conditions agreed to.
LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C.
460l–4 through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service,
$117,918,000, to be derived from the Land and Water Conservation
Fund, to remain available until expended.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,
and Cleveland National Forests, California, as authorized by law,
$1,069,000, to be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities pursuant to the Act
of December 4, 1967, as amended (16 U.S.C. 484a), to remain
available until expended.
RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior
fiscal year, as fees for grazing domestic livestock on lands in
National Forests in the sixteen Western States, pursuant to section
401(b)(1) of Public Law 94–579, as amended, to remain available
until expended, of which not to exceed 6 percent shall be available
for administrative expenses associated with on-the-ground range
rehabilitation, protection, and improvements.

112 STAT. 2681–271

PUBLIC LAW 105–277—OCT. 21, 1998

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH

For expenses authorized by 16 U.S.C. 1643(b), $92,000, to
remain available until expended, to be derived from the fund established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
SUBSISTENCE MANAGEMENT, FOREST SERVICE

For necessary expenses of the Forest Service to manage federal
lands in Alaska for subsistence uses under the provisions of Title
VIII of the Alaska National Interest Lands Conservation Act (Public
Law 96–487 et seq.) except in areas described in section 339(a)(1)(A)
and (B) of this Act, $3,000,000 to become available on September
30, 1999, and remain available until expended: Provided, That
if prior to October 1, 1999, the Secretary of the Interior determines
that the Alaska State Legislature has approved a bill or resolution
to amend the Constitution of the State of Alaska that, if approved
by the electorate, would enable the implementation of state laws
of general applicability which are consistent with, and which provide
for the definition, preference and participation specified in sections
803, 804, and 805 of the Alaska National Interest Lands Conservation Act, the Secretary of Agriculture shall make a $3,000,000
grant to the State of Alaska for the purpose of assisting that
State in fulfilling its responsibilities under sections 803, 804, and
805 of that Act.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE

Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of not to exceed 177 passenger
motor vehicles of which 22 will be used primarily for law enforcement purposes and of which 176 shall be for replacement; acquisition of 25 passenger motor vehicles from excess sources, and hire
of such vehicles; operation and maintenance of aircraft, the purchase
of not to exceed two for replacement only, and acquisition of sufficient aircraft from excess sources to maintain the operable fleet
at 213 aircraft for use in Forest Service wildland fire programs
and other Forest Service programs; notwithstanding other provisions of law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft; (2) services pursuant to 7 U.S.C.
2225, and not to exceed $100,000 for employment under 5 U.S.C.
3109; (3) purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land, waters,
and interests therein, pursuant to 7 U.S.C. 428a; (5) for expenses
pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms
as authorized by 5 U.S.C. 5901–5902; and (7) for debt collection
contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to abolish any region, to move or close any
regional office for National Forest System administration of the
Forest Service, Department of Agriculture without the consent of
the House and Senate Committees on Appropriations.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–272

Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management appropriation
for forest firefighting, emergency rehabilitation of burned-over or
damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Development and the Foreign Agricultural Service in connection with forest
and rangeland research, technical information, and assistance in
foreign countries, and shall be available to support forestry and
related natural resource activities outside the United States and
its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations.
None of the funds made available to the Forest Service under
this Act shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944 (7
U.S.C. 2257) or 7 U.S.C. 147b unless the proposed transfer is
approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming procedures
contained in House Report 105–163.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the procedures contained in House Report 105–163.
No funds appropriated to the Forest Service shall be transferred
to the Working Capital Fund of the Department of Agriculture
without the approval of the Chief of the Forest Service.
Notwithstanding any other provision of law, hereafter any
appropriations or funds available to the Forest Service may be
used to disseminate program information to private and public
individuals and organizations through the use of nonmonetary items
of nominal value and to provide nonmonetary awards of nominal
value and to incur necessary expenses for the nonmonetary recognition of private individuals and organizations that make contributions to Forest Service programs.
Notwithstanding any other provision of law, hereafter money
collected, in advance or otherwise, by the Forest Service under
authority of section 101 of Public Law 93–153 (30 U.S.C. 185(1))
as reimbursement of administrative and other costs incurred in
processing pipeline right-of-way or permit applications and for costs
incurred in monitoring the construction, operation, maintenance,
and termination of any pipeline and related facilities, may be used
to reimburse the applicable appropriation to which such costs were
originally charged.
Funds available to the Forest Service shall be available to
conduct a program of not less than $1,000,000 for high priority
projects within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps as authorized by
the Act of August 13, 1970, as amended by Public Law 93–408.
None of the funds available in this Act shall be used for
timber sale preparation using clearcutting in hardwood stands in
excess of 25 percent of the fiscal year 1989 harvested volume
in the Wayne National Forest, Ohio: Provided, That this limitation
shall not apply to hardwood stands damaged by natural disaster:
Provided further, That landscape architects shall be used to maintain a visually pleasing forest.

16 USC 556h.

30 USC 185 note.

112 STAT. 2681–273
16 USC 2106b.

16 USC 554e.

16 USC 583j–9.

PUBLIC LAW 105–277—OCT. 21, 1998

Any money collected from the States for fire suppression assistance rendered by the Forest Service on non-Federal lands not
in the vicinity of National Forest System lands shall hereafter
be used to reimburse the applicable appropriation and shall remain
available until expended as the Secretary may direct in conducting
activities authorized by 16 U.S.C. 2101 note, 2101–2110, 1606,
and 2111.
Of the funds available to the Forest Service, $1,500 is available
to the Chief of the Forest Service for official reception and representation expenses.
Notwithstanding any other provision of law, hereafter the Forest Service is authorized to employ or otherwise contract with
persons at regular rates of pay, as determined by the Service,
to perform work occasioned by emergencies such as fires, storms,
floods, earthquakes or any other unavoidable cause without regard
to Sundays, Federal holidays, and the regular workweek.
To the greatest extent possible, and in accordance with the
Final Amendment to the Shawnee National Forest Plan, none of
the funds available in this Act shall be used for preparation of
timber sales using clearcutting or other forms of even-aged management in hardwood stands in the Shawnee National Forest, Illinois.
Pursuant to sections 405(b) and 410(b) of Public Law 101–
593, of the funds available to the Forest Service, up to $2,250,000
may be advanced in a lump sum as Federal financial assistance
to the National Forest Foundation, without regard to when the
Foundation incurs expenses, for administrative expenses or projects
on or benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made available to the Foundation, no more than $400,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis funds
made available by the Forest Service: Provided further, That the
Foundation may transfer Federal funds to a non-Federal recipient
for a project at the same rate that the recipient has obtained
the non-Federal matching funds: Provided further, That hereafter,
the National Forest Foundation may hold Federal funds made available but not immediately disbursed and may use any interest
or other investment income earned (before, on, or after the date
of enactment of this Act) on Federal funds to carry out the purposes
of Public Law 101–593: Provided further, That such investments
may be made only in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and interest
by the United States.
Pursuant to section 2(b)(2) of Public Law 98–244, up to
$2,650,000 of the funds available to the Forest Service shall be
available for matching funds to the National Fish and Wildlife
Foundation, as authorized by 16 U.S.C. 3701–3709, and may be
advanced in a lump sum as Federal financial assistance, without
regard to when expenses are incurred, for projects on or benefitting
National Forest System lands or related to Forest Service programs:
Provided, That the Foundation shall obtain, by the end of the
period of Federal financial assistance, private contributions to
match on at least one-for-one basis funds advanced by the Forest
Service: Provided further, That the Foundation may transfer Federal funds to a non-Federal recipient for a project at the same

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–274

rate that the recipient has obtained the non-Federal matching
funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of the
funds appropriated to the Forest Service in the ‘‘National Forest
System’’ and ‘‘Reconstruction and Construction’’ accounts and
planned to be allocated to activities under the ‘‘Jobs in the Woods’’
program for projects on National Forest land in the State of
Washington may be granted directly to the Washington State Department of Fish and Wildlife for accomplishment of planned
projects. Twenty percent of said funds shall be retained by the
Forest Service for planning and administering projects. Project selection and prioritization shall be accomplished by the Forest Service with such consultation with the State of Washington as the
Forest Service deems appropriate.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge National
Scenic Area, pursuant to sections 14(c)(1) and (2), and section
16(a)(2) of Public Law 99–663.
The Secretary of Agriculture is authorized to enter into grants,
contracts, and cooperative agreements as appropriate with the Pinchot Institute for Conservation, as well as with public and other
private agencies, organizations, institutions, and individuals, to provide for the development, administration, maintenance, or restoration of land, facilities, or Forest Service programs, at the Grey
Towers National Historic Landmark: Provided, That, subject to
such terms and conditions as the Secretary of Agriculture may
prescribe, any such public or private agency, organization, institution, or individual may solicit, accept, and administer private gifts
of money and real or personal property for the benefit of, or in
connection with, the activities and services at the Grey Towers
National Historic Landmark: Provided further, That such gifts may
be accepted notwithstanding the fact that a donor conducts business
with the Department of Agriculture in any capacity.
Funds appropriated to the Forest Service shall be available,
as determined by the Secretary, for payments to Del Norte County,
California, pursuant to sections 13(e) and 14 of the Smith River
National Recreation Area Act (Public Law 101–612).
For purposes of the Southeast Alaska Economic Disaster Fund
as set forth in section 101(c) of Public Law 104–134, the direct
grants provided in subsection (c) shall be considered direct payments
for purposes of all applicable law except that these direct grants
may not be used for lobbying activities.
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.
The Forest Service shall fund overhead, national commitments,
indirect expenses, and any other category for use of funds which
are expended at any units, that are not directly related to the
accomplishment of specific work on-the-ground (referred to as
‘‘indirect expenditures’’), from funds available to the Forest Service,
unless otherwise prohibited by law: Provided, That not later than

112 STAT. 2681–275

PUBLIC LAW 105–277—OCT. 21, 1998

90 days after the date of the enactment of this Act, the Forest
Service shall provide, to the Committees on Appropriations of the
House of Representatives and Senate, proposed definitions, which
are consistent with Federal Accounting Standards Advisory Board
standards, to be used with the fiscal year 2000 budget, for indirect
expenditures: Provided further, That the Forest Service shall implement and adhere to the definitions on a nationwide basis without
flexibility for modification by any organizational level except the
Washington Office, and when changed by the Washington Office,
such changes in definition shall be reported in budget requests
submitted by the Forest Service: Provided further, That the Forest
Service shall provide in the fiscal year 2000 budget justification,
planned indirect expenditures in accordance with the definitions,
summarized and displayed to the Regional, Station, Area, and
detached unit office level. The justification shall display the estimated source and amount of indirect expenditures, by expanded
budget line item, of funds in the agency’s annual budget justification. The display shall include appropriated funds and the KnutsonVandenberg, Brush Disposal, Cooperative Work-Other, and Salvage
Sale funds. Changes between estimated and actual indirect expenditures shall be reported in subsequent budget justifications: Provided
further, That during fiscal year 2000 the Secretary shall limit
total annual indirect obligations from the Brush Disposal, Cooperative Work-Other, Knutson-Vandenberg, Reforestation, Salvage Sale,
and Roads and Trails funds to 20 percent of the total obligations
from each fund: Provided further, That not later than 90 days
after the date of the enactment of this Act, the Forest Service
shall provide a plan which addresses how the agency will fully
integrate all indirect expenditure information into the agency’s
general ledger system.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(DEFERRAL)

Of the funds made available under this heading for obligation
in prior years, $10,000,000 of such funds shall not be available
until October 1, 1999; $15,000,000 shall not be available until
October 1, 2000; and $15,000,000 shall not be available until October 1, 2001: Provided, That funds made available in previous appropriations Acts shall be available for any ongoing project regardless
of the separate request for proposal under which the project was
selected.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT

For necessary expenses in carrying out fossil energy research
and development activities, under the authority of the Department
of Energy Organization Act (Public Law 95–91), including the
acquisition of interest, including defeasible and equitable interests
in any real property or any facility or for plant or facility acquisition
or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and
disposal of mineral substances without objectionable social and
environmental costs (30 U.S.C. 3, 1602, and 1603), performed under
the minerals and materials science programs at the Albany

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–276

Research Center in Oregon, $384,056,000, to remain available until
expended: Provided, That no part of the sum herein made available
shall be used for the field testing of nuclear explosives in the
recovery of oil and gas.
ALTERNATIVE FUELS PRODUCTION
(INCLUDING TRANSFER OF FUNDS)

Moneys received as investment income on the principal amount
in the Great Plains Project Trust at the Norwest Bank of North
Dakota, in such sums as are earned as of October 1, 1998, shall
be deposited in this account and immediately transferred to the
general fund of the Treasury. Moneys received as revenue sharing
from operation of the Great Plains Gasification Plant shall be
immediately transferred to the general fund of the Treasury.
NAVAL PETROLEUM AND OIL SHALE RESERVES

For necessary expenses in carrying out naval petroleum and
oil shale reserve activities, $14,000,000, to remain available until
expended: Provided, That the requirements of 10 U.S.C.
7430(b)(2)(B) shall not apply to fiscal year 1999: Provided further,
That, notwithstanding any other provision of law, funds available
pursuant to the first proviso under this heading in Public Law
101–512 shall be immediately available for all naval petroleum
and oil shale reserve activities.
ELK HILLS SCHOOL LANDS FUND

For necessary expenses in fulfilling the first installment payment under the Settlement Agreement entered into by the United
States and the State of California on October 11, 1996, as authorized
by section 3415 of Public Law 104–106, $36,000,000 for payment
to the State of California for the State Teachers’ Retirement Fund
from the Elk Hills School Lands Fund.
ENERGY CONSERVATION

For necessary expenses in carrying out energy conservation
activities, $691,701,000, to remain available until expended, including, notwithstanding any other provision of law, $64,000,000, which
shall be transferred to this account from amounts held in escrow
under section 3002(d) of Public Law 95–509 (15 U.S.C. 4501(d)):
Provided, That $166,000,000 shall be for use in energy conservation
programs as defined in section 3008(3) of Public Law 99–509 (15
U.S.C. 4507): Provided further, That notwithstanding section
3003(d)(2) of Public Law 99–509 such sums shall be allocated to
the eligible programs as follows: $133,000,000 for weatherization
assistance grants and $33,000,000 for State energy conservation
grants.
ECONOMIC REGULATION

For necessary expenses in carrying out the activities of the
Office of Hearings and Appeals, $1,801,000, to remain available
until expended.

10 USC 7430
note.

112 STAT. 2681–277

PUBLIC LAW 105–277—OCT. 21, 1998
STRATEGIC PETROLEUM RESERVE

For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities
pursuant to the Energy Policy and Conservation Act of 1975, as
amended (42 U.S.C. 6201 et seq.), $160,120,000, to remain available
until expended.
ENERGY INFORMATION ADMINISTRATION

For necessary expenses in carrying out the activities of the
Energy Information Administration, $70,500,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

Appropriations under this Act for the current fiscal year shall
be available for hire of passenger motor vehicles; hire, maintenance,
and operation of aircraft; purchase, repair, and cleaning of uniforms;
and reimbursement to the General Services Administration for security guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the performance
of work for which the appropriation is made.
None of the funds made available to the Department of Energy
under this Act shall be used to implement or finance authorized
price support or loan guarantee programs unless specific provision
is made for such programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and
to prosecute projects in cooperation with other agencies, Federal,
State, private or foreign: Provided, That revenues and other moneys
received by or for the account of the Department of Energy or
otherwise generated by sale of products in connection with projects
of the Department appropriated under this Act may be retained
by the Secretary of Energy, to be available until expended, and
used only for plant construction, operation, costs, and payments
to cost-sharing entities as provided in appropriate cost-sharing contracts or agreements: Provided further, That the remainder of revenues after the making of such payments shall be covered into
the Treasury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by the Secretary pursuant to this authority shall not be executed prior to
the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment
of more than three calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the President
of the Senate of a full comprehensive report on such project, including the facts and circumstances relied upon in support of the
proposed project.
No funds provided in this Act may be expended by the Department of Energy to prepare, issue, or process procurement documents
for programs or projects for which appropriations have not been
made.
In addition to other authorities set forth in this Act, the Secretary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–278

prosecute projects using such fees and contributions in cooperation
with other Federal, State or private agencies or concerns.
The Secretary in fiscal year 1999 and thereafter, shall continue
the process begun in fiscal year 1998 of accepting funds from
other Federal agencies in return for assisting agencies in achieving
energy efficiency in Federal facilities and operations by the use
of privately financed, energy savings performance contracts and
other private financing mechanisms. The funds may be provided
after agencies begin to realize energy cost savings; may be retained
by the Secretary until expended; and may be used only for the
purpose of assisting Federal agencies in achieving greater efficiency,
water conservation and use of renewable energy by means of privately financed mechanisms, including energy savings performance
contracts and utility incentive programs. These recovered funds
will continue to be used to administer even greater energy efficiency,
water conservation and use of renewable energy by means of privately financed mechanisms such as utility efficiency service contracts and energy savings performance contracts. The recoverable
funds will be used for all necessary program expenses, including
contractor support and resources needed, to achieve overall Federal
energy management program objectives for greater energy savings.
Any such privately financed contracts shall meet the provisions
of the Energy Policy Act of 1992, Public Law 102–486 regarding
energy savings performance contracts and utility incentive programs.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination Act, the Indian Health
Care Improvement Act, and titles II and III of the Public Health
Service Act with respect to the Indian Health Service,
$1,950,322,000, together with payments received during the fiscal
year pursuant to 42 U.S.C. 238(b) for services furnished by the
Indian Health Service: Provided, That funds made available to
tribes and tribal organizations through contracts, grant agreements,
or any other agreements or compacts authorized by the Indian
Self-Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the grant
or contract award and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That $12,000,000 shall remain available until expended,
for the Indian Catastrophic Health Emergency Fund: Provided further, That $373,801,000 for contract medical care shall remain
available for obligation until September 30, 2000: Provided further,
That of the funds provided, up to $17,000,000 shall be used to
carry out the loan repayment program under section 108 of the
Indian Health Care Improvement Act: Provided further, That funds
provided in this Act may be used for one-year contracts and grants
which are to be performed in two fiscal years, so long as the
total obligation is recorded in the year for which the funds are
appropriated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of

112 STAT. 2681–279

PUBLIC LAW 105–277—OCT. 21, 1998

title IV of the Indian Health Care Improvement Act shall remain
available until expended for the purpose of achieving compliance
with the applicable conditions and requirements of titles XVIII
and XIX of the Social Security Act (exclusive of planning, design,
or construction of new facilities): Provided further, That funding
contained herein, and in any earlier appropriations Acts for scholarship programs under the Indian Health Care Improvement Act
(25 U.S.C. 1613) shall remain available for obligation until September 30, 2000: Provided further, That amounts received by tribes
and tribal organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and available
to the receiving tribes and tribal organizations until expended:
Provided further, That, notwithstanding any other provision of law,
of the amounts provided herein, not to exceed $203,781,000 shall
be for payments to tribes and tribal organizations for contract
or grant support costs associated with contracts, grants, self-governance compacts or annual funding agreements between the Indian
Health Service and a tribe or tribal organization pursuant to the
Indian Self-Determination Act of 1975, as amended, prior to or
during fiscal year 1999: Provided further, That funds provided
to the Ponca Indian Tribe of Nebraska in previous fiscal years
that were retained by the tribe to carry out the programs and
functions of the Indian Health Service may be used by the tribe
to obtain approved clinical space to carry out the program.
INDIAN HEALTH FACILITIES

For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters
for personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings,
and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian SelfDetermination Act, and the Indian Health Care Improvement Act,
and for expenses necessary to carry out such Acts and titles II
and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health
Service, $289,465,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, funds appropriated for the planning, design, construction or renovation of health
facilities for the benefit of an Indian tribe or tribes may be used
to purchase land for sites to construct, improve, or enlarge health
or related facilities.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

Appropriations in this Act to the Indian Health Service shall
be available for services as authorized by 5 U.S.C. 3109 but at
rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and for uniforms
or allowances therefore as authorized by 5 U.S.C. 5901–5902; and
for expenses of attendance at meetings which are concerned with

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–280

the functions or activities for which the appropriation is made
or which will contribute to improved conduct, supervision, or
management of those functions or activities: Provided, That in
accordance with the provisions of the Indian Health Care Improvement Act, non-Indian patients may be extended health care at
all tribally administered or Indian Health Service facilities, subject
to charges, and the proceeds along with funds recovered under
the Federal Medical Care Recovery Act (42 U.S.C. 2651–2653) shall
be credited to the account of the facility providing the service
and shall be available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development
to the Indian Health Service shall be administered under Public
Law 86–121 (the Indian Sanitation Facilities Act) and Public Law
93–638, as amended: Provided further, That funds appropriated
to the Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be subject
to limitations directed at curtailing Federal travel and transportation: Provided further, That notwithstanding any other provision
of law, funds previously or herein made available to a tribe or
tribal organization through a contract, grant, or agreement authorized by title I or title III of the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), may be
deobligated and reobligated to a self-determination contract under
title I, or a self-governance agreement under title III of such Act
and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That none
of the funds made available to the Indian Health Service in this
Act shall be used to implement the final rule published in the
Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for the health
care services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such request
has been included in an appropriations Act and enacted into law:
Provided further, That funds made available in this Act are to
be apportioned to the Indian Health Service as appropriated in
this Act, and accounted for in the appropriation structure set forth
in this Act: Provided further, That with respect to functions transferred by the Indian Health Service to tribes or tribal organizations,
the Indian Health Service is authorized to provide goods and services to those entities, on a reimbursable basis, including payment
in advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited
to the same or subsequent appropriation account which provided
the funding, said amounts to remain available until expended:
Provided further, That, heretofore and hereafter and notwithstanding any other provision of law, funds available to the Indian Health
Service in this Act or any other Act for Indian self-determination
or self-governance contract or grant support costs may be expended
only for costs directly attributable to contracts, grants and compacts
pursuant to the Indian Self-Determination Act and no funds appropriated by this or any other Act shall be available for any contract
support costs or indirect costs associated with any contract, grant,
cooperative agreement, self-governance compact, or funding agreement entered into between an Indian tribe or tribal organization

25 USC 450j–2.

112 STAT. 2681–281

PUBLIC LAW 105–277—OCT. 21, 1998

and any entity other than the Indian Health Service: Provided
further, That reimbursements for training, technical assistance,
or services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead associated
with the provision of goods, services, or technical assistance: Provided further, That the appropriation structure for the Indian
Health Service may not be altered without advance approval of
the House and Senate Committees on Appropriations.
OTHER RELATED AGENCIES
OFFICE

OF

NAVAJO

AND

HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93–531, $13,000,000, to
remain available until expended: Provided, That funds provided
in this or any other appropriations Act are to be used to relocate
eligible individuals and groups including evictees from District 6,
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in
the preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically
domiciled on the lands partitioned to the Hopi Tribe unless a
new or replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected
a replacement residence off the Navajo reservation or on the land
acquired pursuant to 25 U.S.C. 640d–10.
INSTITUTE

OF

AMERICAN INDIAN AND ALASKA NATIVE CULTURE
ARTS DEVELOPMENT

AND

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99–498, as amended (20 U.S.C. 56 part A), $4,250,000.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and
museum assistance programs; maintenance, alteration, operation,
lease (for terms not to exceed 30 years), and protection of buildings,
facilities, and approaches; not to exceed $100,000 for services as
authorized by 5 U.S.C. 3109; up to 5 replacement passenger

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–282

vehicles; purchase, rental, repair, and cleaning of uniforms for
employees; $347,154,000, of which not to exceed $38,165,000 for
the instrumentation program, collections acquisition, Museum Support Center equipment and move, exhibition reinstallation, the
National Museum of the American Indian, the repatriation of skeletal remains program, research equipment, information management, and Latino programming shall remain available until
expended, and including such funds as may be necessary to support
American overseas research centers and a total of $125,000 for
the Council of American Overseas Research Centers: Provided, That
funds appropriated herein are available for advance payments to
independent contractors performing research services or participating in official Smithsonian presentations.
CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK

For necessary expenses of planning, construction, remodeling,
and equipping of buildings and facilities at the National Zoological
Park, by contract or otherwise, $4,400,000, to remain available
until expended.
REPAIR AND RESTORATION OF BUILDINGS

For necessary expenses of repair and restoration of buildings
owned or occupied by the Smithsonian Institution, by contract or
otherwise, as authorized by section 2 of the Act of August 22,
1949 (63 Stat. 623), including not to exceed $10,000 for services
as authorized by 5 U.S.C. 3109, $40,000,000, to remain available
until expended: Provided, That contracts awarded for environmental
systems, protection systems, and exterior repair or restoration of
buildings of the Smithsonian Institution may be negotiated with
selected contractors and awarded on the basis of contractor qualifications as well as price.
CONSTRUCTION

For necessary expenses for construction, $16,000,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, a single procurement for the construction of the
National Museum of the American Indian may be issued which
includes the full scope of the project: Provided further, That the
solicitation and the contract shall contain the clause ‘‘availability
of funds’’ found at 48 CFR 52.232.18.
ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION

None of the funds in this or any other Act may be used
to initiate the design of any expansion of current space or new
facility without consultation with the House and Senate Appropriations Committees.
None of the funds in this or any other Act may be used
to prepare a historic structures report, or for any other purpose,
involving the Holt House located at the National Zoological Park
in Washington, D.C.
The Smithsonian Institution shall not use Federal funds in
excess of the amount specified in Public Law 101–185 for the
construction of the National Museum of the American Indian.

112 STAT. 2681–283

PUBLIC LAW 105–277—OCT. 21, 1998
NATIONAL GALLERY

OF

ART

SALARIES AND EXPENSES

For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March
24, 1937 (50 Stat. 51), as amended by the public resolution of
April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance
when authorized by the treasurer of the Gallery for membership
in library, museum, and art associations or societies whose publications or services are available to members only, or to members
at a price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901–
5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates
or prices and under such terms and conditions as the Gallery
may deem proper, $57,938,000 of which not to exceed $3,026,000
for the special exhibition program shall remain available until
expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

For necessary expenses of repair, restoration and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, as authorized,
$6,311,000, to remain available until expended: Provided, That
contracts awarded for environmental systems, protection systems,
and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
JOHN F. KENNEDY CENTER

FOR THE

PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$12,187,000.
CONSTRUCTION

For necessary expenses for capital repair and rehabilitation
of the existing features of the building and site of the John F.
Kennedy Center for the Performing Arts, $20,000,000, to remain
available until expended.
WOODROW WILSON INTERNATIONAL CENTER

FOR

SCHOLARS

SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–284

hire of passenger vehicles and services as authorized by 5 U.S.C.
3109, $5,840,000.
NATIONAL FOUNDATION

ON THE

ARTS

NATIONAL ENDOWMENT

AND THE

FOR THE

HUMANITIES

ARTS

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$83,500,000 shall be available to the National Endowment for the
Arts for the support of projects and productions in the arts through
assistance to organizations and individuals pursuant to sections
5(c) and 5(g) of the Act, for program support, and for administering
the functions of the Act, to remain available until expended.
MATCHING GRANTS

To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended, $14,500,000, to remain available until expended, to the National
Endowment for the Arts: Provided, That this appropriation shall
be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of money,
and other property accepted by the chairman or by grantees of
the Endowment under the provisions of section 10(a)(2), subsections
11(a)(2)(A) and 11(a)(3)(A) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
NATIONAL ENDOWMENT

FOR THE

HUMANITIES

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$96,800,000, shall be available to the National Endowment for
the Humanities for support of activities in the humanities, pursuant
to section 7(c) of the Act, and for administering the functions
of the Act, to remain available until expended.
MATCHING GRANTS

To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended, $13,900,000, to remain available until expended, of which
$9,900,000 shall be available to the National Endowment for the
Humanities for the purposes of section 7(h): Provided, That this
appropriation shall be available for obligation only in such amounts
as may be equal to the total amounts of gifts, bequests, and devises
of money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.

112 STAT. 2681–285

PUBLIC LAW 105–277—OCT. 21, 1998
INSTITUTE

OF

MUSEUM

AND

LIBRARY SERVICES

OFFICE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION

For carrying out subtitle C of the Museum and Library Services
Act of 1996, as amended, $23,405,000, to remain available until
expended.
ADMINISTRATIVE PROVISIONS

None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used for official
reception and representation expenses: Provided further, That funds
from nonappropriated sources may be used as necessary for official
reception and representation expenses.
COMMISSION

OF

FINE ARTS

SALARIES AND EXPENSES

For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $898,000.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190
(20 U.S.C. 956(a)), as amended, $7,000,000.
ADVISORY COUNCIL

ON

HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89–665, as amended), $2,800,000: Provided, That none of these funds shall be available for compensation
of level V of the Executive Schedule or higher positions.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES

For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71–71i), including services as
authorized by 5 U.S.C. 3109, $5,954,000: Provided, That all appointed members will be compensated at a rate not to exceed
the rate for level IV of the Executive Schedule.
UNITED STATES HOLOCAUST MEMORIAL COUNCIL
HOLOCAUST MEMORIAL COUNCIL

For expenses of the Holocaust Memorial Council, as authorized
by Public Law 96–388 (36 U.S.C. 1401), as amended, $32,107,000,
of which $1,575,000 for the museum’s repair and rehabilitation
program and $1,264,000 for the museum’s exhibitions program shall
remain available until expended.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–286

PRESIDIO TRUST
PRESIDIO TRUST FUND

For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $14,913,000
shall be available to the Presidio Trust, to remain available until
expended. The Trust is authorized to issue obligations to the Secretary of the Treasury pursuant to section 104(d)(3) of the Act,
in an amount not to exceed $20,000,000.
TITLE III—GENERAL PROVISIONS
SEC. 301. 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. 302. No part of any appropriation under this Act shall
be available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee National Forest, Illinois: Provided, That nothing herein is
intended to inhibit or otherwise affect the sale, lease, or right
to access to minerals owned by private individuals.
SEC. 303. No part of any appropriation contained in this Act
shall be available for any activity or the publication or distribution
of literature that in any way tends to promote public support
or opposition to any legislative proposal on which congressional
action is not complete.
SEC. 304. 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. 305. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal
cook, chauffeur, or other personal servants to any officer or
employee of such department or agency except as otherwise provided
by law.
SEC. 306. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act unless
advance notice of such assessments and the basis therefor are
presented to the Committees on Appropriations and are approved
by such Committees.
SEC. 307. (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 sections 2 through 4 of the Act of March
3, 1933 (41 U.S.C. 10a–10c; popularly known as the ‘‘Buy American
Act’’).
(b) SENSE OF 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
of the Congress that entities receiving the assistance should,

112 STAT. 2681–287

PUBLIC LAW 105–277—OCT. 21, 1998

in expending the assistance, purchase only American-made
equipment and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing
financial assistance using funds made available in this Act,
the head of each Federal agency 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. 308. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National
Forest System or Bureau of Land Management lands in a manner
different than such sales were conducted in fiscal year 1995.
SEC. 309. None of the funds made available by this Act may
be obligated or expended by the National Park Service to enter
into or implement a concession contract which permits or requires
the removal of the underground lunchroom at the Carlsbad Caverns
National Park.
SEC. 310. None of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps program,
unless the relevant agencies of the Department of the Interior
and/or Agriculture follow appropriate reprogramming guidelines:
Provided, That if no funds are provided for the AmeriCorps program
by the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1999,
then none of the funds appropriated or otherwise made available
by this Act may be used for the AmeriCorps programs.
SEC. 311. None of the funds made available in this Act may
be used: (1) to demolish the bridge between Jersey City, New
Jersey, and Ellis Island; or (2) to prevent pedestrian use of such
bridge, when it is made known to the Federal official having authority to obligate or expend such funds that such pedestrian use
is consistent with generally accepted safety standards.
SEC. 312. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall
be obligated or expended to accept or process applications for a
patent for any mining or mill site claim located under the general
mining laws.
(b) EXCEPTIONS.—The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for the
claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements
established under sections 2325 and 2326 of the Revised Statutes
(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329,
2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36,
and 37) for placer claims, and section 2337 of the Revised Statutes
(30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–288

(c) REPORT.—On September 30, 1999, the Secretary of the
Interior shall file with the House and Senate Committees on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources
of the Senate a report on actions taken by the Department under
the plan submitted pursuant to section 314(c) of the Department
of the Interior and Related Agencies Appropriations Act, 1997 (Public Law 104–208).
(d) MINERAL EXAMINATIONS.—In order to process patent
applications in a timely and responsible manner, upon the request
of a patent applicant, the Secretary of the Interior shall allow
the applicant to fund a qualified third-party contractor to be selected
by the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the thirdparty contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of
third-party contractors.
SEC. 313. None of the funds appropriated or otherwise made
available by this Act may be used for the purposes of acquiring
lands in the counties of Gallia, Lawrence, Monroe, or Washington,
Ohio, for the Wayne National Forest.
SEC. 314. Notwithstanding any other provision of law, amounts
appropriated to or earmarked in committee reports for the Bureau
of Indian Affairs and the Indian Health Service by Public Laws
103–138, 103–332, 104–134, 104–208 and 105–83 for payments
to tribes and tribal organizations for contract support costs associated with self-determination or self-governance contracts, grants,
compacts, or annual funding agreements with the Bureau of Indian
Affairs or the Indian Health Service as funded by such Acts, are
the total amounts available for fiscal years 1994 through 1998
for such purposes, except that, for the Bureau of Indian Affairs,
tribes and tribal organizations may use their tribal priority allocations for unmet indirect costs of ongoing contracts, grants, selfgovernance compacts or annual funding agreements.
SEC. 315. Notwithstanding any other provision of law, for fiscal
year 1999 the Secretaries of Agriculture and the Interior are authorized to limit competition for watershed restoration project contracts
as part of the ‘‘Jobs in the Woods’’ component of the President’s
Forest Plan for the Pacific Northwest to individuals and entities
in historically timber-dependent areas in the States of Washington,
Oregon, and northern California that have been affected by reduced
timber harvesting on Federal lands.
SEC. 316. None of the funds collected under the Recreational
Fee Demonstration program may be used to plan, design, or construct a visitor center or any other permanent structure without
prior approval of the House and the Senate Committees on Appropriations if the estimated total cost of the facility exceeds $500,000.
SEC. 317. (a) None of the funds made available in this Act
or any other Act providing appropriations for the Department of
the Interior, the Forest Service or the Smithsonian Institution
may be used to submit nominations for the designation of Biosphere
Reserves pursuant to the Man and Biosphere program administered
by the United Nations Educational, Scientific, and Cultural
Organization.

112 STAT. 2681–289

16 USC 459j–4
note.

PUBLIC LAW 105–277—OCT. 21, 1998

(b) The provisions of this section shall be repealed upon enactment of subsequent legislation specifically authorizing United
States participation in the Man and Biosphere program.
SEC. 318. None of the funds made available in this or any
other Act for any fiscal year may be used to designate, or to
post any sign designating, any portion of Canaveral National Seashore in Brevard County, Florida, as a clothing-optional area or
as an area in which public nudity is permitted, if such designation
would be contrary to county ordinance.
SEC. 319. Of the funds provided to the National Endowment
for the Arts—
(1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature
fellowship, National Heritage Fellowship, or American Jazz
Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the season,
including identified programs and/or projects.
SEC. 320. The National Endowment for the Arts and the
National Endowment for the Humanities are authorized to solicit,
accept, receive, and invest in the name of the United States, gifts,
bequests, or devises of money and other property or services and
to use such in furtherance of the functions of the National Endowment for the Arts and the National Endowment for the Humanities.
Any proceeds from such gifts, bequests, or devises, after acceptance
by the National Endowment for the Arts or the National Endowment for the Humanities, shall be paid by the donor or the representative of the donor to the Chairman. The Chairman shall
enter the proceeds in a special interest-bearing account to the
credit of the appropriate Endowment for the purposes specified
in each case.
SEC. 321. No part of any appropriation contained in this Act
shall be expended or obligated to fund new revisions of national
forest land management plans until new final or interim final
rules for forest land management planning are published in the
Federal Register. Those national forests which are currently in
a revision process, having formally published a Notice of Intent
to revise prior to October 1, 1997; those national forests having
been court-ordered to revise; those national forests where plans
reach the fifteen year legally mandated date to revise before or
during calendar year 2000; national forests within the Interior
Columbia Basin Ecosystem study area; and the White Mountain
National Forest are exempt from this section and may use funds
in this Act and proceed to complete the forest plan revision in
accordance with current forest planning regulations.
SEC. 322. No part of any appropriation contained in this Act
shall be expended or obligated to complete and issue the fiveyear program under the Forest and Rangeland Renewable Resources
Planning Act.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–290

SEC. 323. (a) WATERSHED RESTORATION AND ENHANCEMENT
AGREEMENTS.—For fiscal year 1999, 2000 and 2001, to the extent
funds are otherwise available, appropriations for the Forest Service
may be used by the Secretary of Agriculture for the purpose of
entering into cooperative agreements with willing Federal, tribal,
State and local governments, private and nonprofit entities and
landowners for the protection, restoration and enhancement of fish
and wildlife habitat, and other resources on public or private land,
the reduction of risk from natural disaster where public safety
is threatened, or a combination thereof or both that benefit these
resources within the watershed.
(b) DIRECT AND INDIRECT WATERSHED AGREEMENTS.—The Secretary of Agriculture may enter into a watershed restoration and
enhancement agreement—
(1) directly with a willing private landowner; or
(2) indirectly through an agreement with a State, local
or tribal government or other public entity, educational institution, or private nonprofit organization.
(c) TERMS AND CONDITIONS.—In order for the Secretary to enter
into a watershed restoration and enhancement agreement—
(1) the agreement shall—
(A) include such terms and conditions mutually agreed
to by the Secretary and the landowner, state or local
government, or private or nonprofit entity;
(B) improve the viability of and otherwise benefit the
fish, wildlife, and other resources on national forests lands
within the watershed;
(C) authorize the provision of technical assistance by
the Secretary in the planning of management activities
that will further the purposes of the agreement;
(D) provide for the sharing of costs of implementing
the agreement among the Federal Government, the landowner(s), and other entities, as mutually agreed on by
the affected interests; and
(E) ensure that any expenditure by the Secretary
pursuant to the agreement is determined by the Secretary
to be in the public interest; and
(2) the Secretary may require such other terms and conditions as are necessary to protect the public investment on
non-Federal lands, provided such terms and conditions are
mutually agreed to by the Secretary and other landowners,
State and local governments or both.
(d) REPORTING REQUIREMENTS.—Not later than December 31,
1999, the Secretary shall submit a report to the Committees on
Appropriations of the House and Senate, which contains—
(1) A concise description of each project, including the
project purpose, location on federal and non-federal land, key
activities, and all parties to the agreement.
(2) the funding and/or other contributions provided by each
party for each project agreement.
SEC. 324. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the
Chairperson of the National Endowment for the Arts shall ensure
that priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs that
serve underserved populations.

16 USC 1011
note.

112 STAT. 2681–291

40 USC 1003
note.

16 USC 460l–6a
note.

PUBLIC LAW 105–277—OCT. 21, 1998

(b) In this section:
(1) The term ‘‘underserved population’’ means a population
of individuals who have historically been outside the purview
of arts and humanities programs due to factors such as a
high incidence of income below the poverty line or to geographic
isolation.
(2) The term ‘‘poverty line’’ means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to
a family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance for
projects, productions, workshops, or programs that will encourage
public knowledge, education, understanding, and appreciation of
the arts.
(d) With funds appropriated by this Act to carry out section
5 of the National Foundation on the Arts and Humanities Act
of 1965—
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
SEC. 325. None of the funds in this Act may be used for
planning, design or construction of improvements to Pennsylvania
Avenue in front of the White House without the advance approval
of the House and Senate Committees on Appropriations.
SEC. 326. Notwithstanding the provisions of section 1010(b)
of the Commemorative Works Act (40 U.S.C. 1001 et seq.), the
legislative authority for the international memorial to honor the
victims of communism, authorized under section 905 of Public Law
103–199 (107 Stat. 2331), shall expire December 17, 2007.
SEC. 327. Section 101(c) of Public Law 104–134, as amended,
is further amended as follows: Under the heading ‘‘Title III—General Provisions’’ amend section 315(f) (16 U.S.C. 460l–6a note) by
striking ‘‘September 30, 1999’’ after the words ‘‘and end on’’ and
inserting ‘‘September 30, 2001’’ and striking ‘‘September 30, 2002’’
after the words ‘‘remain available through’’ and inserting ‘‘September 30, 2004’’.
SEC. 328. Notwithstanding any other provision of law, none
of the funds in this Act may be used to enter into any new or
expanded self-determination contract or grant or self-governance
compact pursuant to the Indian Self-Determination Act of 1975,
as amended, for any activities not previously covered by such contracts, compacts or grants. Nothing in this section precludes the
continuation of those specific activities for which self-determination

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–292

and self-governance contracts, compacts and grants currently exist
or the renewal of contracts, compacts and grants for those activities;
implementation of section 325 of Public Law 105–83 (111 Stat.
1597); or compliance with 25 U.S.C. 2005.
SEC. 329. (a) PROHIBITION ON TIMBER PURCHASER ROAD CREDITS.—In financing any forest development road pursuant to section
4 of Public Law 88–657 (16 U.S.C. 535, commonly known as the
National Forest Roads and Trails Act), the Secretary of Agriculture
may not provide effective credit for road construction to any purchaser of national forest timber or other forest products.
(b)(1) CONSTRUCTION OF ROADS BY TIMBER PURCHASERS.—
Whenever the Secretary of Agriculture makes a determination that
a forest development road referred to in subsection (a) shall be
constructed or paid for, in whole or in part, by a purchaser of
national forest timber or other forest products, the Secretary shall
include notice of the determination in the notice of sale of the
timber or other forest products. The notice of sale shall contain,
or announce the availability of, sufficient information related to
the road described in the notice to permit a prospective bidder
on the sale to calculate the likely cost that would be incurred
by the bidder to construct or finance the construction of the road
so that the bidder may reflect such cost in the bid.
(2) If there is an increase or decrease in the cost of roads
constructed by the timber purchaser, caused by variations in quantities, changes or modifications subsequent to the sale of timber
made in accordance with applicable timber sale contract provisions,
then an adjustment to the price paid for timber harvested by
the purchaser shall be made. The adjustment shall be applied
by the Secretary as soon as practicable after any such design
change is implemented.
(c) SPECIAL ELECTION BY SMALL BUSINESS CONCERNS.—(1) A
notice of sale referred to in subsection (b) containing specified
road construction of $50,000 or more, shall give a purchaser of
national forest timber or other forest products that qualifies as
a ‘‘small business concern’’ under the Small Business Act (15 U.S.C.
631 et seq.), and regulations issued thereunder, the option to elect
that the Secretary of Agriculture build the roads described in the
notice. The Secretary shall provide the small business concern
with an estimate of the cost that would be incurred by the Secretary
to construct the roads on behalf of the small business concern.
The notice of sale shall also include the date on which the roads
described in the notice will be completed by the Secretary if the
election is made.
(2) If the election referred to in paragraph (1) is made, the
purchaser of the national forest timber or other forest products
shall pay to the Secretary of Agriculture, in addition to the price
paid for the timber or other forest products, an amount equal
to the estimated cost of the roads which otherwise would be paid
by the purchaser as provided in the notice of sale. Pending receipt
of such amount, the Secretary may use receipts from the sale
of national forest timber or other forest products and such additional
sums as may be appropriated for the construction of roads, such
funds to be available until expended, to accomplish the requested
road construction.
(d) POST CONSTRUCTION HARVESTING.—In each sale of national
forest timber or other forest products referred to in this section,
the Secretary of Agriculture is encouraged to authorize harvest

16 USC 535a.

112 STAT. 2681–293

43 USC 1474d.

PUBLIC LAW 105–277—OCT. 21, 1998

of the timber or other forest products in a unit included in the
sale as soon as road work for that unit is completed and the
road work is approved by the Secretary.
(e) CONSTRUCTION STANDARD.—For any forest development road
that is to be constructed or paid for by a purchaser of national
forest timber or other forest products, the Secretary of Agriculture
may not require the purchaser to design, construct, or maintain
the road (or pay for the design, construction, or maintenance of
the road) to a standard higher than the standard, consistent with
applicable environmental laws and regulations, that is sufficient
for the harvesting and removal of the timber or other forest products, unless the Secretary bears that part of the cost necessary
to meet the higher standard.
(f) TREATMENT OF ROAD VALUE.—For any forest development
road that is constructed or paid for by a purchaser of national
forest timber or other forest products, the estimated cost of the
road construction, including subsequent design changes, shall be
considered to be money received for purposes of the payments
required to be made under the sixth paragraph under the heading
‘‘FOREST SERVICE’’ in the Act of May 23, 1908 (35 Stat. 260,
16 U.S.C. 500), and section 13 of the Act of March 1, 1911 (35
Stat. 963; commonly known as the Weeks Act; 16 U.S.C. 500).
To the extent that the appraised value of road construction determined under this subsection reflects funds contributed by the Secretary of Agriculture to build the road to a higher standard pursuant
to subsection (e), the Secretary shall modify the appraisal of the
road construction to exclude the effect of the Federal funds.
(g) EFFECTIVE DATE.—(1) This section and the requirements
of this section shall take effect (and apply thereafter) upon the
earlier of—
(A) April 1, 1999; or
(B) the date that is the later of—
(i) the effective date of regulations issued by the Secretary of Agriculture to implement this section; and
(ii) the date on which new timber sale contract provisions designed to implement this section, that have been
published for public comment, are approved by the Secretary.
(2) Notwithstanding paragraph (1), any sale of national forest
timber or other forest products for which notice of sale is provided
before the effective date of this section, and any effective purchaser
road credit earned pursuant to a contract resulting from such
a notice of sale or otherwise earned before that effective date
shall remain in effect, and shall continue to be subject to section
4 of Public Law 88–657 and section 14(i) of the National Forest
Management Act of 1976 (16 U.S.C. 472a(i)), and rules issued
thereunder, as in effect on the day before the date of the enactment
of this Act.
SEC. 330. Section 6(b)(1)(B)(iii) of the National Foundation on
the Arts and Humanities Act of 1965 (20 U.S.C. 955(b)(1)(B)(iii))
is amended by striking ‘‘One’’ and inserting ‘‘Two’’.
SEC. 331. Section 401(f) of Public Law 105–83 (111 Stat. 1610)
is hereby amended by striking ‘‘1998’’ and inserting in lieu thereof
‘‘1999’’.
SEC. 332. Amounts deposited during fiscal year 1998 in the
roads and trails fund provided for in the fourteenth paragraph
under the heading ‘‘FOREST SERVICE’’ of the Act of March 4,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–294

1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the Secretary
of Agriculture, without regard to the State in which the amounts
were derived, to repair or reconstruct roads, bridges, and trails
on National Forest System lands or to carry out and administer
projects to improve forest health conditions, which may include
the repair or reconstruction of roads, bridges, and trails on National
Forest System lands in the wildland-community interface where
there is an abnormally high risk of fire. The projects shall emphasize reducing risks to human safety and public health and property
and enhancing ecological functions, long-term forest productivity,
and biological integrity. The Secretary shall commence the projects
during fiscal year 1999, but the projects may be completed in
a subsequent fiscal year. Funds shall not be expended under this
section to replace funds which would otherwise appropriately be
expended from the timber salvage sale fund. Nothing in this section
shall be construed to exempt any project from any environmental
law.
SEC. 333. Section 5 of the Arts and Artifacts Indemnity Act
(20 U.S.C. 974) is amended—
(1) in subsection (b) by striking ‘‘$3,000,000,000’’ and inserting ‘‘$5,000,000,000’’;
(2) in subsection (c) by striking ‘‘$300,000,000’’ and inserting ‘‘$500,000,000’’;
(3) by striking ‘‘or’’ at the end of subsection (d)(4);
(4) in subsection (d)(5) by striking ‘‘$200,000,000 or more’’
and inserting ‘‘not less than $200,000,000 but less than
$300,000,000’’ and by striking the final period and inserting
a semicolon; and
(5) by inserting the following two new subsections after
subsection (d)(5):
‘‘(6) not less than $300,000,000 but less than $400,000,000,
then coverage under this chapter shall extend only to loss
or damage in excess of the first $300,000 of loss or damage
to items covered; or
‘‘(7) $400,000,000 or more, then coverage under this chapter
shall extend only to loss or damage in excess of the first
$400,000 of loss or damage to items covered.’’.
SEC. 334. TULARE CONVEYANCE. (a) IN GENERAL.—Subject to
subsections (c) and (d), all conveyances to the Redevelopment
Agency of the City of Tulare, California, of lands described in
subsection (b), heretofore or hereafter, made directly by the Southern Pacific Transportation Company, or its successors, are hereby
validated to the extent that the conveyances would be legal or
valid if all right, title, and interest of the United States, except
minerals, were held by the Southern Pacific Transportation Company.
(b) LANDS DESCRIBED.—The lands referred to in subsection
(a) are the parcels shown on the map entitled ‘‘Tulare Redevelopment Agency-Railroad Parcels Proposed to be Acquired’’, dated May
29, 1997, that formed part of a railroad right-of-way granted to
the Southern Pacific Railroad Company, or its successors, agents,
or assigns, by the Federal Government (including the right-of-way
approved by an Act of Congress on July 27, 1866). The map referred
to in this subsection shall be on file and available for public inspection in the offices of the Director of the Bureau of Land Management.

112 STAT. 2681–295

16 USC 3503
note.

25 USC 1645.

25 USC 2717
note.
16 USC 3102
note.

PUBLIC LAW 105–277—OCT. 21, 1998

(c) PRESERVATION OF EXISTING RIGHTS OF ACCESS.—Nothing
in this section shall impair any existing rights of access in favor
of the public or any owner of adjacent lands over, under or across
the lands which are referred to in subsection (a).
(d) MINERALS.—The United States disclaims any and all right
of surface entry to the mineral estate of lands described in subsection (b).
SEC. 335. The final set of maps entitled ‘‘Coastal Barrier
Resources System’’, dated ‘‘October 24, 1990, revised November
12, 1996’’, and relating to the following units of the Coastal Barrier
Resources System: P04A, P05/P05P; P05A/P05AP, FL–06P; P10/
P10P; P11; P11AP; P11A; P18/P18P; P25/P25P; and P32/P32P
(which set of maps were created by the Department of the Interior
to comply with section 220 of Public Law 104–333, 110 Stat. 4115,
and notice of which was published in the Federal Register on
May 28, 1997) shall have the force and effect of law and replace
and substitute for any other inconsistent Coastal Barrier Resource
System map in the possession of the Department of the Interior.
This provision is effective immediately upon enactment of this Act
and the Secretary of the Interior or his designee shall immediately
make this ministerial substitution.
SEC. 336. Section 405(c)(2) of the Indian Health Care Improvement Act (42 U.S.C. 1645(c)(2)) is amended by striking ‘‘September
30, 1998’’ and inserting ‘‘September 30, 2000’’.
SEC. 337. Section 3003 of the Petroleum Overcharge Distribution and Restitution Act of 1986 (15 U.S.C. 4502) is amended
by adding after subsection (d) the following new subsection:
‘‘(e) Subsections (b), (c), and (d) of this section are repealed,
and any rights that may have arisen are extinguished, on the
date of the enactment of the Department of the Interior and Related
Agencies Appropriations Act, 1999. After that date, the amount
available for direct restitution to current and future refined petroleum product claimants under this Act is reduced by the amounts
specified in title II of that Act as being derived from amounts
held in escrow under section 3002(d). The Secretary shall assure
that the amount remaining in escrow to satisfy refined petroleum
product claims for direct restitution is allocated equitably among
the claimants.’’.
SEC. 338. Section 123(a)(2)(C) of the Department of the Interior
and Related Agencies Appropriations Act, 1998 (111 Stat. 1566),
is amended by striking ‘‘self-regulated tribes such as’’.
SEC. 339. (a) RESTRICTION ON FEDERAL MANAGEMENT UNDER
TITLE VIII OF THE ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT.—
(1) Notwithstanding any other provision of law, hereafter
neither the Secretary of the Interior nor the Secretary of Agriculture may, prior to December 1, 2000, implement or enforce
any final rule, regulation, or policy pursuant to title VIII of
the Alaska National Interest Lands Conservation Act to manage
and to assert jurisdiction, authority, or control over land, water,
and wild, renewable resources, including fish and wildlife, in
Alaska for subsistence uses, except within—
(A) areas listed in 50 C.F.R. 100.3(b) (October 1, 1998)
and
(B) areas constituting ‘‘public land or public lands’’
under the definition of such term found at 50 C.F.R. 100.4
(October 1, 1998).

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–296

(2) The areas in subparagraphs (A) and (B) of paragraph
(1) shall only be construed to mean those public lands which
as of October 1, 1998, were subject to federal management
for subsistence uses pursuant to Title VIII of the Alaska
National Interest Lands Conservation Act.
(b) SUBSECTION (a) REPEALED.—
(1) The Secretary of the Interior shall certify before October
1, 1999, if a bill or resolution has been passed by the Alaska
State Legislature to amend the Constitution of the State of
Alaska that, if approved by the electorate, would enable the
implementation of state laws of general applicability consistent
with, and which provide for the definition, preference, and
participation specified in sections 803, 804, and 805 of the
Alaska National Interest Lands Conservation Act.
(2) Subsection (a) shall be repealed on October 1, 1999,
unless prior to that date the Secretary of the Interior makes
such a certification described in paragraph (1).
(c) TECHNICAL AMENDMENTS TO THE ALASKA NATIONAL
INTEREST LANDS CONSERVATION ACT.—Section 805 of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3115) is
amended—
(1) in subsection (a) by striking ‘‘one year after the date
of enactment of this Act,’’
(2) in subsection (d) by striking ‘‘within one year from
the date of enactment of this Act,’’.
(d) EFFECT ON TIDAL AND SUBMERGED LAND.—Nothing in this
section invalidates, validates, or in any other way affects any claim
of the State of Alaska to title to any tidal or submerged land
in Alaska.
SEC. 340. None of the funds made available in this Act may
be used to establish a national wildlife refuge in the Kankakee
River watershed in northwestern Indiana and northeastern Illinois.
SEC. 341. Upon the condition that Skamania County conveys
title acceptable to the Secretary of Agriculture to all right, title
and interest in lands identified on a map dated September 29,
1998 entitled ‘‘Skamania County Lands to be Transferred’’, such
lands being located on Table Mountain lying within the Columbia
River Gorge National Scenic Area, there is hereby conveyed to
Skamania County, notwithstanding any other provision of law, the
Wind River Nursery Site lands and facilities and all interests
therein, except for the corridor of the Pacific Crest National Scenic
Trail, as depicted on a map dated September 29, 1998, entitled
‘‘Wind River Conveyance’’, which is on file and available for public
inspection in the Office of the Chief, USDA Forest Service, Washington, D.C.
The conveyance of lands to Skamania County shall become
automatically effective upon a determination by the Secretary that
Skamania County has conveyed acceptable title to the United States
to the Skamania County lands. Lands conveyed to the United
States shall become part of the Gifford Pinchot National Forest
and shall have the status of lands acquired under the Act of
March 1, 1911, (commonly called the Weeks Act) and shall be
managed in accordance with the laws and regulations applicable
to the National Forest System.
SEC. 342. (a) BOUNDARY ADJUSTMENTS.—
(1) LAKE CHELAN NATIONAL RECREATION AREA.—The boundary of the Lake Chelan National Recreation Area, established

16 USC 544g
note.

16 USC 90a–1
note.

112 STAT. 2681–297

16 USC 1642
note.

PUBLIC LAW 105–277—OCT. 21, 1998

by section 202 of Public Law 90–544 (16 U.S.C. 90a–1), is
hereby adjusted to exclude a parcel of land and waters consisting of approximately 88 acres, as depicted on the map entitled
‘‘Proposed Management Units, North Cascades, Washington’’,
numbered NP–CAS–7002A, originally dated October 1967, and
revised July 13, 1994.
(2) WENATCHEE NATIONAL FOREST.—The boundary of the
Wenatchee National Forest is hereby adjusted to include the
parcel of land and waters described in paragraph (1).
(3) AVAILABILITY OF MAP.—The map referred to in paragraph (1) shall be on file and available for public inspection
in the offices of the superintendent of the Lake Chelan National
Recreation Area and the Director of the National Park Service,
Department of the Interior, and in the office of the Chief
of the Forest Service, Department of Agriculture.
(b) TRANSFER OF ADMINISTRATIVE JURISDICTION.—Administrative jurisdiction over Federal land and waters in the parcel covered
by the boundary adjustments in subsection (a) is transferred from
the Secretary of the Interior to the Secretary of Agriculture, and
the transferred land and waters shall be managed by the Secretary
of Agriculture in accordance with the laws and regulations pertaining to the National Forest System.
(c) LAND AND WATER CONSERVATION FUND.—For purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l–9), the boundaries of the Wenatchee National Forest, as adjusted by subsection (a), shall be considered to be the
boundaries of the Wenatchee National Forest as of January 1,
1965.
SEC. 343. HARDWOOD TECHNOLOGY TRANSFER AND APPLIED
RESEARCH. (a) The Secretary of Agriculture (hereinafter the ‘‘Secretary’’) is hereby authorized to conduct technology transfer and
development, training, dissemination of information and applied
research in the management, processing and utilization of the hardwood forest resource. This authority is in addition to any other
authorities which may be available to the Secretary including,
but not limited to, the Cooperative Forestry Assistance Act of 1978,
as amended (16 U.S.C. 2101 et. seq.), and the Forest and Rangeland
Renewable Resources Act of 1978, as amended (16 U.S.C. 1600–
1614).
(b) In carrying out this authority, the Secretary may enter
into grants, contracts, and cooperative agreements with public and
private agencies, organizations, corporations, institutions and individuals. The Secretary may accept gifts and donations pursuant
to the Act of October 10, 1978 (7 U.S.C. 2269) including gifts
and donations from a donor that conducts business with any agency
of the Department of Agriculture or is regulated by the Secretary
of Agriculture.
(c) The Secretary is authorized, on such terms and conditions
as the Secretary may prescribe, to assume all rights, title, and
interest, including all outstanding assets, of the Robert C. Byrd
Hardwood Technology Center, Inc. (hereinafter the ‘‘Center’’), a
non-profit corporation existing under the laws of the State of West
Virginia: Provided, That the Board of Directors of the Center
requests such an action and dissolves the corporation consistent
with the Articles of Incorporation and the laws of the State of
West Virginia.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–298

(d) The Secretary is authorized to operate and utilize the assets
of the Center as part of a newly formed ‘‘Institute of Hardwood
Technology Transfer and Applied Research’’ (hereinafter the
‘‘Institute’’). The Institute, in addition to the Center, will consist
of a Director, technology transfer specialists from State and Private
Forestry, the Forestry Sciences Laboratory in Princeton, West Virginia, and any other organizational unit of the Department of
Agriculture as the Secretary deems appropriate. The overall
management of the Institute will be the responsibility of the USDA
Forest Service, State and Private Forestry.
(e) The Secretary is authorized to generate revenue using the
authorities provided herein. Any revenue received as part of the
operation of the Institute shall be deposited into a special fund
in the Treasury of the United States, known as the ‘‘Hardwood
Technology Transfer and Applied Research Fund’’, which shall be
available to the Secretary until expended, without further appropriation, in furtherance of the purposes of this section, including
upkeep, management, and operation of the Institute and the payment of salaries and expenses.
(f) There are hereby authorized to be appropriated such sums
as necessary to carry out the provisions of this section.
SEC. 344. Notwithstanding the requirements of section 1203(a)
of Public Law 99–662 [100 Stat. 4263], the non-Federal share of
the cost of correcting the spillway deficiency at Beach City Lake,
Muskingum River Basin, Ohio, shall not exceed $141,000.
SEC. 345. Notwithstanding section 343 of Public Law 105–
83, increases in recreation residence fees on the Sawtooth National
Forest shall be implemented in fiscal year 1999 only to the extent
that such fee increases do not exceed 25 percent.
SEC. 346. Section 7 of the Granger-Thye Act of April 24, 1950
is amended by deleting the words ‘‘recondition and maintain,’’
substituting in lieu thereof the words ‘‘renovate, recondition,
improve, and maintain’’.
SEC. 347. STEWARDSHIP END RESULT CONTRACTING DEMONSTRATION PROJECT. (a) IN GENERAL.—Until September 30, 2002,
the Forest Service may enter into no more than twenty-eight (28)
contracts with private persons and entities, of which Region One
of the Forest Service shall have the authority to enter into nine
(9) such contracts, to perform services to achieve land management
goals for the national forests that meet local and rural community
needs.
(b) LAND MANAGEMENT GOALS.—The land management goals
of a contract under subsection (a) may include, among other
things—
(1) road and trail maintenance or obliteration to restore
or maintain water quality;
(2) soil productivity, habitat for wildlife and fisheries, or
other resource values;
(3) setting of prescribed fires to improve the composition,
structure, condition, and health of stands or to improve wildlife
habitat;
(4) noncommercial cutting or removing of trees or other
activities to promote healthy forest stands, reduce fire hazards,
or achieve other non-commercial objectives;
(5) watershed restoration and maintenance;
(6) restoration and maintenance of wildlife and fish habitat;
and

16 USC 497d
note.

16 USC 580d.

16 USC 2104
note.

112 STAT. 2681–299

PUBLIC LAW 105–277—OCT. 21, 1998

(7) control of noxious and exotic weeds and reestablishing
native plant species.
(c) CONTRACTS.—
(1) PROCUREMENT PROCEDURE.—A source for performance
of a contract under subsection (a) shall be selected on a bestvalue basis, including consideration of source under other public
and private contracts.
(2) TERM.—A multiyear contract may be entered into under
subsection (a) in accordance with section 304B of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254c), except that the period of the contract may exceed 5
years but may not exceed 10 years.
(3) OFFSETS.—
(A) IN GENERAL.—In connection with contracts under
subsection (a), the Forest Service may apply the value
of timber or other forest products removed as an offset
against the cost of services received.
(B) METHODS OF APPRAISAL.—The value of timber or
other forest products used as offsets under subparagraph
(A)—
(i) shall be determined using appropriate methods
of appraisal commensurate with the quantity of products to be removed;
(ii) may be determined using a unit of measure
appropriate to the contracts; and
(iii) may include valuing products on a per-acre
basis.
(4) RELATION TO OTHER LAWS.—The Forest Service may
enter into contracts under subsection (a), notwithstanding subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a).
(d) RECEIPTS.—
(1) IN GENERAL.—The Forest Service may collect monies
from a contract under subsection (a) so long as such collection
is a secondary objective of negotiating contracts that will best
achieve the purposes of this section.
(2) USE.—Monies from a contract under subsection (a) may
be retained by the Forest Service and shall be available for
expenditure without further appropriation at the demonstration
project site from which the monies are collected or at another
demonstration project site.
(3) RELATION TO OTHER LAWS.—The value of services
received by the Secretary under a stewardship contract project
conducted under this section, and any payments made or
resources provided by the contractor or the Secretary under
such a project, shall not be considered to be monies received
from the National Forest System under any provision of law.
The Act of June 9, 1930 (16 U.S.C. 576 et seq.; commonly
known as the Knutson-Vandenberg Act), shall not apply to
stewardship contracts entered into under this section.
(e) COSTS OF REMOVAL.—The Forest Service may collect
deposits from contractors covering the costs of removal of timber
or other forest products pursuant to the Act of August 11, 1916
(39 Stat. 462, chapter 313; 16 U.S.C. 490); and the next to the
last paragraph under the heading ‘‘Forest Service.’’ under the heading ‘‘Department of Agriculture’’ in the Act of June 30, 1914 (38

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–300

Stat. 430, chapter 131; 16 U.S.C. 498); notwithstanding the fact
that the timber purchasers did not harvest the timber.
(f) PERFORMANCE AND PAYMENT GUARANTEES.—
(1) IN GENERAL.—The Forest Service may require performance and payment bonds, in accordance with sections 103–
2 and 103–2 of part 28 of the Federal Acquisition Regulation
(48 C.F.R. 28.103–2, 28.103–3), in an amount that the contracting officer considers sufficient to protect the Government’s
investment in receipts generated by the contractor from the
estimated value of the forest products to be removed under
contract under subsection (a).
(2) EXCESS OFFSET VALUE.—If the offset value of the forest
products exceeds the value of the resource improvement treatments, the Forest Service may—
(A) collect any residual receipts pursuant to the Act
of June 9, 1930 (46 Stat. 527, chapter 416; 16 U.S.C.
576b); and
(B) apply the excess to other authorized stewardship
demonstration projects.
(g) MONITORING, EVALUATION AND REPORTING.—The Forest
Service shall establish a multiparty monitoring and evaluation process that accesses each individual stewardship contract conducted
under this section. Besides the Forest Service, participants in this
process may include any cooperating governmental agencies, including tribal governments, and any interested groups or individuals.
The Forest Service shall report annually to the Committee on
Appropriations of the House of Representatives and the Committee
on Appropriations of the Senate on—
(1) the status of development, execution, and administration of contracts under subsection (a);
(2) the specific accomplishments that have resulted; and
(3) the role of local communities in development of contract
plans.
SEC. 348. The Forest Service and the Federal Highway Administration shall make available to the State of Utah, $15,000,000
for construction of the Trappers Loop connector road. Such funds
shall be made available from the Federal Land Highway Program,
Public Lands Highways (Forests) funds. Such funds shall be made
available prior to computation and aggregation of the state shares
of such funds for other projects.
SECTION 349. PROTECTION OF SANCTITY OF CONTRACTS AND
LEASES OF SURFACE PATENT HOLDERS WITH RESPECT TO COALBED
METHANE GAS. (a) IN GENERAL.—Subject to subsection (b), the
United States shall recognize as not infringing upon any ownership
rights of the United States to coalbed methane any—
(1) contract or lease covering any land that was conveyed
by the United States under the Act entitled ‘‘An Act for the
protection of surface rights of entrymen’’, approved March 3,
1909 (30 U.S.C. 81), or the Act entitled ‘‘An Act to provide
for agricultural entries on coal lands’’, approved June 22, 1910
(30 U.S.C. 83 et seq.), that was—
(A) entered into by a person who has title to said
land derived under said Acts, and
(B) that conveys rights to explore for, extract, and
sell coalbed methane from said land; or
(2) coalbed methane production from the lands described
in subsection (a)(1) by a person who has title to said land

30 USC 81 note.

112 STAT. 2681–301

PUBLIC LAW 105–277—OCT. 21, 1998

and who, on or before the date of enactment of this Act, has
filed an application with the State oil and gas regulating agency
for a permit to drill an oil and gas well to a completion target
located in a coal formation.
(b) APPLICATION.—Subsection (a)
(1) shall apply only to a valid contract or lease described
in subsection (a) that is in effect on the date of enactment
of this Act;
(2) shall not otherwise change the terms or conditions
of, or affect the rights or obligations of any person under
such a contract or lease;
(3) shall apply only to land with respect to which the
United States is the owner of coal reserved to the United
States in a patent issued under the Act of March 3, 1909
(30 U.S.C. 81), or the Act of June 22, 1910 (30 U.S.C. 83
et seq.), the position of the United States as the owner of
the coal not having passed to a third party by deed, patent
or other conveyance by the United States;
(4) shall not apply to any interest in coal or land conveyed,
restored, or transferred by the United States to a federally
recognized Indian tribe, including any conveyance, restoration,
or transfer made pursuant to the Indian Recorganization Act,
June 18, 1934 (c. 576, 48 Stat. 984, as amended); the Act
of June 28, 1938, (c. 776, 52 Stat. 1209 as implemented by
the order of September 14, 1938, 3 Fed. Reg. 1425); and including the area described in § 3 of P.L. 98–290; or any executive
order;
(5) shall not be construed to constitute a waiver of any
rights of the United States with respect to coalbed methane
production that is not subject to subsection (a);
(6) shall not limit the right of any person who entered
into a contract or lease before the date of enactment of this
Act, or enters into a contract or lease on or after the date
of enactment of this Act, for coal owned by the United States,
to mine and remove the coal and to release coalbed methane
without liability to any person referred to in subsection (a)(1)(A)
or (a)(2).
SEC. 350. No timber in Region 10 of the Forest Service shall
be advertised for sale which, when using domestic Alaska western
red cedar selling values and manufacturing costs, fails to provide
at least 60 percent of normal profit and risk of the appraised
timber, except at the written request by a prospective bidder. Program accomplishments shall be based on volume sold. Should
Region 10 sell, in fiscal year 1999, the annual average portion
of the decadal allowable sale quantity called for in the current
Tongass Land Management Plan which provides greater than 60
percent of normal profit and risk at the time of the sale advertisement, all of the western red cedar timber from those sales which
is surplus to the needs of domestic processors in Alaska, shall
be made available to domestic processors in the contiguous 48
United States based on values in the Pacific Northwest as determined by the Forest Service and stated in the timber sale contract.
Should Region 10 sell, in fiscal year 1999, less than the annual
average portion of the decadal allowable sale quantity called for
in the current Tongass Land Management Plan meeting the 60
percent of normal profit and risk standard at the time of sale
advertisement, the volume of western red cedar timber available

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–302

to domestic processors at rates specified in the timber sale contract
in the contiguous 48 states shall be that volume: (i) which is
surplus to the needs of domestic processors in Alaska; and (ii)
is that percent of the surplus western red cedar volume determined
by calculating the ratio of the total timber volume which has
been sold on the Tongass to the annual average portion of the
decadal allowable sale quantity called for in the current Tongass
Land Management Plan. The percentage shall be calculated by
Region 10 on a rolling basis as each sale is sold. (For purposes
of this amendment, a ‘‘rolling basis’’ shall mean that the determination of how much western red cedar is eligible for sale to various
markets shall be made at the time each sale is awarded.) Western
red cedar shall be deemed ‘‘surplus to the needs of domestic processors in Alaska’’ when the timber sale holder has presented to
the Forest Service documentation of the inability to sell western
red cedar logs from a given sale to domestic Alaska processors
at a price equal to or greater than the log selling value stated
in the contract. All additional western red cedar volume not sold
to Alaska or contiguous 48 United States domestic processors may
be exported to foreign markets at the election of the timber sale
holder. All Alaska yellow cedar may be sold at prevailing export
prices at the election of the timber sale holder.
SEC. 351. (a) Notwithstanding any other provision of law, prior
to September 30, 2001 the Indian Health Service may not disburse
funds for the provision of health care services pursuant to Public
Law 93–638 (25 U.S.C. 450 et seq.), with any Alaska native village
or Alaska Native village corporation that is located within the
area served by an Alaska Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native
village corporation under any contract or compact entered into
prior to August 27, 1997, or to prohibit the renewal of any such
agreement.
SEC. 352. None of the funds in this or any other Act shall
be expended in Fiscal Year 1999 by the Department of the Interior,
the Forest Service, or any other Federal agency for the capture
and physical relocation of grizzly bears in the Selway-Bitterroot
area of Idaho and adjacent Montana. Nothing in this section shall
prohibit the Department of the Interior, the Forest Service, or
any other Federal agency from using funds to produce a final
environmental impact statement that will include an analysis of
the habitat based population viability study completed in 1998,
receive public comment on such final environmental impact statement, or issue a Record of Decision.
SEC. 353. KING COVE HEALTH AND SAFETY. (a) ROAD ON KING
COVE CORPORATION LANDS.—Of the funds appropriated in this section, not later than 60 days after the date of enactment of this
Act, $20,000,000 shall be made available to the Aleutians East
Borough for the construction of an unpaved road not more than
20 feet in width, a dock, and marine facilities and equipment.
Such road shall be constructed on King Cove Corporation Lands
and shall extend from King Cove to such dock. The Aleutians
East Borough, in consultation with the State of Alaska, shall determine the appropriate location of such dock and marine facilities.
In no instance may any part of such road, dock, marine facilities
or equipment enter or pass over any land within the Congressionally-designated wilderness in the Izembek National Wildlife Refuge

112 STAT. 2681–303

16 USC 544b.

16 USC 544b
note.

PUBLIC LAW 105–277—OCT. 21, 1998

(for purposes of this section, the lands within the Refuge boundary
already conveyed to the King Cove Corporation are not within
the wilderness area).
(b) KING COVE AIR STRIP.—Of the funds appropriated in this
section, not later than 180 days after the date of enactment of
this Act, the Secretary of the Interior shall make available up
to $15,000,000 to the State of Alaska for the cost of improvements
to the air strip at King Cove, Alaska, including to enable jet aircraft
with the capability of flying non-stop between Anchorage, Alaska
and King Cove, Alaska to land and take off from such air strip.
(c) KING COVE INDIAN HEALTH SERVICE FACILITY.—Of the funds
appropriated in this section, not later than 60 days after the enactment of this Act, the Secretary of Health and Human Services
shall make available $2,500,000 to the Indian Health Service for
the cost of new construction or improvements to the clinic in King
Cove, Alaska, and telemedicine and other medical equipment for
such clinic.
(d) APPLICABILITY OF OTHER LAWS.—All actions undertaken
pursuant to this section must be in accordance with all other
applicable laws.
(e) APPROPRIATION.—In addition to funds in this or any other
Act, $37,500,000 is appropriated and shall remain available until
expended for the King Cove Health and Safety projects specifically
identified within this section.
SEC. 354. (a) IN GENERAL.—To reflect the intent of Congress
set forth in Public Law 98–396, section 4(a)(2) of the Columbia
River Gorge National Scenic Area Act (16 U.S.C. 544(a)(2)) is
amended—
(1) by striking ‘‘(2) The boundaries’’ and inserting the following:
‘‘(2) BOUNDARIES.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the boundaries’’; and
(2) by adding at the end the following:
‘‘(B) EXCLUSIONS.—The scenic area shall not include
the approximately 29 acres of land owned by the Port
of Camas-Washougal in the South 1⁄2 of Section 16, Township 1 North, Range 4 East, and the North 1⁄2 of Section
21, Township 1 North, Range 4 East, Willamete Meridian,
Clark County, Washington, that consists of—
‘‘(i) the approximately 19 acres of Port land
acquired from the Corps of Engineers under the Second
Supplemental Appropriations Act, 1984 (Public Law
98–396); and
‘‘(ii) the approximately 10 acres of adjacent Port
land to the west of the land described in clause (i).’’.
(b) INTENT.—The amendment made by subsection (a)—
(1) is intended to achieve the intent of Congress set forth
in Public Law 98–396; and
(2) is not intended to set a precedent regarding adjustment
or amendment of any boundaries of the Columbia River Gorge
National Scenic Area or any other provisions of the Columbia
River Gorge National Scenic Area Act.
SEC. 355. Section 5580 of the Revised Statutes (20 U.S.C.
42) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘The business’’; and
(2) by adding at the end the following:

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–304

‘‘(b) Notwithstanding any other provision of law, the Board
of Regents of the Smithsonian Institution may modify the number
of members, manner of appointment of members, or tenure of
members, of the boards or commissions under the jurisdiction of
the Smithsonian Institution, other than—
‘‘(1) the Board of Regents of the Smithsonian Institution;
and
‘‘(2) the boards or commissions of the National Gallery
of Art, the John F. Kennedy Center for the Performing Arts,
and the Woodrow Wilson International Center for Scholars.’’.
SEC. 356. (a) The Act entitled ‘‘An Act to promote the development of Indian arts and crafts and to create a board to assist
therein, and for other purposes’’, approved August 27, 1935 (25
U.S.C. 305 et seq.), is amended by adding at the end the following:
‘‘SEC. 7. (a) Notwithstanding any other provision of law, the
Secretary of the Interior is directed to transfer all right, title
and interest in that portion of the Indian Arts and Crafts Board
art collection maintained permanently by the Indian Arts and Crafts
Board in Washington, District of Columbia, to the Secretary of
the Smithsonian Institution to be a part of the collection of the
National Museum of the American Indian, subject to subsection
(b). Transfer of the collection and costs thereof shall be carried
out in accordance with terms, conditions, and standards mutually
agreed upon by the Secretary of the Interior and the Secretary
of the Smithsonian Institution.
‘‘(b) The Indian Arts and Crafts Board shall retain a permanent
license to the use of images of the collection for promotional, economic development, educational and related nonprofit purposes.
The Indian Arts and Crafts Board shall not be required to pay
any royalty or fee for such license.’’.
(b) The Secretary of the Interior is authorized to use funds
appropriated in this Act under the heading ‘SALARIES AND EXPENSES’
under the heading ‘DEPARTMENTAL MANAGEMENT’ for the costs associated with the transfer of the collection.
SEC. 357. None of the funds provided in this or any other
Act shall be available for the acquisition of lands or interests
in lands within the tract known as the Baca Location No. 1 in
New Mexico until such time as—
(1) an appraisal is completed for such tract which conforms
with the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(2) legislation is enacted authorizing the acquisition of
lands or interests in lands within such tract.
SEC. 358. The Federal building located at 15013 Denver West
Parkway, Golden, Colorado, and known as the National Renewable
Energy Laboratory Visitors Center, shall be known and designated
as the ‘‘Dan Schaefer Federal Building’’. Any reference in a law,
map, regulation, document, paper, or other record of the United
States to the United States court house referred to in this provision
shall be deemed to be a reference to the ‘‘Dan Schaefer Federal
Building’’. This provision shall take effect on January 3, 1999.
SEC. 359. The new Federal building under construction at 325
Broadway in Boulder, Colorado, shall be known and designated
as the ‘‘David Skaggs Federal Building’’. Any reference in a law,
map, regulation, document, paper, or other record of the United
States to the Federal building referred to in this provision shall

25 USC 305f.

112 STAT. 2681–305

PUBLIC LAW 105–277—OCT. 21, 1998

be deemed to be a reference to the ‘‘David Skaggs Federal Building’’.
This provision shall take effect on January 3, 1999.
SEC. 360. The Federal building located at 201 14th Street,
S.W. in Washington, D.C., shall be known and redesignated as
the ‘‘Sidney R. Yates Federal Building’’. Any reference in a law,
map, regulation, document, paper, or other record of the United
States to the Federal building referred to in this provision shall
be deemed to be a reference to the ‘‘Sidney R. Yates Federal Building’’. This provision shall take effect on January 3, 1999.
SEC. 361. If all of the funding approved for release by the
Committees on September 3, 1998, pursuant to Title V—Priority
Land Acquisitions, Land Exchanges, and Maintenance in Public
Law 105–83 is not apportioned to and made available for obligation
by the relevant land management agencies within five days of
the enactment of this Act, those funds are rescinded.
SEC. 362. Section 219 of the Federal Crop Insurance Reform
and Department of Agriculture Reorganization Act of 1994,
Pub. L. 103–354, 7 U.S.C. § 6919, is hereby repealed.
TITLE IV
THE HERGER-FEINSTEIN QUINCY LIBRARY GROUP FOREST
RECOVERY ACT
Herger-Feinstein
Quincy Library
Group Forest
Recovery Act.
16 USC 2104
note.

SEC. 401. PILOT PROJECT FOR PLUMAS, LASSEN, AND TAHOE
NATIONAL FORESTS TO IMPLEMENT QUINCY LIBRARY GROUP PROPOSAL. (a) DEFINITION.—For purposes of this section, the term
‘‘Quincy Library Group-Community Stability Proposal’’ means the
agreement by a coalition of representatives of fisheries, timber,
environmental, county government, citizen groups, and local
communities that formed in northern California to develop a
resource management program that promotes ecologic and economic
health for certain Federal lands and communities in the Sierra
Nevada area. Such proposal includes the map entitled ‘‘QUINCY
LIBRARY GROUP Community Stability Proposal’’, dated October
12, 1993, and prepared by VESTRA Resources of Redding, California.
(b) PILOT PROJECT REQUIRED.—
(1) PILOT PROJECT AND PURPOSE.—The Secretary of Agriculture (in this section referred to as the ‘‘Secretary’’), acting
through the Forest Service and after completion of an environmental impact statement (a record of decision for which shall
be adopted within 300 days), shall conduct a pilot project on
the Federal lands described in paragraph (2) to implement
and demonstrate the effectiveness of the resource management
activities described in subsection (d) and the other requirements
of this section, as recommended in the Quincy Library GroupCommunity Stability Proposal.
(2) PILOT PROJECT AREA.—The Secretary shall conduct the
pilot project on the Federal lands within Plumas National Forest, Lassen National Forest, and the Sierraville Ranger District
of Tahoe National Forest in the State of California designated
as ‘‘Available for Group Selection’’ on the map entitled ‘‘QUINCY LIBRARY GROUP Community Stability Proposal’’, dated
October 12, 1993 (in this section referred to as the ‘‘pilot project
area’’). Such map shall be on file and available for inspection
in the appropriate offices of the Forest Service.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–306

(c) EXCLUSION OF CERTAIN LANDS, RIPARIAN PROTECTION AND
COMPLIANCE.—
(1) EXCLUSION.—All spotted owl habitat areas and protected activity centers located within the pilot project area
designated under subsection (b)(2) will be deferred from
resource management activities required under subsection (d)
and timber harvesting during the term of the pilot project.
(2) RIPARIAN PROTECTION.—
(A) IN GENERAL.—The Scientific Analysis Team guidelines for riparian system protection described in subparagraph (B) shall apply to all resource management activities
conducted under subsection (d) and all timber harvesting
activities that occur in the pilot project area during the
term of the pilot project.
(B) GUIDELINES DESCRIBED.—The guidelines referred
to in subparagraph (A) are those in the document entitled
‘‘Viability Assessments and Management Considerations for
Species Associated with Late-Successional and Old-Growth
Forests of the Pacific Northwest’’, a Forest Service research
document dated March 1993 and co-authored by the Scientific Analysis Team, including Dr. Jack Ward Thomas.
(C) LIMITATION.—Nothing in this section shall be construed to require the application of the Scientific Analysis
Team guidelines to any livestock grazing in the pilot project
area during the term of the pilot project, unless the livestock grazing is being conducted in the specific location
at which the Scientific Analysis Team guidelines are being
applied to an activity under subsection (d).
(3) COMPLIANCE.—All resource management activities
required by subsection (d) shall be implemented to the extent
consistent with applicable Federal law and the standards and
guidelines for the conservation of the California spotted owl
as set forth in the California Spotted Owl Sierran Provence
Interim Guidelines or the subsequently issued guidelines,
whichever are in effect.
(4) ROADLESS AREA PROTECTION.—The Regional Forester
for Region 5 shall direct that any resource management activity
required by subsection (d)(1) and (2), all road building, all
timber harvesting activities, and any riparian management
under subsection (d)(4) that utilizes road construction or timber
harvesting shall not be conducted on Federal lands within
the Plumas National Forest, Lassen National Forest, and the
Sierraville Ranger District of the Tahoe National Forest that
are designated as either ‘‘Off Base’’ or ‘‘Deferred’’ on the map
referred to in subsection (a). Such direction shall be effective
during the term of the pilot project.
(d) RESOURCE MANAGEMENT ACTIVITIES.—During the term of
the pilot project, the Secretary shall implement and carry out
the following resource management activities on an acreage basis
on the Federal lands included within the pilot project area designated under subsection (b)(2):
(1) FUELBREAK CONSTRUCTION.—Construction of a strategic
system of defensible fuel profile zones, including shaded
fuelbreaks, utilizing thinning, individual tree selection, and
other methods of vegetation management consistent with the
Quincy Library Group-Community Stability Proposal, on not
less than 40,000, but not more than 60,000, acres per year.

112 STAT. 2681–307

PUBLIC LAW 105–277—OCT. 21, 1998

(2) GROUP SELECTION AND INDIVIDUAL TREE SELECTION.—
Utilization of group selection and individual tree selection
uneven-aged forest management prescriptions described in the
Quincy Library Group-Community Stability Proposal to achieve
a desired future condition of all-age, multistory, fire resilient
forests as follows:
(A) GROUP SELECTION.—Group selection on an average
acreage of .57 percent of the pilot project area land each
year of the pilot project.
(B) INDIVIDUAL TREE SELECTION.—Individual tree selection may also be utilized within the pilot project area.
(3) TOTAL ACREAGE.—The total acreage on which resource
management activities are implemented under this subsection
shall not exceed 70,000 acres each year.
(4) RIPARIAN MANAGEMENT.—A program of riparian
management, including wide protection zones and riparian restoration projects, consistent with riparian protection guidelines
in subsection (c)(2)(B).
(e) COST-EFFECTIVENESS.—In conducting the pilot project, Secretary shall use the most cost-effective means available, as determined by the Secretary, to implement resource management activities described in subsection (d).
(f) FUNDING.—
(1) SOURCE OF FUNDS.—In conducting the pilot project,
the Secretary shall use, subject to the relevant reprogramming
guidelines of the House and Senate Committees on
Appropriations—
(A) those funds specifically provided to the Forest Service by the Secretary to implement resource management
activities according to the Quincy Library Group-Community Stability Proposal; and
(B) year-end excess funds that are allocated for the
administration and management of Plumas National Forest, Lassen National Forest, and the Sierraville Ranger
District of Tahoe National Forest.
(2) PROHIBITION ON USE OF CERTAIN FUNDS.—The Secretary
may not conduct the pilot project using funds appropriated
for any other unit of the National Forest System.
(3) FLEXIBILITY.—Subject to normal reprogramming guidelines, during the term of the pilot project, the forest supervisors
of Plumas National Forest, Lassen National Forest, and Tahoe
National Forest may allocate and use all accounts that contain
year-end excess funds and all available excess funds for the
administration and management of Plumas National Forest,
Lassen National Forest, and the Sierraville Ranger District
of Tahoe National Forest to perform the resource management
activities described in subsection (d).
(4) RESTRICTION.—The Secretary or the forest supervisors,
as the case may be, shall not utilize authority provided under
paragraphs (1)(B) and (3) if, in their judgment, doing so will
limit other nontimber related multiple use activities for which
such funds were available.
(5) OVERHEAD.—The Secretary shall seek to ensure that
of amounts available to carry out this section—
(A) not more than 12 percent is used or allocated
for general administration or other overhead; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–308

(B) at least 88 percent is used to implement and carry
out activities required by this section.
(6) AUTHORIZED SUPPLEMENTAL FUNDS.—There are authorized to be appropriated to implement and carry out the pilot
project such sums as are necessary.
(7) BASELINE FUNDS.—Amounts available for resource
management activities authorized under subsection (d) shall
at a minimum include existing baseline funding levels.
(g) TERM OF PILOT PROJECT.—The Secretary shall conduct the
pilot project until the earlier of: (1) the date on which the Secretary
completes amendment or revision of the land and resource management plans directed under and in compliance with subsection (i)
for the Plumas National Forest, Lassen National Forest, and Tahoe
National Forest; or (2) five years after the date of the commencement of the pilot project.
(h) CONSULTATION.—(1) The statement required by subsection
(b)(1) shall be prepared in consultation with interested members
of the public, including the Quincy Library Group.
(2) CONTRACTING.—The Forest Service, subject to the availability of appropriations, may carry out any (or all) of the requirements
of this section using private contracts.
(i) CORRESPONDING FOREST PLAN AMENDMENTS.—Within 2
years after the date of the enactment of this Act, the Regional
Forester for Region 5 shall initiate the process to amend or revise
the land and resource management plans for Plumas National
Forest, Lassen National Forest, and Tahoe National Forest. The
process shall include preparation of at least one alternative that—
(1) incorporates the pilot project and area designations
made by subsection (b), the resource management activities
described in subsection (d), and other aspects of the Quincy
Library Group-Community Stability Proposal; and
(2) makes other changes warranted by the analyses conducted in compliance with section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), section
6 of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604), and other applicable laws.
(j) STATUS REPORTS.—
(1) IN GENERAL.—Not later than February 28 of each year
during the term of the pilot project, the Secretary shall submit
to Congress a report on the status of the pilot project. The
report shall include at least the following:
(A) A complete accounting of the use of funds made
available under subsection (f)(1)(A) until such funds are
fully expended.
(B) A complete accounting of the use of funds and
accounts made available under subsection (f)(1) for the
previous fiscal year, including a schedule of the amounts
drawn from each account used to perform resource management activities described in subsection (d).
(C) A description of total acres treated for each of
the resource management activities required under subsection (d), forest health improvements, fire risk reductions,
water yield increases, and other natural resources-related
benefits achieved by the implementation of the resource
management activities described in subsection (d).

112 STAT. 2681–309

PUBLIC LAW 105–277—OCT. 21, 1998

(D) A description of the economic benefits to local
communities achieved by the implementation of the pilot
project.
(E) A comparison of the revenues generated by, and
costs incurred in, the implementation of the resource
management activities described in subsection (d) on the
Federal lands included in the pilot project area with the
revenues and costs during each of the fiscal years 1992
through 1997 for timber management of such lands before
their inclusion in the pilot project.
(F) A proposed schedule for the resource management
activities to be undertaken in the pilot project area during
the 1-year period beginning on the date of submittal of
the report.
(G) A description of any adverse environmental impacts
from the pilot project.
(2) LIMITATION ON EXPENDITURES.—The amount of Federal
funds expended on each annual report under this subsection
shall not exceed $125,000.
(k) FINAL REPORT.—
(1) IN GENERAL.—The Secretary shall establish an
independent scientific panel to review and report on whether,
and to what extent, implementation of the pilot project under
this section achieved the goals stated in the Quincy Library
Group-Community Stability Proposal, including improved
ecological health and community stability. The membership
of the panel shall reflect expertise in diverse disciplines in
order to adequately address all of those goals.
(2) PREPARATION.—The panel shall initiate such review
no sooner than 18 months after the first day of the term
of the pilot project under subsection (g). The panel shall prepare
the report in consultation with interested members of the public, including the Quincy Library Group. The report shall
include, but not be limited to, the following:
(A) A description of any adverse environmental impacts
resulting from implementation of the pilot project.
(B) An assessment of watershed monitoring data on
lands treated pursuant to this section. Such assessment
shall address the following issues on a priority basis: timing
of water releases; water quality changes; and water yield
changes over the short- and long-term in the pilot project
area.
(3) SUBMISSION TO THE CONGRESS.—The panel shall submit
the final report to the Congress as soon as practicable, but
in no case later than 18 months after completion of the pilot
project.
(4) LIMITATION ON EXPENDITURES.—The amount of Federal
funds expended for the report under this subsection, other
than for watershed monitoring, shall not exceed $350,000. The
amount of Federal funds expended for watershed monitoring
under this subsection shall not exceed $175,000 for each fiscal
year in which the report is prepared.
(l) RELATIONSHIP TO OTHER LAWS.—Nothing in this section
exempts the pilot project from any Federal environmental law.
(m) LOANS FOR DEMONSTRATION PROJECTS FOR WOOD WASTE
OR LOW-QUALITY WOOD BYPRODUCTS.—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–310

(1) EVALUATION OF LOAN ADVISABILITY.—The Alternative
Agricultural Research and Commercialization Corporation
established under section 1658 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5902) (in this section
referred to as the ‘‘Corporation’’) shall evaluate the advisability
of making commercialization assistance loans under section
1661 of such Act (7 U.S.C. 5905) to support a minimum of
2 demonstration projects for the development and demonstration of commercial application of technology to convert wood
waste or low-quality wood byproducts into usable, higher value
products.
(2) LOCATION OF DEMONSTRATION PROJECTS.—If the Corporation determines to make loans under this subsection to
support the development and demonstration of commercial application of technology to convert wood waste or low-quality
wood byproducts into usable, higher value products, the Corporation shall consider making one loan with regard to a demonstration project to be conducted in the pilot project area
and one loan with regard to a demonstration project to be
conducted in southeast Alaska.
(3) ELIGIBILITY REQUIREMENTS.—To be eligible for a loan
under this subsection, a demonstration project shall be required
to satisfy the eligibility requirements imposed by the Corporation under section 1661 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5905).
SEC. 402. SHORT TITLE. Section 401 of this title may be cited
as the ‘‘Herger-Feinstein Quincy Library Group Forest Recovery
Act’’.
TITLE V—LAND BETWEEN THE LAKES PROTECTION ACT
SEC. 501. SHORT TITLE.

This title may be referred to as ‘‘The Land Between the Lakes
Protection Act of 1998’’.
SEC. 502. DEFINITIONS.

In this title:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Environmental Protection Agency.
(2) ADVISORY BOARD.—The term ‘‘Advisory Board’’ means
the Land Between the Lakes Advisory Board established under
section 522.
(3) CHAIRMAN.—The term ‘‘Chairman’’ means the Chairman
of the Board of Directors of the Tennessee Valley Authority.
(4) ELIGIBLE EMPLOYEE.—The term ‘‘eligible employee’’
means a person that was, on the date of transfer pursuant
to section 541, a full-time or part-time annual employee of
the Tennessee Valley Authority at the Recreation Area.
(5) ENVIRONMENTAL LAW.—
(A) IN GENERAL.—The term ‘‘environmental law’’ means
all applicable Federal, State, and local laws (including regulations) and requirements related to protection of human
health, natural and cultural resources, or the environment.
(B) INCLUSIONS.—The term ‘‘environmental law’’
includes—

The Land
Between the
Lakes Protection
Act of 1998.
16 USC 460lll
note.
16 USC 460lll
note.

112 STAT. 2681–311

PUBLIC LAW 105–277—OCT. 21, 1998

(i) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.);
(ii) the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.);
(iii) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(iv) the Clean Air Act (42 U.S.C. 7401 et seq.);
(v) the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(vi) the Toxic Substances Control Act (15 U.S.C.
2601 et seq.);
(vii) the Safe Drinking Water Act (42 U.S.C. 300f
et seq.);
(viii) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(ix) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(6) FOREST HIGHWAY.—The term ‘‘forest highway’’ has the
meaning given the term in section 101(a) of title 23, United
States Code.
(7) GOVERNMENTAL UNIT.—The term ‘‘governmental unit’’
means an agency of the Federal Government or a State or
local government, local governmental unit, public or municipal
corporation, or unit of a State university system.
(8) HAZARDOUS SUBSTANCE.—The term ‘‘hazardous substance’’ has the meaning given the term in section 101 of
the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601).
(9) PERSON.—The term ‘‘person’’ has the meaning given
the term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(10) POLLUTANT OR CONTAMINANT.—The term ‘‘pollutant
or contaminant’’ has the meaning given the term in section
101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(11) RECREATION AREA.—The term ‘‘Recreation Area’’ means
the Land Between the Lakes National Recreation Area.
(12) RELEASE.—The term ‘‘release’’ has the meaning given
the term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(13) RESPONSE ACTION.—The term ‘‘response action’’ has
the meaning given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601).
(14) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture.
(15) STATE.—The term ‘‘State’’ means the State of Kentucky
and the State of Tennessee.
16 USC 460lll–1.

SEC. 503. PURPOSES.

The purposes of this title are—
(1) to transfer without consideration administrative jurisdiction over the Recreation Area from the Tennessee Valley

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–312

Authority to the Secretary so that the Recreation Area may
be managed as a unit of the National Forest System;
(2) to protect and manage the resources of the Recreation
Area for optimum yield of outdoor recreation and environmental
education through multiple use management by the Forest
Service;
(3) to authorize, research, test, and demonstrate innovative
programs and cost-effective management of the Recreation
Area;
(4) to authorize the Secretary to cooperate between and
among the States, Federal agencies, private organizations, and
corporations, and individuals, as appropriate, in the management of the Recreation Area and to help stimulate the development of the surrounding region and extend the beneficial results
as widely as practicable; and
(5) to provide for the smooth and equitable transfer of
jurisdiction from the Tennessee Valley Authority to the Secretary.
Subtitle A—Establishment, Administration, and Jurisdiction
SEC. 511. ESTABLISHMENT.

(a) IN GENERAL.—On the transfer of administrative jurisdiction
under section 541, the Land Between the Lakes National Recreation
Area in the States of Kentucky and Tennessee is established as
a unit of the National Forest System.
(b) MANAGEMENT.—
(1) IN GENERAL.—The Secretary shall manage the Recreation Area for multiple use as a unit of the National Forest
System.
(2) EMPHASES.—The emphases in the management of the
Recreation Area shall be—
(A) to provide public recreational opportunities;
(B) to conserve fish and wildlife and their habitat;
and
(C) to provide for diversity of native and desirable
non-native plants, animals, opportunities for hunting and
fishing, and environmental education.
(3) STATUS OF UNIT.—The Secretary may administer the
Recreation Area as a separate unit of the National Forest
System or in conjunction with an existing national forest.
(c) AREA INCLUDED.—
(1) IN GENERAL.—The Recreation Area shall comprise the
federally owned land, water, and interests in the land and
water lying between Kentucky Lake and Lake Barkley in the
States of Kentucky and Tennessee, as generally depicted on
the map entitled ‘‘Land Between the Lakes National Recreation
Area—January, 1998’’.
(2) MAP.—The map described in paragraph (1) shall be
available for public inspection in the Office of the Chief of
the Forest Service, Washington, D.C.
(d) WATERS.—
(1) WATER LEVELS AND NAVIGATION.—Nothing in this title
affects the jurisdiction of the Tennessee Valley Authority or
the Army Corps of Engineers to manage and regulate water
levels and navigation of Kentucky Lake and Lake Barkley
and areas subject to flood easements.

16 USC 460lll–
11.

112 STAT. 2681–313

PUBLIC LAW 105–277—OCT. 21, 1998

(2) OCCUPANCY AND USE.—Subject to the jurisdiction of
the Tennessee Valley Authority and the Army Corps of Engineers, the Secretary shall have jurisdiction to regulate the
occupancy and use of the surface waters of the lakes for recreational purposes.
16 USC 460lll–
12.

16 USC 460lll–
13.

16 USC 460lll–
14.

SEC. 512.CIVIL AND CRIMINAL JURISDICTION.

(a) ADMINISTRATION.—The Secretary, acting through the Chief
of the Forest Service, shall administer the Recreation Area in
accordance with this title and the laws, rules, and regulations
pertaining to the National Forest System.
(b) STATUS.—Land within the Recreation Area shall have the
status of land acquired under the Act of March 1, 1911 (commonly
known as the ‘‘Weeks Act’’) (16 U.S.C. 515 et seq.).
(c) LAW ENFORCEMENT.—In order to provide for a cost-effective
transfer of the law enforcement responsibilities between the Forest
Service and the Tennessee Valley Authority, the law enforcement
authorities designated under section 4A of the Tennessee Valley
Authority Act 1933 (16 U.S.C. 831c–3) are hereby granted to special
agents and law enforcement officers of the Forest Service. The
law enforcement authorities designated under the eleventh undesignated paragraph under the heading ‘‘Surveying the public lands’’
of the Act of June 4, 1897 (30 Stat. 35; 16 U.S.C. 551), the first
paragraph of that portion designated ‘‘General Expenses, Forest
Service’’ of the Act of March 3, 1905 (33 U.S.C. 873; 16 U.S.C.
559), the National Forest System Drug Control Act of 1986 (16
U.S.C. 559b–559g) are hereby granted to law enforcement agents
of the Tennessee Valley Authority, within the boundaries of the
Recreation Area, for a period of 1 year from the date on which
this section takes effect.
SEC. 513. PAYMENTS TO STATES AND COUNTIES.

(a) PAYMENTS IN LIEU OF TAXES.—Land within the Recreation
Area shall be subject to the provisions for payments in lieu of
taxes under chapter 69 of title 31, United States Code.
(b) DISTRIBUTION.—All amounts received from charges, use fees,
and natural resource utilization, including timber and agricultural
receipts, shall not be subject to distribution to States under the
Act of May 23, 1908 (16 U.S.C. 500).
(c) PAYMENTS BY THE TENNESSEE VALLEY AUTHORITY.—After
the transfer of administrative jurisdiction is made under section
541—
(1) the Tennessee Valley Authority shall continue to calculate the amount of payments to be made to States and
counties under section 13 of the Tennessee Valley Authority
Act of 1933 (16 U.S.C. 831l); and
(2) each State (including, for the purposes of this subsection, the State of Kentucky, the State of Tennessee, and
any other State) that receives a payment under that section
shall continue to calculate the amounts to be distributed to
the State and local governments, as though the transfer had
not been made.
SEC. 514. FOREST HIGHWAYS.

(a) IN GENERAL.—For purposes of section 204 of title 23, United
States Code, the road known as ‘‘The Trace’’ and every other paved
road within the Recreation Area (including any road constructed
to secondary standards) shall be considered to be a forest highway.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–314

(b) STATE RESPONSIBILITY.—
(1) IN GENERAL.—The States shall be responsible for the
maintenance of forest highways within the Recreation Area.
(2) REIMBURSEMENT.—To the maximum extent provided
by law, from funds appropriated to the Department of Transportation and available for purposes of highway construction and
maintenance, the Secretary of Transportation shall reimburse
the States for all or a portion of the costs of maintenance
of forest highways in the Recreation Area.
Subtitle B—Management Provisions
SEC. 521. LAND AND RESOURCE MANAGEMENT PLAN.

(a) IN GENERAL.—As soon as practicable after the effective
date of the transfer of jurisdiction under section 541, the Secretary
shall prepare a land and resource management plan for the Recreation Area in conformity with the National Forest Management
Act of 1976 (16 U.S.C. 472a et seq.) and other applicable law.
(b) INTERIM PROVISION.—Until adoption of the land and
resource management plan, the Secretary may use, as appropriate,
the existing Tennessee Valley Authority Natural Resource Management Plan to provide interim management direction. Use of all
or a portion of the management plan by the Secretary shall not
be considered to be a major Federal action significantly affecting
the quality of the human environment.
SEC. 522. ADVISORY BOARD.

(a) ESTABLISHMENT.—Not later than 90 days after the date
of transfer pursuant to section 541, the Secretary shall establish
the Land Between the Lakes Advisory Board.
(b) MEMBERSHIP.—The Advisory Board shall be composed of
17 members, of whom—
(1) 4 individuals shall be appointed by the Secretary,
including—
(A) 2 residents of the State of Kentucky; and
(B) 2 residents of the State of Tennessee;
(2) 2 individuals shall be appointed by the Kentucky Fish
and Wildlife Commissioner or designee;
(3) 1 individual shall be appointed by the Tennessee Fish
and Wildlife Commission or designee;
(4) 2 individuals shall be appointed by the Governor of
the State of Tennessee;
(5) 2 individuals shall be appointed by the Governor of
the State of Kentucky; and
(6) 2 individuals shall be appointed by appropriate officials
of each of the 3 counties containing the Recreation Area.
(c) TERM.—
(1) IN GENERAL.—The term of a member of the Advisory
Board shall be 5 years.
(2) SUCCESSION.—Members of the Advisory Board may not
succeed themselves.
(d) CHAIRPERSON.—The Regional Forester shall serve as chairperson of the Advisory Board.
(e) RULES OF PROCEDURE.—The Secretary shall prescribe the
rules of procedure for the Advisory Board.
(f) FUNCTIONS.—The Advisory Board may advise the Secretary
on—

16 USC 460lll–
21.

16 USC 460lll–
22.

112 STAT. 2681–315

PUBLIC LAW 105–277—OCT. 21, 1998

(1) means of promoting public participation for the land
and resource management plan for the Recreation Area; and
(2) environmental education.
(g) MEETINGS.—
(1) FREQUENCY.—The Advisory Board shall meet at least
biannually.
(2) PUBLIC MEETING.—A meeting of the Advisory Board
shall be open to the general public.
(3) NOTICE OF MEETINGS.—The chairperson, through the
placement of notices in local news media and by other appropriate means shall give 2 weeks’ public notice of each meeting
of the Advisory Board.
(h) NO TERMINATION.—Section 14(a)(2) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory
Board.
16 USC 460lll–
23.

16 USC 460lll–
24.

16 USC 460lll–
25.

SEC. 523. FEES.

(a) AUTHORITY.—The Secretary may charge reasonable fees for
admission to and the use of the designated sites, or for activities,
within the Recreation Area.
(b) FACTORS.—In determining whether to charge fees, the Secretary may consider the costs of collection weighed against potential
income.
(c) LIMITATION.—No general entrance fees shall be charged
within the Recreation Area.
SEC. 524. DISPOSITION OF RECEIPTS.

(a) IN GENERAL.—All amounts received from charges, use fees,
and natural resource utilization, including timber and agricultural
receipts, shall be deposited in a special fund in the Treasury of
the United States to be known as the ‘‘Land Between the Lakes
Management Fund’’.
(b) USE.—Amounts in the Fund shall be available to the Secretary until expended, without further Act of appropriation, for
the management of the Recreation Area, including payment of
salaries and expenses.
SEC. 525. SPECIAL USE AUTHORIZATIONS.

(a) IN GENERAL.—In addition to other authorities for the
authorization of special uses within the National Forest System,
within the Recreation Area, the Secretary may, on such terms
and conditions as the Secretary may prescribe—
(1) convey for no consideration perpetual easements to
governmental units for public roads over United States Route
68 and the Trace, and such other rights-of-way as the Secretary
and a governmental unit may agree;
(2) transfer or lease to governmental units developed recreation sites or other facilities to be managed for public purposes;
and
(3) lease or authorize recreational sites or other facilities,
consistent with sections 503(2) and 511(b)(2).
(b) CONSIDERATION.—
(1) IN GENERAL.—Consideration for a lease or other special
use authorization within the Recreation Area shall be based
on fair market value.
(2) REDUCTION OR WAIVER.—The Secretary may reduce or
waive a fee to a governmental unit or nonprofit organization

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–316

commensurate with other consideration provided to the United
States, as determined by the Secretary.
(c) PROCEDURE.—The Secretary may use any fair and equitable
method for authorizing special uses within the Recreation Area,
including public solicitation of proposals.
(d) EXISTING AUTHORIZATIONS.—
(1) IN GENERAL.—A permit or other authorization granted
by the Tennessee Valley Authority that is in effect on the
date of transfer pursuant to section 541 may continue on transfer of administration of the Recreation Area to the Secretary.
(2) REISSUANCE.—A permit or authorization described in
paragraph (1) may be reissued or terminated under terms and
conditions prescribed by the Secretary.
(3) EXERCISE OF RIGHTS.—The Secretary may exercise any
of the rights of the Tennessee Valley Authority contained in
any permit or other authorization, including any right to
amend, modify, and revoke the permit or authorization.
SEC. 526. COOPERATIVE AUTHORITIES AND GIFTS.

(a) FISH AND WILDLIFE SERVICE.—
(1) MANAGEMENT.—
(A) IN GENERAL.—Subject to such terms and conditions
as the Secretary may prescribe, the Secretary may issue
a special use authorization to the United States Fish and
Wildlife Service for the management by the Service of
facilities and land agreed on by the Secretary and the
Secretary of the Interior.
(B) FEES.—
(i) IN GENERAL.—Reasonable admission and use
fees may be charged for all areas administered by
the United States Fish and Wildlife Service.
(ii) DEPOSIT.—The fees shall be deposited in
accordance with section 524.
(2) COOPERATION.—The Secretary and the Secretary of the
Interior may cooperate or act jointly on activities such as population monitoring and inventory of fish and wildlife with emphasis on migratory birds and endangered and threatened species,
environmental education, visitor services, conservation demonstration projects and scientific research.
(3) SUBORDINATION OF FISH AND WILDLIFE ACTIVITIES TO
OVERALL MANAGEMENT.—The management and use of areas
and facilities under permit to the United States Fish and Wildlife Service as authorized pursuant to this section shall be
subordinate to the overall management of the Recreation Area
as directed by the Secretary.
(b) AUTHORITIES.—For the management, maintenance, operation, and interpretation of the Recreation Area and its facilities,
the Secretary may—
(1) make grants and enter into contracts and cooperative
agreements with Federal agencies, governmental units, nonprofit organizations, corporations, and individuals; and
(2) accept gifts under Public Law 95–442 (7 U.S.C. 2269)
notwithstanding that the donor conducts business with any
agency of the Department of Agriculture or is regulated by
the Secretary of Agriculture.

16 USC 460lll–
26.

112 STAT. 2681–317

PUBLIC LAW 105–277—OCT. 21, 1998

16 USC 460lll–
27.

SEC. 527. DESIGNATION OF NATIONAL RECREATION TRAIL.

16 USC 460lll–
28.

SEC. 528. CEMETERIES.

16 USC 460lll–
29.

SEC. 529. RESOURCE MANAGEMENT.

16 USC 460lll–
30.

SEC. 530. HEMATITE DAM.

16 USC 460lll–
31.

SEC. 531. TRUST FUND.

Effective on the date of transfer pursuant to section 541, the
North-South Trail is designated as a national recreation trail under
section 4 of the National Trails System Act (16 U.S.C. 1243).
The Secretary shall maintain an inventory of and ensure access
to cemeteries within the Recreation Area for purposes of burial,
visitation, and maintenance.
(a) MINERALS.—
(1) WITHDRAWAL.—The land within the Recreation Area
is withdrawn from the operation of the mining and mineral
leasing laws of the United States.
(2) USE OF MINERAL MATERIALS.—The Secretary may permit
the use of common varieties of mineral materials for the
development and maintenance of the Recreation Area.
(b) HUNTING AND FISHING.—
(1) IN GENERAL.—The Secretary shall permit hunting and
fishing on land and water under the jurisdiction of the Secretary
within the boundaries of the Recreation Area in accordance
with applicable laws of the United States and of each State,
respectively.
(2) PROHIBITION.—
(A) IN GENERAL.—The Secretary may designate areas
where, and establish periods when, hunting or fishing is
prohibited for reasons of public safety, administration, or
public use and enjoyment.
(B) CONSULTATION.—Except in emergencies, a prohibition under subparagraph (A) shall become effective only
after consultation with the appropriate fish and game
departments of the States.
(3) FISH AND WILDLIFE.—Nothing in this title affects the
jurisdiction or responsibilities of the States with respect to
wildlife and fish on national forests.
Within one year from the date of transfer pursuant to section
541, the Tennessee Valley Authority shall cause any breach in
the Hematite Dam to be repaired, or if such repairs have previously
been made, the Tennessee Valley Authority shall certify in a letter
to the Secretary the sound condition of the dam. Future repair
costs and maintenance of the Hematite Dam shall be the responsibility of the Secretary.
(a) ESTABLISHMENT.—There is established in the Treasury of
the United States a special interest-bearing fund known as the
‘‘Land Between the Lakes Trust Fund’’.
(b) AVAILABILITY.—Amounts in the Fund shall be available
to the Secretary, until expended, for—
(1) public education, grants, and internships related to
recreation, conservation, and multiple use land management
in the Recreation Area; and
(2) regional promotion in the Recreation Area, in cooperation with development districts, chambers of commerce, and
State and local governments.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–318

(c) DEPOSITS.—The Tennessee Valley Authority shall deposit
into the Fund $1,000,000 annually for each of the 5 fiscal years
commencing in the first fiscal year of the transfer. Funding to
carry out this section shall be derived from funding described in
section 549.
Subtitle C—Transfer Provisions
SEC. 541. EFFECTIVE DATE OF TRANSFER.

Effective on October 1 of the first fiscal year for which Congress
does not appropriate to the Tennessee Valley Authority at least
$6,000,000 for the Recreation Area, or, if this Act is enacted during
a fiscal year for which Congress has not made such an appropriation, effective as of the date of enactment of this Act, administrative
jurisdiction over the Recreation Area is transferred from the Tennessee Valley Authority to the Secretary.
SEC. 542. STATEMENT OF POLICY.

It is the policy of the United States that, to the maximum
extent practicable—
(1) the transfer of jurisdiction over the Recreation Area
from the Tennessee Valley Authority to the Secretary should
be effected in an efficient and cost-effective manner; and
(2) due consideration should be given to minimizing—
(A) disruption of the personal lives of the Tennessee
Valley Authority and Forest Service employees; and
(B) adverse impacts on permittees, contractees, and
others owning or operating businesses affected by the transfer.
SEC. 543. MEMORANDUM OF AGREEMENT.

(a) IN GENERAL.—Not later than 30 days after the date of
transfer pursuant to section 541, the Secretary and the Tennessee
Valley Authority shall enter into a memorandum of agreement
concerning implementation of this title.
(b) PROVISIONS.—The memorandum of understanding shall provide procedures for—
(1) the orderly withdrawal of officers and employees of
the Tennessee Valley Authority;
(2) the transfer of property, fixtures, and facilities;
(3) the interagency transfer of officers and employees;
(4) the transfer of records; and
(5) other transfer issues.
(c) TRANSITION TEAM.—
(1) IN GENERAL.—The memorandum of understanding may
provide for a transition team consisting of the Tennessee Valley
Authority and Forest Service employees.
(2) DURATION.—The team may continue in existence after
the date of transfer.
(3) PERSONNEL COSTS.—The Tennessee Valley Authority
and the Forest Service shall pay personnel costs of their respective team members.
SEC. 544. RECORDS.

(a) RECREATION AREA RECORDS.—The Secretary shall have
access to all records of the Tennessee Valley Authority pertaining
to the management of the Recreation Area.

16 USC 460lll–
41.

16 USC 460lll–
42.

16 USC 460lll–
43.

16 USC 460lll–
44.

112 STAT. 2681–319

PUBLIC LAW 105–277—OCT. 21, 1998

(b) PERSONNEL RECORDS.—The Tennessee Valley Authority
personnel records shall be made available to the Secretary, on
request, to the extent the records are relevant to Forest Service
administration.
(c) CONFIDENTIALITY.—The Tennessee Valley Authority may
prescribe terms and conditions on the availability of records to
protect the confidentiality of private or proprietary information.
(d) LAND TITLE RECORDS.—The Tennessee Valley Authority
shall provide to the Secretary original records pertaining to land
titles, surveys, and other records pertaining to transferred personal
property and facilities.
16 USC 460lll–
45.

SEC. 545. TRANSFER OF PERSONAL PROPERTY.

(a) SUBJECT PROPERTY.—
(1) INVENTORY.—Not later than 60 days after the date
of transfer pursuant to section 541, the Tennessee Valley
Authority shall provide the Secretary with an inventory of
all property and facilities at the Recreation Area.
(2) AVAILABILITY FOR TRANSFER.—
(A) IN GENERAL.—All Tennessee Valley Authority property associated with the administration of the Recreation
Area, including any property purchased with Federal funds
appropriated for the management of the Tennessee Valley
Authority land, shall be available for transfer to the Secretary.
(B) PROPERTY INCLUDED.—Property under subparagraph (A) includes buildings, office furniture and supplies,
computers, office equipment, buildings, vehicles, tools,
equipment, maintenance supplies, boats, engines, and
publications.
(3) EXCLUSION OF PROPERTY.—At the request of the authorized representative of the Tennessee Valley Authority, the Secretary may exclude movable property from transfer based on
a showing by the Tennessee Valley Authority that the property
is vital to the mission of the Tennessee Valley Authority and
cannot be replaced in a cost-effective manner, if the Secretary
determines that the property is not needed for management
of the Recreation Area.
(b) DESIGNATION.—Pursuant to such procedures as may be prescribed in the memorandum of agreement entered into under section
543, the Secretary shall identify and designate, in writing, all
Tennessee Valley Authority property to be transferred to the Secretary.
(c) FACILITATION OF TRANSFER.—The Tennessee Valley Authority shall, to the maximum extent practicable, use current personnel
to facilitate the transfer of necessary property and facilities to
the Secretary, including replacement of signs and insignia, repainting of vehicles, printing of public information, and training of new
personnel. Funding for these costs shall be derived from funding
described in section 549.
(d) SURPLUS PROPERTY.—
(1) DISPOSITION.—Any personal property, including structures and facilities, that the Secretary determines cannot be
efficiently managed and maintained either by the Forest Service
or by lease or permit to other persons may be declared excess
by the Secretary and—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–320

(A) sold by the Secretary on such terms and conditions
as the Secretary may prescribe to achieve the maximum
benefit to the Federal Government; or
(B) disposed of under the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
(2) DEPOSIT OF PROCEEDS.—All net proceeds from the disposal of any property shall be deposited into the Fund established by section 531.
SEC. 546. COMPLIANCE WITH ENVIRONMENTAL LAWS.

(a) DOCUMENTATION OF EXISTING CONDITIONS.—
(1) IN GENERAL.—Not later than 60 days after the date
of transfer pursuant to section 541, the Chairman and the
Administrator shall provide the Secretary all documentation
and information that exists on the environmental condition
of the land and waters comprising the Recreation Area property.
(2) ADDITIONAL DOCUMENTATION.—The Chairman and the
Administrator shall provide the Secretary with any additional
documentation and information regarding the environmental
condition of the Recreation Area property as such documentation and information becomes available.
(b) ACTION REQUIRED.—
(1) ASSESSMENT.—Not later than 120 days after the date
of transfer pursuant to section 541, the Chairman shall provide
to the Secretary an assessment indicating what action, if any,
is required under any environmental law on Recreation Area
property.
(2) MEMORANDUM OF UNDERSTANDING.—If the assessment
concludes action is required under any environmental law with
respect to any portion of the Recreation Area property, the
Secretary and the Chairman shall enter into a memorandum
of understanding that—
(A) provides for the performance by the Chairman of
the required actions identified in the assessment; and
(B) includes a schedule providing for the prompt
completion of the required actions to the satisfaction of
the Secretary.
(c) DOCUMENTATION DEMONSTRATING ACTION.—On the transfer
of jurisdiction over the Recreation Area from the Tennessee Valley
Authority to the Secretary, the Chairman shall provide the Secretary with documentation demonstrating that all actions required
under any environmental law have been taken, including all response actions under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.)
that are necessary to protect human health and the environment
with respect to any hazardous substance, pollutant, contaminant,
hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product on Recreation Area property.
(d) CONTINUATION OF RESPONSIBILITIES AND LIABILITIES.—
(1) IN GENERAL.—The transfer of the Recreation Area property under this title, and the requirements of this section,
shall not in any way affect the responsibilities and liabilities
of the Tennessee Valley Authority at the Recreation Area under
the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any
other environmental law.

16 USC 460lll–
46.

112 STAT. 2681–321

PUBLIC LAW 105–277—OCT. 21, 1998

(2) ACCESS.—After transfer of the Recreation Area property,
the Chairman shall be accorded any access to the property
that may be reasonably required to carry out the responsibility
or satisfy the liability referred to in paragraph (1).
(3) NO LIABILITY.—The Secretary shall not be liable under
any environmental law for matters that are related directly
or indirectly to present or past activities of the Tennessee
Valley Authority on the Recreation Area property, including
liability for—
(A) costs or performance of response actions required
under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) at or related to the Recreation Area; or
(B) costs, penalties, fines, or performance of actions
related to noncompliance with any environmental law at
or related to the Recreation Area or related to the presence,
release, or threat of release of any hazardous substance,
pollutant, or contaminant, hazardous waste, hazardous
material, or petroleum product or derivative of a petroleum
product of any kind at or related to the Recreation Area,
including contamination resulting from migration.
(4) NO EFFECT ON RESPONSIBILITIES OR LIABILITIES.—Except
as provided in paragraph (3), nothing in this title affects, modifies, amends, repeals, alters, limits or otherwise changes,
directly or indirectly, the responsibilities or liabilities under
any environmental law with respect to the Secretary.
(e) OTHER FEDERAL AGENCIES.—Subject to the other provisions
of this section, a Federal agency that carried or carries out operations at the Recreation Area resulting in the release or threatened
release of a hazardous substance, pollutant, or contaminant, hazardous waste, hazardous material, or petroleum product or derivative
of a petroleum product for which that agency would be liable under
any environmental law shall pay the costs of related response
actions and shall pay the costs of related actions to remediate
petroleum products or their derivatives.
16 USC 460lll–
47.

SEC. 547. PERSONNEL.

(a) IN GENERAL.—
(1) HIRING.—Notwithstanding section 3503 of title 5,
United States Code, and subject to paragraph (2), the Secretary
may—
(A) appoint, hire, and discharge officers and employees
to administer the Recreation Area; and
(B) pay the officers and employees at levels that are
commensurate with levels at other units of the National
Forest System.
(2) INTERIM RETENTION OF ELIGIBLE EMPLOYEES.—
(A) IN GENERAL.—For a period of not less than 5
months after the effective date of transfer to the Forest
Service—
(i) all eligible employees shall be retained in the
employment of the Tennessee Valley Authority;
(ii) those eligible employees shall be considered
to be placed on detail to the Secretary and shall be
subject to the direction of the Secretary; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–322

(iii) the Secretary shall reimburse the Tennessee
Valley Authority for the amount of the basic pay and
all other compensation of those eligible employees.
(B) NOTICE TO EMPLOYEES.—The Secretary shall provide eligible employees a written notice of not less than
60 days before termination.
(C) TERMINATION FOR CAUSE.—Subparagraph (A) does
not preclude a termination for cause during the period
described in subparagraph (A).
(b) APPLICATIONS FOR TRANSFER AND APPOINTMENT.—An
eligible employee shall have the right to apply for employment
by the Secretary under procedures for transfer and appointment
of Federal employees outside the Department of Agriculture.
(c) HIRING BY THE SECRETARY.—
(1) IN GENERAL.—Subject to subsection (b), in filling personnel positions within the Recreation Area, the Secretary shall
follow all laws (including regulations) and policies applicable
to the Department of Agriculture.
(2) NOTIFICATION AND HIRING.—Notwithstanding paragraph
(1), the Secretary—
(A) shall notify all eligible employees of all openings
for positions with the Forest Service at the Recreation
Area before notifying other individuals or considering
applications by other individuals for the positions; and
(B) after applications by eligible employees have
received consideration, if any positions remain unfilled,
shall notify other individuals of the openings.
(3) NONCOMPETITIVE APPOINTMENTS.—Notwithstanding any
other placement of career transition programs authorized by
the Office of Personnel Management of the United States
Department of Agriculture, the Secretary may noncompetitively
appoint eligible employees to positions in the Recreation Area.
(4) PERIOD OF SERVICE.—Except to the extent that an
eligible employee that is appointed by the Secretary may be
otherwise compensated for the period of service as an employee
of the Tennessee Valley Authority, that period of service shall
be treated as a period of service as an employee of the Secretary
for the purposes of probation, career tenure, time-in-grade,
and leave.
(d) TRANSFER TO POSITIONS IN OTHER UNITS OF THE TENNESSEE
VALLEY AUTHORITY.—The Tennessee Valley Authority—
(1) shall notify all eligible employees of all openings for
positions in other units of the Tennessee Valley Authority before
notifying other individuals or considering applications by other
individuals for the positions; and
(2) after applications by eligible employees have received
consideration, if any positions remain unfilled, shall notify other
individuals of the openings.
(e) EMPLOYEE BENEFIT TRANSITION.—
(1) MEMORANDUM OF UNDERSTANDING.—
(A) IN GENERAL.—The Secretary and the heads of the
Office of Personnel Management, the Tennessee Valley
Authority and the Tennessee Valley Authority Retirement
System shall enter into a memorandum of understanding
providing for the transition for all eligible employees of
compensation made available through the Tennessee Valley
Authority Retirement System.

112 STAT. 2681–323

PUBLIC LAW 105–277—OCT. 21, 1998

(B) EMPLOYEE PARTICIPATION.—In deciding on the
terms of the memorandum of understanding, the Secretary
and the heads of the Office of Personnel Management,
the Tennessee Valley Authority and the Tennessee Valley
Authority Retirement System shall meet and consult with
and give full consideration to the views of employees and
representatives of the employees of the Tennessee Valley
Authority.
(2) ELIGIBLE EMPLOYEES THAT ARE TRANSFERRED TO OTHER
UNITS OF TVA.—An eligible employee that is transferred to
another unit of the Tennessee Valley Authority shall experience
no interruption in coverage for or reduction of any retirement,
health, leave, or other employee benefit.
(3) ELIGIBLE EMPLOYEES THAT ARE HIRED BY THE SECRETARY.—
(A) LEVEL OF BENEFITS.—The Secretary shall provide
to an eligible employee that is hired by the Forest Service
a level of retirement and health benefits that is equivalent
to the level to which the eligible employee would have
been entitled if the eligible employee had remained an
employee of the Tennessee Valley Authority.
(B) TRANSFER OF RETIREMENT BENEFITS.—
(i) IN GENERAL.—Eligible employees hired by the
Forest Service shall become members of the Civil Service Retirement System (CSRS) Offset Plan and shall
have the option to transfer into the Federal Employees
Retirement System (FERS) within six months of their
date of transfer. Such employees shall have the option
at any time to receive credit in CSRS Offset or FERS
for all of their TVA service in accordance with
applicable procedures. Any deposits necessary to
receive credit for such service shall be considered transfers to a qualified plan for purposes of favorable tax
treatment of such amount under the Internal Revenue
Code.
(ii) FUNDING SHORTFALL.—
(I) IN GENERAL.—For all eligible employees
that are not part of the Civil Service Retirement
System, the Tennessee Valley Authority shall meet
any funding shortfall resulting from the transfer
of retirement benefits.
(II) NOTIFICATION.—The Secretary shall notify
the Tennessee Valley Authority Board of the cost
associated with the transfer of retirement benefits.
(III) PAYMENT.—The Tennessee Valley Authority shall fully compensate the Secretary for the
costs associated with the transfer of retirement
benefits.
(IV) NO INTERRUPTION.—An eligible employee
that is hired by the Forest Service and is eligible
for Civil Service Retirement shall not experience
any interruption in retirement benefits.
(C) NO INTERRUPTION.—An eligible employee that is
hired by the Secretary—
(i) shall experience no interruption in coverage
for any health, leave, or other employee benefit; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–324

(ii) shall be entitled to carry over any leave time
accumulated during employment by the Tennessee Valley Authority.
(D) PERIOD OF SERVICE.—Notwithstanding section
8411(b)(3) of title 5, United States Code, except to the
extent that an eligible employee may be otherwise compensated (including the provision of retirement benefits
in accordance with the memorandum of understanding)
for the period of service as an employee of the Tennessee
Valley Authority, that period of service shall be treated
as a period of service as an employee of the U.S. Department of Agriculture for all purposes relating to the Federal
employment of the eligible employee.
(4) ELIGIBLE EMPLOYEES THAT ARE DISCHARGED NOT FOR
CAUSE.—
(A) LEVEL OF BENEFITS.—The parties to the memorandum of understanding shall have authority to deem any
applicable requirement to be met, to make payments to
an employee, or take any other action necessary to provide
to an eligible employee that is discharged as being excess
to the needs of the Tennessee Valley Authority or the
Secretary and not for cause and that does not accept an
offer of employment from the Secretary, an optimum level
of retirement and health benefits that is equivalent to
the level that has been afforded employees discharged in
previous reductions in force by the Tennessee Valley Authority.
(B) MINIMUM BENEFITS.—An eligible employee that is
discharged as being excess to the needs of the Tennessee
Valley Authority or the Secretary and not for cause shall,
at a minimum be entitled to—
(i) at the option of the eligible employee—
(I) a lump-sum equal to $1,000, multiplied
by the number of years of service of the eligible
employee (but not less that $15,000 nor more than
$25,000);
(II) a lump-sum payment equal to the amount
of pay earned by the eligible employee for the
last 26 weeks of the eligible employee’s service;
or
(III) the deemed addition of 5 years to the
age and the years of service of an eligible employee;
(ii) 15 months of health benefits for employees
and dependents at the same level provided as of the
date of transfer pursuant to section 541;
(iii) 1 week of pay per year of service as provided
by the Tennessee Valley Authority Retirement System;
(iv) a lump-sum payment of all accumulated
annual leave;
(v) unemployment compensation in accordance
with State law;
(vi) eligible pension benefits as provided by the
Tennessee Valley Authority Retirement System; and
(vii) retraining assistance provided by the Tennessee Valley Authority.
(C) SHORTFALL.—If the board of directors of the Tennessee Valley Authority Retirement System determines

112 STAT. 2681–325

PUBLIC LAW 105–277—OCT. 21, 1998
that the cost of providing the benefits described in subparagraphs (A) and (B) would have a negative impact on the
overall retirement system, the Tennessee Valley Authority
shall be required to meet any funding shortfalls.

16 USC 460lll–
48.

SEC. 548. TENNESSEE VALLEY AUTHORITY TRANSFER COSTS.

16 USC 460lll–
49.

SEC. 549. TENNESSEE VALLEY AUTHORITY TRANSFER FUNDING.

Any costs incurred by Tennessee Valley Authority associated
with the transfer under this subtitle shall be derived from funding
described in section 549.
(a) IN GENERAL.—The funding described in this section is funding derived from only 1 or more of the following sources:
(1) Nonpower fund balances and collections.
(2) Investment returns of the nonpower program.
(3) Applied programmatic savings in the power and
nonpower programs.
(4) Savings from the suspension of bonuses and awards.
(5) Savings from reductions in memberships and contributions.
(6) Increases in collections resulting from nonpower activities, including user fees.
(7) Increases in charges to private and public utilities both
investor and cooperatively owned, as well as to direct load
customers.
(b) AVAILABILITY.—Funds from the sources described in subsection (a) shall be available notwithstanding section 11, 14, 15,
or 29 or any other provision of the Tennessee Valley Authority
Act of 1933 (16 U.S.C. 831 et seq.) or any provisions of the covenants
contained in any power bonds issued by the Tennessee Valley
Authority.
(c) SUFFICIENCY OF SAVINGS.—The savings from and the revenue adjustment to the budget of the Tennessee Valley Authority
for the first fiscal year of the transfer and each fiscal year thereafter
shall be sufficient so that the net spending authority and resulting
outlays to carry out activities with funding described in subsection
(a) shall not exceed $0 for the first fiscal year of the transfer
and each fiscal year thereafter.
(d) ITEMIZED LIST OF REDUCTIONS AND INCREASED RECEIPTS.—
(1) PROPOSED CHANGES.—Not later than 30 days after the
date of transfer pursuant to section 541, the Chairman of
the Tennessee Valley Authority shall submit to the Committee
on Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate an itemized list
of the amounts of reductions in spending and increases in
receipts that are proposed to be made as a result of activities
under this subsection during the first fiscal year of the transfer.
(2) ACTUAL CHANGES.—Not later than 24 months after the
effective date of the transfer, the Chairman of the Tennessee
Valley Authority shall submit to the Committee on Appropriations of the House of Representatives and the Committee on
Appropriations of the Senate an itemized list of the amounts
of reductions in spending and increases in receipts as a result
of activities under this subsection during the first fiscal year
of the transfer.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–326

Subtitle D—Funding
SEC. 551. AUTHORIZATION OF APPROPRIATIONS.

(a) AGRICULTURE.—There are authorized to be appropriated
to the Secretary of Agriculture such sums as are necessary to—
(1) permit the Secretary to exercise administrative jurisdiction over the Recreation Area under this title; and
(2) administer the Recreation Area area as a unit of the
National Forest System.
(b) INTERIOR.—There are authorized to be appropriated to the
Secretary of the Interior such sums as are necessary to carry
out activities within the Recreation Area.

16 USC 460lll–
61.

TITLE VI
INTERSTATE 90 LAND EXCHANGE ACT
SEC. 601. SHORT TITLE.

This Act may be cited as the ‘‘Interstate 90 Land Exchange
Act of 1998’’.
SEC. 602. FINDINGS AND PURPOSE.

(a) FINDINGS.—Congress finds that—
(1) certain parcels of private land located in central and
southwest Washington are intermingled with National Forest
System land owned by the United States and administered
by the Secretary of Agriculture as parts of the Mt. BakerSnoqualmie National Forest, Wenatchee National Forest, and
Gifford Pinchot National Forest;
(2) the private land surface estate and some subsurface
is owned by the Plum Creek Timber Company, L.P. in an
intermingled checkerboard pattern, with the United States or
Plum Creek owning alternate square mile sections of land
or fractions of square mile sections;
(3) the checkerboard land ownership pattern in the area
has frustrated sound and efficient land management on both
private and National Forest lands by complicating fish and
wildlife habitat management, watershed protection, recreation
use, road construction and timber harvest, boundary administration, and protection and management of threatened and
endangered species and old growth forest habitat;
(4) acquisition by the United States of certain parcels of
land that have been offered by Plum Creek for addition to
the Mt. Baker-Snoqualmie National Forest and Wenatchee
National Forest will serve important public objectives,
including—
(A) enhancement of public access, aesthetics and recreation opportunities within or near areas of very heavy
public recreational use including—
(i) the Alpine Lakes Wilderness Area;
(ii) the Pacific Crest Trail;
(iii) Snoqualmie Pass;
(iv) Cle Elum Lake, Kachess Lake and Keechulus
Lake; and
(v) other popular recreation areas along the Interstate 90 corridor east of the Seattle-Tacoma Metropolitan Area;

Interstate 90
Land Exchange
Act of 1998.
16 USC 539k
note.

112 STAT. 2681–327

PUBLIC LAW 105–277—OCT. 21, 1998

(B) protection and enhancement of old growth forests
and habitat for threatened, endangered and sensitive species, including a net gain of approximately 28,500 acres
of habitat for the northern spotted owl;
(C) consolidation of National Forest holdings for more
efficient administration and to meet a broad array of ecosystem protection and other public land management goals,
including net public gains of approximately 283 miles of
stream ownership, 14 miles of the route of the Pacific
Crest Trail, 20,000 acres of unroaded land, and 7,360 acres
of riparian land; and
(D) a significant reduction in administrative costs to
the United States through—
(i) consolidation of Federal land holdings for more
efficient land management and planning;
(ii) elimination of approximately 300 miles of
boundary identification and posting;
(iii) reduced right-of-way, special use, and other
permit processing and issuance for roads and other
facilities on National Forest System land; and
(iv) other administrative cost savings;
(5) Plum Creek has selected certain parcels of National
Forest System land that are logical for consolidation into Plum
Creek ownership utilizing a land exchange because the
parcels—
(A) are intermingled with parcels owned by Plum
Creek; and
(B)(i) are generally located in less environmentally sensitive areas than the Plum Creek offered land; and
(ii) have lower public recreation and other public values
than the Plum Creek offered land;
(6) time is of the essence in consummating a land exchange
because delays may force Plum Creek to road or log the offered
land and thereby diminish the public values for which the
offered land is to be acquired; and
(7) it is in the public interest to complete the land exchange
at the earliest practicable date so that the offered land can
be acquired and preserved by the United States for permanent
public management, use, and enjoyment.
(b) PURPOSE.—It is the purpose of this Act to further the
public interest by authorizing, directing, facilitating, and expediting
the consummation of the Interstate 90 land exchange so as to
ensure that the offered land is expeditiously acquired for permanent
public use and enjoyment.
SEC. 603. DEFINITIONS.

In this Act:
(1) OFFERED LAND.—The term ‘‘offered land’’ means all
right, title and interest, including the surface and subsurface
interests, in land described in section 604(a) to be conveyed
into the public ownership of the United States under this
Act.
(2) PLUM CREEK.—The term ‘‘Plum Creek’’ means Plum
Creek Timber Company, L.P., a Delaware Limited Partnership,
or its successors, heirs, or assigns.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–328

(4) SELECTED LAND.—The term ‘‘selected land’’ means all
right, title and interest, including the surface and subsurface
interests, unless Plum Creek agrees otherwise, in land
described in section 604(b) to be conveyed into the private
ownership of Plum Creek under this Act.
SEC. 604. LAND EXCHANGE.

(a) CONDITION AND CONVEYANCE OF OFFERED LAND.—The
exchange directed by this Act shall be consummated if Plum Creek
conveys title acceptable to the Secretary in and to the lands
described in subsection (d), the offered lands described in paragraphs (1) and (2), or, if necessary, the lands and interests in
land as provided in subsection (c).
(1) Certain land comprising approximately 8,808 acres and
located within the exterior boundaries of the Mt. BakerSnoqualmie National Forest, Washington, as generally depicted
on a map entitled ‘‘Interstate 90 Land Exchange’’, dated October
1998; and
(2) Certain land comprising approximately 53,576 acres
and located within or adjacent to the exterior boundaries of
the Wenatchee National Forest, Washington, as generally
depicted on a map entitled ‘‘Interstate 90 Land Exchange’’,
dated October 1998.
(b) CONVEYANCE OF SELECTED LAND BY THE UNITED STATES.—
Upon receipt of acceptable title to the offered land, and lands
and interests described in subsection (d), the Secretary shall
simultaneously convey to Plum Creek all right, title and interest
of the United States, subject to valid existing rights, in and to
the following selected land:
(1) Certain land administered, as of the date of enactment
of this Act, by the Secretary of Agriculture as part of the
Mt. Baker-Snoqualmie National Forest, Washington, and
comprising approximately 5,697 acres, as generally depicted
on a map entitled ‘‘Interstate 90 Land Exchange’’, dated October
1998.
(2) Certain land administered, as of the date of enactment
of this Act, by the Secretary of Agriculture as part of the
Wenatchee National Forest, Washington, and comprising
approximately 5,197 acres, as generally depicted on a map
entitled ‘‘Interstate 90 Land Exchange’’, dated October 1998.
(3) Certain land administered, as of the date of enactment
of this Act, by the Secretary of Agriculture as part of the
Gifford Pinchot National Forest, Washington, and comprising
approximately 5,601 acres, as generally depicted on a map
entitled ‘‘Interstate 90 Land Exchange’’, dated October 1998.
(c) OFFERED LAND TITLE.—If Plum Creek conveys title acceptable to the Secretary to less than all rights and interests in the
offered lands, but conveys title acceptable to the Secretary to all
rights and interests that Plum Creek owns and acquires under
previous agreements in the lands described in subsection (d), the
offered lands, and lands on the east and west sides of Cle Elum
Lake, comprising approximately 252 acres, described as Township
21 North, Range 14 East, Section 5, and Lost Lake lands comprising
approximately 272 acres, described as Township 21 North, Range
11 East, W1⁄2 of Section 3, the Secretary shall convey to Plum
Creek all rights and interest in the selected land after the values
of the offered and selected land are equalized. The values of the

112 STAT. 2681–329

16 USC 1132
note.

PUBLIC LAW 105–277—OCT. 21, 1998

offered and selected lands shall be equalized as provided in section
605(c)–(e) without regard to the value of lands described in subsection (d) or the Cle Elum or Lost Lake lands.
(d) LAND DONATION.—Plum Creek agrees that it will convey,
in the form of a voluntary donation, title acceptable to the Secretary
in and to lands and interests in lands comprising approximately
320 acres, described as Township 22 North, Range 11 East, S1⁄2
of Section 13, if Plum Creek conveys title to lands and interests
pursuant to subsections (a) or (c). It is the intention of Congress
that any portion of such donated land which the Secretary determines qualifies as wilderness be, upon the date of its acquisition
by the United States, incorporated in and managed as part of
the adjacent Alpine Lakes Wilderness (as designated by Public
Law 94–357) in accordance with section 6(a) of the Wilderness
Act (16 U.S.C. 1135).
SEC. 605. EXCHANGE VALUATION, APPRAISALS AND EQUALIZATION.

(a) EQUAL VALUE EXCHANGE.—
(1) IN GENERAL.—The values of the offered and selected
land—
(A) shall be equal; or
(B) if the values are not equal, shall be equalized
as set forth in subsections (c)–(e).
(2) APPRAISAL ASSUMPTION.—In order to ensure the equitable and uniform appraisal of both the offered and selected
land directed for exchange by this Act, all appraisals shall
determine the highest and best use of the offered and selected
land in accordance with applicable provisions of the Washington
State Forest Practices Act and rules and regulations thereunder, including alternative measures for protecting critical
habitat pursuant to a habitat conservation plan as provided
in Washington Administrative Code 222–16–080–(6).
(3) APPRAISALS.—The values of the offered land and
selected land shall be determined by appraisals utilizing nationally recognized appraisal standards, including applicable provisions of the Uniform Appraisal Standards for Federal Land
Acquisitions (1992), the Uniform Standards of Professional
Appraisal Practice, and section 206(d) of the Federal Land
Policy and Management Act of 1976, as amended (43 U.S.C.
1716(d)).
(4) APPROVAL BY THE SECRETARY.—The appraisals, if not
already completed by the date of enactment of this Act, shall
be completed and submitted to the Secretary for approval not
later than 180 days after the date of enactment of this Act:
Provided, That all timber harvest cease no later than November
30, 1998, except for any cleanup, reforestation, or other postharvest work which cannot be completed by November 30,
1998. A comprehensive summary of the appraisal consistent
with 7 CFR Part 1.11 shall be made available for public inspection in the Office of the Supervisor, Wenatchee National Forest,
not less than 30 days nor more than 45 days prior to the
exchange of deeds.
(b) APPRAISAL PERIOD.—After the final appraised values of the
offered and selected lands, or any portion of the land, have been
approved by the Secretary or otherwise determined under section
206(d) of the Federal Land Policy and Management Act (43 U.S.C.
1716(d)), the value shall not be reappraised or updated before

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–330

consummation of the land exchange, except to account for any
timber harvest that might occur after completion of the final
appraisal, or for any adjustments under section 606(g).
(c) EQUALIZATION IF SURPLUS OF OFFERED LAND.—
(1) IN GENERAL.—If the final appraised value of the offered
land or lands and interest in lands conveyed by Plum Creek
under section 604(c), except for the Cle Elum and Lost Lake
lands, exceeds the final appraised value of the selected land,
Plum Creek shall delete offered land parcels from the exchange
in the exact order each land Section (or offered portion thereof)
is listed in paragraph (2) until the values are approximately
equal.
(2) ORDER OF DELETION.—Offered land deletions under
paragraph (1) shall be made in the following order:
(A) Township 22 North, Range 13 East, Section 31,
Willamette Meridian;
(B) Township 21 North, Range 11 East, Section 35;
(C) Township 19 North, Range 11 East, Section 35;
(D) Township 19 North, Range 12 East, Section 1;
(E) Township 20 North, Range 11 East, Sections 1
and 13;
(F) Township 19 North, Range 12 East, Section 15;
(G) Township 20 North, Range 11 East, Section 11;
(H) Township 21 North, Range 11 East, Section 27;
(I) Township 19 North, Range 13 East, Sections 27
and 15;
(J) Township 21 North, Range 11 East, Sections 21
and 25;
(K) Township 19 North, Range 11 East, Section 23;
(L) Township 19 North, Range 13 East, Sections 21,
9 and 35;
(M) Township 20 North, Range 12 East, Sections 35
and 27;
(N) Township 19 North, Range 12 East, Section 11;
(O) Township 21 North, Range 11 East, Section 17;
(P) Township 21 North, Range 11 East, Section 5;
(Q) Township 18 North, Range 15 East, Section 3;
(R) Township 19 North, Range 14 East, Section 25;
(S) Township 19 North, Range 15 East, Sections 29
and 31; and
(T) Township 19 North, Range 13 East, Section 7.
(d) EQUALIZATION IF SURPLUS OF SELECTED LAND.—
(1) IN GENERAL.—If the final appraised value of the selected
land exceeds the final appraised value of the offered land or
lands and interest in lands conveyed by Plum Creek under
section 604(c), except for the Cle Elum and Lost Lake lands,
the Secretary shall delete selected land parcels from the
exchange in the exact order each land Section (or selected
portion thereof) is listed in paragraph (2) until the values
are approximately equal.
(2) ORDER OF DELETION.—Selected land deletions under
paragraph 1 shall be made in the following listed order:
(A) the portion of Township 20 North, Range 11 East,
Section 30 lying east of the thread of Sawmill Creek;
(B) the portion of Township 19 North, Range 11 East,
Section 6 lying east of the thread of Sawmill Creek;
(C) Township 20 North, Range 11 East, Section 32;

112 STAT. 2681–331

PUBLIC LAW 105–277—OCT. 21, 1998

(D) Township 21 North, Range 14 East, Sections 28,
22, 36, 26 and 16;
(E) Township 18 North, Range 15 East, Sections 13,
12 and 2;
(F) Township 18 North, Range 15 East, Section 1;
and
(G) Township 18 North, Range 15 East, Section 17,
Willamette Meridian.
(e) Once the values of the offered and selected lands are equalized to the maximum extent practicable under subsections (c) or
(d), any cash equalization balance due the Secretary or Plum Creek
shall be made through cash equalization payments under subsection
206(b) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(b)).
(f) USE OF PROCEEDS BY THE SECRETARY.—The amount of any
cash equalization payment received by the Secretary under this
section shall be retained by the Secretary and shall be used by
the Secretary until fully expended to purchase land from willing
sellers in the State of Washington for addition to the National
Forest System.
SEC. 606. MISCELLANEOUS PROVISIONS.

(a) STATUS OF LANDS AFTER EXCHANGE.—
(1) LAND ACQUIRED BY THE SECRETARY.—
(A) IN GENERAL.—Land acquired by the Secretary
under this Act shall become part of the Mt. BakerSnoqualmie, Gifford Pinchot or Wenatchee National Forests, as appropriate.
(B) MODIFICATION OF BOUNDARIES.—
(1) If any land acquired by the Secretary lies outside the exterior boundaries of the national forests
identified in subparagraph (A), the boundaries of the
appropriate national forest are hereby modified to include such land.
(2) Nothing in this section shall limit the authority
of the Secretary to adjust the boundaries of such
National Forests pursuant to section 11 of the Act
of March 1, 1911 (commonly known as the ‘‘Weeks
Act’’).
(3) For purposes of section 7 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 4601–
9) the boundaries of Mt. Baker-Snoqualmie, Wenatchee
and Gifford Pinchot as modified by this Act shall be
considered to be the boundaries of such forests as
of January 1, 1965.
(C) MANAGEMENT.—Land acquired by the Secretary
under this Act shall have the status of lands acquired
under the Act of March 1, 1911 and shall be managed
in accordance with the laws, rules, regulations and guidelines applicable to the National Forest System.
(2) LAND ACQUIRED BY PLUM CREEK.—Land acquired by
Plum Creek under this Act shall become private land for all
purposes of law, unless the deed by which conveyance is made
to Plum Creek contains a specific reservation.
(b) POST-EXCHANGE ACCESS TO LAND.—
(1) FINDING.—Congress finds that Plum Creek and the
Secretary should have adequate and timely post-exchange

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–332

access to lands acquired pursuant to this Act over existing
primary, secondary, or other national forest system roads as
may be needed.
(2) INTENTION.—It is the intention of Congress that Plum
Creek have access to all lands it acquires under this Act,
and when such access requires construction of new roads, it
shall be granted in compliance with the National Environmental Policy Act, the Endangered Species Act, the National
Historic Preservation Act, and other applicable laws, rules,
and regulations.
(3) ACCESS WITHIN COST SHARE AGREEMENT AREAS.—Within
Cost Share Construction and Use Agreement Areas, Plum
Creek and the Secretary will convey road access, at no cost,
to the lands acquired by each party upon consummation of
the exchange pursuant to this Act in accordance with the
appropriate terms and procedures of said cost share construction and use agreements.
(4) ACCESS OUTSIDE COST SHARE AGREEMENT AREAS.—Outside of Cost Share Construction and Use Agreement Areas,
the Secretary shall grant Plum Creek road access easements
at no cost in a form set out in Forest Service Handbook 2709.12,
35. In the case of new road construction, they shall conform
to the Secretary’s rules and regulations 36 CFR 251, subpart
B, for the roads identified on the map entitled ‘‘Plum Creek
Access Road Needs’’, dated September 1998, including mitigation under existing law.
(c) ACCESS TO CERTAIN LANDS ACQUIRED BY THE UNITED
STATES.—Outside of Cost Share Construction and Use Agreement
Areas, Plum Creek shall grant the Secretary road access easements
at no cost on the locations identified by the Secretary in a format
acceptable to the Secretary.
(d) TIMING.—It is the intent of Congress that the land exchange
authorized and directed by this Act be consummated no later than
270 days after the date of enactment of this Act, unless the Secretary and Plum Creek mutually agree to extend the consummation
date.
(e) WITHDRAWAL OF SELECTED LAND.—Effective upon the date
of enactment of this Act, all selected land identified for exchange
to Plum Creek under section 604(b) is hereby withdrawn from
all forms of entry and appropriation under the U.S. mining and
mineral leasing laws, including the Geothermal Steam Act of 1970,
until such time as the exchange is consummated, or until a particular parcel or parcels are deleted from the exchange under section
605(d).
(f) WITHDRAWAL OF CLE ELUM RIVER LANDS.—Lands acquired
by the Secretary under this Act that are located in Township
23 North, Range 14 East, and Township 22 North, Range 14 East,
Willamette Meridian, shall upon the date of their acquisition be
permanently withdrawn from all forms of entry and appropriation
under the U.S. mining and mineral leasing laws, including the
Geothermal Steam Act of 1970.
(g) PARCELS SUBJECT TO HISTORIC OR CULTURAL RESOURCE
RESTRICTIONS.—
(1) REPORT TO PLUM CREEK.—No later than 180 days after
enactment of this Act, the Secretary shall complete determinations and consultation under the National Historic Preservation
Act and submit a report to Plum Creek and other consulting

112 STAT. 2681–333

PUBLIC LAW 105–277—OCT. 21, 1998

parties under the National Historic Preservation Act listing
by exact aliquot part description any parcel or parcels of
selected land on which cultural properties have been identified
and for which protection, use restrictions or mitigation requirements will be imposed. Such report shall include an exact
description of each restriction or mitigation action required.
(2) PLUM CREEK RESPONSE.—Within 30 days of receipt of
the Secretary’s report under paragraph (1), Plum Creek shall
notify the Secretary as to: (i) those parcels it will accept subject
to the identified use restrictions or mitigation requirements;
and (ii) those parcels it will not accept because the restrictions
or mitigation requirements are deemed by Plum Creek to be
an unacceptable encumbrance on the land.
(3) PARCEL DELETION.—The Secretary shall delete from
the selected land those parcels identified by Plum Creek as
unacceptable for conveyance under paragraph (2).
(4) APPRAISAL ADJUSTMENT.—The fair market value of any
parcels deleted under paragraph (3), or any modification in
fair market value caused by the use restrictions or mitigation
requirements on land accepted by Plum Creek, shall be based
on their contributory value to the final approved appraised
value of the selected land and subtracted from such value
prior to consummation of the exchange.
(h) ACCESS LIMITATION.—The Secretary shall not grant any
road easements that would access the offered lands listed in section
604(a) prior to consummation of the exchange: Provided, That this
provision shall not apply should either party withdraw from the
exchange.
SEC. 607. LAND PURCHASE.

(a) FINDING.—The Congress finds that certain lands owned
by Plum Creek in the vicinity of the offered lands (but which
are not included in the land exchange under this Act, or are deleted
under section 605(c)) are highly desirable for addition to the
National Forest System, and that Plum Creek has indicated its
willingness to sell certain such lands to the United States. It is
the intention of Congress that such lands be acquired by the United
States, subject to the availability of funds, by purchase at fair
market value consistent with the land acquisition procedures of
the Secretary, and with the consent of Plum Creek, in order to
preserve their outstanding scenic and natural values for the benefit
of future generations.
(b) PURCHASE CONSULTATION.—In furtherance of subsection (a),
the Secretary is authorized and directed to consult with Plum
Creek to determine the precise lands Plum Creek is willing to
sell.
(c) OTHER AGREEMENTS.—Nothing in this Act shall be construed
to prohibit the Secretary from entering into additional agreements
or contracts with Plum Creek to purchase, exchange or otherwise
acquire lands from Plum Creek in Washington or any other state
under the laws, rules and regulations generally applicable to Federal land acquisitions.
SEC. 608. TIETON RIVER STUDY.

The Secretary is authorized and directed to consult with Plum
Creek concerning opportunities for the United States to acquire
by exchange or purchase Plum Creek lands along the Tieton River
in Township 14 North, Range 15 East, Willamette Meridian.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–334

SEC. 609. FUTURE LAND EXCHANGE OPPORTUNITY.

(a) FINDING.—The Congress finds that certain lands which were
identified for exchange to the United States in the I–90 Land
Exchange process have been, or may be, deleted from the final
exchange under this Act due to value equalization or other reasons.
However, some or all of such deleted lands, or other Plum Creek
lands, may possess attributes that merit their conveyance to the
United States in a follow-up land exchange, including lands in
or around the Carbon River, the Yakima River, the Pacific Crest
Trail, Watch Mountain and Goat Mountain on the Gifford Pinchot
National Forest, the Green River and the Manastash late successional reserve.
(b) FUTURE EXCHANGE.—In furtherance of subsection (a), the
Secretary is authorized and directed to consult with Plum Creek
in examining opportunities for the United States to acquire such
deleted lands, or other Plum Creek lands in the State of Washington, in a future exchange.
(c) REPORT TO CONGRESS.—Not later than 18 months after
the date of enactment of this Act, the Secretary shall submit a
report to the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Resources of the United
States House of Representatives briefly outlining future land
exchange opportunities with Plum Creek, including those for which
the Secretary is required to consult under section 608, which the
Secretary determines merit detailed analysis and consideration.
The Secretary should identify the most urgent acquisitions for purchase or exchange in the report.
SEC. 610. WILDERNESS STUDY AREA.

In furtherance of the purposes of the Wilderness Act, if the
land exchange directed by this Act is consummated, the area of
land comprising approximately 15,000 acres, as generally depicted
on a map entitled ‘‘Alpine Lakes Wilderness Study Area’’, dated
October 1998, shall be reviewed by the Secretary of Agriculture
as to its suitability for preservation as wilderness. The Secretary
shall submit a report and findings to the President, and the President shall submit his recommendations to the United States House
of Representatives and United States Senate no later than three
years after the date of enactment of this Act. Subject to valid
existing rights and existing uses, such lands shall, until Congress
determines otherwise or until December 31, 2003, be administered
by the Secretary to maintain their wilderness character existing
as of the date of enactment of this Act and potential for inclusion
in the National Wilderness Preservation System, and shall be withdrawn from all forms of entry and appropriation under the U.S.
mining and mineral leasing laws, including the Geothermal Steam
Act of 1970.
SEC. 611. KELLY BUTTE SPECIAL MANAGEMENT AREA.

(a) ESTABLISHMENT.—Upon conveyance to the United States
of the Plum Creek offered lands in the Kelly Butte area, there
is hereby established the Kelly Butte Special Management Area
in the Mt. Baker-Snoqualmie National Forest, Washington, comprising approximately 5,642 acres, as generally depicted on a map
entitled ‘‘Kelly Butte Special Management Area’’, dated October
1998.
(b) MANAGEMENT.—The Kelly Butte Special Management Area
shall be managed by the Secretary in accordance with the laws,
rules and regulations generally applicable to National Forest System lands, and subject to the following additional provisions:

16 USC 539k.

112 STAT. 2681–335

PUBLIC LAW 105–277—OCT. 21, 1998

(1) the Area shall be managed with special emphasis on:
(A) preserving its natural character and protecting and
enhancing water quality in the upper Green River watershed;
(B) permitting hunting and fishing;
(C) providing opportunities for primitive and semiprimitive recreation and scientific research and study;
(D) protecting and enhancing populations of fish, wildlife and native plant species; and
(E) allowing for traditional uses by native American
peoples;
(2) commercial timber harvest and road construction shall
be prohibited;
(3) the Area shall be closed to the use of motor vehicles,
except as may be necessary for administrative purposes or
in emergencies (including rescue operations) to protect public
health and safety; and
(4) the Area shall, subject to valid existing rights, be permanently withdrawn from all forms of entry and appropriation
under the U.S. mining laws and mineral leasing laws, including
the Geothermal Steam Act of 1970.
(c) NO BUFFER ZONES.—Congress does not intend that the
designation of the Kelly Butte Special Management Area lead to
the creation of protective perimeters or buffer zones around the
Area. The fact that non-compatible activities or uses can be seen
or heard from within the Kelly Butte Special Management Area
shall not, of itself, preclude such activities or uses up to the boundary of the Area.
SEC. 612. EFFECT ON COUNTY REVENUES.

The Secretary shall consult with the appropriate Committees
of Congress, and local elected officials in the counties in the State
of Washington in which the offered lands are located, regarding
options to minimize the adverse effect on county revenues of the
transfer of the offered lands from private to Federal ownership.
Indian Tribal
Tort Claims and
Risk
Management Act
of 1998.
25 USC 450f
note.

TITLE VII
INDIAN TRIBAL TORT CLAIMS AND RISK MANAGEMENT
SEC. 701. SHORT TITLE.

This title may be cited as the ‘‘Indian Tribal Tort Claims
and Risk Management Act of 1998’’.
SEC. 702. FINDINGS AND PURPOSE.

(a) FINDINGS.—Congress finds that—
(1) Indian tribes have made significant achievements
toward developing a foundation for economic self-sufficiency
and self-determination, and that economic self-sufficiency and
self-determination have increased opportunities for the Indian
tribes and other entities and persons to interact more frequently
in commerce and intergovernmental relationships;
(2) although Indian tribes have sought and secured liability
insurance coverage to meet their needs, many Indian tribes
are faced with significant barriers to obtaining liability insurance because of the high cost or unavailability of such coverage
in the private market;

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–336

(3) as a result, Congress has extended liability coverage
provided to Indian tribes to organizations to carry out activities
under the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.); and
(4) there is an emergent need for comprehensive and costefficient insurance that allows the economy of Indian tribes
to continue to grow and provides compensation to persons that
may suffer personal injury or loss of property.
(b) PURPOSE.—The purpose of this title is to provide for a
study to facilitate relief for a person who is injured as a result
of an official action of a tribal government.
SEC. 703. DEFINITIONS.

In this title:
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)).
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) TRIBAL ORGANIZATION.—The term ‘‘tribal organization’’
has the meaning given that term in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(l)).
SEC. 704. STUDY AND REPORT TO CONGRESS.

(a) IN GENERAL.—
(1) STUDY.—In order to minimize and, if possible, eliminate
redundant or duplicative liability insurance coverage and to
ensure that the provision of insurance to Indian tribes is costeffective, the Secretary shall conduct a comprehensive survey
of the degree, type, and adequacy of liability insurance coverage
of Indian tribes at the time of the study.
(2) CONTENTS OF STUDY.—The study conducted under this
subsection shall include—
(A) an analysis of loss data;
(B) risk assessments;
(C) projected exposure to liability, and related matters;
and
(D) the category of risk and coverage involved, which
may include—
(i) general liability;
(ii) automobile liability;
(iii) the liability of officials of the Indian tribe;
(iv) law enforcement liability;
(v) workers’ compensation; and
(vi) other types of liability contingencies.
(3) ASSESSMENT OF COVERAGE BY CATEGORIES OF RISK.—
For each Indian tribe, for each category of risk identified under
paragraph (2), the Secretary, in conducting the study, shall
determine whether insurance coverage or coverage under chapter 171 of title 28, United States Code, applies to that Indian
tribe for that activity.
(b) REPORT.—Not later than June 1, 1999, and annually thereafter, the Secretary shall submit a report to Congress that contains
legislative recommendations that the Secretary determines to—
(1) be appropriate to improve the provision of insurance
coverage to Indian tribes; or

112 STAT. 2681–337

PUBLIC LAW 105–277—OCT. 21, 1998

(2) otherwise achieve the purpose of providing relief to
persons who are injured as a result of an official action of
a tribal government.
SEC. 705. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Department
of the Interior such sums as may be necessary to carry out this
title.
This Act may be cited as the ‘‘Department of the Interior
and Related Agencies Appropriations Act, 1999’’.
(f) For programs, projects or activities in the Departments
of Labor, Health and Human Services, and Education, 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:
Departments of
Labor, Health
and Human
Services, and
Education, and
Related Agencies
Appropriations
Act, 1999.
Department of
Labor
Appropriations
Act, 1999.

AN ACT Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and Related Agencies for the fiscal year ending September 30, 1999, and for other purposes.

TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT

AND

TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES
(INCLUDING RESCISSION)

For necessary expenses of the Job Training Partnership Act,
as amended, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of buildings and
other facilities, and the purchase of real property for training centers as authorized by the Job Training Partnership Act; the Stewart
B. McKinney Homeless Assistance Act; the Women in Apprenticeship and Nontraditional Occupations Act; the National Skill Standards Act of 1994; section 166(j) of the Workforce Investment Act
of 1998; and the School-to-Work Opportunities Act; $5,272,324,000
plus reimbursements, of which $3,740,287,000 is available for
obligation for the period July 1, 1999 through June 30, 2000;
of which $1,250,965,000 is available for obligation for the period
April 1, 1999 through June 30, 2000, including $250,000,000 for
activities authorized by section 127(b)(1) of the Workforce Investment Act; of which $152,072,000 is available for the period July
1, 1999 through June 30, 2002, including $1,500,000 under authority of part B of title III of the Job Training Partnership Act for
use by The Organizing Committee for The 2001 Special Olympics
World Winter Games in Alaska to promote employment opportunities for individuals with mental disabilities, and $150,572,000 for
necessary expenses of construction, rehabilitation, and acquisition
of Job Corps centers; and of which $125,000,000 shall be available
from July 1, 1999 through September 30, 2000, for carrying out
activities of the School-to-Work Opportunities Act: Provided, That
funds made available under this heading to carry out the Job
Training Partnership Act may be used for transition to, and
implementation of, the provisions of the Workforce Investment Act
of 1998: Provided further, That $57,815,000 shall be for carrying
out section 401 of the Job Training Partnership Act, $71,517,000
shall be for carrying out section 402 of such Act, $7,300,000 shall
be for carrying out section 441 of such Act, $9,000,000 shall be

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–338

for all activities conducted by and through the National Occupational Information Coordinating Committee under such Act,
$955,000,000 shall be for carrying out title II, part A of such
Act, and $129,965,000 shall be for carrying out title II, part C
of such Act: Provided further, That funding appropriated herein
under authority of part B of title III of the Job Training Partnership
Act includes $5,000,000 for use by The Organizing Committee for
The 1999 Special Olympics World Summer Games to promote
employment opportunities for individuals with mental disabilities:
Provided further, That the National Occupational Information Coordinating Committee is authorized, effective upon enactment, to
charge fees for publications, training and technical assistance developed by the National Occupational Information Coordinating Committee: Provided further, That revenues received from publications
and delivery of technical assistance and training, notwithstanding
31 U.S.C. 3302, shall be credited to the National Occupational
Information Coordinating Committee program account and shall
be available to the National Occupational Information Coordinating
Committee without further appropriations, so long as such revenues
are used for authorized activities of the National Occupational
Information Coordinating Committee: Provided further, That no
funds from any other appropriation shall be used to provide meal
services at or for Job Corps centers: Provided further, That funds
provided for title III of the Job Training Partnership Act shall
not be subject to the limitation contained in subsection (b) of section
315 of such Act; that the waiver described in section 315(a)(2)
may be granted if a substate grantee demonstrates to the Governor
that such waiver is appropriate due to the availability of lowcost retraining services, is necessary to facilitate the provision of
needs-related payments to accompany long-term training, or is necessary to facilitate the provision of appropriate basic readjustment
services; and that funds provided for discretionary grants under
part B of such title III may be used to provide needs-related
payments to participants who, in lieu of meeting the enrollment
requirements under section 314(e) of such Act, are enrolled in
training by the end of the sixth week after grant funds have
been awarded: Provided further, That funds provided to carry out
section 324 of such Act may be used for demonstration projects
that provide assistance to new entrants in the workforce and incumbent workers: Provided further, That service-delivery areas may
transfer funding provided herein under authority of title II, parts
B and C of the Job Training Partnership Act between the programs
authorized by those titles of the Act, if the transfer is approved
by the Governor: Provided further, That service delivery areas and
substate areas may transfer up to 20 percent of the funding provided
herein under authority of title II, part A and title III of the Job
Training Partnership Act between the programs authorized by those
titles of the Act, if such transfer is approved by the Governor:
Provided further, That, notwithstanding any other provision of law,
any proceeds from the sale of Job Corps center facilities shall
be retained by the Secretary of Labor to carry out the Job Corps
program: Provided further, That notwithstanding any other provision of law, the Secretary of Labor may waive any of the statutory
or regulatory requirements of titles I–III of the Job Training Partnership Act (except for requirements relating to wage and labor
standards, worker rights, participation and protection, grievance
procedures and judicial review, nondiscrimination, allocation of

112 STAT. 2681–339

PUBLIC LAW 105–277—OCT. 21, 1998

funds to local areas, eligibility, review and approval of plans, the
establishment and functions of service delivery areas and private
industry councils, and the basic purposes of the Act), and any
of the statutory or regulatory requirements of sections 8–10 of
the Wagner-Peyser Act (except for requirements relating to the
provision of services to unemployment insurance claimants and
veterans, and to universal access to basic labor exchange services
without cost to job seekers), only for funds available for expenditure
in program year 1999, pursuant to a request submitted by a State
which identifies the statutory or regulatory requirements that are
requested to be waived and the goals which the State or local
service delivery areas intend to achieve, describes the actions that
the State or local service delivery areas have undertaken to remove
State or local statutory or regulatory barriers, describes the goals
of the waiver and the expected programmatic outcomes if the request is granted, describes the individuals impacted by the waiver,
and describes the process used to monitor the progress in implementing a waiver, and for which notice and an opportunity to
comment on such request has been provided to the organizations
identified in section 105(a)(1) of the Job Training Partnership Act,
if and only to the extent that the Secretary determines that such
requirements impede the ability of the State to implement a plan
to improve the workforce development system and the State has
executed a Memorandum of Understanding with the Secretary requiring such State to meet agreed upon outcomes and implement
other appropriate measures to ensure accountability.
Of the funds made available beginning on October 1, 1998
under this heading in Public Law 105–78 for Opportunity Areas
of Out-of-School Youth, $250,000,000 are rescinded.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out the activities for national grants or contracts
with public agencies and public or private nonprofit organizations
under paragraph (1)(A) of section 506(a) of title V of the Older
Americans Act of 1965, as amended, or to carry out older worker
activities as subsequently authorized, $343,356,000.
To carry out the activities for grants to States under paragraph
(3) of section 506(a) of title V of the Older Americans Act of
1965, as amended, or to carry out older worker activities as subsequently authorized, $96,844,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I; and for training,
allowances for job search and relocation, and related State administrative expenses under part II, subchapters B and D, chapter 2,
title II of the Trade Act of 1974, as amended, $360,700,000, together
with such amounts as may be necessary to be charged to the
subsequent appropriation for payments for any period subsequent
to September 15 of the current year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
OPERATIONS

For authorized administrative expenses, $162,097,000, together
with not to exceed $3,132,076,000 (including not to exceed

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–340

$1,228,000 which may be used for amortization payments to States
which had independent retirement plans in their State employment
service agencies prior to 1980), which may be expended from the
Employment Security Administration account in the Unemployment
Trust Fund including the cost of administering section 1201 of
the Small Business Job Protection Act of 1996, section 7(d) of
the Wagner-Peyser Act, as amended, section 461 of the Job Training
Partnership Act, the Trade Act of 1974, as amended, the Immigration Act of 1990, and the Immigration and Nationality Act, as
amended, and of which the sums available in the allocation for
activities authorized by title III of the Social Security Act, as
amended (42 U.S.C. 502–504), and the sums available in the allocation for necessary administrative expenses for carrying out 5 U.S.C.
8501–8523, shall be available for obligation by the States through
December 31, 1999, except that funds used for automation acquisitions shall be available for obligation by the States through September 30, 2001; and of which $162,097,000, together with not to
exceed $746,138,000 of the amount which may be expended from
said trust fund, shall be available for obligation for the period
July 1, 1999 through June 30, 2000, to fund activities under the
Act of June 6, 1933, as amended, including the cost of penalty
mail authorized under 39 U.S.C. 3202(a)(1)(E) made available to
States in lieu of allotments for such purpose, and of which
$180,933,000 shall be available only to the extent necessary for
additional State allocations to administer unemployment compensation laws to finance increases in the number of unemployment
insurance claims filed and claims paid or changes in a State law:
Provided, That to the extent that the Average Weekly Insured
Unemployment (AWIU) for fiscal year 1999 is projected by the
Department of Labor to exceed 2,629,000, an additional $28,600,000
shall be available for obligation for every 100,000 increase in the
AWIU level (including a pro rata amount for any increment less
than 100,000) from the Employment Security Administration Account of the Unemployment Trust Fund: Provided further, That
funds appropriated in this Act which are used to establish a national
one-stop career center network may be obligated in contracts, grants
or agreements with non-State entities: Provided further, That funds
appropriated under this Act for activities authorized under the
Wagner-Peyser Act, as amended, and title III of the Social Security
Act, may be used by the States to fund integrated Employment
Service and Unemployment Insurance automation efforts, notwithstanding cost allocation principles prescribed under Office of Management and Budget Circular A–87.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security Act,
as amended, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code of
1954, as amended; and for nonrepayable advances to the Unemployment Trust Fund as authorized by section 8509 of title 5, United
States Code, and to the ‘‘Federal unemployment benefits and allowances’’ account, to remain available until September 30, 2000,
$357,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September

112 STAT. 2681–341

PUBLIC LAW 105–277—OCT. 21, 1998

15, 1999, for costs incurred by the Black Lung Disability Trust
Fund in the current fiscal year, such sums as may be necessary.
PROGRAM ADMINISTRATION

For expenses of administering employment and training programs, $94,410,000, including $6,360,000 to support up to 75 fulltime equivalent staff, the majority of which will be term Federal
appointments lasting no more than two years, to administer welfareto-work grants, together with not to exceed $43,716,000, which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
PENSION

AND

WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES

For necessary expenses for the Pension and Welfare Benefits
Administration, $90,000,000.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance authorized
by section 104 of Public Law 96–364, within limits of funds and
borrowing authority available to such Corporation, and 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 amended (31 U.S.C.
9104), as may be necessary in carrying out the program through
September 30, 1999, for such Corporation: Provided, That not to
exceed $10,958,000 shall be available for administrative expenses
of the Corporation: Provided further, That expenses of such Corporation in connection with the termination of pension plans, for the
acquisition, protection or management, and investment of trust
assets, and for benefits administration services shall be considered
as non-administrative expenses for the purposes hereof, and
excluded from the above limitation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES

For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal, and
local agencies and their employees for inspection services rendered,
$312,076,000, together with $1,924,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d)
and 44(j) of the Longshore and Harbor Workers’ Compensation
Act: Provided, That $1,000,000 shall be for the development of
an alternative system for the electronic submission of reports as
required to be filed under the Labor-Management Reporting and
Disclosure Act of 1959, as amended, and for a computer database
of the information for each submission by whatever means, that
is indexed and easily searchable by the public via the Internet:
Provided further, That the Secretary of Labor is authorized to
accept, retain, and spend, until expended, in the name of the

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–342

Department of Labor, all sums of money ordered to be paid to
the Secretary of Labor, in accordance with the terms of the Consent
Judgment in Civil Action No. 91–0027 of the United States District
Court for the District of the Northern Mariana Islands (May 21,
1992): Provided further, That the Secretary of Labor is authorized
to establish and, in accordance with 31 U.S.C. 3302, collect and
deposit in the Treasury fees for processing applications and issuing
certificates under sections 11(d) and 14 of the Fair Labor Standards
Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing applications and issuing registrations under title I of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C.
1801 et seq.).
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by title 5, chapter 81 of the United
States Code; continuation of benefits as provided for under the
head ‘‘Civilian War Benefits’’ in the Federal Security Agency Appropriation Act, 1947; the Employees’ Compensation Commission
Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims
Act of 1948 (50 U.S.C. App. 2012); and 50 percent of the additional
compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers’ Compensation Act, as amended,
$179,000,000 together with such amounts as may be necessary
to be charged to the subsequent year appropriation for the payment
of compensation and other benefits for any period subsequent to
August 15 of the current year: Provided, That amounts appropriated
may be used under section 8104 of title 5, United States Code,
by the Secretary of Labor to reimburse an employer, who is not
the employer at the time of injury, for portions of the salary of
a reemployed, disabled beneficiary: Provided further, That balances
of reimbursements unobligated on September 30, 1998, shall remain
available until expended for the payment of compensation, benefits,
and expenses: Provided further, That in addition there shall be
transferred to this appropriation from the Postal Service and from
any other corporation or instrumentality required under section
8147(c) of title 5, United States Code, to pay an amount for its
fair share of the cost of administration, such sums as the Secretary
determines to be the cost of administration for employees of such
fair share entities through September 30, 1999: Provided further,
That of those funds transferred to this account from the fair share
entities to pay the cost of administration, $20,250,000 shall be
made available to the Secretary as follows: for the operation of
and enhancement to the automated data processing systems in
support of Federal Employees’ Compensation Act administration,
$11,969,000; for expenditures relating to the expansion of the periodic roll management project, $6,652,000; for the financial management improvement project, $1,629,000; and the remaining funds
shall be paid into the Treasury as miscellaneous receipts: Provided
further, That the Secretary may require that any person filing
a notice of injury or a claim for benefits under chapter 81 of
title 5, United States Code, or 33 U.S.C. 901 et seq., provide
as part of such notice and claim, such identifying information

112 STAT. 2681–343

PUBLIC LAW 105–277—OCT. 21, 1998

(including Social Security account number) as such regulations
may prescribe.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)

For payments from the Black Lung Disability Trust Fund,
$1,021,000,000, of which $969,725,000 shall be available until
September 30, 2000, for payment of all benefits as authorized
by section 9501(d) (1), (2), (4), and (7) of the Internal Revenue
Code of 1954, as amended, and interest on advances as authorized
by section 9501(c)(2) of that Act, and of which $30,191,000 shall
be available for transfer to Employment Standards Administration,
Salaries and Expenses, $20,422,000 for transfer to Departmental
Management, Salaries and Expenses, $306,000 for transfer to Departmental Management, Office of Inspector General, and $356,000
for payment into miscellaneous receipts for the expenses of the
Department of Treasury, for expenses of operation and administration of the Black Lung Benefits program as authorized by section
9501(d)(5)(A) of that Act: Provided, That, in addition, such amounts
as may be necessary may be charged to the subsequent year appropriation for the payment of compensation, interest, or other benefits
for any period subsequent to August 15 of the current year.
OCCUPATIONAL SAFETY

AND

HEALTH ADMINISTRATION

SALARIES AND EXPENSES

29 USC 670 note.

For necessary expenses for the Occupational Safety and Health
Administration, $353,000,000, including not to exceed $80,084,000
which shall be the maximum amount available for grants to States
under section 23(g) of the Occupational Safety and Health Act,
which grants shall be no less than 50 percent of the costs of
State occupational safety and health programs required to be
incurred under plans approved by the Secretary under section 18
of the Occupational Safety and Health Act of 1970; and, in addition,
notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $750,000 per fiscal year
of training institute course tuition fees, otherwise authorized by
law to be collected, and may utilize such sums for occupational
safety and health training and education grants: Provided, That,
notwithstanding 31 U.S.C. 3302, the Secretary of Labor is authorized, during the fiscal year ending September 30, 1999, to collect
and retain fees for services provided to Nationally Recognized Testing Laboratories, and may utilize such sums, in accordance with
the provisions of 29 U.S.C. 9a, to administer national and international laboratory recognition programs that ensure the safety
of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under
the Occupational Safety and Health Act of 1970 which is applicable
to any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs ten or fewer
employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or
enforce any standard, rule, regulation, or order under the

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–344

Occupational Safety and Health Act of 1970 with respect to any
employer of ten or fewer employees who is included within a category having an occupational injury lost workday case rate, at
the most precise Standard Industrial Classification Code for which
such data are published, less than the national average rate as
such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section
24 of that Act (29 U.S.C. 673), except—
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement
period and for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for exercising
rights under such Act: Provided further, That the foregoing
proviso shall not apply to any person who is engaged in a
farming operation which does not maintain a temporary labor
camp and employs ten or fewer employees.
MINE SAFETY

AND

HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Mine Safety and Health
Administration, $211,165,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and firstaid work, and the hire of passenger motor vehicles; and, in addition,
not to exceed $750,000 may be collected by the National Mine
Health and Safety Academy for room, board, tuition, and the sale
of training materials, otherwise authorized by law to be collected,
to be available for mine safety and health education and training
activities, notwithstanding 31 U.S.C. 3302; the Secretary is authorized to accept lands, buildings, equipment, and other contributions
from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private; the Mine Safety
and Health Administration is authorized to promote health and
safety education and training in the mining community through
cooperative programs with States, industry, and safety associations;
and any funds available to the Department may be used, with
the approval of the Secretary, to provide for the costs of mine
rescue and survival operations in the event of a major disaster:
Provided, That none of the funds appropriated under this paragraph
shall be obligated or expended to carry out section 115 of the
Federal Mine Safety and Health Act of 1977 or to carry out that
portion of section 104(g)(1) of such Act relating to the enforcement

30 USC 962 note.

112 STAT. 2681–345

PUBLIC LAW 105–277—OCT. 21, 1998

of any training requirements, with respect to shell dredging, or
with respect to any sand, gravel, surface stone, surface clay, colloidal
phosphate, or surface limestone mine: Provided further, That the
Mine Safety and Health Administration may obligate or expend
funds to promulgate final training regulations that are designed
for the above named industries by no later than September 30,
1999.
BUREAU

OF

LABOR STATISTICS

SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $344,724,000,
of which $11,159,000 shall be for expenses of revising the Consumer
Price Index and shall remain available until September 30, 2000,
together with not to exceed $54,146,000, which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES

33 USC 921 note.

For necessary expenses for Departmental Management, including the hire of three sedans, and including up to $6,750,000 for
the President’s Committee on Employment of People With Disabilities, and including $500,000 to fund the activities of the TwentyFirst Century Workforce Commission authorized by section 334
of the Workforce Investment Act of 1998, $190,832,000; together
with not to exceed $299,000, which may be expended from the
Employment Security Administration account in the Unemployment
Trust Fund: Provided, That no funds made available by this Act
may be used by the Solicitor of Labor to participate in a review
in any United States court of appeals of any decision made by
the Benefits Review Board under section 21 of the Longshore and
Harbor Workers’ Compensation Act (33 U.S.C. 921) where such
participation is precluded by the decision of the United States
Supreme Court in Director, Office of Workers’ Compensation Programs v. Newport News Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any provisions to the contrary contained in Rule 15
of the Federal Rules of Appellate Procedure: Provided further, That
no funds made available by this Act may be used by the Secretary
of Labor to review a decision under the Longshore and Harbor
Workers’ Compensation Act (33 U.S.C. 901 et seq.) that has been
appealed and that has been pending before the Benefits Review
Board for more than 12 months: Provided further, That any such
decision pending a review by the Benefits Review Board for more
than one year shall be considered affirmed by the Benefits Review
Board on the one-year anniversary of the filing of the appeal,
and shall be considered the final order of the Board for purposes
of obtaining a review in the United States courts of appeals: Provided further, That these provisions shall not be applicable to the
review or appeal of any decision issued under the Black Lung
Benefits Act (30 U.S.C. 901 et seq.).

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–346

ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING

Not to exceed $182,719,000 may be derived from the Employment Security Administration account in the Unemployment Trust
Fund to carry out the provisions of 38 U.S.C. 4100–4110A, 4212,
4214 and 4321–4327, and Public Law 103–353, and which shall
be available for obligation by the States through December 31,
1999.
OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $43,852,000, together with not to exceed
$3,648,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an individual, either as direct costs or any proration as an indirect cost,
at a rate in excess of Executive Level III.
SEC. 102. REVERSION OF UNALLOTTED FORMULA FUNDS UNDER
WELFARE-TO-WORK. Section 403(a)(5)(A) of the Social Security Act
is amended by adding the following clause:
‘‘(ix) REVERSION OF UNALLOTTED FORMULA
FUNDS.—If at the end of any fiscal year any funds
available under this subparagraph have not been allotted due to a determination by the Secretary that any
State has not met the requirements of clause (ii), such
funds shall be transferred to the General Fund of
the Treasury of the United States.’’.
(TRANSFER OF FUNDS)

SEC. 103. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act, as amended) which are appropriated for the current fiscal
year for the Department of Labor in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer: Provided,
That the Appropriations Committees of both Houses of Congress
are notified at least fifteen days in advance of any transfer.
SEC. 104. Funds shall be available for carrying out title IV–
B of the Job Training Partnership Act, notwithstanding section
427(c) of that Act, if a Job Corps center fails to meet national
performance standards established by the Secretary.
This title may be cited as the ‘‘Department of Labor Appropriations Act, 1999’’.

42 USC 603.

112 STAT. 2681–347
Department of
Health and
Human Services
Appropriations
Act, 1999.

PUBLIC LAW 105–277—OCT. 21, 1998

TITLE II—DEPARTMENT OF HEALTH AND HUMAN
SERVICES
HEALTH RESOURCES

AND

SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

For carrying out titles II, III, VII, VIII, X, XII, XIX, and
XXVI of the Public Health Service Act, section 427(a) of the Federal
Coal Mine Health and Safety Act, title V and section 1820 of
the Social Security Act, the Health Care Quality Improvement
Act of 1986, as amended, and the Native Hawaiian Health Care
Act of 1988, as amended, $4,108,040,000, of which $150,000 shall
remain available until expended for interest subsidies on loan
guarantees made prior to fiscal year 1981 under part B of title
VII of the Public Health Service Act, and of which $65,345,000
shall be available for the construction and renovation of health
care and other facilities, and of which $25,000,000 from general
revenues, notwithstanding section 1820(j) of the Social Security
Act, shall be available for carrying out the Medicare rural hospital
flexibility grants program under section 1820 of such Act: Provided,
That the Division of Federal Occupational Health may utilize personal services contracting to employ professional management/
administrative and occupational health professionals: Provided further, That of the funds made available under this heading, $250,000
shall be available until expended for facilities renovations at the
Gillis W. Long Hansen’s Disease Center: Provided further, That
in addition to fees authorized by section 427(b) of the Health Care
Quality Improvement Act of 1986, fees shall be collected for the
full disclosure of information under the Act sufficient to recover
the full costs of operating the National Practitioner Data Bank,
and shall remain available until expended to carry out that Act:
Provided further, That no more than $5,000,000 is available for
carrying out the provisions of Public Law 104–73: Provided further,
That of the funds made available under this heading, $215,000,000
shall be for the program under title X of the Public Health Service
Act to provide for voluntary family planning projects: Provided
further, That amounts provided to said projects under such title
shall not be expended for abortions, that all pregnancy counseling
shall be nondirective, and that such amounts shall not be expended
for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office: Provided further, That $461,000,000 shall be for State AIDS Drug
Assistance Programs authorized by section 2616 of the Public
Health Service Act: Provided further, That notwithstanding any
other provision of law, funds made available under this heading
may be used to continue operating the Council on Graduate Medical
Education established by section 301 of Public Law 102–408: Provided further, That, notwithstanding section 502(a)(1) of the Social
Security Act, not to exceed $107,434,000 is available for carrying
out special projects of regional and national significance pursuant
to section 501(a)(2) of such Act: Provided further, That of the
amount provided, $2,000,000 shall be for support of the Center
for Sustainable Health Outreach at the University of Southern
Mississippi in affiliation with Harrison Institute at Georgetown
University for the establishment of demonstration programs that
create model health access programs, health-related jobs and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–348

sustainability of community-based providers of health services in
rural and urban communities; and $1,250,000 shall be for the
American Federation for Negro Affairs Education and Research
Fund.
MEDICAL FACILITIES GUARANTEE AND LOAN FUND
FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

For carrying out subsections (d) and (e) of section 1602 of
the Public Health Service Act, $1,000,000, together with any
amounts received by the Secretary in connection with loans and
loan guarantees under title VI of the Public Health Service Act,
to be available without fiscal year limitation for the payment of
interest subsidies. During the fiscal year, no commitments for direct
loans or loan guarantees shall be made.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

Such sums as may be necessary to carry out the purpose
of the program, as authorized by Title VII of the Public Health
Service Act, as amended. For administrative expenses to carry
out the guaranteed loan program, including section 709 of the
Public Health Service Act, $3,688,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims associated
with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2 of
title XXI of the Public Health Service Act, to remain available
until expended: Provided, That for necessary administrative
expenses, not to exceed $3,000,000 shall be available from the
Trust Fund to the Secretary of Health and Human Services.
VACCINE INJURY COMPENSATION

For payment of claims resolved by the United States Court
of Federal Claims related to the administration of vaccines before
October 1, 1988, $100,000,000, to remain available until expended.
CENTERS

FOR

DISEASE CONTROL

AND

PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

To carry out titles II, III, VII, XI, XV, XVII, XIX and XXVI
of the Public Health Service Act, sections 101, 102, 103, 201, 202,
203, 301, and 501 of the Federal Mine Safety and Health Act
of 1977, sections 20, 21 and 22 of the Occupational Safety and
Health Act of 1970, title IV of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of
1980; including insurance of official motor vehicles in foreign countries; and hire, maintenance, and operation of aircraft,
$2,558,520,000, of which $17,800,000 shall remain available until
expended for equipment and construction and renovation of facilities, and in addition, such sums as may be derived from authorized
user fees, which shall be credited to this account: Provided, That
in addition to amounts provided herein, up to $67,793,000 shall

112 STAT. 2681–349

42 USC 238k
note.

PUBLIC LAW 105–277—OCT. 21, 1998

be available from amounts available under section 241 of the Public
Health Service Act, to carry out the National Center for Health
Statistics surveys: Provided further, That none of the funds made
available for injury prevention and control at the Centers for Disease Control and Prevention may be used to advocate or promote
gun control: Provided further, That the Director may redirect the
total amount made available under authority of Public Law 101–
502, section 3, dated November 3, 1990, to activities the Director
may so designate: Provided further, That the Congress is to be
notified promptly of any such transfer: Provided further, That notwithstanding any other provison of law, a single contract or related
contracts for the development and construction of the infectious
disease laboratory through the General Services Administration
may be employed which collectively include the full scope of the
project: Provided further, That the solicitation and contract shall
contain the clause ‘‘availability of funds’’ found at 48 CFR 52.232–
18: Provided further, That hereinafter obligations may be incurred
related to agreement with private entities without receipt of
advance payment.
In addition, $51,000,000, to be derived from the Violent Crime
Reduction Trust Fund, for carrying out sections 40151 and 40261
of Public Law 103–322.
NATIONAL INSTITUTES

OF

HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $2,927,187,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $1,793,697,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $234,338,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY
DISEASES

For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease, $994,218,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$903,278,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$1,570,102,000.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–350

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,197,825,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$750,982,000.
NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$395,857,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental health
sciences, $375,743,000.
NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $596,521,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN
DISEASES

For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $308,164,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION
DISORDERS

For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders, $229,887,000.
NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $69,834,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism,
$259,747,000.
NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $603,274,000.
NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $861,208,000.

112 STAT. 2681–351

PUBLIC LAW 105–277—OCT. 21, 1998
NATIONAL HUMAN GENOME RESEARCH INSTITUTE

For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $264,892,000.
NATIONAL CENTER FOR RESEARCH RESOURCES

For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $554,819,000: Provided, That none of these funds
shall be used to pay recipients of the general research support
grants program any amount for indirect expenses in connection
with such grants: Provided further, That $30,000,000 shall be for
extramural facilities construction grants.
JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities at the John E. Fogarty International Center, $35,426,000.
NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$181,309,000, of which $4,000,000 shall be available until expended
for improvement of information systems: Provided, That in fiscal
year 1999, the Library may enter into personal services contracts
for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)

For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $306,559,000, of which $43,493,000
shall be for the Office of AIDS Research: Provided, That funding
shall be available for the purchase of not to exceed twenty-nine
passenger motor vehicles for replacement only: Provided further,
That the Director may direct up to 1 percent of the total amount
made available in this or any other Act to all National Institutes
of Health appropriations to activities the Director may so designate:
Provided further, That no such appropriation shall be decreased
by more than 1 percent by any such transfers and that the Congress
is promptly notified of the transfer: Provided further, That NIH
is authorized to collect third party payments for the cost of clinical
services that are incurred in National Institutes of Health research
facilities and that such payments shall be credited to the National
Institutes of Health Management Fund: Provided further, That
all funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which they
are deposited: Provided further, That up to $500,000 shall be available to carry out section 499 of the Public Health Service Act:
Provided further, That, notwithstanding section 499(k)(10) of the
Public Health Service Act, funds from the National Foundation
for Biomedical Research may be transferred to the National
Institutes of Health: Provided further, That $50,000,000 shall be
available to carry out section 404E of the Public Health Service
Act.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–352

BUILDINGS AND FACILITIES

For the study of, construction of, and acquisition of equipment
for, facilities of or used by the National Institutes of Health, including the acquisition of real property, $237,519,000, to remain available until expended, of which $90,000,000 of the fiscal year 1999
funds shall be for the clinical research center and $40,000,000
shall become available on October 1, 1999 and $9,143,000 shall
be for the Vaccine Facility: Provided, That notwithstanding any
other provision of law, a single contract or related contracts for
the development and construction of the clinical research center
may be employed which collectively include the full scope of the
project: Provided further, That the solicitation and contract shall
contain the clause ‘‘availability of funds’’ found at 48 CFR 52.232–
18.
SUBSTANCE ABUSE

AND

MENTAL HEALTH SERVICES ADMINISTRATION

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

For carrying out titles V and XIX of the Public Health Service
Act with respect to substance abuse and mental health services,
the Protection and Advocacy for Mentally Ill Individuals Act of
1986, and section 301 of the Public Health Service Act with respect
to program management, $2,488,005,000: Provided, That of the
amount provided, $300,000 shall be for the Philadelphia City-wide
Improvement and Planning Agency.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED
OFFICERS

For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments under
the Retired Serviceman’s Family Protection Plan and Survivor
Benefit Plan, for medical care of dependents and retired personnel
under the Dependents’ Medical Care Act (10 U.S.C. ch. 55), and
for payments pursuant to section 229(b) of the Social Security
Act (42 U.S.C. 429(b)), such amounts as may be required during
the current fiscal year.
AGENCY

FOR

HEALTH CARE POLICY

AND

RESEARCH

HEALTH CARE POLICY AND RESEARCH

For carrying out titles III and IX of the Public Health Service
Act, and part A of title XI of the Social Security Act, $100,408,000;
in addition, amounts received from Freedom of Information Act
fees, reimbursable and interagency agreements, and the sale of
data tapes shall be credited to this appropriation and shall remain
available until expended: Provided, That the amount made available
pursuant to section 926(b) of the Public Health Service Act shall
not exceed $70,647,000.

112 STAT. 2681–353

PUBLIC LAW 105–277—OCT. 21, 1998
HEALTH CARE FINANCING ADMINISTRATION
GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $74,593,733,000, to remain available
until expended.
For making, after May 31, 1999, payments to States under
title XIX of the Social Security Act for the last quarter of fiscal
year 1999 for unanticipated costs, incurred for the current fiscal
year, such sums as may be necessary.
For making payments to States under title XIX of the Social
Security Act for the first quarter of fiscal year 2000,
$28,733,605,000, to remain available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under
sections 217(g) and 1844 of the Social Security Act, sections 103(c)
and 111(d) of the Social Security Amendments of 1965, section
278(d) of Public Law 97–248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$62,953,000,000.
PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII,
XIX and XXI of the Social Security Act, titles XIII and XXVII
of the Public Health Service Act, and the Clinical Laboratory
Improvement Amendments of 1988, not to exceed $1,946,500,000
to be transferred from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as authorized by section 201(g) of the Social Security Act; together with
all funds collected in accordance with section 353 of the Public
Health Service Act and such sums as may be collected from authorized user fees and the sale of data, which shall remain available
until expended, and together with administrative fees collected
relative to Medicare overpayment recovery activities, which shall
remain available until expended: Provided, That all funds derived
in accordance with 31 U.S.C. 9701 from organizations established
under title XIII of the Public Health Service Act shall be credited
to and available for carrying out the purposes of this appropriation:
Provided further, That $1,000,000 shall be for carrying out section
4021 of Public Law 105–33: Provided further, That $45,000,000
appropriated under this heading for the transition to a single Part
A and Part B processing system and for Year 2000 century date
change conversion requirements of external contractor systems shall
remain available until expended: Provided further, That $2,000,000
of the amount available for research, demonstration, and evaluation
activities shall be available to continue carrying out demonstration
projects on Medicaid coverage of community-based attendant care
services for people with disabilities which ensures maximum control
by the consumer to select and manage their attendant care services:

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–354

Provided further, That funds appropriated under this heading may
be obligated to increase Medicare provider audits and implement
the Department’s corrective action plan to the Chief Financial Officer’s audit of the Health Care Financing Administration’s oversight
of Medicare: Provided further, That the Secretary of Health and
Human Services is directed to collect, in aggregate, $95,000,000
in fees in fiscal year 1999 from Medicare∂Choice organizations
pursuant to section 1857(e)(2) of the Social Security Act and from
eligible organizations with risk-sharing contracts under section 1876
of that Act pursuant to section 1876(k)(4)(D) of that Act.
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE
FUND

For carrying out subsections (d) and (e) of section 1308 of
the Public Health Service Act, any amounts received by the Secretary in connection with loans and loan guarantees under title
XIII of the Public Health Service Act, to be available without
fiscal year limitation for the payment of outstanding obligations.
During fiscal year 1999, no commitments for direct loans or loan
guarantees shall be made.
ADMINISTRATION

FOR

CHILDREN

AND

FAMILIES

FAMILY SUPPORT PAYMENTS TO STATES

For making payments to States or other non-Federal entities
under titles I, IV–D, X, XI, XIV, and XVI of the Social Security
Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), to remain
available until expended, $1,989,000,000; and for such purposes
for the first quarter of fiscal year 2000, $750,000,000.
For making payments to each State for carrying out the program of Aid to Families with Dependent Children under title IV–
A of the Social Security Act before the effective date of the program
of Temporary Assistance to Needy Families (TANF) with respect
to such State, such sums as may be necessary: Provided, That
the sum of the amounts available to a State with respect to expenditures under such title IV–A in fiscal year 1997 under this appropriation and under such title IV–A as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 shall
not exceed the limitations under section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments
to States or other non-Federal entities under titles I, IV–D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July
5, 1960 (24 U.S.C. ch. 9), for the last three months of the current
year for unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.
LOW INCOME HOME ENERGY ASSISTANCE

For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,100,000,000, to be available for obligation in the period October 1, 1999 through September 30, 2000.
For making payments under title XXVI of such Act,
$300,000,000: Provided, That these funds are hereby designated
by Congress to be emergency requirements pursuant to section
251(b)(2)(A) of the Balanced Budget and Deficit Emergency Control
Act of 1985: Provided further, That these funds shall be made

112 STAT. 2681–355

PUBLIC LAW 105–277—OCT. 21, 1998

available only after submission to Congress of a formal budget
request by the President 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.
REFUGEE AND ENTRANT ASSISTANCE

For making payments for refugee and entrant assistance activities authorized by title IV of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of
1980 (Public Law 96–422), $415,000,000: Provided, That funds
appropriated pursuant to section 414(a) of the Immigration and
Nationality Act under Public Law 104–208 for fiscal year 1997
shall be available for the costs of assistance provided and other
activities conducted in such year and in fiscal years 1998 and
1999.
CHILD CARE AND DEVELOPMENT BLOCK GRANT

For carrying out sections 658A through 658R of the Omnibus
Budget Reconciliation Act of 1981 (The Child Care and Development
Block Grant Act of 1990), to become available on October 1, 1999
and remain available through September 30, 2000, $1,182,672,000:
Provided, That $19,120,000 shall be available for child care resource
and referral and school-aged child care activities: Provided further,
That of the funds provided for fiscal year 1999 under Public Law
105–78, $50,000,000 shall be reserved by the States for activities
authorized under section 658G of the Omnibus Budget Reconciliation Act of 1981 (the Child Care and Development Block Grant
Act of 1990), such funds to be in addition to the amounts required
to be reserved by States under such section 658G: Provided further,
That of the funds provided for fiscal year 2000 $222,672,000 shall
be reserved by the States for activities authorized under section
658G of the Omnibus Budget Reconciliation Act of 1981 (The Child
Care and Development Block Grant Act of 1990), such funds to
be in addition to the amounts required to be reserved by the
States under such section 658G: Provided further, That of the
funds provided for fiscal year 2000, $10,000,000 shall be for use
by the Secretary for child care research, demonstration and evaluation activities (directly or by grants or contracts).
SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of the
Social Security Act, $1,909,000,000: Provided, That (1) notwithstanding section 2003(c) of such Act, as amended, the amount
specified for allocation under such section for fiscal year 1999 shall
be $1,909,000,000 and (2) notwithstanding subparagraph (B) of
section 404(d)(2) of such Act, the applicable percent specified under
such subparagraph for a State to carry out State programs pursuant
to title XX of such Act for fiscal years 1999 and 2000 shall be
10 percent.
CHILDREN AND FAMILIES SERVICES PROGRAMS
(INCLUDING RESCISSIONS)

For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities Assistance

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–356

and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act (including section 105(a)(2) of the Child
Abuse Prevention and Treatment Act), the Native American Programs Act of 1974, title II of Public Law 95–266 (adoption opportunities), the Adoption and Safe Families Act of 1997 (Public Law
105–89), the Abandoned Infants Assistance Act of 1988, part B(1)
of title IV and sections 413, 429A, 1110, and 1115 of the Social
Security Act; for making payments under the Community Services
Block Grant Act; and for necessary administrative expenses to
carry out said Acts and titles I, IV, X, XI, XIV, XVI, and XX
of the Social Security Act, the Act of July 5, 1960 (24 U.S.C.
ch. 9), the Omnibus Budget Reconciliation Act of 1981, title IV
of the Immigration and Nationality Act, section 501 of the Refugee
Education Assistance Act of 1980, sections 40155, 40211 and 40241
of Public Law 103–322 and section 126 and titles IV and V of
Public Law 100–485, $6,032,087,000, of which $10,000,000 shall
be used to establish Individual Development Accounts, for the purpose of encouraging low-income families and individuals to acquire
productive assets, contingent upon enactment of authorizing legislation, and of which $20,000,000, to remain available until September
30, 2000, shall be for grants to States for adoption incentive payments, as authorized by section 473A of title IV of the Social
Security Act (42 U.S.C. 670–679); of which $563,565,000 shall be
for making payments under the Community Services Block Grant
Act; and of which $4,660,000,000 shall be for making payments
under the Head Start Act: Provided, That, notwithstanding section
640(a)(6), of the funds made available for the Head Start Act,
$337,500,000 shall be set aside for the Head Start Program for
Families with Infants and Toddlers (Early Head Start): Provided
further, That to the extent Community Services Block Grant funds
are distributed as grant funds by a State to an eligible entity
as provided under the Act, and have not been expended by such
entity, they shall remain with such entity for carryover into the
next fiscal year for expenditure by such entity consistent with
program purposes.
In addition, $105,000,000, to be derived from the Violent Crime
Reduction Trust Fund for carrying out sections 40155, 40211 and
40241 of Public Law 103–322.
Funds appropriated for fiscal year 1999 under section 429A(e),
part B of title IV of the Social Security Act shall be reduced
by $6,000,000.
Funds appropriated for fiscal year 1999 under section 413(h)(1)
of the Social Security Act shall be reduced by $15,000,000.
FAMILY PRESERVATION AND SUPPORT

For carrying out section 430 of the Social Security Act,
$275,000,000.
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE

For making payments to States or other non-Federal entities
under title IV–E of the Social Security Act, $3,764,000,000.
For making payments to States or other non-Federal entities
under title IV–E of the Social Security Act, for the first quarter
of fiscal year 2000, $1,355,000,000.

112 STAT. 2681–357

PUBLIC LAW 105–277—OCT. 21, 1998
ADMINISTRATION

ON

AGING

AGING SERVICES PROGRAMS

For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965, as amended, and sections 339A,
398, and 399 of the Public Health Service Act, $882,020,000: Provided, That notwithstanding section 308(b)(1) of the Older Americans Act of 1965, as amended, the amounts available to each State
for administration of the State plan under title III of such Act
shall be reduced not more than 5 percent below the amount that
was available to such State for such purpose for fiscal year 1995:
Provided further, That in considering grant applications for nutrition services for elder Indian recipients, the Assistant Secretary
shall provide maximum flexibility to applicants who seek to take
into account subsistence, local customs, and other characteristics
that are appropriate to the unique cultural, regional, and geographic
needs of the American Indian, Alaska and Hawaiian Native communities to be served.
OFFICE

OF THE

SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for
carrying out titles III, XVII, and XX of the Public Health Service
Act, and the United States-Mexico Border Health Commission Act,
$180,051,000, together with $5,851,000, to be transferred and
expended as authorized by section 201(g)(1) of the Social Security
Act from the Hospital Insurance Trust Fund and the Supplemental
Medical Insurance Trust Fund: Provided, That of the funds made
available under this heading for carrying out title XVII of the
Public Health Service Act, $1,000,000 shall be available until
expended for extramural construction: Provided further, That
$890,000 shall be for a contract with the National Academy of
Sciences to conduct a study of all the available scientific literature
examining the cause-and-effect relationship between repetitive
tasks in the workplace and musculoskeletal disorders: Provided
further, That said contract shall be awarded not later than January
1, 1999.
OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $29,000,000.
OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights,
$17,345,000, together with not to exceed $3,314,000, to be transferred and expended as authorized by section 201(g)(1) of the Social
Security Act from the Hospital Insurance Trust Fund and the
Supplemental Medical Insurance Trust Fund.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–358

POLICY RESEARCH

For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act, $14,000,000.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For expenses necessary to support activities related to countering potential biological, disease and chemical threats to civilian
populations, $216,922,000: Provided, That the entire amount is
hereby designated by Congress to be emergency requirements
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent that
an official budget request for $216,922,000, 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 of the amount provided
under this heading, $51,000,000, to remain available until expended, shall be for pharmaceutical and vaccine stockpiling activities at the Centers for Disease Control and Prevention; and
$3,000,000 shall be for the renovation and modernization of the
Noble Army Hospital facility at Fort McClellan, Alabama; and
$322,000 shall be in payment to the health department of Calhoun
County, Michigan: Provided further, That no funds shall be obligated until the Department of Health and Human Services submits
an operating plan to the House and Senate Committees on Appropriations.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be available
for not to exceed $37,000 for official reception and representation
expenses when specifically approved by the Secretary.
SEC. 202. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service
to assist in child survival activities and to work in AIDS programs
through and with funds provided by the Agency for International
Development, the United Nations International Children’s Emergency Fund or the World Health Organization.
SEC. 203. None of the funds appropriated under this Act may
be used to implement section 399L(b) of the Public Health Service
Act or section 1503 of the National Institutes of Health Revitalization Act of 1993, Public Law 103–43.
SEC. 204. None of the funds appropriated in this Act for the
National Institutes of Health and the Substance Abuse and Mental
Health Services Administration shall be used to pay the salary
of an individual, through a grant or other extramural mechanism,
at a rate in excess of Executive Level III.
SEC. 205. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act, or for
other taps and assessments made by any office located in the
Department of Health and Human Services, prior to the Secretary’s
preparation and submission of a report to the Committee on Appropriations of the Senate and of the House detailing the planned
uses of such funds.

112 STAT. 2681–359
42 USC 3015
note.

PUBLIC LAW 105–277—OCT. 21, 1998

SEC. 206. None of the funds appropriated in this Act or subsequent Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Acts, may be obligated or expended for the Federal Council on Aging under the
Older Americans Act or the Advisory Board on Child Abuse and
Neglect under the Child Abuse Prevention and Treatment Act.
(TRANSFER OF FUNDS)

5 USC 7905 note.

SEC. 207. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act, as amended) which are appropriated for the current fiscal
year for the Department of Health and Human Services in this
Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the Appropriations Committees of both
Houses of Congress are notified at least fifteen days in advance
of any transfer.
SEC. 208. The Director of the National Institutes of Health,
jointly with the Director of the Office of AIDS Research, may
transfer up to 3 percent among institutes, centers, and divisions
from the total amounts identified by these two Directors as funding
for research pertaining to the human immunodeficiency virus: Provided, That the Congress is promptly notified of the transfer.
SEC. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to
the human immunodeficiency virus, as jointly determined by the
Director of NIH and the Director of the Office of AIDS Research,
shall be made available to the ‘‘Office of AIDS Research’’ account.
The Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3)
of the Public Health Service Act.
SEC. 210. Funds appropriated in this Act or subsequent Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Acts, for the National Institutes
of Health may be used to provide transit subsidies in amounts
consistent with the transportation subsidy programs authorized
under section 629 of Public Law 101–509 to non-FTE bearing positions including trainees, visiting fellows and volunteers.
SEC. 211. None of the funds appropriated in this Act may
be made available to any entity under title X of the Public Health
Service Act unless the applicant for the award certifies to the
Secretary that it encourages family participation in the decision
of minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce minors
into engaging in sexual activities.
SEC. 212. Subsection (b)(1)(H) of section 401 of the Public
Health Service Act (42 U.S.C. 281 (b)(1)(H)) is amended by striking
‘‘National Institute of Dental Research’’ and inserting ‘‘National
Institute of Dental and Craniofacial Research’’.
SEC. 213. (a) The final rule entitled ‘‘Organ Procurement and
Transplantation Network’’, promulgated by the Secretary of Health
and Human Services on April 2, 1998 (63 FR 16295 et seq.) (relating
to part 121 of title 42, Code of Federal Regulations), shall not
become effective before the expiration of the 1-year period beginning
on the date of the enactment of this Act.
(b)(1) The Institute of Medicine under contract with and subject
to review by the Comptroller General, in consultation with the

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–360

Secretary and with the Organ Procurement and Transplantation
Network (in this section referred to as the ‘‘OPTN’’), shall conduct
a review of the current polices of the OPTN and the final rule
specified in subsection (a) in order to determine the following:
(A) The potential impact on access to transplantation services for low-income populations and for racial and ethnic minority groups. With respect to State policies in carrying out the
program under title XIX of the Social Security Act, the determination made under this subparagraph shall include determining the impact of such policies regarding payment for services for patients that are provided to the patients outside of
the States in which the patients reside.
(B) With respect to organ procurement organizations (qualified under section 371 of the Public Health Service Act):
(i) The potential impact on the ability of the organizations to facilitate an appropriate rate of organ donation
within the service areas of the organizations.
(ii) The reasons underlying the variations in performance among such organizations.
(iii) The potential impact of requiring sharing of organs
based on medical criteria instead of geography on the ability of the organizations to facilitate an appropriate rate
of organ donation within the service areas of the organizations.
(C) The potential impact on waiting times for organ transplants, including determinations specific to the various
geographic regions of the United States, and if practicable,
waiting times for each transplant center by organ and medical
status category. The determination made under this subparagraph shall include determining the impact of recent changes
made by the OPTN in patient listing criteria and in measures
of medical status.
(D) The potential impact on patient survival rates and
organ failure rates which lead to retransplantation, including
any variance by income status, ethnicity, gender, race, or blood
type.
(E) The potential impact on the costs of organ transplantation services.
(F) The potential impact on the liability, under State laws
and procedures regarding peer review, of members of the OPTN.
(G) The potential impact on the confidential status of
information that relates to the transplantation of organs.
(H) Recommendations, if any, to change existing policies
and the final rule.
(2)(A) Not later than May 1, 1999, the Comptroller General
of the United States shall submit to the congressional committees
specified in subparagraph (B) a report describing the results of
the review conducted under paragraph (1).
(B) The congressional committees referred to in subparagraph
(A) are the Committee on Commerce of the House of Representatives, the Committee on Appropriations of the House, the Committee
on Labor and Human Resources of the Senate, and the Committee
on Appropriations of the Senate.
(c)(1) Beginning promptly after the date of the enactment of
this Act, the Secretary may conduct a series of discussions with
the OPTN in order to resolve issues raised by the final rule referred
to in subsection (a).

112 STAT. 2681–361

Effective date.
42 USC 1397b
note.

PUBLIC LAW 105–277—OCT. 21, 1998

(2) The Secretary and the OPTN may utilize the services of
a mediator in conducting the discussions under paragraph (1). An
individual may not be selected to serve as the mediator unless
the Secretary and the OPTN both approve the selection of the
individual to so serve, and the individual agrees that, not later
than June 30, 1999, the individual will submit to the congressional
committees specified in subsection (b)(2)(B) a report describing the
extent of progress that has been made through the discussions
under paragraph (1).
(d)(1) Beginning on the date of enactment of this Act, the
OPTN shall provide to the Secretary, the Institutes of Medicine,
and the Comptroller General, upon request, any data necessary
to assess the effectiveness of the Nation’s organ donation, procurement and organ allocation systems, or to assess the quality of
care provided to all transplant patients, and analysis of such data
in a scientifically and clinically valid manner. If necessary, the
OPTN may provide additional data as they deem appropriate.
(2) The OPTN shall make available to the public timely and
accurate program-specific information on the performance of transplant programs. These data shall be updated as frequently as
possible, and the OPTN shall work to shorten the time period
for data collection and analysis in producing its center-specific
outcomes report, including severity adjusted long term survival
rates. Such data shall also include such other cost or performance
information including but not limited to transplant program-specific
information on waiting time within medical status, organ waitings,
and refusal of organ offers.
(e) Data provided under subsection (d) shall be specific (if
possible) to individual transplant centers and must be determined
in a scientifically and clinically valid manner.
(f) Any disclosure of patient specific medical information under
subsection (d) shall be subject to the restrictions contained in the
Freedom of Information Act, the Privacy Act, and State laws.
(g) Of the amount appropriated in this title for ‘‘OFFICE OF
THE SECRETARY-GENERAL DEPARTMENTAL MANAGEMENT’’, $500,000
shall, not later than 30 days after the date of the enactment
of this Act, be transferred to the Comptroller General for purposes
of carrying out the studies required and specified in this section.
(h) For purposes of this section:
(1) The term ‘‘Comptroller General’’ means the Comptroller
General of the United States.
(2) The term ‘‘Organ Procurement and Transplantation
Network’’ means the network operated under section 372 of
the Public Health Service Act.
(3) The term ‘‘Secretary’’ means the Secretary of Health
and Human Services.
SEC. 214. (a) Section 2003(c) of the Social Security Act (42
U.S.C. 1397b(c)) is amended by striking paragraph (8) and inserting
the following:
‘‘(8) $2,299,000,000 for the fiscal year 1998;’’.
(b) The amendment made by this section takes effect immediately after the amendments made by section 8401 of the Transportation Equity Act for the 21st Century take effect.
SEC. 215. The Consolidated Laboratory Building (Building 50)
at the National Institutes of Health is hereby named the Louis
Stokes Laboratories.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–362

SEC. 216. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out
the Medicare∂Choice program if the Secretary denies participation
in such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary
that it will not provide, pay for, provide coverage of, or provide
referrals for abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment to
such an entity (based on an actuarially sound estimate of the
expected costs of providing the service to such entity’s enrollees):
Provided further, That nothing in this section shall be construed
to change the Medicare program’s coverage for such services and
a Medicare∂Choice organization described in this section shall
be responsible for informing enrollees where to obtain information
about all Medicare covered services.
SEC. 217. The Vaccine Research Facility (Building 40) at the
National Institutes of Health is hereby named the Dale and Betty
Bumpers Vaccine Research Facility.
SEC. 218. (a) MENTAL HEALTH.—Section 1918(b) of the Public
Health Service Act (42 U.S.C. 300x–7(b)) is amended to read as
follows:
‘‘(b) MINIMUM ALLOTMENTS FOR STATES.—
‘‘(1) IN GENERAL.—With respect to fiscal year 1999, the
amount of the allotment of a State under section 1911 shall
not be less than the amount the State received under section
1911 for fiscal year 1998.
(b) SUBSTANCE ABUSE.—Section 1933(b) of the Public Health
Service Act (42 U.S.C. 300x–33(b)) is amended to read as follows:
‘‘(b) MINIMUM ALLOTMENTS FOR STATES.—
‘‘(1) IN GENERAL.—With respect to fiscal year 1999, the
amount of the allotment of a State under section 1921 shall
not be less than the amount the State received under section
1921 for fiscal year 1998 increased by 30.65 percent of the
percentage by which the amount allotted to the States for
fiscal year 1999 exceeds the amount allotted to the States
for fiscal year 1998.
‘‘(2) LIMITATION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), a State shall not receive an allotment under section
1921 for fiscal year 1999 in an amount that is less than
an amount equal to 0.375 percent of the amount appropriated under section 1935(a) for such fiscal year.
‘‘(B) EXCEPTION.—In applying subparagraph (A), the
Secretary shall ensure that no State receives an increase
in its allotment under section 1921 for fiscal year 1999
(as compared to the amount allotted to the State in the
fiscal year 1998) that is in excess of an amount equal
to 300 percent of the percentage by which the amount
appropriated under section 1935(a) for fiscal year 1999
exceeds the amount appropriated for the prior fiscal year.
‘‘(3) Only for the purposes of calculating minimum allotments under this subsection, any reference to the amount
appropriated under section 1935(a) for fiscal year 1998, allotments to States under section 21 and any references to amounts
received by States in fiscal year 1998 shall include amounts
appropriated or received under the amendments made by

112 STAT. 2681–363

42 USC 300x–7
note.

Department of
Education
Appropriations
Act, 1999.

PUBLIC LAW 105–277—OCT. 21, 1998

section 105 of the Contract with America Advancement Act
of 1996 (Public Law 104–121).’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by subsections
(a) and (b) shall become effective as if enacted on October
1, 1998 and shall only apply during fiscal year 1999.
(2) APPLICATION.—Upon the expiration of the fiscal year
described in paragraph (1), the provisions of sections 1918(b)
and 1933(b) of the Public Health Service Act (42 U.S.C. 300x–
7(b) and 300x–33(b)), as in effect on September 30, 1998, shall
be applied as if the amendments made by this section had
not been enacted.
SEC. 219. Notwithstanding any other provision of law, no provider of services under title X of the Public Health Service Act
shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape,
or incest.
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 1999’’.
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION REFORM

For carrying out activities authorized by titles III and IV of
the Goals 2000: Educate America Act, the School-to-Work
Opportunities Act, and sections 3122, 3132, 3136, and 3141 and
parts B, C, and D of title III of the Elementary and Secondary
Education Act of 1965, $1,314,100,000, of which $491,000,000 for
the Goals 2000: Educate America Act and $125,000,000 for the
School-to-Work Opportunities Act shall become available on July
1, 1999 and remain available through September 30, 2000, and
of which $87,000,000 shall be for section 3122: Provided, That
none of the funds appropriated under this heading shall be obligated
or expended to carry out section 304(a)(2)(A) of the Goals 2000:
Educate America Act, except that no more than $1,500,000 may
be used to carry out activities under section 314(a)(2) of that Act:
Provided further, That section 315(a)(2) of the Goals 2000 Act
shall not apply: Provided further, That up to one-half of 1 percent
of the amount available under section 3132 shall be set aside
for the outlying areas, to be distributed on the basis of their relative
need as determined by the Secretary in accordance with the purposes of the program: Provided further, That if any State educational agency does not apply for a grant under section 3132,
that State’s allotment under section 3131 shall be reserved by
the Secretary for grants to local educational agencies in that State
that apply directly to the Secretary according to the terms and
conditions published by the Secretary in the Federal Register: Provided further, That $22,000,000 of the funds made available under
section 3136 shall be for a competition consistent with the subjects
outlined in the House and Senate reports and the statement of
the managers, and that such competition should be administered
in a manner consistent with the authorizing legislation and current
departmental practices and policies: Provided further, That
$9,850,000 of the funds made available for star schools shall be
for a competition consistent with the language outlined in the
House and Senate reports and the statement of the managers,
and that such competition should be administered in a manner

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–364

consistent with current departmental practices and policies: Provided further, That $8,000,000 shall be awarded to continue and
expand the Iowa Communications Network statewide fiber optic
demonstration project, and $800,000 shall be awarded to the School
of Agriculture and Land Resources Management at the University
of Alaska, Fairbanks to enhance distance delivery of natural
resources management courses; $350,000 shall be for multi-media
classrooms for the rural education technology center at the Western
Montana College in Dillon, Montana: Provided further, That of
the funds made available for section 3136, $2,500,000 shall be
to establish the RUNet 2000 project at Rutgers, The State University of New Jersey; $500,000 shall be for state-of-the-art information
technology systems at Mansfield University, Mansfield, Pennsylvania; $1,000,000 shall be for professional development for technology training at the Krell Institute, Ames, Iowa; $850,000 shall
be for Internet-based curriculum at the State of Alaska, Department
of Education; $2,000,000 shall be for ‘‘Magnet E-School’’ technology
training and curriculum initiative at the Hawaii Department of
Education; $600,000 shall be for technology in the classroom pilot
program for the Green Bay Public School System, Green Bay,
Wisconsin; $250,000 shall be for the ‘‘Passport to Chicago Community Network’’ technology training project; $1,200,000 for LEARN
North Carolina and the University of North Carolina at Chapel
Hill; and $1,500,000 for the Iowa Department of Education for
community college grants to low-income schools for technology.
EDUCATION FOR THE DISADVANTAGED

For carrying out title I of the Elementary and Secondary Education Act of 1965, and section 418A of the Higher Education
Act, $8,370,520,000, of which $2,198,134,000 shall become available
on July 1, 1999, and shall remain available through September
30, 2000, and of which $6,148,386,000 shall become available on
October 1, 1999 and shall remain available through September
30, 2000, for academic year 1999–2000: Provided, That
$6,574,000,000 shall be available for basic grants under section
1124: Provided further, That up to $3,500,000 of these funds shall
be available to the Secretary on October 1, 1998, to obtain updated
local-educational-agency-level census poverty data from the Bureau
of the Census: Provided further, That $1,102,020,000 shall be available for concentration grants under section 1124A, $7,500,000 shall
be available for evaluations under section 1501 and not more than
$8,500,000 shall be reserved for section 1308, of which not more
than $3,000,000 shall be reserved for section 1308(d): Provided
further, That grant awards under section 1124 and 1124A of title
I of the Elementary and Secondary Education Act shall be made
to each State or local educational agency at no less than 100
percent of the amount such State or local educational agency
received under this authority for fiscal year 1998: Provided further,
That $120,000,000 shall be available under section 1002(g)(2) to
demonstrate effective approaches to comprehensive school reform
to be allocated and expended in accordance with the instructions
relating to this activity in the statement of the managers on the
conference report accompanying Public Law 105–78 and in the
statement of the managers on the conference report accompanying
this Act: Provided further, That in carrying out this initiative,
the Secretary and the States shall support only approaches that
show the most promise of enabling children served by title I to

112 STAT. 2681–365

PUBLIC LAW 105–277—OCT. 21, 1998

meet challenging State content standards and challenging State
student performance standards based on reliable research and effective practices, and include an emphasis on basic academics and
parental involvement: Provided further, That no funds appropriated
under section 1002(g)(2) shall be available for section 1503.
IMPACT AID

20 USC 7702.

For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $864,000,000, of which
$704,000,000 shall be for basic support payments under section
8003(b), $50,000,000 shall be for payments for children with disabilities under section 8003(d), $70,000,000, to remain available until
expended, shall be for payments under section 8003(f), $7,000,000
shall be for construction under section 8007, and $28,000,000 shall
be for Federal property payments under section 8002 and $5,000,000
to remain available until expended shall be for facilities maintenance under section 8008: Provided, That Section 8002(f) of the
Elementary and Secondary Education Act of 1965 is amended—
(1) by inserting ‘‘(1)’’ after the subsection heading; and
(2) by adding a new paragraph (2) at the end to read
as follows:
‘‘(2) For each fiscal year beginning with fiscal year 1999,
the Secretary shall treat the Webster School District, Day
County, South Dakota as meeting the eligibility requirements
of subsection (a)(1)(C) of this section.’’:
Provided further, That Section 8002 of the Elementary and Secondary Education Act of 1965 is amended by adding at the end thereof
a new subsection (k) to read as follows:
‘‘(k) SPECIAL RULE.—For purposes of payments under this section for each fiscal year beginning with fiscal year 1998—
‘‘(1) the Secretary shall, for the Stanley County, South
Dakota local educational agency, calculate payments as if subsection (e) had been in effect for fiscal year 1994; and
‘‘(2) the Secretary shall treat the Delaware Valley, Pennsylvania local educational agency as if it had filed a timely application under section 2 of Public Law 81–874 for fiscal year 1994.’’:
Provided further, That (a) from the funds appropriated for payments
to local educational agencies under section 8003(f) of the Elementary
and Secondary Education Act of 1965 (ESEA) for fiscal year 1999,
the Secretary of Education shall distribute supplemental payments
for certain local educational agencies, as follows:
(1) First, from the amount of $68,000,000, the Secretary
shall make supplemental payments to the following agencies
under section 8003(b) of the ESEA:
(A) Local educational agencies that received assistance
under section 8003(f) for fiscal year 1998.
(B) Local educational agencies with Impact Aid
applicant numbers 20–0019, 51–0504, 51–2801, 51–1903,
51–0010, 51–4203, 51–2101, 51–0811, and 51–0904.
(C) Any eligible local educational agency with at least
25,000 children in average daily attendance, at least 55
percent federally connected children described in section
8003(a)(1) in average daily attendance, and at least 6,500
children described in sections 8003(a)(1)(A) and (B) in average daily attendance.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–366

(2) From the remaining $2,000,000 and any amounts available after making payments under paragraph (1), the Secretary
shall then make supplemental payments to local educational
agencies that are not described in paragraph (1) of this subsection, but that meet the requirements of paragraphs (2) and
(4) of section 8003(f) of the ESEA for fiscal year 1999, except
that such agencies may count for purposes of eligibility for
these supplemental payments, all students described in section
8003(a)(1).
(3) After making payments under section 8003(f) to all
eligible applicants for fiscal years before fiscal year 1999, the
Secretary shall use the combined amount of any funds remaining available under that subsection, and any amounts that
may remain for fiscal year 1999 after making payments under
paragraphs (1) and (2) of this subsection, to make the following
payments:
(A) First, an amount not to exceed $3,000,000 to Impact
Aid applicant number 20–0019.
(B) Second, from any remaining funds, an amount not
to exceed $3,000,000 to Impact Aid applicant number 53–
0061.
(C) Third, from any remaining funds, increased basic
support payments under section 8003(b) for all eligible
applicants.
(b) In calculating the amounts of supplemental payments for
agencies described in subparagraphs (1)(A) and (B) and paragraph
(2) of subsection (a), the Secretary shall use the formula contained
in section 8003(b)(1)(C) of the ESEA, except that—
(1) eligible local educational agencies may count all children
described in section 8003(a)(1) in computing the amount of
those payments;
(2) maximum payments for any of those agencies that
use local contribution rates identified in section 8003(b)(1)(C)(i)
or (ii) shall be computed by using four-fifths instead of onehalf of those rates;
(3) the learning opportunity threshold percentage of all
such agencies under section 8003(b)(2)(B) shall be deemed to
be 100;
(4) for an eligible local educational agency with 35 percent
or more of its children in average daily attendance described
in either subparagraph (D) or (E) of section 8003(a)(1), the
weighted student unit figure from its regular basic support
payment shall be recomputed by using a factor of 0.55 for
such children;
(5) for an eligible local educational agency with fewer than
100 children in average daily attendance, the weighted student
unit figure from its regular basic support payment shall be
recomputed by multiplying the total number of children
described in section 8003(a)(1) by a factor of 1.5; and
(6) for an eligible local educational agency whose total
number of children in average daily attendance is at least
100, but fewer than 750, the weighted student unit figure
from its regular basic support payment shall be recomputed
by multiplying the total number of children described in section
8003(a)(1) by a factor of 1.25.
(c) For a local educational agency described in subsection
(a)(1)(C) above, the Secretary shall use the formula contained in

112 STAT. 2681–367

PUBLIC LAW 105–277—OCT. 21, 1998

section 8003(b)(1)(C) of the ESEA, except that the weighted student
unit total from its regular basic support payment shall be increased
by 35 percent and its learning opportunity threshold percentage
shall be deemed to be 100.
(d) For each eligible local educational agency, the calculated
supplemental basic support payment shall be reduced by subtracting
the agency’s regular fiscal year 1999 section 8003(b) basic support
payment.
(e) The actual supplemental basic support payment that local
educational agencies receive shall be treated under section 8009
in the same manner as payments under section 8003(f).
(f) If the sums described in subsections (a)(1) and (2) above
are insufficient to pay in full the calculated supplemental basic
support payments for the local educational agencies identified in
those subsections, the Secretary shall ratably reduce the supplemental basic support payment to each local educational agency:
Provided further, That the Secretary of Education shall treat as
timely filed, and shall process for payment, an application for a
fiscal year 1998 payment from the local educational agency for
Prince Georges County, Maryland, under section 8003 of the
Elementary and Secondary Education Act of 1965 if the Secretary
has received that application not later than 30 days after the
enactment of this Act: Provided further, That from the amount
appropriated for section 8008 the Secretary shall award $500,000
to the Randolph Field Independent School District, Texas: Provided
further, That for the purposes of computing the amount of payment
for a local educational agency for children identified under section
8003, children residing in housing initially acquired or constructed
under section 801 of the Military Construction Authorization Act
of 1984, (Public Law 98–115) (‘‘Build to Lease’’ program) shall
be considered as children described under section 8003(a)(1)(B)
if the property described is within the fenced security perimeter
of the military facility upon which such housing is situated: Provided further, That if such property is not owned by the Federal
Government, is subject to taxation by a State or political subdivision
of a State, and thereby generates revenues for a local educational
agency which received a payment from the Secretary under section
8003, the Secretary shall:
(A) require such local educational agency to provide certification from an appropriate official of the Department of Defense
that such property is being used to provide military housing;
and
(B) reduce the amount of such payment by an amount
equal to the amount of revenue from such taxation received
in the second preceding fiscal year by such local educational
agency, unless the amount of such revenue was taken into
account by the State for such second preceding fiscal year
and already resulted in a reduction in the amount of State
aid paid to such local educational agency: Provided further,
That of the funds available for payments under section 8002,
the Secretary shall pay the San Diego, California, Centennial,
Pennsylvania, and Hatboro-Horsham, Pennsylvania, local educational agencies the sum of $500,000 each, in addition to
their regularly calculated payments, except that the total funds
these agencies receive under this section may not exceed 50
percent of their maximum section 8002 payments.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–368

SCHOOL IMPROVEMENT PROGRAMS

For carrying out school improvement activities authorized by
titles II, IV, V–A and B, VI, IX, X, XII and XIII of the Elementary
and Secondary Education Act of 1965; the Stewart B. McKinney
Homeless Assistance Act; and the Civil Rights Act of 1964 and
part B of VIII of the Higher Education Act; $2,811,134,000, of
which $2,381,300,000 shall become available on July 1, 1999, and
remain available through September 30, 2000: Provided, That of
the amount appropriated, $335,000,000 shall be for Eisenhower
professional development State grants under title II–B of the
Elementary and Secondary Education Act of 1965, and
$1,575,000,000 shall be for title VI, of which $1,200,000,000 shall
be available, notwithstanding any other provision of law, to carry
out title VI of the Elementary and Secondary Education Act of
1965 in accordance with section 307 of this Act, in order to reduce
class size, particularly in the early grades, using highly qualified
teachers to improve educational achievement for regular and special
needs children.
READING EXCELLENCE

For necessary expenses to carry out the Reading Excellence
Act, $260,000,000, which shall become available on July 1, 1999,
and shall remain available through September 30, 2000.
INDIAN EDUCATION

For expenses necessary to carry out, to the extent not otherwise
provided, title IX, part A of the Elementary and Secondary Education Act of 1965, as amended, $66,000,000.
BILINGUAL AND IMMIGRANT EDUCATION

For carrying out, to the extent not otherwise provided, bilingual,
foreign language and immigrant education activities authorized
by parts A and C and section 7203 of title VII of the Elementary
and Secondary Education Act of 1965, without regard to section
7103(b), $380,000,000: Provided, That State educational agencies
may use all, or any part of, their part C allocation for competitive
grants to local educational agencies.
SPECIAL EDUCATION

For carrying out the Individuals with Disabilities Education
Act, $5,124,146,000, of which $4,879,885,000 shall become available
for obligation on July 1, 1999, and shall remain available through
September 30, 2000: Provided, That $1,500,000 shall be awarded
to The Organizing Committee for The 1999 Special Olympics World
Summer Games and $1,500,000, to remain available until expended,
shall be for preparation and planning and shall be awarded to
The Organizing Committee of The 2001 Special Olympics World
Winter Games: Provided further, That $600,000 shall be for the
Early Childhood Development Project of the National Easter Seal
Society for the Mississippi Delta Region, which funds shall be
used to provide training, technical support, services, and equipment
to address personnel and other needs.

112 STAT. 2681–369

PUBLIC LAW 105–277—OCT. 21, 1998
REHABILITATION SERVICES AND DISABILITY RESEARCH

For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Technology-Related Assistance for
Individuals with Disabilities Act, or successor legislation and the
Helen Keller National Center Act, as amended, $2,652,584,000.
SPECIAL INSTITUTIONS

FOR

PERSONS WITH DISABILITIES

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, as amended (20
U.S.C. 101 et seq.), $8,661,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles
I and II of the Education of the Deaf Act of 1986 (20 U.S.C.
4301 et seq.), $45,500,000: Provided, That from the amount available, the Institute may at its discretion use funds for the endowment
program as authorized under section 207.
GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf
Act of 1986 (20 U.S.C. 4301 et seq.), $83,480,000: Provided, That
from the amount available, the University may at its discretion
use funds for the endowment program as authorized under section
207.
VOCATIONAL AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Vocational and Applied Technology Education Act
and the Adult Education and Family Literacy Act, $1,539,247,000,
of which $1,535,147,000 shall become available on July 1, 1999
and shall remain available through September 30, 2000: Provided,
That of the amounts made available for title II of the Carl D.
Perkins Vocational and Applied Technology Education Act,
$13,497,000 shall be used by the Secretary for national programs
under title IV, without regard to section 451: Provided further,
That, of the amounts made available for the Adult Education and
Family Literacy Act, $6,000,000 shall be for national leadership
activities under section 243 and $6,000,000 shall be for the National
Institute for Literacy under section 242: Provided further, That
no funds shall be awarded to a State Council under section 112(f)
of the Carl D. Perkins Vocational and Applied Technology Education
Act, and no State shall be required to operate such a Council.
STUDENT FINANCIAL ASSISTANCE

20 USC 1070a
note.

For carrying out subparts 1, 3 and 4 of part A, part C and
part E of title IV of the Higher Education Act of 1965, as amended,
$9,348,000,000, which shall remain available through September
30, 2000.
The maximum Pell Grant for which a student shall be eligible
during award year 1999–2000 shall be $3,125: Provided, That notwithstanding section 401(g) of the Act, if the Secretary determines,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–370

prior to publication of the payment schedule for such award year,
that the amount included within this appropriation for Pell Grant
awards in such award year, and any funds available from the
fiscal year 1998 appropriation for Pell Grant awards, are insufficient
to satisfy fully all such awards for which students are eligible,
as calculated under section 401(b) of the Act, the amount paid
for each such award shall be reduced by either a fixed or variable
percentage, or by a fixed dollar amount, as determined in accordance
with a schedule of reductions established by the Secretary for
this purpose: Provided further, That if the Secretary determines
that the funds available to fund Pell Grants for award year 1999–
2000 exceed the amount needed to fund Pell Grants at a maximum
award of $3,125 for that award year, the Secretary may increase
the income protection allowances in sections 475(g)(2)(D), and
476(b)(1)(A)(iv)(I), (II) and (III) up to the amounts at which Pell
Grant awards calculated using the increased income protection
allowances equal the funds available to make Pell Grants in award
year 1999–2000 with a $3,125 maximum award, except that the
income protection allowance in section 475(g)(2)(D) may not exceed
$2,200,
the
income
protection
allowance
in
sections
476(b)(1)(A)(iv)(I) and (II) may not exceed $4,250, and the income
protection allowance in section 476(b)(1)(A)(iv)(III) may not exceed
$7,250.
FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

For Federal administrative expenses to carry out guaranteed
student loans authorized by title IV, part B, of the Higher Education
Act, as amended, $46,482,000.
HIGHER EDUCATION

For carrying out, to the extent not otherwise provided, section
121 and titles II, III, IV, V, VI, VII, and VIII of the Higher
Education Act of 1965, as amended, and the Mutual Educational
and Cultural Exchange Act of 1961 and Public Law 102–73;
$1,307,846,000, of which $13,000,000 for interest subsidies authorized by section 121 of the Higher Education Act, shall remain
available until expended: Provided, That $16,723,000 shall be for
Youth Offender Grants, of which $4,723,000, which shall become
available on July 1, 1999, and remain available until September
30, 2000, shall be used in accordance with section 601 of Public
Law 102–73 as that section was in effect prior to enactment of
Public Law 105–220: Provided further, That $4,800,000, to be available until expended, shall be for Salem State College in Salem,
Massachusetts for activities authorized under Title III, part A,
section 311(c)(2), of the Higher Education Act of 1965, as amended:
Provided further, That of the funds made available under title
VII, part B, $5,000,000 shall be awarded to the St. Petersburg
Junior College for a demonstration of a national method for increasing access to four year degrees and work force training for students
attending community college; $2,000,000 shall be for the Technology-Assisted Learning Campus in New Rochelle, New York for
high-tech equipment; $250,000 shall be awarded to the Center
for Urban Research and Learning, Loyola University, Chicago;
$1,150,000 shall be awarded to the Southeast Community College
in Letcher County, Kentucky; $3,000,000 shall be for the Oregon
State University Distance Education Alliance; $1,000,000 shall be

112 STAT. 2681–371

PUBLIC LAW 105–277—OCT. 21, 1998

for the Appalachian Center for Economic Networks in Athens, Ohio;
$6,000,000 shall be to establish the Robert J. Dole Institute for
Public Service and Public Policy on the University of Kansas campus
in Lawrence, Kansas; $1,000,000 shall be for the Oregon Institute
of Public Service and Constitutional Studies at the Mark O. Hatfield
School of Government at Portland State University; $2,150,000
shall be awarded to the College of Natural Resources, University
of Wisconsin at Stevens Point for technology-enhanced learning;
$1,500,000 shall be for the Touro Law Center in Central Islip,
New York for the use of technology to bridge the gap between
legal education and the actual practice of law; $1,000,000 shall
be for the International Center for Educational Technology and
Distance Learning at Empire State College; $500,000 shall be for
the University of Northern Iowa National Institute of Technology
for Inclusive Education; $1,500,000 shall be for a demonstration
project to expand the successful college student preparation at
Prairie View A&M, Texas; $750,000 shall be to identify and provide
models of alcohol and drug abuse prevention and education in
higher education at the college level; $500,000 shall be for a teacher
training program in experiential learning to be awarded to the
Department of Language Teacher Education, School for International Training, Brattleboro, Vermont; and $1,000,000 shall be
for the Paul Simon Public Policy Institute at Southern Illinois
University at Carbondale, Illinois: Provided further, That $9,500,000
of the funds made available for title VII, part B shall be for
a competition consistent with the subject areas outlined in the
House and Senate reports and the statement of the managers,
and that such competition should be administered in a manner
consistent with current departmental practices and policies.
HOWARD UNIVERSITY

For partial support of Howard University (20 U.S.C. 121 et
seq.), $214,489,000, of which not less than $3,530,000 shall be
for a matching endowment grant pursuant to the Howard University
Endowment Act (Public Law 98–480) and shall remain available
until expended.
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM

For Federal administrative expenses authorized under section
121 of the Higher Education Act, $698,000 to carry out activities
related to existing facility loans entered into under the Higher
Education Act.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING,
PROGRAM ACCOUNT

The total amount of bonds insured pursuant to section 344
of title III, part D of the Higher Education Act shall not exceed
$357,000,000, and the cost, as defined in section 502 of the Congressional Budget Act of 1974, of such bonds shall not exceed zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into
pursuant to title III, part D of the Higher Education Act, as amended, $96,000.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–372

EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

For carrying out activities authorized by the Educational
Research, Development, Dissemination, and Improvement Act of
1994, including part E; the National Education Statistics Act of
1994; section 2102 of title II, and parts A, B, I, and K and section
10601 of title X, and part C of title XIII of the Elementary and
Secondary Education Act of 1965, as amended, and title VI of
Public Law 103–227, $664,867,000: Provided, That $25,000,000
shall be available to demonstrate effective approaches to comprehensive school reform to be allocated and expended in accordance
with the instructions relating to this activity in the statement
of managers on the conference report accompanying Public Law
105–78 and in the statement of the managers on the conference
report accompanying this Act: Provided further, That the funds
made available for comprehensive school reform shall become available on July 1, 1999, and remain available through September
30, 2000, and in carrying out this initiative, the Secretary and
the States shall support only approaches that show the most promise of enabling children to meet challenging State content standards
and challenging State student performance standards based on
reliable research and effective practices, and include an emphasis
on basic academics and parental involvement: Provided further,
That $16,000,000 of the funds made available for title X, part
A of the Elementary and Secondary Education Act, shall be carried
out consistent with the subject areas outlined in the House and
Senate reports and the statement of the managers, and should
be administered in a manner consistent with current departmental
practices and policies: Provided further, That, in addition to the
$6,000,000 for Title VI of Public Law 103–227 and notwithstanding
the provisions of section 601(c)(1)(C) of that Act, $1,000,000 shall
be available to the Center for Civic Education to conduct a civic
education program with Northern Ireland and the Republic of Ireland and, consistent with the civics and government activities authorized in section 601(c)(3) of Public Law 103–227, to provide
civic education assistance to democracies in developing countries.
The term ‘‘developing countries’’ shall have the same meaning as
the term ‘‘developing country’’ in the Education for the Deaf Act:
Provided further, That of the amount provided for part A of title
X of the Elementary and Secondary Education Act of 1965,
$2,000,000 shall be for a demonstration of full service community
school sites in Charles County, Maryland, Westchester County,
New York, Cranston, Rhode Island, and Skagit County, Washington;
$2,000,000 shall be awarded to First Book for literacy programs;
$1,750,000 shall be awarded to the Whitaker Center for Science
and the Arts, Harrisburg, Pennsylvania for teaching of science
education using the arts; $350,000 shall be awarded to the School
of Education at the University of Montana and the Montana Board
of Crime Control for community-based initiatives to promote nonviolent behavior in schools; $1,000,000 shall be awarded to the
NetDay organization to assist schools in connecting K–12 classrooms
to the Internet; $1,000,000 shall be awarded to the National Museum of Women in the Arts; $1,000,000 shall be awarded to Youth
Friends of Kansas City to improve attendance and academic performance; $750,000 shall be awarded to the Thornberry Center
for Youth and Families, Kansas City, Missouri to assist at-risk
children; $400,000 shall be for Bay Shore, New York for Literacy

112 STAT. 2681–373

PUBLIC LAW 105–277—OCT. 21, 1998

Education and Assessment Partnerships; $1,150,000 shall be awarded to provide technology assistance and for operation of a math/
science learning center in Perry County, Kentucky; $100,000 shall
be for Presidio School District, Texas for library equipment and
materials; $1,200,000 shall be for the Southeastern Pennsylvania
Consortium for Higher Education; $1,000,000 shall be for the
Dowling College Global Learning Center at the former LaSalle
Academy in New York for a master teacher training and education
center; $10,000,000 for continuing a demonstration of public school
facilities repair and construction to the Iowa Department of Education; and $1,000,000 shall be awarded to the Hechkscher Museum
of Art, Long Island, New York for incorporating arts into education
curriculum: Provided further, That of the amount provided for part
I of title X of the Elementary and Secondary Education Act of
1965, $500,000 shall be for after school programs for the Chippewa
Falls Area United School System, Wisconsin; $400,000 shall be
for after-school programs for the Wausau School System, Wisconsin;
$350,000 shall be for the New Rochelle School System, New York,
after-school programs; $100,000 shall be for the New York Hall
of Science, Queens, New York, after-school program; $25,000 shall
be for Louisville Central Community Centers Youth Education Program to support after-school programming; $25,000 shall be for
Canaan’s Community Development Corporation in Louisville, Kentucky for the Village Learning Center after-school program;
$300,000 shall be for the Bay Shore Community Learning Wellness
and Fitness Center for Drug Free Lifestyles in Bay Shore, New
York; $2,500,000 shall be for an after school anti-drug pilot program
in the Chicago Public Schools; and $400,000 shall be for the Green
Bay, Wisconsin Public School System after school program: Provided
further, That $10,000,000 of the funds provided for the national
education research institutes shall be allocated notwithstanding
section 931(c)(2)(B) of Public Law 103–227.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of two passenger
motor vehicles, $362,000,000.
OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization
Act, $66,000,000.
OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $31,242,000.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the purchase
of equipment for such transportation) in order to overcome racial

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–374

imbalance in any school or school system, or for the transportation
of students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation
of any school or school system.
SEC. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of any
student to a school other than the school which is nearest the
student’s home, except for a student requiring special education,
to the school offering such special education, in order to comply
with title VI of the Civil Rights Act of 1964. For the purpose
of this section an indirect requirement of transportation of students
includes the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the pairing
of schools, or the clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described in
this section does not include the establishment of magnet schools.
SEC. 303. No funds appropriated under this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(TRANSFER OF FUNDS)

SEC. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act, as amended) which are appropriated for the Department of
Education in this Act may be transferred between appropriations,
but no such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That the Appropriations Committees
of both Houses of Congress are notified at least fifteen days in
advance of any transfer.
SEC. 305. NATIONAL TESTING. (a) IN GENERAL.—Part C of the
General Education Provisions Act (20 U.S.C. 1231 et seq.) is amended by adding at the end the following:
‘‘SEC. 447. PROHIBITION ON FEDERALLY SPONSORED TESTING.

‘‘(a) GENERAL PROHIBITION.—Notwithstanding any other provision of Federal law and except as provided in subsection (b), no
funds provided to the Department of Education or to an applicable
program, may be used to pilot test, field test, implement, administer
or distribute in any way any federally sponsored national test
in reading, mathematics, or any other subject that is not specifically
and explicitly provided for in authorizing legislation enacted into
law.
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to the Third
International Mathematics and Science Study or other international
comparative assessments developed under the authority of section
404(a)(6) of the National Education Statistics Act of 1994 (20 U.S.C.
9003(a)(6) et seq.) and administered to only a representative sample
of pupils in the United States and in foreign nations.’’.
(b) AUTHORITY OF NATIONAL ASSESSMENT GOVERNING BOARD.—
Subject to section 447 of the General Education Provisions Act,
the exclusive authority over the direction and all policies and guidelines for developing voluntary national tests pursuant to contract
RJ97153001 previously entered into between the United States
Department of Education and the American Institutes for Research
and executed on August 15, 1997, and subsequently modified by
the National Assessment Governing Board on February 11, 1998,
shall continue to be vested in the National Assessment Governing

20 USC 1232j.

112 STAT. 2681–375

PUBLIC LAW 105–277—OCT. 21, 1998

Board established under section 412 of the National Education
Statistics Act of 1994 (20 U.S.C. 9011).
(c) STUDIES.—
(1) PURPOSE, DEFINITION, AND ACHIEVEMENT LEVELS.—The
National Assessment Governing Board shall determine and
clearly articulate in a report the purpose and intended use
of any proposed federally sponsored national test. Such report
shall also include—
(A) a definition of the meaning of the term ‘‘voluntary’’
in regards to the administration of any national test; and
(B) a description of the achievement levels and reporting methods to be used in grading any national test.
The report shall be submitted to the White House, the Committees on Education and the Workforce of the House of Representatives, the Committee on Labor and Human Resources of the
Senate, and the Committees on Appropriations of the House
of Representatives and the Senate not later than September
30, 1999.
(2) RESPONSE TO REPORT.—The National Assessment
Governing Board shall develop and submit to the entities identified in paragraph (1) a report, not later than September 30,
1999, that addresses and responds to the findings reported
by the National Academy of Sciences in the report entitled
‘‘Grading the Nation’s Report Card: Evaluating NAEP and
Transforming the Assessment of Educational Progress’’ that
assert that the achievement levels of the National Assessment
of Educational Progress (NAEP) are fundamentally flawed.
(3) TECHNICAL FEASIBILITY.—The National Academy of
Sciences shall conduct a study regarding the technical feasibility, validity, and reliability of including test items from the
National Assessment of Educational Progress (NAEP) for 4th
grade reading and 8th grade mathematics or from other tests
in State and district assessments for the purpose of providing
a common measure of individual student performance. The
National Academy of Sciences shall submit, to the entities
identified under paragraph (1), an interim progress report not
later than June 30, 1999 and a final report not later than
September 30, 1999.
SEC. 306. Notwithstanding any other provision of law, any
institution of higher education which receives funds under title
III of the Higher Education Act, except for grants made under
section 326, may use up to 20 percent of its award under part
A or part B of the Act for endowment building purposes authorized
under section 331. Any institution seeking to use part A or part
B funds for endowment building purposes shall indicate such
intention in its application to the Secretary and shall abide by
departmental regulations governing the endowment challenge grant
program.
SEC. 307. (a) From the amount appropriated for title VI of
the Elementary and Secondary Education Act of 1965 in accordance
with this section, the Secretary of Education—
(1) shall make available a total of $6,000,000 to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs)
and the outlying areas for activities under this section; and
(2) shall allocate the remainder by providing each State
the greater of the amount the State would receive if a total
of $1,124,620,000 were allocated under section 1122 of the

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–376

Elementary and Secondary Education Act of 1965 or under
section 2202(b) of the Act for fiscal year 1998, except that
such allocations shall be ratably increased or decreased as
may be necessary.
(b)(1) Each State that receives funds under this section shall
distribute 100 percent of such funds to local educational agencies,
of which—
(A) 80 percent of such amount shall be allocated to such
local educational agencies in proportion to the number of children, aged 5 to 17, who reside in the school district served
by such local educational agency from families with incomes
below the poverty line (as defined by the Office of Management
and Budget and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved for the
most recent fiscal year for which satisfactory data is available
compared to the number of such individuals who reside in
the school districts served by all the local educational agencies
in the State for that fiscal year; and
(B) 20 percent of such amount shall be allocated to such
local educational agencies in accordance with the relative enrollments of children, aged 5 to 17, in public and private nonprofit
elementary and secondary schools within the boundaries of
such agencies;
(2) Notwithstanding paragraph (1), if the award to a local
educational agency under this section is less than the starting
salary for a new teacher in that agency, the State shall not make
the award unless the local educational agency agrees to form a
consortium with not less than 1 other local educational agency
for the purpose of reducing class size.
(c)(1) Each local educational agency that receives funds under
this section shall use such funds to carry out effective approaches
to reducing class size with highly qualified teachers to improve
educational achievement for both regular and special-needs children, with particular consideration given to reducing class size
in the early elementary grades for which some research has shown
class size reduction is most effective.
(2)(A) Each such local educational agency may pursue the goal
of reducing class size through—
(i) recruiting, hiring, and training certified regular and
special education teachers and teachers of special-needs children, including teachers certified through State and local alternative routes;
(ii) testing new teachers for academic content knowledge,
and to meet State certification requirements that are consistent
with title II of the Higher Education Act of 1965; and
(iii) providing professional development to teachers, including special education teachers and teachers of special-needs
children, consistent with title II of the Higher Education Act
of 1965.
(B) A local educational agency may use not more than a total
of 15 percent of the award received under this section for activities
described in clauses (ii) and (iii) of subparagraph (A).
(C) A local educational agency that has already reduced class
size in the early grades to 18 or less children may use funds
received under this section—

112 STAT. 2681–377

PUBLIC LAW 105–277—OCT. 21, 1998
(i) to make further class-size reductions in grades 1 through

3;
(ii) to reduce class size in kindergarten or other grades;
or
(iii) to carry out activities to improve teacher quality,
including professional development.
(3) Each such agency shall use funds under this section only
to supplement, and not to supplant, State and local funds that,
in the absence of such funds, would otherwise be spent for activities
under this section.
(4) No funds made available under this section may be used
to increase the salaries or provide benefits, other than participation
in professional development and enrichment programs, to teachers
who are, or have been, employed by the local educational agency.
(d)(1) Each State receiving funds under this section shall report
on activities in the State under this section, consistent with section
6202(a)(2) of the Elementary and Secondary Education Act of 1965.
(2) Each school benefiting from this section, or the local educational agency serving that school, shall produce an annual report
to parents, the general public, and the State educational agency,
in easily understandable language, on student achievement that
is a result of hiring additional highly qualified teachers and reducing class size.
(e) If a local educational agency uses funds made available
under this section for professional development activities, the
agency shall ensure for the equitable participation of private nonprofit elementary and secondary schools in such activities. Section
6402 of the Elementary and Secondary Education Act of 1965
shall not apply to other activities under this section.
(f) ADMINISTRATIVE EXPENSES.—A local educational agency that
receives funds under this section may use not more than 3 percent
of such funds for local administrative costs.
(g) REQUEST FOR FUNDS.—Each local educational agency that
desires to receive funds under this section shall include in the
application required under section 6303 of the Elementary and
Secondary Education Act of 1965 a description of the agency’s
program to reduce class size by hiring additional highly qualified
teachers.
This title may be cited as the ‘‘Department of Education Appropriations Act, 1999’’.
TITLE IV—RELATED AGENCIES
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the United States Soldiers’ and Airmen’s
Home and the United States Naval Home, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$70,745,000, of which $15,717,000 shall remain available until
expended for construction and renovation of the physical plants
at the United States Soldiers’ and Airmen’s Home and the United
States Naval Home: Provided, That, notwithstanding any other
provision of law, a single contract or related contracts for the
development and construction at the United States Soldiers’ and
Airmen’s Home, to include construction of a long-term care facility
at the United States Naval Home and conversion of space in the

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–378

Scott building at the United States Soldiers’ and Airmen’s Home,
may be employed which collectively include the full scope of the
project: Provided further, That the solicitation and contract shall
contain the clause ‘‘availability of funds’’ found at 48 CFR 52.232–
18 and 252.232–7007, Limitation of Government Obligations.
CORPORATION

FOR

NATIONAL

AND

COMMUNITY SERVICE

DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES

For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic
Volunteer Service Act of 1973, as amended, $276,039,000.
CORPORATION

FOR

PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which
shall be available within limitations specified by that Act, for the
fiscal year 2001, $340,000,000: Provided, That no funds made available to the Corporation for Public Broadcasting by this Act shall
be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, That
none of the funds contained in this paragraph shall be available
or used to aid or support any program or activity from which
any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or
sex: Provided further, That in addition to the amounts provided
above, $15,000,000 shall be for digitalization, only if specifically
authorized by subsequent legislation enacted by September 30,
1999.
FEDERAL MEDIATION

AND

CONCILIATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor
Management Relations Act, 1947 (29 U.S.C. 171–180, 182–183),
including hire of passenger motor vehicles; for expenses necessary
for the Labor-Management Cooperation Act of 1978 (29 U.S.C.
175a); and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act, Public
Law 95–454 (5 U.S.C. ch. 71), $34,620,000, including $1,500,000,
to remain available through September 30, 2000, for activities
authorized by the Labor-Management Cooperation Act of 1978 (29
U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 3302, fees
charged, up to full-cost recovery, for special training activities and
for arbitration services shall be credited to and merged with this
account, and shall remain available until expended: Provided further, That fees for arbitration services shall be available only for
education, training, and professional development of the agency
workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts
of services and real, personal, or other property in the aid of
any projects or functions within the Director’s jurisdiction.

112 STAT. 2681–379

PUBLIC LAW 105–277—OCT. 21, 1998

FEDERAL MINE SAFETY

AND

HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health
Review Commission (30 U.S.C. 801 et seq.), $6,060,000.
INSTITUTE

OF

MUSEUM

AND

LIBRARY SERVICES

For carrying out subtitle B of the Museum and Library Services
Act, $166,175,000, of which $25,000,000 shall be for national leadership projects, notwithstanding section 221(a)(1)(B): Provided, That
of the amount provided, $10,000,000, to remain available until
expended, shall be awarded to the National Constitution Center,
established by Public Law 100–433, for exhibition design, program
planning, and operation of the Center to serve as a model between
museums and libraries; $750,000 shall be for a Digital Geospatial
and Numerical Data Library at the University of Idaho; $1,250,000
shall be awarded to the Franklin Institute, Philadelphia, Pennsylvania; $2,000,000 shall be to enhance digitization at the New York
Public Library; $35,000 shall be for the Children’s Museum of
Manhattan; $300,000 shall be for the State Historical Society of
Iowa; and $1,100,000 shall be for the Museum of Science and
Industry in Chicago.
MEDICARE PAYMENT ADVISORY COMMISSION
SALARIES AND EXPENSES

For expenses necessary to carry out section 1805 of the Social
Security Act, $7,015,000, to be transferred to this appropriation
from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds.
NATIONAL COMMISSION

ON

LIBRARIES

AND INFORMATION

SCIENCE

SALARIES AND EXPENSES

For necessary expenses for the National Commission on Libraries and Information Science, established by the Act of July 20,
1970 (Public Law 91–345, as amended by Public Law 102–95),
$1,000,000.
NATIONAL COUNCIL

ON

DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973, as
amended, $2,344,000.
NATIONAL EDUCATION GOALS PANEL
For expenses necessary for the National Education Goals Panel,
as authorized by title II, part A of the Goals 2000: Educate America
Act, $2,100,000.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–380

NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, as amended (29 U.S.C. 141–167), and other
laws, $184,451,000: Provided, That no part of this appropriation
shall be available to organize or assist in organizing agricultural
laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural
laborers as referred to in section 2(3) of the Act of July 5, 1935
(29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of
the Act of June 25, 1938 (29 U.S.C. 203), and including in said
definition employees engaged in the maintenance and operation
of ditches, canals, reservoirs, and waterways when maintained or
operated on a mutual, nonprofit basis and at least 95 percent
of the water stored or supplied thereby is used for farming purposes:
Provided further, That none of the funds made available by this
Act shall be used in any way to promulgate a final rule (altering
29 CFR part 103) regarding single location bargaining units in
representation cases.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151–188), including emergency boards appointed by the President, $8,400,000: Provided,
That unobligated balances at the end of fiscal year 1999 not needed
for emergency boards shall remain available for other statutory
purposes through September 30, 2000.
OCCUPATIONAL SAFETY

AND

HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health
Review Commission (29 U.S.C. 661), $8,100,000.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974,
$189,000,000, which shall include amounts becoming available in
fiscal year 1999 pursuant to section 224(c)(1)(B) of Public Law
98–76; and in addition, an amount, not to exceed 2 percent of
the amount provided herein, shall be available proportional to the
amount by which the product of recipients and the average benefit
received exceeds $189,000,000: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts
on the first day of each month in the fiscal year.

112 STAT. 2681–381

PUBLIC LAW 105–277—OCT. 21, 1998

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2000, which shall be the maximum
amount available for payment pursuant to section 417 of Public
Law 98–76.
LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $90,000,000, to be derived in such
amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

45 USC 231f
note.

For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than
$5,600,000, to be derived from the railroad retirement accounts
and railroad unemployment insurance account: Provided, That none
of the funds made available in any other paragraph of this Act
may be transferred to the Office; used to carry out any such transfer;
used to provide any office space, equipment, office supplies, communications facilities or services, maintenance services, or administrative services for the Office; used to pay any salary, benefit, or
award for any personnel of the Office; used to pay any other
operating expense of the Office; or used to reimburse the Office
for any service provided, or expense incurred, by the Office: Provided
further, That none of the funds made available under this heading
in this Act, or subsequent Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Acts, may be used for any audit, investigation, or review
of the Medicare Program.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance
and the Federal Disability Insurance trust funds, as provided under
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act,
$19,689,000.
SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health
Act of 1977, $382,803,000, to remain available until expended.
For making, after July 31 of the current fiscal year, benefit
payments to individuals under title IV of the Federal Mine Safety
and Health Act of 1977, for costs incurred in the current fiscal
year, such amounts as may be necessary.
For making benefit payments under title IV of the Federal
Mine Safety and Health Act of 1977 for the first quarter of fiscal
year 2000, $141,000,000, to remain available until expended.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–382

SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92–603, section 212 of Public Law 93–
66, as amended, and section 405 of Public Law 95–216, including
payment to the Social Security trust funds for administrative
expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $21,552,000,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the
current fiscal year and not obligated by the State during that
year shall be returned to the Treasury.
From funds provided under the previous paragraph, not less
than $100,000,000 shall be available for payment to the Social
Security trust funds for administrative expenses for conducting
continuing disability reviews.
In addition, $177,000,000, to remain available until September
30, 2000, for payment to the Social Security trust funds for administrative expenses for continuing disability reviews as authorized
by section 103 of Public Law 104–121 and section 10203 of Public
Law 105–33. The term ‘‘continuing disability reviews’’ means
reviews and redeterminations as defined under section 201(g)(1)(A)
of the Social Security Act, as amended.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal year,
such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2000, $9,550,000,000,
to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $10,000 for official reception
and representation expenses, not more than $5,996,000,000 may
be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein:
Provided, That not less than $1,600,000 shall be for the Social
Security Advisory Board: Provided further, That unobligated balances at the end of fiscal year 1999 not needed for fiscal year
1999 shall remain available until expended to invest in the Social
Security Administration computing network, including related
equipment and non-payroll administrative expenses associated
solely with this network: Provided further, That reimbursement
to the trust funds under this heading for expenditures for official
time for employees of the Social Security Administration pursuant
to section 7131 of title 5, United States Code, and for facilities
or support services for labor organizations pursuant to policies,
regulations, or procedures referred to in section 7135(b) of such
title shall be made by the Secretary of the Treasury, with interest,
from amounts in the general fund not otherwise appropriated, as
soon as possible after such expenditures are made.
From funds provided under the previous paragraph, notwithstanding the provision under this heading in Public Law 105–
78 regarding unobligated balances at the end of fiscal year 1998
not needed for such fiscal year, an amount not to exceed $50,000,000
from such unobligated balances shall, in addition to funding already

112 STAT. 2681–383

PUBLIC LAW 105–277—OCT. 21, 1998

available under this heading for fiscal year 1999, be available
for necessary expenses.
From funds provided under the first paragraph, not less than
$200,000,000 shall be available for conducting continuing disability
reviews.
From funds provided under the first paragraph, the Commissioner of Social Security shall direct $6,000,000 for Federal-State
partnerships which will evaluate means to promote Medicare buyin programs targeted to elderly and disabled individuals under
titles XVIII and XIX of the Social Security Act.
In addition to funding already available under this heading,
and subject to the same terms and conditions, $355,000,000, to
remain available until September 30, 2000, for continuing disability
reviews as authorized by section 103 of Public Law 104–121 and
section 10203 of Public Law 105–33. The term ‘‘continuing disability
reviews’’ means reviews and redeterminations as defined under
section 201(g)(1)(A) of the Social Security Act as amended.
In addition, $75,000,000 to be derived from administration fees
in excess of $5.00 per supplementary payment collected pursuant
to section 1616(d) of the Social Security Act or section 212(b)(3)
of Public Law 93–66, which shall remain available until expended.
To the extent that the amounts collected pursuant to such section
1616(d) or 212(b)(3) in fiscal year 1999 exceed $75,000,000, the
amounts shall be available in fiscal year 2000 only to the extent
provided in advance in appropriations Acts.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $12,000,000, together with not to exceed
$44,000,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal OldAge and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ‘‘Limitation on Administrative Expenses’’, Social Security Administration,
to be merged with this account, to be available for the time and
purposes for which this account is available: Provided, That notice
of such transfers shall be transmitted promptly to the Committees
on Appropriations of the House and Senate.
UNITED STATES INSTITUTE

OF

PEACE

OPERATING EXPENSES

For necessary expenses of the United States Institute of Peace
as authorized in the United States Institute of Peace Act,
$12,160,000.
TITLE V—GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–384

balances are used for the same purpose, and for the same periods
of time, for which they were originally appropriated.
SEC. 502. 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. 503. (a) No part of any appropriation contained in this
Act shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to support or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this Act shall
be used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any activity
designed to influence legislation or appropriations pending before
the Congress or any State legislature.
SEC. 504. The Secretaries of Labor and Education are each
authorized to make available not to exceed $15,000 from funds
available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses
not to exceed $2,500 from the funds available for ‘‘Salaries and
expenses, Federal Mediation and Conciliation Service’’; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from funds available for ‘‘Salaries and expenses,
National Mediation Board’’.
SEC. 505. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to carry out
any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug.
SEC. 506. (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
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. 507. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,

112 STAT. 2681–385

Abortions.

31 USC 1301
note.

PUBLIC LAW 105–277—OCT. 21, 1998

including but not limited to State and local governments and recipients of Federal research grants, shall clearly state: (1) the percentage of the total costs of the program or project which will be
financed with Federal money; (2) the dollar amount of Federal
funds for the project or program; and (3) percentage and dollar
amount of the total costs of the project or program that will be
financed by nongovernmental sources.
SEC. 508. (a) None of the funds appropriated under this Act,
and none of the funds in any trust fund to which funds are appropriated under this Act, shall be expended for any abortion.
(b) None of the funds appropriated under this Act, and none
of the funds in any trust fund to which funds are appropriated
under this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
SEC. 509. (a) The limitations established in the preceding section shall not apply to an abortion—
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the
pregnancy itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State’s or
locality’s contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State’s or locality’s contribution of Medicaid matching
funds).
SEC. 510. Notwithstanding any other provision of law,
hereafter—
(1) no amount may be transferred from an appropriation
account for the Departments of Labor, Health and Human
Services, and Education except as authorized in this or any
subsequent appropriation Act, or in the Act establishing the
program or activity for which funds are contained in this Act;
(2) no department, agency, or other entity, other than the
one responsible for administering the program or activity for
which an appropriation is made in this Act, may exercise
authority for the timing of the obligation and expenditure of
such appropriation, or for the purpose for which it is obligated
and expended, except to the extent and in the manner otherwise
provided in sections 1512 and 1513 of title 31, United States
Code; and
(3) no funds provided under this Act shall be available
for the salary (or any part thereof) of an employee who is
reassigned on a temporary detail basis to another position
in the employing agency or department or in any other agency
or department, unless the detail is independently approved
by the head of the employing department or agency.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–386

SEC. 511. (a) None of the funds made available in this Act
may be used for—
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses
in utero under 45 CFR 46.208(a)(2) and section 498(b) of the
Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human embryo
or embryos’’ includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or
any other means from one or more human gametes or human
diploid cells.
SEC. 512. (a) LIMITATION ON USE OF FUNDS FOR PROMOTION
OF LEGALIZATION OF CONTROLLED SUBSTANCES.—None of the funds
made available in this Act may be used for any activity that
promotes the legalization of any drug or other substance included
in schedule I of the schedules of controlled substances established
by section 202 of the Controlled Substances Act (21 U.S.C. 812).
(b) EXCEPTIONS.—The limitation in subsection (a) shall not
apply when there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to determine
therapeutic advantage.
SEC. 513. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if—
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
(2) such entity has not submitted a report as required
by that section for the most recent year for which such requirement was applicable to such entity.
SEC. 514. 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. 515. Except as otherwise specifically provided by law,
unobligated balances remaining available at the end of fiscal year
1999 from appropriations made available for salaries and expenses
for fiscal year 1999 in this Act, shall remain available through
December 31, 1999, for each such account for the purposes authorized: Provided, That the House and Senate Committees on Appropriations shall be notified at least fifteen days prior to the obligation
of such funds.
SEC. 516. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act (42 U.S.C. 1320d–2(b)) providing
for, or providing for the assignment of, a unique health identifier
for an individual (except in an individual’s capacity as an employer
or a health care provider), until legislation is enacted specifically
approving the standard.

112 STAT. 2681–387

PUBLIC LAW 105–277—OCT. 21, 1998

TITLE VI—NATIONAL CENTER FOR COMPLEMENTARY AND
ALTERNATIVE MEDICINE
SEC. 601. ESTABLISHMENT OF NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE.
IN GENERAL.—Title IV of the Public Health Service Act (42
42 USC 283g.

U.S.C. 281 et seq.) is amended—
(1) by striking section 404E; and
(2) in part E, by adding at the end the following:
‘‘Subpart 5—National Center for Complementary and Alternative
Medicine

42 USC 287c–21.

‘‘SEC. 485D. PURPOSE OF CENTER.

‘‘(a) IN GENERAL.—The general purposes of the National Center
for Complementary and Alternative Medicine (in this subpart
referred to as the ‘Center’) are the conduct and support of basic
and applied research (including both intramural and extramural
research), research training, the dissemination of health information, and other programs with respect to identifying, investigating,
and validating complementary and alternative treatment, diagnostic
and prevention modalities, disciplines and systems. The Center
shall be headed by a director, who shall be appointed by the
Secretary. The Director of the Center shall report directly to the
Director of NIH.
‘‘(b) ADVISORY COUNCIL.—The Secretary shall establish an
advisory council for the Center in accordance with section 406,
except that at least half of the members of the advisory council
who are not ex officio members shall include practitioners licensed
in one or more of the major systems with which the Center is
concerned, and at least 3 individuals representing the interests
of individual consumers of complementary and alternative medicine.
‘‘(c) COMPLEMENT TO CONVENTIONAL MEDICINE.—In carrying
out subsection (a), the Director of the Center shall, as appropriate,
study the integration of alternative treatment, diagnostic and
prevention systems, modalities, and disciplines with the practice
of conventional medicine as a complement to such medicine and
into health care delivery systems in the United States.
‘‘(d) APPROPRIATE SCIENTIFIC EXPERTISE AND COORDINATION
WITH INSTITUTES AND FEDERAL AGENCIES.—The Director of the
Center, after consultation with the advisory council for the Center
and the division of research grants, shall ensure that scientists
with appropriate expertise in research on complementary and alternative medicine are incorporated into the review, oversight, and
management processes of all research projects and other activities
funded by the Center. In carrying out this subsection, the Director
of the Center, as necessary, may establish review groups with
appropriate scientific expertise. The Director of the Center shall
coordinate efforts with other Institutes and Federal agencies to
ensure appropriate scientific input and management.
‘‘(e) EVALUATION OF VARIOUS DISCIPLINES AND SYSTEMS.—In
carrying out subsection (a), the Director of the Center shall identify
and evaluate alternative and complementary medical treatment,
diagnostic and prevention modalities in each of the disciplines and
systems with which the Center is concerned, including each discipline and system in which accreditation, national certification,
or a State license is available.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–388

‘‘(f) ENSURING HIGH QUALITY, RIGOROUS SCIENTIFIC REVIEW.—
In order to ensure high quality, rigorous scientific review of complementary and alternative, diagnostic and prevention modalities,
disciplines and systems, the Director of the Center shall conduct
or support the following activities:
‘‘(1) Outcomes research and investigations.
‘‘(2) Epidemiological studies.
‘‘(3) Health services research.
‘‘(4) Basic science research.
‘‘(5) Clinical trials.
‘‘(6) Other appropriate research and investigational activities.
The Director of NIH, in coordination with the Director of the Center,
shall designate specific personnel in each Institute to serve as
full-time liaisons with the Center in facilitating appropriate
coordination and scientific input.
‘‘(g) DATA SYSTEM; INFORMATION CLEARINGHOUSE.—
‘‘(1) DATA SYSTEM.—The Director of the Center shall establish a bibliographic system for the collection, storage, and
retrieval of worldwide research relating to complementary and
alternative treatment, diagnostic and prevention modalities,
disciplines and systems. Such a system shall be regularly
updated and publicly accessible.
‘‘(2) CLEARINGHOUSE.—The Director of the Center shall
establish an information clearinghouse to facilitate and
enhance, through the effective dissemination of information,
knowledge and understanding of alternative medical treatment,
diagnostic and prevention practices by health professionals,
patients, industry, and the public.
‘‘(h) RESEARCH CENTERS.—The Director of the Center, after
consultation with the advisory council for the Center, shall provide
support for the development and operation of multipurpose centers
to conduct research and other activities described in subsection
(a) with respect to complementary and alternative treatment, diagnostic and prevention modalities, disciplines and systems. The provision of support for the development and operation of such centers
shall include accredited complementary and alternative medicine
research and education facilities.
‘‘(i) AVAILABILITY OF RESOURCES.—After consultation with the
Director of the Center, the Director of NIH shall ensure that
resources of the National Institutes of Health, including laboratory
and clinical facilities, fellowships (including research training
fellowship and junior and senior clinical fellowships), and other
resources are sufficiently available to enable the Center to appropriately and effectively carry out its duties as described in subsection (a). The Director of NIH, in coordination with the Director
of the Center, shall designate specific personnel in each Institute
to serve as full-time liaisons with the Center in facilitating appropriate coordination and scientific input.
‘‘(j) AVAILABILITY OF APPROPRIATIONS.—Amounts appropriated
to carry out this section for fiscal year 1999 are available for
obligation through September 30, 2001. Amounts appropriated to
carry out this section for fiscal year 2000 are available for obligation
through September 30, 2001.’’.
(k) TECHNICAL AND CONFORMING AMENDMENT.—Section
401(b)(2) of the Public Health Service Act (42 U.S.C. 281(b)(2)
is amended by adding at the end the following:

112 STAT. 2681–389

PUBLIC LAW 105–277—OCT. 21, 1998
‘‘(F) The National Center for Complementary and
Alternative Medicine.’ ’’.
TITLE VII—MISCELLANEOUS PROVISIONS

RATES OF PAY FOR PUBLIC BROADCASTING AND NATIONAL PUBLIC
RADIO

42 USC 1396r–4
note.

42 USC 1396r–4
note.

42 USC 1396r–4
note.

42 USC 1397dd
note.

SEC. 701. Section 396(k)(9) of Title 47, United States Code,
is amended by striking ‘‘at an annual rate of pay which exceeds
the rate of basic pay in effect from time to time for level I of
the Executive Schedule under 5312 of title 5, United States Code’’
and inserting ‘‘in excess of reasonable compensation as determined
pursuant to Section 4958 of the Internal Revenue Code for services
that the officer or employee renders to organization’’ after ‘‘compensated.’’
SEC. 702. The amount of the DSH allotment for the State
of Minnesota for fiscal year 1999, specified in the table under
section 1923(f)(2) of the Social Security Act (as amended by section
4721(a)(1) of Public Law 105–33) is deemed to be $33,000,000.
SEC. 703. The amount of the DSH allotment for the State
of New Mexico for fiscal year 1999, specified in the table under
section 1923(f)(2) of the Social Security Act (as amended by section
4721(a)(1) of Public Law 105–33) is deemed to be $9,000,000.
SEC. 704. Notwithstanding section 1923(f)(2) of the Social Security Act (42 U.S.C. 1396r–4(f)(2)) (as amended by section 4721(a)(1)
of the Balanced Budget Act of 1997 (Public Law 105–33; 111 Stat.
511), the amount of the DSH allotment for Wyoming for fiscal
year 1999 is deemed to be $95,000.
SEC. 705. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS.—
The Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990 (Public Law 101–167) is amended—
(1) in section 599D (8 U.S.C. 1157 note)—
(A) in subsection (b)(3), by striking ‘‘1997 and 1998’’
and inserting ‘‘1997, 1998, and 1999’’; and
(B) in subsection (e), by striking ‘‘October 1, 1998’’
each place it appears and inserting ‘‘October 1, 1999’’ and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ‘‘September 30, 1998’’ and inserting ‘‘September 30, 1999’’.
SEC. 706. (a) Section 2104(c) of the Social Security Act (42
U.S.C. 1397dd(c)) is amended by adding at the end the following
new paragraph:
‘‘(4) ADDITIONAL ALLOTMENT.—
‘‘(A) IN GENERAL.—In addition to the allotment under
paragraph (1), the Secretary shall allot each commonwealth
and territory described in paragraph (3) the applicable
percentage specified in paragraph (2) of the amount appropriated under subparagraph (B).
‘‘(B) APPROPRIATIONS.—For purposes of providing allotments pursuant to subparagraph (A), there is appropriated,
out of any money in the Treasury not otherwise appropriated $32,000,000 for fiscal year 1999.’’.
(b) Section 2104(b)(1) of such Act (42 U.S.C. 1397dd(b)(1)) is
amended by inserting ‘‘(determined without regard to paragraph
(4) thereof)’’ after ‘‘subsection (c)’’.
SEC. 707. DETERMINATION OF NUMBER OF CHILDREN AND STATE
COST FACTORS FOR FISCAL YEARS 1998 AND 1999 FOR PURPOSES

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–390

OF STATE CHILDREN’S HEALTH INSURANCE PROGRAM (SCHIP).—
Notwithstanding any other provision of law, for purposes of determining the product under section 2104(b)(1)(A) of the Social Security
Act (42 U.S.C. 1397dd(b)(1)(A)) for a State for each of fiscal years
1998 and 1999—
(1) the number of children under clause (i) of such section
shall be the number of low-income children specified for the
State in Column B of the table on pages 48101–48102 of the
Federal Register published on September 12, 1997, adjusted
by the Census Bureau as necessary to treat children as being
without health insurance if they have access to health care
funded by the Indian Health Service but do not have health
insurance; and
(2) the State cost factor under clause (ii) of such section
shall be the State cost factor specified for the State in Column
C of such table.
SEC. 708. (a) EXTENSION OF DEADLINE FOR SUBMISSION OF
REPORT BY COMMISSION TO ASSESS THE ORGANIZATION OF THE
FEDERAL GOVERNMENT TO COMBAT THE PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.—Section 712(c)(1) of the Combating
Proliferation of Weapons of Mass Destruction Act of 1996 (subtitle
A of title VII of Public Law 104–293; 110 Stat. 3470; 50 U.S.C.
2351 note) is amended by striking out ‘‘the date of the enactment
of this Act’’ and inserting in lieu thereof ‘‘January 18, 1998’’.
(b) MEMBERSHIP OF COMMISSION.—Section 711 of that Act is
amended—
(1) in the matter preceding subsection (b)(1), by striking
out ‘‘eight members’’ and inserting in lieu thereof ‘‘twelve members, none of whom may, during the period of their service
on the Commission, be an officer or employee of any department, agency, or other establishment of the Executive Branch
(other than the Commission), and’’;
(2) in subsection (b)(2), by striking out ‘‘one’’ and inserting
in lieu thereof ‘‘three’’;
(3) in subsection (b)(4), by striking out ‘‘one’’ and inserting
in lieu thereof ‘‘three’’; and
(4) in subsection (e), by striking out ‘‘the date on which
all members of the Commission have been appointed’’ and
inserting in lieu thereof ‘‘the date of enactment of an Act
making appropriations for the Departments of Labor, Health
and Human Services, and Education, and related agencies,
for the fiscal year ending September 30, 1999, regardless of
whether all the members of the Commission have been
appointed as of that date,’’.
(c) RESTRICTIONS ON ACTIVITIES OF COMMISSION.—Section
712(a) of that Act is amended by adding at the end the following:
(4) RESTRICTIONS.—In carrying out the study under paragraph (1), making the assessments under paragraph (2), and
addressing the matters identified in paragraph (3), the Commission shall not review, evaluate, or report on—
‘‘(A) United States domestic response capabilities with
respect to weapons of mass destruction; or
‘‘(B) the adequacy or usefulness of United States laws
that provide for the imposition of sanctions on countries
or entities that engage in the proliferation of weapons
of mass destruction.’’.

50 USC 2351
note.

50 USC 2351
note.

112 STAT. 2681–391
50 USC 2351
note.

45 USC 231e
note.

42 USC 1396a
note.

PUBLIC LAW 105–277—OCT. 21, 1998

(d) LIMITATION ON COMMISSION EXPENDITURES.—Section 717
of that Act is amended by striking out ‘‘shall be paid’’ and inserting
in lieu thereof ‘‘shall not exceed $1,000,000, and shall be paid’’.
SEC. 709. PROTECTION OF DIVORCED SPOUSES. (a) IN GENERAL.—Section 6(c) of the Railroad Retirement Act of 1974 (45
U.S.C. 231e(c)) is amended—
(1) in the last sentence of paragraph (1), by inserting ‘‘(other
than to a survivor in the circumstances described in paragraph
(3))’’ after ‘‘no further benefits shall be paid’’; and
(2) by adding at the end the following:
‘‘(3) Notwithstanding the last sentence of paragraph (1),
benefits shall be paid to a survivor who—
‘‘(A) is a divorced wife; and
‘‘(B) through administrative error received benefits
otherwise precluded by the making of a lump sum payment
under this section to a widow;
if that divorced wife makes an election to repay to the Board
the lump sum payment. The Board may withhold up to 10
percent of each benefit amount paid after the date of the
enactment of this paragraph toward such reimbursement. The
Board may waive such repayment to the extent the Board
determines it would cause an unjust financial hardship for
the beneficiary.’’.
(b) APPLICATION OF AMENDMENT.—The amendment made by
this section shall apply with respect to any benefits paid before
the date of enactment of this Act as well as to benefits payable
on or after the date of the enactment of this Act.
SEC. 710. For purposes of payments to States for medical assistance under title XIX of the Social Security Act from amounts
appropriated to carry out such title for fiscal year 1999 and for
any subsequent fiscal year, individuals who are PACE program
eligible individuals under section 1934 of that Act and who meet
the income and resource eligibility requirements of individuals who
are
eligible
for
medical
assistance
under
section
1902(a)(10)(A)(ii)(VI) of that Act shall be treated as individuals
described in such section 1902(a)(10)(A)(ii)(VI) during the period
of their enrollment in the PACE program.
TITLE VIII—READING EXCELLENCE ACT
SUBTITLE I—READING AND LITERACY GRANTS
SEC. 101. AMENDMENT TO ESEA FOR READING AND LITERACY GRANTS.

(a) IN GENERAL.—Title II of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended—
(1) by redesignating parts C and D as parts D and E,
respectively; and
(2) by inserting after part B the following:

‘‘PART C—READING AND LITERACY GRANTS
20 USC 6661.

‘‘SEC. 2251. PURPOSES.

‘‘The purposes of this part are as follows:
‘‘(1) To provide children with the readiness skills they
need to learn to read once they enter school.
‘‘(2) To teach every child to read in the child’s early childhood years—

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112 STAT. 2681–392

‘‘(A) as soon as the child is ready to read; or
‘‘(B) as soon as possible once the child enters school,
but not later than 3d grade.
‘‘(3) To improve the reading skills of students, and the
instructional practices for current teachers (and, as appropriate,
other instructional staff) who teach reading, through the use
of findings from scientifically based reading research, including
findings relating to phonemic awareness, systematic phonics,
fluency, and reading comprehension.
‘‘(4) To expand the number of high-quality family literacy
programs.
‘‘(5) To provide early literacy intervention to children who
are experiencing reading difficulties in order to reduce the
number of children who are incorrectly identified as a child
with a disability and inappropriately referred to special education.
‘‘SEC. 2252. DEFINITIONS.

‘‘For purposes of this part:
‘‘(1) ELIGIBLE PROFESSIONAL DEVELOPMENT PROVIDER.—The
term ‘eligible professional development provider’ means a provider of professional development in reading instruction to
teachers that is based on scientifically based reading research.
‘‘(2) FAMILY LITERACY SERVICES.—The term ‘family literacy
services’ means services provided to participants on a voluntary
basis that are of sufficient intensity in terms of hours, and
of sufficient duration, to make sustainable changes in a family,
and that integrate all of the following activities:
‘‘(A) Interactive literacy activities between parents and
their children.
‘‘(B) Training for parents regarding how to be the primary teacher for their children and full partners in the
education of their children.
‘‘(C) Parent literacy training that leads to economic
self-sufficiency.
‘‘(D) An age-appropriate education to prepare children
for success in school and life experiences.
‘‘(3) INSTRUCTIONAL STAFF.—The term ‘instructional staff’—
‘‘(A) means individuals who have responsibility for
teaching children to read; and
‘‘(B) includes principals, teachers, supervisors of
instruction, librarians, library school media specialists,
teachers of academic subjects other than reading, and other
individuals who have responsibility for assisting children
to learn to read.
‘‘(4) READING.—The term ‘reading’ means a complex system
of deriving meaning from print that requires all of the following:
‘‘(A) The skills and knowledge to understand how phonemes, or speech sounds, are connected to print.
‘‘(B) The ability to decode unfamiliar words.
‘‘(C) The ability to read fluently.
‘‘(D) Sufficient background information and vocabulary
to foster reading comprehension.
‘‘(E) The development of appropriate active strategies
to construct meaning from print.
‘‘(F) The development and maintenance of a motivation
to read.

20 USC 6661a.

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PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(5) SCIENTIFICALLY BASED READING RESEARCH.—The term
‘scientifically based reading research’—
‘‘(A) means the application of rigorous, systematic, and
objective procedures to obtain valid knowledge relevant
to reading development, reading instruction, and reading
difficulties; and
‘‘(B) shall include research that—
‘‘(i) employs systematic, empirical methods that
draw on observation or experiment;
‘‘(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the
general conclusions drawn;
‘‘(iii) relies on measurements or observational
methods that provide valid data across evaluators and
observers and across multiple measurements and
observations; and
‘‘(iv) has been accepted by a peer-reviewed journal
or approved by a panel of independent experts through
a comparably rigorous, objective, and scientific review.
20 USC 6661b.

‘‘SEC. 2253. READING AND LITERACY GRANTS TO STATE EDUCATIONAL
AGENCIES.

‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—Subject to the provisions of this part,
the Secretary shall award grants to State educational agencies
to carry out the reading and literacy activities authorized under
this section and sections 2254 through 2256.
‘‘(2) LIMITATIONS.—
‘‘(A) SINGLE GRANT PER STATE.—A State educational
agency may not receive more than one grant under paragraph (1).
‘‘(B) 3-YEAR TERM.—A State educational agency that
receives a grant under paragraph (1) may expend the funds
provided under the grant only during the 3-year period
beginning on the date on which the grant is made.
‘‘(b) APPLICATION.—
‘‘(1) IN GENERAL.—A State educational agency that desires
to receive a grant under this part shall submit an application
to the Secretary at such time and in such form as the Secretary
may require. The application shall contain the information
described in paragraph (2).
‘‘(2) CONTENTS.—An application under this subsection shall
contain the following:
‘‘(A) An assurance that the Governor of the State,
in consultation with the State educational agency, has
established a reading and literacy partnership described
in subsection (d), and a description of how such
partnership—
‘‘(i) assisted in the development of the State plan;
‘‘(ii) will be involved in advising on the selection
of subgrantees under sections 2255 and 2256; and
‘‘(iii) will assist in the oversight and evaluation
of such subgrantees.
‘‘(B) A description of the following:
‘‘(i) How the State educational agency will ensure
that professional development activities related to
reading instruction and provided under this part are—

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112 STAT. 2681–394

‘‘(I) coordinated with other State and local
level funds and used effectively to improve instructional practices for reading; and
‘‘(II) based on scientifically based reading
research.
‘‘(ii) How the activities assisted under this part
will address the needs of teachers and other instructional staff, and will effectively teach students to read,
in schools receiving assistance under section 2255 and
2256.
‘‘(iii) The extent to which the activities will prepare
teachers in all the major components of reading
instruction (including phonemic awareness, systematic
phonics, fluency, and reading comprehension).
‘‘(iv) How the State educational agency will use
technology to enhance reading and literacy professional
development activities for teachers, as appropriate.
‘‘(v) How parents can participate in literacy-related
activities assisted under this part to enhance their
children’s reading.
‘‘(vi) How subgrants made by the State educational
agency under sections 2255 and 2256 will meet the
requirements of this part, including how the State
educational agency will ensure that subgrantees will
use practices based on scientifically based reading
research.
‘‘(vii) How the State educational agency will, to
the extent practicable, make grants to subgrantees
in both rural and urban areas.
‘‘(viii) The process that the State used to establish
the reading and literacy partnership described in subsection (d).
‘‘(C) An assurance that each local educational agency
to which the State educational agency makes a subgrant—
‘‘(i) will provide professional development for the
classroom teacher and other appropriate instructional
staff on the teaching of reading based on scientifically
based reading research;
‘‘(ii) will provide family literacy services based on
programs such as the Even Start family literacy model
authorized under part B of title I, to enable parents
to be their child’s first and most important teacher;
‘‘(iii) will carry out programs to assist those kindergarten students who are not ready for the transition
to first grade, particularly students experiencing difficulty with reading skills; and
‘‘(iv) will use supervised individuals (including
tutors), who have been appropriately trained using
scientifically based reading research, to provide additional support, before school, after school, on weekends,
during noninstructional periods of the school day, or
during the summer, for children preparing to enter
kindergarten and students in kindergarten through
grade 3 who are experiencing difficulty reading.
‘‘(D) An assurance that instruction in reading will be
provided to children with reading difficulties who—

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PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(i) are at risk of being referred to special education
based on these difficulties; or
‘‘(ii) have been evaluated under section 614 of the
Individuals with Disabilities Education Act but, in
accordance with section 614(b)(5) of such Act, have
not been identified as being a child with a disability
(as defined in section 602 of the such Act).
‘‘(E) A description of how the State educational
agency—
‘‘(i) will build on, and promote coordination among,
literacy programs in the State (including federally
funded programs such as the Adult Education and
Family Literacy Act and the Individuals with Disabilities Education Act), in order to increase the effectiveness of the programs in improving reading for adults
and children and to avoid duplication of the efforts
of the programs;
‘‘(ii) will promote reading and library programs
that provide access to engaging reading material;
‘‘(iii) will make local educational agencies described
in sections 2255(a)(1) and 2256(a)(1) aware of the availability of subgrants under sections 2255 and 2256;
and
‘‘(iv) will assess and evaluate, on a regular basis,
local educational agency activities assisted under this
part, with respect to whether they have been effective
in achieving the purposes of this part.
‘‘(F) A description of the evaluation instrument the
State educational agency will use for purposes of the assessments and evaluations under subparagraph (E)(iv).
‘‘(c) APPROVAL OF APPLICATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall approve an application of a State educational agency under this section only—
‘‘(A) if such application meets the requirement of this
section; and
‘‘(B) after taking into account the extent to which the
application furthers the purposes of this part and the overall quality of the application.
‘‘(2) PEER REVIEW.—
‘‘(A) IN GENERAL.—The Secretary, in consultation with
the National Institute for Literacy, shall convene a panel
to evaluate applications under this section. At a minimum,
the panel shall include—
‘‘(i) representatives of the National Institute for
Literacy, the National Research Council of the National
Academy of Sciences, and the National Institute of
Child Health and Human Development;
‘‘(ii) 3 individuals selected by the Secretary;
‘‘(iii) 3 individuals selected by the National
Institute for Literacy;
‘‘(iv) 3 individuals selected by the National
Research Council of the National Academy of Sciences;
and
‘‘(v) 3 individuals selected by the National Institute
of Child Health and Human Development.
‘‘(B) EXPERTS.—The panel shall include experts who
are competent, by virtue of their training, expertise, or

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–396

experience, to evaluate applications under this section, and
experts who provide professional development to teachers
of reading to children and adults, and experts who provide
professional development to other instructional staff, based
on scientifically based reading research.
‘‘(C) PRIORITY.—The panel shall recommend grant
applications from State educational agencies under this
section to the Secretary for funding or for disapproval.
In making such recommendations, the panel shall give
priority to applications from State educational agencies
whose States have modified, are modifying, or provide an
assurance that not later than 18 months after receiving
a grant under this section the State educational agencies
will increase the training and the methods of teaching
reading required for certification as an elementary school
teacher to reflect scientifically based reading research,
except that nothing in this Act shall be construed to establish a national system of teacher certification.
‘‘(D) MINIMUM GRANT AMOUNTS.—
‘‘(i) STATES.—Each State educational agency
selected to receive a grant under this section shall
receive an amount for the grant period that is not
less than $500,000.
‘‘(ii) OUTLYING AREAS.—The Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands selected to receive a grant under
this section shall receive an amount for the grant
period that is not less than $100,000.
‘‘(E) LIMITATION.—The Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic of Palau shall not be eligible to receive a grant under
this part.
‘‘(d) READING AND LITERACY PARTNERSHIPS.—
‘‘(1) REQUIRED PARTICIPANTS.—In order for a State educational agency to receive a grant under this section, the Governor of the State, in consultation with the State educational
agency, shall establish a reading and literacy partnership
consisting of at least the following participants:
‘‘(A) The Governor of the State.
‘‘(B) The chief State school officer.
‘‘(C) The chairman and the ranking member of each
committee of the State legislature that is responsible for
education policy.
‘‘(D) A representative, selected jointly by the Governor
and the chief State school officer, of at least one local
educational agency that is eligible to receive a subgrant
under section 2255.
‘‘(E) A representative, selected jointly by the Governor
and the chief State school officer, of a community-based
organization working with children to improve their reading skills, particularly a community-based organization
using tutors and scientifically based reading research.
‘‘(F) State directors of appropriate Federal or State
programs with a strong reading component.
‘‘(G) A parent of a public or private school student
or a parent who educates their child or children in their

112 STAT. 2681–397

PUBLIC LAW 105–277—OCT. 21, 1998

home, selected jointly by the Governor and the chief State
school officer.
‘‘(H) A teacher who successfully teaches reading and
an instructional staff member, selected jointly by the Governor and the chief State school officer.
‘‘(I) A family literacy service provider selected jointly
by the Governor and the chief State school officer.
‘‘(2) OPTIONAL PARTICIPANTS.—A reading and literacy partnership may include additional participants, who shall be
selected jointly by the Governor and the chief State school
officer, and who may include a representative of—
‘‘(A) an institution of higher education operating a
program of teacher preparation based on scientifically
based reading research in the State;
‘‘(B) a local educational agency;
‘‘(C) a private nonprofit or for-profit eligible professional development provider providing instruction based
on scientifically based reading research;
‘‘(D) an adult education provider;
‘‘(E) a volunteer organization that is involved in reading programs; or
‘‘(F) a school library or a public library that offers
reading or literacy programs for children or families.
‘‘(3) PREEXISTING PARTNERSHIP.—If, before the date of the
enactment of the Reading Excellence Act, a State established
a consortium, partnership, or any other similar body, that
includes the Governor and the chief State school officer and
has, as a central part of its mission, the promotion of literacy
for children in their early childhood years through the 3d
grade and family literacy services, but that does not satisfy
the requirements of paragraph (1), the State may elect to
treat that consortium, partnership, or body as the reading
and literacy partnership for the State notwithstanding such
paragraph, and it shall be considered a reading and literacy
partnership for purposes of the other provisions of this part.
20 USC 6661c.

‘‘SEC. 2254. USE OF AMOUNTS BY STATE EDUCATIONAL AGENCIES.

‘‘A State educational agency that receives a grant under section
2253—
‘‘(1) shall use not more than 5 percent of the funds made
available under the grant for the administrative costs of carrying out this part (excluding section 2256), of which not more
than 2 percent may be used to carry out section 2259; and
‘‘(2) shall use not more than 15 percent of the funds made
available under the grant to solicit applications for, award,
and oversee the performance of, not less than one subgrant
pursuant to section 2256.
20 USC 6661d.

‘‘SEC. 2255. LOCAL READING IMPROVEMENT SUBGRANTS.

‘‘(a) IN GENERAL.—
‘‘(1) SUBGRANTS.—A State educational agency that receives
a grant under section 2253 shall make subgrants, on a competitive basis, to local educational agencies that either—
‘‘(A) have at least one school that is identified for
school improvement under section 1116(c) in the geographic
area served by the agency;
‘‘(B) have the largest, or second largest, number of
children who are counted under section 1124(c), in

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112 STAT. 2681–398

comparison to all other local educational agencies in the
State; or
‘‘(C) have the highest, or second highest, school-age
child poverty rate, in comparison to all other local educational agencies in the State.
For purposes of subparagraph (C), the term ‘school-age child
poverty rate’ means the number of children counted under
section 1124(c) who are living within the geographic boundaries
of the local educational agency, expressed as a percentage of
the total number of children aged 5–17 years living within
the geographic boundaries of the local educational agency.
‘‘(2) SUBGRANT AMOUNT.—A subgrant under this section
shall consist of an amount sufficient to enable the subgrant
recipient to operate a program for a 2-year period and may
not be revoked or terminated on the grounds that a school
ceases, during the grant period, to meet the requirements of
subparagraph (A), (B), or (C) of paragraph (1).
‘‘(b) APPLICATIONS.—A local educational agency that desires
to receive a subgrant under this section shall submit an application
to the State educational agency at such time, in such manner,
and including such information as the agency may require. The
application—
‘‘(1) shall describe how the local educational agency will
work with schools selected by the agency to receive assistance
under subsection (d)(1)—
‘‘(A) to select one or more programs of reading instruction, developed using scientifically based reading research,
to improve reading instruction by all academic teachers
for all children in each of the schools selected by the
agency under such subsection and, where appropriate, for
their parents; and
‘‘(B) to enter into an agreement with a person or entity
responsible for the development of each program selected
under subparagraph (A), or a person with experience or
expertise about the program and its implementation, under
which the person or entity agrees to work with the local
educational agency and the schools in connection with such
implementation and improvement efforts;
‘‘(2) shall include an assurance that the local educational
agency—
‘‘(A) will carry out professional development for the
classroom teacher and other instructional staff on the
teaching of reading based on scientifically based reading
research;
‘‘(B) will provide family literacy services based on programs such as the Even Start family literacy model authorized under part B of title I, to enable parents to be their
child’s first and most important teacher;
‘‘(C) will carry out programs to assist those kindergarten students who are not ready for the transition to
first grade, particularly students experiencing difficulty
with reading skills; and
‘‘(D) will use supervised individuals (including tutors),
who have been appropriately trained using scientifically
based reading research, to provide additional support,
before school, after school, on weekends, during noninstructional periods of the school day, or during the summer,

112 STAT. 2681–399

PUBLIC LAW 105–277—OCT. 21, 1998

for children preparing to enter kindergarten and students
in kindergarten through grade 3 who are experiencing difficulty reading;
‘‘(3) shall describe how the applicant will ensure that funds
available under this part, and funds available for reading
instruction for kindergarten through grade 6 from other appropriate sources, are effectively coordinated, and, where appropriate, integrated with funds under this Act in order to improve
existing activities in the areas of reading instruction, professional development, program improvement, parental involvement, technical assistance, and other activities that can help
meet the purposes of this part;
‘‘(4) shall describe, if appropriate, how parents, tutors, and
early childhood education providers will be assisted by, and
participate in, literacy-related activities receiving financial assistance under this part to enhance children’s reading fluency;
‘‘(5) shall describe how the local educational agency—
‘‘(A) provides instruction in reading to children with
reading difficulties who—
‘‘(i) are at risk of being referred to special education
based on these difficulties; or
‘‘(ii) have been evaluated under section 614 of the
Individuals with Disabilities Education Act but, in
accordance with section 614(b)(5) of such Act, have
not been identified as being a child with a disability
(as defined in section 602 of the such Act); and
‘‘(B) will promote reading and library programs that
provide access to engaging reading material; and
‘‘(6) shall include an assurance that the local educational
agency will make available, upon request and in an understandable and uniform format, to any parent of a student attending
any school selected to receive assistance under subsection (d)(1)
in the geographic area served by the local educational agency,
information regarding the professional qualifications of the student’s classroom teacher to provide instruction in reading.
‘‘(c) SPECIAL RULE.—To the extent feasible, a local educational
agency that desires to receive a grant under this section shall
form a partnership with one or more community-based organizations of demonstrated effectiveness in early childhood literacy, and
reading readiness, reading instruction, and reading achievement
for both adults and children, such as a Head Start program, family
literacy program, public library, or adult education program, to
carry out the functions described in paragraphs (1) through (6)
of subsection (b). In evaluating subgrant applications under this
section, a State educational agency shall consider whether the
applicant has satisfied the requirement in the preceding sentence.
If not, the applicant must provide information on why it would
not have been feasible for the applicant to have done so.
‘‘(d) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), a local educational agency that receives a subgrant under this section
shall use amounts from the subgrant to carry out activities
to advance reform of reading instruction in any school that
(A) is described in subsection (a)(1)(A), (B) has the largest,
or second largest, number of children who are counted under
section 1124(c), in comparison to all other schools in the local
educational agency, or (C) has the highest, or second highest,

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112 STAT. 2681–400

school-age child poverty rate (as defined in the second sentence
of subsection (a)(1)), in comparison to all other schools in the
local educational agency. Such activities shall include the following:
‘‘(A) Securing technical and other assistance from—
‘‘(i) a program of reading instruction based on scientifically based reading research;
‘‘(ii) a person or entity with experience or expertise
about such program and its implementation, who has
agreed to work with the recipient in connection with
its implementation; or
‘‘(iii) a program providing family literacy services.
‘‘(B) Providing professional development activities to
teachers and other instructional staff (including training
of tutors), using scientifically based reading research and
purchasing of curricular and other supporting materials.
‘‘(C) Promoting reading and library programs that provide access to engaging reading material.
‘‘(D) Providing, on a voluntary basis, training to parents of children enrolled in a school selected to receive
assistance under subsection (d)(1) on how to help their
children with school work, particularly in the development
of reading skills. Such training may be provided directly
by the subgrant recipient, or through a grant or contract
with another person. Such training shall be consistent with
reading reforms taking place in the school setting. No
parent shall be required to participate in such training.
‘‘(E) Carrying out family literacy services based on
programs such as the Even Start family literacy model
authorized under part B of title I, to enable parents to
be their child’s first and most important teacher.
‘‘(F) Providing instruction for parents of children
enrolled in a school selected to receive assistance under
subsection (d)(1), and others who volunteer to be reading
tutors for such children, in the instructional practices based
on scientifically based reading research used by the
applicant.
‘‘(G) Programs to assist those kindergarten students
enrolled in a school selected to receive assistance under
subsection (d)(1) who are not ready for the transition to
first grade, particularly students experiencing difficulty
with reading skills.
‘‘(H) Providing additional support for children preparing to enter kindergarten and students in kindergarten
through grade 3 who are enrolled in a school selected
to receive assistance under subsection (d)(1), who are
experiencing difficulty reading, before school, after school,
on weekends, during noninstructional periods of the school
day, or during the summer, using supervised individuals
(including tutors), who have been appropriately trained
using scientifically based reading research.
‘‘(I) Providing instruction in reading to children with
reading difficulties who—
‘‘(i) are at risk of being referred to special education
based on these difficulties; or
‘‘(ii) have been evaluated under section 614 of the
Individuals with Disabilities Education Act but, in

112 STAT. 2681–401

PUBLIC LAW 105–277—OCT. 21, 1998

accordance with section 614(b)(5) of such Act, have
not been identified as being a child with a disability
(as defined in section 602 of the such Act).
‘‘(J) Providing coordination of reading, library, and literacy programs within the local educational agency to avoid
duplication and increase the effectiveness of reading,
library, and literacy activities.
‘‘(2) LIMITATION ON ADMINISTRATIVE EXPENSES.—A recipient
of a subgrant under this section may use not more than 5
percent of the subgrant funds for administrative costs.
‘‘(e) TRAINING NONRECIPIENTS.—A recipient of a subgrant under
this section may train, on a fee-for-service basis, personnel from
schools, or local educational agencies, that are not a beneficiary
of, or receiving, such a subgrant, in the instructional practices
based on scientifically based reading research used by the recipient.
Such a nonrecipient school or agency may use funds received under
title I of this Act, and other appropriate Federal funds used for
reading instruction, to pay for such training, to the extent consistent
with the law under which such funds were received.
20 USC 6661e.

‘‘SEC. 2256. TUTORIAL ASSISTANCE SUBGRANTS.

‘‘(a) IN GENERAL.—
‘‘(1) SUBGRANTS.—Except as provided in paragraph (4), a
State educational agency that receives a grant under section
2253 shall make at least one subgrant on a competitive basis
to—
‘‘(A) local educational agencies that have at least one
school in the geographic area served by the agency that—
‘‘(i) is located in an area designated as an empowerment zone under part I of subchapter U of chapter
1 of the Internal Revenue Code of 1986; or
‘‘(ii) is located in an area designated as an enterprise community under part I of subchapter U of chapter 1 of the Internal Revenue Code of 1986;
‘‘(B) local educational agencies that have at least one
school that is identified for school improvement under section 1116(c) in the geographic area served by the agency;
‘‘(C) local educational agencies with the largest, or
second largest, number of children who are counted under
section 1124(c), in comparison to all other local educational
agencies in the State; or
‘‘(D) local educational agencies with the highest, or
second highest, school-age child poverty rate, in comparison
to all other local educational agencies in the State.
For purposes of subparagraph (D), the term ‘school-age child
poverty rate’ means the number of children counted under
section 1124(c) who are living within the geographic boundaries
of the local educational agency, expressed as a percentage of
the total number of children aged 5–17 years living within
the geographic boundaries of the local educational agency.
‘‘(2) NOTIFICATION.—
‘‘(A) TO LOCAL EDUCATIONAL AGENCIES.—A State educational agency shall provide notice to all local educational
agencies within the State regarding the availability of the
subgrants under this section.
‘‘(B) TO PROVIDERS AND PARENTS.—Not later than 30
days after the date on which the State educational agency

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–402

provides notice under subparagraph (A), each local educational agency described in paragraph (1) shall, as a condition on the agency’s receipt of funds made available under
title I of this Act, provide public notice to potential providers of tutorial assistance operating in the jurisdiction of
the agency, and parents residing in such jurisdiction,
regarding the availability of the subgrants under this section.
‘‘(3) APPLICATION.—A local educational agency that desires
to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such
manner, and including such information as the agency may
require. The application shall include an assurance that the
local educational agency will use the subgrant funds to carry
out the duties described in subsection (b) for children enrolled
in any school selected by the agency that (A) is described
in paragraph (1)(A), (B) is described in paragraph (1)(B), (C)
has the largest, or second largest, number of children who
are counted under section 1124(c), in comparison to all other
schools in the local educational agency, or (D) has the highest,
or second highest, school-age child poverty rate (as defined
in the second sentence of paragraph (1)), in comparison to
all other schools in the local educational agency.
‘‘(4) EXCEPTION.—If no local educational agency within the
State submits an application to receive a subgrant under this
section within the 6-month period beginning on the date on
which the State educational agency provided notice to the local
educational agencies regarding the availability of the subgrants,
the State educational agency may use funds otherwise reserved
under 2254(2) for the purpose of providing local reading
improvement subgrants under section 2255 if the State educational agency certifies to the Secretary that the requirements
of paragraph (2) have been met and each local educational
agency in the State described in subparagraph (B) of such
paragraph has demonstrated to the State educational agency
that no provider of tutorial assistance described in such
subparagraph requested the local educational agency to submit under paragraph (3) an application for a tutorial assistance
subgrant.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—A local educational agency that receives
a subgrant under this section shall carry out, using the funds
provided under the subgrant, each of the duties described in
paragraph (2).
‘‘(2) DUTIES.—The duties described in this paragraph are
the provision of tutorial assistance in reading, before school,
after school, on weekends, or during the summer, to children
who have difficulty reading, using instructional practices based
on scientifically based reading research, through the following:
‘‘(A) The creation and implementation of objective criteria to determine in a uniform manner the eligibility of
tutorial assistance providers and tutorial assistance programs desiring to provide tutorial assistance under the
subgrant. Such criteria shall include the following:
‘‘(i) A record of effectiveness with respect to reading
readiness, reading instruction for children in

112 STAT. 2681–403

PUBLIC LAW 105–277—OCT. 21, 1998
kindergarten through 3d grade, and early childhood
literacy, as appropriate.
‘‘(ii) Location in a geographic area convenient to
the school or schools attended by the children who
will be receiving tutorial assistance.
‘‘(iii) The ability to provide tutoring in reading
to children who have difficulty reading, using instructional practices based on scientifically based reading
research and consistent with the reading instructional
methods and content used by the school the child
attends.
‘‘(B) The provision, to parents of a child eligible to
receive tutorial assistance pursuant to this section, of multiple choices among tutorial assistance providers and tutorial assistance programs determined to be eligible under
the criteria described in subparagraph (A). Such choices
shall include a school-based program and at least one tutorial assistance program operated by a provider pursuant
to a contract with the local educational agency.
‘‘(C) The development of procedures—
‘‘(i) for the provision of information to parents of
an eligible child regarding such parents’ choices for
tutorial assistance for the child;
‘‘(ii) for considering children for tutorial assistance
who are identified under subparagraph (D) and for
whom no parent has selected a tutorial assistance provider or tutorial assistance program that give such
parents additional opportunities to select a tutorial
assistance provider or tutorial assistance program
referred to in subparagraph (B); and
‘‘(iii) that permit a local educational agency to
recommend a tutorial assistance provider or tutorial
assistance program in a case where a parent asks
for assistance in the making of such selection.
‘‘(D) The development of a selection process for providing tutorial assistance in accordance with this paragraph
that limits the provision of assistance to children identified,
by the school the child attends, as having difficulty reading,
including difficulty mastering phonemic awareness, systematic phonics, fluency, and reading comprehension.
‘‘(E) The development of procedures for selecting children to receive tutorial assistance, to be used in cases
where insufficient funds are available to provide assistance
with respect to all children identified by a school under
subparagraph (D), that—
‘‘(i) give priority to children who are determined,
through State or local reading assessments, to be most
in need of tutorial assistance; and
‘‘(ii) give priority, in cases where children are
determined, through State or local reading assessments, to be equally in need of tutorial assistance,
based on a random selection principle.
‘‘(F) The development of a methodology by which payments are made directly to tutorial assistance providers
who are identified and selected pursuant to this section
and selected for funding. Such methodology shall include
the making of a contract, consistent with State and local

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–404

law, between the provider and the local educational agency.
Such contract shall satisfy the following requirements:
‘‘(i) It shall contain specific goals and timetables
with respect to the performance of the tutorial assistance provider.
‘‘(ii) It shall require the tutorial assistance provider
to report to the local educational agency on the provider’s performance in meeting such goals and timetables.
‘‘(iii) It shall specify the measurement techniques
that will be used to evaluate the performance of the
provider.
‘‘(iv) It shall require the provider to meet all
applicable Federal, State, and local health, safety, and
civil rights laws.
‘‘(v) It shall ensure that the tutorial assistance
provided under the contract is consistent with reading
instruction and content used by the local educational
agency.
‘‘(vi) It shall contain an agreement by the provider
that information regarding the identity of any child
eligible for, or enrolled in the program, will not be
publicly disclosed without the permission of a parent
of the child.
‘‘(vii) It shall include the terms of an agreement
between the provider and the local educational agency
with respect to the provider’s purchase and maintenance of adequate general liability insurance.
‘‘(viii) It shall contain provisions with respect to
the making of payments to the provider by the local
educational agency.
‘‘(G) The development of procedures under which the
local educational agency carrying out this paragraph—
‘‘(i) will ensure oversight of the quality and
effectiveness of the tutorial assistance provided by each
tutorial assistance provider that is selected for funding;
‘‘(ii) will provide for the termination of contracts
with ineffective and unsuccessful tutorial assistance
providers (as determined by the local educational
agency based upon the performance of the provider
with respect to the goals and timetables contained
in the contract between the agency and the provider
under subparagraph (F));
‘‘(iii) will provide to each parent of a child identified
under subparagraph (D) who requests such information
for the purpose of selecting a tutorial assistance provider for the child, in a comprehensible format,
information with respect to the quality and effectiveness of the tutorial assistance referred to in clause
(i);
‘‘(iv) will ensure that each school identifying a
child under subparagraph (D) will provide upon
request, to a parent of the child, assistance in selecting,
from among the tutorial assistance providers who are
identified pursuant to subparagraph (B) the provider
who is best able to meet the needs of the child;
‘‘(v) will ensure that parents of a child receiving
tutorial assistance pursuant to this section are

112 STAT. 2681–405

PUBLIC LAW 105–277—OCT. 21, 1998
informed of their child’s progress in the tutorial program; and
‘‘(vi) will ensure that it does not disclose the name
of any child who may be eligible for tutorial assistance
pursuant to this section, the name of any parent of
such a child, or any other personally identifiable
information about such a parent or child, to any tutorial assistance provider (excluding the agency itself),
without the prior written consent of such parent.

20 USC 6661f.

‘‘SEC. 2257. NATIONAL EVALUATION.

‘‘From funds reserved under section 2260(b)(1), the Secretary,
through grants or contracts, shall conduct a national assessment
of the programs under this part. In developing the criteria for
the assessment, the Secretary shall receive recommendations from
the peer review panel convened under section 2253(c)(2).
20 USC 6661g.

‘‘SEC. 2258. INFORMATION DISSEMINATION.

‘‘(a) IN GENERAL.—From funds reserved under section
2260(b)(2), the National Institute for Literacy shall disseminate
information on scientifically based reading research and information
on subgrantee projects under section 2255 or 2256 that have proven
effective. At a minimum, the institute shall disseminate such
information to all recipients of Federal financial assistance under
titles I and VII of this Act, the Head Start Act, the Individuals
with Disabilities Education Act, and the Adult Education and Family Literacy Act.
‘‘(b) COORDINATION.—In carrying out this section, the National
Institute for Literacy—
‘‘(1) shall use, to the extent practicable, information networks developed and maintained through other public and private persons, including the Secretary, the National Center for
Family Literacy, and the Readline Program;
‘‘(2) shall work in conjunction with any panel convened
by the National Institute of Child Health and Human Development and the Secretary and any panel convened by the Office
of Educational Research and Improvement to assess the current
status of research-based knowledge on reading development,
including the effectiveness of various approaches to teaching
children to read, with respect to determining the criteria by
which the National Institute for Literacy judges scientifically
based reading research and the design of strategies to disseminate such information; and
‘‘(3) may assist any State educational agency selected to
receive a grant under section 2253, and that requests such
assistance—
‘‘(A) in determining whether applications submitted
under section 2253 meet the requirements of this title
relating to scientifically based reading research; and
‘‘(B) in the development of subgrant application forms.
20 USC 6661h.

‘‘SEC. 2259. STATE EVALUATIONS; PERFORMANCE REPORTS.

‘‘(a) STATE EVALUATIONS.—
‘‘(1) IN GENERAL.—Each State educational agency that
receives a grant under section 2253 shall evaluate the success
of the agency’s subgrantees in meeting the purposes of this
part. At a minimum, the evaluation shall measure the extent
to which students who are the intended beneficiaries of the

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–406

subgrants made by the agency have improved their reading
skills.
‘‘(2) CONTRACT.—A State educational agency shall carry
out the evaluation under this subsection by entering into a
contract with an entity that conducts scientifically based reading research, under which contract the entity will perform
the evaluation.
‘‘(3) SUBMISSION.—A State educational agency shall submit
the findings from the evaluation under this subsection to the
Secretary. The Secretary shall submit a summary of the findings from the evaluations under this subsection and the
national assessment conducted under section 2257 to the appropriate committees of the Congress, including the Committee
on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of
the Senate.
‘‘(b) PERFORMANCE REPORTS.—A State educational agency that
receives a grant under section 2253 shall submit performance
reports to the Secretary pursuant to a schedule to be determined
by the Secretary, but not more frequently than annually. Such
reports shall include—
‘‘(1) with respect to subgrants under section 2255, the program or programs of reading instruction, based on scientifically
based reading research, selected by subgrantees;
‘‘(2) the results of use of the evaluation referred to in
section 2253(b)(2)(E)(iv); and
‘‘(3) a description of the subgrantees receiving funds under
this part.
‘‘SEC. 2260. AUTHORIZATIONS OF APPROPRIATIONS; RESERVATIONS
FROM APPROPRIATIONS; SUNSET.

‘‘(a) AUTHORIZATIONS.—
‘‘(1) FY 1999.—There are authorized to be appropriated
to carry out this part and section 1202(c) $260,000,000 for
fiscal year 1999.
‘‘(2) FY 2000.—There are authorized to be appropriated
to carry out this part and section 1202(c) $260,000,000 for
fiscal year 2000.
‘‘(b) RESERVATIONS.—From each of the amounts appropriated
under subsection (a) for a fiscal year, the Secretary—
‘‘(1) shall reserve 1.5 percent to carry out section 2257(a);
‘‘(2) shall reserve $5,000,000 to carry out section 2258;
and
‘‘(3) shall reserve $10,000,000 to carry out section 1202(c).
‘‘(c) SUNSET.—Notwithstanding section 422(a) of the General
Education Provisions Act, this part is not subject to extension
under such section.’’.
(b) CONFORMING AMENDMENTS.—
(1) AUTHORIZATION OF APPROPRIATIONS.—Section 2003 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6603) is amended—
(A) in subsection (a), by striking ‘‘title,’’ and inserting
‘‘title (other than part C),’’; and
(B) in subsection (b)(3), by striking ‘‘part C’’ and inserting ‘‘part D’’.
(2) PRIORITY FOR PROFESSIONAL DEVELOPMENT IN MATHEMATICS AND SCIENCE.—Section 2206 of the Elementary and

20 USC 6661i.

112 STAT. 2681–407

20 USC 6702.

PUBLIC LAW 105–277—OCT. 21, 1998

Secondary Education Act of 1965 (20 U.S.C. 6646) is amended
by inserting ‘‘(other than part C)’’ after ‘‘for this title’’ each
place such term appears.
(3) REPORTING AND ACCOUNTABILITY.—Section 2401 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6701) is amended by striking ‘‘under this part’’ each place
such term appears and inserting ‘‘under this title (other than
part C)’’.
(4) DEFINITIONS.—Section 2402 of the Elementary and
Secondary Education M Act of 1965 (20 U.S.C. 6701) is amended by striking ‘‘this part—’’ and inserting ‘‘this title (other
than part C)—’’.
(5) GENERAL DEFINITIONS.—Section 14101(10)(C) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801(10)(C)) is amended by striking ‘‘part C’’ and inserting
‘‘part D’’.
(6) PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND
TEACHERS.—Section 14503(b)(1)(B) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8893(b)(1)(B)) is
amended by striking ‘‘part C’’ and inserting ‘‘part D’’.
SUBTITLE II—AMENDMENTS TO EVEN START FAMILY
LITERACY PROGRAMS
SEC. 201. RESERVATION FOR GRANTS.

Section 1202(c) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6362(c)) is amended to read as follows:
‘‘(c) RESERVATION FOR GRANTS.—
‘‘(1) GRANTS AUTHORIZED.—From funds reserved under section 2260(b)(3), the Secretary shall award grants, on a competitive basis, to States to enable such States to plan and implement statewide family literacy initiatives to coordinate and,
where appropriate, integrate existing Federal, State, and local
literacy resources consistent with the purposes of this part.
Such coordination and integration shall include funds available
under the Adult Education and Family Literacy Act, the Head
Start Act, this part, part A of this title, and part A of title
IV of the Social Security Act.
‘‘(2) CONSORTIA.—
‘‘(A) ESTABLISHMENT.—To receive a grant under this
subsection, a State shall establish a consortium of Statelevel programs under the following laws:
‘‘(i) This title (other than part D).
‘‘(ii) The Head Start Act.
‘‘(iii) The Adult Education and Family Literacy
Act.
‘‘(iv) All other State-funded preschool programs
and programs providing literacy services to adults.
‘‘(B) PLAN.—To receive a grant under this subsection,
the consortium established by a State shall create a plan
to use a portion of the State’s resources, derived from
the programs referred to in subparagraph (A), to strengthen
and expand family literacy services in such State.
‘‘(C) COORDINATION WITH PART C OF TITLE II.—The
consortium shall coordinate its activities with the activities
of the reading and literacy partnership for the State

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–408

established under section 2253(d), if the State educational
agency receives a grant under section 2253.
‘‘(3) READING INSTRUCTION.—Statewide family literacy initiatives implemented under this subsection shall base reading
instruction on scientifically based reading research (as such
term is defined in section 2252).
‘‘(4) TECHNICAL ASSISTANCE.—The Secretary shall provide,
directly or through a grant or contract with an organization
with experience in the development and operation of successful
family literacy services, technical assistance to States receiving
a grant under this subsection.
‘‘(5) MATCHING REQUIREMENT.—The Secretary shall not
make a grant to a State under this subsection unless the
State agrees that, with respect to the costs to be incurred
by the eligible consortium in carrying out the activities for
which the grant was awarded, the State will make available
non-Federal contributions in an amount equal to not less than
the Federal funds provided under the grant.’’.
SEC. 202. DEFINITIONS.

Section 1202(e) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6362(e)) is amended—
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
‘‘(3) the term ‘family literacy services’ means services provided to participants on a voluntary basis that are of sufficient
intensity in terms of hours, and of sufficient duration, to make
sustainable changes in a family, and that integrate all of the
following activities:
‘‘(A) Interactive literacy activities between parents and
their children.
‘‘(B) Training for parents regarding how to be the primary teacher for their children and full partners in the
education of their children.
‘‘(C) Parent literacy training that leads to economic
self-sufficiency.
‘‘(D) An age-appropriate education to prepare children
for success in school and life experiences.
SEC. 203. EVALUATION.

Section 1209 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6369) is amended—
(1) in paragraph (1), by striking ‘‘and’’ at the end;
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(3) to provide States and eligible entities receiving a
subgrant under this part, directly or through a grant or contract
with an organization with experience in the development and
operation of successful family literacy services, technical assistance to ensure local evaluations undertaken under section
1205(10) provide accurate information on the effectiveness of
programs assisted under this part.’’.
SEC. 204. INDICATORS OF PROGRAM QUALITY.

(a) IN GENERAL.—The Elementary and Secondary Education
Act of 1965 is amended—

112 STAT. 2681–409
20 USC 6370.

20 USC 6369a.

PUBLIC LAW 105–277—OCT. 21, 1998
(1) by redesignating section 1210 as section 1212; and
(2) by inserting after section 1209 the following:

‘‘SEC. 1210. INDICATORS OF PROGRAM QUALITY.

‘‘Each State receiving funds under this part shall develop, based
on the best available research and evaluation data, indicators of
program quality for programs assisted under this part. Such indicators shall be used to monitor, evaluate, and improve such programs
within the State. Such indicators shall include the following:
‘‘(1) With respect to eligible participants in a program
who are adults—
‘‘(A) achievement in the areas of reading, writing,
English language acquisition, problem solving, and
numeracy;
‘‘(B) receipt of a high school diploma or a general
equivalency diploma;
‘‘(C) entry into a postsecondary school, job retraining
program, or employment or career advancement, including
the military; and
‘‘(D) such other indicators as the State may develop.
‘‘(2) With respect to eligible participants in a program
who are children—
‘‘(A) improvement in ability to read on grade level
or reading readiness;
‘‘(B) school attendance;
‘‘(C) grade retention and promotion; and
‘‘(D) such other indicators as the State may develop.’’.
(b) STATE LEVEL ACTIVITIES.—Section 1203(a) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6363(a)) is amended—
(1) in paragraph (1), by striking ‘‘and’’ at the end;
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(3) carrying out section 1210.’’.
(c) AWARD OF SUBGRANTS.—Paragraphs (3) and (4) of section
1208(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6368) are amended to read as follows:
‘‘(3) CONTINUING ELIGIBILITY.—In awarding subgrant funds
to continue a program under this part for the second, third,
or fourth year, the State educational agency shall evaluate
the program based on the indicators of program quality developed by the State under section 1210. Such evaluation shall
take place after the conclusion of the startup period, if any.
‘‘(4) INSUFFICIENT PROGRESS.—The State educational
agency may refuse to award subgrant funds if such agency
finds that the eligible entity has not sufficiently improved the
performance of the program, as evaluated based on the indicators of program quality developed by the State under section
1210, after—
‘‘(A) providing technical assistance to the eligible
entity; and
‘‘(B) affording the eligible entity notice and an opportunity for a hearing.’’.

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112 STAT. 2681–410

SEC. 205. RESEARCH.

The Elementary and Secondary Education Act of 1965, as
amended by section 204 of this Act, is further amended by inserting
after section 1210 the following:
‘‘SEC. 1211. RESEARCH.

‘‘(a) IN GENERAL.—The Secretary shall carry out, through grant
or contract, research into the components of successful family literacy services, to use—
‘‘(1) to improve the quality of existing programs assisted
under this part or other family literacy programs carried out
under this Act or the Adult Education and Family Literacy
Act; and
‘‘(2) to develop models for new programs to be carried
out under this Act or the Adult Education and Family Literacy
Act.
‘‘(b) DISSEMINATION.—The National Institute for Literacy shall
disseminate, pursuant to section 2258, the results of the research
described in subsection (a) to States and recipients of subgrants
under this part.’’.
SUBTITLE III—REPEALS
SEC. 301. REPEAL OF CERTAIN UNFUNDED EDUCATION PROGRAMS.

(a) COMMUNITY SCHOOL PARTNERSHIPS.—The Community
School Partnership Act (contained in part B of title V of the Improving America’s Schools Act of 1994 (20 U.S.C. 1070 note) is repealed.
(b) EDUCATIONAL RESEARCH, DEVELOPMENT, DISSEMINATION,
AND IMPROVEMENT ACT OF 1994.—Section 941(j) of the Educational
Research, Development, Dissemination, and Improvement Act of
1994 (20 U.S.C. 6041(j)) is repealed.
(c) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—
The following provisions are repealed:
(1)
INNOVATIVE
ELEMENTARY
SCHOOL
TRANSITION
PROJECTS.—Section 1503 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6493).
(2) DE LUGO TERRITORIAL EDUCATION IMPROVEMENT PROGRAM.—Part H of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8221 et seq.).
(3) EXTENDED TIME FOR LEARNING AND LONGER SCHOOL
YEAR.—Part L of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8351).
(4) TERRITORIAL ASSISTANCE.—Part M of title X of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8371).
(d) FAMILY AND COMMUNITY ENDEAVOR SCHOOLS.—The Family
and Community Endeavor Schools Act (42 U.S.C. 13792) is repealed.
(e) GOALS 2000: EDUCATE AMERICA ACT.—Subsections (b) and
(d)(1) of section 601 of the Goals 2000: Educate America Act (20
U.S.C. 5951) are repealed.

20 USC 6369b.

112 STAT. 2681–411

PUBLIC LAW 105–277—OCT. 21, 1998

SUBTITLE IV—TECHNICAL AND CONFORMING
AMENDMENTS
SEC. 401. TECHNICAL AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998.
29 USC 2821.

29 USC 2822.
29 USC 2831.
29 USC 2832.

29 USC 2864.

29 USC 2899.

29 USC 2911.
29 USC 2912.
29 USC 2915.

29 USC 2916.

29 USC 2918.
29 USC 2939.

29 USC 2942.

(1) Section 111(c) of the Workforce Investment Act of 1998
is amended by striking ‘‘CHAIRMAN’’ and inserting ‘‘CHAIRPERSON’’.
(2) Section 112(c)(1) of such Act is amended by striking
‘‘; and’’ and inserting ‘‘; or’’.
(3) Section 116(a)(3)(D)(ii)(I)(aa) of such Act is amended
by striking ‘‘; or’’ and inserting ‘‘; and’’.
(4) Section 117 of such Act is amended—
(A) in subsection (f)(1)(D), by striking ‘‘State’’ and
inserting ‘‘Governor’’; and
(B) in subsection (i)(1)(D)(ii), by striking subclause (II),
and inserting the following:
‘‘(II) other representatives of employees in the local
area (for a local area in which no employees are represented by such organizations).’’.
(5) Section 134(d)(4)(F) of such Act is amended by adding
at the end the following:
‘‘(iii) INDIVIDUAL TRAINING ACCOUNTS.—An individual who seeks training services and who is eligible
pursuant to subparagraph (A), may, in consultation
with a case manager, select an eligible provider of
training services from the list or identifying information for providers described in clause (ii)(I). Upon such
selection, the one-stop operator involved shall, to the
extent practicable, refer such individual to the eligible
provider of training services, and arrange for payment
for such services through an individual training
account.’’.
(6) Section 159 of such Act is amended—
(A) in subsections (c)(1)(G) and (d)(4), by striking ‘‘postsecondary’’ and inserting ‘‘postsecondary’’; and
(B) in subsection (c)(3), by striking ‘‘containing’’ and
inserting ‘‘containing,’’.
(7) Section 166(h)(3)(A) of such Act is amended by striking
‘‘paragraph (2)’’ and inserting ‘‘subparagraph (B)’’.
(8) Section 167(d) of such Act is amended by inserting
‘‘and section 127(b)(1)(A)(iii)’’ after ‘‘this section’’.
(9) Section 170(a)(1) of such Act is amended by striking
‘‘carry out’’ and inserting ‘‘carrying out’’.
(10) Section 170(b)(2) of such Act is amended by striking
‘‘174(b)’’ and inserting ‘‘173(b)’’.
(11) Section 171(b)(2) of such Act is amended by striking
‘‘only on a competitive’’ and all that follows through the period
and inserting ‘‘in accordance with generally applicable Federal
requirements.’’.
(12) Section 173(a)(2) of such Act is amended by striking
‘‘the Robert’’ and inserting ‘‘The Robert’’.
(13) Section 189(i)(1) of such Act is amended by striking
‘‘1997 (Public Law 104–208; 110 Stat. 3009–234)’’ and inserting
‘‘1998 (Public Law 105–78; 111 Stat. 1467).
(14) Paragraphs (2) and (3) of section 192(a) of such Act
are amended by striking ‘‘), to’’ and inserting ‘‘) to’’.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–412

(15) Section 334(b) of such Act is amended by striking
paragraph (2) and inserting the following:
‘‘(2) DATE.—The appointments of the members of the
Commission shall be made by February 1, 1999.’’.
(16) Section 405 of such Act is amended by striking ‘‘et
seq.),’’ and inserting ‘‘et seq.)’’.
(17) Section 501(b)(1) of such Act is amended by adding
at the end the following: ‘‘For purposes of this paragraph,
the activities and programs described in subparagraphs (A)
and (B) of paragraph (2) shall not be considered to be 2 or
more activities or programs for purposes of the unified plan.
Such activities or programs shall be considered to be 1 activity
or program.’’.
(18) Section 505 of such Act is amended—
(A) in subsection (a), by striking ‘‘in this Act’’ and
inserting ‘‘under title I, II, or III or this title’’; and
(B) in subsection (b), by striking ‘‘under this Act’’ each
place it appears and inserting ‘‘under title I, II, or III
or this title’’.
(19) Section 506(d) of such Act is amended—
(A) in paragraph (1), by striking ‘‘subsection (b)’’ and
inserting ‘‘subsection (c)’’; and
(B) in paragraph (2)—
(i) by inserting ‘‘planning authorized under’’ after
‘‘carry out’’ each place that such appears; and
(ii) by striking ‘‘the purposes’’ and inserting ‘‘the
planning purposes’’.

29 USC 2701
note.

29 USC 760–765.
20 USC 9271.

20 USC 9275.

20 USC 9276.

SEC. 402. TECHNICAL AMENDMENTS TO THE REHABILITATION ACT
OF 1973.

(a) REDESIGNATION.—
(1) The Rehabilitation Act of 1973 (as amended by title
IV of the Workforce Investment Act of 1998) is further amended
by redesignating sections 6 through 19 as sections 7, 8, and
10 through 21, respectively.
(2) The table of contents for the Rehabilitation Act of
1973 (as amended by section 403 of the Workforce Investment
Act of 1998) is further amended by striking the items relating
to sections 6 through 19 and inserting the following:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

29 USC 705–718.

7. Definitions.
8. Allotment percentage.
10. Nonduplication.
11. Application of other laws.
12. Administration of the Act.
13. Reports.
14. Evaluation.
15. Information clearinghouse.
16. Transfer of funds.
17. State administration.
18. Review of applications.
19. Carryover.
20. Client assistance information.
21. Traditionally underserved populations.’’.

(b) SECTION HEADINGS.—
(1) Section 1 of such Act (as so amended) is further amended by striking the section heading and all that follows through
‘‘SHORT TITLE.—’’ and inserting the following:
‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

‘‘(a) SHORT TITLE.—’’.

29 USC 701 note.

112 STAT. 2681–413
29 USC 701.

PUBLIC LAW 105–277—OCT. 21, 1998

(2) Section 2 of such Act (as so amended) is further amended by striking the section heading and all that follows through
‘‘FINDINGS.—’’ and inserting the following:
‘‘SEC. 2. FINDINGS; PURPOSE; POLICY.

29 USC 705.

‘‘(a) FINDINGS.—’’.
(3) Section 7 of such Act (as so amended and redesignated
in subsection (a)) is further amended by striking the section
heading and all that follows through ‘‘(1) The term’’ and inserting the following:
‘‘SEC. 7. DEFINITIONS.

29 USC 716.

‘‘For the purposes of this Act:
‘‘(1) ADMINISTRATIVE COSTS.—The term’’.
(4) Section 19 of such Act (as so amended and redesignated
in subsection (a)) is further amended by striking the section
heading and all that follows through ‘‘IN GENERAL.—’’ and
inserting the following:
‘‘SEC. 19. CARRYOVER.

29 USC 717.

‘‘(a) IN GENERAL.—’’.
(5) Section 20 of such Act (as so amended and redesignated
in subsection (a)) is further amended by striking the section
heading and all that follows through ‘‘All’’ and inserting the
following:
‘‘SEC. 20. CLIENT ASSISTANCE INFORMATION.

29 USC 718.

‘‘All’’.
(6) Section 21 of such Act (as so amended and redesignated
in subsection (a)) is further amended by striking the section
heading and all that follows through ‘‘FINDINGS.—’’ and inserting the following:
‘‘SEC. 21. TRADITIONALLY UNDERSERVED POPULATIONS.

29 USC 730.

‘‘(a) FINDINGS.—’’.
(7) Section 110 of such Act (as so amended) is further
amended by striking the section heading and all that follows
through ‘‘(a)(1) Subject’’ and inserting the following:
‘‘STATE

29 USC 731.

ALLOTMENTS

‘‘SEC. 110. (a)(1) Subject’’.
(8) Section 111 of such Act (as so amended) is further
amended by striking the section heading and all that follows
through ‘‘(a)(1) Except’’ and inserting the following:
‘‘PAYMENTS

29 USC 732.

‘‘SEC. 111. (a)(1) Except’’.
(9) Section 112 of such Act (as so amended) is further
amended by striking the section heading and all that follows
through ‘‘(a) From’’ and inserting the following:
‘‘CLIENT

29 USC 741.

TO STATES

ASSISTANCE PROGRAM

‘‘SEC. 112. (a) From’’.
(10) Section 121 of such Act (as so amended) is further
amended by striking the section heading and all that follows
through ‘‘(a) The’’ and inserting the following:

PUBLIC LAW 105–277—OCT. 21, 1998
‘‘VOCATIONAL

112 STAT. 2681–414

REHABILITATION SERVICES GRANTS

‘‘SEC. 121. (a) The’’.
(11) Section 205 of such Act (as so amended) is further
amended by striking the section heading and all that follows
through ‘‘ESTABLISHMENT.—’’ and inserting the following:

29 USC 765.

‘‘SEC. 205. REHABILITATION RESEARCH ADVISORY COUNCIL.

‘‘(a) ESTABLISHMENT.—’’.
(12) Section 621 of such Act (as so amended) is further
amended by striking the section heading and all that follows
through ‘‘It’’ and inserting the following:

29 USC 795g.

‘‘SEC. 621. PURPOSE.

‘‘It’’.
(13) Section 622 of such Act (as so amended) is further
amended by striking the section heading and all that follows
through ‘‘IN GENERAL.—’’ and inserting the following:

29 USC 795h.

‘‘SEC. 622. ALLOTMENTS.

‘‘(a) IN GENERAL.—’’.
(14) Section 623 of such Act (as so amended) is further
amended by striking the section heading and all that follows
through ‘‘Funds provided under this part may’’ and inserting
the following:

29 USC 795i.

‘‘SEC. 623. AVAILABILITY OF SERVICES.

‘‘Funds provided under this part may’’.
(15) Section 624 of such Act (as so amended) is further
amended by striking the section heading and all that follows
through ‘‘An’’ and inserting the following:

29 USC 795j.

‘‘SEC. 624. ELIGIBILITY.

‘‘An’’.
(16) Section 625 of such Act (as so amended) is further
amended by striking the section heading and all that follows
through ‘‘STATE PLAN SUPPLEMENTS.—’’ and inserting the following:

29 USC 795k.

‘‘SEC. 625. STATE PLAN.

‘‘(a) STATE PLAN SUPPLEMENTS.—’’.
(17) Section 626 of such Act (as so amended) is further
amended by striking the section heading and all that follows
through ‘‘Each’’ and inserting the following:

29 USC 795l.

‘‘SEC. 626. RESTRICTION.

‘‘Each’’.
(18) Section 627 of such Act (as so amended) is further
amended by striking the section heading and all that follows
through ‘‘SUPPORTED EMPLOYMENT SERVICES.—’’ and inserting
the following:

29 USC 795m.

‘‘SEC. 627. SAVINGS PROVISION.

‘‘(a) SUPPORTED EMPLOYMENT SERVICES.—’’.
(19) Section 628 of such Act (as so amended) is further
amended by striking the section heading and all that follows
through ‘‘There’’ and inserting the following:
‘‘SEC. 628. AUTHORIZATION OF APPROPRIATIONS.

‘‘There’’.

29 USC 795n.

112 STAT. 2681–415

29 USC 705.

29 USC 707.

29 USC 718.
29 USC 721.

29 USC 722.

29 USC 725.

PUBLIC LAW 105–277—OCT. 21, 1998

(c) OTHER AMENDMENTS.—
(1) Section 7 of such Act (as so amended and redesignated
in subsection (a)) is further amended—
(A) in paragraph (2)(B), by striking ‘‘objectives, nature,’’
and inserting ‘‘nature’’;
(B) by striking paragraph (7);
(C) in paragraph (16)(A)(iii), by striking ‘‘client’’ and
inserting ‘‘eligible individual’’; and
(D) in paragraph (36)(C), by striking ‘‘rehabilitation
objectives’’ and inserting ‘‘employment outcome’’.
(2) Section 10 of such Act (as so amended and redesignated
in subsection (a)) is further amended—
(A) by striking ‘‘disregarded: (1)’’ and inserting the
following: ‘‘disregarded—
‘‘(1)’’;
(B) by striking ‘‘(2)’’ and inserting the following:
‘‘(2)’’; and
(C) by striking ‘‘No payment’’ and inserting the following:
‘‘No payment’’.
(3) The second and third sentences of section 21(a)(3) of
such Act (as so amended and redesignated in subsection (a))
are further amended by striking ‘‘are’’ and inserting ‘‘is’’.
(4) Section 101(a) of such Act (as so amended) is further
amended—
(A) in paragraph (18)(C), by striking ‘‘will be utilized’’
and inserting ‘‘were utilized during the preceding year’’;
and
(B) in paragraph (21)(A)(i)(II)(bb), by striking ‘‘Commission’’ and inserting ‘‘commission’’.
(5) Section 102(c)(5)(F) (as so amended) is further
amended—
(A) in clause (ii), by striking ‘‘and’’ at the end thereof;
(B) in clause (iii), by striking the period and inserting
‘‘; and’’; and
(C) by adding at the end the following:
‘‘(iv) not delegate the responsibility for making
the final decision to any officer or employee of the
designated State unit.’’.
(6) Section 105(b) of such Act (as so amended) is further
amended—
(A) in paragraph (3)—
(i) by striking ‘‘Governor’’ the first place it appears
and inserting ‘‘Governor or, in the case of a State
that, under State law, vests authority for the administration of the activities carried out under this Act
in an entity other than the Governor (such as one
or more houses of the State legislature or an independent board), the chief officer of that entity’’; and
(ii) in the second and third sentences, by striking
‘‘Governor’’ and inserting ‘‘appointing authority’’;
(B) in paragraph (4)(A)(i), by striking ‘‘section 7(20)(A)’’
and inserting ‘‘section 7(20)(B)’’;
(C) in paragraph (5)(B)—
(i) in the subparagraph heading, by striking ‘‘GOVERNOR’’ and inserting ‘‘CHIEF EXECUTIVE OFFICER’’; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–416

(ii) by striking ‘‘Governor shall’’ and inserting
‘‘appointing authority described in paragraph (3) shall’’;
and
(D) in paragraphs (6)(A)(ii) and (7)(B), by striking ‘‘Governor’’ and inserting ‘‘appointing authority described in
paragraph (3)’’.
(7) Section 705(b) of such Act (as so amended) is further
amended—
(A) in paragraph (1)—
(i) by striking ‘‘Governor’’ the first place it appears
and inserting ‘‘Governor or, in the case of a State
that, under State law, vests authority for the administration of the activities carried out under this Act
in an entity other than the Governor (such as one
or more houses of the State legislature or an independent board), the chief officer of that entity’’; and
(ii) in the second sentence, by striking ‘‘Governor’’
and inserting ‘‘appointing authority’’;
(B) in paragraph (5)(B)—
(i) in the subparagraph heading, by striking ‘‘GOVERNOR’’ and inserting ‘‘CHIEF EXECUTIVE OFFICER’’; and
(ii) by striking ‘‘Governor shall’’ and inserting
‘‘appointing authority described in paragraph (3) shall’’;
and
(C) in paragraphs (6)(A)(ii) and (7)(B), by striking ‘‘Governor’’ and inserting ‘‘appointing authority described in
paragraph (3)’’.

29 USC 769d.

SEC. 403. TECHNICAL AMENDMENTS TO OTHER ACTS.

(a) WAGNER-PEYSER ACT.—
(1) IN GENERAL.—Section 15 of the Wagner-Peyser Act (as
added by section 309 of the Workforce Investment Act of 1998)
is amended—
(A) in subsection (a)(2)(A)(i), by striking ‘‘of this section’’ the second place it appears; and
(B) in subsection (e)(2)(G), by striking ‘‘complementary’’
and inserting ‘‘complementarity’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) take effect on July 2, 1999.
(b) OLDER AMERICANS ACT OF 1965.—Subparagraph (Q) of section 502(b)(1) of the Older Americans Act of 1965 (42 U.S.C.
3056(b)(1)) (as added by section 323 of the Workforce Investment
Act of 1998) is amended by aligning the margins of the subparagraph with the margins of subparagraph (P) of such section.
SEC. 404. TECHNICAL AMENDMENTS REGARDING ADULT EDUCATION.

(a) REFERENCES TO TITLE.—The matter preceding paragraph
(1) of section 203, and sections 204 and 205, of the Adult Education
and Family Literacy Act (20 U.S.C. 9202, 9203, and 9204) are
each amended by striking ‘‘this subtitle’’ and inserting ‘‘this title’’.
(b) QUALIFYING ADULT.—Section 211(d)(1) of the Adult Education and Family Literacy Act (20 U.S.C. 9211(d)(1)) is amended
by striking ‘‘, but less than 61 years of age’’.
(c) LEVELS OF PERFORMANCE.—Section 212(b)(3)(A)(vi) of the
Adult Education and Family Literacy Act (20 U.S.C.
9212(b)(3)(A)(vi)) is amended by striking ‘‘136(j)’’ and inserting
‘‘136(i)(1)’’.

29 USC 49l–2.

29 USC 49l–2
note.

112 STAT. 2681–417

PUBLIC LAW 105–277—OCT. 21, 1998

(d) CORRECTIONS EDUCATION.—Section 225(a) of the Adult Education and Family Literacy Act (20 U.S.C. 9225) is amended—
(1) in subsection (a), by striking ‘‘or education’’ and inserting ‘‘and education’’; and
(2) in subsection (c), by striking ‘‘with’’ and inserting
‘‘within’’.
(e) NATIONAL LEADERSHIP ACTIVITIES.—Section 243(2)(B) of the
Adult Education and Family Literacy Act (20 U.S.C. 9253(2)(B))
is amended by striking ‘‘qualify’’ and inserting ‘‘quality’’.
(f) INCENTIVE GRANTS.—Section 503(a) of the Workforce Investment Act of 1998 (20 U.S.C. 9273(a)) is amended by striking
‘‘expected’’ and inserting ‘‘adjusted’’.
SEC. 405. CONFORMING AMENDMENTS.

(a) REFERENCES TO SECTION 204 OF THE IMMIGRATION REFORM
CONTROL ACT OF 1986.—The table of contents for the Immigration Reform and Control Act of 1986 is amended by striking the
item relating to section 204 of such Act.
(b) REFERENCES TO TITLE II OF PUBLIC LAW 95–250.—Section
103 of Public Law 95–250 (16 U.S.C. 79l) is amended—
(1) by striking the second sentence of subsection (a); and
(2) by striking the second sentence of subsection (b).
(c) REFERENCES TO SUBTITLE C OF TITLE VII OF THE STEWART
B. MCKINNEY HOMELESS ASSISTANCE ACT.—
(1) TABLE OF CONTENTS RELATING TO SUBTITLE C OF TITLE
VII.—The table of contents of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11421 et seq.) is amended by
striking the items relating to sections 731 through 737, and
sections 739 through 741, of such Act.
(2) TITLE VII.—Title VII of such Act is amended by inserting
before section 738 the following:

AND

‘‘Subtitle C—Job Training for the Homeless’’.
(3) TITLE 31, UNITED STATES CODE.—Section 6703(a) of
title 31, United States Code, is amended—
(A) by striking paragraph (15); and
(B) by redesignating paragraphs (16) through (19) as
paragraphs (15) through (18), respectively.
(d) REFERENCES TO JOB TRAINING PARTNERSHIP ACT PRIOR
TO REPEAL.—
(1) TITLE 5, UNITED STATES CODE.—Section 3502(d) of title
5, United States Code, is amended—
(A) in paragraph (3)—
(i) in subparagraph (A), by striking clause (i) and
inserting the following:
‘‘(i) the appropriate State dislocated worker unit or
office (referred to in section 311(b)(2) of the Job Training
Partnership Act), or the State or entity designated by the
State to carry out rapid response activities under section
134(a)(2)(A) of the Workforce Investment Act of 1998; and’’;
and
(ii) in subparagraph (B)(iii), by striking ‘‘other services under the Job Training Partnership Act’’ and
inserting ‘‘other services under the Job Training Partnership Act or under title I of the Workforce Investment Act of 1998’’; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–418

(B) in paragraph (4), in the second sentence, by striking
‘‘Secretary of Labor on matters relating to the Job Training
Partnership Act’’ and inserting ‘‘Secretary of Labor on matters relating to the Job Training Partnership Act or title
I of the Workforce Investment Act of 1998’’.
(2) FOOD STAMP ACT OF 1977.—
(A) SECTION 5.—Section 5(l) of the Food Stamp Act
of 1977 (7 U.S.C. 2014(l)) is amended by striking ‘‘Notwithstanding section 142(b) of the Job Training Partnership
Act (29 U.S.C. 1552(b)), earnings to individuals participating in on-the-job training programs under section
204(b)(1)(C) or section 264(c)(1)(A) of the Job Training Partnership Act’’ and inserting ‘‘Notwithstanding section 142(b)
of the Job Training Partnership Act or section 181(a)(2)
of the Workforce Investment Act of 1998, earnings to
individuals participating in on-the-job training programs
under section 204(b)(1)(C) or 264(c)(1)(A) of the Job Training Partnership Act or in on-the-job training under title
I of the Workforce Investment Act of 1998’’.
(B) SECTION 6.—Section 6 of the Food Stamp Act of
1977 (7 U.S.C. 2015) is amended—
(i) in subsection (d)(4)(M), by striking ‘‘the State
public employment offices and agencies operating programs under the Job Training Partnership Act’’ and
inserting ‘‘the State public employment offices and
agencies operating programs under the Job Training
Partnership Act or of the State public employment
offices and other State agencies and providers carrying
out activities under title I of the Workforce Investment
Act of 1998’’;
(ii) in subsection (e)(3), by striking subparagraph
(A) and inserting the following:
‘‘(A) a program under the Job Training Partnership
Act or title I of the Workforce Investment Act of 1998;’’;
and
(iii) in subsection (o)(1)(A), by striking ‘‘Job Training Partnership Act (29 U.S.C. 1501 et seq.)’’ and
inserting ‘‘Job Training Partnership Act or title I of
the Workforce Investment Act of 1998’’.
(C) SECTION 17.—The second sentence of section
17(b)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(2))
is amended—
(i) by striking ‘‘to accept an offer of employment
from a political subdivision or a prime sponsor pursuant to the Comprehensive Employment and Training
Act of 1973, as amended (29 U.S.C. 812),’’ and inserting
‘‘to accept an offer of employment from a political subdivision or provider pursuant to a program carried
out under the Job Training Partnership Act or title
I of the Workforce Investment Act of 1998,’’; and
(ii) by striking ‘‘: Provided, That all of the political
subdivision’s’’ and all that follows and inserting ‘‘, if
all of the jobs supported under the program have been
made available to participants in the program before
the political subdivision or provider providing the jobs
extends an offer of employment under this paragraph,
and if the political subdivision or provider, in

112 STAT. 2681–419

PUBLIC LAW 105–277—OCT. 21, 1998

employing the person, complies with the requirements
of Federal law that relate to the program.’’.
(3) PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996.—
(A) Section 403(c)(2)(K) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1613(c)(2)(K)) is amended by striking ‘‘Job Training Partnership Act’’ and inserting ‘‘Job Training Partnership Act
or title I of the Workforce Investment Act of 1998’’.
(B) Section 423(d)(11) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1183a note) is amended by striking ‘‘Job Training Partnership Act’’ and inserting ‘‘Job Training Partnership Act or
title I of the Workforce Investment Act of 1998’’.
(4)
IMMIGRATION
AND
NATIONALITY
ACT.—Section
245A(h)(4)(F) of the Immigration and Nationality Act (8 U.S.C.
1255a(h)(4)(F)) is amended by striking ‘‘The Job Training Partnership Act.’’ and inserting ‘‘The Job Training Partnership Act
or title I of the Workforce Investment Act of 1998.’’.
(5) REFUGEE EDUCATION ASSISTANCE ACT OF 1980.—Section
402(a)(4) of the Refugee Education Assistance Act of 1980 (8
U.S.C. 1522 note) is amended by striking ‘‘the Comprehensive
Employment and Training Act of 1973’’ and inserting ‘‘the
Job Training Partnership Act or title I of the Workforce Investment Act of 1998’’.
(6) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1991.—Section 4003(5)(C) of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2391 note) is amended
by inserting before the period the following: ‘‘, as in effect
on the day before the date of enactment of the Workforce
Investment Act of 1998’’.
(7) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1993.—
(A) SECTION 3161.—Section 3161(c)(6) of the National
Defense Authorization Act for Fiscal Year 1993 (42 U.S.C.
7274h(c)(6)) is amended by striking subparagraph (A) and
inserting the following:
‘‘(A) programs carried out by the Secretary of Labor
under the Job Training Partnership Act or title I of the
Workforce Investment Act of 1998;’’.
(B) SECTION 4461.—Section 4461(1) of the National
Defense Authorization Act for Fiscal Year 1993 (10 U.S.C.
1143 note) is amended by striking ‘‘The Job Training Partnership Act (29 U.S.C. 1501 et seq.).’’ and inserting ‘‘The
Job Training Partnership Act or title I of the Workforce
Investment Act of 1998.’’.
(C) SECTION 4471.—Section 4471 of the National
Defense Authorization Act for Fiscal Year 1993 (10 U.S.C.
2501 note) is amended—
(i) in subsection (c)(2), by striking ‘‘the State dislocated’’ and all that follows through ‘‘and the chief’’
and inserting ‘‘the State dislocated worker unit or office
referred to in section 311(b)(2) of the Job Training
Partnership Act, or the State or entity designated by
the State to carry out rapid response activities under
section 134(a)(2)(A) of the Workforce Investment Act
of 1998, and the chief’’;

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–420

(ii) in subsection (d)—
(I) in the first sentence, by striking ‘‘for training, adjustment assistance, and employment services’’ and all that follows through ‘‘except where’’
and inserting ‘‘for training, adjustment assistance,
and employment services under section 325 or
325A of the Job Training Partnership Act or to
participate in employment and training activities
carried out under title I of the Workforce Investment Act of 1998, except in a case in which’’;
and
(II) by striking the second sentence; and
(iii) in subsection (e), by striking ‘‘for training,’’
and all that follows through ‘‘beginning’’ and inserting
‘‘, on the basis of any related reduction in funding
under the contract, for training, adjustment assistance,
and employment services under section 325 or 325A
of the Job Training Partnership Act or to participate
in employment and training activities under title I
of the Workforce Investment Act of 1998, beginning’’.
(D) SECTION 4492.—Section 4492(b) of the National
Defense Authorization Act for Fiscal Year 1993 (10 U.S.C.
1143 note) is amended by striking ‘‘the Job Training Partnership Act’’ and inserting ‘‘the Job Training Partnership
Act or title I of the Workforce Investment Act of 1998’’.
(8) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1994.—Section 1333(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2701 note) is amended
by striking ‘‘Private industry councils (as described in section
102 of the Job Training Partnership Act (29 U.S.C. 1512)).’’
and inserting ‘‘Private industry councils as described in section
102 of the Job Training Partnership Act or local workforce
investment boards established under section 117 of the
Workforce Investment Act of 1998.’’.
(9) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1998.—Section 2824(c)(5) of the National Defense Authorization
Act for Fiscal Year 1998 (10 U.S.C. 2687 note) is amended
by striking ‘‘Job Training Partnership Act’’ and inserting ‘‘Job
Training Partnership Act or title I of the Workforce Investment
Act of 1998’’.
(10) SMALL BUSINESS ACT.—The fourth sentence of section
7(j)(13)(E) of the Small Business Act (15 U.S.C. 636(j)(13)(E))
is amended by striking ‘‘the Job Training Partnership Act (29
U.S.C. 1501 et seq.)’’ and inserting ‘‘the Job Training Partnership Act or title I of the Workforce Investment Act of 1998’’.
(11) EMPLOYMENT ACT OF 1946.—Section 4(f)(2)(B) of the
Employment Act of 1946 (15 U.S.C. 1022a(f)(2)(B)) is amended
by striking ‘‘and include these in the annual Employment and
Training Report of the President required under section 705(a)
of the Comprehensive Employment and Training Act of 1973
(hereinafter in this Act referred to as ‘CETA’)’’ and inserting
‘‘and prepare and submit to the President an annual report
containing the recommendations’’.
(12) FULL EMPLOYMENT AND BALANCED GROWTH ACT OF
1978.—

112 STAT. 2681–421

PUBLIC LAW 105–277—OCT. 21, 1998

(A) SECTION 206.—Section 206 of the Full Employment
and Balanced Growth Act of 1978 (15 U.S.C. 3116) is
amended—
(i) in subsection (b)—
(I) in the matter preceding paragraph (1), by
striking ‘‘CETA’’ and inserting ‘‘the Job Training
Partnership Act and title I of the Workforce Investment Act of 1998’’; and
(II) in paragraph (1), by striking ‘‘(including
use of section 110 of CETA when necessary)’’; and
(ii) in subsection (c)(1), by striking ‘‘CETA’’ and
inserting ‘‘activities carried out under the Job Training
Partnership Act or title I of the Workforce Investment
Act of 1998’’.
(B) SECTION 401.—Section 401(d) of the Full Employment and Balanced Growth Act of 1978 (15 U.S.C. 3151(d))
is amended by striking ‘‘include, in the annual Employment
and Training Report of the President provided under section 705(a) of CETA,’’ and inserting ‘‘include, in the annual
report referred to in section 4(f)(2)(B) of the Employment
Act of 1946 (15 U.S.C. 1022a(f)(2)(B)),’’.
(13) TITLE 18, UNITED STATES CODE.—Subsections (a), (b),
and (c) of section 665 of title 18, United States Code are
amended by striking ‘‘the Comprehensive Employment and
Training Act or the Job Training Partnership Act’’ and inserting
‘‘the Job Training Partnership Act or title I of the Workforce
Investment Act of 1998’’.
(14) TRADE ACT OF 1974.—
(A) SECTION 236.—Section 236(a)(5)(B) of the Trade
Act of 1974 (19 U.S.C. 2296(a)(5)(B)) is amended by striking
‘‘section 303 of the Job Training Partnership Act’’ and
inserting ‘‘section 303 of the Job Training Partnership Act
or title I of the Workforce Investment Act of 1998’’.
(B) SECTION 239.—Section 239(e) of the Trade Act of
1974 (19 U.S.C. 2311(e)) is amended by striking ‘‘under
title III of the Job Training Partnership Act’’ and inserting
‘‘under title III of the Job Training Partnership Act or
title I of the Workforce Investment Act of 1998’’.
(15) HIGHER EDUCATION ACT OF 1965.—
(A) SECTION 418A.—Subsections (b)(1)(B)(ii) and
(c)(1)(A) of section 418A of the Higher Education Act of
1965 (20 U.S.C. 1070d–2) are amended by striking ‘‘section
402 of the Job Training Partnership Act’’ and inserting
‘‘section 402 of the Job Training Partnership Act or section
167 of the Workforce Investment Act of 1998’’.
(B) SECTION 480.—Section 480(b)(14) of the Higher
Education Act of 1965 (20 U.S.C. 1087vv(b)(14)) is amended
by striking ‘‘Job Training Partnership Act noneducational
benefits’’ and inserting ‘‘Job Training Partnership Act noneducational benefits or benefits received through participation in employment and training activities under title I
of the Workforce Investment Act of 1998’’.
(16) DEPARTMENT OF EDUCATION ORGANIZATION ACT.—Subsection (a) of section 302 of the Department of Education
Organization Act (20 U.S.C. 3443(a)) is amended by striking
‘‘under section 303(c)(2) of the Comprehensive Employment and
Training Act’’ and inserting ‘‘relating to such education’’.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–422

(17) NATIONAL SKILL STANDARDS ACT OF 1994.—
(A) SECTION 504.—Section 504(c)(3) of the National
Skill Standards Act of 1994 (20 U.S.C. 5934(c)(3)) is amended by striking ‘‘the Capacity Building and Information and
Dissemination Network established under section 453(b)
of the Job Training Partnership Act (29 U.S.C. 1733(b))
and’’.
(B) SECTION 508.—Section 508(1) of the National Skill
Standards Act of 1994 (20 U.S.C. 5938(1)) is amended
to read as follows:
‘‘(1) COMMUNITY-BASED ORGANIZATION.—The term ‘community-based organization’ means a private nonprofit organization
that is representative of a community or a significant segment
of a community and that has demonstrated expertise and
effectiveness in the field of workforce investment.’’.
(18) ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965.—
(A) SECTION 1205.—Section 1205(8)(B) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6365(8)(B)) is amended by striking ‘‘the Job Training
Partnership Act’’ and inserting ‘‘the Job Training Partnership Act and title I of the Workforce Investment Act of
1998’’.
(B) SECTION 1414.—Section 1414(c)(8) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6434(c)(8)) is amended by striking ‘‘programs under
the Job Training Partnership Act,’’ and inserting ‘‘programs
under the Job Training Partnership Act or title I of the
Workforce Investment Act of 1998,’’.
(C) SECTION 1423.—Section 1423(9) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6453(9))
is amended by striking ‘‘programs under the Job Training
and Partnership Act’’ and inserting ‘‘programs under the
Job Training Partnership Act or title I of the Workforce
Investment Act of 1998’’.
(D) SECTION 1425.—Section 1425(9) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6455(9))
is amended by striking ‘‘, such as funds under the Job
Training Partnership Act,’’ and inserting ‘‘, such as funds
made available under the Job Training Partnership Act
or title I of the Workforce Investment Act of 1998,’’.
(19) DISTRICT OF COLUMBIA SCHOOL REFORM ACT OF 1995.—
Section 2604(c)(2)(B)(ii) of the District of Columbia School
Reform Act of 1995 (Public Law 104–134; 110 Stat. 1321–
145) is amended by striking ‘‘Job Training Partnership Act
(29 U.S.C. 1501 et seq.)’’ and inserting ‘‘Job Training Partnership Act or title I of the Workforce Investment Act of 1998’’.
(20) FREEDOM SUPPORT ACT.—The last sentence of section
505 of the FREEDOM Support Act (22 U.S.C. 5855) is amended
by striking ‘‘, through the Defense Conversion’’ and all that
follows through ‘‘or through’’ and inserting ‘‘or through’’.
(21) EMERGENCY JOBS AND UNEMPLOYMENT ASSISTANCE ACT
OF 1974.—
(A) SECTION 204.—Section 204(b) of the Emergency
Jobs and Unemployment Assistance Act of 1974 (26 U.S.C.
3304 note) is amended by striking ‘‘designate as an area’’
and all that follows and inserting ‘‘designate as an area

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PUBLIC LAW 105–277—OCT. 21, 1998

under this section an area that is a service delivery area
established under section 101 of the Job Training Partnership Act (except that after local workforce investment areas
are designated under section 116 of the Workforce Investment Act of 1998 for the State involved, the corresponding
local workforce investment area shall be considered to be
the area designated under this section) or a local workforce
investment area designated under section 116 of the
Workforce Investment Act of 1998.’’.
(B) SECTION 223.—Section 223 of the Emergency Jobs
and Unemployment Assistance Act of 1974 (26 U.S.C. 3304
note) is amended—
(i) in paragraph (3), by striking ‘‘assistance provided’’ and all that follows and inserting ‘‘assistance
provided under the Job Training Partnership Act or
title I of the Workforce Investment Act of 1998;’’; and
(ii) in paragraph (4), by striking ‘‘funds provided’’
and all that follows and inserting ‘‘funds provided
under the Job Training Partnership Act or title I of
the Workforce Investment Act of 1998;’’.
(22) JOB TRAINING REFORM AMENDMENTS OF 1992.—Section
701 of the Job Training Reform Amendments of 1992 (29 U.S.C.
1501 note) is repealed.
(23) PUBLIC LAW 98–524.—Section 7 of Public Law 98–
524 (29 U.S.C. 1551 note) is repealed.
(24) VETERANS’ BENEFITS AND PROGRAMS IMPROVEMENT ACT
OF 1988.—Section 402 of the Veterans’ Benefits and Programs
Improvement Act of 1988 (29 U.S.C. 1721 note) is amended—
(A) in subsection (a), by striking ‘‘title III of the Job
Training Partnership Act (29 U.S.C. 1651 et seq.)’’ and
inserting ‘‘title III of the Job Training Partnership Act
or title I of the Workforce Investment Act of 1998’’;
(B) in subsection (c), by striking ‘‘Training, in consultation with the office designated or created under section
322(b) of the Job Training Partnership Act,’’ and inserting
‘‘Training, in consultation with the unit or office designated
or created under section 322(b) of the Job Training Partnership Act or any successor to such unit or office under
title I of the Workforce Investment Act of 1998,’’; and
(C) in subsection (d)—
(i) in paragraph (1)(A), by striking ‘‘part C’’ and
all that follows through ‘‘; and’’ and inserting ‘‘part
C of title IV of the Job Training Partnership Act or
title I of the Workforce Investment Act of 1998; and’’;
and
(ii) in paragraph (2), by striking ‘‘Employment and
training’’ and all that follows and inserting ‘‘Employment and training activities for dislocated workers
under title III of the Job Training Partnership Act
or title I of the Workforce Investment Act of 1998.’’.
(25) VETERANS’ JOB TRAINING ACT.—
(A) SECTION 13.—Section 13(b) of the Veterans’ Job
Training Act (29 U.S.C. 1721 note) is amended by striking
‘‘assistance under the Job Training Partnership Act (29
U.S.C. 1501 et seq.)’’ and inserting ‘‘assistance under the
Job Training Partnership Act or title I of the Workforce
Investment Act of 1998’’.

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112 STAT. 2681–424

(B) SECTION 14.—Section 14(b)(3)(B)(i)(II) of the Veterans’ Job Training Act (29 U.S.C. 1721 note) is amended
by striking ‘‘under part C of title IV of the Job Training
Partnership Act (29 U.S.C. 1501 et seq.)’’ and inserting
‘‘under part C of title IV the Job Training Partnership
Act or title I of the Workforce Investment Act of 1998’’.
(C) SECTION 15.—Section 15(c)(2) of the Veterans’ Job
Training Act (29 U.S.C. 1721 note) is amended—
(i) in the second sentence, by striking ‘‘part C
of title IV of the Job Training Partnership Act (29
U.S.C. 1501 et seq.)’’ and inserting ‘‘part C of title
IV of the Job Training Partnership Act or title I of
the Workforce Investment Act of 1998’’; and
(ii) in the third sentence, by striking ‘‘title III
of that Act’’ and inserting ‘‘title III of the Job Training
Partnership Act or title I of the Workforce Investment
Act of 1998’’.
(26) WORKER ADJUSTMENT AND RETRAINING NOTIFICATION
ACT.—Section 3(a)(2) of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2102(a)(2)) is amended by striking
‘‘to the State’’ and all that follows through ‘‘and the chief’’
and inserting ‘‘to the State dislocated worker unit or office
(referred to in section 311(b)(2) of the Job Training and Partnership Act), or the State or entity designated by the State to
carry out rapid response activities under section 134(a)(2)(A)
of the Workforce Investment Act of 1998, and the chief’’.
(27) TITLE 31, UNITED STATES CODE.—Section 6703(a) of
title 31, United States Code, is amended by striking paragraph
(4) and inserting the following:
‘‘(4) Programs under title II or IV of the Job Training
Partnership Act or under title I of the Workforce Investment
Act of 1998.’’.
(28) VETERANS’ REHABILITATION AND EDUCATION AMENDMENTS OF 1980.—Section 512 of the Veterans’ Rehabilitation
and Education Amendments of 1980 (38 U.S.C. 4101 note)
is amended by striking ‘‘the Comprehensive Employment and
Training Act (29 U.S.C. et seq.),’’ and inserting ‘‘the Job Training Partnership Act or title I of the Workforce Investment
Act of 1998,’’.
(29) TITLE 38, UNITED STATES CODE.—
(A) SECTION 4102A.—Section 4102A(d) of title 38,
United States Code, is amended by striking ‘‘the Job Training Partnership Act’’ and inserting ‘‘the Job Training Partnership Act and title I of the Workforce Investment Act
of 1998’’.
(B) SECTION 4103A.—Section 4103A(c)(4) of title 38,
United States Code, is amended by striking ‘‘(including
part C of title IV of the Job Training Partnership Act
(29 U.S.C. 1501 et seq.))’’ and inserting ‘‘including part
C of title IV of the Job Training Partnership Act and
title I of the Workforce Investment Act of 1998’’.
(C) SECTION 4213.—Section 4213 of title 38, United
States Code, is amended by striking ‘‘program assisted
under the Job Training Partnership Act (29 U.S.C. 1501
et seq.),’’ and inserting ‘‘program carried out under the
Job Training Partnership Act or title I of the Workforce
Investment Act of 1998,’’.

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(30) SOCIAL SECURITY ACT.—Section 403(a)(5) of Social
Security Act (42 U.S.C. 603(a)(5)) is amended—
(A) in subparagraph (A)(vii)(I), by striking ‘‘(as
described in section 103(c) of the Job Training Partnership
Act)’’ and inserting ‘‘(as described in section 103(c) of the
Job Training Partnership Act or defined in section 101
of the Workforce Investment Act of 1998)’’; and
(B) in subparagraph (D)—
(i) in clause (ii), by striking ‘‘means, with respect
to a service delivery area, the private industry council
(or successor entity) established for the service delivery
area pursuant to the Job Training Partnership Act’’
and inserting ‘‘means, with respect to a service delivery
area, the private industry council or local workforce
investment board established for the service delivery
area pursuant to the Job Training Partnership Act
or title I of the Workforce Investment Area of 1998,
as appropriate’’; and
(ii) in clause (iii), by striking ‘‘shall have the meaning given such term (or the successor to such term)
for purposes of the Job Training Partnership Act’’ and
inserting ‘‘shall have the meaning given such term
for purposes of the Job Training Partnership Act or
shall mean a local area as defined in section 101 of
the Workforce Investment Act of 1998, as appropriate’’.
(31) UNITED STATES HOUSING ACT.—Section 23 of the United
States Housing Act of 1937 (42 U.S.C. 1437u) is amended—
(A) in subsection (b)(2)(A), by striking ‘‘the Job Training’’ and all that follows through ‘‘or the’’ and inserting
‘‘the Job Training Partnership Act or title I of the Workforce
Investment Act of 1998 or the’’;
(B) in the first sentence of subsection (f)(2), by striking
‘‘programs under the’’ and all that follows through ‘‘and
the’’ and inserting ‘‘programs under the Job Training Partnership Act or title I of the Workforce Investment Act
of 1998 or the’’; and
(C) in subsection (g)—
(i) in paragraph (2), by striking ‘‘programs under
the’’ and all that follows through ‘‘and the’’ and inserting ‘‘programs under the Job Training Partnership Act
or title I of the Workforce Investment Act of 1998
or the’’; and
(ii) in paragraph (3)(H), by striking ‘‘program
under’’ and all that follows through ‘‘and any other’’
and inserting ‘‘programs under the Job Training Partnership Act or title I of the Workforce Investment
Act of 1998 and any other’’.
(32) HOUSING ACT OF 1949.—Section 504(c)(3) of the Housing Act of 1949 (42 U.S.C. 1474(c)(3)) is amended by striking
‘‘pursuant to’’ and all that follows through ‘‘or the’’ and inserting
‘‘pursuant to the Job Training Partnership Act or title I of
the Workforce Investment Act of 1998 or the’’.
(33) OLDER AMERICANS ACT OF 1965.—
(A) SECTION 203.—Section 203 of the Older Americans
Act of 1965 (42 U.S.C. 3013) is amended—
(i) in subsection (a)(2), by striking the last sentence
and inserting the following: ‘‘In particular, the

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112 STAT. 2681–426

Secretary of Labor shall consult and cooperate with
the Assistant Secretary in carrying out the Job Training Partnership Act and title I of the Workforce Investment Act of 1998.’’; and
(ii) in subsection (b), by striking paragraph (1)
and inserting the following:
‘‘(1) the Job Training Partnership Act or title I of the
Workforce Investment Act of 1998,’’.
(B) SECTION 502.—Section 502 of the Older Americans
Act of 1965 (42 U.S.C. 3056) is amended—
(i) in subsection (b)(1)(N)(i), by striking ‘‘the Job
Training Partnership Act (29 U.S.C. 1501 et seq.)’’
and inserting ‘‘the Job Training Partnership Act and
title I of the Workforce Investment Act of 1998’’; and
(ii) in subsection (e)(2)(C), by striking ‘‘programs
carried out under section 124 of the Job Training Partnership Act (29 U.S.C. 1534)’’ and inserting ‘‘programs
carried out under the Job Training Partnership Act
and title I of the Workforce Investment Act of 1998’’.
(C) SECTION 503.—Section 503(b)(1) of the Older
Americans Act of 1965 (42 U.S.C. 3056a(b)(1)) is amended—
(i) in the first sentence, by striking ‘‘the Job Training Partnership Act’’ and inserting ‘‘the Job Training
Partnership Act and title I of the Workforce Investment
Act of 1998’’; and
(ii) in the first sentence, by striking ‘‘the Job Training Partnership Act’’ and inserting ‘‘the Job Training
Partnership Act or title I of the Workforce Investment
Act of 1998’’.
(D) SECTION 510.—Section 510 of the Older Americans
Act of 1965 (42 U.S.C. 3056h) is amended by striking
the matter following the section heading and inserting
the following:
‘‘In the case of projects under this title carried out jointly
with programs carried out under the Job Training Partnership
Act, eligible individuals shall be deemed to satisfy the requirements
of sections 203 and 204(d)(5)(A) of such Act (29 U.S.C. 1603,
1604(d)(5)(A)) that are applicable to adults. In the case of projects
under this title carried out jointly with programs carried out under
subtitle B of title I of the Workforce Investment Act of 1998,
eligible individuals shall be deemed to satisfy the requirements
of section 134 of such Act.’’.
(34) OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF
1968.—Section 1801(b)(3) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)(3)) is amended
by striking ‘‘activities carried out under part B of title IV
of the Job Training Partnership Act (relating to Job Corps)
(29 U.S.C. 1691 et seq.)’’ and inserting ‘‘activities carried out
under part B of title IV of the Job Training Partnership Act
or subtitle C of title I of the Workforce Investment Act of
1998 (relating to Job Corps)’’.
(35) ENVIRONMENTAL PROGRAMS ASSISTANCE ACT OF 1984.—
The second sentence of section 2(a) of the Environmental Programs Assistance Act of 1984 (42 U.S.C. 4368a(a)) is amended
by striking ‘‘and title IV of the Job Training Partnership Act’’
and inserting ‘‘and title IV of the Job Training Partnership

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PUBLIC LAW 105–277—OCT. 21, 1998

Act or subtitle D of title I of the Workforce Investment Act
of 1998’’.
(36) DOMESTIC VOLUNTEER SERVICE ACT OF 1973.—
(A) SECTION 103.—The second sentence of section
103(d) of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 4953(d)) is amended to read as follows: ‘‘Whenever
feasible, such efforts shall be coordinated with an appropriate private industry council established under the Job
Training Partnership Act or local workforce investment
board established under section 117 of the Workforce
Investment Act of 1998.’’.
(B) SECTION 109.—Subsections (c)(2) and (d)(2) of section 109 of the Domestic Volunteer Service Act of 1973
(42 U.S.C. 4959) is amended by striking ‘‘administrative
entities designated to administer job training plans under
the Job Training Partnership Act’’ and inserting ‘‘administrative entities designated to administer job training plans
under the Job Training Partnership Act and eligible providers of employment and training activities under subtitle
B of title I of the Workforce Investment Act of 1998’’.
(37) AGE DISCRIMINATION ACT OF 1975.—Section 304(c)(1)
of the Age Discrimination Act of 1975 (42 U.S.C. 6103(c)(1))
is amended by striking ‘‘Except with’’ and all that follows
through ‘‘nothing’’ and inserting ‘‘Nothing’’.
(38) ENERGY CONSERVATION AND PRODUCTION ACT.—Section
414(b)(3) of the Energy Conservation and Production Act (42
U.S.C. 6864(b)(3)) is amended by striking ‘‘the Comprehensive
Employment and Training Act of 1973’’ and inserting ‘‘the
Job Training Partnership Act or title I of the Workforce Investment Act of 1998’’.
(39) NATIONAL ENERGY CONSERVATION POLICY ACT.—Section
233 of the National Energy Conservation Policy Act (42 U.S.C.
6873) is amended, in the matter preceding paragraph (1), by
striking ‘‘the Comprehensive Employment and Training Act
of 1973’’ and inserting ‘‘the Job Training Partnership Act or
title I of the Workforce Investment Act of 1998’’.
(40) COMMUNITY ECONOMIC DEVELOPMENT ACT OF 1981.—
Section 617(a)(3) of the Community Economic Development Act
of 1981 (42 U.S.C. 9806(a)(3)) is amended by striking ‘‘activities
such as those described in the Comprehensive Employment
and Training Act’’ and inserting ‘‘activities such as the activities
described in the Job Training Partnership Act or title I of
the Workforce Investment Act of 1998’’.
(41) STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT.—
Section 103(b)(2) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11302(b)(2)) is amended by striking ‘‘the
Job Training Partnership Act’’ and inserting ‘‘the Job Training
Partnership Act or title I of the Workforce Investment Act
of 1998’’.
(42) NATIONAL AND COMMUNITY SERVICE ACT OF 1990.—
(A) SECTION 177.—Section 177(d) of the National and
Community Service Act of 1990 (42 U.S.C. 12637(d)) is
amended to read as follows:
‘‘(d) TREATMENT OF BENEFITS.—Allowances, earnings, and payments to individuals participating in programs that receive assistance under this title shall not be considered to be income for
the purposes of determining eligibility for and the amount of income

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112 STAT. 2681–428

transfer and in-kind aid furnished under any Federal or federally
assisted program based on need, other than as provided under
the Social Security Act (42 U.S.C. 301 et seq.).’’.
(B) SECTION 198C.—Section 198C of the National and
Community Service Act of 1990 (42 U.S.C. 12653c) is
amended—
(i) in subsection (b)(1), by striking ‘‘a military
installation described in section 325(e)(1) of the Job
Training Partnership Act (29 U.S.C. 1662d(e)(1)).’’ and
inserting ‘‘a military installation being closed or
realigned under—
‘‘(A) the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of division B of Public Law
101–510; 10 U.S.C. 2687 note); and
‘‘(B) title II of the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100–
526; 10 U.S.C. 2687 note).’’; and
(ii) in subsection (e)(1)(B), by striking clause (iii)
and inserting the following:
‘‘(iii) an eligible youth described in section 423 of the
Job Training Partnership Act or an individual described
in section 144 of the Workforce Investment Act of 1998.’’.
(C) SECTION 199L.—Section 199L(a) of the National
and Community Service Act of 1990 (42 U.S.C. 12655m(a))
is amended by striking ‘‘the Job Training Partnership Act
(29 U.S.C. 1501 et seq.)’’ and inserting ‘‘the Job Training
Partnership Act and title I of the Workforce Investment
Act of 1998’’.
(43) CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING
ACT.—
(A) SECTION 454.—Subparagraphs (H) and (M) of subsection (c)(2), and subsection (d)(7), of section 454 of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12899c) are amended by striking ‘‘the Job Training
Partnership Act’’ and inserting ‘‘the Job Training Partnership Act and title I of the Workforce Investment Act of
1998’’.
(B) SECTION 456.—The first sentence of section 456(e)
of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12899e(e)) is amended by inserting ‘‘(as in effect
on the day before the date of enactment of the Workforce
Investment Act of 1998)’’ after ‘‘the Job Training Partnership Act’’ each place it appears.
(44) VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT
OF 1994.—Section 31113(a)(4)(C) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13823(a)(4)(C))
is amended by striking ‘‘authorized under the Job Training
Partnership Act (29 U.S.C. 1501 et seq.)’’ and inserting ‘‘authorized under the Job Training Partnership Act or title I of the
Workforce Investment Act of 1998’’.
(e) OTHER REFERENCES TO TITLE VII OF THE STEWART B.
MCKINNEY HOMELESS ASSISTANCE ACT.—
(1) TABLE OF CONTENTS.—The table of contents of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11421
et seq.) is amended by striking the items relating to title
VII of such Act, except the items relating to the title heading,
and subtitles B and C, of such title.

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(2) TITLE VII.—The Stewart B. McKinney Homeless Assistance Act (as amended by section 199(b)(1) of the Workforce
Investment Act of 1998) is further amended by inserting before
subtitle B (relating to education for homeless children and
families) the following:
‘‘SUBTITLE VII—EDUCATION AND TRAINING’’.
(f) REFERENCES TO JOB TRAINING PARTNERSHIP ACT SUBSETO REPEAL.—
(1) TITLE 5, UNITED STATES CODE.—Section 3502(d) of title
5, United States Code, is amended—
(A) in paragraph (3)—
(i) in subparagraph (A), by striking clause (i) and
inserting the following:
‘‘(i) the State or entity designated by the State to
carry out rapid response activities under section
134(a)(2)(A) of the Workforce Investment Act of 1998; and’’;
and
(ii) in subparagraph (B)(iii), by striking ‘‘under
the Job Training Partnership Act or’’; and
(B) in paragraph (4), in the second sentence, by striking
‘‘the Job Training Partnership Act or’’.
(2) FOOD STAMP ACT OF 1977.—
(A) SECTION 5.—Section 5(l) of the Food Stamp Act
of 1977 (7 U.S.C. 2014(l)) is amended by striking ‘‘Notwithstanding section 142(b) of the Job Training Partnership
Act or section 181(a)(2) of the Workforce Investment Act
of 1998, earnings to individuals participating in on-thejob training programs under section 204(b)(1)(C) or
264(c)(1)(A) of the Job Training Partnership Act or in onthe-job training under title I of the Workforce Investment
Act of 1998’’ and inserting ‘‘Notwithstanding section
181(a)(2) of the Workforce Investment Act of 1998, earnings
to individuals participating in on-the-job training under
title I of the Workforce Investment Act of 1998’’
(B) SECTION 6.—Section 6 of the Food Stamp Act of
1977 (7 U.S.C. 2015) is amended—
(i) in subsection (d)(4)(M), by striking ‘‘the State
public employment offices and agencies operating programs under the Job Training Partnership Act or of’’;
(ii) in subsection (e)(3), by striking subparagraph
(A) and inserting the following:
‘‘(A) a program under title I of the Workforce Investment Act of 1998;’’; and
(iii) in subsection (o)(1)(A), by striking ‘‘Job Training Partnership Act or’’.
(C) SECTION 17.—The second sentence of section
17(b)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(2))
is amended by striking ‘‘the Job Training Partnership Act
or’’.
(3) PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996.—
(A) Section 403(c)(2)(K) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1613(c)(2)(K)) is amended by striking ‘‘Job Training Partnership Act or’’.

QUENT

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(B) Section 423(d)(11) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1183a note) is amended by striking ‘‘Job Training Partnership Act or’’.
(4)
IMMIGRATION
AND
NATIONALITY
ACT.—Section
245A(h)(4)(F) of the Immigration and Nationality Act (8 U.S.C.
1255a(h)(4)(F)) is amended by striking ‘‘The Job Training Partnership Act or title’’ and inserting ‘‘Title’’.
(5) REFUGEE EDUCATION ASSISTANCE ACT OF 1980.—Section
402(a)(4) of the Refugee Education Assistance Act of 1980 (8
U.S.C. 1522 note) is amended by striking ‘‘the Comprehensive
Employment and Training Act of 1973’’ and inserting ‘‘the
Job Training Partnership Act or’’.
(6) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1993.—
(A) SECTION 3161.—Section 3161(c)(6) of the National
Defense Authorization Act for Fiscal Year 1993 (42 U.S.C.
7274h(c)(6)) is amended by striking subparagraph (A) and
inserting the following:
‘‘(A) programs carried out by the Secretary of Labor
under title I of the Workforce Investment Act of 1998;’’.
(B) SECTION 4461.—Section 4461(1) of the National
Defense Authorization Act for Fiscal Year 1993 (10 U.S.C.
1143 note) is amended by striking ‘‘The Job Training Partnership Act of title’’ and inserting ‘‘Title’’.
(C) SECTION 4471.—Section 4471 of the National
Defense Authorization Act for Fiscal Year 1993 (10 U.S.C.
2501 note) is amended—
(i) in subsection (c)(2), by striking ‘‘the State dislocated worker unit or office referred to in section
311(b)(2) of the Job Training Partnership Act, or’’;
(ii) in subsection (d), in the first sentence, by striking ‘‘for training, adjustment assistance, and employment services under section 325 or 325A of the Job
Training Partnership Act or’’; and
(iii) in subsection (e), by striking ‘‘for training,
adjustment assistance, and employment services under
section 325 or 325A of the Job Training Partnership
Act or’’.
(D) SECTION 4492.—Section 4492(b) of the National
Defense Authorization Act for Fiscal Year 1993 (10 U.S.C.
1143 note) is amended by striking ‘‘the Job Training Partnership Act or’’.
(7) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1994.—Section 1333(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2701 note) is amended
by striking ‘‘Private industry councils as described in section
102 of the Job Training Partnership Act or local’’ and inserting
‘‘local’’.
(8) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1998.—Section 2824(c)(5) of the National Defense Authorization
Act for Fiscal Year 1998 (10 U.S.C. 2687 note) is amended
by striking ‘‘Job Training Partnership Act or’’.
(9) SMALL BUSINESS ACT.—The fourth sentence of section
7(j)(13)(E) of the Small Business Act (15 U.S.C. 636(j)(13)(E))
is amended by striking ‘‘the Job Training Partnership Act or’’.

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(10) FULL EMPLOYMENT AND BALANCED GROWTH ACT OF
1978.—Section 206 of the Full Employment and Balanced
Growth Act of 1978 (15 U.S.C. 3116) is amended—
(A) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘CETA’’ and inserting ‘‘the Job Training
Partnership Act and’’; and
(B) in subsection (c)(1), by striking ‘‘activities carried
out under the Job Training Partnership Act or’’.
(11) TRADE ACT OF 1974.—
(A) SECTION 236.—Section 236(a)(5)(B) of the Trade
Act of 1974 (19 U.S.C. 2296(a)(5)(B)) is amended by striking
‘‘section 303 of the Job Training Partnership Act or’’.
(B) SECTION 239.—Section 239(e) of the Trade Act of
1974 (19 U.S.C. 2311(e)) is amended by striking ‘‘title III
of the Job Training Partnership Act or’’.
(12) HIGHER EDUCATION ACT OF 1965.—
(A) SECTION 418A.—Subsections (b)(1)(B)(ii) and
(c)(1)(A) of section 418A of the Higher Education Act of
1965 (20 U.S.C. 1070d–2) are amended by striking ‘‘section
402 of the Job Training Partnership Act or’’.
(B) SECTION 480.—Section 480(b)(14) of the Higher
Education Act of 1965 (20 U.S.C. 1087vv(b)(14)) is amended
by striking ‘‘Job Training Partnership Act noneducational
benefits or’’.
(13) ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965.—
(A) SECTION 1205.—Section 1205(8)(B) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6365(8)(B)) is amended by striking ‘‘the Job Training
Partnership Act and’’.
(B) SECTION 1414.—Section 1414(c)(8) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6434(c)(8)) is amended by striking ‘‘the Job Training
Partnership Act or’’.
(C) SECTION 1423.—Section 1423(9) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6453(9))
is amended by striking ‘‘the Job Training Partnership Act
or’’.
(D) SECTION 1425.—Section 1425(9) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6455(9))
is amended by striking ‘‘the Job Training Partnership Act
or’’.
(14) DISTRICT OF COLUMBIA SCHOOL REFORM ACT OF 1995.—
Section 2604(c)(2)(B)(ii) of the District of Columbia School
Reform Act of 1995 (Public Law 104–134; 110 Stat. 1321–
145) is amended by striking ‘‘Job Training Partnership Act
or’’.
(15) EMERGENCY JOBS AND UNEMPLOYMENT ASSISTANCE ACT
OF 1974.—
(A) SECTION 204.—Section 204(b) of the Emergency
Jobs and Unemployment Assistance Act of 1974 (26 U.S.C.
3304 note) is amended by striking ‘‘service delivery area
established’’ and all that follows through ‘‘this section) or
a’’.
(B) SECTION 223.—Section 223 of the Emergency Jobs
and Unemployment Assistance Act of 1974 (26 U.S.C. 3304
note) is amended—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–432

(i) in paragraph (3), by striking ‘‘the Job Training
Partnership Act or’’; and
(ii) in paragraph (4), by striking ‘‘the Job Training
Partnership Act or’’.
(16) VETERANS’ BENEFITS AND PROGRAMS IMPROVEMENT ACT
OF 1988.—Section 402 of the Veterans’ Benefits and Programs
Improvement Act of 1988 (29 U.S.C. 1721 note) is amended—
(A) in subsection (a), by striking ‘‘title III of the Job
Training Partnership Act or’’; and
(B) in subsection (d)—
(i) in paragraph (1)(A), by striking ‘‘part C of title
IV of the Job Training Partnership Act or’’; and
(ii) in paragraph (2), by striking ‘‘title III of the
Job Training Partnership Act or’’.
(17) VETERANS’ JOB TRAINING ACT.—
(A) SECTION 13.—Section 13(b) of the Veterans’ Job
Training Act (29 U.S.C. 1721 note) is amended by striking
‘‘the Job Training Partnership Act or’’.
(B) SECTION 14.—Section 14(b)(3)(B)(i)(II) of the Veterans’ Job Training Act (29 U.S.C. 1721 note) is amended
by striking ‘‘part C of title IV the Job Training Partnership
Act or’’.
(C) SECTION 15.—Section 15(c)(2) of the Veterans’ Job
Training Act (29 U.S.C. 1721 note) is amended—
(i) in the second sentence, by striking ‘‘part C
of title IV of the Job Training Partnership Act or’’;
and
(ii) in the third sentence, by striking ‘‘title III
of the Job Training Partnership Act or’’.
(18) WORKER ADJUSTMENT AND RETRAINING NOTIFICATION
ACT.—Section 3(a)(2) of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2102(a)(2)) is amended by striking
‘‘the State dislocated worker unit or office (referred to in section
311(b)(2) of the Job Training and Partnership Act), or’’.
(19) TITLE 31, UNITED STATES CODE.—Section 6703(a) of
title 31, United States Code, is amended by striking paragraph
(4) and inserting the following:
‘‘(4) Programs under title I of the Workforce Investment
Act of 1998.’’.
(20) VETERANS’ REHABILITATION AND EDUCATION AMENDMENTS OF 1980.—Section 512 of the Veterans’ Rehabilitation
and Education Amendments of 1980 (38 U.S.C. 4101 note)
is amended by striking ‘‘the Job Training Partnership Act or’’.
(21) TITLE 38, UNITED STATES CODE.—
(A) SECTION 4102A.—Section 4102A(d) of title 38,
United States Code, is amended by striking ‘‘the Job Training Partnership Act and’’.
(B) SECTION 4103A.—Section 4103A(c)(4) of title 38,
United States Code, is amended by striking ‘‘part C of
title IV of the Job Training Partnership Act and’’.
(C) SECTION 4213.—Section 4213 of title 38, United
States Code, is amended by striking ‘‘the Job Training
Partnership Act or’’.
(22) SOCIAL SECURITY ACT.—Section 403(a)(5) of Social
Security Act (42 U.S.C. 603(a)(5)) is amended—

112 STAT. 2681–433

PUBLIC LAW 105–277—OCT. 21, 1998

(A) in subparagraph (A)(vii)(I), by striking ‘‘described
in section 103(c) of the Job Training Partnership Act or’’;
and
(B) in subparagraph (D)—
(i) in clause (ii), by striking ‘‘the Job Training
Partnership Act or’’; and
(ii) in clause (iii), by striking ‘‘shall mean a local
area as defined in section 101 of the Workforce Investment Act of 1998, as appropriate’’.
(23) UNITED STATES HOUSING ACT.—Section 23 of the United
States Housing Act of 1937 (42 U.S.C. 1437u) is amended—
(A) in subsection (b)(2)(A), by striking ‘‘the Job Training Partnership Act or’’;
(B) in the first sentence of subsection (f)(2), by striking
‘‘the Job Training Partnership Act or’’; and
(C) in subsection (g)—
(i) in paragraph (2), by striking ‘‘the Job Training
Partnership Act or’’; and
(ii) in paragraph (3)(H), by striking ‘‘the Job Training Partnership Act or’’.
(24) HOUSING ACT OF 1949.—Section 504(c)(3) of the Housing Act of 1949 (42 U.S.C. 1474(c)(3)) is amended by striking
‘‘the Job Training Partnership Act or’’.
(25) OLDER AMERICANS ACT OF 1965.—
(A) SECTION 203.—Section 203 of the Older Americans
Act of 1965 (42 U.S.C. 3013) is amended—
(i) in subsection (a)(2), by striking ‘‘the Job Training Partnership Act and’’; and
(ii) in subsection (b), by striking paragraph (1)
and inserting the following:
‘‘(1) title I of the Workforce Investment Act of 1998,’’.
(B) SECTION 502.—Section 502 of the Older Americans
Act of 1965 (42 U.S.C. 3056) is amended—
(i) in subsection (b)(1)(N)(i), by striking ‘‘the Job
Training Partnership Act and’’; and
(ii) in subsection (e)(2)(C), by striking ‘‘the Job
Training Partnership Act and’’.
(C) SECTION 503.—Section 503(b)(1) of the Older
Americans Act of 1965 (42 U.S.C. 3056a(b)(1)) is amended—
(i) in the first sentence, by striking ‘‘the Job Training Partnership Act and’’; and
(ii) in the first sentence, by striking ‘‘the Job Training Partnership Act or’’.
(D) SECTION 510.—Section 510 of the Older Americans
Act of 1965 (42 U.S.C. 3056h) is amended by striking
the matter following the section heading and inserting
the following:
‘‘In the case of projects under this title carried out jointly
with programs carried out under subtitle B of title I of the Workforce
Investment Act of 1998, eligible individuals shall be deemed to
satisfy the requirements of section 134 of such Act.’’.
(26) OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF
1968.—Section 1801(b)(3) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)(3)) is amended
by striking ‘‘part B of title IV of the Job Training Partnership
Act or’’.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–434

(27) ENVIRONMENTAL PROGRAMS ASSISTANCE ACT OF 1984.—
The second sentence of section 2(a) of the Environmental Programs Assistance Act of 1984 (42 U.S.C. 4368a(a)) is amended
by striking ‘‘title IV of the Job Training Partnership Act or’’.
(28) DOMESTIC VOLUNTEER SERVICE ACT OF 1973.—
(A) SECTION 103.—The second sentence of section
103(d) of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 4953(d)) is amended to read as follows: ‘‘private
industry council established under the Job Training Partnership Act or’’.
(B) SECTION 109.—Subsections (c)(2) and (d)(2) of section 109 of the Domestic Volunteer Service Act of 1973
(42 U.S.C. 4959) is amended by striking ‘‘administrative
entities designated to administer job training plans under
the Job Training Partnership Act and’’.
(29) ENERGY CONSERVATION AND PRODUCTION ACT.—Section
414(b)(3) of the Energy Conservation and Production Act (42
U.S.C. 6864(b)(3)) is amended by striking ‘‘the Job Training
Partnership Act or’’.
(30) NATIONAL ENERGY CONSERVATION POLICY ACT.—Section
233 of the National Energy Conservation Policy Act (42 U.S.C.
6873) is amended, in the matter preceding paragraph (1), by
striking ‘‘the Job Training Partnership Act or’’.
(31) COMMUNITY ECONOMIC DEVELOPMENT ACT OF 1981.—
Section 617(a)(3) of the Community Economic Development Act
of 1981 (42 U.S.C. 9806(a)(3)) is amended by striking ‘‘the
Job Training Partnership Act or’’.
(32) STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT.—
Section 103(b)(2) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11302(b)(2)) is amended by striking ‘‘the
Job Training Partnership Act or’’.
(33) NATIONAL AND COMMUNITY SERVICE ACT OF 1990.—
(A) SECTION 198C.—Section 198C(e)(1)(B) of the
National and Community Service Act of 1990 (42 U.S.C.
12653c(e)(1)(C)) is amended by striking clause (iii) and
inserting the following:
‘‘(iii) an individual described in section 144 of the
Workforce Investment Act of 1998.’’.
(B) SECTION 199L.—Section 199L(a) of the National
and Community Service Act of 1990 (42 U.S.C. 12655m(a))
is amended by striking ‘‘the Job Training Partnership Act
and’’.
(34) CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING
ACT.—Subparagraphs (H) and (M) of subsection (c)(2), and subsection (d)(7), of section 454 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12899c) are amended by
striking ‘‘the Job Training Partnership Act and’’.
(35) VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT
OF 1994.—Section 31113(a)(4)(C) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13823(a)(4)(C))
is amended by striking ‘‘the Job Training Partnership Act or’’.
(g) EFFECTIVE DATES.—
(1) IMMEDIATELY EFFECTIVE AMENDMENTS.—The amendments made by subsections (a) through (d) shall take effect
on the date of the enactment of this Act.
(2) SUBSEQUENTLY EFFECTIVE AMENDMENTS.—

5 USC 3502 note.

112 STAT. 2681–435

PUBLIC LAW 105–277—OCT. 21, 1998

(A) STEWART B. MCKINNEY HOMELESS ASSISTANCE
amendments made by subsection (e) shall take
effect on July 1, 1999.
(B) JOB TRAINING PARTNERSHIP ACT.—The amendments
made by subsection (f) shall take effect on July 1, 2000.
(h) REFERENCES.—
(1) IN GENERAL.—Section 190 of the Workforce Investment
Act of 1998 is amended to read as follows:
ACT.—The

29 USC 2940.

‘‘SEC. 190. REFERENCES.

‘‘(a) REFERENCES TO COMPREHENSIVE EMPLOYMENT AND TRAINACT.—Except as otherwise specified, a reference in a Federal
law (other than a reference in a provision amended by the Reading
Excellence Act) to a provision of the Comprehensive Employment
and Training Act—
‘‘(1) effective on the date of enactment of this Act, shall
be deemed to refer to the corresponding provision of the Job
Training Partnership Act or of the Workforce Investment Act
of 1998; and
‘‘(2) effective on July 1, 2000, shall be deemed to refer
to the corresponding provision of the Workforce Investment
Act of 1998.
‘‘(b) REFERENCES TO JOB TRAINING PARTNERSHIP ACT.—Except
as otherwise specified, a reference in a Federal law (other than
a reference in this Act or a reference in a provision amended
by the Reading Excellence Act) to a provision of the Job Training
Partnership Act—
‘‘(1) effective on the date of enactment of this Act, shall
be deemed to refer to that provision or the corresponding provision of the Workforce Investment Act of 1998; and
‘‘(2) effective on July 1, 2000, shall be deemed to refer
to the corresponding provision of the Workforce Investment
Act of 1998.’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect as if included in the Workforce Investment
Act of 1998.
(3) CONFORMING AMENDMENT.—Section 199A of such Act
is amended by striking subsection (c)
ING

29 USC 2940
note.

29 USC 2940
note.

‘‘SUBTITLE VIII—AMENDMENT TO
WORKFORCE INVESTMENT ACT OF 1998’’.
Section 173 of the Workforce Investment Act of 1998 (29 U.S.C.
2918) is amended by adding at the end the following new subsection:
‘‘(e) ADDITIONAL ASSISTANCE.—
‘‘(1) IN GENERAL.—From the amount appropriated and
made available to carry out this section for any program year,
the Secretary shall use not more than $15,000,000 to make
grants to not more than 8 States to provide employment and
training activities under section 134, in accordance with subtitle
B.
‘‘(2) ELIGIBLE STATES.—The Secretary shall make a grant
under paragraph (1) to a State for a program year if—
‘‘(A)(i) the amount of the allotment that would be made
to the State for the program year under the formula specified in section 202(a) of the Job Training Partnership Act,
as in effect on July 1, 1998; is greater than

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–436

‘‘(ii) the amount of the allotment that would be made
to the State for the program year under the formula specified in section 132(b)(1)(B); and
‘‘(B) the State is 1 of the 8 States with the greatest
quotient obtained by dividing—
‘‘(i) the amount described in subparagraph (A)(i);
by
‘‘(ii) the amount described in subparagraph (A)(ii).
‘‘(3) AMOUNT OF GRANTS.—Subject to paragraph (1), the
amount of the grant made under paragraph (1) to a State
for a program year shall be based on the difference between—
‘‘(A) the amount of the allotment that would be made
to the State for the program year under the formula specified in section 202(a) of the Job Training Partnership Act,
as in effect on July 1, 1998; and
‘‘(B) the amount of the allotment that would be made
to the State for the program year under the formula specified in section 132(b)(1)(B).
‘‘(4) ALLOCATION OF FUNDS.—A State that receives a grant
under paragraph (1) for a program year—
‘‘(A) shall allocate funds made available through the
grant on the basis of the formula used by the State to
allocate funds within the State for that program year
under—
‘‘(i) paragraph (2)(A) or (3) of section 133(b); or
‘‘(ii) paragraph (2)(B) of section 133(b); and
‘‘(B) shall use the funds in the same manner as the
State uses other funds allocated under the appropriate
paragraph of section 133(b).’’.

TITLE IX—WOMEN’S HEALTH AND
CANCER RIGHTS
SEC. 901. SHORT TITLE.

Women’s Health
and Cancer
Rights Act of
1998.
42 USC 201 note.

This title may be cited as the ‘‘Women’s Health and Cancer
Rights Act of 1998’’.
SEC. 902. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME
SECURITY ACT OF 1974.

(a) IN GENERAL.—Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end the following
new section:
‘‘SEC. 713. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY
FOLLOWING MASTECTOMIES.

‘‘(a) IN GENERAL.—A group health plan, and a health insurance
issuer providing health insurance coverage in connection with a
group health plan, that provides medical and surgical benefits with
respect to a mastectomy shall provide, in a case of a participant
or beneficiary who is receiving benefits in connection with a mastectomy and who elects breast reconstruction in connection with such
mastectomy, coverage for—
‘‘(1) all stages of reconstruction of the breast on which
the mastectomy has been performed;

29 USC 1185b.

112 STAT. 2681–437

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(2) surgery and reconstruction of the other breast to
produce a symmetrical appearance; and
‘‘(3) prostheses and physical complications of mastectomy,
including lymphedemas;
in a manner determined in consultation with the attending physician and the patient. Such coverage may be subject to annual
deductibles and coinsurance provisions as may be deemed appropriate and as are consistent with those established for other benefits
under the plan or coverage. Written notice of the availability of
such coverage shall be delivered to the participant upon enrollment
and annually thereafter.
‘‘(b) NOTICE.—A group health plan, and a health insurance
issuer providing health insurance coverage in connection with a
group health plan shall provide notice to each participant and
beneficiary under such plan regarding the coverage required by
this section in accordance with regulations promulgated by the
Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted—
‘‘(1) in the next mailing made by the plan or issuer to
the participant or beneficiary;
‘‘(2) as part of any yearly informational packet sent to
the participant or beneficiary; or
‘‘(3) not later than January 1, 1999;
whichever is earlier.
‘‘(c) PROHIBITIONS.—A group health plan, and a health insurance issuer offering group health insurance coverage in connection
with a group health plan, may not—
‘‘(1) deny to a patient eligibility, or continued eligibility,
to enroll or to renew coverage under the terms of the plan,
solely for the purpose of avoiding the requirements of this
section; and
‘‘(2) penalize or otherwise reduce or limit the reimbursement of an attending provider, or provide incentives (monetary
or otherwise) to an attending provider, to induce such provider
to provide care to an individual participant or beneficiary in
a manner inconsistent with this section.
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating
the level and type of reimbursement with a provider for care provided in accordance with this section.
‘‘(e) PREEMPTION, RELATION TO STATE LAWS.—
‘‘(1) IN GENERAL.—Nothing in this section shall be construed to preempt any State law in effect on the date of enactment of this section with respect to health insurance coverage
that requires coverage of at least the coverage of reconstructive
breast surgery otherwise required under this section.
‘‘(2) ERISA.—Nothing in this section shall be construed
to affect or modify the provisions of section 514 with respect
to group health plans.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 note) is amended by inserting after the item relating
to section 712 the following new item:
‘‘Sec. 713. Required coverage reconstructive surgery following mastectomies.’’.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–438

(c) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by this section
shall apply with respect to plan years beginning on or after
the date of enactment of this Act.
(2) SPECIAL RULE FOR COLLECTIVE BARGAINING AGREEMENTS.—In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between
employee representatives and 1 or more employers, any plan
amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to
conform to any requirement added by this section shall not
be treated as a termination of such collective bargaining agreement.

29 USC 1185b
note.

SEC. 903. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

(a) GROUP MARKET.—Subpart 2 of part A of title XXVII of
the Public Health Service Act (42 U.S.C. 300gg–4 et seq.) is amended by adding at the end the following new section:
‘‘SEC. 2706. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY
FOLLOWING MASTECTOMIES.

42 USC 300gg–6.

‘‘The provisions of section 713 of the Employee Retirement
Income Security Act of 1974 shall apply to group health plans,
and health insurance issuers providing health insurance coverage
in connection with group health plans, as if included in this subpart.’’.
(b) INDIVIDUAL MARKET.—Subpart 3 of part B of title XXVII
of the Public Health Service Act (42 U.S.C. 300gg–51 et seq.)
is amended by adding at the end the following new section:
‘‘SEC. 2752. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY
FOLLOWING MASTECTOMIES.

‘‘The provisions of section 2706 shall apply to health insurance
coverage offered by a health insurance issuer in the individual
market in the same manner as they apply to health insurance
coverage offered by a health insurance issuer in connection with
a group health plan in the small or large group market.’’.
(c) EFFECTIVE DATES.—
(1) GROUP PLANS.—
(A) IN GENERAL.—The amendment made by subsection
(a) shall apply to group health plans for plan years beginning on or after the date of enactment of this Act.
(B) SPECIAL RULE FOR COLLECTIVE BARGAINING AGREEMENTS.—In the case of a group health plan maintained
pursuant to 1 or more collective bargaining agreements
between employee representatives and 1 or more employers, any plan amendment made pursuant to a collective
bargaining agreement relating to the plan which amends
the plan solely to conform to any requirement added by
the amendment made by subsection (a) shall not be treated
as a termination of such collective bargaining agreement.
(2) INDIVIDUAL PLANS.—The amendment made by subsection (b) shall apply with respect to health insurance coverage
offered, sold, issued, renewed, in effect, or operated in the
individual market on or after the date of enactment of this
Act.

42 USC 300gg–
52.

42 USC 300gg–6
note.

42 USC 300gg–
52 note.

112 STAT. 2681–439

PUBLIC LAW 105–277—OCT. 21, 1998

This Act may be cited as the ‘‘Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations Act, 1999’’.
(g) For programs, projects or activities in the Department of
Transportation 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:
Department of
Transportation
and Related
Agencies
Appropriations
Act, 1999.

AN ACT Making appropriations for the Department of Transportation and related
agencies for the fiscal year ending September 30, 1999, and for other purposes

TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
IMMEDIATE OFFICE

OF THE

SECRETARY

For necessary expenses of the Immediate Office of the Secretary, $1,624,000.
IMMEDIATE OFFICE

OF THE

DEPUTY SECRETARY

For necessary expenses of the Immediate Office of the Deputy
Secretary, $585,000.
OFFICE

OF THE

GENERAL COUNSEL

For necessary expenses of the Office of the General Counsel,
$8,750,000.
OFFICE

OF THE

ASSISTANT SECRETARY

FOR

POLICY

For necessary expenses of the Office of the Assistant Secretary
for Policy, $2,808,000.
OFFICE

OF THE

ASSISTANT SECRETARY FOR AVIATION
INTERNATIONAL AFFAIRS

AND

For necessary expenses of the Office of the Assistant Secretary
for Aviation and International Affairs, $7,650,300: Provided, That
notwithstanding any other provision of law, there may be credited
to this appropriation up to $1,000,000 in funds received in user
fees.
OFFICE

OF THE

ASSISTANT SECRETARY

FOR

BUDGET

AND

PROGRAMS

For necessary expenses of the Office of the Assistant Secretary
for Budget and Programs, $6,349,000, including not to exceed
$40,000 for allocation within the Department for official reception
and representation expenses as the Secretary may determine.
OFFICE

OF THE

ASSISTANT SECRETARY

FOR

GOVERNMENTAL AFFAIRS

For necessary expenses of the Office of the Assistant Secretary
for Governmental Affairs, $1,940,600.

PUBLIC LAW 105–277—OCT. 21, 1998
OFFICE

OF THE

ASSISTANT SECRETARY

FOR

112 STAT. 2681–440

ADMINISTRATION

For necessary expenses of the Office of the Assistant Secretary
for Administration, $19,721,600.
OFFICE

OF

PUBLIC AFFAIRS

For necessary expenses of the Office of Public Affairs,
$1,565,500.
EXECUTIVE SECRETARIAT
For necessary
$1,046,900.

expenses

BOARD

OF

of

the

Executive

Secretariat,

CONTRACT APPEALS

For necessary expenses of the Board of Contract Appeals,
$561,100.
OFFICE

OF

SMALL

AND

DISADVANTAGED BUSINESS UTILIZATION

For necessary expenses of the Office of Small and Disadvantaged Business Utilization, $1,020,400.
OFFICE

OF INTELLIGENCE AND

SECURITY

For necessary expenses of the Office of Intelligence and Security, $1,036,100.
OFFICE

OF THE

CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information
Officer, $4,874,600.
OFFICE

OF INTERMODALISM

For necessary expenses of the Office of Intermodalism,
$956,900.
OFFICE

OF

CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, $6,966,000.
TRANSPORTATION PLANNING, RESEARCH,

AND

DEVELOPMENT

For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $9,000,000.
TRANSPORTATION ADMINISTRATIVE SERVICE CENTER
Necessary expenses for operating costs and capital outlays of
the Transportation Administrative Service Center, not to exceed
$124,124,000, shall be paid from appropriations made available
to the Department of Transportation: Provided, That the preceding
limitation shall not apply to activities associated with departmental
Year 2000 conversion activities: Provided further, That such services
shall be provided on a competitive basis to entities within the
Department of Transportation: Provided further, That the above

112 STAT. 2681–441

PUBLIC LAW 105–277—OCT. 21, 1998

limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to
an agency of the Department shall be transferred to the Transportation Administrative Service Center without the approval of the
agency modal administrator: Provided further, That no assessments
may be levied against any program, budget activity, subactivity
or project funded by this Act unless notice of such assessments
and the basis therefor are presented to the House and Senate
Committees on Appropriations and are approved by such Committees.
MINORITY BUSINESS RESOURCE CENTER
For the cost of direct loans, $1,500,000, as authorized by 49
U.S.C. 332: 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 not to exceed $13,775,000. In addition, for administrative expenses to carry out the direct loan program, $400,000.
MINORITY BUSINESS OUTREACH
For necessary expenses of Minority Business Resource Center
outreach activities, $2,900,000, of which $2,635,000 shall remain
available until September 30, 2000: Provided, That notwithstanding
49 U.S.C. 332, these funds may be used for business opportunities
related to any mode of transportation.
COAST GUARD
OPERATING EXPENSES
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for the operation and maintenance of
the Coast Guard, not otherwise provided for; purchase of not to
exceed five passenger motor vehicles for replacement only; payments
pursuant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and section 229(b) of the Social Security Act
(42 U.S.C. 429(b)); and recreation and welfare; $2,700,000,000, of
which $300,000,000 shall be available for defense-related activities;
and of which $25,000,000 shall be derived from the Oil Spill Liability Trust Fund: Provided, That none of the funds appropriated
in this or any other Act shall be available for pay or administrative
expenses in connection with shipping commissioners in the United
States: Provided further, That none of the funds provided in this
Act shall be available for expenses incurred for yacht documentation
under 46 U.S.C. 12109, except to the extent fees are collected
from yacht owners and credited to this appropriation: Provided
further, That the Commandant shall reduce both military and
civilian employment levels for the purpose of complying with Executive Order No. 12839: Provided further, That up to $615,000 in
user fees collected pursuant to section 1111 of Public Law 104–
324 shall be credited to this appropriation as offsetting collections
in fiscal year 1999: Provided further, That the Secretary may transfer funds to this account, from Federal Aviation Administration
‘‘Operations’’, not to exceed $71,705,000 in total for the fiscal year,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–442

fifteen days after written notification to the House and Senate
Committees on Appropriations, solely for the purpose of providing
additional funds for drug interdiction activities: Provided further,
That none of the funds in this Act shall be available for the
Coast Guard to plan, finalize, or implement any regulation that
would promulgate new maritime user fees not specifically authorized by law after the date of enactment of this Act.
ACQUISITION, CONSTRUCTION,

AND IMPROVEMENTS

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels,
and aircraft, including equipment related thereto, $395,465,000,
of which $20,000,000 shall be derived from the Oil Spill Liability
Trust Fund; of which $219,923,000 shall be available to acquire,
repair, renovate or improve vessels, small boats and related equipment, to remain available until September 30, 2003; $35,700,000
shall be available to acquire new aircraft and increase aviation
capability, to remain available until September 30, 2001;
$36,569,000 shall be available for other equipment, to remain available until September 30, 2001; $54,823,000 shall be available for
shore facilities and aids to navigation facilities, to remain available
until September 30, 2001; and $48,450,000 shall be available for
personnel compensation and benefits and related costs, to remain
available until September 30, 2000: Provided, That funds received
from the sale of HU–25 aircraft shall be credited to this appropriation for the purpose of acquiring new aircraft and increasing aviation capacity: Provided further, That the Commandant may dispose
of surplus real property by sale or lease and the proceeds shall
be credited to this appropriation, of which not more than $1,000,000
shall be credited as offsetting collections to this account, to be
available for the purposes of this account: Provided further, That
the amount herein appropriated from the General Fund shall be
reduced by such amount: Provided further, That any proceeds from
the sale or lease of Coast Guard surplus real property in excess
of $1,000,000 shall be retained and remain available until expended,
but shall not be available for obligation until October 1, 1999:
Provided further, That the Secretary, with funds made available
under this heading, acting through the Commandant, may enter
into a long-term Use Agreement with the City of Homer for dedicated pier space on the Homer dock necessary to support Coast
Guard vessels when such vessels call on Homer, Alaska.
ENVIRONMENTAL COMPLIANCE

AND

RESTORATION

For necessary expenses to carry out the Coast Guard’s environmental compliance and restoration functions under chapter 19 of
title 14, United States Code, $21,000,000, to remain available until
expended.
ALTERATION

OF

BRIDGES

For necessary expenses for alteration or removal of obstructive
bridges, $14,000,000, to remain available until expended.

112 STAT. 2681–443

PUBLIC LAW 105–277—OCT. 21, 1998
RETIRED PAY

For retired pay, including the payment of obligations therefor
otherwise chargeable to lapsed appropriations for this purpose,
and payments under the Retired Serviceman’s Family Protection
and Survivor Benefits Plans, and for payments for medical care
of retired personnel and their dependents under the Dependents
Medical Care Act (10 U.S.C. ch. 55), $684,000,000.
RESERVE TRAINING
(INCLUDING TRANSFER OF FUNDS)

For all necessary expenses of the Coast Guard Reserve, as
authorized by law; maintenance and operation of facilities; and
supplies, equipment, and services; $69,000,000: Provided, That no
more than $20,000,000 of funds made available under this heading
may be transferred to Coast Guard ‘‘Operating expenses’’ or otherwise made available to reimburse the Coast Guard for financial
support of the Coast Guard Reserve: Provided further, That none
of the funds in this Act may be used by the Coast Guard to
assess direct charges on the Coast Guard Reserves for items or
activities which were not so charged during fiscal year 1997.
RESEARCH, DEVELOPMENT, TEST,

AND

EVALUATION

For necessary expenses, not otherwise provided for, for applied
scientific research, development, test, and evaluation; maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law, $12,000,000, to remain available until expended,
of which $3,500,000 shall be derived from the Oil Spill Liability
Trust Fund: Provided, That there may be credited to and used
for the purposes of this appropriation funds received from State
and local governments, other public authorities, private sources,
and foreign countries, for expenses incurred for research, development, testing, and evaluation.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
Notwithstanding any other provision of law, for necessary
expenses of the Federal Aviation Administration, not otherwise
provided for, including operations and research activities related
to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, and carrying out the provisions of subchapter I of chapter
471 of title 49, United States Code, or other provisions of law
authorizing the obligation of funds for similar programs of airport
and airway development or improvement, lease or purchase of passenger motor vehicles for replacement only, in addition to amounts
made available by Public Law 104–264, $5,562,558,000 of which
$4,112,174,000 shall be derived from the Airport and Airway Trust
Fund: Provided, That none of the funds in this Act shall be available
for the Federal Aviation Administration to plan, finalize, or implement any regulation that would promulgate new aviation user

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–444

fees not specifically authorized by law after the date of enactment
of this Act: Provided further, That there may be credited to this
appropriation funds received from States, counties, municipalities,
foreign authorities, other public authorities, and private sources,
for expenses incurred in the provision of agency services, including
receipts for the maintenance and operation of air navigation facilities, and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests
related thereto, or for processing major repair or alteration forms:
Provided further, That of the funds appropriated under this heading,
$6,000,000 shall be for the contract tower cost-sharing program:
Provided further, That funds may be used to enter into a grant
agreement with a nonprofit standard-setting organization to assist
in the development of aviation safety standards: Provided further,
That none of the funds in this Act shall be available for new
applicants for the second career training program: Provided further,
That none of the funds in this Act shall be available for paying
premium pay under 5 U.S.C. 5546(a) to any Federal Aviation Administration employee unless such employee actually performed
work during the time corresponding to such premium pay: Provided
further, That none of the funds in this Act may be obligated or
expended to operate a manned auxiliary flight service station in
the contiguous United States: Provided further, That no more than
$28,600,000 of funds appropriated to the Federal Aviation Administration in this Act may be used for activities conducted by, or
coordinated through, the Transportation Administrative Service
Center (TASC): Provided further, That none of the funds in this
Act may be used for the Federal Aviation Administration to enter
into a multiyear lease greater than five years in length or greater
than $100,000,000 in value unless such lease is specifically authorized by the Congress and appropriations have been provided to
fully cover the Federal Government’s contingent liabilities: Provided
further, That none of the funds in this Act may be used for the
Federal Aviation Administration (FAA) to sign a lease for satellite
services related to the global positioning system (GPS) wide area
augmentation system until the administrator of the FAA certifies
in writing to the House and Senate Committees on Appropriations
that FAA has conducted a lease versus buy analysis which indicates
that such lease will result in the lowest overall cost to the agency.
FACILITIES

AND

EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

Notwithstanding any other provision of law, for necessary
expenses, not otherwise provided for, for acquisition, establishment,
and improvement by contract or purchase, and hire of air navigation
and experimental facilities and equipment as authorized under
part A of subtitle VII of title 49, United States Code, including
initial acquisition of necessary sites by lease or grant; engineering
and service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; and construction
and furnishing of quarters and related accommodations for officers
and employees of the Federal Aviation Administration stationed
at remote localities where such accommodations are not available;
and the purchase, lease, or transfer of aircraft from funds available
under this head; to be derived from the Airport and Airway Trust
Fund, $1,900,000,000, of which $1,652,000,000 shall remain

112 STAT. 2681–445

PUBLIC LAW 105–277—OCT. 21, 1998

available until September 30, 2001, and of which $248,000,000
shall remain available until September 30, 1999: Provided, That
there may be credited to this appropriation funds received from
States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: Provided further, That none
of the funds in this Act or any other Act making appropriations
for fiscal year 1999 may be obligated for bulk explosive detection
systems until 30 days after the FAA Administrator certifies to
the House and Senate Committees on Appropriations, in writing,
that the major air carriers responsible for providing aircraft security
at Category X airports have agreed to: (1) begin assuming the
operation and maintenance costs of such machines beginning in
fiscal year 1999; and (2) substantially increase the usage of such
machines above the level experienced as of April 1, 1998: Provided
further, That none of the funds provided under this heading for
‘‘Next Generation Navigation Systems’’ may be obligated or
expended for activities related to phase two or phase three of
the wide area augmentation system.
RESEARCH, ENGINEERING,

AND

DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

Notwithstanding any other provision of law, for necessary
expenses, not otherwise provided for, for research, engineering,
and development, as authorized under part A of subtitle VII of
title 49, United States Code, including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$150,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2001: Provided,
That there may be credited to this appropriation funds received
from States, counties, municipalities, other public authorities, and
private sources, for expenses incurred for research, engineering,
and development.
GRANTS-IN-AID

FOR

AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)
(AIRPORT AND AIRWAY TRUST FUND)

Notwithstanding any other provision of law, for liquidation
of obligations incurred for grants-in-aid for airport planning and
development, and for noise compatibility planning and programs
as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other
law authorizing such obligations, $1,600,000,000, to be derived from
the Airport and Airway Trust Fund and to remain available until
expended: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the obligations
for which are in excess of $1,950,000,000 in fiscal year 1999 for
grants-in-aid for airport planning and development, and noise
compatibility planning and programs, notwithstanding section
47117(h) of title 49, United States Code: Provided further, That
no more than $975,000,000 of funds limited under this heading
may be obligated prior to the enactment of a bill extending contract

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–446

authorization for the Grants-in-Aid for Airports program to the
third and fourth quarters of fiscal year 1999.
AVIATION INSURANCE REVOLVING FUND
The Secretary of Transportation is hereby authorized to make
such expenditures and investments, within the limits of funds available pursuant to 49 U.S.C. 44307, and in accordance with section
104 of the Government Corporation Control Act, as amended (31
U.S.C. 9104), as may be necessary in carrying out the program
for aviation insurance activities under chapter 443 of title 49,
United States Code.
AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM
None of the funds in this Act shall be available for activities
under this heading during fiscal year 1999.

49 USC 40113
note.

FEDERAL HIGHWAY ADMINISTRATION
LIMITATION

ON

GENERAL OPERATING EXPENSES

Necessary expenses for administration and operation of the
Federal Highway Administration not to exceed $327,413,000 shall
be paid in accordance with law from appropriations made available
by this Act to the Federal Highway Administration together with
advances and reimbursements received by the Federal Highway
Administration: Provided further, That $53,375,000 shall be available to carry out the functions and operations of the office of
motor carriers.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for which
are in excess of $25,511,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 1999: Provided,
That, notwithstanding any other provision of law, within the
$25,511,000,000 obligation limitation on Federal-aid highways and
highway safety construction programs, not more than $200,000,000
shall be available for the implementation or execution of programs
for Intelligent Transportation Systems (Sections 5204, 5205, 5206,
5207, 5208, and 5209 of Public Law 105–178) for fiscal year 1999;
not more than $178,150,000 shall be available for the implementation or execution of programs for transportation research (Sections
502, 503, 504, 506, 507, and 508 of title 23, United States Code,
as amended; section 5505 of title 49, United States Code, as amended; and section 5112 of Public Law 105–178) for fiscal year 1999;
not more than $38,000,000 shall be available for the implementation
or execution of programs for Ferry Boat and Ferry Terminal Facility
Program (Section 1064 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 129 note; 105 Stat. 2005) as
amended)) for fiscal year 1999; not more than $15,000,000 shall
be available for the implementation or execution of programs for
the Magnetic Levitation Transportation Technology Deployment

23 USC 104 note.

112 STAT. 2681–447

PUBLIC LAW 105–277—OCT. 21, 1998

Program (Section 1218 of Public Law 105–178) for fiscal year 1999,
of which not to exceed $500,000 shall be available to the Federal
Railroad Administration for administrative expenses and technical
assistance in connection with such program; not more than
$31,000,000 shall be available for the implementation or execution
of programs for the Bureau of Transportation Statistics (Section
111 of title 49, United States Code) for fiscal year 1999: Provided
further, That notwithstanding any other provision of law, within
the $25,511,000,000 obligation limitation, $4,000,000 of the amounts
made available as contract authority under section 1221(e) of the
Transportation Equity Act for the 21st Century (Public Law 105–
178) shall be made available to carry out section 5113 of that
Act: Provided further, That within the $200,000,000 obligation
limitation on Intelligent Transportation Systems, not less than the
following sums shall be made available for Intelligent Transportation system projects in the following specified areas:
Amherst, Massachusetts, $1,000,000;
Arlington County, Virginia, $750,000;
Atlanta, Georgia, $2,000,000;
Brandon, Vermont, $375,000;
Buffalo, New York, $500,000;
Centre Valley, Pennsylvania, $500,000;
Cleveland, Ohio, $1,000,000;
Columbus, Ohio, $1,000,000;
Corpus Christi, Texas, $900,000;
Dade County, Florida, $1,000,000;
Del Rio, Texas, $1,000,000;
Delaware River, Pennsylvania, $1,000,000;
Fairfield, California, $1,000,000;
Fitchburg, Massachusetts, $500,000;
Greater metropolitan capital region, DC, $5,000,000;
Hammond, Louisiana, $4,000,000;
Houston, Texas, $2,000,000;
Huntington Beach, California, $1,000,000;
Huntsville, Alabama, $1,000,000;
Inglewood, California, $1,500,000;
Jackson, Mississippi, $1,000,000;
Kansas City, Missouri, $500,000;
Laredo, Texas, $1,000,000;
Middlesboro, Kentucky, $3,000,000;
Mission Viejo, California, $1,000,000;
Mobile, Alabama, $2,500,000;
Monroe County, New York, $400,000;
Montgomery, Alabama, $1,250,000;
Nashville, Tennessee, $500,000;
New Orleans, Louisiana, $1,500,000;
New York City, New York, $2,500,000;
New York/Long Island, New York, $2,300,000;
Oakland County, Michigan, $1,000,000;
Onandaga County, New York, $400,000;
Port Angeles, Washington, $500,000;
Raleigh-Wake County, North Carolina, $2,000,000;
Riverside, California, $1,000,000;
San Francisco, California, $1,500,000;
Scranton, Pennsylvania, $1,000,000;
Silicon Valley, California, $1,500,000;
Spokane, Washington, $450,000;

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–448

Springfield, Virginia, $500,000;
St. Louis, Missouri, $750,000;
State of Alaska, $1,500,000;
State of Idaho, $1,000,000;
State of Maryland, $2,500,000;
State of Minnesota, $7,100,000;
State of Mississippi, $1,000,000;
State of Missouri, $500,000;
State of Montana, $700,000;
State of Nevada, $575,000;
State of New Jersey, $3,000,000;
State of New Mexico, $1,000,000;
State of New York, $2,500,000;
State of North Dakota, $1,450,000;
Commonwealth of Pennsylvania, $14,000,000;
State of Texas, $1,000,000;
State of Utah, $3,600,000;
State of Washington, $2,000,000;
State of Wisconsin, $1,500,000;
Temucula, California, $250,000;
Tucson, Arizona, $1,000,000;
Volusia County, Florida, $1,000,000;
Warren County, Virginia, $250,000;
Wausau-Stevens Point-Wisconsin Rapids, Wisconsin,
$1,000,000;
Westchester and Putnam Counties, New York, $500,000;
and
White Plains, New York, $1,000,000.
FEDERAL-AID HIGHWAYS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for carrying out
the provisions of title 23, U.S.C., that are attributable to Federalaid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise provided, including reimbursement for sums expended pursuant to the provisions
of 23 U.S.C. 308, $24,000,000,000 or so much thereof as may be
available in and derived from the Highway Trust Fund, to remain
available until expended.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 31102, $100,000,000,
to be derived from the Highway Trust Fund and to remain available
until expended: Provided, That none of the funds in this Act shall
be available for the implementation or execution of programs the
obligations for which are in excess of $100,000,000 for ‘‘Motor Carrier Safety Grants’’.

112 STAT. 2681–449

PUBLIC LAW 105–277—OCT. 21, 1998

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OPERATIONS

AND

RESEARCH

(HIGHWAY TRUST FUND)

For expenses necessary to discharge the functions of the Secretary, to be derived from the Highway Trust Fund, $87,400,000
for traffic and highway safety under chapter 301 of title 49, U.S.C.,
and part C of subtitle VI of title 49, U.S.C., of which $58,558,000
shall remain available until September 30, 2001: Provided, That
none of the funds appropriated by this Act may be obligated or
expended to plan, finalize, or implement any rulemaking to add
to section 575.104 of title 49 of the Code of Federal Regulations
any requirement pertaining to a grading standard that is different
from the three grading standards (treadwear, traction, and temperature resistance) already in effect.
OPERATIONS

AND

RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out the provisions of 23 U.S.C.
403, to remain available until expended, $72,000,000, to be derived
from the Highway Trust Fund: Provided, That none of the funds
in this Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year 1999, are
in excess of $72,000,000 for programs authorized under 23 U.S.C.
403.
NATIONAL DRIVER REGISTER
(HIGHWAY TRUST FUND)

For expenses necessary to discharge the functions of the Secretary with respect to the National Driver Register under chapter
303 of title 49, United States Code, $2,000,000 to be derived from
the Highway Trust Fund, and to remain available until expended.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out the provisions of 23 U.S.C.
402, 405, 410, and 411 to remain available until expended,
$200,000,000, to be derived from the Highway Trust Fund: Provided,
That none of the funds in this Act shall be available for the
planning or execution of programs the total obligations for which,
in fiscal year 1999, are in excess of $200,000,000 for programs
authorized under 23 U.S.C. 402, 405, 410, and 411 of which

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–450

$150,000,000 shall be for ‘‘Highway Safety Programs’’ under 23
U.S.C. 402, $10,000,000 shall be for ‘‘Occupant Protection Incentive
Grants’’ under 23 U.S.C. 405, $35,000,000 shall be for ‘‘AlcoholImpaired Driving Countermeasures Grants’’ under 23 U.S.C. 410,
$5,000,000 shall be for the ‘‘State Highway Safety Data Grants’’
under 23 U.S.C. 411: Provided further, That none of these funds
shall be used for construction, rehabilitation, or remodeling costs,
or for office furnishings and fixtures for State, local, or private
buildings or structures: Provided further, That not to exceed
$7,500,000 of the funds made available for section 402, not to
exceed $500,000 of the funds made available for section 405, not
to exceed $1,750,000 of the funds made available for section 410,
and not to exceed $193,000 of the funds made available for section
411 shall be available to NHTSA for administering highway safety
grants under Chapter 4 of title 23, U.S.C.: Provided further, That
not to exceed $500,000 of the funds made available for section
410 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ shall be
available for technical assistance to the States.
FEDERAL RAILROAD ADMINISTRATION
OFFICE

OF THE

ADMINISTRATOR

For necessary expenses of the Federal Railroad Administration,
not otherwise provided for, $21,215,000, of which $1,784,000 shall
remain available until expended: Provided, That, as part of the
Washington Union Station transaction in which the Secretary
assumed the first deed of trust on the property and, where the
Union Station Redevelopment Corporation or any successor is obligated to make payments on such deed of trust on the Secretary’s
behalf, including payments on and after September 30, 1988, the
Secretary is authorized to receive such payments directly from
the Union Station Redevelopment Corporation, credit them to the
appropriation charged for the first deed of trust, and make payments on the first deed of trust with those funds: Provided further,
That such additional sums as may be necessary for payment on
the first deed of trust may be advanced by the Administrator
from unobligated balances available to the Federal Railroad
Administration, to be reimbursed from payments received from
the Union Station Redevelopment Corporation.
RAILROAD SAFETY
For necessary expenses in connection with railroad safety, not
otherwise provided for, $61,488,000, of which $3,825,000 shall
remain available until expended: Provided, That notwithstanding
any other provision of law, funds appropriated under this heading
are available for the reimbursement of out-of-state travel and per
diem costs incurred by employees of State governments directly
supporting the Federal railroad safety program, including regulatory development and compliance-related activities.
RAILROAD RESEARCH

AND

DEVELOPMENT

For necessary expenses for railroad research and development,
$22,364,000, to remain available until expended: Provided, That
the Secretary is authorized to sell aluminum reaction rail, power
rail base, and other related materials located at the Transportation

40 USC 817 note.

112 STAT. 2681–451

PUBLIC LAW 105–277—OCT. 21, 1998

Technology Center, near Pueblo, Colorado, and shall credit the
receipts from such sale to this account, notwithstanding 31 U.S.C.
3302, to remain available until expended.
RAILROAD REHABILITATION

AND IMPROVEMENT

PROGRAM

The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to
section 512 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (Public Law 94–210), as amended, in such amounts
and at such times as may be necessary to pay any amounts required
pursuant to the guarantee of the principal amount of obligations
under sections 511 through 513 of such Act, such authority to
exist as long as any such guaranteed obligation is outstanding:
Provided, That pursuant to section 502 of such Act, as amended,
no new direct loans or loan guarantee commitments shall be made
using Federal funds for the credit risk premium during fiscal year
1999.
NEXT GENERATION HIGH-SPEED RAIL
For necessary expenses for the Next Generation High-Speed
Rail program as authorized under 49 United States Code sections
26101 and 26102, $20,494,000, to remain available until expended.
ALASKA RAILROAD REHABILITATION
To enable the Secretary of Transportation to make grants to
the Alaska Railroad, $10,000,000 shall be for capital rehabilitation
and improvements benefiting its passenger operations.
RHODE ISLAND RAIL DEVELOPMENT
For the costs associated with construction of a third track
on the Northeast Corridor between Davisville and Central Falls,
Rhode Island, with sufficient clearance to accommodate double stack
freight cars, $5,000,000 to be matched by the State of Rhode Island
or its designee on a dollar-for-dollar basis and to remain available
until expended.
CAPITAL GRANTS

TO THE NATIONAL RAILROAD
CORPORATION

PASSENGER

For necessary expenses of capital improvements of the National
Railroad Passenger Corporation as authorized by U.S.C. 24104(a),
$609,230,000, to remain available until expended.
FEDERAL TRANSIT ADMINISTRATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses of the Federal Transit
Administration’s programs authorized by chapter 53 of title 49,
United States Code, $10,800,000, to remain available until
expended: Provided, That no more than $54,000,000 of budget
authority shall be available for these purposes: Provided further,
That of the funds in this Act available for the execution of contracts
under section 5327(c) of title 49, United States Code, $800,000
shall be transferred to the Department of Transportation Inspector

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–452

General for costs associated with the audit and review of new
fixed guideway systems.
FORMULA GRANTS
For necessary expenses to carry out 49 U.S.C. 5307, 5308,
5310, 5311, 5327, and section 3038 of Public Law 105–178,
$570,000,000, to remain available until expended: Provided, That
no more than $2,850,000,000 of budget authority shall be available
for these purposes: Provided further, That notwithstanding section
3008 of Public Law 105–178, the $50,000,000 to carry out 49 U.S.C.
5308 shall be transferred to and merged with funding provided
for the replacement, rehabilitation, and purchase of buses and
related equipment and the construction of bus-related facilities
under ‘‘Federal Transit Administration, Capital investment grants’’.
UNIVERSITY TRANSPORTATION RESEARCH
For necessary expenses to carry out 49 U.S.C. 5505, $1,200,000,
to remain available until expended: Provided, That no more than
$6,000,000 of budget authority shall be available for these purposes.
TRANSIT PLANNING

AND

RESEARCH

For necessary expenses to carry out 49 U.S.C. 5303, 5304,
5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $19,800,000,
to remain available until expended: Provided, That no more than
$98,000,000 of budget authority shall be available for these purposes: Provided further, That $5,250,000 is available to provide
rural transportation assistance (49 U.S.C. 5311(b)(2)); $4,000,000
is available to carry out programs under the National Transit
Institute (49 U.S.C. 5315); $8,250,000 is available to carry out
transit cooperative research programs (49 U.S.C. 5313(a));
$43,841,600 is available for metropolitan planning (49 U.S.C. 5303,
5304, and 5305); $9,158,400 is available for state planning (49
U.S.C. 5313(b)); and $27,500,000 is available for the national planning and research program (49 U.S.C. 5314): Provided further,
That of the total budget authority made available for the national
planning and research program, the Federal Transit Administration
shall provide the following amounts for the projects and activities
listed below:
City of Branson, MO congestion study, $450,000;
Skagit County, WA North Sound connecting communities
project, Skagit County Council of Governments, $50,000;
Desert air quality comprehensive analysis, Las Vegas, NV,
$1,000,000;
Vegetation control on rail rights-of-way survey, $250,000;
Zinc-air battery bus technology demonstration, $1,500,000;
North Orange-South Seminole County, FL fixed guideway
technology, $750,000;
Galveston, TX fixed guideway activities, $750,000;
Washoe County, NV transit technology, $1,250,000;
Massachusetts Bay Transit Authority advanced electric
transit buses and related infrastructure, $1,500,000;
Palm Springs, CA fuel cell buses, $1,000,000;
Gloucester, MA intermodal technology center, $1,500,000;
Southeastern Pennsylvania Transit Authority advanced
propulsion control system, $2,000,000;

112 STAT. 2681–453

PUBLIC LAW 105–277—OCT. 21, 1998

Project ACTION, $3,000,000;
Advanced transportation and alternative fuel vehicle technology consortium (CALSTART), $2,000,000;
Rural transportation assistance program, $750,000;
JOBLINKS, $1,000,000;
Fleet operations, including bus rapid transit, $1,500,000;
Northern tier community transportation, Massachusetts,
$500,000;
Hennepin County community transportation, Minnesota,
$1,000,000; and
Seattle, Washington livable city, $200,000.
TRUST FUND SHARE

OF

EXPENSES

(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 5303–5308, 5310–
5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038
of Public Law 105–178, $4,251,800,000, to remain available until
expended and to be derived from the Mass Transit Account of
the Highway Trust Fund: Provided, That $2,280,000,000 shall be
paid to the Federal Transit Administration’s formula grants
account: Provided further, That $78,200,000 shall be paid to the
Federal Transit Administration’s transit planning and research
account: Provided further, That $43,200,000 shall be paid to the
Federal Transit Administration’s administrative expenses account:
Provided further, That $4,800,000 shall be paid to the Federal
Transit Administration’s university transportation research
account: Provided further, That $40,000,000 shall be paid to the
Federal Transit Administration’s job access and reverse commute
grants program: Provided further, That $1,805,600,000 shall be
paid to the Federal Transit Administration’s Capital Investment
Grants account.
CAPITAL INVESTMENT GRANTS
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out 49 U.S.C. 5308, 5309,
5318, and 5327, $451,400,000, to remain available until expended:
Provided, That no more than $2,257,000,000 of budget authority
shall be available for these purposes: Provided further, That notwithstanding any other provision of law, there shall be available
for fixed guideway modernization, $902,800,000; there shall be
available for the replacement, rehabilitation, and purchase of buses
and related equipment and the construction of bus-related facilities,
$451,400,000, together with $50,000,000 transferred from ‘‘Federal
Transit Administration, Formula grants’’, to be available for the
following projects in amounts specified below:
No.
1
2
3
4

State
Alaska
Alaska
Alaska
Alaska

........................
........................
........................
........................

Project
Anchorage Ship Creek intermodal facility ...............
Fairbanks intermodal rail/bus transfer facility .....
North Slope Borough buses .......................................
Whittier intermodal facility and pedestrian overpass.

Conference
$4,300,000
2,000,000
500,000
700,000

PUBLIC LAW 105–277—OCT. 21, 1998
No.
5
6
7

State

Project

Alabama .....................
Alabama .....................
Alabama .....................

Birmingham intermodal facility ...............................
Birmingham-Jefferson County, buses .......................
Dothan Wiregrass Transit Authority demand response shuttle vehicles and transit facility.
Huntsville, intermodal space centers ........................
Huntsville, transit facility .........................................
Jasper buses ...............................................................
Lee-Russell Council buses .........................................
Mobile, GM&O building ............................................
Montgomery Union Station intermodal center and
buses.
Pritchard, bus transfer facility .................................
Tuscaloosa, intermodal center ..................................
University of North Alabama pedestrian walkways
Arkansas Highway and Transit Department buses
Fayetteville, University of Arkansas Transit System buses.
Hot Springs, transportation depot and plaza ..........
Little Rock, Central Arkansas Transit buses ...........
Statewide bus needs ...................................................
Phoenix bus and bus facilities ..................................
Tucson alternatively fueled buses .............................
Tucson intermodal facility ........................................
Central Contra Costa County transit vans ..............
Culver City, CityBus buses ........................................
Davis, Unitrans transit maintenance facility ..........
Davis/Sacramento area hydrogen bus technology
program.
Folsom multimodal facility .......................................
Healdsburg, intermodal facility ................................
Humboldt, intermodal facility ..................................
Huntington Beach buses ............................................
I–5 corridor intermodal transit centers ....................
Lake Tahoe intermodal transit center ......................
Livermore automatic vehicle locator program .........
Los Angeles County Metropolitan transportation
authority buses.
Los Angeles Foothills Transit maintenance facility
Los Angeles municipal transit operators consortium.
Los Angeles, Union Station Gateway Intermodal
Transit Center.
Modesto, bus maintenance facility ............................
Monterey, Monterey-Salinas buses ............................
Morongo Basin, Transit Authority bus facility ........
North San Diego County transit district buses .......
Perris, bus maintenance facility ...............................
Riverside Transit Agency buses and facilities and
ITS applications.
Sacramento, CNG buses ............................................
San Bernardino buses ...............................................
San Diego City College multimodal center (12th
Avenue/College Station).
San Fernando Valley smart shuttle buses ...............
San Francisco, Islais Creek maintenance facility ...
San Joaquin (Stockton) buses and bus facilities .....
Santa Clara Valley Transportation Authority buses
and bus facilities.
Santa Clarita transit maintenance facility ..............
Santa Cruz metropolitan bus facilities ....................
Santa Cruz transit facility ........................................
Santa Rosa/Cotati, and Rohnert Park facilities .....
Santa Rosa/Cotati, intermodal transportation facilities.
Solano Links intercity transit consortium ...............
Ukiah Transit Center ................................................
Windsor, Intermodal Facility ....................................
Woodland Hills, Warner Center Transportation
Hub.

8
9
10
11
12
13

Alabama
Alabama
Alabama
Alabama
Alabama
Alabama

.....................
.....................
.....................
.....................
.....................
.....................

14
15
16
17
18

Alabama .....................
Alabama .....................
Alabama .....................
Arkansas ....................
Arkansas ....................

19
20
21
22
23
24
25
26
27
28

Arkansas ....................
Arkansas ....................
Arkansas ....................
Arizona .......................
Arizona .......................
Arizona .......................
California ...................
California ...................
California ...................
California ...................

29
30
31
32
33
34
35
36

California
California
California
California
California
California
California
California

37
38

California ...................
California ...................

39

California ...................

40
41
42
43
44
45

California
California
California
California
California
California

46
47
48

California ...................
California ...................
California ...................

49
50
51
52

California
California
California
California

...................
...................
...................
...................

53
54
55
56
57

California
California
California
California
California

...................
...................
...................
...................
...................

58
59
60
61

California
California
California
California

...................
...................
...................
...................

...................
...................
...................
...................
...................
...................
...................
...................

...................
...................
...................
...................
...................
...................

112 STAT. 2681–454
Conference
2,000,000
1,250,000
500,000
5,000,000
1,000,000
50,000
790,000
5,000,000
5,000,000
500,000
1,950,000
800,000
200,000
500,000
560,000
300,000
1,500,000
4,000,000
2,000,000
1,000,000
200,000
1,250,000
625,000
950,000
1,000,000
1,000,000
1,000,000
200,000
2,500,000
500,000
1,000,000
3,000,000
1,000,000
2,500,000
1,250,000
1,355,000
625,000
650,000
1,750,000
1,250,000
1,000,000
1,250,000
1,000,000
1,000,000
300,000
1,250,000
1,000,000
1,000,000
2,250,000
625,000
1,000,000
750,000
750,000
1,000,000
500,000
750,000
325,000

112 STAT. 2681–455
No.

PUBLIC LAW 105–277—OCT. 21, 1998
State

Project

62
63
64
65
66
67
68
69
70

California ...................
Colorado .....................
Colorado .....................
Colorado .....................
Connecticut ................
Connecticut ................
Connecticut ................
Connecticut ................
District/Columbia .....

71

District/Columbia .....

72
73
74
75
76
77
78

Delaware ....................
Florida .......................
Florida .......................
Florida .......................
Florida .......................
Florida .......................
Florida .......................

79
80
81
82
83
84
85
86
87

Florida
Florida
Florida
Florida
Florida
Florida
Florida
Georgia
Georgia

88
89
90
91
92
93
94

Hawaii ........................
Illinois ........................
Illinois ........................
Indiana ......................
Indiana ......................
Indiana ......................
Indiana ......................

95
96
97

Iowa ............................
Iowa ............................
Iowa ............................

98
99

Iowa ............................
Kansas ........................

100

Kentucky .....................

101

Kentucky .....................

102
103

Kentucky .....................
Kentucky .....................

104
105
106

Louisiana ...................
Massachusetts ............
Massachusetts ............

107
108
109
110

Massachusetts
Massachusetts
Massachusetts
Massachusetts

111
112
113
114

Maryland ...................
Michigan ....................
Michigan ....................
Minnesota ...................

115

Minnesota ...................

116

Minnesota ...................

Yolo County, bus facility ...........................................
Boulder/Denver, RTD buses .....................................
Colorado buses and bus facilities .............................
Denver, Stapleton Intermodal Center .......................
Hartford, Transportation Access Project ..................
New Haven, bus facility ............................................
Norwich, buses ...........................................................
Waterbury, bus facility ..............................................
Fuel cell bus and bus facilities program (section
3015(b)).
Washington, D.C. Intermodal Transportation Center.
Delaware statewide buses ..........................................
Broward County, buses .............................................
Clearwater multimodal facility .................................
Daytona Beach, Intermodal Center ..........................
Gainesville buses and equipment .............................
Jacksonville buses and bus facilities ........................
Lakeland, Citrus Connection transit vehicles and
related equipment.
Lynx buses and bus facilities ....................................
Miami, bus security and surveillance ......................
Miami Beach multimodal transit center ..................
Miami Beach, Electric Shuttle Service .....................
Miami-Dade, buses ....................................................
Orlando, Intermodal Facility ....................................
Tampa Hartline buses ...............................................
Atlanta, MARTA buses ..............................................
Savannah/Chatham Area transit bus transfer centers and buses.
Honolulu, bus facility and buses ..............................
Illinois statewide buses and bus-related equipment
Rock Island, buses .....................................................
City of East Chicago buses ........................................
Gary, Transit Consortium buses ...............................
Indianapolis, buses ....................................................
South Bend, Urban Intermodal Transportation Facility.
Fort Dodge, Intermodal Facility (Phase II) .............
Iowa statewide buses and bus facilities ...................
Iowa/Illinois Transit Consortium bus safety and
security.
Sioux City park and ride bus facility .......................
Johnson County bus maintenance/operations facility.
Louisville, Kentucky University of Louisville and
River City buses.
Northern Kentucky Area Development District senior citizen buses.
Owensboro buses ........................................................
Southern and eastern Kentucky buses and bus facilities.
Statewide buses and bus-related facilities ...............
Essex and Middlesex buses .......................................
New Bedford/Fall River Mobile Access to health
care.
Pittsfield intermodal center .......................................
Springfield, Union Station ........................................
Westfield intermodal center .......................................
Worcester, Union Station Intermodal Transportation Center.
Maryland statewide bus facilities and buses ...........
Lansing, CATA bus technology improvements ........
Michigan statewide buses ..........................................
Duluth, Transit Authority community circulation
vehicles.
Duluth, Transit Authority intelligent transportation systems.
Duluth, Transit Authority Transit Hub ...................

.......................
.......................
.......................
.......................
.......................
.......................
.......................
.......................
.......................

............
............
............
............

Conference
1,200,000
625,000
6,800,000
1,250,000
800,000
2,250,000
2,250,000
2,250,000
4,850,000
2,500,000
1,000,000
1,000,000
2,500,000
2,500,000
1,500,000
1,000,000
1,250,000
1,000,000
1,000,000
1,000,000
750,000
2,250,000
2,500,000
1,250,000
12,000,000
3,500,000
3,250,000
6,800,000
2,500,000
200,000
1,250,000
5,000,000
1,250,000
885,000
3,000,000
1,000,000
1,800,000
2,000,000
3,000,000
100,000
200,000
2,000,000
11,000,000
3,128,000
250,000
4,600,000
1,250,000
2,000,000
2,500,000
10,000,000
600,000
10,000,000
1,000,000
500,000
500,000

PUBLIC LAW 105–277—OCT. 21, 1998
No.

State

Project

117

Minnesota ...................

118

Minnesota ...................

119
120
121

Missouri .....................
Missouri .....................
Missouri .....................

122
123
124

Missouri .....................
Missouri .....................
Mississippi .................

125
126
127
128

Mississippi .................
Mississippi .................
Montana .....................
Nevada .......................

129

Nevada .......................

130
131

Nevada .......................
New Hampshire .........

132
133
134
135
136
137
138
139
140

New
New
New
New
New
New
New
New
New

141
142

New Jersey .................
New Mexico ................

143
144
145

New Mexico ................
New York ...................
New York ...................

146

New York ...................

147

New York ...................

148
149
150

New York ...................
New York ...................
New York ...................

151
152
153

New York ...................
New York ...................
New York ...................

154
155
156
157
158

New
New
New
New
New

York
York
York
York
York

...................
...................
...................
...................
...................

159
160
161
162
163

New
New
New
New
New

York
York
York
York
York

...................
...................
...................
...................
...................

164
165
166
167

New
New
New
New

York
York
York
York

...................
...................
...................
...................

168

New York ...................

Northstar Corridor, Intermodal Facilities and
buses.
Twin Cities area metro transit buses and bus facilities.
Kansas City Union Station redevelopment ..............
OATS Transit .............................................................
Southwest Missouri State University park and ride
facility.
St. Louis, Bi-state Intermodal Center ......................
Statewide bus and bus facilities ...............................
Harrison County multimodal center/hybrid electric
shuttle buses.
High Street, Jackson intermodal center ...................
Jackson buses and facilities ......................................
Butte bus replacements ..............................................
Clark County Regional Transportation Commission buses and bus facilities.
Reno, RTC transit passenger and facility security
improvements.
Washoe County, transit improvements .....................
Berlin Tri-County Community Action transit garage.
Carroll County transportation alliance buses ..........
Concord Area Transit buses ......................................
Greater Laconia Transit Agency buses .....................
Keene HCS community care buses and equipment
Lebanon advance transit buses .................................
Statewide transit systems ..........................................
New Jersey Transit jitney shuttle buses ...................
Newark, Morris & Essex Station access and buses
South Amboy, Regional Intermodal Transportation
Initiative.
Statewide alternatively fueled vehicles .....................
Albuquerque, buses, paratransit vehicles, and bus
facility.
Northern New Mexico park and ride facilities ........
Babylon, Intermodal Center ......................................
Brookhaven Town, elderly and disabled buses and
vans.
Brooklyn-Staten Island, Mobility Enhancement
buses.
Broome County buses and fare collection equipment.
Buffalo, Auditorium Intermodal Center ...................
Dutchess County, Loop System buses .......................
East Hampton, elderly and disabled buses and
vans.
Ithaca, TCAT bus technology improvements ...........
Long Beach central bus facility ................................
Long Island, CNG transit vehicles and facilities
and bus replacement.
Mineola/Hicksville, LIRR Intermodal Centers .......
Nassau County CNG buses .......................................
New York City Midtown West Ferry Terminal ........
New York, West 72nd St. Intermodal Station .........
Niagara
Frontier
Transportation
Authority
Hublink.
Rensselaer intermodal bus facility ...........................
Riverhead, elderly and disabled buses and vans ....
Rochester central bus facility ....................................
Rome, Intermodal Center ..........................................
Shelter Island, elderly and disabled buses and
vans.
Smithtown, elderly and disabled buses and vans ...
Southampton, elderly and disabled buses and vans
Southold, elderly and disabled buses and vans ......
Suffolk County, elderly and disabled buses and
vans.
Syracuse CNG buses and facilities ...........................

Hampshire .........
Hampshire .........
Hampshire .........
Hampshire .........
Hampshire .........
Hampshire .........
Jersey .................
Jersey .................
Jersey .................

112 STAT. 2681–456
Conference
6,000,000
9,500,000
2,500,000
2,500,000
1,000,000
1,250,000
4,500,000
1,900,000
2,000,000
1,600,000
1,500,000
2,615,000
1,250,000
2,250,000
120,000
200,000
750,000
450,000
100,000
150,000
1,000,000
1,750,000
1,250,000
1,250,000
7,500,000
3,750,000
2,000,000
1,250,000
225,000
800,000
900,000
3,000,000
521,000
100,000
1,250,000
750,000
1,250,000
1,250,000
1,000,000
1,500,000
1,750,000
500,000
1,000,000
125,000
1,000,000
400,000
100,000
125,000
125,000
100,000
100,000
2,000,000

112 STAT. 2681–457
No.

PUBLIC LAW 105–277—OCT. 21, 1998
State
York
York
York
York

Project

169
170
171
172

New
New
New
New

...................
...................
...................
...................

173

New York ...................

174
175
176
177

New York ...................
North Carolina ..........
North Carolina ..........
North Carolina ..........

178
179
180

North Carolina ..........
North Dakota .............
Ohio ............................

181
182
183
184
185
186
187
188
189
190
191

Ohio ............................
Ohio ............................
Ohio ............................
Oklahoma ...................
Oregon ........................
Oregon ........................
Oregon ........................
Oregon ........................
Oregon ........................
Pennsylvania .............
Pennsylvania .............

192

Pennsylvania .............

193

Pennsylvania .............

194
195

Pennsylvania .............
Pennsylvania .............

196
197

Pennsylvania .............
Pennsylvania .............

198
199
200
201

Pennsylvania
Pennsylvania
Pennsylvania
Pennsylvania

.............
.............
.............
.............

202
203
204
205
206
207
208
209
210
211

Pennsylvania
Pennsylvania
Pennsylvania
Pennsylvania
Pennsylvania
Pennsylvania
Pennsylvania
Pennsylvania
Pennsylvania
Pennsylvania

.............
.............
.............
.............
.............
.............
.............
.............
.............
.............

212

Pennsylvania .............

213
214
215
216
217

Pennsylvania
Pennsylvania
Pennsylvania
Pennsylvania
Pennsylvania

218
219
220
221
222
223
224
225

Pennsylvania .............
Pennsylvania .............
Pennsylvania .............
Pennsylvania .............
Puerto Rico .................
Rhode Island .............
Rhode Island .............
South Carolina ..........

.............
.............
.............
.............
.............

Ulster County bus facilities and equipment .............
Utica and Rome, bus facilities and buses ................
Utica, Union Station .................................................
Westchester County, Bee-Line transit system
fareboxes.
Westchester County, Bee-Line transit system shuttle
buses.
Westchester County, DOT articulated buses ............
Greensboro, Multimodal Center ................................
Greensboro, Transit Authority buses ........................
Greensboro, Transit Authority small buses and
vans.
Statewide buses and bus facilities ............................
Statewide buses and bus-related facilities ...............
Cleveland, Triskett Garage bus maintenance facility.
Dayton, Multimodal Transportation Center ............
Statewide buses and bus facilities ............................
Toledo Mud Hens transit center study .....................
Oklahoma statewide bus facilities and buses ..........
Lane County, Bus Rapid Transit .............................
Portland, Tri-Met buses .............................................
Rogue Valley transit district bus purchase ..............
Salem area mass transit system buses .....................
Wilsonville, buses and shelters .................................
Altoona bus testing facility (section 3009) ...............
Altoona, Metro Transit Authority buses and transit
system improvements.
Altoona, Metro Transit Authority Logan Valley
Mall Suburban Transfer Center.
Altoona, Metro Transit Authority Transit Center
improvements.
Altoona, pedestrian crossover ....................................
Armstrong County-Mid-County, PA bus facilities
and buses.
Beaver County bus facility ........................................
Bradford County, Endless Mountain Transportation Authority buses.
Cambria County, bus facilities and buses ...............
Centre Area, Transportation Authority buses ..........
Chambersburg, Transit Authority buses ..................
Chambersburg, Transit Authority Intermodal Center.
Chester County, Paoli Transportation Center ..........
Crawford Area, Transportation buses ......................
Erie, Metropolitan Transit Authority buses .............
Fayette County, Intermodal Facilities and buses ....
Lackawanna County, Transit System buses ............
Mercer County, buses .................................................
Monroe County, Transportation Authority buses ....
Philadelphia, Frankford Transportation Center .....
Philadelphia, Intermodal 30th Street Station .........
Philadelphia, Regional Transportation System for
Elderly and Disabled.
Reading, BARTA Intermodal Transportation Facility.
Red Rose, Transit Bus Terminal ..............................
Robinson, Towne Center Intermodal Facility ..........
Schuylkill County buses ............................................
Somerset County, bus facilities and buses ...............
Towamencin Township, Intermodal Bus Transportation Center.
Washington County, Intermodal Facilities ..............
Westmoreland County, Intermodal Facility .............
Wilkes-Barre, Intermodal Facility ............................
Williamsport, Bus Facility ........................................
San Juan Intermodal access .....................................
Providence, buses and bus maintenance facility .....
Rhode Island Public Transit Authority buses .........
Columbia Bus replacement .......................................

Conference
1,000,000
500,000
2,100,000
979,000
1,000,000
1,250,000
3,340,000
1,500,000
321,000
5,000,000
2,000,000
625,000
625,000
12,000,000
200,000
5,000,000
4,400,000
1,750,000
1,000,000
1,000,000
400,000
3,000,000
842,000
80,000
424,000
800,000
150,000
1,000,000
1,000,000
575,000
1,250,000
300,000
1,000,000
1,000,000
500,000
1,000,000
1,270,000
600,000
750,000
1,000,000
5,000,000
1,250,000
750,000
1,750,000
1,000,000
1,500,000
220,000
175,000
1,500,000
630,000
200,000
1,250,000
1,200,000
950,000
2,250,000
3,200,000
1,100,000

PUBLIC LAW 105–277—OCT. 21, 1998
No.

State

Project

226
227

South Carolina ..........
South Carolina ..........

228
229

South Carolina ..........
South Dakota .............

230
231
232
233
234
235

South Dakota .............
South Dakota .............
Tennessee ...................
Texas ..........................
Texas ..........................
Texas ..........................

236
237
238
239
240
241
242
243
244
245
246
247

Texas ..........................
Texas ..........................
Texas ..........................
Texas ..........................
Utah ...........................
Utah ...........................
Utah ...........................
Utah ...........................
Vermont ......................
Vermont ......................
Vermont ......................
Virginia ......................

248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271

Virginia ......................
Virginia ......................
Virginia ......................
Virginia ......................
Virginia ......................
Virginia ......................
Washington ................
Washington ................
Washington ................
Washington ................
Washington ................
Washington ................
Washington ................
Washington ................
Washington ................
Washington ................
Washington ................
Washington ................
Washington ................
Washington ................
Wisconsin ...................
Wisconsin ...................
West Virginia .............
West Virginia .............

Pee Dee buses and facilities ......................................
South Carolina statewide Virtual Transit Enterprise.
Spartanburg buses and facilities ..............................
Computerized bus dispatch system, radios, money
boxes, and lift replacements.
Sioux Falls buses .......................................................
South Dakota statewide bus facilities and buses ....
Statewide buses and bus facilities ............................
Austin, buses ..............................................................
Brazos Transit Authority buses and facilities .........
Corpus Christi transit authority buses and facilities.
Dallas Area Rapid transit buses ..............................
Fort Worth bus and paratransit vehicle project ......
Galveston buses and bus facilities ............................
Texas statewide small urban and rural buses .........
Ogden, Intermodal Center .........................................
Utah Hybrid electric vehicle bus purchase ...............
Utah Transit Authority, Intermodal Facilities ........
Utah Transit Authority/Park City Transit, buses ..
Brattleboro Union Station multimodal center .........
Burlington intermodal center ....................................
Deerfield Valley Transit authority ............................
Alexandria, bus maintenance facility and Crystal
City canopy project.
Alexandria, King Street Station access ....................
Harrisonburg, buses ..................................................
Lynchburg, buses .......................................................
Richmond, GRTC bus maintenance facility ............
Roanoke, buses ...........................................................
Statewide buses and bus facilities ............................
Anacortes ferry terminal information system ..........
Ben Franklin transit operating facility ....................
Bremerton transportation center ...............................
Central Puget Sound Seattle bus program ..............
Chelan-Douglas multimodal center ..........................
Everett, Multimodal Transportation Center ............
Grant County, buses and vans ..................................
Mount Vernon, Multimodal Center ..........................
Port Angeles center ....................................................
Seattle, Intermodal Transportation Terminal .........
Snohomish County, Community transit buses ........
Tacoma Dome, buses and bus facilities ...................
Thurston County intercity buses ...............................
Vancouver, Clark County (C-Tran) bus facilities ....
Milwaukee County, buses ..........................................
Wisconsin statewide bus facilities and buses ...........
Huntington, Intermodal Facility ..............................
West Virginia statewide Intermodal Facility and
buses.

112 STAT. 2681–458
Conference
1,250,000
1,220,000
1,000,000
800,000
1,000,000
3,500,000
2,000,000
2,250,000
1,500,000
1,000,000
2,750,000
2,500,000
1,000,000
6,000,000
800,000
1,500,000
1,500,000
6,500,000
2,500,000
1,000,000
500,000
1,000,000
1,100,000
200,000
200,000
1,250,000
200,000
10,000,000
500,000
1,000,000
1,000,000
8,000,000
900,000
1,950,000
600,000
1,750,000
1,000,000
1,250,000
1,000,000
1,750,000
1,000,000
1,000,000
4,000,000
12,875,000
8,000,000
6,500,000

and there shall be available for new fixed guideway systems,
$902,800,000, to be available as follows:
$10,400,000 for the Alaska or Hawaii ferry projects;
$5,000,000 for the Albuquerque light rail project;
$52,110,000 for the Atlanta-North Springs project;
$1,000,000 for the Austin Capital metro project;
$500,000 for the Baltimore central downtown transit alternatives major investment study;
$1,000,000 for the Baltimore light rail double track project;
$1,000,000 for the Birmingham, Alabama alternatives
analysis study and preliminary engineering;
$500,000 for the Boston North-South rail link project;
$750,000 for the Boston urban ring project;

112 STAT. 2681–459

PUBLIC LAW 105–277—OCT. 21, 1998

$2,000,000 for the Burlington-Essex, Vermont commuter
rail project;
$2,200,000 for the Canton-Akron-Cleveland commuter rail
project;
$2,200,000 for the Charleston, South Carolina monobeam
rail project;
$3,000,000 for the Charlotte, North Carolina South-North
corridor transitway project;
$6,000,000 for the Chicago Metra commuter rail extensions
and upgrades project;
$3,000,000 for the Chicago Transit Authority Ravenswood
and Douglas branch lines projects: Provided, That recognizing
the nature of these projects, of the requirements of 49 U.S.C.
section 5309(e), only sections 5309(e)(1)(C) and 5309(e)(4) shall
apply;
$1,800,000 for the Cincinnati Northeast/Northern Kentucky
rail line project;
$4,000,000 for the Clark County, Nevada fixed guideway
project;
$1,000,000 for the Cleveland Berea Red Line extension
to the Hopkins International Airport project;
$2,000,000 for the Cleveland Euclid corridor improvement
project;
$500,000 for the Colorado-North Front Range corridor feasibility study;
$12,000,000 for the Dallas-Fort Worth RAILTRAN project;
$16,000,000 for the DART North Central light rail extension project;
$1,000,000 for the Dayton, Ohio light rail study;
$40,000,000 for the Denver Southwest Corridor project;
$500,000 for the Denver Southeast Corridor multimodal
corridor project;
$17,000,000 for the Dulles corridor project;
$4,000,000 for the Fort Lauderdale, Florida Tri-County
commuter rail project;
$1,000,000 for the Harrisburg, Pennsylvania capital area
transit/corridor one project;
$1,500,000 for the Hartford, Connecticut light rail project;
$3,000,000 for the Honolulu, Hawaii major investment
analysis of transit alternatives;
$2,000,000 for the Houston advanced regional transit program;
$59,670,000 for the Houston Regional Bus project;
$1,000,000 for the Johnson County, Kansas I–35 commuter
rail project;
$500,000 for the Kansas City, Missouri commuter rail
study;
$500,000 for the Kenosha-Racine-Milwaukee, Wisconsin
commuter rail project;
$250,000 for the King County, Washington Elliot Bay water
taxi;
$1,500,000 for the Knoxville, Tennessee electric transit
project;
$1,000,000 for the Largo, Maryland Metro Blue Line extension project;
$1,000,000 for the Little Rock, Arkansas River rail project;

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–460

$24,000,000 for the Long Island Railroad East Side access
project, New York;
$38,000,000 for the Los Angeles MOS–3 project;
$1,000,000 for the Massachusetts North Shore corridor
project;
$17,041,000 for the MARC commuter rail project;
$1,000,000 for the Maryland Route 5 corridor;
$2,200,000 for the Memphis, Tennessee Medical Center
rail extension project;
$3,000,000 for the Miami Metro-Dade Transit east-west
corridor project;
$3,000,000 for the Miami Metro-Dade North 27th Avenue
corridor project;
$8,000,000 for the Mid-City and East Side projects, Los
Angeles;
$4,000,000 for the Morgantown, West Virginia fixed guideway modernization project;
$1,000,000 for the Nashville, Tennessee regional commuter
rail project;
$70,000,000 for the New Jersey urban core Hudson-Bergen
LRT project;
$6,000,000 for the New Jersey urban core Newark-Elizabeth rail link project;
$500,000 for the New London, Connecticut waterfront
access project;
$22,000,000 for the New Orleans Canal Street corridor
project;
$2,000,000 for the New Orleans Desire Streetcar project;
$8,000,000 for the Norfolk-Virginia Beach regional rail
project;
$500,000 for the Northeast Ohio commuter rail study,
Phase 2;
$3,000,000 for the Northern Indiana South Shore commuter
rail project;
$3,000,000 for the Oceanside-Escondido passenger rail
project;
$500,000 for the Old Saybrook-Hartford, Connecticut rail
extension project;
$1,000,000 for the Omaha, Nebraska trolley system;
$2,500,000 for the Orange County, California transitway
project;
$17,500,000 for the Orlando Lynx light rail project;
$3,000,000 for the Philadelphia-Reading SEPTA Schuykill
Valley Metro project;
$1,000,000 for the Philadelphia SEPTA Cross County Metro
project;
$5,000,000 for the Phoenix metropolitan area transit
project;
$4,000,000 for the Pittsburgh Allegheny County Stage II
light rail project;
$1,000,000 for the Pittsburgh North Shore central business
district transit options MIS;
$25,718,000 for the Portland-Westside/Hillsboro project;
$5,000,000 for the Puget Sound RTA Link light rail project;
$41,000,000 for the Puget Sound RTA Sounder commuter
rail project;

112 STAT. 2681–461

PUBLIC LAW 105–277—OCT. 21, 1998

$10,000,000 for the Raleigh-Durham-Chapel Hill Triangle
Transit project;
$23,480,000 for the Sacramento south corridor LRT project;
$70,000,000 for the Salt Lake City South LRT project;
$5,000,000 for the Salt Lake City/Airport to University
(West-East) light rail project: Provided further, That the nongovernmental share for these funds shall be determined in
accordance with Section 3030(c)(2)(B)(ii) of the Transportation
Equity Act for the 21st Century, as amended (Public Law
105–178);
$1,000,000 for the San Bernardino Metrolink extension
project;
$2,000,000 for the San Diego Mid-Coast corridor project;
$1,500,000 for the San Diego Mission Valley East light
rail transit project;
$40,000,000 for the San Francisco BART extension to the
airport project;
$500,000 for the San Jacinto-Branch Line (Riverside
County) project;
$27,000,000 for the San Jose Tasman LRT project;
$20,000,000 for the San Juan Tren Urbano;
$500,000 for the Savannah, Georgia water taxi;
$250,000 for the Sioux City micro rail trolley system;
$53,983,000 for the South Boston Piers MOS–2 project;
$1,000,000 for the South Dekalb-Lindburgh corridor LRT
project;
$200,000 for the Southeast Michigan commuter rail
viability project;
$1,000,000 for the Spokane, Washington light rail project;
$500,000 for the St. Louis-Jefferson City-Kansas City, Missouri commuter rail project;
$35,000,000 for the St. Louis-St. Clair LRT extension
project;
$1,000,000 for the Stamford, Connecticut fixed guideway
connector;
$1,000,000 for the Tampa Bay regional rail project;
$17,000,000 for the Twin Cities Transitways project;
$2,000,000 for the Virginia Railway Express Woodbridge
station improvements project; and
$1,000,000 for the West Trenton, New Jersey rail project:
Provided further, That funds provided in Public Law 105–66 for
the Pennsylvania Strawberry Hill/Diamond Branch rail project shall
be available for the Laurel Rail line project in Lackawanna County,
Pennsylvania.
MASS TRANSIT CAPITAL FUND
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of
previous obligations incurred in carrying out 49 U.S.C. 5338(b),
$2,000,000,000, to remain available until expended and to be
derived from the Mass Transit Account of the Highway Trust Fund.

PUBLIC LAW 105–277—OCT. 21, 1998
JOB ACCESS

AND

112 STAT. 2681–462

REVERSE COMMUTE GRANTS

For necessary expenses to carry out section 3037 of the Federal
Transit Act of 1998, $35,000,000, to remain available until
expended: Provided, That no more than $75,000,000 of budget
authority shall be available for these purposes: Provided further,
That of the amounts appropriated under this head, not more than
$10,000,000 shall be used for grants for reverse commute projects.
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
For necessary expenses to carry out the provisions of section
14 of Public Law 96–184 and Public Law 101–551, $50,000,000,
to remain available until expended.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
The Saint Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits
of funds and borrowing authority available to the Corporation,
and 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 amended, as may be necessary in carrying out the programs set forth
in the Corporation’s budget for the current fiscal year.
OPERATIONS

AND

MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses for operations and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained
by the Saint Lawrence Seaway Development Corporation,
$11,496,000, to be derived from the Harbor Maintenance Trust
Fund, pursuant to Public Law 99–662.
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
RESEARCH

AND

SPECIAL PROGRAMS

For expenses necessary to discharge the functions of the
Research and Special Programs Administration, $29,280,000, of
which $574,000 shall be derived from the Pipeline Safety Fund,
and of which $3,460,000 shall remain available until September
30, 2001: Provided, That up to $1,200,000 in fees collected under
49 U.S.C. 5108(g) shall be deposited in the general fund of the
Treasury as offsetting receipts: Provided further, That there may
be credited to this appropriation, to be available until expended,
funds received from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training,
for reports publication and dissemination, and for travel expenses
incurred in performance of hazardous materials exemptions and
approvals functions.

112 STAT. 2681–463

PUBLIC LAW 105–277—OCT. 21, 1998
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)

For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$33,248,000, of which $4,248,000 shall be derived from the Oil
Spill Liability Trust Fund and shall remain available until September 30, 2001; and of which $29,000,000 shall be derived from
the Pipeline Safety Fund, of which $16,219,000 shall remain available until September 30, 2001: Provided, That in addition to
amounts made available for the Pipeline Safety Fund, $1,400,000
shall be available for grants to States for the development and
establishment of one-call notification systems and public education
activities, and shall be derived from amounts previously collected
under 49 U.S.C. 60301.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)

For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000,
to be derived from the Emergency Preparedness Fund, to remain
available until September 30, 2001: Provided, That not more than
$11,000,000 shall be made available for obligation in fiscal year
1999 from amounts made available by 49 U.S.C. 5116(i) and 5127(d):
Provided further, That none of the funds made available by 49
U.S.C. 5116(i) and 5127(d) shall be made available for obligation
by individuals other than the Secretary of Transportation, or his
designee.
OFFICE OF INSPECTOR GENERAL
SALARIES

AND

EXPENSES

For necessary expenses of the Office of Inspector General to
carry out the provisions of the Inspector General Act of 1978,
as amended, $43,495,000.
SURFACE TRANSPORTATION BOARD
SALARIES

AND

EXPENSES

For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $16,000,000: Provided, That notwithstanding any other provision of law, not to
exceed $2,600,000 from fees established by the Chairman of the
Surface Transportation Board shall be credited to this appropriation
as offsetting collections and used for necessary and authorized
expenses under this heading: Provided further, That the sum herein
appropriated from the general fund shall be reduced on a dollarfor-dollar basis as such offsetting collections are received during
fiscal year 1999, to result in a final appropriation from the general
fund estimated at no more than $16,000,000: Provided further,
That any fees received in excess of $2,600,000 in fiscal year 1999

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–464

shall remain available until expended, but shall not be available
for obligation until October 1, 1999.
TITLE II
RELATED AGENCIES
ARCHITECTURAL AND TRANSPORTATION BARRIERS
COMPLIANCE BOARD
SALARIES

AND

EXPENSES

For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502
of the Rehabilitation Act of 1973, as amended, $3,847,000: Provided,
That, notwithstanding any other provision of law, there may be
credited to this appropriation funds received for publications and
training expenses.
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES

AND

EXPENSES

For necessary expenses of the National Transportation Safety
Board, including hire of passenger motor vehicles and aircraft;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for a GS–
15; uniforms, or allowances therefor, as authorized by law (5 U.S.C.
5901–5902), $53,473,000, of which not to exceed $2,000 may be
used for official reception and representation expenses.
EMERGENCY FUND
For necessary expenses of the National Transportation Safety
Board for accident investigations, including hire of passenger motor
vehicles and aircraft; services as authorized by 5 U.S.C. 3109,
but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–15; uniforms, or allowances therefor,
as authorized by law (5 U.S.C. 5901–5902), $1,000,000, to remain
available until expended.
TITLE III
GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)

SEC. 301. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for
maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department business; and uniforms, or allowances therefor, as authorized by law
(5 U.S.C. 5901–5902).
SEC. 302. Such sums as may be necessary for fiscal year 1999
pay raises for programs funded in this Act shall be absorbed within
the levels appropriated in this Act or previous appropriations Acts.
SEC. 303. Funds appropriated under this Act for expenditures
by the Federal Aviation Administration shall be available: (1) except

49 USC 106 note.

112 STAT. 2681–465

23 USC 104 note.

PUBLIC LAW 105–277—OCT. 21, 1998

as otherwise authorized by title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.), for expenses
of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental
United States at costs for any given area not in excess of those
of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the
locality are unable to provide adequately for the education of such
dependents; and (2) for transportation of said dependents between
schools serving the area that they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public
means of transportation on a regular basis.
SEC. 304. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the
per diem rate equivalent to the rate for an Executive Level IV.
SEC. 305. None of the funds in this Act shall be available
for salaries and expenses of more than 100 political and Presidential
appointees in the Department of Transportation: Provided, That
none of the personnel covered by this provision may be assigned
on temporary detail outside the Department of Transportation.
SEC. 306. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 307. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 308. The Secretary of Transportation may enter into
grants, cooperative agreements, and other transactions with any
person, agency, or instrumentality of the United States, any unit
of State or local government, any educational institution, and any
other entity in execution of the Technology Reinvestment Project
authorized under the Defense Conversion, Reinvestment and
Transition Assistance Act of 1992 and related legislation: Provided,
That the authority provided in this section may be exercised without
regard to section 3324 of title 31, United States Code.
SEC. 309. The expenditure of any appropriation under this
Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, 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. 310. (a) For fiscal year 1999, the Secretary of Transportation shall—
(1) not distribute from the obligation limitation for Federalaid Highways amounts authorized for administrative expenses
and programs funded from the administrative takedown authorized by section 104(a) of title 23, United States Code, and
amounts authorized for the highway use tax evasion program
and the Bureau of Transportation Statistics.
(2) not distribute an amount from the obligation limitation
for Federal-aid Highways that is equal to the unobligated balance of amounts made available from the Highway Trust Fund

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–466

(other than the Mass Transit Account) for Federal-aid highways
and highway safety programs for the previous fiscal year the
funds for which are allocated by the Secretary;
(3) determine the ratio that—
(A) the obligation limitation for Federal-aid Highways
less the aggregate of amounts not distributed under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be appropriated
for Federal-aid highways and highway safety construction
programs (other than sums authorized to be appropriated
for sections set forth in paragraphs (1) through (7) of subsection (b) and sums authorized to be appropriated for
section 105 of title 23, United States Code, equal to the
amount referred to in subsection (b)(8)) for such fiscal
year less the aggregate of the amounts not distributed
under paragraph (1) of this subsection;
(4) distribute the obligation limitation for Federal-aid Highways less the aggregate amounts not distributed under paragraphs (1) and (2) for section 117 of title 23, United States
Code (relating to high priority projects program), section 201
of the Appalachian Regional Development Act of 1965, the
Woodrow Wilson Memorial Bridge Authority Act of 1995, and
$2,000,000,000 for such fiscal year under section 105 of the
Transportation Equity Act for the 21st Century (relating to
minimum guarantee) so that the amount of obligation authority
available for each of such sections is equal to the amount
determined by multiplying the ratio determined under paragraph (3) by the sums authorized to be appropriated for such
section (except in the case of section 105, $2,000,000,000) for
such fiscal year;
(5) distribute the obligation limitation provided for Federalaid Highways less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraph (4) for each of the programs that are allocated by the
Secretary under title 23, United States Code (other than activities to which paragraph (1) applies and programs to which
paragraph (4) applies) by multiplying the ratio determined
under paragraph (3) by the sums authorized to be appropriated
for such program for such fiscal year; and
(6) distribute the obligation limitation provided for Federalaid Highways less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5) for Federal-aid highways and highway safety
construction programs (other than the minimum guarantee program, but only to the extent that amounts apportioned for
the minimum guarantee program for such fiscal year exceed
$2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under
title 23, United States Code, in the ratio that—
(A) sums authorized to be appropriated for such programs that are apportioned to each State for such fiscal
year, bear to
(B) the total of the sums authorized to be appropriated
for such programs that are apportioned to all States for
such fiscal year.
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation
limitation for Federal-aid Highways shall not apply to obligations

112 STAT. 2681–467

49 USC 5338
note.

PUBLIC LAW 105–277—OCT. 21, 1998

(1) under section 125 of title 23, United States Code; (2) under
section 147 of the Surface Transportation Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of 1981; (4)
under sections 131(b) and 131(j) of the Surface Transportation
Assistance Act of 1982; (5) under sections 149(b) and 149(c) of
the Surface Transportation and Uniform Relocation Assistance Act
of 1987; (6) under section 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991; (7) under section
157 of title 23, United States Code, as in effect on the day before
the date of enactment of the Transportation Equity Act for the
21st Century; and (8) under section 105 of title 23, United States
Code (but, only in an amount equal to $639,000,000 for such fiscal
year).
(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall after August 1
for such fiscal year revise a distribution of the obligation limitation
made available under subsection (a) if a State will not obligate
the amount distributed during that fiscal year and redistribute
sufficient amounts to those States able to obligate amounts in
addition to those previously distributed during that fiscal year
giving priority to those States having large unobligated balances
of funds apportioned under sections 104 and 144 of title 23, United
States Code, section 160 (as in effect on the day before the enactment of the Transportation Equity Act for the 21st Century) of
title 23, United States Code, and under section 1015 of the Intermodal Surface Transportation Act of 1991 (105 Stat. 1943–1945).
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—The obligation limitation shall apply
to transportation research programs carried out under chapters
3 and 5 of title 23, United States Code, except that obligation
authority made available for such programs under such limitation
shall remain available for a period of 3 fiscal years.
(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—Not later
than 30 days after the date of the distribution of obligation limitation under subsection (a), the Secretary shall distribute to the
States any funds (1) that are authorized to be appropriated for
such fiscal year for Federal-aid highways programs (other than
the program under section 160 of title 23, United States Code)
and for carrying out subchapter I of chapter 311 of title 49, United
States Code, and chapter 4 of title 23, United States Code, and
(2) that the Secretary determines will not be allocated to the States,
and will not be available for obligation, in such fiscal year due
to the imposition of any obligation limitation for such fiscal year.
Such distribution to the States shall be made in the same ratio
as the distribution of obligation authority under subsection (a)(6).
The funds so distributed shall be available for any purposes
described in section 133(b) of title 23, United States Code.
(f) SPECIAL RULE.—Obligation limitation distributed for a fiscal
year under subsection (a)(4) for a section set forth in subsection
(a)(4) shall remain available until used for obligation of funds
for such section and shall be in addition to the amount of any
limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
SEC. 311. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation,
or to any other authority previously made available for obligation.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–468

SEC. 312. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
SEC. 313. None of the funds in this Act shall be available
to plan, finalize, or implement regulations that would establish
a vessel traffic safety fairway less than five miles wide between
the Santa Barbara Traffic Separation Scheme and the San Francisco
Traffic Separation Scheme.
SEC. 314. Notwithstanding any other provision of law, airports
may transfer, without consideration, to the Federal Aviation
Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications,
the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement
program grant. The FAA shall accept such equipment, which shall
thereafter be operated and maintained by the FAA in accordance
with agency criteria.
SEC. 315. None of the funds in this Act shall be available
to award a multiyear contract for production end items that: (1)
includes economic order quantity or long lead time material procurement in excess of $10,000,000 in any one year of the contract;
(2) includes a cancellation charge greater than $10,000,000 which
at the time of obligation has not been appropriated to the limits
of the Government’s liability; or (3) includes a requirement that
permits performance under the contract during the second and
subsequent years of the contract without conditioning such performance upon the appropriation of funds: Provided, That this limitation
does not apply to a contract in which the Federal Government
incurs no financial liability from not buying additional systems,
subsystems, or components beyond the basic contract requirements.
SEC. 316. Section 218 of title 23, United States Code, is
amended—
(1) in subsection (a)—
(A) in the first sentence by striking ‘‘the south Alaskan
border’’ and inserting ‘‘Haines’’ in lieu thereof;
(B) in the third sentence by striking ‘‘highway’’ and
inserting ‘‘highway or the Alaska Marine Highway System’’
in lieu thereof;
(C) in the fourth sentence by striking ‘‘any other fiscal
year thereafter’’ and inserting ‘‘any other fiscal year thereafter, including any portion of any other fiscal year thereafter, prior to the date of the enactment of the Transportation Equity Act for the 21st Century’’ in lieu thereof;
(D) in the fifth sentence by striking ‘‘construction of
such highways until an agreement’’ and inserting ‘‘construction of the portion of such highways that are in Canada
until an agreement’’ in lieu thereof; and
(2) in subsection (b) by inserting ‘‘in Canada’’ after ‘‘undertaken’’.
SEC. 317. Notwithstanding any other provision of law, and
except for fixed guideway modernization projects, funds made available by this Act under ‘‘Federal Transit Administration, Capital
investment grants’’ for projects specified in this Act or identified
in reports accompanying this Act not obligated by September 30,
2001, and other recoveries, shall be made available for other projects
under 49 U.S.C. 5309.

49 USC 44502
note.

112 STAT. 2681–469

PUBLIC LAW 105–277—OCT. 21, 1998

SEC. 318. Notwithstanding any other provision of law, any
funds appropriated before October 1, 1998, under any section of
chapter 53 of title 49, United States Code, that remain available
for expenditure may be transferred to and administered under
the most recent appropriation heading for any such section.
SEC. 319. None of the funds in this Act may be used to compensate in excess of 350 technical staff-years under the federally
funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 1999.
SEC. 320. Funds provided in this Act for the Transportation
Administrative Service Center (TASC) shall be reduced by
$15,000,000, which limits fiscal year 1999 TASC obligational
authority for elements of the Department of Transportation funded
in this Act to no more than $109,124,000: Provided, That such
reductions from the budget request shall be allocated by the Department of Transportation to each appropriations account in proportion
to the amount included in each account for the Transportation
Administrative Service Center.
SEC. 321. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad
Administration from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training
may be credited respectively to the Federal Highway Administration’s ‘‘Limitation on General Operating Expenses’’ account, the
Federal Transit Administration’s ‘‘Transit Planning and Research’’
account, and to the Federal Railroad Administration’s ‘‘Railroad
Safety’’ account, except for State rail safety inspectors participating
in training pursuant to 49 U.S.C. 20105.
SEC. 322. None of the funds in this Act shall be available
to prepare, propose, or promulgate any regulations pursuant to
title V of the Motor Vehicle Information and Cost Savings Act
(49 U.S.C. 32901 et seq.) prescribing corporate average fuel economy
standards for automobiles, as defined in such title, in any model
year that differs from standards promulgated for such automobiles
prior to enactment of this section.
SEC. 323. Notwithstanding any other provision of law, the
Secretary of Transportation shall convey, without consideration,
all right, title, and interest of the United States in and to the
parcels of real property described in this section, together with
any improvements thereon, as the Secretary considers appropriate
for purposes of the conveyance, to the entities described in this
section, namely: (1) United States Coast Guard Pass Manchac Light
in Tangipahoa Parish, Louisiana, to the State of Louisiana; and
(2) Tchefuncte River Range Rear Light in Madisonville, Louisiana,
to the Town of Madisonville, Louisiana.
SEC. 324. None of the funds made available in this Act may
be used for the purpose of promulgating or enforcing any regulation
that has the practical effect of (a) requiring more than one attendant
during unloading of liquefied compressed gases, or (b) preventing
the attendant from monitoring the customer’s liquefied compressed
gas storage tank during unloading.
SEC. 325. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111
may be credited to the Federal-aid highways account for the purpose
of reimbursing the Bureau for such expenses: Provided, That such

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–470

funds shall be subject to the obligation limitation for Federalaid highways and highway safety construction.
SEC. 326. None of the funds in this Act may be obligated
or expended for employee training which: (1) does not meet identified needs for knowledge, skills and abilities bearing directly upon
the performance of official duties; (2) contains elements likely to
induce high levels of emotional response or psychological stress
in some participants; (3) does not require prior employee notification
of the content and methods to be used in the training and written
end of course evaluations; (4) contains any methods or content
associated with religious or quasi-religious belief systems or ‘‘new
age’’ belief systems as defined in Equal Employment Opportunity
Commission Notice N–915.022, dated September 2, 1988; (5) is
offensive to, or designed to change, participants’ personal values
or lifestyle outside the workplace; or (6) includes content related
to human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) other than that necessary to make employees
more aware of the medical ramifications of HIV/AIDS and the
workplace rights of HIV-positive employees.
SEC. 327. None of the funds in this Act shall, in the absence
of express authorization by Congress, be used directly or indirectly
to pay for any personal service, advertisement, telegram, telephone,
letter, printed or written matter, or other device, intended or
designed to influence in any manner a Member of Congress, to
favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any
bill or resolution proposing such legislation or appropriation: Provided, That this shall not prevent officers or employees of the
Department of Transportation or related agencies funded in this
Act from communicating to Members of Congress on the request
of any Member or to Congress, through the proper official channels,
requests for legislation or appropriations which they deem necessary
for the efficient conduct of the public business.
SEC. 328. Not to exceed $1,000,000 of the funds provided in
this Act for the Department of Transportation shall be available
for the necessary expenses of advisory committees: Provided, That
this limitation shall not apply to advisory committees established
for the purpose of conducting negotiated rulemaking in accordance
with the Negotiated Rulemaking Act, 5 U.S.C. 561–570a, or the
Coast Guard’s advisory council on roles and missions
SEC. 329. BULK FUEL STORAGE TANK. (a) TRANSFER OF FUNDS.—
Notwithstanding any other provision of law, the remainder of the
balance in the Trans-Alaska Pipeline Liability Fund that is transferred and deposited into the Oil Spill Liability Trust Fund under
section 8102(a)(2)(B)(ii) of the Oil Pollution Act of 1990 (43 U.S.C.
1653 note) after June 16, 1998 shall be used in accordance with
this section.
(b) USE OF INTEREST ONLY.—The interest produced from the
investment of the Trans-Alaska Pipeline Liability Fund balance
that is transferred and deposited into the Oil Spill Liability Trust
Fund under section 8102(a)(2)(B)(ii) of the Oil Pollution Act of
1990 (43 U.S.C. 1653 note) after June 16, 1998 shall be transferred
annually by the National Pollution Funds Center to the Denali
Commission for a program, to be developed in consultation with
the Coast Guard, to repair or replace bulk fuel storage tanks in
Alaska which are not in compliance with federal law, including
the Oil Pollution Act of 1990, or State law.

43 USC 1653
note.

112 STAT. 2681–471

PUBLIC LAW 105–277—OCT. 21, 1998

(c) TAPS PAYMENT TO ALASKA DEDICATED TO BULK FUEL STORTANK REPAIR AND REPLACEMENT.—Section 8102(a)(2)(B)(i) of
Public Law 101–380 (43 U.S.C. 1653 note) is amended by inserting
immediately before the semicolon, ‘‘, which, except as otherwise
provided under article IX, section 15, of the Alaska Constitution,
shall be used for the remediation of above-ground storage tanks’’.
SEC. 330. No funds other than those appropriated to the Surface
Transportation Board or fees collected by the Board shall be used
for conducting the activities of the Board.
SEC. 331. (a) 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
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 Federal agency 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. 332. Notwithstanding any other provision of law, receipts,
in amounts determined by the Secretary, collected from users of
fitness centers operated by or for the Department of Transportation
shall be available to support the operation and maintenance of
those facilities.
SEC. 333. None of the funds in this Act shall be available
to implement or enforce regulations that would result in the withdrawal of a slot from an air carrier at O’Hare International Airport
under section 93.223 of title 14 of the Code of Federal Regulations
in excess of the total slots withdrawn from that air carrier as
of October 31, 1993 if such additional slot is to be allocated to
an air carrier or foreign air carrier under section 93.217 of title
14 of the Code of Federal Regulations.
SEC. 334. Notwithstanding 49 U.S.C. 41742, no essential air
service shall be provided to communities in the 48 contiguous
States that are located fewer than 70 highway miles from the
nearest large or medium hub airport, or that require a rate of
subsidy per passenger in excess of $200 unless such point is greater
than 210 miles from the nearest large or medium hub airport.
AGE

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–472

SEC. 335. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department from travel management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations of the Department and allocated to elements of the Department using fair and equitable criteria and such funds shall be
available until December 31, 1999.
SEC. 336. Notwithstanding any other provision of law, rule
or regulation, the Secretary of Transportation is authorized to allow
the issuer of any preferred stock heretofore sold to the Department
to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary.
SEC. 337. The unobligated balances of the funds made available
in previous appropriations Acts for the National Civil Aviation
Review Commission and for Urban Discretionary Grants are
rescinded.
SEC. 338. (a) Notwithstanding any other provision of law—
(1) the land and improvements thereto comprising the
Coast Guard Reserve Training Facility in Jacksonville, Florida,
is deemed to be surplus property; and
(2) the Commandant of the Coast Guard shall dispose
of all right, title, and interest of the United States in and
to that property, by sale, at fair market value.
(b) RIGHT OF FIRST REFUSAL.—Before a sale is made under
subsection (a) to any other person, the Commandant of the Coast
Guard shall give to the City of Jacksonville, Florida, the right
of first refusal to purchase all or any part of the property required
to be sold under that subsection.
SEC. 339. Of the funds provided under Federal Aviation
Administration ‘‘Operations’’, $250,000 is only for activities and
operations of the Centennial of Flight Commission.
SEC. 340. Notwithstanding any other provision of law, the
Secretary of Transportation shall waive repayment of any Federalaid highway funds expended on the construction of those high
occupancy lanes or auxiliary lanes constructed on I–287 in the
State of New Jersey, pursuant to section 338 of the fiscal year
1993 Department of Transportation and Related Agencies Appropriations Act (Public Law 102–388), if the State of New Jersey
presents the Secretary with its determination that such high occupancy vehicle lanes or auxiliary lanes are not in the public interest.
SEC. 341. (a) AUTHORITY TO CONVEY.—The Secretary of
Transportation may convey, without consideration, to the State
of North Carolina (in this section referred to as the ‘‘State’’), all
right, title, and interest of the United States in and to a parcel
of real property, together with any improvements thereon, in
Ocracoke, North Carolina, consisting of such portion of the Coast
Guard Station Ocracoke, North Carolina, as the Secretary considers
appropriate for purposes of the conveyance.
(b) CONDITIONS.—The conveyance under subsection (a) shall
be subject to the following conditions:
(1) That the State accept the property to be conveyed
under that subsection subject to such easements or rights of
way in favor of the United States as the Secretary considers
to be appropriate for—
(A) utilities;
(B) access to and from the property;

112 STAT. 2681–473

PUBLIC LAW 105–277—OCT. 21, 1998
(C) the use of the boat launching ramp on the property;
and

33 USC 2720
note.

Regulations.

(D) the use of pier space on the property by search
and rescue assets.
(2) That the State maintain the property in a manner
so as to preserve the usefulness of the easements or rights
of way referred to in paragraph (1).
(3) That the State utilize the property for transportation,
education, environmental, or other public purposes.
(c) REVERSION.—(1) If the Secretary determines at any time
that the property conveyed under subsection (a) is not to be used
in accordance with subsection (b), all right, title, and interest in
and to the property, including any improvements thereon, shall
revert to the United States, and the United States shall have
the right of immediate entry thereon.
(2) Upon reversion under paragraph (1), the property shall
be under the administrative jurisdiction of the Administrator of
General Services.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property conveyed under subsection (a), and any
easements or rights of way granted under subsection (b)(1), shall
be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the State.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions with respect to the
conveyance under subsection (a), and any easements or rights of
way granted under subsection (b)(1), as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 342. Notwithstanding any other provision of law, funds
appropriated in this or any other Act intended for highway demonstration projects, railroad-highway crossings demonstration
projects or railroad relocation projects in Augusta, Georgia are
available for implementation of a project consisting of modifications
and additions to streets, railroads, and related improvements in
the vicinity of the grade crossing of the CSX railroad and 15th
Street in Augusta, Georgia.
SEC. 343. (a) None of the funds made available by this Act
or subsequent Acts may be used by the Coast Guard to issue,
implement, or enforce a regulation or to establish an interpretation
or guideline under the Edible Oil Regulatory Reform Act (Public
Law 104–55), or the amendments made by that Act, that does
not recognize and provide for, with respect to fats, oils, and greases
(as described in that Act, or the amendments made by that Act)
differences in—
(1) physical, chemical, biological and other relevant properties; and
(2) environmental effects.
(b) Not later than March 31, 1999, the Secretary of Transportation shall issue regulations amending 33 CFR 154 to comply
with the requirements of Public Law 104–55.
SEC. 344. Funding made available in Public Law 105–174 for
emergency railroad rehabilitation and repair shall be available for
repairs resulting from natural disasters occurring from September
1996 through July 10, 1998.
SEC. 345. For purposes of evaluating environmental impacts
of the toll road in Orange and San Diego counties, California,
the Administrator of the Federal Highway Administration and other

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–474

participating Federal agencies shall consider only those transportation alternatives previously identified by regional planning processes and shall restrict agency comments to those matters over
which the agency has direct jurisdiction: Provided, That notwithstanding any inter-agency memoranda of understanding, the
Administrator of the Federal Highway Administration shall retain
and exercise all authority regarding the form, content and timing
of any environmental impact statement and record of decision
regarding the toll road, including the evaluation and selection of
alternatives and distribution of draft and final environmental
impact statements.
SEC. 346. (a) Notwithstanding any other law, the Commandant,
United States Coast Guard, shall convey to the University of South
Alabama (in this section referred to as ‘‘the recipient’’), the right,
title, and interest of the United States Government in and to
a decommissioned vessel of the Coast Guard, as determined appropriate by the Commandant and the recipient, if—
(1) the recipient agrees to use the vessel for the purposes
of supporting archaeological and historical research in the
Mobile Bay Delta;
(2) the recipient agrees not to use the vessel for commercial
transportation purposes, except as incident to the provision
of logistics services in connection with the Old Mobile
Archaeological Project;
(3) The recipient agrees to make the vessel available to
the Government if the Commandant requires use of the vessel
by the Government in times of war or national emergency;
(4) the recipient agrees to hold the Government harmless
for any claims arising from exposure to hazardous materials
including, but not limited to, asbestos and polychlorinated
biphenyls (PCBs), after conveyance of the vessel, except for
claims arising from use by the Government under paragraph
(3);
(5) the recipient has funds available to be committed for
use to restore the vessel to operation and thereafter maintain
it in good working condition, in the amount of at least $400,000;
and
(6) the recipient agrees to any other conditions that the
Secretary considers appropriate.
(b) DELIVERY OF VESSEL.—If a conveyance is made under this
section, the Commandant shall deliver the vessel at the place where
the vessel is located, in its present condition, without cost to the
Government. The conveyance of this vessel shall not be considered
a distribution in commerce for purposes of section 2605(e) of title
15, United States Code.
(c) OTHER UNNEEDED EQUIPMENT.—The Commandant may convey to the recipient any unneeded equipment or parts from other
decommissioned vessels pending disposition for use to restore the
vessel to operability. The Commandant may require compensation
from the recipient for such items.
(d) APPLICABLE LAWS AND REGULATIONS.—The vessel shall at
all times remain subject to applicable vessel safety laws and regulations.
SEC. 347. Item 1132 in section 1602 of the Transportation
Equity Act for the 21st Century (112 Stat. 298), relating to Mississippi, is amended by striking ‘‘Pirate Cove’’ and inserting ‘‘Pirates’
Cove and 4-lane connector to Mississippi Highway 468’’.

112 STAT. 2681–475

PUBLIC LAW 105–277—OCT. 21, 1998

SEC. 348. (a) AUTHORITY TO CONVEY COAST GUARD PROPERTY
JACKSONVILLE UNIVERSITY IN JACKSONVILLE, FLORIDA.—
(1) IN GENERAL.—The Secretary of Transportation may convey to Jacksonville University, located in Jacksonville, Florida,
without consideration, all right, title, and interest of the United
States in and to the property comprising the Long Branch
Rear Range Light, Jacksonville, Florida.
(2) IDENTIFICATION OF PROPERTY.—The Secretary may identify, describe, and determine the property to be conveyed under
this section.
(b) TERMS AND CONDITIONS.—Any conveyance of any property
under this section shall be made—
(1) subject to such terms and conditions as the Commandant may consider appropriate; and
(2) subject to the condition that all right, title, and interest
in and to the property conveyed shall immediately revert to
the United States if the property, or any part thereof, ceases
to be used by Jacksonville University.
SEC. 349. For necessary expenses of the Amtrak Reform Council
authorized under section 203 of Public Law 105–134, $450,000,
to remain available until September 30, 2000: Provided, That none
of the funds provided under this heading shall be for payments
to outside consultants: Provided further, That the duties of the
Amtrak Reform Council described in section 203(g)(1) of Public
Law 105–134 shall include the identification of Amtrak routes which
are candidates for closure or realignment, based on performance
rankings developed by Amtrak which incorporate information on
each route’s fully allocated costs and ridership on core intercity
passenger service, and which assume, for purposes of closure or
realignment candidate identification, that federal subsidies for
Amtrak will decline over the 4-year period from fiscal year 1999
to fiscal year 2002: Provided further, That these closure or realignment recommendations shall be included in the Amtrak Reform
Council’s annual report to the Congress required by section 203(h)
of Public Law 105–134.
SEC. 350. Notwithstanding any other provision of law, the
Secretary shall approve and the State of New York is authorized
to proceed with engineering, final design and construction of additional entrances and exits between exits 57 and 58 on Interstate
495 in Suffolk County, New York. The Secretary may review final
design of such project.
SEC. 351. (a) Section 30113 of title 49, United States Code,
is amended—
(1) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘or passenger motor
vehicles from a bumper standard prescribed under chapter
325 of this title,’’ after ‘‘a motor vehicle safety standard
prescribed under this chapter’’; and
(B) in paragraph (3)(A), by inserting ‘‘or chapter 325
of this title (as applicable)’’ after ‘‘this chapter’’;
(2) in subsection (c)(1), by inserting ‘‘, or a bumper standard
prescribed under chapter 325 of this title,’’ after ‘‘motor vehicle
safety standard prescribed under this chapter’’;
(3) in subsection (d), by inserting ‘‘(including an exemption
under subsection (b)(3)(B)(i) relating to a bumper standard
referred to in subsection (b)(1))’’ after ‘‘subsection (b)(3)(B)(i)
of this section’’; and

TO

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–476

(4) in subsection (h), by inserting ‘‘or bumper standard
prescribed under chapter 325 of this title’’ after ‘‘each motor
vehicle safety standard prescribed under this chapter’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 32502(c) of title 49, United States Code, is
amended—
(A) in the matter preceding paragraph (1), by striking
‘‘any part of a standard’’ and inserting ‘‘all or any part
of a standard’’;
(B) in paragraph (1), by striking ‘‘or’’ at the end;
(C) in paragraph (2), by striking the period and inserting ‘‘; or’’; and
(D) by adding at the end the following:
‘‘(3) a passenger motor vehicle for which an application
for an exemption under section 30013(b) of this title has been
filed in accordance with the requirements of that section.’’.
(2) Section 32506(a) of title 49, United States Code, is
amended by inserting ‘‘and section 32502 of this title’’ after
‘‘Except as provided in this section’’.
SEC. 352. Notwithstanding any other provision of law,
$10,000,000 of funds available under section 104(a) of title 23
U.S.C., shall be made available to the University of Alabama in
Tuscaloosa, Alabama, for research activities at the Transportation
Research Institute and to construct a building to house the Institute,
and shall remain available until expended.
SEC. 353. Discretionary grants funds for bus and bus-related
facilities made available in this Act and in Public Law 105–66
and its accompanying conference report for the Virtual Transit
Enterprise project shall be used to fund any aspect of the Virtual
Transit Enterprise integration of information project in South Carolina.
SEC. 354. Section 3021 of the Transportation Equity Act for
the 21st Century (Public Law 105–178) is amended—
(1) in subsection (a), by inserting ‘‘or the State of Vermont’’
after ‘‘the State of Oklahoma’’; and
(2) in subsection (b)(2)(A), by inserting ‘‘and the State of
Vermont’’ after ‘‘within the State of Oklahoma’’.
SEC. 355. Section 3 of the Act of July 17, 1952 (66 Stat.
746, chapter 921), and section 3 of the Act of July 17, 1952 (66
Stat. 571, chapter 922), are each amended in the proviso—
(1) by striking ‘‘That’’ and all that follows through ‘‘the
collection of’’ and inserting ‘‘That the commission may collect’’;
and
(2) by striking ‘‘, shall cease’’ and all that follows through
the period at the end and inserting a period.
SEC. 356. Section 1212(m) of Public Law 105–178 is amended—
(1) in the subsection heading, by inserting ‘‘, Idaho, Alaska and
West Virginia’’ after ‘‘Minnesota’’; and (2) by inserting ‘‘or the States
of Idaho, Alaska or West Virginia’’ after ‘‘Minnesota’’.
SEC. 357. Notwithstanding any other provision of law, funds
obligated and awarded in fiscal year 1994 by the Economic Development Administration in the amount of $912,000 to the City of
Pittsburg, Kansas, as Project Number 05–19–61200 for water, sewer
and street improvements shall be disbursed to the City upon determination by the EDA that the improvements have been completed
in accordance with the project description in the award documents.

49 USC 5307
note.

112 STAT. 2681–477

PUBLIC LAW 105–277—OCT. 21, 1998

SEC. 358. Section 3030(d)(3) of the Transportation Equity Act
for the 21st Century (Public Law 105–178) is amended by adding
at the end the following:
‘‘(C) Saint Barnard Parish, Louisiana intermodal facility.’’.
SEC. 359. The Secretary of Transportation is authorized to
transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided,
That no appropriation shall be increased or decreased by more
than 12 per centum by all such transfers: Provided further, That
any such transfer shall be submitted for approval to the House
and Senate Committees on Appropriations.
SEC. 360. Section 3027 of the Transportation Equity Act for
the 21st Century (49 U.S.C. 5307 note; 112 Stat. 366) is amended
by adding at the end the following:
‘‘(3) SERVICES FOR ELDERLY AND PERSONS WITH DISABILITIES.—
In addition to assistance made available under paragraph (1), the
Secretary may provide assistance under section 5307 of title 49,
United States Code, to a transit provider that operates 20 or fewer
vehicles in an urbanized area with a population of at least 200,000
to finance the operating costs of equipment and facilities used
by the transit provider in providing mass transportation services
to elderly and persons with disabilities, provided that such assistance to all entities shall not exceed $1,000,000 annually.’’.
SEC. 361. Hereafter, the Commonwealth of Virginia shall have
the exclusive authority to determine the high-occupancy vehicle
restrictions applicable to Interstate Highway 66 in Virginia.
SEC. 362. None of the funds appropriated by this Act may
be used to issue a final standard under docket number NHTSA
98–3945 (relating to section 656(b) of the Illegal Immigration
Reform and Responsibility Act of 1996).
SEC. 363. Items 178 and 1547 in section 1602 of the Transportation Equity Act for the 21st Century (Public Law 105–178), relating to Georgia, are amended by adding at the end the following:
‘‘and construct improvements to said corridor’’.
SEC. 364. Notwithstanding any other provision of law, the
Secretary shall approve the construction of Type II noise barriers
from funds apportioned under sections 104(b)(1) and 104(b)(3) of
title 23, United States Code, at the following locations:
(a) beginning on the north and south sides of Interstate
Route 20 extending from H.E. Holmes Road to Fulton Industrial
Boulevard in Fulton County, Georgia;
(b) beginning on the north and south sides of Interstate
Route 20 extending from Flat Shoals Road to Columbia Drive
in DeKalb County, Georgia; and
(c) beginning on the west side of Interstate Route 75 extending from Howell Mill Road to West Paces Ferry Road in Fulton
County, Georgia.
SEC. 365. Notwithstanding any other provision of law, except
as otherwise provided in this section, the Secretary shall approve
and the State of Alabama is authorized to proceed with construction
of the East Foley corridor project from Baldwin County Highway
20 to State Highway 59, identified in items 857 and 1501 in the
table contained in Section 1602 of the Transportation Equity Act
for the 21st Century (Public Law 105–178). Environmental reviews
performed by the Alabama Department of Environmental

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–478

Management and the Mobile District of the U.S. Army Corps of
Engineers and all other non-environmental federal laws shall
remain in effect.
SEC. 366. Item 1083 contained in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 297) is amended
by striking ‘‘between Southwest Drive and U.S. 277’’.
SEC. 367. Notwithstanding any other provision of Federal law,
the State of Minnesota may obligate funds apportioned in fiscal
years 1998 through 2003 pursuant to section 117 of title 23, United
States Code, for high priority project numbers 1628 and 1195
authorized in section 1602 of the Transportation Equity Act for
the 21st Century (Public Law 105–178): Provided, That such obligation shall be subject to the allocation percentages of section 1602(b)
as modified by section 1212(m) of the Transportation Equity Act
for the 21st Century (Public Law 105–178).
SEC. 368. Item number 577 in the table contained in Section
1602 of the Transportation Equity Act for the 21st Century (Public
Law 105–178) is amended by striking ‘‘Construct’’ and all that
follows through ‘‘Ketchikan’’ and insert ‘‘For the purposes set forth
in item number 1496’’.
SEC. 3769. Section 5117(b)(6) of the Transportation Equity Act
for the 21st Century (23 U.S.C. 502 note; 112 Stat. 450) is amended
by striking ‘‘Pennsylvania Transportation Institute’’ and inserting
‘‘Commonwealth of Pennsylvania’’.
SEC. 370. Section 5204 of the Transportation Equity Act for
the 21st Century (23 U.S.C. 502 note; 112 Stat. 453–455) is amended
by adding at the end the following:
‘‘(k) USE OF RIGHTS-OF-WAY.—Intelligent transportation system
projects specified in section 5117(b)(3) and 5117(b)(6) and involving
privately owned intelligent transportation system components that
is carried out using funds made available from the Highway Trust
Fund shall not be subject to any law or regulation of a State
or political subdivision of a State prohibiting or regulating commercial activities in the rights-of-way of a highway for which Federalaid highway funds have been utilized for planning, design, construction, or maintenance, if the Secretary of Transportation determines
that such use is in the public interest. Nothing in this subsection
shall affect the authority of a State or political subdivision of
a State to regulate highway safety.’’.
SEC. 371. (a) The Commandant of the Coast Guard shall convey,
without consideration, to the Town of New Castle, New Hampshire
(in this section referred to as the ‘‘Town’’), all right, title, and
interest of the United States in and to a parcel of real property
comprising approximately 2 acres and having approximately 100
feet of ocean front that is located in New Castle, New Hampshire.
The property is bordered to the west by property owned by the
Town and to the east by Coast Guard Station Portsmouth Harbor,
New Hampshire.
(b)(1) The Commandant shall, in connection with the conveyance required by subsection (a), grant to the Town such easements
and rights-of-way as the Commandant considers necessary to permit
access to the property conveyed under that subsection.
(2) The Commandant may, in connection with the conveyance
required by subsection (a), reserve in favor of the United States
such easements and rights-of-way as the Commandant considers
necessary to protect the interests of the United States.
(c)(1) The conveyance of property under subsection (a) shall
be subject to the following conditions:

112 STAT. 2681–479

PUBLIC LAW 105–277—OCT. 21, 1998

(A) That the property, or any portion thereof, shall revert
to the United States if the Commandant determines that such
property is required by the United States for purposes of the
national security of the United States.
(B) That the property, or any portion thereof, shall revert
to the United States if the Commandant determines that such
property is required by the United States for purposes of a
site for an aid to navigation.
(2)(A) At least 30 days before the date of the reversion of
property under paragraph (1)(A), the Commandant shall provide
the Town written notice that the property is required for purposes
of the national security of the United States.
(B) At least 30 days before the date of the reversion of property
under paragraph (1)(B), the Commandant shall provide the Town
written notice that the property is required for purposes of a site
for an aid to navigation.
(d)(1) Notwithstanding any other provision of the Land and
Water Conservation Fund Act of 1965, Public Law 88–578, as
amended, or other law, the Coast Guard property conveyed to
New Castle, New Hampshire pursuant to subsection (a) may be
used to replace a portion of Land and Water Conservation Fundassisted land in New Castle, New Hampshire under project number
33–00077: Provided, That the replacement property satisfactorily
meets the conversion criteria regarding reasonably equivalent recreation usefulness and location.
(2) The Town may not use the property referred to in paragraph
(1) for the purpose specified in that paragraph unless the property
conveyed under subsection (a) provides opportunities for recreational activities that are reasonably similar to the opportunities
for recreational activities provided by the property referred to in
paragraph (1).
(e) The Commandant may require such additional terms and
conditions in connection with the conveyance under subsection (a),
and the grants of any easements or rights-of-way under subsection
(b), as the Commandant considers appropriate to protect the
interests of the United States.
SEC. 372. None of the Funds made available under this Act
or any other Act, may be used to implement, carry out, or enforce
any regulation issued under section 41705 of title 49, United States
Code, including any regulation contained in part 382 of title 14,
Code of Federal Regulations, or any other provision of law (including
any Act of Congress, regulation, or Executive order or any official
guidance or correspondence thereto), that requires or encourages
an air carrier (as that term is defined in section 40102 of title
49, United States Code) to, on intrastate or interstate air transportation (as those terms are defined in section 40102 of title 49,
United States Code)—
(1) provide a peanut-free buffer zone or any other related
peanut-restricted area; or
(2) restrict the distribution of peanuts,
until 90 days after submission to the Congress and the Secretary
of a peer-reviewed scientific study that determines that there are
severe reactions by passengers to peanuts as a result of contact
with very small airborne peanut particles of the kind that passengers might encounter in an aircraft.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–480

SEC. 373. MODIFICATION OF SUBSTITUTE PROJECT IN WISCONSIN—

Section 1045 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1994) is amended in subsection (a)
by striking paragraph (a)(2) and inserting the following:
‘‘(2)(A) For six months after the date of enactment of this
paragraph, the provisions set forth in paragraph (2)(B) shall
apply to all of the funds identified in this section. After such
time, the provisions set forth in paragraph (2)(B) shall apply
to fifty percent of the funds identified in this section, and
the provisions of paragraph (2)(C) shall apply to fifty percent
of the funds identified in this section.’’
‘‘(B) Notwithstanding paragraph (1) and subsection (c) of
this section, upon the request of the Governor of the State
of Wisconsin, after consultation with appropriate local government officials, submitted by October 1, 2000, the Secretary
may approve one or more substitute projects in lieu of the
substitute project approved by the Secretary under paragraph
(1) and subsection (c) of this section.’’
‘‘(C) Notwithstanding paragraph (1) and subsection (c) of
this section, upon the request of the Governor of the State
of Wisconsin, submitted by October 1, 2000, the Secretary shall
approve one or more substitute projects in lieu of the substitute
project approved by the Secretary under paragraph (1) and
subsection (c) of this section.’’.
This Act may be cited as the ‘‘Department of Transportation
and Related Agencies Appropriations Act, 1999’’.
(h) For programs, projects or activities in the Treasury and
General Government 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 Treasury Department, the United States
Postal Service, the Executive Office of the President, and certain Independent
Agencies, for the fiscal year ending September 30, 1999, and for other purposes

TITLE I—DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES

For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex;
hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies
for, real properties leased or owned overseas, when necessary for
the performance of official business; not to exceed $2,900,000 for
official travel expenses; not to exceed $150,000 for official reception
and representation expenses; not to exceed $258,000 for unforeseen
emergencies of a confidential nature, to be allocated and expended
under the direction of the Secretary of the Treasury and to be
accounted for solely on his certificate, $123,151,000: Provided, That
the Office of Foreign Assets Control shall be funded at no less
than $6,560,800: Provided further, That the Department is authorized to charge both direct and indirect costs to the Office of Foreign
Assets Control in the implementation of this floor: Provided further,
That the methodology for applying such charges will be the same

Treasury and
General
Government
Appropriations
Act, 1999.
Treasury
Department
Appropriations
Act, 1999.

112 STAT. 2681–481

PUBLIC LAW 105–277—OCT. 21, 1998

method used in developing the Departmental Offices Fiscal Year
1999 President’s Budget Justification to the Congress.
AUTOMATION ENHANCEMENT
(INCLUDING TRANSFER OF FUNDS)

For development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury, $28,690,000: Provided, That these funds shall remain available
until September 30, 2000: Provided further, That these funds shall
be transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department’s offices, bureaus, and other
organizations: Provided further, That this transfer authority shall
be in addition to any other transfer authority provided in this
Act: Provided further, That none of the funds appropriated shall
be used to support or supplement the Internal Revenue Service
appropriations for Information Systems: Provided further, That
$6,000,000 of the funds appropriated for the Customs Modernization
project may not be transferred to the United States Customs Service
or obligated until the Treasury’s Chief Information Officer, through
the Treasury Investment Review Board, concurs on the plan and
milestone schedule for the deployment of the system: Provided
further, That $6,000,000 of the funds made available for the Customs Modernization project may not be obligated for any major
system investments prior to the development of an architecture
which is compliant with the Treasury Information Systems Architecture Framework (TISAF) and the establishment of measures to
enforce compliance with the architecture.
OFFICE

OF INSPECTOR

GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, not to exceed $2,000,000 for official travel expenses;
including hire of passenger motor vehicles; and not to exceed
$100,000 for unforeseen emergencies of a confidential nature, to
be allocated and expended under the direction of the Inspector
General of the Treasury, $30,678,000.
TREASURY BUILDING

AND

ANNEX REPAIR

AND

RESTORATION

For the repair, alteration, and improvement of the Treasury
Building and Annex, $27,000,000, to remain available until
expended: Provided, That none of the funds provided shall be available for obligation until September 30, 1999.
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES

For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel expenses
of non-Federal law enforcement personnel to attend meetings concerned with financial intelligence activities, law enforcement, and
financial regulation; not to exceed $14,000 for official reception
and representation expenses; and for assistance to Federal law

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–482

enforcement agencies, with or without reimbursement, $24,000,000:
Provided, That funds appropriated in this account may be used
to procure personal services contracts.
VIOLENT CRIME REDUCTION PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

For activities authorized by Public Law 103–322, to remain
available until expended, which shall be derived from the Violent
Crime Reduction Trust Fund, as follows:
(1) As authorized by section 190001(e), $119,000,000; of
which $3,000,000 shall be available to the Bureau of Alcohol,
Tobacco and Firearms for administering the Gang Resistance
Education and Training program; of which $1,400,000 shall
be available to the Financial Crimes Enforcement Network;
of which $22,628,000 shall be available to the United States
Secret Service, including $6,700,000 for vehicle replacement,
$5,000,000 for investigations of counterfeiting, $7,732,000 for
the 2000 candidate/nominee protection program, and $3,196,000
for forensic and related support of investigations of missing
and exploited children, of which $1,196,000 shall be available
as a grant for activities related to the investigations of exploited
children and shall remain available until expended; of which
$65,472,000 shall be available for the United States Customs
Service, including $54,000,000 for narcotics detection technology, $9,500,000 for the passenger processing initiative,
$972,000 for construction of canopies for inspection of outbound
vehicles along the Southwest border, and $1,000,000 for technology investments related to the Cyber-Smuggling Center;
of which $2,500,000 shall be available to the Office of National
Drug Control Policy, including $1,000,000 for Model State Drug
Law Conferences, and $1,500,000 to expand the Milwaukee,
Wisconsin High Intensity Drug Trafficking Area; and of which
$24,000,000 shall be available for Interagency Crime and Drug
Enforcement;
(2) As authorized by section 32401, $13,000,000 to the
Bureau of Alcohol, Tobacco and Firearms for disbursement
through grants, cooperative agreements, or contracts to local
governments for Gang Resistance Education and Training: Provided, That notwithstanding sections 32401 and 310001, such
funds shall be allocated to State and local law enforcement
and prevention organizations.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES

For necessary expenses of the Federal Law Enforcement Training Center, as a bureau of the Department of the Treasury, including materials and support costs of Federal law enforcement basic
training; purchase (not to exceed 52 for police-type use, without
regard to the general purchase price limitation) and hire of passenger motor vehicles; for expenses for student athletic and related
activities; uniforms without regard to the general purchase price
limitation for the current fiscal year; the conducting of and participating in firearms matches and presentation of awards; for public
awareness and enhancing community support of law enforcement

112 STAT. 2681–483

42 USC 3771
note.

PUBLIC LAW 105–277—OCT. 21, 1998

training; not to exceed $9,500 for official reception and representation expenses; room and board for student interns; and services
as authorized by 5 U.S.C. 3109; $71,923,000, of which up to
$13,843,000 for materials and support costs of Federal law enforcement basic training shall remain available until September 30,
2001: Provided, That the Center is authorized to accept and use
gifts of property, both real and personal, and to accept services,
for authorized purposes, including funding of a gift of intrinsic
value which shall be awarded annually by the Director of the
Center to the outstanding student who graduated from a basic
training program at the Center during the previous fiscal year,
which shall be funded only by gifts received through the Center’s
gift authority: Provided further, That notwithstanding any other
provision of law, students attending training at any Federal Law
Enforcement Training Center site shall reside in on-Center or Center-provided housing, insofar as available and in accordance with
Center policy: Provided further, That funds appropriated in this
account shall be available, at the discretion of the Director, for
the following: training United States Postal Service law enforcement
personnel and Postal police officers; State and local government
law enforcement training on a space-available basis; training of
foreign law enforcement officials on a space-available basis with
reimbursement of actual costs to this appropriation, except that
reimbursement may be waived by the Secretary for law enforcement
training activities in foreign countries undertaken pursuant to section 801 of the Antiterrorism and Effective Death Penalty Act
of 1996, Public Law 104–32; training of private sector security
officials on a space-available basis with reimbursement of actual
costs to this appropriation; and travel expenses of non-Federal
personnel to attend course development meetings and training sponsored by the Center: Provided further, That the Center is authorized
to obligate funds in anticipation of reimbursements from agencies
receiving training sponsored by the Federal Law Enforcement
Training Center, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources available
at the end of the fiscal year: Provided further, That the Federal
Law Enforcement Training Center is authorized to provide training
for the Gang Resistance Education and Training program to Federal
and non-Federal personnel at any facility in partnership with the
Bureau of Alcohol, Tobacco and Firearms: Provided further, That
the Federal Law Enforcement Training Center is authorized to
provide short-term medical services for students undergoing training at the Center.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES

For expansion of the Federal Law Enforcement Training Center,
for acquisition of necessary additional real property and facilities,
and for ongoing maintenance, facility improvements, and related
expenses, $34,760,000, to remain available until expended.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT

For expenses necessary for the detection and investigation of
individuals involved in organized crime drug trafficking, including

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–484

cooperative efforts with State and local law enforcement,
$51,900,000, of which $7,827,000 shall remain available until expended.
FINANCIAL MANAGEMENT SERVICE
SALARIES AND EXPENSES

For necessary expenses of the Financial Management Service,
$196,490,000, of which not to exceed $13,235,000 shall remain
available until September 30, 2001, for information systems modernization initiatives.
FEDERAL FINANCING BANK

For liquidation of certain debts to the United States Treasury
incurred by the Federal Financing Bank pursuant to section 9(b)
of the Federal Financing Bank Act of 1973, $3,317,960,000.
BUREAU

OF

ALCOHOL, TOBACCO

AND

FIREARMS

SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco and
Firearms, including purchase of not to exceed 812 vehicles for
police-type use, of which 650 shall be for replacement only, and
hire of passenger motor vehicles; hire of aircraft; services of expert
witnesses at such rates as may be determined by the Director;
for payment of per diem and/or subsistence allowances to employees
where an assignment to the National Response Team during the
investigation of a bombing or arson incident requires an employee
to work 16 hours or more per day or to remain overnight at
his or her post of duty; not to exceed $15,000 for official reception
and representation expenses; for training of State and local law
enforcement agencies with or without reimbursement, including
training in connection with the training and acquisition of canines
for explosives and fire accelerants detection; and provision of laboratory assistance to State and local agencies, with or without
reimbursement; $541,574,000, of which $2,206,000 shall not be
available for obligation until September 30, 1999; of which
$27,000,000 may be used for the Youth Crime Gun Interdiction
Initiative; of which not to exceed $1,000,000 shall be available
for the payment of attorneys’ fees as provided by 18 U.S.C. 924(d)(2);
and of which $1,000,000 shall be available for the equipping of
any vessel, vehicle, equipment, or aircraft available for official use
by a State or local law enforcement agency if the conveyance will
be used in joint law enforcement operations with the Bureau of
Alcohol, Tobacco and Firearms and for the payment of overtime
salaries, travel, fuel, training, equipment, and other similar costs
of State and local law enforcement personnel, including sworn officers and support personnel, that are incurred in joint operations
with the Bureau of Alcohol, Tobacco and Firearms: Provided, That
no funds made available by this or any other Act may be used
to transfer the functions, missions, or activities of the Bureau
of Alcohol, Tobacco and Firearms to other agencies or Departments
in fiscal year 1999: Provided further, That of the funds made available, $4,500,000 shall be made available for the expansion of the
National Tracing Center: Provided further, That no funds appropriated herein shall be available for salaries or administrative

112 STAT. 2681–485

PUBLIC LAW 105–277—OCT. 21, 1998

expenses in connection with consolidating or centralizing, within
the Department of the Treasury, the records, or any portion thereof,
of acquisition and disposition of firearms maintained by Federal
firearms licensees: Provided further, That no funds appropriated
herein shall be used to pay administrative expenses or the compensation of any officer or employee of the United States to implement an amendment or amendments to 27 CFR 178.118 or to
change the definition of ‘‘Curios or relics’’ in 27 CFR 178.11 or
remove any item from ATF Publication 5300.11 as it existed on
January 1, 1994: Provided further, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under 18 U.S.C.
925(c): Provided further, That such funds shall be available to
investigate and act upon applications filed by corporations for relief
from Federal firearms disabilities under 18 U.S.C. 925(c): Provided
further, That no funds in this Act may be used to provide ballistics
imaging equipment to any State or local authority who 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: Provided
further, That no funds under this Act may be used to electronically
retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by
name or any personal identification code.
UNITED STATES CUSTOMS SERVICE
SALARIES AND EXPENSES

For necessary expenses of the United States Customs Service,
including purchase and lease of up to 1,050 motor vehicles of
which 550 are for replacement only and of which 1,030 are for
police-type use and commercial operations; hire of motor vehicles;
contracting with individuals for personal services abroad; not to
exceed $40,000 for official reception and representation expenses;
and awards of compensation to informers, as authorized by any
Act enforced by the United States Customs Service, $1,642,565,000,
of which such sums as become available in the Customs User
Fee Account, except sums subject to section 13031(f)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)), shall be derived from that Account; of
the total, not to exceed $150,000 shall be available for payment
for rental space in connection with preclearance operations, not
to exceed $4,000,000 shall be available until expended for research,
not to exceed $5,000,000 shall be available until expended for
conducting special operations pursuant to 19 U.S.C. 2081, and
up to $8,000,000 shall be available until expended for the procurement of automation infrastructure items, including hardware, software, and installation: Provided, That uniforms may be purchased
without regard to the general purchase price limitation for the
current fiscal year: Provided further, That of the amount provided,
an additional $2,400,000 shall be made available for staffing and
resources for the child pornography cybers-muggling initiative: Provided further, That $500,000 shall be available to fund the expansion of services at the Vermont World Trade Office: Provided further, That not to exceed $2,500,000 shall be available until expended
for relocation of the Customs Air Branch from Belle Chase to
Hammond, Louisiana: Provided further, That notwithstanding any
other provision of law, the fiscal year aggregate overtime limitation

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–486

prescribed in subsection 5(c)(1) of the Act of February 13, 1911
(19 U.S.C. 261 and 267) shall be $30,000: Provided further, That
of the amount provided, $9,500,000 shall not be available for obligation until September 30, 1999.
OPERATION, MAINTENANCE AND PROCUREMENT, AIR AND MARINE
INTERDICTION PROGRAMS

For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and other
related equipment of the Air and Marine Programs, including operational training and mission-related travel, and rental payments
for facilities occupied by the air or marine interdiction and demand
reduction programs, the operations of which include the following:
the interdiction of narcotics and other goods; the provision of support to Customs and other Federal, State, and local agencies in
the enforcement or administration of laws enforced by the Customs
Service; and, at the discretion of the Commissioner of Customs,
the provision of assistance to Federal, State, and local agencies
in other law enforcement and emergency humanitarian efforts,
$113,688,000, which shall remain available until expended: Provided, That no aircraft or other related equipment, with the exception of aircraft which is one of a kind and has been identified
as excess to Customs requirements and aircraft which has been
damaged beyond repair, shall be transferred to any other Federal
agency, department, or office outside of the Department of the
Treasury, during fiscal year 1999 without the prior approval of
the Committees on Appropriations.
HARBOR MAINTENANCE FEE COLLECTION
(INCLUDING TRANSFER OF FUNDS)

For administrative expenses related to the collection of the
Harbor Maintenance Fee, pursuant to Public Law 103–182,
$3,000,000, to be derived from the Harbor Maintenance Trust Fund
and to be transferred to and merged with the Customs ‘‘Salaries
and Expenses’’ account for such purposes.
BUREAU

OF THE

PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

For necessary expenses connected with any public-debt issues
of the United States, $176,500,000, of which not to exceed $2,500
shall be available for official reception and representation expenses,
and of which not to exceed $2,000,000 shall remain available until
September 30, 2001, for information systems modernization initiatives: Provided, That the sum appropriated herein from the General
Fund for fiscal year 1999 shall be reduced by not more than
$4,400,000 as definitive security issue fees and Treasury Direct
Investor Account Maintenance fees are collected, so as to result
in a final fiscal year 1999 appropriation from the General Fund
estimated at $172,100,000, and in addition, $20,000, to be derived
from the Oil Spill Liability Trust Fund to reimburse the Bureau
for administrative and personnel expenses for financial management of the Fund, as authorized by section 102 of Public Law
101–380: Provided further, That notwithstanding any other provisions of law, effective upon enactment and thereafter, the Bureau

31 USC 306 note.

112 STAT. 2681–487

PUBLIC LAW 105–277—OCT. 21, 1998

of the Public Debt shall be fully and directly reimbursed by the
funds described in section 104 of Public Law 101–136 (103 Stat.
789) for costs and services performed by the Bureau in the administration of such funds.
INTERNAL REVENUE SERVICE
PROCESSING, ASSISTANCE, AND MANAGEMENT

For necessary expenses of the Internal Revenue Service for
tax returns processing; revenue accounting; tax law and account
assistance to taxpayers by telephone and correspondence; programs
to match information returns and tax returns; management services; rent and utilities; and inspection; including purchase (not
to exceed 150 for replacement only for police-type use) and hire
of passenger motor vehicles (31 U.S.C. 1343(b)); and services as
authorized by 5 U.S.C. 3109, at such rates as may be determined
by the Commissioner; $3,086,208,000, of which up to $3,700,000
shall be for the Tax Counseling for the Elderly Program, and
of which not to exceed $25,000 shall be for official reception and
representation expenses: Provided, That of the amount provided,
$105,000,000 shall remain available until expended for postage
and shall not be obligated before September 30, 1999: Provided
further, That, pursuant to 39 U.S.C. 3206(a), funds shall continue
to be provided to the United States Postal Service for postage
due: Provided further, That of the amount provided, $25,000,000
shall not be available for obligation until September 30, 1999.
TAX LAW ENFORCEMENT

For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing litigation support; issuing technical rulings; examining employee plans and
exempt organizations; conducting criminal investigation and
enforcement activities; securing unfiled tax returns; collecting
unpaid accounts; compiling statistics of income and conducting
compliance research; purchase (for police-type use, not to exceed
850) and hire of passenger motor vehicles (31 U.S.C. 1343(b));
and services as authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Commissioner, $3,164,189,000.
EARNED INCOME TAX CREDIT COMPLIANCE INITIATIVE

For funding essential earned income tax credit compliance and
error reduction initiatives pursuant to section 5702 of the Balanced
Budget Act of 1997 (Public Law 105–33), $143,000,000, of which
not to exceed $10,000,000 may be used to reimburse the Social
Security Administration for the costs of implementing section 1090
of the Taxpayer Relief Act of 1997.
INFORMATION SYSTEMS

For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information
systems; the hire of passenger motor vehicles (31 U.S.C. 1343(b));
and services as authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Commissioner, $1,265,456,000, which
shall remain available until September 30, 2000, and of which

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–488

$103,000,000 shall be available only for improvements to customer
service.
INFORMATION TECHNOLOGY INVESTMENTS

For necessary expenses of the Internal Revenue Service,
$211,000,000, to remain available until September 30, 2002, for
the capital asset acquisition of information technology systems,
including management and related contractual costs of such acquisition, and including contractual costs associated with operations
authorized by 5 U.S.C. 3109: Provided, That none of these funds
is available for obligation until September 30, 1999: Provided further, That none of these funds shall be obligated until the Internal
Revenue Service and the Department of the Treasury submit to
Congress for approval, a plan for expenditure that: (1) implements
the Internal Revenue Service’s Modernization Blueprint submitted
to Congress on May 15, 1997; (2) meets the information systems
investment guidelines established by the Office of Management
and Budget and in the fiscal year 1998 budget; (3) is reviewed
and approved by the Office of Management and Budget, the Department of the Treasury’s IRS Management Board, and is reviewed
by the General Accounting Office; (4) meets the requirements of
the May 15, 1997 Internal Revenue Service’s Systems Life Cycle
program; and (5) is in compliance with acquisition rules, requirements, guidelines, and systems acquisition management practices
of the Federal Government.
ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE

SECTION 101. Not to exceed 5 percent of any appropriation
made available in this Act to the Internal Revenue Service may
be transferred to any other Internal Revenue Service appropriation
upon the advance approval of the House and Senate Committees
on Appropriations.
SEC. 102. The Internal Revenue Service shall maintain a training program to ensure that Internal Revenue Service employees
are trained in taxpayers’ rights, in dealing courteously with the
taxpayers, and in cross-cultural relations.
SEC. 103. The funds provided in this Act for the Internal
Revenue Service shall be used to provide, as a minimum, the
fiscal year 1995 level of service, staffing, and funding for Taxpayer
Services.
SEC. 104. None of the funds appropriated by this title shall
be used in connection with the collection of any underpayment
of any tax imposed by the Internal Revenue Code of 1986 unless
the conduct of officers and employees of the Internal Revenue
Service in connection with such collection, including any private
sector employees under contract to the Internal Revenue Service,
complies with subsection (a) of section 805 (relating to communications in connection with debt collection), and section 806 (relating
to harassment or abuse), of the Fair Debt Collection Practices
Act (15 U.S.C. 1692).
SEC. 105. The Internal Revenue Service shall institute and
enforce policies and procedures which will safeguard the confidentiality of taxpayer information.
SEC. 106. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved facilities and increased manpower to provide sufficient and effective

26 USC 7803
note.

26 USC 6103
note.

112 STAT. 2681–489

PUBLIC LAW 105–277—OCT. 21, 1998

1–800 help line for taxpayers. The Commissioner shall continue
to make the improvement of the Internal Revenue Service 1–800
help line service a priority and allocate resources necessary to
increase phone lines and staff to improve the Internal Revenue
Service 1–800 help line service.
SEC. 107. Notwithstanding any other provision of law, no
reorganization of the field office structure of the Internal Revenue
Service Criminal Investigation Division will result in a reduction
of criminal investigators in Wisconsin and South Dakota from the
1996 level.
UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES

For necessary expenses of the United States Secret Service,
including purchase of not to exceed 739 vehicles for police-type
use, of which 675 shall be for replacement only, and hire of passenger motor vehicles; hire of aircraft; training and assistance
requested by State and local governments, which may be provided
without reimbursement; services of expert witnesses at such rates
as may be determined by the Director; rental of buildings in the
District of Columbia, and fencing, lighting, guard booths, and other
facilities on private or other property not in Government ownership
or control, as may be necessary to perform protective functions;
for payment of per diem and/or subsistence allowances to employees
where a protective assignment during the actual day or days of
the visit of a protectee require an employee to work 16 hours
per day or to remain overnight at his or her post of duty; the
conducting of and participating in firearms matches; presentation
of awards; for travel of Secret Service employees on protective
missions without regard to the limitations on such expenditures
in this or any other Act if approval is obtained in advance from
the Committees on Appropriations; for research and development;
for making grants to conduct behavioral research in support of
protective research and operations; not to exceed $20,000 for official
reception and representation expenses; not to exceed $50,000 to
provide technical assistance and equipment to foreign law enforcement organizations in counterfeit investigations; for payment in
advance for commercial accommodations as may be necessary to
perform protective functions; and for uniforms without regard to
the general purchase price limitation for the current fiscal year,
$600,302,000: Provided, That $18,000,000 provided for protective
travel shall remain available until September 30, 2000; Provided
further, That of the amount provided, $5,000,000 shall not be available for obligation until September 30, 1999.
ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND RELATED
EXPENSES

For necessary expenses of construction, repair, alteration, and
improvement of facilities, $8,068,000, to remain available until
expended.
GENERAL PROVISIONS—DEPARTMENT

OF THE

TREASURY

SEC. 110. Any obligation or expenditure by the Secretary of
the Treasury in connection with law enforcement activities of a

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–490

Federal agency or a Department of the Treasury law enforcement
organization in accordance with 31 U.S.C. 9703(g)(4)(B) from unobligated balances remaining in the Fund on September 30, 1999,
shall be made in compliance with reprogramming guidelines.
SEC. 111. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning; purchase of insurance for official motor
vehicles operated in foreign countries; purchase of motor vehicles
without regard to the general purchase price limitations for vehicles
purchased and used overseas for the current fiscal year; entering
into contracts with the Department of State for the furnishing
of health and medical services to employees and their dependents
serving in foreign countries; and services authorized by 5 U.S.C.
3109.
SEC. 112. The funds provided to the Bureau of Alcohol, Tobacco
and Firearms for fiscal year 1999 in this Act for the enforcement
of the Federal Alcohol Administration Act shall be expended in
a manner so as not to diminish enforcement efforts with respect
to section 105 of the Federal Alcohol Administration Act.
SEC. 113. Not to exceed 2 percent of any appropriations in
this Act made available to the Federal Law Enforcement Training
Center, Financial Crimes Enforcement Network, Bureau of Alcohol,
Tobacco and Firearms, United States Customs Service, and United
States Secret Service may be transferred between such appropriations upon the advance approval of the Committees on Appropriations. No transfer may increase or decrease any such appropriation
by more than 2 percent.
SEC. 114. Not to exceed 2 percent of any appropriations in
this Act made available to the Departmental Offices, Office of
Inspector General, Financial Management Service, and Bureau of
the Public Debt, may be transferred between such appropriations
upon the advance approval of the Committees on Appropriations.
No transfer may increase or decrease any such appropriation by
more than 2 percent.
SEC. 115. Section 921(a) of title 18, United States Code, is
amended—
(1) in paragraph (5), by striking ‘‘the explosive in a fixed
shotgun shell’’ and inserting ‘‘an explosive’’;
(2) in paragraph (7), by striking ‘‘the explosive in a fixed
metallic cartridge’’ and inserting ‘‘an explosive’’; and
(3) by striking paragraph (16) and inserting the following:
‘‘(16) The term ‘antique firearm’ means—
‘‘(A) any firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition system)
manufactured in or before 1898; or
‘‘(B) any replica of any firearm described in subparagraph
(A) if such replica—
‘‘(i) is not designed or redesigned for using rimfire
or conventional centerfire fixed ammunition, or
‘‘(ii) uses rimfire or conventional centerfire fixed
ammunition which is no longer manufactured in the United
States and which is not readily available in the ordinary
channels of commercial trade; or
‘‘(C) any muzzle loading rifle, muzzle loading shotgun, or
muzzle loading pistol, which is designed to use black powder,
or a black powder substitute, and which cannot use fixed

112 STAT. 2681–491

28 USC 1610
note.

PUBLIC LAW 105–277—OCT. 21, 1998

ammunition. For purposes of this subparagraph, the term
‘antique firearm’ shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading
weapon which can be readily converted to fire fixed ammunition
by replacing the barrel, bolt, breechblock, or any combination
thereof.’’.
SEC. 116. Of the funds available for the purchase of law enforcement vehicles, no funds may be obligated until the Secretary of
the Treasury certifies that the purchase by the respective Treasury
bureau is consistent with the vehicle management principles: Provided, That the Secretary may delegate this authority to the Assistant Secretary for Management.
SEC. 117. EXCEPTION TO IMMUNITY FROM ATTACHMENT OR
EXECUTION. (a) Section 1610 of title 28, United States Code, is
amended by adding at the end the following new subsection:
‘‘(f)(1)(A) Notwithstanding any other provision of law, including
but not limited to section 208(f) of the Foreign Missions Act (22
U.S.C. 4308(f)), and except as provided in subparagraph (B), any
property with respect to which financial transactions are prohibited
or regulated pursuant to section 5(b) of the Trading with the Enemy
Act (50 U.S.C. App. 5(b)), section 620(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2370(a)), sections 202 and 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701–1702),
or any other proclamation, order, regulation, or license issued pursuant thereto, shall be subject to execution or attachment in aid
of execution of any judgment relating to a claim for which a foreign
state (including any agency or instrumentality or such state) claiming such property is not immune under section 1605(a)(7).
‘‘(B) Subparagraph (A) shall not apply if, at the time the property is expropriated or seized by the foreign state, the property
has been held in title by a natural person or, if held in trust,
has been held for the benefit of a natural person or persons.
‘‘(2)(A) At the request of any party in whose favor a judgment
has been issued with respect to a claim for which the foreign
state is not immune under section 1605(a)(7), the Secretary of
the Treasury and the Secretary of State shall fully, promptly, and
effectively assist any judgment creditor or any court that has issued
any such judgment in identifying, locating, and executing against
the property of that foreign state or any agency or instrumentality
of such state.
‘‘(B) In providing such assistance, the Secretaries—
‘‘(i) may provide such information to the court under seal;
and
‘‘(ii) shall provide the information in a manner sufficient
to allow the court to direct the United States Marshall’s office
to promptly and effectively execute against that property.’’.
(b) CONFORMING AMENDMENT.—Section 1606 of title 28, United
States Code, is amended by inserting after ‘‘punitive damages’’
the following: ‘‘, except any action under section 1605(a)(7) or
1610(f)’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall apply to any claim for which a foreign state
is not immune under section 1605(a)(7) of title 28, United States
Code, arising before, on, or after the date of enactment of this
Act.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–492

(d) WAIVER.—The President may waive the requirements of
this section in the interest of national security.
This title may be cited as the ‘‘Treasury Department Appropriations Act, 1999’’.
TITLE II—POSTAL SERVICE
PAYMENTS

TO THE

POSTAL SERVICE FUND

For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code, $71,195,000,
which shall remain available until September 30, 2000: Provided,
That none of the funds provided shall be available for obligation
until October 1, 1999: Provided further, That mail for overseas
voting and mail for the blind shall continue to be free: Provided
further, That 6-day delivery and rural delivery of mail shall continue
at not less than the 1983 level: Provided further, That none of
the funds made available to the Postal Service by this Act shall
be used to implement any rule, regulation, or policy of charging
any officer or employee of any State or local child support enforcement agency, or any individual participating in a State or local
program of child support enforcement, a fee for information
requested or provided concerning an address of a postal customer:
Provided further, That none of the funds provided in this Act
shall be used to consolidate or close small rural and other small
post offices in the fiscal year ending on September 30, 1999.
This title may be cited as the ‘‘Postal Service Appropriations
Act, 1999’’.
TITLE III—EXECUTIVE OFFICE OF THE PRESIDENT AND
FUNDS APPROPRIATED TO THE PRESIDENT
COMPENSATION

OF THE

PRESIDENT

AND THE

28 USC 1610
note.

Postal Service
Appropriations
Act, 1999.

39 USC 403 note.

Executive Office
Appropriations
Act, 1999.

WHITE HOUSE OFFICE

COMPENSATION OF THE PRESIDENT

For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C.
102, $250,000: Provided, That none of the funds made available
for official expenses shall be expended for any other purpose and
any unused amount shall revert to the Treasury pursuant to section
1552 of title 31, United States Code: Provided further, That none
of the funds made available for official expenses shall be considered
as taxable to the President.
SALARIES AND EXPENSES

For necessary expenses for the White House as authorized
by law, including not to exceed $3,850,000 for services as authorized
by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted
for as provided in that section; hire of passenger motor vehicles,
newspapers, periodicals, teletype news service, and travel (not to
exceed $100,000 to be expended and accounted for as provided
by 3 U.S.C. 103); and not to exceed $19,000 for official entertainment expenses, to be available for allocation within the Executive
Office of the President, $52,344,000: Provided, That $10,100,000

3 USC 102 note.

112 STAT. 2681–493

PUBLIC LAW 105–277—OCT. 21, 1998

of the funds appropriated shall be available for reimbursements
to the White House Communications Agency.
EXECUTIVE RESIDENCE

AT THE

WHITE HOUSE

OPERATING EXPENSES

For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $8,061,000, to be expended
and accounted for as provided by 3 U.S.C. 105, 109, 110, and
112–114: Provided, That such amount shall not be available for
expenses for domestic staff overtime.
In addition, for necessary expenses for domestic staff overtime,
$630,000: Provided, That such amount shall not become available
for obligation until the Comptroller General of the United States
notifies the Committees on Appropriations that (1) the Executive
Office of the President has received, reviewed, and commented
on the draft report of the General Accounting Office with respect
to its audit of the Executive Residence at the White House; and
(2) the General Accounting Office has received the comments of
the Executive Office of the President.
REIMBURSABLE EXPENSES

For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this paragraph:
Provided further, That, notwithstanding any other provision of law,
such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and
to receive offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person sponsoring
a reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance payments
shall be credited to this account and remain available until
expended: Provided further, That the Executive Residence shall
require the national committee of the political party of the President
to maintain on deposit $25,000, to be separately accounted for
and available for expenses relating to reimbursable political events
sponsored by such committee during such fiscal year: Provided
further, That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating expense
under this paragraph is submitted to the person owing such amount
within 60 days after such expense is incurred, and that such amount
is collected within 30 days after the submission of such notice:
Provided further, That the Executive Residence shall charge interest
and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding debt
on a United States Government claim under section 3717 of title
31, United States Code: Provided further, That each such amount
that is reimbursed, and any accompanying interest and charges,
shall be deposited in the Treasury as miscellaneous receipts: Provided further, That the Executive Residence shall prepare and
submit to the Committees on Appropriations, by not later than

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–494

90 days after the end of the fiscal year covered by this Act, a
report setting forth the reimbursable operating expenses of the
Executive Residence during the preceding fiscal year, including
the total amount of such expenses, the amount of such total that
consists of reimbursable official and ceremonial events, the amount
of such total that consists of reimbursable political events, and
the portion of each such amount that has been reimbursed as
of the date of the report: Provided further, That the Executive
Residence shall maintain a system for the tracking of expenses
related to reimbursable events within the Executive Residence that
includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II of
chapter 37 of title 31, United States Code.
SPECIAL ASSISTANCE TO THE PRESIDENT AND THE OFFICIAL
RESIDENCE OF THE VICE PRESIDENT
SALARIES AND EXPENSES

For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
106, including subsistence expenses as authorized by 3 U.S.C. 106,
which shall be expended and accounted for as provided in that
section; and hire of passenger motor vehicles, $3,512,000.
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For the care, operation, refurnishing, improvement, heating,
and lighting, including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor vehicles;
and not to exceed $90,000 for official entertainment expenses of
the Vice President, to be accounted for solely on his certificate,
$334,000: Provided, That advances or repayments or transfers from
this appropriation may be made to any department or agency for
expenses of carrying out such activities.
COUNCIL

OF

ECONOMIC ADVISERS

SALARIES AND EXPENSES

For necessary expenses of the Council in carrying out its functions under the Employment Act of 1946 (15 U.S.C. 1021),
$3,666,000.
OFFICE

OF

POLICY DEVELOPMENT

SALARIES AND EXPENSES

For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, $4,032,000.

112 STAT. 2681–495

PUBLIC LAW 105–277—OCT. 21, 1998
NATIONAL SECURITY COUNCIL
SALARIES AND EXPENSES

For necessary expenses of the National Security Council, including services as authorized by 5 U.S.C. 3109, $6,806,000.
OFFICE

OF

ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Administration, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
and hire of passenger motor vehicles, $28,350,000.
OFFICE

OF

MANAGEMENT

AND

BUDGET

SALARIES AND EXPENSES

For necessary expenses of the Office of Management and Budget
(OMB), including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109, $60,617,000, of which not to exceed
$5,000,000 shall be available to carry out the provisions of chapter
35 of title 44, United States Code: Provided, That, as provided
in 31 U.S.C. 1301(a), appropriations shall be applied only to the
objects for which appropriations were made except as otherwise
provided by law: Provided further, That none of the funds appropriated in this Act for the Office of Management and Budget may
be used for the purpose of reviewing any agricultural marketing
orders or any activities or regulations under the provisions of the
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made available
for the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual testimony
of witnesses, except for testimony of officials of the Office of Management and Budget, before the Committees on Appropriations or
the Committees on Veterans’ Affairs or their subcommittees: Provided further, That the preceding shall not apply to printed hearings
released by the Committees on Appropriations or the Committees
on Veterans’ Affairs: Provided further, That the Director of OMB
amends Section
.36 of OMB Circular A–110 to require Federal
awarding agencies to ensure that all data produced under an award
will be made available to the public through the procedures established under the Freedom of Information Act: Provided further,
That if the agency obtaining the data does so solely at the request
of a private party, the agency may authorize a reasonable user
fee equaling the incremental cost of obtaining the data: Provided
further, That OMB is directed to submit a report by March 31,
1999, to the Committees on Appropriations, the Senate Committee
on Governmental Affairs, and the House Committee on Government
Reform and Oversight that: (1) identifies specific paperwork reduction accomplishments expected, constituting annual five percent
reductions in paperwork expected in fiscal year 1999 and fiscal
year 2000; and (2) issues guidance on the requirements of 5 U.S.C.
Sec. 801(a)(1) and (3); sections 804(3), and 808(2), including a standard new rule reporting form for use under section 801(a)(1)(A)–
(B).

l

PUBLIC LAW 105–277—OCT. 21, 1998
OFFICE

OF

112 STAT. 2681–496

NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to title I of Public Law
100–690; not to exceed $8,000 for official reception and representation expenses; and for participation in joint projects or in the
provision of services on matters of mutual interest with nonprofit,
research, or public organizations or agencies, with or without
reimbursement; $48,042,000, of which $30,100,000 shall remain
available until expended, consisting of $1,100,000 for policy research
and evaluation, and $16,000,000 for the Counterdrug Technology
Assessment Center for counternarcotics research and development
projects, and $13,000,000 for the continued operation of the technology transfer program: Provided, That the $16,000,000 for the
Counterdrug Technology Assessment Center shall be available for
transfer to other Federal departments or agencies: Provided further,
That the Office is authorized to accept, hold, administer, and utilize
gifts, both real and personal, public and private, without fiscal
year limitation, for the purpose of aiding or facilitating the work
of the Office.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of National Drug Control
Policy’s High Intensity Drug Trafficking Areas Program,
$182,477,000 for drug control activities consistent with the approved
strategy for each of the designated High Intensity Drug Trafficking
Areas, of which no less than 51 percent shall be transferred to
State and local entities for drug control activities, which shall
be obligated within 120 days of the date of enactment of this
Act: Provided, That funding shall be provided for existing High
Intensity Drug Trafficking Areas at no less than the total fiscal
year 1998 level consisting of funding from this account as well
as the Violent Crime Reduction Trust Fund.
SPECIAL FORFEITURE FUND
(INCLUDING TRANSFER OF FUNDS)

For activities to support a national anti-drug campaign for
youth, and other purposes, authorized by Public Law 100–690,
as amended, $214,500,000, to remain available until expended:
Provided, That such funds may be transferred to other Federal
departments and agencies to carry out such activities: Provided
further, That of the funds provided, $185,000,000 shall be to support
a national media campaign to reduce and prevent drug use among
young Americans: Provided further, That none of the funds provided
for the support of a national media campaign may be obligated
for the following purposes: to supplant current anti-drug community
based coalitions; to supplant current pro bono public service time
donated by national and local broadcasting networks; for partisan

21 USC 1702
note.

112 STAT. 2681–497

PUBLIC LAW 105–277—OCT. 21, 1998

political purposes; or to fund media campaigns that feature any
elected officials, persons seeking elected office, cabinet-level officials,
or other Federal officials employed pursuant to Schedule C of title
5, Code of Federal Regulations, section 213, absent advance notice
to the Committees on Appropriations and the Senate Judiciary
Committee: Provided further, That (1) ONDCP will require a pro
bono match commitment up-front as part of its media buy from
each and every seller of ad time and space, (2) ONDCP, or any
agent acting on its behalf, may not obligate any funds for the
creative development of advertisements from for-profit organizations, not including out-of-pocket production costs and talent reuse payments, unless (A) the advertisements are intended to reach
a minority, ethnic or other special audience that cannot be obtained
on a pro bono basis within the time frames required by ONDCP’s
advertising and buying agencies, and (B) ONDCP receives prior
approval from the Committees on Appropriations, (3) ONDCP will
submit within three months of enactment of this Act an implementation plan to the Committees on Appropriations to secure corporate
sponsorship equaling 40 percent of the appropriated amount in
fiscal year 1999, the definition of which is a contribution that
is not received as a result of leveraging funds to receive said
sponsorship, corporate sponsorship equaling 60 percent of the appropriated amount in fiscal year 2000, corporate sponsorship equaling
80 percent of the appropriated amount in fiscal year 2001, corporate
sponsorship equaling 100 percent of the appropriated amount in
fiscal year 2002, (4) the funds provided for the support of a national
media campaign may be used to fund the purchase of media time
and space, talent re-use payments, out-of-pocket advertising production costs, testing and evaluation of advertising, evaluation of the
effectiveness of the media campaign, the negotiated fees for the
winning bidder on the request for proposal recently issued by
ONDCP, partnership with community, civic, and professional
groups, and government organizations related to the media campaign, entertainment industry collaborations to fashion anti-drug
messages in movies, television programming, and popular music,
interactive (Internet and new) media projects/activities, public information (News Media Outreach), and corporate sponsorship/participation, (5) ONDCP shall not obligate funds provided for the national
media campaign for fiscal year 1999 until ONDCP has submitted
the evaluation and results of Phase I of the campaign to the
Committees on Appropriations, and may obligate not more than
75 percent of these funds until ONDCP has submitted the evaluation and results of Phase II of the campaign to the Committees
on Appropriations, and (6) ONDCP is required to report to the
Committees on Appropriations not only quarterly, but also to provide monthly itemized reports of all expenditures and obligations
relating to the media campaign as well as the specific parameters
of the national media campaign, and shall report to Congress within
one year on the effectiveness of the national media campaign based
upon the measurable outcomes provided to Congress previously:
Provided further, That of the funds provided, $4,500,000 shall be
available for transfer to the Agricultural Research Service for antidrug research and related matters: Provided further, That of the
funds provided, $20,000,000 shall be to continue a program of
matching grants to drug-free communities, as authorized in the
Drug-Free Communities Act of 1997: Provided further, That of

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–498

the funds provided, $5,000,000 shall be available for the chronic
users study.
UNANTICIPATED NEEDS
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the
current fiscal year, $1,000,000.
This title may be cited as the ‘‘Executive Office Appropriations
Act, 1999’’.
TITLE IV—INDEPENDENT AGENCIES
COMMITTEE

FOR

PURCHASE FROM PEOPLE WHO ARE BLIND
SEVERELY DISABLED

OR

SALARIES AND EXPENSES

For necessary expenses of the Committee for Purchase From
People Who Are Blind or Severely Disabled established by the
Act of June 23, 1971, Public Law 92–28, $2,464,000.
FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, as amended, $36,500,000,
of which no less than $4,402,500 shall be available for internal
automated data processing systems, and of which not to exceed
$5,000 shall be available for reception and representation expenses:
Provided, That of the amounts appropriated for salaries and
expenses, $1,120,000 may not be obligated until the Federal Election
Commission submits a plan for approval to the House Committee
on Appropriations for the expenditure of such funds.
FEDERAL LABOR RELATIONS AUTHORITY
SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal
Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including
services authorized by 5 U.S.C. 3109, including hire of experts
and consultants, hire of passenger motor vehicles, and rental of
conference rooms in the District of Columbia and elsewhere,
$22,586,000: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in
lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons
employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C. 3302, funds received from fees charged to nonFederal participants at labor-management relations conferences
shall be credited to and merged with this account, to be available
without further appropriation for the costs of carrying out these
conferences.

Independent
Agencies
Appropriations
Act, 1999.

112 STAT. 2681–499

PUBLIC LAW 105–277—OCT. 21, 1998
GENERAL SERVICES ADMINISTRATION
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFER OF FUNDS)

For additional expenses necessary to carry out the purpose
of the Fund established pursuant to section 210(f) of the Federal
Property and Administrative Services Act of 1949, as amended
(40 U.S.C. 490(f)), $450,018,000 to be deposited into the Fund.
The revenues and collections deposited into the Fund shall be
available for necessary expenses of real property management and
related activities not otherwise provided for, including operation,
maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including space
adjustments and telecommunications relocation expenses) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings, and moving;
repair and alteration of federally owned buildings including
grounds, approaches and appurtenances; care and safeguarding of
sites; maintenance, preservation, demolition, and equipment;
acquisition of buildings and sites by purchase, condemnation, or
as otherwise authorized by law; acquisition of options to purchase
buildings and sites; conversion and extension of federally owned
buildings; preliminary planning and design of projects by contract
or otherwise; construction of new buildings (including equipment
for such buildings); and payment of principal, interest, and any
other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of
$5,605,018,000, of which: (1) $492,190,000 shall remain available
until expended for construction of additional projects at locations
and at maximum construction improvement costs (including funds
for sites and expenses and associated design and construction services) as follows:
New construction:
Arkansas:
Little Rock, U.S. courthouse, $3,436,000
California:
San Diego, U.S. courthouse, $15,400,000
San Jose, U.S. courthouse, $10,800,000
Colorado:
Denver, U.S. courthouse, $83,959,000
District of Columbia:
Southeast
Federal
Center
remediation,
$10,000,000
Florida:
Jacksonville, U.S. courthouse, $86,010,000
Orlando, U.S. courthouse, $1,930,000
Massachusetts:
Springfield, U.S. courthouse, $5,563,000
Michigan:
Sault Sainte Marie, border station, $572,000
Mississippi:
Biloxi-Gulfport, U.S. courthouse, $7,543,000
Missouri:

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–500

Cape Girardeau, U.S. courthouse, $2,196,000
Montana:
Babb, Piegan border station, $6,165,000
New York:
Brooklyn, U.S. courthouse, $152,626,000
New York, U.S. Mission to the United Nations,
$3,163,000
Oregon:
Eugene, U.S. courthouse, $7,190,000
Tennessee:
Greenville, U.S. courthouse, $28,229,000
Texas:
Laredo, U.S. courthouse, $28,105,000
West Virginia:
Wheeling, U.S. courthouse, $29,303,000
Nationwide:
Non-prospectus, $10,000,000:
Provided, That each of the immediately foregoing limits of costs
on new construction projects may be exceeded to the extent that
savings are effected in other such projects, but not to exceed 10
percent unless advance approval is obtained from the Committees
on Appropriations of a greater amount: Provided further, That
notwithstanding any other provision of law in order to rescind
a General Services Administration property sale, the General Services Administration is authorized to re-acquire that parcel of land
on Block 111, East Denver, Denver, Colorado, which was sold at
public auction by the Federal government to its present owner
pursuant to paragraphs (6) and (7) of section 12 of Public Law
94–204 (43 U.S.C. 1611 note) at a price equivalent to the 1988
auction sale price plus the amount of cumulative consumer price
index, pursuant to the methodology as used in Public Law 104–
42, Sec. 107(a), from the closing date of the sale until the date
of re-acquisition by the Federal government, offset by any net
income received from the property by the present owner since
the 1988 sale: Provided further, That the funds provided in Public
Law 102–393 for Hilo, Hawaii, shall be expended for the planning
and design of the Mauna Kea Astronomy Educational Center, notwithstanding Public Law 103–123, and of the funds provided not
more than $475,000 is to be disbursed in this fiscal year: Provided
further, That all funds for direct construction projects shall expire
on September 30, 2000, and remain in the Federal Buildings Fund
except for funds for projects as to which funds for design or other
funds have been obligated in whole or in part prior to such date:
Provided further, That of the funds provided for non-prospectus
construction projects, $2,100,000 shall be available until expended
for acquisition, lease, construction, and equipping of flexiplace telecommuting centers: Provided further, That from the funds made
available under this heading in this or prior Acts of Congress,
the Administrator of General Services may purchase at a price
he determines appropriate, notwithstanding any other provision
of law, property adjacent to the new courthouse currently under
construction in Scranton, Pennsylvania; (2) $668,031,000 shall remain available until expended, for repairs and alterations which
includes associated design and construction services: Provided further, That of the amount provided, $161,500,000 shall not be available for obligation until September 30, 1999: Provided further,
That funds in the Federal Buildings Fund for Repairs and

112 STAT. 2681–501

PUBLIC LAW 105–277—OCT. 21, 1998

Alterations shall, for prospectus projects, be limited to the amount
by project as follows, except each project may be increased by
an amount not to exceed 10 percent unless advance approval is
obtained from the Committees on Appropriations of a greater
amount:
Repairs and alterations:
California:
San Francisco, Appraisers Building, $29,778,000
Colorado:
Lakewood, Denver Federal Center, Building 25,
$29,351,000
District of Columbia:
Federal Office Building, 10B, $13,844,000
Interstate Commerce Commission, Connecting Wing
Complex, Customs Building, Phase 3/3, $83,959,000
Old Executive Office Building, $25,210,000
Department of State, Phase 1, $29,779,000
New York:
Brookhaven, Internal Revenue Service, Service Center,
$20,019,000
New York, U.S. Courthouse, 40 Foley Square,
$4,782,000
Pennsylvania:
Philadelphia, Byrne-Green, Federal Building-U.S.
Courthouse, $11,212,000
Virginia:
Reston, J.W. Powell Building, $9,151,000
Nationwide:
Chlorofluorocarbons Program, $25,000,000
Energy Program, $25,000,000
Design Program, $16,710,000
Basic Repairs and Alteration, $344,236,000:
Provided further, That additional projects for which prospectuses
have been fully approved may be funded under this category only
if advance approval is obtained from the Committees on Appropriations: Provided further, That the amounts provided in this or any
prior Act for ‘‘Repairs and Alterations’’ may be used to fund costs
associated with implementing security improvements to buildings
necessary to meet the minimum standards for security in accordance
with current law and in compliance with the reprogramming guidelines of the appropriate Committees of the House and Senate:
Provided further, That the difference between the funds appropriated and expended on any projects in this or any prior Act,
under the heading ‘‘Repairs and Alterations’’, may be transferred
to Basic Repairs and Alterations or used to fund authorized
increases in prospectus projects: Provided further, That all funds
for repairs and alterations prospectus projects shall expire on
September 30, 2000, and remain in the Federal Buildings Fund
except funds for projects as to which funds for design or other
funds have been obligated in whole or in part prior to such date:
Provided further, That of the amount provided, $100,000 shall be
used to address the lighting issues at the Byrne-Green Federal
Courthouse in Philadelphia, Pennsylvania: Provided further, That
of the amount provided in this or any prior Act for Basic Repairs
and Alterations, $1,600,000 shall be provided to complete the alterations required at the Milwaukee, Wisconsin Courthouse: Provided
further, That of the amount provided in this or any prior Act
for Basic Repairs and Alterations, $1,100,000 may be used to

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–502

provide a new fence surrounding the Suitland Federal Complex
in Suitland, Maryland: Provided further, That $5,700,000 of the
funds provided under this heading in Public Law 103–329 for the
Holtsville, New York, IRS Service Center shall remain available
until September 30, 1999: Provided further, That the amount provided in this or any prior Act for Basic Repairs and Alterations
may be used to pay claims against the Government arising from
any projects under the heading ‘‘Repairs and Alterations’’ or used
to fund authorized increases in prospectus projects; (3) $215,764,000
for installment acquisition payments including payments on purchase contracts which shall remain available until expended; (4)
$2,583,261,000 for rental of space which shall remain available
until expended: Provided further, That of the amount provided,
$15,000,000 shall not be available for obligation until September
30, 1999; and (5) $1,554,772,000 for building operations which
shall remain available until expended: Provided further, That of
the amount provided $68,000,000 shall not be available for obligation until September 30, 1999: Provided further, That funds available to the General Services Administration shall not be available
for expenses of any construction, repair, alteration and acquisition
project for which a prospectus, if required by the Public Buildings
Act of 1959, as amended, has not been approved, except that necessary funds may be expended for each project for required expenses
for the development of a proposed prospectus: Provided further,
That for the purposes of this authorization, and hereafter, buildings
constructed pursuant to the purchase contract authority of the
Public Buildings Amendments of 1972 (40 U.S.C. 602a), buildings
occupied pursuant to installment purchase contracts, and buildings
under the control of another department or agency where alterations
of such buildings are required in connection with the moving of
such other department or agency from buildings then, or thereafter
to be, under the control of the General Services Administration
shall be considered to be federally owned buildings: Provided further, That funds available in the Federal Buildings Fund may
be expended for emergency repairs when advance approval is
obtained from the Committees on Appropriations: Provided further,
That amounts necessary to provide reimbursable special services
to other agencies under section 210(f)(6) of the Federal Property
and Administrative Services Act of 1949, as amended (40 U.S.C.
490(f)(6)) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property
not in Government ownership or control as may be appropriate
to enable the United States Secret Service to perform its protective
functions pursuant to 18 U.S.C. 3056, shall be available from such
revenues and collections: Provided further, That the remaining balances and associated assets and liabilities of the Pennsylvania
Avenue Activities account are hereby transferred to the Federal
Buildings Fund to be effective October 1, 1998, and that all income
earned after that effective date that would otherwise have been
deposited to the Pennsylvania Avenue Activities account shall thereafter be deposited to the Federal Buildings Fund, to be available
for the purposes authorized by Public Laws 104–134 and 104–
208, notwithstanding subsection 210(f)(2) of the Federal Property
and Administrative Services Act, as amended: Provided further,
That of the amount provided, $475,000 shall be made available
for the 1999 Women’s World Cup Soccer event: Provided further,
That of the amount provided, $600,000 shall be made available

40 USC 490i.

40 USC 872 note.

112 STAT. 2681–503

PUBLIC LAW 105–277—OCT. 21, 1998

for the 1999 World Alpine Ski Championships: Provided further,
That revenues and collections and any other sums accruing to
this Fund during fiscal year 1999, excluding reimbursements under
section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)(6)) in excess of $5,605,018,000
shall remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts.
POLICY AND OPERATIONS

For expenses authorized by law, not otherwise provided for,
for Government-wide policy and oversight activities associated with
asset management activities; utilization and donation of surplus
personal property; transportation; procurement and supply; Government-wide and internal responsibilities relating to automated data
management, telecommunications, information resources management, and related technology activities; utilization survey, deed
compliance inspection, appraisal, environmental and cultural analysis, and land use planning functions pertaining to excess and surplus real property; agency-wide policy direction; Board of Contract
Appeals; accounting, records management, and other support services incident to adjudication of Indian Tribal Claims by the United
States Court of Federal Claims; services as authorized by 5 U.S.C.
3109; and not to exceed $5,000 for official reception and representation expenses; $109,594,000: Provided, That none of the funds
appropriated from this Act shall be available to convert the Old
Post Office at 1100 Pennsylvania Avenue in Northwest Washington,
D.C., from office use to any other use until a comprehensive plan,
which shall include street-level retail use, has been approved by
the Senate Committee on Appropriations, the House Committee
on Transportation and Infrastructure, and the Senate Committee
on Environment and Public Works: Provided further, That no funds
from this Act shall be available to acquire by purchase, condemnation, or otherwise the leasehold rights of the existing lease with
private parties at the Old Post Office prior to the approval of
the comprehensive plan by the Senate Committee on Appropriations, the House Committee on Transportation and Infrastructure,
and the Senate Committee on Environment and Public Works:
Provided further, That $100,000 is provided to the property disposal
activity for the Racine, Wisconsin, property transfer identified in
General Services Administration General Provision section 409.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $32,000,000: Provided, That
not to exceed $10,000 shall be available for payment for information
and detection of fraud against the Government, including payment
for recovery of stolen Government property: Provided further, That
not to exceed $2,500 shall be available for awards to employees
of other Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of Inspector
General effectiveness.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–504

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
(INCLUDING TRANSFER OF FUNDS)

For carrying out the provisions of the Act of August 25, 1958,
as amended (3 U.S.C. 102 note), and Public Law 95–138, $2,241,000:
Provided, That the Administrator of General Services shall transfer
to the Secretary of the Treasury such sums as may be necessary
to carry out the provisions of such Acts.
GENERAL PROVISIONS—GENERAL SERVICES ADMINISTRATION

SEC. 401. The appropriate appropriation or fund available to
the General Services Administration shall be credited with the
cost of operation, protection, maintenance, upkeep, repair, and
improvement, included as part of rentals received from Government
corporations pursuant to law (40 U.S.C. 129).
SEC. 402. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.
SEC. 403. Funds in the Federal Buildings Fund made available
for fiscal year 1999 for Federal Buildings Fund activities may
be transferred between such activities only to the extent necessary
to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations.
SEC. 404. No funds made available by this Act shall be used
to transmit a fiscal year 2000 request for United States Courthouse
construction that: (1) does not meet the design guide standards
for construction as established and approved by the General Services Administration, the Judicial Conference of the United States,
and the Office of Management and Budget; and (2) does not reflect
the priorities of the Judicial Conference of the United States as
set out in its approved 5-year construction plan: Provided, That
the fiscal year 2000 request must be accompanied by a standardized
courtroom utilization study of each facility to be constructed, replaced, or expanded.
SEC. 405. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency
which does not pay the rate per square foot assessment for space
and services as determined by the General Services Administration
in compliance with the Public Buildings Amendments Act of 1972
(Public Law 92–313).
SEC. 406. Funds provided to other Government agencies by
the Information Technology Fund, General Services Administration,
under 40 U.S.C. 757 and sections 5124(b) and 5128 of Public Law
104–106, Information Technology Management Reform Act of 1996,
for performance of pilot information technology projects which have
potential for Government-wide benefits and savings, may be repaid
to this Fund from any savings actually incurred by these projects
or other funding, to the extent feasible.
SEC. 407. From funds made available under the heading ‘‘Federal Buildings Fund Limitations on Revenue’’, claims against the
Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to
the Committees on Appropriations.

112 STAT. 2681–505

PUBLIC LAW 105–277—OCT. 21, 1998

SEC. 408. From the funds made available under the heading
‘‘Federal Buildings Fund Limitations on Revenue’’, in addition to
amounts provided in budget activities above, up to $5,000,000 shall
be available for the demolition, cleanup and conveyance of the
property at block 35 and lot 2 of block 36 in Anchorage, Alaska:
Provided, That notwithstanding any other provision of law, the
Administrator of General Services shall, not later than 18 months
after the date of enactment of this Act, demolish and remove all
buildings, structures and other fixtures on the property at block
35 and lot 2 of block 36, Anchorage Original Townsite East Addition,
Anchorage, Alaska, excluding any portion dedicated for use by
the Centers for Disease Control and Prevention: Provided further,
That the remediation of said parcel shall include the removal of
all asbestos, lead and any other contamination, and restoration
of the property, to the extent practicable, to an undeveloped condition: Provided further, That upon completion of the activities
required for the demolition and removal of buildings, and notwithstanding any other provision of law, the Administrator of General
Services shall convey to the municipality of Anchorage, without
reimbursement, all right, title, and interest of the United States
to the property.
SEC. 409. The Administrator of General Services may convey
to the City of Racine, Wisconsin, all right, title, and interest of
the United States in and to a parcel of excess real property, including improvements thereon, that is located on 2310 Center Street,
commencing at the intersection of the North line of 24th Street
and the center line of Center Street, being the point of the beginning; thence Northerly along the center line of Center Street, 426
feet to the South line of 23rd Street extended East; thence Westerly
along the South line of 23rd Street extended East; 325 feet to
the West line of Franklin Street extended South; thence southerly
along the West line of Franklin Street extended South to a point
on the North line of 24th Street; thence Easterly along the North
line of 24th Street to the point of beginning located in Racine,
Wisconsin, and which contains the U.S. Army Reserve Center.
SEC. 410. DEPARTMENT OF TRANSPORTATION HEADQUARTERS.
(a) IN GENERAL.—The Administrator of General Services shall—
(1) enter into an operating lease to acquire space for the
Department of Transportation headquarters; and
(2) commence procurement of the lease not later than
November 1, 1998:
Provided, That the annual rent payment does not exceed
$55,000,000.
(b) TERMS.—The authority granted in subsection (a) is effective
only to the extent that the lease acquisition meets the guidelines
for operating leases set forth in the joint statement of the managers
for the conference report to the Balanced Budget Agreement of
1997, as determined by the Director of the Office of Management
and Budget.
SEC. 411. Notwithstanding any other provision of law, the
requirement under section 407 of Public Law 104–208 (110 Stat.
3009–337–38), that the Administrator of General Services charge
user fees for flexiplace telecommuting centers that approximate
commercial charges for comparable space and services but in no
instance less than the amount necessary to pay the cost of establishing and operating such centers, shall not apply to the user fees
charged for the period beginning October 1, 1996, and ending

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–506

September 30, 1998, for the telecommuting centers established as
part of a pilot telecommuting demonstration program in the
Washington, D.C. metropolitan area by Public Laws 102–393, 103–
123, 103–329, 104–52, and 104–208: Provided, That for these centers in the pilot demonstration program for the period beginning
October 1, 1998, and ending September 30, 2000, the Administrator
shall charge fees for Federal agency use of a telecenter based
on 50 percent of the Administrator’s annual costs of operating
the center, including the reasonable cost of replacement for furniture, fixtures, and equipment: Provided further, That effective
October 1, 2000, the Administrator shall charge fees for Federal
agency use of the demonstration telecommuting centers based on
100 percent of the annual operating costs, including the reasonable
cost of replacement for furniture, fixtures, and equipment: Provided
further, That, to the extent such user charges do not cover the
Administrator’s costs in operating these centers, appropriations to
the General Services Administration are authorized to reimburse
the Federal Buildings Fund for any loss of revenue.
SEC. 412. (a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, the Administrator of General Services shall convey to
the University of Miami, by negotiated sale or by negotiated
land exchange and by not later than September 30, 1999,
all right, title, and interest of the United States in and to
the property described in paragraph (2).
(2) PROPERTY DESCRIBED.—The property referred to in paragraph (1) is real property in Miami-Dade County, Florida,
including improvements thereon, comprising the Federal facility
known as the United States Naval Observatory/Alternate Time
Service Laboratory, consisting of approximately 76 acres. The
exact acreage and legal description of the property shall be
determined by a survey that is satisfactory to the Administrator.
(b) CONDITION REGARDING USE.—Any conveyance under subsection (a) shall be subject to the condition that during the 10year period beginning on the date of the conveyance, the University
shall use the property, or provide for use of the property, only
for—
(1) a research, education, and training facility complementary to longstanding national research missions, subject to such
incidental exceptions as may be approved by the Administrator;
(2) research-related purposes other than the use specified
in paragraph (1), under an agreement entered into by the
Administrator and the University; or
(3) a combination of uses described in paragraph (1) and
paragraph (2), respectively.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Administrator
may require such additional terms and conditions with respect
to the conveyance under subsection (a) as the Administrator considers appropriate to protect the interests of the United States.
(d) REVERSION.—If the Administrator determines at any time
that the property conveyed under subsection (a) is not being used
in accordance with this section, all right, title, and interest in
and to the property, including any improvements thereon, shall
revert to the United States, and the United States shall have
the right of immediate entry thereon.

112 STAT. 2681–507

PUBLIC LAW 105–277—OCT. 21, 1998

SEC. 413. The Administrator of General Services is directed
to reincorporate the elements of the original proposed design for
the fac¸ade of the United States Courthouse, London, Kentucky,
project into the revised design of the building in order to ensure
compatibility of this new facility with the historic U.S. Courthouse
in London, Kentucky, to maintain the stateliness of the building.
Construction or design of the London, Kentucky, project should
not be diminished in any way to achieve this goal.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
For payment to the Environmental Dispute Resolution Fund
to carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1997, $4,250,000, to remain available
until expended, of which $3,000,000 will be for capitalization of
the Fund, and $1,250,000 will be for annual operating expenses.
MERIT SYSTEMS PROTECTION BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including
services as authorized by 5 U.S.C. 3109, rental of conference rooms
in the District of Columbia and elsewhere, hire of passenger motor
vehicles, and direct procurement of survey printing, $25,805,000,
together with not to exceed $2,430,000 for administrative expenses
to adjudicate retirement appeals to be transferred from the Civil
Service Retirement and Disability Fund in amounts determined
by the Merit Systems Protection Board.
NATIONAL ARCHIVES

AND

RECORDS ADMINISTRATION

OPERATING EXPENSES

For necessary expenses in connection with the administration
of the National Archives (including the Information Security Oversight Office) and records and related activities, as provided by
law, and for expenses necessary for the review and declassification
of documents, and for the hire of passenger motor vehicles,
$224,614,000: Provided, That of the amount provided, $7,861,000
shall not be available for obligation until September 30, 1999:
Provided further, That the Archivist of the United States is authorized to use any excess funds available from the amount borrowed
for construction of the National Archives facility, for expenses necessary to provide adequate storage for holdings.
REPAIRS AND RESTORATION

For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $11,325,000,
to remain available until expended, of which $2,000,000 is for
an architectural and engineering study for the renovation of the
Archives I facility, of which $4,000,000 is for encasement of the
Charters of Freedom, and of which $875,000 is for a requirements

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–508

study and design of the National Archives Anchorage, Alaska, facility.
NATIONAL HISTORICAL PUBLICATIONS

AND

RECORDS COMMISSION

GRANTS PROGRAM

For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as amended, $10,000,000, to remain available until expended: Provided, That
of the amount provided, $4,000,000 shall not be available for obligation until September 30, 1999.
OFFICE

OF

GOVERNMENT ETHICS

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, as amended and the Ethics Reform Act of 1989, including
services as authorized by 5 U.S.C. 3109, rental of conference rooms
in the District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and representation expenses, $8,492,000.
OFFICE

OF

PERSONNEL MANAGEMENT

SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses to carry out functions of the Office
of Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including
services as authorized by 5 U.S.C. 3109; medical examinations
performed for veterans by private physicians on a fee basis; rental
of conference rooms in the District of Columbia and elsewhere;
hire of passenger motor vehicles; not to exceed $2,500 for official
reception and representation expenses; advances for reimbursements to applicable funds of the Office of Personnel Management
and the Federal Bureau of Investigation for expenses incurred
under Executive Order No. 10422 of January 9, 1953, as amended;
and payment of per diem and/or subsistence allowances to employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $85,350,000; and
in addition $91,236,000 for administrative expenses, to be transferred from the appropriate trust funds of the Office of Personnel
Management without regard to other statutes, including direct
procurement of printed materials, for the retirement and insurance
programs: Provided, That the provisions of this appropriation shall
not affect the authority to use applicable trust funds as provided
by section 8348(a)(1)(B) of title 5, United States Code: Provided
further, That, except as may be consistent with 5 U.S.C. 8902a(f)(1)
and (i), no payment may be made from the Employees Health
Benefits Fund to any physician, hospital, or other provider of health
care services or supplies who is, at the time such services or
supplies are provided to an individual covered under chapter 89
of title 5, United States Code, excluded, pursuant to section 1128
or 1128A of the Social Security Act (42 U.S.C. 1320a–7 through

112 STAT. 2681–509

PUBLIC LAW 105–277—OCT. 21, 1998

1320a–7a), from participation in any program under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.): Provided further,
That no part of this appropriation shall be available for salaries
and expenses of the Legal Examining Unit of the Office of Personnel
Management established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose: Provided
further, That the President’s Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964, may,
during fiscal year 1999, accept donations of money, property, and
personal services in connection with the development of a publicity
brochure to provide information about the White House Fellows,
except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees
of such Commission.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act, as amended, including services as authorized by 5 U.S.C. 3109, hire of
passenger motor vehicles, $960,000; and in addition, not to exceed
$9,145,000 for administrative expenses to audit the Office of Personnel Management’s retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel
Management, as determined by the Inspector General: Provided,
That the Inspector General is authorized to rent conference rooms
in the District of Columbia and elsewhere.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH
BENEFITS

For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health Benefits
Act (74 Stat. 849), as amended, such sums as may be necessary.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE
INSURANCE

For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by chapter
87 of title 5, United States Code, such sums as may be necessary.
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

33 USC 776.

For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as
authorized by 5 U.S.C. 8348, and annuities under special Acts
to be credited to the Civil Service Retirement and Disability Fund,
such sums as may be necessary: Provided, That annuities authorized by the Act of May 29, 1944, as amended, and the Act of
August 19, 1950, as amended (33 U.S.C. 771–775), may hereafter
be paid out of the Civil Service Retirement and Disability Fund.

PUBLIC LAW 105–277—OCT. 21, 1998
OFFICE

OF

112 STAT. 2681–510

SPECIAL COUNSEL

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95–
454), the Whistleblower Protection Act of 1989 (Public Law 101–
12), Public Law 103–424, and the Uniformed Services Employment
and Reemployment Act of 1994 (Public Law 103–353), including
services as authorized by 5 U.S.C. 3109, payment of fees and
expenses for witnesses, rental of conference rooms in the District
of Columbia and elsewhere, and hire of passenger motor vehicles,
$8,720,000.
UNITED STATES TAX COURT
SALARIES AND EXPENSES

For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $32,765,000: Provided,
That travel expenses of the judges shall be paid upon the written
certificate of the judge.
This title may be cited as the ‘‘Independent Agencies Appropriations Act, 1999’’.
TITLE V—GENERAL PROVISIONS
THIS ACT
SEC. 501. 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. 502. 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. 503. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to
a Government employee would result in a decision, determination,
rule, regulation, or policy that would prohibit the enforcement of
section 307 of the Tariff Act of 1930.
SEC. 504. None of the funds made available by this Act shall
be available in fiscal year 1999 for the purpose of transferring
control over the Federal Law Enforcement Training Center located
at Glynco, Georgia, and Artesia, New Mexico, out of the Department
of the Treasury.
SEC. 505. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a position,
other than a temporary position, formerly held by an employee
who has left to enter the Armed Forces of the United States and
has satisfactorily completed his period of active military or naval
service, and has within 90 days after his release from such service
or from hospitalization continuing after discharge for a period of

26 USC 7443
note.

112 STAT. 2681–511

PUBLIC LAW 105–277—OCT. 21, 1998

not more than 1 year, made application for restoration to his former
position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position
and has not been restored thereto.
SEC. 506. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
the assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly known
as the ‘‘Buy American Act’’).
SEC. 507. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—In the case of any equipment or products that may
be authorized to be purchased with financial assistance provided
under this Act, it is the sense of the Congress that entities receiving
such assistance should, in expending the assistance, purchase only
American-made equipment and products.
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance under this Act, the Secretary of the Treasury shall
provide to each recipient of the assistance a notice describing the
statement made in subsection (a) by the Congress.
SEC. 508. 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, such person shall be ineligible
to receive any contract or subcontract made with funds provided
pursuant to 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. 509. No funds appropriated by this Act shall be available
to pay for an abortion, or the administrative expenses in connection
with any health plan under the Federal employees health benefit
program which provides any benefits or coverage for abortions.
SEC. 510. The provision of section 509 shall not apply where
the life of the mother would be endangered if the fetus were carried
to term, or the pregnancy is the result of an act of rape or incest.
SEC. 511. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 1999 from appropriations made available
for salaries and expenses for fiscal year 1999 in this Act, shall
remain available through September 30, 2000, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the Committees on Appropriations for approval prior
to the expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming guidelines.
SEC. 512. None of the funds made available in this Act may
be used by the Executive Office of the President to request from
the Federal Bureau of Investigation any official background investigation report on any individual, except when it is made known
to the Federal official having authority to obligate or expend such
funds that—
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to
the date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary circumstances involving national security.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–512

SEC. 513. Funds provided in this Act may be used to initiate
or continue projects or activities to the extent necessary, consistent
with existing agency plans, to achieve Year 2000 (Y2K) computer
conversion until such time as supplemental appropriations are made
available for that purpose: Provided, That the program, project,
or activity from which funds are obligated for Y2K conversion
activities shall be reimbursed when such supplemental appropriations are made available.
SEC. 515. Hereafter, any payment of attorneys fees, costs, and
sanctions required to be made by the Federal Government pursuant
to the order of the district court in the case Association of American
Physicians and Surgeons, Inc. v. Clinton, 989 F. Supp. 8 (1997),
or any appeal of such case, shall be derived by transfer from
amounts made available in this or any other Act for any fiscal
year for ‘‘Compensation of the President and the White House
Office—Salaries and Expenses’’.
SEC. 516. Notwithstanding Section 515 of Public Law 104–
208, fifty percent of the unobligated balances available to the White
House Office, Salaries and Expenses appropriations in fiscal year
1997, shall remain available through September 30, 1999, for the
purposes of satisfying the conditions of Section 515 of this Act.
SEC. 517. The Morris K. Udall Scholarship and Excellence
in National Environmental and Native American Public Policy Act
of 1992, as amended (20 U.S.C. 5601 et seq.), is amended as follows:
(a) in section 11, by—
(1) deleting the heading and inserting ‘‘Use of the
Institute by a Federal Agency or Other Entity.’’; and
(2) adding the following new subsection at the end:
‘‘(e) NON-FEDERAL ENTITIES.—
‘‘(1) Non-Federal entities, including state and local governments, Native American tribal governments, nongovernmental
organizations and persons, as defined in 1 U.S.C. 1, may use
the Foundation and the Institute to provide assessment, mediation, or other related services in connection with a dispute
or conflict involving the Federal government related to the
environment, public lands, or natural resources.
‘‘(2) PAYMENT INTO THE ENVIRONMENTAL DISPUTE RESOLUTION FUND.—Entities utilizing services pursuant to this subsection shall reimburse the Institute for the costs of services
provided. Such amounts shall be deposited into the Environmental Dispute Resolution Fund established under section 10.’’;
and
(b) in section 12, by:
(1) deleting ‘‘IN GENERAL—’’ and inserting ‘‘(a) IN GENERAL—’’; and
(2) adding the following new subsection:
‘‘(b) THE INSTITUTE.—The authorities set forth above shall,
with the exception of paragraph (4), apply to the Institute established pursuant to section 10.’’; and
(c) in section 10(b), by adding before the period as follows:
‘‘, including not to exceed $1,000 annually for official reception
and representation expenses’’.
SEC. 518. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy Act (Public
Law 93–400; 41 U.S.C. 422) shall not apply with respect to a
contract under the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.

20 USC 5607b.

20 USC 5608.

20 USC 5607a.

112 STAT. 2681–513

PUBLIC LAW 105–277—OCT. 21, 1998
TITLE VI—GENERAL PROVISIONS
DEPARTMENTS, AGENCIES,

40 USC 490b
note.

31 USC 1343
note.

5 USC 3101 note.

AND

CORPORATIONS

SEC. 601. Funds appropriated in this or any other Act may
be used to pay travel to the United States for the immediate
family of employees serving abroad in cases of death or life threatening illness of said employee.
SEC. 602. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for fiscal year 1999 shall obligate or expend any such funds,
unless such department, agency, or instrumentality has in place,
and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from the
illegal use, possession, or distribution of controlled substances (as
defined in the Controlled Substances Act) by the officers and
employees of such department, agency, or instrumentality.
SEC. 603. Notwithstanding 31 U.S.C. 1345, any agency, department, or instrumentality of the United States which provides or
proposes to provide child care services for Federal employees may,
in fiscal year 1999 and thereafter, reimburse any Federal employee
or any person employed to provide such services for travel, transportation, and subsistence expenses incurred for training classes, conferences, or other meetings in connection with the provision of
such services: Provided, That any per diem allowance made pursuant to this section shall not exceed the rate specified in regulations
prescribed pursuant to section 5707 of title 5, United States Code.
SEC. 604. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $8,100 except station wagons for which the maximum shall be $9,100: Provided, That these limits may be exceeded
by not to exceed $3,700 for police-type vehicles, and by not to
exceed $4,000 for special heavy-duty vehicles: Provided further,
That the limits set forth in this section may not be exceeded
by more than 5 percent for electric or hybrid vehicles purchased
for demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101–549 over the cost
of comparable conventionally fueled vehicles.
SEC. 605. Appropriations of the executive departments and
independent establishments for the current fiscal year available
for expenses of travel, or for the expenses of the activity concerned,
are hereby made available for quarters allowances and cost-ofliving allowances, in accordance with 5 U.S.C. 5922–5924.
SEC. 606. Unless otherwise specified during the current fiscal
year, no part of any appropriation contained in this or any other
Act shall be used to pay the compensation of any officer or employee
of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government
of the United States) whose post of duty is in the continental
United States unless such person: (1) is a citizen of the United
States; (2) is a person in the service of the United States on

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–514

the date of enactment of this Act who, being eligible for citizenship,
has filed a declaration of intention to become a citizen of the
United States prior to such date and is actually residing in the
United States; (3) is a person who owes allegiance to the United
States; (4) is an alien from Cuba, Poland, South Vietnam, the
countries of the former Soviet Union, or the Baltic countries lawfully
admitted to the United States for permanent residence; (5) is a
South Vietnamese, Cambodian, or Laotian refugee paroled in the
United States after January 1, 1975; or (6) is a national of the
People’s Republic of China who qualifies for adjustment of status
pursuant to the Chinese Student Protection Act of 1992: Provided,
That for the purpose of this section, an affidavit signed by any
such person shall be considered prima facie evidence that the
requirements of this section with respect to his or her status have
been complied with: Provided further, That any person making
a false affidavit shall be guilty of a felony, and, upon conviction,
shall be fined no more than $4,000 or imprisoned for not more
than 1 year, or both: Provided further, That the above penal clause
shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment
made to any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Government.
This section shall not apply to citizens of Ireland, Israel, or the
Republic of the Philippines, or to nationals of those countries allied
with the United States in a current defense effort, or to international broadcasters employed by the United States Information
Agency, or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a result
of emergencies.
SEC. 607. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space
and services and those expenses of renovation and alteration of
buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73
Stat. 749), the Public Buildings Amendments of 1972 (87 Stat.
216), or other applicable law.
SEC. 608. In addition to funds provided in this or any other
Act, all Federal agencies are authorized to receive and use funds
resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling
or waste prevention programs. Such funds shall be available until
expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 12873
(October 20, 1993), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs, including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
SEC. 609. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States

112 STAT. 2681–515

5 USC 5343 note.

PUBLIC LAW 105–277—OCT. 21, 1998

Code, shall be available, in addition to objects for which such
funds are otherwise available, for rent in the District of Columbia;
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable
to the expenditure of such funds unless otherwise specified in
the Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations
on administrative expenses shall be correspondingly reduced.
SEC. 610. No part of any appropriation for the current fiscal
year contained in this or any other Act shall be paid to any person
for the filling of any position for which he or she has been nominated
after the Senate has voted not to approve the nomination of said
person.
SEC. 611. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities)
which do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
SEC. 612. Funds made available by this or any other Act to
the Postal Service Fund (39 U.S.C. 2003) shall be available for
employment of guards for all buildings and areas owned or occupied
by the Postal Service and under the charge and control of the
Postal Service, and such guards shall have, with respect to such
property, the powers of special policemen provided by the first
section of the Act of June 1, 1948, as amended (62 Stat. 281;
40 U.S.C. 318), and, as to property owned or occupied by the
Postal Service, the Postmaster General may take the same actions
as the Administrator of General Services may take under the provisions of sections 2 and 3 of the Act of June 1, 1948, as amended
(62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto penal
consequences under the authority and within the limits provided
in section 4 of the Act of June 1, 1948, as amended (62 Stat.
281; 40 U.S.C. 318c).
SEC. 613. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to
a resolution of disapproval duly adopted in accordance with the
applicable law of the United States.
SEC. 614. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of
the funds appropriated for fiscal year 1999, by this or any other
Act, may be used to pay any prevailing rate employee described
in section 5342(a)(2)(A) of title 5, United States Code—
(1) during the period from the date of expiration of the
limitation imposed by section 614 of the Treasury and General
Government Appropriations Act, 1998, until the normal effective date of the applicable wage survey adjustment that is
to take effect in fiscal year 1999, in an amount that exceeds
the rate payable for the applicable grade and step of the
applicable wage schedule in accordance with such section 614;
and
(2) during the period consisting of the remainder of fiscal
year 1999, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by
more than the sum of—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–516

(A) the percentage adjustment taking effect in fiscal
year 1999 under section 5303 of title 5, United States
Code, in the rates of pay under the General Schedule;
and
(B) the difference between the overall average percentage of the locality-based comparability payments taking
effect in fiscal year 1999 under section 5304 of such title
(whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in
fiscal year 1998 under such section.
(b) Notwithstanding any other provision of law, no prevailing
rate employee described in subparagraph (B) or (C) of section
5342(a)(2) of title 5, United States Code, and no employee covered
by section 5348 of such title, may be paid during the periods
for which subsection (a) is in effect at a rate that exceeds the
rates that would be payable under subsection (a) were subsection
(a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from
a schedule not in existence on September 30, 1998, shall be determined under regulations prescribed by the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed
from the rates in effect on September 30, 1998, except to the
extent determined by the Office of Personnel Management to be
consistent with the purpose of this section.
(e) This section shall apply with respect to pay for service
performed after September 30, 1998.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires
any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the
rate of salary or basic pay payable after the application of this
section shall be treated as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or
require the payment to any employee covered by this section at
a rate in excess of the rate that would be payable were this section
not in effect.
(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment
or retention of qualified employees.
SEC. 615. During the period in which the head of any department or agency, or any other officer or civilian employee of the
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000
to furnish or redecorate the office of such department head, agency
head, officer, or employee, or to purchase furniture or make
improvements for any such office, unless advance notice of such
furnishing or redecoration is expressly approved by the Committees
on Appropriations. For the purposes of this section, the word ‘‘office’’
shall include the entire suite of offices assigned to the individual,
as well as any other space used primarily by the individual or
the use of which is directly controlled by the individual.

112 STAT. 2681–517

PUBLIC LAW 105–277—OCT. 21, 1998

SEC. 616. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law enforcement
training without the advance approval of the Committees on Appropriations, except that the Federal Law Enforcement Training Center
is authorized to obtain the temporary use of additional facilities
by lease, contract, or other agreement for training which cannot
be accommodated in existing Center facilities.
SEC. 617. Notwithstanding section 1346 of title 31, United
States Code, or section 611 of this Act, funds made available for
fiscal year 1999 by this or any other Act shall be available for
the interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit multiple
Federal departments, agencies, or entities, as provided by Executive
Order No. 12472 (April 3, 1984).
SEC. 618. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal department,
agency, or other instrumentality for the salaries or expenses of
any employee appointed to a position of a confidential or policydetermining character excepted from the competitive service pursuant to section 3302 of title 5, United States Code, without a certification to the Office of Personnel Management from the head of
the Federal department, agency, or other instrumentality employing
the Schedule C appointee that the Schedule C position was not
created solely or primarily in order to detail the employee to the
White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from—
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation
and the Drug Enforcement Administration of the Department
of Justice, the Department of Transportation, the Department
of the Treasury, and the Department of Energy performing
intelligence functions; and
(7) the Director of Central Intelligence.
SEC. 619. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for fiscal year 1999 shall obligate or expend any such funds,
unless such department, agency, or instrumentality has in place,
and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from discrimination and sexual harassment and that all of its workplaces are
not in violation of title VII of the Civil Rights Act of 1964, as
amended, the Age Discrimination in Employment Act of 1967, and
the Rehabilitation Act of 1973.
SEC. 620. No part of any appropriation contained in this Act
may be used to pay for the expenses of travel of employees, including
employees of the Executive Office of the President, not directly

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–518

responsible for the discharge of official governmental tasks and
duties: Provided, That this restriction shall not apply to the family
of the President, Members of Congress or their spouses, Heads
of State of a foreign country or their designees, persons providing
assistance to the President for official purposes, or other individuals
so designated by the President.
SEC. 621. For purposes of each provision of law amended by
section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C. 5318
note), no adjustment under section 5303 of title 5, United States
Code, shall be considered to have taken effect in fiscal year 1999
in the rates of basic pay for the statutory pay systems.
SEC. 622. None of the funds appropriated in this or any other
Act shall be used to acquire information technologies which do
not comply with part 39.106 (Year 2000 compliance) of the Federal
Acquisition Regulation, unless an agency’s Chief Information Officer
determines that noncompliance with part 39.106 is necessary to
the function and operation of the requesting agency or the acquisition is required by a signed contract with the agency in effect
before the date of enactment of this Act. Any waiver granted by
the Chief Information Officer shall be reported to the Office of
Management and Budget, and copies shall be provided to Congress.
SEC. 623. None of the funds made available in this Act for
the United States Customs Service may be used to allow the
importation into the United States of any good, ware, article, or
merchandise mined, produced, or manufactured by forced or indentured child labor, as determined pursuant to section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
SEC. 624. Notwithstanding any other provision of law, no part
of any funds provided by this Act or any other Act beginning
in fiscal year 1999 and thereafter shall be available for paying
Sunday premium pay to any employee unless such employee actually performed work during the time corresponding to such premium
pay.
SEC. 625. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who—
(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal
Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee
of the Congress in connection with any matter pertaining to
the employment of such other officer or employee or pertaining
to the department or agency of such other officer or employee
in any way, irrespective of whether such communication or
contact is at the initiative of such other officer or employee
or in response to the request or inquiry of such Member,
committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment
right, entitlement, or benefit, or any term or condition of
employment of, any other officer or employee of the Federal
Government, or attempts or threatens to commit any of the
foregoing actions with respect to such other officer or employee,
by reason of any communication or contact of such other officer

5 USC 5303 note.

5 USC 5546 note.

112 STAT. 2681–519

PUBLIC LAW 105–277—OCT. 21, 1998

or employee with any Member, committee, or subcommittee
of the Congress as described in paragraph (1).
SEC. 626. Section 626(b) of the Treasury, Postal Service, and
General Government Appropriations Act, 1997, as contained in
section 101(f) of Public Law 104–208 (110 Stat. 3009–360), the
Omnibus Consolidated Appropriations Act, 1997, is amended to
read as follows: ‘‘(b) Until September 30, 1999, or until the end
of the current FTS 2000 contracts, whichever is earlier, subsection
(a) shall continue to apply to the use of the funds appropriated
by this or any other Act.’’.
SEC. 627. (a) DEFINITIONS.—In this section—
(1) the term ‘‘crime of violence’’ has the meaning given
that term in section 16 of title 18, United States Code; and
(2) the term ‘‘law enforcement officer’’ means any employee
described in subparagraph (A), (B), or (C) of section 8401(17)
of title 5, United States Code; and any special agent in the
Diplomatic Security Service of the Department of State.
(b) RULE OF CONSTRUCTION.—Notwithstanding any other provision of law, for purposes of chapter 171 of title 28, United States
Code, or any other provision of law relating to tort liability, a
law enforcement officer shall be construed to be acting within
the scope of his or her office or employment, if the officer takes
reasonable action, including the use of force, to—
(1) protect an individual in the presence of the officer
from a crime of violence;
(2) provide immediate assistance to an individual who has
suffered or who is threatened with bodily harm; or
(3) prevent the escape of any individual who the officer
reasonably believes to have committed in the presence of the
officer a crime of violence.
SEC. 628. FEDERAL FIREFIGHTERS OVERTIME PAY REFORM ACT
OF 1998. (a) IN GENERAL.—Subchapter V of chapter 55 of title
5, United States Code, is amended—
(1) in section 5542 by adding at the end the following
new subsection:
‘‘(f) In applying subsection (a) of this section with respect to
a firefighter who is subject to section 5545b—
‘‘(1) such subsection shall be deemed to apply to hours
of work officially ordered or approved in excess of 106 hours
in a biweekly pay period, or, if the agency establishes a weekly
basis for overtime pay computation, in excess of 53 hours in
an administrative workweek; and
‘‘(2) the overtime hourly rate of pay is an amount equal
to one and one-half times the hourly rate of basic pay under
section 5545b (b)(1)(A) or (c)(1)(B), as applicable, and such
overtime hourly rate of pay may not be less than such hourly
rate of basic pay in applying the limitation on the overtime
rate provided in paragraph (2) of such subsection (a).’’; and
(2) by inserting after section 5545a the following new section:
‘‘§ 5545b. Pay for firefighters
‘‘(a) This section applies to an employee whose position is
classified in the firefighter occupation in conformance with the
GS–081 standard published by the Office of Personnel Management,
and whose normal work schedule, as in effect throughout the year,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–520

consists of regular tours of duty which average at least 106 hours
per biweekly pay period.
‘‘(b)(1) If the regular tour of duty of a firefighter subject to
this section generally consists of 24-hour shifts, rather than a
basic 40-hour workweek (as determined under regulations prescribed by the Office of Personnel Management), section 5504(b)
shall be applied as follows in computing pay—
‘‘(A) paragraph (1) of such section shall be deemed to
require that the annual rate be divided by 2756 to derive
the hourly rate; and
‘‘(B) the computation of such firefighter’s daily, weekly,
or biweekly rate shall be based on the hourly rate under
subparagraph (A);
‘‘(2) For the purpose of sections 5595(c), 5941, 8331(3), and
8704(c), and for such other purposes as may be expressly provided
for by law or as the Office of Personnel Management may by
regulation prescribe, the basic pay of a firefighter subject to this
subsection shall include an amount equal to the firefighter’s basic
hourly rate (as computed under paragraph (1)(A)) for all hours
in such firefighter’s regular tour of duty (including overtime hours).
‘‘(c)(1) If the regular tour of duty of a firefighter subject to
this section includes a basic 40-hour workweek (as determined
under regulations prescribed by the Office of Personnel Management), section 5504(b) shall be applied as follows in computing
pay—
‘‘(A) the provisions of such section shall apply to the hours
within the basic 40-hour workweek;
‘‘(B) for hours outside the basic 40-hour workweek, such
section shall be deemed to require that the hourly rate be
derived by dividing the annual rate by 2756; and
‘‘(C) the computation of such firefighter’s daily, weekly,
or biweekly rate shall be based on subparagraphs (A) and
(B), as each applies to the hours involved.
‘‘(2) For purposes of sections 5595(c), 5941, 8331(3), and 8704(c),
and for such other purposes as may be expressly provided for
by law or as the Office of Personnel Management may by regulation
prescribe, the basic pay of a firefighter subject to this subsection
shall include—
‘‘(A) an amount computed under paragraph (1)(A) for the
hours within the basic 40-hour workweek; and
‘‘(B) an amount equal to the firefighter’s basic hourly rate
(as computed under paragraph (1)(B)) for all hours outside
the basic 40-hour workweek that are within such firefighter’s
regular tour of duty (including overtime hours).
‘‘(d)(1) A firefighter who is subject to this section shall receive
overtime pay in accordance with section 5542, but shall not receive
premium pay provided by other provisions of this subchapter.
‘‘(2) For the purpose of applying section 7(k) of the Fair Labor
Standards Act of 1938 to a firefighter who is subject to this section,
no violation referred to in such section 7(k) shall be deemed to
have occurred if the requirements of section 5542(a) are met, applying section 5542(a) as provided in subsection (f) of that section:
Provided, That the overtime hourly rate of pay for such firefighter
shall in all cases be an amount equal to one and one-half times
the firefighter’s hourly rate of basic pay under subsection (b)(1)(A)
or (c)(1)(B) of this section, as applicable.

112 STAT. 2681–521

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(3) The Office of Personnel Management may prescribe regulations, with respect to firefighters subject to this section, that would
permit an agency to reduce or eliminate the variation in the amount
of firefighters’ biweekly pay caused by work scheduling cycles that
result in varying hours in the regular tours of duty from pay
period to pay period. Under such regulations, the pay that a firefighter would otherwise receive for regular tours of duty over the
work scheduling cycle shall, to the extent practicable, remain
unaffected.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
sections for chapter 55 of title 5, United States Code, is amended
by inserting after the item relating to section 5545a the following:
‘‘5545b. Pay for firefighters.’’.

5 USC 4109 note.

5 USC 5545b
note.

5 USC 5545b
note.

(c) TRAINING.—Section 4109 of title 5, United States Code,
is amended by adding at the end the following new subsection:
‘‘(d) Notwithstanding subsection (a)(1), a firefighter who is subject to section 5545b of this title shall be paid basic pay and
overtime pay for the firefighter’s regular tour of duty while attending agency sanctioned training.’’.
(d) INCLUSION IN BASIC PAY FOR FEDERAL RETIREMENT.—Section 8331(3) of title 5, United States Code, is amended—
(1) by striking ‘‘and’’ after subparagraph (D);
(2) by redesignating subparagraph (E) as subparagraph
(G);
(3) by inserting the following:
‘‘(E) with respect to a criminal investigator, availability
pay under section 5545a of this title;
‘‘(F) pay as provided in section 5545b(b)(2) and (c)(2);
and ’’; and
(4) by striking ‘‘subparagraphs (B), (C), (D), and (E)’’ and
inserting ‘‘subparagraphs (B) through (G)’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the first day of the first applicable pay period
which begins on or after October 1, 1998.
(f) REGULATIONS.—Under regulations prescribed by the Office
of Personnel Management, a firefighter subject to section 5545b
of title 5, United States Code, as added by this section, whose
regular tours of duty average 60 hours or less per workweek and
do not include a basic 40-hour workweek, shall, upon implementation of this section, be granted an increase in basic pay equal
to 2 step-increases of the applicable General Schedule grade, and
such increase shall not be an equivalent increase in pay. If such
increase results in a change to a longer waiting period for the
firefighter’s next step increase, the firefighter shall be credited
with an additional year of service for the purpose of such waiting
period. If such increase results in a rate of basic pay which is
above the maximum rate of the applicable grade, such resulting
pay rate shall be treated as a retained rate of basic pay in accordance with section 5363 of title 5, United States Code.
(g) NO REDUCTION IN REGULAR PAY.—Under regulations prescribed by the Office of Personnel Management, the regular pay
(over the established work scheduling cycle) of a firefighter subject
to section 5545b of title 5, United States Code, as added by this
section, shall not be reduced as a result of the implementation
of this section.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–522

SEC. 629. (1) Not later than 180 days after the date of enactment of this Act, the Director of the Office of National Drug Control
Policy, the Secretary of the Treasury, and the Attorney General
shall conduct a joint review of Federal efforts and submit to the
appropriate congressional committees, including the Committees
on Appropriations, a plan to improve coordination among the Federal agencies with responsibility to protect the borders against
drug trafficking. The review shall also include consideration of
Federal agencies’ coordination with State and local law enforcement
agencies. The plan shall include an assessment and action plan,
including the activities of the following departments and agencies:
(A) Department of the Treasury;
(B) Department of Justice;
(C) United States Coast Guard;
(D) Department of Defense;
(E) Department of Transportation;
(F) Department of State; and
(G) Department of Interior.
(2) The purpose of the plan under paragraph (1) is to maximize
the effectiveness of the border control efforts in achieving the objectives of the national drug control strategy in a manner that is
also consistent with the goal of facilitating trade. In order to maximize the effectiveness, the plan shall:
(A) specify the methods used to enhance cooperation, planning and accountability among the Federal, State, and local
agencies with responsibilities along the Southwest border;
(B) specify mechanisms to ensure cooperation among the
agencies, including State and local agencies, with responsibilities along the Southwest border;
(C) identify new technologies that will be used in protecting
the borders including conclusions regarding appropriate deployment of technology;
(D) identify new initiatives for infrastructure improvements;
(E) recommend reinforcements in terms of resources, technology and personnel necessary to ensure capacity to maintain
appropriate inspections;
(F) integrate findings of the White House Intelligence
Architecture Review into the plan; and
(G) make recommendations for strengthening the HIDTA
program along the Southwest border.
SEC. 630. (a) FLEXIPLACE WORK TELECOMMUTING PROGRAMS.—
For fiscal year 1999 and each fiscal year thereafter, of the funds
made available to each Executive agency for salaries and expenses,
at a minimum $50,000 shall be available only for the necessary
expenses of the Executive agency to carry out a flexiplace work
telecommuting program.
(b) DEFINITIONS.—For purposes of this section:
(1) EXECUTIVE AGENCY.—The term ‘‘Executive agency’’
means the following list of departments and agencies: Department of State, Treasury, Defense, Justice, Interior, Labor,
Health and Human Services, Agriculture, Commerce, Housing
and Urban Development, Transportation, Energy, Education,
Veterans’ Affairs, General Services Administration, Office of
Personnel Management, Small Business Administration, Social
Security Administration, Environmental Protection Agency,
U.S. Postal Service.

40 USC 490 note.

112 STAT. 2681–523

5 USC 4507 note.

5 USC 5384 note.

PUBLIC LAW 105–277—OCT. 21, 1998

(2) FLEXIPLACE WORK TELECOMMUTING PROGRAM.—The
term ‘‘flexiplace work telecommuting program’’ means a program under which employees of an Executive agency are permitted to perform all or a portion of their duties at a flexiplace
work telecommuting center established under section 210(l)
of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 490(l)) or other Federal law.
SEC. 631. (a) MERITORIOUS EXECUTIVE.—Section 4507(e)(1) of
title 5, United States Code, is amended by striking ‘‘$10,000’’ and
inserting ‘‘an amount equal to 20 percent of annual basic pay’’.
(b) DISTINGUISHED EXECUTIVE.—Section 4507(e)(2) of title 5,
United States Code, is amended by striking ‘‘$20,000’’ and inserting
‘‘an amount equal to 35 percent of annual basic pay’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 1998, or the date of enactment
of this Act, whichever is later.
SEC. 632. (a) CAREER SES PERFORMANCE AWARDS.—Section
5384(b)(3) of title 5, United States Code, is amended—
(1) by striking ‘‘3 percent’’ and inserting ‘‘10 percent’’; and
(2) by striking ‘‘15 percent’’ and inserting ‘‘20 percent’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 1998, or the date of enactment
of this Act, whichever is later.
SEC. 633. (a) INTERNATIONAL POSTAL ARRANGEMENTS.—Section
407 of title 39, United States Code, is amended to read as follows:
‘‘§ 407. International Postal Arrangements.
‘‘(a)(1) The Secretary of State shall have primary responsibility
for formulation, coordination and oversight of policy with respect
to United States participation in the Universal Postal Union, including the Universal Postal Convention and other Acts of the Universal
Postal Union, amendments thereto, and all postal treaties and
conventions concluded within the framework of the Convention
and such Acts.
‘‘(2) Subject to subsection (d), the Secretary may, with the
consent of the President, negotiate and conclude treaties, conventions and amendments referred to in paragraph (1).
‘‘(b)(1) Subject to subsections (a), (c), and (d), the Postal Service
may, with the consent of the President, negotiate and conclude
postal treaties and conventions.
‘‘(2) The Postal Service may, with the consent of the President,
establish rates of postage or other charges on mail matter conveyed
between the United States and other countries.
‘‘(3) The Postal Service shall transmit a copy of each postal
treaty or convention concluded with other governments under the
authority of this subsection to the Secretary of State, who shall
furnish a copy to the Public Printer for publication.
‘‘(c) The Postal Service shall not conclude any treaty or convention under the authority of this section or any other arrangement
related to the delivery of international postal services that is
inconsistent with any policy developed pursuant to subsection (a).
‘‘(d) In carrying out their responsibilities under this section,
the Secretary and the Postal Service shall consult with such federal
agencies as the Secretary or the Postal Service considers appropriate, private providers of international postal services, users of
international postal services, the general public, and such other

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–524

persons as the Secretary or the Postal Service considers appropriate.’’.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
any treaty, convention or amendment entered into under the authority of section 407 of title 39 of the United States Code, as amended
by this section, should not grant any undue or unreasonable preference to the Postal Service, a private provider of postal services,
or any other person.
(c) TRADE-IN-SERVICE PROGRAMS.—The second sentence of paragraph (5) of section 306(a) of the Trade and Tariff Act of 1984
(19 U.S.C. 2114b(5)) is amended by inserting ‘‘postal and delivery
services,’’ after ‘‘transportation.’’
(d) TRANSFER OF FUNDS.—In fiscal year 1999 and each fiscal
year hereafter, the Postal Service shall allocate to the Department
of State from any funds available to the Postal Service such sums
as may be reasonable, documented and auditable for the Department of State to carry out the activities of Section 407 of title
39 of the United States Code.
SEC. 634. Notwithstanding any provision of law, the President,
or his designee, must certify to Congress, annually, that no person
or persons with direct or indirect responsibility for administering
the Executive Office of the President’s Drug-Free Workplace Plan
are themselves subject to a program of individual random drug
testing.
SEC. 635. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
SEC. 636. No funds appropriated in this or any other Act
for fiscal year 1999 may be used to implement or enforce the
agreements in Standard Forms 312 and 4355 of the Government
or any other nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions: ‘‘These
restrictions are consistent with and do not supersede, conflict with,
or otherwise alter the employee obligations, rights, or liabilities
created by Executive Order No. 12958; section 7211 of title 5,
United States Code (governing disclosures to Congress); section
1034 of title 10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to Congress by
members of the military); section 2302(b)(8) of title 5, United States
Code, as amended by the Whistleblower Protection Act (governing

39 USC 407 note.

5 USC 7301 note.

112 STAT. 2681–525

PUBLIC LAW 105–277—OCT. 21, 1998

disclosures of illegality, waste, fraud, abuse or public health or
safety threats); the Intelligence Identities Protection Act of 1982
(50 U.S.C. 421 et seq.) (governing disclosures that could expose
confidential Government agents); and the statutes which protect
against disclosure that may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United
States Code, and section 4(b) of the Subversive Activities Act of
1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations,
rights, sanctions, and liabilities created by said Executive order
and listed statutes are incorporated into this agreement and are
controlling.’’: Provided, That notwithstanding the preceding paragraph, a nondisclosure policy form or agreement that is to be
executed by a person connected with the conduct of an intelligence
or intelligence-related activity, other than an employee or officer
of the United States Government, may contain provisions appropriate to the particular activity for which such document is to
be used. Such form or agreement shall, at a minimum, require
that the person will not disclose any classified information received
in the course of such activity unless specifically authorized to do
so by the United States Government. Such nondisclosure forms
shall also make it clear that they do not bar disclosures to Congress
or to an authorized official of an executive agency or the Department
of Justice that are essential to reporting a substantial violation
of law.
SEC. 637. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication, radio,
television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the
Congress itself.
SEC. 638. (a) IN GENERAL.—For calendar year 2000, the Director
of the Office of Management and Budget shall prepare and submit
to Congress, with the budget submitted under section 1105 of
title 31, United States Code, an accounting statement and associated report containing—
(1) an estimate of the total annual costs and benefits
(including quantifiable and nonquantifiable effects) of Federal
rules and paperwork, to the extent feasible—
(A) in the aggregate;
(B) by agency and agency program; and
(C) by major rule;
(2) an analysis of impacts of Federal regulation on State,
local, and tribal government, small business, wages, and economic growth; and
(3) recommendations for reform.
(b) NOTICE.—The Director of the Office of Management and
Budget shall provide public notice and an opportunity to comment
on the statement and report under subsection (a) before the statement and report are submitted to Congress.
(c) GUIDELINES.—To implement this section, the Director of
the Office of Management and Budget shall issue guidelines to
agencies to standardize—
(1) measures of costs and benefits; and
(2) the format of accounting statements.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–526

(d) PEER REVIEW.—The Director of the Office of Management
and Budget shall provide for independent and external peer review
of the guidelines and each accounting statement and associated
report under this section. Such peer review shall not be subject
to the Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 639. None of the funds appropriated by this Act or any
other Act, may be used by an agency to provide a Federal employee’s
home address to any labor organization except when it is made
known to the Federal official having authority to obligate or expend
such funds that the employee has authorized such disclosure or
that such disclosure has been ordered by a court of competent
jurisdiction.
SEC. 640. The Secretary of the Treasury is authorized to establish scientific certification standards for explosives detection
canines, and shall provide, on a reimbursable basis, for the certification of explosives detection canines employed by Federal agencies,
or other agencies providing explosives detection services at airports
in the United States.
SEC. 641. None of the funds made available in this Act or
any other Act may be used to provide any non-public information
such as mailing or telephone lists to any person or any organization
outside of the Federal Government without the approval of the
Committees on Appropriations.
SEC. 642. No part of any appropriation contained in this or
any other Act shall be used for publicity or propaganda purposes
within the United States not heretofore authorized by the Congress.
SEC. 643. The Director of the United States Marshals Service
is directed to conduct a quarterly threat assessment on the Director
of the Office of National Drug Control Policy.
SEC. 644. Section 636(c) of Public Law 104–208 is amended
as follows:
(1) In subparagraph (1) by inserting after ‘‘United States
Code’’ the following: ‘‘any agency or court in the Judicial
Branch,’’;
(2) In subparagraph (2) by amending ‘‘prosecution, or detention’’ to read: ‘‘prosecution, detention, or supervision’’; and
(3) In subparagraph (3) by inserting after ‘‘title 5,’’ the
following: ‘‘and, with regard to the Judicial Branch, mean a
justice or judge of the United States as defined in 28 U.S.C.
451 in regular active service or retired from regular active
service, other judicial officers as authorized by the Judicial
Conference of the United States, and supervisors and managers
within the Judicial Branch as authorized by the Judicial Conference of the United States,’’.
SEC. 645. (a) In this section the term ‘‘agency’’—
(1) means an Executive agency as defined under section
105 of title 5, United States Code;
(2) includes a military department as defined under section
102 of such title, the Postal Service, and the Postal Rate
Commission; and
(3) shall not include the General Accounting Office.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official duties.
An employee not under a leave system, including a Presidential
appointee exempted under section 6301(2) of title 5, United States
Code, has an obligation to expend an honest effort and a reasonable

18 USC 846 note.

5 USC note prec.
5941.

112 STAT. 2681–527

5 USC 5303 note.

PUBLIC LAW 105–277—OCT. 21, 1998

proportion of such employee’s time in the performance of official
duties.
SEC. 646. Notwithstanding any other provision of law, the
Secretary of the Treasury is authorized to, upon submission of
proper documentation (as determined by the Secretary), reimburse
importers of large capacity military magazine rifles as defined in
the Treasury Department’s April 6, 1998 ‘‘Study on the Sporting
Suitability of Modified Semiautomatic Assault Rifles’’, for which
authority had been granted to import such firearms into the United
States on or before November 14, 1997, and released under bond
to the importer by the U.S. Customs Service on or before February
10, 1998: Provided, That the importer abandons title to the firearms
to the United States: Provided further, That reimbursements are
submitted to the Secretary for his approval within 120 days of
enactment of this provision. In no event shall reimbursements
under this provision exceed the importers cost for the weapons,
plus any shipping, transportation, duty, and storage costs related
to the importation of such weapons. Money made available for
expenditure under 31 U.S.C. section 1304(a) in an amount not
to exceed $1,000,000 shall be available for reimbursements under
this provision: Provided, That accepting the compensation provided
under this provision is final and conclusive and constitutes a complete release of any and all claims, demands, rights, and causes
of action whatsoever against the United States, its agencies, officers,
or employees arising from the denial by the Department of the
Treasury of the entry of such firearms into the United States.
Such compensation is not otherwise required by law and is not
intended to create or recognize any legally enforceable right to
any person.
SEC. 647. (a) The adjustment in rates of basic pay for the
statutory pay systems that takes effect in fiscal year 1999 under
sections 5303 and 5304 of title 5, United States Code, shall be
an increase of 3.6 percent.
(b) Funds used to carry out this section shall be paid from
appropriations which are made to each applicable department or
agency for salaries and expenses for fiscal year 1999.
SEC. 648. INTERNATIONAL MAIL REPORTING REQUIREMENT. (a)
IN GENERAL.—Chapter 36 of title 39, United States Code, is amended by adding after section 3662 the following:
‘‘§ 3663. Annual report on international services
‘‘(a) Not later than July 1 of each year, the Postal Rate Commission shall transmit to each House of Congress a comprehensive
report of the costs, revenues, and volumes accrued by the Postal
Service in connection with mail matter conveyed between the United
States and other countries for the previous fiscal year.
‘‘(b) Not later than March 15 of each year, the Postal Service
shall provide to the Postal Rate Commission such data as the
Commission may require to prepare the report required under
subsection (a) of this section. Data shall be provided in sufficient
detail to enable the Commission to analyze the costs, revenues,
and volumes for each international mail product or service, under
the methods determined appropriate by the Commission for the
analysis of rates for domestic mail.’’.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–528

(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
sections for chapter 63 of title 39, United States Code, is amended
by adding after the item relating to section 3662 the following:
‘‘3663. Annual report on international services.’’.

SEC. 649. EXTENSION OF SUNSET PROVISION. Section 2(f)(2)
of the Undetectable Firearms Act of 1988 (18 U.S.C. 922 note)
is amended by striking ‘‘(2)’’ and all that follows through ‘‘10 years’’
and inserting the following:
‘‘(2) SUNSET.—Effective 15 years’’.
SEC. 650. IMPORTATION OF CERTAIN GRAINS. (a) FINDINGS.—
The Congress finds that—
(1) importation of grains into the United States at less
than the cost to produce those grains is causing injury to
the United States producers of those grains;
(2) importation of grains into the United States at less
than the fair value of those grains is causing injury to the
United States producers of those grains;
(3) the Canadian Government and the Canadian Wheat
Board have refused to disclose pricing and cost information
necessary to determine whether grains are being exported to
the United States at prices in violation of United States trade
laws or agreements.
(b) REQUIREMENTS.—
(1) The Customs Service, consulting with the United States
Trade Representative and the Department of Commerce, shall
conduct a study of the efficiency and effectiveness of requiring
that all spring wheat, durum or barley imported into the United
States be imported into the United States through a single
port of entry.
(2) The Customs Service shall report to the Committees
on Appropriations and the Senate Committee on Finance and
the House Committee on Ways and Means not later than ninety
days after the effective date of this Act on the results of the
study required by paragraph (1).
SEC. 651. DESIGNATION OF EUGENE J. MCCARTHY POST OFFICE
BUILDING. (a) IN GENERAL.—The building of the United States
Postal Service located at 180 East Kellogg Boulevard in Saint
Paul, Minnesota, shall be known and designated as the ‘‘Eugene
J. McCarthy Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the building
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Eugene J. McCarthy Post Office Building’’.
SEC. 652. The Administrator of General Services may provide,
from government-wide credit card rebates, up to $3,000,000 in
support of the Joint Financial Management Improvement Program
as approved by the Chief Financial Officer’s Council.
SEC. 653. Section 6302(g) of title 5, United States Code, is
amended by inserting after ‘‘chapter 35’’ the following: ‘‘or section
3595’’.
SEC. 654. ASSESSMENT OF FEDERAL REGULATIONS AND POLICIES
ON FAMILIES. (a) PURPOSES.—The purposes of this section are to—
(1) require agencies to assess the impact of proposed agency
actions on family well-being; and
(2) improve the management of executive branch agencies.
(b) DEFINITIONS.—In this section—

5 USC 601 note.

112 STAT. 2681–529

PUBLIC LAW 105–277—OCT. 21, 1998

(1) the term ‘‘agency’’ has the meaning given the term
‘‘Executive agency’’ by section 105 of title 5, United States
Code, except such term does not include the General Accounting
Office; and
(2) the term ‘‘family’’ means—
(A) a group of individuals related by blood, marriage,
adoption, or other legal custody who live together as a
single household; and
(B) any individual who is not a member of such group,
but who is related by blood, marriage, or adoption to a
member of such group, and over half of whose support
in a calendar year is received from such group.
(c) FAMILY POLICYMAKING ASSESSMENT.—Before implementing
policies and regulations that may affect family well-being, each
agency shall assess such actions with respect to whether—
(1) the action strengthens or erodes the stability or safety
of the family and, particularly, the marital commitment;
(2) the action strengthens or erodes the authority and
rights of parents in the education, nurture, and supervision
of their children;
(3) the action helps the family perform its functions, or
substitutes governmental activity for the function;
(4) the action increases or decreases disposable income
or poverty of families and children;
(5) the proposed benefits of the action justify the financial
impact on the family;
(6) the action may be carried out by State or local government or by the family; and
(7) the action establishes an implicit or explicit policy
concerning the relationship between the behavior and personal
responsibility of youth, and the norms of society.
(d) GOVERNMENTWIDE FAMILY POLICY COORDINATION AND
REVIEW.—
(1) CERTIFICATION AND RATIONALE.—With respect to each
proposed policy or regulation that may affect family well-being,
the head of each agency shall—
(A) submit a written certification to the Director of
the Office of Management and Budget and to Congress
that such policy or regulation has been assessed in accordance with this section; and
(B) provide an adequate rationale for implementation
of each policy or regulation that may negatively affect
family well-being.
(2) OFFICE OF MANAGEMENT AND BUDGET.—The Director
of the Office of Management and Budget shall—
(A) ensure that policies and regulations proposed by
agencies are implemented consistent with this section; and
(B) compile, index, and submit annually to the Congress the written certifications received pursuant to paragraph (1)(A).
(3) OFFICE OF POLICY DEVELOPMENT.—The Office of Policy
Development shall—
(A) assess proposed policies and regulations in accordance with this section;
(B) provide evaluations of policies and regulations that
may affect family well-being to the Director of the Office
of Management and Budget; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–530

(C) advise the President on policy and regulatory
actions that may be taken to strengthen the institutions
of marriage and family in the United States.
(e) ASSESSMENTS UPON REQUEST BY MEMBERS OF CONGRESS.—
Upon request by a Member of Congress relating to a proposed
policy or regulation, an agency shall conduct an assessment in
accordance with subsection (c), and shall provide a certification
and rationale in accordance with subsection (d).
(f) JUDICIAL REVIEW.—This section is not intended to create
any right or benefit, substantive or procedural, enforceable at law
by a party against the United States, its agencies, its officers,
or any person.
SEC. 655. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for any system
to implement section 922(t) of title 18, United States Code, unless
the system allows, in connection with a person’s delivery of a
firearm to a Federal firearms licensee as collateral for a loan,
the background check to be performed at the time the collateral
is offered for delivery to such licensee: Provided, That the licensee
notifies local law enforcement within 48 hours of the licensee receiving a denial on the person offering the collateral: Provided further,
That the provisions of section 922(t) shall apply at the time of
the redemption of the firearm.
SEC. 656. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract
also includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with:
(1) any of the following religious plans:
(a) SelectCare
(b) Personal CaresHMO
(c) Care Choices
(d) OSF Health Plans, Inc.
(e) Yellowstone Community Health Plan; and
(2) any existing or future plan, if the plan objects to such
coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses to
prescribe contraceptives because such activities would be contrary
to the individual’s religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.
TITLE VIII—TECHNICAL AND CLARIFYING AMENDMENTS
SEC. 801. TECHNICAL AND CLARIFYING AMENDMENTS RELATING TO
DISTRICT OF COLUMBIA RETIREMENT FUNDS.

(a) PERMITTING OTHER FEDERAL ENTITIES TO
GRAM.—Section 11003 of the Balanced Budget

ADMINISTER PROAct of 1997 (DC

Code, sec. 1–761.2) is amended—
(1) in paragraph (1), by inserting ‘‘, and includes any agreement with a department, agency, or instrumentality of the
United States entered into under that section’’ after ‘‘the
Trustee’’; and
(2) in paragraph (10), by striking ‘‘, partnership, joint venture, corporation, mutual company, joint-stock company, trust,

112 STAT. 2681–531

PUBLIC LAW 105–277—OCT. 21, 1998

estate, unincorporated organization, association, or employee
organization’’ and inserting ‘‘; partnership; joint venture; corporation; mutual company; joint-stock company; trust; estate;
unincorporated organization; association; employee organization; or department, agency, or instrumentality of the United
States’’ .
(b) PERMITTING WAIVER OF RECOVERY OF AMOUNTS PAID IN
ERROR.—Section 11021(3) of such Act (DC Code, sec. 1–763.1(3))
is amended by inserting ‘‘, or waive recoupment or recovery of,’’
after ‘‘recover’’.
(c) PERMITTING USE OF TRUST FUND TO COVER ADMINISTRATIVE
EXPENSES.—Section 11032 of such Act (DC Code, sec. 1–764.2)
is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) IN GENERAL.—Amounts in the Trust Fund shall be used—
‘‘(1) to make Federal benefit payments under this subtitle;
‘‘(2) subject to subsection (b)(1), to cover the reasonable
and necessary expenses of administering the Trust Fund under
the contract entered into pursuant to section 11035(b);
‘‘(3) to cover the reasonable and necessary administrative
expenses incurred by the Secretary in carrying out the Secretary s responsibilities under this subtitle; and
‘‘(4) for such other purposes as are specified in this subtitle.’’; and
(2) in subsection (b)(2), by inserting ‘‘(including expenses
described in section 11041(b))’’ after ‘‘to administer the Trust
Fund’’.
(d) PROMOTING FLEXIBILITY IN ADMINISTRATION OF PROGRAM.—
Section 11035 of such Act (DC Code, sec. 1–764.5) is amended—
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new subsections:
‘‘(c) SUBCONTRACTS.—Notwithstanding any provision of a District Retirement Program or any other law, rule, or regulation,
the Trustee may, with the approval of the Secretary, enter into
one or more subcontracts with the District Government or any
person to provide services to the Trustee in connection with its
performance of the contract. The Trustee shall monitor the performance of any such subcontract and enforce its provisions.
‘‘(d) DETERMINATION BY THE SECRETARY.—Notwithstanding subsection (b) or any other provision of this subtitle, the Secretary
may determine, with respect to any function otherwise to be performed by the Trustee, that in the interest of economy and efficiency
such function shall be performed by the Secretary rather than
the Trustee.’’.
(e) PROCESS FOR REIMBURSEMENT OF DISTRICT GOVERNMENT
FOR EXPENSES OF INTERIM ADMINISTRATION.—Section 11041 of such
Act (DC Code, sec. 1–765.1) is amended—
(1) in subsection (b), by striking ‘‘The Trustee shall’’ and
inserting ‘‘The Secretary or the Trustee shall, at such times
during or after the period of interim administration described
in subsection (a) as are deemed appropriate by the Secretary
or the Trustee’’;
(2) in subsection (b)(1), by inserting ‘‘the Secretary or’’
after ‘‘if’’; and
(3) in subsection (c), by striking ‘‘the replacement plan
adoption date’’ and inserting ‘‘such time as the Secretary

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–532

notifies the District Government that the Secretary has directed
the Trustee to carry out the duties and responsibilities required
under the contract’’.
(f) ANNUAL FEDERAL PAYMENT INTO FEDERAL SUPPLEMENTAL
FUND.—Section 11053 of such Act (DC Code, sec. 1–766.3) is
amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) ANNUAL AMORTIZATION AMOUNT.—At the end of each
applicable fiscal year the Secretary shall promptly pay into the
Federal Supplemental Fund from the General Fund of the Treasury
an amount equal to the annual amortization amount for the year
(which may not be less than zero).’’;
(2) in subsection (b), by striking ‘‘freeze date’’ and inserting
‘‘effective date of this Act’’;
(3) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(4) by inserting after subsection (a) the following new subsection:
‘‘(b) ADMINISTRATIVE EXPENSES.—During each applicable fiscal
year, the Secretary shall pay into the Federal Supplemental Fund
from the General Fund of the Treasury amounts not to exceed
the covered administrative expenses for the year.’’.
(g) TECHNICAL CORRECTIONS.—(1) Section 11012(c) of such Act
(DC Code, sec. 1–752.2(c)) is amended by striking ‘‘District of Columbia Retirement Board’’ and inserting ‘‘District Government’’.
(2) Section 11033(c)(1) of such Act (DC Code, sec. 1–764.3(c)(1))
is amended by striking ‘‘consisting’’ in the first place that it appears.
(3) Section 11052 of such Act (DC Code, sec. 1–766.2) is amended by inserting ‘‘to’’ after ‘‘may be made only’’.
SEC. 802. CLARIFYING TREATMENT OF DISTRICT OF COLUMBIA
EMPLOYEES TRANSFERRED TO FEDERAL RETIREMENT
SYSTEMS.

(a) ELIGIBILITY OF NONJUDICIAL EMPLOYEES OF DISTRICT OF
COLUMBIA COURTS FOR MEDICARE AND SOCIAL SECURITY BENEFITS.—Section 11246(b) of the Balanced Budget Act of 1997 (Public
Law 105–33; 111 Stat. 755) is amended—
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4); and
(2) by inserting after paragraph (1) the following new paragraph:
‘‘(2) CONFORMING AMENDMENTS TO INTERNAL REVENUE
CODE AND SOCIAL SECURITY.—(A) Section 3121(b)(7)(C) of the
Internal Revenue Code of 1986 (relating to the definition of
employment for service performed in the employ of the District
of Columbia) is amended by inserting ‘(other than the Federal
Employees Retirement System provided in chapter 84 of title
5, United States Code)’ after ‘law of the United States’.
‘‘(B) Section 210(a)(7)(D) of the Social Security Act (42
U.S.C. 410(a)(7)(D)) (relating to the definition of employment
for service performed in the employ of the District of Columbia),
is amended by inserting ‘(other than the Federal Employees
Retirement System provided in chapter 84 of title 5, United
States Code)’ after ‘law of the United States.’’.
(b) VESTING UNDER PREVIOUS DISTRICT OF COLUMBIA RETIREMENT PROGRAM.—For purposes of vesting pursuant to section
2610(b) of the District of Columbia Government Comprehensive

26 USC 3121
note.
26 USC 3121; 42
USC 410.

112 STAT. 2681–533

PUBLIC LAW 105–277—OCT. 21, 1998

Merit Personnel Act of 1978 (DC Code, sec. 1–627.10(b)), creditable
service with the District for employees whose participation in the
District Defined Contribution Plan ceases as a result of the
implementation of the Balanced Budget Act of 1997 shall include—
(1) continuous service performed by nonjudicial employees
of the District of Columbia courts after September 30, 1997;
and
(2) service performed for a successor employer, including
the Department of Justice or the District of Columbia Offender
Supervision, Defender, and Courts Services Agency established
under section 11233 of the Balanced Budget Act of 1997, that
provides services previously performed by the District government.
SEC. 803. METHODOLOGY FOR DESIGNATING ASSETS OF RETIREMENT
FUND.

Section 11033 of the Balanced Budget Act of 1997 (DC Code,
sec. 1–764.3) is amended by adding at the end the following new
subsection:
‘‘(e) METHODOLOGY FOR DESIGNATING ASSETS.—
‘‘(1) IN GENERAL.—In carrying out subsection (b), the Secretary may develop and implement a methodology for designating assets after the replacement plan adoption date that takes
into account the value of the District Retirement Fund as
of the replacement plan adoption date and the proportion of
such value represented by $1.275 billion, together with the
income (including returns on investments) earned on the assets
of and withdrawals from and deposits to the Fund during
the period between such date and the date on which the Secretary designates assets under subsection (b). In implementing
a methodology under the previous sentence, the Secretary shall
not be required to determine the value of designated assets
as of the replacement plan adoption date. Nothing in this
paragraph may be deemed to effect the entitlement of the
District Retirement Fund to income (including returns on
investments) earned after the replacement plan adoption date
on assets designated for retention by the Fund.
‘‘(2) EMPLOYEE CONTRIBUTIONS; JUDICIAL RETIREMENT AND
SURVIVORS ANNUITY FUND.—The Secretary may develop and
implement a methodology comparable to the methodology
described in paragraph (1) in carrying out the requirements
of subsection (c) and in designating assets to be transferred
to the District of Columbia Judicial Retirement and Survivors
Annuity Fund pursuant to section 124(c)(1) of the District of
Columbia Retirement Reform Act (as amended by section
11252).
‘‘(3) DISCRETION OF THE SECRETARY.—The Secretary’s
development and implementation of methodologies for designating assets under this subsection shall be final and binding.’’.
SEC. 804. TECHNICAL AND CLARIFYING AMENDMENTS RELATING TO
JUDICIAL RETIREMENT PROGRAM.

(a) ADMINISTRATION OF JUDICIAL RETIREMENT AND SURVIVORS
ANNUITY FUND.—Section 11–1570, District of Columbia Code, as
amended by section 11251 of the Balanced Budget Act of 1997,
is amended as follows:
(1) In subsection (b)(1)—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–534

(A) by striking ‘‘title I of the National Capital Revitalization and Self-Government Improvement Act of 1997’’
and inserting ‘‘subtitle A of title XI of the Balanced Budget
Act of 1997’’; and
(B) by inserting after the second sentence the following
new sentences: ‘‘Notwithstanding any other provision of
District law or any other law, rule, or regulation, any
Trustee, contractor, or enrolled actuary selected by the
Secretary under this subsection may, with the approval
of the Secretary, enter into one or more subcontracts with
the District of Columbia government or any person to provide services to such Trustee, contractor, or enrolled actuary in connection with its performance of its agreement
with the Secretary. Such Trustee, contractor, or enrolled
actuary shall monitor the performance of any subcontract
to which it is a party and enforce its provisions.’’.
(2) In subsection (b)(2)—
(A) by striking ‘‘chief judges of the District of Columbia
Court of Appeals and Superior Court of the District of
Columbia’’ and inserting ‘‘Secretary’’;
(B) by striking ‘‘and the Secretary’’;
(C) by striking ‘‘and appropriations’’; and
(D) by striking ‘‘and deficiency’’.
(3) By amending subsection (c) to read as follows:
‘‘(c)(1) Amounts in the Fund are available—
‘‘(A) for the payment of judges retirement pay, annuities,
refunds, and allowances under this subchapter;
‘‘(B) to cover the reasonable and necessary expenses of
administering the Fund under any agreement entered into
with a Trustee, contractor, or enrolled actuary under subsection
(b)(1), including any agreement with a department, agency
or instrumentality of the United States; and
‘‘(C) to cover the reasonable and necessary administrative
expenses incurred by the Secretary in carrying out the Secretary s responsibilities under this subchapter.
‘‘(2) Notwithstanding any other provision of District law or
any other law, rule, or regulation—
‘‘(A) the Secretary may review benefit determinations under
this subchapter made prior to the date of the enactment of
the Balanced Budget Act of 1997, and shall make initial benefit
determinations after such date; and
‘‘(B) the Secretary may recoup or recover, or waive
recoupment or recovery of, any amounts paid under this subchapter as a result of errors or omissions by any person.’’.
(4) In subsection (d)(1)—
(A) by striking ‘‘Subject to the availability of appropriations, there shall be deposited into the Fund’’ and inserting
‘‘The Secretary shall pay into the Fund from the General
Fund of the Treasury’’; and
(B) by striking ‘‘(beginning with the first fiscal year
which ends more than 6 months after the replacement
plan adoption date described in section 103(13) of the
National Capital Revitalization and Self-Government
Improvement Act of 1997)’’.
(5) In subsection (d)(2)(A)—
(A) by striking ‘‘June 30, 1997’’ and inserting ‘‘September 30, 1997’’; and

112 STAT. 2681–535

PUBLIC LAW 105–277—OCT. 21, 1998

(B) by striking ‘‘net the sum of future normal cost’’
and inserting ‘‘net of the sum of the present value of
future normal costs’’.
(6) In subsection (d)(3), by striking ‘‘shall be taken from
sums available for that fiscal year for the payment of the
expenses of the Court, and’’.
(7) By adding at the end the following new subsections:
‘‘(h) For purposes of the Internal Revenue Code of 1986—
‘‘(1) the Fund shall be treated as a trust described in
section 401(a) of the Code that is exempt from taxation under
section 501(a) of the Code;
‘‘(2) any transfer to or distribution from the Fund shall
be treated in the same manner as a transfer to or distribution
from a trust described in section 401(a) of the Code; and
‘‘(3) the benefits provided by the Fund shall be treated
as benefits provided under a governmental plan maintained
by the District of Columbia.
‘‘(i) For purposes of the Employee Retirement Income Security
Act of 1974, the benefits provided by the Fund shall be treated
as benefits provided under a governmental plan maintained by
the District of Columbia.
‘‘(j) To the extent that any provision of subpart A of part
I of subchapter D of the chapter 1 of the Internal Revenue Code
of 1986 (26 U.S.C. 401 et seq.) is amended after the date of the
enactment of this subsection, such provision as amended shall apply
to the Fund only to the extent the Secretary determines that
application of the provision as amended is consistent with the
administration of this subchapter.
‘‘(k) Federal obligations for benefits under this subchapter are
backed by the full faith and credit of the United States.’’.
(b) REGULATORY AUTHORITY OF SECRETARY.—Section 11251 of
the Balanced Budget Act of 1997 (Public Law 105–33; 111 Stat.
756) is amended—
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following new subsection:
‘‘(b) REGULATIONS; EFFECT ON REFORM ACT.—Title 11, District
of Columbia Code, is amended by adding the following new section:
‘§ 11–1572. Regulations; effect on Reform Act.
‘(a) The Secretary is authorized to issue regulations to implement, interpret, administer and carry out the purposes of this
subchapter, and, in the Secretary’s discretion, those regulations
may have retroactive effect, except that nothing in this subsection
may be construed to permit the Secretary to issue any regulation
to retroactively reduce or eliminate the benefits to which any
individual is entitled under this subchapter.
‘(b) This subchapter supersedes any provision of the District
of Columbia Retirement Reform Act (Public Law 96-122) inconsistent with this subchapter and the regulations thereunder.’.’’; and
(3) by amending subsection (c) (as so redesignated) to read
as follows:
‘‘(c) CLERICAL AMENDMENTS.—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–536

‘‘(1) The table of sections for subchapter III of chapter
15 of title 11, District of Columbia Code, is amended by amending the item relating to section 11–1570 to read as follows:
‘11–1570. The District of Columbia Judicial Retirement and Survivors Annuity
Fund.’.

‘‘(2) The table of sections for subchapter III of chapter
15 of title 11, District of Columbia Code, is amended by adding
at the end the following new item:
‘11–1572. Regulations; effect on Reform Act.’.’’

(c) TERMINATION OF PREVIOUS FUND AND PROGRAM.—Section
124 of the District of Columbia Retirement Reform Act (DC Code,
sec. 1–714), as amended by section 11252(a) of the Balanced Budget
Act of 1997, is amended—
(1) in subsection (a), by inserting ‘‘(except as provided in
section 11–1570, District of Columbia Code)’’ after ‘‘the following’’;
(2) in subsection (c)(1), by striking ‘‘title I of the National
Capital Revitalization and Self-Government Improvement Act
of 1997’’ and inserting ‘‘subtitle A of title XI of the Balanced
Budget Act of 1997’’; and
(3) in subsection (c)(2)—
(A) by striking ‘‘(2) The’’ and inserting ‘‘(2) In accordance with the direction of the Secretary, the’’;
(B) by striking ‘‘in the Treasury’’ and inserting ‘‘at
the Board’’; and
(C) by striking ‘‘appropriated’’ and inserting ‘‘used’’.
(d) ADMINISTRATION OF RETIREMENT FUNDS.—Section 11252
of the Balanced Budget Act of 1997 is amended—
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following new subsection:
‘‘(b) TRANSITION FROM DISTRICT OF COLUMBIA ADMINISTRATION.—Sections 11023, 11032(b)(2), 11033(d), and 11041 shall apply
to the administration of the District of Columbia Judges Retirement
Fund established under section 124 of the District of Columbia
Retirement Reform Act (DC Code, sec. 1–714), the District of Columbia Judicial Retirement and Survivors Annuity Fund established
under section 11–1570, District of Columbia Code, and the retirement program for judges under subchapter III of chapter 15 of
title 11, District of Columbia Code, except as follows:
‘‘(1) In applying each such section—
‘‘(A) any reference to this subtitle shall instead refer
to subchapter III of chapter 15 of title 11, District of
Columbia Code;
‘‘(B) any reference to the District Retirement Program
shall be deemed to include the retirement program for
judges under subchapter III of chapter 15 of title 11, District of Columbia Code;
‘‘(C) any reference to the District Retirement Fund
shall be deemed to include the District of Columbia Judges
Retirement Fund established under section 124 of the District of Columbia Retirement Reform Act;
‘‘(D) any reference to Federal benefit payments shall
be deemed to include judges retirement pay, annuities,

112 STAT. 2681–537

PUBLIC LAW 105–277—OCT. 21, 1998

refunds and allowances under subchapter III of chapter
15 of title 11, District of Columbia Code;
‘‘(E) any reference to the Trust Fund shall instead
refer to the District of Columbia Judicial Retirement and
Survivors Annuity Fund established under section 11–1570,
District of Columbia Code;
‘‘(F) any reference to section 11033 shall instead refer
to section 124 of the District of Columbia Retirement
Reform Act, as amended by section 11252; and
‘‘(G) any reference to chapter 2 shall instead refer
to section 11–1570, District of Columbia Code.
‘‘(2) In applying section 11023—
‘‘(A) any reference to the contract shall instead refer
to the agreement referred to in section 11–1570(b), District
of Columbia Code; and
‘‘(B) any reference to the Trustee shall instead refer
to the Trustee or contractor referred to in section 11–
1570(b), District of Columbia Code.
‘‘(3) In applying section 11033(d)—
‘‘(A) any reference to this section shall instead refer
to section 124 of the District of Columbia Retirement
Reform Act, as amended by section 11252; and
‘‘(B) any reference to the Trustee shall instead refer
to the Secretary or the Trustee or contractor referred to
in section 11–1570(b), District of Columbia Code.
‘‘(4) In applying section 11041(b), any reference to the
Trustee shall instead refer to the Trustee or contractor referred
to in section 11–1570(b), District of Columbia Code.’’; and
(3) by adding at the end the following new subsection:
‘‘(d) EFFECTIVE DATE.—The provisions of subsection (c) shall
take effect on the date on which the assets of the District of
Columbia Judges Retirement Fund are transferred to the District
of Columbia Judicial Retirement and Survivors Annuity Fund.’’.
(e) MISCELLANEOUS TECHNICAL AND CLERICAL AMENDMENTS.—
(1) Sections 11–1568(d) and 11–1569, District of Columbia Code,
are each amended by striking ‘‘Mayor’’ each place it appears and
inserting ‘‘Secretary of the Treasury’’.
(2) Section 11–1568.2, District of Columbia Code, is amended
by striking ‘‘Mayor of the District of Columbia’’ each place it appears
and inserting ‘‘Secretary of the Treasury’’.
(3) Section 121(b)(1)(A) of the District of Columbia Retirement
Reform Act (DC Code, sec. 1–711(b)(1)(A)), as amended by section
11252(c)(1) of the Balanced Budget Act of 1997 (as redesignated
by subsection (d)(1)), is amended in the matter preceding clause
(i), by striking ‘‘11’’ and inserting ‘‘12’’.
(4) Section 11–1561(4), District of Columbia Code, as amended
by section 11253(b) of the Balanced Budget Act of 1997, is amended
by striking ‘‘sections’’ and inserting ‘‘section’’.
(5) Section 11253(c) of the Balanced Budget Act of 1997 (Public
Law 105–33; 111 Stat. 759) is amended to read as follows:
‘‘(c) TREATMENT OF FEDERAL SERVICE OF JUDGES.—Section 11–
1564, District of Columbia Code, is amended—
‘‘(1) in subsection (d)(2)(A), by striking ‘section 1–1814)’
and inserting ‘section 1–714) or the District of Columbia
Judicial Retirement and Survivors Annuity Fund (established
by section 11–1570)’; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–538

‘‘(2) in subsection (d)(4), by striking ‘Judges Retirement
Fund established by section 124(a) of the District of Columbia
Retirement Reform Act’ and inserting ‘Judicial Retirement and
Survivors Annuity Fund under section 11–1570’.’’.
(6) Section 11253 of the Balanced Budget Act of 1997 (Public
Law 105–33; 111 Stat. 759) is amended by adding at the end
the following new subsection:
‘‘(d) REDEPOSITS TO FUND.—Section 11–1568.1(4)(A), District
of Columbia Code, is amended by striking ‘Judges Retirement Fund’
and inserting ‘Judicial Retirement and Survivors Annuity Fund’.’’.
(f) EFFECTIVE DATE.—The amendments made by subsections
(a)(2), (a)(4), and (a)(6) shall take effect October 1, 1998.
SEC. 805. EFFECTIVE DATE.

Except as otherwise specifically provided, this title and the
amendments made by this title shall take effect as if included
in the enactment of title XI of the Balanced Budget Act of 1997.
TITLE IX—HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT
OF 1998
SEC. 901. SHORT TITLE. This title may be cited as the ‘‘Haitian
Refugee Immigration Fairness Act of 1998’’.
SEC. 902. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS. (a) ADJUSTMENT OF STATUS.—
(1) IN GENERAL.—The status of any alien described in subsection (b) shall be adjusted by the Attorney General to that
of an alien lawfully admitted for permanent residence, if the
alien—
(A) applies for such adjustment before April 1, 2000;
and
(B) is otherwise admissible to the United States for
permanent residence, except that, in determining such
admissibility, the grounds for inadmissibility specified in
paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section
212(a) of the Immigration and Nationality Act shall not
apply.
(2) RELATIONSHIP OF APPLICATION TO CERTAIN ORDERS.—
An alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply
for adjustment of status under paragraph (1). Such an alien
may not be required, as a condition on submitting or granting
such application, to file a separate motion to reopen, reconsider,
or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General makes a final decision to deny the application,
the order shall be effective and enforceable to the same extent
as if the application had not been made.
(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS.—The benefits
provided by subsection (a) shall apply to any alien who is a national
of Haiti who—
(1) was present in the United States on December 31,
1995, who—
(A) filed for asylum before December 31, 1995,
(B) was paroled into the United States prior to December 31, 1995, after having been identified as having a

26 USC 3121
note.

Haitian Refugee
Immigration
Fairness Act of
1998.
8 USC 1101 note.
8 USC 1255 note.

112 STAT. 2681–539

PUBLIC LAW 105–277—OCT. 21, 1998

credible fear of persecution, or paroled for emergent reasons
or reasons deemed strictly in the public interest, or
(C) was a child (as defined in the text above subparagraph (A) of section 101(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)(1)) at the time of arrival
in the United States and on December 31, 1995, and who—
(i) arrived in the United States without parents
in the United States and has remained without parents
in the United States since such arrival,
(ii) became orphaned subsequent to arrival in the
United States, or
(iii) was abandoned by parents or guardians prior
to April 1, 1998 and has remained abandoned since
such abandonment; and
(2) has been physically present in the United States for
a continuous period beginning not later than December 31,
1995, and ending not earlier than the date the application
for such adjustment is filed, except that an alien shall not
be considered to have failed to maintain continuous physical
presence by reason of an absence, or absences, from the United
States for any period or periods amounting in the aggregate
to not more than 180 days.
(c) STAY OF REMOVAL.—
(1) IN GENERAL.—The Attorney General shall provide by
regulation for an alien who is subject to a final order of deportation or removal or exclusion to seek a stay of such order
based on the filing of an application under subsection (a).
(2) DURING CERTAIN PROCEEDINGS.—Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the
United States, if the alien is in exclusion, deportation, or
removal proceedings under any provision of such Act and has
applied for adjustment of status under subsection (a), except
where the Attorney General has made a final determination
to deny the application.
(3) WORK AUTHORIZATION.—The Attorney General may
authorize an alien who has applied for adjustment of status
under subsection (a) to engage in employment in the United
States during the pendency of such application and may provide
the alien with an ‘‘employment authorized’’ endorsement or
other appropriate document signifying authorization of employment, except that if such application is pending for a period
exceeding 180 days, and has not been denied, the Attorney
General shall authorize such employment.
(d) ADJUSTMENT OF STATUS FOR SPOUSES AND CHILDREN.—
(1) IN GENERAL.—The status of an alien shall be adjusted
by the Attorney General to that of an alien lawfully admitted
for permanent residence, if—
(A) the alien is a national of Haiti;
(B) the alien is the spouse, child, or unmarried son
or daughter, of an alien whose status is adjusted to that
of an alien lawfully admitted for permanent residence
under subsection (a), except that, in the case of such an
unmarried son or daughter, the son or daughter shall be
required to establish that he or she has been physically
present in the United States for a continuous period beginning not later than December 31, 1995, and ending not

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112 STAT. 2681–540

earlier than the date the application for such adjustment
is filed;
(C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and
(D) the alien is otherwise admissible to the United
States for permanent residence, except that, in determining
such admissibility, the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section
212(a) of the Immigration and Nationality Act shall not
apply.
(2) PROOF OF CONTINUOUS PRESENCE.—For purposes of
establishing the period of continuous physical presence referred
to in paragraph (1)(B), an alien shall not be considered to
have failed to maintain continuous physical presence by reason
of an absence, or absences, from the United States for any
period or periods amounting in the aggregate to not more
than 180 days.
(e) AVAILABILITY OF ADMINISTRATIVE REVIEW.—The Attorney
General shall provide to applicants for adjustment of status under
subsection (a) the same right to, and procedures for, administrative
review as are provided to—
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section
240 of such Act.
(f) LIMITATION ON JUDICIAL REVIEW.—A determination by the
Attorney General as to whether the status of any alien should
be adjusted under this section is final and shall not be subject
to review by any court.
(g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—When an
alien is granted the status of having been lawfully admitted for
permanent resident pursuant to this section, the Secretary of State
shall not be required to reduce the number of immigrant visas
authorized to be issued under any provision of the Immigration
and Nationality Act.
(h) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVISIONS.—Except as otherwise specifically provided in this title, the
definitions contained in the Immigration and Nationality Act shall
apply in the administration of this section. Nothing contained in
this title shall be held to repeal, amend, alter, modify, effect, or
restrict the powers, duties, functions, or authority of the Attorney
General in the administration and enforcement of such Act or
any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the
status of having been lawfully admitted for permanent residence
under this section shall not preclude the alien from seeking such
status under any other provision of law for which the alien may
be eligible.
(i) ADJUSTMENT OF STATUS HAS NO EFFECT ON ELIGIBILITY
FOR WELFARE AND PUBLIC BENEFITS.—No alien whose status has
been adjusted in accordance with this section and who was not
a qualified alien on the date of enactment of this Act may, solely
on the basis of such adjusted status, be considered to be a qualified
alien under section 431(b) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)), as amended by section 5302 of the Balanced Budget Act of 1997 (Public

112 STAT. 2681–541

8 USC 1377.

PUBLIC LAW 105–277—OCT. 21, 1998

Law 105–33; 111 Stat. 598), for purposes of determining the alien’s
eligibility for supplemental security income benefits under title
XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or medical
assistance under title XIX of such Act (42 U.S.C. 1396 et seq.).
(j) PERIOD OF APPLICABILITY.—Subsection (i) shall not apply
after October 1, 2003.
(k) Not later than 6 months after the date of the enactment
of this Act, and every 6 months thereafter (until all applications
for adjustment of status under this section have been finally adjudicated), the Comptroller General of the United States shall submit
to the Committees on the Judiciary and the Committees on Appropriations of the United States House of Representatives and the
United States Senate a report containing the following:
(1)(A) The number of aliens who applied for adjustment
of status under subsection (a), including a breakdown specifying
the number of such applicants who are described in subparagraph (A), (B), or (C) of subsection (b)(1), respectively.
(B) The number of aliens described in subparagraph (A)
whose status was adjusted under this section, including a
breakdown described in the subparagraph.
(2)(A) The number of aliens who applied for adjustment
of status under subsection (d), including a breakdown specifying
the number of such applicants who are sponsors, children,
or unmarried sons or daughters described in such subsection,
respectively.
(B) The number of aliens described in subparagraph (A)
whose status was adjusted under this section, including a
breakdown described in the subparagraph.
SEC. 903. COLLECTION OF DATA ON DETAINED ASYLUM SEEKERS.
(a) IN GENERAL.—The Attorney General shall regularly collect data
on a nation-wide basis with respect to asylum seekers in detention
in the United States, including the following information:
(1) The number of detainees.
(2) An identification of the countries of origin of the
detainees.
(3) The percentage of each gender within the total number
of detainees.
(4) The number of detainees listed by each year of age
of the detainees.
(5) The location of each detainee by detention facility.
(6) With respect to each facility where detainees are held,
whether the facility is also used to detain criminals and whether
any of the detainees are held in the same cells as criminals.
(7) The number and frequency of the transfers of detainees
between detention facilities.
(8) The average length of detention and the number of
detainees by category of the length of detention.
(9) The rate of release from detention of detainees for
each district of the Immigration and Naturalization Service.
(10) A description of the disposition of cases.
(b) ANNUAL REPORTS.—Beginning October 1, 1999, and not
later than October 1 of each year thereafter, the Attorney General
shall submit to the Committee on the Judiciary of each House
of Congress a report setting forth the data collected under subsection (a) for the fiscal year ending September 30 of that year.
(c) AVAILABILITY TO PUBLIC.—Copies of the data collected under
subsection (a) shall be made available to members of the public

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–542

upon request pursuant to such regulations as the Attorney General
shall prescribe.
SEC. 904. COLLECTION OF DATA ON OTHER DETAINED ALIENS.
(a) IN GENERAL.—The Attorney General shall regularly collect data
on a nationwide basis on aliens being detained in the United
States by the Immigration and Naturalization Service other than
the aliens described in section 903, including the following information:
(1) The number of detainees who are criminal aliens and
the number of detainees who are noncriminal aliens who are
not seeking asylum.
(2) An identification of the ages, gender, and countries
of origin of detainees within each category described in paragraph (1).
(3) The types of facilities, whether facilities of the Immigration and Naturalization Service or other Federal, State, or
local facilities, in which each of the categories of detainees
described in paragraph (1) are held.
(b) LENGTH OF DETENTION, TRANSFERS, AND DISPOSITIONS.—
With respect to detainees who are criminal aliens and detainees
who are noncriminal aliens who are not seeking asylum, the Attorney General shall also collect data concerning—
(1) the number and frequency of transfers between detention facilities for each category of detainee;
(2) the average length of detention of each category of
detainee;
(3) for each category of detainee, the number of detainees
who have been detained for the same length of time, in 3month increments;
(4) for each category of detainee, the rate of release from
detention for each district of the Immigration and Naturalization Service; and
(5) for each category of detainee, the disposition of detention, including whether detention ended due to deportation,
release on parole, or any other release.
(c) CRIMINAL ALIENS.—With respect to criminal aliens, the
Attorney General shall also collect data concerning—
(1) the number of criminal aliens apprehended under the
immigration laws and not detained by the Attorney General;
and
(2) a list of crimes committed by criminal aliens after
the decision was made not to detain them, to the extent this
information can be derived by cross-checking the list of criminal
aliens not detained with other databases accessible to the Attorney General.
(d) ANNUAL REPORTS.—Beginning on October 1, 1999, and not
later than October 1 of each year thereafter, the Attorney General
shall submit to the Committee on the Judiciary of each House
of Congress a report setting forth the data collected under subsections (a), (b), and (c) for the fiscal year ending September 30
of that year.
(e) AVAILABILITY TO PUBLIC.—Copies of the data collected under
subsections (a), (b), and (c) shall be made available to members
of the public upon request pursuant to such regulations as the
Attorney General shall prescribe.
This Act may be cited as the ‘‘Treasury and General Government Appropriations Act, 1999’’.

8 USC 1378.

112 STAT. 2681–543

PUBLIC LAW 105–277—OCT. 21, 1998

SEC. 102. For the purpose of carrying out the provisions of
the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C.
ch. 12A), including hire, maintenance, and operation of aircraft,
and purchase and hire of passenger motor vehicles, $50,000,000
is hereby appropriated: Provided, That use of the funds provided
herein is limited to the purposes for which funds were provided
under this heading in Public Law 105–62: Provided further, That
of the amounts appropriated under this section, $7,000,000 shall
be available for operation, maintenance, surveillance, and improvement of Land Between the Lakes.
SEC. 103. REPURCHASE OF BONDS BY THE TENNESSEE VALLEY
AUTHORITY. (a) REPURCHASE.—Notwithstanding any other provision
of law or any term contained in any bond issued by the Tennessee
Valley Authority to the Federal Financing Bank—
(1) subject to subsection (b), the Tennessee Valley Authority
shall have the right to repurchase all such bonds by payment
of the principal amount of the bonds plus interest to the date
of repurchase;
(2) the Federal Financing Bank shall not require payment
from the Tennessee Valley Authority of any additional amount
in connection with the repurchase; and
(3) there is hereby appropriated to the Federal Financing
Bank such amounts as may be necessary to pay the difference
between (1) the amount that the Tennessee Valley Authority
paid to the Federal Financing Bank to prepay its outstanding
loans from the Federal Financing Bank under this section
and (2) the amount that the Federal Financing Bank would
have received otherwise.
(b) NO FURTHER FINANCING.—Notwithstanding any other law,
after the date of repurchase of bonds under subsection (a), the
Tennessee Valley Authority shall not be entitled or permitted to
obtain financing from the Federal Financing Bank.
(c) USE OF SAVINGS.—
(1) IN GENERAL.—From non-appropriated funds, beginning
on the date of repurchase of bonds and ending on the date
on which the bonds would have matured but for this section,
amounts that, as determined under paragraph (2), are equivalent to amounts that the Tennessee Valley Authority saves
as a result of the repurchase of bonds shall be used to reduce
debt of the Tennessee Valley Authority.
(2) DETERMINATION OF AMOUNT OF SAVINGS.—On each date
on which a payment of interest would have been made on
a repurchased bond if the bond had not been repurchased,
the Tennessee Valley Authority shall be considered to realize
a saving in the amount of the difference between—
(A) the amount of interest that would have been due
at the rate of interest specified in the bond; and
(B) the amount of interest that would have been due
if the rate of interest specified in the bond had been the
yield to maturity of a marketable public obligation of the
United States with a maturity of 10 years as of September
30, 1997.
SEC. 104. Section 312 of Public Law 105–245, the Energy and
Water Development Appropriations Act, 1999, is repealed.
SEC. 105. An additional amount of $35,000,000, to remain available until expended, for Department of Defense—Civil, Department
of the Army, Corps of Engineers—Civil, ‘‘Construction, General’’,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–544

is hereby appropriated for the Columbia River Fish Mitigation,
Washington, Oregon, and Idaho, project.
SEC. 106. The Secretary of the Army, acting through the Chief
of Engineers, is directed to use $1,500,000 of the funds previously
appropriated in ‘‘Construction, General’’, for the Lackawanna River,
Scranton, Pennsylvania, project to initiate construction of the Delaware River Mainstem and Channel Deepening, Delaware, New Jersey, and Pennsylvania, project. The Secretary of the Army, acting
through the Chief of Engineers, is directed to use $400,000 of
the funds previously appropriated in ‘‘Construction, General’’, for
the Lackawanna River, Scranton, Pennsylvania, project to initiate
a comprehensive review of aquatic ecosystem restoration initiatives
in the Upper Susquehanna-Lackawanna Watershed under the
Aquatic Ecosystem Restoration (Section 206) program. Subject to
enactment of authorizing legislation, the Secretary of the Army,
acting through the Chief of Engineers, is directed to use $340,000
of the available ‘‘Construction, General’’ funds to initiate construction of the Pierre, South Dakota, flood mitigation project. The
Secretary of the Army, acting through the Chief of Engineers,
is directed to use $1,500,000 of the funds appropriated in ‘‘Construction, General’’, in Public Law 105–245 for the South Central Pennsylvania Environment Improvement Program only for water-related
environmental infrastructure and resource protection and development projects in Allegheny County, Pennsylvania, in accordance
with the purposes of subsection (a) and requirements of subsections
(b) through (e) of section 313 of the Water Resources Development
Act of 1992, as amended.
SEC. 107. The Secretary of the Army, acting through the Chief
of Engineers, is authorized and directed to use $750,000 of available
‘‘Construction, General’’ funds for engineering and design, and
repair of the Archusa Dam and appurtenant structures located
in Quitman, Mississippi.
SEC. 108. An additional amount of $60,000,000 for Department
of Energy—Energy Programs, ‘‘Energy Supply’’, is hereby appropriated to remain available until September 30, 2000.
SEC. 109. An additional amount of $15,000,000, to remain available until expended, for Department of Energy—Energy Programs,
‘‘Science’’, is hereby appropriated.
SEC. 110. LAKE POWELL. No funds appropriated by this Act
or any other Act for fiscal year 1999 shall be used to study or
implement any plan to drain Lake Powell or decommission the
Glen Canyon Dam.
SEC. 111. Notwithstanding any other provision of law, for necessary expenses relating to construction of, and improvements to,
surface transportation projects located in the Commonwealth of
Massachusetts, $100,000,000, to remain available until expended.
SEC. 112. Notwithstanding any other provision of law, for necessary expenses relating to construction of, and improvements to,
Corridor X of the Appalachian development highway system located
in the State of Alabama, $100,000,000, to remain available until
expended.
SEC. 113. Notwithstanding any other provision of law, for necessary expenses relating to construction of, and improvements to,
the Appalachian development highway system in the State of West
Virginia, $32,000,000, to remain available until expended.
SEC. 114. Notwithstanding any other provision of law, for necessary expenses relating to construction of, and improvements to,

112 STAT. 2681–545

PUBLIC LAW 105–277—OCT. 21, 1998

highway projects in the corridor designated by section
1105(c)(18)(C)(ii) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032–2033), as amended by section
1211(i) of the Transportation Equity Act for the 21st Century,
$100,000,000, to remain available until expended.
SEC. 115. Notwithstanding any other provision of law, to enable
the Secretary of Transportation to make grants to the Alaska Railroad, $28,000,000, to remain available until expended, which shall
be for capital improvements benefiting its passenger rail operations.
SEC. 116. Of the unobligated balances authorized in Public
Law 102–240 under 49 U.S.C. 5338(b)(1), $392,000,000 is rescinded.
SEC. 117. Notwithstanding any other provision of law, within
the funding made available in the Department of Transportation
and Related Agencies Appropriations Act, 1999 for discretionary
grants under the obligation limitation for Federal Aviation Administration, ‘‘Grants-in-Aid for Airports’’ in fiscal year 1999, not less
than $11,250,000 shall be made available for capital improvement
projects at the Wilkes-Barre/Scranton International Airport.
SEC. 118. Notwithstanding any other provision of law, within
the funding made available in the Department of Transportation
and Related Agencies Appropriations Act, 1999 for discretionary
grants under the obligation limitation for Federal Aviation Administration, ‘‘Grants-in-Aid for Airports’’ in fiscal year 1999, not less
than $7,000,000 shall be made available for capital improvement
projects at the Minneapolis-St. Paul International Airport.
SEC. 119. The Legislative Branch Appropriations Act, 1999,
is amended by amending the item relating to ‘‘JOINT ITEMS—
Joint Committee on Printing’’ to read as follows:
‘‘JOINT COMMITTEE

ON

PRINTING

‘‘For salaries and expenses of the Joint Committee on Printing,
$202,000, to be disbursed by the Secretary of the Senate, together
with an additional amount of $150,000 if there is enacted into
law legislation which transfers the legislative and oversight responsibilities of the Joint Committee on Printing to the Committee
on House Oversight of the House of Representatives: Provided,
That such additional amount shall be transferred to the Committee
on House Oversight of the House of Representatives and made
available beginning January 1, 1999: Provided further, That such
additional amount shall be disbursed by the Chief Administrative
Officer of the House of Representatives.’’.
SEC. 120. For carrying out the provisions of division C, title
II of this Act, $30,000,000, including $750,000 for the cost of the
direct loan under section 207(a), $20,000,000 for the payments
in section 207(d), $250,000 for the cost of direct loans under section
211(e), $1,000,000 for the cost of a direct loan in the Bering Sea
and Aleutian Islands crab fisheries under the authority of section
312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)), and $6,000,000 and $2,000,000 for
the Secretary of Commerce and Secretary of Transportation, respectively, to implement division C, title II.
SEC. 121. In addition to amounts provided in the conference
report accompanying H.R. 4194 (H. Rept. 105–769), the following
funds are hereby appropriated: $10,000,000 for ‘‘Housing opportunities for persons with AIDS’’, to remain available until expended;
$45,000,000 to the Secretary of Housing and Urban Development

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–546

for ‘‘Urban Empowerment Zones’’ for grants in connection with
a second round of the empowerment zones program in urban areas,
designated by the Secretary of Housing and Urban Development
in fiscal year 1999 pursuant to the Taxpayer Relief Act of 1997,
including $3,000,000 for each empowerment zone for use in conjunction with economic development activities consistent with the strategic plan of each empowerment zone, to remain available until
expended; $20,000,000 for ‘‘State and tribal assistance grants’’ for
a grant for construction and related activities for wastewater treatment for Boston, Massachusetts, to remain available until expended;
$10,000,000 for ‘‘National and community service programs operating expenses’’ for grants under the National Service Trust program
authorized under subtitle C of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12571 et seq.) (relating to activities
including the AmeriCorps program), to remain available until
September 30, 2000: Provided, That none of the funds provided
herein for ‘‘National and community service programs operating
expenses’’ may be used to administer, reimburse, or support any
national service program authorized under section 121(d)(2) of the
aforementioned Act; $10,000,000 for ‘‘Science and technology’’, for
research associated with the Climate Change Technology Initiative,
to remain available until September 30, 2000: Provided further,
That the obligated balance of such $10,000,000 shall remain available through September 30, 2007 for liquidating obligations made
in fiscal years 1999 and 2000; and $15,000,000 for ‘‘Community
development financial institutions fund program account’’, to remain
available until September 30, 2000.
Of the amount appropriated in H.R. 4194, the Departments
of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999, under the heading
‘‘Community development block grants’’, $4,750,000 shall be available as a grant to Cayuga County, New York, to repair and rehabilitate the seawalls at the Owasco Lake outlet, and $250,000 shall
be available as a grant to Jackson, Michigan, to remove a portion
of the Grand River culvert in Jackson, Michigan.
SEC. 122. Upon enactment of H.R. 4194, the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999, section 202 of that
Act is hereby repealed.
SEC. 123. Section 513(a) of the ‘‘Quality Housing and Work
Responsibility Act of 1998’’ is amended, upon enactment, by inserting after ‘‘40 percent’’ at the end of proposed section 16(c)(3) of
the United States Housing Act of 1937, as set forth in section
513(a), the following: ‘‘shall be available for leasing only by families
whose incomes at the time of commencement of occupancy do not
exceed 30 percent of the area median income, as determined by
the Secretary with adjustments for smaller and larger families.’’.
SEC. 124. Notwithstanding the third undesignated paragraph
under the heading ‘‘Community development block grants’’ under
title II of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act,
1999, of the amount made available under such heading for the
city of Oklahoma City, Oklahoma, up to 50 percent of such amount
shall be available to such city for payment of claims for bomb
damage and repairs for infrastructure located in the area described
in clause (1) of such undesignated paragraph. Any amounts available for use under such undesignated paragraph that are not

12 USC 1454,
4513.
42 USC 1437n.

112 STAT. 2681–547

Trade Deficit
Review
Commission Act.
19 USC 2213
note.

PUBLIC LAW 105–277—OCT. 21, 1998

expended to pay such claims or for such repairs shall be utilized
for the revolving loan pool described in such undesignated paragraph.
SEC. 125. Of the amounts earmarked in the Joint Explanatory
Statement of the Committee of Conference accompanying H.R. 4194
for grants targeted for economic investments, $2,000,000 made
available to the Hawaii Housing Authority for work associated
with the construction of the Community Resource Center at Kuhio
Homes/Kuhio Park Terrace in Honolulu, Hawaii shall instead be
made available to the Housing and Community Development Corporation of Hawaii for the same purpose.
SEC. 126. If the President makes the appointment to the position of Under Secretary for Health of the Department of Veterans
Affairs authorized by section 907 of the Veterans Programs
Enhancement Act of 1998, the individual appointed shall receive
the pay and allowances authorized for that position as if the
appointment had been made on September 29, 1998, except that
the amount of such pay and allowances that is attributable to
the period beginning on September 29, 1998, and ending on the
day before the date of that appointment shall be reduced by any
amount paid that individual by the United States for personal
services performed during that period.
SEC. 127. TRADE DEFICIT REVIEW COMMISSION. (a) SHORT
TITLE.—This section may be cited as the ‘‘Trade Deficit Review
Commission Act’’.
(b) FINDINGS.—Congress makes the following findings:
(1) The United States continues to run substantial merchandise trade and current account deficits.
(2) Economic forecasts anticipate continued growth in such
deficits in the next few years.
(3) The positive net international asset position that the
United States built up over many years was eliminated in
the 1980s. The United States today has become the world’s
largest debtor nation.
(4) The United States merchandise trade deficit is
characterized by large bilateral trade imbalances with a handful
of countries.
(5) The United States has one of the most open borders
and economies in the world. The United States faces significant
tariff and nontariff trade barriers with its trading partners.
The United States does not benefit from fully reciprocal market
access.
(6) The United States is once again at a critical juncture
in trade policy development. The nature of the United States
trade deficit and its causes and consequences must be analyzed
and documented.
(c) ESTABLISHMENT OF COMMISSION.—
(1) ESTABLISHMENT.—There is established a commission
to be known as the Trade Deficit Review Commission (hereafter
in this section referred to as the ‘‘Commission’’).
(2) PURPOSE.—The purpose of the Commission is to study
the nature, causes, and consequences of the United States
merchandise trade and current account deficits.
(3) MEMBERSHIP OF COMMISSION.—
(A) COMPOSITION.—The Commission shall be composed
of 12 members as follows:

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–548

(i) Three persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the Majority Leader of the Senate, after consultation with the Chairman of the Committee on
Finance.
(ii) Three persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the Minority Leader of the Senate, after consultation with the ranking minority member of the
Committee on Finance.
(iii) Three persons shall be appointed by the
Speaker of the House of Representatives, after consultation with the Chairman of the Committee on Ways
and Means.
(iv) Three persons shall be appointed by the Minority Leader of the House of Representatives, after consultation with the ranking minority member of the
Committee on Ways and Mean.
(B) QUALIFICATIONS OF MEMBERS.—
(i) APPOINTMENTS.—Persons who are appointed
under subparagraph (A) shall be persons who—
(I) have expertise in economics, international
trade, manufacturing, labor, environment, business, or have other pertinent qualifications or
experience; and
(II) are not officers or employees of the United
States.
(ii) OTHER CONSIDERATIONS.—In appointing
Commission members, every effort shall be made to
ensure that the members—
(I) are representative of a broad cross-section
of economic and trade perspectives within the
United States; and
(II) provide fresh insights to analyzing the
causes and consequences of United States merchandise trade and current account deficits.
(4) PERIOD OF APPOINTMENT; VACANCIES.—
(A) IN GENERAL.—Members shall be appointed not later
than 60 days after the date of enactment of this Act and
the appointment shall be for the life of the Commission.
(B) VACANCIES.—Any vacancy in the Commission shall
not affect its powers, but shall be filled in the same manner
as the original appointment.
(5) INITIAL MEETING.—Not later than 30 days after the
date on which all members of the Commission have been
appointed, the Commission shall hold its first meeting.
(6) MEETINGS.—The Commission shall meet at the call
of the Chairperson.
(7) CHAIRPERSON AND VICE CHAIRPERSON.—The members
of the Commission shall elect a chairperson and vice chairperson from among the members of the Commission.
(8) QUORUM.—A majority of the members of the Commission shall constitute a quorum for the transaction of business.
(9) VOTING.—Each member of the Commission shall be
entitled to 1 vote, which shall be equal to the vote of every
other member of the Commission.
(d) DUTIES OF THE COMMISSION.—

112 STAT. 2681–549

PUBLIC LAW 105–277—OCT. 21, 1998

(1) IN GENERAL.—The Commission shall be responsible for
examining the nature, causes, and consequences of, and the
accuracy of available data on, the United States merchandise
trade and current account deficits.
(2) ISSUES TO BE ADDRESSED.—The Commission shall examine and report to the President, the Committee on Ways and
Means of the House of Representatives, the Committee on
Finance of the Senate, and other appropriate committees of
Congress on the following:
(A) The relationship of the merchandise trade and
current account balances to the overall well-being of the
United States economy, and to wages and employment
in various sectors of the United States economy.
(B) The impact that United States monetary and fiscal
policies may have on United States merchandise trade
and current account deficits.
(C) The extent to which the coordination, allocation,
and accountability of trade responsibilities among Federal
agencies may contribute to the trade and current account
deficits.
(D) The causes and consequences of the merchandise
trade and current account deficits and specific bilateral
trade deficits, including—
(i) identification and quantification of—
(I) the macroeconomic factors and bilateral
trade barriers that may contribute to the United
States merchandise trade and current account deficits;
(II) any impact of the merchandise trade and
current account deficits on the domestic economy,
industrial base, manufacturing capacity, technology, number and quality of jobs, productivity,
wages, and the United States standard of living;
(III) any impact of the merchandise trade and
current account deficits on the defense production
and innovation capabilities of the United States;
and
(IV) trade deficits within individual industrial,
manufacturing, and production sectors, and any
relationship between such deficits and the increasing volume of intra-industry and intra-company
transactions;
(ii) a review of the adequacy and accuracy of the
current collection and reporting of import and export
data, and the identification and development of additional data bases and economic measurements that
may be needed to properly quantify the merchandise
trade and current account balances, and any impact
the merchandise trade and current account balances
may have on the United States economy; and
(iii) the extent to which there is reciprocal market
access substantially equivalent to that afforded by the
United States in each country with which the United
States has a persistent and substantial bilateral trade
deficit, and the extent to which such deficits have
become structural.

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112 STAT. 2681–550

(E) Any relationship of United States merchandise
trade and current account deficits to both comparative and
competitive trade advantages within the global economy,
including—
(i) a systematic analysis of the United States trade
patterns with different trading partners and to what
extent the trade patterns are based on comparative
and competitive trade advantages;
(ii) the extent to which the increased mobility of
capital and technology has changed both comparative
and competitive trade advantages;
(iii) any impact that labor, environmental, or
health and safety standards may have on comparative
and competitive trade advantages;
(iv) the effect that offset and technology transfer
agreements have on the long-term competitiveness of
the United States manufacturing sectors; and
(v) any effect that international trade, labor,
environmental, or other agreements may have on
United States competitiveness.
(F) The extent to which differences in the growth rates
of the United States and its trading partners may impact
on United States merchandise trade and current account
deficits.
(G) The impact that currency exchange rate fluctuations and any manipulation of exchange rates may have
on United States merchandise trade and current account
deficits.
(H) The flow of investments both into and out of the
United States, including—
(i) any consequences for the United States economy
of the current status of the United States as a debtor
nation;
(ii) any relationship between such investment flows
and the United States merchandise trade and current
account deficits and living standards of United States
workers;
(iii) any impact such investment flows may have
on United States labor, community, environmental, and
health and safety standards, and how such investment
flows influence the location of manufacturing facilities;
and
(iv) the effect of barriers to United States foreign
direct investment in developed and developing nations,
particularly nations with which the United States has
a merchandise trade and current account deficit.
(e) FINAL REPORT.—
(1) IN GENERAL.—Not later than 12 months after the date
of the initial meeting of the Commission, the Commission shall
submit to the President and Congress a final report which
contains—
(A) the findings and conclusions of the Commission
described in subsection (d); and
(B) recommendations for addressing the problems
identified as part of the Commission’s analysis.

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PUBLIC LAW 105–277—OCT. 21, 1998

(2) SEPARATE VIEWS.—Any member of the Commission may
submit additional findings and recommendations as part of
the final report.
(f) POWERS OF COMMISSION.—
(1) HEARINGS.—The Commission may hold such hearings,
sit and act at such times and places, take such testimony,
and receive such evidence as the Commission may find advisable to fulfill the requirements of this section. The Commission
shall hold at least 1 or more hearings in Washington, D.C.,
and 4 in different regions of the United States.
(2) INFORMATION FROM FEDERAL AGENCIES.—The Commission may secure directly from any Federal department or agency
such information as the Commission considers necessary to
carry out the provisions of this section. Upon request of the
Chairperson of the Commission, the head of such department
or agency shall furnish such information to the Commission.
(3) POSTAL SERVICES.—The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(g) COMMISSION PERSONNEL MATTERS.—
(1) COMPENSATION OF MEMBERS.—Each member of the
Commission shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed for level
IV of the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Commission.
(2) TRAVEL EXPENSES.—The members of the Commission
shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(3) STAFF.—
(A) IN GENERAL.—The Chairperson of the Commission
may, without regard to the civil service laws and regulations, appoint and terminate an executive director and
such other additional personnel as may be necessary to
enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.
(B) COMPENSATION.—The Chairperson of the Commission may fix the compensation of the executive director
and other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of
pay for the executive director and other personnel may
not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
(4) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal
Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(5) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–552

5, United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of such title.
(h) SUPPORT SERVICES.—The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administrative support services as the Commission
may request.
(i) APPROPRIATIONS.—There are appropriated $2,000,000 to the
Commission to carry out the provisions of this section.
SEC. 128. None of the funds provided or otherwise made available in this Division of this Act shall remain available for obligation
beyond the current fiscal year unless expressly so provided herein.
SEC. 130. Notwithstanding section 11031 of the National Capital Revitalization and Self-Government Improvement Act of 1997
or any other provision of law and not later than September 30,
1999, the Secretary of the Treasury shall invest, or direct the
Trustee to invest, the assets of the Trust Fund in public debt
securities with maturities suitable to the needs of the Trust Fund,
as determined by the Secretary, and bearing interest at rates determined by the Secretary, taking into consideration current market
yields on outstanding marketable obligations of the United States
of comparable maturities .
SEC. 131. To capitalize the District of Columbia National Capital Revitalization Corporation, as authorized by the District Council, $25,000,000 to remain available until expended for economic
development planning, project development, capital investments,
loans, grants, administrative expenses and other purposes included
in the District Council’s authorizing legislation: Provided, That
no funds shall be available unless the Secretary of the Treasury,
in consultation with the Director of the Office of Management
and Budget, determines that the Corporation advances the purposes
of the National Capital Revitalization and Self-Government
Improvement Act of 1997: Provided further, That the Secretary,
after apportionment pursuant to 31 U.S.C. 1512, may provide for
the disbursement of funds in the manner provided for Federal
grant programs.
SEC. 132. For a Federal payment to the District of Columbia
Public Schools, $30,000,000, for special education costs.
SEC. 133. For payment to the District of Columbia, $20,000,000
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 for Year 2000 information technology and related
chip replacement projects approved by the Authority: Provided,
That, for purposes of any appropriations made by this or any
other Act, for emergency expenses related to Year 2000 conversion
of Federal information technology systems, and related expenses,
the Government of the District of Columbia shall be considered
an agency of the United States Government: Provided further, That,
any funds provided pursuant to the preceding proviso shall be
in addition to funds appropriated directly under this paragraph.
SEC. 134. For a Federal contribution to the District of Columbia
for 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

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PUBLIC LAW 105–277—OCT. 21, 1998

roads, highways, bridges and transit in the District of Columbia
and other economic development projects and planning in the District of Columbia, $50,000,000, to remain available until expended.
DIVISION B—EMERGENCY SUPPLEMENTAL
APPROPRIATIONS
TITLE I—MILITARY READINESS AND OVERSEAS
CONTINGENCY OPERATIONS
CHAPTER 1
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$10,000,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the 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.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel, Navy’’,
$33,300,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent that an official budget request
for $33,300,000, 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.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $8,900,000: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent that an official budget request
for $8,900,000, 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.

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112 STAT. 2681–554

RESERVE PERSONNEL, NAVY
For an additional amount for ‘‘Reserve Personnel, Navy’’,
$10,000,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the 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.
OPERATION AND MAINTENANCE
OPERATION

AND

MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance,
Army’’, $314,500,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for $314,500,000, 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.
OPERATION

AND

MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $232,600,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for $232,600,000, 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.
OPERATION

AND

MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $52,400,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for $52,400,000, 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.

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PUBLIC LAW 105–277—OCT. 21, 1998
OPERATION

AND

MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $303,000,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for $303,000,000, 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.
OPERATION

AND

MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $1,496,600,000, to remain available for obligation
until expended: Provided, That the Secretary of Defense may transfer these funds to appropriations accounts for operation and maintenance; procurement; and research, development, test and evaluation: Provided further, That the funds transferred shall be merged
with and be available for the same purposes and for the same
time period as the appropriation to which transferred: Provided
further, That the transfer authority provided under this heading
is in addition to any other transfer authority available to the
Department of Defense: Provided further, That the entire amount
made available under this heading is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
a specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
OPERATION

AND

MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance,
Army Reserve’’, $3,000,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the
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.
OPERATION

AND

MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance,
Marine Corps Reserve’’, $3,300,000: Provided, That the entire
amount is designated by the Congress as an emergency requirement

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–556

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent that
an official budget request for $3,300,000, 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.
OPERATION

AND

MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance,
Air Force Reserve’’, $9,000,000: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent that an
official budget request for $9,000,000, 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.
OPERATION

AND

MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance,
Army National Guard’’, $50,000,000: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent that
an official budget request for $50,000,000, 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.
OPERATION

AND

MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance,
Air National Guard’’, $21,000,000: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent that an
official budget request for $21,000,000, 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.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Overseas Contingency Operations
Transfer Fund’’, $1,858,600,000, to remain available for obligation
until expended: Provided, That of the amounts provided under

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PUBLIC LAW 105–277—OCT. 21, 1998

this heading, the following amounts shall be transferred to the
specified accounts:
‘‘Military Personnel, Army’’, $310,600,000;
‘‘Military Personnel, Navy’’, $9,275,000;
‘‘Military Personnel, Marine Corps’’, $2,748,000;
‘‘Military Personnel, Air Force’’, $17,000,000; and
‘‘Reserve Personnel, Navy’’, $2,295,000:
Provided further, That of the remaining funds made available under
this heading, the Secretary of Defense may transfer these funds
only to operation and maintenance accounts, procurement accounts,
the defense health program appropriation, and working capital
funds accounts: Provided further, That the funds transferred shall
be merged with and shall be available for the same purposes and
for the same time period, as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority available
to the Department of Defense: Provided further, That the entire
amount made available under this heading 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.
MORALE, WELFARE

AND RECREATION AND PERSONNEL SUPPORT
CONTINGENCY DEPLOYMENTS

FOR

(INCLUDING TRANSFER OF FUNDS)

In addition to amounts appropriated or otherwise made available in the Department of Defense Appropriations Act, 1999,
$50,000,000, to remain available for obligation until expended, is
hereby made available only for expenses, not otherwise provided
for, to provide necessary morale, welfare and recreation support,
family support, and to sustain necessary retention and re-enlistment
of military personnel in critical military occupational specialties,
resulting from the deployment of military personnel to Bosnia and
Southwest Asia: Provided, That the Secretary of Defense may transfer these funds only to operation and maintenance accounts of
the military services: Provided further, That the funds transferred
shall be available only for the purposes described under this heading: Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority available
to the Department of Defense: Provided further, That the entire
amount made available under this heading is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent that an official budget request
for $50,000,000, 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.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$200,000,000: Provided, That these funds shall be for Operation

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–558

and maintenance, of which not to exceed two per centum shall
remain available until September 30, 2000: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the
extent that an official budget request for $200,000,000, 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.
DRUG INTERDICTION

AND

COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Drug Interdiction and CounterDrug Activities, Defense’’, $42,000,000: Provided, That funds appropriated under this heading may be transferred to appropriations
available to the Department of Defense for military personnel of
the reserve components serving under the provisions of title 10
and title 32, United States Code; for Operation and maintenance;
for Procurement; and for Research, development, test and evaluation: Provided further, That funds appropriated under this heading
shall be available for obligation for the same time period and
for the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority available
to the Department of Defense: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent that
an official budget request for $42,000,000, 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.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 101. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes
of section 504 of the National Security Act of 1947 (50 U.S.C.
414).
SEC. 102. In addition to the amounts appropriated or otherwise
made available in the Department of Defense Appropriations Act,
1999, $1,000,000,000, to remain available for obligation until
expended, is hereby appropriated under the heading ‘‘Research,
Development, Test and Evaluation, Defense-Wide’’: Provided, That
these funds shall be made available only for the enhanced testing,
accelerated development, construction, and integration and infrastructure efforts in support of ballistic missile defense systems:
Provided further, That the entire amount made available in this
section is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further,

112 STAT. 2681–559

PUBLIC LAW 105–277—OCT. 21, 1998

That the entire amount shall be available only to the extent that
an official budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
SEC. 103. In addition to amounts appropriated or otherwise
made available in the Department of Defense Appropriations Act,
1999, $259,853,000 is hereby appropriated to the Department of
Defense, only for emergency expenses incurred at United States
military facilities or installations in the United States or overseas
directly resulting from storm damage or other natural disasters,
as follows:
‘‘Military Personnel, Marine Corps’’, $232,000;
‘‘Reserve Personnel, Army’’, $343,000;
‘‘Reserve Personnel, Navy’’, $100,000;
‘‘Operation and Maintenance, Army’’, $139,056,000;
‘‘Operation and Maintenance, Navy’’, $57,179,000;
‘‘Operation and Maintenance, Marine Corps’’, $8,470,000;
‘‘Operation and Maintenance, Air Force’’, $34,254,000;
‘‘Operation and Maintenance, Army Reserve’’, $853,000;
‘‘Operation and Maintenance, Navy Reserve’’, $5,058,000;
‘‘Operation and Maintenance, Army National Guard’’,
$5,750,000;
‘‘Operation and Maintenance, Air National Guard’’,
$4,355,000;
‘‘Defense Health Program’’, $2,120,000; and
‘‘Navy Working Capital Fund’’, $2,083,000:
Provided, That these funds may be used to execute projects or
programs that were deferred in order to carry out emergency repairs
resulting from such storm damage or natural disasters: Provided
further, That the entire amount made available in this section
is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
of the amounts provided in this section, $153,551,000 shall be
available only to the extent that an official budget request for
a specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That of the amount referred to in the third proviso
in this section, up to $29,454,000 may be transferred from ‘‘Operation and Maintenance, Army’’, to ‘‘Military Construction, Army’’.
SEC. 104. In addition to amounts provided in this Act,
$2,000,000 is hereby appropriated for ‘‘Defense Health Program’’,
to remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, these funds shall be
available only for a grant to the Fisher House Foundation, Inc.,
only for the construction and furnishing of additional Fisher Houses
to meet the needs of military family members when confronted
with the illness or hospitalization of an eligible military beneficiary.
SEC. 105. Section 8136 of the Department of Defense Appropriations Act, 1999, is amended by striking out ‘‘$502,000,000’’ and
inserting in lieu thereof ‘‘$569,000,000’’, and further amended by
striking out ‘‘$176,000,000’’ and inserting in lieu thereof
‘‘$243,000,000’’.

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112 STAT. 2681–560

CHAPTER 2
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
OTHER DEFENSE ACTIVITIES

For an additional amount for ‘‘Other Defense Activities’’, for
expenditures in the Russian Federation to implement a United
States/Russian accord for the disposition of excess weapons plutonium, $200,000,000, to remain available until expended: Provided,
That none of the funds may be obligated until the Department
of Energy submits to Congress a detailed budget justification for
use of these funds, and the proposal has been approved by the
House and Senate Committees on Appropriations: Provided further,
That the entire amount shall be available only to the extent an
official budget request for a specific dollar amount that includes
designation of the entire amount of the request as an emergency
requirement as defined by the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
For an additional amount to purchase natural uranium associated with the 1997 and 1998 deliveries under the United StatesRussia HEU Purchase Agreement (hereinafter, ‘‘the Agreement’’),
$325,000,000, to remain available until expended, which shall be
available only to the extent an official budget request for a specific
dollar amount that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted to the Congress: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
such uranium is located in the United States at the time of purchase, and shall become part of the inventory of the Department
of Energy: Provided further, That such funds shall be available
only upon conclusion of a long-term agreement by the Government
of the Russian Federation and commercial partners for the sale
of uranium to be derived from deliveries scheduled for 1999 and
thereafter under the Agreement.
CHAPTER 3
DEPARTMENT OF DEFENSE—MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, ARMY
For an additional amount for ‘‘Military Construction, Army’’
to replace facilities destroyed by monsoons in the Republic of Korea
during August of 1998, $118,000,000, as authorized by 10 U.S.C.
2854, to remain available until September 30, 1999: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided

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PUBLIC LAW 105–277—OCT. 21, 1998

further, That from amounts made available in this or any other
Act for military construction, the Secretary of the Army may acquire
real property and carry out a military construction project at Camp
Casey in Korea, in the amount of $12,016,000.
MILITARY CONSTRUCTION, NAVY
For an additional amount for ‘‘Military Construction, Navy’’
to cover the incremental costs arising from the consequences of
Hurricanes Georges and Bonnie, $5,860,000, as authorized by 10
U.S.C. 2854, to remain available until September 30, 1999: Provided, That the entire amount shall be available only to the extent
an official budget request for a specific dollar amount that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Military Construction, Air Force’’,
$29,200,000, to remain available until September 30, 1999: Provided, That of this amount, $2,200,000 shall be available to cover
the incremental costs arising from force protection, as authorized
by 10 U.S.C. 2803: Provided further, That of this amount
$27,000,000 shall be available to cover the incremental costs arising
from the consequences of Hurricane Georges, as authorized by
10 U.S.C. 2854: Provided further, That the entire amount shall
be available only to the extent an official budget request for a
specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For an additional amount for ‘‘Military Construction, Army
National Guard’’ to cover the incremental costs arising from the
consequences of Hurricane Georges, $2,500,000, as authorized by
10 U.S.C. 2854, to remain available until September 30, 1999:
Provided, That the entire amount shall be available only to the
extent an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–562

MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For an additional amount for ‘‘Military Construction, Air
National Guard’’ to cover the incremental costs arising from the
consequences of Hurricane Georges, $15,900,000, as authorized by
10 U.S.C. 2854, to remain available until September 30, 1999:
Provided, That the entire amount shall be available only to the
extent an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
FAMILY HOUSING, ARMY
For an additional amount for ‘‘Family Housing, Army’’ to cover
the incremental costs arising from the consequences of Hurricane
Georges and for the rehabilitation of family housing, $5,200,000,
to remain available until September 30, 1999: Provided, That notwithstanding any other provision of law, of this amount $4,000,000
shall be available only for the rehabilitation of family housing
referred to in Section 8142 of the Department of Defense Appropriations Act of 1999: Provided further, That the entire amount shall
be available only to the extent an official budget request for a
specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
FAMILY HOUSING, NAVY

AND

MARINE CORPS

For an additional amount for ‘‘Family Housing, Navy and
Marine Corps’’ to cover the incremental costs arising from the
consequences of Hurricane Bonnie, $10,599,000, as authorized by
10 U.S.C. 2854, to remain available until September 30, 1999:
Provided, That the entire amount shall be available only to the
extent an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
FAMILY HOUSING, AIR FORCE
For an additional amount for ‘‘Family Housing, Air Force’’
to cover the incremental costs arising from the consequences of
Hurricane Georges, $22,233,000, as authorized by 10 U.S.C. 2854,
to remain available until September 30, 1999: Provided, That the

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PUBLIC LAW 105–277—OCT. 21, 1998

entire amount shall be available only to the extent an official
budget request for a specific dollar amount that includes designation
of the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
GENERAL PROVISION, THIS CHAPTER
Ante, p. 2192.

Section 2304(c)(2) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 is amended by striking
‘‘$2,000,000,000’’ and inserting ‘‘$2,000,000’’.
CHAPTER 4
DEPARTMENT OF TRANSPORTATION
COAST GUARD
OPERATING EXPENSES

For an additional amount for necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided
for, $100,000,000, of which $28,000,000 is only available for
expenses related to expansion of drug interdiction activities around
Puerto Rico, the United States Virgin Islands, and other transit
zone areas of operation, including costs to operate and maintain
PC–170 patrol craft offered by the Department of Defense: Provided,
That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only
to the extent that an official budget request for a specific dollar
amount, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For an additional amount for acquisition, construction, renovation, and improvement of facilities and equipment, to be available
for expansion of Coast Guard drug interdiction activities,
$100,000,000, to remain available until expended and to be distributed as follows:
Acquisition and construction of Barracuda class coastal
patrol boats, $33,000,000;
Reactivation costs for up to 3 HU–25 aircraft for maritime
patrol, $7,500,000;
Acquisition of installed or deployable electronic sensors
and communication systems for Coast Guard cutters or boats,
$13,000,000;
Operational test and evaluation of the use of force from
aircraft, $2,500,000; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–564

Acquisition of installed or deployable electronic sensors
for maritime patrol aircraft and not to exceed $5,800,000 for
C–130 engine upgrade, $44,000,000:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
a specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
RESERVE TRAINING

For an additional amount for operating, maintenance, and
training expenses of the Coast Guard Reserve, including supplies,
equipment and services, $5,000,000: Provided, That none of these
funds may be transferred to Coast Guard ‘‘Operating expenses’’
or otherwise made available to reimburse the Coast Guard for
financial support of the Coast Guard Reserves: Provided further,
That the highest priority for use of these funds shall be for enhancing drug interdiction activities conducted by the Coast Guard
Reserves: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent that an official budget request
for a specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For an additional amount for necessary expenses for applied
scientific research, development, test, and evaluation, maintenance,
rehabilitation, lease and operation of facilities and equipment,
$5,000,000, to remain available until expended: Provided, That
the highest priority for use of these funds shall be the development
of new technologies or operational procedures which enhance drug
interdiction activities of the Coast Guard: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the
extent that an official budget request for a specific dollar amount,
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.

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PUBLIC LAW 105–277—OCT. 21, 1998
TITLE II—ANTITERRORISM
CHAPTER 1
DEPARTMENT OF JUSTICE
FEDERAL BUREAU

OF INVESTIGATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,
$21,680,000, 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.
DEPARTMENT OF STATE
ADMINISTRATION

OF

FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

Notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, an additional amount for ‘‘Diplomatic and
Consular Programs’’, $773,700,000, to remain available until
expended, of which $25,700,000 shall be available only to the extent
that an official budget request that includes the 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, That as determined by the Secretary of State,
such funds may be used to procure services and equipment overseas
necessary to improve worldwide security and reconstitute embassy
operations in Kenya and Tanzania on behalf of any other agency:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
SALARIES AND EXPENSES

Notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, an additional amount for ‘‘Salaries and
Expenses’’, $12,000,000, 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.
OFFICE OF INSPECTOR GENERAL

Notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, an additional amount for ‘‘Office of Inspector General’’, $1,000,000, 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.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–566

SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS

Notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, an additional amount for ‘‘Security and
Maintenance of United States Missions’’, $627,000,000, to remain
available until expended; of which $56,000,000 is for security
projects, relocations, and security equipment on behalf of missions
of other U.S. Government agencies, which amount may be transferred to any appropriation for this purpose, to be merged with
and available for the same time period as the appropriation to
which transferred; and of which $185,000,000 is for capital improvements or relocation of office and residential facilities to improve
security, which amount shall become available fifteen days after
notice thereof has been transmitted to the Appropriations Committees of both Houses of Congress: 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.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

Notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, an additional amount for ‘‘Emergencies
in the Diplomatic and Consular Service’’, $10,000,000, 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.
CHAPTER 2
DEPARTMENT OF DEFENSE—MILITARY
OPERATION AND MAINTENANCE
OPERATION

AND

MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $358,427,000, to remain available for obligation
until expended: Provided, That the Secretary of Defense may transfer these funds to fiscal year 1999 appropriations for operation
and maintenance; procurement; research, development, test and
evaluation; and family housing: Provided further, That the funds
transferred shall be merged with and be available for the same
purposes and for the same time period as the appropriation to
which transferred: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority available to the Department of Defense: Provided further,
That the entire amount made available under this heading is designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for $358,427,000, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control

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PUBLIC LAW 105–277—OCT. 21, 1998

Act of 1985, as amended, is transmitted by the President to the
Congress.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 201. MAINTENANCE AND OPERATION OF EQUIPMENT.—Section 374 of title 10, United States Code, is amended—
(1) in subsection (b)(1)(A), by striking ‘‘or’’;
(2) in subsection (b)(1)(B), by striking the period at the
end, inserting in lieu thereof a semicolon and the following
new subparagraphs:
‘‘(C) a foreign or domestic counter-terrorism operation;
or
‘‘(D) a rendition of a suspected terrorist from a foreign
country to the United States to stand trial.’’;
(3) in subsection (b)(2)(F)(i)—
(A) by inserting ‘‘along with any other civilian or military personnel who are supporting, or conducting, a joint
operation with civilian law enforcement personnel;’’ after
‘‘the transportation of civilian law enforcement personnel’’;
and
(B) by striking ‘‘and’’;
(4) in subsection (b)(2)(F)(ii)—
(A) by inserting ‘‘and supporting’’ after ‘‘the operation
of a base of operations for civilian law enforcement’’;
(B) by striking the period at the end and inserting
in lieu thereof ‘‘; and’’; and
(C) by inserting at the end the following new clause:
‘‘(iii) the transportation of suspected terrorists from
foreign countries to the United States for trial (so long
as the requesting Federal law enforcement agency provides
all security for such transportation and maintains custody
over the suspect through the duration of the transportation).’’;
(5) in subsection (b)(4)(A), by striking ‘‘an’’ and inserting
in lieu thereof ‘‘a Federal’’; and
(6) in subsection (b)(4)(A), by inserting a new clause ‘‘(v)
Any law, foreign or domestic, prohibiting terrorist activities.’’
after ‘‘(iv) The Maritime Drug Law Enforcement Act (46 U.S.C.
App. 1901 et seq.).’’.
(INCLUDING TRANSFER OF FUNDS)

SEC. 202. In addition to amounts appropriated or otherwise
made available in the Department of Defense Appropriations Act,
1999, $50,000,000 is hereby appropriated, only to initiate and
expand activities of the Department of Defense to prevent, prepare
for, and respond to a terrorist attack in the United States involving
weapons of mass destruction: Provided, That $35,000,000 of the
funds made available in this section shall be transferred to the
following accounts in the specified amounts:
‘‘National Guard Personnel, Army’’, $4,000,000;
‘‘National Guard Personnel, Air Force’’, $1,000,000;
‘‘Operation and Maintenance, Army’’, $2,000,000;
‘‘Operation and Maintenance, Army National Guard’’,
$20,000,000; and
‘‘Procurement, Defense-Wide’’, $8,000,000:

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–568

Provided further, That of the funds made available in this section,
$15,000,000 shall be transferred to ‘‘Research, Development, Test
and Evaluation, Army’’, only to develop and support a long term,
sustainable Weapons of Mass Destruction emergency preparedness
training program: Provided further, That funds transferred pursuant to this section shall be merged with and be available for
the same purposes and for the same time period as the appropriation to which transferred: Provided further, That the transfer
authority provided in this section is in addition to any other transfer
authority available to the Department of Defense: Provided further,
That the entire amount provided in this section is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent that an official budget request
for $50,000,000, 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.
SEC. 203. In addition to amounts appropriated or otherwise
made available in the Department of Defense Appropriations Act,
1999, $120,500,000, to remain available for obligation until
expended, is appropriated to the proper accounts within the Department of the Air Force: Provided, That the additional amount shall
be made available only for the provision of crisis response aviation
support for critical national security, law enforcement and emergency response agencies: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent that an
official budget request for $120,500,000, 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 President of the United States
shall submit to the Congress by March 15, 1999, an interagency
agreement for the utilization of Department of Defense assets to
support the crisis response requirements of the Federal Bureau
of Investigation and the Federal Emergency Management Agency.
CHAPTER 3
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL SECURITY ASSISTANCE
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFERS OF FUNDS)

Notwithstanding section 10 of Public Law 91–672, for an additional amount for ‘‘Economic Support Fund’’ for assistance for Kenya
and Tanzania, $50,000,000, to remain available until September
30, 2000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That funds appropriated

112 STAT. 2681–569

PUBLIC LAW 105–277—OCT. 21, 1998

under this paragraph may be made available for administrative
costs associated with assistance provided under this paragraph:
Provided further, That $2,500,000 shall be transferred to and
merged with ‘‘Operating Expenses of the Agency for International
Development’’ for security and related expenses: Provided further,
That $1,269,000 shall be transferred to and merged with ‘‘Peace
Corps’’ for security and related expenses: Provided further, That
the transfers authorized in the preceding provisos shall be in addition to sums otherwise available for such purposes: Provided further,
That funds appropriated under this paragraph shall only be available through the regular notification procedures of the Committees
on Appropriations.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING
PROGRAMS

AND

RELATED

Notwithstanding section 15 of the State Department Basic
Authorities Act of 1956 and section 10 of Public Law 91–672,
for an additional amount for ‘‘Nonproliferation, Anti-Terrorism,
Demining and Related Programs’’ for anti-terrorism assistance,
$20,000,000, to remain available until September 30, 2000: 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.
CHAPTER 4
DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM

For an additional amount for ‘‘Operation of the National Park
System’’ for emergency security related expenses, $2,320,000, 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.
CONSTRUCTION

For an additional amount for ‘‘Construction’’ for emergency
security related expenses, $3,680,000, 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.
CHAPTER 5
ARCHITECT OF THE CAPITOL
CAPITOL VISITOR CENTER
For necessary expenses for the planning, engineering, design,
and construction, as each such milestone is approved by the
Committee on Rules and Administration of the Senate, the

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–570

Committee on House Oversight of the House of Representatives,
the Committees on Appropriations of the House of Representatives
and of the Senate, and other appropriate committees of the House
of Representatives and of the Senate, of a new facility to provide
greater security for all persons working in or visiting the United
States Capitol and to enhance the educational experience of those
who have come to learn about the Capitol building and Congress,
$100,000,000, to be supplemented by private funds, which shall
remain available until expended: Provided, That Section 3709 of
the Revised Statutes of the United States (41 U.S.C. 5) shall not
apply to the funds made available under this heading: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
CAPITOL POLICE BOARD
SECURITY ENHANCEMENTS
For the Capitol Police Board for security enhancements to
the Capitol complex, including the buildings and grounds of the
Library of Congress, $106,782,000, to remain available until
expended: Provided, That such security enhancements shall be carried out in accordance with a plan or plans approved by the Committee on House Oversight of the House of Representatives, the
Committee on Rules and Administration of the Senate, the Committee on Appropriations of the House of Representatives, and the
Committee on Appropriations of the Senate: Provided further, That
the Capitol Police Board shall transfer to the Architect of the
Capitol such portion of the funds made available under this heading
as the Architect may require for expenses necessary to provide
support for the security enhancements, subject to the approval
of the Committee on Appropriations of the House of Representatives
and the Committee on Appropriations of the Senate: Provided further, That the Capitol Police Board shall transfer to the Librarian
of Congress such portion of the funds made available under this
heading as the Librarian may require for expenses necessary to
provide support for the security enhancements, subject to the
approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.

Government
organization.

Government
organization.

GENERAL PROVISION, THIS CHAPTER
The responsibility for design, installation, and maintenance
of security systems to protect the physical security of the buildings
and grounds of the Library of Congress is transferred from the
Architect of the Capitol to the Capitol Police Board. Such design,
installation, and maintenance shall be carried out under the direction of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of
the Senate, and without regard to section 3709 of the Revised
Statutes of the United States (41 U.S.C. 5). Any alteration to
a structural, mechanical, or architectural feature of the buildings

2 USC 141a.

112 STAT. 2681–571

PUBLIC LAW 105–277—OCT. 21, 1998

and grounds of the Library of Congress that is required for a
security system under the preceding sentence may be carried out
only with the approval of the Architect of the Capitol.
CHAPTER 6
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)

For an additional amount for ‘‘Facilities and Equipment’’,
$100,000,000, for necessary expenses for acquisition, installation
and related activities supporting the deployment of bulk and trace
explosives detection systems and other advanced security equipment
at airports in the United States, to remain available until September 30, 2001: Provided, That the entire amount shall be available
only to the extent an official budget request for a specific dollar
amount that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further,
That the entire amount is designated as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985.
CHAPTER 7
DEPARTMENT OF THE TREASURY
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,
$3,548,000, 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.
UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,
$80,808,000, 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.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–572

TITLE III—YEAR 2000 CONVERSION OF FEDERAL
INFORMATION TECHNOLOGY SYSTEMS
FISCAL YEAR 1999 EMERGENCY SUPPLEMENTAL
APPROPRIATIONS
FUNDS APPROPRIATED TO THE PRESIDENT
INFORMATION TECHNOLOGY SYSTEMS AND RELATED EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For an additional amount for emergency expenses related to
Year 2000 conversion of Federal information technology systems,
and related expenses, $2,250,000,000, to remain available until
September 30, 2001, of which $5,500,000 shall be transferred to
the Legislative Branch for ‘‘SENATE’’, ‘‘Contingent Expenses of
the Senate’’, ‘‘Sergeant at Arms and Doorkeeper of the Senate’’
for salaries and expenses related to Year 2000 conversion of Senate
information technology systems: Provided, That the funds may be
obligated with the prior approval of the Senate Committee on
Appropriations; and of which, $6,373,000 shall be transferred to
the Legislative Branch for ‘‘HOUSE OF REPRESENTATIVES’’,
‘‘Salaries and Expenses’’, ‘‘Salaries, Officers and Employees’’ for
salaries and expenses related to Year 2000 conversion of House
of Representatives information technology systems; and of which
$5,000,000 shall be transferred to the Legislative Branch for ‘‘GENERAL ACCOUNTING OFFICE’’, ‘‘Information Technology Systems
and Related Expenses’’ for expenses related to Year 2000 conversion
of information technology systems and related expenses of all entities in the Legislative Branch other than the ‘‘Senate’’ and ‘‘House
of Representatives’’ covered by the Legislative Branch Appropriations Act, 1998 (Public Law 105–55), which the Comptroller General
shall transfer to the affected entities in the Legislative Branch,
upon the approval of the House and Senate Committees on Appropriations; and of which $13,044,000 shall be transferred to the
Judiciary to the Judiciary Information Technology Fund for
expenses related to Year 2000 conversion of Judicial Branch
information technology and security systems: Provided further, That
the remaining funds made available shall be transferred, as necessary, by the Director of the Office of Management and Budget
to all affected Federal Departments and Agencies, except the
Department of Defense, for expenses necessary to ensure the
information technology that is used or acquired by the Federal
government meets the definition of Year 2000 compliant under
Federal Acquisition Regulations (concerning accurate processing of
date/time data, including calculating, comparing, and sequencing
from, into, and between the twentieth and twenty-first centuries,
and the years 1999 and 2000 and leap year calculations) and
to meet other criteria for Year 2000 compliance as the head of
each Department or Agency considers appropriate: Provided further,
That none of the funds provided under this heading, except those
transferred to the Legislative Branch and the Judiciary, may be
transferred to any Department or Agency until fifteen days after
the Director of the Office of Management and Budget has submitted
to the House and Senate Committees on Appropriations, the Senate
Special Committee on the Year 2000 Technology Problem, the House
Committee on Science, and the House Committee on Government

112 STAT. 2681–573

PUBLIC LAW 105–277—OCT. 21, 1998

Reform and Oversight, a proposed allocation and plan for that
Department or Agency to achieve Year 2000 compliance for technology information systems: Provided further, That the transfer
authority provided in this paragraph is in addition to any other
transfer authority contained elsewhere in this or any other Act:
Provided further, That funds provided under this heading shall
be in addition to funds available in this or any other Act for
Year 2000 compliance by any Federal Department or Agency: Provided further, That the entire amount, except those amounts transferred to the Legislative Branch and the Judiciary, 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: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
DEPARTMENT OF DEFENSE—MILITARY
OPERATION AND MAINTENANCE
INFORMATION TECHNOLOGY SYSTEMS
ACCOUNT

AND

SECURITY TRANSFER

(INCLUDING TRANSFER OF FUNDS)

For emergency expenses relating to Year 2000 conversion of
information technology and national security systems, for information technology, and infrastructure protection to include computer
security/information assurance programs, and for related expenses,
$1,100,000,000, to remain available until September 30, 2001: Provided, That the funds made available shall be transferred, as necessary, by the Secretary of Defense to any account in any previously
enacted Department of Defense Appropriations Act for expenses
necessary to ensure the information technology that is used or
acquired by the Federal government meets the definition of Year
2000 compliant under Federal Acquisition Regulations (concerning
accurate processing of date/time data, including calculating, comparing, and sequencing from, into, and between the twentieth and
twenty-first centuries, and the years 1999 and 2000 and leap year
calculations) and to meet other criteria for Year 2000 compliance
as the Secretary considers appropriate: Provided further, That none
of the funds provided under this heading may be transferred to
any other account until fifteen days after the Secretary of Defense
has submitted to the House and Senate Committees on Appropriations, the Senate Special Committee on the Year 2000 Technology
Problem, the House Committee on Science, and the House Committee on Government Reform and Oversight, a proposed allocation
and plan for the Department of Defense to achieve Year 2000
compliance for technology information systems: Provided further,
That the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period
as the appropriation to which transferred: Provided further, That
the transfer authority provided under this heading is in addition
to any other transfer authority available to the Department of
Defense: Provided further, That funds provided under this heading

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–574

shall be in addition to funds available in this or any other Act
making appropriations for the Department of Defense for Year
2000 compliance and related activities: Provided further, That the
entire amount made available under this heading is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
made available under this heading shall be available only to the
extent that an official budget request for a specific dollar amount,
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
TITLE IV—OTHER EMERGENCIES
CHAPTER 1
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC

AND

ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

In addition to the amounts appropriated or otherwise made
available for this purpose, $5,000,000 is appropriated to the Department of Commerce to remain available until expended to provide
emergency disaster assistance to persons or entities in the Northeast multispecies fishery who have incurred losses from a commercial fishery failure under section 308(b) of the Interjurisdictional
Fisheries Act of 1986, as amended: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent an
official budget request, for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted to the
Congress.
RELATED AGENCY
SMALL BUSINESS ADMINISTRATION
DISASTER LOANS PROGRAM ACCOUNT

For an additional amount for the cost of direct loans,
$71,000,000, to remain available until expended to subsidize additional gross obligations for the principal amount of direct loans:
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; and for administrative expenses to carry out the
disaster loan program, an additional $30,000,000 to remain available until expended, which may be transferred to and merged
with appropriations for ‘‘Salaries and Expenses’’: Provided further,
That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced

112 STAT. 2681–575

PUBLIC LAW 105–277—OCT. 21, 1998

Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount 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.
CHAPTER 2
DEPARTMENT OF DEFENSE—CIVIL–
DEPARTMENT
CORPS

OF

OF THE

ARMY

ENGINEERS—CIVIL

FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

For an additional amount for emergency repairs and dredging
due to flooding, $2,500,000, to remain available until expended,
which shall be available only to the extent an official budget request
for a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided, 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.
OPERATION AND MAINTENANCE, GENERAL

For an additional amount for emergency repairs and dredging
due to flooding, $99,700,000, to remain available until expended,
of which such amounts for eligible navigation projects which may
be derived from the Harbor Maintenance Trust Fund pursuant
to Public Law 99–662, shall be derived from that Fund: Provided,
That the entire amount shall be available only to the extent an
official budget request for a specific dollar amount that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
CHAPTER 3
FUNDS APPROPRIATED TO THE PRESIDENT
AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND DISEASE PROGRAMS FUND

Notwithstanding section 10 of Public Law 91–672, for an additional amount for ‘‘Child Survival and Disease Programs Fund’’,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–576

$50,000,000, to remain available until expended: Provided, That
the entire amount shall be available only to the extent that an
official budget request for a specific dollar amount that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
OTHER BILATERAL ECONOMIC ASSISTANCE
ASSISTANCE FOR THE NEW INDEPENDENT STATES OF THE FORMER
SOVIET UNION

Notwithstanding section 10 of Public Law 91–672, for an additional amount for ‘‘Assistance for the New Independent States of
the former Soviet Union,’’ $46,000,000, to remain available until
September 30, 2000: Provided, That the entire amount shall be
available only to the extent that an official budget request for
a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
UNANTICIPATED NEEDS
For an additional amount for ‘‘Unanticipated Needs’’,
$30,000,000, to remain available until expended, only for a grant
to the American Red Cross for reimbursement of disaster relief,
recovery expenditures, and emergency services: Provided, That the
entire amount shall be available only to the extent that an official
budget request for a specific dollar amount that includes designation
of the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
CHAPTER 4
DEPARTMENT OF THE INTERIOR
UNITED STATES FISH

AND

WILDLIFE SERVICE

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $25,000,000, to
remain available until expended, to repair damage due to hurricanes, floods and other acts of nature: Provided, That the entire
amount is designated by the Congress as an emergency requirement

112 STAT. 2681–577

PUBLIC LAW 105–277—OCT. 21, 1998

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further,
That the amount provided shall be available only to the extent
that an official budget request that includes designation of the
entire amount as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
NATIONAL PARK SERVICE
CONSTRUCTION

For an additional amount for ‘‘Construction’’, $10,000,000, to
remain available until expended, to repair damage due to hurricanes, floods and other acts of nature: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further,
That the amount provided shall be available only to the extent
that an official budget request that includes designation of the
entire amount as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH

For an additional amount for ‘‘Surveys, Investigations, and
Research’’, $1,000,000, to remain available until expended, to repair
damage due to hurricanes, floods and other acts of nature: Provided,
That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the amount provided shall be available only
to the extent that an official budget request that includes designation of the entire amount as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress.
CHAPTER 5
DEPARTMENT OF LABOR
EMPLOYMENT

AND

TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

For an additional amount for ‘‘Training and Employment Services’’ to carry out section 402 of the Job Training Partnership
Act, $7,000,000, to be available upon enactment and remain available through June 30, 1999: 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.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–578

CHAPTER 6
DEPARTMENT OF TRANSPORTATION
COAST GUARD
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For an additional amount for ‘‘Acquisition, Construction, and
Improvements’’, for facility replacement or repairs arising from
the consequences of Hurricane Georges, $12,600,000, to remain
available until expended: Provided, That the entire amount shall
be available only to the extent an official budget request for a
specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
CHAPTER 7
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY PLANNING

AND

DEVELOPMENT

COMMUNITY DEVELOPMENT BLOCK GRANTS

For an additional amount for ‘‘Community development block
grants’’, as authorized under title I of the Housing and Community
Development Act of 1974, $250,000,000, which shall remain available until September 30, 2002, for use only for disaster relief,
long-term recovery, and mitigation in communities affected by Presidentially-declared natural disasters designated during fiscal years
1998 and 1999, except for those activities reimbursable by or for
which funds are made available by the Federal Emergency Management Agency, the Small Business Administration, or the Army
Corps of Engineers: Provided, That in administering these amounts
and except as provided in the next proviso, the Secretary of Housing
and Urban Development (the Secretary) may waive or specify alternative requirements for any provision of any statute or regulation
that the Secretary administers in connection with the obligation
by the Secretary or the use by the recipient of these funds, except
for statutory requirements related to civil rights, fair housing and
nondiscrimination, the environment, and labor standards, upon a
finding that such waiver is required to facilitate the use of such
funds and would not be inconsistent with the overall purpose of
the statute: Provided further, That the Secretary may waive the
requirements that activities benefit persons of low and moderate
income, except that at least 50 percent of the funds under this
heading must benefit primarily persons of low and moderate income
unless the Secretary makes a finding of compelling need: Provided
further, That, upon a finding of compelling need, the Secretary
must provide an explanation of the finding to the Committees
on Appropriations: Provided further, That all funds under this
heading shall be allocated by the Secretary to states (including
Indian tribes for all purposes under this heading) to be administered

112 STAT. 2681–579

Federal Register,
publication.

Records.

PUBLIC LAW 105–277—OCT. 21, 1998

by each state in conjunction with its Federal Emergency Management Agency program or its community development block grants
program or by the entity designated by its Chief Executive Officer
to administer the HOME Investment Partnerships Program: Provided further, That each state shall provide not less than 25 percent
in non-Federal public matching funds or its equivalent value (other
than administrative costs) for any funds allocated to the state
under this heading: Provided further, That, in conjunction with
the Director of the Federal Emergency Management Agency (the
Director), the Secretary shall allocate funds based on the unmet
needs identified by the Director as those which have not or will
not be addressed by other federal disaster assistance programs:
Provided further, That, in conjunction with the Director, the Secretary shall utilize annual disaster cost estimates in order that
the funds under this heading shall be available, to the maximum
extent feasible, to assist states with all Presidentially declared
disasters designated during these fiscal years: Provided further,
That the Secretary shall publish a notice in the Federal Register
governing the allocation and use of the community development
block grants funds made available under this heading for disaster
areas: Provided further, That any project or activity underway
prior to a Presidentially declared disaster may not receive funds
under this heading unless the disaster directly impacted the project:
Provided further, That 10 days prior to distribution of funds, the
Secretary and the Director shall submit a list to the Committees
on Appropriations, setting forth the proposed uses of funds, including an explanation of why other Federal disaster assistance programs do not cover the costs of unmet needs identified by the
Director, the most recent estimates of unmet needs (including all
uses of waivers and the reasons therefore), and an explanation
of how the disaster impacted the proposed project: Provided further,
That the Secretary and the Director shall submit quarterly reports
to the Committees on Appropriations regarding the actual projects,
localities and needs for which funds have been provided: Provided
further, That these reports shall be based upon quarterly reports
submitted to the Secretary and the Director by each state receiving
funds under this heading: Provided further, That the entire amount
shall be available only to the extent an official budget request,
that includes designation of the entire amount of the request as
an emergency requirement as defined by the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
INDEPENDENT AGENCY
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF

For an additional amount for ‘‘Disaster relief’’, $906,000,000,
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: Provided further,
That the entire amount shall be available only to the extent that

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–580

an official budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
TITLE V—COUNTER-DRUG ACTIVITIES AND INTERDICTION
CHAPTER 1
DEPARTMENT

OF

AGRICULTURE

AGRICULTURE RESEARCH SERVICE

‘‘Agriculture Research Service’’, Department of Agriculture,
$23,000,000, for additional counterdrug research and development
activities: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That such amounts
shall be available only to the extent an official budget request
for a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined
in such Act is transmitted by the President to the Congress.
CHAPTER 2
DEPARTMENT OF JUSTICE
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,
$10,200,000, to remain available until expended, of which the entire
amount shall be available only to the extent that an official budget
request that includes the 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, 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.
IMMIGRATION

AND

NATURALIZATION SERVICE

SALARIES AND EXPENSES
ENFORCEMENT AND BORDER AFFAIRS

For an additional amount for ‘‘Salaries and Expenses, Enforcement and Border Affairs,’’ $10,000,000, to remain available until
expended, of which the entire amount shall be available only to
the extent that an official budget request that includes the 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, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section

112 STAT. 2681–581

PUBLIC LAW 105–277—OCT. 21, 1998

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
CHAPTER 3
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL

AND

LAW ENFORCEMENT

For an additional amount for ‘‘International Narcotics Control
and Law Enforcement’’, $232,600,000, to remain available until
expended: Provided, That such funds shall be made available subject
to the regular notification procedures of the Committees on Appropriations: Provided further, That the entire amount shall be available only to the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further,
That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
CHAPTER 4
DEPARTMENT OF TRANSPORTATION
COAST GUARD
OPERATING EXPENSES

For an additional amount for necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided
for, $16,300,000, available solely for expenses related to the expansion of drug interdiction activities around Puerto Rico, the United
States Virgin Islands, and other transit zone areas of operation,
including costs to operate and maintain PC–170 patrol craft offered
by the Department of Defense: Provided, That $4,000,000 of these
funds shall be used only for the establishment and operating costs
of a Caribbean International Support Tender, to train and support
foreign coast guards in the Caribbean region: Provided further,
That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only
to the extent that an official budget request for a specific dollar
amount, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For an additional amount for acquisition, construction, renovation, and improvement of facilities and equipment, to be available
for expansion of Coast Guard drug interdiction activities,
$117,400,000, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–582

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the
extent that an official budget request for a specific dollar amount,
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
CHAPTER 5
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Salaries and Expenses’’,
$1,500,000, to remain available until expended for necessary expenses for an interagency money laundering initiative: Provided,
That funds shall be available for transfer to the National Foreign
Intelligence Program: Provided further, That the entire amount
shall be available only to the extent that an official budget request
for a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided further, That none of the funds provided
under this heading may be obligated until fifteen days after notice
thereof has been transmitted to the Committees on Appropriations.
UNITED STATES CUSTOMS SERVICE
SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,
$106,300,000, to remain available until expended for counterdrug
initiatives: Provided, That the entire amount shall be available
only to the extent that an official budget request for a specific
dollar amount that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further,
That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided further, That none of the funds provided under this heading may
be obligated until fifteen days after notice thereof has been
transmitted to the Committees on Appropriations.

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PUBLIC LAW 105–277—OCT. 21, 1998

OPERATION, MAINTENANCE AND PROCUREMENT, AIR AND MARINE
INTERDICTION PROGRAMS

For an additional amount for ‘‘Operation, Maintenance and
Procurement, Air and Marine Interdiction Programs’’, $162,700,000,
to remain available until expended: Provided, That of the amount
provided, $153,000,000 shall be available for the procurement and
conversion of two P–3B AEW aircraft and four P–3B Slick aircraft
to be transferred from the Department of Defense to the Customs
Service: Provided further, That the entire amount shall be available
only to the extent that an official budget request for a specific
dollar amount that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further,
That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided further, That none of the funds provided under this heading may
be obligated until fifteen days after notice thereof has been
transmitted to the Committees on Appropriations.
CUSTOMS FACILITIES, CONSTRUCTION, IMPROVEMENTS AND RELATED
EXPENSES

For an additional amount for ‘‘Customs Facilities, Construction,
Improvements and Related Expenses’’, $7,000,000, to remain available until expended: Provided, That the entire amount shall be
available only to the extent that an official budget request for
a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided further, That none of the funds provided
under this heading may be obligated until fifteen days after notice
thereof has been transmitted to the Committees on Appropriations.
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
OFFICE

OF

NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,
$1,200,000: Provided, That the entire amount shall be available
only to the extent that an official budget request for a specific
dollar amount that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further,
That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided further, That none of the funds provided under this heading may

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–584

be obligated until fifteen days after notice thereof has been
transmitted to the Committees on Appropriations.
SPECIAL FORFEITURE FUND
(INCLUDING TRANSFER OF FUNDS)

For an additional amount to support the National Drug Court
Institute, $2,000,000, to remain available until expended: Provided,
That the entire amount shall be available for transfer to the
National Drug Court Institute: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount that includes designation of
the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided further, That none of the funds provided
under this heading may be obligated until fifteen days after notice
thereof has been transmitted to the Committees on Appropriations.
TITLE VI—GENERAL PROVISION
No part of any appropriation contained in this Division of
this Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
DIVISION C—OTHER MATTERS
TITLE I—OTHER MATTERS
SEC. 101. ACTING TREASURY INSPECTOR GENERAL FOR TAX
ADMINISTRATION. (a) IN GENERAL.—Notwithstanding any other
provision of law, the President may appoint an acting Treasury
Inspector General for Tax Administration to serve during the
period—
(1) beginning on the date of the enactment of this section
(or, if later, the date of the appointment), and
(2) ending on the earlier of—
(A) April 30, 1999, or
(B) the date on which the first Treasury Inspector
General for Tax Administration takes office (other than
pursuant to this section).
(b) DUTIES BEFORE JANUARY 18, 1999.—The acting Treasury
Inspector General for Tax Administration appointed under subsection (a) shall, before January 18, 1999, take only such actions
as are necessary to begin operation of the Office of Treasury Inspector General for Tax Administration, including—
(1) making interim arrangements for administrative support for the Office,
(2) establishing interim positions in the Office into which
personnel will be transferred upon the transfer of functions
and duties to the Office on January 18, 1999,
(3) appointing such acting personnel on an interim basis
as may be necessary upon the transfer of functions and duties
to the Office on January 18, 1999, and

5 USC app. 3
note.

112 STAT. 2681–585

Establishment.

Termination
date.
22 USC 4064.

PUBLIC LAW 105–277—OCT. 21, 1998

(4) providing guidance and input for the fiscal year 2000
budget process for the Office.
(c) ACTIONS NOT TO LIMIT AUTHORITY OF IG.—None of the
actions taken by an individual appointed under subsection (a) shall
affect the future authority of any Treasury Inspector General for
Tax Administration not appointed under subsection (a).
(d) LIMITATIONS.—
(1) NOMINATION.—No individual appointed under subsection (a) may serve on or after January 19, 1999, unless
on or before such date the President has submitted to the
Senate his nomination of an individual to serve as the first
Treasury Inspector General for Tax Administration.
(2) TREASURY INSPECTOR GENERAL MAY NOT SERVE.—No
individual appointed under subsection (a) may serve during
any period such individual is serving as the Inspector General
of the Treasury of the United States or the acting Inspector
General of the Treasury of the United States.
(3) EMPLOYMENT RESTRICTIONS.—The provisions of section
8D(j) of the Inspector General Act of 1978 (5 U.S.C. App.)
shall apply to any individual appointed under subsection (a).
SEC. 102. Section 122 of Public Law 105–119 (5 U.S.C. 3104
note) is amended—
(1) by amending subsection (g) to read as follows:
‘‘(g)(1) Notwithstanding any other provision of law and subject
to paragraph (2), the Secretary of the Treasury is authorized to
establish, for a period of three years from date of enactment of
this provision, a personnel management demonstration project
providing for the compensation and performance management of
not more than a combined total of 950 employees who fill critical
scientific, technical, engineering, intelligence analyst, language
translator, and medical positions in the Bureau of Alcohol, Tobacco
and Firearms, the United States Customs Service, and the United
States Secret Service.
‘‘(2) The provisions of subsections (b) through (f) and subsection
(h) shall apply to the demonstration project authorized by paragraph
(1) except that—
‘‘(A) any reference in such subsections to the Director of
the Federal Bureau of Investigation shall include a reference
to the Secretary of the Treasury;
‘‘(B) the operating plan required by subsection (d) shall
be submitted not later than February 1, 1999 to the House
and Senate Committees on Appropriations, the House Committee on Government Reform and Oversight, the Senate Committee on Governmental Affairs, the House Committee on Ways
and Means, and the Senate Committee on Finance; and
‘‘(C) the report required by subsection (f) shall be submitted
not later than March 31, 2001.’’; and
(2) by amending subsection (h) to read as follows—
‘‘(h) The authority to establish a demonstration project under
this section shall terminate on November 26, 2000.’’.
SEC. 103. Section 824 of the Foreign Service Act is amended:
(1) in subsection (a)(1)(A) by inserting ‘‘or in the case of
a waiver under subsection (g)’’ after ‘‘subsection (b)’’; and
(2) by adding the following new subsections (g) and (h)
at the end:
‘‘(g) The Secretary of State may waive the application of the
paragraphs (a) through (d) of this section, on a case-by-case basis,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–586

for an annuitant reemployed on a temporary basis, but only if,
and for so long as, the authority is necessary due to an emergency
involving a direct threat to life or property or other unusual circumstances.
‘‘(h) A reemployed annuitant as to whom a waiver under subsection (g) is in effect shall not be considered a participant for
purposes of subchapter I or subchapter II, or an employee for
purposes of chapter 83 or 84 of title 5, United States Code.’’.
SEC. 104. Title II of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (Public Law 99–399) is amended by
adding the following new section at the end:
‘‘SEC. 206. CONTRACTING AUTHORITY.

‘‘The Secretary of State is authorized to employ individuals
or organizations by contract to carry out the purposes of this Act,
and 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 (except that
the Secretary may determine the applicability to such individuals
of any law administered by the Secretary concerning the employment of such individuals); and such contracts are authorized to
be negotiated, the terms of the contracts to be prescribed, and
the work to be performed, where necessary, without regard to
such statutory provisions as relate to the negotiation, making and
performance of contracts and performance of work in the United
States.’’.
SEC. 106. INTRASTATE BUS TRANSPORTATION IN HAWAII. Section
14501(a)(1) of Title 49, United States Code, is amended by striking
‘‘operations’’ and inserting ‘‘operations, or to intrastate bus transportation of any nature in the State of Hawaii’’.
SEC. 107. Provisions of 23 U.S.C. 125(b)(1) shall not apply
to emergency relief projects resulting from the flooding in the State
of California in January and March 1995.
SEC. 108. For the purpose of any Rule of the House of Representatives, notwithstanding any other provision of law, any obligation limitation relating to surface transportation projects under
section 1602 of P.L. 105–178 shall be assumed to be administered
on the basis of sound program management practices that are
consistent with past practices of the administering agency permitting States to decide High Priority Project funding priorities within
state program allocations.
SEC. 109. OPERATION OF TRAILERS. (a) REGISTRATION OF TRAILERS.—A State that requires annual registration of container chassis
and the apportionment of fees for such registrations in accordance
with the International Registration Plan (as defined under section
31701 of title 49, United States Code) shall not limit the operation,
or require the registration, in the State of a container chassis
(or impose fines or penalties on the operation of a container chassis
for being operated in the State without a registration issued by
the State) if such chassis—
(1) is registered under the laws of another State; and
(2) is operating under a trip permit issued by the State.
(b) LIMITATION ON REGISTRATION OF TRAILERS.—A State
described in subsection (a) may not deny the use of trip permits
for the operation in the State of a container chassis that is registered under the laws of another State.

22 USC 4824.

49 USC 31701
note.

112 STAT. 2681–587

Effective date.

PUBLIC LAW 105–277—OCT. 21, 1998

(c) SAFETY REGULATION.—This section shall apply to registration requirements only and shall not affect the ability of the State
to regulate for safety.
(d) PENALTIES.—No State described in subsection (a), political
subdivision of such a State, or person may impose or collect any
fee, penalty, fine, or other form of damages which is based in
whole or in part upon the nonpayment of a State registration
fee (including related weight and licensing fees assessed as part
of registration) attributable to a container chassis operated in the
State (and registered in another State) before the date of enactment
of this Act, unless it is shown by the State, political subdivision,
or person that such container chassis was not operated in the
State under a trip permit issued by the State.
(e) CONTAINER CHASSIS DEFINED.—In this section, the term
‘‘container chassis’’ means a trailer, semi-trailer, or auxiliary axle
used exclusively for the transportation of ocean shipping containers.
SEC. 110. REAUTHORIZATION OF THE FEDERAL AVIATION
ADMINISTRATION. (a) PERIOD OF APPLICABILITY OF CERTAIN AMENDMENTS.—Effective September 29, 1998, section 125 of the Federal
Aviation Reauthorization Act of 1996 (49 U.S.C. 47114 note; 110
Stat. 3220) is repealed.
(b) AIRPORT IMPROVEMENT PROGRAM.—
(1) AUTHORIZATION OF APPROPRIATIONS.—Section 48103 of
title 49, United States Code, is amended—
(A) by striking ‘‘September 30, 1996’’ and inserting
‘‘September 30, 1998’’; and
(B) by striking ‘‘$2,280,000,000’’ and all that follows
through the period at the end and inserting the following:
‘‘$1,205,000,000 for the six-month period beginning October
1, 1998’’.
(2) OBLIGATIONAL AUTHORITY.—Section 47104(c) of title 49,
United States Code, is amended by striking ‘‘September 30,
1998’’ and inserting ‘‘March 31, 1999’’.
(c) AVIATION INSURANCE PROGRAM AMENDMENTS.—
(1) REIMBURSEMENT OF INSURED PARTY’S SUBROGEE.—Section 44309(a) of title 49, United States Code, is amended to
read as follows:
‘‘(a) LOSSES.—
‘‘(1) ACTIONS AGAINST UNITED STATES.—A person may bring
a civil action in a district court of the United States or in
the United States Court of Federal Claims against the United
States Government when—
‘‘(A) a loss insured under this chapter is in dispute;
or
‘‘(B)(i) the person is subrogated under a contract
between the person and a party insured under this chapter
(other than section 44305(b)) to the rights of the insured
party against the United States Government; and
‘‘(ii) the person has paid to the insured party, with
the approval of the Secretary of Transportation, an amount
for a physical damage loss that the Secretary has determined is a loss covered by insurance issued under this
chapter (other than section 44305(b)).
‘‘(2) LIMITATION.—A civil action involving the same matter
(except the action authorized by this subsection) may not be
brought against an agent, officer, or employee of the Government carrying out this chapter.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–588

‘‘(3) PROCEDURE.—To the extent applicable, the procedure
in an action brought under section 1346(a)(2) of title 28, United
States Code, applies to an action under this subsection.’’.
(2) EXTENSION OF AVIATION INSURANCE PROGRAM.—Section
44310 of such title is amended by striking ‘‘December 31, 1998.’’
and inserting ‘‘March 31, 1999.’’.
(d) ELIGIBILITY OF AIP FUNDS TO ASSESS Y2K COMPLIANCE.—
(1) ELIGIBILITY.—For fiscal year 1999 the term ‘‘airport
development’’ under section 47102(3) of title 49, United States
Code, may include activities of an airport sponsor of a commercial service airport (as defined by section 47102(7) of such
title) to assess the Year 2000 processing capabilities of any
airport facilities, technology systems, or equipment owned by
the airport sponsor and directly related to airport activities,
regardless of whether such facilities, systems, or equipment
are otherwise eligible for assistance under chapter 471 of such
title. Such activities may include testing associated with such
assessment.
(2) LIMITATIONS.—
(A) Only funds apportioned to sponsors under section
47114(c) of title 49, United States Code, or to States under
subsections (d) and (e) of section 47114 of such title, may
be used for activities described in paragraph (1).
(B) The expanded eligibility under paragraph (1)
applies only to the assessment (and associated testing)
with respect to the Year 2000 processing capabilities of
airport facilities, systems, and equipment owned by the
airport sponsor.
(3) DEFINITION.—In this subsection, the term ‘‘Year 2000
processing’’ means the processing (including, without limitation,
calculating, comparing, sequencing, displaying, or storing),
transmitting, or receiving of date or date/time data from, into,
and between the twentieth and twenty-first centuries, and the
years 1999 and 2000, and leap year calculations.
(e) SCOREKEEPING ADJUSTMENT.—Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the Joint Explanatory Statement of the Committee of Conference accompanying Conference Report No. 105–217, legislation in this section that would
have been estimated by the Office of Management and Budget
as changing direct spending or receipts under section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985 were
it included in an Act other than an appropriation Act shall be
treated as direct spending or receipts legislation, as appropriate,
under section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(f) JOINT VENTURE AGREEMENTS.
(1) IN GENERAL.—Subchapter I of chapter 417 is amended
by adding at the end the following:
‘‘§ 41716. Joint venture agreements
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) JOINT VENTURE AGREEMENT.—The term ‘joint venture
agreement’ means an agreement entered into by a major air
carrier on or after January 1, 1998, with regard to (A) codesharing, blocked-space arrangements, long-term wet leases (as
defined in section 207.1 of title 14, Code of Federal Regulations)

49 USC 41716.

112 STAT. 2681–589

Federal Register,
publication.

PUBLIC LAW 105–277—OCT. 21, 1998

of a substantial number (as defined by the Secretary by regulation) of aircraft, or frequent flyer programs, or (B) any other
cooperative working arrangement (as defined by the Secretary
by regulation) between 2 or more major air carriers that affects
more than 15 percent of the total number of available seat
miles offered by the major air carriers.
‘‘(2) MAJOR AIR CARRIER.—The term ‘major air carrier’
means a passenger air carrier that is certificated under chapter
411 of this title and included in Carrier Group III under criteria
contained in section 04 of part 241 of title 14, Code of Federal
Regulations.
‘‘(b) SUBMISSION OF JOINT VENTURE AGREEMENT.—At least 30
days before a joint venture agreement may take effect, each of
the major air carriers that entered into the agreement shall submit
to the Secretary—
‘‘(1) a complete copy of the joint venture agreement and
all related agreements; and
‘‘(2) other information and documentary material that the
Secretary may require by regulation.
‘‘(c) EXTENSION OF WAITING PERIOD.—
‘‘(1) IN GENERAL.—The Secretary may extend the 30-day
period referred to in subsection (b) until—
‘‘(A) in the case of a joint venture agreement with
regard to code-sharing, the 150th day following the last
day of such period; and
‘‘(B) in the case of any other joint venture agreement,
the 60th day following the last day of such period.
‘‘(2) PUBLICATION OF REASONS FOR EXTENSION.—If the Secretary extends the 30-day period referred to in subsection (b),
the Secretary shall publish in the Federal Register the Secretary’s reasons for making the extension.
‘‘(d) TERMINATION OF WAITING PERIOD.—At any time after the
date of submission of a joint venture agreement under subsection
(b), the Secretary may terminate the waiting periods referred to
in subsections (b) and (c) with respect to the agreement.
‘‘(e) REGULATIONS.—The effectiveness of a joint venture agreement may not be delayed due to any failure of the Secretary
to issue regulations to carry out this section.
‘‘(f) MEMORANDUM TO PREVENT DUPLICATIVE REVIEWS.—
Promptly after the date of enactment of this section, the Secretary
shall consult with the Assistant Attorney General of the Antitrust
Division of the Department of Justice in order to establish, through
a written memorandum of understanding, preclearance procedures
to prevent unnecessary duplication of effort by the Secretary and
the Assistant Attorney General under this section and the antitrust
laws of the United States, respectively.
‘‘(g) PRIOR AGREEMENTS.—With respect to a joint venture agreement entered into before the date of enactment of this section
as to which the Secretary finds that—
‘‘(1) the parties submitted the agreement to the Secretary
before such date of enactment; and
‘‘(2) the parties submitted all information on the agreement
requested by the Secretary,
the waiting period described in paragraphs (2) and (3) shall begin
on the date, as determined by the Secretary, on which all such
information was submitted and end on the last day to which the
period could be extended under this section.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–590

‘‘(h) LIMITATION ON STATUTORY CONSTRUCTION.—The authority
granted to the Secretary under this section shall not in any way
limit the authority of the Attorney General to enforce the antitrust
laws as defined in the first section of the Clayton Act (15 U.S.C.
12).’’.
(2) CONFORMING AMENDMENT.—The analysis for subchapter
I of chapter 417 is amended by adding at the end the following:
‘‘41716. Joint venture agreements.’’.

(g) COMPETITIVE PRACTICES IN THE AIRLINE INDUSTRY.—
(1) NATIONAL RESEARCH COUNCIL.—
(a) STUDY.—The National Research Council of the
National Academy of Sciences shall complete a comprehensive update of the 1991 study of airline deregulation prepared by the Transportation Research Board of the Council.
The update shall include updated versions of the chapters
contained in the study pertaining to competitive issues
in the airline industry as well as recommendations for
changes in the statutory framework under which the airline
industry operates.
(b) REPORT BY NATIONAL RESEARCH COUNCIL.—Not
later than 6 months after the date of enactment of this
Act, the National Research Council shall transmit to Congress and the Secretary of Transportation a report containing the results of the study conducted under paragraph
(a).
(c) REPORT BY THE SECRETARY.—Not later than 2
months after the date on which the Secretary receives
the report of the National Research Council under paragraph (b), the Secretary shall transmit to Congress a report
containing the response of the Secretary to the findings
and recommendations of the National Research Council.
(2) REPORT TO CONGRESS.—The Secretary shall conduct
a study and transmit to Congress a report that includes—
(a) a description of any complaints received by the
Secretary concerning acts of unfair competition or predatory pricing in the airline industry (including the number
of such complaints) and of specific examples of such acts;
(b) a description of the options of the Secretary for
addressing any acts of unfair competition or predatory
pricing identified under paragraph (a);
(c) an analysis of the guidelines proposed in Docket
OST–98–3713, including information documenting and
quantifying the impact of the guidelines on the items listed
in subsection (3)(c); and
(d) a description of the manner in which the Secretary
plans to coordinate the handling of predatory pricing and
unfair competition complaints against air carriers filed with
the Secretary and similar complaints filed with the Attorney General, including methods to ensure efficient use
of limited government resources and to ensure that all
parties avoid duplicate requests by government agencies
for information unless each of the agencies needs the
information to carry out its statutory responsibilities.
(3) GUIDELINES.—

112 STAT. 2681–591

PUBLIC LAW 105–277—OCT. 21, 1998

(a) ISSUANCE.—The Secretary shall not issue final
guidelines in Docket OST–98–3713 before the date of
transmittal to Congress of a report under subsection (2).
(b) TRANSMITTAL TO CONGRESS.—If the Secretary issues
final guidelines in Docket OST–98–3713, the Secretary
shall transmit the guidelines to Congress.
(c) IMPACT OF GUIDELINES.—If, as a result of the study
conducted under subsection (2), the Secretary decides to
issue final guidelines in Docket OST–98–3713 that are
different from the guidelines originally proposed, the Secretary shall, as part of the transmittal under paragraph
(b), include information that documents and quantifies the
impact of the guidelines on the following:
(i) Scheduled service to small- and medium-sized
communities.
(ii) Airfares, including the availability of senior
citizen, Internet, and standby discounts on routes covered by the guidelines.
(iii) The incentive and ability of major air carriers
to offer low airfares.
(iv) The incentive of new entrant air carriers to
offer low airfares.
(v) The ability of air carriers to offer inclusive
leisure travel for which airfares are not separately
advertised.
(vi) Members of frequent flyer programs.
(vii) The ability of air carriers to carry nonorigination and destination traffic on the portion of routes
that are served by new entrant air carriers covered
by the guidelines.
(viii) Airline employees.
(4) CONSULTATION.—In conducting the study under section
(2), the Secretary shall consult with the Attorney General,
major air carriers, new entrant air carriers, airport and community leaders, academic and economic experts, and airline
employees and passengers.
(5) EFFECTIVE DATE.—The guidelines adopted in Docket
OST–98–3713, or any similar guidelines, shall not become effective before the last day of the 12-week period beginning on
the date of transmittal to Congress of final guidelines in Docket
OST–98–3713, except that a week shall not count toward such
12-week period unless the House of Representatives is in session for legislative business at least 1 day during the week.
SEC. 111. STEEL IMPORTS INTO THE UNITED STATES. (a) FINDINGS.—Congress makes the following findings:
(1) The current financial crises in Asia, the independent
States of the former Soviet Union (as defined in section 3
of the FREEDOM Support Act), Russia, and other areas of
the world, involve significant depreciation in the currencies
of several key steel-producing and steel-consuming countries,
along with a collapse in the domestic demand for steel in
the countries.
(2) The crises have generated and will continue to generate
increases in United States imports of steel, both from the
countries whose currencies have been depreciated and from
other Asian steel-producing countries that are no longer able

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–592

to export steel to the countries that are experiencing an economic crisis.
(3) United States imports of finished steel mill products
from Asian steel-producing countries, such as the People’s
Republic of China, Japan, Korea, India, Taiwan, Indonesia,
Thailand, and Malaysia, increased by 79 percent in the first
5 months of 1998.
(4) Year-to-date imports of steel from Russia now exceed
the record import levels of 1997, and steel imports from Russia
and the Ukraine now approach 2,500,000 net tons.
(5) Foreign government trade restrictions and private
restraints of trade distort international trade and investment
patterns and result in burdens on United States commerce,
including absorption of a disproportionate share of steel
diverted from other countries.
(6) The European Union, for example, despite also being
a major economy, in 1997 imported only one-tenth as much
finished steel products from Asian steel-producing countries
as the United States did and has restricted imports of steel
from the independent states of the former Soviet Union and
Russia.
(7) The United States is simultaneously facing a substantial
increase in steel imports from the independent states of the
former Soviet Union and Russia, caused in part by the closure
of Asian markets to steel imports.
(8) There is a well recognized need for improvement in
the enforcement of the United States trade laws to provide
an effective response to situations of such increased imports.
(b) SENSE OF CONGRESS.—Congress calls upon the President
to—
(1) pursue enhanced enforcement of the United States trade
laws with respect to the increase in steel imports into the
United States, using all remedies available under United States
laws including imposition of offsetting duties, quantitative
restrictions, and other appropriate remedial measures;
(2) pursue with all methods at the President’s disposal
to achieve a more equitable sharing of the burden of accepting
imports of finished steel products from Asia and the independent states of the former Soviet Union;
(3) establish a task force within the executive branch that
has responsibility for closely monitoring imports of steel into
the United States; and
(4) report to Congress not later than January 5, 1999,
with a comprehensive plan for responding to the increase in
steel imports, including ways of limiting the deleterious effects
on employment, prices, and investment in the United States
steel industry.
SEC. 112. INCLUSION OF SPIRIT MOUND, SOUTH DAKOTA, ON
THE LEWIS AND CLARK TRAIL. (a) ACQUISITION.—The Secretary of
the Interior is authorized to acquire on a willing seller basis,
at a cost of not to exceed $600,000, the tract of land known as
‘‘Spirit Mound’’, located on South Dakota Highway 19 near Vermilion, South Dakota.
(b) INCLUSION ON THE LEWIS AND CLARK TRAIL.—The tract
described in subsection (a) shall be administered as part of the
Lewis and Clark National Historic Trail.

112 STAT. 2681–593

PUBLIC LAW 105–277—OCT. 21, 1998

(c) COOPERATIVE AGREEMENT.—The Secretary of the Interior
shall enter into a cooperative agreement with Lewis and Clark/
Spirit Mound Trust Inc., providing for the restoration, interpretation, and long-term preservation of, and public access to, Spirit
Mound.
SEC. 113. (a) DESIGNATION OF DICK CHENEY FEDERAL BUILDING.—The Federal Building and Post Office located at 100 East
B Street, Casper, Wyoming, shall be known and designated as
the ‘‘Dick Cheney Federal Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the Federal
Building and Post Office referred to in subsection (a) shall be
deemed to be a reference to the ‘‘Dick Cheney Federal Building’’.
SEC. 114. (a) DESIGNATION.—The United States Post Office
located at 297 Larkfield Road in East Northport, New York, shall
be known and designated as the ‘‘Jerome Anthony Ambro, Jr.
Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the United
States Post Office referred to in subsection (a) shall be deemed
to be a reference to the ‘‘Jerome Anthony Ambro, Jr. Post Office
Building’’.
SEC. 115. DESIGNATION OF LIEUTENANT HENRY O. FLIPPER STATION. (a) IN GENERAL.—The facility of the United States Postal
Service located at Tall Timbers Village Square, United States Highway 19 South, in Thomasville, Georgia, shall be known and designated as the ‘‘Lieutenant Henry O. Flipper Station’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
of the United States Postal Service referred to in subsection (a)
shall be deemed to be a reference to the ‘‘Lieutenant Henry O.
Flipper Station’’.
SEC. 116. WILLIAM R. ‘‘BILLY’’ ROLLE POST OFFICE BUILDING.
(a) DESIGNATION.—The United States Postal Service building
located at 3191 Grand Avenue in Coconut Grove, Florida, shall
be known and designated as the ‘‘William R. ‘Billy’ Rolle Post
Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the building
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘William R. ‘Billy’ Rolle Post Office Building’’.
SEC. 117. HELEN MILLER POST OFFICE BUILDING. (a) DESIGNATION.—The United States Postal Service building located at 550
Fisherman Street in Opa Locka, Florida, shall be known and designated as the ‘‘Helen Miller Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the building
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Helen Miller Post Office Building’’.
SEC. 118. ESSIE SILVA POST OFFICE BUILDING. (a) DESIGNATION.—The United States Postal Service building located at 18690
N.W. 37th Avenue in Carol City, Florida, shall be known and
designated as the ‘‘Essie Silva Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the building
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Essie Silva Post Office Building’’.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–594

SEC. 119. ATHALIE RANGE POST OFFICE BUILDING. (a) DESIGNATION.—The United States Postal Service building located at 500
North West 2d Avenue in Miami, Florida, shall be known and
designated as the ‘‘Athalie Range Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the building
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Athalie Range Post Office Building’’.
SEC. 120. GARTH REEVES, SR. POST OFFICE BUILDING. (a) DESIGNATION.—The United States Postal Service building located at
995 North West 119th Street in Miami, Florida, shall be known
and designated as the ‘‘Garth Reeves, Sr. Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the building
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Garth Reeves, Sr. Post Office Building’’.
SEC. 121. (a) DESIGNATION.—The United States Post Office
located at 16250 Highway 603 in Kiln, Mississippi, shall be known
and designated as the ‘‘Ray J. Favre Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the United
States Post Office referred to in subsection (a) shall be deemed
to be a reference to the ‘‘Ray J. Favre Post Office Building’’.
SEC. 122. (a) REDESIGNATION.—The building of the United
States Postal Service located at 2419 West Monroe Street, in Chicago, Illinois, and known as the Midwest Post Office Building,
shall be known and designated as the ‘‘Nancy B. Jefferson Post
Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the building
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Nancy B. Jefferson Post Office Building’’.
SEC. 123. (a) REDESIGNATION.—The facility of the United States
Postal Service located at 9719 Candelaria Road NE in Albuquerque,
New Mexico, and known as the Eldorado Station Post Office, shall
be known and designated as the ‘‘Steve Schiff Post Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Steve Schiff Post Office’’.
SEC. 124. (a) DESIGNATION.—The United States Post Office
located at 860 Penniman Avenue in Plymouth, Michigan, shall
be known and designated as the ‘‘Carl D. Pursell Post Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the United
States Post Office referred to in subsection (a) shall be deemed
to be a reference to the ‘‘Carl D. Pursell Post Office’’.
SEC. 125. (a) DESIGNATION.—The United States Post Office
located at 202 Center Street in Garwood, New Jersey, shall be
known and designated as the ‘‘James T. Leonard, Sr. Post Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the United
States Post Office referred to in subsection (a) shall be deemed
to be a reference to the ‘‘James T. Leonard, Sr. Post Office’’.
SEC. 126. EDGAR C. CAMPBELL, SR., POST OFFICE BUILDING.
(a) DESIGNATION.—The United States Postal Service building
located at 658 63rd Street, in Philadelphia, Pennsylvania, shall

112 STAT. 2681–595

PUBLIC LAW 105–277—OCT. 21, 1998

be known and designated as the ‘‘Edgar C. Campbell, Sr., Post
Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the building
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Edgar C. Campbell, Sr., Post Office Building’’.
SEC. 127. DAVID P. RICHARDSON, JR., POST OFFICE BUILDING.
(a) DESIGNATION.—The United States Postal Service building
located at 5209 Greene Street, in Philadelphia, Pennsylvania, shall
be known and designated as the ‘‘David P. Richardson, Jr., Post
Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the building
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘David P. Richardson, Jr., Post Office Building’’.
SEC. 128. (a) REDESIGNATION.—The building of the United
States Postal Service located at 324 South Laramie Street, in Chicago, Illinois, and known as the Austin Post Office Building, shall
be known and designated as the ‘‘Reverend Milton R. Brunson
Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the building
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Reverend Milton R. Brunson Post Office Building’’.
SEC. 129. DESIGNATION. (a) IN GENERAL.—The facility of the
United States Postal Service located at 3750 North Kedzie Avenue
in Chicago, Illinois, shall be known and designated as the ‘‘Daniel
J. Doffyn Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the United
States Post Office building referred to in subsection (a) shall be
deemed to be a reference to the ‘‘Daniel J. Doffyn Post Office
Building’’.
SEC. 130. (a) DESIGNATION.—The United States Post Office
located at 215 East Jackson Street in Painesville, Ohio, as the
‘‘Karl Bernal Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the United
States Post Office referred to in subsection (a) shall be deemed
to be a reference to the ‘‘Karl Bernal Post Office Building’’.
SEC. 131. (a) DESIGNATION.—The United States Post Office
located at 95 West #100 South in Provo, Utah, shall be known
and designated as the ‘‘Howard C. Nielson Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the United
States Post Office referred to in subsection (a) shall be deemed
to be a reference to the ‘‘Howard C. Nielson Post Office Building’’.
SEC. 132. (a) DESIGNATION.—The United States Postal Service
building located at 11550 Livingston Road, in Fort Washington,
Maryland, shall be known and designated as the ‘‘Jacob Joseph
Chestnut Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the building
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Jacob Joseph Chestnut Post Office Building’’.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–596

SEC. 133. (a) DESIGNATION.—The Federal building located at
309 North Church Street in Dyersburg, Tennessee, shall be known
and designated as the ‘‘Jere Cooper Federal Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the Federal
building referred to in subsection (a) shall be deemed to be a
reference to the ‘‘Jere Cooper Federal Building’’.
SEC. 134. Notwithstanding any other law, sections 101 (d),
(k), (p), (s) and (x) of the Omnibus Personnel Reform Amendment
Act of 1998, D.C. Law 12–124, effective June 11, 1998, are enacted
into law.
SEC. 135. (a) Any right, title, or interest of the United States
in the property described in subsection (b) is hereby waived.
(b) The property described in this subsection is certain real
property comprised of approximately 106.94 acres of land located
in Anne Arundel County in the State of Maryland, said property
being originally approximately 144.5 acres of land granted to the
United States to be held in title by the ‘‘Commissioners of the
District of Columbia on behalf of the United States of America’’,
in fee simple, by a Judgment of Taking in U.S. District Court,
Civil Action Number 2391, saving and excepting therefrom approximately 37.57 acres of land by deed dated June 17, 1947, and
recorded at Liber 584, Folio 591.
SEC. 136. FLOOD MITIGATION NEAR PIERRE, SOUTH DAKOTA.
(a) IN GENERAL.—
(1) LAND ACQUISITION.—To provide full operational capability to carry out the authorized purposes of the Missouri River
Main Stem dams that are part of the Pick-Sloan Missouri
River Basin Program authorized by section 9 of the Act entitled
‘‘An Act authorizing the construction of certain public works
on rivers and harbors for flood control, and other purposes’’,
approved December 22, 1944, the Secretary may acquire from
willing sellers such land and property in the vicinity of Pierre,
South Dakota, or floodproof or relocate such property within
the project area, as the Secretary determines is adversely
affected by the full wintertime Oahe Powerplant releases.
(2) OWNERSHIP AND USE.—Any land that is acquired under
this authority shall be kept in public ownership and will be
dedicated and maintained in perpetuity for a use that is compatible with any remaining flood threat.
(3) REPORT.—
(A) IN GENERAL.—The Secretary shall not obligate
funds to implement this paragraph until the Secretary
has completed a report addressing the criteria for selecting
which properties are to be acquired, relocated or
floodproofed, and a plan for implementing such measures
and has made a determination that the measures are
economically justified.
(B) DEADLINE.—The report shall be completed not later
than 180 days after funding is made available.
(4) COORDINATION AND COOPERATION.—The report and
implementation plan—
(A) shall be coordinated with the Federal Emergency
Management Agency; and
(B) shall be prepared in consultation with other Federal
agencies, and State and local officials, and residents.

112 STAT. 2681–597

31 USC 5111
note.

PUBLIC LAW 105–277—OCT. 21, 1998

(5) CONSIDERATIONS.—Such report should take into account
information from prior and ongoing studies.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $35,000,000.
SEC. 137. GRAND FORKS, NORTH DAKOTA, AND EAST GRAND
FORKS, MINNESOTA.—The following project for water resources
development and conservation and other purposes is authorized
to be carried out by the Secretary of the Army, acting through
the Chief of Engineers, substantially in accordance with the plans,
and subject to the conditions recommended in a final report of
the Chief of Engineers as approved by the Secretary, if the report
of the Chief is completed not later than December 31, 1998: The
project for flood damage reduction and recreation, Grand Forks,
North Dakota, and East Grand Forks, Minnesota, at a total cost
of $307,750,000, with an estimated Federal cost of $154,360,000
and an estimated non-Federal cost of $153,390,000.
SEC. 138. POLICE CORPS ACT. (a) TRAINING PERIOD.—
(1) IN GENERAL.—Section 200108 of the Police Corps Act
(42 U.S.C. 14097) is amended by striking subsection (b) and
inserting the following:
‘‘(b) TRAINING SESSIONS.—A participant in a State Police Corps
program shall attend up to 24 weeks, but no less than 16 weeks,
of training at a training center. The Director may approve training
conducted in not more than 3 separate sessions.’’.
(2) CONFORMING AMENDMENT.—Section 200108(c) of the
Police Corps Act (42 U.S.C. 14097(c)) is amended by striking
‘‘16 weeks of’’.
(b) REAUTHORIZATION.—Section 200112 of the Police Corps Act
(42 U.S.C. 14101) is amended by striking ‘‘$20,000’’ and all that
follows before the period and inserting ‘‘$50,000,000 for fiscal year
1999, $70,000,000 for fiscal year 2000, $90,000,000 for fiscal year
2001, and $90,000,000 for fiscal year 2002’’.
SEC. 139. CONGRESSIONAL GOLD MEDALS AND COMMEMORATIVE
COINS. (a) LITTLE ROCK NINE.—
(1) The Congress hereby finds the following:
(A) Jean Brown Trickey, Carlotta Walls LaNier, Melba
Patillo Beals, Terrence Roberts, Gloria Ray Karlmark,
Thelma Mothershed Wair, Ernest Green, Elizabeth
Eckford, and Jefferson Thomas, hereafter in this section
referred to as the ‘‘Little Rock Nine’’, voluntarily subjected
themselves to the bitter stinging pains of racial bigotry.
(B) The Little Rock Nine are civil rights pioneers whose
selfless acts considerably advanced the civil rights debate
in this country.
(C) The Little Rock Nine risked their lives to integrate
Central High School in Little Rock, Arkansas, and subsequently the Nation.
(D) The Little Rock Nine sacrificed their innocence
to protect the American principle that we are all ‘‘one
Nation, under God, indivisible’’.
(E) The Little Rock Nine have indelibly left their mark
on the history of the Nation.
(F) The Little Rock Nine have continued to work
toward equality for all Americans.
(2)(A) The President is authorized to present, on behalf
of Congress, to Jean Brown Trickey, Carlotta Walls LaNier,
Melba Patillo Beals, Terrence Roberts, Gloria Ray Karlmark,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–598

Thelma Mothershed Wair, Ernest Green, Elizabeth Eckford,
and Jefferson Thomas, commonly referred to as the ‘‘Little
Rock Nine’’, gold medals of appropriate design, in recognition
of the selfless heroism such individuals exhibited and the pain
they suffered in the cause of civil rights by integrating Central
High School in Little Rock, Arkansas.
(B) For purposes of the presentation referred to in subsection (A) the Secretary of the Treasury shall strike a gold
medal with suitable emblems, devices, and inscriptions to be
determined by the Secretary for each recipient.
(C) Effective October 1, 1998, there be authorized to be
appropriated such sums as may be necessary to carry out
this subsection.
(3)(A) The Secretary of the Treasury may strike and sell
duplicates in bronze of the gold medals struck pursuant to
subsection (a)(2)(B) under such regulations as the Secretary
may prescribe, at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.
(B) The appropriation used to carry out this subsection
shall be reimbursed out of the proceeds of sales under subsection (a)(3)(A).
(4) The medals struck pursuant to this subsection are
national medals for purposes of chapter 51 of title 31, United
States Code.
(b) GERALD R. AND BETTY FORD.—
(1) The President is authorized to present, on behalf of
the Congress, to Gerald R. and Betty Ford a gold medal of
appropriate design—
(A) in recognition of their dedicated public service and
outstanding humanitarian contributions to the people of
the United States; and
(B) in commemoration of the following occasions in
1998:
(i) The 85th anniversary of the birth of President
Ford.
(ii) The 80th anniversary of the birth of Mrs. Ford.
(iii) The 50th wedding anniversary of President
and Mrs. Ford.
(iv) The 50th anniversary of the 1st election of
Gerald R. Ford to the United States to the United
States House of Representatives.
(v) The 25th anniversary of the approval of Gerald
R. Ford by the Congress to become Vice President
of the United States.
(2) For purposes of the presentation referred to in subsection (b)(1), the Secretary of the Treasury shall strike a
gold medal with suitable emblems, devices, and inscriptions
to be determined by the Secretary.
(3) There are authorized to be appropriated not to exceed
$20,000 to carry out this subsection.
(4) The Secretary of the Treasury may strike and sell
duplicates in bronze of the gold medal struck pursuant to
subsection (b)(2) under such regulations as the Secretary may
prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.

Effective date.

112 STAT. 2681–599

31 USC 5112
note.

PUBLIC LAW 105–277—OCT. 21, 1998

(5) The appropriation used to carry out this subsection
shall be reimbursed out of the proceeds of sales under subsection (b)(4).
(6) The medals struck pursuant to this subsection are
national medals for purposes of chapter 51 of title 31, United
States Code.
(c) 6-MONTH EXTENSION FOR CERTAIN SALES.—Notwithstanding
section 101(7)(D) of the United States Commemorative Coin Act
of 1996, the Secretary of the Treasury may, at any time before
January 1, 1999, make bulk sales at a reasonable discount to
the Jackie Robinson Foundation of not less than 20 percent of
any denomination of proof and uncirculated coins minted under
section 101(7) of such Act which remained unissued as of July
1, 1998, except that the total number of coins of any such denomination which were issued under such section or this section may
not exceed the amount of such denomination of coins which were
authorized to be minted and issued under section 101(7)(A) of
such Act.
SEC. 140. (a) LAND CONVEYANCE, SAN JOAQUIN COUNTY,
CALIFORNIA.—Notwithstanding any other provision of law (including
the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.)), the Attorney General shall convey, by quit
claim deed and by negotiated sale, to the City of Tracy, California
(in this section referred to as the ‘‘City’’), the interest of the United
States in a parcel of real property consisting of approximately
200 acres located in San Joaquin County, California, and currently
administered by the Federal Bureau of Prisons of the Department
of Justice. The Attorney General shall complete the conveyance
to the City not later than 120 days after the date of the enactment
of this Act.
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Attorney
General. The cost of the survey shall be borne by the City.
(c) PURPOSE OF CONVEYANCE.—The purpose of the real property
conveyance under subsection (a) is to permit the City to use approximately 150 acres of the conveyed property as the location of a
joint secondary and post secondary educational facility and for
other educational purposes and to use approximately 50 acres of
the conveyed property for economic development. In the event that
the City determines that a joint secondary and post secondary
educational facility is unfeasible for the 150-acre portion of the
conveyed property, the City shall use up to 50 acres of that portion
for at least 30 years as the location for a secondary school and
for other educational purposes and use up to 100 acres of that
portion as a public park and for other recreational purposes.
(d) CONDITIONS ON USE.—(1) The use of the real property
conveyed under subsection (a) for educational purposes, as provided
in subsection (c), shall be subject to the approval of the Secretary
of Education.
(2) The use of the conveyed real property for economic development, as provided in subsection (c), shall be subject to the approval
of the Attorney General.
(3) If a portion of the conveyed real property is used as a
public park or for other recreational purposes, as provided in subsection (c), the use of such portion shall be subject to the approval
of the Secretary of the Interior.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–600

(e) REVERSIONARY INTERESTS.—(1) If the Secretary of Education
determines at any time that the portion of the real property conveyed under subsection (a) that is to be used for educational purposes is not being used for such purposes, all right, title, and
interest in and to that portion of the property, including any
improvements thereon, shall revert to the United States.
(2) If the Attorney General determines at any time that the
portion of the real property conveyed under subsection (a) that
is to be used for economic development is not being used for such
purposes, all right, title, and interest in and to that portion of
the property, including any improvements thereon, shall revert
to the United States.
(3) If a portion of the real property conveyed under subsection
(a) is used as a public park or for other recreational purposes,
as provided in subsection (c), and the Secretary of the Interior
determines that such portion is no longer being used for such
purposes, all right, title, and interest in and to that portion of
the property, including any improvements thereon, shall revert
to the United States.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Attorney General
may require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Attorney General
considers appropriate to protect the interests of the United States.
SEC. 141. (a) SHORT TITLE. This section may be cited as the
‘‘Lorton Technical Corrections Act of 1998’’.
(b) TRANSFER OF LAND TO GENERAL SERVICES ADMINISTRATION.
Section 11201 of the National Capital Revitalization and SelfGovernment Improvement Act of 1997 (Public Law 105–33; D.C.
Code 24–1201) is amended—
(1) by redesignating the second subsection (g) and subsection (h) as subsections (h) and (i);
(2) in subsection (g)(1)—
(A) by inserting ‘‘(A)’’ before ‘‘Notwithstanding’’;
(B) by striking ‘‘Except as provided in paragraph (2)’’
and all that follows through ‘‘Department of the Interior.’’;
and
(C) by adding at the end the following new subparagraphs:
‘‘(B) Contingent on the General Services Administration
(GSA) receiving the necessary appropriations to carry out the
requirements of this paragraph and subsection (g), and notwithstanding the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471 et seq.), not later than 60 days after
the date of the enactment of the Lorton Technical Corrections
Act of 1998, any property on which the Lorton Correctional
Complex is located shall be transferred to the GSA.
‘‘(C) Not later than 1 year after the date of the enactment
of the Lorton Technical Corrections Act of 1998, Fairfax County
shall submit a reuse plan that complies with all requisite
approvals to the Administrator of General Services, that aims
to maximize use of the land for open space, park land, or
recreation, while delineating permissible or required uses,
potential development densities, and any time limits on such
development factors of the property on which the Lorton Correctional Complex is located.
‘‘(D) Not later than 180 days after the date of the enactment
of the Lorton Technical Corrections Act of 1998, the Secretary

Lorton Technical
Corrections Act
of 1998.

Government
organization.

112 STAT. 2681–601

PUBLIC LAW 105–277—OCT. 21, 1998

of the Interior shall notify GSA of any property it requests
to be transferred to the Department of the Interior for the
purpose of a land exchange by the United States Fish and
Wildlife Service within the Commonwealth of Virginia or such
other purposes consistent with the reuse plan developed by
Fairfax County as the Secretary may request. The Administrator of General Services shall approve the Secretary’s request
to the extent that the request is consistent with the reuse
plan developed by Fairfax County and does not result in a
significant reduction in the marketability or value of any
remaining property. The Administrator of General Services
shall coordinate with the Secretary of the Interior to resolve
any conflicts presented by the Department of the Interior’s
request and shall transfer the property to the Department
of the Interior at no cost.
‘‘(E) Any property not transferred to the Department of
the Interior under subparagraph (D) shall be disposed of according to paragraphs (2) and (4).’’;
(3) in subsection (g)(2)(A)(ii) by striking ‘‘Department of
Parks and Recreation’’ each place it appears and inserting
‘‘Park Authority’’;
(4) in subsection (g) by adding at the end the following
new paragraphs:
‘‘(4) CONDITIONS ON TRANSFER OF LORTON PROPERTY EAST
OF OX ROAD (STATE ROUTE 123).—
‘‘(A) IN GENERAL.—With respect to property east of
Ox Road (State Route 123) on which the Lorton Correctional Complex is located, the Administrator of General
Services shall—
‘‘(i) cooperate with the District of Columbia Corrections Trustee to determine property necessary for the
Trustee to maintain the security of the Lorton Correctional Complex until its closure;
‘‘(ii) prepare a report of title, complete a property
description, provide protection and maintenance, conduct an environmental assessment of the property to
determine the extent of contamination, complete
National Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.) and National Historic Preservation Act
(16 U.S.C. 470 et seq.) processes for closure and disposal of the property, and provide an estimate of the
cost for remediation and contingent on receiving the
necessary appropriations complete the remediation in
compliance with applicable Federal and State environmental laws;
‘‘(iii) develop a disposition strategy incorporating
the Fairfax County reuse plan and the Department
of the Interior’s land transfer request, and resolve conflicts between the plan and the transfer request, or
between the reuse plan, the transfer request and the
results of the environmental studies;
‘‘(iv) negotiate with any entity that has a lease,
agreement, memorandum of understanding, right-ofway, or easement with the District of Columbia to
occupy or utilize any parcels of such property on the
date of the enactment of this title, to perfect or extend

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–602

such lease, agreement, memorandum of understanding,
right-of-way, or easement;
‘‘(v) transfer any property identified for use for
open space, park land, or recreation in the Fairfax
County reuse plan to the Northern Virginia Regional
Park Authority, the Fairfax County Park Authority,
or another public entity, subject to the condition that
the recipient use the conveyed property only for open
space, park land, or recreation and that the transfer
be at fair market value considering the highest and
best use of the property to be open space, park land,
and recreation;
‘‘(vi) not later than 60 days after the property
is transferred to the General Services Administration,
transfer at fair market value the six-acre parcel east
of Shirley Highway on Interstate 95 to Amtrak, subject
to such terms and conditions as the Administrator
determines to be in the best interest of the United
States;
‘‘(vii) dispose of any parcels not reserved by the
Department of the Interior and not otherwise
addressed under this subparagraph at fair market
value, subject to such terms and conditions as the
Administrator determines to be in the best interest
of the United States;
‘‘(viii) deposit any proceeds from the sale of property on which the Lorton Correctional Complex is
located into a special fund established in the treasury
for purposes of covering real property utilization and
disposal related expenses, including environmental
compliance and remediation for the Lorton Correctional
Complex until all property has been conveyed; and
‘‘(ix) deposit any remaining funds in the Policy
and Operations appropriation account of the General
Services Administration to be used for real property
utilization and disposal activities until expended.
‘‘(B) REPORT.—Not later than 90 days after the date
of the receipt of the Fairfax County reuse plan and the
Department of the Interior property transfer request by
the Administrator of General Services, the Administrator
shall report to the Committees on Appropriations and
Government Reform and Oversight of the House of Representatives, and the Committees on Appropriations and
Governmental Affairs of the Senate on plans to comply
with the terms of this paragraph and any estimated costs
associated with such compliance.
‘‘(C) AUTHORIZATION.—There is authorized to be appropriated such sums as are necessary from the general funds
of the Treasury, to remain available until expended, to
the Policy and Operations appropriation account of the
General Services Administration for the real property utilization and disposal activities in carrying out the provisions
of this title.
‘‘(5) JURISDICTION.—Any property disposed of according to
paragraphs (2) and (4) shall be under the jurisdiction of the
Commonwealth of Virginia. Any development of such property
and any property transferred to the Department of the Interior

112 STAT. 2681–603

Olympic and
Amateur Sports
Act Amendments
of 1998.
36 USC 101 note.

Short title.
Ante, p. 1465.

PUBLIC LAW 105–277—OCT. 21, 1998

for exchange purposes shall comply with any applicable planning and zoning requirements of Fairfax County and the Fairfax County reuse plan.’’.
SEC. 142. OLYMPIC AND AMATEUR SPORTS. (a) SHORT TITLE.—
This section may be cited as the ‘‘Olympic and Amateur Sports
Act Amendments of 1998’’.
(b) AMENDMENT OF TITLE 36, UNITED STATES CODE; TITLE
OF CHAPTER.—
(1) Except as otherwise expressly provided, whenever in
this section an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of title 36, United States Code.
(2) Section 220501 is amended—
(A) by striking ‘‘Definitions’’ in the heading and
inserting ‘‘Title and Definitions’’;
(B) by inserting after the heading the following:
‘‘(a) TITLE.—This chapter may be cited as the ‘Ted Stevens
Olympic and Amateur Sports Act’.’’; and
(C) by inserting ‘‘(b) DEFINITIONS.—’’ immediately
before ‘‘For the purposes of’’.
(c) DEFINITIONS.—Section 220501 is amended by—
(1) inserting ‘‘or paralympic sports organization’’ after
‘‘national governing body’’ in paragraph (1);
(2) redesignating paragraph (7) as paragraph (8); and
(3) inserting after paragraph (6) the following:
‘‘(7) ‘paralympic sports organization’ means an amateur sports
organization which is recognized by the corporation under section
220521 of this title.’’.
(d) PURPOSES.—Section 220503 is amended by—
(1) striking ‘‘Olympic Games’’ each place it appears in
paragraphs (3) and (4) and inserting ‘‘Olympic Games, the
Paralympic Games,’’; and
(2) striking paragraph (13) and inserting the following:
‘‘(13) to encourage and provide assistance to amateur athletic programs and competition for amateur athletes with
disabilities, including, where feasible, the expansion of
opportunities for meaningful participation by such amateur
athletes in programs of athletic competition for able-bodied
amateur athletes; and’’.
(e) MEMBERSHIP.—Section 220504(b) is amended by—
(1) striking paragraphs (1) and (2) and inserting the following:
‘‘(1) amateur sports organizations recognized as national
governing bodies and paralympic sports organizations in accordance with section 220521 of this title, including through provisions which establish and maintain a National Governing Bodies’ Council composed of representatives of the national governing bodies and any paralympic sports organizations and selected
by their boards of directors or such other governing boards
to ensure effective communication between the corporation and
such national governing bodies and paralympic sports organizations;
‘‘(2) amateur athletes who are actively engaged in amateur
athletic competition or who have represented the United States
in international amateur athletic competition within the preceding 10 years, including through provisions which—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–604

‘‘(A) establish and maintain an Athletes’ Advisory
Council composed of, and elected by, such amateur athletes
to ensure communication between the corporation and such
amateur athletes; and
‘‘(B) ensure that the membership and voting power
held by such amateur athletes is not less than 20 percent
of the membership and voting power held in the board
of directors of the corporation and in the committees and
entities of the corporation;’’; and
(2) inserting a comma and ‘‘the Paralympic Games,’’ after
‘‘Olympic Games’’ in paragraph (3).
(f) POWERS.—
(1) GENERAL CORPORATE POWERS.—Section 220505(b)(9) is
amended by striking ‘‘sued; and’’ and inserting ‘‘sued, except
that any civil action brought in a State court against the
corporation and solely relating to the corporation’s responsibilities under this Act shall be removed, at the request of the
corporation, to the district court of the United States in the
district in which the action was brought, and such district
court shall have original jurisdiction over the action without
regard to the amount in controversy or citizenship of the parties
involved, and except that neither this paragraph nor any other
provision of this chapter shall create a private right of action
under this chapter; and’’.
(2) POWERS RELATED TO AMATEUR ATHLETICS AND THE
OLYMPIC GAMES.—Section 220505(c) is amended by—
(A) striking ‘‘Organization;’’ in paragraph (2) and
inserting ‘‘Organization and as its national Paralympic
committee in relations with the International Paralympic
Committee;’’;
(B) striking ‘‘Games and of’’ in paragraph (3) and
inserting ‘‘Games, the Paralympic Games, and’’;
(C) striking ‘‘Games;’’ in paragraph (4) and inserting
‘‘Games, or as paralympic sports organizations for any sport
that is included on the program of the Paralympic Games;’’;
and
(D) striking ‘‘Games,’’ in paragraph (5) and inserting
‘‘Games, the Paralympic Games, the Pan-American Games,
world championship competition,’’.
(g) USE OF OLYMPIC, PARALYMPIC, AND PAN-AMERICAN SYMBOLS.—Section 220506 is amended by—
(1) striking ‘‘rings;’’ in subsection (a)(2) and inserting ‘‘rings,
the symbol of the International Paralympic Committee, consisting of 3 TaiGeuks, or the symbol of the Pan-American Sports
Organization, consisting of a torch surrounded by concentric
rings;’’;
(2) inserting ‘‘ ‘Paralympic’, ‘Paralympiad’, ‘Pan-American’,
‘America Espirito Sport Fraternite’,’’ before ‘‘or any combination’’ in subsection (a)(4);
(3) inserting a comma and ‘‘International Paralympic
Committee, the Pan-American Sports Organization,’’ after
‘‘International Olympic Committee’’ in subsection (b);
(4) inserting ‘‘the Paralympic team,’’ before ‘‘the Pan-American team’’ in subsection (b);
(5) inserting a comma and ‘‘Paralympic, or Pan-American
Games’’ after ‘‘any Olympic’’ in subsection (c)(3);

Establishment.

112 STAT. 2681–605

PUBLIC LAW 105–277—OCT. 21, 1998

(6) inserting a comma and ‘‘the International Paralympic
Committee, the Pan-American Sports Organization,’’ after
‘‘International Olympic Committee’’ in subsection (c)(4);
(7) inserting ‘‘AND GEOGRAPHIC REFERENCE’’ after
‘‘PRE-EXISTING’’ in subsection (d); and
(8) adding at the end of subsection (d) the following:
‘‘(3) Use of the word ‘Olympic’ to identify a business or
goods or services is permitted by this section where—
‘‘(A) such use is not combined with any of the intellectual properties referenced in subsections (a) or (c) of this
section;
‘‘(B) it is evident from the circumstances that such
use of the word ‘Olympic’ refers to the naturally occurring
mountains or geographical region of the same name that
were named prior to February 6, 1998, and not to the
corporation or any Olympic activity; and
‘‘(C) such business, goods, or services are operated,
sold, and marketed in the State of Washington west of
the Cascade Mountain range and operations, sales, and
marketing outside of this area are not substantial.’’.
(h) RESOLUTION OF DISPUTES.—Section 220509 is amended by—
(1) inserting ‘‘(a) GENERAL.—’’ before ‘‘The corporation’’;
(2) inserting ‘‘the Paralympic Games,’’ before ‘‘the PanAmerican Games’’;
(3) inserting after ‘‘the corporation.’’ the following: ‘‘In any
lawsuit relating to the resolution of a dispute involving the
opportunity of an amateur athlete to participate in the Olympic
Games, the Paralympic Games, or the Pan-American Games,
a court shall not grant injunctive relief against the corporation
within 21 days before the beginning of such games if the
corporation, after consultation with the chair of the Athletes’
Advisory Council, has provided a sworn statement in writing
executed by an officer of the corporation to such court that
its constitution and bylaws cannot provide for the resolution
of such dispute prior to the beginning of such games.’’; and
(4) adding at the end thereof the following:
‘‘(b) OMBUDSMAN.—
‘‘(1) The corporation shall hire and provide salary, benefits,
and administrative expenses for an ombudsman for athletes,
who shall—
‘‘(A) provide independent advice to athletes at no cost
about the applicable provisions of this chapter and the
constitution and bylaws of the corporation, national governing bodies, a paralympic sports organizations, international
sports federations, the International Olympic Committee,
the International Paralympic Committee, and the PanAmerican Sports Organization, and with respect to the
resolution of any dispute involving the opportunity of an
amateur athlete to participate in the Olympic Games, the
Paralympic Games, the Pan-American Games, world championship competition or other protected competition as
defined in the constitution and bylaws of the corporation;
‘‘(B) assist in mediating any such disputes; and
‘‘(C) report to the Athletes’ Advisory Council on a regular basis.
‘‘(2)(A) The procedure for hiring the ombudsman for athletes shall be as follows:

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–606

‘‘(i) The Athletes’ Advisory Council shall provide the
corporation’s executive director with the name of one qualified person to serve as ombudsman for athletes.
‘‘(ii) The corporation’s executive director shall immediately transmit the name of such person to the corporation’s executive committee.
‘‘(iii) The corporation’s executive committee shall hire
or not hire such person after fully considering the advice
and counsel of the Athletes’ Advisory Council.
‘‘If there is a vacancy in the position of the ombudsman for
athletes, the nomination and hiring procedure set forth in this
paragraph shall be followed in a timely manner.
‘‘(B) The corporation may terminate the employment of
an individual serving as ombudsman for athletes only if—
‘‘(i) the termination is carried out in accordance with
the applicable policies and procedures of the corporation;
‘‘(ii) the termination is initially recommended to the
corporation’s executive committee by either the corporation’s executive director or by the Athletes’ Advisory Council; and
‘‘(iii) the corporation’s executive committee fully considers the advice and counsel of the Athletes’ Advisory Council
prior to deciding whether or not to terminate the employment of such individual.’’.
(i) AGENT FOR SERVICE OF PROCESS.—The text of section 220510
is amended to read as follows: ‘‘As a condition to the exercise
of any power or privilege granted by this chapter, the corporation
shall have a designated agent in the State of Colorado to receive
service of process for the corporation. Notice to or service on the
agent, or mailed to the business address of the agent, is notice
to or service on the corporation.’’.
(j) REPORT.—
(1) Section 220511(a) is amended to read as follows:
‘‘(a) SUBMISSION TO PRESIDENT AND CONGRESS.—The corporation shall, on or before the first day of June, 2001, and every
fourth year thereafter, transmit simultaneously to the President
and to each House of Congress a detailed report of its operations
for the preceding 4 years, including—
‘‘(1) a complete statement of its receipts and expenditures;
‘‘(2) a comprehensive description of the activities and
accomplishments of the corporation during such 4-year period;
‘‘(3) data concerning the participation of women, disabled
individuals, and racial and ethnic minorities in the amateur
athletic activities and administration of the corporation and
national governing bodies; and
‘‘(4) a description of the steps taken to encourage the
participation of women, disabled individuals, and racial minorities in amateur athletic activities.’’.
(2) The chapter analysis for chapter 2205 is amended by
striking the item relating to section 220511 and inserting the
following:
‘‘220511. Report.’’.

(k) COMPLETE TEAMS.—
(1) GENERAL.—Subchapter I of chapter 2205 is amended
by adding at the end thereof the following:

112 STAT. 2681–607

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘§ 220512. Complete teams
‘‘In obtaining representation for the United States in each
competition and event of the Olympic Games, Paralympic Games,
and Pan-American Games, the corporation, either directly or by
delegation to the appropriate national governing body or paralympic
sports organization, may select, but is not obligated to select (even
if not selecting will result in an incomplete team for an event),
athletes who have not met the eligibility standard of the national
governing body and the Corporation, when the number of athletes
who have met the eligibility standards of such entities is insufficient
to fill the roster for an event.’’.
(2) The chapter analysis for chapter 2205 is amended by
inserting after the item relating to section 220511 the following:
‘‘220512. Complete teams.’’.

(l) RECOGNITION OF AMATEUR SPORTS ORGANIZATIONS.—Section
220521 is amended by—
(1) striking the first sentence of subsection (a) and inserting
the following: ‘‘For any sport which is included on the program
of the Olympic Games, the Paralympic Games, or the PanAmerican Games, the corporation is authorized to recognize
as a national governing body (in the case of a sport on the
program of the Olympic Games or Pan-American Games) or
as a paralympic sports organization (in the case of a sport
on the program of the Paralympic Games for which a national
governing body has not been designated under section
220522(b)) an amateur sports organization which files an
application and is eligible for such recognition in accordance
with the provisions of subsections (a) or (b) of section 220522.’’;
(2) striking ‘‘approved.’’ in subsection (a) and inserting
‘‘approved, except as provided in section 220522(b) with respect
to a paralympic sports organization.’’;
(3) striking ‘‘hold a public hearing’’ in subsection (b) and
inserting ‘‘hold at least 2 public hearings’’;
(4) striking ‘‘hearing.’’ each place it appears in subsection
(b) and inserting ‘‘hearings.’’; and
(5) adding at the end of subsection (b) the following: ‘‘The
corporation shall send written notice, which shall include a
copy of the application, at least 30 days prior to the date
of any such public hearing to all amateur sports organizations
known to the corporation in that sport.’’.
(m) ELIGIBILITY REQUIREMENTS.—Section 220522 is amended
by—
(1) inserting ‘‘(a) GENERAL.—’’ before ‘‘An amateur’’;
(2) striking paragraph (4) and inserting the following:
‘‘(4) agrees to submit to binding arbitration in any controversy involving—
‘‘(A) its recognition as a national governing body, as
provided for in section 220529 of this title, upon demand
of the corporation; and
‘‘(B) the opportunity of any amateur athlete, coach,
trainer, manager, administrator or official to participate
in amateur athletic competition, upon demand of the corporation or any aggrieved amateur athlete, coach, trainer,
manager, administrator or official, conducted in accordance
with the Commercial Rules of the American Arbitration
Association, as modified and provided for in the

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–608

corporation’s constitution and bylaws, except that if the
Athletes’ Advisory Council and National Governing Bodies’
Council do not concur on any modifications to such Rules,
and if the corporation’s executive committee is not able
to facilitate such concurrence, the Commercial Rules of
Arbitration shall apply unless at least two-thirds of the
corporation’s board of directors approves modifications to
such Rules;’’;
(3) striking paragraph (10) and inserting the following:
‘‘(10) demonstrates, based on guidelines approved by the
corporation, the Athletes’ Advisory Council, and the National
Governing Bodies’ Council, that its board of directors and other
such governing boards have established criteria and election
procedures for and maintain among their voting members
individuals who are actively engaged in amateur athletic competition in the sport for which recognition is sought or who
have represented the United States in international amateur
athletic competition within the preceding 10 years, that any
exceptions to such guidelines by such organization have been
approved by the corporation, and that the voting power held
by such individuals is not less than 20 percent of the voting
power held in its board of directors and other such governing
boards;’’;
(4) inserting ‘‘or to participation in the Olympic Games,
the Paralympic Games, or the Pan-American Games’’ after
‘‘amateur status’’ in paragraph (14); and
(5) adding at the end thereof the following:
‘‘(b) RECOGNITION OF PARALYMPIC SPORTS ORGANIZATIONS.—
For any sport which is included on the program of the Paralympic
Games, the corporation is authorized to designate, where feasible
and when such designation would serve the best interest of the
sport, and with the approval of the affected national governing
body, a national governing body recognized under subsection (a)
to govern such sport. Where such designation is not feasible or
would not serve the best interest of the sport, the corporation
is authorized to recognize another amateur sports organization as
a paralympic sports organization to govern such sport, except that,
notwithstanding the other requirements of this chapter, any such
paralympic sports organization—
‘‘(1) shall comply only with those requirements, perform
those duties, and have those powers that the corporation, in
its sole discretion, determines are appropriate to meet the
objects and purposes of this chapter; and
‘‘(2) may, with the approval of the corporation, govern
more than one sport included on the program of the Paralympic
Games.’’.
(n) AUTHORITY OF NATIONAL GOVERNING BODIES.—Section
220523 is amended by—
(1) striking ‘‘Games and’’ in paragraph (6) and inserting
‘‘Games, the Paralympic Games, and’’; and
(2) striking ‘‘Games and’’ in paragraph (7) and inserting
‘‘Games, the Paralympic Games, and’’.
(o) DUTIES OF NATIONAL GOVERNING BODIES.—Section 220524
is amended by—
(1) redesignating paragraphs (4) through (8) as paragraphs
(5) through (9); and
(2) inserting after paragraph (3) the following:

112 STAT. 2681–609

36 USC 220501
note.

Ante, p. 2332.

110 Stat. 2650.

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(4) disseminate and distribute to amateur athletes,
coaches, trainers, managers, administrators, and officials in
a timely manner the applicable rules and any changes to such
rules of the national governing body, the corporation, the appropriate international sports federation, the International Olympic Committee, the International Paralympic Committee, and
the Pan-American Sports Organization;’’.
(p) REPLACEMENT OF NATIONAL GOVERNING BODY.—Section
220528 is amended by—
(1) striking ‘‘Olympic Games or both’’ in subsection (c)(1)(A)
and inserting ‘‘Olympic Games or the Paralympic Games, or
in both’’;
(2) striking ‘‘registered’’ in subsection (c)(2) and inserting
‘‘certified’’;
(3) striking ‘‘body.’’ in subsection (c)(2) and inserting ‘‘body
and with any other organization that has filed an application.’’;
(4) inserting ‘‘open to the public’’ in subsection (d) after
‘‘formal hearing’’ in the first sentence;
(5) inserting after the second sentence in subsection (d)
the following: ‘‘The corporation also shall send written notice,
including a copy of the application, at least 30 days prior
to the date of the hearing to all amateur sports organizations
known to the corporation in that sport.’’; and
(6) striking ‘‘title.’’ in subsection (f)(4) and inserting ‘‘title
and notify such national governing body of such probation
and of the actions needed to comply with such requirements.’’.
(q) SPECIAL REPORT TO CONGRESS.—Five years from the date
of the enactment of this Act, the United States Olympic Committee
shall submit a special report to the Congress on the effectiveness
of the provisions of chapter 2205 of title 36, United States Code,
as amended by this Act, together with any additional proposed
changes to that chapter the United States Olympic Committee
determines are appropriate.
SEC. 143. Section 8106(a) of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under
section 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10 U.S.C.
113 note), is amended by striking ‘‘$3,000,000’’ and inserting
‘‘$1,000,000’’.
SEC. 144. Section 8120 of the Department of Defense Appropriations Act, 1999, is amended by striking out ‘‘owned, or partially
owned by’’ and inserting in lieu thereof ‘‘if the Secretary of Defense
determines that’’, and is further amended by inserting before the
period ‘‘owns more than a fifty per centum interest in the company’’.
SEC. 145. MODIFICATION OF LAND CONVEYANCE AUTHORITY,
ARMED FORCES RETIREMENT HOME. (a) POSTPONEMENT OF SALE.—
Subsection (a) of section 1053 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104–201), as amended by
section 1043 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, is further amended—
(1) by inserting ‘‘(1)’’ before ‘‘Notwithstanding’’; and
(2) by adding at the end the following:
‘‘(2) The sale under paragraph (1) may not occur before April
30, 1999.’’.
(b) DEPOSIT OF PROCEEDS OF SALE.—Subsection (b) of such
section 1053, as so amended, is further amended by adding at
the end the following:

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–610

‘‘(3) The payment received under paragraph (2) shall be deposited in the Armed Forces Retirement Home Trust Fund in accordance with section 1519(a)(2) of the National Defense Authorization
Act for Fiscal Year 1991 (104 Stat. 1730; 24 U.S.C. 419(a)(2)).’’.
SEC. 146. CERTIFICATION OF EXPORTS OF MISSILE EQUIPMENT
OR TECHNOLOGY TO CHINA. (a) CERTIFICATION.—Section 1512 of
the Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 is amended—
(1) by striking ‘‘The’’ and inserting ‘‘(a) CERTIFICATION.—
The’’; and
(2) by adding at the end the following:
‘‘(b) EXCEPTION.—The certification requirement contained in
subsection (a) shall not apply to the export of inertial reference
units and components in manned civilian aircraft or supplied as
spare or replacement parts for such aircraft.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the later of—
(1) the enactment of this Act; or
(2) the enactment of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999.
SEC. 147. The Secretary of the Navy, in consultation with
the Commandant of the Marine Corps, shall assess the requirement
for Marine Corps warfighting and attrition reserve F/A–18 aircraft
and monitor the viability of the existing F/A–18 production line
to meet these requirements: Provided, That, pursuant to section
8005 of the Department of Defense Appropriations Act, 1999, the
Secretary of the Navy may transfer funds sufficient to ensure
that the F/A–18 production capability remains available to meet
Marine Corps F/A–18 warfighting and attrition reserve aircraft
requirements through additional aircraft production.
SEC. 148. Section 8135 of the Department of Defense Appropriations Act, 1992 (Public Law 102–172; 105 Stat. 1212; 37 U.S.C.
301b note), is amended—
(1) in subsection (a), by inserting before the period at
the end the following: ‘‘or as a supplemental payment if the
officer’s final military pay account is already settled’’; and
(2) in subsection (b)—
(A) by inserting ‘‘applies’’ after ‘‘subsection (a)’’;
(B) by striking ‘‘January 17, 1991’’ and inserting
‘‘August 2, 1990’’;
(C) by inserting ‘‘(regardless of the date of the
commencement of combatant activities in such zone as
specified in that Executive Order)’’ after ‘‘as a combat zone’’;
and
(D) by striking ‘‘section 302b’’ and inserting ‘‘section
301b’’.
SEC. 149. (a) Chapter 12 of title 11 of the United States Code,
as in effect on September 30, 1998, is hereby reenacted for the
period beginning on October 1, 1998, and ending on April 1, 1999.
(b) All cases commenced or pending under chapter 12 of title
11, United States Code, as reenacted under subsection (a), and
all matters and proceedings in or relating to such cases, shall
be conducted and determined under such chapter as if such chapter
were continued in effect after April 1, 1999. The substantive rights
of parties in connection with such cases, matters, and proceedings
shall continue to be governed under the laws applicable to such

22 USC 2778
note.

22 USC 2778
note.

Effective date.
Termination
date.
11 USC 1201 et
seq., 1201 note.

112 STAT. 2681–611

PUBLIC LAW 105–277—OCT. 21, 1998

cases, matters, and proceedings as if such chapter were continued
in effect after April 1, 1999.
(c) This section shall take effect on October 1, 1998.
SEC. 150. (a) EXTENSION OF AGREEMENT FOR STATE OF MISSISSIPPI.—The Secretary of the Interior shall offer to reinstate the
Memorandum of Agreement between the Mississippi Department
of Wildlife Conservation and the United States Fish and Wildlife
Service concerning the framework closing dates for the 1979–1980
through 1981–1982 duck hunting seasons, executed in November
1979, for the 1998–1999 duck hunting season in the State of Mississippi, except that—
(1) the duck hunting season shall end on January 31,
1999; and
(2) the total number of days for the duck hunting season
in the State of Mississippi shall not exceed 51 days.
(b) EXTENSION OF AGREEMENT TO OTHER STATES.—At the
request of any other State represented on the Lower-Region Regulations Committee of the Mississippi Flyway Council, the Secretary
of the Interior shall extend the agreement described in subsection
(a) to that State for the 1998–1999 duck hunting season if the
State agrees to reduce the total number of days of the duck hunting
season in the State to the extent necessary to result in no net
increase in the duck harvest in the State for that season.
Federal
Vacancies
Reform Act of
1998.
5 USC 3301 note.

SEC. 151. FEDERAL VACANCIES AND APPOINTMENTS.

(a) SHORT TITLE.—This section may be cited as the ‘‘Federal
Vacancies Reform Act of 1998’’.
(b) IN GENERAL.—Chapter 33 of title 5, United States Code,
is amended by striking sections 3345 through 3349 and inserting
the following:
‘‘§ 3345. Acting officer
‘‘(a) If an officer of an Executive agency (including the Executive
Office of the President, and other than the General Accounting
Office) whose appointment to office is required to be made by
the President, by and with the advice and consent of the Senate,
dies, resigns, or is otherwise unable to perform the functions and
duties of the office—
‘‘(1) the first assistant to the office of such officer shall
perform the functions and duties of the office temporarily in
an acting capacity subject to the time limitations of section
3346;
‘‘(2) notwithstanding paragraph (1), the President (and only
the President) may direct a person who serves in an office
for which appointment is required to be made by the President,
by and with the advice and consent of the Senate, to perform
the functions and duties of the vacant office temporarily in
an acting capacity subject to the time limitations of section
3346; or
‘‘(3) notwithstanding paragraph (1), the President (and only
the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant
office temporarily in an acting capacity, subject to the time
limitations of section 3346, if—
‘‘(A) during the 365-day period preceding the date of
death, resignation, or beginning of inability to serve of

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–612

the applicable officer, the officer or employee served in
a position in such agency for not less than 90 days; and
‘‘(B) the rate of pay for the position described under
subparagraph (A) is equal to or greater than the minimum
rate of pay payable for a position at GS–15 of the General
Schedule.
‘‘(b)(1) Notwithstanding subsection (a)(1), a person may not
serve as an acting officer for an office under this section, if—
‘‘(A) during the 365-day period preceding the date of the
death, resignation, or beginning of inability to serve, such
person—
‘‘(i) did not serve in the position of first assistant
to the office of such officer; or
‘‘(ii) served in the position of first assistant to the
office of such officer for less than 90 days; and
‘‘(B) the President submits a nomination of such person
to the Senate for appointment to such office.
‘‘(2) Paragraph (1) shall not apply to any person if—
‘‘(A) such person is serving as the first assistant to the
office of an officer described under subsection (a);
‘‘(B) the office of such first assistant is an office for which
appointment is required to be made by the President, by and
with the advice and consent of the Senate; and
‘‘(C) the Senate has approved the appointment of such
person to such office.
‘‘(c)(1) Notwithstanding subsection (a)(1), the President (and
only the President) may direct an officer who is nominated by
the President for reappointment for an additional term to the same
office in an Executive department without a break in service, to
continue to serve in that office subject to the time limitations
in section 3346, until such time as the Senate has acted to confirm
or reject the nomination, notwithstanding adjournment sine die.
‘‘(2) For purposes of this section and sections 3346, 3347, 3348,
3349, 3349a, and 3349d, the expiration of a term of office is an
inability to perform the functions and duties of such office.
‘‘§ 3346. Time limitation
‘‘(a) Except in the case of a vacancy caused by sickness, the
person serving as an acting officer as described under section 3345
may serve in the office—
‘‘(1) for no longer than 210 days beginning on the date
the vacancy occurs; or
‘‘(2) subject to subsection (b), once a first or second nomination for the office is submitted to the Senate, from the date
of such nomination for the period that the nomination is pending in the Senate.
‘‘(b)(1) If the first nomination for the office is rejected by the
Senate, withdrawn, or returned to the President by the Senate,
the person may continue to serve as the acting officer for no more
than 210 days after the date of such rejection, withdrawal, or
return.
‘‘(2) Notwithstanding paragraph (1), if a second nomination
for the office is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the person serving as
the acting officer may continue to serve—
‘‘(A) until the second nomination is confirmed; or

112 STAT. 2681–613

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(B) for no more than 210 days after the second nomination
is rejected, withdrawn, or returned.
‘‘(c) If a vacancy occurs during an adjournment of the Congress
sine die, the 210-day period under subsection (a) shall begin on
the date that the Senate first reconvenes.
‘‘§ 3347. Exclusivity
‘‘(a) Sections 3345 and 3346 are the exclusive means for temporarily authorizing an acting official to perform the functions and
duties of any office of an Executive agency (including the Executive
Office of the President, and other than the General Accounting
Office) for which appointment is required to be made by the President, by and with the advice and consent of the Senate, unless—
‘‘(1) a statutory provision expressly—
‘‘(A) authorizes the President, a court, or the head
of an Executive department, to designate an officer or
employee to perform the functions and duties of a specified
office temporarily in an acting capacity; or
‘‘(B) designates an officer or employee to perform the
functions and duties of a specified office temporarily in
an acting capacity; or
‘‘(2) the President makes an appointment to fill a vacancy
in such office during the recess of the Senate pursuant to
clause 3 of section 2 of article II of the United States Constitution.
‘‘(b) Any statutory provision providing general authority to the
head of an Executive agency (including the Executive Office of
the President, and other than the General Accounting Office) to
delegate duties statutorily vested in that agency head to, or to
reassign duties among, officers or employees of such Executive
agency, is not a statutory provision to which subsection (a)(2)
applies.
‘‘§ 3348. Vacant office
‘‘(a) In this section—
‘‘(1) the term ‘action’ includes any agency action as defined
under section 551(13); and
‘‘(2) the term ‘function or duty’ means any function or
duty of the applicable office that—
‘‘(A)(i) is established by statute; and
‘‘(ii) is required by statute to be performed by the
applicable officer (and only that officer); or
‘‘(B)(i)(I) is established by regulation; and
‘‘(II) is required by such regulation to be performed
by the applicable officer (and only that officer); and
‘‘(ii) includes a function or duty to which clause (i)
(I) and (II) applies, and the applicable regulation is in
effect at any time during the 180-day period preceding
the date on which the vacancy occurs.
‘‘(b) Unless an officer or employee is performing the functions
and duties in accordance with sections 3345, 3346, and 3347, if
an officer of an Executive agency (including the Executive Office
of the President, and other than the General Accounting Office)
whose appointment to office is required to be made by the President,
by and with the advice and consent of the Senate, dies, resigns,
or is otherwise unable to perform the functions and duties of the
office—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–614

‘‘(1) the office shall remain vacant; and
‘‘(2) in the case of an office other than the office of the
head of an Executive agency (including the Executive Office
of the President, and other than the General Accounting Office),
only the head of such Executive agency may perform any function or duty of such office.
‘‘(c) If the last day of any 210-day period under section 3346
is a day on which the Senate is not in session, the second day
the Senate is next in session and receiving nominations shall be
deemed to be the last day of such period.
‘‘(d)(1) An action taken by any person who is not acting under
section 3345, 3346, or 3347, or as provided by subsection (b), in
the performance of any function or duty of a vacant office to which
this section and sections 3346, 3347, 3349, 3349a, 3349b, and 3349c
apply shall have no force or effect.
‘‘(2) An action that has no force or effect under paragraph
(1) may not be ratified.
‘‘(e) This section shall not apply to—
‘‘(1) the General Counsel of the National Labor Relations
Board;
‘‘(2) the General Counsel of the Federal Labor Relations
Authority;
‘‘(3) any Inspector General appointed by the President,
by and with the advice and consent of the Senate;
‘‘(4) any Chief Financial Officer appointed by the President,
by and with the advice and consent of the Senate; or
‘‘(5) an office of an Executive agency (including the Executive Office of the President, and other than the General
Accounting Office) if a statutory provision expressly prohibits
the head of the Executive agency from performing the functions
and duties of such office.
‘‘§ 3349. Reporting of vacancies
‘‘(a) The head of each Executive agency (including the Executive
Office of the President, and other than the General Accounting
Office) shall submit to the Comptroller General of the United States
and to each House of Congress—
‘‘(1) notification of a vacancy in an office to which this
section and sections 3345, 3346, 3347, 3348, 3349a, 3349b,
3349c, and 3349d apply and the date such vacancy occurred
immediately upon the occurrence of the vacancy;
‘‘(2) the name of any person serving in an acting capacity
and the date such service began immediately upon the designation;
‘‘(3) the name of any person nominated to the Senate to
fill the vacancy and the date such nomination is submitted
immediately upon the submission of the nomination; and
‘‘(4) the date of a rejection, withdrawal, or return of any
nomination immediately upon such rejection, withdrawal, or
return.
‘‘(b) If the Comptroller General of the United States makes
a determination that an officer is serving longer than the 210day period including the applicable exceptions to such period under
section 3346 or section 3349a, the Comptroller General shall report
such determination immediately to—
‘‘(1) the Committee on Governmental Affairs of the Senate;

112 STAT. 2681–615

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(2) the Committee on Government Reform and Oversight
of the House of Representatives;
‘‘(3) the Committees on Appropriations of the Senate and
House of Representatives;
‘‘(4) the appropriate committees of jurisdiction of the Senate
and House of Representatives;
‘‘(5) the President; and
‘‘(6) the Office of Personnel Management.
‘‘§ 3349a. Presidential inaugural transitions
‘‘(a) In this section, the term ‘transitional inauguration day’
means the date on which any person swears or affirms the oath
of office as President, if such person is not the President on the
date preceding the date of swearing or affirming such oath of
office.
‘‘(b) With respect to any vacancy that exists during the 60day period beginning on a transitional inauguration day, the 210day period under section 3346 or 3348 shall be deemed to begin
on the later of the date occurring—
‘‘(1) 90 days after such transitional inauguration day; or
‘‘(2) 90 days after the date on which the vacancy occurs.
‘‘§ 3349b. Holdover provisions
‘‘Sections 3345 through 3349a shall not be construed to affect
any statute that authorizes a person to continue to serve in any
office—
‘‘(1) after the expiration of the term for which such person
is appointed; and
‘‘(2) until a successor is appointed or a specified period
of time has expired.
‘‘§ 3349c. Exclusion of certain officers
‘‘Sections 3345 through 3349b shall not apply to—
‘‘(1) any member who is appointed by the President, by
and with the advice and consent of the Senate to any board,
commission, or similar entity that—
‘‘(A) is composed of multiple members; and
‘‘(B) governs an independent establishment or Government corporation;
‘‘(2) any commissioner of the Federal Energy Regulatory
Commission;
‘‘(3) any member of the Surface Transportation Board; or
‘‘(4) any judge appointed by the President, by and with
the advice and consent of the Senate, to a court constituted
under article I of the United States Constitution.
‘‘§ 3349d. Notification of intent to nominate during certain
recesses or adjournments
‘‘(a) The submission to the Senate, during a recess or adjournment of the Senate in excess of 15 days, of a written notification
by the President of the President’s intention to submit a nomination
after the recess or adjournment shall be considered a nomination
for purposes of sections 3345 through 3349c if such notification
contains the name of the proposed nominee and the office for
which the person is nominated.
‘‘(b) If the President does not submit a nomination of the
person named under subsection (a) within 2 days after the end

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–616

of such recess or adjournment, effective after such second day
the notification considered a nomination under subsection (a) shall
be treated as a withdrawn nomination for purposes of sections
3345 through 3349c.’’.
(c) TECHNICAL AND CONFORMING AMENDMENT.—
(1) TABLE OF SECTIONS.—The table of sections for chapter
33 of title 5, United States Code, is amended by striking the
matter relating to subchapter III and inserting the following:
‘‘SUBCHAPTER

III—DETAILS, VACANCIES, AND APPOINTMENTS

‘‘3341. Details; within Executive or military departments.
‘‘[3342. Repealed.]
‘‘3343. Details; to international organizations.
‘‘3344. Details; administrative law judges.
‘‘3345. Acting officer.
‘‘3346. Time limitation.
‘‘3347. Exclusivity.
‘‘3348. Vacant office.
‘‘3349. Reporting of vacancies.
‘‘3349a. Presidential inaugural transitions.
‘‘3349b. Holdover provisions relating to certain independent establishments.
‘‘3349c. Exclusion of certain officers.
‘‘3349d. Notification of intent to nominate during certain recesses or adjournments.’’.

(2) SUBCHAPTER HEADING.—The subchapter heading for
subchapter III of chapter 33 of title 5, United States Code,
is amended to read as follows:
‘‘SUBCHAPTER III—DETAILS, VACANCIES, AND
APPOINTMENTS’’
(d) EFFECTIVE DATE AND APPLICATION.—
(1) EFFECTIVE DATE.—Subject to paragraph (2), this section
and the amendments made by this section shall take effect
30 days after the date of enactment of this section.
(2) APPLICATION.—
(A) IN GENERAL.—This section shall apply to any office
that becomes vacant after the effective date of this section.
(B) IMMEDIATE APPLICATION OF TIME LIMITATION.—Notwithstanding subparagraph (A), for any office vacant on
the effective date of this section, the time limitations under
section 3346 of title 5, United States Code (as amended
by this section) shall apply to such office. Such time limitations shall apply as though such office first became vacant
on the effective date of this section.
(C) CERTAIN NOMINATIONS.—If the President submits
to the Senate the nomination of any person after the effective date of this section for an office for which such person
had been nominated before such date, the next nomination
of such person after such date shall be considered a first
nomination of such person to that office for purposes of
sections 3345 through 3349 and section 3349d of title 5,
United States Code (as amended by this section).

TITLE II—FISHERIES

5 USC 3345 note.

American
Fisheries Act.

Subtitle I—Fishery Endorsements
SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘American Fisheries Act’’.

46 USC 2101
note.

112 STAT. 2681–617

PUBLIC LAW 105–277—OCT. 21, 1998

SEC. 202. STANDARD FOR FISHERY ENDORSEMENTS.

Applicability.

(a) STANDARD.—Section 12102(c) of title 46, United States Code,
is amended to read as follows—
‘‘(c)(1) A vessel owned by a corporation, partnership, association,
trust, joint venture, limited liability company, limited liability partnership, or any other entity is not eligible for a fishery endorsement
under section 12108 of this title unless at least 75 per centum
of the interest in such entity, at each tier of ownership of such
entity and in the aggregate, is owned and controlled by citizens
of the United States.
‘‘(2) The Secretary shall apply section 2(c) of the Shipping
Act, 1916 (46 App. U.S.C. 802(c)) in determining under this subsection whether at least 75 per centum of the interest in a corporation, partnership, association, trust, joint venture, limited liability
company, limited liability partnership, or any other entity is owned
and controlled by citizens of the United States. For the purposes
of this subsection and of applying the restrictions on controlling
interest in section 2(c) of such Act, the terms ‘control’ or
‘controlled’—
‘‘(A) shall include—
‘‘(i) the right to direct the business of the entity which
owns the vessel;
‘‘(ii) the right to limit the actions of or replace the
chief executive officer, a majority of the board of directors,
any general partner, or any person serving in a management capacity of the entity which owns the vessel; or
‘‘(iii) the right to direct the transfer, operation or manning of a vessel with a fishery endorsement; and
‘‘(B) shall not include the right to simply participate in
the activities under subparagraph (A), or the use by a mortgagee under paragraph (4) of loan covenants approved by the
Secretary.
‘‘(3) A fishery endorsement for a vessel that is chartered or
leased to an individual who is not a citizen of the United States
or to an entity that is not eligible to own a vessel with a fishery
endorsement and used as a fishing vessel shall be invalid immediately upon such use.
‘‘(4)(A) An individual or entity that is otherwise eligible to
own a vessel with a fishery endorsement shall be ineligible by
reason of an instrument or evidence of indebtedness, secured by
a mortgage of the vessel to a trustee eligible to own a vessel
with a fishery endorsement that is issued, assigned, transferred
or held in trust for a person not eligible to own a vessel with
a fishery endorsement, unless the Secretary determines that the
issuance, assignment, transfer, or trust arrangement does not result
in an impermissible transfer of control of the vessel and that the
trustee—
‘‘(i) is organized as a corporation, and is doing business,
under the laws of the United States or of a State;
‘‘(ii) is authorized under those laws to exercise corporate
trust powers;
‘‘(iii) is subject to supervision or examination by an official
of the United States Government or a State;
‘‘(iv) has a combined capital and surplus (as stated in
its most recent published report of condition) of at least
$3,000,000; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–618

‘‘(v) meets any other requirements prescribed by the Secretary.
‘‘(B) A vessel with a fishery endorsement may be operated
by a trustee only with the approval of the Secretary.
‘‘(C) A right under a mortgage of a vessel with a fishery endorsement may be issued, assigned, or transferred to a person not eligible
to be a mortgagee of that vessel under section 31322(a)(4) of this
title only with the approval of the Secretary.
‘‘(D) The issuance, assignment, or transfer of an instrument
or evidence of indebtedness contrary to this paragraph is voidable
by the Secretary.
‘‘(5) The requirements of this subsection shall not apply to
a vessel when it is engaged in fisheries in the exclusive economic
zone under the authority of the Western Pacific Fishery Management Council established under section 302(a)(1)(H) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1852(a)(1)(H)) or to a purse seine vessel when it is engaged in
tuna fishing in the Pacific Ocean outside the exclusive economic
zone of the United States or pursuant to the South Pacific Regional
Fisheries Treaty, provided that the owner of the vessel continues
to comply with the eligibility requirements for a fishery endorsement under the federal law that was in effect on October 1, 1998.
A fishery endorsement issued by the Secretary pursuant to this
paragraph shall be valid for engaging only in fisheries in the
exclusive economic zone under the authority of such Council, in
such tuna fishing in the Pacific Ocean, or pursuant to such Treaty.
‘‘(6) A vessel greater than 165 feet in registered length, of
more than 750 gross registered tons, or that has an engine or
engines capable of producing a total of more than 3,000 shaft
horsepower is not eligible for a fishery endorsement under section
12108 of this title unless—
‘‘(A)(i) a certificate of documentation was issued for the
vessel and endorsed with a fishery endorsement that was effective on September 25, 1997;
‘‘(ii) the vessel is not placed under foreign registry after
the date of the enactment of the American Fisheries Act; and
‘‘(iii) in the event of the invalidation of the fishery endorsement after the date of the enactment of the American Fisheries
Act, application is made for a new fishery endorsement within
fifteen (15) business days of such invalidation; or
‘‘(B) the owner of such vessel demonstrates to the Secretary
that the regional fishery management council of jurisdiction
established under section 302(a)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1852(a)(1)) has recommended after the date of the enactment
of the American Fisheries Act, and the Secretary of Commerce
has approved, conservation and management measures in
accordance with such Act to allow such vessel to be used in
fisheries under such council’s authority.’’.
(b) PREFERRED MORTGAGE.—Section 31322(a) of title 46, United
States Code is amended—
(1) by striking ‘‘and’’ at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3)(B)
and inserting in lieu thereof a semicolon and ‘‘and’’; and
(3) by inserting at the end the following new paragraph:

112 STAT. 2681–619

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(4) with respect to a vessel with a fishery endorsement
that is 100 feet or greater in registered length, has as the
mortgagee—
‘‘(A) a person eligible to own a vessel with a fishery
endorsement under section 12102(c) of this title;
‘‘(B) a state or federally chartered financial institution
that satisfies the controlling interest criteria of section
2(b) of the Shipping Act, 1916 (46 U.S.C. 802(b)); or
‘‘(C) a person that complies with the provisions of
section 12102(c)(4) of this title.’’.
SEC. 203. ENFORCEMENT OF STANDARD.

Federal Register,
publication.
46 USC 12102
note.

46 USC 12102
note.

(a) EFFECTIVE DATE.—The amendments made by section 202
shall take effect on October 1, 2001.
(b) REGULATIONS.—Final regulations to implement this subtitle
shall be published in the Federal Register by April 1, 2000. Letter
rulings and other interim interpretations about the effect of this
subtitle and amendments made by this subtitle on specific vessels
may not be issued prior to the publication of such final regulations.
The regulations to implement this subtitle shall prohibit impermissible transfers of ownership or control, specify any transactions
which require prior approval of an implementing agency, identify
transactions which do not require prior agency approval, and to
the extent practicable, minimize disruptions to the commercial fishing industry, to the traditional financing arrangements of such
industry, and to the opportunity to form fishery cooperatives.
(c) VESSELS MEASURING 100 FEET AND GREATER.—(1) The
Administrator of the Maritime Administration shall administer section 12102(c) of title 46, United States Code, as amended by this
subtitle, with respect to vessels 100 feet or greater in registered
length. The owner of each such vessel shall file a statement of
citizenship setting forth all relevant facts regarding vessel ownership and control with the Administrator of the Maritime Administration on an annual basis to demonstrate compliance with such
section. Regulations to implement this subsection shall conform
to the extent practicable with the regulations establishing the form
of citizenship affidavit set forth in part 355 of title 46, Code of
Federal Regulations, as in effect on September 25, 1997, except
that the form of the statement under this paragraph shall be
written in a manner to allow the owner of each such vessel to
satisfy any annual renewal requirements for a certificate of documentation for such vessel and to comply with this subsection and
section 12102(c) of title 46, United States Code, as amended by
this Act, and shall not be required to be notarized.
(2) After October 1, 2001, transfers of ownership and control
of vessels subject to section 12102(c) of title 46, United States
Code, as amended by this Act, which are 100 feet or greater in
registered length, shall be rigorously scrutinized for violations of
such section, with particular attention given to leases, charters,
mortgages, financing, and similar arrangements, to the control of
persons not eligible to own a vessel with a fishery endorsement
under section 12102(c) of title 46, United States Code, as amended
by this Act, over the management, sales, financing, or other operations of an entity, and to contracts involving the purchase over
extended periods of time of all, or substantially all, of the living
marine resources harvested by a fishing vessel.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–620

(d) VESSELS MEASURING LESS THAN 100 FEET.—The Secretary
of Transportation shall establish such requirements as are reasonable and necessary to demonstrate compliance with section 12102(c)
of title 46, United States Code, as amended by this Act, with
respect to vessels measuring less than 100 feet in registered length,
and shall seek to minimize the administrative burden on individuals
who own and operate such vessels.
(e) ENDORSEMENTS REVOKED.—The Secretary of Transportation
shall revoke the fishery endorsement of any vessel subject to section
12102(c) of title 46, United States Code, as amended by this Act,
whose owner does not comply with such section.
(f) PENALTY.—Section 12122 of title 46, United States Code,
is amended by inserting at the end the following new subsection:
‘‘(c) In addition to penalties under subsections (a) and (b),
the owner of a documented vessel for which a fishery endorsement
has been issued is liable to the United States Government for
a civil penalty of up to $100,000 for each day in which such
vessel has engaged in fishing (as such term is defined in section
3 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1802)) within the exclusive economic zone of the
United States, if the owner or the representative or agent of the
owner knowingly falsified or concealed a material fact, or knowingly
made a false statement or representation with respect to the eligibility of the vessel under section 12102(c) of this title in applying
for or applying to renew such fishery endorsement.’’.
(g) CERTAIN VESSELS.—The vessels EXCELLENCE (United
States official number 967502), GOLDEN ALASKA (United States
official number 651041), OCEAN PHOENIX (United States official
number 296779), NORTHERN TRAVELER (United States official
number 635986), and NORTHERN VOYAGER (United States official number 637398) (or a replacement vessel for the NORTHERN
VOYAGER that complies with paragraphs (2), (5), and (6) of section
208(g) of this Act) shall be exempt from section 12102(c), as amended by this Act, until such time after October 1, 2001 as more
than 50 percent of the interest owned and controlled in the vessel
changes, provided that the vessel maintains eligibility for a fishery
endorsement under the federal law that was in effect the day
before the date of the enactment of this Act, and unless, in the
case of the NORTHERN TRAVELER or the NORTHERN VOYAGER (or such replacement), the vessel is used in any fishery
under the authority of a regional fishery management council other
than the New England Fishery Management Council or Mid-Atlantic Fishery Management Council established, respectively, under
subparagraphs (A) and (B) of section 302(a)(1) of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C.
1852(a)(1) (A) and (B)), or in the case of the EXCELLENCE, GOLDEN ALASKA, or OCEAN PHOENIX, the vessel is used to harvest
any fish.

46 USC 12102
note.

46 USC 12102
note.

SEC. 204. REPEAL OF OWNERSHIP SAVINGS CLAUSE.

(a) REPEAL.—Section 7(b) of the Commercial Fishing Industry
Vessel Anti-Reflagging Act of 1987 (Public Law 100–239; 46 U.S.C.
12102 note) is hereby repealed.
(b) EFFECTIVE DATE.—Subsection (a) shall take effect on October 1, 2001.

46 USC 12102
note.

112 STAT. 2681–621

PUBLIC LAW 105–277—OCT. 21, 1998

16 USC 1851
note.

Subtitle II—Bering Sea Pollock Fishery
SEC. 205. DEFINITIONS.

As used in this subtitle—
(1) the term ‘‘Bering Sea and Aleutian Islands Management
Area’’ has the same meaning as the meaning given for such
term in part 679.2 of title 50, Code of Federal Regulations,
as in effect on October 1, 1998;
(2) the term ‘‘catcher/processor’’ means a vessel that is
used for harvesting fish and processing that fish;
(3) the term ‘‘catcher vessel’’ means a vessel that is used
for harvesting fish and that does not process pollock onboard;
(4) the term ‘‘directed pollock fishery’’ means the fishery
for the directed fishing allowances allocated under paragraphs
(1), (2), and (3) of section 206(b);
(5) the term ‘‘harvest’’ means to commercially engage in
the catching, taking, or harvesting of fish or any activity that
can reasonably be expected to result in the catching, taking,
or harvesting of fish;
(6) the term ‘‘inshore component’’ means the following categories that process groundfish harvested in the Bering Sea
and Aleutian Islands Management Area:
(A) shoreside processors, including those eligible under
section 208(f); and
(B) vessels less than 125 feet in length overall that
process less than 126 metric tons per week in round-weight
equivalents of an aggregate amount of pollock and Pacific
cod;
(7) the term ‘‘Magnuson-Stevens Act’’ means the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.);
(8) the term ‘‘mothership’’ means a vessel that receives
and processes fish from other vessels in the exclusive economic
zone of the United States and is not used for, or equipped
to be used for, harvesting fish;
(9) the term ‘‘North Pacific Council’’ means the North
Pacific Fishery Management Council established under section
302(a)(1)(G) of the Magnuson-Stevens Act (16 U.S.C.
1852(a)(1)(G));
(10) the term ‘‘offshore component’’ means all vessels not
included in the definition of ‘‘inshore component’’ that process
groundfish harvested in the Bering Sea and Aleutian Islands
Management Area;
(11) the term ‘‘Secretary’’ means the Secretary of Commerce; and
(12) the term ‘‘shoreside processor’’ means any person or
vessel that receives unprocessed fish, except catcher/processors,
motherships, buying stations, restaurants, or persons receiving
fish for personal consumption or bait.
SEC. 206. ALLOCATIONS.
Effective date.

(a) POLLOCK COMMUNITY DEVELOPMENT QUOTA.—Effective
January 1, 1999, 10 percent of the total allowable catch of pollock
in the Bering Sea and Aleutian Islands Management Area shall
be allocated as a directed fishing allowance to the western Alaska
community development quota program established under section
305(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i)).

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–622

(b) INSHORE/OFFSHORE.—Effective January 1, 1999, the remainder of the pollock total allowable catch in the Bering Sea and
Aleutian Islands Management Area, after the subtraction of the
allocation under subsection (a) and the subtraction of allowances
for the incidental catch of pollock by vessels harvesting other
groundfish species (including under the western Alaska community
development quota program) shall be allocated as directed fishing
allowances as follows—
(1) 50 percent to catcher vessels harvesting pollock for
processing by the inshore component;
(2) 40 percent to catcher/processors and catcher vessels
harvesting pollock for processing by catcher/processors in the
offshore component; and
(3) 10 percent to catcher vessels harvesting pollock for
processing by motherships in the offshore component.
SEC. 207. BUYOUT.

(a) FEDERAL LOAN.—Under the authority of sections 1111 and
1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1279f and 1279g) and notwithstanding the requirements of
section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a), the
Secretary shall, subject to the availability of appropriations for
the cost of the direct loan, provide up to $75,000,000 through
a direct loan obligation for the payments required under subsection
(d).
(b) INSHORE FEE SYSTEM.—Notwithstanding the requirements
of section 304(d) or 312 of the Magnuson-Stevens Act (16 U.S.C.
1854(d) and 1861a), the Secretary shall establish a fee for the
repayment of such loan obligation which—
(1) shall be six-tenths (0.6) of one cent for each pound
round-weight of all pollock harvested from the directed fishing
allowance under section 206(b)(1); and
(2) shall begin with such pollock harvested on or after
January 1, 2000, and continue without interruption until such
loan obligation is fully repaid; and
(3) shall be collected in accordance with section 312(d)(2)(C)
of the Magnuson-Stevens Act (16 U.S.C. 1861a(d)(2)(C)) and
in accordance with such other conditions as the Secretary establishes.
(c) FEDERAL APPROPRIATION.—Under the authority of section
312(c)(1)(B) of the Magnuson-Stevens Act (16 U.S.C. 1861a(c)(1)(B)),
there are authorized to be appropriated $20,000,000 for the payments required under subsection (d).
(d) PAYMENTS.—Subject to the availability of appropriations
for the cost of the direct loan under subsection (a) and funds
under subsection (c), the Secretary shall pay by not later than
December 31, 1998—
(1) up to $90,000,000 to the owner or owners of the catcher/
processors listed in paragraphs (1) through (9) of section 209,
in such manner as the owner or owners, with the concurrence
of the Secretary, agree, except that—
(A) the portion of such payment with respect to the
catcher/processor listed in paragraph (1) of section 209
shall be made only after the owner submits a written
certification acceptable to the Secretary that neither the
owner nor a purchaser from the owner intends to use
such catcher/processor outside of the exclusive economic

Effective date.

112 STAT. 2681–623

Publication.

PUBLIC LAW 105–277—OCT. 21, 1998

zone of the United States to harvest any stock of fish
(as such term is defined in section 3 of the MagnusonStevens Fishery Conservation and Management Act (16
U.S.C. 1802)) that occurs within the exclusive economic
zone of the United States; and
(B) the portion of such payment with respect to the
catcher/processors listed in paragraphs (2) through (9) of
section 209 shall be made only after the owner or owners
of such catcher/processors submit a written certification
acceptable to the Secretary that such catcher/processors
will be scrapped by December 31, 2000 and will not, before
that date, be used to harvest or process any fish; and
(2)(A) if a contract has been filed under section 210(a)
by the catcher/processors listed in section 208(e), $5,000,000
to the owner or owners of the catcher/processors listed in paragraphs (10) through (14) of such section in such manner as
the owner or owners, with the concurrence of the Secretary,
agree; or
(B) if such a contract has not been filed by such date,
$5,000,000 to the owners of the catcher vessels eligible under
section 208(b) and the catcher/processors eligible under paragraphs (1) through (20) of section 208(e), divided based on
the amount of the harvest of pollock in the directed pollock
fishery by each such vessel in 1997 in such manner as the
Secretary deems appropriate,
except that any such payments shall be reduced by any obligation
to the federal government that has not been satisfied by such
owner or owners of any such vessels.
(e) PENALTY.—If the catcher/processor under paragraph (1) of
section 209 is used outside of the exclusive economic zone of the
United States to harvest any stock of fish that occurs within the
exclusive economic zone of the United States while the owner who
received the payment under subsection (d)(1)(A) has an ownership
interest in such vessel, or if the catcher/processors listed in paragraphs (2) through (9) of section 209 are determined by the Secretary not to have been scrapped by December 31, 2000 or to
have been used in a manner inconsistent with subsection (d)(1)(B),
the Secretary may suspend any or all of the federal permits which
allow any vessels owned in whole or in part by the owner or
owners who received payments under subsection (d)(1) to harvest
or process fish within the exclusive economic zone of the United
States until such time as the obligations of such owner or owners
under subsection (d)(1) have been fulfilled to the satisfaction of
the Secretary.
(f) PROGRAM DEFINED; MATURITY.—For the purposes of section
1111 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f),
the fishing capacity reduction program in this subtitle shall be
within the meaning of the term ‘‘program’’ as defined and used
in such section. Notwithstanding section 1111(b)(4) of such Act
(46 U.S.C. App. 1279f(b)(4)), the debt obligation under subsection
(a) of this section may have a maturity not to exceed 30 years.
(g) FISHERY CAPACITY REDUCTION REGULATIONS.—The Secretary of Commerce shall by not later than October 15, 1998 publish
proposed regulations to implement subsections (b), (c), (d), and
(e) of section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a)
and sections 1111 and 1112 of title XI of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1279f and 1279g).

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–624

SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.

(a) CATCHER VESSELS ONSHORE.—Effective January 1, 2000,
only catcher vessels which are—
(1) determined by the Secretary—
(A) to have delivered at least 250 metric tons of pollock;
or
(B) to be less than 60 feet in length overall and to
have delivered at least 40 metric tons of pollock,
for processing by the inshore component in the directed pollock
fishery in any one of the years 1996 or 1997, or between January
1, 1998 and September 1, 1998;
(2) eligible to harvest pollock in the directed pollock fishery
under the license limitation program recommended by the
North Pacific Council and approved by the Secretary; and
(3) not listed in subsection (b),
shall be eligible to harvest the directed fishing allowance under
section 206(b)(1) pursuant to a federal fishing permit.
(b) CATCHER VESSELS TO CATCHER/PROCESSORS.—Effective
January 1, 1999, only the following catcher vessels shall be eligible
to harvest the directed fishing allowance under section 206(b)(2)
pursuant to a federal fishing permit:
(1) AMERICAN CHALLENGER (United States official
number 615085);
(2) FORUM STAR (United States official number 925863);
(3) MUIR MILACH (United States official number 611524);
(4) NEAHKAHNIE (United States official number 599534);
(5) OCEAN HARVESTER (United States official number
549892);
(6) SEA STORM (United States official number 628959);
(7) TRACY ANNE (United States official number 904859);
and
(8) any catcher vessel—
(A) determined by the Secretary to have delivered at
least 250 metric tons and at least 75 percent of the pollock
it harvested in the directed pollock fishery in 1997 to
catcher/processors for processing by the offshore component; and
(B) eligible to harvest pollock in the directed pollock
fishery under the license limitation program recommended
by the North Pacific Council and approved by the Secretary.
(c) CATCHER VESSELS TO MOTHERSHIPS.—Effective January 1,
2000, only the following catcher vessels shall be eligible to harvest
the directed fishing allowance under section 206(b)(3) pursuant
to a federal fishing permit:
(1) ALEUTIAN CHALLENGER (United States official number 603820);
(2) ALYESKA (United States official number 560237);
(3) AMBER DAWN (United States official number 529425);
(4) AMERICAN BEAUTY (United States official number
613847);
(5) CALIFORNIA HORIZON (United States official number
590758);
(6) MAR-GUN (United States official number 525608);
(7) MARGARET LYN (United States official number
615563);
(8) MARK I (United States official number 509552);
(9) MISTY DAWN (United States official number 926647);

Effective date.

112 STAT. 2681–625

Effective date.

PUBLIC LAW 105–277—OCT. 21, 1998

(10) NORDIC FURY (United States official number
542651);
(11) OCEAN LEADER (United States official number
561518);
(12) OCEANIC (United States official number 602279);
(13) PACIFIC ALLIANCE (United States official number
612084);
(14) PACIFIC CHALLENGER (United States official number 518937);
(15) PACIFIC FURY (United States official number
561934);
(16) PAPADO II (United States official number 536161);
(17) TRAVELER (United States official number 929356);
(18) VESTERAALEN (United States official number
611642);
(19) WESTERN DAWN (United States official number
524423); and
(20) any vessel—
(A) determined by the Secretary to have delivered at
least 250 metric tons of pollock for processing by
motherships in the offshore component of the directed pollock fishery in any one of the years 1996 or 1997, or
between January 1, 1998 and September 1, 1998;
(B) eligible to harvest pollock in the directed pollock
fishery under the license limitation program recommended
by the North Pacific Council and approved by the Secretary;
and
(C) not listed in subsection (b).
(d) MOTHERSHIPS.—Effective January 1, 2000, only the following motherships shall be eligible to process the directed fishing
allowance under section 206(b)(3) pursuant to a federal fishing
permit:
(1) EXCELLENCE (United States official number 967502);
(2) GOLDEN ALASKA (United States official number
651041); and
(3) OCEAN PHOENIX (United States official number
296779).
(e) CATCHER/PROCESSORS.—Effective January 1, 1999, only the
following catcher/processors shall be eligible to harvest the directed
fishing allowance under section 206(b)(2) pursuant to a federal
fishing permit:
(1) AMERICAN DYNASTY (United States official number
951307);
(2) KATIE ANN (United States official number 518441);
(3) AMERICAN TRIUMPH (United States official number
646737);
(4) NORTHERN EAGLE (United States official number
506694);
(5) NORTHERN HAWK (United States official number
643771);
(6) NORTHERN JAEGER (United States official number
521069);
(7) OCEAN ROVER (United States official number 552100);
(8) ALASKA OCEAN (United States official number
637856);
(9) ENDURANCE (United States official number 592206);

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–626

(10) AMERICAN ENTERPRISE (United States official
number 594803);
(11) ISLAND ENTERPRISE (United States official number
610290);
(12) KODIAK ENTERPRISE (United States official number
579450);
(13) SEATTLE ENTERPRISE (United States official number 904767);
(14) US ENTERPRISE (United States official number
921112);
(15) ARCTIC STORM (United States official number
903511);
(16) ARCTIC FJORD (United States official number
940866);
(17) NORTHERN GLACIER (United States official number
663457);
(18) PACIFIC GLACIER (United States official number
933627);
(19) HIGHLAND LIGHT (United States official number
577044);
(20) STARBOUND (United States official number 944658);
and
(21) any catcher/processor not listed in this subsection and
determined by the Secretary to have harvested more than 2,000
metric tons of the pollock in the 1997 directed pollock fishery
and determined to be eligible to harvest pollock in the directed
pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the
Secretary, except that catcher/processors eligible under this
paragraph shall be prohibited from harvesting in the aggregate
a total of more than one-half (0.5) of a percent of the pollock
apportioned for the directed pollock fishery under section
206(b)(2).
Notwithstanding section 213(a), failure to satisfy the requirements
of section 4(a) of the Commercial Fishing Industry Vessel AntiReflagging Act of 1987 (Public Law 100–239; 46 U.S.C. 12108
note) shall not make a catcher/processor listed under this subsection
ineligible for a fishery endorsement.
(f) SHORESIDE PROCESSORS.—(1) Effective January 1, 2000 and
except as provided in paragraph (2), the catcher vessels eligible
under subsection (a) may deliver pollock harvested from the directed
fishing allowance under section 206(b)(1) only to—
(A) shoreside processors (including vessels in a single
geographic location in Alaska State waters) determined by the
Secretary to have processed more than 2,000 metric tons roundweight of pollock in the inshore component of the directed
pollock fishery during each of 1996 and 1997; and
(B) shoreside processors determined by the Secretary to
have processed pollock in the inshore component of the directed
pollock fishery in 1996 or 1997, but to have processed less
than 2,000 metric tons round-weight of such pollock in each
year, except that effective January 1, 2000, each such shoreside
processor may not process more than 2,000 metric tons roundweight from such directed fishing allowance in any year.
(2) Upon recommendation by the North Pacific Council, the
Secretary may approve measures to allow catcher vessels eligible
under subsection (a) to deliver pollock harvested from the directed

Effective date.

112 STAT. 2681–627

PUBLIC LAW 105–277—OCT. 21, 1998

fishing allowance under section 206(b)(1) to shoreside processors
not eligible under paragraph (1) if the total allowable catch for
pollock in the Bering Sea and Aleutian Islands Management Area
increases by more than 10 percent above the total allowable catch
in such fishery in 1997, or in the event of the actual total loss
or constructive total loss of a shoreside processor eligible under
paragraph (1)(A).
(g) REPLACEMENT VESSELS.—In the event of the actual total
loss or constructive total loss of a vessel eligible under subsections
(a), (b), (c), (d), or (e), the owner of such vessel may replace such
vessel with a vessel which shall be eligible in the same manner
under that subsection as the eligible vessel, provided that—
(1) such loss was caused by an act of God, an act of
war, a collision, an act or omission of a party other than
the owner or agent of the vessel, or any other event not caused
by the willful misconduct of the owner or agent;
(2) the replacement vessel was built in the United States
and if ever rebuilt, was rebuilt in the United States;
(3) the fishery endorsement for the replacement vessel
is issued within 36 months of the end of the last year in
which the eligible vessel harvested or processed pollock in
the directed pollock fishery;
(4) if the eligible vessel is greater than 165 feet in registered length, of more than 750 gross registered tons, or has
engines capable of producing more than 3,000 shaft horsepower,
the replacement vessel is of the same or lesser registered length,
gross registered tons, and shaft horsepower;
(5) if the eligible vessel is less than 165 feet in registered
length, of fewer than 750 gross registered tons, and has engines
incapable of producing less than 3,000 shaft horsepower, the
replacement vessel is less than each of such thresholds and
does not exceed by more than 10 percent the registered length,
gross registered tons or shaft horsepower of the eligible vessel;
and
(6) the replacement vessel otherwise qualifies under federal
law for a fishery endorsement, including under section 12102(c)
of title 46, United States Code, as amended by this Act.
(h) ELIGIBILITY DURING IMPLEMENTATION.—In the event the
Secretary is unable to make a final determination about the eligibility of a vessel under subsection (b)(8) or subsection (e)(21) before
January 1, 1999, or a vessel or shoreside processor under subsection
(a), subsection (c)(21), or subsection (f) before January 1, 2000,
such vessel or shoreside processor, upon the filing of an application
for eligibility, shall be eligible to participate in the directed pollock
fishery pending final determination by the Secretary with respect
to such vessel or shoreside processor.
(i) ELIGIBILITY NOT A RIGHT.—Eligibility under this section
shall not be construed—
(1) to confer any right of compensation, monetary or otherwise, to the owner of any catcher vessel, catcher/processor,
mothership, or shoreside processor if such eligibility is revoked
or limited in any way, including through the revocation or
limitation of a fishery endorsement or any federal permit or
license;
(2) to create any right, title, or interest in or to any fish
in any fishery; or

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–628

(3) to waive any provision of law otherwise applicable to
such catcher vessel, catcher/processor, mothership, or shoreside
processor.
SEC. 209. LIST OF INELIGIBLE VESSELS.

Effective December 31, 1998, the following vessels shall be
permanently ineligible for fishery endorsements, and any claims
(including relating to catch history) associated with such vessels
that could qualify any owners of such vessels for any present
or future limited access system permit in any fishery within the
exclusive economic zone of the United States (including a vessel
moratorium permit or license limitation program permit in fisheries
under the authority of the North Pacific Council) are hereby extinguished:
(1) AMERICAN EMPRESS (United States official number
942347);
(2) PACIFIC SCOUT (United States official number
934772);
(3) PACIFIC EXPLORER (United States official number
942592);
(4) PACIFIC NAVIGATOR (United States official number
592204);
(5) VICTORIA ANN (United States official number 592207);
(6) ELIZABETH ANN (United States official number
534721);
(7) CHRISTINA ANN (United States official number
653045);
(8) REBECCA ANN (United States official number 592205);
and
(9) BROWNS POINT (United States official number
587440).
SEC. 210. FISHERY COOPERATIVE LIMITATIONS.

(a) PUBLIC NOTICE.—(1) Any contract implementing a fishery
cooperative under section 1 of the Act of June 25, 1934 (15 U.S.C.
521) in the directed pollock fishery and any material modifications
to any such contract shall be filed not less than 30 days prior
to the start of fishing under the contract with the North Pacific
Council and with the Secretary, together with a copy of a letter
from a party to the contract requesting a business review letter
on the fishery cooperative from the Department of Justice and
any response to such request. Notwithstanding section 402 of the
Magnuson-Stevens Act (16 U.S.C. 1881a) or any other provision
of law, but taking into account the interest of parties to any such
contract in protecting the confidentiality of proprietary information,
the North Pacific Council and Secretary shall—
(A) make available to the public such information about
the contract, contract modifications, or fishery cooperative the
North Pacific Council and Secretary deem appropriate, which
at a minimum shall include a list of the parties to the contract,
a list of the vessels involved, and the amount of pollock and
other fish to be harvested by each party to such contract;
and
(B) make available to the public in such manner as the
North Pacific Council and Secretary deem appropriate information about the harvest by vessels under a fishery cooperative
of all species (including bycatch) in the directed pollock fishery
on a vessel-by-vessel basis.

Effective date.

112 STAT. 2681–629
Effective date.

PUBLIC LAW 105–277—OCT. 21, 1998

(b) CATCHER VESSELS ONSHORE.—
(1) CATCHER VESSEL COOPERATIVES.—Effective January 1,
2000, upon the filing of a contract implementing a fishery
cooperative under subsection (a) which—
(A) is signed by the owners of 80 percent or more
of the qualified catcher vessels that delivered pollock for
processing by a shoreside processor in the directed pollock
fishery in the year prior to the year in which the fishery
cooperative will be in effect; and
(B) specifies, except as provided in paragraph (6), that
such catcher vessels will deliver pollock in the directed
pollock fishery only to such shoreside processor during
the year in which the fishery cooperative will be in effect
and that such shoreside processor has agreed to process
such pollock,
the Secretary shall allow only such catcher vessels (and catcher
vessels whose owners voluntarily participate pursuant to paragraph
(2)) to harvest the aggregate percentage of the directed fishing
allowance under section 206(b)(1) in the year in which the fishery
cooperative will be in effect that is equivalent to the aggregate
total amount of pollock harvested by such catcher vessels (and
by such catcher vessels whose owners voluntarily participate pursuant to paragraph (2)) in the directed pollock fishery for processing
by the inshore component during 1995, 1996, and 1997 relative
to the aggregate total amount of pollock harvested in the directed
pollock fishery for processing by the inshore component during
such years and shall prevent such catcher vessels (and catcher
vessels whose owners voluntarily participate pursuant to paragraph
(2)) from harvesting in aggregate in excess of such percentage
of such directed fishing allowance.
(2) VOLUNTARY PARTICIPATION.—Any contract implementing a fishery cooperative under paragraph (1) must allow the
owners of other qualified catcher vessels to enter into such
contract after it is filed and before the calender year in which
fishing will begin under the same terms and conditions as
the owners of the qualified catcher vessels who entered into
such contract upon filing.
(3) QUALIFIED CATCHER VESSEL.—For the purposes of this
subsection, a catcher vessel shall be considered a ‘‘qualified
catcher vessel’’ if, during the year prior to the year in which
the fishery cooperative will be in effect, it delivered more pollock
to the shoreside processor to which it will deliver pollock under
the fishery cooperative in paragraph (1) than to any other
shoreside processor.
(4) CONSIDERATION OF CERTAIN VESSELS.—Any contract
implementing a fishery cooperative under paragraph (1) which
has been entered into by the owner of a qualified catcher
vessel eligible under section 208(a) that harvested pollock for
processing by catcher/processors or motherships in the directed
pollock fishery during 1995, 1996, and 1997 shall, to the extent
practicable, provide fair and equitable terms and conditions
for the owner of such qualified catcher vessel.
(5) OPEN ACCESS.—A catcher vessel eligible under section
208(a) the catch history of which has not been attributed to
a fishery cooperative under paragraph (1) may be used to
deliver pollock harvested by such vessel from the directed fishing allowance under section 206(b)(1) (other than pollock

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–630

reserved under paragraph (1) for a fishery cooperative) to any
of the shoreside processors eligible under section 208(f). A
catcher vessel eligible under section 208(a) the catch history
of which has been attributed to a fishery cooperative under
paragraph (1) during any calendar year may not harvest any
pollock apportioned under section 206(b)(1) in such calendar
year other than the pollock reserved under paragraph (1) for
such fishery cooperative.
(6) TRANSFER OF COOPERATIVE HARVEST.—A contract
implementing a fishery cooperative under paragraph (1) may,
notwithstanding the other provisions of this subsection, provide
for up to 10 percent of the pollock harvested under such cooperative to be processed by a shoreside processor eligible under
section 208(f) other than the shoreside processor to which pollock will be delivered under paragraph (1).
(c) CATCHER VESSELS TO CATCHER/PROCESSORS.—Effective
January 1, 1999, not less than 8.5 percent of the directed fishing
allowance under section 206(b)(2) shall be available for harvest
only by the catcher vessels eligible under section 208(b). The owners
of such catcher vessels may participate in a fishery cooperative
with the owners of the catcher/processors eligible under paragraphs
(1) through (20) of the section 208(e). The owners of such catcher
vessels may participate in a fishery cooperative that will be in
effect during 1999 only if the contract implementing such cooperative establishes penalties to prevent such vessels from exceeding
in 1999 the traditional levels harvested by such vessels in all
other fisheries in the exclusive economic zone of the United States.
(d) CATCHER VESSELS TO MOTHERSHIPS.—
(1) PROCESSING.—Effective January 1, 2000, the authority
in section 1 of the Act of June 25, 1934 (48 Stat. 1213 and
1214; 15 U.S.C. 521 et seq.) shall extend to processing by
motherships eligible under section 208(d) solely for the purposes
of forming or participating in a fishery cooperative in the
directed pollock fishery upon the filing of a contract to implement a fishery cooperative under subsection (a) which has
been entered into by the owners of 80 percent or more of
the catcher vessels eligible under section 208(c) for the duration
of such contract, provided that such owners agree to the terms
of the fishery cooperative involving processing by the
motherships.
(2) VOLUNTARY PARTICIPATION.—Any contract implementing a fishery cooperative described in paragraph (1) must allow
the owners of any other catcher vessels eligible under section
208(c) to enter such contract after it is filed and before the
calendar year in which fishing will begin under the same terms
and conditions as the owners of the catcher vessels who entered
into such contract upon filing.
(e) EXCESSIVE SHARES.—
(1) HARVESTING.—No particular individual, corporation, or
other entity may harvest, through a fishery cooperative or
otherwise, a total of more than 17.5 percent of the pollock
available to be harvested in the directed pollock fishery.
(2) PROCESSING.—Under the authority of section 301(a)(4)
of the Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North
Pacific Council is directed to recommend for approval by the
Secretary conservation and management measures to prevent
any particular individual or entity from processing an excessive

Effective date.

Effective date.

112 STAT. 2681–631

PUBLIC LAW 105–277—OCT. 21, 1998

share of the pollock available to be harvested in the directed
pollock fishery. In the event the North Pacific Council recommends and the Secretary approves an excessive processing
share that is lower than 17.5 percent, any individual or entity
that previously processed a percentage greater than such share
shall be allowed to continue to process such percentage, except
that their percentage may not exceed 17.5 percent (excluding
pollock processed by catcher/processors that was harvested in
the directed pollock fishery by catcher vessels eligible under
208(b)) and shall be reduced if their percentage decreases,
until their percentage is below such share. In recommending
the excessive processing share, the North Pacific Council shall
consider the need of catcher vessels in the directed pollock
fishery to have competitive buyers for the pollock harvested
by such vessels.
(3) REVIEW BY MARITIME ADMINISTRATION.—At the request
of the North Pacific Council or the Secretary, any individual
or entity believed by such Council or the Secretary to have
exceeded the percentage in either paragraph (1) or (2) shall
submit such information to the Administrator of the Maritime
Administration as the Administrator deems appropriate to
allow the Administrator to determine whether such individual
or entity has exceeded either such percentage. The Administrator shall make a finding as soon as practicable upon such
request and shall submit such finding to the North Pacific
Council and the Secretary. For the purposes of this subsection,
any entity in which 10 percent or more of the interest is
owned or controlled by another individual or entity shall be
considered to be the same entity as the other individual or
entity.
(f) LANDING TAX JURISDICTION.—Any contract filed under subsection (a) shall include a contract clause under which the parties
to the contract agree to make payments to the State of Alaska
for any pollock harvested in the directed pollock fishery which
is not landed in the State of Alaska, in amounts which would
otherwise accrue had the pollock been landed in the State of Alaska
subject to any landing taxes established under Alaska law. Failure
to include such a contract clause or for such amounts to be paid
shall result in a revocation of the authority to form fishery cooperatives under section 1 of the Act of June 25, 1934 (15 U.S.C. 521
et seq.).
(g) PENALTIES.—The violation of any of the requirements of
this section or section 211 shall be considered the commission
of an act prohibited by section 307 of the Magnuson-Stevens Act
(16 U.S.C. 1857). In addition to the civil penalties and permit
sanctions applicable to prohibited acts under section 308 of such
Act (16 U.S.C. 1858), any person who is found by the Secretary,
after notice and an opportunity for a hearing in accordance with
section 554 of title 5, United States Code, to have violated a requirement of this section shall be subject to the forfeiture to the Secretary
of Commerce of any fish harvested or processed during the commission of such act.
SEC. 211. PROTECTIONS FOR OTHER FISHERIES; CONSERVATION
MEASURES.

(a) GENERAL.—The North Pacific Council shall recommend for
approval by the Secretary such conservation and management

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–632

measures as it determines necessary to protect other fisheries under
its jurisdiction and the participants in those fisheries, including
processors, from adverse impacts caused by this Act or fishery
cooperatives in the directed pollock fishery.
(b) CATCHER/PROCESSOR RESTRICTIONS.—
(1) GENERAL.—The restrictions in this subsection shall take
effect on January 1, 1999 and shall remain in effect thereafter
except that they may be superceded (with the exception of
paragraph (4)) by conservation and management measures recommended after the date of the enactment of this Act by
the North Pacific Council and approved by the Secretary in
accordance with the Magnuson-Stevens Act.
(2) BERING SEA FISHING.—The catcher/processors eligible
under paragraphs (1) through (20) of section 208(e) are hereby
prohibited from, in the aggregate—
(A) exceeding the percentage of the harvest available
in the offshore component of any Bering Sea and Aleutian
Islands groundfish fishery (other than the pollock fishery)
that is equivalent to the total harvest by such catcher/
processors and the catcher/processors listed in section 209
in the fishery in 1995, 1996, and 1997 relative to the
total amount available to be harvested by the offshore
component in the fishery in 1995, 1996, and 1997;
(B) exceeding the percentage of the prohibited species
available in the offshore component of any Bering Sea
and Aleutian Islands groundfish fishery (other than the
pollock fishery) that is equivalent to the total of the prohibited species harvested by such catcher/processors and the
catcher/processors listed in section 209 in the fishery in
1995, 1996, and 1997 relative to the total amount of prohibited species available to be harvested by the offshore component in the fishery in 1995, 1996, and 1997; and
(C) fishing for Atka mackerel in the eastern area of
the Bering Sea and Aleutian Islands and from exceeding
the following percentages of the directed harvest available
in the Bering Sea and Aleutian Islands Atka mackerel
fishery—
(i) 11.5 percent in the central area; and
(ii) 20 percent in the western area.
(3) BERING SEA PROCESSING.—The catcher/processors
eligible under paragraphs (1) through (20) of section 208(e)
are hereby prohibited from—
(A) processing any of the directed fishing allowances
under paragraphs (1) or (3) of section 206(b); and
(B) processing any species of crab harvested in the
Bering Sea and Aleutian Islands Management Area.
(4) GULF OF ALASKA.—The catcher/processors eligible under
paragraphs (1) through (20) of section 208(e) are hereby prohibited from—
(A) harvesting any fish in the Gulf of Alaska;
(B) processing any groundfish harvested from the portion of the exclusive economic zone off Alaska known as
area 630 under the fishery management plan for Gulf
of Alaska groundfish; or
(C) processing any pollock in the Gulf of Alaska (other
than as bycatch in non-pollock groundfish fisheries) or
processing, in the aggregate, a total of more than 10 percent

Effective date.

112 STAT. 2681–633

Effective dates.

PUBLIC LAW 105–277—OCT. 21, 1998

of the cod harvested from areas 610, 620, and 640 of
the Gulf of Alaska under the fishery management plan
for Gulf of Alaska groundfish.
(5) FISHERIES OTHER THAN NORTH PACIFIC.—The catcher/
processors eligible under paragraphs (1) through (20) of section
208(e) and motherships eligible under section 208(d) are hereby
prohibited from harvesting fish in any fishery under the authority of any regional fishery management council established
under section 302(a) of the Magnuson-Stevens Act (16 U.S.C.
1852(a)) other than the North Pacific Council, except for the
Pacific whiting fishery, and from processing fish in any fishery
under the authority of any such regional fishery management
council other than the North Pacific Council, except in the
Pacific whiting fishery, unless the catcher/processor or
mothership is authorized to harvest or process fish under a
fishery management plan recommended by the regional fishery
management council of jurisdiction and approved by the Secretary.
(6) OBSERVERS AND SCALES.—The catcher/processors
eligible under paragraphs (1) through (20) of section 208(e)
shall—
(A) have two observers onboard at all times while
groundfish is being harvested, processed, or received from
another vessel in any fishery under the authority of the
North Pacific Council; and
(B) weigh its catch on a scale onboard approved by
the National Marine Fisheries Service while harvesting
groundfish in fisheries under the authority of the North
Pacific Council.
This paragraph shall take effect on January 1, 1999 for catcher/
processors eligible under paragraphs (1) through (20) of section
208(e) that will harvest pollock allocated under section 206(a)
in 1999, and shall take effect on January 1, 2000 for all other
catcher/processors eligible under such paragraphs of section
208(e).
(c) CATCHER VESSEL AND SHORESIDE PROCESSOR RESTRICTIONS.—
(1) REQUIRED COUNCIL RECOMMENDATIONS.—By not later
than July 1, 1999, the North Pacific Council shall recommend
for approval by the Secretary conservation and management
measures to—
(A) prevent the catcher vessels eligible under subsections (a), (b), and (c) of section 208 from exceeding
in the aggregate the traditional harvest levels of such
vessels in other fisheries under the authority of the North
Pacific Council as a result of fishery cooperatives in the
directed pollock fishery; and
(B) protect processors not eligible to participate in the
directed pollock fishery from adverse effects as a result
of this Act or fishery cooperatives in the directed pollock
fishery.
If the North Pacific Council does not recommend such conservation and management measures by such date, or if the Secretary determines that such conservation and management
measures recommended by the North Pacific Council are not
adequate to fulfill the purposes of this paragraph, the Secretary
may by regulation restrict or change the authority in section

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–634

210(b) to the extent the Secretary deems appropriate, including
by preventing fishery cooperatives from being formed pursuant
to such section and by providing greater flexibility with respect
to the shoreside processor or shoreside processors to which
catcher vessels in a fishery cooperative under section 210(b)
may deliver pollock.
(2) BERING SEA CRAB AND GROUNDFISH.—
(A) Effective January 1, 2000, the owners of the
motherships eligible under section 208(d) and the shoreside
processors eligible under section 208(f) that receive pollock
from the directed pollock fishery under a fishery cooperative
are hereby prohibited from processing, in the aggregate
for each calendar year, more than the percentage of the
total catch of each species of crab in directed fisheries
under the jurisdiction of the North Pacific Council than
facilities operated by such owners processed of each such
species in the aggregate, on average, in 1995, 1996, 1997.
For the purposes of this subparagraph, the term ‘‘facilities’’
means any processing plant, catcher/processor, mothership,
floating processor, or any other operation that processes
fish. Any entity in which 10 percent or more of the interest
is owned or controlled by another individual or entity shall
be considered to be the same entity as the other individual
or entity for the purposes of this subparagraph.
(B) Under the authority of section 301(a)(4) of the
Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North
Pacific Council is directed to recommend for approval by
the Secretary conservation and management measures to
prevent any particular individual or entity from harvesting
or processing an excessive share of crab or of groundfish
in fisheries in the Bering Sea and Aleutian Islands Management Area.
(C) The catcher vessels eligible under section 208(b)
are hereby prohibited from participating in a directed fishery for any species of crab in the Bering Sea and Aleutian
Islands Management Area unless the catcher vessel harvested crab in the directed fishery for that species of crab
in such Area during 1997 and is eligible to harvest such
crab in such directed fishery under the license limitation
program recommended by the North Pacific Council and
approved by the Secretary. The North Pacific Council is
directed to recommend measures for approval by the Secretary to eliminate latent licenses under such program,
and nothing in this subparagraph shall preclude the Council from recommending measures more restrictive than
under this paragraph.
(3) FISHERIES OTHER THAN NORTH PACIFIC.—
(A) By not later than July 1, 2000, the Pacific Fishery
Management Council established under section 302(a)(1)(F)
of the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(F)) shall
recommend for approval by the Secretary conservation and
management measures to protect fisheries under its jurisdiction and the participants in those fisheries from adverse
impacts caused by this Act or by any fishery cooperatives
in the directed pollock fishery.
(B) If the Pacific Council does not recommend such
conservation and management measures by such date, or

Effective date.

112 STAT. 2681–635

PUBLIC LAW 105–277—OCT. 21, 1998

if the Secretary determines that such conservation and
management measures recommended by the Pacific Council
are not adequate to fulfill the purposes of this paragraph,
the Secretary may by regulation implement adequate measures including, but not limited to, restrictions on vessels
which harvest pollock under a fishery cooperative which
will prevent such vessels from harvesting Pacific groundfish, and restrictions on the number of processors eligible
to process Pacific groundfish.
(d) BYCATCH INFORMATION.—Notwithstanding section 402 of
the Magnuson-Stevens Act (16 U.S.C. 1881a), the North Pacific
Council may recommend and the Secretary may approve, under
such terms and conditions as the North Pacific Council and Secretary deem appropriate, the public disclosure of any information
from the groundfish fisheries under the authority of such Council
that would be beneficial in the implementation of section 301(a)(9)
or section 303(a)(11) of the Magnuson-Stevens Act (16 U.S.C.
1851(a)(9) and 1853(a)(11)).
(e) COMMUNITY DEVELOPMENT LOAN PROGRAM.—Under the
authority of title XI of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1271 et seq.), and subject to the availability of appropriations,
the Secretary is authorized to provide direct loan obligations to
communities eligible to participate in the western Alaska community development quota program established under 304(i) of the
Magnuson-Stevens Act (16 U.S.C. 1855(i)) for the purposes of
purchasing all or part of an ownership interest in vessels and
shoreside processors eligible under subsections (a), (b), (c), (d), (e),
or (f) of section 208. Notwithstanding the eligibility criteria in
section 208(a) and section 208(c), the LISA MARIE (United States
official number 1038717) shall be eligible under such sections in
the same manner as other vessels eligible under such sections.
46 USC app.
1274 note.

SEC. 212. RESTRICTION ON FEDERAL LOANS.

Section 302(b) of the Fisheries Financing Act (46 U.S.C. 1274
note) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Until October 1, 2001’’; and
(2) by inserting at the end the following new paragraph:
‘‘(2) No loans may be provided or guaranteed by the Federal
Government for the construction or rebuilding of a vessel
intended for use as a fishing vessel (as defined in section
2101 of title 46, United States Code), if such vessel will be
greater than 165 feet in registered length, of more than 750
gross registered tons, or have an engine or engines capable
of producing a total of more than 3,000 shaft horsepower,
after such construction or rebuilding is completed. This prohibition shall not apply to vessels to be used in the menhaden
fishery or in tuna purse seine fisheries outside the exclusive
economic zone of the United States or the area of the South
Pacific Regional Fisheries Treaty.’’.
SEC. 213. DURATION.

Effective date.
Termination
date.

(a) GENERAL.—Except as otherwise provided in this title, the
provisions of this title shall take effect upon the date of the enactment of this Act. Sections 206, 208, and 210 shall remain in effect
until December 31, 2004, and shall be repealed on such date,
except that the North Pacific Council may recommend and the
Secretary may approve conservation and management measures

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–636

as part of a fishery management plan under the Magnuson-Stevens
Act to give effect to the measures in such sections thereafter.
(b) EXISTING AUTHORITY.—Except for the measures required
by this subtitle, nothing in this subtitle shall be construed to
limit the authority of the North Pacific Council or the Secretary
under the Magnuson-Stevens Act.
(c) CHANGES TO FISHERY COOPERATIVE LIMITATIONS AND POLLOCK CDQ ALLOCATION.—The North Pacific Council may recommend and the Secretary may approve conservation and management measures in accordance with the Magnuson-Stevens Act—
(1) that supersede the provisions of this title, except for
sections 206 and 208, for conservation purposes or to mitigate
adverse effects in fisheries or on owners of fewer than three
vessels in the directed pollock fishery caused by this title or
fishery cooperatives in the directed pollock fishery, provided
such measures take into account all factors affecting the fisheries and are imposed fairly and equitably to the extent practicable among and within the sectors in the directed pollock
fishery;
(2) that supersede the allocation in section 206(a) for any
of the years 2002, 2003, and 2004, upon the finding by such
Council that the western Alaska community development quota
program for pollock has been adversely affected by the amendments in this title; or
(3) that supersede the criteria required in paragraph (1)
of section 210(b) to be used by the Secretary to set the percentage allowed to be harvested by catcher vessels pursuant to
a fishery cooperative under such paragraph.
(d) REPORT TO CONGRESS.—Not later than October 1, 2000,
the North Pacific Council shall submit a report to the Secretary
and to Congress on the implementation and effects of this Act,
including the effects on fishery conservation and management, on
bycatch levels, on fishing communities, on business and employment
practices of participants in any fishery cooperatives, on the western
Alaska community development quota program, on any fisheries
outside of the authority of the North Pacific Council, and such
other matters as the North Pacific Council deems appropriate.
(e) REPORT ON FILLET PRODUCTION.—Not later than June 1,
2000, the General Accounting Office shall submit a report to the
North Pacific Council, the Secretary, and the Congress on whether
this Act has negatively affected the market for fillets and fillet
blocks, including through the reduction in the supply of such fillets
and fillet blocks. If the report determines that such market has
been negatively affected, the North Pacific Council shall recommend
measures for the Secretary’s approval to mitigate any negative
effects.
(f) SEVERABILITY.—If any provision of this title, an amendment
made by this title, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional,
the remainder of this title, the amendments made by this title,
and the application of the provisions of such to any person or
circumstance shall not be affected thereby.
(g) INTERNATIONAL AGREEMENTS.—In the event that any provision of section 12102(c) or section 31322(a) of title 46, United
States Code, as amended by this Act, is determined to be inconsistent with an existing international agreement relating to foreign
investment to which the United States is a party with respect

112 STAT. 2681–637

PUBLIC LAW 105–277—OCT. 21, 1998

to the owner or mortgagee on October 1, 2001 of a vessel with
a fishery endorsement, such provision shall not apply to that owner
or mortgagee with respect to such vessel to the extent of any
such inconsistency. The provisions of section 12102(c) and section
31322(a) of title 46, United States Code, as amended by this Act,
shall apply to all subsequent owners and mortgagees of such vessel,
and shall apply, notwithstanding the preceding sentence, to the
owner on October 1, 2001 of such vessel if any ownership interest
in that owner is transferred to or otherwise acquired by a foreign
individual or entity after such date.
Denali
Commission Act
of 1998.
42 USC 3121
note.

TITLE III—DENALI COMMISSION
SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘Denali Commission Act of
1998’’.
SEC. 302. PURPOSES.

The purposes of this title are as follows:
(1) To deliver the services of the Federal Government in
the most cost-effective manner practicable by reducing administrative and overhead costs.
(2) To provide job training and other economic development
services in rural communities particularly distressed communities (many of which have a rate of unemployment that exceeds
50 percent).
(3) To promote rural development, provide power generation and transmission facilities, modern communication systems, water and sewer systems and other infrastructure needs.
SEC. 303. ESTABLISHMENT OF COMMISSION.

Alaska.

(a) ESTABLISHMENT.—There is established a commission to be
known as the Denali Commission (referred to in this title as the
‘‘Commission’’).
(b) MEMBERSHIP.—
(1) COMPOSITION.—The Commission shall be composed of
7 members, who shall be appointed by the Secretary of Commerce (referred to in this title as the ‘‘Secretary’’), of whom—
(A) one shall be the Governor of the State of Alaska,
or an individual selected from nominations submitted by
the Governor, who shall serve as the State Cochairperson;
(B) one shall be the President of the University of
Alaska, or an individual selected from nominations submitted by the President of the University of Alaska;
(C) one shall be the President of the Alaska Municipal
League or an individual selected from nominations submitted by the President of the Alaska Municipal League;
(D) one shall be the President of the Alaska Federation
or Natives or an individual selected from nominations
submitted by the President of the Alaska Federation or
Natives;
(E) one shall be the Executive President of the Alaska
State AFL–CIO or an individual selected from nominations
submitted by the Executive President;
(F) one shall be the President of the Associated General
Contractors of Alaska or an individual selected from
nominations submitted by the President of the Associated
General Contractors of Alaska; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–638

(G) one shall be the Federal Cochairperson, who shall
be selected in accordance with the requirements of paragraph (2).
(2) FEDERAL COCHAIRPERSON.—
(A) IN GENERAL.—The President pro temporare of the
Senate and the Speaker of the House of Representatives
shall each submit a list of nominations for the position
of the Federal Cochairperson under paragraph (1)(G),
including pertinent biographical information, to the Secretary.
(B) APPOINTMENT.—The Secretary shall appoint the
Federal Cochairperson from among the list of nominations
submitted under subparagraph (A). The Federal Cochairperson shall serve as an employee of the Department of
Commerce, and may be removed by the Secretary for cause.
(C) FEDERAL COCHAIRPERSON VOTE.—The Federal
Cochairperson appointed under this paragraph shall break
any tie in the voting of the Commission.
(4) DATE.—The appointments of the members of the
Commission shall be made no later than January 1, 1999.
(c) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled in the
same manner as the original appointment.
(d) MEETINGS.—
(1) IN GENERAL.—The Commission shall meet at the call
of the Federal Cochairperson not less frequently than 2 times
each year, and may, as appropriate, conduct business by telephone or other electronic means.
(2) NOTIFICATION.—Not later than 2 weeks before calling
a meeting under this subsection, the Federal Cochairperson
shall—
(A) notify each member of the Commission of the time,
date and location of that meeting; and
(B) provide each member of the Commission with a
written agenda for the meeting, including any proposals
for discussion and consideration, and any appropriate background materials.
(e) QUORUM.—A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
SEC. 304. DUTIES OF THE COMMISSION.

(a) WORK PLAN.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act and annually thereafter, the Commission shall develop a proposed work plan for Alaska that meets
the requirements of paragraph (2) and submit that plan to
the Federal Cochairperson for review in accordance with the
requirements of subsection (b).
(2) WORK PLAN.—In developing the work plan, the Commission shall—
(A) solicit project proposals from local governments
and other entities and organizations; and
(B) provide for a comprehensive work plan for rural
and infrastructure development and necessary job training
in the area covered under the work plan.

112 STAT. 2681–639

Federal Register,
publication.

PUBLIC LAW 105–277—OCT. 21, 1998

(3) REPORT.—Upon completion of a work plan under this
subsection, the Commission shall prepare, and submit to the
Secretary, the Federal Cochairperson, and the Director of the
Office of Management and Budget, a report that outlines the
work plan and contains recommendations for funding priorities.
(b) REVIEW BY FEDERAL COCHAIRPERSON.—
(1) IN GENERAL.—Upon receiving a work plan under this
section, the Secretary, acting through the Federal Cochairperson, shall publish the work plan in the Federal Register,
with notice and an opportunity for public comment. The period
for public review and comment shall be the 30-day period
beginning on the date of publication of that notice.
(2) CRITERIA FOR REVIEW.—In conducting a review under
paragraph (1), the Secretary, acting through the Federal
Cochairperson, shall—
(A) take into consideration the information, views, and
comments received from interested parties through the public review and comment process specified in paragraph
(1); and
(B) consult with appropriate Federal officials in Alaska
including but not limited to Bureau of Indian Affairs, Economic Development Administration, and Rural Development Administration.
(3) APPROVAL.—Not later than 30 days after the end of
the period specified in paragraph (1), the Secretary acting
through the Federal Cochairperson, shall—
(A) approve, disapprove, or partially approve the work
plan that is the subject of the review; and
(B) issue to the Commission a notice of the approval,
disapproval, or partial approval that—
(i) specifies the reasons for disapproving any portion of the work plan; and
(ii) if applicable, includes recommendations for
revisions to the work plan to make the plan subject
to approval.
(4) REVIEW OF DISAPPROVAL OR PARTIAL APPROVAL.—If the
Secretary, acting through the Federal Cochairperson, disapproves or partially approves a work plan, the Federal
Cochairperson shall submit that work plan to the Commission
for review and revision.
SEC. 305. POWERS OF THE COMMISSION.

(a) INFORMATION FROM FEDERAL AGENCIES.—The Commission
may secure directly from any Federal department or agency such
information as it considers necessary to carry out the provisions
of this Act. Upon request of the Federal Cochairperson of the
Commission, the head of such department or agency shall furnish
such information to the Commission. Agencies must provide the
Commission with the requested information in a timely manner.
Agencies are not required to provide the Commission any information that is exempt from disclosure by the Freedom of Information
Act. Agenices may, upon request by the Commission, make services
and personnel available to the Commission to carry out the duties
of the Commission. To the maximum extent practicable, the
Commission shall contract for completion of necesssary work utilizing local firms and labor to minimize costs.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–640

(b) POSTAL SERVICES.—The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(c) GIFTS.—The Commission may accept, use, and dispose of
gifts or donations of services or property.
SEC. 306. COMMISSION PERSONNEL MATTERS.

(a) COMPENSATION OF MEMBERS.—Each member of the Commission who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day (including travel time) during the time such member
is engaged in the performance of the duties of the Commission.
All members of the Commission who are officers or employees
of the United States shall serve without compensation that is in
addition to that received for their services as officers or employees
of the United States.
(b) TRAVEL EXPENSES.—The members of the Commission shall
be allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter
I of chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission.
(c) STAFF.—
(1) IN GENERAL.—The Federal Cochairperson of the
Commission may, without regard to the civil service laws and
regulations, appoint such personnel as may be necessary to
enable the Commission to perform its duties.
(2) COMPENSATION.—The Chairman of the Commission may
fix the compensation of personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title
5, United States Code, relating to classification of positions
and General Schedule pay rates.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Government employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Federal Cochairperson of the Commission may procure
temporary and intermittent services under section 3109(b) of title
5, United States Code, at rates for individuals which do not exceed
the daily equivalent of the annual rate of basic pay prescribed
for level V of the Executive Schedule under section 5316 of such
title.
(f) OFFICES.—The principal office of the Commission shall be
located in Alaska, at a location that the Commission shall select.
SEC. 307. SPECIAL FUNCTIONS.

(a) RURAL UTILITIES.—In carrying out its functions under this
title, the Commission shall as appropriate, provide assistance, seek
to avoid duplicating services and assistance, and complement the
water and sewer wastewater programs under section 306D of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1926d)
and section 303 of the Safe Drinking Water Act Amendments of
1996 (33 U.S.C. 1263a).
(b) BULK FUELS.—The Commission, in consultation with the
Commandant of the Coast Guard, shall develop a plan to provide

112 STAT. 2681–641

PUBLIC LAW 105–277—OCT. 21, 1998

for the repair or replacement of bulk fuel storage tanks in Alaska
that are not in compliance with applicable—
(1) Federal law, including the Oil Pollution Act of 1990
(104 Stat. 484); or
(2) State law.
SEC. 308. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.

The Federal Advisory Committee Act shall not apply to the
Commission.
SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to
the Commission to carry out the duties of the Commission consistent
with the purposes of this title and pursuant to the work plan
approved under section 4 under this Act, $20,000,000 for fiscal
year 1999, and such sums as may be necessary for fiscal years
2000, 2001, 2002, and 2003
(b) AVAILABILITY.—Any sums appropriated under the authorization contained in this section shall remain available until expended.
American
Competitiveness
and Workforce
Improvement Act
of 1998.
8 USC 1101 note.

TITLE IV—AMERICAN COMPETITIVENESS AND WORKFORCE
IMPROVEMENT ACT
SEC. 401. SHORT TITLE; TABLE OF CONTENTS; AMENDMENTS TO
IMMIGRATION AND NATIONALITY ACT.

(a) SHORT TITLE.—This title may be cited as the ‘‘American
Competitiveness and Workforce Improvement Act of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents of this title
is as follows:
Sec. 401. Short title; table of contents; amendments to Immigration and Nationality
Act.
SUBTITLE A—PROVISIONS RELATING

TO

H–1B NONIMMIGRANTS

Sec. 411. Temporary increase in access to temporary skilled personnel under H–1B
program.
Sec. 412. Protection against displacement of United States workers in case of H–
1B-dependent employers.
Sec. 413. Changes in enforcement and penalties.
Sec. 414. Collection and use of H–1B nonimmigrant fees for scholarships for lowincome math, engineering, and computer science students and job training of United States workers.
Sec. 415. Computation of prevailing wage level.
Sec. 416. Improving count of H–1B and H–2B nonimmigrants.
Sec. 417. Report on older workers in the information technology field.
Sec. 418. Report on high technology labor market needs; reports on economic impact of increase in H–1B nonimmigrants.
SUBTITLE B—SPECIAL IMMIGRANT STATUS

FOR

CERTAIN NATO CIVILIAN EMPLOYEES

Sec. 421. Special immigrant status for certain NATO civilian employees.
SUBTITLE C—MISCELLANEOUS PROVISION
Sec. 431. Academic honoraria.

(c) AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT.—
Except as otherwise specifically provided in this title, whenever
in this title an amendment is expressed in terms of an amendment
to a section or other provision, the reference shall be considered
to be made to that section or other provision of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.).

PUBLIC LAW 105–277—OCT. 21, 1998
SUBTITLE A—PROVISIONS RELATING

TO

112 STAT. 2681–642

H–1B NONIMMIGRANTS

SEC. 411. TEMPORARY INCREASE IN ACCESS TO TEMPORARY SKILLED
PERSONNEL UNDER H–1B PROGRAM.

(a) TEMPORARY INCREASE IN SKILLED NONIMMIGRANT
ERS.—Paragraph (1)(A) of section 214(g) (8 U.S.C. 1184(g)) is

WORKamend-

ed to read as follows:
‘‘(A) under section 101(a)(15)(H)(i)(b), may not exceed—
‘‘(i) 65,000 in each fiscal year before fiscal year 1999;
‘‘(ii) 115,000 in fiscal year 1999;
‘‘(iii) 115,000 in fiscal year 2000;
‘‘(iv) 107,500 in fiscal year 2001; and
‘‘(v) 65,000 in each succeeding fiscal year; or’’.
(b) EFFECTIVE DATES.—The amendment made by subsection
(a) applies beginning with fiscal year 1999.
SEC. 412. PROTECTION AGAINST DISPLACEMENT OF UNITED STATES
WORKERS IN CASE OF H–1B-DEPENDENT EMPLOYERS.

(a) PROTECTION AGAINST LAYOFF AND REQUIREMENT FOR PRIOR
RECRUITMENT OF UNITED STATES WORKERS.—
(1) ADDITIONAL STATEMENTS ON APPLICATION.—Section
212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting after
subparagraph (D) the following:
‘‘(E)(i) In the case of an application described in clause
(ii), the employer did not displace and will not displace a
United States worker (as defined in paragraph (4)) employed
by the employer within the period beginning 90 days before
and ending 90 days after the date of filing of any visa petition
supported by the application.
‘‘(ii) An application described in this clause is an application
filed on or after the date final regulations are first promulgated
to carry out this subparagraph, and before October 1, 2001,
by an H–1B-dependent employer (as defined in paragraph (3))
or by an employer that has been found, on or after the date
of the enactment of the American Competitiveness and
Workforce Improvement Act of 1998, under paragraph (2)(C)
or (5) to have committed a willful failure or misrepresentation
during the 5-year period preceding the filing of the application.
An application is not described in this clause if the only H–
1B nonimmigrants sought in the application are exempt H–
1B nonimmigrants.
‘‘(F) In the case of an application described in subparagraph
(E)(ii), the employer will not place the nonimmigrant with
another employer (regardless of whether or not such other
employer is an H–1B-dependent employer) where—
‘‘(i) the nonimmigrant performs duties in whole or in
part at one or more worksites owned, operated, or controlled
by such other employer; and
‘‘(ii) there are indicia of an employment relationship
between the nonimmigrant and such other employer;
unless the employer has inquired of the other employer as
to whether, and has no knowledge that, within the period
beginning 90 days before and ending 90 days after the date
of the placement of the nonimmigrant with the other employer,
the other employer has displaced or intends to displace a United
States worker employed by the other employer.

8 USC 1184 note.

112 STAT. 2681–643

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(G)(i) In the case of an application described in subparagraph (E)(ii), subject to clause (ii), the employer, prior to filing
the application—
‘‘(I) has taken good faith steps to recruit, in the United
States using procedures that meet industry-wide standards
and offering compensation that is at least as great as
that required to be offered to H–1B nonimmigrants under
subparagraph (A), United States workers for the job for
which the nonimmigrant or nonimmigrants is or are sought;
and
‘‘(II) has offered the job to any United States worker
who applies and is equally or better qualified for the job
for which the nonimmigrant or nonimmigrants is or are
sought.
‘‘(ii) The conditions described in clause (i) shall not apply
to an application filed with respect to the employment of an
H–1B nonimmigrant who is described in subparagraph (A),
(B), or (C) of section 203(b)(1).’’.
(2) NOTICE ON APPLICATION OF POTENTIAL LIABILITY OF
PLACING EMPLOYERS.—Section 212(n)(1) (8 U.S.C. 1182(n)(1))
is amended by adding at the end the following: ‘‘The application
form shall include a clear statement explaining the liability
under subparagraph (F) of a placing employer if the other
employer described in such subparagraph displaces a United
States worker as described in such subparagraph.’’.
(3) CONSTRUCTION.—Section 212(n)(1) (8 U.S.C. 1182(n)(1))
is further amended by adding at the end the following: ‘‘Nothing
in subparagraph (G) shall be construed to prohibit an employer
from using legitimate selection criteria relevant to the job that
are normal or customary to the type of job involved, so long
as such criteria are not applied in a discriminatory manner.’’.
(b) H–1B-DEPENDENT EMPLOYER AND OTHER DEFINITIONS.—
(1) IN GENERAL.—Section 212(n) (8 U.S.C. 1182(n)) is
amended by adding at the end the following:
‘‘(3)(A) For purposes of this subsection, the term ‘H–1B-dependent employer’ means an employer that—
‘‘(i)(I) has 25 or fewer full-time equivalent employees who
are employed in the United States; and (II) employs more
than 7 H–1B nonimmigrants;
‘‘(ii)(I) has at least 26 but not more than 50 full-time
equivalent employees who are employed in the United States;
and (II) employs more than 12 H–1B nonimmigrants; or
‘‘(iii)(I) has at least 51 full-time equivalent employees who
are employed in the United States; and (II) employs H–1B
nonimmigrants in a number that is equal to at least 15 percent
of the number of such full-time equivalent employees.
‘‘(B) For purposes of this subsection—
‘‘(i) the term ‘exempt H–1B nonimmigrant’ means an H–
1B nonimmigrant who—
‘‘(I) receives wages (including cash bonuses and similar
compensation) at an annual rate equal to at least $60,000;
or
‘‘(II) has attained a master’s or higher degree (or its
equivalent) in a specialty related to the intended employment; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–644

‘‘(ii) the term ‘nonexempt H–1B nonimmigrant’ means an
H–1B nonimmigrant who is not an exempt H–1B nonimmigrant.
‘‘(C) For purposes of subparagraph (A)—
‘‘(i) in computing the number of full-time equivalent
employees and the number of H–1B nonimmigrants, exempt
H–1B nonimmigrants shall not be taken into account during
the longer of—
‘‘(I) the 6-month period beginning on the date of the
enactment of the American Competitiveness and Workforce
Improvement Act of 1998; or
‘‘(II) the period beginning on the date of the enactment
of the American Competitiveness and Workforce Improvement Act of 1998 and ending on the date final regulations
are issued to carry out this paragraph; and
‘‘(ii) any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue
Code of 1986 shall be treated as a single employer.
‘‘(4) For purposes of this subsection:
‘‘(A) The term ‘area of employment’ means the area within
normal commuting distance of the worksite or physical location
where the work of the H–1B nonimmigrant is or will be performed. If such worksite or location is within a Metropolitan
Statistical Area, any place within such area is deemed to be
within the area of employment.
‘‘(B) In the case of an application with respect to one
or more H–1B nonimmigrants by an employer, the employer
is considered to ‘displace’ a United States worker from a job
if the employer lays off the worker from a job that is essentially
the equivalent of the job for which the nonimmigrant or nonimmigrants is or are sought. A job shall not be considered
to be essentially equivalent of another job unless it involves
essentially the same responsibilities, was held by a United
States worker with substantially equivalent qualifications and
experience, and is located in the same area of employment
as the other job.
‘‘(C) The term ‘H–1B nonimmigrant’ means an alien admitted or provided status as a nonimmigrant described in section
101(a)(15)(H)(i)(b).
‘‘(D)(i) The term ‘lays off’, with respect to a worker—
‘‘(I) means to cause the worker’s loss of employment,
other than through a discharge for inadequate performance,
violation of workplace rules, cause, voluntary departure,
voluntary retirement, or the expiration of a grant or contract (other than a temporary employment contract entered
into in order to evade a condition described in subparagraph (E) or (F) of paragraph (1)); but
‘‘(II) does not include any situation in which the worker
is offered, as an alternative to such loss of employment,
a similar employment opportunity with the same employer
(or, in the case of a placement of a worker with another
employer under paragraph (1)(F), with either employer
described in such paragraph) at equivalent or higher compensation and benefits than the position from which the
employee was discharged, regardless of whether or not
the employee accepts the offer.

112 STAT. 2681–645

8 USC 1182 note.

8 USC 1182 note.

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(ii) Nothing in this subparagraph is intended to limit
an employee’s rights under a collective bargaining agreement
or other employment contract.
‘‘(E) The term ‘United States worker’ means an employee
who—
‘‘(i) is a citizen or national of the United States; or
‘‘(ii) is an alien who is lawfully admitted for permanent
residence, is admitted as a refugee under section 207, is
granted asylum under section 208, or is an immigrant
otherwise authorized, by this Act or by the Attorney General, to be employed.’’.
(2) CONFORMING AMENDMENTS.—Section 212(n)(1) (8 U.S.C.
1182(n)(1)) is amended by striking ‘‘a nonimmigrant described
in section 101(a)(15)(H)(i)(b)’’ each place it appears and inserting ‘‘an H–1B nonimmigrant’’.
(c) IMPROVED POSTING OF NOTICE OF APPLICATION.—Section
212(n)(1)(C)(ii) (8 U.S.C. 1182(n)(1)(C)(ii)) is amended to read as
follows:
‘‘(ii) if there is no such bargaining representative, has
provided notice of filing in the occupational classification
through such methods as physical posting in conspicuous
locations at the place of employment or electronic notification to employees in the occupational classification for
which H–1B nonimmigrants are sought.’’.
(d) EFFECTIVE DATES.—The amendments made by subsection
(a) apply to applications filed under section 212(n)(1) of the
Immigration and Nationality Act on or after the date final regulations are issued to carry out such amendments, and the amendments made by subsections (b) and (c) take effect on the date
of the enactment of this Act.
(e) REDUCTION OF PERIOD FOR PUBLIC COMMENT.—In first
promulgating regulations to implement the amendments made by
this section in a timely manner, the Secretary of Labor and the
Attorney General may reduce to not less than 30 days the period
of public comment on proposed regulations.
SEC. 413. CHANGES IN ENFORCEMENT AND PENALTIES.

Notification.

(a) INCREASED ENFORCEMENT AND PENALTIES.—Section
212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is amended to read as follows:
‘‘(C)(i) If the Secretary finds, after notice and opportunity for
a hearing, a failure to meet a condition of paragraph (1)(B), (1)(E),
or (1)(F), a substantial failure to meet a condition of paragraph
(1)(C), (1)(D), or (1)(G)(i)(I), or a misrepresentation of material
fact in an application—
‘‘(I) the Secretary shall notify the Attorney General of such
finding and may, in addition, impose such other administrative
remedies (including civil monetary penalties in an amount not
to exceed $1,000 per violation) as the Secretary determines
to be appropriate; and
‘‘(II) the Attorney General shall not approve petitions filed
with respect to that employer under section 204 or 214(c) during
a period of at least 1 year for aliens to be employed by the
employer.
‘‘(ii) If the Secretary finds, after notice and opportunity for
a hearing, a willful failure to meet a condition of paragraph (1),
a willful misrepresentation of material fact in an application, or
a violation of clause (iv)—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–646

‘‘(I) the Secretary shall notify the Attorney General of such
finding and may, in addition, impose such other administrative
remedies (including civil monetary penalties in an amount not
to exceed $5,000 per violation) as the Secretary determines
to be appropriate; and
‘‘(II) the Attorney General shall not approve petitions filed
with respect to that employer under section 204 or 214(c) during
a period of at least 2 years for aliens to be employed by
the employer.
‘‘(iii) If the Secretary finds, after notice and opportunity for
a hearing, a willful failure to meet a condition of paragraph (1)
or a willful misrepresentation of material fact in an application,
in the course of which failure or misrepresentation the employer
displaced a United States worker employed by the employer within
the period beginning 90 days before and ending 90 days after
the date of filing of any visa petition supported by the application—
‘‘(I) the Secretary shall notify the Attorney General of such
finding and may, in addition, impose such other administrative
remedies (including civil monetary penalties in an amount not
to exceed $35,000 per violation) as the Secretary determines
to be appropriate; and
‘‘(II) the Attorney General shall not approve petitions filed
with respect to that employer under section 204 or 214(c) during
a period of at least 3 years for aliens to be employed by
the employer.
‘‘(iv) It is a violation of this clause for an employer who has
filed an application under this subsection to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any other manner
discriminate against an employee (which term, for purposes of
this clause, includes a former employee and an applicant for employment) because the employee has disclosed information to the
employer, or to any other person, that the employee reasonably
believes evidences a violation of this subsection, or any rule or
regulation pertaining to this subsection, or because the employee
cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer’s compliance with the requirements
of this subsection or any rule or regulation pertaining to this
subsection.
‘‘(v) The Secretary of Labor and the Attorney General shall
devise a process under which an H–1B nonimmigrant who files
a complaint regarding a violation of clause (iv) and is otherwise
eligible to remain and work in the United States may be allowed
to seek other appropriate employment in the United States for
a period not to exceed the maximum period of stay authorized
for such nonimmigrant classification.
‘‘(vi)(I) It is a violation of this clause for an employer who
has filed an application under this subsection to require an H–
1B nonimmigrant to pay a penalty for ceasing employment with
the employer prior to a date agreed to by the nonimmigrant and
the employer. The Secretary shall determine whether a required
payment is a penalty (and not liquidated damages) pursuant to
relevant State law.
‘‘(II) It is a violation of this clause for an employer who has
filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which
a fee is imposed under section 214(c)(9), to reimburse, or otherwise
compensate, the employer for part or all of the cost of such fee.

Notification.

Notification.

112 STAT. 2681–647

PUBLIC LAW 105–277—OCT. 21, 1998

It is a violation of this clause for such an employer otherwise
to accept such reimbursement or compensation from such an alien.
‘‘(III) If the Secretary finds, after notice and opportunity for
a hearing, that an employer has committed a violation of this
clause, the Secretary may impose a civil monetary penalty of $1,000
for each such violation and issue an administrative order requiring
the return to the nonimmigrant of any amount paid in violation
of this clause, or, if the nonimmigrant cannot be located, requiring
payment of any such amount to the general fund of the Treasury.
‘‘(vii)(I) It is a failure to meet a condition of paragraph (1)(A)
for an employer, who has filed an application under this subsection
and who places an H–1B nonimmigrant designated as a full-time
employee on the petition filed under section 214(c)(1) by the
employer with respect to the nonimmigrant, after the nonimmigrant
has entered into employment with the employer, in nonproductive
status due to a decision by the employer (based on factors such
as lack of work), or due to the nonimmigrant’s lack of a permit
or license, to fail to pay the nonimmigrant full-time wages in
accordance with paragraph (1)(A) for all such nonproductive time.
‘‘(II) It is a failure to meet a condition of paragraph (1)(A)
for an employer, who has filed an application under this subsection
and who places an H–1B nonimmigrant designated as a parttime employee on the petition filed under section 214(c)(1) by the
employer with respect to the nonimmigrant, after the nonimmigrant
has entered into employment with the employer, in nonproductive
status under circumstances described in subclause (I), to fail to
pay such a nonimmigrant for such hours as are designated on
such petition consistent with the rate of pay identified on such
petition.
‘‘(III) In the case of an H–1B nonimmigrant who has not yet
entered into employment with an employer who has had approved
an application under this subsection, and a petition under section
214(c)(1), with respect to the nonimmigrant, the provisions of subclauses (I) and (II) shall apply to the employer beginning 30 days
after the date the nonimmigrant first is admitted into the United
States pursuant to the petition, or 60 days after the date the
nonimmigrant becomes eligible to work for the employer (in the
case of a nonimmigrant who is present in the United States on
the date of the approval of the petition).
‘‘(IV) This clause does not apply to a failure to pay wages
to an H–1B nonimmigrant for nonproductive time due to nonwork-related factors, such as the voluntary request of the nonimmigrant for an absence or circumstances rendering the nonimmigrant unable to work.
‘‘(V) This clause shall not be construed as prohibiting an
employer that is a school or other educational institution from
applying to an H–1B nonimmigrant an established salary practice
of the employer, under which the employer pays to H–1B nonimmigrants and United States workers in the same occupational
classification an annual salary in disbursements over fewer than
12 months, if—
‘‘(aa) the nonimmigrant agrees to the compressed annual
salary payments prior to the commencement of the employment;
and
‘‘(bb) the application of the salary practice to the nonimmigrant does not otherwise cause the nonimmigrant to

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–648

violate any condition of the nonimmigrant’s authorization under
this Act to remain in the United States.
‘‘(VI) This clause shall not be construed as superseding clause
(viii).
‘‘(viii) It is a failure to meet a condition of paragraph (1)(A)
for an employer who has filed an application under this subsection
to fail to offer to an H–1B nonimmigrant, during the nonimmigrant’s
period of authorized employment, benefits and eligibility for benefits
(including the opportunity to participate in health, life, disability,
and other insurance plans; the opportunity to participate in retirement and savings plans; and cash bonuses and noncash compensation, such as stock options (whether or not based on performance))
on the same basis, and in accordance with the same criteria, as
the employer offers to United States workers.’’.
(b) USE OF ARBITRATION PROCESS FOR DISPUTES INVOLVING
QUALIFICATIONS OF UNITED STATES WORKERS NOT HIRED.—
(1) IN GENERAL.—Section 212(n) (8 U.S.C. 1182(n)), as
amended by section 412(b), is further amended by adding at
the end the following:
‘‘(5)(A) This paragraph shall apply instead of subparagraphs
(A) through (E) of paragraph (2) in the case of a violation described
in subparagraph (B), but shall not be construed to limit or affect
the authority of the Secretary or the Attorney General with respect
to any other violation.
‘‘(B) The Attorney General shall establish a process for the
receipt, initial review, and disposition in accordance with this paragraph of complaints respecting an employer’s failure to meet the
condition of paragraph (1)(G)(i)(II) or a petitioner’s misrepresentation of material facts with respect to such condition. Complaints
may be filed by an aggrieved individual who has submitted a
resume or otherwise applied in a reasonable manner for the job
that is the subject of the condition. No proceeding shall be conducted
under this paragraph on a complaint concerning such a failure
or misrepresentation unless the Attorney General determines that
the complaint was filed not later than 12 months after the date
of the failure or misrepresentation, respectively.
‘‘(C) If the Attorney General finds that a complaint has been
filed in accordance with subparagraph (B) and there is reasonable
cause to believe that such a failure or misrepresentation described
in such complaint has occurred, the Attorney General shall initiate
binding arbitration proceedings by requesting the Federal Mediation
and Conciliation Service to appoint an arbitrator from the roster
of arbitrators maintained by such Service. The procedure and rules
of such Service shall be applicable to the selection of such arbitrator
and to such arbitration proceedings. The Attorney General shall
pay the fee and expenses of the arbitrator.
‘‘(D)(i) The arbitrator shall make findings respecting whether
a failure or misrepresentation described in subparagraph (B)
occurred. If the arbitrator concludes that failure or misrepresentation was willful, the arbitrator shall make a finding to that effect.
The arbitrator may not find such a failure or misrepresentation
(or that such a failure or misrepresentation was willful) unless
the complainant demonstrates such a failure or misrepresentation
(or its willful character) by clear and convincing evidence. The
arbitrator shall transmit the findings in the form of a written
opinion to the parties to the arbitration and the Attorney General.
Such findings shall be final and conclusive, and, except as provided

Applicability.

Establishment.

112 STAT. 2681–649

PUBLIC LAW 105–277—OCT. 21, 1998

in this subparagraph, no official or court of the United States
shall have power or jurisdiction to review any such findings.
‘‘(ii) The Attorney General may review and reverse or modify
the findings of an arbitrator only on the same bases as an award
of an arbitrator may be vacated or modified under section 10
or 11 of title 9, United States Code.
‘‘(iii) With respect to the findings of an arbitrator, a court
may review only the actions of the Attorney General under clause
(ii) and may set aside such actions only on the grounds described
in subparagraph (A), (B), or (C) of section 706(a)(2) of title 5,
United States Code. Notwithstanding any other provision of law,
such judicial review may only be brought in an appropriate United
States court of appeals.
‘‘(E) If the Attorney General receives a finding of an arbitrator
under this paragraph that an employer has failed to meet the
condition of paragraph (1)(G)(i)(II) or has misrepresented a material
fact with respect to such condition, unless the Attorney General
reverses or modifies the finding under subparagraph (D)(ii)—
‘‘(i) the Attorney General may impose administrative remedies (including civil monetary penalties in an amount not
to exceed $1,000 per violation or $5,000 per violation in the
case of a willful failure or misrepresentation) as the Attorney
General determines to be appropriate; and
‘‘(ii) the Attorney General is authorized to not approve
petitions filed, with respect to that employer and for aliens
to be employed by the employer, under section 204 or 214(c)—
‘‘(I) during a period of not more than 1 year; or
‘‘(II) in the case of a willful failure or willful misrepresentation, during a period of not more than 2 years.
‘‘(F) The Attorney General shall not delegate, to any other
employee or official of the Department of Justice, any function
of the Attorney General under this paragraph, until 60 days after
the Attorney General has submitted a plan for such delegation
to the Committees on the Judiciary of the United States House
of Representatives and the Senate.’’.
(2) CONFORMING AMENDMENT.—The first sentence of section
212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amended by striking
‘‘The Secretary’’ and inserting ‘‘Subject to paragraph (5)(A),
the Secretary’’.
(c) LIABILITY OF PETITIONING EMPLOYER IN CASE OF PLACEMENT
OF H–1B NONIMMIGRANT WITH ANOTHER EMPLOYER.—Section
212(n)(2) (8 U.S.C. 1182(n)(2)) is amended by adding at the end
the following:
‘‘(E) If an H–1B-dependent employer places a nonexempt H–
1B nonimmigrant with another employer as provided under paragraph (1)(F) and the other employer has displaced or displaces
a United States worker employed by such other employer during
the period described in such paragraph, such displacement shall
be considered for purposes of this paragraph a failure, by the
placing employer, to meet a condition specified in an application
submitted under paragraph (1); except that the Attorney General
may impose a sanction described in subclause (II) of subparagraph
(C)(i), (C)(ii), or (C)(iii) only if the Secretary of Labor found that
such placing employer—
‘‘(i) knew or had reason to know of such displacement
at the time of the placement of the nonimmigrant with the
other employer; or

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–650

‘‘(ii) has been subject to a sanction under this subparagraph
based upon a previous placement of an H–1B nonimmigrant
with the same other employer.’’.
(d) SPOT INVESTIGATIONS DURING PROBATIONARY PERIOD.—Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection (c),
is further amended by adding at the end the following:
‘‘(F) The Secretary may, on a case-by-case basis, subject an
employer to random investigations for a period of up to 5 years,
beginning on the date (on or after the date of the enactment
of the American Competitiveness and Workforce Improvement Act
of 1998) on which the employer is found by the Secretary to have
committed a willful failure to meet a condition of paragraph (1)
(or has been found under paragraph (5) to have committed a willful
failure to meet the condition of paragraph (1)(G)(i)(II)) or to have
made a willful misrepresentation of material fact in an application.
The preceding sentence shall apply to an employer regardless of
whether or not the employer is an H–1B-dependent employer. The
authority of the Secretary under this subparagraph shall not be
construed to be subject to, or limited by, the requirements of
subparagraph (A).’’.
(e) ADDITIONAL INVESTIGATIVE AUTHORITY.—
(1) IN GENERAL.—Section 212(n)(2) (8 U.S.C. 1182(n)(2)),
as amended by subsection (d), is further amended by adding
at the end the following:
‘‘(G)(i) If the Secretary receives specific credible information
from a source, who is likely to have knowledge of an employer’s
practices or employment conditions, or an employer’s compliance
with the employer’s labor condition application under paragraph
(1), and whose identity is known to the Secretary, and such information provides reasonable cause to believe that the employer has
committed a willful failure to meet a condition of paragraph (1)(A),
(1)(B), (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in a pattern or
practice of failures to meet such a condition, or has committed
a substantial failure to meet such a condition that affects multiple
employees, the Secretary may conduct a 30-day investigation into
the alleged failure or failures. The Secretary (or the Acting Secretary in the case of the Secretary’s absence or disability) shall
personally certify that the requirements for conducting such an
investigation have been met and shall approve commencement of
the investigation. The Secretary may withhold the identity of the
source from the employer, and the source’s identity shall not be
subject to disclosure under section 552 of title 5, United States
Code.
‘‘(ii) The Secretary shall establish a procedure for any person,
desiring to provide to the Secretary information described in clause
(i) that may be used, in whole or in part, as the basis for commencement of an investigation described in such clause, to provide the
information in writing on a form developed and provided by the
Secretary and completed by or on behalf of the person. The person
may not be an officer or employee of the Department of Labor,
unless the information satisfies the requirement of clause (iii)(II)
(although an officer or employee of the Department of Labor may
complete the form on behalf of the person).
‘‘(iii) Any investigation initiated or approved by the Secretary
under clause (i) shall be based on information that satisfies the
requirements of such clause and that (I) originates from a source
other than an officer or employee of the Department of Labor,

Certification.

112 STAT. 2681–651

Notice.

Notice.

8 USC 1182 note.

PUBLIC LAW 105–277—OCT. 21, 1998

or (II) was lawfully obtained by the Secretary of Labor in the
course of lawfully conducting another Department of Labor investigation under this Act or any other Act.
‘‘(iv) The receipt by the Secretary of information submitted
by an employer to the Attorney General or the Secretary for purposes of securing the employment of an H–1B nonimmigrant shall
not be considered a receipt of information for purposes of clause
(i).
‘‘(v) No investigation described in clause (i) (or hearing
described in clause (vii)) may be conducted with respect to information about a failure to meet a condition described in clause (i),
unless the Secretary receives the information not later than 12
months after the date of the alleged failure.
‘‘(vi) The Secretary shall provide notice to an employer with
respect to whom the Secretary has received information described
in clause (i), prior to the commencement of an investigation under
such clause, of the receipt of the information and of the potential
for an investigation. The notice shall be provided in such a manner,
and shall contain sufficient detail, to permit the employer to respond
to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary
determines that to do so would interfere with an effort by the
Secretary to secure compliance by the employer with the requirements of this subsection. There shall be no judicial review of a
determination by the Secretary under this clause.
‘‘(vii) If the Secretary determines under this subparagraph that
a reasonable basis exists to make a finding that a failure described
in clause (i) has occurred, the Secretary shall provide for notice
of such determination to the interested parties and an opportunity
for a hearing, in accordance with section 556 of title 5, United
States Code, within 60 days after the date of the determination.
If such a hearing is requested, the Secretary shall make a finding
concerning the matter by not later than 60 days after the date
of the hearing.’’.
(2) SUNSET.—The amendment made by paragraph (1) shall
cease to be effective on September 30, 2001.
(f) CONSTRUCTION.—Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as
amended by subsection (e), is further amended by adding at the
end the following:
‘‘(H) Nothing in this subsection shall be construed as superseding or preempting any other enforcement-related authority under
this Act (such as the authorities under section 274B), or any other
Act.’’.
SEC. 414. COLLECTION AND USE OF H–1B NONIMMIGRANT FEES FOR
SCHOLARSHIPS FOR LOW-INCOME MATH, ENGINEERING,
AND COMPUTER SCIENCE STUDENTS AND JOB TRAINING
OF UNITED STATES WORKERS.

(a) IMPOSITION OF FEE.—Section 214(c) (8 U.S.C. 1184(c)) is
amended by adding at the end the following:
‘‘(9)(A) The Attorney General shall impose a fee on an employer
(excluding an employer described in subparagraph (A) or (B) of
section 212(p)(1)) filing (on or after December 1, 1998, and before
October 1, 2001) a petition under paragraph (1)—
‘‘(i) initially to grant an alien nonimmigrant status
described in section 101(a)(15)(H)(i)(b);

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–652

‘‘(ii) to extend the stay of an alien having such status
(unless the employer previously has obtained an extension for
such alien); or
‘‘(iii) to obtain authorization for an alien having such status
to change employers.
‘‘(B) The amount of the fee shall be $500 for each such petition.
‘‘(C) Fees collected under this paragraph shall be deposited
in the Treasury in accordance with section 286(s).’’.
(b) ESTABLISHMENT OF ACCOUNT; USE OF FEES.—Section 286
(8 U.S.C. 1356) is amended by adding at the end the following:
‘‘(s) H–1B NONIMMIGRANT PETITIONER ACCOUNT.—
‘‘(1) IN GENERAL.—There is established in the general fund
of the Treasury a separate account, which shall be known
as the ‘H–1B Nonimmigrant Petitioner Account’. Notwithstanding any other section of this title, there shall be deposited
as offsetting receipts into the account all fees collected under
section 214(c)(9).
‘‘(2) USE OF FEES FOR JOB TRAINING.—56.3 percent of
amounts deposited into the H–1B Nonimmigrant Petitioner
Account shall remain available to the Secretary of Labor until
expended for demonstration programs and projects described
in section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998.
‘‘(3) USE OF FEES FOR LOW-INCOME SCHOLARSHIP PROGRAM.—28.2 percent of the amounts deposited into the H–
1B Nonimmigrant Petitioner Account shall remain available
to the Director of the National Science Foundation until
expended for scholarships described in section 414(d) of the
American Competitiveness and Workforce Improvement Act of
1998 for low-income students enrolled in a program of study
leading to a degree in mathematics, engineering, or computer
science.
‘‘(4) ADDITIONAL NSF USES.—
‘‘(A) GRANTS FOR MATHEMATICS, ENGINEERING, OR
SCIENCE ENRICHMENT COURSES.—4 percent of the amounts
deposited into the H–1B Nonimmigrant Petitioner Account
shall remain available to the Director of the National
Science Foundation until expended to make merit-reviewed
grants, under section 3(a)(1) of the National Science
Foundation Act of 1950 (42 U.S.C. 1862(a)(1)), for programs
that provide opportunities for enrollment in year-round
academic enrichment courses in mathematics, engineering,
or science.
‘‘(B) SYSTEMIC REFORM ACTIVITIES.—4 percent of the
amounts deposited into the H–1B Nonimmigrant Petitioner
Account shall remain available to the Director of the
National Science Foundation until expended to carry out
systemic reform activities administered by the National
Science Foundation under section 3(a)(1) of the National
Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).
‘‘(5) USE OF FEES FOR DUTIES RELATING TO PETITIONS.—
1.5 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the
Attorney General until expended to carry out duties under
paragraphs (1) and (9) of section 214(c) related to petitions
made for nonimmigrants described in section 101(a)(15)(H)(i)(b),
to decrease the processing time for such petitions, and to carry

112 STAT. 2681–653

29 USC 2916
note.

42 USC 1869c.

PUBLIC LAW 105–277—OCT. 21, 1998

out duties under section 416 of the American Competitiveness
and Workforce Improvement Act of 1998. Such amounts shall
be available in addition to any other fees authorized to be
collected by the Attorney General with respect to such petitions.
‘‘(6) USE OF FEES FOR APPLICATION PROCESSING AND
ENFORCEMENT.—For fiscal year 1999, 6 percent of the amounts
deposited into the H–1B Nonimmigrant Petitioner Account shall
remain available to the Secretary of Labor until expended for
decreasing the processing time for applications under section
212(n)(1) and for carrying out section 212(n)(2). Beginning with
fiscal year 2000, 3 percent of the amounts deposited into the
H–1B Nonimmigrant Petitioner Account shall remain available
to the Secretary of Labor until expended for decreasing the
processing time for applications under section 212(n)(1), and
3 percent of such amounts shall remain available to such Secretary until expended for carrying out section 212(n)(2). Notwithstanding the preceding sentence, both of the amounts made
available for any fiscal year (beginning with fiscal year 2000)
pursuant to the preceding sentence shall be available to such
Secretary, and shall remain available until expended, only for
decreasing the processing time for applications under section
212(n)(1) until the Secretary submits to the Congress a report
containing a certification that, during the most recently concluded calendar year, the Secretary substantially complied with
the requirement in section 212(n)(1) relating to the provision
of the certification described in section 101(a)(15)(H)(i)(b) within
a 7-day period.’’.
(c) DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE
TECHNICAL SKILLS TRAINING FOR WORKERS.—
(1) IN GENERAL.—In establishing demonstration programs
under section 452(c) of the Job Training Partnership Act (29
U.S.C. 1732(c)), as in effect on the date of the enactment
of this Act, or demonstration programs or projects under section
171(b) of the Workforce Investment Act of 1998, the Secretary
of Labor shall use funds available under section 286(s)(2) to
establish demonstration programs or projects to provide technical skills training for workers, including both employed and
unemployed workers.
(2) GRANTS.—The Secretary of Labor shall award grants
to carry out the programs and projects described in paragraph
(1) to—
(A)(i) private industry councils established under section 102 of the Job Training Partnership Act (29 U.S.C.
1512), as in effect on the date of the enactment of this
Act; or
(ii) local boards that will carry out such programs
or projects through one-stop delivery systems established
under section 121 of the Workforce Investment Act of 1998;
or
(B) regional consortia of councils or local boards
described in subparagraph (A).
(d) LOW-INCOME SCHOLARSHIP PROGRAM.—
(1) ESTABLISHMENT.—The Director of the National Science
Foundation (referred to in this subsection as the ‘‘Director’’)
shall award scholarships to low-income individuals to enable
such individuals to pursue associate, undergraduate, or

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–654

graduate level degrees in mathematics, engineering, or computer science.
(2) ELIGIBILITY.—
(A) IN GENERAL.—To be eligible to receive a scholarship
under this subsection, an individual—
(i) must be a citizen of the United States, a
national of the United States (as defined in section
101(a) of the Immigration and Nationality Act), an
alien admitted as a refugee under section 207 of the
Immigration and Nationality, or an alien lawfully
admitted to the United States for permanent residence;
(ii) shall prepare and submit to the Director an
application at such time, in such manner, and containing such information as the Director may require; and
(iii) shall certify to the Director that the individual
intends to use amounts received under the scholarship
to enroll or continue enrollment at an institution of
higher education (as defined in section 101(a) of the
Higher Education Act of 1965) in order to pursue an
associate, undergraduate, or graduate level degree in
mathematics, engineering, or computer science.
(B) ABILITY.—Awards of scholarships under this subsection shall be made by the Director solely on the basis
of the ability of the applicant, except that in any case
in which 2 or more applicants for scholarships are deemed
by the Director to be possessed of substantially equal ability, and there are not sufficient scholarships available to
grant one to each of such applicants, the available scholarship or scholarships shall be awarded to the applicants
in a manner that will tend to result in a geographically
wide distribution throughout the United States of recipients’ places of permanent residence.
(3) LIMITATION.—The amount of a scholarship awarded
under this subsection shall be determined by the Director,
except that the Director shall not award a scholarship in an
amount exceeding $2,500 per year.
(4) FUNDING.—The Director shall carry out this subsection
only with funds made available under section 286(s)(3) of the
Immigration and Nationality Act.
SEC. 415. COMPUTATION OF PREVAILING WAGE LEVEL.

(a) IN GENERAL.—Section 212 (8 U.S.C. 1182) is amended by
adding at the end the following:
‘‘(p)(1) In computing the prevailing wage level for an occupational classification in an area of employment for purposes of subsections (n)(1)(A)(i)(II) and (a)(5)(A) in the case of an employee
of—
‘‘(A) an institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965), or a related or
affiliated nonprofit entity; or
‘‘(B) a nonprofit research organization or a Governmental
research organization,
the prevailing wage level shall only take into account employees
at such institutions and organizations in the area of employment.
‘‘(2) With respect to a professional athlete (as defined in subsection (a)(5)(A)(iii)(II)) when the job opportunity is covered by
professional sports league rules or regulations, the wage set forth

112 STAT. 2681–655

8 USC 1182 note.

8 USC 1184 note.

PUBLIC LAW 105–277—OCT. 21, 1998

in those rules or regulations shall be considered as not adversely
affecting the wages of United States workers similarly employed
and be considered the prevailing wage.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
applies to prevailing wage computations made—
(1) for applications filed on or after the date of the enactment of this Act; and
(2) for applications filed before such date, but only to the
extent that the computation is subject to an administrative
or judicial determination that is not final as of such date.
SEC. 416. IMPROVING COUNT OF H–1B AND H–2B NONIMMIGRANTS.

(a) ENSURING ACCURATE COUNT.—The Attorney General shall
take such steps as are necessary to maintain an accurate count
of the number of aliens subject to the numerical limitations of
section 214(g)(1) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)) who are issued visas or otherwise provided nonimmigrant status.
(b) REVISION OF PETITION FORMS.—The Attorney General shall
take such steps as are necessary to revise the forms used for
petitions for visas or nonimmigrant status under clause (i)(b) or
(ii)(b) of section 101(a)(15)(H) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)) so as to ensure that the forms provide
the Attorney General with sufficient information to permit the
Attorney General accurately to count the number of aliens subject
to the numerical limitations of section 214(g)(1) of such Act (8
U.S.C. 1184(g)(1)) who are issued visas or otherwise provided nonimmigrant status.
(c) PROVISION OF INFORMATION.—
(1) QUARTERLY NOTIFICATION.—Beginning not later than
60 days after the first day of fiscal year 1999, the Attorney
General shall notify, on a quarterly basis, the Committees
on the Judiciary of the United States House of Representatives
and the Senate of the numbers of aliens who were issued
visas or otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act during the preceding 3-month period.
(2) ANNUAL SUBMISSION.—Beginning with fiscal year 2000,
the Attorney General shall submit on an annual basis, to the
Committees on the Judiciary of the United States House of
Representatives and the Senate, information on the countries
of origin and occupations of, educational levels attained by,
and compensation paid to, aliens who were issued visas or
otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act during the previous fiscal year. With respect to the first submission
under this paragraph, the information shall relate solely to
aliens provided nonimmigrant status after the date that is
60 days after the date on which final regulations are issued
to carry out section 412(a).
(3) SPECIFICATION OF NUMBER OF PETITIONS FILED BY CERTAIN EMPLOYERS.—Each notification under paragraph (1), and
each submission under paragraph (2), shall include the number
of aliens who were issued visas or otherwise provided nonimmigrant status pursuant to petitions filed by institutions
or organizations described in section 212(p)(1) of the Immigration and Nationality Act (as added by section 415 of this title).

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–656

SEC. 417. REPORT ON OLDER WORKERS IN THE INFORMATION TECHNOLOGY FIELD.

29 USC 2701
note.

(a) STUDY.—The Director of the National Science Foundation
shall enter into a contract with the President of the National
Academy of Sciences to conduct a study, using the best available
data, assessing the status of older workers in the information
technology field. The study shall consider the following:
(1) The existence and extent of age discrimination in the
information technology workplace.
(2) The extent to which there is a difference, based on
age, in—
(A) promotion and advancement;
(B) working hours;
(C) telecommuting;
(D) salary; and
(E) stock options, bonuses, and other benefits.
(3) The relationship between rates of advancement, promotion, and compensation to experience, skill level, education,
and age.
(4) Differences in skill level on the basis of age.
(b) REPORT.—Not later than October 1, 2000, the Director of
the National Science Foundation shall submit to the Committees
on the Judiciary of the United States House of Representatives
and the Senate a report containing the results of the study described
in subsection (a).

Contracts.

SEC. 418. REPORT ON HIGH TECHNOLOGY LABOR MARKET NEEDS;
REPORTS ON ECONOMIC IMPACT OF INCREASE IN H–1B
NONIMMIGRANTS.

29 USC 2701
note.

(a) NATIONAL SCIENCE FOUNDATION STUDY AND REPORT.—
(1) IN GENERAL.—The Director of the National Science
Foundation shall conduct a study to assess labor market needs
for workers with high technology skills during the next 10
years. The study shall investigate and analyze the following:
(A) Future training and education needs of companies
in the high technology and information technology sectors
and future training and education needs of United States
students to ensure that students’ skills at various levels
are matched to the needs in such sectors.
(B) An analysis of progress made by educators, employers, and government entities to improve the teaching and
educational level of American students in the fields of
math, science, computer science, and engineering since
1998.
(C) An analysis of the number of United States workers
currently or projected to work overseas in professional,
technical, and managerial capacities.
(D) The relative achievement rates of United States
and foreign students in secondary schools in a variety
of subjects, including math, science, computer science,
English, and history.
(E) The relative performance, by subject area, of United
States and foreign students in postsecondary and graduate
schools as compared to secondary schools.
(F) The needs of the high technology sector for foreign
workers with specific skills and the potential benefits and
costs to United States employers, workers, consumers,

112 STAT. 2681–657

8 USC 1184 note.

PUBLIC LAW 105–277—OCT. 21, 1998

postsecondary educational institutions, and the United
States economy, from the entry of skilled foreign professionals in the fields of science and engineering.
(G) The needs of the high technology sector to adapt
products and services for export to particular local markets
in foreign countries.
(H) An examination of the amount and trend of moving
the production or performance of products and services
now occurring in the United States abroad.
(2) REPORT.—Not later than October 1, 2000, the Director
of the National Science Foundation shall submit to the Committees on the Judiciary of the United States House of Representatives and the Senate a report containing the results of the
study described in paragraph (1).
(3) INVOLVEMENT.—The study under paragraph (1) shall
be conducted in a manner that ensures the participation of
individuals representing a variety of points of view.
(b) REPORTING ON STUDIES SHOWING ECONOMIC IMPACT OF
H–1B NONIMMIGRANT INCREASE.—The Chairman of the Board of
Governors of the Federal Reserve System, the Director of the Office
of Management and Budget, the Chair of the Council of Economic
Advisers, the Secretary of the Treasury, the Secretary of Commerce,
the Secretary of Labor, and any other member of the Cabinet,
shall promptly report to the Congress the results of any reliable
study that suggests, based on legitimate economic analysis, that
the increase effected by section 411(a) of this title in the number
of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act has had an impact on any national economic indicator, such as the level of inflation or unemployment,
that warrants action by the Congress.
SUBTITLE B—SPECIAL IMMIGRANT STATUS
CIVILIAN EMPLOYEES

FOR

CERTAIN NATO

SEC. 421. SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO CIVILIAN
EMPLOYEES.

(a) IN GENERAL.—Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is
amended—
(1) by striking ‘‘or’’ at the end of subparagraph (J);
(2) by striking the period at the end of subparagraph (K)
and inserting ‘‘; or’’; and
(3) by adding at the end the following new subparagraph:
‘‘(L) an immigrant who would be described in clause (i),
(ii), (iii), or (iv) of subparagraph (I) if any reference in such
a clause—
‘‘(i) to an international organization described in paragraph (15)(G)(i) were treated as a reference to the North
Atlantic Treaty Organization (NATO);
‘‘(ii) to a nonimmigrant under paragraph (15)(G)(iv)
were treated as a reference to a nonimmigrant classifiable
under NATO–6 (as a member of a civilian component
accompanying a force entering in accordance with the provisions of the NATO Status-of-Forces Agreement, a member
of a civilian component attached to or employed by an
Allied Headquarters under the ‘Protocol on the Status of

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–658

International Military Headquarters’ set up pursuant to
the North Atlantic Treaty, or as a dependent); and
‘‘(iii) to the Immigration Technical Corrections Act of
1988 or to the Immigration and Nationality Technical
Corrections Act of 1994 were a reference to the American
Competitiveness and Workforce Improvement Act of 1998.’’.
(b) CONFORMING NONIMMIGRANT STATUS FOR CERTAIN PARENTS
OF SPECIAL IMMIGRANT CHILDREN.—Section 101(a)(15)(N) (8 U.S.C.
1101(a)(15)(N)) is amended—
(1) by inserting ‘‘(or under analogous authority under paragraph (27)(L))’’ after ‘‘(27)(I)(i)’’; and
(2) by inserting ‘‘(or under analogous authority under paragraph (27)(L))’’ after ‘‘(27)(I)’’.
SUBTITLE C—MISCELLANEOUS PROVISION
SEC. 431. ACADEMIC HONORARIA.

(a) IN GENERAL.—Section 212 (8 U.S.C. 1182), as amended
by section 415, is further amended by adding at the end the following:
‘‘(q) Any alien admitted under section 101(a)(15)(B) may accept
an honorarium payment and associated incidental expenses for
a usual academic activity or activities (lasting not longer than
9 days at any single institution), as defined by the Attorney General
in consultation with the Secretary of Education, if such payment
is offered by an institution or organization described in subsection
(p)(1) and is made for services conducted for the benefit of that
institution or entity and if the alien has not accepted such payment
or expenses from more than 5 institutions or organizations in the
previous 6-month period.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to activities occurring on or after the date of the enactment of this Act.
TITLE V—SALTON SEA FEASIBILITY STUDY
(a) IN GENERAL.—No later than January 1, 2000, the Secretary
of the Interior, in accordance with this section, shall complete
all feasibility studies and cost analyses for the options set forth
in subsection (b)(2)(A) necessary for Congress to fully evaluate
such options.
(b) FEASIBILITY STUDY.—
(1) IN GENERAL.—
(A) The Secretary shall complete all studies, including,
but not limited to environmental and other reviews, of
the feasibility and benefit-cost of various options that permit the continued use of the Salton Sea as a reservoir
for irrigation drainage and (1) reduce and stabilize the
overall salinity of the Salton Sea, (2) stabilize the surface
elevation of the Salton Sea, (3) reclaim, in the long term,
healthy fish and wildlife resources and their habitats, and
(4) enhance the potential for recreational uses and economic
development of the Salton Sea.
(B) Based solely on whatever information is available
at the time of submission of the report, the Secretary
shall (1) identify any options he deems economically feasible and cost effective, (2) identify any additional

8 USC 1182 note.

112 STAT. 2681–659

PUBLIC LAW 105–277—OCT. 21, 1998

information necessary to develop construction specifications, and (3) submit any recommendations, along with
the results of the study to the Committees no later than
January 1, 2000.
(i) The Secretary shall carry out the feasibility
study in accordance with a memorandum of understanding entered into by the Secretary, the Salton
Sea Authority, and the Governor of California.
(ii) The memorandum of understanding shall, at
a minimum, establish criteria for evaluation and selection of options under subparagraph (2)(A), including
criteria for determining benefits and the magnitude
and practicability of costs of construction, operation,
and maintenance of each option evaluated.
(2) OPTIONS TO BE CONSIDERED.—Options considered in
the feasibility study—
(A) shall consist of, but need not be limited to—
(i) use of impoundments to segregate a portion
of the waters of the Salton Sea in one or more evaporation ponds located in the Salton Sea basin;
(ii) pumping water out of the Salton Sea;
(iii) augmented flows of water into the Salton Sea;
(iv) a combination of the options referred to in
clauses (i), (ii), and (iii); and
(v) any other economically feasible remediation
option the Secretary considers appropriate and for
which feasibility analyses and cost estimates can be
completed by January 1, 2000;
(B) shall be limited to proven technologies; and
(C) shall not include any option that—
(i) relies on the importation of any new or additional water from the Colorado River; or
(ii) is inconsistent with the provisions of subsection
(c).
(3) ASSUMPTIONS.—In evaluating options, the Secretary
shall apply assumptions regarding water inflows into the Salton
Sea Basin that encourage water conservation, account for transfers of water out of the Salton Sea Basin, and are based
on a maximum likely reduction in inflows into the Salton
Sea Basin which could be 800,000 acre-feet or less per year.
(4) CONSIDERATION OF COSTS.—In evaluating the feasibility
of options, the Secretary shall consider the ability of Federal,
tribal, State and local government sources and private sources
to fund capital construction costs and annual operation, maintenance, energy, and replacement costs and shall set forth the
basis for any cost sharing allocations as well as anticipated
repayment, if any, of federal contributions.
(c) RELATIONSHIP TO OTHER LAW.—
(1) RECLAMATION LAWS.—Activities authorized by this title
shall not be subject to the Act of June 17, 1902 (32 Stat.
388; 43 U.S.C. 391 et seq.), and Acts amendatory thereof and
supplemental thereto. Amounts expended for those activities
shall be considered nonreimbursable for purposes of those laws
and shall not be considered to be a supplemental or additional
benefit for purposes of the Reclamation Reform Act of 1982
(96 Stat. 1263; 43 U.S.C. 390aa et seq.).

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–660

(2) PRESERVATION OF RIGHTS AND OBLIGATIONS WITH
RESPECT TO THE COLORADO RIVER.—This Act shall not be considered to supersede or otherwise affect any treaty, law, decree,
contract, or agreement governing use of water from the Colorado River. All activities taken under this Act must be carried
out in a manner consistent with rights and obligations of persons under those treaties, laws, decrees, contracts, and agreements.
TITLE VI—CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE
SIOUX TRIBE, AND STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION
SEC. 601. DEFINITIONS.

In this title, the following definitions apply:
(1) RESTORATION.—The term ‘‘restoration’’ means mitigation of the habitat of wildlife.
(2) TERRESTRIAL WILDLIFE HABITAT.—The term ‘‘terrestrial
wildlife habitat’’ means a habitat for a wildlife species (including game and nongame species) that existed or exists on an
upland habitat (including a prairie grassland, woodland, bottom
land forest, scrub, or shrub) or an emergent wetland habitat.
(3) WILDLIFE.—The term ‘‘wildlife’’ has the meaning given
the term in section 8 of the Fish and Wildlife Coordination
Act (16 U.S.C. 666b).
SEC. 602. TERRESTRIAL WILDLIFE HABITAT RESTORATION.

(a) TERRESTRIAL WILDLIFE HABITAT RESTORATION PLANS.—
(1) IN GENERAL.—In accordance with this subsection and
in consultation with the Secretary and the Secretary of the
Interior, the State of South Dakota, the Cheyenne River Sioux
Tribe, and the Lower Brule Sioux Tribe shall, as a condition
of the receipt of funds under this title, each develop a plan
for the restoration of terrestrial wildlife habitat loss that
occurred as a result of flooding related to the Big Bend and
Oahe projects carried out as part of the Pick-Sloan Missouri
River Basin program.
(2) SUBMISSION OF PLAN TO SECRETARY.—On completion
of a plan for terrestrial wildlife habitat restoration, the State
of South Dakota, the Cheyenne River Sioux Tribe, and the
Lower Brule Sioux Tribe shall submit the plan to the Secretary.
(3) REVIEW BY SECRETARY AND SUBMISSION TO COMMITTEES.—The Secretary shall review the plan and submit the
plan, with any comments, to the appropriate committees of
the Senate and the House of Representatives.
(4) FUNDING FOR CARRYING OUT PLANS.—
(A) STATE OF SOUTH DAKOTA.—
(i) NOTIFICATION.—On receipt of the plan for
terrestrial wildlife habitat restoration submitted by the
State of South Dakota, each of the Committees referred
to in paragraph (3) shall notify the Secretary of the
Treasury of the receipt of the plan.
(ii) AVAILABILITY OF FUNDS.—On notification in
accordance with clause (i), the Secretary of the Treasury shall make available to the State of South Dakota
funds from the South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund established under section

112 STAT. 2681–661

PUBLIC LAW 105–277—OCT. 21, 1998

803, to be used to carry out the plan for terrestrial
wildlife habitat restoration submitted by the State and
only after the Trust Fund is fully capitalized.
(B) CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE
SIOUX TRIBE.—
(i) NOTIFICATION.—On receipt of the plan for
terrestrial wildlife habitat restoration submitted by the
Cheyenne River Sioux Tribe and the Lower Brule Sioux
Tribe, each of the Committees referred to in paragraph
(3) shall notify the Secretary of the Treasury of the
receipt of each of the plans.
(ii) AVAILABILITY OF FUNDS.—On notification in
accordance with clause (i), the Secretary of the Treasury shall make available to the Cheyenne River Sioux
Tribe and the Lower Brule Sioux Tribe funds from
the Cheyenne River Sioux Tribe Terrestrial Wildlife
Habitat Restoration Trust Fund and the Lower Brule
Sioux Tribe Terrestrial Wildlife Habitat Restoration
Trust Fund, respectively, established under section
804, to be used to carry out the plan for terrestrial
wildlife habitat restoration submitted by the Cheyenne
River Sioux Tribe and the Lower Brule Sioux Tribe,
respectively, and only after the Trust Fund is fully
capitalized.
(C) TRANSITION PERIOD.—
(i) IN GENERAL.—During the period described in
clause (ii), the Secretary shall—
(I) fund the terrestrial wildlife habitat restoration programs being carried out on the date of
enactment of this Act on Oahe and Big Bend
project land and the plans established under this
section at a level that does not exceed the highest
amount of funding that was provided for the programs during a previous fiscal year; and
(II) fund the activities described in sections
803(d)(3) and 804(d)(3).
(ii) PERIOD.—Clause (i) shall apply during the
period—
(I) beginning on the date of enactment of this
Act; and
(II) ending on the date on which funds are
made available for use from the South Dakota
Terrestrial Wildlife Habitat Restoration Trust
Fund under section 803(d)(3)(A)(i) and the Cheyenne River Sioux Tribe Terrestrial Wildlife Habitat
Restoration Trust Fund and the Lower Brule Sioux
Tribe Terrestrial Wildlife Habitat Restoration
Trust Fund under section 804(d)(3)(A)(i).
(b) PROGRAMS FOR THE PURCHASE OF WILDLIFE HABITAT
LEASES.—
(1) IN GENERAL.—The State of South Dakota may use funds
made available under section 803(d)(3)(A)(iii) to develop a program for the purchase of wildlife habitat leases that meets
the requirements of this subsection.
(2) DEVELOPMENT OF A PLAN.—
(A) IN GENERAL.—If the State of South Dakota, the
Cheyenne River Sioux Tribe, or the Lower Brule Sioux

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–662

Tribe elects to conduct a program under this subsection,
the State of South Dakota, the Cheyenne River Sioux Tribe,
or the Lower Brule Sioux Tribe (in consultation with the
United States Fish and Wildlife Service and the Secretary
and with an opportunity for public comment) shall develop
a plan to lease land for the protection and development
of wildlife habitat, including habitat for threatened and
endangered species, associated with the Missouri River
ecosystem.
(B) USE FOR PROGRAM.—The plan shall be used by
the State of South Dakota, the Cheyenne River Sioux Tribe,
or the Lower Brule Sioux Tribe in carrying out the program
carried out under paragraph (1).
(3) CONDITIONS OF LEASES.—Each lease covered under a
program carried out under paragraph (1) shall specify that
the owner of the property that is subject to the lease shall
provide—
(A) public access for sportsmen during hunting season;
and
(B) public access for other outdoor uses covered under
the lease, as negotiated by the landowner and the State
of South Dakota, the Cheyenne River Sioux Tribe, or the
Lower Brule Sioux Tribe.
(4) USE OF ASSISTANCE.—
(A) STATE OF SOUTH DAKOTA.—If the State of South
Dakota conducts a program under this subsection, the State
may use funds made available under section
803(d)(3)(A)(iii) to—
(i) acquire easements, rights-of-way, or leases for
management and protection of wildlife habitat, including habitat for threatened and endangered species,
and public access to wildlife on private property in
the State of South Dakota;
(ii) create public access to Federal or State land
through the purchase of easements or rights-of-way
that traverse such private property; or
(iii) lease land for the creation or restoration of
a wetland on such private property.
(B) CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE
SIOUX TRIBE.—If the Cheyenne River Sioux Tribe or the
Lower Brule Sioux Tribe conducts a program under this
subsection, the Tribe may use funds made available under
section 804(d)(3)(A)(iii) for the purposes described in
subparagraph (A).
(c) FEDERAL OBLIGATION FOR TERRESTRIAL WILDLIFE HABITAT
MITIGATION FOR THE BIG BEND AND OAHE PROJECTS IN SOUTH
DAKOTA.—The establishment of the trust funds under sections 803
and 804 and the development and implementation of plans for
terrestrial wildlife habitat restoration developed by the State of
South Dakota, the Cheyenne River Sioux Tribe, and the Lower
Brule Sioux Tribe in accordance with this section shall be considered
to satisfy the Federal obligation under the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.) for terrestrial wildlife
habitat mitigation for the State of South Dakota, the Cheyenne
River Sioux Tribe, and the Lower Brule Sioux Tribe for the Big
Bend and Oahe projects carried out as part of the Pick-Sloan
Missouri River Basin program.

112 STAT. 2681–663

PUBLIC LAW 105–277—OCT. 21, 1998

SEC. 603. SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST FUND.

(a) ESTABLISHMENT.—There is established in the Treasury of
the United States a fund to be known as the ‘‘South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund’’ (referred to in this
section as the ‘‘Fund’’).
(b) FUNDING.—For the fiscal year during which this Act is
enacted and each fiscal year thereafter until the aggregate amount
deposited in the Fund under this subsection is equal to at least
$108,000,000, the Secretary of the Treasury shall deposit
$10,000,000 in the Fund.
(c) INVESTMENTS.—The Secretary of the Treasury shall invest
the amounts deposited under subsection (b) only in interest-bearing
obligations of the United States or in obligations guaranteed by
the United States as to both principal and interest.
(d) PAYMENTS.—
(1) IN GENERAL.—All amounts credited as interest under
subsection (c) shall be available, without fiscal year limitation,
to the State of South Dakota for use in accordance with paragraph (3) after the Fund has been fully capitalized.
(2) WITHDRAWAL AND TRANSFER OF FUNDS.—Subject to section 802(a)(4)(A), the Secretary of the Treasury shall withdraw
amounts credited as interest under paragraph (1) and transfer
the amounts to the State of South Dakota for use as State
funds in accordance with paragraph (3) after the Fund has
been fully capitalized.
(3) USE OF TRANSFERRED FUNDS.—
(A) IN GENERAL.—Subject to subparagraph (B), the
State of South Dakota shall use the amounts transferred
under paragraph (2) only to—
(i) fully fund the annually scheduled work
described in the terrestrial wildlife habitat restoration
plan of the State developed under section 802(a); and
(ii) with any remaining funds—
(I) protect archaeological, historical, and cultural sites located along the Missouri River on
land transferred to the State;
(II) fund all costs associated with the ownership, management, operation, administration,
maintenance, and development of recreation areas
and other lands that are transferred to the State
of South Dakota by the Secretary;
(III) purchase and administer wildlife habitat
leases under section 802(b);
(IV) carry out other activities described in section 802; and
(V) develop and maintain public access to, and
protect, wildlife habitat and recreation areas along
the Missouri River.
(B) PROHIBITION.—The amounts transferred under
paragraph (2) shall not be used for the purchase of land
in fee title.
(e) TRANSFERS AND WITHDRAWALS.—Except as provided in subsection (d), the Secretary of the Treasury may not transfer or
withdraw any amount deposited under subsection (b).

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–664

(f) ADMINISTRATIVE EXPENSES.—There are authorized to be
appropriated to the Secretary of the Treasury such sums as are
necessary to pay the administrative expenses of the Fund.
SEC. 604. CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX
TRIBE TERRESTRIAL WILDLIFE HABITAT RESTORATION
TRUST FUNDS.

(a) ESTABLISHMENT.—There are established in the Treasury
of the United States 2 funds to be known as the ‘‘Cheyenne River
Sioux Tribe Terrestrial Wildlife Restoration Trust Fund’’ and the
‘‘Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration
Trust Fund’’ (each of which is referred to in this section as a
‘‘Fund’’).
(b) FUNDING.—
(1) IN GENERAL.—Subject to paragraph (2), for the fiscal
year during which this Act is enacted and each fiscal year
thereafter until the aggregate amount deposited in the Funds
under this subsection is equal to at least $57,400,000, the
Secretary of the Treasury shall deposit $5,000,000 in the Funds.
(2) ALLOCATION.—Of the total amount of funds deposited
into the Funds for a fiscal year, the Secretary of the Treasury
shall deposit—
(A) 74 percent of the funds into the Cheyenne River
Sioux Tribe Terrestrial Wildlife Restoration Trust Fund;
and
(B) 26 percent of the funds into the Lower Brule Sioux
Tribe Terrestrial Wildlife Habitat Restoration Trust Fund.
(c) INVESTMENTS.—The Secretary of the Treasury shall invest
the amounts deposited under subsection (b) only in interest-bearing
obligations of the United States or in obligations guaranteed as
to both principal and interest by the United States.
(d) PAYMENTS.—
(1) IN GENERAL.—All amounts credited as interest under
subsection (c) shall be available after the Trust Funds are
fully capitalized, without fiscal year limitation, to the Cheyenne
River Sioux Tribe and the Lower Brule Sioux Tribe for their
use in accordance with paragraph (3).
(2) WITHDRAWAL AND TRANSFER OF FUNDS.—Subject to section 802(a)(4)(B), the Secretary of the Treasury shall withdraw
amounts credited as interest under paragraph (1) and transfer
the amounts to the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe for use in accordance with paragraph (3).
(3) USE OF TRANSFERRED FUNDS.—
(A) IN GENERAL.—Subject to subparagraph (B), the
Cheyenne River Sioux Tribe and the Lower Brule Sioux
Tribe shall use the amounts transferred under paragraph
(2) only to—
(i) fully fund the annually scheduled work
described in the terrestrial wildlife habitat restoration
plan of the respective Tribe developed under section
802(a); and
(ii) with any remaining funds—
(I) protect archaeological, historical, and cultural sites located along the Missouri River on
land transferred to the respective Tribe;
(II) fund all costs associated with the ownership, management, operation, administration,

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PUBLIC LAW 105–277—OCT. 21, 1998

maintenance, and development of recreation areas
and other lands that are transferred to the respective Tribe by the Secretary;
(III) purchase and administer wildlife habitat
leases under section 802(b);
(IV) carry out other activities described in section 802; and
(V) develop and maintain public access to, and
protect, wildlife habitat and recreation areas along
the Missouri River.
(B) PROHIBITION.—The amounts transferred under
paragraph (2) shall not be used for the purchase of land
in fee title.
(e) TRANSFERS AND WITHDRAWALS.—Except as provided in subsection (d), the Secretary of the Treasury may not transfer or
withdraw any amount deposited under subsection (b).
(f) ADMINISTRATIVE EXPENSES.—There are authorized to be
appropriated to the Secretary of the Treasury such sums as are
necessary to pay the administrative expenses of the Fund.
SEC. 605. TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA.

(a) IN GENERAL.—
(1) TRANSFER.—
(A) IN GENERAL.—The Secretary shall transfer to the
Department of Game, Fish and Parks of the State of South
Dakota (referred to in this section as the ‘‘Department’’)
the land and recreation areas described in subsections (b)
and (c) for fish and wildlife purposes, or public recreation
uses, in perpetuity.
(B) PERMITS, RIGHTS-OF-WAY, AND EASEMENTS.—All
permits, rights-of-way, and easements granted by the Secretary to the Oglala Sioux Tribe for land on the west
side of the Missouri River between the Oahe Dam and
Highway 14, and all permits, rights-of-way, and easements
on any other land administered by the Secretary and used
by the Oglala Sioux Rural Water Supply System, are
granted to the Oglala Sioux Tribe in perpetuity to be held
in trust under section 3(e) of the Mni Wiconi Project Act
of 1988 (102 Stat. 2568).
(2) USES.—The Department shall maintain and develop
the land outside the recreation areas for fish and wildlife purposes in accordance with—
(A) fish and wildlife purposes in effect on the date
of enactment of this Act; or
(B) a plan developed under section 802.
(3) CORPS OF ENGINEERS.—The transfer shall not interfere
with the Corps of Engineers operation of a project under this
section for an authorized purpose of the project under the
Act of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C.
701–1 et seq.), or other applicable law.
(4) SECRETARY.—The Secretary shall retain the right to
inundate with water the land transferred to the Department
under this section or draw down a project reservoir, as necessary to carry out an authorized purpose of a project.
(b) LAND TRANSFERRED.—The land described in this subsection
is land that—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–666

(1) is located above the top of the exclusive flood pool
of the Oahe, Big Bend, Fort Randall, and Gavin’s Point projects
of the Pick-Sloan Missouri River Basin program;
(2) was acquired by the Secretary for the implementation
of the Pick-Sloan Missouri River Basin program;
(3) is located outside the external boundaries of a reservation of an Indian Tribe; and
(4) is located within the State of South Dakota.
(c) RECREATION AREAS TRANSFERRED.—A recreation area
described in this section includes the land and waters within a
recreation area that—
(1) the Secretary determines, at the time of the transfer,
is a recreation area classified for recreation use by the Corps
of Engineers on the date of enactment of this Act;
(2) is located outside the external boundaries of a reservation of an Indian Tribe;
(3) is located within the State of South Dakota;
(4) is not the recreation area known as ‘‘Cottonwood’’,
‘‘Training Dike’’, or ‘‘Tailwaters’’; and
(5) is located below Gavin’s Point Dam in the State of
South Dakota in accordance with boundary agreements and
reciprocal fishing agreements between the State of South
Dakota and the State of Nebraska in effect on the date of
enactment of this Act, which agreements shall continue to
be honored by the State of South Dakota as the agreements
apply to any land or recreation areas transferred under this
title to the State of South Dakota below Gavin’s Point Dam
and on the waters of the Missouri River.
(d) MAP.—
(1) IN GENERAL.—The Secretary, in consultation with the
Department, shall prepare a map of the land and recreation
areas transferred under this section.
(2) LAND.—The map shall identify—
(A) land reasonably expected to be required for project
purposes during the 20-year period beginning on the date
of enactment of this Act; and
(B) dams and related structures;
which shall be retained by the Secretary.
(3) AVAILABILITY.—The map shall be on file in the appropriate offices of the Secretary.
(e) SCHEDULE FOR TRANSFER.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary of the Army and the
Secretary of the Department shall jointly develop a schedule
for transferring the land and recreation areas under this section.
(2) TRANSFER DEADLINE.—All land and recreation areas
shall be transferred not later than 1 year after the full capitalization of the Trust Fund described in section 803.
(f) TRANSFER CONDITIONS.—The land and recreation areas
described in subsections (b) and (c) shall be transferred in fee
title to the Department on the following conditions:
(1) RESPONSIBILITY FOR DAMAGE.—The Secretary shall not
be responsible for any damage to the land caused by flooding,
sloughing, erosion, or other changes to the land caused by
the operation of any project of the Pick-Sloan Missouri River
Basin program (except as otherwise provided by Federal law).

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PUBLIC LAW 105–277—OCT. 21, 1998

(2) EASEMENTS, RIGHTS-OF-WAY, LEASES, AND COST-SHARING
AGREEMENTS.—The Department shall maintain all easements,
rights-of-way, leases, and cost-sharing agreements that are in
effect as of the date of the transfer.
(g) HUNTING AND FISHING.—
(1) IN GENERAL.—Nothing in this title affects jurisdiction
over the land and water below the exclusive flood pool of
the Missouri River within the State of South Dakota, including
affected Indian reservations. The State of South Dakota, the
Lower Brule Sioux Tribe, and the Cheyenne River Sioux Tribe
shall continue in perpetuity to exercise the jurisdiction the
State and Tribes possess on the date of enactment of this
Act.
(2) NO EFFECT ON RESPECTIVE JURISDICTIONS.—The Secretary may not adopt any regulation or otherwise affect the
respective jurisdictions of the State of South Dakota, the Lower
Brule River Sioux Tribe, or the Cheyenne River Sioux Tribe
described in paragraph (1).
(h) APPLICABILITY OF LAW.—Notwithstanding any other provision of this Act, the following provisions of law shall apply to
land transferred under this section:
(1) The National Historic Preservation Act (16 U.S.C. 470
et seq.), including sections 106 and 304 of that Act (16 U.S.C.
470f, 470w–3).
(2) The Archaeological Resources Protection Act of 1979
(16 U.S.C. 470aa et seq.), including sections 4, 6, 7, and 9
of that Act (16 U.S.C. 470cc, 470ee, 470ff, 470hh).
(3) The Native American Graves Protection Act and Repatriation Act (25 U.S.C. 3001 et seq.), including subsections
(a) and (d) of section 3 of that Act (25 U.S.C. 3003).
SEC. 606. TRANSFER OF CORPS OF ENGINEERS LAND FOR INDIAN
TRIBES.

(a) IN GENERAL.—
(1) TRANSFER.—The Secretary of the Army shall transfer
to the Secretary of the Interior the land and recreation areas
described in subsections (b) and (c).
(2) CORPS OF ENGINEERS.—The transfer shall not interfere
with the Corps of Engineers operation of a project under this
section for an authorized purpose of the project under the
Act of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C.
701–1 et seq.), or other applicable law.
(3) SECRETARY OF THE ARMY.—The Secretary of the Army
shall retain the right to inundate with water the land transferred to the Secretary of the Interior under this section or
draw down a project reservoir, as necessary to carry out an
authorized purpose of a project.
(4) TRUST.—The Secretary of the Interior shall hold in
trust for the Cheyenne River Sioux Tribe and the Lower Brule
Sioux Tribe the land transferred under this section that is
located within the external boundaries of the reservation of
the Indian Tribes.
(b) LAND TRANSFERRED.—The land described in this subsection
is land that—
(1) is located above the top of the exclusive flood pool
of the Big Bend and Oahe projects of the Pick-Sloan Missouri
River Basin program;

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–668

(2) was acquired by the Secretary of the Army for the
implementation of the Pick-Sloan Missouri River Basin program; and
(3) is located within the external boundaries of the reservation of the Cheyenne River Sioux Tribe and the Lower Brule
Sioux Tribe.
(c) RECREATION AREAS TRANSFERRED.—A recreation area
described in this section includes the land and waters within a
recreation area that—
(1) the Secretary determines, at the time of the transfer,
is a recreation area classified for recreation use by the Corps
of Engineers on the date of enactment of this Act;
(2) is located within the external boundaries of a reservation of an Indian Tribe; and
(3) is located within the State of South Dakota.
(d) MAP.—
(1) IN GENERAL.—The Secretary, in consultation with the
governing bodies of the Cheyenne River Sioux Tribe and the
Lower Brule Sioux Tribe, shall prepare a map of the land
transferred under this section.
(2) LAND.—The map shall identify—
(A) land reasonably expected to be required for project
purposes during the 20-year period beginning on the date
of enactment of this Act; and
(B) dams and related structures;
which shall be retained by the Secretary.
(3) AVAILABILITY.—The map shall be on file in the appropriate offices of the Secretary.
(e) SCHEDULE FOR TRANSFER.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary and the Chairmen
of the Cheyenne River Sioux Tribe and the Lower Brule Sioux
Tribe shall jointly develop a schedule for transferring the land
and recreation areas under this section.
(2) TRANSFER DEADLINE.—All land and recreation areas
shall be transferred not later than 1 year after the full capitalization of the State and tribal Trust Fund described in section
804.
(f) TRANSFER CONDITIONS.—The land and recreation areas
described in subsections (b) and (c) shall be transferred to, and
held in trust by, the Secretary of the Interior on the following
conditions:
(1) RESPONSIBILITY FOR DAMAGE.—The Secretary shall not
be responsible for any damage to the land caused by flooding,
sloughing, erosion, or other changes to the land caused by
the operation of any project of the Pick-Sloan Missouri River
Basin program (except as otherwise provided by Federal law).
(2) HUNTING AND FISHING.—Nothing in this title affects
jurisdiction over the land and waters below the exclusive flood
pool and within the external boundaries of the Cheyenne River
Sioux Tribe and Lower Brule Sioux Tribe reservations. The
State of South Dakota, the Lower Brule Sioux Tribe, and the
Cheyenne River Sioux Tribe shall continue to exercise, in
perpetuity, the jurisdiction they possess on the date of enactment of this Act with regard to those lands and waters. The
Secretary may not adopt any regulation or otherwise affect
the respective jurisdictions of the State of South Dakota, the

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Lower Brule River Sioux Tribe, or the Cheyenne River Sioux
Tribe described in the preceding sentence. Jurisdiction over
the land transferred under this section shall be the same as
that over other land held in trust by the Secretary of the
Interior on the Cheyenne River Sioux Tribe reservation and
the Lower Brule Sioux Tribe reservation.
(3) EASEMENTS, RIGHTS-OF-WAY, LEASES, AND COST-SHARING
AGREEMENTS.—
(A) MAINTENANCE.—The Secretary of the Interior shall
maintain all easements, rights-of-way, leases, and costsharing agreements that are in effect as of the date of
the transfer.
(B) PAYMENTS TO COUNTY.—The Secretary of the
Interior shall pay any affected county 100 percent of the
receipts from the easements, rights-of-way, leases, and costsharing agreements described in subparagraph (A).
SEC. 607. ADMINISTRATION.

(a) IN GENERAL.—Nothing in this title diminishes or affects—
(1) any water right of an Indian Tribe;
(2) any other right of an Indian Tribe, except as specifically
provided in another provision of this title;
(3) any treaty right that is in effect on the date of enactment of this Act;
(4) any external boundary of an Indian reservation of an
Indian Tribe;
(5) any authority of the State of South Dakota that relates
to the protection, regulation, or management of fish, terrestrial
wildlife, and cultural and archaeological resources, except as
specifically provided in this title; or
(6) any authority of the Secretary, the Secretary of the
Interior, or the head of any other Federal agency under a
law in effect on the date of enactment of this Act, including—
(A) the National Historic Preservation Act (16 U.S.C.
470 et seq.);
(B) the Archaeological Resources Protection Act of 1979
(16 U.S.C. 470aa et seq.);
(C) the Fish and Wildlife Coordination Act (16 U.S.C.
661 et seq.);
(D) the Act entitled ‘‘An Act for the protection of the
bald eagle’’, approved June 8, 1940 (16 U.S.C. 668 et seq.);
(E) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
(F) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(G) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);
(H) the Federal Water Pollution Control Act (commonly
known as the ‘‘Clean Water Act’’) (33 U.S.C. 1251 et seq.);
(I) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.); and
(J) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(b) FEDERAL LIABILITY FOR DAMAGE.—Nothing in this title
relieves the Federal Government of liability for damage to private
land caused by the operation of the Pick-Sloan Missouri River
Basin program.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–670

(c) FLOOD CONTROL.—Notwithstanding any other provision of
this title, the Secretary shall retain the authority to operate the
Pick-Sloan Missouri River Basin program for purposes of meeting
the requirements of the Act of December 22, 1944 (58 Stat. 887,
chapter 665; 33 U.S.C. 701–1 et seq.).
SEC. 608. STUDY.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall arrange for the United States
Geological Survey, in consultation with the Bureau of Indian Affairs
and other appropriate Federal agencies, to conduct a comprehensive
study of the potential impacts of the transfer of land under sections
805(b) and 806(b), including potential impacts on South Dakota
Sioux Tribes having water claims within the Missouri River Basin,
on water flows in the Missouri River.
(b) NO TRANSFER PENDING DETERMINATION.—No transfer of
land under section 805(b) or 806(b) shall occur until the Secretary
determines, based on the study, that the transfer of land under
either section will not significantly reduce the amount of water
flow to the downstream States of the Missouri River.
SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

(a) SECRETARY.—There are authorized to be appropriated to
the Secretary such sums as are necessary—
(1) to pay the administrative expenses incurred by the
Secretary in carrying out this title; and
(2) to fund the implementation of terrestrial wildlife habitat
restoration plans under section 802(a) and other activities
under sections 803(d)(3) and 804(d)(3).
(b) SECRETARY OF THE INTERIOR.—There are authorized to be
appropriated to the Secretary of the Interior such sums as are
necessary to pay the administrative expenses incurred by the Secretary of the Interior in carrying out this title.
TITLE VII—OFFICE OF NATIONAL DRUG CONTROL POLICY
REAUTHORIZATION

This title may be cited as the ‘‘Office of National Drug Control
Policy Reauthorization Act of 1998’’.

Office of National
Drug Control
Policy
Reauthorization
Act of 1998.
21 USC 1701
note.

SEC. 702. DEFINITIONS.

21 USC 1701.

SEC. 701. SHORT TITLE.

In this title:
(1) DEMAND REDUCTION.—The term ‘‘demand reduction’’
means any activity conducted by a National Drug Control Program agency, other than an enforcement activity, that is
intended to reduce the use of drugs, including—
(A) drug abuse education;
(B) drug abuse prevention;
(C) drug abuse treatment;
(D) drug abuse research;
(E) drug abuse rehabilitation;
(F) drug-free workplace programs; and
(G) drug testing.
(2) DIRECTOR.—The term ‘‘Director’’ means the Director
of National Drug Control Policy.

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PUBLIC LAW 105–277—OCT. 21, 1998

(3) DRUG.—The term ‘‘drug’’ has the meaning given the
term ‘‘controlled substance’’ in section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6)).
(4) DRUG CONTROL.—The term ‘‘drug control’’ means any
activity conducted by a National Drug Control Program agency
involving supply reduction or demand reduction.
(5) FUND.—The term ‘‘Fund’’ means the fund established
under section 703(d).
(6) NATIONAL DRUG CONTROL PROGRAM.—The term
‘‘National Drug Control Program’’ means programs, policies,
and activities undertaken by National Drug Control Program
agencies pursuant to the responsibilities of such agencies under
the National Drug Control Strategy.
(7) NATIONAL DRUG CONTROL PROGRAM AGENCY.—The term
‘‘National Drug Control Program agency’’ means any agency
that is responsible for implementing any aspect of the National
Drug Control Strategy, including any agency that receives Federal funds to implement any aspect of the National Drug Control Strategy, but does not include any agency that receives
funds for drug control activity solely under the National Foreign
Intelligence Program, the Joint Military Intelligence Program
or Tactical Intelligence and Related Activities, unless such
agency has been designated—
(A) by the President; or
(B) jointly by the Director and the head of the agency.
(8) NATIONAL DRUG CONTROL STRATEGY.—The term
‘‘National Drug Control Strategy’’ means the strategy developed
and submitted to Congress under section 706.
(9) OFFICE.—Unless the context clearly implicates otherwise, the term ‘‘Office’’ means the Office of National Drug
Control Policy established under section 703(a).
(10) STATE AND LOCAL AFFAIRS.—The term ‘‘State and local
affairs’’ means domestic activities conducted by a National Drug
Control Program agency that are intended to reduce the availability and use of drugs, including—
(A) coordination and facilitation of Federal, State, and
local law enforcement drug control efforts;
(B) promotion of coordination and cooperation among
the drug supply reduction and demand reduction agencies
of the various States, territories, and units of local government; and
(C) such other cooperative governmental activities
which promote a comprehensive approach to drug control
at the national, State, territory, and local levels.
(11) SUPPLY REDUCTION.—The term ‘‘supply reduction’’
means any activity of a program conducted by a National
Drug Control Program agency that is intended to reduce the
availability or use of drugs in the United States and abroad,
including—
(A) international drug control;
(B) foreign and domestic drug intelligence;
(C) interdiction; and
(D) domestic drug law enforcement, including law
enforcement directed at drug users.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–672

SEC. 703. OFFICE OF NATIONAL DRUG CONTROL POLICY.

21 USC 1702.

(a) ESTABLISHMENT OF OFFICE.—There is established in the
Executive Office of the President an Office of National Drug Control
Policy, which shall—
(1) develop national drug control policy;
(2) coordinate and oversee the implementation of that
national drug control policy;
(3) assess and certify the adequacy of national drug control
programs and the budget for those programs; and
(4) evaluate the effectiveness of the national drug control
programs.
(b) DIRECTOR AND DEPUTY DIRECTORS.—
(1) DIRECTOR.—There shall be at the head of the Office
a Director of National Drug Control Policy.
(2) DEPUTY DIRECTOR OF NATIONAL DRUG CONTROL POLICY.—There shall be in the Office a Deputy Director of National
Drug Control Policy, who shall assist the Director in carrying
out the responsibilities of the Director under this title.
(3) OTHER DEPUTY DIRECTORS.—There shall be in the
Office—
(A) a Deputy Director for Demand Reduction, who shall
be responsible for the activities described in subparagraphs
(A) through (G) of section 702(1);
(B) a Deputy Director for Supply Reduction, who shall
be responsible for the activities described in subparagraphs
(A) through (C) of section 702(11); and
(C) a Deputy Director for State and Local Affairs,
who shall be responsible for the activities described in
subparagraphs (A) through (C) of section 702(10) and
subparagraph (D) of section 702(11).
(c) ACCESS BY CONGRESS.—The location of the Office in the
Executive Office of the President shall not be construed as affecting
access by Congress, or any committee of the House of Representatives or the Senate, to any—
(1) information, document, or study in the possession of,
or conducted by or at the direction of the Director; or
(2) personnel of the Office.
(d) OFFICE OF NATIONAL DRUG CONTROL POLICY GIFT FUND.—
(1) ESTABLISHMENT.—There is established in the Treasury
of the United States a fund for the receipt of gifts, both real
and personal, for the purpose of aiding or facilitating the work
of the Office under section 704(c).
(2) CONTRIBUTIONS.—The Office may accept, hold, and
administer contributions to the Fund.
(3) USE OF AMOUNTS DEPOSITED.—Amounts deposited in
the Fund are authorized to be appropriated, to remain available
until expended for authorized purposes at the discretion of
the Director.
SEC. 704. APPOINTMENT AND DUTIES OF DIRECTOR AND DEPUTY
DIRECTORS.

(a) APPOINTMENT.—
(1) IN GENERAL.—The Director, the Deputy Director of
National Drug Control Policy, the Deputy Director for Demand
Reduction, the Deputy Director for Supply Reduction, and the
Deputy Director for State and Local Affairs, shall each be
appointed by the President, by and with the advice and consent

21 USC 1703.

112 STAT. 2681–673

PUBLIC LAW 105–277—OCT. 21, 1998

of the Senate, and shall serve at the pleasure of the President.
In appointing the Deputy Director for Demand Reduction under
this paragraph, the President shall take into consideration
the scientific, educational or professional background of the
individual, and whether the individual has experience in the
fields of substance abuse prevention, education, or treatment.
(2) DUTIES OF DEPUTY DIRECTOR OF NATIONAL DRUG CONTROL POLICY.—The Deputy Director of National Drug Control
Policy shall—
(A) carry out the duties and powers prescribed by
the Director; and
(B) serve as the Director in the absence of the Director
or during any period in which the office of the Director
is vacant.
(3) DESIGNATION OF OTHER OFFICERS.—In the absence of
the Deputy Director, or if the Office of the Deputy Director
is vacant, the Director shall designate such other permanent
employee of the Office to serve as the Director, if the Director
is absent or unable to serve.
(4) PROHIBITION.—No person shall serve as Director or
a Deputy Director while serving in any other position in the
Federal Government.
(5) PROHIBITION ON POLITICAL CAMPAIGNING.—Any officer
or employee of the Office who is appointed to that position
by the President, by and with the advice and consent of the
Senate, may not participate in Federal election campaign activities, except that such official is not prohibited by this paragraph
from making contributions to individual candidates.
(b) RESPONSIBILITIES.—The Director—
(1) shall assist the President in the establishment of policies, goals, objectives, and priorities for the National Drug
Control Program;
(2) shall promulgate the National Drug Control Strategy
under section 706(a) and each report under section 706(b) in
accordance with section 706;
(3) shall coordinate and oversee the implementation by
the National Drug Control Program agencies of the policies,
goals, objectives, and priorities established under paragraph
(1) and the fulfillment of the responsibilities of such agencies
under the National Drug Control Strategy and make recommendations to National Drug Control Program agency heads
with respect to implementation of Federal counter-drug programs;
(4) shall make such recommendations to the President
as the Director determines are appropriate regarding changes
in the organization, management, and budgets of Federal
departments and agencies engaged in drug enforcement, and
changes in the allocation of personnel to and within those
departments and agencies, to implement the policies, goals,
priorities, and objectives established under paragraph (1) and
the National Drug Control Strategy;
(5) shall consult with and assist State and local governments with respect to the formulation and implementation
of National Drug Control Policy and their relations with the
National Drug Control Program agencies;

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–674

(6) shall appear before duly constituted committees and
subcommittees of the House of Representatives and of the Senate to represent the drug policies of the executive branch;
(7) shall notify any National Drug Control Program agency
if its policies are not in compliance with the responsibilities
of the agency under the National Drug Control Strategy, transmit a copy of each such notification to the President, and
maintain a copy of each such notification;
(8) shall provide, by July 1 of each year, budget recommendations, including requests for specific initiatives that
are consistent with the priorities of the President under the
National Drug Control Strategy, to the heads of departments
and agencies with responsibilities under the National Drug
Control Program, which recommendations shall—
(A) apply to the next budget year scheduled for formulation under the Budget and Accounting Act of 1921, and
each of the 4 subsequent fiscal years; and
(B) address funding priorities developed in the National
Drug Control Strategy;
(9) may serve as representative of the President in appearing before Congress on all issues relating to the National Drug
Control Program;
(10) shall, in any matter affecting national security
interests, work in conjunction with the Assistant to the President for National Security Affairs;
(11) may serve as spokesperson of the Administration on
drug issues;
(12) shall ensure that no Federal funds appropriated to
the Office of National Drug Control Policy shall be expended
for any study or contract relating to the legalization (for a
medical use or any other use) of a substance listed in schedule
I of section 202 of the Controlled Substances Act (21 U.S.C.
812) and take such actions as necessary to oppose any attempt
to legalize the use of a substance (in any form) that—
(A) is listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812); and
(B) has not been approved for use for medical purposes
by the Food and Drug Administration;
(13) shall require each National Drug Control Program
agency to submit to the Director on an annual basis (beginning
in 1999) an evaluation of progress by the agency with respect
to drug control program goals using the performance measures
for the agency developed under section 706(c), including
progress with respect to—
(A) success in reducing domestic and foreign sources
of illegal drugs;
(B) success in protecting the borders of the United
States (and in particular the Southwestern border of the
United States) from penetration by illegal narcotics;
(C) success in reducing violent crime associated with
drug use in the United States;
(D) success in reducing the negative health and social
consequences of drug use in the United States; and
(E) implementation of drug treatment and prevention
programs in the United States and improvements in the
adequacy and effectiveness of such programs;

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(14) shall submit to the Appropriations committees and
the authorizing committees of jurisdiction of the House of Representatives and the Senate on an annual basis, not later
than 60 days after the date of the last day of the applicable
period, a summary of—
(A) each of the evaluations received by the Director
under paragraph (13); and
(B) the progress of each National Drug Control Program agency toward the drug control program goals of
the agency using the performance measures for the agency
developed under section 706(c); and
(15) shall ensure that drug prevention and drug treatment
research and information is effectively disseminated by
National Drug Control Program agencies to State and local
governments and nongovernmental entities involved in demand
reduction by—
(A) encouraging formal consultation between any such
agency that conducts or sponsors research, and any such
agency that disseminates information in developing
research and information product development agendas;
(B) encouraging such agencies (as appropriate) to
develop and implement dissemination plans that specifically target State and local governments and nongovernmental entities involved in demand reduction; and
(C) developing a single interagency clearinghouse for
the dissemination of research and information by such
agencies to State and local governments and nongovernmental agencies involved in demand reduction.
(c) NATIONAL DRUG CONTROL PROGRAM BUDGET.—
(1) RESPONSIBILITIES OF NATIONAL DRUG CONTROL PROGRAM
AGENCIES.—
(A) IN GENERAL.—For each fiscal year, the head of
each department, agency, or program of the Federal
Government with responsibilities under the National Drug
Control Program Strategy shall transmit to the Director
a copy of the proposed drug control budget request of
the department, agency, or program at the same time as
that budget request is submitted to their superiors (and
before submission to the Office of Management and Budget)
in the preparation of the budget of the President submitted
to Congress under section 1105(a) of title 31, United States
Code.
(B) SUBMISSION OF DRUG CONTROL BUDGET REQUESTS.—
The head of each National Drug Control Program agency
shall ensure timely development and submission to the
Director of each proposed drug control budget request
transmitted pursuant to this paragraph, in such format
as may be designated by the Director with the concurrence
of the Director of the Office of Management and Budget.
(2) NATIONAL DRUG CONTROL PROGRAM BUDGET PROPOSAL.—
For each fiscal year, following the transmission of proposed
drug control budget requests to the Director under paragraph
(1), the Director shall, in consultation with the head of each
National Drug Control Program agency—
(A) develop a consolidated National Drug Control Program budget proposal designed to implement the National
Drug Control Strategy;

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112 STAT. 2681–676

(B) submit the consolidated budget proposal to the
President; and
(C) after submission under subparagraph (B), submit
the consolidated budget proposal to Congress.
(3) REVIEW AND CERTIFICATION OF BUDGET REQUESTS AND
BUDGET SUBMISSIONS OF NATIONAL DRUG CONTROL PROGRAM
AGENCIES.—
(A) IN GENERAL.—The Director shall review each drug

control budget request submitted to the Director under
paragraph (1).
(B) REVIEW OF BUDGET REQUESTS.—
(i) INADEQUATE REQUESTS.—If the Director concludes that a budget request submitted under paragraph (1) is inadequate, in whole or in part, to implement the objectives of the National Drug Control Strategy with respect to the department, agency, or program
at issue for the year for which the request is submitted,
the Director shall submit to the head of the applicable
National Drug Control Program agency a written
description of funding levels and specific initiatives
that would, in the determination of the Director, make
the request adequate to implement those objectives.
(ii) ADEQUATE REQUESTS.—If the Director concludes that a budget request submitted under paragraph (1) is adequate to implement the objectives of
the National Drug Control Strategy with respect to
the department, agency, or program at issue for the
year for which the request is submitted, the Director
shall submit to the head of the applicable National
Drug Control Program agency a written statement
confirming the adequacy of the request.
(iii) RECORD.—The Director shall maintain a record
of each description submitted under clause (i) and each
statement submitted under clause (ii).
(C) AGENCY RESPONSE.—
(i) IN GENERAL.—The head of a National Drug
Control Program agency that receives a description
under subparagraph (B)(i) shall include the funding
levels and initiatives described by the Director in the
budget submission for that agency to the Office of
Management and Budget.
(ii) IMPACT STATEMENT.—The head of a National
Drug Control Program agency that has altered its
budget submission under this subparagraph shall
include as an appendix to the budget submission for
that agency to the Office of Management and Budget
an impact statement that summarizes—
(I) the changes made to the budget under this
subparagraph; and
(II) the impact of those changes on the ability
of that agency to perform its other responsibilities,
including any impact on specific missions or programs of the agency.
(iii) CONGRESSIONAL NOTIFICATION.—The head of
a National Drug Control Program agency shall submit
a copy of any impact statement under clause (ii) to
the Senate and the House of Representatives at the

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PUBLIC LAW 105–277—OCT. 21, 1998

time the budget for that agency is submitted to Congress under section 1105(a) of title 31, United States
Code.
(D) CERTIFICATION OF BUDGET SUBMISSIONS.—
(i) IN GENERAL.—At the time a National Drug Control Program agency submits its budget request to
the Office of Management and Budget, the head of
the National Drug Control Program agency shall submit a copy of the budget request to the Director.
(ii) CERTIFICATION.—The Director—
(I) shall review each budget submission
submitted under clause (i); and
(II) based on the review under subclause (I),
if the Director concludes that the budget submission of a National Drug Control Program agency
does not include the funding levels and initiatives
described under subparagraph (B)—
(aa) may issue a written decertification
of that agency’s budget; and
(bb) in the case of a decertification issued
under item (aa), shall submit to the Senate
and the House of Representatives a copy of—
(aaa) the decertification issued under
item (aa);
(bbb) the description made under
subparagraph (B); and
(ccc) the budget recommendations
made under subsection (b)(8).
(4) REPROGRAMMING AND TRANSFER REQUESTS.—
(A) IN GENERAL.—No National Drug Control Program
agency shall submit to Congress a reprogramming or transfer request with respect to any amount of appropriated
funds in an amount exceeding $5,000,000 that is included
in the National Drug Control Program budget unless the
request has been approved by the Director.
(B) APPEAL.—The head of any National Drug Control
Program agency may appeal to the President any disapproval by the Director of a reprogramming or transfer
request under this paragraph.
(d) POWERS OF THE DIRECTOR.—In carrying out subsection (b),
the Director may—
(1) select, appoint, employ, and fix compensation of such
officers and employees of the Office as may be necessary to
carry out the functions of the Office under this title;
(2) subject to subsection (e)(3), request the head of a department or agency, or program of the Federal Government to
place department, agency, or program personnel who are
engaged in drug control activities on temporary detail to
another department, agency, or program in order to implement
the National Drug Control Strategy, and the head of the department or agency shall comply with such a request;
(3) use for administrative purposes, on a reimbursable
basis, the available services, equipment, personnel, and facilities of Federal, State, and local agencies;
(4) procure the services of experts and consultants in
accordance with section 3109 of title 5, United States Code,
relating to appointments in the Federal Service, at rates of

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–678

compensation for individuals not to exceed the daily equivalent
of the rate of pay payable under level IV of the Executive
Schedule under section 5311 of title 5, United States Code;
(5) accept and use gifts and donations of property from
Federal, State, and local government agencies, and from the
private sector, as authorized in section 703(d);
(6) use the mails in the same manner as any other department or agency of the executive branch;
(7) monitor implementation of the National Drug Control
Program, including—
(A) conducting program and performance audits and
evaluations; and
(B) requesting assistance from the Inspector General
of the relevant agency in such audits and evaluations;
(8) transfer funds made available to a National Drug Control Program agency for National Drug Control Strategy programs and activities to another account within such agency
or to another National Drug Control Program agency for
National Drug Control Strategy programs and activities, except
that—
(A) the authority under this paragraph may be limited
in an annual appropriations Act or other provision of Federal law;
(B) the Director may exercise the authority under this
paragraph only with the concurrence of the head of each
affected agency;
(C) in the case of an interagency transfer, the total
amount of transfers under this paragraph may not exceed
3 percent of the total amount of funds made available
for National Drug Control Strategy programs and activities
to the agency from which those funds are to be transferred;
(D) funds transferred to an agency under this paragraph may only be used to increase the funding for programs or activities have been authorized by Congress; and
(E) the Director shall—
(i) submit to Congress, including to the Committees on Appropriations of the Senate and the House
of Representatives, the authorizing committees for the
Office, and any other applicable committees of jurisdiction, a reprogramming or transfer request in advance
of any transfer under this paragraph in accordance
with the regulations of the affected agency or agencies;
and
(ii) annually submit to Congress a report describing the effect of all transfers of funds made pursuant
to this paragraph or subsection (c)(4) during the 12month period preceding the date on which the report
is submitted;
(9) issue to the head of a National Drug Control Program
agency a fund control notice described in subsection (f) to
ensure compliance with the National Drug Control Program
Strategy; and
(10) participate in the drug certification process pursuant
to section 490 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291j).
(e) PERSONNEL DETAILED TO OFFICE.—

Reports.

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PUBLIC LAW 105–277—OCT. 21, 1998

(1) EVALUATIONS.—Notwithstanding any provision of chapter 43 of title 5, United States Code, the Director shall perform
the evaluation of the performance of any employee detailed
to the Office for purposes of the applicable performance
appraisal system established under such chapter for any rating
period, or part thereof, that such employee is detailed to such
office.
(2) COMPENSATION.—
(A) BONUS PAYMENTS.—Notwithstanding any other
provision of law, the Director may provide periodic bonus
payments to any employee detailed to the Office.
(B) RESTRICTIONS.—An amount paid under this paragraph to an employee for any period—
(i) shall not be greater than 20 percent of the
basic pay paid or payable to such employee for such
period; and
(ii) shall be in addition to the basic pay of such
employee.
(C) AGGREGATE AMOUNT.—The aggregate amount paid
during any fiscal year to an employee detailed to the Office
as basic pay, awards, bonuses, and other compensation
shall not exceed the annual rate payable at the end of
such fiscal year for positions at level III of the Executive
Schedule.
(3) MAXIMUM NUMBER OF DETAILEES.—The maximum number of personnel who may be detailed to another department
or agency (including the Office) under subsection (d)(2) during
any fiscal year is—
(A) for the Department of Defense, 50; and
(B) for any other department or agency, 10.
(f) FUND CONTROL NOTICES.—
(1) IN GENERAL.—A fund control notice may direct that
all or part of an amount appropriated to the National Drug
Control Program agency account be obligated by—
(A) months, fiscal year quarters, or other time periods;
and
(B) activities, functions, projects, or object classes.
(2) UNAUTHORIZED OBLIGATION OR EXPENDITURE PROHIBITED.—An officer or employee of a National Drug Control Program agency shall not make or authorize an expenditure or
obligation contrary to a fund control notice issued by the Director.
(3) DISCIPLINARY ACTION FOR VIOLATION.—In the case of
a violation of paragraph (2) by an officer or employee of a
National Drug Control Program agency, the head of the agency,
upon the request of and in consultation with the Director,
may subject the officer or employee to appropriate administrative discipline, including, when circumstances warrant, suspension from duty without pay or removal from office.
(g) INAPPLICABILITY TO CERTAIN PROGRAMS.—The provisions
of this section shall not apply to the National Foreign Intelligence
Program, the Joint Military Intelligence Program and Tactical Intelligence and Related Activities unless the agency that carries out
such program is designated as a National Drug Control Program
agency by the President or jointly by the Director and the head
of the agency.

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112 STAT. 2681–680

(h) CONSTRUCTION.—Nothing in this Act shall be construed
as derogating the authorities and responsibilities of the Director
of Central Intelligence contained in sections 104 and 504 of the
National Security Act of 1947 or any other law.
SEC. 705. COORDINATION WITH NATIONAL DRUG CONTROL PROGRAM
AGENCIES IN DEMAND REDUCTION, SUPPLY REDUCTION,
AND STATE AND LOCAL AFFAIRS.

(a) ACCESS TO INFORMATION.—
(1) IN GENERAL.—Upon the request of the Director, the
head of any National Drug Control Program agency shall
cooperate with and provide to the Director any statistics,
studies, reports, and other information prepared or collected
by the agency concerning the responsibilities of the agency
under the National Drug Control Strategy that relate to—
(A) drug abuse control; or
(B) the manner in which amounts made available to
that agency for drug control are being used by that agency.
(2) PROTECTION OF INTELLIGENCE INFORMATION.—
(A) IN GENERAL.—The authorities conferred on the
Office and the Director by this title shall be exercised
in a manner consistent with provisions of the National
Security Act of 1947 (50 U.S.C. 401 et seq.). The Director
of Central Intelligence shall prescribe such regulations as
may be necessary to protect information provided pursuant
to this title regarding intelligence sources and methods.
(B) DUTIES OF DIRECTOR.—The Director of Central
Intelligence shall, to the maximum extent practicable in
accordance with subparagraph (A), render full assistance
and support to the Office and the Director.
(3) ILLEGAL DRUG CULTIVATION.—The Secretary of Agriculture shall annually submit to the Director an assessment
of the acreage of illegal drug cultivation in the United States.
(b) CERTIFICATION OF POLICY CHANGES TO DIRECTOR.—
(1) IN GENERAL.—Subject to paragraph (2), the head of
a National Drug Control Program agency shall, unless exigent
circumstances require otherwise, notify the Director in writing
regarding any proposed change in policies relating to the activities of that agency under the National Drug Control Program
prior to implementation of such change. The Director shall
promptly review such proposed change and certify to the head
of that agency in writing whether such change is consistent
with the National Drug Control Strategy.
(2) EXCEPTION.—If prior notice of a proposed change under
paragraph (1) is not practicable—
(A) the head of the National Drug Control Program
agency shall notify the Director of the proposed change
as soon as practicable; and
(B) upon such notification, the Director shall review
the change and certify to the head of that agency in writing
whether the change is consistent with the National Drug
Control Program.
(c) GENERAL SERVICES ADMINISTRATION.—The Administrator of
General Services shall provide to the Director, in a reimbursable
basis, such administrative support services as the Director may
request.
(d) ACCOUNTING OF FUNDS EXPENDED.—The Director shall—

21 USC 1704.

Regulations.

Notification.

112 STAT. 2681–681

PUBLIC LAW 105–277—OCT. 21, 1998

(A) require the National Drug Control Program agencies
to submit to the Director not later than February 1 of each
year a detailed accounting of all funds expended by the agencies
for National Drug Control Program activities during the previous fiscal year, and require such accounting to be authenticated by the Inspector General for each agency prior to submission to the Director; and
(B) submit to Congress not later than April 1 of each
year the information submitted to the Director under subparagraph (A).
21 USC 1705.

SEC.

706.

DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND
ASSESSMENT OF NATIONAL DRUG CONTROL STRATEGY.

(a) TIMING, CONTENTS, AND PROCESS FOR DEVELOPMENT AND
SUBMISSION OF NATIONAL DRUG CONTROL STRATEGY.—
(1) TIMING.—Not later than February 1, 1999, the President
shall submit to Congress a National Drug Control Strategy,
which shall set forth a comprehensive plan, covering a period
of not more than 5 years, for reducing drug abuse and the
consequences of drug abuse in the United States, by limiting
the availability of and reducing the demand for illegal drugs.
(2) CONTENTS.—
(A) IN GENERAL.—The National Drug Control Strategy
submitted under paragraph (1) shall include—
(i) comprehensive, research-based, long-range,
quantifiable, goals for reducing drug abuse and the
consequences of drug abuse in the United States;
(ii) annual, quantifiable, and measurable objectives
and specific targets to accomplish long-term quantifiable goals that the Director determines may be
achieved during each year of the period beginning on
the date on which the National Drug Control Strategy
is submitted;
(iii) 5-year projections for program and budget
priorities; and
(iv) a review of international, State, local, and
private sector drug control activities to ensure that
the United States pursues well-coordinated and effective drug control at all levels of government.
(B) CLASSIFIED INFORMATION.—Any contents of the
National Drug Control Strategy that involves information
properly classified under criteria established by an Executive order shall be presented to Congress separately from
the rest of the National Drug Control Strategy.
(3) PROCESS FOR DEVELOPMENT AND SUBMISSION.—
(A) CONSULTATION.—In developing and effectively
implementing the National Drug Control Strategy, the
Director—
(i) shall consult with—
(I) the heads of the National Drug Control
Program agencies;
(II) Congress;
(III) State and local officials;
(IV) private citizens and organizations with
experience and expertise in demand reduction;
(V) private citizens and organizations with
experience and expertise in supply reduction; and

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112 STAT. 2681–682

(VI) appropriate representatives of foreign
governments;
(ii) with the concurrence of the Attorney General,
may require the El Paso Intelligence Center to undertake specific tasks or projects to implement the
National Drug Control Strategy; and
(iii) with the concurrence of the Director of Central
Intelligence and the Attorney General, may request
that the National Drug Intelligence Center undertake
specific tasks or projects to implement the National
Drug Control Strategy.
(B) INCLUSION IN STRATEGY.—The National Drug Control Strategy under this subsection, and each report submitted under subsection (b), shall include a list of each entity
consulted under subparagraph (A)(i).
(4) SPECIFIC TARGETS.—The targets in the National Drug
Control Strategy shall include the following:
(A) Reduction of unlawful drug use to 3 percent of
the population of the United States or less by December
31, 2003 (as measured in terms of overall illicit drug use
during the past 30 days by the National Household Survey),
and achievement of at least 20 percent of such reduction
during each of 1999, 2000, 2001, 2002, and 2003.
(B) Reduction of adolescent unlawful drug use (as
measured in terms of illicit drug use during the past 30
days by the Monitoring the Future Survey of the University
of Michigan or the National PRIDE Survey conducted by
the National Parents’ Resource Institute for Drug Education) to 3 percent of the adolescent population of the
United States or less by December 31, 2003, and achievement of at least 20 percent of such reduction during each
of 1999, 2000, 2001, 2002, and 2003.
(C) Reduction of the availability of cocaine, heroin,
marijuana, and methamphetamine in the United States
by 80 percent by December 31, 2003.
(D) Reduction of the respective nationwide average
street purity levels for cocaine, heroin, marijuana, and
methamphetamine (as estimated by the interagency drug
flows assessment led by the Office of National Drug Control
Policy, and based on statistics collected by the Drug
Enforcement Administration and other National Drug Control Program agencies identified as relevant by the Director) by 60 percent by December 31, 2003, and achievement
of at least 20 percent of each such reduction during each
of 1999, 2000, 2001, 2002, and 2003.
(E) Reduction of drug-related crime in the United
States by 50 percent by December 31, 2003, and achievement of at least 20 percent of such reduction during each
of 1999, 2000, 2001, 2002, and 2003, including—
(i) reduction of State and Federal unlawful drug
trafficking and distribution;
(ii) reduction of State and Federal crimes committed by persons under the influence of unlawful drugs;
(iii) reduction of State and Federal crimes committed for the purpose of obtaining unlawful drugs or
obtaining property that is intended to be used for the
purchase of unlawful drugs; and

112 STAT. 2681–683

PUBLIC LAW 105–277—OCT. 21, 1998

(iv) reduction of drug-related emergency room
incidents in the United States (as measured by data
of the Drug Abuse Warning Network on illicit drug
abuse), including incidents involving gunshot wounds
and automobile accidents in which illicit drugs are
identified in the bloodstream of the victim, by 50 percent by December 31, 2003.
(5) FURTHER REDUCTIONS IN DRUG USE, AVAILABILITY, AND
CRIME.—Following the submission of a National Drug Control
Strategy under this section to achieve the specific targets
described in paragraph (4), the Director may formulate a strategy for additional reductions in drug use and availability and
drug-related crime beyond the 5-year period covered by the
National Drug Control Strategy that has been submitted.
(b) ANNUAL STRATEGY REPORT.—
(1) IN GENERAL.—Not later than February 1, 1999, and
on February 1 of each year thereafter, the President shall
submit to Congress a report on the progress in implementing
the Strategy under subsection (a), which shall include—
(A) an assessment of the Federal effectiveness in
achieving the National Drug Control Strategy goals and
objectives using the performance measurement system
described in subsection (c), including—
(i) an assessment of drug use and availability in
the United States; and
(ii) an estimate of the effectiveness of interdiction,
treatment, prevention, law enforcement, and international programs under the National Drug Control
Strategy in effect during the preceding year, or in
effect as of the date on which the report is submitted;
(B) any modifications of the National Drug Control
Strategy or the performance measurement system
described in subsection (c);
(C) an assessment of the manner in which the budget
proposal submitted under section 704(c) is intended to
implement the National Drug Control Strategy and
whether the funding levels contained in such proposal are
sufficient to implement such Strategy;
(D) measurable data evaluating the success or failure
in achieving the annual measurable objectives described
in subsection (a)(2)(A)(ii);
(E) an assessment of current drug use (including
inhalants) and availability, impact of drug use, and treatment availability, which assessment shall include—
(i) estimates of drug prevalence and frequency of
use as measured by national, State, and local surveys
of illicit drug use and by other special studies of—
(I) casual and chronic drug use;
(II) high-risk populations, including school
dropouts, the homeless and transient, arrestees,
parolees, probationers, and juvenile delinquents;
and
(III) drug use in the workplace and the
productivity lost by such use;
(ii) an assessment of the reduction of drug availability against an ascertained baseline, as measured
by—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–684

(I) the quantities of cocaine, heroin, marijuana,
methamphetamine, and other drugs available for
consumption in the United States;
(II) the amount of marijuana, cocaine, heroin,
and precursor chemicals entering the United
States;
(III) the number of hectares of marijuana,
poppy, and coca cultivated and destroyed domestically and in other countries;
(IV) the number of metric tons of marijuana,
heroin, cocaine, and methamphetamine seized;
(V) the number of cocaine and methamphetamine processing laboratories destroyed domestically and in other countries;
(VI) changes in the price and purity of heroin
and cocaine, changes in the price of methamphetamine, and changes in tetrahydrocannabinol level
of marijuana;
(VII) the amount and type of controlled substances diverted from legitimate retail and wholesale sources; and
(VIII) the effectiveness of Federal technology
programs at improving drug detection capabilities
in interdiction, and at United States ports of entry;
(iii) an assessment of the reduction of the consequences of drug use and availability, which shall
include estimation of—
(I) the burden drug users placed on hospital
emergency departments in the United States, such
as the quantity of drug-related services provided;
(II) the annual national health care costs of
drug use, including costs associated with people
becoming infected with the human immunodeficiency virus and other infectious diseases as
a result of drug use;
(III) the extent of drug-related crime and
criminal activity; and
(IV) the contribution of drugs to the underground economy, as measured by the retail value
of drugs sold in the United States;
(iv) a determination of the status of drug treatment
in the United States, by assessing—
(I) public and private treatment capacity
within each State, including information on the
treatment capacity available in relation to the
capacity actually used;
(II) the extent, within each State, to which
treatment is available;
(III) the number of drug users the Director
estimates could benefit from treatment; and
(IV) the specific factors that restrict the availability of treatment services to those seeking it
and proposed administrative or legislative remedies to make treatment available to those individuals; and

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PUBLIC LAW 105–277—OCT. 21, 1998

(v) a review of the research agenda of the CounterDrug Technology Assessment Center to reduce the
availability and abuse of drugs; and
(F) an assessment of private sector initiatives and
cooperative efforts between the Federal Government and
State and local governments for drug control.
(2) SUBMISSION OF REVISED STRATEGY.—The President may
submit to Congress a revised National Drug Control Strategy
that meets the requirements of this section—
(A) at any time, upon a determination by the President,
in consultation with the Director, that the National Drug
Control Strategy in effect is not sufficiently effective; and
(B) if a new President or Director takes office.
(3) 1999 STRATEGY REPORT.—With respect to the Strategy
report required to be submitted by this subsection on February
1, 1999, the President shall prepare the report using such
information as is available for the period covered by the report.
(c) PERFORMANCE MEASUREMENT SYSTEM.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that—
(A) the targets described in subsection (a) are important to the reduction of overall drug use in the United
States;
(B) the President should seek to achieve those targets
during the 5 years covered by the National Drug Control
Strategy required to be submitted under subsection (a);
(C) the purpose of such targets and the annual reports
to Congress on the progress towards achieving the targets
is to allow for the annual restructuring of appropriations
by the Appropriations Committees and authorizing committees of jurisdiction of Congress to meet the goals described
in this Act;
(D) the performance measurement system developed
by the Director described in this subsection is central to
the National Drug Control Program targets, programs, and
budget;
(E) the Congress strongly endorses the performance
measurement system for establishing clear outcomes for
reducing drug use nationwide during the next five years,
and the linkage of this system to all agency drug control
programs and budgets receiving funds scored as drug control agency funding.
(2) SUBMISSION TO CONGRESS.—Not later than February
1, 1999, the Director shall submit to Congress a description
of the national drug control performance measurement system,
designed in consultation with affected National Drug Control
Program agencies, that—
(A) develops performance objectives, measures, and targets for each National Drug Control Strategy goal and
objective;
(B) revises performance objectives, measures, and targets, to conform with National Drug Control Program
Agency budgets;
(C) identifies major programs and activities of the
National Drug Control Program agencies that support the
goals and objectives of the National Drug Control Strategy;

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112 STAT. 2681–686

(D) evaluates in detail the implementation by each
National Drug Control Program agency of program activities supporting the National Drug Control Strategy;
(E) monitors consistency between the drug-related
goals and objectives of the National Drug Control Program
agencies and ensures that drug control agency goals and
budgets support and are fully consistent with the National
Drug Control Strategy; and
(F) coordinates the development and implementation
of national drug control data collection and reporting systems to support policy formulation and performance
measurement, including an assessment of—
(i) the quality of current drug use measurement
instruments and techniques to measure supply reduction and demand reduction activities;
(ii) the adequacy of the coverage of existing
national drug use measurement instruments and techniques to measure the casual drug user population
and groups that are at risk for drug use; and
(iii) the actions the Director shall take to correct
any deficiencies and limitations identified pursuant to
subparagraphs (A) and (B) of subsection (b)(4).
(3) MODIFICATIONS.—A description of any modifications
made during the preceding year to the national drug control
performance measurement system described in paragraph (2)
shall be included in each report submitted under subsection
(b).
SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.

(a) ESTABLISHMENT.—There is established in the Office a program to be known as the High Intensity Drug Trafficking Areas
Program.
(b) DESIGNATION.—The Director, upon consultation with the
Attorney General, the Secretary of the Treasury, heads of the
National Drug Control Program agencies, and the Governor of
each applicable State, may designate any specified area of the
United States as a high intensity drug trafficking area. After making such a designation and in order to provide Federal assistance
to the area so designated, the Director may—
(1) obligate such sums as appropriated for the High Intensity Drug Trafficking Areas Program;
(2) direct the temporary reassignment of Federal personnel
to such area, subject to the approval of the head of the department or agency that employs such personnel;
(3) take any other action authorized under section 704
to provide increased Federal assistance to those areas;
(4) coordinate activities under this subsection (specifically
administrative, recordkeeping, and funds management activities) with State and local officials.
(c) FACTORS FOR CONSIDERATION.—In considering whether to
designate an area under this section as a high intensity drug
trafficking area, the Director shall consider, in addition to such
other criteria as the Director considers to be appropriate, the extent
to which—
(1) the area is a center of illegal drug production, manufacturing, importation, or distribution;

21 USC 1706.

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PUBLIC LAW 105–277—OCT. 21, 1998

(2) State and local law enforcement agencies have committed resources to respond to the drug trafficking problem in
the area, thereby indicating a determination to respond aggressively to the problem;
(3) drug-related activities in the area are having a harmful
impact in other areas of the country; and
(4) a significant increase in allocation of Federal resources
is necessary to respond adequately to drug-related activities
in the area.
(d) USE OF FUNDS.—The Director shall ensure that no Federal
funds appropriated for the High Intensity Drug Trafficking Program
are expended for the establishment or expansion of drug treatment
programs.
21 USC 1707.

SEC. 708. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.

(a) ESTABLISHMENT.—There is established within the Office
the Counter-Drug Technology Assessment Center (referred to in
this section as the ‘‘Center’’). The Center shall operate under the
authority of the Director of National Drug Control Policy and shall
serve as the central counter-drug technology research and development organization of the United States Government.
(b) DIRECTOR OF TECHNOLOGY.—There shall be at the head
of the Center the Director of Technology, who shall be appointed
by the Director of National Drug Control Policy from among individuals qualified and distinguished in the area of science, medicine,
engineering, or technology.
(c) ADDITIONAL RESPONSIBILITIES OF THE DIRECTOR OF
NATIONAL DRUG CONTROL POLICY.—
(1) IN GENERAL.—The Director, acting through the Director
of Technology shall—
(A) identify and define the short-, medium-, and longterm scientific and technological needs of Federal, State,
and local drug supply reduction agencies, including—
(i) advanced surveillance, tracking, and radar
imaging;
(ii) electronic support measures;
(iii) communications;
(iv) data fusion, advanced computer systems, and
artificial intelligence; and
(v) chemical, biological, radiological (including neutron, electron, and graviton), and other means of detection;
(B) identify demand reduction basic and applied
research needs and initiatives, in consultation with affected
National Drug Control Program agencies, including—
(i) improving treatment through neuroscientific
advances;
(ii) improving the transfer of biomedical research
to the clinical setting; and
(iii) in consultation with the National Institute
on Drug Abuse, and through interagency agreements
or grants, examining addiction and rehabilitation
research and the application of technology to expanding
the effectiveness or availability of drug treatment;
(C) make a priority ranking of such needs identified
in subparagraphs (A) and (B) according to fiscal and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–688

technological feasibility, as part of a National CounterDrug Enforcement Research and Development Program;
(D) oversee and coordinate counter-drug technology initiatives with related activities of other Federal civilian
and military departments;
(E) provide support to the development and
implementation of the national drug control performance
measurement system; and
(F) pursuant to the authority of the Director of
National Drug Control Policy under section 704, submit
requests to Congress for the reprogramming or transfer
of funds appropriated for counter-drug technology research
and development.
(2) LIMITATION ON AUTHORITY.—The authority granted to
the Director under this subsection shall not extend to the
award of contracts, management of individual projects, or other
operational activities.
(d) ASSISTANCE AND SUPPORT TO OFFICE OF NATIONAL DRUG
CONTROL POLICY.—The Secretary of Defense and the Secretary
of Health and Human Services shall, to the maximum extent practicable, render assistance and support to the Office and to the
Director in the conduct of counter-drug technology assessment.
SEC. 709. PRESIDENT’S COUNCIL ON COUNTER-NARCOTICS.

(a) ESTABLISHMENT.—There is established a council to be known
as the President’s Council on Counter-Narcotics (referred to in
this section as the ‘‘Council’’).
(b) MEMBERSHIP.—
(1) IN GENERAL.—Subject to paragraph (2), the Council
shall be composed of 18 members, of whom—
(A) 1 shall be the President, who shall serve as Chairman of the Council;
(B) 1 shall be the Vice President;
(C) 1 shall be the Secretary of State;
(D) 1 shall be the Secretary of the Treasury;
(E) 1 shall be the Secretary of Defense;
(F) 1 shall be the Attorney General;
(G) 1 shall be the Secretary of Transportation;
(H) 1 shall be the Secretary of Health and Human
Services;
(I) 1 shall be the Secretary of Education;
(J) 1 shall be the Representative of the United States
of America to the United Nations;
(K) 1 shall be the Director of the Office of Management
and Budget;
(L) 1 shall be the Chief of Staff to the President;
(M) 1 shall be the Director of the Office, who shall
serve as the Executive Director of the Council;
(N) 1 shall be the Director of Central Intelligence;
(O) 1 shall be the Assistant to the President for
National Security Affairs;
(P) 1 shall be the Counsel to the President;
(Q) 1 shall be the Chairman of the Joint Chiefs of
Staff; and
(R) 1 shall be the National Security Adviser to the
Vice President.

21 USC 1708.

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PUBLIC LAW 105–277—OCT. 21, 1998

(2) ADDITIONAL MEMBERS.—The President may, in the
discretion of the President, appoint additional members to the
Council.
(c) FUNCTIONS.—The Council shall advise and assist the President in—
(1) providing direction and oversight for the national drug
control strategy, including relating drug control policy to other
national security interests and establishing priorities; and
(2) ensuring coordination among departments and agencies
of the Federal Government concerning implementation of the
National Drug Control Strategy.
(d) ADMINISTRATION.—
(1) IN GENERAL.—The Council may utilize established or
ad hoc committees, task forces, or interagency groups chaired
by the Director (or a representative of the Director) in carrying
out the functions of the Council under this section.
(2) STAFF.—The staff of the Office, in coordination with
the staffs of the Vice President and the Assistant to the President for National Security Affairs, shall act as staff for the
Council.
(3) COOPERATION FROM OTHER AGENCIES.—Each department and agency of the executive branch shall—
(A) cooperate with the Council in carrying out the
functions of the Council under this section; and
(B) provide such assistance, information, and advice
as the Council may request, to the extent permitted by
law.
21 USC 1709.

SEC. 710. PARENTS ADVISORY COUNCIL ON YOUTH DRUG ABUSE.

(a) IN GENERAL.—
(1) ESTABLISHMENT.—There is established a Council to be
known as the Parents Advisory Council on Youth Drug Abuse
(referred to in this section as the ‘‘Council’’).
(2) MEMBERSHIP.—
(A) COMPOSITION.—The Council shall be composed of
16 members, of whom—
(i) 4 shall be appointed by the President, each
of whom shall be a parent or guardian of a child
who is not less than 6 and not more than 18 years
of age as of the date on which the appointment is
made;
(ii) 4 shall be appointed by the Majority Leader
of the Senate, 3 of whom shall be a parent or guardian
of a child who is not less than 6 and not more than
18 years of age as of the date on which the appointment
is made;
(iii) 2 shall be appointed by the Minority Leader
of the Senate, each of whom shall be a parent or
guardian of a child who is not less than 6 and not
more than 18 years of age as of the date on which
the appointment is made;
(iv) 4 shall be appointed by the Speaker of the
House of Representatives, 3 of whom shall be a parent
or guardian of a child who is not less than 6 and
not more than 18 years of age as of the date on which
the appointment is made; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–690

(v) 2 shall be appointed by the Minority Leader
of the House of Representatives, each of whom shall
be a parent or guardian of a child who is not less
than 6 and not more than 18 years of age as of the
date on which the appointment is made.
(B) REQUIREMENTS.—
(i) IN GENERAL.—Each member of the Council shall
be an individual from the private sector with a demonstrated interest and expertise in research, education,
treatment, or prevention activities related to youth
drug abuse.
(ii) REPRESENTATIVES OF NONPROFIT ORGANIZATIONS.—Not less than 1 member appointed under each
of clauses (i) through (v) of paragraph (2)(A) shall
be a representative of a nonprofit organization focused
on involving parents in antidrug education and prevention.
(C) DATE.—The appointments of the initial members
of the Council shall be made not later than 60 days after
the date of enactment of this section.
(D) EXECUTIVE DIRECTOR.—The Director shall appoint
the Executive Director of the Council, who shall be an
employee of the Office of National Drug Control Policy.
(3) PERIOD OF APPOINTMENT; VACANCIES.—
(A) PERIOD OF APPOINTMENT.—Each member of the
Council shall be appointed for a term of 3 years, except
that, of the initial members of the Council—
(i) 1 member appointed under each of clauses (i)
through (v) of paragraph (2)(A) shall be appointed for
a term of 1 year; and
(ii) 1 member appointed under each of clauses
(i) through (v) of paragraph (2)(A) shall be appointed
for a term of 2 years.
(B) VACANCIES.—Any vacancy in the Council shall not
affect its powers, provided that a quorum is present, but
shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy occurring
before the expiration of the term for which the member’s
predecessor was appointed shall be appointed only for the
remainder of that term.
(C) APPOINTMENT OF SUCCESSOR.—To the extent necessary to prevent a vacancy in the membership of the
Council, a member of the Council may serve for not more
than 6 months after the expiration of the term of that
member, if the successor of that member has not been
appointed.
(4) INITIAL MEETING.—Not later than 120 days after the
date on which all initial members of the Council have been
appointed, the Council shall hold its first meeting.
(5) MEETINGS.—The Council shall meet at the call of the
Chairperson.
(6) QUORUM.—Nine members of the Council shall constitute
a quorum, but a lesser number of members may hold hearings.
(7) CHAIRPERSON AND VICE CHAIRPERSON.—
(A) IN GENERAL.—The members of the Council shall
select a Chairperson and Vice Chairperson from among
the members of the Council.

112 STAT. 2681–691

PUBLIC LAW 105–277—OCT. 21, 1998

(B) DUTIES OF CHAIRPERSON.—The Chairperson of the
Council shall assign committee duties relating to the Council and direct the Executive Director to convene hearings
and conduct other necessary business of the Council.
(C) DUTIES OF VICE CHAIRPERSON.—If the Chairperson
of the Council is unable to serve, the Vice Chairperson
shall serve as the Chairperson.
(b) DUTIES OF THE COUNCIL.—
(1) IN GENERAL.—The Council—
(A) shall advise the Director on drug prevention, education, and treatment and assist the Deputy Director of
Demand Reduction in the responsibilities for the coordination of the demand reduction programs of the Federal
Government and the analysis and consideration of prevention and treatment alternatives; and
(B) may issue reports and recommendations on drug
prevention, education, and treatment, in addition to the
reports detailed in paragraph (2), as the Council considers
appropriate.
(2) SUBMISSION OF REPORTS.—Any report or recommendation issued by the Council shall be submitted to the Director
and subsequently to Congress.
(3) ADVICE ON THE NATIONAL DRUG CONTROL STRATEGY.—
Not later than December 1, 1999, and on December 1 of each
year thereafter, the Council shall submit to the Director an
annual report containing drug control strategy recommendations on drug prevention, education, and treatment. The Director may include any recommendations submitted under this
paragraph in the report submitted by the Director under section
706(b).
(c) EXPENSES.—The members of the Council shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for
the Council.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Council such sums as may be necessary
carry out this section.
21 USC 1710.

SEC. 711. DRUG INTERDICTION.

(a) DEFINITION.—In this section, the term ‘‘Federal drug control
agency’’ means—
(1) the Office of National Drug Control Policy;
(2) the Department of Defense;
(3) the Drug Enforcement Administration;
(4) the Federal Bureau of Investigation;
(5) the Immigration and Naturalization Service;
(6) the United States Coast Guard;
(7) the United States Customs Service; and
(8) any other department or agency of the Federal Government that the Director determines to be relevant.
(b) REPORT.—In order to assist Congress in determining the
personnel, equipment, funding, and other resources that would be
required by Federal drug control agencies in order to achieve a
level of interdiction success at or above the highest level achieved
before the date of enactment of this title, not later than 90 days

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–692

after the date of enactment of this Act, the Director shall submit
to Congress and to each Federal drug control program agency
a report, which shall include—
(1) with respect to the southern and western border regions
of the United States (including the Pacific coast, the border
with Mexico, the Gulf of Mexico coast, and other ports of
entry) and in overall totals, data relating to—
(A) the amount of marijuana, heroin, methamphetamine, and cocaine—
(i) seized during the year of highest recorded seizures for each drug in each region and during the
year of highest recorded overall seizures; and
(ii) disrupted during the year of highest recorded
disruptions for each drug in each region and during
the year of highest recorded overall seizures; and
(B) the number of persons arrested for violations of
section 1010(a) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(a)) and related offenses during
the year of the highest number of arrests on record for
each region and during the year of highest recorded overall
arrests;
(2) the price of cocaine, heroin, methamphetamine, and
marijuana during the year of highest price on record during
the preceding 10-year period, adjusted for purity where possible;
and
(3) a description of the personnel, equipment, funding, and
other resources of the Federal drug control agency devoted
to drug interdiction and securing the borders of the United
States against drug trafficking for each of the years identified
in paragraphs (1) and (2) for each Federal drug control agency.
(c) BUDGET PROCESS.—
(1) INFORMATION TO DIRECTOR.—Based on the report
submitted under subsection (b), each Federal drug control
agency shall submit to the Director, at the same time as each
annual drug control budget request is submitted by the Federal
drug control agency to the Director under section 704(c)(1),
a description of the specific personnel, equipment, funding,
and other resources that would be required for the Federal
drug control agency to meet or exceed the highest level of
interdiction success for that agency identified in the report
submitted under subsection (b).
(2) INFORMATION TO CONGRESS.—The Director shall include
each submission under paragraph (1) in each annual consolidated National Drug Control Program budget proposal submitted by the Director to Congress under section 704(c)(2), which
submission shall be accompanied by a description of any additional resources that would be required by the Federal drug
control agencies to meet the highest level of interdiction success
identified in the report submitted under subsection (b).
SEC. 712. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.

Section 6073 of the Asset Forfeiture Amendments Act of 1988
(21 U.S.C. 1509) is amended—
(1) in subsection (b)—
(A) by striking ‘‘section 524(c)(9)’’ and inserting ‘‘section
524(c)(8)’’; and

112 STAT. 2681–693

PUBLIC LAW 105–277—OCT. 21, 1998

(B) by striking ‘‘section 9307(g)’’ and inserting ‘‘section
9703(g)’’; and
(2) in subsection (e), by striking ‘‘strategy’’ and inserting
‘‘Strategy’’.
SEC. 713. TECHNICAL AND CONFORMING AMENDMENTS.

(a) TITLE 5, UNITED STATES CODE.—Chapter 53 of title 5,
United States Code, is amended—
(1) in section 5312, by adding at the end the following:
‘‘Director of National Drug Control Policy.’’;
(2) in section 5313, by adding at the end the following:
‘‘Deputy Director of National Drug Control Policy.’’; and
(3) in section 5314, by adding at the end the following:
‘‘Deputy Director for Demand Reduction, Office of National
Drug Control Policy.
‘‘Deputy Director for Supply Reduction, Office of National
Drug Control Policy.
‘‘Deputy Director for State and Local Affairs, Office of
National Drug Control Policy.’’.
(b) NATIONAL SECURITY ACT OF 1947.—Section 101 of the
National Security Act of 1947 (50 U.S.C. 402) is amended by
redesignating subsection (f) as subsection (g) and inserting after
subsection (e) the following:
‘‘(f) The Director of National Drug Control Policy may, in the
role of the Director as principal adviser to the National Security
Council on national drug control policy, and subject to the direction
of the President, attend and participate in meetings of the National
Security Council.’’.
(c) SUBMISSION OF NATIONAL DRUG CONTROL PROGRAM BUDGET
WITH ANNUAL BUDGET REQUEST OF PRESIDENT.—Section 1105(a)
of title 31, United States Code, is amended by inserting after
paragraph (25) the following:
‘‘(26) a separate statement of the amount of appropriations
requested for the Office of National Drug Control Policy and
each program of the National Drug Control Program.’’.
21 USC 1711.

SEC. 714. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this title,
to remain available until expended, such sums as may be necessary
for each of fiscal years 1999 through 2003.
21 USC 1712.

SEC. 715. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL
POLICY.

(a) IN GENERAL.—Except as provided in subsection (b), effective
on September 30, 2003, this title and the amendments made by
this title are repealed.
(b) EXCEPTION.—Subsection (a) does not apply to section 713
or the amendments made by that section.
Western
Hemisphere
Drug Elimination
Act.
21 USC 801 note.

TITLE VIII—WESTERN HEMISPHERE DRUG ELIMINATION
SEC. 801. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This title may be cited as the ‘‘Western
Hemisphere Drug Elimination Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this title
is as follows:
Sec. 801. Short title; table of contents.
Sec. 802. Findings and statement of policy.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–694

SUBTITLE A—ENHANCED SOURCE AND TRANSIT COUNTRY COVERAGE
Sec. 811. Expansion of radar coverage and operation in source and transit countries.
Sec. 812. Expansion of Coast Guard drug interdiction.
Sec. 813. Expansion of aircraft coverage and operation in source and transit countries.
SUBTITLE B—ENHANCED ERADICATION AND INTERDICTION STRATEGY IN SOURCE
COUNTRIES
Sec. 821. Additional eradication resources for Colombia.
Sec. 822. Additional eradication resources for Peru.
Sec. 823. Additional eradication resources for Bolivia.
Sec. 824. Miscellaneous additional eradication resources.
Sec. 825. Bureau of International Narcotics and Law Enforcement Affairs.
SUBTITLE C—ENHANCED ALTERNATIVE CROP DEVELOPMENT SUPPORT IN SOURCE
ZONE
Sec. 831. Alternative crop development support.
Sec. 832. Authorization of appropriations for Agricultural Research Service
counterdrug research and development activities.
Sec. 833. Master plan for herbicides to control narcotic crops.
Sec. 834. Authorization of use of environmentally-approved herbicides to eliminate
illicit narcotics crops.
SUBTITLE D—ENHANCED INTERNATIONAL LAW ENFORCEMENT TRAINING
Sec. 841. Enhanced international law enforcement academy training.
Sec. 842. Enhanced United States drug enforcement international training.
Sec. 843. Provision of nonlethal equipment to foreign law enforcement organizations for cooperative illicit narcotics control activities.
SUBTITLE E—ENHANCED DRUG TRANSIT AND SOURCE ZONE LAW ENFORCEMENT
OPERATIONS AND EQUIPMENT
Sec. 851. Increased funding for operations and equipment; report.
Sec. 852. Funding for computer software and hardware to facilitate direct communication between drug enforcement agencies.
Sec. 853. Sense of Congress regarding priority of drug interdiction and counterdrug
activities.
SUBTITLE F—RELATIONSHIP
Sec. 861. Authorizations of appropriations.
SUBTITLE G—TRAFFICKING
Sec. 871. Short title.
Sec. 872. Limitation.

IN

TO

OTHER LAWS

CONTROLLED SUBSTANCES

SEC. 802. FINDINGS AND STATEMENT OF POLICY.

(a) FINDINGS.—Congress makes the following findings:
(1) Teenage drug use in the United States has doubled
since 1993.
(2) The drug crisis facing the United States is a top national
security threat.
(3) The spread of illicit drugs through United States borders
cannot be halted without an effective drug interdiction strategy.
(4) Effective drug interdiction efforts have been shown to
limit the availability of illicit narcotics, drive up the street
price, support demand reduction efforts, and decrease overall
drug trafficking and use.
(5) A prerequisite for reducing youth drug use is increasing
the price of drugs. To increase price substantially, at least
60 percent of drugs must be interdicted.
(6) In 1987, the national drug control budget maintained
a significant balance between demand and supply reduction
efforts, illustrated as follows:
(A) 29 percent of the total drug control budget expenditures for demand reduction programs.

112 STAT. 2681–695

PUBLIC LAW 105–277—OCT. 21, 1998

(B) 38 percent of the total drug control budget expenditures for domestic law enforcement.
(C) 33 percent of the total drug control budget expenditures for international drug interdiction efforts.
(7) In the late 1980’s and early 1990’s, counternarcotic
efforts were successful, specifically in protecting the borders
of the United States from penetration by illegal narcotics
through increased seizures by the United States Coast Guard
and other agencies, including a 302 percent increase in pounds
of cocaine seized between 1987 and 1991.
(8) Limiting the availability of narcotics to drug traffickers
in the United States had a promising effect as illustrated
by the decline of illicit drug use between 1988 and 1991,
through a—
(A) 13 percent reduction in total drug use;
(B) 35 percent drop in cocaine use; and
(C) 16 percent decrease in marijuana use.
(9) In 1993, drug interdiction efforts in the transit zones
were reduced due to an imbalance in the national drug control
strategy. This trend has continued through 1995 as shown
by the following figures:
(A) 35 percent for demand reduction programs.
(B) 53 percent for domestic law enforcement.
(C) 12 percent for international drug interdiction
efforts.
(10) Supply reduction efforts became a lower priority for
the Administration and the seizures by the United States Coast
Guard and other agencies decreased as shown by a 68 percent
decrease in the pounds of cocaine seized between 1991 and
1996.
(11) Reductions in funding for comprehensive interdiction
operations like OPERATION GATEWAY and OPERATION
STEELWEB, initiatives that encompassed all areas of interdiction and attempted to disrupt the operating methods of drug
smugglers along the entire United States border, have created
unprotected United States border areas which smugglers exploit
to move their product into the United States.
(12) The result of this new imbalance in the national drug
control strategy caused the drug situation in the United States
to become a crisis with serious consequences including—
(A) doubling of drug-abuse-related arrests for minors
between 1992 and 1996;
(B) 70 percent increase in overall drug use among
children aged 12 to 17;
(C) 80 percent increase in drug use for graduating
seniors since 1992;
(D) a sharp drop in the price of 1 pure gram of heroin
from $1,647 in 1992 to $966 in February 1996; and
(E) a reduction in the street price of 1 gram of cocaine
from $123 to $104 between 1993 and 1994.
(13) The percentage change in drug use since 1992, among
graduating high school students who used drugs in the past
12 months, has substantially increased—marijuana use is up
80 percent, cocaine use is up 80 percent, and heroin use is
up 100 percent.
(14) The Department of Defense has been called upon to
support counter-drug efforts of Federal law enforcement

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112 STAT. 2681–696

agencies that are carried out in source countries and through
transit zone interdiction, but in recent years Department of
Defense assets critical to those counter-drug activities have
been consistently diverted to missions that the Secretary of
Defense and the Chairman of the Joint Chiefs of Staff consider
a higher priority.
(15) The Secretary of Defense and the Chairman of the
Joint Chiefs of Staff, through the Department of Defense policy
referred to as the Global Military Force Policy, has established
the priorities for the allocation of military assets in the following order: (1) war; (2) military operations other than war that
might involve contact with hostile forces (such as peacekeeping
operations and noncombatant evacuations); (3) exercises and
training; and (4) operational tasking other than those involving
hostilities (including counter-drug activities and humanitarian
assistance).
(16) Use of Department of Defense assets is critical to
the success of efforts to stem the flow of illegal drugs from
source countries and through transit zones to the United States.
(17) The placement of counter-drug activities in the fourth
and last priority of the Global Military Force Policy list of
priorities for the allocation of military assets has resulted in
a serious deficiency in assets vital to the success of source
country and transit zone efforts to stop the flow of illegal
drugs into the United States.
(18) At present the United States faces few, if any, threats
from abroad greater than the threat posed to the Nation’s
youth by illegal and dangerous drugs.
(19) The conduct of counter-drug activities has the potential
for contact with hostile forces.
(20) The Department of Defense counter-drug activities
mission should be near the top, not among the last, of the
priorities for the allocation of Department of Defense assets
after the first priority for those assets for the war-fighting
mission of the Department of Defense.
(b) STATEMENT OF POLICY.—It is the policy of the United States
to—
(1) reduce the supply of drugs and drug use through an
enhanced drug interdiction effort in the major drug transit
countries, as well support a comprehensive supply country
eradication and crop substitution program, because a commitment of increased resources in international drug interdiction
efforts will create a balanced national drug control strategy
among demand reduction, law enforcement, and international
drug interdiction efforts; and
(2) develop and establish comprehensive drug interdiction
and drug eradication strategies, and dedicate the required
resources, to achieve the goal of reducing the flow of illegal
drugs into the United States by 80 percent by as early as
January 1, 2003.
Subtitle A—Enhanced Source and Transit Country Coverage
SEC. 811. EXPANSION OF RADAR COVERAGE AND OPERATION IN
SOURCE AND TRANSIT COUNTRIES.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are authorized
to be appropriated for the Department of the Treasury for fiscal

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PUBLIC LAW 105–277—OCT. 21, 1998

years 1999, 2000, and 2001 for the enhancement of radar coverage
in drug source and transit countries in the total amount of
$14,300,000 which shall be available for the following purposes:
(1) For restoration of radar, and operation and maintenance
of radar, in the Bahamas.
(2) For operation and maintenance of ground-based radar
at Guantanamo Bay Naval Base, Cuba.
(b) REPORT.—Not later than January 31, 1999, the Secretary
of Defense, in conjunction with the Director of Central Intelligence,
shall submit to the Committee on National Security, the Committee
on International Relations, and the Permanent Select Committee
on Intelligence of the House of Representatives and the Committee
on Armed Services, the Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate a report examining
the options available to the United States for improving Relocatable
Over the Horizon (ROTHR) capability to provide enhanced radar
coverage of narcotics source zone countries in South America and
transit zones in the Eastern Pacific. The report shall include—
(1) a discussion of the need and costs associated with
the establishment of a proposed fourth ROTHR site located
in the source or transit zones; and
(2) an assessment of the intelligence specific issues raised
if such a ROTHR facility were to be established in conjunction
with a foreign government.
SEC. 812. EXPANSION OF COAST GUARD DRUG INTERDICTION.

(a) OPERATING EXPENSES.—For operating expenses of the Coast
Guard associated with expansion of drug interdiction activities
around Puerto Rico, the United States Virgin Islands, and other
transit zone areas of operation, there is authorized to be appropriated to the Secretary of Transportation $151,500,000 for each
of fiscal years 1999, 2000, and 2001. Such amounts shall include
(but are not limited to) amounts for the following:
(1) For deployment of intelligent acoustic detection buoys
in the Florida Straits and Bahamas.
(2) For a nonlethal technology program to enhance countermeasures against the threat of transportation of drugs by socalled Go-Fast boats.
(b) ACQUISITION, CONSTRUCTION, AND IMPROVEMENT.—
(1) IN GENERAL.—For acquisition, construction, and
improvement of facilities and equipment to be used for expansion of Coast Guard drug interdiction activities, there is authorized to be appropriated to the Secretary of Transportation for
fiscal year 1999 the total amount of $630,300,000 which shall
be available for the following purposes:
(A) For maritime patrol aircraft sensors.
(B) For acquisition of deployable pursuit boats.
(C) For the acquisition and construction of up to 15
United States Coast Guard Coastal Patrol Boats.
(D) For—
(i) the reactivation of up to 3 United States Coast
Guard HU–25 Falcon jets;
(ii) the procurement of up to 3 C–37A aircraft;
or
(iii) the procurement of up to 3 C–20H aircraft.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–698

(E) For acquisition of installed or deployable electronic
sensors and communications systems for Coast Guard Cutters.
(F) For acquisition and construction of facilities and
equipment to support regional and international law
enforcement training and support in Puerto Rico, the
United States Virgin Islands, and the Caribbean Basin.
(G) For acquisition or conversion of maritime patrol
aircraft.
(H) For acquisition or conversion of up to 2 vessels
to be used as Coast Guard Medium or High Endurance
Cutters.
(I) For acquisition or conversion of up to 2 vessels
to be used as Coast Guard Cutters as support, command,
and control platforms for drug interdiction operations.
(J) For acquisition of up to 6 Coast Guard Medium
Endurance Cutters.
(2) CONTINUED AVAILABILITY.—Amounts appropriated
under this subsection may remain available until expended.
(c) REQUIREMENT TO ACCEPT PATROL CRAFT FROM DEPARTMENT
OF DEFENSE.—The Secretary of Transportation shall accept, for
use by the Coast Guard for expanded drug interdiction activities,
7 PC–170 patrol craft if offered by the Department of Defense.
SEC. 813. EXPANSION OF AIRCRAFT COVERAGE AND OPERATION IN
SOURCE AND TRANSIT COUNTRIES.

(a) DEPARTMENT OF THE TREASURY.—Funds are authorized to
be appropriated for the Department of the Treasury for fiscal years
1999, 2000, and 2001 for the enhancement of air coverage and
operation for drug source and transit countries in the total amount
of $886,500,000 which shall be available for the following purposes:
(1) For procurement of 10 P–3B Early Warning aircraft
for the United States Customs Service to enhance overhead
air coverage of drug source zone countries.
(2) For the procurement and deployment of 10 P–3B Slick
airplanes for the United States Customs Service to enhance
overhead air coverage of the drug source zone.
(3) In fiscal years 2000 and 2001, for operation and maintenance of 10 P–3B Early Warning aircraft for the United States
Customs Service to enhance overhead air coverage of drug
source zone countries.
(4) For personnel for the 10 P–3B Early Warning aircraft
for the United States Customs Service to enhance overhead
air coverage of drug source zone countries.
(5) In fiscal years 2000 and 2001, for operation and maintenance of 10 P–3B Slick airplanes for the United States Customs
Service to enhance overhead coverage of the drug source zone.
(6) For personnel for the 10 P–3B Slick airplanes for the
United States Customs Service to enhance overhead air coverage of drug source zone countries.
(7) For construction and furnishing of an additional facility
for the P–3B aircraft.
(8) For operation and maintenance for overhead air coverage for source countries.
(9) For operation and maintenance for overhead coverage
for the Caribbean and Eastern Pacific regions.

112 STAT. 2681–699

PUBLIC LAW 105–277—OCT. 21, 1998

(10) For purchase and for operation and maintenance of
3 RU–38A observation aircraft (to be piloted by pilots under
contract with the United States).
(b) REPORT.—Not later than January 31, 1999, the Secretary
of Defense, in consultation with the Secretary of State and the
Director of Central Intelligence, shall submit to the Committee
on National Security, the Committee on International Relations,
and the Permanent Select Committee on Intelligence of the House
of Representatives and to the Committee on Armed Services, the
Committee on Foreign Relations, and the Select Committee on
Intelligence of the Senate a report examining the options available
in the source and transit zones to replace Howard Air Force Base
in Panama and specifying the requirements of the United States
to establish an airbase or airbases for use in support of counternarcotics operations to optimize operational effectiveness in the
source and transit zones. The report shall identify the following:
(1) The specific requirements necessary to support the
national drug control policy of the United States.
(2) The estimated construction, operation, and maintenance
costs for a replacement counterdrug airbase or airbases in
the source and transit zones.
(3) Possible interagency cost sharing arrangements for a
replacement airbase or airbases.
(4) Any legal or treaty-related issues regarding the replacement airbase or airbases.
(5) A summary of completed alternative site surveys for
the airbase or airbases.
(c) TRANSFER OF AIRCRAFT.—The Secretary of the Navy shall
transfer to the United States Customs Service—
(1) ten currently retired and previously identified heavyweight P–3B aircraft for modification into P–3 AEW&C aircraft;
and
(2) ten currently retired and previously identified heavyweight P–3B aircraft for modification into P–3 Slick aircraft.
Subtitle B—Enhanced Eradication and Interdiction Strategy
in Source Countries
SEC. 821. ADDITIONAL ERADICATION RESOURCES FOR COLOMBIA.

(a) DEPARTMENT OF STATE.—Funds are authorized to be appropriated for the Department of State for fiscal years 1999, 2000,
and 2001 for the enhancement of drug-related eradication efforts
in Colombia in the total amount of $201,250,000 which shall be
available for the following purposes:
(1) For each such fiscal year for sustaining support of
the helicopters and fixed wing fleet of the national police of
Colombia.
(2) For the purchase of DC–3 transport aircraft for the
national police of Colombia.
(3) For acquisition of resources needed for prison security
in Colombia.
(4) For the purchase of minigun systems for the national
police of Colombia.
(5) For the purchase of 6 UH–60L Black Hawk utility
helicopters for the national police of Colombia and for operation,
maintenance, and training relating to such helicopters.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–700

(6) For procurement, for upgrade of 50 UH–1H helicopters
to the Huey II configuration equipped with miniguns for the
use of the national police of Colombia.
(7) For the repair and rebuilding of the antinarcotics base
in southern Colombia.
(8) For providing sufficient and adequate base and force
security for any rebuilt facility in southern Colombia, and the
other forward operating antinarcotics bases of the Colombian
National Police antinarcotics unit.
(b) COUNTERNARCOTICS ASSISTANCE.—
(1) LIMITATION ON PROVISION OF ASSISTANCE.—Except as
provided in paragraph (2), United States counternarcotics
assistance may not be provided for the Government of Colombia
under this title or under any other provision of law on or
after the date of enactment of this Act if the Government
of Colombia negotiates or permits the establishment of any
demilitarized zone in which the eradication of drug production
by the security forces of Colombia, including the Colombian
National Police antinarcotics unit, is prohibited.
(2) EXCEPTION.—If the Government of Colombia negotiates
or permits the establishment of a demilitarized zone described
in paragraph (1), United States counternarcotics assistance may
be provided for the Government of Colombia for a period of
up to 90 consecutive days upon a finding by the President
that providing such assistance is in the national interest of
the United States.
(3) NOTIFICATION.—In each case in which counternarcotics
assistance is provided for the Government of Colombia as a
result of a finding by the President described in paragraph
(2), the President shall notify the Committees on Appropriations
and the authorizing committees of jurisdiction of the House
of Representatives and the Senate not later than 5 days after
such assistance is provided.
SEC. 822. ADDITIONAL ERADICATION RESOURCES FOR PERU.

(a) DEPARTMENT OF STATE.—Funds are authorized to be appropriated for the Department of State for fiscal years 1999, 2000,
and 2001 for the establishment of a third drug interdiction site
in Peru to support air bridge and riverine missions for enhancement
of drug-related eradication efforts in Peru, in the total amount
of $3,000,000, and an additional amount of $1,000,000 for each
of fiscal years 2000 and 2001 for operation and maintenance.
(b) DEPARTMENT OF DEFENSE STUDY.—The Secretary of Defense
shall conduct a study of Peruvian counternarcotics air interdiction
requirements and, not later than 90 days after the date of enactment of this Act, submit to Congress a report on the results of
the study. The study shall include a review of the Peruvian Air
Force’s current and future requirements for counternarcotics air
interdiction to complement the Peruvian Air Force’s A–37 capability.
SEC. 823. ADDITIONAL ERADICATION RESOURCES FOR BOLIVIA.

Funds are authorized to be appropriated for the Department
of State for fiscal years 1999, 2000, and 2001 for enhancement
of drug-related eradication efforts in Bolivia in the total amount
of $17,000,000 which shall be available for the following purposes:
(1) For support of air operations in Bolivia.
(2) For support of riverine operations in Bolivia.
(3) For support of coca eradication programs.

22 USC 2291
note.

112 STAT. 2681–701

PUBLIC LAW 105–277—OCT. 21, 1998

(4) For procurement of 2 mobile x-ray machines, with operation and maintenance support.
SEC. 824. MISCELLANEOUS ADDITIONAL ERADICATION RESOURCES.

Funds are authorized to be appropriated for the Department
of State for fiscal years 1999, 2000, and 2001 for enhanced precursor
chemical control projects, in the total amount of $500,000.
SEC.

825.

BUREAU OF INTERNATIONAL
ENFORCEMENT AFFAIRS.

NARCOTICS

AND

LAW

(a) SENSE OF CONGRESS RELATING TO PROFESSIONAL QUALIFICATIONS OF OFFICIALS RESPONSIBLE FOR INTERNATIONAL NARCOTICS
CONTROL.—It is the sense of Congress that any individual serving
in the position of assistant secretary in any department or agency
of the Federal Government who has primary responsibility for international narcotics control and law enforcement, and the principal
deputy of any such assistant secretary, shall have substantial
professional qualifications in the fields of—
(1) management;
(2) Federal law enforcement or intelligence; and
(3) foreign policy.
(b) SENSE OF CONGRESS RELATING TO DEFICIENCIES IN INTERNATIONAL NARCOTICS ASSISTANCE ACTIVITIES.—It is the sense of
Congress that the responsiveness and effectiveness of international
narcotics assistance activities under the Department of State have
been severely hampered due, in part, to the lack of law enforcement
expertise by responsible personnel in the Department of State.
Subtitle C—Enhanced Alternative Crop Development
Support in Source Zone
SEC. 831. ALTERNATIVE CROP DEVELOPMENT SUPPORT.

Funds are authorized to be appropriated for the United States
Agency for International Development for fiscal years 1999, 2000,
and 2001 for alternative development programs in the total amount
of $180,000,000 which shall be available as follows:
(1) In the Guaviare, Putumayo, and Caqueta regions in
Colombia.
(2) In the Ucayali, Apurimac, and Huallaga Valley regions
in Peru.
(3) In the Chapare and Yungas regions in Bolivia.
SEC. 832. AUTHORIZATION OF APPROPRIATIONS FOR AGRICULTURAL
RESEARCH SERVICE COUNTERDRUG RESEARCH AND
DEVELOPMENT ACTIVITIES.

(a) IN GENERAL.—There is authorized to be appropriated to
the Secretary of Agriculture for each of fiscal years 1999, 2000,
and 2001, $23,000,000 to support the counternarcotics research
efforts of the Agricultural Research Service of the Department
of Agriculture. Of that amount, funds are authorized as follows:
(1) $5,000,000 shall be used for crop eradication technologies.
(2) $2,000,000 shall be used for narcotics plant identification, chemistry, and biotechnology.
(3) $1,000,000 shall be used for worldwide crop identification, detection tagging, and production estimation technology.
(4) $5,000,000 shall be used for improving the disease
resistance, yield, and economic competitiveness of commercial

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–702

crops that can be promoted as alternatives to the production
of narcotics plants.
(5) $10,000,000 to contract with entities meeting the criteria described in subsection (b) for the product development,
environmental testing, registration, production, aerial distribution system development, product effectiveness monitoring, and
modification of multiple herbicides to control narcotic crops
(including coca, poppy, and cannabis) in the United States
and internationally.
(b) CRITERIA FOR ELIGIBLE ENTITIES.—An entity under this
subsection is an entity which possesses—
(1) experience in diseases of narcotic crops;
(2) intellectual property involving seed-borne dispersal
formulations;
(3) the availability of state-of-the-art containment or quarantine facilities;
(4) country-specific herbicide formulations;
(5) specialized fungicide resistant formulations; or
(6) special security arrangements.
SEC. 833. MASTER PLAN FOR HERBICIDES TO CONTROL NARCOTIC
CROPS.

(a) IN GENERAL.—The Director of the Office of National Drug
Control Policy shall develop a 10-year master plan for the use
of herbicides to control narcotic crops (including coca, poppy, and
cannabis) in the United States and internationally.
(b) COORDINATION.—The Director shall develop the plan in
coordination with—
(1) the Department of Agriculture;
(2) the Drug Enforcement Administration of the Department of Justice;
(3) the Department of Defense;
(4) the Environmental Protection Agency;
(5) the Bureau for International Narcotics and Law
Enforcement Activities of the Department of State;
(6) the United States Information Agency; and
(7) other appropriate agencies.
(c) REPORT.—Not later than March 1, 1999, the Director of
the Office of National Drug Control Policy shall submit to Congress
a report describing the activities undertaken to carry out this
section.
SEC. 834. AUTHORIZATION OF USE OF ENVIRONMENTALLY-APPROVED
HERBICIDES TO ELIMINATE ILLICIT NARCOTICS CROPS.

The Secretary of State, the Attorney General, the Secretary
of Agriculture, the Secretary of Defense, the Director of the Office
of National Drug Control Policy, and the Administrator of the
Environmental Protection Agency are authorized to support the
development and use of environmentally-approved herbicides to
eliminate illicit narcotics crops, including coca, cannabis, and opium
poppy, both in the United States and in foreign countries.

21 USC 1713.

112 STAT. 2681–703

PUBLIC LAW 105–277—OCT. 21, 1998

Subtitle D—Enhanced International Law Enforcement
Training
SEC. 841. ENHANCED INTERNATIONAL LAW ENFORCEMENT ACADEMY
TRAINING.

(a) MARITIME LAW ENFORCEMENT TRAINING CENTER.—Funds
are authorized to be appropriated for the Department of Transportation and the Department of the Treasury for fiscal years 1999,
2000, and 2001 for the joint establishment, operation, and maintenance in San Juan, Puerto Rico, of a center for training law enforcement personnel of countries located in the Latin American and
Caribbean regions in matters relating to maritime law enforcement,
including customs-related ports management matters, as follows:
(1) For each such fiscal year for funding by the Department
of Transportation, $1,500,000.
(2) For each such fiscal year for funding by the Department
of the Treasury, $1,500,000.
(b) UNITED STATES COAST GUARD INTERNATIONAL MARITIME
TRAINING VESSEL.—Funds are authorized to be appropriated for
the Department of Transportation for fiscal years 1999, 2000, and
2001 for the establishment, operation, and maintenance of maritime
training vessels in the total amount of $15,000,000 which shall
be available for the following purposes:
(1) For a vessel for international maritime training, which
shall visit participating Latin American and Caribbean nations
on a rotating schedule in order to provide law enforcement
training and to perform maintenance on participating national
assets.
(2) For support of the United States Coast Guard Balsam
Class Buoy Tender training vessel.
SEC. 842. ENHANCED UNITED STATES DRUG ENFORCEMENT INTERNATIONAL TRAINING.

(a) MEXICO.—Funds are authorized to be appropriated for the
Department of Justice for fiscal years 1999, 2000, and 2001 for
substantial exchanges for Mexican judges, prosecutors, and police,
in the total amount of $2,000,000 for each such fiscal year. The
Attorney General shall consult with the Secretary of State regarding
such exchanges.
(b) BRAZIL.—Funds are authorized to be appropriated for the
Department of Justice for fiscal years 1999, 2000, and 2001 for
enhanced support for the Brazilian Federal Police Training Center,
in the total amount of $1,000,000 for each such fiscal year. The
Attorney General shall consult with the Secretary of State regarding
such enhanced support.
(c) PANAMA.—
(1) IN GENERAL.—Funds are authorized to be appropriated
for the Department of Transportation for fiscal years 1999,
2000, and 2001 for operation and maintenance, for locating
and operating Coast Guard assets so as to strengthen the
capability of the Coast Guard of Panama to patrol the Atlantic
and Pacific coasts of Panama for drug enforcement and interdiction activities, in the total amount of $1,000,000 for each such
fiscal year. The Secretary of Transportation shall consult with
the Secretary of State regarding the location and operation
of such assets for such purposes.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–704

(2) ELIGIBILITY TO RECEIVE TRAINING.—Notwithstanding
any other provision of law, members of the national police
of Panama shall be eligible to receive training through the
International Military Education Training program.
(d) VENEZUELA.—There are authorized to be appropriated for
the Department of Justice for each of fiscal years 1999, 2000,
and 2001, $1,000,000 for operation and maintenance, for support
for the Venezuelan Judicial Technical Police Counterdrug Intelligence Center. The Attorney General shall consult with the Secretary of State regarding such support.
(e) ECUADOR.—
(1) IN GENERAL.—Funds are authorized to be appropriated
for the Department of Transportation and the Department of
the Treasury for each of fiscal years 1999, 2000, and 2001
for the buildup of local coast guard and port control in
Guayaquil and Esmeraldas, Ecuador, as follows:
(A) For each such fiscal year for the Department of
Transportation, $500,000.
(B) For each such fiscal year for the Department of
the Treasury, $500,000.
(2) CONSULTATION.—The Secretary of Transportation and
the Secretary of the Treasury shall consult with the Secretary
of State regarding the buildup described in paragraph (1).
(f) HAITI AND THE DOMINICAN REPUBLIC.—Funds are authorized
to be appropriated for the Department of the Treasury for each
of fiscal years 1999, 2000, and 2001, $500,000 for the buildup
of local coast guard and port control in Haiti and the Dominican
Republic. The Secretary of the Treasury shall consult with the
Secretary of State regarding such buildup of local coast guard
and port patrol.
(g) CENTRAL AMERICA.—There are authorized to be appropriated for the Department of the Treasury for each of fiscal years
1999, 2000, and 2001, $12,000,000 for the buildup of local coast
guard and port control in Belize, Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. The Secretary of the Treasury
shall consult with the Secretary of State regarding such buildup
of local coast guard and port patrol.
SEC. 843. PROVISION OF NONLETHAL EQUIPMENT TO FOREIGN LAW
ENFORCEMENT ORGANIZATIONS FOR COOPERATIVE
ILLICIT NARCOTICS CONTROL ACTIVITIES.

(a) IN GENERAL.—(1) Subject to paragraph (2), the Administrator of the Drug Enforcement Administration, in consultation
with the Secretary of State, may transfer or lease each year nonlethal equipment to foreign law enforcement organizations for the
purpose of establishing and carrying out cooperative illicit narcotics
control activities.
(2)(A) The Administrator may transfer or lease equipment
under paragraph (1) only if the equipment is not designated as
a munitions item or controlled on the United States Munitions
List pursuant to section 38 of the Arms Export Control Act.
(B) The value of each piece of equipment transferred or leased
under paragraph (1) may not exceed $100,000.
(b) ADDITIONAL REQUIREMENT.—The Administrator shall provide for the maintenance and repair of any equipment transferred
or leased under subsection (a).

22 USC 2291–5.

112 STAT. 2681–705

PUBLIC LAW 105–277—OCT. 21, 1998

(c) NOTIFICATION REQUIREMENT.—Before the export of any item
authorized for transfer under subsection (a), the Administrator
shall provide written notice to the Committee on Foreign Relations
of the Senate and the Committee on International Relations of
the House of Representatives in accordance with the procedures
applicable to reprogramming notifications under section 634A of
the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1).
(d) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) all United States law enforcement personnel serving
in Mexico should be accredited the same status under the
Vienna Convention on Diplomatic Immunity as other diplomatic
personnel serving at United States posts in Mexico; and
(2) all Mexican narcotics law enforcement personnel serving
in the United States should be accorded the same diplomatic
status as Drug Enforcement Administration personnel serving
in Mexico.
Subtitle E—Enhanced Drug Transit and Source Zone Law
Enforcement Operations and Equipment
SEC. 851. INCREASED FUNDING FOR OPERATIONS AND EQUIPMENT;
REPORT.

(a) DRUG ENFORCEMENT ADMINISTRATION.—Funds are authorized to be appropriated for the Drug Enforcement Administration
for fiscal years 1999, 2000, and 2001 for enhancement of
counternarcotic operations in drug transit and source countries
in the total amount of $58,900,000 which shall be available for
the following purposes:
(1) For support of the Merlin program.
(2) For support of the intercept program.
(3) For support of the development and implementation
of automation systems to support investigative and intelligence
requirements.
(4) For support of the Caribbean Initiative.
(5) For the hire of special agents, administrative and investigative support personnel, and intelligence analysts for the
support of overseas investigations.
(b) DEPARTMENT OF STATE.—Funds are authorized to be appropriated for the Department of State for fiscal year 1999, 2000,
and 2001 for the deployment of commercial unclassified intelligence
and imaging data and a Passive Coherent Location System for
counternarcotics and interdiction purposes in the Western Hemisphere, the total amount of $20,000,000.
(c) DEPARTMENT OF THE TREASURY.—Funds are authorized to
be appropriated for the United States Customs Service for fiscal
years 1999, 2000, and 2001 for enhancement of counternarcotic
operations in drug transit and source countries in the total amount
of $71,500,000 which shall be available for the following purposes:
(1) For refurbishment of up to 30 interceptor and Blue
Water Platform vessels in the Caribbean maritime fleet.
(2) For purchase of up to 9 new interceptor vessels in
the Caribbean maritime fleet.
(3) For the hire and training of up to 25 special agents
for maritime operations in the Caribbean.
(4) For purchase of up to 60 automotive vehicles for ground
use in South Florida.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–706

(5) For each such fiscal year for operation and maintenance
support for up to 10 United States Customs Service Citations
Aircraft to be dedicated for the source and transit zone.
(6) For purchase of non-intrusive inspection systems
consistent with the United States Customs Service 5-year technology plan, including truck x-rays and gamma-imaging for
drug interdiction purposes at high-threat seaports and land
border ports of entry.
(d) DEPARTMENT OF DEFENSE REPORT.—Not later than January
31, 1999, the Secretary of Defense, in consultation with the Director
of the Office of National Drug Control Policy, shall submit to Congress a report examining and proposing recommendations regarding
any organizational changes to optimize counterdrug activities,
including alternative cost-sharing arrangements regarding the following facilities:
(1) The Joint Inter-Agency Task Force, East, Key West,
Florida.
(2) The Joint Inter-Agency Task Force, West, Alameda,
California.
(3) The Joint Inter-Agency Task Force, South, Panama
City, Panama.
(4) The Joint Task Force 6, El Paso, Texas.
SEC. 852. FUNDING FOR COMPUTER SOFTWARE AND HARDWARE TO
FACILITATE DIRECT COMMUNICATION BETWEEN DRUG
ENFORCEMENT AGENCIES.

(a) AUTHORIZATION.—Funds are authorized to be appropriated
for the development and purchase of computer software and hardware to facilitate direct communication between agencies that perform work relating to the interdiction of drugs at United States
borders, including the United States Customs Service, the Border
Patrol, the Federal Bureau of Investigation, the Drug Enforcement
Agency, and the Immigration and Naturalization Service, in the
total amount of $50,000,000.
(b) AVAILABILITY.—Funds authorized pursuant to the authorization of appropriations in subsection (a) shall remain available until
expended.
SEC. 853. SENSE OF CONGRESS REGARDING PRIORITY OF DRUG INTERDICTION AND COUNTERDRUG ACTIVITIES.

It is the sense of Congress that the Secretary of Defense should
revise the Global Military Force Policy of the Department of Defense
in order—
(1) to treat the international drug interdiction and counterdrug activities of the Department as a military operation other
than war, thereby elevating the priority given such activities
under the Policy to the next priority below the priority given
to war under the Policy and to the same priority as is given
to peacekeeping operations under the Policy; and
(2) to allocate the assets of the Department to drug interdiction and counter-drug activities in accordance with the priority
given those activities.
Subtitle F—Relationship to Other Laws
SEC. 861. AUTHORIZATIONS OF APPROPRIATIONS.

The funds authorized to be appropriated for any department
or agency of the Federal Government for fiscal years 1999, 2000,

112 STAT. 2681–707

PUBLIC LAW 105–277—OCT. 21, 1998

or 2001 by this title are in addition to funds authorized to be
appropriated for that department or agency for fiscal year 1999,
2000, or 2001 by any other provision of law.
Controlled
Substances
Trafficking
Prohibition Act.
21 USC 801 note.

Subtitle G—Trafficking in Controlled Substances
SEC. 871. SHORT TITLE.

This subtitle may be cited as the ‘‘Controlled Substances
Trafficking Prohibition Act’’.
SEC. 872. LIMITATION.

21 USC 956 note.

21 USC 956 note.

Drug-Free
Workplace Act of
1998.
15 USC 631 note.

15 USC 654 note.

(a) AMENDMENT.—Section 1006(a) of the Controlled Substances
Import and Export Act (21 U.S.C. 956(a)) is amended—
(1) by striking ‘‘The Attorney General’’ and inserting ‘‘(1)
Subject to paragraph (2), the Attorney General’’; and
(2) by adding at the end the following:
‘‘(2) Notwithstanding any exemption under paragraph (1), a
United States resident who enters the United States through an
international land border with a controlled substance (except a
substance in schedule I) for which the individual does not possess
a valid prescription issued by a practitioner (as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802)) in accordance
with applicable Federal and State law (or documentation that verifies the issuance of such a prescription to that individual) may
not import the controlled substance into the United States in an
amount that exceeds 50 dosage units of the controlled substance.’’.
(b) FEDERAL MINIMUM REQUIREMENT.—Section 1006(a)(2) of
the Controlled Substances Import and Export Act, as added by
subsection (a), is a minimum Federal requirement and shall not
be construed to limit a State from imposing any additional requirement.
(c) EXTENT.—The amendment made by subsection (a) shall
not be construed to affect the jurisdiction of the Secretary of Health
and Human Services under the Federal Food, Drug and Cosmetic
Act (21 U.S.C. 301 et seq.).
TITLE IX—DRUG-FREE WORKPLACE ACT
SEC. 901. SHORT TITLE.

This title may be cited as the ‘‘Drug-Free Workplace Act of
1998’’.
SEC. 902. FINDINGS; PURPOSES.

(a) FINDINGS.—Congress finds that—
(1) 74 percent of adults who use illegal drugs are employed;
(2) small business concerns employ over 50 percent of the
Nation’s workforce;
(3) in more than 88 percent of families with children under
the age of 18, at least 1 parent is employed; and
(4) employees who use and abuse addictive illegal drugs
and alcohol increase costs for businesses and risk the health
and safety of all employees because—
(A) absenteeism is 66 percent higher among drug users
than individuals who do not use drugs;
(B) health benefit utilization is 300 percent higher
among drug users than individuals who do not use drugs;
(C) 47 percent of workplace accidents are drug-related;

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–708

(D) disciplinary actions are 90 percent higher among
drug users than among individuals who do not use drugs;
and
(E) employee turnover is significantly higher among
drug users than among individuals who do not use drugs.
(b) PURPOSES.—The purposes of this title are to—
(1) educate small business concerns about the advantages
of a drug-free workplace;
(2) provide grants and technical assistance in addition to
financial incentives to enable small business concerns to create
a drug-free workplace;
(3) assist working parents in keeping their children drugfree; and
(4) encourage small business employers and employees
alike to participate in drug-free workplace programs.
SEC. 903. SENSE OF CONGRESS.

15 USC 654 note.

It is the sense of Congress that—
(1) businesses should adopt drug-free workplace programs;
(2) States should consider incentives to encourage
businesses to adopt drug-free workplace programs; and
(3) such incentives may include—
(A) financial incentives, including—
(i) a reduction in workers’ compensation premiums;
(ii) a reduction in unemployment insurance premiums; and
(iii) tax deductions in an amount equal to the amount
of expenditures for employee assistance programs,
treatment, or illegal drug testing; and
(B) other incentives, such as the adoption of liability
limitations, as recommended by the President’s Commission on Model State Drug Laws.
SEC. 904. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM.

Section 27 of the Small Business Act (15 U.S.C. 654) is amended
to read as follows:
‘‘SEC. 27. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DRUG-FREE WORKPLACE PROGRAM.—The term ‘drugfree workplace program’ means a program that includes—
‘‘(A) a written policy, including a clear statement of
expectations for workplace behavior, prohibitions against
reporting to work or working under the influence of illegal
drugs or alcohol, prohibitions against the use or possession
of illegal drugs in the workplace, and the consequences
of violating those expectations and prohibitions;
‘‘(B) drug and alcohol abuse prevention training for
a total of not less than 2 hours for each employee, and
additional voluntary drug and alcohol abuse prevention
training for employees who are parents;
‘‘(C) employee illegal drug testing, with analysis conducted by a drug testing laboratory certified by the Substance Abuse and Mental Health Services Administration,
or approved by the College of American Pathologists for
forensic drug testing, and a review of each positive test
result by a medical review officer;

15 USC 654.

112 STAT. 2681–709

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(D) employee access to an employee assistance program, including confidential assessment, referral, and
short-term problem resolution; and
‘‘(E) continuing alcohol and drug abuse prevention education.
‘‘(2) ELIGIBLE INTERMEDIARY.—The term ‘eligible intermediary’ means an organization—
‘‘(A) that has not less than 2 years of experience in
carrying out drug-free workplace programs;
‘‘(B) that has a drug-free workplace policy in effect;
‘‘(C) that is located in a State, the District of Columbia,
or a territory of the United States; and
‘‘(D) the purpose of which is—
‘‘(i) to develop comprehensive drug-free workplace
programs or to supply drug-free workplace services;
or
‘‘(ii) to provide other forms of assistance and services to small business concerns.
‘‘(3) EMPLOYEE.—The term ‘employee’ includes any—
‘‘(A) applicant for employment;
‘‘(B) employee;
‘‘(C) supervisor;
‘‘(D) manager;
‘‘(E) officer of a small business concern who is active
in management of the concern; and
‘‘(F) owner of a small business concern who is active
in management of the concern.
‘‘(4) MEDICAL REVIEW OFFICER.—The term ‘medical review
officer’—
‘‘(A) means a licensed physician with knowledge of
substance abuse disorders; and
‘‘(B) does not include any—
‘‘(i) employee of the small business concern; or
‘‘(ii) employee or agent of, or any person having
a financial interest in, the laboratory for which the
illegal drug test results are being reviewed.
‘‘(b) ESTABLISHMENT.—There is established a drug-free workplace demonstration program, under which the Administrator may
make grants to, or enter into cooperative agreements or contracts
with, eligible intermediaries for the purpose of providing financial
and technical assistance to small business concerns seeking to establish a drug-free workplace program.
‘‘(c) PRIVACY PROTECTION FOR EMPLOYEES PARTICIPATING IN
A DRUG-FREE WORKPLACE PROGRAM.—Each drug-free workplace
program established with assistance made available under this
section shall—
‘‘(1) include, as reasonably necessary and appropriate, practices and procedures to ensure the confidentiality of illegal
drug test results and of any participation by an employee
in a rehabilitation program;
‘‘(2) prohibit the mandatory disclosure of medical information by an employee prior to a confirmed positive illegal drug
test; and
‘‘(3) require that a medical review officer reviewing illegal
drug test results shall report only the final results, limited
to those drugs for which the employee tests positive, in writing

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–710

and in a manner designed to ensure the confidentiality of
the results.
‘‘(d) EVALUATION AND COORDINATION.—Not later than 18
months after the date of enactment of the Drug-Free Workplace
Act of 1998, the Administrator, in coordination with the Secretary
of Labor, the Secretary of Health and Human Services, and the
Director of National Drug Control Policy, shall—
‘‘(1) evaluate the drug-free workplace programs established
with assistance made available under this section; and
‘‘(2) submit to Congress a report describing the results
of the evaluation under paragraph (1).
‘‘(e) CONTRACT AUTHORITY.—In carrying out this section, the
Administrator may—
‘‘(1) contract with public and private entities to provide
assistance related to carrying out the program under this section; and
‘‘(2) compensate those entities for provision of that assistance.
‘‘(f) CONSTRUCTION.—Nothing in this section may be construed
to require an employer who attends a program offered by an intermediary to contract for any service offered by the intermediary.
‘‘(g) AUTHORIZATION.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section, $10,000,000 for fiscal years 1999
and 2000. Amounts made available under this subsection shall
remain available until expended.
‘‘(2) SMALL BUSINESS DEVELOPMENT CENTERS.—Of the total
amount made available under this subsection, not more than
the greater of 10 percent or $1,000,000 may be used to carry
out section 21(c)(3)(T).’’.
SEC. 905. SMALL BUSINESS DEVELOPMENT CENTERS.

Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3))
is amended—
(1) in subparagraph (R), by striking ‘‘and’’ at the end;
(2) in subparagraph (S), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(T) providing information and assistance to small business
concerns with respect to establishing drug-free workplace programs on or before October 1, 2000.’’.
TITLE X—CANYON FERRY RESERVOIR, MONTANA, ACT
SECTION 1001. FINDINGS.

Congress finds that the conveyance of the properties described
in section 4(b) to the lessees of those properties for fair market
value would have the beneficial results of—
(1) reducing Pick-Sloan project debt for the Canyon Ferry
Unit;
(2) providing a permanent source of funding to acquire
publicly accessible land and interests in land, including easements and conservation easements, in the State from willing
sellers at fair market value to—
(A) restore and conserve fisheries habitat, including
riparian habitat;
(B) restore and conserve wildlife habitat;

Reports.

112 STAT. 2681–711

PUBLIC LAW 105–277—OCT. 21, 1998

(C) enhance public hunting, fishing, and recreational
opportunities; and
(D) improve public access to public land;
(3) eliminating Federal payments in lieu of taxes and associated management expenditures in connection with the Federal
Government’s ownership of the properties while increasing local
tax revenues from the new owners; and
(4) eliminating expensive and contentious disputes between
the Secretary and leaseholders while ensuring that the Federal
Government receives full and fair value for the properties.
SEC. 1002. PURPOSES.

The purposes of this Act are to—
(1) establish terms and conditions under which the Secretary of the Interior shall, for fair market value, convey certain
properties around Canyon Ferry Reservoir, Montana, to private
parties; and
(2) acquire certain land for fish and wildlife conservation
purposes.
SEC. 1003. DEFINITIONS.

In this Act:
(1) CANYON FERRY-BROADWATER COUNTY TRUST.—The term
‘‘Canyon Ferry-Broadwater County Trust’’ means the Canyon
Ferry-Broadwater County Trust established under section 8.
(2) CFRA.—The term ‘‘CFRA’’ means the Canyon Ferry
Recreation Association, Incorporated, a Montana corporation.
(3) COMMISSIONERS.—The term ‘‘Commissioners’’ means the
Board of Commissioners for Broadwater County, Montana.
(4) LEASE.—The term ‘‘lease’’ means a lease or permit in
effect on the date of enactment of this Act that gives a leaseholder the right to occupy a property.
(5) LESSEE.—The term ‘‘lessee’’ means—
(A) the leaseholder of 1 of the properties on the date
of enactment of this Act; and
(B) the leaseholder’s heirs, executors, and assigns of
the leasehold interest in the property.
(6) MONTANA FISH AND WILDLIFE CONSERVATION TRUST.—
The term ‘‘Montana Fish and Wildlife Conservation Trust’’
means the Montana Fish and Wildlife Conservation Trust
established under section 7.
(7) PROJECT.—The term ‘‘project’’ means the Canyon Ferry
Unit of the Pick-Sloan Missouri River Basin Project.
(8) PROPERTY.—
(A) IN GENERAL.—The term ‘‘property’’ means 1 of the
cabin sites described in section 4(b).
(B) USE IN THE PLURAL.—The term ‘‘properties’’ means
all 265 of the properties and any contiguous parcels
referred to in section 4(b)(1)(B).
(9) PURCHASER.—The term ‘‘purchaser’’ means a person
or entity, excluding CFRA or a lessee, that purchases the
properties under section 4.
(10) RESERVOIR.—The term ‘‘Reservoir’’ means the Canyon
Ferry Reservoir, Montana.
(11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.
(12) STATE.—The term ‘‘State’’ means the State of Montana.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–712

SEC. 1004. SALE OF PROPERTIES.

(a) IN GENERAL.—Consistent with the Act of June 17, 1902
(32 Stat. 388, chapter 1093) and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.), the Secretary shall convey
to CFRA or a purchaser—
(1) all right, title, and interest (except the mineral estate)
of the United States in and to the properties, subject to valid
existing rights and the operational requirements of the PickSloan Missouri River Basin Program; and
(2) perpetual easements for—
(A) vehicular access to each property;
(B) access to and use of 1 dock per property; and
(C) access to and use of all boathouses, ramps, retaining walls, and other improvements for which access is
provided in the leases as of the date of enactment of this
Act.
(b) DESCRIPTION OF PROPERTIES.—
(1) IN GENERAL.—The properties to be conveyed are—
(A) the 265 cabin sites of the Bureau of Reclamation
located along the northern end of the Reservoir in portions
of sections 2, 11, 12, 13, 15, 22, 23, and 26, Township
10 North, Range 1 West; and
(B) any small parcel contiguous to any property (not
including shoreline or land needed to provide public access
to the shoreline of the Reservoir) that the Secretary determines should be conveyed in order to eliminate an inholding
and facilitate administration of surrounding land remaining in Federal ownership.
(2) ACREAGE; LEGAL DESCRIPTION.—The acreage and legal
description of each property and of each parcel shall be determined by the Secretary in consultation with CFRA.
(3) RESTRICTIVE USE COVENANT.—
(A) IN GENERAL.—In order to maintain the unique character of the Reservoir area, the Secretary, the purchaser,
CFRA, and each subsequent owner of each property shall
covenant that the use restrictions to carry out subparagraphs (B) and (C) shall—
(i) be appurtenant to, and run, with each property;
and
(ii) be binding on each subsequent owner of each
property.
(B) ACCESS TO RESERVOIR.—
(i) IN GENERAL.—The Secretary, the purchaser,
CFRA, and the subsequent owners of each property
shall ensure that—
(I) public access to and along the shoreline
of the Reservoir in existence on the date of enactment of this Act is not obstructed; and
(II) adequate public access to and along the
shoreline of the Reservoir is maintained.
(ii) FEDERAL RECLAMATION LAW.—
(I) IN GENERAL.—No conveyance of property
under this Act shall restrict or limit the authority
or ability of the Secretary to fulfill the duties of
the Secretary under the Act of June 17, 1902 (32
Stat. 388, chapter 1093), and Acts supplemental

112 STAT. 2681–713

PUBLIC LAW 105–277—OCT. 21, 1998

to and amendatory of that Act (43 U.S.C. 371
et seq.).
(II) NO LIABILITY.—The operation of the Reservoir by the Secretary in fulfillment of the duties
described in subclause (I) shall not result in liability for damages, direct or indirect, to the owner
of any property conveyed under section 4(a) or
damages from any loss of use or enjoyment of
the property.
(C) HISTORICAL USE.—The Secretary, the purchaser,
CFRA, and each subsequent owner of each property shall
covenant that future uses of the property shall be limited
to the type and intensity of uses in existence on the date
of enactment of this Act, as limited by the prohibitions
contained in the annual operating plan of the Bureau of
Reclamation for the Reservoir in effect on October 1, 1998.
(c) PURCHASE PROCESS.—
(1) IN GENERAL.—The Secretary shall—
(A) solicit sealed bids for the properties;
(B) subject to paragraph (2), sell the properties to
the bidder that submits the highest bid above the minimum
bid determined under paragraph (2); and
(C) not accept any bid for less than all of the properties
in 1 transaction.
(2) MINIMUM BID.—
(A) IN GENERAL.—Before accepting bids, the Secretary
shall establish a minimum bid, which shall be equal to
the fair market value of the properties determined by an
appraisal of each property, exclusive of the value of private
improvements made by the leaseholders before the date
of the conveyance, in conformance with the Uniform
Appraisal Standards for Federal Land Acquisition.
(B) FAIR MARKET VALUE.—Any dispuste over the fair
market value of a property under subparagraph (A) shall
be resolved in accordance with section 2201.4 of title 43,
Code of Federal Regulations.
(3) RIGHT OF FIRST REFUSAL.—If the highest bidder is other
than CFRA, CFRA shall have the right to match the highest
bid and purchase the properties at a price equal to the amount
of the highest bid.
(d) TERMS OF CONVEYANCE.—
(1) PURCHASER.—If the highest bidder is other than CFRA,
and CFRA does not match the highest bid, the following shall
apply:
(A) PAYMENT.—The purchaser shall pay the amount
bid to the Secretary for distribution in accordance with
section 6.
(B) CONVEYANCE.—The Secretary shall convey the
properties to the purchaser.
(C) OPTION TO PURCHASE.—The purchaser shall give
each lessee of a property conveyed under this section an
option to purchase the property at fair market value, as
determined under subsection (c)(2).
(D) NONPURCHASING LESSEES.—
(i) RIGHT TO CONTINUE LEASE.—A lessee that is
unable or unwilling to purchase a property shall be
provided the opportunity to continue to lease the

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–714

property for fair market value rent under the same
terms and conditions as apply under the existing lease
for the property, and shall have the right to renew
the term of the existing lease for 2 consecutive 5year terms.
(ii) COMPENSATION FOR IMPROVEMENTS.—If a lessee
declines to purchase a property, the purchaser shall
compensate the lessee for the fair market value, as
determined pursuant to customary appraisal procedures, of all improvements made to the property by
the lessee. The lessee may sell the improvements to
the purchaser at any time, but the sale shall be completed by the final termination of the lease, after all
renewals under clause (i).
(2) CFRA.—If CFRA is the highest bidder, or matches
the highest bid, the following shall apply:
(A) CLOSING.—On receipt of a purchase request from
a lessee or CFRA, the Secretary shall close on the property
and prepare all other properties for closing within 45 days.
(B) PAYMENT.—At the closing for a property—
(i) the lessee or CFRA shall deliver to the Secretary
payment for the property, which the Secretary shall
distribute in accordance with section 6; and
(ii) the Secretary shall convey the property to the
lessee or CFRA.
(C) APPRAISAL.—The Secretary shall determine the
purchase amount of each property based on the appraisal
conducted under subsection (c)(2), the amount of the bid
under subsection (c)(1), and the proportionate share of
administrative costs pursuant to subsection (e). The total
purchase amount for all properties shall equal the total
bid amount plus administrative costs under subsection (e).
(D) TIMING.—CFRA and the lessees shall purchase at
least 75 percent of the properties not later than August
1 of the year that begins at least 12 months after title
to the first property is conveyed by the Secretary to a
lessee.
(E) RIGHT TO RENEW.—The Secretary shall afford the
lessees who have not purchased properties under this section the right to renew the term of the existing lease
for 2 (but not more than 2) consecutive 5-year terms.
(F) REIMBURSEMENT.—A lessee shall reimburse CFRA
for a proportionate share of the costs to CFRA of completing
the transactions contemplated by this Act, including any
interest charges.
(G) RENTAL PAYMENTS.—All rent received from the
leases shall be distributed by the Secretary in accordance
with section 6.
(e) ADMINISTRATIVE COSTS.—Any reasonable administrative
costs incurred by the Secretary, including the costs of survey and
appraisals, incident to the conveyance under subsection (a) shall
be reimbursed by the purchaser or CFRA.
(f) TIMING.—The Secretary shall make every effort to complete
the conveyance under subsection (a) not later than 1 year after
the satisfaction of the condition established by section 8(b).

112 STAT. 2681–715

PUBLIC LAW 105–277—OCT. 21, 1998

(g) CLOSINGS.—Real estate closings to complete the conveyance
under subsection (a) may be staggered to facilitate the conveyance
as agreed to by the Secretary and the purchaser or CFRA.
(h) CONVEYANCE TO LESSEE.—If a lessee purchases a property
from the purchaser or CFRA, the Secretary, at the request of
the lessee, shall have the conveyance documents prepared in the
name or names of the lessee so as to minimize the amount of
time and number of documents required to complete the closing
for the property.
SEC. 1005. AGREEMENT.

(a) MANAGEMENT OF SILO’S CAMPGROUND.—Not later than 180
days after the date of enactment of this Act, the Secretary, acting
through the Commissioner of Reclamation, shall—
(1) offer to contract with the Commissioners to manage
the Silo’s campground;
(2) enter into such a contract if agreed to by the Secretary
and the Commissioners; and
(3) grant necessary easements for access roads within and
adjacent to the Silo’s campground.
(b) CONCESSION INCOME.—Any income generated by any concession that may be granted by the Commissioners at the Silo’s recreation area—
(1) shall be deposited in the Canyon Ferry-Broadwater
County Trust; and
(2) may be disbursed by the Canyon Ferry-Broadwater
County Trust manager as part of the income of the Trust.
SEC. 1006. USE OF PROCEEDS.

Notwithstanding any other provision of law, proceeds of conveyances under this Act shall be available, without further Act of
appropriation, as follows:
(1) 10 percent of the proceeds shall be applied by the
Secretary of the Treasury to reduce the outstanding debt for
the Pick-Sloan project at the Reservoir.
(2) 90 percent of the proceeds shall be deposited in the
Montana Fish and Wildlife Conservation Trust.
SEC. 1007. MONTANA FISH AND WILDLIFE CONSERVATION TRUST.

(a) ESTABLISHMENT.—The Secretary, in consultation with the
State congressional delegation and the Governor of the State, shall
establish a nonprofit charitable permanent perpetual public trust
in the State, to be known as the ‘‘Montana Fish and Wildlife
Conservation Trust’’ (referred to in this section as the ‘‘Trust’’).
(b) PURPOSE.—The purpose of the Trust shall be to provide
a permanent source of funding to acquire publicly accessible land
and interests in land, including easements and conservation easements, in the State from willing sellers at fair market value to—
(1) restore and conserve fisheries habitat, including riparian habitat;
(2) restore and conserve wildlife habitat;
(3) enhance public hunting, fishing, and recreational
opportunities; and
(4) improve public access to public land.
(c) ADMINISTRATION.—
(1) TRUST MANAGER.—The Trust shall be managed by a
trust manager, who—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–716

(A) shall be responsible for investing the corpus of
the Trust; and
(B) shall disburse funds from the Trust on receiving
a request for disbursement from a majority of the members
of the Joint State-Federal Agency Board established under
paragraph (2) and after determining, in consultation with
the Citizen Advisory Board established under paragraph
(3) and after consideration of any comments submitted
by members of the public, that the request meets the
purpose of the Trust under subsection (b) and the requirements of subsections (d) and (e).
(2) JOINT STATE-FEDERAL AGENCY BOARD.—
(A) ESTABLISHMENT.—There is established a Joint
State-Federal agency Board, which shall consist of—
(i) 1 Forest Service employee employed in the State
designated by the Forest Service;
(ii) 1 Bureau of Land Management employee
employed in the State designated by the Bureau of
Land Management;
(iii) 1 Bureau of Reclamation employee employed
in the State designated by the Bureau of Reclamation;
(iv) 1 United States Fish and Wildlife Service
employee employed in the State designated by the
United States Fish and Wildlife Service; and
(v) 1 Montana Department of Fish, Wildlife and
Parks employee designated by the Department.
(B) REQUESTS FOR DISBURSEMENT.—After consulting
with the Citizen Advisory Board established under paragraph (3) and after consideration of the Trust plan prepared
under paragraph (3)(C) and of any comments or requests
submitted by members of the public, the Joint State-Federal Agency Board, by a vote of a majority of its members,
may submit to the Trust Manager a request for disbursement if the Board determines that the request meets the
purpose of the Trust.
(3) CITIZEN ADVISORY BOARD.—
(A) IN GENERAL.—The Secretary shall nominate, and
the Joint State-Federal Agency Board shall approve by
a majority vote, a Citizen Advisory Board.
(B) MEMBERSHIP.—The Citizen Advisory Board shall
consist of 4 members, including 1 with a demonstrated
commitment to improving public access to public land and
to fish and wildlife conservation, from each of—
(i) a Montana organization representing agricultural landowners;
(ii) a Montana organization representing hunters;
(iii) a Montana organization representing fishermen; and
(iv) a Montana nonprofit land trust or environmental organization.
(C) DUTIES.—The Citizen Advisory Board, in consultation with the Joint State-Federal Agency Board and the
Montana Association of Counties, shall prepare and periodically update a Trust plan including recommendations for
requests for disbursement by the Joint State-Federal
Agency Board.

112 STAT. 2681–717

PUBLIC LAW 105–277—OCT. 21, 1998

(D) OBJECTIVES OF PLAN.—The Trust plan shall be
designed to maximize the effectiveness of Montana Fish
and
Wildlife
Conservation
Trust
expenditures
considering—
(i) public needs and requests;
(ii) availability of property;
(iii) alternative sources of funding; and
(iv) availability of matching funds.
(4) PUBLIC NOTICE AND COMMENT.—Before requesting any
disbursements under paragraph (2), the Joint State-Federal
Agency Board shall—
(A) notify members of the public, including local
governments; and
(B) provide opportunity for public comment.
(d) USE.—
(1) PRINCIPAL.—The principal of the Trust shall be inviolate.
(2) EARNINGS.—Earnings on amounts in the Trust shall
be used to carry out subsection (b) and to administer the
Trust and Citizen Advisory Board.
(3) LOCAL PURPOSES.—Not more than 50 percent of the
income from the Trust in any year shall be used outside the
watershed of the Missouri River in the State, from Holter
Dam upstream to the confluence of the Jefferson River, Gallatin
River, and Madison River.
(e) MANAGEMENT.—Land and interests in land acquired under
this section shall be managed for the purpose described in subsection (b).
SEC. 1008. CANYON FERRY-BROADWATER COUNTY TRUST.

(a) ESTABLISHMENT.—The Commissioners shall establish a nonprofit charitable permanent perpetual public trust to be known
as the ‘‘Canyon Ferry-Broadwater County Trust’’ (referred to in
this section as the ‘‘Trust’’).
(b) PRIORITY OF TRUST ESTABLISHMENT.—
(1) CONDITION TO SALE.—No sale of property under section
4 shall be made until at least $3,000,000, or a lesser amount
as offset by in-kind contributions made before full funding
of the trust, is deposited as the initial corpus of the Trust.
(2) IN-KIND CONTRIBUTIONS.—
(A) IN GENERAL.—In-kind contributions—
(i) shall be approved in advance by the Commissioners;
(ii) shall be made in Broadwater County;
(iii) shall be related to the improvement of access
to the portions of the Reservoir lying within
Broadwater County or to the creation and improvement
of new and existing recreational areas within
Broadwater County; and
(iv) shall not include any contribution made by
Broadwater County.
(B) APPROVAL.—Approval by the Commissioners of an
in-kind contribution under subparagraph (A) shall include
approval of the value, nature, and type of the contribution
and of the entity that makes the contribution.
(3) INTEREST.—Notwithstanding any other provision of this
Act, all interest earned on the principal of the Trust shall

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–718

be reinvested and considered part of its corpus until the condition stated in paragraph (1) is met.
(c) TRUST MANAGEMENT.—
(1) TRUST MANAGER.—The Trust shall be managed by a
nonprofit foundation or other independent trustee to be selected
by the Commissioners.
(2) USE.—The Trust manager shall invest the corpus of
the Trust and disburse funds as follows:
(A) PRINCIPAL.—A sum not to exceed $500,000 may
be expended from the corpus to pay for the planning and
construction of a harbor at the Silo’s recreation area.
(B) INTEREST.—The balance of the Trust shall be held
and the income shall be expended annually for the improvement of access to the portions of the Reservoir lying within
Broadwater County, Montana, and for the creation and
improvement of new and existing recreational areas within
Broadwater County.
(3) DISBURSEMENT.—The Trust manager—
(A) shall approve or reject any request for disbursement; and
(B) shall not make any expenditure except on the recommendation of the advisory committee established under
subsection (d).
(d) ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—The Commissioners shall appoint an
advisory committee consisting of not fewer than 3 nor more
than 5 persons.
(2) DUTIES.—The advisory committee shall meet on a regular basis to establish priorities and make requests for the
disbursement of funds to the Trust manager.
(3) APPROVAL BY THE COMMISSIONERS.—The advisory
committee shall recommend only such expenditures as are
approved by the Commissioners.
(e) NO OFFSET.—Neither the corpus nor the income of the
Trust shall be used to reduce or replace the regular operating
expenses of the Secretary at the Reservoir, unless approved by
the Commissioners.
SEC. 1009. AUTHORIZATION.

(a) IN GENERAL.—The Secretary is authorized to—
(1) investigate, plan, construct, operate, and maintain public recreational facilities on land withdrawn or acquired for
the development of the project;
(2) conserve the scenery, the natural historic, paleontologic,
and archaeologic objects, and the wildlife on the land;
(3) provide for public use and enjoyment of the land and
of the water areas created by the project by such means as
are consistent with but subordinate to the purposes of the
project; and
(4) investigate, plan, construct, operate, and maintain facilities for the conservation of fish and wildlife resources.
(b) COSTS.—The costs (including operation and maintenance
costs) of carrying out subsection (a) shall be nonreimbursable and
nonreturnable under Federal reclamation law.

112 STAT. 2681–719
Internet Tax
Freedom Act.
47 USC 151 note.

PUBLIC LAW 105–277—OCT. 21, 1998
TITLE XI—MORATORIUM ON CERTAIN TAXES

SEC. 1100. SHORT TITLE.

This title may be cited as the ‘‘Internet Tax Freedom Act’’.
SEC. 1101. MORATORIUM.

(a) MORATORIUM.—No State or political subdivision thereof
shall impose any of the following taxes during the period beginning
on October 1, 1998, and ending 3 years after the date of the
enactment of this Act—
(1) taxes on Internet access, unless such tax was generally
imposed and actually enforced prior to October 1, 1998; and
(2) multiple or discriminatory taxes on electronic commerce.
(b) PRESERVATION OF STATE AND LOCAL TAXING AUTHORITY.—
Except as provided in this section, nothing in this title shall be
construed to modify, impair, or supersede, or authorize the modification, impairment, or superseding of, any State or local law pertaining to taxation that is otherwise permissible by or under the Constitution of the United States or other Federal law and in effect
on the date of enactment of this Act.
(c) LIABILITIES AND PENDING CASES.—Nothing in this title
affects liability for taxes accrued and enforced before the date
of enactment of this Act, nor does this title affect ongoing litigation
relating to such taxes.
(d) DEFINITION OF GENERALLY IMPOSED AND ACTUALLY
ENFORCED.—For purposes of this section, a tax has been generally
imposed and actually enforced prior to October 1, 1998, if, before
that date, the tax was authorized by statute and either—
(1) a provider of Internet access services had a reasonable
opportunity to know by virtue of a rule or other public proclamation made by the appropriate administrative agency of the
State or political subdivision thereof, that such agency has
interpreted and applied such tax to Internet access services;
or
(2) a State or political subdivision thereof generally collected such tax on charges for Internet access.
(e) EXCEPTION TO MORATORIUM.—
(1) IN GENERAL.—Subsection (a) shall also not apply in
the case of any person or entity who knowingly and with
knowledge of the character of the material, in interstate or
foreign commerce by means of the World Wide Web, makes
any communication for commercial purposes that is available
to any minor and that includes any material that is harmful
to minors unless such person or entity has restricted access
by minors to material that is harmful to minors—
(A) by requiring use of a credit card, debit account,
adult access code, or adult personal identification number;
(B) by accepting a digital certificate that verifies age;
or
(C) by any other reasonable measures that are feasible
under available technology.
(2) SCOPE OF EXCEPTION.—For purposes of paragraph (1),
a person shall not be considered to making a communication
for commercial purposes of material to the extent that the
person is—
(A) a telecommunications carrier engaged in the provision of a telecommunications service;

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112 STAT. 2681–720

(B) a person engaged in the business of providing an
Internet access service;
(C) a person engaged in the business of providing an
Internet information location tool; or
(D) similarly engaged in the transmission, storage,
retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another person, without selection or alteration of the communication.
(3) DEFINITIONS.—In this subsection:
(A) BY MEANS OF THE WORLD WIDE WEB.—The term
‘‘by means of the World Wide Web’’ means by placement
of material in a computer server-based file archive so that
it is publicly accessible, over the Internet, using hypertext
transfer protocol, file transfer protocol, or other similar
protocols.
(B) COMMERCIAL PURPOSES; ENGAGED IN THE BUSINESS.—
(i) COMMERCIAL PURPOSES.—A person shall be
considered to make a communication for commercial
purposes only if such person is engaged in the business
of making such communications.
(ii) ENGAGED IN THE BUSINESS.—The term
‘‘engaged in the business’’ means that the person who
makes a communication, or offers to make a communication, by means of the World Wide Web, that
includes any material that is harmful to minors,
devotes time, attention, or labor to such activities,
as a regular course of such person’s trade or business,
with the objective of earning a profit as a result of
such activities (although it is not necessary that the
person make a profit or that the making or offering
to make such communications be the person’s sole
or principal business or source of income). A person
may be considered to be engaged in the business of
making, by means of the World Wide Web, communications for commercial purposes that include material
that is harmful to minors, only if the person knowingly
causes the material that is harmful to minors to be
posted on the World Wide Web or knowingly solicits
such material to be posted on the World Wide Web.
(C) INTERNET.—The term ‘‘Internet’’ means collectively
the myriad of computer and telecommunications facilities,
including equipment and operating software, which comprise the interconnected world-wide network of networks
that employ the Transmission Control Protocol/Internet
Protocol, or any predecessor or successor protocols to such
protocol, to communicate information of all kinds by wire
or radio.
(D) INTERNET ACCESS SERVICE.—The term ‘‘Internet
access service’’ means a service that enables users to access
content, information, electronic mail, or other services
offered over the Internet and may also include access to
proprietary content, information, and other services as part
of a package of services offered to consumers. Such term
does not include telecommunications services.
(E) INTERNET INFORMATION LOCATION TOOL.—The term
‘‘Internet information location tool’’ means a service that

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PUBLIC LAW 105–277—OCT. 21, 1998

refers or links users to an online location on the World
Wide Web. Such term includes directories, indices, references, pointers, and hypertext links.
(F) MATERIAL THAT IS HARMFUL TO MINORS.—The term
‘‘material that is harmful to minors’’ means any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene
or that—
(i) the average person, applying contemporary
community standards, would find, taking the material
as a whole and with respect to minors, is designed
to appeal to, or is designed to pander to, the prurient
interest;
(ii) depicts, describes, or represents, in a manner
patently offensive with respect to minors, an actual
or simulated sexual act or sexual contact, an actual
or simulated normal or perverted sexual act, or a lewd
exhibition of the genitals or post-pubescent female
breast; and
(iii) taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
(G) MINOR.—The term ‘‘minor’’ means any person
under 17 years of age.
(H) TELECOMMUNICATIONS CARRIER; TELECOMMUNICATIONS SERVICE.—The terms ‘‘telecommunications carrier’’
and ‘‘telecommunications service’’ have the meanings given
such terms in section 3 of the Communications Act of
1934 (47 U.S.C. 153).
(f) ADDITIONAL EXCEPTION TO MORATORIUM.—
(1) IN GENERAL.—Subsection (a) shall also not apply with
respect to an Internet access provider, unless, at the time
of entering into an agreement with a customer for the provision
of Internet access services, such provider offers such customer
(either for a fee or at no charge) screening software that is
designed to permit the customer to limit access to material
on the Internet that is harmful to minors.
(2) DEFINITIONS.—In this subsection:
(A) INTERNET ACCESS PROVIDER.—The term ‘Internet
access provider’ means a person engaged in the business
of providing a computer and communications facility
through which a customer may obtain access to the Internet, but does not include a common carrier to the extent
that it provides only telecommunications services.
(B) INTERNET ACCESS SERVICES.—The term ‘Internet
access services’ means the provision of computer and
communications services through which a customer using
a computer and a modem or other communications device
may obtain access to the Internet, but does not include
telecommunications services provided by a common carrier.
(C) SCREENING SOFTWARE.—The term ‘‘screening software’’ means software that is designed to permit a person
to limit access to material on the Internet that is harmful
to minors.
(3) APPLICABILITY.—Paragraph (1) shall apply to agreements for the provision of Internet access services entered
into on or after the date that is 6 months after the date
of enactment of this Act.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–722

SEC. 1102. ADVISORY COMMISSION ON ELECTRONIC COMMERCE.

(a) ESTABLISHMENT OF COMMISSION.—There is established a
commission to be known as the Advisory Commission on Electronic
Commerce (in this title referred to as the ‘‘Commission’’). The
Commission shall—
(1) be composed of 19 members appointed in accordance
with subsection (b), including the chairperson who shall be
selected by the members of the Commission from among themselves; and
(2) conduct its business in accordance with the provisions
of this title.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Commissioners shall serve for the
life of the Commission. The membership of the Commission
shall be as follows:
(A) 3 representatives from the Federal Government,
comprised of the Secretary of Commerce, the Secretary
of the Treasury, and the United States Trade Representative (or their respective delegates).
(B) 8 representatives from State and local governments
(one such representative shall be from a State or local
government that does not impose a sales tax and one
representative shall be from a State that does not impose
an income tax).
(C) 8 representatives of the electronic commerce industry (including small business), telecommunications carriers,
local retail businesses, and consumer groups, comprised
of—
(i) 5 individuals appointed by the Majority Leader
of the Senate;
(ii) 3 individuals appointed by the Minority Leader
of the Senate;
(iii) 5 individuals appointed by the Speaker of the
House of Representatives; and
(iv) 3 individuals appointed by the Minority Leader
of the House of Representatives.
(2) APPOINTMENTS.—Appointments to the Commission shall
be made not later than 45 days after the date of the enactment
of this Act. The chairperson shall be selected not later than
60 days after the date of the enactment of this Act.
(3) VACANCIES.—Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(c) ACCEPTANCE OF GIFTS AND GRANTS.—The Commission may
accept, use, and dispose of gifts or grants of services or property,
both real and personal, for purposes of aiding or facilitating the
work of the Commission. Gifts or grants not used at the expiration
of the Commission shall be returned to the donor or grantor.
(d) OTHER RESOURCES.—The Commission shall have reasonable
access to materials, resources, data, and other information from
the Department of Justice, the Department of Commerce, the
Department of State, the Department of the Treasury, and the
Office of the United States Trade Representative. The Commission
shall also have reasonable access to use the facilities of any such
Department or Office for purposes of conducting meetings.
(e) SUNSET.—The Commission shall terminate 18 months after
the date of the enactment of this Act.

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PUBLIC LAW 105–277—OCT. 21, 1998

(f) RULES OF THE COMMISSION.—
(1) QUORUM.—Nine members of the Commission shall constitute a quorum for conducting the business of the Commission.
(2) MEETINGS.—Any meetings held by the Commission shall
be duly noticed at least 14 days in advance and shall be
open to the public.
(3) OPPORTUNITIES TO TESTIFY.—The Commission shall provide opportunities for representatives of the general public,
taxpayer groups, consumer groups, and State and local government officials to testify.
(4) ADDITIONAL RULES.—The Commission may adopt other
rules as needed.
(g) DUTIES OF THE COMMISSION.—
(1) IN GENERAL.—The Commission shall conduct a thorough
study of Federal, State and local, and international taxation
and tariff treatment of transactions using the Internet and
Internet access and other comparable intrastate, interstate or
international sales activities.
(2) ISSUES TO BE STUDIED.—The Commission may include
in the study under subsection (a)—
(A) an examination of—
(i) barriers imposed in foreign markets on United
States providers of property, goods, services, or
information engaged in electronic commerce and on
United States providers of telecommunications services; and
(ii) how the imposition of such barriers will affect
United States consumers, the competitiveness of
United States citizens providing property, goods, services, or information in foreign markets, and the growth
and maturing of the Internet;
(B) an examination of the collection and administration
of consumption taxes on electronic commerce in other countries and the United States, and the impact of such collection on the global economy, including an examination of
the relationship between the collection and administration
of such taxes when the transaction uses the Internet and
when it does not;
(C) an examination of the impact of the Internet and
Internet access (particularly voice transmission) on the
revenue base for taxes imposed under section 4251 of the
Internal Revenue Code of 1986;
(D) an examination of model State legislation that—
(i) would provide uniform definitions of categories
of property, goods, service, or information subject to
or exempt from sales and use taxes; and
(ii) would ensure that Internet access services,
online services, and communications and transactions
using the Internet, Internet access service, or online
services would be treated in a tax and technologically
neutral manner relative to other forms of remote sales;
(E) an examination of the effects of taxation, including
the absence of taxation, on all interstate sales transactions,
including transactions using the Internet, on retail
businesses and on State and local governments, which
examination may include a review of the efforts of State

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–724

and local governments to collect sales and use taxes owed
on in-State purchases from out-of-State sellers; and
(F) the examination of ways to simplify Federal and
State and local taxes imposed on the provision of telecommunications services.
(3) EFFECT ON THE COMMUNICATIONS ACT OF 1934.—Nothing in this section shall include an examination of any fees
or charges imposed by the Federal Communications Commission or States related to—
(A) obligations under the Communications Act of 1934
(47 U.S.C. 151 et seq.); or
(B) the implementation of the Telecommunications Act
of 1996 (or of amendments made by that Act).
(h) NATIONAL TAX ASSOCIATION COMMUNICATIONS AND ELECTRONIC COMMERCE TAX PROJECT.—The Commission shall, to the
extent possible, ensure that its work does not undermine the efforts
of the National Tax Association Communications and Electronic
Commerce Tax Project.
SEC. 1103. REPORT.

Not later than 18 months after the date of the enactment
of this Act, the Commission shall transmit to Congress for its
consideration a report reflecting the results, including such legislative recommendations as required to address the findings of the
Commission’s study under this title. Any recommendation agreed
to by the Commission shall be tax and technologically neutral
and apply to all forms of remote commerce. No finding or recommendation shall be included in the report unless agreed to by
at least two-thirds of the members of the Commission serving
at the time the finding or recommendation is made.
SEC. 1104. DEFINITIONS.

For the purposes of this title:
(1) BIT TAX.—The term ‘‘bit tax’’ means any tax on electronic commerce expressly imposed on or measured by the
volume of digital information transmitted electronically, or the
volume of digital information per unit of time transmitted
electronically, but does not include taxes imposed on the provision of telecommunications services.
(2) DISCRIMINATORY TAX.—The term ‘‘discriminatory tax’’
means—
(A) any tax imposed by a State or political subdivision
thereof on electronic commerce that—
(i) is not generally imposed and legally collectible
by such State or such political subdivision on transactions involving similar property, goods, services, or
information accomplished through other means;
(ii) is not generally imposed and legally collectible
at the same rate by such State or such political subdivision on transactions involving similar property, goods,
services, or information accomplished through other
means, unless the rate is lower as part of a phaseout of the tax over not more than a 5-year period;
(iii) imposes an obligation to collect or pay the
tax on a different person or entity than in the case
of transactions involving similar property, goods, services, or information accomplished through other means;

112 STAT. 2681–725

PUBLIC LAW 105–277—OCT. 21, 1998

(iv) establishes a classification of Internet access
service providers or online service providers for purposes of establishing a higher tax rate to be imposed
on such providers than the tax rate generally applied
to providers of similar information services delivered
through other means; or
(B) any tax imposed by a State or political subdivision
thereof, if—
(i) except with respect to a tax (on Internet access)
that was generally imposed and actually enforced prior
to October 1, 1998, the sole ability to access a site
on a remote seller’s out-of-State computer server is
considered a factor in determining a remote seller’s
tax collection obligation; or
(ii) a provider of Internet access service or online
services is deemed to be the agent of a remote seller
for determining tax collection obligations solely as a
result of—
(I) the display of a remote seller’s information
or content on the out-of-State computer server of
a provider of Internet access service or online services; or
(II) the processing of orders through the outof-State computer server of a provider of Internet
access service or online services.
(3) ELECTRONIC COMMERCE.—The term ‘‘electronic commerce’’ means any transaction conducted over the Internet or
through Internet access, comprising the sale, lease, license,
offer, or delivery of property, goods, services, or information,
whether or not for consideration, and includes the provision
of Internet access.
(4) INTERNET.—The term ‘‘Internet’’ means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate
information of all kinds by wire or radio.
(5) INTERNET ACCESS.—The term ‘‘Internet access’’ means
a service that enables users to access content, information,
electronic mail, or other services offered over the Internet,
and may also include access to proprietary content, information,
and other services as part of a package of services offered
to users. Such term does not include telecommunications services.
(6) MULTIPLE TAX.—
(A) IN GENERAL.—The term ‘‘multiple tax’’ means any
tax that is imposed by one State or political subdivision
thereof on the same or essentially the same electronic
commerce that is also subject to another tax imposed by
another State or political subdivision thereof (whether or
not at the same rate or on the same basis), without a
credit (for example, a resale exemption certificate) for taxes
paid in other jurisdictions.
(B) EXCEPTION.—Such term shall not include a sales
or use tax imposed by a State and 1 or more political
subdivisions thereof on the same electronic commerce or

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–726

a tax on persons engaged in electronic commerce which
also may have been subject to a sales or use tax thereon.
(C) SALES OR USE TAX.—For purposes of subparagraph
(B), the term ‘‘sales or use tax’’ means a tax that is imposed
on or incident to the sale, purchase, storage, consumption,
distribution, or other use of tangible personal property
or services as may be defined by laws imposing such tax
and which is measured by the amount of the sales price
or other charge for such property or service.
(7) STATE.—The term ‘‘State’’ means any of the several
States, the District of Columbia, or any commonwealth, territory, or possession of the United States.
(8) TAX.—
(A) IN GENERAL.—The term ‘‘tax’’ means—
(i) any charge imposed by any governmental entity
for the purpose of generating revenues for governmental purposes, and is not a fee imposed for a specific
privilege, service, or benefit conferred; or
(ii) the imposition on a seller of an obligation to
collect and to remit to a governmental entity any sales
or use tax imposed on a buyer by a governmental
entity.
(B) EXCEPTION.—Such term does not include any franchise fee or similar fee imposed by a State or local franchising authority, pursuant to section 622 or 653 of the Communications Act of 1934 (47 U.S.C. 542, 573), or any other
fee related to obligations or telecommunications carriers
under the Communications Act of 1934 (47 U.S.C. 151
et seq.).
(9) TELECOMMUNICATIONS SERVICE.—The term ‘‘telecommunications service’’ has the meaning given such term in
section 3(46) of the Communications Act of 1934 (47 U.S.C.
153(46)) and includes communications services (as defined in
section 4251 of the Internal Revenue Code of 1986).
(10) TAX ON INTERNET ACCESS.—The term ‘‘tax on Internet
access’’ means a tax on Internet access, including the enforcement or application of any new or preexisting tax on the sale
or use of Internet services unless such tax was generally
imposed and actually enforced prior to October 1, 1998.
TITLE XII—OTHER PROVISIONS
SEC. 1201. DECLARATION THAT INTERNET SHOULD BE FREE OF NEW
FEDERAL TAXES.

It is the sense of Congress that no new Federal taxes similar
to the taxes described in section 1101(a) should be enacted with
respect to the Internet and Internet access during the moratorium
provided in such section.
SEC. 1202. NATIONAL TRADE ESTIMATE.

Section 181 of the Trade Act of 1974 (19 U.S.C. 2241) is
amended—
(1) in subsection (a)(1)—
(A) in subparagraph (A)—
(i) by striking ‘‘and’’ at the end of clause (i);
(ii) by inserting ‘‘and’’ at the end of clause (ii);
and

112 STAT. 2681–727

PUBLIC LAW 105–277—OCT. 21, 1998

(iii) by inserting after clause (ii) the following new
clause:
‘‘(iii) United States electronic commerce,’’; and
(B) in subparagraph (C)—
(i) by striking ‘‘and’’ at the end of clause (i);
(ii) by inserting ‘‘and’’ at the end of clause (ii);
(iii) by inserting after clause (ii) the following new
clause:
‘‘(iii) the value of additional United States electronic commerce,’’; and
(iv) by inserting ‘‘or transacted with,’’ after ‘‘or
invested in’’;
(2) in subsection (a)(2)(E)—
(A) by striking ‘‘and’’ at the end of clause (i);
(B) by inserting ‘‘and’’ at the end of clause (ii); and
(C) by inserting after clause (ii) the following new
clause:
‘‘(iii) the value of electronic commerce transacted
with,’’; and
(3) by adding at the end the following new subsection:
‘‘(d) ELECTRONIC COMMERCE.—For purposes of this section, the
term ‘electronic commerce’ has the meaning given that term in
section 1104(3) of the Internet Tax Freedom Act.’’.
19 USC 2241
note.

SEC. 1203. DECLARATION THAT THE INTERNET SHOULD BE FREE OF
FOREIGN TARIFFS, TRADE BARRIERS, AND OTHER
RESTRICTIONS.

(a) IN GENERAL.—It is the sense of Congress that the President
should seek bilateral, regional, and multilateral agreements to
remove barriers to global electronic commerce through the World
Trade Organization, the Organization for Economic Cooperation
and Development, the Trans-Atlantic Economic Partnership, the
Asia Pacific Economic Cooperation forum, the Free Trade Area
of the America, the North American Free Trade Agreement, and
other appropriate venues.
(b) NEGOTIATING OBJECTIVES.—The negotiating objectives of
the United States shall be—
(1) to assure that electronic commerce is free from—
(A) tariff and nontariff barriers;
(B) burdensome and discriminatory regulation and
standards; and
(C) discriminatory taxation; and
(2) to accelerate the growth of electronic commerce by
expanding market access opportunities for—
(A) the development of telecommunications infrastructure;
(B) the procurement of telecommunications equipment;
(C) the provision of Internet access and telecommunications services; and
(D) the exchange of goods, services, and digitalized
information.
(c) ELECTRONIC COMMERCE.—For purposes of this section, the
term ‘‘electronic commerce’’ has the meaning given that term in
section 1104(3).

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112 STAT. 2681–728

SEC. 1204. NO EXPANSION OF TAX AUTHORITY.

Nothing in this title shall be construed to expand the duty
of any person to collect or pay taxes beyond that which existed
immediately before the date of the enactment of this Act.
SEC. 1205. PRESERVATION OF AUTHORITY.

Nothing in this title shall limit or otherwise affect the
implementation of the Telecommunications Act of 1996 (Public Law
104–104) or the amendments made by such Act.
SEC. 1206. SEVERABILITY.

If any provision of this title, or any amendment made by
this title, or the application of that provision to any person or
circumstance, is held by a court of competent jurisdiction to violate
any provision of the Constitution of the United States, then the
other provisions of that title, and the application of that provision
to other persons and circumstances, shall not be affected.
TITLE XIII—CHILDREN’S ONLINE PRIVACY PROTECTION
SEC. 1301. SHORT TITLE.

This title may be cited as the ‘‘Children’s Online Privacy Protection Act of 1998’’.
SEC. 1302. DEFINITIONS.

In this title:
(1) CHILD.—The term ‘‘child’’ means an individual under
the age of 13.
(2) OPERATOR.—The term ‘‘operator’’—
(A) means any person who operates a website located
on the Internet or an online service and who collects or
maintains personal information from or about the users
of or visitors to such website or online service, or on whose
behalf such information is collected or maintained, where
such website or online service is operated for commercial
purposes, including any person offering products or services
for sale through that website or online service, involving
commerce—
(i) among the several States or with 1 or more
foreign nations;
(ii) in any territory of the United States or in
the District of Columbia, or between any such territory
and—
(I) another such territory; or
(II) any State or foreign nation; or
(iii) between the District of Columbia and any
State, territory, or foreign nation; but
(B) does not include any nonprofit entity that would
otherwise be exempt from coverage under section 5 of the
Federal Trade Commission Act (15 U.S.C. 45).
(3) COMMISSION.—The term ‘‘Commission’’ means the Federal Trade Commission.
(4) DISCLOSURE.—The term ‘‘disclosure’’ means, with
respect to personal information—
(A) the release of personal information collected from
a child in identifiable form by an operator for any purpose,
except where such information is provided to a person
other than the operator who provides support for the

19 USC 2241
note.

19 USC 2241
note.

19 USC 2241
note.

Children’s Online
Privacy
Protection Act of
1998.
15 USC 6501
note.
15 USC 6501.

112 STAT. 2681–729

PUBLIC LAW 105–277—OCT. 21, 1998

internal operations of the website and does not disclose
or use that information for any other purpose; and
(B) making personal information collected from a child
by a website or online service directed to children or with
actual knowledge that such information was collected from
a child, publicly available in identifiable form, by any
means including by a public posting, through the Internet,
or through—
(i) a home page of a website;
(ii) a pen pal service;
(iii) an electronic mail service;
(iv) a message board; or
(v) a chat room.
(5) FEDERAL AGENCY.—The term ‘‘Federal agency’’ means
an agency, as that term is defined in section 551(1) of title
5, United States Code.
(6) INTERNET.—The term ‘‘Internet’’ means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate
information of all kinds by wire or radio.
(7) PARENT.—The term ‘‘parent’’ includes a legal guardian.
(8) PERSONAL INFORMATION.—The term ‘‘personal information’’ means individually identifiable information about an
individual collected online, including—
(A) a first and last name;
(B) a home or other physical address including street
name and name of a city or town;
(C) an e-mail address;
(D) a telephone number;
(E) a Social Security number;
(F) any other identifier that the Commission determines permits the physical or online contacting of a specific
individual; or
(G) information concerning the child or the parents
of that child that the website collects online from the
child and combines with an identifier described in this
paragraph.
(9) VERIFIABLE PARENTAL CONSENT.—The term ‘‘verifiable
parental consent’’ means any reasonable effort (taking into
consideration available technology), including a request for
authorization for future collection, use, and disclosure described
in the notice, to ensure that a parent of a child receives notice
of the operator’s personal information collection, use, and disclosure practices, and authorizes the collection, use, and disclosure, as applicable, of personal information and the subsequent
use of that information before that information is collected
from that child.
(10) WEBSITE OR ONLINE SERVICE DIRECTED TO CHILDREN.—
(A) IN GENERAL.—The term ‘‘website or online service
directed to children’’ means—
(i) a commercial website or online service that
is targeted to children; or
(ii) that portion of a commercial website or online
service that is targeted to children.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–730

(B) LIMITATION.—A commercial website or online service, or a portion of a commercial website or online service,
shall not be deemed directed to children solely for referring
or linking to a commercial website or online service directed
to children by using information location tools, including
a directory, index, reference, pointer, or hypertext link.
(11) PERSON.—The term ‘‘person’’ means any individual,
partnership, corporation, trust, estate, cooperative, association,
or other entity.
(12) ONLINE CONTACT INFORMATION.—The term ‘‘online contact information’’ means an e-mail address or another substantially similar identifier that permits direct contact with a person
online.
SEC. 1303. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH THE COLLECTION AND USE
OF PERSONAL INFORMATION FROM AND ABOUT CHILDREN ON THE INTERNET.

(a) ACTS PROHIBITED.—
(1) IN GENERAL.—It is unlawful for an operator of a website
or online service directed to children, or any operator that
has actual knowledge that it is collecting personal information
from a child, to collect personal information from a child in
a manner that violates the regulations prescribed under subsection (b).
(2) DISCLOSURE TO PARENT PROTECTED.—Notwithstanding
paragraph (1), neither an operator of such a website or online
service nor the operator’s agent shall be held to be liable
under any Federal or State law for any disclosure made in
good faith and following reasonable procedures in responding
to a request for disclosure of personal information under subsection (b)(1)(B)(iii) to the parent of a child.
(b) REGULATIONS.—
(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Commission shall promulgate
under section 553 of title 5, United States Code, regulations
that—
(A) require the operator of any website or online service
directed to children that collects personal information from
children or the operator of a website or online service
that has actual knowledge that it is collecting personal
information from a child—
(i) to provide notice on the website of what information is collected from children by the operator, how
the operator uses such information, and the operator’s
disclosure practices for such information; and
(ii) to obtain verifiable parental consent for the
collection, use, or disclosure of personal information
from children;
(B) require the operator to provide, upon request of
a parent under this subparagraph whose child has provided
personal information to that website or online service, upon
proper identification of that parent, to such parent—
(i) a description of the specific types of personal
information collected from the child by that operator;
(ii) the opportunity at any time to refuse to permit
the operator’s further use or maintenance in

15 USC 6502.

Notice.

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PUBLIC LAW 105–277—OCT. 21, 1998

retrievable form, or future online collection, of personal
information from that child; and
(iii) notwithstanding any other provision of law,
a means that is reasonable under the circumstances
for the parent to obtain any personal information collected from that child;
(C) prohibit conditioning a child’s participation in a
game, the offering of a prize, or another activity on the
child disclosing more personal information than is reasonably necessary to participate in such activity; and
(D) require the operator of such a website or online
service to establish and maintain reasonable procedures
to protect the confidentiality, security, and integrity of
personal information collected from children.
(2) WHEN CONSENT NOT REQUIRED.—The regulations shall
provide that verifiable parental consent under paragraph
(1)(A)(ii) is not required in the case of—
(A) online contact information collected from a child
that is used only to respond directly on a one-time basis
to a specific request from the child and is not used to
recontact the child and is not maintained in retrievable
form by the operator;
(B) a request for the name or online contact information
of a parent or child that is used for the sole purpose
of obtaining parental consent or providing notice under
this section and where such information is not maintained
in retrievable form by the operator if parental consent
is not obtained after a reasonable time;
(C) online contact information collected from a child
that is used only to respond more than once directly to
a specific request from the child and is not used to recontact
the child beyond the scope of that request—
(i) if, before any additional response after the initial response to the child, the operator uses reasonable
efforts to provide a parent notice of the online contact
information collected from the child, the purposes for
which it is to be used, and an opportunity for the
parent to request that the operator make no further
use of the information and that it not be maintained
in retrievable form; or
(ii) without notice to the parent in such circumstances as the Commission may determine are
appropriate, taking into consideration the benefits to
the child of access to information and services, and
risks to the security and privacy of the child, in regulations promulgated under this subsection;
(D) the name of the child and online contact information (to the extent reasonably necessary to protect the
safety of a child participant on the site)—
(i) used only for the purpose of protecting such
safety;
(ii) not used to recontact the child or for any other
purpose; and
(iii) not disclosed on the site,
if the operator uses reasonable efforts to provide a parent
notice of the name and online contact information collected
from the child, the purposes for which it is to be used,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–732

and an opportunity for the parent to request that the
operator make no further use of the information and that
it not be maintained in retrievable form; or
(E) the collection, use, or dissemination of such
information by the operator of such a website or online
service necessary—
(i) to protect the security or integrity of its website;
(ii) to take precautions against liability;
(iii) to respond to judicial process; or
(iv) to the extent permitted under other provisions
of law, to provide information to law enforcement agencies or for an investigation on a matter related to
public safety.
(3) TERMINATION OF SERVICE.—The regulations shall permit
the operator of a website or an online service to terminate
service provided to a child whose parent has refused, under
the regulations prescribed under paragraph (1)(B)(ii), to permit
the operator’s further use or maintenance in retrievable form,
or future online collection, of personal information from that
child.
(c) ENFORCEMENT.—Subject to sections 1304 and 1306, a violation of a regulation prescribed under subsection (a) shall be treated
as a violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)).
(d) INCONSISTENT STATE LAW.—No State or local government
may impose any liability for commercial activities or actions by
operators in interstate or foreign commerce in connection with
an activity or action described in this title that is inconsistent
with the treatment of those activities or actions under this section.
SEC. 1304. SAFE HARBORS.

(a) GUIDELINES.—An operator may satisfy the requirements
of regulations issued under section 1303(b) by following a set of
self-regulatory guidelines, issued by representatives of the marketing or online industries, or by other persons, approved under subsection (b).
(b) INCENTIVES.—
(1) SELF-REGULATORY INCENTIVES.—In prescribing regulations under section 1303, the Commission shall provide incentives for self-regulation by operators to implement the protections afforded children under the regulatory requirements
described in subsection (b) of that section.
(2) DEEMED COMPLIANCE.—Such incentives shall include
provisions for ensuring that a person will be deemed to be
in compliance with the requirements of the regulations under
section 1303 if that person complies with guidelines that, after
notice and comment, are approved by the Commission upon
making a determination that the guidelines meet the requirements of the regulations issued under section 1303.
(3) EXPEDITED RESPONSE TO REQUESTS.—The Commission
shall act upon requests for safe harbor treatment within 180
days of the filing of the request, and shall set forth in writing
its conclusions with regard to such requests.
(c) APPEALS.—Final action by the Commission on a request
for approval of guidelines, or the failure to act within 180 days
on a request for approval of guidelines, submitted under subsection

15 USC 6503.

112 STAT. 2681–733

PUBLIC LAW 105–277—OCT. 21, 1998

(b) may be appealed to a district court of the United States of
appropriate jurisdiction as provided for in section 706 of title 5,
United States Code.
15 USC 6504.

SEC. 1305. ACTIONS BY STATES.

(a) IN GENERAL.—
(1) CIVIL ACTIONS.—In any case in which the attorney
general of a State has reason to believe that an interest of
the residents of that State has been or is threatened or
adversely affected by the engagement of any person in a practice
that violates any regulation of the Commission prescribed under
section 1303(b), the State, as parens patriae, may bring a
civil action on behalf of the residents of the State in a district
court of the United States of appropriate jurisdiction to—
(A) enjoin that practice;
(B) enforce compliance with the regulation;
(C) obtain damage, restitution, or other compensation
on behalf of residents of the State; or
(D) obtain such other relief as the court may consider
to be appropriate.
(2) NOTICE.—
(A) IN GENERAL.—Before filing an action under paragraph (1), the attorney general of the State involved shall
provide to the Commission—
(i) written notice of that action; and
(ii) a copy of the complaint for that action.
(B) EXEMPTION.—
(i) IN GENERAL.—Subparagraph (A) shall not apply
with respect to the filing of an action by an attorney
general of a State under this subsection, if the attorney
general determines that it is not feasible to provide
the notice described in that subparagraph before the
filing of the action.
(ii) NOTIFICATION.—In an action described in
clause (i), the attorney general of a State shall provide
notice and a copy of the complaint to the Commission
at the same time as the attorney general files the
action.
(b) INTERVENTION.—
(1) IN GENERAL.—On receiving notice under subsection
(a)(2), the Commission shall have the right to intervene in
the action that is the subject of the notice.
(2) EFFECT OF INTERVENTION.—If the Commission intervenes in an action under subsection (a), it shall have the
right—
(A) to be heard with respect to any matter that arises
in that action; and
(B) to file a petition for appeal.
(3) AMICUS CURIAE.—Upon application to the court, a person whose self-regulatory guidelines have been approved by
the Commission and are relied upon as a defense by any
defendant to a proceeding under this section may file amicus
curiae in that proceeding.
(c) CONSTRUCTION.—For purposes of bringing any civil action
under subsection (a), nothing in this title shall be construed to
prevent an attorney general of a State from exercising the powers
conferred on the attorney general by the laws of that State to—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–734

(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production
of documentary and other evidence.
(d) ACTIONS BY THE COMMISSION.—In any case in which an
action is instituted by or on behalf of the Commission for violation
of any regulation prescribed under section 1303, no State may,
during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that
action for violation of that regulation.
(e) VENUE; SERVICE OF PROCESS.—
(1) VENUE.—Any action brought under subsection (a) may
be brought in the district court of the United States that
meets applicable requirements relating to venue under section
1391 of title 28, United States Code.
(2) SERVICE OF PROCESS.—In an action brought under subsection (a), process may be served in any district in which
the defendant—
(A) is an inhabitant; or
(B) may be found.
SEC. 1306. ADMINISTRATION AND APPLICABILITY OF ACT.

(a) IN GENERAL.—Except as otherwise provided, this title shall
be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(b) PROVISIONS.—Compliance with the requirements imposed
under this title shall be enforced under—
(1) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), in the case of—
(A) national banks, and Federal branches and Federal
agencies of foreign banks, by the Office of the Comptroller
of the Currency;
(B) member banks of the Federal Reserve System
(other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies,
and insured State branches of foreign banks), commercial
lending companies owned or controlled by foreign banks,
and organizations operating under section 25 or 25(a) of
the Federal Reserve Act (12 U.S.C. 601 et seq. and 611
et. seq.), by the Board; and
(C) banks insured by the Federal Deposit Insurance
Corporation (other than members of the Federal Reserve
System) and insured State branches of foreign banks, by
the Board of Directors of the Federal Deposit Insurance
Corporation;
(2) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), by the Director of the Office of Thrift Supervision,
in the case of a savings association the deposits of which
are insured by the Federal Deposit Insurance Corporation;
(3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.)
by the National Credit Union Administration Board with
respect to any Federal credit union;
(4) part A of subtitle VII of title 49, United States Code,
by the Secretary of Transportation with respect to any air
carrier or foreign air carrier subject to that part;
(5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181
et. seq.) (except as provided in section 406 of that Act (7

15 USC 6505.

112 STAT. 2681–735

PUBLIC LAW 105–277—OCT. 21, 1998

U.S.C. 226, 227)), by the Secretary of Agriculture with respect
to any activities subject to that Act; and
(6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.)
by the Farm Credit Administration with respect to any Federal
land bank, Federal land bank association, Federal intermediate
credit bank, or production credit association.
(c) EXERCISE OF CERTAIN POWERS.—For the purpose of the
exercise by any agency referred to in subsection (a) of its powers
under any Act referred to in that subsection, a violation of any
requirement imposed under this title shall be deemed to be a
violation of a requirement imposed under that Act. In addition
to its powers under any provision of law specifically referred to
in subsection (a), each of the agencies referred to in that subsection
may exercise, for the purpose of enforcing compliance with any
requirement imposed under this title, any other authority conferred
on it by law.
(d) ACTIONS BY THE COMMISSION.—The Commission shall prevent any person from violating a rule of the Commission under
section 1303 in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of
this title. Any entity that violates such rule shall be subject to
the penalties and entitled to the privileges and immunities provided
in the Federal Trade Commission Act in the same manner, by
the same means, and with the same jurisdiction, power, and duties
as though all applicable terms and provisions of the Federal Trade
Commission Act were incorporated into and made a part of this
title.
(e) EFFECT ON OTHER LAWS.—Nothing contained in the Act
shall be construed to limit the authority of the Commission under
any other provisions of law.
15 USC 6506.

Reports.
15 USC 6501
note.

SEC. 1307. REVIEW.

Not later than 5 years after the effective date of the regulations
initially issued under section 1303, the Commission shall—
(1) review the implementation of this title, including the
effect of the implementation of this title on practices relating
to the collection and disclosure of information relating to children, children’s ability to obtain access to information of their
choice online, and on the availability of websites directed to
children; and
(2) prepare and submit to Congress a report on the results
of the review under paragraph (1).
SEC. 1308. EFFECTIVE DATE.

Sections 1303(a), 1305, and 1306 of this title take effect on
the later of—
(1) the date that is 18 months after the date of enactment
of this Act; or
(2) the date on which the Commission rules on the first
application filed for safe harbor treatment under section 1304
if the Commission does not rule on the first such application
within one year after the date of enactment of this Act, but
in no case later than the date that is 30 months after the
date of enactment of this Act.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–736

TITLE XIV—CHILD ONLINE PROTECTION
SEC. 1401. SHORT TITLE.

Child Online
Protection Act.
47 USC 609 note.

This title may be cited as the ‘‘Child Online Protection Act’’.
SEC. 1402. CONGRESSIONAL FINDINGS.

47 USC 231 note.

The Congress finds that—
(1) while custody, care, and nurture of the child resides
first with the parent, the widespread availability of the Internet
presents opportunities for minors to access materials through
the World Wide Web in a manner that can frustrate parental
supervision or control;
(2) the protection of the physical and psychological wellbeing of minors by shielding them from materials that are
harmful to them is a compelling governmental interest;
(3) to date, while the industry has developed innovative
ways to help parents and educators restrict material that is
harmful to minors through parental control protections and
self-regulation, such efforts have not provided a national solution to the problem of minors accessing harmful material on
the World Wide Web;
(4) a prohibition on the distribution of material harmful
to minors, combined with legitimate defenses, is currently the
most effective and least restrictive means by which to satisfy
the compelling government interest; and
(5) notwithstanding the existence of protections that limit
the distribution over the World Wide Web of material that
is harmful to minors, parents, educators, and industry must
continue efforts to find ways to protect children from being
exposed to harmful material found on the Internet.
SEC. 1403. REQUIREMENT TO RESTRICT ACCESS BY MINORS TO MATERIALS COMMERCIALLY DISTRIBUTED BY MEANS OF THE
WORLD WIDE WEB THAT ARE HARMFUL TO MINORS.

Part I of title II of the Communications Act of 1934 (47 U.S.C.
201 et seq.) is amended by adding at the end the following new
section:
‘‘SEC. 231. RESTRICTION OF ACCESS BY MINORS TO MATERIALS
COMMERCIALLY DISTRIBUTED BY MEANS OF WORLD
WIDE WEB THAT ARE HARMFUL TO MINORS.

‘‘(a) REQUIREMENT TO RESTRICT ACCESS.—
‘‘(1) PROHIBITED CONDUCT.—Whoever knowingly and with
knowledge of the character of the material, in interstate or
foreign commerce by means of the World Wide Web, makes
any communication for commercial purposes that is available
to any minor and that includes any material that is harmful
to minors shall be fined not more than $50,000, imprisoned
not more than 6 months, or both.
‘‘(2) INTENTIONAL VIOLATIONS.—In addition to the penalties
under paragraph (1), whoever intentionally violates such paragraph shall be subject to a fine of not more than $50,000
for each violation. For purposes of this paragraph, each day
of violation shall constitute a separate violation.
‘‘(3) CIVIL PENALTY.—In addition to the penalties under
paragraphs (1) and (2), whoever violates paragraph (1) shall
be subject to a civil penalty of not more than $50,000 for

47 USC 231.

112 STAT. 2681–737

PUBLIC LAW 105–277—OCT. 21, 1998

each violation. For purposes of this paragraph, each day of
violation shall constitute a separate violation.
‘‘(b) INAPPLICABILITY OF CARRIERS AND OTHER SERVICE PROVIDERS.—For purposes of subsection (a), a person shall not be considered to make any communication for commercial purposes to the
extent that such person is—
‘‘(1) a telecommunications carrier engaged in the provision
of a telecommunications service;
‘‘(2) a person engaged in the business of providing an
Internet access service;
‘‘(3) a person engaged in the business of providing an
Internet information location tool; or
‘‘(4) similarly engaged in the transmission, storage,
retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another person, without selection or alteration of the content of the communication,
except that such person’s deletion of a particular communication
or material made by another person in a manner consistent
with subsection (c) or section 230 shall not constitute such
selection or alteration of the content of the communication.
‘‘(c) AFFIRMATIVE DEFENSE.—
‘‘(1) DEFENSE.—It is an affirmative defense to prosecution
under this section that the defendant, in good faith, has
restricted access by minors to material that is harmful to
minors—
‘‘(A) by requiring use of a credit card, debit account,
adult access code, or adult personal identification number;
‘‘(B) by accepting a digital certificate that verifies age;
or
‘‘(C) by any other reasonable measures that are feasible
under available technology.
‘‘(2) PROTECTION FOR USE OF DEFENSES.—No cause of action
may be brought in any court or administrative agency against
any person on account of any activity that is not in violation
of any law punishable by criminal or civil penalty, and that
the person has taken in good faith to implement a defense
authorized under this subsection or otherwise to restrict or
prevent the transmission of, or access to, a communication
specified in this section.
‘‘(d) PRIVACY PROTECTION REQUIREMENTS.—
‘‘(1) DISCLOSURE OF INFORMATION LIMITED.—A person making a communication described in subsection (a)—
‘‘(A) shall not disclose any information collected for
the purposes of restricting access to such communications
to individuals 17 years of age or older without the prior
written or electronic consent of—
‘‘(i) the individual concerned, if the individual is
an adult; or
‘‘(ii) the individual’s parent or guardian, if the
individual is under 17 years of age; and
‘‘(B) shall take such actions as are necessary to prevent
unauthorized access to such information by a person other
than the person making such communication and the
recipient of such communication.
‘‘(2) EXCEPTIONS.—A person making a communication
described in subsection (a) may disclose such information if
the disclosure is—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–738

‘‘(A) necessary to make the communication or conduct
a legitimate business activity related to making the communication; or
‘‘(B) made pursuant to a court order authorizing such
disclosure.
‘‘(e) DEFINITIONS.—For purposes of this subsection, the following
definitions shall apply:
‘‘(1) BY MEANS OF THE WORLD WIDE WEB.—The term ‘by
means of the World Wide Web’ means by placement of material
in a computer server-based file archive so that it is publicly
accessible, over the Internet, using hypertext transfer protocol
or any successor protocol.
‘‘(2) COMMERCIAL PURPOSES; ENGAGED IN THE BUSINESS.—
‘‘(A) COMMERCIAL PURPOSES.—A person shall be considered to make a communication for commercial purposes
only if such person is engaged in the business of making
such communications.
‘‘(B) ENGAGED IN THE BUSINESS.—The term ‘engaged
in the business’ means that the person who makes a
communication, or offers to make a communication, by
means of the World Wide Web, that includes any material
that is harmful to minors, devotes time, attention, or labor
to such activities, as a regular course of such person’s
trade or business, with the objective of earning a profit
as a result of such activities (although it is not necessary
that the person make a profit or that the making or offering
to make such communications be the person’s sole or principal business or source of income). A person may be considered to be engaged in the business of making, by means
of the World Wide Web, communications for commercial
purposes that include material that is harmful to minors,
only if the person knowingly causes the material that is
harmful to minors to be posted on the World Wide Web
or knowingly solicits such material to be posted on the
World Wide Web.
‘‘(3) INTERNET.—The term ‘Internet’ means the combination
of computer facilities and electromagnetic transmission media,
and related equipment and software, comprising the interconnected worldwide network of computer networks that employ
the Transmission Control Protocol/Internet Protocol or any
successor protocol to transmit information.
‘‘(4) INTERNET ACCESS SERVICE.—The term ‘Internet access
service’ means a service that enables users to access content,
information, electronic mail, or other services offered over the
Internet, and may also include access to proprietary content,
information, and other services as part of a package of services
offered to consumers. Such term does not include telecommunications services.
‘‘(5) INTERNET INFORMATION LOCATION TOOL.—The term
‘Internet information location tool’ means a service that refers
or links users to an online location on the World Wide Web.
Such term includes directories, indices, references, pointers,
and hypertext links.
‘‘(6) MATERIAL THAT IS HARMFUL TO MINORS.—The term
‘material that is harmful to minors’ means any communication,
picture, image, graphic image file, article, recording, writing,
or other matter of any kind that is obscene or that—

112 STAT. 2681–739

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(A) the average person, applying contemporary
community standards, would find, taking the material as
a whole and with respect to minors, is designed to appeal
to, or is designed to pander to, the prurient interest;
‘‘(B) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated
normal or perverted sexual act, or a lewd exhibition of
the genitals or post-pubescent female breast; and
‘‘(C) taken as a whole, lacks serious literary, artistic,
political, or scientific value for minors.
‘‘(7) MINOR.—The term ‘minor’ means any person under
17 years of age.’’.
SEC. 1404. NOTICE REQUIREMENT.

(a) NOTICE.—Section 230 of the Communications Act of 1934
(47 U.S.C. 230) is amended—
(1) in subsection (d)(1), by inserting ‘‘or 231’’ after ‘‘section
223’’;
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following new subsection:
‘‘(d) OBLIGATIONS OF INTERACTIVE COMPUTER SERVICE.—A provider of interactive computer service shall, at the time of entering
an agreement with a customer for the provision of interactive computer service and in a manner deemed appropriate by the provider,
notify such customer that parental control protections (such as
computer hardware, software, or filtering services) are commercially
available that may assist the customer in limiting access to material
that is harmful to minors. Such notice shall identify, or provide
the customer with access to information identifying, current providers of such protections.’’.
(b) CONFORMING AMENDMENT.—Section 223(h)(2) of the
Communications Act of 1934 (47 U.S.C. 223(h)(2)) is amended by
striking ‘‘230(e)(2)’’ and inserting ‘‘230(f)(2)’’.
47 USC 231 note.

SEC. 1405. STUDY BY COMMISSION ON ONLINE CHILD PROTECTION.

(a) ESTABLISHMENT.—There is hereby established a temporary
Commission to be known as the Commission on Online Child Protection (in this section referred to as the ‘‘Commission’’) for the purpose
of conducting a study under this section regarding methods to
help reduce access by minors to material that is harmful to minors
on the Internet.
(b) MEMBERSHIP.—The Commission shall be composed of 19
members, as follows:
(1) INDUSTRY MEMBERS.—The Commission shall include—
(A) 2 members who are engaged in the business of
providing Internet filtering or blocking services or software;
(B) 2 members who are engaged in the business of
providing Internet access services;
(C) 2 members who are engaged in the business of
providing labeling or ratings services;
(D) 2 members who are engaged in the business of
providing Internet portal or search services;
(E) 2 members who are engaged in the business of
providing domain name registration services;

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–740

(F) 2 members who are academic experts in the field
of technology; and
(G) 4 members who are engaged in the business of
making content available over the Internet.
Of the members of the Commission by reason of each
subparagraph of this paragraph, an equal number shall be
appointed by the Speaker of the House of Representatives and
by the Majority Leader of the Senate.
(2) EX OFFICIO MEMBERS.—The Commission shall include
the following officials:
(A) The Assistant Secretary (or the Assistant Secretary’s designee).
(B) The Attorney General (or the Attorney General’s
designee).
(C) The Chairman of the Federal Trade Commission
(or the Chairman’s designee).
(c) STUDY.—
(1) IN GENERAL.—The Commission shall conduct a study
to identify technological or other methods that—
(A) will help reduce access by minors to material that
is harmful to minors on the Internet; and
(B) may meet the requirements for use as affirmative
defenses for purposes of section 231(c) of the Communications Act of 1934 (as added by this title).
Any methods so identified shall be used as the basis for
making legislative recommendations to the Congress under subsection (d)(3).
(2) SPECIFIC METHODS.—In carrying out the study, the
Commission shall identify and analyze various technological
tools and methods for protecting minors from material that
is harmful to minors, which shall include (without limitation)—
(A) a common resource for parents to use to help protect minors (such as a ‘‘one-click-away’’ resource);
(B) filtering or blocking software or services;
(C) labeling or rating systems;
(D) age verification systems;
(E) the establishment of a domain name for posting
of any material that is harmful to minors; and
(F) any other existing or proposed technologies or methods for reducing access by minors to such material.
(3) ANALYSIS.—In analyzing technologies and other methods identified pursuant to paragraph (2), the Commission shall
examine—
(A) the cost of such technologies and methods;
(B) the effects of such technologies and methods on
law enforcement entities;
(C) the effects of such technologies and methods on
privacy;
(D) the extent to which material that is harmful to
minors is globally distributed and the effect of such technologies and methods on such distribution;
(E) the accessibility of such technologies and methods
to parents; and
(F) such other factors and issues as the Commission
considers relevant and appropriate.
(d) REPORT.—Not later than 1 year after the enactment of
this Act, the Commission shall submit a report to the Congress

112 STAT. 2681–741

PUBLIC LAW 105–277—OCT. 21, 1998

containing the results of the study under this section, which shall
include—
(1) a description of the technologies and methods identified
by the study and the results of the analysis of each such
technology and method;
(2) the conclusions and recommendations of the Commission regarding each such technology or method;
(3) recommendations for legislative or administrative
actions to implement the conclusions of the committee; and
(4) a description of the technologies or methods identified
by the study that may meet the requirements for use as affirmative defenses for purposes of section 231(c) of the Communications Act of 1934 (as added by this title).
(e) STAFF AND RESOURCES.—The Assistant Secretary for
Communication and Information of the Department of Commerce
shall provide to the Commission such staff and resources as the
Assistant Secretary determines necessary for the Commission to
perform its duty efficiently and in accordance with this section.
(f) TERMINATION.—The Commission shall terminate 30 days
after the submission of the report under subsection (d).
(g) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Commission.
47 USC 223 note.

SEC. 1406. EFFECTIVE DATE.

This title and the amendments made by this title shall take
effect 30 days after the date of enactment of this Act.
Vaccine Injury
Compensation
Program
Modification Act.
26 USC 1 note.

TITLE XV—VACCINE INJURY COMPENSATION PROGRAM
MODIFICATION ACT
SECTION 1501. SHORT TITLE.

This title may be cited as the ‘‘Vaccine Injury Compensation
Program Modification Act’’.
SEC. 1502. ELIMINATION OF THRESHOLD REQUIREMENT OF UNREIMBURSABLE EXPENSES.

Section 2111(c)(1)(D)(i) of
U.S.C. 300aa–11(c)(1)(D)(i)) is
unreimbursable expenses due
disability, injury, or condition

the Public Health Service Act (42
amended by striking ‘‘and incurred
in whole or in part to such illness,
in an amount greater than $1,000’’.

SEC. 1503. INCLUSION OF ROTAVIRUS GASTROENTERITIS AS A TAXABLE VACCINE.
26 USC 4132.

26 USC 4132
note.

(a) IN GENERAL.—Section 4132(1) of the Internal Revenue Code
of 1986 (defining taxable vaccine) is amended by adding at the
end the following new subparagraph:
‘‘(K) Any vaccine against rotavirus gastroenteritis.’’.
(b) EFFECTIVE DATE.—
(1) SALES.—The amendment made by this section shall
apply to sales after the date of the enactment of this Act.
(2) DELIVERIES.—For purposes of paragraph (1), in the
case of sales on or before the date of the enactment of this
Act for which delivery is made after such date, the delivery
date shall be considered the sale date.
SEC. 1504. VACCINE INJURY COMPENSATION TRUST FUND.

(a) AMENDMENTS RELATED

TO

SECTION 904

OF

1997 ACT.—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–742

(1) Paragraph (1) of section 9510(c) of the 1986 Code is
amended to read as follows:
‘‘(1) IN GENERAL.—Amounts in the Vaccine Injury Compensation Trust Fund shall be available, as provided in appropriation Acts, only for—
‘‘(A) the payment of compensation under subtitle 2
of title XXI of the Public Health Service Act (as in effect
on August 6, 1997) for vaccine-related injury or death with
respect to any vaccine—
‘‘(i) which is administered after September 30,
1988, and
‘‘(ii) which is a taxable vaccine (as defined in section 4132(a)(1)) at the time the vaccine was administered, or
‘‘(B) the payment of all expenses of administration
incurred by the Federal Government in administering such
subtitle.’’.
(2) Section 9510(b) of the 1986 Code is amended by adding
at the end the following new paragraph:
‘‘(3) LIMITATION ON TRANSFERS TO VACCINE INJURY COMPENSATION TRUST FUND.—No amount may be appropriated to
the Vaccine Injury Compensation Trust Fund on and after
the date of any expenditure from the Trust Fund which is
not permitted by this section. The determination of whether
an expenditure is so permitted shall be made without regard
to—
‘‘(A) any provision of law which is not contained or
referenced in this title or in a revenue Act, and
‘‘(B) whether such provision of law is a subsequently
enacted provision or directly or indirectly seeks to waive
the application of this paragraph.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the provisions of the Taxpayer
Relief Act of 1997 to which they relate.
TITLE XVI—SERVICE CONNECTION FOR PERSIAN GULF
WAR ILLNESSES
SEC. 1601. SHORT TITLE.

This title may be cited as the ‘‘Persian Gulf War Veterans
Act of 1998’’.
SEC. 1602. PRESUMPTION OF SERVICE CONNECTION FOR ILLNESSES
ASSOCIATED WITH SERVICE IN THE PERSIAN GULF DURING THE PERSIAN GULF WAR.

(a) IN GENERAL.—(1) Subchapter II of chapter 11 of title 38,
United States Code, is amended by adding at the end the following:
‘‘§ 1118. Presumptions of service connection for illnesses
associated with service in the Persian Gulf during the Persian Gulf War
‘‘(a)(1) For purposes of section 1110 of this title, and subject
to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated
by service referred to in that paragraph, notwithstanding that there
is no record of evidence of such illness during the period of such
service.

26 USC 9510.

26 USC 9510
note.

Persian Gulf War
Veterans Act of
1998.
38 USC 101 note.

112 STAT. 2681–743

Regulations.

Regulations.

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(2) An illness referred to in paragraph (1) is any diagnosed
or undiagnosed illness that—
‘‘(A) the Secretary determines in regulations prescribed
under this section to warrant a presumption of service connection by reason of having a positive association with exposure
to a biological, chemical, or other toxic agent, environmental
or wartime hazard, or preventive medicine or vaccine known
or presumed to be associated with service in the Armed Forces
in the Southwest Asia theater of operations during the Persian
Gulf War; and
‘‘(B) becomes manifest within the period, if any, prescribed
in such regulations in a veteran who served on active duty
in that theater of operations during that war and by reason
of such service was exposed to such agent, hazard, or medicine
or vaccine.
‘‘(3) For purposes of this subsection, a veteran who served
on active duty in the Southwest Asia theater of operations during
the Persian Gulf War and has an illness described in paragraph
(2) shall be presumed to have been exposed by reason of such
service to the agent, hazard, or medicine or vaccine associated
with the illness in the regulations prescribed under this section
unless there is conclusive evidence to establish that the veteran
was not exposed to the agent, hazard, or medicine or vaccine by
reason of such service.
‘‘(b)(1)(A) Whenever the Secretary makes a determination
described in subparagraph (B), the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for the illness covered by that determination for purposes
of this section.
‘‘(B) A determination referred to in subparagraph (A) is a
determination based on sound medical and scientific evidence that
a positive association exists between—
‘‘(i) the exposure of humans or animals to a biological,
chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine known or presumed
to be associated with service in the Southwest Asia theater
of operations during the Persian Gulf War; and
‘‘(ii) the occurrence of a diagnosed or undiagnosed illness
in humans or animals.
‘‘(2)(A) In making determinations for purposes of paragraph
(1), the Secretary shall take into account—
‘‘(i) the reports submitted to the Secretary by the National
Academy of Sciences under section 1603 of the Persian Gulf
War Veterans Act of 1998; and
‘‘(ii) all other sound medical and scientific information and
analyses available to the Secretary.
‘‘(B) In evaluating any report, information, or analysis for purposes of making such determinations, the Secretary shall take
into consideration whether the results are statistically significant,
are capable of replication, and withstand peer review.
‘‘(3) An association between the occurrence of an illness in
humans or animals and exposure to an agent, hazard, or medicine
or vaccine shall be considered to be positive for purposes of this
subsection if the credible evidence for the association is equal to
or outweighs the credible evidence against the association.
‘‘(c)(1) Not later than 60 days after the date on which the
Secretary receives a report from the National Academy of Sciences

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–744

under section 1603 of the Persian Gulf War Veterans Act of 1998,
the Secretary shall determine whether or not a presumption of
service connection is warranted for each illness, if any, covered
by the report.
‘‘(2) If the Secretary determines under this subsection that
a presumption of service connection is warranted, the Secretary
shall, not later than 60 days after making the determination, issue
proposed regulations setting forth the Secretary’s determination.
‘‘(3)(A) If the Secretary determines under this subsection that
a presumption of service connection is not warranted, the Secretary
shall, not later than 60 days after making the determination, publish in the Federal Register a notice of the determination. The
notice shall include an explanation of the scientific basis for the
determination.
‘‘(B) If an illness already presumed to be service connected
under this section is subject to a determination under subparagraph
(A), the Secretary shall, not later than 60 days after publication
of the notice under that subparagraph, issue proposed regulations
removing the presumption of service connection for the illness.
‘‘(4) Not later than 90 days after the date on which the Secretary
issues any proposed regulations under this subsection, the Secretary
shall issue final regulations. Such regulations shall be effective
on the date of issuance.
‘‘(d) Whenever the presumption of service connection for an
illness under this section is removed under subsection (c)—
‘‘(1) a veteran who was awarded compensation for the illness on the basis of the presumption before the effective date
of the removal of the presumption shall continue to be entitled
to receive compensation on that basis; and
‘‘(2) a survivor of a veteran who was awarded dependency
and indemnity compensation for the death of a veteran resulting from the illness on the basis of the presumption before
that date shall continue to be entitled to receive dependency
and indemnity compensation on that basis.
‘‘(e) Subsections (b) through (d) shall cease to be effective 10
years after the first day of the fiscal year in which the National
Academy of Sciences submits to the Secretary the first report under
section 1603 of the Persian Gulf War Veterans Act of 1998.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1117
the following new item:
‘‘1118. Presumptions of service connection for illnesses associated with service in
the Persian Gulf during the Persian Gulf War.’’.

(b) CONFORMING AMENDMENTS.—Section 1113 of title 38, United
States Code, is amended—
(1) by striking out ‘‘or 1117’’ each place it appears and
inserting in lieu thereof ‘‘1117, or 1118’’; and
(2) in subsection (a), by striking out ‘‘or 1116’’ and inserting
in lieu thereof ‘‘, 1116, or 1118’’.
(c) COMPENSATION FOR UNDIAGNOSED GULF WAR ILLNESSES.—
Section 1117 of title 38, United States Code, is amended—
(1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new subsection (c):

Regulations.

Federal Register,
publication.

Regulations.

Regulations.
Effective date.

Termination
date.

112 STAT. 2681–745

Termination
date.

38 USC 1117
note.

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(c)(1) Whenever the Secretary determines under section 1118(c)
of this title that a presumption of service connection for an
undiagnosed illness (or combination of undiagnosed illnesses) previously established under this section is no longer warranted—
‘‘(A) a veteran who was awarded compensation under this
section for such illness (or combination of illnesses) on the
basis of the presumption shall continue to be entitled to receive
compensation under this section on that basis; and
‘‘(B) a survivor of a veteran who was awarded dependency
and indemnity compensation for the death of a veteran resulting from the disease on the basis of the presumption before
that date shall continue to be entitled to receive dependency
and indemnity compensation on that basis.
‘‘(2) This subsection shall cease to be effective 10 years after
the first day of the fiscal year in which the National Academy
of Sciences submits to the Secretary the first report under section
1603 of the Persian Gulf War Veterans Act of 1998.’’.
SEC. 1603. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES.

(a) PURPOSE.—The purpose of this section is to provide for
the National Academy of Sciences, an independent nonprofit scientific organization with appropriate expertise, to review and evaluate the available scientific evidence regarding associations between
illnesses and exposure to toxic agents, environmental or wartime
hazards, or preventive medicines or vaccines associated with Gulf
War service.
(b) AGREEMENT.—The Secretary of Veterans Affairs shall seek
to enter into an agreement with the National Academy of Sciences
for the Academy to perform the activities covered by this section.
The Secretary shall seek to enter into the agreement not later
than two months after the date of enactment of this Act.
(c) IDENTIFICATION OF AGENTS AND ILLNESSES.—(1) Under the
agreement under subsection (b), the National Academy of Sciences
shall—
(A) identify the biological, chemical, or other toxic agents,
environmental or wartime hazards, or preventive medicines
or vaccines to which members of the Armed Forces who served
in the Southwest Asia theater of operations during the Persian
Gulf War may have been exposed by reason of such service;
and
(B) identify the illnesses (including diagnosed illnesses and
undiagnosed illnesses) that are manifest in such members.
(2) In identifying illnesses under paragraph (1)(B), the Academy
shall review and summarize the relevant scientific evidence regarding illnesses among the members described in paragraph (1)(A)
and among other appropriate populations of individuals, including
mortality, symptoms, and adverse reproductive health outcomes
among such members and individuals.
(d) INITIAL CONSIDERATION OF SPECIFIC AGENTS.—(1) In identifying under subsection (c) the agents, hazards, or preventive medicines or vaccines to which members of the Armed Forces may
have been exposed for purposes of the first report under subsection
(i), the National Academy of Sciences shall consider, within the
first six months after the date of enactment of this Act, the following:
(A) The following organophosphorous pesticides:
(i) Chlorpyrifos.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–746

(ii) Diazinon.
(iii) Dichlorvos.
(iv) Malathion.
(B) The following carbamate pesticides:
(i) Proxpur.
(ii) Carbaryl.
(iii) Methomyl.
(C) The carbamate pyridostigmine bromide used as nerve
agent prophylaxis.
(D) The following chlorinated hydrocarbon and other pesticides and repellents:
(i) Lindane.
(ii) Pyrethrins.
(iii) Permethrins.
(iv) Rodenticides (bait).
(v) Repellent (DEET).
(E) The following low-level nerve agents and precursor
compounds at exposure levels below those which produce immediately apparent incapacitating symptoms:
(i) Sarin.
(ii) Tabun.
(F) The following synthetic chemical compounds:
(i) Mustard agents at levels below those which cause
immediate blistering.
(ii) Volatile organic compounds.
(iii) Hydrazine.
(iv) Red fuming nitric acid.
(v) Solvents.
(vi) Uranium.
(G) The following ionizing radiation:
(i) Depleted uranium.
(ii) Microwave radiation.
(iii) Radio frequency radiation.
(H) The following environmental particulates and pollutants:
(i) Hydrogen sulfide.
(ii) Oil fire byproducts.
(iii) Diesel heater fumes.
(iv) Sand micro-particles.
(I) Diseases endemic to the region (including the following):
(i) Leishmaniasis.
(ii) Sandfly fever.
(iii) Pathogenic escherechia coli.
(iv) Shigellosis.
(J) Time compressed administration of multiple live,
‘attenuated’, and toxoid vaccines.
(2) The consideration of agents, hazards, and medicines and
vaccines under paragraph (1) shall not preclude the Academy from
identifying other agents, hazards, or medicines or vaccines to which
members of the Armed Forces may have been exposed for purposes
of any report under subsection (i).
(3) Not later than six months after the date of enactment
of this Act, the Academy shall submit to the designated congressional committees a report specifying the agents, hazards, and
medicines and vaccines considered under paragraph (1).
(e) DETERMINATIONS OF ASSOCIATIONS BETWEEN AGENTS AND
ILLNESSES.—(1) For each agent, hazard, or medicine or vaccine

Reports.

112 STAT. 2681–747

PUBLIC LAW 105–277—OCT. 21, 1998

and illness identified under subsection (c), the National Academy
of Sciences shall determine, to the extent that available scientific
data permit meaningful determinations—
(A) whether a statistical association exists between exposure to the agent, hazard, or medicine or vaccine and the
illness, taking into account the strength of the scientific evidence and the appropriateness of the scientific methodology
used to detect the association;
(B) the increased risk of the illness among human or animal
populations exposed to the agent, hazard, or medicine or vaccine; and
(C) whether a plausible biological mechanism or other evidence of a causal relationship exists between exposure to the
agent, hazard, or medicine or vaccine and the illness.
(2) The Academy shall include in its reports under subsection
(i) a full discussion of the scientific evidence and reasoning that
led to its conclusions under this subsection.
(f) REVIEW OF POTENTIAL TREATMENT MODELS FOR CERTAIN
ILLNESSES.—Under the agreement under subsection (b), the
National Academy of Sciences shall separately review, for each
chronic undiagnosed illness identified under subsection (c)(1)(B)
and for any other chronic illness that the Academy determines
to warrant such review, the available scientific data in order to
identify empirically valid models of treatment for such illnesses
which employ successful treatment modalities for populations with
similar symptoms.
(g) RECOMMENDATIONS FOR ADDITIONAL SCIENTIFIC STUDIES.—
(1) Under the agreement under subsection (b), the National Academy of Sciences shall make any recommendations that it considers
appropriate for additional scientific studies (including studies relating to treatment models) to resolve areas of continuing scientific
uncertainty relating to the health consequences of exposure to toxic
agents, environmental or wartime hazards, or preventive medicines
or vaccines associated with Gulf War service.
(2) In making recommendations for additional studies, the
Academy shall consider the available scientific data, the value
and relevance of the information that could result from such studies,
and the cost and feasibility of carrying out such studies.
(h) SUBSEQUENT REVIEWS.—(1) Under the agreement under
subsection (b), the National Academy of Sciences shall conduct
on a periodic and ongoing basis additional reviews of the evidence
and data relating to its activities under this section.
(2) As part of each review under this subsection, the Academy
shall—
(A) conduct as comprehensive a review as is practicable
of the evidence referred to in subsection (c) and the data
referred to in subsections (e), (f), and (g) that became available
since the last review of such evidence and data under this
section; and
(B) make determinations under the subsections referred
to in subparagraph (A) on the basis of the results of such
review and all other reviews previously conducted for purposes
of this section.
(i) REPORTS.—(1) Under the agreement under subsection (b),
the National Academy of Sciences shall submit to the committees
and officials referred to in paragraph (5) periodic written reports
regarding the Academy’s activities under the agreement.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–748

(2) The first report under paragraph (1) shall be submitted
not later than 18 months after the date of enactment of this Act.
That report shall include—
(A) the determinations and discussion referred to in subsection (e);
(B) the results of the review of models of treatment under
subsection (f); and
(C) any recommendations of the Academy under subsection
(g).
(3) Reports shall be submitted under this subsection at least
once every two years, as measured from the date of the report
under paragraph (2).
(4) In any report under this subsection (other than the report
under paragraph (2)), the Academy may specify an absence of
meaningful developments in the scientific or medical community
with respect to the activities of the Academy under this section
during the 2-year period ending on the date of such report.
(5) Reports under this subsection shall be submitted to the
following:
(A) The designated congressional committees.
(B) The Secretary of Veterans Affairs.
(C) The Secretary of Defense.
(j) SUNSET.—This section shall cease to be effective 10 years
after the last day of the fiscal year in which the National Academy
of Sciences submits the first report under subsection (i).
(k) ALTERNATIVE CONTRACT SCIENTIFIC ORGANIZATION.—(1) If
the Secretary is unable within the time period set forth in subsection (b) to enter into an agreement with the National Academy
of Sciences for the purposes of this section on terms acceptable
to the Secretary, the Secretary shall seek to enter into an agreement
for purposes of this section with another appropriate scientific
organization that is not part of the Government, operates as a
not-for-profit entity, and has expertise and objectivity comparable
to that of the National Academy of Sciences.
(2) If the Secretary enters into an agreement with another
organization under this subsection, any reference in this section
and section 1118 of title 38, United States Code (as added by
section 1602(a)), to the National Academy of Sciences shall be
treated as a reference to such other organization.
SEC. 1604. REPEAL OF INCONSISTENT PROVISIONS OF LAW.

In the event of the enactment, before, on, or after the date
of the enactment of this Act, of section 101 of the Veterans Programs
Enhancement Act of 1998, or any similar provision of law enacted
during the second session of the 105th Congress requiring an agreement with the National Academy of Sciences regarding an evaluation of health consequences of service in Southwest Asia during
the Persian Gulf War, such section 101 (or other provision of law)
shall be treated as if never enacted, and shall have no force or
effect.
SEC. 1605. DEFINITIONS.

In this title:
(1) The term ‘‘toxic agent, environmental or wartime hazard, or preventive medicine or vaccine associated with Gulf
War service’’ means a biological, chemical, or other toxic agent,
environmental or wartime hazard, or preventive medicine or
vaccine that is known or presumed to be associated with service

38 USC 1117
note.

38 USC 1117
note.

112 STAT. 2681–749

PUBLIC LAW 105–277—OCT. 21, 1998

in the Armed Forces in the Southwest Asia theater of operations
during the Persian Gulf War, whether such association arises
as a result of single, repeated, or sustained exposure and
whether such association arises through exposure singularly
or in combination.
(2) The term ‘‘designated congressional committees’’ means
the following:
(A) The Committees on Veterans’ Affairs and Armed
Services of the Senate.
(B) The Committees on Veterans’ Affairs and National
Security of the House of Representatives.
(3) The term ‘‘Persian Gulf War’’ has the meaning given
that term in section 101(33) of title 38, United States Code.
Government
Paperwork
Elimination Act.
44 USC 3504
note.

TITLE XVII—GOVERNMENT PAPERWORK ELIMINATION ACT
SEC. 1701. SHORT TITLE.

This title may be cited as the ‘‘Government Paperwork Elimination Act’’.
SEC. 1702. AUTHORITY OF OMB TO PROVIDE FOR ACQUISITION AND
USE OF ALTERNATIVE INFORMATION TECHNOLOGIES BY
EXECUTIVE AGENCIES.

Section 3504(a)(1)(B)(vi) of title 44, United States Code, is
amended to read as follows:
‘‘(vi) the acquisition and use of information technology, including alternative information technologies
that provide for electronic submission, maintenance,
or disclosure of information as a substitute for paper
and for the use and acceptance of electronic signatures.’’.
SEC. 1703. PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC
SIGNATURES BY EXECUTIVE AGENCIES.

(a) IN GENERAL.—In order to fulfill the responsibility to administer the functions assigned under chapter 35 of title 44, United
States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106) and the amendments made
by that Act, and the provisions of this title, the Director of the
Office of Management and Budget shall, in consultation with the
National Telecommunications and Information Administration and
not later than 18 months after the date of enactment of this Act,
develop procedures for the use and acceptance of electronic signatures by Executive agencies.
(b) REQUIREMENTS FOR PROCEDURES.—(1) The procedures developed under subsection (a)—
(A) shall be compatible with standards and technology for
electronic signatures that are generally used in commerce and
industry and by State governments;
(B) may not inappropriately favor one industry or technology;
(C) shall ensure that electronic signatures are as reliable
as is appropriate for the purpose in question and keep intact
the information submitted;
(D) shall provide for the electronic acknowledgment of electronic forms that are successfully submitted; and
(E) shall, to the extent feasible and appropriate, require
an Executive agency that anticipates receipt by electronic

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–750

means of 50,000 or more submittals of a particular form to
take all steps necessary to ensure that multiple methods of
electronic signatures are available for the submittal of such
form.
(2) The Director shall ensure the compatibility of the procedures
under paragraph (1)(A) in consultation with appropriate private
bodies and State government entities that set standards for the
use and acceptance of electronic signatures.
SEC. 1704. DEADLINE FOR IMPLEMENTATION BY EXECUTIVE AGENCIES
OF PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES.

In order to fulfill the responsibility to administer the functions
assigned under chapter 35 of title 44, United States Code, the
provisions of the Clinger-Cohen Act of 1996 (divisions D and E
of Public Law 104–106) and the amendments made by that Act,
and the provisions of this title, the Director of the Office of Management and Budget shall ensure that, commencing not later than
five years after the date of enactment of this Act, Executive agencies
provide—
(1) for the option of the electronic maintenance, submission,
or disclosure of information, when practicable as a substitute
for paper; and
(2) for the use and acceptance of electronic signatures,
when practicable.
SEC. 1705. ELECTRONIC STORAGE AND FILING OF EMPLOYMENT
FORMS.

In order to fulfill the responsibility to administer the functions
assigned under chapter 35 of title 44, United States Code, the
provisions of the Clinger-Cohen Act of 1996 (divisions D and E
of Public Law 104–106) and the amendments made by that Act,
and the provisions of this title, the Director of the Office of Management and Budget shall, not later than 18 months after the date
of enactment of this Act, develop procedures to permit private
employers to store and file electronically with Executive agencies
forms containing information pertaining to the employees of such
employers.
SEC. 1706. STUDY ON USE OF ELECTRONIC SIGNATURES.

(a) ONGOING STUDY REQUIRED.—In order to fulfill the responsibility to administer the functions assigned under chapter 35 of
title 44, United States Code, the provisions of the Clinger-Cohen
Act of 1996 (divisions D and E of Public Law 104–106) and the
amendments made by that Act, and the provisions of this title,
the Director of the Office of Management and Budget shall, in
cooperation with the National Telecommunications and Information
Administration, conduct an ongoing study of the use of electronic
signatures under this title on—
(1) paperwork reduction and electronic commerce;
(2) individual privacy; and
(3) the security and authenticity of transactions.
(b) REPORTS.—The Director shall submit to Congress on a periodic basis a report describing the results of the study carried
out under subsection (a).

112 STAT. 2681–751

PUBLIC LAW 105–277—OCT. 21, 1998

SEC. 1707. ENFORCEABILITY AND LEGAL EFFECT OF ELECTRONIC
RECORDS.

Electronic records submitted or maintained in accordance with
procedures developed under this title, or electronic signatures or
other forms of electronic authentication used in accordance with
such procedures, shall not be denied legal effect, validity, or enforceability because such records are in electronic form.
SEC. 1708. DISCLOSURE OF INFORMATION.

Except as provided by law, information collected in the provision of electronic signature services for communications with an
executive agency, as provided by this title, shall only be used
or disclosed by persons who obtain, collect, or maintain such
information as a business or government practice, for the purpose
of facilitating such communications, or with the prior affirmative
consent of the person about whom the information pertains.
SEC. 1709. APPLICATION WITH INTERNAL REVENUE LAWS.

No provision of this title shall apply to the Department of
the Treasury or the Internal Revenue Service to the extent that
such provision—
(1) involves the administration of the internal revenue
laws; or
(2) conflicts with any provision of the Internal Revenue
Service Restructuring and Reform Act of 1998 or the Internal
Revenue Code of 1986.
SEC. 1710. DEFINITIONS.

For purposes of this title:
(1) ELECTRONIC SIGNATURE.—The term ‘‘electronic signature’’ means a method of signing an electronic message that—
(A) identifies and authenticates a particular person
as the source of the electronic message; and
(B) indicates such person’s approval of the information
contained in the electronic message.
(2) EXECUTIVE AGENCY.—The term ‘‘Executive agency’’ has
the meaning given that term in section 105 of title 5, United
States Code.
Drug Demand
Reduction Act.
21 USC 1801
note.

DIVISION D—DRUG DEMAND REDUCTION ACT
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This division may be cited as the ‘‘Drug
Demand Reduction Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—TARGETED SUBSTANCE ABUSE PREVENTION AND TREATMENT
PROGRAMS
Sec.
Sec.
Sec.
Sec.

101.
103.
104.
105.

Subtitle A—National Youth Anti-Drug Media Campaign
Short title.
Use of funds.
Reports to Congress.
Authorization of appropriations.
Subtitle B—Drug-Free Prisons and Jails

Sec. 111. Short title.

PUBLIC LAW 105–277—OCT. 21, 1998
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

112.
113.
114.
115.
116.
117.
118.

112 STAT. 2681–752

Purpose.
Program authorization.
Grant application.
Uses of funds.
Evaluation and recommendation report to Congress.
Definitions.
Authorization of appropriations.

Subtitle C—Drug-Free Schools Quality Assurance
Sec. 121. Short title.
Sec. 122. Amendment to Safe and Drug-Free Schools and Communities Act.
TITLE II—STATEMENT OF NATIONAL ANTIDRUG POLICY
Subtitle A—Congressional Leadership in Community Coalitions
Sec. 201. Sense of Congress.
Subtitle B—Rejection of Legalization of Drugs
Sec. 211. Sense of Congress.
Subtitle C—Report on Streamlining Federal Prevention and Treatment Efforts
Sec. 221. Report on streamlining Federal prevention and treatment efforts.

TITLE I—TARGETED SUBSTANCE ABUSE PREVENTION
AND TREATMENT PROGRAMS

Drug-Free Media
Campaign Act of
1998.

Subtitle A—National Youth Anti-Drug Media Campaign
SEC. 101. SHORT TITLE.

This subtitle may be cited as the ‘‘Drug-Free Media Campaign
Act of 1998’’.
SEC. 102. REQUIREMENT TO CONDUCT NATIONAL MEDIA CAMPAIGN.

21 USC 1801
note.

21 USC 1801.

(a) IN GENERAL.—The Director of the Office of National Drug
Control Policy (in this subtitle referred to as the ‘‘Director’’) shall
conduct a national media campaign in accordance with this subtitle
for the purpose of reducing and preventing drug abuse among
young people in the United States.
(b) LOCAL TARGET REQUIREMENT.—The Director shall, to the
maximum extent feasible, use amounts made available to carry
out this subtitle under section 105 for media that focuses on,
or includes specific information on, prevention or treatment
resources for consumers within specific local areas.
SEC. 103. USE OF FUNDS.

(a) AUTHORIZED USES.—
(1) IN GENERAL.—Amounts made available to carry out
this subtitle for the support of the national media campaign
may only be used for—
(A) the purchase of media time and space;
(B) talent reuse payments;
(C) out-of-pocket advertising production costs;
(D) testing and evaluation of advertising;
(E) evaluation of the effectiveness of the media campaign;
(F) the negotiated fees for the winning bidder on
request for proposals issued by the Office of National Drug
Control Policy;
(G) partnerships with community, civic, and professional groups, and government organizations related to
the media campaign; and

21 USC 1802.

112 STAT. 2681–753

PUBLIC LAW 105–277—OCT. 21, 1998

(H) entertainment industry collaborations to fashion
antidrug messages in motion pictures, television programing, popular music, interactive (Internet and new) media
projects and activities, public information, news media outreach, and corporate sponsorship and participation.
(2) ADVERTISING.—In carrying out this subtitle, the Director
shall devote sufficient funds to the advertising portion of the
national media campaign to meet the stated reach and frequency goals of the campaign.
(b) PROHIBITIONS.—None of the amounts made available under
section 105 may be obligated or expended—
(1) to supplant current antidrug community based coalitions;
(2) to supplant current pro bono public service time donated
by national and local broadcasting networks;
(3) for partisan political purposes; or
(4) to fund media campaigns that feature any elected officials, persons seeking elected office, cabinet level officials, or
other Federal officials employed pursuant to section 213 of
Schedule C of title 5, Code of Federal Regulations, unless
the Director provides advance notice to the Committees on
Appropriations of the House of Representatives and the Senate,
the Committee on Government Reform and Oversight of the
House of Representatives and the Committee on the Judiciary
of the Senate.
(c) MATCHING REQUIREMENT.—Amounts made available under
section 105 should be matched by an equal amount of non-Federal
funds for the national media campaign, or be matched with inkind contributions to the campaign of the same value.
21 USC 1803.

SEC. 104. REPORTS TO CONGRESS.

The Director shall—
(1) submit to Congress on an annual basis a report on
the activities for which amounts made available under section
105 have been obligated during the preceding year, including
information for each quarter of such year, and on the specific
parameters of the national media campaign; and
(2) not later than 1 year after the date of enactment of
this Act, submit to Congress a report on the effectiveness
of the national media campaign based on measurable outcomes
provided to Congress previously.
21 USC 1804.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Office of National
Drug Control Policy to carry out this subtitle $195,000,000 for
each of fiscal years 1999 through 2002.
Drug-Free
Prisons and Jails
Act of 1998.
42 USC 3751
note.

Subtitle B—Drug-Free Prisons and Jails
SEC. 111. SHORT TITLE.

This subtitle may be cited as the ‘‘Drug-Free Prisons and Jails
Act of 1998’’.
SEC. 112. PURPOSE.

The purpose of this subtitle is to provide for the establishment
of model programs for comprehensive treatment of substanceinvolved offenders in the criminal justice system to reduce drug
abuse and drug-related crime, and reduce the costs of the criminal

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–754

justice system, that can be successfully replicated by States and
local units of government through a comprehensive evaluation.
SEC. 113. PROGRAM AUTHORIZATION.

(a) ESTABLISHMENT.—The Director of the Bureau of Justice
Assistance shall establish a model substance abuse treatment program for substance-involved offenders by—
(1) providing financial assistance to grant recipients
selected in accordance with section 114(b); and
(2) evaluating the success of programs conducted pursuant
to this subtitle.
(b) GRANT AWARDS.—The Director may award not more than
5 grants to units of local government and not more than 5 grants
to States.
(c) ADMINISTRATIVE COSTS.—Not more than 5 percent of a grant
award made pursuant to this subtitle may be used for administrative costs.
SEC. 114. GRANT APPLICATION.

(a) CONTENTS.—An application submitted by a unit of local
government or a State for a grant award under this subtitle shall
include each of the following:
(1) STRATEGY.—A strategy to coordinate programs and services for substance-involved offenders provided by the unit of
local government or the State, as the case may be, developed
in consultation with representatives from all components of
the criminal justice system within the jurisdiction, including
judges, law enforcement personnel, prosecutors, corrections
personnel, probation personnel, parole personnel, substance
abuse treatment personnel, and substance abuse prevention
personnel.
(2) CERTIFICATION.—A certification that—
(A) Federal funds made available under this subtitle
will not be used to supplant State or local funds, but
will be used to increase the amounts of such funds that
would, in the absence of Federal funds, be made available
for law enforcement activities; and
(B) the programs developed pursuant to this subtitle
meet all requirements of this subtitle.
(b) REVIEW AND APPROVAL.—Subject to section 113(b), the
Director shall approve applications and make grant awards to units
of local governments and States that show the most promise for
accomplishing the purposes of this subtitle consistent with the
provisions of section 115.
SEC. 115. USES OF FUNDS.

A unit of local government or State that receives a grant
award under this subtitle shall use such funds to provide comprehensive treatment programs to inmates in prisons or jails,
including not less than 3 of the following:
(1) Tailored treatment programs to meet the special needs
of different types of substance-involved offenders.
(2) Random and frequent drug testing, including a system
of sanctions.
(3) Training and assistance for corrections officers and
personnel to assist substance-involved offenders in correctional
facilities.

112 STAT. 2681–755

PUBLIC LAW 105–277—OCT. 21, 1998

(4) Clinical assessment of incoming substance-involved
offenders.
(5) Availability of religious and spiritual activity and counseling to provide an environment that encourages recovery from
substance involvement in correctional facilities.
(6) Education and vocational training.
(7) A substance-free correctional facility policy.
SEC. 116. EVALUATION AND RECOMMENDATION REPORT TO CONGRESS.
Contracts.

(a) EVALUATION.—
(1) IN GENERAL.—The Director shall enter into a contract,
with an evaluating agency that has demonstrated experience
in the evaluation of substance abuse treatment, to conduct
an evaluation that incorporates the criteria described in paragraph (2).
(2) EVALUATION CRITERIA.—The Director, in consultation
with the Directors of the appropriate National Institutes of
Health, shall establish minimum criteria for evaluating each
program. Such criteria shall include—
(A) reducing substance abuse among participants;
(B) reducing recidivism among participants;
(C) cost effectiveness of providing services to participants; and
(D) a data collection system that will produce data
comparable to that used by the Office of Applied Studies
of the Substance Abuse and Mental Health Services
Administration and the Bureau of Justice Statistics of the
Office of Justice Programs.
(b) REPORT.—The Director shall submit to the appropriate
committees, at the same time as the President’s budget for fiscal
year 2001 is submitted, a report that—
(1) describes the activities funded by grant awards under
this subtitle;
(2) includes the evaluation submitted pursuant to subsection (a); and
(3) makes recommendations regarding revisions to the
authorization of the program, including extension, expansion,
application requirements, reduction, and termination.
SEC. 117. DEFINITIONS.

In this subtitle:
(1) APPROPRIATE COMMITTEES.—The term ‘‘appropriate
committees’’ means the Committees on the Judiciary and the
Committees on Appropriations of the House of Representatives
and the Senate.
(2) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Bureau of Justice Assistance.
(3) SUBSTANCE-INVOLVED OFFENDER.—The term ‘‘substanceinvolved offender’’ means an individual under the supervision
of a State or local criminal justice system, awaiting trial or
serving a sentence imposed by the criminal justice system,
who—
(A) violated or has been arrested for violating a drug
or alcohol law;
(B) was under the influence of alcohol or an illegal
drug at the time the crime was committed;
(C) stole property to buy illegal drugs; or

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–756

(D) has a history of substance abuse and addiction.
(4) UNIT OF LOCAL GOVERNMENT.—The term ‘‘unit of local
government’’ means any city, county, township, town, borough,
parish, village, or other general purpose political subdivision
of a State, an Indian tribe which performs law enforcement
functions as determined by the Secretary of the Interior and
any agency of the District of Columbia government or the
United States Government performing law enforcement functions in and for the District of Columbia, and the Trust Territory of the Pacific Islands.
SEC. 118. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to
carry out this subtitle from the Violent Crime Reduction Trust
Fund as authorized by title 31 of the Violent Crime and Control
and Law Enforcement Act of 1994 (42 U.S.C. 14211)—
(1) for fiscal year 1999, $30,000,000; and
(2) for fiscal year 2000, $20,000,000.
(b) RESERVATION.—The Director may reserve each fiscal year
not more than 20 percent of the funds appropriated pursuant to
subsection (a) for activities required under section 116.
Subtitle C—Drug-Free Schools Quality Assurance
SEC. 121. SHORT TITLE.

This subtitle may be cited as the ‘‘Drug-Free Schools Quality
Assurance Act’’.

Drug-Free
Schools Quality
Assurance Act.
20 USC 6301
note.

SEC. 122. AMENDMENT TO SAFE AND DRUG-FREE SCHOOLS AND
COMMUNITIES ACT.

Subpart 3 of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7141 et seq.) is amended by adding
at the end the following:
‘‘SEC. 4134. QUALITY RATING.

‘‘(a) IN GENERAL.—The chief executive officer of each State,
or in the case of a State in which the constitution or law of
such State designates another individual, entity, or agency in the
State to be responsible for education activities, such individual,
entity, or agency, is authorized and encouraged—
‘‘(1) to establish a standard of quality for drug, alcohol,
and tobacco prevention programs implemented in public
elementary schools and secondary schools in the State in accordance with subsection (b); and
‘‘(2) to identify and designate, upon application by a public
elementary school or secondary school, any such school that
achieves such standard as a quality program school.
‘‘(b) CRITERIA.—The standard referred to in subsection (a) shall
address, at a minimum—
‘‘(1) a comparison of the rate of illegal use of drugs, alcohol,
and tobacco by students enrolled in the school for a period
of time to be determined by the chief executive officer of the
State;
‘‘(2) the rate of suspensions or expulsions of students
enrolled in the school for drug, alcohol, or tobacco-related
offenses;
‘‘(3) the effectiveness of the drug, alcohol, or tobacco prevention program as proven by research;

20 USC 7144.

112 STAT. 2681–757

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(4) the involvement of parents and community members
in the design of the drug, alcohol, and tobacco prevention program; and
‘‘(5) the extent of review of existing community drug, alcohol, and tobacco prevention programs before implementation
of the public school program.
‘‘(c) REQUEST FOR QUALITY PROGRAM SCHOOL DESIGNATION.—
A school that wishes to receive a quality program school designation
shall submit a request and documentation of compliance with this
section to the chief executive officer of the State or the individual,
entity, or agency described in subsection (a), as the case may
be.
‘‘(d) PUBLIC NOTIFICATION.—Not less than once a year, the
chief executive officer of each State or the individual, entity, or
agency described in subsection (a), as the case may be, shall make
available to the public a list of the names of each public school
in the State that has received a quality program school designation
in accordance with this section.’’.
TITLE II—STATEMENT OF NATIONAL ANTIDRUG POLICY
Subtitle A—Congressional Leadership in Community
Coalitions
SEC. 201. SENSE OF CONGRESS.

(a) FINDINGS.—Congress finds the following:
(1) Illegal drug use is dangerous to the physical wellbeing of the Nation’s youth.
(2) Illegal drug use can destroy the lives of the Nation’s
youth by diminishing their sense of morality and with it everything in life that is important and worthwhile.
(3) According to recently released national surveys, drug
use among the Nation’s youth remains at alarmingly high
levels.
(4) National leadership is critical to conveying to the
Nation’s youth the message that drug use is dangerous and
wrong.
(5) National leadership can help mobilize every sector of
the community to support the implementation of comprehensive, sustainable, and effective programs to reduce drug abuse.
(6) As of September 1, 1998, 76 Members of the House
of Representatives were establishing community-based antidrug
coalitions in their congressional districts or were actively
supporting such coalitions that already existed.
(7) The individual Members of the House of Representatives
can best help their constituents prevent drug use among the
Nation’s youth by establishing community-based antidrug coalitions in their congressional districts or by actively supporting
such coalitions that already exist.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the individual Members of the House of Representatives, including
the Delegates and the Resident Commissioner, should establish
community-based antidrug coalitions in their congressional districts
or should actively support any such coalitions that have been established.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–758

Subtitle B—Rejection of Legalization of Drugs
SEC. 211. SENSE OF CONGRESS.

(a) FINDINGS.—Congress finds the following:
(1) Illegal drug use is harmful and wrong.
(2) Illegal drug use can kill the individuals involved or
cause the individuals to hurt or kill others, and such use
strips the individuals of their moral sense.
(3) The greatest threat presented by such use is to the
youth of the United States, who are illegally using drugs in
increasingly greater numbers.
(4) The people of the United States are more concerned
about illegal drug use and crimes associated with such use
than with any other current social problem.
(5) Efforts to legalize or otherwise legitimize drug use
present a message to the youth of the United States that
drug use is acceptable.
(6) Article VI, clause 2 of the Constitution of the United
States states that ‘‘[t]his Constitution, and the laws of the
United States which shall be made in pursuance thereof; and
all treaties made, or which shall be made, under the authority
of the United States, shall be the supreme law of the land;
and judges in every state shall be bound thereby, any thing
in the Constitution or laws of any state to the contrary notwithstanding.’’.
(7) The courts of the United States have repeatedly found
that any State law that conflicts with a Federal law or treaty
is preempted by such law or treaty.
(8) The Controlled Substances Act (21 U.S.C. 801 et seq.)
strictly regulates the use and possession of drugs.
(9) The United Nations Convention Against Illicit Traffic
in Narcotic Drugs and Psychotrophic Substances Treaty similarly regulates the use and possession of drugs.
(10) Any attempt to authorize under State law an activity
prohibited under such Treaty or the Controlled Substances
Act would conflict with that Treaty or Act.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the several States, and the citizens of such States,
should reject the legalization of drugs through legislation, ballot
proposition, constitutional amendment, or any other means;
and
(2) each State should make efforts to be a drug-free State.
Subtitle C—Report on Streamlining Federal Prevention and
Treatment Efforts
SEC. 221. REPORT ON STREAMLINING FEDERAL PREVENTION AND
TREATMENT EFFORTS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the efforts of the Federal Government to reduce the
demand for illegal drugs in the United States are frustrated
by the fragmentation of those efforts across multiple departments and agencies; and
(2) improvement of those efforts can best be achieved
through consolidation and coordination.
(b) REPORT REQUIREMENT.—

21 USC 1703
note.

112 STAT. 2681–759

PUBLIC LAW 105–277—OCT. 21, 1998

(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Director of the Office of National
Drug Control Policy shall prepare and submit to the appropriate
committees a report evaluating options for increasing the efficacy of drug prevention and treatment programs and activities
by the Federal Government. Such option shall include the merits of a consolidation of programs into a single agency, transferring programs from 1 agency to another, and improving coordinating mechanisms and authorities. The report shall also
include a thorough review of the activities and potential consolidation of existing Federal drug information clearinghouses.
(2) RECOMMENDATION AND EXPLANATORY STATEMENT.—The
study submitted under paragraph (1) shall identify options
that are determined by the Director to have merit, and an
explanation which options should be implemented.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Office of National Drug Control
Policy to carry out this subsection $1,000,000 for contracting,
policy research, and related costs.
(c) APPROPRIATE COMMITTEES DEFINED.—In this section, the
term ‘‘appropriate committees’’ means the Committee on Appropriations, the Committee on Commerce, and the Committee on Education and the Workforce of the House of Representatives, and
the Committee on Appropriations, and Committee on Labor and
Human Resources of the Senate.
Methamphetamine Trafficking
Penalty
Enhancement
Act of 1998.
21 USC 801 note.

DIVISION E—METHAMPHETAMINE TRAFFICKING PENALTY
ENHANCEMENT ACT OF 1998
SECTION 1. SHORT TITLE.

This division may be cited as the ‘‘Methamphetamine Trafficking Penalty Enhancement Act of 1998’’.
SEC. 2. METHAMPHETAMINE PENALTY INCREASES.

(a) CONTROLLED SUBSTANCES ACT.—Section 401(b)(1) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended—
(1) in subparagraph (A)(viii)—
(A) by striking ‘‘100 grams’’ and inserting ‘‘50 grams’’;
and
(B) by striking ‘‘1 kilogram’’ and inserting ‘‘500 grams’’;
and
(2) in subparagraph (B)(viii)—
(A) by striking ‘‘10 grams’’ and inserting ‘‘5 grams’’;
and
(B) by striking ‘‘100 grams’’ and inserting ‘‘50 grams’’.
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT.—Section 1010(b) of the Controlled Substances Import and Export Act
(21 U.S.C. 960(b)) is amended—
(1) in paragraph (1)(H)—
(A) by striking ‘‘100 grams’’ and inserting ‘‘50 grams’’;
and
(B) by striking ‘‘1 kilogram’’ and inserting ‘‘500 grams’’;
and
(2) in paragraph (2)(H)—
(A) by striking ‘‘10 grams’’ and inserting ‘‘5 grams’’;
and
(B) by striking ‘‘100 grams’’ and inserting ‘‘50 grams’’.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–760

SEC. 3. ADDITIONAL REQUIREMENTS FOR THE USE OF FUNDS UNDER
THE VIOLENT OFFENDER INCARCERATION AND TRUTHIN-SENTENCING GRANTS PROGRAM.

Section 20105(b) of the Violent Crime Control and Law Enforcement Act of 1994 is amended to read as follows:
‘‘(b) ADDITIONAL REQUIREMENTS.—
‘‘(1) ELIGIBILITY FOR GRANT.—To be eligible to receive a
grant under section 20103 or section 20104, a State shall—
‘‘(A) provide assurances to the Attorney General that
the State has implemented or will implement not later
than 18 months after the date of the enactment of this
subtitle, policies that provide for the recognition of the
rights of crime victims; and
‘‘(B) subject to the limitation of paragraph (2), no later
than September 1, 2000, consider a program of drug testing
and intervention for appropriate categories of convicted
offenders during periods of incarceration and post-incarceration and criminal justice supervision, with sanctions
including denial or revocation of release for positive drug
tests, consistent with guidelines issued by the Attorney
General.
‘‘(2) USE OF FUNDS.—Beginning in fiscal year 1999, not
more than 10 percent of the funds provided under section
20103 or section 20104 of this subtitle may be applied to
the cost of offender drug testing and intervention programs
during periods of incarceration and post-incarceration criminal
justice supervision, consistent with guidelines issued by the
Attorney General. Further, such funds may be used by the
States to pay the costs of providing to the Attorney General
a baseline study on their prison drug abuse problem. Such
studies shall be consistent with guidelines issued by the Attorney General.’’.
DIVISION F—NOT LEGALIZING MARIJUANA FOR
MEDICINAL USE
It is the sense of the Congress that—
(1) certain drugs are listed on Schedule I of the Controlled
Substances Act if they have a high potential for abuse, lack
any currently accepted medical use in treatment, and are
unsafe, even under medical supervision;
(2) the consequences of illegal use of Schedule I drugs are
well documented, particularly with regard to physical health,
highway safety, and criminal activity;
(3) pursuant to section 401 of the Controlled Substances
Act, it is illegal to manufacture, distribute, or dispense marijuana, heroin, LSD, and more than 100 other Schedule I drugs;
(4) pursuant to section 505 of the Federal Food, Drug and
Cosmetic Act, before any drug can be approved as a medication
in the United States, it must meet extensive scientific and
medical standards established by the Food and Drug Administration to ensure it is safe and effective;
(5) marijuana and other Schedule I drugs have not been
approved by the Food and Drug Administration to treat any
disease or condition;
(6) the Federal Food, Drug and Cosmetic Act already prohibits
the sale of any unapproved drug, including marijuana, that

42 USC 13705.

112 STAT. 2681–761

Reports.

Reports.

Foreign Affairs
Reform and
Restructuring
Act of 1998.
22 USC 6501
note.

PUBLIC LAW 105–277—OCT. 21, 1998

has not been proven safe and effective for medical purposes
and grants the Food and Drug Administration the authority
to enforce this prohibition through seizure and other civil
action, as well as through criminal penalties;
(7) marijuana use by children in grades 8 through 12 declined
steadily from 1980 to 1992, but, from 1992 to 1996, has dramatically increased by 253 percent among 8th graders, 151 percent
among 10th graders, and 84 percent among 12th graders, and
the average age of first-time use of marijuana is now younger
than it has ever been;
(8) according to the 1997 survey by the Center on Addiction
and Substance Abuse at Columbia University, 500,000 8th graders began using marijuana in the 6th and 7th grades;
(9) according to that same 1997 survey, youths between the
ages of 12 and 17 who use marijuana are 85 times more
likely to use cocaine than those who abstain from marijuana,
and 60 percent of adolescents who use marijuana before the
age of 15 will later use cocaine; and
(10) the rate of illegal drug use among youth is linked to
their perceptions of the health and safety risks of those drugs,
and the ambiguous cultural messages about marijuana use
are contributing to a growing acceptance of marijuana use
among children and teenagers;
(11) Congress continues to support the existing Federal legal
process for determining the safety and efficacy of drugs and
opposes efforts to circumvent this process by legalizing marijuana, and other Schedule I drugs, for medicinal use without
valid scientific evidence and the approval of the Food and
Drug Administration; and
(12) not later than 90 days after the date of the enactment
of this Act—
(A) the Attorney General shall submit to the Committees
on the Judiciary of the House of Representatives and the
Senate a report on—
(i) the total quantity of marijuana eradicated in the
United States during the period from 1992 through
1997; and
(ii) the annual number of arrests and prosecutions
for Federal marijuana offenses during the period
described in clause (i); and
(B) the Commissioner of Foods and Drugs shall submit
to the Committee on Commerce of the House of Representatives and the Committee on Labor and Human Resources
of the Senate a report on the specific efforts underway
to enforce sections 304 and 505 of the Federal Food, Drug
and Cosmetic Act with respect to marijuana and other
Schedule I drugs.
DIVISION G—FOREIGN AFFAIRS REFORM AND
RESTRUCTURING ACT OF 1998
SEC. 1001. SHORT TITLE.

This division may be cited as the ‘‘Foreign Affairs Reform
and Restructuring Act of 1998’’.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–762

SEC. 1002. ORGANIZATION OF DIVISION INTO SUBDIVISIONS; TABLE
OF CONTENTS.

(a) DIVISIONS.—This division is organized into three subdivisions as follows:
(1) SUBDIVISION A.—Foreign Affairs Agencies Consolidation
Act of 1998.
(2) SUBDIVISION B.—Foreign Relations Authorization Act, Fiscal Years 1998 and 1999.
(3) SUBDIVISION C.—United Nations Reform Act of 1998.
(b) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
DIVISION —FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF
1998
Sec. 1001. Short title.
Sec. 1002. Organization of division into subdivisions; table of contents.
SUBDIVISION A—CONSOLIDATION

OF

FOREIGN AFFAIRS AGENCIES

TITLE XI—GENERAL PROVISIONS
Sec.
Sec.
Sec.
Sec.

1101.
1102.
1103.
1104.

Short title.
Purposes.
Definitions.
Report on budgetary cost savings resulting from reorganization.

TITLE XII—UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
CHAPTER 1—GENERAL PROVISIONS
Sec. 1201. Effective date.
CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS
Sec. 1211. Abolition of United States Arms Control and Disarmament Agency.
Sec. 1212. Transfer of functions to Secretary of State.
Sec. 1213. Under Secretary for Arms Control and International Security.
Sec.
Sec.
Sec.
Sec.
Sec.

1221.
1222.
1223.
1224.
1225.

CHAPTER 3—CONFORMING AMENDMENTS
References.
Repeals.
Amendments to the Arms Control and Disarmament Act.
Compensation of officers.
Additional conforming amendments.
TITLE XIII—UNITED STATES INFORMATION AGENCY

CHAPTER 1—GENERAL PROVISIONS
Sec. 1301. Effective date.
Sec.
Sec.
Sec.
Sec.

1311.
1312.
1313.
1314.

CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS
Abolition of United States Information Agency.
Transfer of functions.
Under Secretary of State for Public Diplomacy.
Abolition of Office of Inspector General of United States Information
Agency and transfer of functions.

CHAPTER 3—INTERNATIONAL BROADCASTING
Sec. 1321. Congressional findings and declaration of purpose.
Sec. 1322. Continued existence of Broadcasting Board of Governors.
Sec. 1323. Conforming amendments to the United States International Broadcasting Act of 1994.
Sec. 1324. Amendments to the Radio Broadcasting to Cuba Act.
Sec. 1325. Amendments to the Television Broadcasting to Cuba Act.
Sec. 1326. Transfer of broadcasting related funds, property, and personnel.
Sec. 1327. Savings provisions.
Sec. 1328. Report on the privatization of RFE/RL, Incorporated.
CHAPTER 4—CONFORMING AMENDMENTS
Sec. 1331. References.

112 STAT. 2681–763
Sec.
Sec.
Sec.
Sec.
Sec.

PUBLIC LAW 105–277—OCT. 21, 1998

1332.
1333.
1334.
1335.
1336.

Amendments to title 5, United States Code.
Application of certain laws.
Abolition of United States Advisory Commission on Public Diplomacy.
Conforming amendments.
Repeals.

TITLE XIV—UNITED STATES INTERNATIONAL DEVELOPMENT
COOPERATION AGENCY
CHAPTER 1—GENERAL PROVISIONS
Sec. 1401. Effective date.
CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS
Sec. 1411. Abolition of United States International Development Cooperation Agency.
Sec. 1412. Transfer of functions and authorities.
Sec. 1413. Status of AID.
CHAPTER 3—CONFORMING AMENDMENTS
Sec. 1421. References.
Sec. 1422. Conforming amendments.
TITLE XV—AGENCY FOR INTERNATIONAL DEVELOPMENT
CHAPTER 1—GENERAL PROVISIONS
Sec. 1501. Effective date.
CHAPTER 2—REORGANIZATION AND TRANSFER OF FUNCTIONS
Sec. 1511. Reorganization of Agency for International Development.
CHAPTER 3—AUTHORITIES OF THE SECRETARY OF STATE
Sec. 1521. Definition of United States assistance.
Sec. 1522. Administrator of AID reporting to the Secretary of State.
Sec. 1523. Assistance programs coordination and oversight.
TITLE XVI—TRANSITION
CHAPTER 1—REORGANIZATION PLAN
Sec. 1601. Reorganization plan and report.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1611.
1612.
1613.
1614.
1615.
1616.
1617.

CHAPTER 2—REORGANIZATION AUTHORITY
Reorganization authority.
Transfer and allocation of appropriations.
Transfer, appointment, and assignment of personnel.
Incidental transfers.
Savings provisions.
Authority of Secretary of State to facilitate transition.
Final report.
SUBDIVISION B—FOREIGN RELATIONS AUTHORIZATION

TITLE XX—GENERAL PROVISIONS
Sec. 2001. Short title.
Sec. 2002. Definition of appropriate congressional committees.
TITLE XXI—AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF
STATE
Sec. 2101. Administration of foreign affairs.
Sec. 2102. International commissions.
Sec. 2103. Grants to The Asia Foundation.
Sec. 2104. Voluntary contributions to international organizations.
Sec. 2105. Voluntary contributions to peacekeeping operations.
Sec. 2106. Limitation on United States voluntary contributions to United Nations
Development Program.
TITLE XXII—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
CHAPTER 1—AUTHORITIES AND ACTIVITIES
Sec. 2201. Reimbursement of Department of State for assistance to overseas educational facilities.

PUBLIC LAW 105–277—OCT. 21, 1998
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2202.
2203.
2204.
2205.
2206.
2207.
2208.
2209.
2210.
2211.
2212.
2213.
2214.
2215.
2216.
2217.
2218.
2219.

112 STAT. 2681–764

Revision of Department of State rewards program.
Retention of additional defense trade controls registration fees.
Fees for commercial services.
Pilot program for foreign affairs reimbursement.
Fee for use of diplomatic reception rooms.
Budget presentation documents.
Office of the Inspector General.
Capital Investment Fund.
Contracting for local guards services overseas.
Authority of the Foreign Claims Settlement Commission.
Expenses relating to certain international claims and proceedings.
Grants to remedy international abductions of children.
Counterdrug and anticrime activities of the Department of State.
Annual report on overseas surplus properties.
Human rights reports.
Reports and policy concerning diplomatic immunity.
Reaffirming United States international telecommunications policy.
Reduction of reporting.

CHAPTER 2—CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE
2221. Use of certain passport processing fees for enhanced passport services.
2222. Consular officers.
2223. Repeal of outdated consular receipt requirements.
2224. Elimination of duplicate Federal Register publication for travel
advisories.
Sec. 2225. Denial of visas to confiscators of American property.
Sec. 2226. Inadmissibility of any alien supporting an international child abductor.
Sec.
Sec.
Sec.
Sec.

CHAPTER 3—REFUGEES

AND

MIGRATION

SUBCHAPTER A—AUTHORIZATION OF APPROPRIATIONS

Sec. 2231. Migration and refugee assistance.
SUBCHAPTER B—AUTHORITIES
Sec. 2241. United States policy regarding the involuntary return of refugees.
Sec. 2242. United States policy with respect to the involuntary return of persons
in danger of subjection to torture.
Sec. 2243. Reprogramming of migration and refugee assistance funds.
Sec. 2244. Eligibility for refugee status.
Sec. 2245. Reports to Congress concerning Cuban emigration policies.
TITLE XXIII—ORGANIZATION OF THE DEPARTMENT OF STATE;
DEPARTMENT OF STATE PERSONNEL; THE FOREIGN SERVICE
CHAPTER 1—ORGANIZATION OF THE DEPARTMENT OF STATE
Coordinator for Counterterrorism.
Elimination of Deputy Assistant Secretary of State for Burdensharing.
Personnel management.
Diplomatic security.
Number of senior official positions authorized for the Department of
State.
Sec. 2306. Nomination of Under Secretaries and Assistant Secretaries of State.
Sec.
Sec.
Sec.
Sec.
Sec.

2301.
2302.
2303.
2304.
2305.

CHAPTER 2—PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE
Sec. 2311. Foreign Service reform.
Sec. 2312. Retirement benefits for involuntary separation.
Sec. 2313. Authority of Secretary to separate convicted felons from the Foreign
Service.
Sec. 2314. Career counseling.
Sec. 2315. Limitations on management assignments.
Sec. 2316. Availability pay for certain criminal investigators within the Diplomatic
Security Service.
Sec. 2317. Nonovertime differential pay.
Sec. 2318. Report concerning minorities and the Foreign Service.
TITLE XXIV—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND
CULTURAL PROGRAMS
CHAPTER 1—AUTHORIZATION OF APPROPRIATIONS
Sec. 2401. International information activities and educational and cultural exchange programs.

112 STAT. 2681–765
Sec.
Sec.
Sec.
Sec.

2411.
2412.
2413.
2414.

Sec. 2415.
Sec.
Sec.
Sec.
Sec.
Sec.

2416.
2417.
2418.
2419.
2420.

PUBLIC LAW 105–277—OCT. 21, 1998
CHAPTER 2—AUTHORITIES AND ACTIVITIES
Retention of interest.
Use of selected program fees.
Muskie Fellowship Program.
Working Group on United States Government-Sponsored International
Exchanges and Training.
Educational and cultural exchanges and scholarships for Tibetans and
Burmese.
Surrogate broadcasting study.
Radio broadcasting to Iran in the Farsi language.
Authority to administer summer travel and work programs.
Permanent administrative authorities regarding appropriations.
Voice of America broadcasts.

TITLE XXV—INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED
NATIONS
Sec. 2501. International conferences and contingencies.
Sec. 2502. Restriction relating to United States accession to any new international
criminal tribunal.
Sec. 2503. United States membership in the Bureau of the Interparliamentary
Union.
Sec. 2504. Service in international organizations.
Sec. 2505. Reports regarding foreign travel.
TITLE XXVI—UNITED STATES ARMS CONTROL AND DISARMAMENT
AGENCY
Sec. 2601. Authorization of appropriations.
Sec. 2602. Statutory construction.
TITLE XXVII—EUROPEAN SECURITY ACT OF 1998
Short title.
Statement of policy.
Authorities relating to NATO enlargement.
Sense of Congress with respect to the Treaty on Conventional Armed
Forces in Europe.
Sec. 2705. Restrictions and requirements relating to ballistic missile defense.
Sec.
Sec.
Sec.
Sec.

2701.
2702.
2703.
2704.

TITLE XXVIII—OTHER FOREIGN POLICY PROVISIONS
Sec. 2801. Reports on claims by United States firms against the Government of
Saudi Arabia.
Sec. 2802. Reports on determinations under title IV of the Libertad Act.
Sec. 2803. Report on compliance with the Hague Convention on International Child
Abduction.
Sec. 2804. Sense of Congress relating to recognition of the Ecumenical Patriarchate
by the Government of Turkey.
Sec. 2805. Report on relations with Vietnam.
Sec. 2806. Reports and policy concerning human rights violations in Laos.
Sec. 2807. Report on an alliance against narcotics trafficking in the Western Hemisphere.
Sec. 2808. Congressional statement regarding the accession of Taiwan to the World
Trade Organization.
Sec. 2809. Programs or projects of the International Atomic Energy Agency in
Cuba.
Sec. 2810. Limitation on assistance to countries aiding Cuba nuclear development.
Sec. 2811. International Fund for Ireland.
Sec. 2812. Support for democratic opposition in Iraq.
Sec. 2813. Development of democracy in the Republic of Serbia.
Foreign Affairs
Agencies
Consolidation Act
of 1998.

SUBDIVISION A—CONSOLIDATION OF FOREIGN
AFFAIRS AGENCIES
TITLE XI—GENERAL PROVISIONS

22 USC 6501
note.

SEC. 1101. SHORT TITLE.

22 USC 6501.

SEC. 1102. PURPOSES.

This subdivision may be cited as the ‘‘Foreign Affairs Agencies
Consolidation Act of 1998’’.
The purposes of this subdivision are—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–766

(1) to strengthen—
(A) the coordination of United States foreign policy;
and
(B) the leading role of the Secretary of State in the
formulation and articulation of United States foreign policy;
(2) to consolidate and reinvigorate the foreign affairs functions of the United States within the Department of State
by—
(A) abolishing the United States Arms Control and
Disarmament Agency, the United States Information
Agency, and the United States International Development
Cooperation Agency, and transferring the functions of these
agencies to the Department of State while preserving the
special missions and skills of these agencies;
(B) transferring certain functions of the Agency for
International Development to the Department of State;
and
(C) providing for the reorganization of the Department
of State to maximize the efficient use of resources, which
may lead to budget savings, eliminated redundancy in functions, and improvement in the management of the Department of State;
(3) to ensure that programs critical to the promotion of
United States national interests be maintained;
(4) to assist congressional efforts to balance the Federal
budget and reduce the Federal debt;
(5) to ensure that the United States maintains effective
representation abroad within budgetary restraints; and
(6) to encourage United States foreign affairs agencies to
maintain a high percentage of the best qualified, most competent United States citizens serving in the United States
Government.
SEC. 1103. DEFINITIONS.

In this subdivision:
(1) ACDA.—The term ‘‘ACDA’’ means the United States
Arms Control and Disarmament Agency.
(2) AID.—The term ‘‘AID’’ means the United States Agency
for International Development.
(3) AGENCY; FEDERAL AGENCY.—The term ‘‘agency’’ or ‘‘Federal agency’’ means an Executive agency as defined in section
105 of title 5, United States Code.
(4) APPROPRIATE CONGRESSIONAL COMMITTEES.—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.
(5) COVERED AGENCY.—The term ‘‘covered agency’’ means
any of the following agencies: ACDA, USIA, IDCA, and AID.
(6) DEPARTMENT.—The term ‘‘Department’’ means the
Department of State.
(7) FUNCTION.—The term ‘‘function’’ means any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
(8) IDCA.—The term ‘‘IDCA’’ means the United States
International Development Cooperation Agency.

22 USC 6502.

112 STAT. 2681–767

PUBLIC LAW 105–277—OCT. 21, 1998

(9) OFFICE.—The term ‘‘office’’ includes any office, administration, agency, institute, unit, organizational entity, or component thereof.
(10) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of State.
(11) USIA.—The term ‘‘USIA’’ means the United States
Information Agency.
22 USC 6503.

SEC. 1104. REPORT ON BUDGETARY COST SAVINGS RESULTING FROM
REORGANIZATION.

The Secretary of State shall submit a report, together with
the congressional presentation document for the budget of the
Department of State for each of the fiscal years 2000 and 2001,
to the appropriate congressional committees describing the total
anticipated and achieved cost savings in budget outlays and budget
authority related to the reorganization implemented under this
subdivision, including cost savings by each of the following categories:
(1) Reductions in personnel.
(2) Administrative consolidation, including procurement.
(3) Program consolidation.
(4) Consolidation of real properties and leases.
TITLE XII—UNITED STATES ARMS CONTROL AND
DISARMAMENT AGENCY
CHAPTER 1—GENERAL PROVISIONS
22 USC 6511
note.

SEC. 1201. EFFECTIVE DATE.

This title, and the amendments made by this title, shall take
effect on the earlier of—
(1) April 1, 1999; or
(2) the date of abolition of the United States Arms Control
and Disarmament Agency pursuant to the reorganization plan
described in section 1601.
CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS

22 USC 6511.

SEC. 1211. ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY.

The United States Arms Control and Disarmament Agency
is abolished.
22 USC 6512.

SEC. 1212. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.

There are transferred to the Secretary of State all functions
of the Director of the United States Arms Control and Disarmament
Agency, and all functions of the United States Arms Control and
Disarmament Agency and any office or component of such agency,
under any statute, reorganization plan, Executive order, or other
provision of law, as of the day before the effective date of this
title.
SEC. 1213. UNDER SECRETARY FOR ARMS CONTROL AND INTERNATIONAL SECURITY.
22 USC 2651a.

Section 1(b) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651(b)) is amended—
(1) by striking ‘‘There’’ and inserting the following:
‘‘(1) IN GENERAL.—There’’; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–768

(2) by adding at the end the following:
‘‘(2) UNDER SECRETARY FOR ARMS CONTROL AND INTERNATIONAL SECURITY.—There shall be in the Department of
State, among the Under Secretaries authorized by paragraph
(1), an Under Secretary for Arms Control and International
Security, who shall assist the Secretary and the Deputy Secretary in matters related to international security policy, arms
control, and nonproliferation. Subject to the direction of the
President, the Under Secretary may attend and participate
in meetings of the National Security Council in his role as
Senior Advisor to the President and the Secretary of State
on Arms Control and Nonproliferation Matters.’’.
CHAPTER 3—CONFORMING AMENDMENTS
SEC. 1221. REFERENCES.

Except as otherwise provided in section 1223 or 1225, any
reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or
proceeding to—
(1) the Director of the United States Arms Control and
Disarmament Agency, the Director of the Arms Control and
Disarmament Agency, or any other officer or employee of the
United States Arms Control and Disarmament Agency or the
Arms Control and Disarmament Agency shall be deemed to
refer to the Secretary of State; or
(2) the United States Arms Control and Disarmament
Agency or the Arms Control and Disarmament Agency shall
be deemed to refer to the Department of State.
SEC. 1222. REPEALS.

The following sections of the Arms Control and Disarmament
Act (22 U.S.C. 2551 et seq.) are repealed: Sections 21 through
26 (22 U.S.C. 2561–2566), section 35 (22 U.S.C. 2575), section
42 (22 U.S.C. 2582), section 43 (22 U.S.C. 2583), sections 45 through
50 (22 U.S.C. 2585–2593), section 53 (22 U.S.C. 2593c), section
54 (22 U.S.C. 2593d), and section 63 (22 U.S.C. 2595b).
SEC. 1223. AMENDMENTS TO THE ARMS CONTROL AND DISARMAMENT
ACT.

The Arms Control and Disarmament Act (22 U.S.C. 2551 et
seq.) is amended—
(1) in section 2 (22 U.S.C. 2551)—
(A) in the first undesignated paragraph, by striking
‘‘creating a new agency of peace to deal with’’ and inserting
‘‘addressing’’;
(B) by striking the second undesignated paragraph;
and
(C) in the third undesignated paragraph—
(i) by striking ‘‘This organization’’ and inserting
‘‘The Secretary of State’’;
(ii) by striking ‘‘It shall have’’ and inserting ‘‘The
Secretary shall have’’;
(iii) by striking ‘‘and the Secretary of State’’;
(iv) by inserting ‘‘, nonproliferation,’’ after ‘‘arms
control’’ in paragraph (1);
(v) by striking paragraph (2);

22 USC 6521.

112 STAT. 2681–769

PUBLIC LAW 105–277—OCT. 21, 1998
(vi) by redesignating paragraphs (3) through (5)
as paragraphs (2) through (4), respectively; and
(vii) by striking ‘‘, as appropriate,’’ in paragraph
(3) (as redesignated);
(2) in section 3 (22 U.S.C. 2552), by striking subsection

(c);
(3) in the heading for title II, by striking ‘‘ORGANIZATION’’ and inserting ‘‘SPECIAL REPRESENTATIVES AND
VISITING SCHOLARS’’;
(4) in section 27 (22 U.S.C. 2567)—
(A) by striking the third sentence;
(B) in the fourth sentence, by striking ‘‘, acting through
the Director’’; and
(C) in the fifth sentence, by striking ‘‘Agency’’ and
inserting ‘‘Department of State’’;
(5) in section 28 (22 U.S.C. 2568)—
(A) by striking ‘‘Director’’ each place it appears and
inserting ‘‘Secretary of State’’;
(B) in the second sentence—
(i) by striking ‘‘Agency’’ each place it appears and
inserting ‘‘Department of State’’; and
(ii) by striking ‘‘Agency’s’’ and inserting ‘‘Department of State’s’’; and
(6) in section 31 (22 U.S.C. 2571)—
(A) by inserting ‘‘this title in’’ after ‘‘powers in’’;
(B) by striking ‘‘Director’’ each place it appears and
inserting ‘‘Secretary of State’’;
(C) by striking ‘‘insure’’ each place it appears and
inserting ‘‘ensure’’;
(D) in the second sentence, by striking ‘‘in accordance
with procedures established under section 35 of this Act’’;
(E) in the fourth sentence by striking ‘‘The authority’’
and all that follows through ‘‘disarmament:’’ and inserting
the following: ‘‘The authority of the Secretary under this
Act with respect to research, development, and other
studies concerning arms control, nonproliferation, and
disarmament shall be limited to participation in the following:’’; and
(F) in subsection (l), by inserting ‘‘and’’ at the end;
(7) in section 32 (22 U.S.C. 2572)—
(A) by striking ‘‘Director’’ and inserting ‘‘Secretary of
State’’; and
(B) by striking ‘‘subsection’’ and inserting ‘‘section’’;
(8) in section 33(a) (22 U.S.C. 2573(a))—
(A) by striking ‘‘the Secretary of State,’’; and
(B) by striking ‘‘Director’’ and inserting ‘‘Secretary of
State’’;
(9) in section 34 (22 U.S.C. 2574)—
(A) in subsection (a)—
(i) in the first sentence, by striking ‘‘Director’’ and
inserting ‘‘Secretary of State’’;
(ii) in the first sentence, by striking ‘‘and the Secretary of State’’;
(iii) in the first sentence, by inserting ‘‘, nonproliferation,’’ after ‘‘in the fields of arms control’’;
(iv) in the first sentence, by striking ‘‘and shall
have primary responsibility, whenever directed by the

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–770

President, for the preparation, conduct, and management of the United States participation in international
negotiations and implementation fora in the field of
nonproliferation’’;
(v) in the second sentence, by striking ‘‘section
27’’ and inserting ‘‘section 201’’; and
(vi) in the second sentence, by striking ‘‘the’’ after
‘‘serve as’’;
(B) by striking subsection (b);
(C) by redesignating subsection (c) as subsection (b);
and
(D) in subsection (b) (as redesignated)—
(i) in the text above paragraph (1), by striking
‘‘Director’’ and inserting ‘‘Secretary of State’’;
(ii) by striking paragraph (1); and
(iii) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively;
(10) in section 36 (22 U.S.C. 2576)—
(A) by striking ‘‘Director’’ each place it appears and
inserting ‘‘Secretary of State’’; and
(B) by striking ‘‘, in accordance with the procedures
established pursuant to section 35 of this Act,’’;
(11) in section 37 (22 U.S.C. 2577)—
(A) by striking ‘‘Director’’ and ‘‘Agency’’ each place
it appears and inserting ‘‘Secretary of State’’ or ‘‘Department of State’’, respectively; and
(B) by striking subsection (d);
(12) in section 38 (22 U.S.C. 2578)—
(A) by striking ‘‘Director’’ each place it appears and
inserting ‘‘Secretary of State’’; and
(B) by striking subsection (c);
(13) in section 41 (22 U.S.C. 2581)—
(A) by striking ‘‘In the performance of his functions,
the Director’’ and inserting ‘‘In addition to any authorities
otherwise available, the Secretary of State in the performance of functions under this Act’’;
(B) by striking ‘‘Agency’’, ‘‘Agency’s’’, ‘‘Director’’, and
‘‘Director’s’’ each place they appear and inserting ‘‘Department of State’’, ‘‘Department of State’s’’, ‘‘Secretary of
State’’, or ‘‘Secretary of State’s’’, as appropriate;
(C) in subsection (a), by striking the sentence that
begins ‘‘It is the intent’’;
(D) in subsection (b)—
(i) by striking ‘‘appoint officers and employees,
including attorneys, for the Agency in accordance with
the provisions of title 5, United States Code, governing
appointment in the competitive service, and fix their
compensation in accordance with chapter 51 and with
subchapter III of chapter 53 of such title, relating
to classification and General Schedule pay rates, except
that the Director may, to the extent the Director determines necessary to the discharge of his responsibilities,’’;
(ii) in paragraph (1), by striking ‘‘exception’’ and
inserting ‘‘subsection’’; and
(iii) in paragraph (2)—

112 STAT. 2681–771

Applicability.

PUBLIC LAW 105–277—OCT. 21, 1998

(I) by striking ‘‘exception’’ and inserting ‘‘subsection’’; and
(II) by striking ‘‘ceiling’’ and inserting ‘‘positions allocated to carry out the purpose of this
Act’’;
(E) by striking subsection (g);
(F) by redesignating subsections (h), (i), and (j) as
subsections (g), (h), and (i), respectively;
(G) by amending subsection (f) to read as follows:
‘‘(f) establish a scientific and policy advisory board to advise
with and make recommendations to the Secretary of State
on United States arms control, nonproliferation, and disarmament policy and activities. A majority of the board shall
be composed of individuals who have a demonstrated knowledge
and technical expertise with respect to arms control, nonproliferation, and disarmament matters and who have distinguished themselves in any of the fields of physics, chemistry,
mathematics, biology, or engineering, including weapons
engineering. The members of the board may receive the compensation and reimbursement for expenses specified for consultants by subsection (d) of this section;’’; and
(H) in subsection (h) (as redesignated), by striking
‘‘Deputy Director’’ and inserting ‘‘Under Secretary for Arms
Control and International Security’’;
(14) in section 44 (22 U.S.C. 2584)—
(A) by striking ‘‘CONFLICT-OF-INTEREST AND’’;
(B) by striking ‘‘The members’’ and all that follows
through ‘‘(5 U.S.C. 2263), or any other’’ and inserting ‘‘Members of advisory boards and consultants may serve as such
without regard to any’’; and
(C) by inserting at the end the following new sentence:
‘‘This section shall apply only to individuals carrying out
activities related to arms control, nonproliferation, and
disarmament.’’;
(15) in section 51 (22 U.S.C. 2593a)—
(A) in subsection (a)—
(i) in paragraphs (1) and (3), by inserting ‘‘, nonproliferation,’’ after ‘‘arms control’’ each place it
appears;
(ii) by striking ‘‘Director, in consultation with the
Secretary of State,’’ and inserting ‘‘Secretary of State
with the concurrence of the Director of Central Intelligence and in consultation with’’;
(iii) by striking ‘‘the Chairman of the Joint Chiefs
of Staff, and the Director of Central Intelligence’’ and
inserting ‘‘and the Chairman of the Joint Chiefs of
Staff’’;
(iv) by striking paragraphs (2) and (4); and
(v) by redesignating paragraphs (3), (5), (6), and
(7) as paragraphs (2) through (5), respectively; and
(B) by adding at the end of subsection (b) the following:
‘‘The portions of this report described in paragraphs (4)
and (5) of subsection (a) shall summarize in detail, at
least in classified annexes, the information, analysis, and
conclusions relevant to possible noncompliance by other
nations that are provided by United States intelligence
agencies.’’;

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–772

(16) in section 52 (22 U.S.C. 2593b), by striking ‘‘Director’’
and inserting ‘‘Secretary of State’’;
(17) in section 61 (22 U.S.C. 2593a)—
(A) in paragraph (1), by striking ‘‘United States Arms
Control and Disarmament Agency’’ and inserting ‘‘Department of State’’;
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) through (7) as
paragraphs (2) through (6), respectively;
(D) in paragraph (4) (as redesignated), by striking
‘‘paragraph (4)’’ and inserting ‘‘paragraph (3)’’; and
(E) in paragraph (6) (as redesignated), by striking
‘‘United States Arms Control and Disarmament Agency
and the’’;
(18) in section 62 (22 U.S.C. 2595a)—
(A) in subsection (c)—
(i) in the subsection heading, by striking ‘‘DIRECTOR’’ and inserting ‘‘SECRETARY OF STATE’’; and
(ii) by striking ‘‘2(d), 22, and 34(c)’’ and inserting
‘‘102(3) and 304(b)’’; and
(B) by striking ‘‘Director’’ and inserting ‘‘Secretary of
State’’;
(19) in section 64 (22 U.S.C. 2595b–1)—
(A) by striking the section title and inserting ‘‘SEC.
503. REVIEW OF CERTAIN REPROGRAMMING
NOTIFICATIONS.’’;
(B) by striking subsection (a); and
(C) in subsection (b)—
(i) by striking ‘‘(b) REVIEW OF CERTAIN REPROGRAMMING NOTIFICATIONS.—’’; and
(ii) by striking ‘‘Foreign Affairs’’ and inserting
‘‘International Relations’’;
(20) in section 65(1) (22 U.S.C. 2595c(1)) by inserting ‘‘of
America’’ after ‘‘United States’’; and
(21) by redesignating sections 1, 2, 3, 27, 28, 31, 32, 33,
34, 36, 37, 38, 39, 41, 44, 51, 52, 61, 62, 64, and 65, as
amended by this section, as sections 101, 102, 103, 201, 202,
301, 302, 303, 304, 305, 306, 307, 308, 401, 402, 403, 404,
501, 502, 503, and 504, respectively.
SEC. 1224. COMPENSATION OF OFFICERS.

Title 5, United States Code, is amended—
(1) in section 5313, by striking ‘‘Director of the United
States Arms Control and Disarmament Agency.’’;
(2) in section 5314, by striking ‘‘Deputy Director of the
United States Arms Control and Disarmament Agency.’’;
(3) in section 5315—
(A) by striking ‘‘Assistant Directors, United States
Arms Control and Disarmament Agency (4).’’; and
(B) by striking ‘‘Special Representatives of the President for arms control, nonproliferation, and disarmament
matters, United States Arms Control and Disarmament
Agency’’, and inserting ‘‘Special Representatives of the
President for arms control, nonproliferation, and disarmament matters, Department of State’’; and
(4) in section 5316, by striking ‘‘General Counsel of the
United States Arms Control and Disarmament Agency.’’.

22 USC 2551 et
seq.

112 STAT. 2681–773

PUBLIC LAW 105–277—OCT. 21, 1998

SEC. 1225. ADDITIONAL CONFORMING AMENDMENTS.

(a) ARMS EXPORT CONTROL ACT.—The Arms Export Control
Act is amended—
(1) in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by striking ‘‘Director of the Arms Control and Disarmament Agency
in consultation with the Secretary of State and the Secretary
of Defense’’ and inserting ‘‘Secretary of State in consultation
with the Secretary of Defense and the Director of Central
Intelligence’’;
(2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))—
(A) in the first sentence, by striking ‘‘be made in
coordination with the Director of the United States Arms
Control and Disarmament Agency, taking into account the
Director’s assessment as to’’ and inserting ‘‘take into
account’’; and
(B) by striking the second sentence;
(3) in section 42(a) (22 U.S.C. 2791(a))—
(A) in paragraph (1)(C), by striking ‘‘the assessment
of the Director of the United States Arms Control and
Disarmament Agency as to’’;
(B) by striking ‘‘(1)’’ after ‘‘(a)’’; and
(C) by striking paragraph (2);
(4) in section 71(a) (22 U.S.C. 2797(a)), by striking ‘‘, the
Director of the Arms Control and Disarmament Agency,’’;
(5) in section 71(b)(1) (22 U.S.C. 2797(b)(1)), by striking
‘‘and the Director of the United States Arms Control and Disarmament Agency’’;
(6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))—
(A) by striking ‘‘, the Secretary of Commerce, and the
Director of the United States Arms Control and Disarmament Agency’’ and inserting ‘‘and the Secretary of Commerce’’; and
(B) by striking ‘‘or the Director’’;
(7) in section 71(c) (22 U.S.C. 2797(c)), by striking ‘‘with
the Director of the United States Arms Control and Disarmament Agency,’’; and
(8) in section 73(d) (22 U.S.C. 2797b(d)), by striking ‘‘,
the Secretary of Commerce, and the Director of the United
States Arms Control and Disarmament Agency’’ and inserting
‘‘and the Secretary of Commerce’’.
(b) FOREIGN ASSISTANCE ACT.—Section 511 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321d) is amended by striking
‘‘be made in coordination with the Director of the United States
Arms Control and Disarmament Agency and shall take into account
his opinion as to’’ and inserting ‘‘take into account’’.
(c) UNITED STATES INSTITUTE OF PEACE ACT.—
(1) Section 1706(b) of the United States Institute of Peace
Act (22 U.S.C. 4605(b)) is amended—
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and
(C) in paragraph (4) (as redesignated), by striking
‘‘Eleven’’ and inserting ‘‘Twelve’’.
(2) Section 1707(d)(2) of that Act (22 U.S.C. 4606(d)(2))
is amended by striking ‘‘, Director of the Arms Control and
Disarmament Agency’’.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–774

(d) ATOMIC ENERGY ACT OF 1954.—The Atomic Energy Act
of 1954 is amended—
(1) in section 57b. (42 U.S.C. 2077(b))—
(A) in the first sentence, by striking ‘‘the Arms Control
and Disarmament Agency,’’; and
(B) in the second sentence, by striking ‘‘the Director
of the Arms Control and Disarmament Agency,’’;
(2) in section 109b. (42 U.S.C. 2129(b)), by striking ‘‘and
the Director’’;
(3) in section 111b. (42 U.S.C. 2131(b)) by striking ‘‘the
Arms Control and Disarmament Agency, the Nuclear Regulatory Commission,’’ and inserting ‘‘the Nuclear Regulatory
Commission’’;
(4) in section 123 (42 U.S.C. 2153)—
(A) in subsection a., in the third sentence—
(i) by striking ‘‘and in consultation with the Director of the Arms Control and Disarmament Agency (‘the
Director’)’’;
(ii) by inserting ‘‘and’’ after ‘‘Energy,’’;
(iii) by striking ‘‘Commission, and the Director,
who’’ and inserting ‘‘Commission. The Secretary of
State’’; and
(iv) after ‘‘nuclear explosive purpose.’’, by inserting
the following new sentence: ‘‘Each Nuclear Proliferation Assessment Statement prepared pursuant to this
Act shall be accompanied by a classified annex, prepared in consultation with the Director of Central Intelligence, summarizing relevant classified information.’’;
(B) in subsection d., in the first proviso—
(i) by striking ‘‘Nuclear Proliferation Assessment
Statement prepared by the Director of the Arms Control and Disarmament Agency,’’ and inserting ‘‘Nuclear
Proliferation Assessment Statement prepared by the
Secretary of State, and any annexes thereto,’’; and
(ii) by striking ‘‘has been’’ and inserting ‘‘have
been’’; and
(C) in the first undesignated paragraph following subsection d., by striking ‘‘the Arms Control and Disarmament
Agency,’’;
(5) in section 126a.(1), by striking ‘‘the Director of the
Arms Control and Disarmament Agency, and the Nuclear Regulatory Commission’’ and inserting ‘‘and the Nuclear Regulatory
Commission,’’;
(6) in section 131a. (42 U.S.C. 2160(a))—
(A) in paragraph (1)—
(i) in the first sentence, by striking ‘‘the Director,’’;
(ii) in the third sentence, by striking ‘‘the Director
declares that he intends’’ and inserting ‘‘the Secretary
of State is required’’; and
(iii) in the third sentence, by striking ‘‘the Director’s declaration’’ and inserting ‘‘the requirement to
prepare a Nuclear Proliferation Assessment Statement’’;
(B) in paragraph (2)—
(i) by striking ‘‘Director’s view’’ and inserting ‘‘view
of the Secretary of State, Secretary of Energy, Secretary of Defense, or the Commission’’; and

42 USC 2139.
42 USC 2141.

42 USC 2155.

112 STAT. 2681–775

PUBLIC LAW 105–277—OCT. 21, 1998

(ii) by striking ‘‘he may prepare’’ and inserting
‘‘the Secretary of State, in consultation with such Secretary or the Commission, shall prepare’’; and
(7) in section 131c. (42 U.S.C. 2160(c))—
(A) in the first sentence, by striking ‘‘, the Director
of the Arms Control and Disarmament Agency,’’;
(B) in the sixth and seventh sentences, by striking
‘‘Director’’ each place it appears and inserting ‘‘Secretary
of State’’; and
(C) in the seventh sentence, by striking ‘‘Director’s’’
and inserting ‘‘Secretary of State’s’’.
(e) NUCLEAR NON-PROLIFERATION ACT OF 1978.—The Nuclear
Non-Proliferation Act of 1978 is amended—
(1) in section 4 (22 U.S.C. 3203)—
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) through (8) as
paragraphs (2) through (7), respectively;
(2) in section 102 (22 U.S.C. 3222), by striking ‘‘, the
Secretary of State, and the Director of the Arms Control and
Disarmament Agency’’ and inserting ‘‘and the Secretary of
State’’;
(3) in section 304(d) (42 U.S.C. 2156a), by striking ‘‘the
Secretary of Defense, and the Director,’’ and inserting ‘‘and
the Secretary of Defense,’’;
(4) in section 309 (42 U.S.C. 2139a)—
(A) in subsection (b), by striking ‘‘the Department of
Commerce, and the Arms Control and Disarmament
Agency’’ and inserting ‘‘and the Department of Commerce’’;
and
(B) in subsection (c), by striking ‘‘the Arms Control
and Disarmament Agency,’’;
(5) in section 406 (42 U.S.C. 2160a), by inserting ‘‘, or
any annexes thereto,’’ after ‘‘Statement’’; and
(6) in section 602 (22 U.S.C. 3282)—
(A) in subsection (c), by striking ‘‘the Arms Control
and Disarmament Agency,’’; and
(B) in subsection (e), by striking ‘‘and the Director’’.
(f) STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956.—
Section 23(a) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2695(a)) is amended by striking ‘‘the Agency for
International Development, and the Arms Control and Disarmament Agency’’ and inserting ‘‘and the Agency for International
Development’’.
(g) FOREIGN RELATIONS AUTHORIZATION ACT OF 1972.—Section
502 of the Foreign Relations Authorization Act of 1972 (2 U.S.C.
194a) is amended by striking ‘‘the United States Arms Control
and Disarmament Agency,’’.
(h) TITLE 49.—Section 40118(d) of title 49, United States Code,
is amended by striking ‘‘, or the Director of the Arms Control
and Disarmament Agency’’.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–776

TITLE XIII—UNITED STATES INFORMATION AGENCY
CHAPTER 1—GENERAL PROVISIONS
SEC. 1301. EFFECTIVE DATE.

This title, and the amendments made by this title, shall take
effect on the earlier of—
(1) October 1, 1999; or
(2) the date of abolition of the United States Information
Agency pursuant to the reorganization plan described in section
1601.

22 USC 6531
note.

CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS
SEC. 1311. ABOLITION OF UNITED STATES INFORMATION AGENCY.

22 USC 6531.

The United States Information Agency (other than the Broadcasting Board of Governors and the International Broadcasting
Bureau) is abolished.
SEC. 1312. TRANSFER OF FUNCTIONS.

22 USC 6532.

(a) IN GENERAL.—There are transferred to the Secretary of
State all functions of the Director of the United States Information
Agency and all functions of the United States Information Agency
and any office or component of such agency, under any statute,
reorganization plan, Executive order, or other provision of law,
as of the day before the effective date of this title.
(b) EXCEPTION.—Subsection (a) does not apply to the Broadcasting Board of Governors, the International Broadcasting Bureau,
or any function performed by the Board or the Bureau.
SEC. 1313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY.

Section 1(b) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a(b)), as amended by this division, is further
amended by adding at the end the following new paragraph:
‘‘(3) UNDER SECRETARY FOR PUBLIC DIPLOMACY.—There
shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary for Public
Diplomacy, who shall have primary responsibility to assist the
Secretary and the Deputy Secretary in the formation and
implementation of United States public diplomacy policies and
activities, including international educational and cultural
exchange programs, information, and international broadcasting.’’.
SEC. 1314. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF UNITED
STATES INFORMATION AGENCY AND TRANSFER OF
FUNCTIONS.

(a) ABOLITION OF OFFICE.—The Office of Inspector General
of the United States Information Agency is abolished.
(b) AMENDMENTS TO INSPECTOR GENERAL ACT OF 1978.—Section
11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1) in paragraph (1), by striking ‘‘the Office of Personnel
Management, the United States Information Agency’’ and
inserting ‘‘or the Office of Personnel Management’’; and
(2) in paragraph (2), by striking ‘‘the United States
Information Agency,’’.
(c) EXECUTIVE SCHEDULE.—Section 5315 of title 5, United
States Code, is amended by striking the following:

22 USC 6533.

112 STAT. 2681–777

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘Inspector General, United States Information Agency.’’.
(d) AMENDMENTS TO PUBLIC LAW 103–236.—Subsections (i) and
(j) of section 308 of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6207 (i) and (j)) are amended—
(1) by striking ‘‘Inspector General of the United States
Information Agency’’ each place it appears and inserting
‘‘Inspector General of the Department of State and the Foreign
Service’’; and
(2) by striking ‘‘, the Director of the United States Information Agency,’’.
(e) TRANSFER OF FUNCTIONS.—There are transferred to the
Office of the Inspector General of the Department of State and
the Foreign Service the functions that the Office of Inspector General of the United States Information Agency exercised before the
effective date of this title (including all related functions of the
Inspector General of the United States Information Agency).
CHAPTER 3—INTERNATIONAL BROADCASTING
22 USC 6541.

SEC. 1321. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

Congress finds that—
(1) it is the policy of the United States to promote the
right of freedom of opinion and expression, including the freedom ‘‘to seek, receive, and impart information and ideas through
any media and regardless of frontiers’’, in accordance with
Article 19 of the Universal Declaration of Human Rights;
(2) open communication of information and ideas among
the peoples of the world contributes to international peace
and stability, and the promotion of such communication is
in the interests of the United States;
(3) it is in the interest of the United States to support
broadcasting to other nations consistent with the requirements
of this chapter and the United States International Broadcasting Act of 1994; and
(4) international broadcasting is, and should remain, an
essential instrument of United States foreign policy.
SEC. 1322. CONTINUED EXISTENCE OF BROADCASTING BOARD OF GOVERNORS.

Section 304(a) of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6203(a)) is amended to read as follows:
‘‘(a) CONTINUED EXISTENCE WITHIN EXECUTIVE BRANCH.—
‘‘(1) IN GENERAL.—The Broadcasting Board of Governors
shall continue to exist within the Executive branch of Government as an entity described in section 104 of title 5, United
States Code.
‘‘(2) RETENTION OF EXISTING BOARD MEMBERS.—The members of the Broadcasting Board of Governors appointed by the
President pursuant to subsection (b)(1)(A) before the effective
date of title XIII of the Foreign Affairs Agencies Consolidation
Act of 1998 and holding office as of that date may serve the
remainder of their terms of office without reappointment.
‘‘(3) INSPECTOR GENERAL AUTHORITIES.—
‘‘(A) IN GENERAL.—The Inspector General of the
Department of State and the Foreign Service shall exercise
the same authorities with respect to the Broadcasting

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–778

Board of Governors and the International Broadcasting
Bureau as the Inspector General exercises under the
Inspector General Act of 1978 and section 209 of the Foreign Service Act of 1980 with respect to the Department
of State.
‘‘(B) RESPECT FOR JOURNALISTIC INTEGRITY OF BROADCASTERS.—The Inspector General shall respect the journalistic integrity of all the broadcasters covered by this title
and may not evaluate the philosophical or political perspectives reflected in the content of broadcasts.’’.
SEC. 1323. CONFORMING AMENDMENTS TO THE UNITED STATES
INTERNATIONAL BROADCASTING ACT OF 1994.

(a) REFERENCES IN SECTION.—Whenever in this section an
amendment or repeal is expressed as an amendment or repeal
of a provision, the reference shall be deemed to be made to the
United States International Broadcasting Act of 1994 (22 U.S.C.
6201 et seq.).
(b) SUBSTITUTION OF SECRETARY OF STATE.—Sections
304(b)(1)(B), 304(b) (2) and (3), 304(c), and 304(e) (22 U.S.C.
6203(b)(1)(B), 6203(b) (2) and (3), 6203(c), and 6203(e)) are amended
by striking ‘‘Director of the United States Information Agency’’
each place it appears and inserting ‘‘Secretary of State’’.
(c) SUBSTITUTION OF ACTING SECRETARY OF STATE.—Section
304(c) (22 U.S.C. 6203(c)) is amended by striking ‘‘acting Director
of the agency’’ and inserting ‘‘Acting Secretary of State’’.
(d) STANDARDS AND PRINCIPLES OF INTERNATIONAL BROADCASTING.—Section 303(b) (22 U.S.C. 6202(b)) is amended—
(1) in paragraph (3), by inserting ‘‘, including editorials,
broadcast by the Voice of America, which present the views
of the United States Government’’ after ‘‘policies’’;
(2) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; and
(3) by inserting after paragraph (3) the following:
‘‘(4) the capability to provide a surge capacity to support
United States foreign policy objectives during crises abroad;’’;
(e) AUTHORITIES OF THE BOARD.—Section 305(a) (22 U.S.C.
6204(a)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘direct and’’; and
(B) by striking ‘‘and the Television Broadcasting to
Cuba Act’’ and inserting ‘‘, the Television Broadcasting
to Cuba Act, and Worldnet Television, except as provided
in section 306(b)’’;
(2) in paragraph (4), by inserting ‘‘, after consultation with
the Secretary of State,’’ after ‘‘annually,’’;
(3) in paragraph (9)—
(A) by striking ‘‘, through the Director of the United
States Information Agency,’’; and
(B) by adding at the end the following new sentence:
‘‘Each annual report shall place special emphasis on the
assessment described in paragraph (2).’’;
(4) in paragraph (12)—
(A) by striking ‘‘1994 and 1995’’ and inserting ‘‘1998
and 1999’’; and
(B) by striking ‘‘to the Board for International Broadcasting for such purposes for fiscal year 1993’’ and inserting

112 STAT. 2681–779

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘to the Board and the International Broadcasting Bureau
for such purposes for fiscal year 1997’’; and
(5) by adding at the end the following new paragraphs:
‘‘(15)(A) To procure temporary and intermittent personal
services to the same extent as is authorized by section 3109
of title 5, United States Code, at rates not to exceed the daily
equivalent of the rate provided for positions classified above
grade GS–15 of the General Schedule under section 5108 of
title 5, United States Code.
‘‘(B) To allow those providing such services, while away
from their homes or their regular places of business, travel
expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5, United States Code, for persons
in the Government service employed intermittently, while so
employed.
‘‘(16) To procure, pursuant to section 1535 of title 31,
United States Code (commonly known as the ‘Economy Act’),
such goods and services from other departments or agencies
for the Board and the International Broadcasting Bureau as
the Board determines are appropriate.
‘‘(17) To utilize the provisions of titles III, IV, V, VII,
VIII, IX, and X of the United States Information and Educational Exchange Act of 1948, and section 6 of Reorganization
Plan Number 2 of 1977, as in effect on the day before the
effective date of title XIII of the Foreign Affairs Agencies
Consolidation Act of 1998, to the extent the Board considers
necessary in carrying out the provisions and purposes of this
title.
‘‘(18) To utilize the authorities of any other statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding that had
been available to the Director of the United States Information
Agency, the Bureau, or the Board before the effective date
of title XIII of the Foreign Affairs Consolidation Act of 1998
for carrying out the broadcasting activities covered by this
title.’’.
(f) DELEGATION OF AUTHORITY.—Section 305 (22 U.S.C. 6204)
is amended—
(1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new subsection:
‘‘(b) DELEGATION OF AUTHORITY.—The Board may delegate to
the Director of the International Broadcasting Bureau, or any other
officer or employee of the United States, to the extent the Board
determines to be appropriate, the authorities provided in this section, except those authorities provided in paragraph (1), (2), (3),
(4), (5), (6), (9), or (11) of subsection (a).’’.
(g) BROADCASTING BUDGETS.—Section 305(c)(1) (as redesignated) is amended—
(1) by striking ‘‘(1)’’ before ‘‘The Director’’; and
(2) by striking ‘‘the Director of the United States Information Agency for the consideration of the Director as a part
of the Agency’s budget submission to’’.
(h) REPEAL.—Section 305(c)(2) (as redesignated) is repealed.
(i) IMPLEMENTATION.—Section 305(d) (as redesignated) is
amended to read as follows:

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–780

‘‘(d) PROFESSIONAL INDEPENDENCE OF BROADCASTERS.—The
Secretary of State and the Board, in carrying out their functions,
shall respect the professional independence and integrity of the
International Broadcasting Bureau, its broadcasting services, and
the grantees of the Board.’’.
(j) FOREIGN POLICY GUIDANCE.—Section 306 (22 U.S.C. 6205)
is amended—
(1) in the section heading, by striking ‘‘FOREIGN POLICY
GUIDANCE’’ and inserting ‘‘ROLE OF THE SECRETARY
OF STATE’’;
(2) by inserting ‘‘(a) FOREIGN POLICY GUIDANCE.—’’ immediately before ‘‘To’’;
(3) by striking ‘‘State, acting through the Director of the
United States Information Agency,’’ and inserting ‘‘State’’;
(4) by inserting before the period at the end the following:
‘‘, as the Secretary may deem appropriate’’; and
(5) by adding at the end the following:
‘‘(b) CERTAIN WORLDNET PROGRAMMING.—The Secretary of
State is authorized to use Worldnet broadcasts for the purposes
of continuing interactive dialogues with foreign media and other
similar overseas public diplomacy programs sponsored by the
Department of State. The Chairman of the Broadcasting Board
of Governors shall provide access to Worldnet for this purpose
on a nonreimbursable basis.’’.
(k) INTERNATIONAL BROADCASTING BUREAU.—Section 307 (22
U.S.C. 6206) is amended—
(1) in subsection (a), by striking ‘‘within the United States
Information Agency’’ and inserting ‘‘under the Board’’;
(2) in subsection (b)(1), by striking ‘‘Chairman of the Board,
in consultation with the Director of the United States Information Agency and with the concurrence of a majority of the
Board’’ and inserting ‘‘President, by and with the advice and
consent of the Senate’’;
(3) by redesignating subsection (b)(1) as subsection (b);
(4) by striking subsection (b)(2); and
(5) by adding at the end the following new subsection:
‘‘(c) RESPONSIBILITIES OF THE DIRECTOR.—The Director shall
organize and chair a coordinating committee to examine and make
recommendations to the Board on long-term strategies for the future
of international broadcasting, including the use of new technologies,
further consolidation of broadcast services, and consolidation of
currently existing public affairs and legislative relations functions
in the various international broadcasting entities. The coordinating
committee shall include representatives of Radio Free Asia, RFE/
RL, Incorporated, the Broadcasting Board of Governors, and, as
appropriate, the Office of Cuba Broadcasting, the Voice of America,
and Worldnet.’’.
(l) REPEALS.—The following provisions of law are repealed:
(1) Subsections (k) and (l) of section 308 (22 U.S.C. 6207
(k), (l)).
(2) Section 310 (22 U.S.C. 6209).
SEC. 1324. AMENDMENTS TO THE RADIO BROADCASTING TO CUBA
ACT.

The Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.)
is amended—

112 STAT. 2681–781
22 USC 1465a,
1465d, 1465f.
22 USC 1465a,
1465d, 1465e,
1465f.
22 USC 1465a,
1465b.

22 USC 1465b.

PUBLIC LAW 105–277—OCT. 21, 1998

(1) by striking ‘‘United States Information Agency’’ each
place it appears and inserting ‘‘Broadcasting Board of Governors’’;
(2) by striking ‘‘Agency’’ each place it appears and inserting
‘‘Board’’;
(3) by striking ‘‘the Director of the United States Information Agency’’ each place it appears and inserting ‘‘the Broadcasting Board of Governors’’;
(4) in section 4 (22 U.S.C. 1465b), by striking ‘‘the Voice
of America’’ and inserting ‘‘the International Broadcasting
Bureau’’;
(5) in section 5 (22 U.S.C. 1465c)—
(A) by striking ‘‘Board’’ each place it appears and
inserting ‘‘Advisory Board’’; and
(B) in subsection (a), by striking the first sentence
and inserting ‘‘There is established within the Office of
the President the Advisory Board for Cuba Broadcasting
(in this division referred to as the ‘Advisory Board’).’’; and
(6) by striking any other reference to ‘‘Director’’ not amended by paragraph (3) each place it appears and inserting ‘‘Board’’.
SEC. 1325. AMENDMENTS TO THE TELEVISION BROADCASTING TO
CUBA ACT.

The Television Broadcasting to Cuba Act (22 U.S.C. 1465aa
et seq.) is amended—
(1) in section 243(a) (22 U.S.C. 1465bb(a)) and section
246 (22 U.S.C. 1465dd), by striking ‘‘United States Information
Agency’’ each place it appears and inserting ‘‘Broadcasting
Board of Governors’’;
(2) in section 243(c) (22 U.S.C. 1465bb(c))—
(A) in the subsection heading, by striking ‘‘USIA’’; and
(B) by striking ‘‘ ‘USIA Television’’ and inserting ‘‘the
‘Television’’;
(3) in section 244(c) (22 U.S.C. 1465cc(c)) and section 246
(22 U.S.C. 1465dd), by striking ‘‘Agency’’ each place it appears
and inserting ‘‘Board’’;
(4) in section 244 (22 U.S.C. 1465cc)—
(A) in the section heading, by striking ‘‘OF THE
UNITED STATES INFORMATION AGENCY’’;
(B) in subsection (a)—
(i) in the first sentence, by striking ‘‘The Director
of the United States Information Agency shall establish’’ and inserting ‘‘There is’’; and
(ii) in the second sentence—
(I) by striking ‘‘Director of the United States
Information Agency’’ and inserting ‘‘Broadcasting
Board of Governors’’; and
(II) by striking ‘‘the Director of the Voice of
America’’ and inserting ‘‘the International Broadcasting Bureau’’;
(C) in subsection (b)—
(i) by striking ‘‘Agency facilities’’ and inserting
‘‘Board facilities’’; and
(ii) by striking ‘‘Information Agency’’ and inserting
‘‘International’’; and
(D) in the heading of subsection (c), by striking ‘‘USIA’’;
and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–782

(5) in section 245(d) (22 U.S.C. 1465c note), by striking
‘‘Board’’ and inserting ‘‘Advisory Board’’.
SEC. 1326. TRANSFER OF BROADCASTING RELATED FUNDS, PROPERTY,
AND PERSONNEL.

(a) TRANSFER

AND

ALLOCATION

OF

PROPERTY

AND

APPROPRIA-

TIONS.—

(1) IN GENERAL.—The assets, liabilities (including contingent liabilities arising from suits continued with a substitution
or addition of parties under section 1327(d)), contracts, property, records, and unexpended balance of appropriations,
authorizations, allocations, and other funds employed, held,
used, arising from, available to, or to be made available in
connection with the functions and offices of USIA transferred
to the Broadcasting Board of Governors by this chapter shall
be transferred to the Broadcasting Board of Governors for
appropriate allocation.
(2) ADDITIONAL TRANSFERS.—In addition to the transfers
made under paragraph (1), there shall be transferred to the
Chairman of the Broadcasting Board of Governors the assets,
contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds, as determined by the Secretary, in concurrence with the Broadcasting
Board of Governors, to support the functions transferred by
this chapter.
(b) TRANSFER OF PERSONNEL.—Notwithstanding any other
provision of law—
(1) except as provided in subsection (c), all personnel and
positions of USIA employed or maintained to carry out the
functions transferred by this chapter to the Broadcasting Board
of Governors shall be transferred to the Broadcasting Board
of Governors at the same grade or class and the same rate
of basic pay or basic salary rate and with the same tenure
held immediately preceding transfer; and
(2) the personnel and positions of USIA, as determined
by the Secretary of State, with the concurrence of the Broadcasting Board of Governors and the Director of USIA, to support
the functions transferred by this chapter shall be transferred
to the Broadcasting Board of Governors, including the International Broadcasting Bureau, at the same grade or class and
the same rate of basic pay or basic salary rate and with the
same tenure held immediately preceding transfer.
(c) TRANSFER AND ALLOCATION OF PROPERTY, APPROPRIATIONS,
AND PERSONNEL ASSOCIATED WITH WORLDNET.—USIA personnel
responsible for carrying out interactive dialogs with foreign media
and other similar overseas public diplomacy programs using the
Worldnet television broadcasting system, and funds associated with
such personnel, shall be transferred to the Department of State
in accordance with the provisions of title XVI of this subdivision.
(d) INCIDENTAL TRANSFERS.—The Director of the Office of
Management and Budget, when requested by the Broadcasting
Board of Governors, is authorized to make such incidental dispositions of personnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds held, used, arising from, available
to, or to be made available in connection with functions and offices

22 USC 6542.

112 STAT. 2681–783

PUBLIC LAW 105–277—OCT. 21, 1998

transferred from USIA, as may be necessary to carry out the provisions of this section.
22 USC 6543.

SEC. 1327. SAVINGS PROVISIONS.

(a) CONTINUING LEGAL FORCE AND EFFECT.—All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other
administrative actions—
(1) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or official
thereof, or by a court of competent jurisdiction, in the performance of functions exercised by the Broadcasting Board of Governors of the United States Information Agency on the day
before the effective date of this title, and
(2) that are in effect at the time this title takes effect,
or were final before the effective date of this title and are
to become effective on or after the effective date of this title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with
law by the President, the Broadcasting Board of Governors, or
other authorized official, a court of competent jurisdiction, or by
operation of law.
(b) PENDING PROCEEDINGS.—
(1) IN GENERAL.—The provisions of this chapter, or amendments made by this chapter, shall not affect any proceedings,
including notices of proposed rulemaking, or any application
for any license, permit, certificate, or financial assistance pending before the Broadcasting Board of Governors of the United
States Information Agency at the time this title takes effect,
with respect to functions exercised by the Board as of the
effective date of this title but such proceedings and applications
shall be continued.
(2) ORDERS, APPEALS, AND PAYMENTS.—Orders shall be
issued in such proceedings, appeals shall be taken therefrom,
and payments shall be made pursuant to such orders, as if
this chapter had not been enacted, and orders issued in any
such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official,
by a court of competent jurisdiction, or by operation of law.
(3) STATUTORY CONSTRUCTION.—Nothing in this subsection
shall be deemed to prohibit the discontinuance or modification
of any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have been
discontinued or modified if this chapter had not been enacted.
(c) NONABATEMENT OF PROCEEDINGS.—No suit, action, or other
proceeding commenced by or against any officer in the official
capacity of such individual as an officer of the Broadcasting Board
of Governors, or any commission or component thereof, shall abate
by reason of the enactment of this chapter. No cause of action
by or against the Broadcasting Board of Governors, or any commission or component thereof, or by or against any officer thereof
in the official capacity of such officer, shall abate by reason of
the enactment of this chapter.
(d) CONTINUATION OF PROCEEDINGS WITH SUBSTITUTION OF
PARTIES.—
(1) SUBSTITUTION OF PARTIES.—If, before the effective date
of this title, USIA or the Broadcasting Board of Governors,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–784

or any officer thereof in the official capacity of such officer,
is a party to a suit which is related to the functions transferred
by this chapter, then effective on such date such suit shall
be continued with the Broadcasting Board of Governors or
other appropriate official of the Board substituted or added
as a party.
(2) LIABILITY OF THE BOARD.—The Board shall participate
in suits continued under paragraph (1) where the Broadcasting
Board of Governors or other appropriate official of the Board
is added as a party and shall be liable for any judgments
or remedies in those suits or proceedings arising from the
exercise of the functions transferred by this chapter to the
same extent that USIA would have been liable if such judgment
or remedy had been rendered on the day before the abolition
of USIA.
(e) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION OF
REGULATIONS.—Any administrative action relating to the preparation or promulgation of a regulation by the Broadcasting Board
of Governors relating to a function exercised by the Board before
the effective date of this title may be continued by the Board
with the same effect as if this chapter had not been enacted.
(f) REFERENCES.—Reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document
of or relating to the Broadcasting Board of Governors of the United
States Information Agency with regard to functions exercised before
the effective date of this title, shall be deemed to refer to the
Board.
SEC. 1328. REPORT ON THE PRIVATIZATION OF RFE/RL, INCORPORATED.

Not later than March 1 of each year, the Broadcasting Board
of Governors shall submit to the appropriate congressional committees a report on the progress of the Board and of RFE/RL, Incorporated, on any steps taken to further the policy declared in section
312(a) of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995. The report under this subsection shall include
the following:
(1) Efforts by RFE/RL, Incorporated, to terminate individual language services.
(2) A detailed description of steps taken with regard to
section 312(a) of that Act.
(3) An analysis of prospects for privatization over the coming year.
(4) An assessment of the extent to which United States
Government funding may be appropriate in the year 2000 and
subsequent years for surrogate broadcasting to the countries
to which RFE/RL, Incorporated, broadcast during the year.
This assessment shall include an analysis of the environment
for independent media in those countries, noting the extent
of government control of the media, the ability of independent
journalists and news organizations to operate, relevant domestic legislation, level of government harassment and efforts to
censor, and other indications of whether the people of such
countries enjoy freedom of expression.

22 USC 6544.

112 STAT. 2681–785

PUBLIC LAW 105–277—OCT. 21, 1998
CHAPTER 4—CONFORMING AMENDMENTS

22 USC 6551.

SEC. 1331. REFERENCES.

(a) IN GENERAL.—Except as otherwise provided in this subdivision, any reference in any statute, reorganization plan, Executive
order, regulation, agreement, determination, or other official document or proceeding to—
(1) the Director of the United States Information Agency
or the Director of the International Communication Agency
shall be deemed to refer to the Secretary of State; and
(2) the United States Information Agency, USIA, or the
International Communication Agency shall be deemed to refer
to the Department of State.
(b) CONTINUING REFERENCES TO USIA OR DIRECTOR.—Subsection (a) shall not apply to section 146 (a), (b), or (c) of the
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
(22 U.S.C. 4069a(f), 4069b(g), or 4069c(f)).
SEC. 1332. AMENDMENTS TO TITLE 5, UNITED STATES CODE.

Title 5, United States Code, is amended—
(1) in section 5313, by striking ‘‘Director of the United
States Information Agency.’’;
(2) in section 5315—
(A) by striking ‘‘Deputy Director of the United States
Information Agency.’’; and
(B) by striking ‘‘Director of the International Broadcasting Bureau, the United States Information Agency.’’
and inserting ‘‘Director of the International Broadcasting
Bureau.’’; and
(3) in section 5316—
(A) by striking ‘‘Deputy Director, Policy and Plans,
United States Information Agency.’’; and
(B) by striking ‘‘Associate Director (Policy and Plans),
United States Information Agency.’’.
22 USC 6552.

SEC. 1333. APPLICATION OF CERTAIN LAWS.

(a) APPLICATION TO FUNCTIONS OF DEPARTMENT OF STATE.—
Section 501 of Public Law 80–402 (22 U.S.C. 1461), section 202
of Public Law 95–426 (22 U.S.C. 1461–1), and section 208 of Public
Law 99–93 (22 U.S.C. 1461–1a) shall not apply to public affairs
and other information dissemination functions of the Secretary
of State as carried out prior to any transfer of functions pursuant
to this subdivision.
(b) APPLICATION TO FUNCTIONS TRANSFERRED TO DEPARTMENT
OF STATE.—Section 501 of Public Law 80–402 (22 U.S.C. 1461),
section 202 of Public Law 95–426 (22 U.S.C. 1461–1), and section
208 of Public Law 99–93 (22 U.S.C. 1461–1a) shall apply only
to public diplomacy programs of the Director of the United States
Information Agency as carried out prior to any transfer of functions
pursuant to this subdivision to the same extent that such programs
were covered by these provisions prior to such transfer.
(c) LIMITATION ON USE OF FUNDS.—Except as provided in section 501 of Public Law 80–402 and section 208 of Public Law
99–93, funds specifically authorized to be appropriated for such
public diplomacy programs shall not be used to influence public
opinion in the United States, and no program material prepared

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–786

using such funds shall be distributed or disseminated in the United
States.
(d) REPORTING REQUIREMENTS.—The report submitted pursuant
to section 1601(f) of this subdivision shall include a detailed statement of the manner in which the special mission of public diplomacy
carried out by USIA prior to the transfer of functions under this
subdivision shall be preserved within the Department of State,
including the planned duties and responsibilities of any new
bureaus that will perform such public diplomacy functions. Such
report shall also include the best available estimates of—
(1) the amounts expended by the Department of State
for public affairs programs during fiscal year 1998, and on
the personnel and support costs for such programs;
(2) the amounts expended by USIA for its public diplomacy
programs during fiscal year 1998, and on the personnel and
support costs for such programs; and
(3) the amounts, including funds to be transferred from
USIA and funds appropriated to the Department, that will
be allocated for the programs described in paragraphs (1) and
(2), respectively, during the fiscal year in which the transfer
of functions from USIA to the Department occurs.
(e) CONGRESSIONAL PRESENTATION DOCUMENT.—The Department of State’s Congressional Presentation Document for fiscal
year 2000 and each fiscal year thereafter shall include—
(1) the aggregated amounts that the Department will spend
on such public diplomacy programs and on costs of personnel
for such programs, and a detailed description of the goals
and purposes for which such funds shall be expended; and
(2) the amount of funds allocated to and the positions
authorized for such public diplomacy programs, including
bureaus to be created upon the transfer of functions from
USIA to the Department.
SEC. 1334. ABOLITION OF UNITED STATES ADVISORY COMMISSION ON
PUBLIC DIPLOMACY.

(a) ABOLITION.—The United States Advisory Commission on
Public Diplomacy is abolished.
(b) REPEALS.—Section 604 of the United States Information
and Educational Exchange Act of 1948 (22 U.S.C. 1469) and section
8 of Reorganization Plan Numbered 2 of 1977 are repealed.
SEC. 1335. CONFORMING AMENDMENTS.

(a) The United States Information and Educational Exchange
Act of 1948 (22 U.S.C. 1431 et seq.) is amended—
(1) in section 505 (22 U.S.C. 1464a)—
(A) by striking ‘‘Director of the United States Information Agency’’ each place it appears and inserting ‘‘Broadcasting Board of Governors’’;
(B) by striking ‘‘United States Information Agency’’
each place it appears and inserting ‘‘Broadcasting Board
of Governors’’;
(C) in subsection (b)—
(i) by striking ‘‘Agency’s’’ and all that follows
through ‘‘ ‘USIA–TV’)’’ and inserting ‘‘television broadcasts of the United States International Television
Service’’; and

22 USC 6553.

112 STAT. 2681–787

PUBLIC LAW 105–277—OCT. 21, 1998

(ii) in paragraphs (1), (2), and (3), by striking
‘‘USIA–TV’’ each place it appears and inserting ‘‘The
United States International Television Service’’; and
(D) in subsections (d) and (e), by striking ‘‘USIA–TV’’
each place it appears and inserting ‘‘the United States
International Television Service’’;
(2) in section 506(c) (22 U.S.C. 1464b(c))—
(A) by striking ‘‘Director of the United States Information Agency’’ and inserting ‘‘Broadcasting Board of Governors’’;
(B) by striking ‘‘Agency’’ and inserting ‘‘Board’’; and
(C) by striking ‘‘Director’’ and inserting ‘‘Board’’;
(3) in section 705 (22 U.S.C 1477c)—
(A) by striking subsections (a) and (c); and
(B) in subsection (b)—
(i) by striking ‘‘(b) In addition, the United States
Information Agency’’ and inserting ‘‘The Department
of State’’; and
(ii) by striking ‘‘program grants’’ and inserting
‘‘grants for overseas public diplomacy programs’’;
(4) in section 801(7) (22 U.S.C. 1471(7))—
(A) by striking ‘‘Agency’’ and inserting ‘‘overseas public
diplomacy’’; and
(B) by inserting ‘‘other’’ after ‘‘together with’’; and
(5) in section 812 (22 U.S.C. 1475g)—
(A) by striking ‘‘United States Information Agency
post’’ each place it appears and inserting ‘‘overseas public
diplomacy post’’;
(B) in subsection (a), by striking ‘‘United States
Information Agency’’ the first place it appears and inserting
‘‘Department of State’’;
(C) in subsection (b), by striking ‘‘Director of the United
States Information Agency’’ and inserting ‘‘Secretary of
State’’; and
(D) in the section heading, by striking ‘‘USIA’’ and
inserting ‘‘OVERSEAS PUBLIC DIPLOMACY’’.
(b) Section 212 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 1475h) is amended—
(1) by striking ‘‘United States Information Agency’’ each
place it appears and inserting ‘‘Department of State’’;
(2) in subsection (a), by inserting ‘‘for carrying out its
overseas public diplomacy functions’’ after ‘‘grants’’;
(3) in subsection (b)—
(A) by striking ‘‘a grant’’ the first time it appears
and inserting ‘‘an overseas public diplomacy grant’’; and
(B) in paragraph (1), by inserting ‘‘such’’ before ‘‘a
grant’’ the first place it appears;
(4) in subsection (c)(1), by inserting ‘‘overseas public diplomacy’’ before ‘‘grants’’;
(5) in subsection (c)(3), by inserting ‘‘such’’ before ‘‘grant’’;
and
(6) by striking subsection (d).
(c) Section 602 of the National and Community Service Act
of 1990 (22 U.S.C. 2452a) is amended—
(1) in the second sentence of subsection (a), by striking
‘‘United States Information Agency’’ and inserting ‘‘Department
of State’’; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–788

(2) in subsection (b)—
(A) by striking ‘‘appropriations account of the United
States Information Agency’’ and inserting ‘‘appropriate
appropriations account of the Department of State’’; and
(B) by striking ‘‘and the United States Information
Agency’’.
(d) Section 305 of Public Law 97–446 (19 U.S.C. 2604) is amended in the first sentence, by striking ‘‘, after consultation with
the Director of the United States Information Agency,’’.
(e) Section 601 of Public Law 103–227 (20 U.S.C. 5951(a))
is amended by striking ‘‘of the Director of the United States
Information Agency and with’’ and inserting ‘‘and’’.
(f) Section 1003(b) of the Fascell Fellowship Act (22 U.S.C.
4902(b)) is amended—
(1) in the text above paragraph (1), by striking ‘‘9 members’’
and inserting ‘‘7 members’’;
(2) in paragraph (4), by striking ‘‘Six’’ and inserting ‘‘Five’’;
(3) by striking paragraph (3); and
(4) by redesignating paragraph (4) as paragraph (3).
(g) Section 803 of the Intelligence Authorization Act, Fiscal
Year 1992 (50 U.S.C. 1903) is amended—
(1) in subsection (b)—
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively; and
(2) in subsection (c), by striking ‘‘subsection (b)(7)’’ and
inserting ‘‘subsection (b)(6)’’.
(h) Section 7 of the Federal Triangle Development Act (40
U.S.C. 1106) is amended—
(1) in subsection (c)(1)—
(A) in the text above subparagraph (A), by striking
‘‘15 members’’ and inserting ‘‘14 members’’;
(B) by striking subparagraph (F); and
(C) by redesignating subparagraphs (G) through (J)
as subparagraphs (F) through (I), respectively;
(2) in paragraphs (3) and (5) of subsection (c), by striking
‘‘paragraph (1)(J)’’ each place it appears and inserting ‘‘paragraph (1)(I)’’; and
(3) in subsection (d)(3) and subsection (e), by striking ‘‘the
Administrator and the Director of the United States Information Agency’’ each place it appears and inserting ‘‘and the
Administrator’’.
(i) Section 3 of the Woodrow Wilson Memorial Act of 1968
(Public Law 90–637; 20 U.S.C. 80f) is amended—
(1) in subsection (b)—
(A) in the text preceding paragraph (1), by striking
‘‘19 members’’ and inserting ‘‘17 members’’;
(B) by striking paragraph (7);
(C) by striking ‘‘10’’ in paragraph (10) and inserting
‘‘9’’; and
(D) by redesignating paragraphs (8) through (10) as
paragraphs (7) through (9), respectively; and
(2) in subsection (c), by striking ‘‘(9)’’ and inserting ‘‘(8)’’.
(j) Section 624 of Public Law 89–329 (20 U.S.C. 1131c) is
amended by striking ‘‘the United States Information Agency,’’.
(k) The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.)
is amended—

112 STAT. 2681–789

22 USC 4001
note.

PUBLIC LAW 105–277—OCT. 21, 1998

(1) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by striking
‘‘Director of the United States Information Agency’’ and inserting ‘‘Broadcasting Board of Governors’’;
(2) in section 210 (22 U.S.C. 3930), by striking ‘‘United
States Information Agency’’ and inserting ‘‘Broadcasting Board
of Governors’’;
(3) in section 1003(a) (22 U.S.C. 4103(a)), by striking
‘‘United States Information Agency’’ and inserting ‘‘Broadcasting Board of Governors’’; and
(4) in section 1101(c) (22 U.S.C. 4131(c)), by striking ‘‘the
United States Information Agency,’’ and inserting ‘‘Broadcasting Board of Governors,’’.
(l) The State Department Authorities Act of 1956, as amended
by this division, is further amended—
(1) in section 23(a) (22 U.S.C. 2695(a)), by striking ‘‘United
States Information Agency’’ and inserting ‘‘Broadcasting Board
of Governors’’;
(2) in section 25(f) (22 U.S.C. 2697(f))—
(A) by striking ‘‘Director of the United States Information Agency’’ and inserting ‘‘Broadcasting Board of Governors’’; and
(B) by striking ‘‘with respect to their respective agencies’’ and inserting ‘‘with respect to the Board and the
Agency’’;
(3) in section 26(b) (22 U.S.C. 2698(b)), as amended by
this division—
(A) by striking ‘‘Director of the United States Information Agency, the chairman of the Board for International
Broadcasting,’’ and inserting ‘‘Broadcasting Board of Governors,’’; and
(B) by striking ‘‘with respect to their respective agencies’’ and inserting ‘‘with respect to the Board and the
Agency’’; and
(4) in section 32 (22 U.S.C. 2704), as amended by this
division, by striking ‘‘the Director of the United States Information Agency’’ and inserting ‘‘the Broadcasting Board of Governors’’.
(m) Section 507(b)(3) of Public Law 103–317 (22 U.S.C.
2669a(b)(3)) is amended by striking ‘‘, the United States Information
Agency,’’.
(n) Section 502 of Public Law 92–352 (2 U.S.C. 194a) is amended by striking ‘‘the United States Information Agency,’’.
(o) Section 6 of Public Law 104–288 (22 U.S.C. 2141d) is
amended—
(1) in subsection (a), by striking ‘‘Director of the United
States Information Agency,’’; and
(2) in subsection (b), by striking ‘‘the Director of the United
States Information Agency’’ and inserting ‘‘the Under Secretary
of State for Public Diplomacy’’.
(p) Section 40118(d) of title 49, United States Code, is amended
by striking ‘‘, the Director of the United States Information
Agency,’’.
(q) Section 155 of Public Law 102–138 is amended—
(1) by striking the comma before ‘‘Department of Commerce’’ and inserting ‘‘and’’; and
(2) by striking ‘‘, and the United States Information
Agency’’.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–790

(r) Section 107 of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6037) is amended by striking
‘‘Director of the United States Information Agency’’ each place it
appears and inserting ‘‘Director of the International Broadcasting
Bureau’’.
SEC. 1336. REPEALS.

The following provisions are repealed:
(1) Sections 701 (22 U.S.C. 1476), 704 (22 U.S.C. 1477b),
807 (22 U.S.C 1475b), 808 (22 U.S.C 1475c), 811 (22 U.S.C
1475f), and 1009 (22 U.S.C. 1440) of the United States Information and Educational Exchange Act of 1948.
(2) Section 106(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2456(c)).
(3) Section 565(e) of the Anti-Economic Discrimination Act
of 1994 (22 U.S.C. 2679c(e)).
(4) Section 206(b) of Public Law 102–138.
(5) Section 2241 of Public Law 104–66.
(6) Sections 1 through 6 of Reorganization Plan Numbered
2 of 1977 (91 Stat. 636).
(7) Section 207 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100–204; 22 U.S.C.
1463 note).

22 USC 1475g
note.
22 USC 4001
note.
5 USC app.; 22
USC 1461 note.
22 USC 1464a
note.

TITLE XIV—UNITED STATES INTERNATIONAL
DEVELOPMENT COOPERATION AGENCY
CHAPTER 1—GENERAL PROVISIONS
SEC. 1401. EFFECTIVE DATE.

This title, and the amendments made by this title, shall take
effect on the earlier of—
(1) April 1, 1999; or
(2) the date of abolition of the United States International
Development Cooperation Agency pursuant to the reorganization plan described in section 1601.

22 USC 6561
note.

CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS
SEC. 1411. ABOLITION OF UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY.

22 USC 6561.

(a) IN GENERAL.—Except for the components specified in subsection (b), the United States International Development Cooperation Agency (including the Institute for Scientific and Technological
Cooperation) is abolished.
(b) AID AND OPIC EXEMPTED.—Subsection (a) does not apply
to the Agency for International Development or the Overseas Private Investment Corporation.
SEC. 1412. TRANSFER OF FUNCTIONS AND AUTHORITIES.

(a) ALLOCATION OF FUNDS.—
(1) ALLOCATION TO THE SECRETARY OF STATE.—Funds made
available under the categories of assistance deemed allocated
to the Director of the International Development Cooperation
Agency under section 1–801 of Executive Order No. 12163
(22 U.S.C. 2381 note) as of October 1, 1997, shall be allocated

22 USC 6562.

112 STAT. 2681–791

PUBLIC LAW 105–277—OCT. 21, 1998

to the Secretary of State on and after the effective date of
this title without further action by the President.
(2) PROCEDURES FOR REALLOCATIONS OR TRANSFERS.—The
Secretary of State may allocate or transfer as appropriate any
funds received under paragraph (1) in the same manner as
previously provided for the Director of the International
Development Cooperation Agency under section 1–802 of that
Executive Order, as in effect on October 1, 1997.
(b) WITH RESPECT TO THE OVERSEAS PRIVATE INVESTMENT CORPORATION.—There are transferred to the Administrator of the
Agency for International Development all functions of the Director
of the United States International Development Cooperation Agency
as of the day before the effective date of this title with respect
to the Overseas Private Investment Corporation.
(c) OTHER ACTIVITIES.—The authorities and functions transferred to the United States International Development Cooperation
Agency or the Director of that Agency by section 6 of Reorganization
Plan Numbered 2 of 1979 shall, to the extent such authorities
and functions have not been repealed, be transferred to those agencies or heads of agencies, as the case may be, in which those
authorities and functions were vested by statute as of the day
before the effective date of such reorganization plan.
22 USC 6563.

SEC. 1413. STATUS OF AID.

(a) IN GENERAL.—Unless abolished pursuant to the reorganization plan submitted under section 1601, and except as provided
in section 1412, there is within the Executive branch of Government
the United States Agency for International Development as an
entity described in section 104 of title 5, United States Code.
(b) RETENTION OF OFFICERS.—Nothing in this section shall
require the reappointment of any officer of the United States serving
in the Agency for International Development of the United States
International Development Cooperation Agency as of the day before
the effective date of this title.
CHAPTER 3—CONFORMING AMENDMENTS
22 USC 6571.

SEC. 1421. REFERENCES.

Except as otherwise provided in this subdivision, any reference
in any statute, reorganization plan, Executive order, regulation,
agreement, determination, or other official document or proceeding
to the United States International Development Cooperation Agency
(IDCA) or to the Director or any other officer or employee of IDCA—
(1) insofar as such reference relates to any function or
authority transferred under section 1412(a), shall be deemed
to refer to the Secretary of State;
(2) insofar as such reference relates to any function or
authority transferred under section 1412(b), shall be deemed
to refer to the Administrator of the Agency for International
Development;
(3) insofar as such reference relates to any function or
authority transferred under section 1412(c), shall be deemed
to refer to the head of the agency to which such function
or authority is transferred under such section; and
(4) insofar as such reference relates to any function or
authority not transferred by this title, shall be deemed to

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–792

refer to the President or such agency or agencies as may be
specified by Executive order.
SEC. 1422. CONFORMING AMENDMENTS.

(a) TERMINATION OF REORGANIZATION PLANS AND
TIONS.—The following shall cease to be effective:

DELEGA-

(1) Reorganization Plan Numbered 2 of 1979 (5 U.S.C.
App.).
(2) Section 1–101 through 1–103, sections 1–401 through
1–403, section 1–801(a), and such other provisions that relate
to the United States International Development Cooperation
Agency or the Director of IDCA, of Executive Order No. 12163
(22 U.S.C. 2381 note; relating to administration of foreign
assistance and related functions).
(3) The International Development Cooperation Agency
Delegation of Authority Numbered 1 (44 Fed. Reg. 57521),
except for section 1–6 of such Delegation of Authority.
(4) Section 3 of Executive Order No. 12884 (58 Fed. Reg.
64099; relating to the delegation of functions under the Freedom
for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992, the Foreign Assistance Act of 1961,
the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1993, and section 301 of title 3,
United States Code).
(b) OTHER STATUTORY AMENDMENTS AND REPEAL.—
(1) TITLE 5.—Section 7103(a)(2)(B)(iv) of title 5, United
States Code, is amended by striking ‘‘United States International Development Cooperation Agency’’ and inserting
‘‘Agency for International Development’’.
(2) INSPECTOR GENERAL ACT OF 1978.—Section 8A of the
Inspector General Act of 1978 (5 U.S.C. App. 3) is amended—
(A) in subsection (a)—
(i) by striking ‘‘Development’’ through ‘‘(1) shall’’
and inserting ‘‘Development shall’’;
(ii) by striking ‘‘; and’’ at the end of subsection
(a)(1) and inserting a period; and
(iii) by striking paragraph (2);
(B) by striking subsections (c) and (f); and
(C) by redesignating subsections (d), (e), (g), and (h)
as subsections (c), (d), (e), and (f), respectively.
(3) STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956.—
The State Department Basic Authorities Act of 1956 is
amended—
(A) in section 25(f) (22 U.S.C. 2697(f)), as amended
by this division, by striking ‘‘Director of the United States
International Development Cooperation Agency’’ and
inserting ‘‘Administrator of the Agency for International
Development’’;
(B) in section 26(b) (22 U.S.C. 2698(b)), as amended
by this divisionAct, by striking ‘‘Director of the United
States International Development Cooperation Agency’’ and
inserting ‘‘Administrator of the Agency for International
Development’’; and
(C) in section 32 (22 U.S.C. 2704), by striking ‘‘Director
of the United States International Development Cooperation Agency’’ and inserting ‘‘Administrator of the Agency
for International Development’’.

5 USC app.; 22
USC 2381 note.

22 USC 5812
note.

112 STAT. 2681–793

PUBLIC LAW 105–277—OCT. 21, 1998

(4) FOREIGN SERVICE ACT OF 1980.—The Foreign Service
Act of 1980 is amended—
(A) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by striking ‘‘Director of the United States International Development Cooperation Agency’’ and inserting ‘‘Administrator
of the Agency for International Development’’;
(B) in section 210 (22 U.S.C. 3930), by striking ‘‘United
States International Development Cooperation Agency’’ and
inserting ‘‘Agency for International Development’’;
(C) in section 1003(a) (22 U.S.C. 4103(a)), by striking
‘‘United States International Development Cooperation
Agency’’ and inserting ‘‘Agency for International Development’’; and
(D) in section 1101(c) (22 U.S.C. 4131(c)), by striking
‘‘United States International Development Cooperation
Agency’’ and inserting ‘‘Agency for International Development’’.
(5) REPEAL.—Section 413 of Public Law 96–53 (22 U.S.C.
3512) is repealed.
(6) TITLE 49.—Section 40118(d) of title 49, United States
Code, is amended by striking ‘‘the Director of the United States
International Development Cooperation Agency’’ and inserting
‘‘or the Administrator of the Agency for International Development’’.
(7) EXPORT ADMINISTRATION ACT OF 1979.—Section 2405(g)
of the Export Administration Act of 1979 (50 U.S.C. App.
2405(g)) is amended—
(A) by striking ‘‘Director of the United States International Development Cooperation Agency’’ each place it
appears and inserting ‘‘Administrator of the Agency for
International Development’’; and
(B) in the fourth sentence, by striking ‘‘Director’’ and
inserting ‘‘Administrator’’.
TITLE XV—AGENCY FOR INTERNATIONAL
DEVELOPMENT
CHAPTER 1—GENERAL PROVISIONS
22 USC 6581
note.

SEC. 1501. EFFECTIVE DATE.

This title, and the amendments made by this title, shall take
effect on the earlier of—
(1) April 1, 1999; or
(2) the date of reorganization of the Agency for International Development pursuant to the reorganization plan
described in section 1601.
CHAPTER 2—REORGANIZATION AND TRANSFER OF
FUNCTIONS

22 USC 6581.

SEC.

1511.

REORGANIZATION
DEVELOPMENT.

OF

AGENCY

FOR

INTERNATIONAL

(a) IN GENERAL.—The Agency for International Development
shall be reorganized in accordance with this subdivision and the
reorganization plan transmitted pursuant to section 1601.
(b) FUNCTIONS TO BE TRANSFERRED.—The reorganization of
the Agency for International Development shall provide, at a

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–794

minimum, for the transfer to and consolidation with the Department
of State of the following functions of AID:
(1) The Press office.
(2) Certain administrative functions.
CHAPTER 3—AUTHORITIES OF THE SECRETARY OF
STATE
SEC. 1521. DEFINITION OF UNITED STATES ASSISTANCE.

22 USC 6591.

In this chapter, the term ‘‘United States assistance’’ means
development and other economic assistance, including assistance
made available under the following provisions of law:
(1) Chapter 1 of part I of the Foreign Assistance Act of
1961 (relating to development assistance).
(2) Chapter 4 of part II of the Foreign Assistance Act
of 1961 (relating to the economic support fund).
(3) Chapter 10 of part I of the Foreign Assistance Act
of 1961 (relating to the Development Fund for Africa).
(4) Chapter 11 of part I of the Foreign Assistance Act
of 1961 (relating to assistance for the independent states of
the former Soviet Union).
(5) The Support for East European Democracy Act (22
U.S.C. 5401 et seq.).
SEC. 1522. ADMINISTRATOR OF AID REPORTING TO THE SECRETARY
OF STATE.

22 USC 6592.

The Administrator of the Agency for International Development, appointed pursuant to section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)), shall report to and be under
the direct authority and foreign policy guidance of the Secretary
of State.
SEC. 1523. ASSISTANCE PROGRAMS COORDINATION AND OVERSIGHT.

(a) AUTHORITY OF THE SECRETARY OF STATE.—
(1) IN GENERAL.—Under the direction of the President,
the Secretary of State shall coordinate all United States assistance in accordance with this section, except as provided in
paragraphs (2) and (3).
(2) EXPORT PROMOTION ACTIVITIES.—Coordination of activities relating to promotion of exports of United States goods
and services shall continue to be primarily the responsibility
of the Secretary of Commerce.
(3) INTERNATIONAL ECONOMIC ACTIVITIES.—Coordination of
activities relating to United States participation in international financial institutions and relating to organization of
multilateral efforts aimed at currency stabilization, currency
convertibility, debt reduction, and comprehensive economic
reform programs shall continue to be primarily the responsibility of the Secretary of the Treasury.
(4) AUTHORITIES AND POWERS OF THE SECRETARY OF
STATE.—The powers and authorities of the Secretary provided
in this chapter are in addition to the powers and authorities
provided to the Secretary under any other Act, including section
101(b) and section 622(c) of the Foreign Assistance Act of 1961
(22 U.S.C. 2151(b), 2382(c)).
(b) COORDINATION ACTIVITIES.—Coordination activities of the
Secretary of State under subsection (a) shall include—

22 USC 6593.

112 STAT. 2681–795

PUBLIC LAW 105–277—OCT. 21, 1998

(1) approving an overall assistance and economic cooperation strategy;
(2) ensuring program and policy coordination among agencies of the United States Government in carrying out the policies set forth in the Foreign Assistance Act of 1961, the Arms
Export Control Act, and other relevant assistance Acts;
(3) pursuing coordination with other countries and international organizations; and
(4) resolving policy, program, and funding disputes among
United States Government agencies.
(c) STATUTORY CONSTRUCTION.—Nothing in this section may
be construed to lessen the accountability of any Federal agency
administering any program, project, or activity of United States
assistance for any funds made available to the Federal agency
for that purpose.
(d) AUTHORITY TO PROVIDE PERSONNEL OF THE AGENCY FOR
INTERNATIONAL DEVELOPMENT.—The Administrator of the Agency
for International Development is authorized to detail to the Department of State on a nonreimbursable basis such personnel employed
by the Agency as the Secretary of State may require to carry
out this section.
TITLE XVI—TRANSITION
CHAPTER 1—REORGANIZATION PLAN
President.
22 USC 6601.

SEC. 1601. REORGANIZATION PLAN AND REPORT.

(a) SUBMISSION OF PLAN AND REPORT.—Not later than 60 days
after the date of the enactment of this Act, the President shall
transmit to the appropriate congressional committees a reorganization plan and report regarding—
(1) the abolition of the United States Arms Control and
Disarmament Agency, the United States Information Agency,
and the United States International Development Cooperation
Agency in accordance with this subdivision;
(2) with respect to the Agency for International Development, the consolidation and streamlining of the Agency and
the transfer of certain functions of the Agency to the Department in accordance with section 1511;
(3) the termination of functions of each covered agency
as may be necessary to effectuate the reorganization under
this subdivision, and the termination of the affairs of each
agency abolished under this subdivision;
(4) the transfer to the Department of the functions and
personnel of each covered agency consistent with the provisions
of this subdivision; and
(5) the consolidation, reorganization, and streamlining of
the Department in connection with the transfer of such functions and personnel in order to carry out such functions.
(b) COVERED AGENCIES.—The agencies covered by this section
are the following:
(1) The United States Arms Control and Disarmament
Agency.
(2) The United States Information Agency.
(3) The United States International Development Cooperation Agency.
(4) The Agency for International Development.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–796

(c) PLAN ELEMENTS.—The plan transmitted under subsection
(a) shall contain, consistent with this subdivision, such elements
as the President deems appropriate, including elements that—
(1) identify the functions of each covered agency that will
be transferred to the Department under the plan;
(2) specify the steps to be taken by the Secretary of State
to reorganize internally the functions of the Department, including the consolidation of offices and functions, that will be
required under the plan in order to permit the Department
to carry out the functions transferred to it under the plan;
(3) specify the funds available to each covered agency that
will be transferred to the Department as a result of the transfer
of functions of such agency to the Department;
(4) specify the proposed allocations within the Department
of unexpended funds transferred in connection with the transfer
of functions under the plan; and
(5) specify the proposed disposition of the property, facilities, contracts, records, and other assets and liabilities of each
covered agency in connection with the transfer of the functions
of such agency to the Department.
(d) REORGANIZATION PLAN OF AGENCY FOR INTERNATIONAL
DEVELOPMENT.—In addition to applicable provisions of subsection
(c), the reorganization plan transmitted under this section for the
Agency for International Development—
(1) may provide for the abolition of the Agency for International Development and the transfer of all its functions to
the Department of State; or
(2) in lieu of the abolition and transfer of functions under
paragraph (1)—
(A) shall provide for the transfer to and consolidation
within the Department of the functions set forth in section
1511; and
(B) may provide for additional consolidation, reorganization, and streamlining of AID, including—
(i) the termination of functions and reductions in
personnel of AID;
(ii) the transfer of functions of AID, and the personnel associated with such functions, to the Department;
and
(iii) the consolidation, reorganization, and streamlining of the Department upon the transfer of such
functions and personnel in order to carry out the functions transferred.
(e) MODIFICATION OF PLAN.—The President may, on the basis
of consultations with the appropriate congressional committees,
modify or revise any part of the plan transmitted under subsection
(a) until that part of the plan becomes effective in accordance
with subsection (g).
(f) REPORT.—The report accompanying the reorganization plan
for the Department and the covered agencies submitted pursuant
to this section shall describe the implementation of the plan and
shall include—
(1) a detailed description of—
(A) the actions necessary or planned to complete the
reorganization,
(B) the anticipated nature and substance of any orders,
directives, and other administrative and operational actions

112 STAT. 2681–797

Federal Register,
publication.

Applicability.
Federal Register,
publication.

PUBLIC LAW 105–277—OCT. 21, 1998

which are expected to be required for completing or
implementing the reorganization, and
(C) any preliminary actions which have been taken
in the implementation process;
(2) the number of personnel and positions of each covered
agency (including civil service personnel, Foreign Service
personnel, and detailees) that are expected to be transferred
to the Department, separated from service with such agency,
or eliminated under the plan, and a projected schedule for
such transfers, separations, and terminations;
(3) the number of personnel and positions of the Department (including civil service personnel, Foreign Service personnel, and detailees) that are expected to be transferred within
the Department, separated from service with the Department,
or eliminated under the plan, and a projected schedule for
such transfers, separations, and terminations;
(4) a projected schedule for completion of the implementation process; and
(5) recommendations, if any, for legislation necessary to
carry out changes made by this subdivision relating to personnel and to incidental transfers.
(g) EFFECTIVE DATE.—
(1) IN GENERAL.—The reorganization plan described in this
section, including any modifications or revisions of the plan
under subsection (e), shall become effective on the earlier of
the date for the respective covered agency specified in paragraph (2) or the date announced by the President under paragraph (3).
(2) STATUTORY EFFECTIVE DATES.—The effective dates
under this paragraph for the reorganization plan described
in this section are the following:
(A) April 1, 1999, with respect to functions of the
Agency for International Development described in section
1511.
(B) April 1, 1999, with respect to the abolition of the
United States Arms Control and Disarmament Agency and
the United States International Development Cooperation
Agency.
(C) October 1, 1999, with respect to the abolition of
the United States Information Agency.
(3) EFFECTIVE DATE BY PRESIDENTIAL DETERMINATION.—
An effective date under this paragraph for a reorganization
plan described in this section is such date as the President
shall determine to be appropriate and announce by notice published in the Federal Register, which date may be not earlier
than 90 calendar days after the President has transmitted
the reorganization plan to the appropriate congressional
committees pursuant to subsection (a).
(4) STATUTORY CONSTRUCTION.—Nothing in this subsection
may be construed to require the transfer of functions, personnel,
records, balance of appropriations, or other assets of a covered
agency on a single date.
(5) SUPERSEDES EXISTING LAW.—Paragraph (1) shall apply
notwithstanding section 905(b) of title 5, United States Code.
(h) PUBLICATION.—The reorganization plan described in this
section shall be printed in the Federal Register after the date
upon which it first becomes effective.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–798

CHAPTER 2—REORGANIZATION AUTHORITY
SEC. 1611. REORGANIZATION AUTHORITY.

22 USC 6611.

(a) IN GENERAL.—The Secretary is authorized, subject to the
requirements of this subdivision, to allocate or reallocate any function transferred to the Department under any title of this subdivision, and to establish, consolidate, alter, or discontinue such
organizational entities within the Department as may be necessary
or appropriate to carry out any reorganization under this subdivision, but this subsection does not authorize the Secretary to modify
the terms of any statute that establishes or defines the functions
of any bureau, office, or officer of the Department.
(b) REQUIREMENTS AND LIMITATIONS ON REORGANIZATION
PLAN.—The reorganization plan transmitted under section 1601
may not have the effect of—
(1) creating a new executive department;
(2) continuing a function beyond the period authorized
by law for its exercise or beyond the time when it would
have terminated if the reorganization had not been made;
(3) authorizing a Federal agency to exercise a function
which is not authorized by law at the time the plan is transmitted to Congress;
(4) creating a new Federal agency which is not a component
or part of an existing executive department or independent
agency; or
(5) increasing the term of an office beyond that provided
by law for the office.
SEC. 1612. TRANSFER AND ALLOCATION OF APPROPRIATIONS.

(a) IN GENERAL.—Except as otherwise provided in this subdivision, the assets, liabilities (including contingent liabilities arising
from suits continued with a substitution or addition of parties
under section 1615(e)), contracts, property, records, and unexpended
balance of appropriations, authorizations, allocations, and other
funds employed, held, used, arising from, available to, or to be
made available in connection with the functions and offices, or
portions thereof, transferred by any title of this subdivision shall
be transferred to the Secretary for appropriate allocation.
(b) LIMITATION ON USE OF TRANSFERRED FUNDS.—Except as
provided in subsection (c), unexpended and unobligated funds transferred pursuant to any title of this subdivision shall be used only
for the purposes for which the funds were originally authorized
and appropriated.
(c) FUNDS TO FACILITATE TRANSITION.—
(1) CONGRESSIONAL NOTIFICATION.—Funds transferred
pursuant to subsection (a) may be available for the purposes
of reorganization subject to notification of the appropriate
congressional committees in accordance with the procedures
applicable to a reprogramming of funds under section 34 of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2706).
(2) TRANSFER AUTHORITY.—Funds in any account appropriated to the Department of State may be transferred to
another such account for the purposes of reorganization, subject
to notification of the appropriate congressional committees in
accordance with the procedures applicable to a reprogramming
of funds under section 34 of the State Department Basic

22 USC 6612.

112 STAT. 2681–799

PUBLIC LAW 105–277—OCT. 21, 1998

Authorities Act of 1956 (22 U.S.C. 2706). The authority in
this paragraph is in addition to any other transfer authority
available to the Secretary of State and shall expire September
30, 2000.
22 USC 6613.

SEC. 1613. TRANSFER, APPOINTMENT, AND ASSIGNMENT OF PERSONNEL.

(a) TRANSFER OF PERSONNEL FROM ACDA AND USIA.—Except
as otherwise provided in title XIII—
(1) not later than the date of abolition of ACDA, all personnel and positions of ACDA, and
(2) not later than the date of abolition of USIA, all personnel and positions of USIA,
shall be transferred to the Department of State at the same grade
or class and the same rate of basic pay or basic salary rate and
with the same tenure held immediately preceding transfer.
(b) TRANSFER OF PERSONNEL FROM AID.—Except as otherwise
provided in title XIII, not later than the date of transfer of any
function of AID to the Department of State under this subdivision,
all AID personnel performing such functions and all positions associated with such functions shall be transferred to the Department
of State at the same grade or class and the same rate of basic
pay or basic salary rate and with the same tenure held immediately
preceding transfer.
(c) ASSIGNMENT AUTHORITY.—The Secretary, for a period of
not more than 6 months commencing on the effective date of the
transfer to the Department of State of personnel under subsections
(a) and (b), is authorized to assign such personnel to any position
or set of duties in the Department of State regardless of the position
held or duties performed by such personnel prior to transfer, except
that, by virtue of such assignment, such personnel shall not have
their grade or class or their rate of basic pay or basic salary
rate reduced, nor their tenure changed. The Secretary shall consult
with the relevant exclusive representatives (as defined in section
1002 of the Foreign Service Act and in section 7103 of title 5,
United States Code) with regard to the exercise of this authority.
This subsection does not authorize the Secretary to assign any
individual to any position that by law requires appointment by
the President, by and with the advice and consent of the Senate.
(d) SUPERSEDING OTHER PROVISIONS OF LAW.—Subsections (a)
through (c) shall be exercised notwithstanding any other provision
of law.
22 USC 6614.

SEC. 1614. INCIDENTAL TRANSFERS.

The Director of the Office of Management and Budget, when
requested by the Secretary, is authorized to make such incidental
dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available
to, or to be made available in connection with such functions,
as may be necessary to carry out the provisions of any title of
this subdivision. The Director of the Office of Management and
Budget, in consultation with the Secretary, shall provide for the
termination of the affairs of all entities terminated by this subdivision and for such further measures and dispositions as may be
necessary to effectuate the purposes of any title of this subdivision.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–800

SEC. 1615. SAVINGS PROVISIONS.

(a) CONTINUING LEGAL FORCE AND EFFECT.—All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other
administrative actions—
(1) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or official
thereof, or by a court of competent jurisdiction, in the performance of functions that are transferred under any title of this
subdivision; and
(2) that are in effect as of the effective date of such title,
or were final before the effective date of such title and are
to become effective on or after the effective date of such title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with
law by the President, the Secretary, or other authorized official,
a court of competent jurisdiction, or by operation of law.
(b) PENDING PROCEEDINGS.—
(1) IN GENERAL.—The provisions of any title of this subdivision shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit,
certificate, or financial assistance pending on the effective date
of any title of this subdivision before any Federal agency,
commission, or component thereof, functions of which are transferred by any title of this subdivision. Such proceedings and
applications, to the extent that they relate to functions so
transferred, shall be continued.
(2) ORDERS, APPEALS, PAYMENTS.—Orders shall be issued
in such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this
subdivision had not been enacted. Orders issued in any such
proceedings shall continue in effect until modified, terminated,
superseded, or revoked by the Secretary, by a court of competent
jurisdiction, or by operation of law.
(3) STATUTORY CONSTRUCTION.—Nothing in this subdivision
shall be deemed to prohibit the discontinuance or modification
of any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have been
discontinued or modified if this subdivision had not been
enacted.
(4) REGULATIONS.—The Secretary is authorized to promulgate regulations providing for the orderly transfer of proceedings continued under this subsection to the Department.
(c) NO EFFECT ON JUDICIAL OR ADMINISTRATIVE PROCEEDINGS.—Except as provided in subsection (e) and section 1327(d)—
(1) the provisions of this subdivision shall not affect suits
commenced prior to the effective dates of the respective titles
of this subdivision; and
(2) in all such suits, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and effect
as if this subdivision had not been enacted.
(d) NONABATEMENT OF PROCEEDINGS.—No suit, action, or other
proceeding commenced by or against any officer in the official
capacity of such individual as an officer of any Federal agency,
or any commission or component thereof, functions of which are
transferred by any title of this subdivision, shall abate by reason
of the enactment of this subdivision. No cause of action by or

22 USC 6615.

112 STAT. 2681–801

PUBLIC LAW 105–277—OCT. 21, 1998

against any Federal agency, or any commission or component
thereof, functions of which are transferred by any title of this
subdivision, or by or against any officer thereof in the official
capacity of such officer shall abate by reason of the enactment
of this subdivision.
(e) CONTINUATION OF PROCEEDING WITH SUBSTITUTION OF PARTIES.—If, before the effective date of any title of this subdivision,
any Federal agency, or officer thereof in the official capacity of
such officer, is a party to a suit, and under this subdivision any
function of such department, agency, or officer is transferred to
the Secretary or any other official of the Department, then effective
on such date such suit shall be continued with the Secretary or
other appropriate official of the Department substituted or added
as a party.
(f) REVIEWABILITY OF ORDERS AND ACTIONS UNDER TRANSFERRED FUNCTIONS.—Orders and actions of the Secretary in the
exercise of functions transferred under any title of this subdivision
shall be subject to judicial review to the same extent and in the
same manner as if such orders and actions had been by the Federal
agency or office, or part thereof, exercising such functions immediately preceding their transfer. Any statutory requirements relating to notice, hearings, action upon the record, or administrative
review that apply to any function transferred by any title of this
subdivision shall apply to the exercise of such function by the
Secretary.
22 USC 6616.

SEC. 1616. AUTHORITY OF SECRETARY OF STATE TO FACILITATE
TRANSITION.

Notwithstanding any provision of this subdivision, the Secretary of State, with the concurrence of the head of the appropriate
Federal agency exercising functions transferred under this subdivision, may transfer the whole or part of such functions prior to
the effective dates established in this subdivision, including the
transfer of personnel and funds associated with such functions.
President.
22 USC 6617.

SEC. 1617. FINAL REPORT.

Foreign Relations
Authorization
Act, Fiscal Years
1998 and 1999.
22 USC 2651
note.

SUBDIVISION B—FOREIGN RELATIONS AUTHORIZATION

Not later than January 1, 2001, the President, in consultation
with the Secretary of the Treasury and the Director of the Office
of Management and Budget, shall submit to the appropriate
congressional committees a report which provides a final accounting
of the finances and operations of the agencies abolished under
this subdivision.

TITLE XX—GENERAL PROVISIONS
SEC. 2001. SHORT TITLE.

This subdivision may be cited as the ‘‘Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999’’.
SEC. 2002. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.

In this subdivision, the term ‘‘appropriate congressional
committees’’ means the Committee on International Relations of
the House of Representatives and the Committee on Foreign Relations of the Senate.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–802

TITLE XXI—AUTHORIZATION OF APPROPRIATIONS FOR
DEPARTMENT OF STATE
SEC. 2101. ADMINISTRATION OF FOREIGN AFFAIRS.

The following amounts are authorized to be appropriated for
the Department of State under ‘‘Administration of Foreign Affairs’’
to carry out the authorities, functions, duties, and responsibilities
in the conduct of the foreign affairs of the United States and
for other purposes authorized by law, including the diplomatic
security program:
(1) DIPLOMATIC AND CONSULAR PROGRAMS.—For ‘‘Diplomatic and Consular Programs’’, of the Department of State
$1,730,000,000 for the fiscal year 1998 and $1,644,300,000 for
the fiscal year 1999.
(2) SALARIES AND EXPENSES.—
(A) AUTHORIZATION OF APPROPRIATIONS.—For ‘‘Salaries
and Expenses’’, of the Department of State $363,513,000
for the fiscal year 1998 and $355,000,000 for the fiscal
year 1999.
(B) LIMITATIONS.—Of the amounts authorized to be
appropriated by subparagraph (A), $2,000,000 for fiscal
year 1998 and $2,000,000 for the fiscal year 1999 are
authorized to be appropriated only for the recruitment
of minorities for careers in the Foreign Service and international affairs.
(3) CAPITAL INVESTMENT FUND.—For ‘‘Capital Investment
Fund’’, of the Department of State $86,000,000 for the fiscal
year 1998 and $80,000,000 for the fiscal year 1999.
(4) SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS.—For ‘‘Security and Maintenance of United States Missions’’, $404,000,000 for the fiscal year 1998 and $403,561,000
for the fiscal year 1999.
(5) REPRESENTATION ALLOWANCES.—For ‘‘Representation
Allowances’’, $4,200,000 for the fiscal year 1998 and $4,350,000
for the fiscal year 1999.
(6) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE.—For ‘‘Emergencies in the Diplomatic and Consular Service’’, $5,500,000 for the fiscal year 1998 and $5,500,000 for
the fiscal year 1999.
(7) OFFICE OF THE INSPECTOR GENERAL.—For ‘‘Office of
the Inspector General’’, $27,495,000 for the fiscal year 1998
and $27,495,000 for the fiscal year 1999.
(8) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN.—
For ‘‘Payment to the American Institute in Taiwan’’,
$14,000,000 for the fiscal year 1998 and $14,750,000 for the
fiscal year 1999.
(9) PROTECTION OF FOREIGN MISSIONS AND OFFICIALS.—(A)
For ‘‘Protection of Foreign Missions and Officials’’, $7,900,000
for the fiscal year 1998 and $8,100,000 for the fiscal year
1999.
(B) Each amount appropriated pursuant to this paragraph
is authorized to remain available through September 30 of
the fiscal year following the fiscal year for which the amount
appropriated was made.
(10) REPATRIATION LOANS.—For ‘‘Repatriation Loans’’,
$1,200,000 for the fiscal year 1998 and $1,200,000 for the
fiscal year 1999, for administrative expenses.

112 STAT. 2681–803

PUBLIC LAW 105–277—OCT. 21, 1998

SEC. 2102. INTERNATIONAL COMMISSIONS.

The following amounts are authorized to be appropriated under
‘‘International Commissions’’ for the Department of State to carry
out the authorities, functions, duties, and responsibilities in the
conduct of the foreign affairs of the United States and for other
purposes authorized by law:
(1) INTERNATIONAL BOUNDARY AND WATER COMMISSION,
UNITED STATES AND MEXICO.—For ‘‘International Boundary and
Water Commission, United States and Mexico’’—
(A) for ‘‘Salaries and Expenses’’ $17,490,000 for the
fiscal year 1998 and $19,551,000 for the fiscal year 1999;
and
(B) for ‘‘Construction’’ $6,463,000 for the fiscal year
1998 and $6,463,000 for the fiscal year 1999.
(2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES
AND CANADA.—For ‘‘International Boundary Commission,
United States and Canada’’, $761,000 for the fiscal year 1998
and $761,000 for the fiscal year 1999.
(3) INTERNATIONAL JOINT COMMISSION.—For ‘‘International
Joint Commission’’, $3,189,000 for the fiscal year 1998 and
$3,432,000 for the fiscal year 1999.
(4) INTERNATIONAL FISHERIES COMMISSIONS.—For ‘‘International Fisheries Commissions’’, $14,549,000 for the fiscal year
1998 and $14,549,000 for the fiscal year 1999.
SEC. 2103. GRANTS TO THE ASIA FOUNDATION.
22 USC 4403.

Section 404 of The Asia Foundation Act (title IV of Public
Law 98–164) is amended to read as follows:
‘‘SEC. 404. There are authorized to be appropriated to the
Secretary of State $10,000,000 for each of the fiscal years 1998
and 1999 for grants to The Asia Foundation pursuant to this
title.’’.
SEC.

2104.

VOLUNTARY CONTRIBUTIONS
ORGANIZATIONS.

TO

INTERNATIONAL

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for ‘‘Voluntary Contributions to International
Organizations’’, $194,500,000 for the fiscal year 1998 and
$214,000,000 for the fiscal year 1999.
(b) LIMITATIONS.—
(1) WORLD FOOD PROGRAM.—Of the amounts authorized
to be appropriated under subsection (a), $4,000,000 for the
fiscal year 1998 and $2,000,000 for the fiscal year 1999 are
authorized to be appropriated only for a United States contribution to the World Food Program.
(2) UNITED NATIONS VOLUNTARY FUND FOR VICTIMS OF TORTURE.—Of the amount authorized to be appropriated under
subsection (a), $3,000,000 for the fiscal year 1998 and
$3,000,000 for the fiscal year 1999 are authorized to be appropriated only for a United States contribution to the United
Nations Voluntary Fund for Victims of Torture.
(3) INTERNATIONAL PROGRAM ON THE ELIMINATION OF CHILD
LABOR.—Of the amounts authorized to be appropriated under
subsection (a), $5,000,000 for the fiscal year 1998 and
$5,000,000 for the fiscal year 1999 are authorized to be appropriated only for a United States contribution to the

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–804

International Labor Organization for the activities of the International Program on the Elimination of Child Labor.
(c) AVAILABILITY OF FUNDS.—Amounts authorized to be appropriated under subsection (a) are authorized to remain available
until expended.
SEC. 2105. VOLUNTARY CONTRIBUTIONS TO PEACEKEEPING OPERATIONS.

There are authorized to be appropriated for ‘‘Peacekeeping
Operations’’, $77,500,000 for the fiscal year 1998 and $83,000,000
for the fiscal year 1999 for the Department of State to carry out
section 551 of Public Law 87–195.
SEC. 2106. LIMITATION ON UNITED STATES VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS DEVELOPMENT PROGRAM.

(a) LIMITATION.—Of the amounts made available for fiscal years
1998 and 1999 for United States voluntary contributions to the
United Nations Development Program an amount equal to the
amount the United Nations Development Program will spend in
Burma during each fiscal year shall be withheld unless during
such fiscal year the President submits to the appropriate congressional committees the certification described in subsection (b).
(b) CERTIFICATION.—The certification referred to in subsection
(a) is a certification by the President that all programs and activities
of the United Nations Development Program (including United
Nations Development Program—Administered Funds) in Burma—
(1) are focused on eliminating human suffering and
addressing the needs of the poor;
(2) are undertaken only through international or private
voluntary organizations that have been deemed independent
of the State Law and Order Restoration Council (SLORC),
after consultation with the leadership of the National League
for Democracy and the leadership of the National Coalition
Government of the Union of Burma;
(3) provide no financial, political, or military benefit to
the SLORC; and
(4) are carried out only after consultation with the leadership of the National League for Democracy and the leadership
of the National Coalition Government of the Union of Burma.
TITLE XXII—DEPARTMENT OF STATE AUTHORITIES AND
ACTIVITIES
CHAPTER 1—AUTHORITIES AND ACTIVITIES
SEC. 2201. REIMBURSEMENT OF DEPARTMENT OF STATE FOR ASSISTANCE TO OVERSEAS EDUCATIONAL FACILITIES.

Section 29 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2701) is amended by adding at the end the following: ‘‘Notwithstanding any other provision of law, where the child
of a United States citizen employee of an agency of the United
States Government who is stationed outside the United States
attends an educational facility assisted by the Secretary of State
under this section, the head of that agency is authorized to
reimburse, or credit with advance payment, the Department of
State for funds used in providing assistance to such educational
facilities, by grant or otherwise, under this section.’’.

President.

112 STAT. 2681–805

PUBLIC LAW 105–277—OCT. 21, 1998

SEC. 2202. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.

Section 36 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708) is amended to read as follows:
22 USC 2708.

‘‘SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.

‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There is established a program for the
payment of rewards to carry out the purposes of this section.
‘‘(2) PURPOSE.—The rewards program shall be designed
to assist in the prevention of acts of international terrorism,
international narcotics trafficking, and other related criminal
acts.
‘‘(3) IMPLEMENTATION.—The rewards program shall be
administered by the Secretary of State, in consultation, as
appropriate, with the Attorney General.
‘‘(b) REWARDS AUTHORIZED.—In the sole discretion of the Secretary (except as provided in subsection (c)(2)) and in consultation,
as appropriate, with the Attorney General, the Secretary may pay
a reward to any individual who furnishes information leading to—
‘‘(1) the arrest or conviction in any country of any individual
for the commission of an act of international terrorism against
a United States person or United States property;
‘‘(2) the arrest or conviction in any country of any individual
conspiring or attempting to commit an act of international
terrorism against a United States person or United States
property;
‘‘(3) the arrest or conviction in any country of any individual
for committing, primarily outside the territorial jurisdiction
of the United States, any narcotics-related offense if that offense
involves or is a significant part of conduct that involves—
‘‘(A) a violation of United States narcotics laws such
that the individual would be a major violator of such laws;
‘‘(B) the killing or kidnapping of—
‘‘(i) any officer, employee, or contract employee
of the United States Government while such individual
is engaged in official duties, or on account of that
individual’s official duties, in connection with the
enforcement of United States narcotics laws or the
implementing of United States narcotics control objectives; or
‘‘(ii) a member of the immediate family of any
such individual on account of that individual’s official
duties, in connection with the enforcement of United
States narcotics laws or the implementing of United
States narcotics control objectives; or
‘‘(C) an attempt or conspiracy to commit any act
described in subparagraph (A) or (B);
‘‘(4) the arrest or conviction in any country of any individual
aiding or abetting in the commission of an act described in
paragraph (1), (2), or (3); or
‘‘(5) the prevention, frustration, or favorable resolution of
an act described in paragraph (1), (2), or (3).
‘‘(c) COORDINATION.—
‘‘(1) PROCEDURES.—To ensure that the payment of rewards
pursuant to this section does not duplicate or interfere with
the payment of informants or the obtaining of evidence or
information, as authorized to the Department of Justice, the

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–806

offering, administration, and payment of rewards under this
section, including procedures for—
‘‘(A) identifying individuals, organizations, and offenses
with respect to which rewards will be offered;
‘‘(B) the publication of rewards;
‘‘(C) the offering of joint rewards with foreign governments;
‘‘(D) the receipt and analysis of data; and
‘‘(E) the payment and approval of payment, shall be
governed by procedures developed by the Secretary of State,
in consultation with the Attorney General.
‘‘(2) PRIOR APPROVAL OF ATTORNEY GENERAL REQUIRED.—
Before making a reward under this section in a matter over
which there is Federal criminal jurisdiction, the Secretary of
State shall obtain the concurrence of the Attorney General.
‘‘(d) FUNDING.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—Notwithstanding
section 102 of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (Public Law 99–93; 99 Stat. 408), but
subject to paragraph (2), there are authorized to be appropriated to the Department of State from time to time such
amounts as may be necessary to carry out this section.
‘‘(2) LIMITATION.—No amount of funds may be appropriated
under paragraph (1) which, when added to the unobligated
balance of amounts previously appropriated to carry out this
section, would cause such amounts to exceed $15,000,000.
‘‘(3) ALLOCATION OF FUNDS.—To the maximum extent practicable, funds made available to carry out this section should
be distributed equally for the purpose of preventing acts of
international terrorism and for the purpose of preventing international narcotics trafficking.
‘‘(4) PERIOD OF AVAILABILITY.—Amounts appropriated under
paragraph (1) shall remain available until expended.
‘‘(e) LIMITATIONS AND CERTIFICATION.—
‘‘(1) MAXIMUM AMOUNT.—No reward paid under this section
may exceed $2,000,000.
‘‘(2) APPROVAL.—A reward under this section of more than
$100,000 may not be made without the approval of the Secretary.
‘‘(3) CERTIFICATION FOR PAYMENT.—Any reward granted
under this section shall be approved and certified for payment
by the Secretary.
‘‘(4) NONDELEGATION OF AUTHORITY.—The authority to
approve rewards of more than $100,000 set forth in paragraph
(2) may not be delegated.
‘‘(5) PROTECTION MEASURES.—If the Secretary determines
that the identity of the recipient of a reward or of the members
of the recipient’s immediate family must be protected, the Secretary may take such measures in connection with the payment
of the reward as he considers necessary to effect such protection.
‘‘(f) INELIGIBILITY.—An officer or employee of any entity of
Federal, State, or local government or of a foreign government
who, while in the performance of his or her official duties, furnishes
information described in subsection (b) shall not be eligible for
a reward under this section.
‘‘(g) REPORTS.—

112 STAT. 2681–807

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(1) REPORTS ON PAYMENT OF REWARDS.—Not later than
30 days after the payment of any reward under this section,
the Secretary shall submit a report to the appropriate congressional committees with respect to such reward. The report,
which may be submitted in classified form if necessary, shall
specify the amount of the reward paid, to whom the reward
was paid, and the acts with respect to which the reward was
paid. The report shall also discuss the significance of the
information for which the reward was paid in dealing with
those acts.
‘‘(2) ANNUAL REPORTS.—Not later than 60 days after the
end of each fiscal year, the Secretary shall submit a report
to the appropriate congressional committees with respect to
the operation of the rewards program. The report shall provide
information on the total amounts expended during the fiscal
year ending in that year to carry out this section, including
amounts expended to publicize the availability of rewards.
‘‘(h) PUBLICATION REGARDING REWARDS OFFERED BY FOREIGN
GOVERNMENTS.—Notwithstanding any other provision of this section, in the sole discretion of the Secretary, the resources of the
rewards program shall be available for the publication of rewards
offered by foreign governments regarding acts of international
terrorism which do not involve United States persons or property
or a violation of the narcotics laws of the United States.
‘‘(i) DETERMINATIONS OF THE SECRETARY.—A determination
made by the Secretary under this section shall be final and conclusive and shall not be subject to judicial review.
‘‘(j) DEFINITIONS.—As used in this section:
‘‘(1) ACT OF INTERNATIONAL TERRORISM.—The term ‘act of
international terrorism’ includes—
‘‘(A) any act substantially contributing to the acquisition of unsafeguarded special nuclear material (as defined
in paragraph (8) of section 830 of the Nuclear Proliferation
Prevention Act of 1994 (22 U.S.C. 3201 note)) or any
nuclear explosive device (as defined in paragraph (4) of
that section) by an individual, group, or non-nuclearweapon state (as defined in paragraph (5) of that section);
and
‘‘(B) any act, as determined by the Secretary, which
materially supports the conduct of international terrorism,
including the counterfeiting of United States currency or
the illegal use of other monetary instruments by an individual, group, or country supporting international terrorism
as determined for purposes of section 6(j)(1)(A) of the
Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)(A)).
‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate congressional committees’ means the Committee
on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate.
‘‘(3) MEMBER OF THE IMMEDIATE FAMILY.—The term ‘member of the immediate family’, with respect to an individual,
includes—
‘‘(A) a spouse, parent, brother, sister, or child of the
individual;
‘‘(B) a person with respect to whom the individual
stands in loco parentis; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–808

‘‘(C) any person not covered by subparagraph (A) or
(B) who is living in the individual’s household and is related
to the individual by blood or marriage.
‘‘(4) REWARDS PROGRAM.—The term ‘rewards program’
means the program established in subsection (a)(1).
‘‘(5) UNITED STATES NARCOTICS LAWS.—The term ‘United
States narcotics laws’ means the laws of the United States
for the prevention and control of illicit trafficking in controlled
substances (as such term is defined in section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6))).
‘‘(6) UNITED STATES PERSON.—The term ‘United States person’ means—
‘‘(A) a citizen or national of the United States; and
‘‘(B) an alien lawfully present in the United States.’’.
SEC. 2203. RETENTION OF ADDITIONAL DEFENSE TRADE CONTROLS
REGISTRATION FEES.

Section 45(a) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2717(a)) is amended—
(1) at the end of paragraph (1), by striking ‘‘and’’;
(2) in paragraph (2)—
(A) by striking ‘‘functions’’ and inserting ‘‘functions,
including compliance and enforcement activities,’’; and
(B) by striking the period at the end and inserting
‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) the enhancement of defense trade export compliance
and enforcement activities, including compliance audits of
United States and foreign parties, the conduct of administrative
proceedings, monitoring of end-uses in cases of direct commercial arms sales or other transfers, and cooperation in proceedings for enforcement of criminal laws related to defense trade
export controls.’’.
SEC. 2204. FEES FOR COMMERCIAL SERVICES.

Section 52(b) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2724(b)) is amended by adding at the end
the following: ‘‘Funds deposited under this subsection shall remain
available for obligation through September 30 of the fiscal year
following the fiscal year in which the funds were deposited.’’.
SEC. 2205. PILOT PROGRAM FOR FOREIGN AFFAIRS REIMBURSEMENT.

(a) FOREIGN AFFAIRS REIMBURSEMENT.—
(1) IN GENERAL.—Section 701 of the Foreign Service Act
of 1980 (22 U.S.C. 4021) is amended—
(A) by redesignating subsection (d)(4) as subsection
(g); and
(B) by inserting after subsection (d) the following new
subsections:
‘‘(e)(1) The Secretary may provide appropriate training or
related services, except foreign language training, through the
institution to any United States person (or any employee or family
member thereof) that is engaged in business abroad.
‘‘(2) The Secretary may provide job-related training or related
services, including foreign language training, through the institution to a United States person under contract to provide services
to the United States Government or to any employee thereof that
is performing such services.

112 STAT. 2681–809

22 USC 4021
note.

22 USC 2725.

22 USC 2725
note.

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(3) Training under this subsection may be provided only to
the extent that space is available and only on a reimbursable
or advance-of-funds basis. Reimbursements and advances shall be
credited to the currently available applicable appropriation account.
‘‘(4) Training and related services under this subsection is
authorized only to the extent that it will not interfere with the
institution’s primary mission of training employees of the Department and of other agencies in the field of foreign relations.
‘‘(5) In this subsection, the term ‘United States person’ means—
‘‘(A) any individual who is a citizen or national of the
United States; or
‘‘(B) any corporation, company, partnership, association,
or other legal entity that is 50 percent or more beneficially
owned by citizens or nationals of the United States.
‘‘(f)(1) The Secretary is authorized to provide, on a reimbursable
basis, training programs to Members of Congress or the Judiciary.
‘‘(2) Employees of the legislative branch and employees of the
judicial branch may participate, on a reimbursable basis, in training
programs offered by the institution.
‘‘(3) Reimbursements collected under this subsection shall be
credited to the currently available applicable appropriation account.
‘‘(4) Training under this subsection is authorized only to the
extent that it will not interfere with the institution’s primary mission of training employees of the Department and of other agencies
in the field of foreign relations.’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on October 1, 1998.
(3) TERMINATION OF PILOT PROGRAM.—Effective October 1,
2002, section 701 of the Foreign Service Act of 1980 (22 U.S.C.
4021), as amended by this subsection, is further amended—
(A) by striking subsections (e) and (f); and
(B) by redesignating subsection (g) as paragraph (4)
of subsection (d).
(b) FEES FOR USE OF NATIONAL FOREIGN AFFAIRS TRAINING
CENTER.—Title I of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at the
end the following new section:
‘‘SEC. 53. FEES FOR USE OF THE NATIONAL FOREIGN AFFAIRS TRAINING CENTER.

‘‘The Secretary is authorized to charge a fee for use of the
National Foreign Affairs Training Center of the Department of
State. Amounts collected under this section (including reimbursements and surcharges) shall be deposited as an offsetting collection
to any Department of State appropriation to recover the costs
of such use and shall remain available for obligation until
expended.’’.
(c) REPORTING ON PILOT PROGRAM.—Two years after the date
of enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees containing—
(1) the number of persons who have taken advantage of
the pilot program established under subsections (e) and (f)
of section 701 of the Foreign Service Act of 1980 and section
53 of the State Department Basic Authorities Act of 1956,
as added by this section;
(2) the business or government affiliation of such persons;
(3) the amount of fees collected; and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–810

(4) the impact of the program on the primary mission
of the National Foreign Affairs Training Center.
SEC. 2206. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.

Title I of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a et seq.), as amended by this division, is further
amended by adding at the end the following new section:
‘‘SEC. 54. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.

22 USC 2726.

‘‘The Secretary is authorized to charge a fee for use of the
diplomatic reception rooms of the Department of State. Amounts
collected under this section (including reimbursements and surcharges) shall be deposited as an offsetting collection to any Department of State appropriation to recover the costs of such use and
shall remain available for obligation until expended.’’.
SEC. 2207. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION
DOCUMENTS.

Title I of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a et seq.), as amended by this division, is further
amended by adding at the end the following new section:
‘‘SEC. 55. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION
DOCUMENTS.

‘‘The Secretary shall include in the annual Congressional
Presentation Document and the Budget in Brief a detailed accounting of the total collections received by the Department of State
from all sources, including fee collections. Reporting on total collections shall also cover collections from the preceding fiscal year
and the projected expenditures from all collections accounts.’’.
SEC. 2208. OFFICE OF THE INSPECTOR GENERAL.

(a) PROCEDURES.—Section 209(c) of the Foreign Service Act
of 1980 (22 U.S.C. 3929(c)) is amended by adding at the end the
following:
‘‘(4) The Inspector General shall develop and provide to
employees—
‘‘(A) information detailing their rights to counsel; and
‘‘(B) guidelines describing in general terms the policies
and procedures of the Office of Inspector General with
respect to individuals under investigation other than matters exempt from disclosure under other provisions of law.’’.
(b) NOTICE.—Section 209(e) of the Foreign Service Act of 1980
(22 U.S.C. 3929(e)) is amended by adding at the end the following
new paragraph:
‘‘(3) The Inspector General shall ensure that only officials from
the Office of the Inspector General may participate in formal interviews or other formal meetings with the individual who is the
subject of an investigation, other than an intelligence-related or
sensitive undercover investigation, or except in those situations
when the Inspector General has a reasonable basis to believe that
such notice would cause tampering with witnesses, destroying evidence, or endangering the lives of individuals, unless that individual
receives prior adequate notice regarding participation by officials
of any other agency, including the Department of Justice, in such
interviews or meetings.’’.
(c) REPORT.—

22 USC 2727.

112 STAT. 2681–811

PUBLIC LAW 105–277—OCT. 21, 1998

(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this Act, the Inspector General of the Department of State and the Foreign Service shall submit a report
to the appropriate congressional committees which includes
the following:
(A) Detailed descriptions of the internal guidance
developed or used by the Office of the Inspector General
with respect to public disclosure of any information related
to an ongoing investigation of any officer or employee of
the Department of State, the United States Information
Agency, or the United States Arms Control and Disarmament Agency.
(B) Detailed descriptions of those instances for the
year ending December 31, 1997, in which any disclosure
of information to the public by an employee of the Office
of Inspector General about an ongoing investigation
occurred, including details on the recipient of the information, the date of the disclosure, and the internal clearance
process for the disclosure.
(2) STATUTORY CONSTRUCTION.—Disclosure of information
to the public under this section shall not be construed to include
information shared with Congress by an employee of the Office
of the Inspector General.
SEC. 2209. CAPITAL INVESTMENT FUND.

Section 135 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (22 U.S.C. 2684a) is amended—
(1) in subsection (a), by inserting ‘‘and enhancement’’ after
‘‘procurement’’;
(2) in subsection (c), by striking ‘‘are authorized to’’ and
inserting ‘‘shall’’;
(3) in subsection (d), by striking ‘‘for expenditure to procure
capital equipment and information technology’’ and inserting
‘‘for purposes of subsection (a)’’; and
(4) by amending subsection (e) to read as follows:
‘‘(e) REPROGRAMMING PROCEDURES.—Funds credited to the Capital Investment Fund shall not be available for obligation or
expenditure except in compliance with the procedures applicable
to reprogramming notifications under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706).’’.
SEC. 2210. CONTRACTING FOR LOCAL GUARDS SERVICES OVERSEAS.

Section 136(c) of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (22 U.S.C. 4864(c)) is amended—
(1) by amending paragraph (3) to read as follows:
‘‘(3) in evaluating proposals for such contracts, award contracts to the technically acceptable firm offering the lowest
evaluated price, except that proposals of United States persons
and qualified United States joint venture persons (as defined
in subsection (d)) shall be evaluated by reducing the bid price
by 10 percent;’’;
(2) by inserting ‘‘and’’ at the end of paragraph (5);
(3) by striking ‘‘; and’’ at the end of paragraph (6) and
inserting a period; and
(4) by striking paragraph (7).

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–812

SEC. 2211. AUTHORITY OF THE FOREIGN CLAIMS SETTLEMENT
COMMISSION.

Section 4(a) of the International Claims Settlement Act of 1949
(22 U.S.C. 1623(a)) is amended—
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(2) in the first sentence, by striking ‘‘(a) The’’ and all
that follows through the period and inserting the following:
‘‘(a)(1) The Commission shall have jurisdiction to receive, examine, adjudicate, and render a final decision with respect to any
claim of the Government of the United States or of any national
of the United States—
‘‘(A) included within the terms of the Yugoslav Claims
Agreement of 1948;
‘‘(B) included within the terms of any claims agreement
concluded on or after March 10, 1954, between the Government
of the United States and a foreign government (exclusive of
governments against which the United States declared the
existence of a state of war during World War II) similarly
providing for the settlement and discharge of claims of the
Government of the United States and of nationals of the United
States against a foreign government, arising out of the nationalization or other taking of property, by the agreement of the
Government of the United States to accept from that government a sum in en bloc settlement thereof; or
‘‘(C) included in a category of claims against a foreign
government which is referred to the Commission by the Secretary of State.’’; and
(3) by redesignating the second sentence as paragraph (2).
SEC. 2212. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS
AND PROCEEDINGS.

(a) RECOVERY OF CERTAIN EXPENSES.—The Department of State
Appropriation Act of 1937 (22 U.S.C. 2661) is amended in the
fifth undesignated paragraph under the heading entitled ‘‘INTERNATIONAL FISHERIES COMMISSION’’ by inserting ‘‘(including such
expenses as salaries and other personnel expenses)’’ after ‘‘extraordinary expenses’’.
(b) PROCUREMENT OF SERVICES.—Section 38(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2710(c)) is
amended in the first sentence by inserting ‘‘personal and’’ before
‘‘other support services’’.
SEC. 2213. GRANTS TO REMEDY INTERNATIONAL ABDUCTIONS OF
CHILDREN.

Section 7 of the International Child Abduction Remedies Act
(42 U.S.C. 11606; Public Law 100–300) is amended by adding
at the end the following new subsection:
‘‘(e) GRANT AUTHORITY.—The United States Central Authority
is authorized to make grants to, or enter into contracts or agreements with, any individual, corporation, other Federal, State, or
local agency, or private entity or organization in the United States
for purposes of accomplishing its responsibilities under the Convention and this Act.’’.
SEC. 2214. COUNTERDRUG AND ANTICRIME ACTIVITIES OF THE
DEPARTMENT OF STATE.

(a) COUNTERDRUG AND LAW ENFORCEMENT STRATEGY.—

22 USC 6561.

112 STAT. 2681–813

PUBLIC LAW 105–277—OCT. 21, 1998

(1) REQUIREMENT.—Not later than 180 days after the date
of enactment of this Act, the Secretary of State shall establish,
implement, and submit to Congress a comprehensive, longterm strategy to carry out the counterdrug responsibilities of
the Department of State in a manner consistent with the
National Drug Control Strategy. The strategy shall involve
all elements of the Department in the United States and
abroad.
(2) OBJECTIVES.—In establishing the strategy, the Secretary shall—
(A) coordinate with the Office of National Drug Control
Policy in the development of clear, specific, and measurable
counterdrug objectives for the Department that support
the goals and objectives of the National Drug Control Strategy;
(B) develop specific and, to the maximum extent practicable, quantifiable measures of performance relating to
the objectives, including annual and long-term measures
of performance, for purposes of assessing the success of
the Department in meeting the objectives;
(C) assign responsibilities for meeting the objectives
to appropriate elements of the Department;
(D) develop an operational structure within the Department that minimizes impediments to meeting the objectives;
(E) ensure that every United States ambassador or
chief of mission is fully briefed on the strategy, and works
to achieve the objectives; and
(F) ensure that—
(i) all budgetary requests and transfers of equipment (including the financing of foreign military sales
and the transfer of excess defense articles) relating
to international counterdrug efforts conforms with the
objectives; and
(ii) the recommendations of the Department
regarding certification determinations made by the
President on March 1 as to the counterdrug cooperation, or adequate steps on its own, of each major illicit
drug producing and drug trafficking country to achieve
full compliance with the goals and objectives established by the United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances
also conform to meet such objectives.
(3) REPORTS.—Not later than February 15 of each year
subsequent to the submission of the strategy described in paragraph (1), the Secretary shall submit to Congress an update
of the strategy. The update shall include—
(A) an outline of the proposed activities with respect
to the strategy during the succeeding year, including the
manner in which such activities will meet the objectives
set forth in paragraph (2); and
(B) detailed information on how certification determinations described in paragraph (2)(F) made the previous
year affected achievement of the objectives set forth in
paragraph (2) for the previous calendar year.
(4) LIMITATION ON DELEGATION.—The Secretary shall designate an official in the Department who reports directly to

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–814

the Secretary to oversee the implementation of the strategy
throughout the Department.
(b) INFORMATION ON INTERNATIONAL CRIMINALS.—
(1) INFORMATION SYSTEM.—The Secretary shall, in consultation with the heads of appropriate United States law enforcement agencies, including the Attorney General and the Secretary of the Treasury, take appropriate actions to establish
an information system or improve existing information systems
containing comprehensive information on serious crimes
committed by foreign nationals. The information system shall
be available to United States embassies and missions abroad
for use in consideration of applications for visas for entry into
the United States.
(2) REPORT.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the actions taken
under paragraph (1).
(c) OVERSEAS COORDINATION OF COUNTERDRUG AND ANTICRIME
PROGRAMS, POLICY, AND ASSISTANCE.—
(1) STRENGTHENING COORDINATION.—The responsibilities of
every diplomatic mission of the United States shall include
the strengthening of cooperation between and among the United
States and foreign governmental entities and multilateral entities with respect to activities relating to international narcotics
and crime.
(2) DESIGNATION OF OFFICERS.—
(A) IN GENERAL.—Consistent with existing memoranda
of understanding between the Department of State and
other departments and agencies of the United States,
including the Department of Justice, the chief of mission
of every diplomatic mission of the United States shall designate an officer or officers within the mission to carry
out the responsibility of the mission under paragraph (1),
including the coordination of counterdrug, law enforcement,
rule of law, and administration of justice programs, policy,
and assistance. Such officer or officers shall report to the
chief of mission, or the designee of the chief of mission,
on a regular basis regarding activities undertaken in carrying out such responsibility.
(B) REPORTS.—The chief of mission of every diplomatic
mission of the United States shall submit to the Secretary
on a regular basis a report on the actions undertaken
by the mission to carry out such responsibility.
(3) REPORT TO CONGRESS.—Not later than 180 days after
the date of enactment of this Act, the Secretary shall submit
to the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives a report on the status of any proposals for action
or on action undertaken to improve staffing and personnel
management at diplomatic missions of the United States in
order to carry out the responsibility set forth in paragraph
(1).
SEC. 2215. ANNUAL REPORT ON OVERSEAS SURPLUS PROPERTIES.

The Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et
seq.) is amended by adding at the end the following new section:

22 USC 303.

112 STAT. 2681–815
22 USC 303.

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘SEC. 12. Not later than March 1 of each year, the Secretary
of State shall submit to Congress a report listing overseas United
States surplus properties that are administered under this Act
and that have been identified for sale.’’.
SEC. 2216. HUMAN RIGHTS REPORTS.

Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d)) is amended—
(1) by striking ‘‘January 31’’ and inserting ‘‘February 25’’;
(2) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (4), (5), (6), and (7), respectively; and
(3) by inserting after paragraph (2) the following new paragraph:
‘‘(3) the status of child labor practices in each country,
including—
‘‘(A) whether such country has adopted policies to protect children from exploitation in the workplace, including
a prohibition of forced and bonded labor and policies regarding acceptable working conditions; and
‘‘(B) the extent to which each country enforces such
policies, including the adequacy of the resources and oversight dedicated to such policies;’’.
SEC. 2217. REPORTS AND POLICY CONCERNING DIPLOMATIC IMMUNITY.

Title I of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a et seq.), as amended by this division, is further
amended by adding at the end the following new section:
22 USC 2728.

‘‘SEC. 56. CRIMES COMMITTED BY DIPLOMATS.

‘‘(a) ANNUAL REPORT CONCERNING DIPLOMATIC IMMUNITY.—
‘‘(1) REPORT TO CONGRESS.—180 days after the date of
enactment, and annually thereafter, the Secretary of State
shall prepare and submit to the Congress, a report concerning
diplomatic immunity entitled ‘‘Report on Cases Involving Diplomatic Immunity’’.
‘‘(2) CONTENT OF REPORT.—In addition to such other
information as the Secretary of State may consider appropriate,
the report under paragraph (1) shall include the following:
‘‘(A) The number of persons residing in the United
States who enjoy full immunity from the criminal jurisdiction of the United States under laws extending diplomatic
privileges and immunities.
‘‘(B) Each case involving an alien described in subparagraph (A) in which an appropriate authority of a State,
a political subdivision of a State, or the United States
reported to the Department of State that the authority
had reasonable cause to believe the alien committed a
serious criminal offense within the United States, and any
additional information provided to the Secretary relating
to other serious criminal offenses that any such authority
had reasonable cause to believe the alien committed before
the period covered by the report. The Secretary may omit
from such report any matter the provision of which the
Secretary reasonably believes would compromise a criminal
investigation or prosecution or which would directly compromise law enforcement or intelligence sources or methods.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–816

‘‘(C) Each case described in subparagraph (B) in which
the Secretary of State has certified that a person enjoys
full immunity from the criminal jurisdiction of the United
States under laws extending diplomatic privileges and
immunities.
‘‘(D) The number of United States citizens who are
residing in a receiving state and who enjoy full immunity
from the criminal jurisdiction of such state under laws
extending diplomatic privileges and immunities.
‘‘(E) Each case involving a United States citizen under
subparagraph (D) in which the United States has been
requested by the government of a receiving state to waive
the immunity from criminal jurisdiction of the United
States citizen.
‘‘(F) Whether the Secretary has made the notifications
referred to in subsection (c) during the period covered by
the report.
‘‘(3) SERIOUS CRIMINAL OFFENSE DEFINED.—For the purposes of this section, the term ‘serious criminal offense’ means—
‘‘(A) any felony under Federal, State, or local law;
‘‘(B) any Federal, State, or local offense punishable
by a term of imprisonment of more than 1 year;
‘‘(C) any crime of violence as defined for purposes of
section 16 of title 18, United States Code; or
‘‘(D)(i) driving under the influence of alcohol or drugs;
‘‘(ii) reckless driving; or
‘‘(iii) driving while intoxicated.
‘‘(b) UNITED STATES POLICY CONCERNING REFORM OF DIPLOMATIC IMMUNITY.—It is the sense of the Congress that the Secretary
of State should explore, in appropriate fora, whether states should
enter into agreements and adopt legislation—
‘‘(1) to provide jurisdiction in the sending state to prosecute
crimes committed in the receiving state by persons entitled
to immunity from criminal jurisdiction under laws extending
diplomatic privileges and immunities; and
‘‘(2) to provide that where there is probable cause to believe
that an individual who is entitled to immunity from the criminal jurisdiction of the receiving state under laws extending
diplomatic privileges and immunities committed a serious
crime, the sending state will waive such immunity or the sending state will prosecute such individual.
‘‘(c) NOTIFICATION OF DIPLOMATIC CORPS.—The Secretary
should periodically notify each foreign mission of United States
policies relating to criminal offenses committed by individuals with
immunity from the criminal jurisdiction of the United States under
laws extending diplomatic privileges and immunities.’’.
SEC. 2218. REAFFIRMING UNITED STATES INTERNATIONAL TELECOMMUNICATIONS POLICY.

(a) PROCUREMENT POLICY.—It is the policy of the United States
to foster and support procurement of goods and services from private, commercial companies.
(b) IMPLEMENTATION.—In order to achieve the policy set forth
in subsection (a), the Diplomatic Telecommunications Service Program Office (DTS–PO) shall—
(1) utilize full and open competition, to the maximum
extent practicable, in the procurement of telecommunications

22 USC 2669b.

112 STAT. 2681–817

PUBLIC LAW 105–277—OCT. 21, 1998

services, including satellite space segment, for the Department
of State and each other Federal entity represented at United
States diplomatic missions and consular posts overseas;
(2) make every effort to ensure and promote the participation in the competition for such procurement of commercial
private sector providers of satellite space segment who have
no ownership or other connection with an intergovernmental
satellite organization; and
(3) implement the competitive procedures required by paragraphs (1) and (2) at the prime contracting level and, to the
maximum extent practicable, the subcontracting level.
SEC. 2219. REDUCTION OF REPORTING.

22 USC 4021
note.

(a) REPEALS.—The following provisions of law are repealed:
(1) MODEL FOREIGN LANGUAGE COMPETENCE POSTS.—The
second sentence of section 161(c) of the Foreign Relations
Authorization Act, Fiscal Year 1990 and 1991 (22 U.S.C. 4171
note).
(2) ACTIONS OF THE GOVERNMENT OF HAITI.—Section 705(c)
of the International Security and Development Cooperation
Act of 1985 (Public Law 99–83).
(3) TRAINING FACILITY FOR THE FOREIGN SERVICE
INSTITUTE.—Section
123(e)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (Public Law
99–93).
(4) MILITARY ASSISTANCE FOR HAITI.—Section 203(c) of the
Special Foreign Assistance Act of 1986 (Public Law 99–529).
(5) INTERNATIONAL SUGAR AGREEMENT, 1977.—Section 5 of
the Act entitled ‘‘An Act providing for the implementation of
the International Sugar Agreement, 1977, and for other purposes’’ (Public Law 96–236; 7 U.S.C. 3605 and 3606).
(6) AUDIENCE SURVEY OF WORLDNET PROGRAM.—Section 209
(c) and (d) of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100–204).
(7) RESEARCH ON THE NEAR AND MIDDLE EAST.—Section
228(b) of the Foreign Relations Authorization Act, Fiscal Years
1992 and 1993 (Public Law 102–138; 22 U.S.C. 2452 note).
(b) PROGRESS TOWARD REGIONAL NONPROLIFERATION.—Section
620F(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2376(c);
relating to periodic reports on progress toward regional nonproliferation) is amended by striking ‘‘Not later than April 1, 1993
and every six months thereafter,’’ and inserting ‘‘Not later than
April 1 of each year,’’.
(c) REPORT ON PARTICIPATION BY UNITED STATES MILITARY
PERSONNEL ABROAD IN UNITED STATES ELECTIONS.—Section
101(b)(6) of the Uniformed and Overseas Citizens Absentee Voting
Act of 1986 (42 U.S.C. 1973ff(b)(6)) is amended by striking ‘‘of
voter participation’’ and inserting ‘‘of uniformed services voter
participation, a general assessment of overseas nonmilitary participation,’’.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–818

CHAPTER 2—CONSULAR AUTHORITIES OF THE
DEPARTMENT OF STATE
SEC. 2221. USE OF CERTAIN PASSPORT PROCESSING FEES FOR
ENHANCED PASSPORT SERVICES.

For each of the fiscal years 1998 and 1999, of the fees collected
for expedited passport processing and deposited to an offsetting
collection pursuant to title V of the Department of State and Related
Agencies Appropriations Act for Fiscal Year 1995 (Public Law 103–
317; 22 U.S.C. 214 note), 30 percent shall be available only for
enhancing passport services for United States citizens, improving
the integrity and efficiency of the passport issuance process, improving the secure nature of the United States passport, investigating
passport fraud, and deterring entry into the United States by terrorists, drug traffickers, or other criminals.
SEC. 2222. CONSULAR OFFICERS.

(a) PERSONS AUTHORIZED TO ISSUE REPORTS OF BIRTHS
ABROAD.—Section 33 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2705) is amended in paragraph (2) by
adding at the end the following: ‘‘For purposes of this paragraph,
the term ‘consular officer’ includes any United States citizen
employee of the Department of State who is designated by the
Secretary of State to adjudicate nationality abroad pursuant to
such regulations as the Secretary may prescribe.’’.
(b) PROVISIONS APPLICABLE TO CONSULAR OFFICERS.—Section
1689 of the Revised Statutes (22 U.S.C. 4191) is amended by inserting ‘‘and to such other United States citizen employees of the
Department of State as may be designated by the Secretary of
State pursuant to such regulations as the Secretary may prescribe’’
after ‘‘such officers’’.
(c) PERSONS AUTHORIZED TO AUTHENTICATE FOREIGN DOCUMENTS.—
(1) DESIGNATED UNITED STATES CITIZENS PERFORMING
NOTARIAL ACTS.—Section 1750 of the Revised Statutes, as
amended (22 U.S.C. 4221) is further amended by inserting
after the first sentence: ‘‘At any post, port, or place where
there is no consular officer, the Secretary of State may authorize
any other officer or employee of the United States Government
who is a United States citizen serving overseas, including any
contract employee of the United States Government, to perform
such acts, and any such contractor so authorized shall not
be considered to be a consular officer.’’.
(2) DEFINITION OF CONSULAR OFFICERS.—Section 3492(c)
of title 18, United States Code, is amended by adding at the
end the following: ‘‘For purposes of this section and sections
3493 through 3496 of this title, the term ‘consular officers’
includes any United States citizen who is designated to perform
notarial functions pursuant to section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221).’’.
(d) PERSONS AUTHORIZED TO ADMINISTER OATHS.—Section 115
of title 35, United States Code, is amended by adding at the end
the following: ‘‘For purposes of this section, a consular officer shall
include any United States citizen serving overseas, authorized to
perform notarial functions pursuant to section 1750 of the Revised
Statutes, as amended (22 U.S.C. 4221).’’.

112 STAT. 2681–819

PUBLIC LAW 105–277—OCT. 21, 1998

(e) DEFINITION OF CONSULAR OFFICER.—Section 101(a)(9) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is amended by—
(1) inserting ‘‘or employee’’ after ‘‘officer’’ the second place
it appears; and
(2) inserting before the period at the end of the sentence
‘‘or, when used in title III, for the purpose of adjudicating
nationality’’.
(f) TRAINING FOR EMPLOYEES PERFORMING CONSULAR FUNCTIONS.—Section 704 of the Foreign Service Act of 1980 (22 U.S.C.
4024) is amended by adding at the end the following new subsection:
‘‘(d)(1) Before a United States citizen employee (other than
a diplomatic or consular officer of the United States) may be designated by the Secretary of State, pursuant to regulation, to perform
a consular function abroad, the United States citizen employee
shall—
‘‘(A) be required to complete successfully a program of
training essentially equivalent to the training that a consular
officer who is a member of the Foreign Service would receive
for purposes of performing such function; and
‘‘(B) be certified by an appropriate official of the Department of State to be qualified by knowledge and experience
to perform such function.
‘‘(2) As used in this subsection, the term ‘consular function’
includes the issuance of visas, the performance of notarial and
other legalization functions, the adjudication of passport applications, the adjudication of nationality, and the issuance of citizenship
documentation.’’.
SEC. 2223. REPEAL OF OUTDATED CONSULAR RECEIPT REQUIREMENTS.

Sections 1726, 1727, and 1728 of the Revised Statutes of the
United States (22 U.S.C. 4212, 4213, and 4214), as amended (relating to accounting for consular fees) are repealed.
SEC. 2224. ELIMINATION OF DUPLICATE FEDERAL REGISTER PUBLICATION FOR TRAVEL ADVISORIES.

(a) FOREIGN AIRPORTS.—Section 44908(a) of title 49, United
States Code, is amended—
(1) by inserting ‘‘and’’ at the end of paragraph (1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) FOREIGN PORTS.—Section 908(a) of the International Maritime and Port Security Act of 1986 (46 U.S.C. App. 1804(a)) is
amended by striking the second sentence, relating to Federal Register publication by the Secretary of State.
8 USC 1182d.

SEC. 2225. DENIAL OF VISAS TO CONFISCATORS OF AMERICAN PROPERTY.

(a) DENIAL OF VISAS.—Except as otherwise provided in section
401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996 (Public Law 104–114), and subject to subsection (b),
the Secretary of State may deny the issuance of a visa to any
alien who—
(1) through the abuse of position, including a governmental
or political party position, converts or has converted for personal
gain real property that has been confiscated or expropriated,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–820

a claim to which is owned by a national of the United States,
or who is complicit in such a conversion; or
(2) induces any of the actions or omissions described in
paragraph (1) by any person.
(b) EXCEPTIONS.—Subsection (a) shall not apply to—
(1) any country established by international mandate
through the United Nations; or
(2) any territory recognized by the United States Government to be in dispute.
(c) REPORTING REQUIREMENT.—Not later than 6 months after
the date of enactment of this Act, and every 12 months thereafter,
the Secretary of State shall submit to the Speaker of the House
of Representatives and to the chairman of the Committee on Foreign
Relations of the Senate a report, including—
(1) a list of aliens who have been denied a visa under
this subsection; and
(2) a list of aliens who could have been denied a visa
under subsection (a) but were issued a visa and an explanation
as to why each such visa was issued.
SEC. 2226. INADMISSIBILITY OF ANY ALIEN SUPPORTING AN INTERNATIONAL CHILD ABDUCTOR.

(a) AMENDMENT OF IMMIGRATION AND NATIONALITY ACT.—Section 212(a)(10)(C) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(10)(C)) is amended by striking clause (ii) and inserting
the following:
‘‘(ii) ALIENS SUPPORTING ABDUCTORS AND RELATIVES OF ABDUCTORS.—Any alien who—
‘‘(I) is known by the Secretary of State to
have intentionally assisted an alien in the conduct
described in clause (i),
‘‘(II) is known by the Secretary of State to
be intentionally providing material support or safe
haven to an alien described in clause (i), or
‘‘(III) is a spouse (other than the spouse who
is the parent of the abducted child), child (other
than the abducted child), parent, sibling, or agent
of an alien described in clause (i), if such person
has been designated by the Secretary of State at
the Secretary’s sole and unreviewable discretion,
is inadmissible until the child described in clause
(i) is surrendered to the person granted custody
by the order described in that clause, and such
person and child are permitted to return to the
United States or such person’s place of residence.
‘‘(iii) EXCEPTIONS.—Clauses (i) and (ii) shall not
apply—
‘‘(I) to a government official of the United
States who is acting within the scope of his or
her official duties;
‘‘(II) to a government official of any foreign
government if the official has been designated by
the Secretary of State at the Secretary’s sole and
unreviewable discretion; or
‘‘(III) so long as the child is located in a foreign
state that is a party to the Convention on the

112 STAT. 2681–821

8 USC 1182 note.

PUBLIC LAW 105–277—OCT. 21, 1998

Civil Aspects of International Child Abduction,
done at The Hague on October 25, 1980.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to aliens seeking admission to the United States on
or after the date of enactment of this Act.
CHAPTER 3—REFUGEES AND MIGRATION
Subchapter A—Authorization of Appropriations
SEC. 2231. MIGRATION AND REFUGEE ASSISTANCE.

(a) MIGRATION AND REFUGEE ASSISTANCE.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for ‘‘Migration and Refugee Assistance’’
for authorized activities, $650,000,000 for the fiscal year 1998
and $704,500,000 for the fiscal year 1999.
(2) LIMITATIONS.—
(A) LIMITATION REGARDING TIBETAN REFUGEES IN INDIA
AND NEPAL.—Of the amounts authorized to be appropriated
in paragraph (1), not more than $2,000,000 for the fiscal
year 1998 and $2,000,000 for the fiscal year 1999 are
authorized to be available only for humanitarian assistance,
including food, medicine, clothing, and medical and vocational training, to Tibetan refugees in India and Nepal
who have fled Chinese-occupied Tibet.
(B) REFUGEES RESETTLING IN ISRAEL.—Of the amounts
authorized to be appropriated in paragraph (1), $80,000,000
for the fiscal year 1998 and $80,000,000 for the fiscal
year 1999 are authorized to be available for assistance
for refugees resettling in Israel from other countries.
(C) HUMANITARIAN ASSISTANCE FOR DISPLACED BURMESE.—Of the amounts authorized to be appropriated in
paragraph (1), $1,500,000 for the fiscal year 1998 and
$1,500,000 for the fiscal year 1999 for humanitarian assistance are authorized to be available, including food, medicine, clothing, and medical and vocational training, to persons displaced as a result of civil conflict in Burma, including persons still within Burma.
(b) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to
this section are authorized to remain available until expended.
Subchapter B—Authorities
22 USC 2601
note.

SEC. 2241. UNITED STATES POLICY REGARDING THE INVOLUNTARY
RETURN OF REFUGEES.

(a) IN GENERAL.—None of the funds made available by this
subdivision shall be available to effect the involuntary return by
the United States of any person to a country in which the person
has a well-founded fear of persecution on account of race, religion,
nationality, membership in a particular social group, or political
opinion, except on grounds recognized as precluding protection as
a refugee under the United Nations Convention Relating to the
Status of Refugees of July 28, 1951, and the Protocol Relating
to the Status of Refugees of January 31, 1967, subject to the
reservations contained in the United States Senate Resolution of
Ratification.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–822

(b) MIGRATION AND REFUGEE ASSISTANCE.—None of the funds
made available by section 2231 of this division or by section 2(c)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601(c)) shall be available to effect the involuntary return of any
person to any country unless the Secretary of State first notifies
the appropriate congressional committees, except that in the case
of an emergency involving a threat to human life the Secretary
of State shall notify the appropriate congressional committees as
soon as practicable.
(c) INVOLUNTARY RETURN DEFINED.—As used in this section,
the term ‘‘to effect the involuntary return’’ means to require, by
means of physical force or circumstances amounting to a threat
thereof, a person to return to a country against the person’s will,
regardless of whether the person is physically present in the United
States and regardless of whether the United States acts directly
or through an agent.
SEC. 2242. UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY RETURN OF PERSONS IN DANGER OF SUBJECTION
TO TORTURE.

(a) POLICY.—It shall be the policy of the United States not
to expel, extradite, or otherwise effect the involuntary return of
any person to a country in which there are substantial grounds
for believing the person would be in danger of being subjected
to torture, regardless of whether the person is physically present
in the United States.
(b) REGULATIONS.—Not later than 120 days after the date of
enactment of this Act, the heads of the appropriate agencies shall
prescribe regulations to implement the obligations of the United
States under Article 3 of the United Nations Convention Against
Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, subject to any reservations, understandings,
declarations, and provisos contained in the United States Senate
resolution of ratification of the Convention.
(c) EXCLUSION OF CERTAIN ALIENS.—To the maximum extent
consistent with the obligations of the United States under the
Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution
of ratification of the Convention, the regulations described in subsection (b) shall exclude from the protection of such regulations
aliens described in section 241(b)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)(3)(B)).
(d) REVIEW AND CONSTRUCTION.—Notwithstanding any other
provision of law, and except as provided in the regulations described
in subsection (b), no court shall have jurisdiction to review the
regulations adopted to implement this section, and nothing in this
section shall be construed as providing any court jurisdiction to
consider or review claims raised under the Convention or this
section, or any other determination made with respect to the
application of the policy set forth in subsection (a), except as part
of the review of a final order of removal pursuant to section 242
of the Immigration and Nationality Act (8 U.S.C. 1252).
(e) AUTHORITY TO DETAIN.—Nothing in this section shall be
construed as limiting the authority of the Attorney General to
detain any person under any provision of law, including, but not
limited to, any provision of the Immigration and Nationality Act.
(f) DEFINITIONS.—

8 USC 1231 note.

112 STAT. 2681–823

PUBLIC LAW 105–277—OCT. 21, 1998

(1) CONVENTION DEFINED.—In this section, the term
‘‘Convention’’ means the United Nations Convention Against
Torture and Other Forms of Cruel, Inhuman or Degrading
Treatment or Punishment, done at New York on December
10, 1984.
(2) SAME TERMS AS IN THE CONVENTION.—Except as otherwise provided, the terms used in this section have the meanings
given those terms in the Convention, subject to any reservations, understandings, declarations, and provisos contained in
the United States Senate resolution of ratification of the
Convention.
SEC. 2243. REPROGRAMMING OF MIGRATION AND REFUGEE ASSISTANCE FUNDS.

Section 34 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2706) is amended—
(1) in subsection (a)—
(A) by striking ‘‘Foreign Affairs’’ and inserting ‘‘International Relations and the Committee on Appropriations’’;
and
(B) by inserting ‘‘and the Committee on Appropriations’’ after ‘‘Foreign Relations’’; and
(2) by adding at the end the following new subsection:
‘‘(c) The Secretary of State may waive the notification requirement of subsection (a), if the Secretary determines that failure
to do so would pose a substantial risk to human health or welfare.
In the case of any waiver under this subsection, notification to
the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives shall be provided as soon as practicable, but not later
than 3 days after taking the action to which the notification requirement was applicable, and shall contain an explanation of the emergency circumstances.’’.
SEC. 2244. ELIGIBILITY FOR REFUGEE STATUS.

Section 584 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997 (Public Law 104–208;
110 Stat. 3009–171) is amended—
(1) in subsection (a)—
(A) by striking ‘‘For purposes’’ and inserting ‘‘Notwithstanding any other provision of law, for purposes’’; and
(B) by striking ‘‘fiscal year 1997’’ and inserting ‘‘fiscal
years 1997, 1998, and 1999’’; and
(2) by amending subsection (b) to read as follows:
‘‘(b) ALIENS COVERED.—
‘‘(1) IN GENERAL.— An alien described in this subsection
is an alien who—
‘‘(A) is the son or daughter of a qualified national;
‘‘(B) is 21 years of age or older; and
‘‘(C) was unmarried as of the date of acceptance of
the alien’s parent for resettlement under the Orderly
Departure Program.
‘‘(2) QUALIFIED NATIONAL.—For purposes of paragraph (1),
the term ‘qualified national’ means a national of Vietnam who—
‘‘(A)(i) was formerly interned in a reeducation camp
in Vietnam by the Government of the Socialist Republic
of Vietnam; or

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–824

‘‘(ii) is the widow or widower of an individual described
in clause (i); and
‘‘(B)(i) qualified for refugee processing under the
reeducation camp internees subprogram of the Orderly
Departure Program; and
‘‘(ii) on or after April 1, 1995, is or has been accepted—
‘‘(I) for resettlement as a refugee; or
‘‘(II) for admission as an immigrant under the
Orderly Departure Program.’’.
SEC. 2245. REPORTS TO CONGRESS CONCERNING CUBAN EMIGRATION
POLICIES.

Beginning not later than 6 months after the date of enactment
of this Act, and every 6 months thereafter, the Secretary of State
shall supplement the monthly report to Congress entitled ‘‘Update
on Monitoring of Cuban Migrant Returnees’’ with additional
information concerning the methods employed by the Government
of Cuba to enforce the United States-Cuba agreement of September
1994 and the treatment by the Government of Cuba of persons
who have returned to Cuba pursuant to the United States-Cuba
agreement of May 1995.
TITLE XXIII—ORGANIZATION OF THE DEPARTMENT OF
STATE; DEPARTMENT OF STATE PERSONNEL; THE
FOREIGN SERVICE
CHAPTER 1—ORGANIZATION OF THE DEPARTMENT OF
STATE
SEC. 2301. COORDINATOR FOR COUNTERTERRORISM.

(a) ESTABLISHMENT.—Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding
at the end the following new subsection:
‘‘(f) COORDINATOR FOR COUNTERTERRORISM.—
‘‘(1) IN GENERAL.—There is within the office of the Secretary
of State a Coordinator for Counterterrorism (in this paragraph
referred to as the ‘Coordinator’) who shall be appointed by
the President, by and with the advice and consent of the Senate.
‘‘(2) DUTIES.—
‘‘(A) IN GENERAL.—The Coordinator shall perform such
duties and exercise such powers as the Secretary of State
shall prescribe.
‘‘(B) DUTIES DESCRIBED.—The principal duty of the
Coordinator shall be the overall supervision (including policy oversight of resources) of international counterterrorism
activities. The Coordinator shall be the principal adviser
to the Secretary of State on international counterterrorism
matters. The Coordinator shall be the principal
counterterrorism official within the senior management of
the Department of State and shall report directly to the
Secretary of State.
‘‘(3) RANK AND STATUS OF AMBASSADOR.—The Coordinator
shall have the rank and status of Ambassador at Large.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 161
of the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103–236) is amended by striking subsection (e).

President.
Congress.

22 USC 2651a
note.

112 STAT. 2681–825

PUBLIC LAW 105–277—OCT. 21, 1998

SEC. 2302. ELIMINATION OF DEPUTY ASSISTANT SECRETARY OF STATE
FOR BURDENSHARING.

Section 161 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (22 U.S.C. 2651a note) is amended by striking
subsection (f).
SEC. 2303. PERSONNEL MANAGEMENT.

Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a), as amended by this division, is further
amended by adding at the end the following new subsection:
‘‘(g) QUALIFICATIONS OF OFFICER HAVING PRIMARY RESPONSIBILITY FOR PERSONNEL MANAGEMENT.—The officer of the Department
of State with primary responsibility for assisting the Secretary
of State with respect to matters relating to personnel in the Department of State, or that officer’s principal deputy, shall have substantial professional qualifications in the field of human resource policy
and management.’’.
SEC. 2304. DIPLOMATIC SECURITY.

Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a), as amended by this division, is further
amended by adding at the end the following new subsection:
‘‘(h) QUALIFICATIONS OF OFFICER HAVING PRIMARY RESPONSIBILITY FOR DIPLOMATIC SECURITY.—The officer of the Department of
State with primary responsibility for assisting the Secretary of
State with respect to diplomatic security, or that officer’s principal
deputy, shall have substantial professional qualifications in the
fields of (1) management, and (2) Federal law enforcement, intelligence, or security.’’.
SEC. 2305. NUMBER OF SENIOR OFFICIAL POSITIONS AUTHORIZED FOR
THE DEPARTMENT OF STATE.

(a) UNDER SECRETARIES.—
(1) IN GENERAL.—Section 1(b) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(b)) is amended
by striking ‘‘5’’ and inserting ‘‘6’’.
(2) CONFORMING AMENDMENT TO TITLE 5.—Section 5314
of title 5, United States Code, is amended by striking ‘‘Under
Secretaries of State (5)’’ and inserting ‘‘Under Secretaries of
State (6)’’.
(b) ASSISTANT SECRETARIES.—
(1) IN GENERAL.—Section 1(c)(1) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is amended
by striking ‘‘20’’ and inserting ‘‘24’’.
(2) CONFORMING AMENDMENT TO TITLE 5.—Section 5315
of title 5, United States Code, is amended by striking ‘‘Assistant
Secretaries of State (20)’’ and inserting ‘‘Assistant Secretaries
of State (24)’’.
(c) DEPUTY ASSISTANT SECRETARIES.—Section 1 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as
amended by this division, is further amended—
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–826

SEC. 2306. NOMINATION OF UNDER SECRETARIES AND ASSISTANT SECRETARIES OF STATE.

President.

(a) UNDER SECRETARIES OF STATE.—Section 1(b) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)),
as amended by this division, is further amended by adding at
the end the following new paragraph:
‘‘(4) NOMINATION OF UNDER SECRETARIES.—Whenever the
President submits to the Senate a nomination of an individual
for appointment to a position in the Department of State that
is described in paragraph (1), the President shall designate
the particular Under Secretary position in the Department
of State that the individual shall have.’’.
(b) ASSISTANT SECRETARIES OF STATE.—Section 1(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)),
as amended by this division, is further amended by adding at
the end the following new paragraph:
‘‘(3) NOMINATION OF ASSISTANT SECRETARIES.—Whenever
the President submits to the Senate a nomination of an individual for appointment to a position in the Department of State
that is described in paragraph (1), the President shall designate
the regional or functional bureau or bureaus of the Department
of State with respect to which the individual shall have responsibility.’’.
CHAPTER 2—PERSONNEL OF THE DEPARTMENT OF
STATE; THE FOREIGN SERVICE
SEC. 2311. FOREIGN SERVICE REFORM.

(a) PERFORMANCE PAY.—Section 405 of the Foreign Service
Act of 1980 (22 U.S.C. 3965) is amended—
(1) in subsection (a), by striking ‘‘Members’’ and inserting
‘‘Subject to subsection (e), members’’; and
(2) by adding at the end the following new subsection:
‘‘(e) Notwithstanding any other provision of law, the Secretary
of State may provide for recognition of the meritorious or distinguished service of any member of the Foreign Service described
in subsection (a) (including any member of the Senior Foreign
Service) by means other than an award of performance pay in
lieu of making such an award under this section.’’.
(b) EXPEDITED SEPARATION OUT.—
(1) SEPARATION OF LOWEST RANKED FOREIGN SERVICE MEMBERS.—Not later than 90 days after the date of enactment
of this Act, the Secretary of State shall develop and implement
procedures to identify, and recommend for separation, any
member of the Foreign Service ranked by promotion boards
of the Department of State in the bottom 5 percent of his
or her class for 2 or more of the 5 years preceding the date
of enactment of this Act (in this subsection referred to as
the ‘‘years of lowest ranking’’) if the rating official for such
member was not the same individual for any two of the years
of lowest ranking.
(2) SPECIAL INTERNAL REVIEWS.—In any case where the
member was evaluated by the same rating official in any 2
of the years of lowest ranking, an internal review of the member’s file shall be conducted to determine whether the member
should be considered for action leading to separation.

Procedures.

112 STAT. 2681–827

PUBLIC LAW 105–277—OCT. 21, 1998

(3) PROCEDURES.—The Secretary of State shall develop
procedures for the internal reviews required under paragraph
(2).
SEC. 2312. RETIREMENT BENEFITS FOR INVOLUNTARY SEPARATION.

22 USC 4009 et
seq.

Applicability.

(a) BENEFITS.—Section 609 of the Foreign Service Act of 1980
(22 U.S.C. 4009) is amended—
(1) in subsection (a)(2)(A), by inserting ‘‘or any other
applicable provision of chapter 84 of title 5, United States
Code,’’ after ‘‘section 811’’;
(2) in subsection (a), by inserting ‘‘or section 855, as appropriate’’ after ‘‘section 806’’; and
(3) in subsection (b)(2)—
(A) by striking ‘‘(2)’’ and inserting ‘‘(2)(A) for those
participants in the Foreign Service Retirement and Disability System,’’; and
(B) by inserting before the period at the end ‘‘; and
(B) for those participants in the Foreign Service Pension
System, benefits as provided in section 851’’; and
(4) in subsection (b) in the matter following paragraph
(2), by inserting ‘‘(for participants in the Foreign Service Retirement and Disability System) or age 62 (for participants in
the Foreign Service Pension System)’’ after ‘‘age 60’’.
(b) ENTITLEMENT TO ANNUITY.—Section 855(b) of the Foreign
Service Act of 1980 (22 U.S.C. 4071d(b)) is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘611,’’ after ‘‘608,’’;
(B) by inserting ‘‘or for participants in the Foreign
Service Pension System,’’ after ‘‘for participants in the Foreign Service Retirement and Disability System’’; and
(C) by striking ‘‘Service shall’’ and inserting ‘‘Service,
shall’’; and
(2) in paragraph (3), by striking ‘‘or 610’’ and inserting
‘‘610, or 611’’.
(c) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by this section shall take effect on the
date of the enactment of this Act.
(2) EXCEPTIONS.—The amendments made by paragraphs
(2) and (3) of subsection (a) and paragraphs (1)(A) and (2)
of subsection (b) shall apply with respect to any actions taken
under section 611 of the Foreign Service Act of 1980 on or
after January 1, 1996.
SEC. 2313. AUTHORITY OF SECRETARY TO SEPARATE CONVICTED
FELONS FROM THE FOREIGN SERVICE.

Section 610(a)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4010(a)(2)) is amended in the first sentence by striking ‘‘A member’’
and inserting ‘‘Except in the case of an individual who has been
convicted of a crime for which a sentence of imprisonment of more
than 1 year may be imposed, a member’’.
SEC. 2314. CAREER COUNSELING.

(a) IN GENERAL.—Section 706(a) of the Foreign Service Act
of 1980 (22 U.S.C. 4026(a)) is amended by adding at the end
the following new sentence: ‘‘Career counseling and related services
provided pursuant to this Act shall not be construed to permit
an assignment that consists primarily of paid time to conduct

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–828

a job search and without other substantive duties for more than
one month.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall be effective 180 days after the date of the enactment of
this Act.
SEC. 2315. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.

Section 1017(e)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4117(e)(2)) is amended to read as follows:
‘‘(2) For the purposes of paragraph (1)(A)(ii) and paragraph
(1)(B), the term ‘management official’ does not include—
‘‘(A) any chief of mission;
‘‘(B) any principal officer or deputy principal officer;
‘‘(C) any administrative or personnel officer abroad;
or
‘‘(D) any individual described in section 1002(12) (B),
(C), or (D) who is not involved in the administration of
this chapter or in the formulation of the personnel policies
and programs of the Department.’’.
SEC. 2316. AVAILABILITY PAY FOR CERTAIN CRIMINAL INVESTIGATORS WITHIN THE DIPLOMATIC SECURITY SERVICE.

(a) IN GENERAL.—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
‘‘(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) IMPLEMENTATION.—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) TECHNICAL AND CONFORMING AMENDMENTS.—(1) Paragraph
(2) of section 5545a(a) of title 5, United States Code, is amended

22 USC 4026
note.

112 STAT. 2681–829

5 USC 5542 note.

PUBLIC LAW 105–277—OCT. 21, 1998

(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) EFFECTIVE DATE.—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. 2317. NONOVERTIME DIFFERENTIAL PAY.

Title 5 of the United States Code is amended—
(1) in section 5544(a), by inserting after the fourth sentence
the following new sentence: ‘‘For employees serving outside
the United States in areas where Sunday is a routine workday
and another day of the week is officially recognized as the
day of rest and worship, the Secretary of State may designate
the officially recognized day of rest and worship as the day
with respect to which the preceding sentence shall apply instead
of Sunday.’’; and
(2) at the end of section 5546(a), by adding the following
new sentence: ‘‘For employees serving outside the United States
in areas where Sunday is a routine workday and another day
of the week is officially recognized as the day of rest and
worship, the Secretary of State may designate the officially
recognized day of rest and worship as the day with respect
to which the preceding sentence shall apply instead of Sunday.’’.
22 USC 3922a
note.

SEC. 2318. REPORT CONCERNING MINORITIES AND THE FOREIGN
SERVICE.

The Secretary of State shall during each of calendar years
1998 and 1999 submit a report to the Congress concerning minorities and the Foreign Service officer corps. In addition to such
other information as is relevant to this issue, the report shall
include the following data for the last preceding examination and
promotion cycles for which such information is available (reported
in terms of real numbers and percentages and not as ratios):
(1) The numbers and percentages of all minorities taking
the written Foreign Service examination.
(2) The numbers and percentages of all minorities successfully completing and passing the written Foreign Service examination.
(3) The numbers and percentages of all minorities successfully completing and passing the oral Foreign Service examination.
(4) The numbers and percentages of all minorities entering
the junior officers class of the Foreign Service.
(5) The numbers and percentages of all minority Foreign
Service officers at each grade.
(6) The numbers of and percentages of minorities promoted
at each grade of the Foreign Service officer corps.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–830

TITLE XXIV—UNITED STATES INFORMATIONAL,
EDUCATIONAL, AND CULTURAL PROGRAMS
CHAPTER 1—AUTHORIZATION OF APPROPRIATIONS
SEC. 2401. INTERNATIONAL INFORMATION ACTIVITIES AND EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.

The following amounts are authorized to be appropriated to
carry out international information activities and educational and
cultural exchange programs under the United States Information
and Educational Exchange Act of 1948, the Mutual Educational
and Cultural Exchange Act of 1961, Reorganization Plan Number
2 of 1977, the United States International Broadcasting Act of
1994, the Radio Broadcasting to Cuba Act, the Television Broadcasting to Cuba Act, the Board for International Broadcasting Act,
the North/South Center Act of 1991, and the National Endowment
for Democracy Act, and to carry out other authorities in law consistent with such purposes:
(1) INTERNATIONAL INFORMATION PROGRAMS.—For ‘‘International Information Programs’’, $427,097,000 for the fiscal
year 1998 and $455,246,000 for the fiscal year 1999.
(2) TECHNOLOGY FUND.—For the ‘‘Technology Fund’’ for
the United States Information Agency, $5,050,000 for the fiscal
year 1998 and $5,050,000 for the fiscal year 1999.
(3) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.—
(A) FULBRIGHT ACADEMIC EXCHANGE PROGRAMS.—
(i) FULBRIGHT ACADEMIC EXCHANGE PROGRAMS.—
There are authorized to be appropriated for the ‘‘Fulbright Academic Exchange Programs’’ (other than programs described in subparagraph (B)), $99,236,000 for
the fiscal year 1998 and $100,000,000 for the fiscal
year 1999.
(ii) VIETNAM FULBRIGHT ACADEMIC EXCHANGE PROGRAMS.—Of the amounts authorized to be appropriated
under clause (i), $5,000,000 for the fiscal year 1998
and $5,000,000 for the fiscal year 1999 are authorized
to be available for the Vietnam scholarship program
established by section 229 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (Public
Law 102–138).
(B) OTHER EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.—
(i) IN GENERAL.—There are authorized to be appropriated for other educational and cultural exchange
programs authorized by law, $100,764,000 for the fiscal
year 1998 and $102,500,000 for the fiscal year 1999.
(ii) SOUTH PACIFIC EXCHANGES.—Of the amounts
authorized to be appropriated under clause (i),
$500,000 for the fiscal year 1998 and $500,000 for
the fiscal year 1999 are authorized to be available
for ‘‘South Pacific Exchanges’’.
(iii) EAST TIMORESE SCHOLARSHIPS.—Of the
amounts authorized to be appropriated under clause
(i), $500,000 for the fiscal year 1998 and $500,000
for the fiscal year 1999 are authorized to be available
for ‘‘East Timorese Scholarships’’.

112 STAT. 2681–831

PUBLIC LAW 105–277—OCT. 21, 1998

(iv) TIBETAN EXCHANGES.—Of the amounts authorized to be appropriated under clause (i), $500,000 for
the fiscal year 1998 and $500,000 for the fiscal year
1999 are authorized to be available for ‘‘Educational
and Cultural Exchanges with Tibet’’ under section 236
of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103–236).
(4) INTERNATIONAL BROADCASTING ACTIVITIES.—
(A) AUTHORIZATION OF APPROPRIATIONS.—For ‘‘International Broadcasting Activities’’, $340,315,000 for the fiscal year 1998, and $340,365,000 for the fiscal year 1999.
(B) ALLOCATION.—Of the amounts authorized to be
appropriated under subparagraph (A), the Director of the
United States Information Agency and the Broadcasting
Board of Governors shall seek to ensure that the amounts
made available for broadcasting to nations whose people
do not fully enjoy freedom of expression do not decline
in proportion to the amounts made available for broadcasting to other nations.
(5) RADIO CONSTRUCTION.—For ‘‘Radio Construction’’,
$40,000,000 for the fiscal year 1998, and $13,245,000 for the
fiscal year 1999.
(6) RADIO FREE ASIA.—For ‘‘Radio Free Asia’’, $24,100,000
for the fiscal year 1998 and $22,000,000 for the fiscal year
1999, and an additional $8,000,000 in fiscal year 1998 for
one-time capital costs.
(7) BROADCASTING TO CUBA.—For ‘‘Broadcasting to Cuba’’,
$22,095,000 for the fiscal year 1998 and $22,095,000 for the
fiscal year 1999.
(8) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE
BETWEEN EAST AND WEST.—For the ‘‘Center for Cultural and
Technical Interchange between East and West’’, not more than
$12,000,000 for the fiscal year 1998 and not more than
$12,500,000 for the fiscal year 1999.
(9) NATIONAL ENDOWMENT FOR DEMOCRACY.—For the
‘‘National Endowment for Democracy’’, $30,000,000 for the fiscal
year 1998 and $31,000,000 for the fiscal year 1999.
(10) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE
BETWEEN NORTH AND SOUTH.—For ‘‘Center for Cultural and
Technical Interchange between North and South’’ not more
than $1,500,000 for the fiscal year 1998 and not more than
$1,750,000 for the fiscal year 1999.
CHAPTER 2—AUTHORITIES AND ACTIVITIES
22 USC 4416.

SEC. 2411. RETENTION OF INTEREST.

Notwithstanding any other provision of law, with the approval
of the National Endowment for Democracy, grant funds made available by the National Endowment for Democracy may be deposited
in interest-bearing accounts pending disbursement, and any interest
which accrues may be retained by the grantee without returning
such interest to the Treasury of the United States and interest
earned may be obligated and expended for the purposes for which
the grant was made without further appropriation.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–832

SEC. 2412. USE OF SELECTED PROGRAM FEES.

Section 810 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1475e) is amended to read as
follows:
‘‘USE

OF ENGLISH-TEACHING PROGRAM FEES

‘‘SEC. 810. (a) IN GENERAL.—Notwithstanding section 3302 of
title 31, United States Code, or any other law or limitation of
authority, fees and receipts described in subsection (b) are authorized to be credited each fiscal year for authorized purposes to
the appropriate appropriations of the United States Information
Agency to such extent as may be provided in advance in appropriations acts.
‘‘(b) FEES AND RECEIPTS DESCRIBED.—The fees and receipts
described in this subsection are fees and payments received by
or for the use of the United States Information Agency from or
in connection with—
‘‘(1) English-teaching and library services,
‘‘(2) educational advising and counseling,
‘‘(3) Exchange Visitor Program Services,
‘‘(4) advertising and business ventures of the Voice of America and the International Broadcasting Bureau,
‘‘(5) cooperating international organizations, and
‘‘(6) Agency-produced publications,
‘‘(7) an amount not to exceed $100,000 of the payments
from motion picture and television programs produced or conducted by or on behalf of the Agency under the authority
of this Act or the Mutual Education and Cultural Exchange
Act of 1961.’’.
SEC. 2413. MUSKIE FELLOWSHIP PROGRAM.

(a) GUIDELINES.—Section 227(c)(5) of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452
note) is amended by inserting ‘‘journalism and communications,
education administration, public policy, library and information
science,’’ after ‘‘business administration,’’ each of the two places
it appears.
(b) REDESIGNATION OF SOVIET UNION.—Section 227 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22
U.S.C. 2452 note) is amended—
(1) in subsections (a), (b), and (c)(5), by striking ‘‘Soviet
Union’’ each place it appears and inserting ‘‘independent states
of the former Soviet Union’’;
(2) in subsection (c)(11), by striking ‘‘Soviet republics’’ and
inserting ‘‘independent states of the former Soviet Union’’; and
(3) in the section heading, by inserting ‘‘INDEPENDENT
STATES OF THE FORMER’’ after ‘‘FROM THE’’.
SEC. 2414. WORKING GROUP ON UNITED STATES GOVERNMENT-SPONSORED INTERNATIONAL EXCHANGES AND TRAINING.

Section 112 of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2460) is amended by adding at the end
the following new subsection:
‘‘(g) WORKING GROUP ON UNITED STATES GOVERNMENT SPONSORED INTERNATIONAL EXCHANGES AND TRAINING.—(1) In order to
carry out the purposes of subsection (f) and to improve the coordination, efficiency, and effectiveness of United States Government-

Establishment.

112 STAT. 2681–833

PUBLIC LAW 105–277—OCT. 21, 1998

sponsored international exchanges and training, there is established
within the United States Information Agency a senior-level interagency working group to be known as the Working Group on United
States Government-Sponsored International Exchanges and Training (in this section referred to as the ‘Working Group’).
‘‘(2) For purposes of this subsection, the term ‘Governmentsponsored international exchanges and training’ means the movement of people between countries to promote the sharing of ideas,
to develop skills, and to foster mutual understanding and cooperation, financed wholly or in part, directly or indirectly, with United
States Government funds.
‘‘(3) The Working Group shall be composed as follows:
‘‘(A) The Associate Director for Educational and Cultural
Affairs of the United States Information Agency, who shall
act as Chair.
‘‘(B) A senior representative of the Department of State,
who shall be designated by the Secretary of State.
‘‘(C) A senior representative of the Department of Defense,
who shall be designated by the Secretary of Defense.
‘‘(D) A senior representative of the Department of Education, who shall be designated by the Secretary of Education.
‘‘(E) A senior representative of the Department of Justice,
who shall be designated by the Attorney General.
‘‘(F) A senior representative of the Agency for International
Development, who shall be designated by the Administrator
of the Agency.
‘‘(G) Senior representatives of such other departments and
agencies as the Chair determines to be appropriate.
‘‘(4) Representatives of the National Security Adviser and the
Director of the Office of Management and Budget may participate
in the Working Group at the discretion of the Adviser and the
Director, respectively.
‘‘(5) The Working Group shall be supported by an interagency
staff office established in the Bureau of Educational and Cultural
Affairs of the United States Information Agency.
‘‘(6) The Working Group shall have the following purposes
and responsibilities:
‘‘(A) To collect, analyze, and report data provided by all
United States Government departments and agencies conducting international exchanges and training programs.
‘‘(B) To promote greater understanding and cooperation
among concerned United States Government departments and
agencies of common issues and challenges in conducting international exchanges and training programs, including through
the establishment of a clearinghouse for information on international exchange and training activities in the governmental
and nongovernmental sectors.
‘‘(C) In order to achieve the most efficient and cost-effective
use of Federal resources, to identify administrative and programmatic duplication and overlap of activities by the various
United States Government departments and agencies involved
in Government-sponsored international exchange and training
programs, to identify how each Government-sponsored international exchange and training program promotes United
States foreign policy, and to report thereon.
‘‘(D)(i) Not later than 1 year after the date of the enactment
of the Foreign Relations Authorization Act, Fiscal Years 1998

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–834

and 1999, the Working Group shall develop a coordinated and
cost-effective strategy for all United States Government-sponsored international exchange and training programs, including
an action plan with the objective of achieving a minimum
of 10 percent cost savings through greater efficiency, the
consolidation of programs, or the elimination of duplication,
or any combination thereof.
‘‘(ii) Not later than 1 year after the date of enactment
of the Foreign Relations Authorization Act, Fiscal Years 1998
and 1999, the Working Group shall submit a report to the
appropriate congressional committees setting forth the strategy
and action plan required by clause (i).
‘‘(iii) Each year thereafter the Working Group shall assess
the strategy and plan required by clause (i).
‘‘(E) Not later than 2 years after the date of the enactment
of the Foreign Relations Authorization Act, Fiscal Years 1998
and 1999, to develop recommendations on common performance
measures for all United States Government-sponsored international exchange and training programs, and to issue a report.
‘‘(F) To conduct a survey of private sector international
exchange activities and develop strategies for expanding public
and private partnerships in, and leveraging private sector support for, United States Government-sponsored international
exchange and training activities.
‘‘(G) Not later than 6 months after the date of the enactment of the Foreign Relations Authorization Act, Fiscal Years
1998 and 1999, to report on the feasibility and advisability
of transferring funds and program management for the ATLAS
or the Mandela Fellows programs, or both, in South Africa
from the Agency for International Development to the United
States Information Agency. The report shall include an assessment of the capabilities of the South African Fulbright Commission to manage such programs and the cost effects of consolidating such programs under one entity.
‘‘(7) All reports prepared by the Working Group shall be submitted to the President, through the Director of the United States
Information Agency.
‘‘(8) The Working Group shall meet at least on a quarterly
basis.
‘‘(9) All decisions of the Working Group shall be by majority
vote of the members present and voting.
‘‘(10) The members of the Working Group shall serve without
additional compensation for their service on the Working Group.
Any expenses incurred by a member of the Working Group in
connection with service on the Working Group shall be compensated
by that member’s department or agency.
‘‘(11) With respect to any report issued under paragraph (6),
a member may submit dissenting views to be submitted as part
of the report of the Working Group.’’.

Reports.

Reports.

Reports.

SEC. 2415. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR TIBETANS AND BURMESE.

(a) IN GENERAL.—Section 103(b)(1) of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (Public
Law 104–319; 22 U.S.C. 2151 note) is amended—
(1) by striking ‘‘for fiscal year 1997’’ and inserting ‘‘for
the fiscal year 1999’’; and

22 USC 2452
note.

112 STAT. 2681–835

22 USC 2452
note.

PUBLIC LAW 105–277—OCT. 21, 1998

(2) by inserting after ‘‘who are outside Tibet’’ the following:
‘‘(if practicable, including individuals active in the preservation
of Tibet’s unique culture, religion, and language)’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on October 1, 1998.
SEC. 2416. SURROGATE BROADCASTING STUDY.

Not later than 6 months after the date of enactment of this
Act, the Broadcasting Board of Governors, acting through the International Broadcasting Bureau, should conduct and complete a study
of the appropriateness, feasibility, and projected costs of providing
surrogate broadcasting service to Africa and transmit the results
of the study to the appropriate congressional committees.
SEC. 2417. RADIO BROADCASTING TO IRAN IN THE FARSI LANGUAGE.

(a) RADIO FREE IRAN.—Not more than $2,000,000 of the funds
made available under section 2401(a)(4) of this division for each
of the fiscal years 1998 and 1999 for grants to RFE/RL, Incorporated, shall be available only for surrogate radio broadcasting
by RFE/RL, Incorporated, to the Iranian people in the Farsi language, such broadcasts to be designated as ‘‘Radio Free Iran’’.
(b) REPORT TO CONGRESS.—Not later than 60 days after the
date of enactment of this Act, the Broadcasting Board of Governors
of the United States Information Agency shall submit a detailed
report to Congress describing the costs, implementation, and plans
for creation of the surrogate broadcasting service described in subsection (a).
(c) AVAILABILITY OF FUNDS.—None of the funds made available
under subsection (a) may be made available until submission of
the report required under subsection (b).
22 USC 1474
note.

SEC. 2418. AUTHORITY TO ADMINISTER SUMMER TRAVEL AND WORK
PROGRAMS.

The Director of the United States Information Agency is authorized to administer summer travel and work programs without
regard to preplacement requirements.
SEC. 2419. PERMANENT ADMINISTRATIVE AUTHORITIES REGARDING
APPROPRIATIONS.

Section 701(f) of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1476(f)) is amended by striking
paragraph (4).
22 USC 6202
note.

SEC. 2420. VOICE OF AMERICA BROADCASTS.

(a) IN GENERAL.—The Voice of America shall devote programming each day to broadcasting information on the individual States
of the United States. The broadcasts shall include—
(1) information on the products, tourism, and cultural and
educational facilities of each State;
(2) information on the potential for trade with each State;
and
(3) discussions with State officials with respect to the matters described in paragraphs (1) and (2).
(b) REPORT.—Not later than one year after the date of enactment of this Act, the Broadcasting Board of Governors of the United
States Information Agency shall submit a report to Congress detailing the actions that have been taken to carry out subsection (a).

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–836

(c) STATE DEFINED.—In this section, the term ‘‘State’’ means
any of the several States of the United States, the District of
Columbia, or any commonwealth or territory of the United States.
TITLE XXV—INTERNATIONAL ORGANIZATIONS OTHER
THAN UNITED NATIONS
SEC. 2501. INTERNATIONAL CONFERENCES AND CONTINGENCIES.

There are authorized to be appropriated for ‘‘International Conferences and Contingencies’’, $6,537,000 for the fiscal year 1998
and $16,223,000 for the fiscal year 1999 for the Department of
State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States
with respect to international conferences and contingencies and
to carry out other authorities in law consistent with such purposes.
SEC. 2502. RESTRICTION RELATING TO UNITED STATES ACCESSION
TO ANY NEW INTERNATIONAL CRIMINAL TRIBUNAL.

22 USC 262–1.

(a) PROHIBITION.—The United States shall not become a party
to any new international criminal tribunal, nor give legal effect
to the jurisdiction of such a tribunal over any matter described
in subsection (b), except pursuant to—
(1) a treaty made under Article II, section 2, clause 2
of the Constitution of the United States on or after the date
of enactment of this Act; or
(2) any statute enacted by Congress on or after the date
of enactment of this Act.
(b) JURISDICTION DESCRIBED.—The jurisdiction described in this
section is jurisdiction over—
(1) persons found, property located, or acts or omissions
committed, within the territory of the United States; or
(2) nationals of the United States, wherever found.
(c) STATUTORY CONSTRUCTION.—Nothing in this section precludes sharing information, expertise, or other forms of assistance
with such tribunal.
(d) DEFINITION.—The term ‘‘new international criminal tribunal’’ means any permanent international criminal tribunal established on or after the date of enactment of this Act and does
not include—
(1) the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International
Humanitarian Law in the Territory of the Former Yugoslavia,
as established by United Nations Security Council Resolution
827 of May 25, 1993; or
(2) the International Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations
of International Humanitarian Law Committed in the Territory
of Rwanda and Rwandan Citizens Responsible for Genocide
and Other Such Violations Committed in the Territory of
Neighboring States, as established by United Nations Security
Council Resolution 955 of November 8, 1994.
SEC. 2503. UNITED STATES MEMBERSHIP IN THE BUREAU OF THE
INTERPARLIAMENTARY UNION.

22 USC 276 note.

(a) INTERPARLIAMENTARY UNION LIMITATION.—Unless the Secretary of State certifies to Congress that the United States will
be assessed not more than $500,000 for its annual contribution
to the Bureau of the Interparliamentary Union during fiscal year

Certification.
Effective date.

112 STAT. 2681–837

22 USC 276 note.

PUBLIC LAW 105–277—OCT. 21, 1998

1999, then effective October 1, 1999, the authority for further
participation by the United States in the Bureau shall terminate
in accordance with subsection (d).
(b) ELIMINATION OF AUTHORITY TO PAY EXPENSES OF THE AMERICAN GROUP.—Section 1 of the Act entitled ‘‘An Act to authorize
participation by the United States in the Interparliamentary
Union’’, approved June 28, 1935 (22 U.S.C. 276) is amended—
(1) in the first sentence—
(A) by striking ‘‘fiscal year’’ and all that follows through
‘‘(1) for’’ and inserting ‘‘fiscal year for’’;
(B) by striking ‘‘; and’’; and
(C) by striking paragraph (2); and
(2) by striking the second sentence.
(c) ELIMINATION OF PERMANENT APPROPRIATION.—Section 303
of the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1988 (as contained in
section 101(a) of the Continuing Appropriations Act, 1988 (Public
Law 100–202; 22 U.S.C. 276 note)) is amended—
(1) by striking ‘‘$440,000’’ and inserting ‘‘$350,000’’; and
(2) by striking ‘‘paragraph (2) of the first section of Public
Law 74–170,’’.
(d) CONDITIONAL TERMINATION OF AUTHORITY.—Unless Congress receives the certification described in subsection (a) before
October 1, 1999, effective on that date the Act entitled ‘‘An Act
to authorize participation by the United States in the Interparliamentary Union’’, approved June 28, 1935 (22 U.S.C. 276–
276a–4) is repealed.
(e) TRANSFER OF FUNDS TO THE TREASURY.—Unobligated balances of appropriations made under section 303 of the Departments
of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act 1988 (as contained in section 101(a) of
the Continuing Appropriations Act, 1988; Public Law 100–202) that
are available as of the day before the date of enactment of this
Act shall be transferred on such date to the general fund of the
Treasury of the United States.
SEC. 2504. SERVICE IN INTERNATIONAL ORGANIZATIONS.

5 USC 3582 note.

5 USC 5707 note.

(a) IN GENERAL.—Section 3582(b) of title 5, United States Code,
is amended by striking all after the first sentence and inserting
the following: ‘‘On reemployment, an employee entitled to the benefits of subsection (a) is entitled to the rate of basic pay to which
the employee would have been entitled had the employee remained
in the civil service. On reemployment, the agency shall restore
the sick leave account of the employee, by credit or charge, to
its status at the time of transfer. The period of separation caused
by the employment of the employee with the international organization and the period necessary to effect reemployment are deemed
creditable service for all appropriate civil service employment purposes. This subsection does not apply to a congressional employee.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to transfers that take effect on or after
the date of enactment of this Act.
SEC. 2505. REPORTS REGARDING FOREIGN TRAVEL.

(a) PROHIBITION.—Except as provided in subsection (e), none
of the funds authorized to be appropriated by this division for
fiscal year 1999 may be used to pay for the expenses of foreign
travel by an officer or employee of an Executive branch agency

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–838

to attend an international conference, or for the routine services
that a United States diplomatic mission or consular post provides
in support of foreign travel by such an officer or employee to
attend an international conference, unless that officer or employee
has submitted a preliminary report with respect to that foreign
travel in accordance with subsection (b), and has not previously
failed to submit a final report with respect to foreign travel to
attend an international conference required by subsection (c).
(b) PRELIMINARY REPORTS.—A preliminary report referred to
in subsection (a) is a report by an officer or employee of an Executive
branch agency with respect to proposed foreign travel to attend
an international conference, submitted to the Director prior to
commencement of the travel, setting forth—
(1) the name and employing agency of the officer or
employee;
(2) the name of the official who authorized the travel;
and
(3) the purpose and duration of the travel.
(c) FINAL REPORTS.—A final report referred to in subsection
(a) is a report by an officer or employee of an Executive branch
agency with respect to foreign travel to attend an international
conference, submitted to the Director not later than 30 days after
the conclusion of the travel—
(1) setting forth the actual duration and cost of the travel;
and
(2) updating any other information included in the preliminary report.
(d) REPORT TO CONGRESS.—The Director shall submit a report
not later than April 1, 1999, to the Committees on Foreign Relations
and Appropriations of the Senate and the Committees on International Relations and Appropriations of the House of Representatives, setting forth with respect to each international conference
for which reports described in subsection (c) were required to be
submitted to the Director during the preceding six months—
(1) the names and employing agencies of all officers and
employees of Executive branch agencies who attended the international conference;
(2) the names of all officials who authorized travel to the
international conference, and the total number of officers and
employees who were authorized to travel to the conference
by each such official; and
(3) the total cost of travel by officers and employees of
Executive branch agencies to the international conference.
(e) EXCEPTIONS.—This section shall not apply to travel by—
(1) the President or the Vice President;
(2) any officer or employee who is carrying out an intelligence or intelligence-related activity, who is performing a
protective function, or who is engaged in a sensitive diplomatic
mission; or
(3) any officer or employee who travels prior to January
1, 1999.
(f) DEFINITIONS.—In this section:
(1) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Office of International Conferences of the Department
of State.
(2) EXECUTIVE BRANCH AGENCY.—The terms ‘‘Executive
branch agency’’ and ‘‘Executive branch agencies’’ mean—

112 STAT. 2681–839

PUBLIC LAW 105–277—OCT. 21, 1998

(A) an entity or entities, other than the General
Accounting Office, defined in section 105 of title 5, United
States Code; and
(B) the Executive Office of the President (except as
provided in subsection (e)).
(3) INTERNATIONAL CONFERENCE.—The term ‘‘international
conference’’ means any meeting held under the auspices of
an international organization or foreign government, at which
representatives of more than two foreign governments are
expected to be in attendance, and to which United States Executive branch agencies will send a total of ten or more representatives.
(g) REPORT.—Not later than 180 days after the date of enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report
describing—
(1) the total Federal expenditure of all official international
travel in each Executive branch agency during the previous
fiscal year; and
(2) the total number of individuals in each agency who
engaged in such travel.
TITLE XXVI—UNITED STATES ARMS CONTROL AND
DISARMAMENT AGENCY
SEC. 2601. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out the purposes of the Arms Control and Disarmament Act $41,500,000 for
the fiscal year 1999.
SEC. 2602. STATUTORY CONSTRUCTION.

Section 303 of the Arms Control and Disarmament Act (22
U.S.C. 2573), as redesignated by section 2223 of this division,
is amended by adding at the end the following new subsection:
‘‘(c) STATUTORY CONSTRUCTION.—Nothing contained in this
chapter shall be construed to authorize any policy or action by
any Government agency which would interfere with, restrict, or
prohibit the acquisition, possession, or use of firearms by an individual for the lawful purpose of personal defense, sport, recreation,
education, or training.’’.
European
Security Act of
1998.
22 USC 1928
note.

TITLE XXVII—EUROPEAN SECURITY ACT OF 1998
SEC. 2701. SHORT TITLE.

This title may be cited as the ‘‘European Security Act of 1998’’.
SEC. 2702. STATEMENT OF POLICY.

(a) POLICY WITH RESPECT TO NATO ENLARGEMENT.—Congress
urges the President to outline a clear and complete strategic rationale for the enlargement of the North Atlantic Treaty Organization
(NATO), and declares that—
(1) Poland, Hungary, and the Czech Republic should not
be the last emerging democracies in Central and Eastern
Europe invited to join NATO;
(2) the United States should ensure that NATO continues
a process whereby all other emerging democracies in Central
and Eastern Europe that wish to join NATO will be considered

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–840

for membership in NATO as soon as they meet the criteria
for such membership;
(3) the United States should ensure that no limitations
are placed on the numbers of NATO troops or types of equipment, including tactical nuclear weapons, to be deployed on
the territory of new member states;
(4) the United States should reject all efforts to condition
NATO decisions on review or approval by the United Nations
Security Council;
(5) the United States should clearly delineate those NATO
deliberations, including but not limited to discussions on arms
control, further Alliance enlargement, procurement matters,
and strategic doctrine, that are not subject to review or discussion in the NATO-Russia Permanent Joint Council;
(6) the United States should work to ensure that countries
invited to join the Alliance are provided an immediate seat
in NATO discussions; and
(7) the United States already pays more than a proportionate share of the costs of the common defense of Europe
and should obtain, in advance, agreement on an equitable distribution of the cost of NATO enlargement to ensure that
the United States does not continue to bear a disproportionate
burden.
(b) POLICY WITH RESPECT TO NEGOTIATIONS WITH RUSSIA.—
(1) IMPLEMENTATION.—NATO enlargement should be carried out in such a manner as to underscore the Alliance’s
defensive nature and demonstrate to Russia that NATO
enlargement will enhance the security of all countries in
Europe, including Russia. Accordingly, the United States and
its NATO allies should make this intention clear in negotiations
with Russia, including negotiations regarding adaptation of
the Conventional Armed Forces in Europe (CFE) Treaty of
November 19, 1990.
(2) LIMITATIONS ON COMMITMENTS TO RUSSIA.—In seeking
to demonstrate to Russia NATO’s defensive and securityenhancing intentions, it is essential that neither fundamental
United States security interests in Europe nor the effectiveness
and flexibility of NATO as a defensive alliance be jeopardized.
In particular, no commitments should be made to Russia that
would have the effect of—
(A) extending rights or imposing responsibilities on
new NATO members different from those applicable to
current NATO members, including rights or responsibilities
with respect to the deployment of nuclear weapons and
the stationing of troops and equipment from other NATO
members;
(B) limiting the ability of NATO to defend the territory
of new NATO members by, for example, restricting the
construction of defense infrastructure or limiting the ability
of NATO to deploy necessary reinforcements;
(C) providing any international organization, or any
country that is not a member of NATO, with authority
to delay, veto, or otherwise impede deliberations and
decisions of the North Atlantic Council or the implementation of such decisions, including deliberations and decisions
with respect to the deployment of NATO forces or the
admission of additional members to NATO;

112 STAT. 2681–841

PUBLIC LAW 105–277—OCT. 21, 1998

(D) impeding the development of enhanced relations
between NATO and other European countries that do not
belong to the Alliance;
(E) establishing a nuclear weapons-free zone in Central
or Eastern Europe;
(F) requiring NATO to subsidize Russian arms sales,
service, or support to the militaries of those former Warsaw
Pact countries invited to join the Alliance; or
(G) legitimizing Russian efforts to link concessions in
arms control negotiations to NATO enlargement.
(3) COMMITMENTS FROM RUSSIA.—In order to enhance security and stability in Europe, the United States should seek
commitments from Russia—
(A) to demarcate and respect all its borders with
neighboring states;
(B) to achieve the immediate and complete withdrawal
of any armed forces and military equipment under the
control of Russia that are deployed on the territories of
the independent states of the former Soviet Union without
the full and complete agreement of those states;
(C) to station its armed forces on the territory of other
states only with the full and complete agreement of that
state and in strict accordance with international law; and
(D) to take steps to reduce further its nuclear and
conventional forces in Kaliningrad.
(4) CONSULTATIONS.—As negotiations on adaptation of the
Treaty on Conventional Armed Forces in Europe proceed, the
United States should engage in close and continuous consultations not only with its NATO allies, but also with the emerging
democracies of Central and Eastern Europe, Ukraine, and the
South Caucasus.
(c) POLICY WITH RESPECT TO BALLISTIC MISSILE DEFENSE
COOPERATION.—
(1) IN GENERAL.—As the United States proceeds with efforts
to develop defenses against ballistic missile attack, it should
seek to foster a climate of cooperation with Russia on matters
related to missile defense. In particular, the United States
and its NATO allies should seek to cooperate with Russia
in such areas as early warning.
(2) DISCUSSIONS WITH NATO ALLIES.—The United States
should initiate discussions with its NATO allies for the purpose
of examining the feasibility of deploying a ballistic missile
defense capable of protecting NATO’s southern and eastern
flanks from a limited ballistic missile attack.
(3) CONSTITUTIONAL PREROGATIVES.—Even as the Congress
seeks to promote ballistic missile defense cooperation with Russia, it must insist on its constitutional prerogatives regarding
consideration of arms control agreements with Russia that bear
on ballistic missile defense.
SEC. 2703. AUTHORITIES RELATING TO NATO ENLARGEMENT.

(a) POLICY OF SECTION.—This section is enacted in order to
implement the policy set forth in section 2702(a).
(b) DESIGNATION OF ADDITIONAL COUNTRIES ELIGIBLE FOR
NATO ENLARGEMENT ASSISTANCE.—
(1) DESIGNATION OF ADDITIONAL COUNTRIES.—Romania,
Estonia, Latvia, Lithuania, and Bulgaria are each designated

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–842

as eligible to receive assistance under the program established
under section 203(a) of the NATO Participation Act of 1994
(22 U.S.C. 1928 note) and shall be deemed to have been so
designated pursuant to section 203(d)(1) of such Act.
(2) RULE OF CONSTRUCTION.—The designation of countries
pursuant to paragraph (1) as eligible to receive assistance under
the program established under section 203(a) of the NATO
Participation Act of 1994—
(A) is in addition to the designation of other countries
by law or pursuant to section 203(d)(2) of such Act as
eligible to receive assistance under the program established
under section 203(a) of such Act; and
(B) shall not preclude the designation by the President
of other emerging democracies in Central and Eastern
Europe pursuant to section 203(d)(2) of such Act as eligible
to receive assistance under the program established under
section 203(a) of such Act.
(3) SENSE OF CONGRESS.—It is the sense of Congress that
Romania, Estonia, Latvia, Lithuania, and Bulgaria—
(A) are to be commended for their progress toward
political and economic reform and meeting the guidelines
for prospective NATO members;
(B) would make an outstanding contribution to furthering the goals of NATO and enhancing stability, freedom,
and peace in Europe should they become NATO members;
and
(C) upon complete satisfaction of all relevant criteria
should be invited to become full NATO members at the
earliest possible date.
(c) REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR PEACE
INFORMATION MANAGEMENT SYSTEM.—
(1) IN GENERAL.—Funds described in paragraph (2) are
authorized to be made available to support the implementation
of the Regional Airspace Initiative and the Partnership for
Peace Information Management System, including—
(A) the procurement of items in support of these programs; and
(B) the transfer of such items to countries participating
in these programs.
(2) FUNDS DESCRIBED.—Funds described in this paragraph
are funds that are available—
(A) during any fiscal year under the NATO Participation Act of 1994 with respect to countries eligible for assistance under that Act; or
(B) during fiscal year 1998 under any Act to carry
out the Warsaw Initiative.
(d) EXTENSION OF AUTHORITY REGARDING EXCESS DEFENSE
ARTICLES.—Section 105 of Public Law 104–164 (110 Stat. 1427)
is amended by striking ‘‘1996 and 1997’’ and inserting ‘‘1997, 1998,
and 1999’’.
(e) CONFORMING AMENDMENTS TO THE NATO PARTICIPATION
ACT OF 1994.—Section 203(c) of the NATO Participation Act of
1994 (22 U.S.C. 1928 note) is amended—
(1) in paragraph (1), by striking ‘‘, without regard to the
restrictions’’ and all that follows through ‘‘section)’’;
(2) by striking paragraph (2);

112 STAT. 2681–843

PUBLIC LAW 105–277—OCT. 21, 1998

(3) in paragraph (6), by striking ‘‘appropriated under the
‘Nonproliferation and Disarmament Fund’ account’’ and inserting ‘‘made available for the ‘Nonproliferation and Disarmament
Fund’ ’’; and
(4) in paragraph (8)—
(A) by striking ‘‘any restrictions in sections 516 and
519’’ and inserting ‘‘section 516(e)’’;
(B) by striking ‘‘as amended,’’; and
(C) by striking ‘‘paragraphs (1) and (2)’’ and inserting
‘‘paragraph (1)’’; and
(5) by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively.
SEC. 2704. SENSE OF CONGRESS WITH RESPECT TO THE TREATY ON
CONVENTIONAL ARMED FORCES IN EUROPE.

It is the sense of Congress that no revisions to the Treaty
on Conventional Armed Forces in Europe will be approved for
entry into force with respect to the United States that jeopardize
fundamental United States security interests in Europe or the
effectiveness and flexibility of NATO as a defensive alliance by—
(1) extending rights or imposing responsibilities on new
NATO members different from those applicable to current
NATO members, including rights or responsibilities with
respect to the deployment of nuclear weapons and the stationing
of troops and equipment from other NATO members;
(2) limiting the ability of NATO to defend the territory
of new NATO members by, for example, restricting the construction of defense infrastructure or limiting the ability of NATO
to deploy necessary reinforcements;
(3) providing any international organization, or any country
that is not a member of NATO, with the authority to delay,
veto, or otherwise impede deliberations and decisions of the
North Atlantic Council or the implementation of such decisions,
including deliberations and decisions with respect to the deployment of NATO forces or the admission of additional members
to NATO; or
(4) impeding the development of enhanced relations
between NATO and other European countries that do not belong
to the Alliance.
SEC. 2705. RESTRICTIONS AND REQUIREMENTS RELATING TO BALLISTIC MISSILE DEFENSE.

(a) POLICY OF SECTION.—This section is enacted in order to
implement the policy set forth in section 2702(c).
(b) RESTRICTION ON ENTRY INTO FORCE OF ABM/TMD
DEMARCATION AGREEMENTS.—An ABM/TMD demarcation agreement shall not be binding on the United States, and shall not
enter into force with respect to the United States, unless, after
the date of enactment of this Act, that agreement is specifically
approved with the advice and consent of the United States Senate
pursuant to Article II, section 2, clause 2 of the Constitution.
(c) SENSE OF CONGRESS WITH RESPECT TO DEMARCATION
AGREEMENTS.—
(1) RELATIONSHIP TO MULTILATERALIZATION OF ABM
TREATY.—It is the sense of Congress that no ABM/TMD
demarcation agreement will be considered for advice and consent to ratification unless, consistent with the certification of
the President pursuant to condition (9) of the resolution of

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–844

ratification of the CFE Flank Document, the President submits
for Senate advice and consent to ratification any agreement,
arrangement, or understanding that would—
(A) add one or more countries as State Parties to
the ABM Treaty, or otherwise convert the ABM Treaty
from a bilateral treaty to a multilateral treaty; or
(B) change the geographic scope or coverage of the
ABM Treaty, or otherwise modify the meaning of the term
‘‘national territory’’ as used in Article VI and Article IX
of the ABM Treaty.
(2) PRESERVATION OF UNITED STATES THEATER BALLISTIC
MISSILE DEFENSE POTENTIAL.—It is the sense of Congress that
no ABM/TMD demarcation agreement that would reduce the
capabilities of United States theater missile defense systems,
or the numbers or deployment patterns of such systems, will
be approved for entry into force with respect to the United
States.
(d) REPORT ON COOPERATIVE PROJECTS WITH RUSSIA.—Not later
than January 1, 1999, and January 1, 2000, the President shall
submit to the Committees on International Relations, National
Security, and Appropriations of the House of Representatives and
the Committees on Foreign Relations, Armed Services, and Appropriations of the Senate a report on cooperative projects with Russia
in the area of ballistic missile defense, including in the area of
early warning. Each such report shall include the following:
(1) COOPERATIVE PROJECTS.—A description of all cooperative projects conducted in the area of early warning and ballistic
missile defense during the preceding fiscal year and the fiscal
year during which the report is submitted.
(2) FUNDING.—A description of the funding for such projects
during the preceding fiscal year and the year during which
the report is submitted and the proposed funding for such
projects for the next fiscal year.
(3) STATUS OF DIALOGUE OR DISCUSSIONS.—A description
of the status of any dialogue or discussions conducted during
the preceding fiscal year between the United States and Russia
aimed at exploring the potential for mutual accommodation
of outstanding issues between the two nations on matters relating to ballistic missile defense and the ABM Treaty, including
the possibility of developing a strategic relationship not based
on mutual nuclear threats.
(e) DEFINITIONS.—In this section:
(1) ABM/TMD DEMARCATION AGREEMENT.—The term
‘‘ABM/TMD demarcation agreement’’ means any agreement
that establishes a demarcation between theater ballistic missile
defense systems and strategic antiballistic missile defense systems for purposes of the ABM Treaty.
(2) ABM TREATY.—The term ‘‘ABM Treaty’’ means the
Treaty Between the United States of America and the Union
of Soviet Socialist Republics on the Limitation of Anti-Ballistic
Missile Systems, signed at Moscow on May 26, 1972 (23 UST
3435), and includes the Protocols to that Treaty, signed at
Moscow on July 3, 1974 (27 UST 1645).

President.

112 STAT. 2681–845

PUBLIC LAW 105–277—OCT. 21, 1998

TITLE XXVIII—OTHER FOREIGN POLICY
PROVISIONS
SEC. 2801. REPORTS ON CLAIMS BY UNITED STATES FIRMS AGAINST
THE GOVERNMENT OF SAUDI ARABIA.

(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act and every 180 days thereafter, the Secretary of State, after consultation with the Secretary of Defense
and the Secretary of Commerce, shall submit a report to the appropriate congressional committees on specific actions taken by the
Department of State, the Department of Defense, and the Department of Commerce toward progress in resolving the commercial
disputes between United States firms and the Government of Saudi
Arabia that are described in the June 30, 1993, report by the
Secretary of Defense pursuant to section 9140(c) of the Department
of Defense Appropriations Act, 1993 (Public Law 102–396), including the additional claims noticed by the Department of Commerce
on page 2 of that report.
(b) TERMINATION.—Subsection (a) shall cease to have effect
on the earlier of—
(1) the date of submission of the third report under that
subsection; or
(2) the date that the Secretary of State, after consultation
with the Secretary of Defense and the Secretary of Commerce,
certifies in writing to the appropriate congressional committees
that the commercial disputes referred to in subsection (a) have
been resolved satisfactorily.
SEC. 2802. REPORTS ON DETERMINATIONS UNDER TITLE IV OF THE
LIBERTAD ACT.

(a) REPORTS REQUIRED.—Not later than 30 days after the date
of the enactment of this Act and every 3 months thereafter during
the period ending September 30, 1999, the Secretary of State shall
submit to the appropriate congressional committees a report on
the implementation of section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6091). Each
report shall include—
(1) an unclassified list, by economic sector, of the number
of entities then under review pursuant to that section;
(2) an unclassified list of all entities and a classified list
of all individuals that the Secretary of State has determined
to be subject to that section;
(3) an unclassified list of all entities and a classified list
of all individuals that the Secretary of State has determined
are no longer subject to that section;
(4) an explanation of the status of the review underway
for the cases referred to in paragraph (1); and
(5) an unclassified explanation of each determination of
the Secretary of State under section 401(a) of that Act and
each finding of the Secretary under section 401(c) of that Act—
(A) since the date of the enactment of this Act, in
the case of the first report under this subsection; and
(B) in the preceding 3-month period, in the case of
each subsequent report.

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112 STAT. 2681–846

(b) PROTECTION OF IDENTITY OF CONCERNED ENTITIES.—In
preparing the report under subsection (a), the names of entities
shall not be identified under paragraph (1) or (4).
SEC. 2803. REPORT ON COMPLIANCE WITH THE HAGUE CONVENTION
ON INTERNATIONAL CHILD ABDUCTION.

(a) IN GENERAL.—Beginning 6 months after the date of the
enactment of this Act and every 12 months thereafter during the
period ending September 30, 1999, the Secretary of State shall
submit a report to the appropriate congressional committees on
the compliance with the provisions of the Convention on the Civil
Aspects of International Child Abduction, done at The Hague on
October 25, 1980, by the signatory countries of the Convention.
Each such report shall include the following information:
(1) The number of applications for the return of children
submitted by United States citizens to the Central Authority
for the United States that remain unresolved more than 18
months after the date of filing.
(2) A list of the countries to which children in unresolved
applications described in paragraph (1) are alleged to have
been abducted.
(3) A list of the countries that have demonstrated a pattern
of noncompliance with the obligations of the Convention with
respect to applications for the return of children submitted
by United States citizens to the Central Authority for the
United States.
(4) Detailed information on each unresolved case described
in paragraph (1) and on actions taken by the Department
of State to resolve each such case.
(5) Information on efforts by the Department of State to
encourage other countries to become signatories of the Convention.
(b) DEFINITION.—In this section, the term ‘‘Central Authority
for the United States’’ has the meaning given the term in Article
6 of the Convention on the Civil Aspects of International Child
Abduction, done at The Hague on October 25, 1980.
SEC. 2804. SENSE OF CONGRESS RELATING TO RECOGNITION OF THE
ECUMENICAL PATRIARCHATE BY THE GOVERNMENT OF
TURKEY.

It is the sense of Congress that the United States should
use its influence with the Government of Turkey to suggest that
the Government of Turkey—
(1) recognize the Ecumenical Patriarchate and its nonpolitical, religious mission;
(2) ensure the continued maintenance of the institution’s
physical security needs, as provided for under Turkish and
international law, including the Treaty of Lausanne, the 1968
Protocol, the Helsinki Final Act (1975), and the Charter of
Paris;
(3) provide for the proper protection and safety of the
Ecumenical Patriarch and Patriarchate personnel; and
(4) reopen the Ecumenical Patriarchate’s Halki Patriarchal
School of Theology.
SEC. 2805. REPORT ON RELATIONS WITH VIETNAM.

In order to provide Congress with the necessary information
by which to evaluate the relationship between the United States

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PUBLIC LAW 105–277—OCT. 21, 1998

and Vietnam, the Secretary of State shall submit a report to the
appropriate congressional committees, not later than 90 days after
the date of enactment of this Act and every 180 days thereafter
during the period ending September 30, 1999, on the extent to
which—
(1) the Government of the Socialist Republic of Vietnam
is cooperating with the United States in providing the fullest
possible accounting of all unresolved cases of prisoners of war
(POWs) or persons missing-in-action (MIAs) through the provision of records and the unilateral and joint recovery and repatriation of American remains;
(2) the Government of the Socialist Republic of Vietnam
has made progress toward the release of all political and religious prisoners, including Catholic, Protestant, and Buddhist
clergy;
(3) the Government of the Socialist Republic of Vietnam
is cooperating with requests by the United States to obtain
full and free access to persons of humanitarian interest to
the United States for interviews under the Orderly Departure
(ODP) and Resettlement Opportunities for Vietnamese Refugees
(ROVR) programs, and in providing exit visas for such persons;
(4) the Government of the Socialist Republic of Vietnam
has taken vigorous action to end extortion, bribery, and other
corrupt practices in connection with such exit visas; and
(5) the Government of the United States is making vigorous
efforts to interview and resettle former reeducation camp victims, their immediate families including unmarried sons and
daughters, former United States Government employees, and
other persons eligible for the ODP program, and to give such
persons the full benefit of all applicable United States laws
including sections 599D and 599E of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act
of 1990 (Public Law 101–167).
SEC. 2806. REPORTS AND POLICY CONCERNING HUMAN RIGHTS VIOLATIONS IN LAOS.

Not later than 180 days after the date of enactment of this
Act, the Secretary of State shall submit a report to the appropriate
congressional committees on the allegations of persecution and
abuse of the Hmong and Laotian refugees who have returned to
Laos. The report shall include the following:
(1) A full investigation, including full documentation of
individual cases of persecution, of the Lao Government’s treatment of Hmong and Laotian refugees who have returned to
Laos.
(2) The steps the Department of State will take to continue
to monitor any systematic human rights violations by the
Government of Laos.
(3) The actions which the Department of State will take
to seek to ensure the cessation of human rights violations.
SEC. 2807. REPORT ON AN ALLIANCE AGAINST NARCOTICS TRAFFICKING IN THE WESTERN HEMISPHERE.

(a) SENSE OF CONGRESS ON DISCUSSIONS FOR ALLIANCE.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that
the President should discuss with the democratically-elected
governments of the Western Hemisphere, the prospect of

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–848

forming a multilateral alliance to address problems relating
to international drug trafficking in the Western Hemisphere.
(2) CONSULTATIONS.—In the consultations on the prospect
of forming an alliance described in paragraph (1), the President
should seek the input of such governments on the possibility
of forming one or more structures within the alliance—
(A) to develop a regional, multilateral strategy to
address the threat posed to nations in the Western Hemisphere by drug trafficking; and
(B) to establish a new mechanism for improving multilateral coordination of drug interdiction and drug-related
law enforcement activities in the Western Hemisphere.
(b) REPORT.—
(1) REQUIREMENT.—Not later than 60 days after the date
of enactment of this Act, the President shall submit to Congress
a report on the proposal discussed under subsection (a). The
report shall include the following:
(A) An analysis of the reactions of the governments
concerned to the proposal.
(B) An assessment of the proposal, including an evaluation of the feasibility and advisability of forming the alliance.
(C) A determination in light of the analysis and assessment whether or not the formation of the alliance is in
the national interests of the United States.
(D) If the President determines that the formation
of the alliance is in the national interests of the United
States, a plan for encouraging and facilitating the formation
of the alliance.
(E) If the President determines that the formation
of the alliance is not in the national interests of the United
States, an alternative proposal to improve significantly
efforts against the threats posed by narcotics trafficking
in the Western Hemisphere, including an explanation of
how the alternative proposal will—
(i) improve upon current cooperation and coordination of counter-drug efforts among nations in the Western Hemisphere;
(ii) provide for the allocation of the resources
required to make significant progress in disrupting
and disbanding the criminal organizations responsible
for the trafficking of illegal drugs in the Western Hemisphere; and
(iii) differ from and improve upon past strategies
adopted by the United States Government which have
failed to make sufficient progress against the trafficking of illegal drugs in the Western Hemisphere.
(2) UNCLASSIFIED FORM.—The report under paragraph (1)
shall be submitted in unclassified form, but may contain a
classified annex.
SEC. 2808. CONGRESSIONAL STATEMENT REGARDING THE ACCESSION
OF TAIWAN TO THE WORLD TRADE ORGANIZATION.

(a) FINDINGS.—The Congress makes the following findings:
(1) The people of the United States and the people of
the Republic of China on Taiwan have long enjoyed extensive
ties.

President.

112 STAT. 2681–849

PUBLIC LAW 105–277—OCT. 21, 1998

(2) Taiwan is currently the 8th largest trading partner
of the United States.
(3) The executive branch of Government has committed
publicly to support Taiwan’s bid to join the World Trade
Organization and has declared that the United States will
not oppose this bid solely on the grounds that the People’s
Republic of China, which also seeks membership in the World
Trade Organization, is not yet eligible because of its unacceptable trade practices.
(4) The United States and Taiwan have concluded discussions on a variety of outstanding trade issues that remain
unresolved with the People’s Republic of China and that are
necessary for the United States to support Taiwan’s membership in the World Trade Organization.
(5) The reversion of control over Hong Kong—a member
of the World Trade Organization—to the People’s Republic of
China in many respects affords to the People’s Republic of
China the practical benefit of membership in the World Trade
Organization for a substantial portion of its trade in goods
despite the fact that the trade practices of the People’s Republic
of China currently fall far short of what the United States
expects for membership in the World Trade Organization.
(6) The executive branch of Government has announced
its interest in the admission of the People’s Republic of China
to the World Trade Organization; the fundamental sense of
fairness of the people of the United States warrants the United
States Government’s support for Taiwan’s relatively more meritorious application for membership in the World Trade
Organization.
(7) Despite having made significant progress in negotiations
for its accession to the World Trade Organization, Taiwan
has yet to offer acceptable terms of accession in agricultural
and certain other market sectors.
(8) It is in the economic interest of United States consumers
and exporters for Taiwan to complete those requirements for
accession to the World Trade Organization at the earliest possible moment.
(b) CONGRESSIONAL STATEMENT.—The Congress favors public
support by officials of the Department of State for the accession
of Taiwan to the World Trade Organization.
SEC. 2809. PROGRAMS OR PROJECTS OF THE INTERNATIONAL ATOMIC
ENERGY AGENCY IN CUBA.

Applicability.

(a) WITHHOLDING OF UNITED STATES PROPORTIONAL SHARE OF
ASSISTANCE.—Section 307(c) of the Foreign Assistance Act of 1961
(22 U.S.C. 2227(c)) is amended—
(1) by striking ‘‘The limitations’’ and inserting ‘‘(1) Subject
to paragraph (2), the limitations’’; and
(2) by adding at the end the following:
‘‘(2)(A) Except as provided in subparagraph (B), with respect
to funds authorized to be appropriated by this chapter and available
for the International Atomic Energy Agency, the limitations of
subsection (a) shall apply to programs or projects of such Agency
in Cuba.
‘‘(B)(i) Subparagraph (A) shall not apply with respect to programs or projects of the International Atomic Energy Agency that
provide for the discontinuation, dismantling, or safety inspection

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–850

of nuclear facilities or related materials, or for inspections and
similar activities designed to prevent the development of nuclear
weapons by a country described in subsection (a).
‘‘(ii) Clause (i) shall not apply with respect to the Juragua
Nuclear Power Plant near Cienfuegos, Cuba, or the Pedro Pi
Nuclear Research Center unless Cuba—
‘‘(I) ratifies the Treaty on the Non-Proliferation of Nuclear
Weapons (21 UST 483) or the Treaty for the Prohibition of
Nuclear Weapons in Latin America (commonly known as the
Treaty of Tlatelolco);
‘‘(II) negotiates full-scope safeguards of the International
Atomic Energy Agency not later than two years after ratification by Cuba of such Treaty; and
‘‘(III) incorporates internationally accepted nuclear safety
standards.’’.
(b) OPPOSITION TO CERTAIN PROGRAMS OR PROJECTS.—The Secretary of State shall direct the United States representative to
the International Atomic Energy Agency to oppose the following:
(1) Technical assistance programs or projects of the Agency
at the Juragua Nuclear Power Plant near Cienfuegos, Cuba,
and at the Pedro Pi Nuclear Research Center.
(2) Any other program or project of the Agency in Cuba
that is, or could become, a threat to the security of the United
States.
(c) REPORTING REQUIREMENTS.—
(1) REQUEST FOR IAEA REPORTS.—The Secretary of State
shall direct the United States representative to the International Atomic Energy Agency to request the Director-General
of the Agency to submit to the United States all reports prepared with respect to all programs or projects of the Agency
that are of concern to the United States, including the programs
or projects described in subsection (b).
(2) ANNUAL REPORTS TO THE CONGRESS.—Not later than
180 days after the date of the enactment of this Act, and
on an annual basis thereafter, the Secretary of State, in consultation with the United States representative to the International Atomic Energy Agency, shall prepare and submit to
the Congress a report containing a description of all programs
or projects of the Agency in each country described in section
307(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)).
SEC. 2810. LIMITATION ON ASSISTANCE TO COUNTRIES AIDING CUBA
NUCLEAR DEVELOPMENT.

(a) IN GENERAL.—Section 620 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2370), as amended by this division, is further
amended by adding at the end the following:
‘‘(y)(1) Except as provided in paragraph (2), the President shall
withhold from amounts made available under this Act or any other
Act and allocated for a country for a fiscal year an amount equal
to the aggregate value of nuclear fuel and related assistance and
credits provided by that country, or any entity of that country,
to Cuba during the preceding fiscal year.
‘‘(2) The requirement to withhold assistance for a country for
a fiscal year under paragraph (1) shall not apply if Cuba—
‘‘(A) has ratified the Treaty on the Non-Proliferation of
Nuclear Weapons (21 UST 483) or the Treaty of Tlatelelco,

22 USC 2021
note.

22 USC 2021
note.

112 STAT. 2681–851

22 USC 2370
note.

PUBLIC LAW 105–277—OCT. 21, 1998

and Cuba is in compliance with the requirements of either
such Treaty;
‘‘(B) has negotiated and is in compliance with full-scope
safeguards of the International Atomic Energy Agency not later
than two years after ratification by Cuba of such Treaty; and
‘‘(C) incorporates and is in compliance with internationally
accepted nuclear safety standards.
‘‘(3) The Secretary of State shall prepare and submit to the
Congress each year a report containing a description of the amount
of nuclear fuel and related assistance and credits provided by any
country, or any entity of a country, to Cuba during the preceding
year, including the terms of each transfer of such fuel, assistance,
or credits.’’.
(b) EFFECTIVE DATE.—Section 620(y) of the Foreign Assistance
Act of 1961, as added by subsection (a), shall apply with respect
to assistance provided in fiscal years beginning on or after the
date of the enactment of this Act.
SEC. 2811. INTERNATIONAL FUND FOR IRELAND.

(a) PURPOSES.—Section 2(b) of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99–415; 100 Stat. 947) is amended
by adding at the end the following new sentences: ‘‘United States
contributions should be used in a manner that effectively increases
employment opportunities in communities with rates of unemployment higher than the local or urban average of unemployment
in Northern Ireland. In addition, such contributions should be used
to benefit individuals residing in such communities.’’.
(b) CONDITIONS AND UNDERSTANDINGS.—Section 5(a) of such
Act is amended—
(1) in the first sentence—
(A) by striking ‘‘The United States’’ and inserting the
following:
‘‘(1) IN GENERAL.—The United States’’;
(B) by striking ‘‘in this Act may be used’’ and inserting
the following: ‘‘in this Act—
‘‘(A) may be used’’;
(C) by striking the period and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(B) should be provided to individuals or entities in
Northern Ireland which employ practices consistent with
the principles of economic justice.’’; and
(2) in the second sentence, by striking ‘‘The restrictions’’
and inserting the following:
‘‘(2) ADDITIONAL REQUIREMENTS.—The restrictions’’.
(c) PRIOR CERTIFICATIONS.—Section 5(c)(2) of such Act is
amended—
(1) in subparagraph (A), by striking ‘‘in accordance with
the principle of equality’’ and all that follows and inserting
‘‘to individuals and entities whose practices are consistent with
principles of economic justice; and’’; and
(2) in subparagraph (B), by inserting before the period
at the end the following: ‘‘and will create employment
opportunities in regions and communities of Northern Ireland
suffering from high rates of unemployment’’.
(d) ANNUAL REPORTS.—Section 6 of such Act is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the end;

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–852

(2) in paragraph (3), by striking the period and inserting
‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) the extent to which the practices of each individual
or entity receiving assistance from United States contributions
to the International Fund has been consistent with the principles of economic justice.’’.
(e) REQUIREMENTS RELATING TO FUNDS.—Section 7 of such
Act is amended by adding at the end the following:
‘‘(c) PROHIBITION.—Nothing included herein shall require quotas
or reverse discrimination or mandate their use.’’.
(f) DEFINITIONS.—Section 8 of such Act is amended—
(1) in paragraph (1), by striking ‘‘and’’ at the end;
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) the term ‘principles of economic justice’ means the
following principles:
‘‘(A) Increasing the representation of individuals from
underrepresented religious groups in the workforce, including managerial, supervisory, administrative, clerical, and
technical jobs.
‘‘(B) Providing adequate security for the protection of
minority employees at the workplace.
‘‘(C) Banning provocative sectarian or political emblems
from the workplace.
‘‘(D) Providing that all job openings be advertised publicly and providing that special recruitment efforts be made
to attract applicants from underrepresented religious
groups.
‘‘(E) Providing that layoff, recall, and termination
procedures do not favor a particular religious group.
‘‘(F) Abolishing job reservations, apprenticeship restrictions, and differential employment criteria which discriminate on the basis of religion.
‘‘(G) Providing for the development of training programs that will prepare substantial numbers of minority
employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train,
upgrade, and improve the skills of minority employees.
‘‘(H) Establishing procedures to assess, identify, and
actively recruit minority employees with the potential for
further advancement.
‘‘(I) Providing for the appointment of a senior management staff member to be responsible for the employment
efforts of the entity and, within a reasonable period of
time, the implementation of the principles described in
subparagraphs (A) through (H).’’.
SEC. 2812. SUPPORT FOR DEMOCRATIC OPPOSITION IN IRAQ.

(a) ASSISTANCE FOR JUSTICE IN IRAQ.—There are authorized
to be appropriated for fiscal year 1998 $3,000,000 for assistance
to an international commission to establish an international record
for the criminal culpability of Saddam Hussein and other Iraqi
officials and for an international criminal tribunal established for
the purpose of indicting, prosecuting, and punishing Saddam

112 STAT. 2681–853

PUBLIC LAW 105–277—OCT. 21, 1998

Hussein and other Iraqi officials responsible for crimes against
humanity, genocide, and other violations of international law.
(b) ASSISTANCE TO THE DEMOCRATIC OPPOSITION IN IRAQ.—
There are authorized to be appropriated for fiscal year 1998
$15,000,000 to provide support for democratic opposition forces
in Iraq, of which—
(1) not more than $10,000,000 shall be for assistance to
the democratic opposition, including leadership organization,
training political cadre, maintaining offices, disseminating
information, and developing and implementing agreements
among opposition elements; and
(2) not more than $5,000,000 of the funds made available
under this subsection shall be available only for grants to
RFE/RL, Incorporated, for surrogate radio broadcasting by RFE/
RL, Incorporated, to the Iraqi people in the Arabic language,
such broadcasts to be designated as ‘‘Radio Free Iraq’’.
(c) ASSISTANCE FOR HUMANITARIAN RELIEF AND RECONSTRUCTION.—There are authorized to be appropriated for fiscal year 1998
$20,000,000 for the relief, rehabilitation, and reconstruction of people living in Iraq, and communities located in Iraq, who are not
under the control of the Saddam Hussein regime.
(d) AVAILABILITY.—Amounts authorized to be appropriated by
this section shall be provided in addition to amounts otherwise
made available and shall remain available until expended.
(e) NOTIFICATION.—All assistance provided pursuant to this
section shall be notified to Congress in accordance with the procedures applicable to reprogramming notifications under section 634A
of the Foreign Assistance Act of 1961.
(f) RELATION TO OTHER LAWS.—Funds made available to carry
out the provisions of this section may be made available notwithstanding any other provision of law.
(g) REPORT.—Not later than 45 days after the date of enactment
of this Act, the Secretary of State and the Broadcasting Board
of Governors of the United States Information Agency shall submit
a detailed report to Congress describing—
(1) the costs, implementation, and plans for the establishment of an international war crimes tribunal described in subsection (a);
(2) the establishment of a political assistance program,
and the surrogate broadcasting service, as described in subsection (b); and
(3) the humanitarian assistance program described in subsection (c).
SEC. 2813. DEVELOPMENT OF DEMOCRACY IN THE REPUBLIC OF SERBIA.

(a) FINDINGS.—Congress makes the following findings:
(1) The United States stands as the beacon of democracy
and freedom in the world.
(2) A stable and democratic Republic of Serbia is important
to the interests of the United States, the international community, and to peace in the Balkans.
(3) Democratic forces in the Republic of Serbia are beginning to emerge, notwithstanding the efforts of Europe’s longeststanding communist dictator, Slobodan Milosevic.
(4) The Serbian authorities have sought to continue to
hinder the growth of free and independent news media in

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–854

the Republic of Serbia, in particular the broadcast news media,
and have harassed journalists performing their professional
duties.
(5) Under Slobodan Milosevic, the political opposition in
Serbia has been denied free, fair, and equal opportunity to
participate in the democratic process.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the United States, the international community, nongovernmental organizations, and the private sector should continue to promote the building of democratic institutions and
civic society in the Republic of Serbia, help strengthen the
independent news media, and press for the Government of
the Republic of Serbia to respect the rule of law; and
(2) the normalization of relations between the ‘‘Federal
Republic of Yugoslavia’’ (Serbia and Montenegro) and the
United States requires, among other things, that President
Milosevic and the leadership of Serbia—
(A) promote the building of democratic institutions,
including strengthening the independent news media and
respecting the rule of law;
(B) promote the respect for human rights throughout
the ‘‘Federal Republic of Yugoslavia’’ (Serbia and Montenegro); and
(C) promote and encourage free, fair, and equal conditions for the democratic opposition in Serbia.
DIVISION—H
SECTION 1. SHORT TITLE.

This Division may be cited as the ‘‘Depository Institution-GSE
Affiliation Act of 1998’’.
SEC. 2. CERTAIN AFFILIATION PERMITTED.

Section 18(s) of the Federal Deposit Insurance Act (12 U.S.C.
1828(s)) is amended—
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new paragraph:
‘‘(4) STUDENT LOANS.—
‘‘(A) IN GENERAL.—This subsection shall not apply to
any arrangement between the Holding Company (or any
subsidiary of the Holding Company other than the Student
Loan Marketing Association) and a depository institution,
if the Secretary approves the affiliation and determines
that—
‘‘(i) the reorganization of such Association in
accordance with section 440 of the Higher Education
Act of 1965, as amended, will not be adversely affected
by the arrangement;
‘‘(ii) the dissolution of the Association pursuant
to such reorganization will occur before the end of
the 2-year period beginning on the date on which such
arrangement is consummated or on such earlier date
as the Secretary deems appropriate: Provided, That
the Secretary may extend this period for not more
than 1 year at a time if the Secretary determines
that such extension is in the public interest and is

Depository
Institution–GSE
Affiliation Act of
1998.
12 USC 1811
note.

112 STAT. 2681–855

PUBLIC LAW 105–277—OCT. 21, 1998
appropriate to achieve an orderly reorganization of
the Association or to prevent market disruptions in
connection with such reorganization, but no such extensions shall in the aggregate exceed 2 years;
‘‘(iii) the Association will not purchase or extend
credit to, or guarantee or provide credit enhancement
to, any obligation of the depository institution;
‘‘(iv) the operations of the Association will be separate from the operations of the depository institution;
and
‘‘(v) until the ‘dissolution date’ (as that term is
defined in section 440 of the Higher Education Act
of 1965, as amended) has occurred, such depository
institution will not use the trade name or service mark
‘Sallie Mae’ in connection with any product or service
it offers if the appropriate Federal banking agency
for such depository institution determines that—
‘‘(I) the depository institution is the only
institution offering such product or service using
the ‘Sallie Mae’ name; and
‘‘(II) such use would result in the depository
institution having an unfair competitive advantage
over other depository institutions.
‘‘(B) TERMS AND CONDITIONS.—In approving any
arrangement referred to in subparagraph (A) the Secretary
may impose any terms and conditions on such an arrangement that the Secretary considers appropriate, including—
‘‘(i) imposing additional restrictions on the issuance
of debt obligations by the Association; or
‘‘(ii) restricting the use of proceeds from the
issuance of such debt.
‘‘(C) ADDITIONAL LIMITATIONS.—In the event that the
Holding Company (or any subsidiary of the Holding Company) enters into such an arrangement, the value of the
Association’s ‘investment portfolio’ shall not at any time
exceed the lesser of—
‘‘(i) the value of such portfolio on the date of the
enactment of this subsection; or
‘‘(ii) the value of such portfolio on the date such
an arrangement is consummated. The term ‘investment
portfolio’ shall mean all investments shown on the
consolidated balance sheet of the Association other
than—
‘‘(I) any instrument or assets described in section 439(d) of the Higher Education Act of 1965,
as amended;
‘‘(II) any direct noncallable obligations of the
United States or any agency thereof for which
the full faith and credit of the United States is
pledged; or
‘‘(III) cash or cash equivalents.
‘‘(D) ENFORCEMENT.—The terms and conditions
imposed under subparagraph (B) may be enforced by the
Secretary in accordance with section 440 of the Higher
Education Act of 1965.
‘‘(E) DEFINITIONS.—For purposes of this paragraph, the
following definition shall apply—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–856

‘‘(i) ASSOCIATION; HOLDING COMPANY.—Notwithstanding any provision in section 3, the terms ‘Association’ and ‘Holding Company’ have the same meanings
as in section 440(i) of the Higher Education Act of
1965.
‘‘(ii) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Treasury.’’.
DIVISION I—CHEMICAL WEAPONS CONVENTION
SECTION 1. SHORT TITLE.

This Division may be cited as the ‘‘Chemical Weapons Convention Implementation Act of 1998’’.
SEC. 2. TABLE OF CONTENTS.

Chemical
Weapons
Convention
Implementation
Act of 1998.
22 USC 6701
note.

The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I—GENERAL PROVISIONS
Sec. 101. Designation of United States National Authority.
Sec. 102. No abridgement of constitutional rights.
Sec. 103. Civil liability of the United States.
TITLE II—PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE
JURISDICTION OF THE UNITED STATES
Subtitle A—Criminal and Civil Penalties
Sec. 201. Criminal and civil provisions.
Subtitle B—Revocations of Export Privileges
Sec. 211. Revocations of export privileges.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.
305.
306.
307.
308.
309.
310.

TITLE III—INSPECTIONS
Definitions in the title.
Facility agreements.
Authority to conduct inspections.
Procedures for inspections.
Warrants.
Prohibited acts relating to inspections.
National security exception.
Protection of constitutional rights of contractors.
Annual report on inspections.
United States assistance in inspections at private facilities.

TITLE IV—REPORTS
Sec. 401. Reports required by the United States National Authority.
Sec. 402. Prohibition relating to low concentrations of schedule 2 and 3 chemicals.
Sec. 403. Prohibition relating to unscheduled discrete organic chemicals and coincidental byproducts in waste streams.
Sec. 404. Confidentiality of information.
Sec. 405. Recordkeeping violations.
TITLE V—ENFORCEMENT
Sec. 501. Penalties.
Sec. 502. Specific enforcement.
Sec. 503. Expedited judicial review.
TITLE VI—MISCELLANEOUS PROVISIONS
Sec. 601. Repeal.
Sec. 602. Prohibition.
Sec. 603. Bankruptcy actions.
SEC. 3. DEFINITIONS.

In this Act:

22 USC 6701.

112 STAT. 2681–857

PUBLIC LAW 105–277—OCT. 21, 1998

(1) CHEMICAL WEAPON.—The term ‘‘chemical weapon’’
means the following, together or separately:
(A) A toxic chemical and its precursors, except where
intended for a purpose not prohibited under this Act as
long as the type and quantity is consistent with such
a purpose.
(B) A munition or device, specifically designed to cause
death or other harm through toxic properties of those toxic
chemicals specified in subparagraph (A), which would be
released as a result of the employment of such munition
or device.
(C) Any equipment specifically designed for use directly
in connection with the employment of munitions or devices
specified in subparagraph (B).
(2) CHEMICAL WEAPONS CONVENTION; CONVENTION.—The
terms ‘‘Chemical Weapons Convention’’ and ‘‘Convention’’ mean
the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their
Destruction, opened for signature on January 13, 1993.
(3) KEY COMPONENT OF A BINARY OR MULTICOMPONENT
CHEMICAL SYSTEM.—The term ‘‘key component of a binary or
multicomponent chemical system’’ means the precursor which
plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.
(4) NATIONAL OF THE UNITED STATES.—The term ‘‘national
of the United States’’ has the same meaning given such term
in section 101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22)).
(5) ORGANIZATION.—The term ‘‘Organization’’ means the
Organization for the Prohibition of Chemical Weapons.
(6) PERSON.—The term ‘‘person’’, except as otherwise provided, means any individual, corporation, partnership, firm,
association, trust, estate, public or private institution, any State
or any political subdivision thereof, or any political entity within
a State, any foreign government or nation or any agency,
instrumentality or political subdivision of any such government
or nation, or other entity located in the United States.
(7) PRECURSOR.—
(A) IN GENERAL.—The term ‘‘precursor’’ means any
chemical reactant which takes part at any stage in the
production by whatever method of a toxic chemical. The
term includes any key component of a binary or multicomponent chemical system.
(B) LIST OF PRECURSORS.—Precursors which have been
identified for the application of verification measures under
Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons
Convention.
(8) PURPOSES NOT PROHIBITED BY THIS ACT.—The term ‘‘purposes not prohibited by this Act’’ means the following:
(A) PEACEFUL PURPOSES.—Any peaceful purpose
related to an industrial, agricultural, research, medical,
or pharmaceutical activity or other activity.
(B) PROTECTIVE PURPOSES.—Any purpose directly
related to protection against toxic chemicals and to protection against chemical weapons.

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112 STAT. 2681–858

(C) UNRELATED MILITARY PURPOSES.—Any military purpose of the United States that is not connected with the
use of a chemical weapon and that is not dependent on
the use of the toxic or poisonous properties of the chemical
weapon to cause death or other harm.
(D) LAW ENFORCEMENT PURPOSES.—Any law enforcement purpose, including any domestic riot control purpose
and including imposition of capital punishment.
(9) TECHNICAL SECRETARIAT.—The term ‘‘Technical Secretariat’’ means the Technical Secretariat of the Organization
for the Prohibition of Chemical Weapons established by the
Chemical Weapons Convention.
(10) SCHEDULE 1 CHEMICAL AGENT.—The term ‘Schedule
1 chemical agent’ means any of the following, together or separately:
(A) O-Alkyl (≤C10, incl. cycloalkyl) alkyl
(Me, Et, n-Pr or i-Pr)-phosphonofluoridates
(e.g. Sarin: O-Isopropyl methylphosphonofluoridate
Soman: O-Pinacolyl methylphosphonofluoridate).
(B) O-Alkyl (≤C10, incl. cycloalkyl) N,N-dialkyl
(Me, Et, n-Pr or i-Pr)-phosphoramidocyanidates
(e.g.
Tabun:
O-Ethyl
N,N-dimethyl
phosphoramidocyanidate).
(C) O-Alkyl (H or ≤C10, incl. cycloalkyl) S-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonothiolates and corresponding alkylated or protonated salts
(e.g. VX: O-Ethyl S-2-diisopropylaminoethyl
methyl phosphonothiolate).
(D) Sulfur mustards:
2-Chloroethylchloromethylsulfide
Mustard gas: (Bis(2-chloroethyl)sulfide
Bis(2-chloroethylthio)methane
Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane
1,3-Bis(2-chloroethylthio)-n-propane
1,4-Bis(2-chloroethylthio)-n-butane
1,5-Bis(2-chloroethylthio)-n-pentane
Bis(2-chloroethylthiomethyl)ether
O-Mustard: Bis(2-chloroethylthioethyl)ether.
(E) Lewisites:
Lewisite 1: 2-Chlorovinyldichloroarsine
Lewisite 2: Bis(2-chlorovinyl)chloroarsine
Lewisite 3: Tris (2-clorovinyl)arsine.
(F) Nitrogen mustards:
HN1: Bis(2-chloroethyl)ethylamine
HN2: Bis(2-chloroethyl)methylamine
HN3: Tris(2-chloroethyl)amine.
(G) Saxitoxin.
(H) Ricin.
(I) Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides
e.g. DF: Methylphosphonyldifluoride.
(J) O-Alkyl (H or ≤C10, incl. cycloalkyl)O-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonites and corresponding alkylated or protonated salts
e.g. QL: O-Ethyl O-2-diisopropylaminoethyl methylphosphonite.
(K) Chlorosarin: O-Isopropyl methylphosphonochloridate.

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PUBLIC LAW 105–277—OCT. 21, 1998

(L) Chlorosoman: O-Pinacolyl methylphosphonochloridate.
(11) SCHEDULE 2 CHEMICAL AGENT.—The term ‘Schedule 2
chemical agent’ means the following, together or separately:
(A) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]
phosphorothiolate and corresponding alkylated or protonated
salts.
(B) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene.
(C) BZ: 3-Quinuclidinyl benzilate
(D) Chemicals, except for those listed in Schedule 1, containing
a phosphorus atom to which is bonded one methyl, ethyl or propyl
(normal or iso) group but not further carbon atoms,
e.g. Methylphosphonyl dichloride Dimethyl methylphosphonate
Exemption:
Fonofos:
O-Ethyl
S-phenyl
ethylphosphonothiolothionate.
(E) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides.
(F) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-Pr
or i-Pr)-phosphoramidates.
(G) arsenic trichloride.
(H) 2,2-Diphenyl-2-hydroxyacetic acid.
(I) Quinuclidine-3-ol.
(J) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides
and corresponding protonated salts.
(K) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols and
corresponding protonated salts
Exemptions: N,N-Dimethylaminoethanol and corresponding
protonated salts N,N-Diethylaminoethanol and corresponding
protonated salts.
(L) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols
and corresponding protonated salts.
(M) Thiodiglycol: Bis(2-hydroxyethyl)sulfide.
(N) Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol.
(12) SCHEDULE 3 CHEMICAL AGENT.—The term ‘Schedule 3
chemical agent’ means any of the following, together or separately:
(A) Phosgene: carbonyl dichloride.
(B) Cyanogen chloride.
(C) Hydrogen cyanide.
(D) Chloropicrin: trichloronitromethane.
(E) Phosphorous oxychloride.
(F) Phosphorous trichloride.
(G) Phosphorous pentachloride.
(H) Trimethyl phosphite.
(I) Triethyl phosphite.
(J) Dimethyl phosphite.
(K) Diethyl phosphite.
(L) Sulfur monochloride.
(M) Sulfur dichloride.
(N) Thionyl chloride.
(O) Ethyldiethanolamine.
(P) Methyldiethanolamine.
(Q) Triethanolamine.
(13) TOXIC CHEMICAL.—
(A) IN GENERAL.—The term ‘‘toxic chemical’’ means any chemical which through its chemical action on life processes can cause
death, temporary incapacitation or permanent harm to humans
or animals. The term includes all such chemicals, regardless of
their origin or of their method of production, and regardless of
whether they are produced in facilities, in munitions or elsewhere.

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112 STAT. 2681–860

(B) LIST OF TOXIC CHEMICALS.—Toxic chemicals which
have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical
Weapons Convention.
(14) UNITED STATES.—The term ‘‘United States’’ means the
several States of the United States, the District of Columbia,
and the commonwealths, territories, and possessions of the
United States and includes all places under the jurisdiction
or control of the United States, including—
(A) any of the places within the provisions of paragraph
(41) of section 40102 of title 49, United States Code;
(B) any civil aircraft of the United States or public
aircraft, as such terms are defined in paragraphs (17) and
(37), respectively, of section 40102 of title 49, United States
Code; and
(C) any vessel of the United States, as such term
is defined in section 3(b) of the Maritime Drug Enforcement
Act, as amended (46 U.S.C., App. sec. 1903(b)).
(15) UNSCHEDULED DISCRETE ORGANIC CHEMICAL.—The
term ‘‘unscheduled discrete organic chemical’’ means any chemical not listed on any schedule contained in the Annex on
Chemicals of the Convention that belongs to the class of chemical compounds consisting of all compounds of carbon, except
for its oxides, sulfides, and metal carbonates.
TITLE I—GENERAL PROVISIONS
SEC. 101. DESIGNATION OF UNITED STATES NATIONAL AUTHORITY.

(a) DESIGNATION.—Pursuant to paragraph 4 of Article VII of
the Chemical Weapons Convention, the President shall designate
the Department of State to be the United States National Authority.
(b) PURPOSES.—The United States National Authority shall—
(1) serve as the national focal point for effective liaison
with the Organization for the Prohibition of Chemical Weapons
and other States Parties to the Convention; and
(2) implement the provisions of this Act in coordination
with an interagency group designated by the President consisting of the Secretary of Commerce, Secretary of Defense, Secretary of Energy, the Attorney General, and the heads of agencies considered necessary or advisable by the President.
(c) DIRECTOR.—The Secretary of State shall serve as the Director of the United States National Authority.
(d) POWERS.—The Director may utilize the administrative
authorities otherwise available to the Secretary of State in carrying
out the responsibilities of the Director set forth in this Act.
(e) IMPLEMENTATION.—The President is authorized to implement and carry out the provisions of this Act and the Convention
and shall designate through Executive order which agencies of
the United States shall issue, amend, or revise the regulations
in order to implement this Act and the provisions of the Convention.
The Director of the United States National Authority shall report
to the Congress on the regulations that have been issued, implemented, or revised pursuant to this section.

22 USC 6711.

112 STAT. 2681–861
22 USC 6712.

PUBLIC LAW 105–277—OCT. 21, 1998

SEC. 102. NO ABRIDGEMENT OF CONSTITUTIONAL RIGHTS.

No person may be required, as a condition for entering into
a contract with the United States or as a condition for receiving
any benefit from the United States, to waive any right under
the Constitution for any purpose related to this Act or the Convention.
22 USC 6713.

SEC. 103. CIVIL LIABILITY OF THE UNITED STATES.

(a) CLAIMS FOR TAKING OF PROPERTY.—
(1) JURISDICTION OF COURTS OF THE UNITED STATES.—
(A) UNITED STATES COURT OF FEDERAL CLAIMS.—The
United States Court of Federal Claims shall, subject to
subparagraph (B), have jurisdiction of any civil action or
claim against the United States for any taking of property
without just compensation that occurs by reason of the
action of any officer or employee of the Organization for
the Prohibition of Chemical Weapons, including any member of an inspection team of the Technical Secretariat,
or by reason of the action of any officer or employee of
the United States pursuant to this Act or the Convention.
For purposes of this subsection, action taken pursuant
to or under the color of this Act or the Convention shall
be deemed to be action taken by the United States for
a public purpose.
(B) DISTRICT COURTS.—The district courts of the United
States shall have original jurisdiction, concurrent with the
United States Court of Federal Claims, of any civil action
or claim described in subparagraph (A) that does not exceed
$10,000.
(2) NOTIFICATION.—Any person intending to bring a civil
action pursuant to paragraph (1) shall notify the United States
National Authority of that intent at least one year before filing
the claim in the United States Court of Federal Claims. Action
on any claim filed during that one-year period shall be stayed.
The one-year period following the notification shall not be
counted for purposes of any law limiting the period within
which the civil action may be commenced.
(3) INITIAL STEPS BY UNITED STATES GOVERNMENT TO SEEK
REMEDIES.—During the period between a notification pursuant
to paragraph (2) and the filing of a claim covered by the
notification in the United States Court of Federal Claims, the
United States National Authority shall pursue all diplomatic
and other remedies that the United States National Authority
considers necessary and appropriate to seek redress for the
claim including, but not limited to, the remedies provided for
in the Convention and under this Act.
(4) BURDEN OF PROOF.—In any civil action under paragraph
(1), the plaintiff shall have the burden to establish a prima
facie case that, due to acts or omissions of any official of
the Organization or any member of an inspection team of
the Technical Secretariat taken under the color of the Convention, proprietary information of the plaintiff has been divulged
or taken without authorization. If the United States Court
of Federal Claims finds that the plaintiff has demonstrated
such a prima facie case, the burden shall shift to the United
States to disprove the plaintiff’s claim. In deciding whether

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112 STAT. 2681–862

the plaintiff has carried its burden, the United States Court
of Federal Claims shall consider, among other things—
(A) the value of proprietary information;
(B) the availability of the proprietary information;
(C) the extent to which the proprietary information
is based on patents, trade secrets, or other protected
intellectual property;
(D) the significance of proprietary information; and
(E) the emergence of technology elsewhere a reasonable
time after the inspection.
(b) TORT LIABILITY.—The district courts of the United States
shall have exclusive jurisdiction of civil actions for money damages
for any tort under the Constitution or any Federal or State law
arising from the acts or omissions of any officer or employee of
the United States or the Organization, including any member of
an inspection team of the Technical Secretariat, taken pursuant
to or under color of the Convention or this Act.
(c) WAIVER OF SOVEREIGN IMMUNITY OF THE UNITED STATES.—
In any action under subsection (a) or (b), the United States may
not raise sovereign immunity as a defense.
(d) AUTHORITY FOR CAUSE OF ACTION.—
(1) UNITED STATES ACTIONS IN UNITED STATES DISTRICT
COURT.—Notwithstanding any other law, the Attorney General
of the United States is authorized to bring an action in the
United States District Court for the District of Columbia
against any foreign nation for money damages resulting from
that nation’s refusal to provide indemnification to the United
States for any liability imposed on the United States by virtue
of the actions of an inspector of the Technical Secretariat who
is a national of that foreign nation acting at the direction
or the behest of that foreign nation.
(2) UNITED STATES ACTIONS IN COURTS OUTSIDE THE UNITED
STATES.—The Attorney General is authorized to seek any and
all available redress in any international tribunal for indemnification to the United States for any liability imposed on
the United States by virtue of the actions of an inspector
of the Technical Secretariat, and to seek such redress in the
courts of the foreign nation from which the inspector is a
national.
(3) ACTIONS BROUGHT BY INDIVIDUALS AND BUSINESSES.—
Notwithstanding any other law, any national of the United
States, or any business entity organized and operating under
the laws of the United States, may bring a civil action in
a United States District Court for money damages against
any foreign national or any business entity organized and
operating under the laws of a foreign nation for an unauthorized
or unlawful acquisition, receipt, transmission, or use of property
by or on behalf of such foreign national or business entity
as a result of any tort under the Constitution or any Federal
or State law arising from acts or omissions by any officer
or employee of the United States or any member of an inspection team of the Technical Secretariat taken pursuant to or
under the color of the Convention or this Act.
(e) RECOUPMENT.—
(1) POLICY.—It is the policy of the United States to recoup
all funds withdrawn from the Treasury of the United States
in payment for any tort under Federal or State law or taking

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PUBLIC LAW 105–277—OCT. 21, 1998

under the Constitution arising from the acts or omissions of
any foreign person, officer, or employee of the Organization,
including any member of an inspection team of the Technical
Secretariat, taken under color of the Chemical Weapons
Convention or this Act.
(2) SANCTIONS ON FOREIGN COMPANIES.—
(A) IMPOSITION OF SANCTIONS.—The sanctions provided
in subparagraph (B) shall be imposed for a period of not
less than ten years upon—
(i) any foreign person, officer, or employee of the
Organization, including any member of an inspection
team of the Technical Secretariat, for whose actions
or omissions the United States has been held liable
for a tort or taking pursuant to this Act; and
(ii) any foreign person or business entity organized
and operating under the laws of a foreign nation which
knowingly assisted, encouraged or induced, in any way,
a foreign person described in clause (i) to publish,
divulge, disclose, or make known in any manner or
to any extent not authorized by the Convention any
United States confidential business information.
(B) SANCTIONS.—
(i) ARMS EXPORT TRANSACTIONS.—The United
States Government shall not sell to a person described
in subparagraph (A) any item on the United States
Munitions List and shall terminate sales of any defense
articles, defense services, or design and construction
services to a person described in subparagraph (A)
under the Arms Export Control Act.
(ii) SANCTIONS UNDER EXPORT ADMINISTRATION ACT
OF 1979.—The authorities under section 6 of the Export
Administration Act of 1979 shall be used to prohibit
the export of any goods or technology on the control
list established pursuant to section 5(c)(1) of that Act
to a person described in subparagraph (A).
(iii) INTERNATIONAL FINANCIAL ASSISTANCE.—The
United States shall oppose any loan or financial or
technical assistance by international financial institutions in accordance with section 701 of the International Financial Institutions Act to a person
described in subparagraph (A).
(iv) EXPORT-IMPORT BANK TRANSACTIONS.—The
United States shall not give approval to guarantee,
insure, or extend credit, or to participate in the extension of credit to a person described in subparagraph
(A) through the Export-Import Bank of the United
States.
(v) PRIVATE BANK TRANSACTIONS.—Regulations
shall be issued to prohibit any United States bank
from making any loan or providing any credit to a
person described in subparagraph (A).
(vi) BLOCKING OF ASSETS.—The President shall
take all steps necessary to block any transactions in
any property subject to the jurisdiction of the United
States in which a person described in subparagraph
(A) has any interest whatsoever, for the purpose of

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112 STAT. 2681–864

recouping funds in accordance with the policy in paragraph (1).
(vii) DENIAL OF LANDING RIGHTS.—Landing rights
in the United States shall be denied to any private
aircraft or air carrier owned by a person described
in subparagraph (A) except as necessary to provide
for emergencies in which the safety of the aircraft
or its crew or passengers is threatened.
(3) SANCTIONS ON FOREIGN GOVERNMENTS.—
(A) IMPOSITION OF SANCTIONS.—Whenever the President determines that persuasive information is available
indicating that a foreign country has knowingly assisted,
encouraged or induced, in any way, a person described
in paragraph (2)(A) to publish, divulge, disclose, or make
known in any manner or to any extent not authorized
by the Convention any United States confidential business
information, the President shall, within 30 days after the
receipt of such information by the executive branch of
Government, notify the Congress in writing of such determination and, subject to the requirements of paragraphs
(4) and (5), impose the sanctions provided under subparagraph (B) for a period of not less than five years.
(B) SANCTIONS.—
(i) ARMS EXPORT TRANSACTIONS.—The United
States Government shall not sell a country described
in subparagraph (A) any item on the United States
Munitions List, shall terminate sales of any defense
articles, defense services, or design and construction
services to that country under the Arms Export Control
Act, and shall terminate all foreign military financing
for that country under the Arms Export Control Act.
(ii) DENIAL OF CERTAIN LICENSES.—Licenses shall
not be issued for the export to the sanctioned country
of any item on the United States Munitions List or
commercial satellites.
(iii) DENIAL OF ASSISTANCE.—No appropriated
funds may be used for the purpose of providing economic assistance, providing military assistance or
grant military education and training, or extending
military credits or making guarantees to a country
described in subparagraph (A).
(iv) SANCTIONS UNDER EXPORT ADMINISTRATION ACT
OF 1979.—The authorities of section 6 of the Export
Administration Act of 1979 shall be used to prohibit
the export of any goods or technology on the control
list established pursuant to section 5(c)(1) of that Act
to a country described in subparagraph (A).
(v) INTERNATIONAL FINANCIAL ASSISTANCE.—The
United States shall oppose any loan or financial or
technical assistance by international financial institutions in accordance with section 701 of the International Financial Institutions Act to a country
described in subparagraph (A).
(vi) TERMINATION OF ASSISTANCE UNDER FOREIGN
ASSISTANCE ACT OF 1961.—The United States shall
terminate all assistance to a country described in

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PUBLIC LAW 105–277—OCT. 21, 1998

subparagraph (A) under the Foreign Assistance Act
of 1961, except for urgent humanitarian assistance.
(vii) PRIVATE BANK TRANSACTIONS.—The United
States shall not give approval to guarantee, insure,
or extend credit, or participate in the extension of
credit through the Export-Import Bank of the United
States to a country described in subparagraph (A).
(viii) PRIVATE BANK TRANSACTIONS.—Regulations
shall be issued to prohibit any United States bank
from making any loan or providing any credit to a
country described in subparagraph (A).
(ix) DENIAL OF LANDING RIGHTS.—Landing rights
in the United States shall be denied to any air carrier
owned by a country described in subparagraph (A),
except as necessary to provide for emergencies in which
the safety of the aircraft or its crew or passengers
is threatened.
(4) SUSPENSION OF SANCTIONS UPON RECOUPMENT BY PAYMENT.—Sanctions imposed under paragraph (2) or (3) may be
suspended if the sanctioned person, business entity, or country,
within the period specified in that paragraph, provides full
and complete compensation to the United States Government,
in convertible foreign exchange or other mutually acceptable
compensation equivalent to the full value thereof, in satisfaction
of a tort or taking for which the United States has been held
liable pursuant to this Act.
(5) WAIVER OF SANCTIONS ON FOREIGN COUNTRIES.—The
President may waive some or all of the sanctions provided
under paragraph (3) in a particular case if he determines and
certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate
that such waiver is necessary to protect the national security
interests of the United States. The certification shall set forth
the reasons supporting the determination and shall take effect
on the date on which the certification is received by the Congress.
(6) NOTIFICATION TO CONGRESS.—Not later than five days
after sanctions become effective against a foreign person pursuant to this Act, the President shall transmit written notification
of the imposition of sanctions against that foreign person to
the chairmen and ranking members of the Committee on International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(f) SANCTIONS FOR UNAUTHORIZED DISCLOSURE OF UNITED
STATES CONFIDENTIAL BUSINESS INFORMATION.—The Secretary of
State shall deny a visa to, and the Attorney General shall exclude
from the United States any alien who, after the date of enactment
of this Act—
(1) is, or previously served as, an officer or employee of
the Organization and who has willfully published, divulged,
disclosed, or made known in any manner or to any extent
not authorized by the Convention any United States confidential business information coming to him in the course of his
employment or official duties, or by reason of any examination
or investigation of any return, report, or record made to or
filed with the Organization, or any officer or employee thereof,
such practice or disclosure having resulted in financial loses

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112 STAT. 2681–866

or damages to a United States person and for which actions
or omissions the United States has been found liable of a
tort or taking pursuant to this Act;
(2) traffics in United States confidential business information, a proven claim to which is owned by a United States
national;
(3) is a corporate officer, principal, shareholder with a
controlling interest of an entity which has been involved in
the unauthorized disclosure of United States confidential business information, a proven claim to which is owned by a United
States national; or
(4) is a spouse, minor child, or agent of a person excludable
under paragraph (1), (2), or (3).
(g) UNITED STATES CONFIDENTIAL BUSINESS INFORMATION
DEFINED.—In this section, the term ‘‘United States confidential
business information’’ means any trade secrets or commercial or
financial information that is privileged and confidential—
(1) including—
(A) data described in section 304(e)(2) of this Act,
(B) any chemical structure,
(C) any plant design process, technology, or operating
method,
(D) any operating requirement, input, or result that
identifies any type or quantity of chemicals used, processed,
or produced, or
(E) any commercial sale, shipment, or use of a chemical, or
(2) as described in section 552(b)(4) of title 5, United States
Code,
and that is obtained—
(i) from a United States person; or
(ii) through the United States Government or the conduct of
an inspection on United States territory under the Convention.
TITLE II—PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION OF THE UNITED STATES
Subtitle A—Criminal and Civil Penalties
SEC. 201. CRIMINAL AND CIVIL PROVISIONS.

(a) IN GENERAL.—Part I of title 18, United States Code, is
amended by inserting after chapter 11A the following new chapter:
‘‘CHAPTER 11B—CHEMICAL WEAPONS
‘‘Sec.
‘‘229. Prohibited activities.
‘‘229A. Penalties.
‘‘229B. Criminal forfeitures; destruction of weapons.
‘‘229C. Individual self-defense devices.
‘‘229D. Injunctions.
‘‘229E. Requests for military assistance to enforce prohibition in certain emergencies.
‘‘229F. Definitions.

‘‘§ 229. Prohibited activities
‘‘(a) UNLAWFUL CONDUCT.—Except as provided in subsection
(b), it shall be unlawful for any person knowingly—

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PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(1) to develop, produce, otherwise acquire, transfer directly
or indirectly, receive, stockpile, retain, own, possess, or use,
or threaten to use, any chemical weapon; or
‘‘(2) to assist or induce, in any way, any person to violate
paragraph (1), or to attempt or conspire to violate paragraph
(1).
‘‘(b) EXEMPTED AGENCIES AND PERSONS.—
‘‘(1) IN GENERAL.—Subsection (a) does not apply to the
retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the
United States, or by a person described in paragraph (2), pending destruction of the weapon.
‘‘(2) EXEMPTED PERSONS.—A person referred to in paragraph (1) is—
‘‘(A) any person, including a member of the Armed
Forces of the United States, who is authorized by law
or by an appropriate officer of the United States to retain,
own, possess, transfer, or receive the chemical weapon;
or
‘‘(B) in an emergency situation, any otherwise nonculpable person if the person is attempting to destroy or
seize the weapon.
‘‘(c) JURISDICTION.—Conduct prohibited by subsection (a) is
within the jurisdiction of the United States if the prohibited
conduct—
‘‘(1) takes place in the United States;
‘‘(2) takes place outside of the United States and is committed by a national of the United States;
‘‘(3) is committed against a national of the United States
while the national is outside the United States; or
‘‘(4) is committed against any property that is owned,
leased, or used by the United States or by any department
or agency of the United States, whether the property is within
or outside the United States.
‘‘§ 229A. Penalties
‘‘(a) CRIMINAL PENALTIES.—
‘‘(1) IN GENERAL.—Any person who violates section 229
of this title shall be fined under this title, or imprisoned for
any term of years, or both.
‘‘(2) DEATH PENALTY.—Any person who violates section 229
of this title and by whose action the death of another person
is the result shall be punished by death or imprisoned for
life.
‘‘(b) CIVIL PENALTIES.—
‘‘(1) IN GENERAL.—The Attorney General may bring a civil
action in the appropriate United States district court against
any person who violates section 229 of this title and, upon
proof of such violation by a preponderance of the evidence,
such person shall be subject to pay a civil penalty in an amount
not to exceed $100,000 for each such violation.
‘‘(2) RELATION TO OTHER PROCEEDINGS.—The imposition of
a civil penalty under this subsection does not preclude any
other criminal or civil statutory, common law, or administrative
remedy, which is available by law to the United States or
any other person.

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112 STAT. 2681–868

‘‘(c) REIMBURSEMENT OF COSTS.—The court shall order any
person convicted of an offense under subsection (a) to reimburse
the United States for any expenses incurred by the United States
incident to the seizure, storage, handling, transportation, and
destruction or other disposition of any property that was seized
in connection with an investigation of the commission of the offense
by that person. A person ordered to reimburse the United States
for expenses under this subsection shall be jointly and severally
liable for such expenses with each other person, if any, who is
ordered under this subsection to reimburse the United States for
the same expenses.
‘‘§ 229B. Criminal forfeitures; destruction of weapons
‘‘(a) PROPERTY SUBJECT TO CRIMINAL FORFEITURE.—Any person
convicted under section 229A(a) shall forfeit to the United States
irrespective of any provision of State law—
‘‘(1) any property, real or personal, owned, possessed, or
used by a person involved in the offense;
‘‘(2) any property constituting, or derived from, and proceeds the person obtained, directly or indirectly, as the result
of such violation; and
‘‘(3) any of the property used in any manner or part,
to commit, or to facilitate the commission of, such violation.
The court, in imposing sentence on such person, shall order, in
addition to any other sentence imposed pursuant to section 229A(a),
that the person forfeit to the United States all property described
in this subsection. In lieu of a fine otherwise authorized by section
229A(a), a defendant who derived profits or other proceeds from
an offense may be fined not more than twice the gross profits
or other proceeds.
‘‘(b) PROCEDURES.—
‘‘(1) GENERAL.—Property subject to forfeiture under this
section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be governed by subsections (b) through (p) of section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. 853), except that any reference under those subsections to—
‘‘(A) ‘this subchapter or subchapter II’ shall be deemed
to be a reference to section 229A(a); and
‘‘(B) ‘subsection (a)’ shall be deemed to be a reference
to subsection (a) of this section.
‘‘(2) TEMPORARY RESTRAINING ORDERS.—
‘‘(A) IN GENERAL.—For the purposes of forfeiture
proceedings under this section, a temporary restraining
order may be entered upon application of the United States
without notice or opportunity for a hearing when an
information or indictment has not yet been filed with
respect to the property, if, in addition to the circumstances
described in section 413(e)(2) of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C.
853(e)(2)), the United States demonstrates that there is
probable cause to believe that the property with respect
to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and exigent
circumstances exist that place the life or health of any
person in danger.

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PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(B) WARRANT OF SEIZURE.—If the court enters a temporary restraining order under this paragraph, it shall
also issue a warrant authorizing the seizure of such property.
‘‘(C) APPLICABLE PROCEDURES.—The procedures and
time limits applicable to temporary restraining orders
under section 413(e) (2) and (3) of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)
(2) and (3)) shall apply to temporary restraining orders
under this paragraph.
‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative defense against
a forfeiture under subsection (b) that the property—
‘‘(1) is for a purpose not prohibited under the Chemical
Weapons Convention; and
‘‘(2) is of a type and quantity that under the circumstances
is consistent with that purpose.
‘‘(d) DESTRUCTION OR OTHER DISPOSITION.—The Attorney General shall provide for the destruction or other appropriate disposition of any chemical weapon seized and forfeited pursuant to this
section.
‘‘(e) ASSISTANCE.—The Attorney General may request the head
of any agency of the United States to assist in the handling,
storage, transportation, or destruction of property seized under
this section.
‘‘(f) OWNER LIABILITY.—The owner or possessor of any property
seized under this section shall be liable to the United States for
any expenses incurred incident to the seizure, including any
expenses relating to the handling, storage, transportation, and
destruction or other disposition of the seized property.
‘‘§ 229C. Individual self-defense devices
‘‘Nothing in this chapter shall be construed to prohibit any
individual self-defense device, including those using a pepper spray
or chemical mace.
‘‘§ 229D. Injunctions
‘‘The United States may obtain in a civil action an injunction
against—
‘‘(1) the conduct prohibited under section 229 or 229C of
this title; or
‘‘(2) the preparation or solicitation to engage in conduct
prohibited under section 229 or 229D of this title.
‘‘§ 229E. Requests for military assistance to enforce prohibition in certain emergencies
‘‘The Attorney General may request the Secretary of Defense
to provide assistance under section 382 of title 10 in support of
Department of Justice activities relating to the enforcement of
section 229 of this title in an emergency situation involving a
chemical weapon. The authority to make such a request may be
exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10.
‘‘§ 229F. Definitions
‘‘In this chapter:
‘‘(1) CHEMICAL WEAPON.—The term ‘chemical weapon’
means the following, together or separately:

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–870

‘‘(A) A toxic chemical and its precursors, except where
intended for a purpose not prohibited under this chapter
as long as the type and quantity is consistent with such
a purpose.
‘‘(B) A munition or device, specifically designed to cause
death or other harm through toxic properties of those toxic
chemicals specified in subparagraph (A), which would be
released as a result of the employment of such munition
or device.
‘‘(C) Any equipment specifically designed for use
directly in connection with the employment of munitions
or devices specified in subparagraph (B).
‘‘(2) CHEMICAL WEAPONS CONVENTION; CONVENTION.—The
terms ‘Chemical Weapons Convention’ and ‘Convention’ mean
the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their
Destruction, opened for signature on January 13, 1993.
‘‘(3) KEY COMPONENT OF A BINARY OR MULTICOMPONENT
CHEMICAL SYSTEM.—The term ‘key component of a binary or
multicomponent chemical system’ means the precursor which
plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.
‘‘(4) NATIONAL OF THE UNITED STATES.—The term ‘national
of the United States’ has the same meaning given such term
in section 101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22)).
‘‘(5) PERSON.—The term ‘person’, except as otherwise provided, means any individual, corporation, partnership, firm,
association, trust, estate, public or private institution, any State
or any political subdivision thereof, or any political entity within
a State, any foreign government or nation or any agency,
instrumentality or political subdivision of any such government
or nation, or other entity located in the United States.
‘‘(6) PRECURSOR.—
‘‘(A) IN GENERAL.—The term ‘precursor’ means any
chemical reactant which takes part at any stage in the
production by whatever method of a toxic chemical. The
term includes any key component of a binary or multicomponent chemical system.
‘‘(B) LIST OF PRECURSORS.—Precursors which have been
identified for the application of verification measures under
Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons
Convention.
‘‘(7) PURPOSES NOT PROHIBITED BY THIS CHAPTER.—The
term ‘purposes not prohibited by this chapter’ means the following:
‘‘(A) PEACEFUL PURPOSES.—Any peaceful purpose
related to an industrial, agricultural, research, medical,
or pharmaceutical activity or other activity.
‘‘(B) PROTECTIVE PURPOSES.—Any purpose directly
related to protection against toxic chemicals and to protection against chemical weapons.
‘‘(C) UNRELATED MILITARY PURPOSES.—Any military
purpose of the United States that is not connected with
the use of a chemical weapon or that is not dependent

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PUBLIC LAW 105–277—OCT. 21, 1998

on the use of the toxic or poisonous properties of the
chemical weapon to cause death or other harm.
‘‘(D) LAW ENFORCEMENT PURPOSES.—Any law enforcement purpose, including any domestic riot control purpose
and including imposition of capital punishment.
‘‘(8) TOXIC CHEMICAL.—
‘‘(A) IN GENERAL.—The term ‘toxic chemical’ means
any chemical which through its chemical action on life
processes can cause death, temporary incapacitation or
permanent harm to humans or animals. The term includes
all such chemicals, regardless of their origin or of their
method of production, and regardless of whether they are
produced in facilities, in munitions or elsewhere.
‘‘(B) LIST OF TOXIC CHEMICALS.—Toxic chemicals which
have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical
Weapons Convention.
‘‘(9) UNITED STATES.—The term ‘United States’ means the
several States of the United States, the District of Columbia,
and the commonwealths, territories, and possessions of the
United States and includes all places under the jurisdiction
or control of the United States, including—
‘‘(A) any of the places within the provisions of paragraph (41) of section 40102 of title 49, United States Code;
‘‘(B) any civil aircraft of the United States or public
aircraft, as such terms are defined in paragraphs (17) and
(37), respectively, of section 40102 of title 49, United States
Code; and
‘‘(C) any vessel of the United States, as such term
is defined in section 3(b) of the Maritime Drug Enforcement
Act, as amended (46 U.S.C., App. sec. 1903(b)).’’.
(b) CONFORMING AMENDMENTS.—
(1) WEAPONS OF MASS DESTRUCTION.—Section 2332a of title
18, United States Code, is amended—
(A) by striking ‘‘§ 2332a. Use of weapons of mass
destruction’’ and inserting ‘‘§ 2332a. Use of certain
weapons of mass destruction’’;
(B) in subsection (a), by inserting ‘‘(other than a chemical weapon as that term is defined in section 229F)’’ after
‘‘weapon of mass destruction’’; and
(C) in subsection (b), by inserting ‘‘(other than a chemical weapon (as that term is defined in section 229F))’’
after ‘‘weapon of mass destruction’’.
(2) TABLE OF CHAPTERS.—The table of chapters for part
I of title 18, United States Code, is amended by inserting
after the item for chapter 11A the following new item:
‘‘11B. Chemical Weapons ................................................................................... 229’’.

(c) REPEALS.—The following provisions of law are repealed:
(1) Section 2332c of title 18, United States Code, relating
to chemical weapons.
(2) In the table of sections for chapter 113B of title 18,
United States Code, the item relating to section 2332c.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–872

Subtitle B—Revocations of Export Privileges
SEC. 211. REVOCATIONS OF EXPORT PRIVILEGES.

18 USC 229 note.

If the President determines, after notice and an opportunity
for a hearing in accordance with section 554 of title 5, United
States Code, that any person within the United States, or any
national of the United States located outside the United States,
has committed any violation of section 229 of title 18, United
States Code, the President may issue an order for the suspension
or revocation of the authority of the person to export from the
United States any goods or technology (as such terms are defined
in section 16 of the Export Administration Act of 1979 (50 U.S.C.
App. 2415)).
TITLE III—INSPECTIONS
SEC. 301. DEFINITIONS IN THE TITLE.

22 USC 6721.

(a) IN GENERAL.—In this title, the terms ‘‘challenge inspection’’,
‘‘plant site’’, ‘‘plant’’, ‘‘facility agreement’’, ‘‘inspection team’’, and
‘‘requesting state party’’ have the meanings given those terms in
Part I of the Annex on Implementation and Verification of the
Chemical Weapons Convention. The term ‘‘routine inspection’’
means an inspection, other than an ‘‘initial inspection’’, undertaken
pursuant to Article VI of the Convention.
(b) DEFINITION OF JUDGE OF THE UNITED STATES.—In this
title, the term ‘‘judge of the United States’’ means a judge or
magistrate judge of a district court of the United States.
SEC. 302. FACILITY AGREEMENTS.

(a) AUTHORIZATION OF INSPECTIONS.—Inspections by the Technical Secretariat of plants, plant sites, or other facilities or locations
for which the United States has a facility agreement with the
Organization shall be conducted in accordance with the facility
agreement. Any such facility agreement may not in any way limit
the right of the owner or operator of the facility to withhold consent
to an inspection request.
(b) TYPES OF FACILITY AGREEMENTS.—
(1) SCHEDULE TWO FACILITIES.—The United States National
Authority shall ensure that facility agreements for plants, plant
sites, or other facilities or locations that are subject to inspection pursuant to paragraph 4 of Article VI of the Convention
are concluded unless the owner, operator, occupant, or agent
in charge of the facility and the Technical Secretariat agree
that such an agreement is not necessary.
(2) SCHEDULE THREE FACILITIES.—The United States
National Authority shall ensure that facility agreements are
concluded for plants, plant sites, or other facilities or locations
that are subject to inspection pursuant to paragraph 5 or 6
of Article VI of the Convention if so requested by the owner,
operator, occupant, or agent in charge of the facility.
(c) NOTIFICATION REQUIREMENTS.—The United States National
Authority shall ensure that the owner, operator, occupant, or agent
in charge of a facility prior to the development of the agreement
relating to that facility is notified and, if the person notified so
requests, the person may participate in the preparations for the
negotiation of such an agreement. To the maximum extent practicable consistent with the Convention, the owner and the operator,

22 USC 6722.

112 STAT. 2681–873

PUBLIC LAW 105–277—OCT. 21, 1998

occupant or agent in charge of a facility may observe negotiations
of the agreement between the United States and the Organization
concerning that facility.
(d) CONTENT OF FACILITY AGREEMENTS.—Facility agreements
shall—
(1) identify the areas, equipment, computers, records, data,
and samples subject to inspection;
(2) describe the procedures for providing notice of an inspection to the owner, occupant, operator, or agent in charge of
a facility;
(3) describe the timeframes for inspections; and
(4) detail the areas, equipment, computers, records, data,
and samples that are not subject to inspection.
22 USC 6723.

SEC. 303. AUTHORITY TO CONDUCT INSPECTIONS.

(a) PROHIBITION.—No inspection of a plant, plant site, or other
facility or location in the United States shall take place under
the Convention without the authorization of the United States
National Authority in accordance with the requirements of this
title.
(b) AUTHORITY.—
(1) TECHNICAL SECRETARIAT INSPECTION TEAMS.—Any duly
designated member of an inspection team of the Technical
Secretariat may inspect any plant, plant site, or other facility
or location in the United States subject to inspection pursuant
to the Convention.
(2) UNITED STATES GOVERNMENT REPRESENTATIVES.—The
United States National Authority shall coordinate the designation of employees of the Federal Government to accompany
members of an inspection team of the Technical Secretariat
and, in doing so, shall ensure that—
(A) a special agent of the Federal Bureau of Investigation, as designated by the Federal Bureau of Investigation,
accompanies each inspection team visit pursuant to paragraph (1);
(B) no employee of the Environmental Protection
Agency or the Occupational Safety and Health Administration accompanies any inspection team visit conducted
pursuant to paragraph (1); and
(C) the number of duly designated representatives shall
be kept to the minimum necessary.
(3) OBJECTIONS TO INDIVIDUALS SERVING AS INSPECTORS.—
(A) IN GENERAL.—In deciding whether to exercise the
right of the United States under the Convention to object
to an individual serving as an inspector, the President
shall give great weight to his reasonable belief that—
(i) such individual is or has been a member of,
or a participant in, any group or organization that
has engaged in, or attempted or conspired to engage
in, or aided or abetted in the commission of, any terrorist act or activity;
(ii) such individual has committed any act or activity which would be a felony under the laws of the
United States; or
(iii) the participation of such individual as a member of an inspection team would pose a risk to the

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–874

national security or economic well-being of the United
States.
(B) NOT SUBJECT TO JUDICIAL REVIEW.—Any objection
by the President to an individual serving as an inspector,
whether made pursuant to this section or otherwise, shall
not be reviewable in any court.
SEC. 304. PROCEDURES FOR INSPECTIONS.

(a) TYPES OF INSPECTIONS.—Each inspection of a plant, plant
site, or other facility or location in the United States under the
Convention shall be conducted in accordance with this section and
section 305, except where other procedures are provided in a facility
agreement entered into under section 302.
(b) NOTICE.—
(1) IN GENERAL.—An inspection referred to in subsection
(a) may be made only upon issuance of an actual written
notice by the United States National Authority to the owner
and to the operator, occupant, or agent in charge of the premises
to be inspected.
(2) TIME OF NOTIFICATION.—The notice for a routine inspection shall be submitted to the owner and to the operator,
occupant, or agent in charge within six hours of receiving
the notification of the inspection from the Technical Secretariat
or as soon as possible thereafter. Notice for a challenge inspection shall be provided at any appropriate time determined
by the United States National Authority. Notices may be posted
prominently at the plant, plant site, or other facility or location
if the United States is unable to provide actual written notice
to the owner, operator, or agent in charge of the premises.
(3) CONTENT OF NOTICE.—
(A) IN GENERAL.—The notice under paragraph (1) shall
include all appropriate information supplied by the Technical Secretariat to the United States National Authority
concerning—
(i) the type of inspection;
(ii) the basis for the selection of the plant, plant
site, or other facility or location for the type of inspection sought;
(iii) the time and date that the inspection will
begin and the period covered by the inspection; and
(iv) the names and titles of the inspectors.
(B) SPECIAL RULE FOR CHALLENGE INSPECTIONS.—In
the case of a challenge inspection pursuant to Article IX
of the Convention, the notice shall also include all appropriate evidence or reasons provided by the requesting state
party to the Convention for seeking the inspection.
(4) SEPARATE NOTICES REQUIRED.—A separate notice shall
be provided for each inspection, except that a notice shall
not be required for each entry made during the period covered
by the inspection.
(c) CREDENTIALS.—The head of the inspection team of the Technical Secretariat and the accompanying employees of the Federal
government shall display appropriate identifying credentials to the
owner, operator, occupant, or agent in charge of the premises before
the inspection is commenced.
(d) TIMEFRAME FOR INSPECTIONS.—Consistent with the provisions of the Convention, each inspection shall be commenced and

22 USC 6724.

112 STAT. 2681–875

PUBLIC LAW 105–277—OCT. 21, 1998

completed with reasonable promptness and shall be conducted at
reasonable times, within reasonable limits, and in a reasonable
manner.
(e) SCOPE.—
(1) IN GENERAL.—Except as provided in a warrant issued
under section 305 or a facility agreement entered into under
section 302, an inspection conducted under this title may extend
to all things within the premises inspected (including records,
files, papers, processes, controls, structures and vehicles)
related to whether the requirements of the Convention
applicable to such premises have been complied with.
(2) EXCEPTION.—Unless required by the Convention, no
inspection under this title shall extend to—
(A) financial data;
(B) sales and marketing data (other than shipment
data);
(C) pricing data;
(D) personnel data;
(E) research data;
(F) patent data;
(G) data maintained for compliance with environmental
or occupational health and safety regulations; or
(H) personnel and vehicles entering and personnel and
personal passenger vehicles exiting the facility.
(f) SAMPLING AND SAFETY.—
(1) IN GENERAL.—The Director of the United States
National Authority is authorized to require the provision of
samples to a member of the inspection team of the Technical
Secretariat in accordance with the provisions of the Convention.
The owner or the operator, occupant or agent in charge of
the premises to be inspected shall determine whether the sample shall be taken by representatives of the premises or the
inspection team or other individuals present. No sample collected in the United States pursuant to an inspection permitted
by this Act may be transferred for analysis to any laboratory
outside the territory of the United States.
(2) COMPLIANCE WITH REGULATIONS.—In carrying out their
activities, members of the inspection team of the Technical
Secretariat and representatives of agencies or departments
accompanying the inspection team shall observe safety regulations established at the premises to be inspected, including
those for protection of controlled environments within a facility
and for personal safety.
(g) COORDINATION.—The appropriate representatives of the
United States, as designated, if present, shall assist the owner
and the operator, occupant or agent in charge of the premises
to be inspected in interacting with the members of the inspection
team of the Technical Secretariat.
22 USC 6725.

SEC. 305. WARRANTS.

(a) IN GENERAL.—The United States Government shall seek
the consent of the owner or the operator, occupant, or agent in
charge of the premises to be inspected prior to any inspection
referred to in section 304(a). If consent is obtained, a warrant
is not required for the inspection. The owner or the operator,
occupant, or agent in charge of the premises to be inspected may
withhold consent for any reason or no reason. After providing

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–876

notification pursuant to subsection (b), the United States Government may seek a search warrant from a United States magistrate
judge. Proceedings regarding the issuance of a search warrant shall
be conducted ex parte, unless otherwise requested by the United
States Government.
(b) ROUTINE INSPECTIONS.—
(1) OBTAINING ADMINISTRATIVE SEARCH WARRANTS.—For
any routine inspection conducted on the territory of the United
States pursuant to Article VI of the Convention, where consent
has been withheld, the United States Government shall first
obtain an administrative search warrant from a judge of the
United States. The United States Government shall provide
to the judge of the United States all appropriate information
supplied by the Technical Secretariat to the United States
National Authority regarding the basis for the selection of
the plant site, plant, or other facility or location for the type
of inspection sought. The United States Government shall also
provide any other appropriate information available to it relating to the reasonableness of the selection of the plant, plant
site, or other facility or location for the inspection.
(2) CONTENT OF AFFIDAVITS FOR ADMINISTRATIVE SEARCH
WARRANTS.—The judge of the United States shall promptly
issue a warrant authorizing the requested inspection upon an
affidavit submitted by the United States Government showing
that—
(A) the Chemical Weapons Convention is in force for
the United States;
(B) the plant site, plant, or other facility or location
sought to be inspected is required to report data under
title IV of this Act and is subject to routine inspection
under the Convention;
(C) the purpose of the inspection is—
(i) in the case of any facility owned or operated
by a non-Government entity related to Schedule 1
chemical agents, to verify that the facility is not used
to produce any Schedule 1 chemical agent except for
declared chemicals; quantities of Schedule 1 chemicals
produced, processed, or consumed are correctly
declared and consistent with needs for the declared
purpose; and Schedule 1 chemicals are not diverted
or used for other purposes;
(ii) in the case of any facility related to Schedule
2 chemical agents, to verify that activities are in
accordance with obligations under the Convention and
consistent with the information provided in data declarations; and
(iii) in the case of any facility related to Schedule
3 chemical agents and any other chemical production
facility, to verify that the activities of the facility are
consistent with the information provided in data declarations;
(D) the items, documents, and areas to be searched
and seized;
(E) in the case of a facility related to Schedule 2
or Schedule 3 chemical agents or unscheduled discrete
organic chemicals, the plant site has not been subject to
more than 1 routine inspection in the current calendar

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PUBLIC LAW 105–277—OCT. 21, 1998

year, and, in the case of facilities related to Schedule 3
chemical agents or unscheduled discrete organic chemicals,
the inspection will not cause the number of routine inspections in the United States to exceed 20 in a calendar
year;
(F) the selection of the site was made in accordance
with procedures established under the Convention and,
in particular—
(i) in the case of any facility owned or operated
by a non-Government entity related to Schedule 1
chemical agents, the intensity, duration, timing, and
mode of the requested inspection is based on the risk
to the object and purpose of the Convention by the
quantities of chemical produced, the characteristics of
the facility and the nature of activities carried out
at the facility, and the requested inspection, when
considered with previous such inspections of the facility
undertaken in the current calendar year, shall not
exceed the number reasonably required based on the
risk to the object and purpose of the Convention as
described above;
(ii) in the case of any facility related to Schedule
2 chemical agents, the Technical Secretariat gave due
consideration to the risk to the object and purpose
of the Convention posed by the relevant chemical, the
characteristics of the plant site and the nature of activities carried out there, taking into account the respective facility agreement as well as the results of the
initial inspections and subsequent inspections; and
(iii) in the case of any facility related to Schedule
3 chemical agents or unscheduled discrete organic
chemicals, the facility was selected randomly by the
Technical Secretariat using appropriate mechanisms,
such as specifically designed computer software, on
the basis of two weighting factors: (I) equitable geographical distribution of inspections; and (II) the
information on the declared sites available to the Technical Secretariat, related to the relevant chemical, the
characteristics of the plant site, and the nature of
activities carried out there;
(G) the earliest commencement and latest closing dates
and times of the inspection; and
(H) the duration of inspection will not exceed time
limits specified in the Convention unless agreed by the
owner, operator, or agent in charge of the plant.
(3) CONTENT OF WARRANTS.—A warrant issued under paragraph (2) shall specify the same matters required of an affidavit
under that paragraph. In addition to the requirements for
a warrant issued under this paragraph, each warrant shall
contain, if known, the identities of the representatives of the
Technical Secretariat conducting the inspection and the observers of the inspection and, if applicable, the identities of the
representatives of agencies or departments of the United States
accompanying those representatives.
(4) CHALLENGE INSPECTIONS.—
(A) CRIMINAL SEARCH WARRANT.—For any challenge
inspection conducted on the territory of the United States

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–878

pursuant to Article IX of the Chemical Weapons Convention, where consent has been withheld, the United States
Government shall first obtain from a judge of the United
States a criminal search warrant based upon probable
cause, supported by oath or affirmation, and describing
with particularity the place to be searched and the person
or things to be seized.
(B) INFORMATION PROVIDED.—The United States
Government shall provide to the judge of the United
States—
(i) all appropriate information supplied by the
Technical Secretariat to the United States National
Authority regarding the basis for the selection of the
plant site, plant, or other facility or location for the
type of inspection sought;
(ii) any other appropriate information relating to
the reasonableness of the selection of the plant, plant
site, or other facility or location for the inspection;
(iii) information concerning—
(I) the duration and scope of the inspection;
(II) areas to be inspected;
(III) records and data to be reviewed; and
(IV) samples to be taken;
(iv) appropriate evidence or reasons provided by
the requesting state party for the inspection;
(v) any other evidence showing probable cause to
believe that a violation of this Act has occurred or
is occurring; and
(vi) the identities of the representatives of the
Technical Secretariat on the inspection team and the
Federal Government employees accompanying the
inspection team.
(C) CONTENT OF WARRANT.—The warrant shall
specify—
(i) the type of inspection authorized;
(ii) the purpose of the inspection;
(iii) the type of plant site, plant, or other facility
or location to be inspected;
(iv) the areas of the plant site, plant, or other
facility or location to be inspected;
(v) the items, documents, data, equipment, and
computers that may be inspected or seized;
(vi) samples that may be taken;
(vii) the earliest commencement and latest
concluding dates and times of the inspection; and
(viii) the identities of the representatives of the
Technical Secretariat on the inspection teams and the
Federal Government employees accompanying the
inspection team.
SEC. 306. PROHIBITED ACTS RELATING TO INSPECTIONS.

22 USC 6726.

It shall be unlawful for any person willfully to fail or refuse
to permit entry or inspection, or to disrupt, delay, or otherwise
impede an inspection, authorized by this Act.
SEC. 307. NATIONAL SECURITY EXCEPTION.

Consistent with the objective of eliminating chemical weapons,
the President may deny a request to inspect any facility in the

22 USC 6727.

112 STAT. 2681–879

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United States in cases where the President determines that the
inspection may pose a threat to the national security interests
of the United States.
SEC. 308. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRACTORS.

(a) The Office of Federal Procurement Policy Act (41 U.S.C.
403 et seq.) is amended by adding at the end the following:
41 USC 436.

‘‘SEC. 39. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRACTORS.

‘‘(a) PROHIBITION.—A contractor may not be required, as a
condition for entering into a contract with the Federal Government,
to waive any right under the Constitution for any purpose related
to Chemical Weapons Convention Implementation Act of 1997 or
the Chemical Weapons Convention (as defined in section 3 of such
Act).
‘‘(b) CONSTRUCTION.—Nothing in subsection (a) shall be construed to prohibit an executive agency from including in a contract
a clause that requires the contractor to permit inspections for
the purpose of ensuring that the contractor is performing the contract in accordance with the provisions of the contract.’’.
(b) The table of contents in section 1(b) of such Act is amended
by adding at the end the following:
‘‘Sec. 39. Protection of constitutional rights of contractors.’’.
22 USC 6728.

SEC. 309. ANNUAL REPORT ON INSPECTIONS.

(a) IN GENERAL.—Not later than one year after the date of
enactment of this Act, and annually thereafter, the President shall
submit a report in classified and unclassified form to the appropriate
congressional committees on inspections made under the Convention during the preceding year.
(b) CONTENT OF REPORTS.—Each report shall contain the following information for the reporting period:
(1) The name of each company or entity subject to the
jurisdiction of the United States reporting data pursuant to
title IV of this Act.
(2) The number of inspections under the Convention conducted on the territory of the United States.
(3) The number and identity of inspectors conducting any
inspection described in paragraph (2) and the number of inspectors barred from inspection by the United States.
(4) The cost to the United States for each inspection
described in paragraph (2).
(5) The total costs borne by United States business firms
in the course of inspections described in paragraph (2).
(6) A description of the circumstances surrounding inspections described in paragraph (2), including instances of possible
industrial espionage and misconduct of inspectors.
(7) The identity of parties claiming loss of trade secrets,
the circumstances surrounding those losses, and the efforts
taken by the United States Government to redress those losses.
(8) A description of instances where inspections under the
Convention outside the United States have been disrupted or
delayed.
(c) DEFINITION.—The term ‘‘appropriate congressional committees’’ means the Committee on the Judiciary, the Committee on
Foreign Relations, and the Select Committee on Intelligence of

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–880

the Senate and the Committee on the Judiciary, the Committee
on International Relations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
SEC. 310. UNITED STATES ASSISTANCE IN INSPECTIONS AT PRIVATE
FACILITIES.

22 USC 6729.

(a) ASSISTANCE IN PREPARATION FOR INSPECTIONS.—At the
request of an owner of a facility not owned or operated by the
United States Government, or contracted for use by or for the
United States Government, the Secretary of Defense may assist
the facility to prepare the facility for possible inspections pursuant
to the Convention.
(b) REIMBURSEMENT REQUIREMENT.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
owner of a facility provided assistance under subsection (a)
shall reimburse the Secretary for the costs incurred by the
Secretary in providing the assistance.
(2) EXCEPTION.—In the case of assistance provided under
subsection (a) to a facility owned by a person described in
subsection (c), the United States National Authority shall
reimburse the Secretary for the costs incurred by the Secretary
in providing the assistance.
(c) OWNERS COVERED BY UNITED STATES NATIONAL AUTHORITY
REIMBURSEMENTS.—Subsection (b)(2) applies in the case of assistance provided to the following:
(1) SMALL BUSINESS CONCERNS.—A small business concern
as defined in section 3 of the Small Business Act.
(2) DOMESTIC PRODUCERS OF SCHEDULE 3 OR UNSCHEDULED
DISCRETE ORGANIC CHEMICALS.—Any person located in the
United States that—
(A) does not possess, produce, process, consume,
import, or export any Schedule 1 or Schedule 2 chemical;
and
(B) in the calendar year preceding the year in which
the assistance is to be provided, produced—
(i) more than 30 metric tons of Schedule 3 or
unscheduled discrete organic chemicals that contain
phosphorous, sulfur, or fluorine; or
(ii) more than 200 metric tons of unscheduled discrete organic chemicals.

TITLE IV—REPORTS
SEC. 401. REPORTS REQUIRED BY THE UNITED STATES NATIONAL
AUTHORITY.

(a) REGULATIONS ON RECORDKEEPING.—
(1) REQUIREMENTS.—The United States National Authority
shall ensure that regulations are prescribed that require each
person located in the United States who produces, processes,
consumes, exports, or imports, or proposes to produce, process,
consume, export, or import, a chemical substance that is subject
to the Convention to—
(A) maintain and permit access to records related to
that production, processing, consumption, export, or import
of such substance; and

22 USC 6741.

112 STAT. 2681–881

PUBLIC LAW 105–277—OCT. 21, 1998

(B) submit to the Director of the United States National
Authority such reports as the United States National
Authority may reasonably require to provide to the
Organization, pursuant to subparagraph 1(a) of the Annex
on Confidentiality of the Convention, the minimum amount
of information and data necessary for the timely and efficient conduct by the Organization of its responsibilities
under the Convention.
(2) RULEMAKING.—The Director of the United States
National Authority shall ensure that regulations pursuant to
this section are prescribed expeditiously.
(b) COORDINATION.—
(1) AVOIDANCE OF DUPLICATION.—To the extent feasible,
the United States Government shall not require the submission
of any report that is unnecessary or duplicative of any report
required by or under any other law. The head of each Federal
agency shall coordinate the actions of that agency with the
heads of the other Federal agencies in order to avoid the
imposition of duplicative reporting requirements under this
Act or any other law.
(2) DEFINITION.—As used in paragraph (1), the term ‘‘Federal agency’’ has the meaning given the term ‘‘agency’’ in section
551(1) of title 5, United States Code.
22 USC 6742.

SEC. 402. PROHIBITION RELATING TO LOW CONCENTRATIONS OF
SCHEDULE 2 AND 3 CHEMICALS.

(a) PROHIBITION.—Notwithstanding any other provision of this
Act, no person located in the United States shall be required to
report on, or to submit to, any routine inspection conducted for
the purpose of verifying the production, possession, consumption,
exportation, importation, or proposed production, possession,
consumption, exportation, or importation of any substance that
contains less than—
(1) 10 percent concentration of a Schedule 2 chemical;
or
(2) 80 percent concentration of a Schedule 3 chemical.
(b) STANDARD FOR MEASUREMENT OF CONCENTRATION.—The
percent concentration of a chemical in a substance shall be measured on the basis of volume or total weight, which measurement
yields the lesser percent.
22 USC 6743.

SEC. 403. PROHIBITION RELATING TO UNSCHEDULED DISCRETE
ORGANIC CHEMICALS AND COINCIDENTAL BYPRODUCTS
IN WASTE STREAMS.

(a) PROHIBITION.—Notwithstanding any other provision of this
Act, no person located in the United States shall be required to
report on, or to submit to, any routine inspection conducted for
the purpose of verifying the production, possession, consumption,
exportation, importation, or proposed production, possession,
consumption, exportation, or importation of any substance that
is—
(1) an unscheduled discrete organic chemical; and
(2) a coincidental byproduct of a manufacturing or production process that is not isolated or captured for use or sale
during the process and is routed to, or escapes, from the waste
stream of a stack, incinerator, or wastewater treatment system
or any other waste stream.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–882

SEC. 404. CONFIDENTIALITY OF INFORMATION.

(a) FREEDOM OF INFORMATION ACT EXEMPTION FOR CERTAIN
CONVENTION INFORMATION.—Except as provided in subsection (b)
or (c), any confidential business information, as defined in section
103(g), reported to, or otherwise acquired by, the United States
Government under this Act or under the Convention shall not
be disclosed under section 552(a) of title 5, United States Code.
(b) EXCEPTIONS.—
(1) INFORMATION FOR THE TECHNICAL SECRETARIAT.—
Information shall be disclosed or otherwise provided to the
Technical Secretariat or other states parties to the Chemical
Weapons Convention in accordance with the Convention, in
particular, the provisions of the Annex on the Protection of
Confidential Information.
(2) INFORMATION FOR CONGRESS.—Information shall be
made available to any committee or subcommittee of Congress
with appropriate jurisdiction upon the written request of the
chairman or ranking minority member of such committee or
subcommittee, except that no such committee or subcommittee,
and no member and no staff member of such committee or
subcommittee, shall disclose such information or material
except as otherwise required or authorized by law.
(3) INFORMATION FOR ENFORCEMENT ACTIONS.—Information
shall be disclosed to other Federal agencies for enforcement
of this Act or any other law, and shall be disclosed or otherwise
provided when relevant in any proceeding under this Act or
any other law, except that disclosure or provision in such a
proceeding shall be made in such manner as to preserve confidentiality to the extent practicable without impairing the
proceeding.
(c) INFORMATION DISCLOSED IN THE NATIONAL INTEREST.—
(1) AUTHORITY.—The United States Government shall disclose any information reported to, or otherwise required by
the United States Government under this Act or the Convention, including categories of such information, that it determines
is in the national interest to disclose and may specify the
form in which such information is to be disclosed.
(2) NOTICE OF DISCLOSURE.—
(A) REQUIREMENT.—If any Department or agency of
the United States Government proposes pursuant to paragraph (1) to publish or disclose or otherwise provide
information exempt from disclosure under subsection (a),
the United States National Authority shall, unless contrary
to national security or law enforcement needs, provide
notice of intent to disclose the information—
(i) to the person that submitted such information;
and
(ii) in the case of information about a person
received from another source, to the person to whom
that information pertains.
The information may not be disclosed until the expiration
of 30 days after notice under this paragraph has been
provided.
(B) PROCEEDINGS ON OBJECTIONS.—In the event that
the person to which the information pertains objects to
the disclosure, the agency shall promptly review the
grounds for each objection of the person and shall afford

22 USC 6744.

112 STAT. 2681–883

PUBLIC LAW 105–277—OCT. 21, 1998

the objecting person a hearing for the purpose of presenting
the objections to the disclosure. Not later than 10 days
before the scheduled or rescheduled date for the disclosure,
the United States National Authority shall notify such
person regarding whether such disclosure will occur notwithstanding the objections.
(d) CRIMINAL PENALTY FOR WRONGFUL DISCLOSURE.—Any officer or employee of the United States, and any former officer or
employee of the United States, who by reason of such employment
or official position has obtained possession of, or has access to,
information the disclosure or other provision of which is prohibited
by subsection (a), and who, knowing that disclosure or provision
of such information is prohibited by such subsection, willfully discloses or otherwise provides the information in any manner to
any person (including any person located outside the territory of
the United States) not authorized to receive it, shall be fined
under title 18, United States Code, or imprisoned for not more
than five years, or both.
(e) CRIMINAL FORFEITURE.—The property of any person who
violates subsection (d) shall be subject to forfeiture to the United
States in the same manner and to the same extent as is provided
in section 229C of title 18, United States Code, as added by this
Act.
(f) INTERNATIONAL INSPECTORS.—The provisions of this section
shall also apply to employees of the Technical Secretariat.
22 USC 6745.

SEC. 405. RECORDKEEPING VIOLATIONS.

It shall be unlawful for any person willfully to fail or refuse—
(1) to establish or maintain any record required by this
Act or any regulation prescribed under this Act;
(2) to submit any report, notice, or other information to
the United States Government in accordance with this Act
or any regulation prescribed under this Act; or
(3) to permit access to or copying of any record that is
exempt from disclosure under this Act or any regulation prescribed under this Act.

TITLE V—ENFORCEMENT
22 USC 6761.

SEC. 501. PENALTIES.

(a) CIVIL.—
(1) PENALTY AMOUNTS.—
(A) PROHIBITED ACTS RELATING TO INSPECTIONS.—Any
person that is determined, in accordance with paragraph
(2), to have violated section 306 of this Act shall be required
by order to pay a civil penalty in an amount not to exceed
$25,000 for each such violation. For purposes of this paragraph, each day such a violation of section 306 continues
shall constitute a separate violation of that section.
(B) RECORDKEEPING VIOLATIONS.—Any person that is
determined, in accordance with paragraph (2), to have violated section 405 of this Act shall be required by order
to pay a civil penalty in an amount not to exceed $5,000
for each such violation.
(2) HEARING.—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–884

(A) IN GENERAL.—Before imposing an order described
in paragraph (1) against a person under this subsection
for a violation of section 306 or 405, the Secretary of
State shall provide the person or entity with notice and,
upon request made within 15 days of the date of the
notice, a hearing respecting the violation.
(B) CONDUCT OF HEARING.—Any hearing so requested
shall be conducted before an administrative law judge.
The hearing shall be conducted in accordance with the
requirements of section 554 of title 5, United States Code.
If no hearing is so requested, the Secretary of State’s
imposition of the order shall constitute a final and
unappealable order.
(C) ISSUANCE OF ORDERS.—If the administrative law
judge determines, upon the preponderance of the evidence
received, that a person or entity named in the complaint
has violated section 306 or 405, the administrative law
judge shall state his findings of fact and issue and cause
to be served on such person or entity an order described
in paragraph (1).
(D) FACTORS FOR DETERMINATION OF PENALTY
AMOUNTS.—In determining the amount of any civil penalty,
the administrative law judge shall take into account the
nature, circumstances, extent, and gravity of the violation
or violations and, with respect to the violator, the ability
to pay, effect on ability to continue to do business, any
history of prior such violations, the degree of culpability,
the existence of an internal compliance program, and such
other matters as justice may require.
(3) ADMINISTRATIVE APPELLATE REVIEW.—The decision and
order of an administrative law judge shall become the final
agency decision and order of the head of the United States
National Authority unless, within 30 days, the head of the
United States National Authority modifies or vacates the decision and order, with or without conditions, in which case the
decision and order of the head of the United States National
Authority shall become a final order under this subsection.
(4) OFFSETS.—The amount of the civil penalty under a
final order of the United States National Authority may be
deducted from any sums owed by the United States to the
person.
(5) JUDICIAL REVIEW.—A person adversely affected by a
final order respecting an assessment may, within 30 days after
the date the final order is issued, file a petition in the Court
of Appeals for the District of Columbia Circuit or for any
other circuit in which the person resides or transacts business.
(6) ENFORCEMENT OF ORDERS.—If a person fails to comply
with a final order issued under this subsection against the
person or entity—
(A) after the order making the assessment has become
a final order and if such person does not file a petition
for judicial review of the order in accordance with paragraph (5), or
(B) after a court in an action brought under paragraph
(5) has entered a final judgment in favor of the United
States National Authority,

112 STAT. 2681–885

PUBLIC LAW 105–277—OCT. 21, 1998

the Secretary of State shall file a suit to seek compliance
with the order in any appropriate district court of the United
States, plus interest at currently prevailing rates calculated
from the date of expiration of the 30-day period referred to
in paragraph (5) or the date of such final judgment, as the
case may be. In any such suit, the validity and appropriateness
of the final order shall not be subject to review.
(b) CRIMINAL.—Any person who knowingly violates any
provision of section 306 or 405 of this Act, shall, in addition
to or in lieu of any civil penalty which may be imposed under
subsection (a) for such violation, be fined under title 18, United
States Code, imprisoned for not more than one year, or both.
22 USC 6762.

SEC. 502. SPECIFIC ENFORCEMENT.

(a) JURISDICTION.—The district courts of the United States
shall have jurisdiction over civil actions to—
(1) restrain any violation of section 306 or 405 of this
Act; and
(2) compel the taking of any action required by or under
this Act or the Convention.
(b) CIVIL ACTIONS.—
(1) IN GENERAL.—A civil action described in subsection
(a) may be brought—
(A) in the case of a civil action described in subsection
(a)(1), in the United States district court for the judicial
district in which any act, omission, or transaction constituting a violation of section 306 or 405 occurred or in which
the defendant is found or transacts business; or
(B) in the case of a civil action described in subsection
(a)(2), in the United States district court for the judicial
district in which the defendant is found or transacts business.
(2) SERVICE OF PROCESS.—In any such civil action process
may be served on a defendant wherever the defendant may
reside or may be found, whether the defendant resides or
may be found within the United States or elsewhere.
22 USC 6763.

SEC. 503. EXPEDITED JUDICIAL REVIEW.

(a) CIVIL ACTION.—Any person or entity subject to a search
under this Act may file a civil action challenging the constitutionality of any provision of this Act. Notwithstanding any other provision
of law, during the full calendar year of, and the two full calendar
years following, the enactment of this Act, the district court shall
accord such a case a priority in its disposition ahead of all other
civil actions except for actions challenging the legality and conditions of confinement.
(b) EN BANC REVIEW.—Notwithstanding any other provision
of law, during the full calendar year of, and the two full calendar
years following, the enactment of this Act, any appeal from a
final order entered by a district court in an action brought under
subsection (a) shall be heard promptly by the full Court of Appeals
sitting en banc.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–886

TITLE VI—MISCELLANEOUS
PROVISIONS
SEC. 601. REPEAL.

Section 808 of the Department of Defense Appropriation
Authorization Act, 1978 (50 U.S.C. 1520; relating to the use of
human subjects for the testing of chemical or biological agents)
is repealed.
SEC. 602. PROHIBITION.

22 USC 6771.

(a) IN GENERAL.—Neither the Secretary of Defense nor any
other officer or employee of the United States may, directly or
by contract—
(1) conduct any test or experiment involving the use of
any chemical or biological agent on a civilian population; or
(2) use human subjects for the testing of chemical or
biological agents.
(b) CONSTRUCTION.—Nothing in subsection (a) may be construed
to prohibit actions carried out for purposes not prohibited by this
Act (as defined in section 3(8)).
(c) BIOLOGICAL AGENT DEFINED.—In this section, the term
‘‘biological agent’’ means any micro-organism (including bacteria,
viruses, fungi, rickettsiae or protozoa), pathogen, or infectious substance, or any naturally occurring, bio-engineered or synthesized
component of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, capable of
causing—
(1) death, disease, or other biological malfunction in a
human, an animal, a plant, or another living organism;
(2) deterioration of food, water, equipment, supplies, or
materials of any kind; or
(3) deleterious alteration of the environment.
SEC. 603. BANKRUPTCY ACTIONS.

Section 362(b) of title 11, United States Code, is amended—
(1) by striking paragraphs (4) and (5); and
(2) by inserting after paragraph (3) the following:
‘‘(4) under paragraph (1), (2), (3), or (6) of subsection (a)
of this section, of the commencement or continuation of an
action or proceeding by a governmental unit or any organization
exercising authority under the Convention on the Prohibition
of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature
on January 13, 1993, to enforce such governmental unit’s or
organization’s police and regulatory power, including the
enforcement of a judgment other than a money judgment,
obtained in an action or proceeding by the governmental unit
to enforce such governmental unit’s or organization’s police
or regulatory power;’’.
DIVISION J—REVENUES AND MEDICARE
SEC. 1000. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This division may be cited as the ‘‘Tax and
Trade Relief Extension Act of 1998’’.

Tax and Trade
Relief Extension
Act of 1998.
26 USC 1 note.

112 STAT. 2681–887

PUBLIC LAW 105–277—OCT. 21, 1998

(b) AMENDMENT OF 1986 CODE.—Except as otherwise expressly
provided, whenever in this division an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made
to a section or other provision of the Internal Revenue Code of
1986.
(c) TABLE OF CONTENTS.—
DIVISION J—REVENUES AND MEDICARE
Sec. 1000. Short title; amendment of 1986 Code; table of contents.
TITLE I—EXTENSION AND MODIFICATION OF CERTAIN EXPIRING
PROVISIONS
Subtitle A—Tax Provisions
Research credit.
Work opportunity credit.
Welfare-to-work credit.
Contributions of stock to private foundations; expanded public inspection
of private foundations’ annual returns.
Sec. 1005. Subpart F exemption for active financing income.
Sec. 1006. Disclosure of return information on income contingent student loans.
Sec.
Sec.
Sec.
Sec.

1001.
1002.
1003.
1004.

Subtitle B—Trade Provisions
Sec. 1011. Extension of duty-free treatment under Generalized System of Preferences.
Sec. 1012. Trade adjustment assistance.
TITLE II—OTHER TAX PROVISIONS
Subtitle A—Provisions Relating to Individuals
Sec. 2001. Nonrefundable personal credits fully allowed against regular tax liability
during 1998.
Sec. 2002. 100 percent deduction for health insurance costs of self-employed individuals.
Sec. 2003. Modification of estimated tax safe harbors.
Subtitle B—Provisions Relating to Farmers
Sec. 2011. Income averaging for farmers made permanent.
Sec. 2012. Production flexibility contract payments.
Sec. 2013. 5-year net operating loss carryback for farming losses.
Subtitle C—Miscellaneous Provisions
Sec. 2021. Increase in volume cap on private activity bonds.
Sec. 2022. Depreciation study.
Sec. 2023. Exemption for students employed by State schools, colleges, or universities.
TITLE III—REVENUE OFFSETS
Sec. 3001. Treatment of certain deductible liquidating distributions of regulated investment companies and real estate investment trusts.
Sec. 3002. Inclusion of rotavirus gastroenteritis as a taxable vaccine.
Sec. 3003. Clarification and expansion of mathematical error assessment procedures.
Sec. 3004. Clarification of definition of specified liability loss.
TITLE IV—TECHNICAL CORRECTIONS
Sec. 4001. Definitions; coordination with other subtitles.
Sec. 4002. Amendments related to Internal Revenue Service Restructuring and Reform Act of 1998.
Sec. 4003. Amendments related to Taxpayer Relief Act of 1997.
Sec. 4004. Amendments related to Tax Reform Act of 1984.
Sec. 4005. Amendments related to Uruguay Round Agreements Act.
Sec. 4006. Other amendments.
TITLE V—MEDICARE-RELATED PROVISIONS
Subtitle A—Home Health
Sec. 5101. Increase in per beneficiary limits and per visit payment limits for payment for home health services.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–888

Subtitle B—Other Medicare-Related Provisions
Sec. 5201. Authorization of additional exceptions to imposition of penalties for providing inducements to beneficiaries.
Sec. 5202. Expansion of membership of MedPAC to 17.
Subtitle C—Revenue Offsets
Sec. 5301. Tax treatment of cash option for qualified prizes.

TITLE I—EXTENSION AND MODIFICATION OF CERTAIN
EXPIRING PROVISIONS
Subtitle A—Tax Provisions
SEC. 1001. RESEARCH CREDIT.

(a) TEMPORARY EXTENSION.—Paragraph (1) of section 41(h)
(relating to termination) is amended—
(1) by striking ‘‘June 30, 1998’’ and inserting ‘‘June 30,
1999’’;
(2) by striking ‘‘24-month’’ and inserting ‘‘36-month’’; and
(3) by striking ‘‘24 months’’ and inserting ‘‘36 months’’.
(b) TECHNICAL AMENDMENT.—Subparagraph (D) of section
45C(b)(1) is amended by striking ‘‘June 30, 1998’’ and inserting
‘‘June 30, 1999’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to amounts paid or incurred after June 30, 1998.

26 USC 41 note.

SEC. 1002. WORK OPPORTUNITY CREDIT.

(a) TEMPORARY EXTENSION.—Subparagraph (B) of section
51(c)(4) (relating to termination) is amended by striking ‘‘June
30, 1998’’ and inserting ‘‘June 30, 1999’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to individuals who begin work for the employer after
June 30, 1998.

26 USC 51 note.

SEC. 1003. WELFARE-TO-WORK CREDIT.

Subsection (f) of section 51A (relating to termination) is amended by striking ‘‘April 30, 1999’’ and inserting ‘‘June 30, 1999’’.
SEC. 1004. CONTRIBUTIONS OF STOCK TO PRIVATE FOUNDATIONS;
EXPANDED PUBLIC INSPECTION OF PRIVATE FOUNDATIONS’ ANNUAL RETURNS.

(a) SPECIAL RULE

FOR

CONTRIBUTIONS

OF

STOCK MADE PERMA-

NENT.—

(1) IN GENERAL.—Paragraph (5) of section 170(e) is amended by striking subparagraph (D) (relating to termination).
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall apply to contributions made after June 30, 1998.
(b) EXPANDED PUBLIC INSPECTION OF PRIVATE FOUNDATIONS’
ANNUAL RETURNS, ETC.—
(1) IN GENERAL.—Section 6104 (relating to publicity of
information required from certain exempt organizations and
certain trusts) is amended by striking subsections (d) and (e)
and inserting after subsection (c) the following new subsection:
‘‘(d) PUBLIC INSPECTION OF CERTAIN ANNUAL RETURNS AND
APPLICATIONS FOR EXEMPTION.—
‘‘(1) IN GENERAL.—In the case of an organization described
in subsection (c) or (d) of section 501 and exempt from taxation
under section 501(a)—
‘‘(A) a copy of—

26 USC 170 note.

112 STAT. 2681–889

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(i) the annual return filed under section 6033
(relating to returns by exempt organizations) by such
organization, and
‘‘(ii) if the organization filed an application for
recognition of exemption under section 501, the exempt
status application materials of such organization,
shall be made available by such organization for inspection
during regular business hours by any individual at the
principal office of such organization and, if such organization regularly maintains 1 or more regional or district
offices having 3 or more employees, at each such regional
or district office, and
‘‘(B) upon request of an individual made at such principal office or such a regional or district office, a copy
of such annual return and exempt status application materials shall be provided to such individual without charge
other than a reasonable fee for any reproduction and mailing costs.
The request described in subparagraph (B) must be made in
person or in writing. If such request is made in person, such
copy shall be provided immediately and, if made in writing,
shall be provided within 30 days.
‘‘(2) 3-YEAR LIMITATION ON INSPECTION OF RETURNS.—Paragraph (1) shall apply to an annual return filed under section
6033 only during the 3-year period beginning on the last day
prescribed for filing such return (determined with regard to
any extension of time for filing).
‘‘(3) EXCEPTIONS FROM DISCLOSURE REQUIREMENT.—
‘‘(A) NONDISCLOSURE OF CONTRIBUTORS, ETC.—In the
case of an organization which is not a private foundation
(within the meaning of section 509(a)), paragraph (1) shall
not require the disclosure of the name or address of any
contributor to the organization. In the case of an organization described in section 501(d), paragraph (1) shall not
require the disclosure of the copies referred to in section
6031(b) with respect to such organization.
‘‘(B) NONDISCLOSURE OF CERTAIN OTHER INFORMATION.—Paragraph (1) shall not require the disclosure of
any information if the Secretary withheld such information
from public inspection under subsection (a)(1)(D).
‘‘(4) LIMITATION ON PROVIDING COPIES.—Paragraph (1)(B)
shall not apply to any request if, in accordance with regulations
promulgated by the Secretary, the organization has made the
requested documents widely available, or the Secretary determines, upon application by an organization, that such request
is part of a harassment campaign and that compliance with
such request is not in the public interest.
‘‘(5) EXEMPT STATUS APPLICATION MATERIALS.—For purposes
of paragraph (1), the term ‘exempt status application materials’
means the application for recognition of exemption under section 501 and any papers submitted in support of such application and any letter or other document issued by the Internal
Revenue Service with respect to such application.’’.
(2) CONFORMING AMENDMENTS.—
(A) Subsection (c) of section 6033 is amended by adding
‘‘and’’ at the end of paragraph (1), by striking paragraph
(2), and by redesignating paragraph (3) as paragraph (2).

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–890

(B) Subparagraph (C) of section 6652(c)(1) is amended
by striking ‘‘subsection (d) or (e)(1) of section 6104 (relating
to public inspection of annual returns)’’ and inserting ‘‘section 6104(d) with respect to any annual return’’.
(C) Subparagraph (D) of section 6652(c)(1) is amended
by striking ‘‘section 6104(e)(2) (relating to public inspection
of applications for exemption)’’ and inserting ‘‘section
6104(d) with respect to any exempt status application materials (as defined in such section)’’.
(D) Section 6685 is amended by striking ‘‘or (e)’’.
(E) Section 7207 is amended by striking ‘‘or (e)’’.
(3) EFFECTIVE DATE.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the amendments made by this subsection shall apply
to requests made after the later of December 31, 1998,
or the 60th day after the Secretary of the Treasury first
issues the regulations referred to in section 6104(d)(4) of
the Internal Revenue Code of 1986, as amended by this
section.
(B) PUBLICATION OF ANNUAL RETURNS.—Section
6104(d) of such Code, as in effect before the amendments
made by this subsection, shall not apply to any return
the due date for which is after the date such amendments
take effect under subparagraph (A).
SEC. 1005. SUBPART F EXEMPTION FOR ACTIVE FINANCING INCOME.

(a) INCOME DERIVED FROM BANKING, FINANCING, OR SIMILAR
BUSINESSES.—Section 954(h) (relating to income derived in the
active conduct of banking, financing, or similar businesses) is
amended to read as follows:
‘‘(h) SPECIAL RULE FOR INCOME DERIVED IN THE ACTIVE CONDUCT OF BANKING, FINANCING, OR SIMILAR BUSINESSES.—
‘‘(1) IN GENERAL.—For purposes of subsection (c)(1), foreign
personal holding company income shall not include qualified
banking or financing income of an eligible controlled foreign
corporation.
‘‘(2) ELIGIBLE CONTROLLED FOREIGN CORPORATION.—For
purposes of this subsection—
‘‘(A) IN GENERAL.—The term ‘eligible controlled foreign
corporation’ means a controlled foreign corporation which—
‘‘(i) is predominantly engaged in the active conduct
of a banking, financing, or similar business, and
‘‘(ii) conducts substantial activity with respect to
such business.
‘‘(B) PREDOMINANTLY ENGAGED.—A controlled foreign
corporation shall be treated as predominantly engaged in
the active conduct of a banking, financing, or similar business if—
‘‘(i) more than 70 percent of the gross income of
the controlled foreign corporation is derived directly
from the active and regular conduct of a lending or
finance business from transactions with customers
which are not related persons,
‘‘(ii) it is engaged in the active conduct of a banking
business and is an institution licensed to do business
as a bank in the United States (or is any other

26 USC 6104
note.

112 STAT. 2681–891

PUBLIC LAW 105–277—OCT. 21, 1998

corporation not so licensed which is specified by the
Secretary in regulations), or
‘‘(iii) it is engaged in the active conduct of a securities business and is registered as a securities broker
or dealer under section 15(a) of the Securities Exchange
Act of 1934 or is registered as a Government securities
broker or dealer under section 15C(a) of such Act (or
is any other corporation not so registered which is
specified by the Secretary in regulations).
‘‘(3) QUALIFIED BANKING OR FINANCING INCOME.—For purposes of this subsection—
‘‘(A) IN GENERAL.—The term ‘qualified banking or
financing income’ means income of an eligible controlled
foreign corporation which—
‘‘(i) is derived in the active conduct of a banking,
financing, or similar business by—
‘‘(I) such eligible controlled foreign corporation,
or
‘‘(II) a qualified business unit of such eligible
controlled foreign corporation,
‘‘(ii) is derived from one or more transactions—
‘‘(I) with customers located in a country other
than the United States, and
‘‘(II) substantially all of the activities in
connection with which are conducted directly by
the corporation or unit in its home country, and
‘‘(iii) is treated as earned by such corporation or
unit in its home country for purposes of such country’s
tax laws.
‘‘(B) LIMITATION ON NONBANKING AND NONSECURITIES
BUSINESSES.—No income of an eligible controlled foreign
corporation not described in clause (ii) or (iii) of paragraph
(2)(B) (or of a qualified business unit of such corporation)
shall be treated as qualified banking or financing income
unless more than 30 percent of such corporation’s or unit’s
gross income is derived directly from the active and regular
conduct of a lending or finance business from transactions
with customers which are not related persons and which
are located within such corporation’s or unit’s home country.
‘‘(C) SUBSTANTIAL ACTIVITY REQUIREMENT FOR CROSS
BORDER INCOME.—The term ‘qualified banking or financing
income’ shall not include income derived from 1 or more
transactions with customers located in a country other
than the home country of the eligible controlled foreign
corporation or a qualified business unit of such corporation
unless such corporation or unit conducts substantial activity with respect to a banking, financing, or similar business
in its home country.
‘‘(D) DETERMINATIONS MADE SEPARATELY.—For purposes of this paragraph, the qualified banking or financing
income of an eligible controlled foreign corporation and
each qualified business unit of such corporation shall be
determined separately for such corporation and each such
unit by taking into account—
‘‘(i) in the case of the eligible controlled foreign
corporation, only items of income, deduction, gain, or

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–892

loss and activities of such corporation not properly
allocable or attributable to any qualified business unit
of such corporation, and
‘‘(ii) in the case of a qualified business unit, only
items of income, deduction, gain, or loss and activities
properly allocable or attributable to such unit.
‘‘(4) LENDING OR FINANCE BUSINESS.—For purposes of this
subsection, the term ‘lending or finance business’ means the
business of—
‘‘(A) making loans,
‘‘(B) purchasing or discounting accounts receivable,
notes, or installment obligations,
‘‘(C) engaging in leasing (including entering into leases
and purchasing, servicing, and disposing of leases and
leased assets),
‘‘(D) issuing letters of credit or providing guarantees,
‘‘(E) providing charge and credit card services, or
‘‘(F) rendering services or making facilities available
in connection with activities described in subparagraphs
(A) through (E) carried on by—
‘‘(i) the corporation (or qualified business unit) rendering services or making facilities available, or
‘‘(ii) another corporation (or qualified business unit
of a corporation) which is a member of the same affiliated group (as defined in section 1504, but determined
without regard to section 1504(b)(3)).
‘‘(5) OTHER DEFINITIONS.—For purposes of this subsection—
‘‘(A) CUSTOMER.—The term ‘customer’ means, with
respect to any controlled foreign corporation or qualified
business unit, any person which has a customer relationship with such corporation or unit and which is acting
in its capacity as such.
‘‘(B) HOME COUNTRY.—Except as provided in
regulations—
‘‘(i) CONTROLLED FOREIGN CORPORATION.—The
term ‘home country’ means, with respect to any controlled foreign corporation, the country under the laws
of which the corporation was created or organized.
‘‘(ii) QUALIFIED BUSINESS UNIT.—The term ‘home
country’ means, with respect to any qualified business
unit, the country in which such unit maintains its
principal office.
‘‘(C) LOCATED.—The determination of where a customer
is located shall be made under rules prescribed by the
Secretary.
‘‘(D) QUALIFIED BUSINESS UNIT.—The term ‘qualified
business unit’ has the meaning given such term by section
989(a).
‘‘(E) RELATED PERSON.—The term ‘related person’ has
the meaning given such term by subsection (d)(3).
‘‘(6) COORDINATION WITH EXCEPTION FOR DEALERS.—Paragraph (1) shall not apply to income described in subsection
(c)(2)(C)(ii) of a dealer in securities (within the meaning of
section 475) which is an eligible controlled foreign corporation
described in paragraph (2)(B)(iii).
‘‘(7) ANTI-ABUSE RULES.—For purposes of applying this subsection and subsection (c)(2)(C)(ii)—

112 STAT. 2681–893

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(A) there shall be disregarded any item of income,
gain, loss, or deduction with respect to any transaction
or series of transactions one of the principal purposes of
which is qualifying income or gain for the exclusion under
this section, including any transaction or series of transactions a principal purpose of which is the acceleration
or deferral of any item in order to claim the benefits of
such exclusion through the application of this subsection,
‘‘(B) there shall be disregarded any item of income,
gain, loss, or deduction of an entity which is not engaged
in regular and continuous transactions with customers
which are not related persons,
‘‘(C) there shall be disregarded any item of income,
gain, loss, or deduction with respect to any transaction
or series of transactions utilizing, or doing business with—
‘‘(i) one or more entities in order to satisfy any
home country requirement under this subsection, or
‘‘(ii) a special purpose entity or arrangement,
including a securitization, financing, or similar entity
or arrangement,
if one of the principal purposes of such transaction or
series of transactions is qualifying income or gain for the
exclusion under this subsection, and
‘‘(D) a related person, an officer, a director, or an
employee with respect to any controlled foreign corporation
(or qualified business unit) which would otherwise be treated as a customer of such corporation or unit with respect
to any transaction shall not be so treated if a principal
purpose of such transaction is to satisfy any requirement
of this subsection.
‘‘(8) REGULATIONS.—The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this subsection, subsection (c)(1)(B)(i), subsection (c)(2)(C)(ii), and the last sentence of subsection (e)(2).
‘‘(9) APPLICATION.—This subsection, subsection (c)(2)(C)(ii),
and the last sentence of subsection (e)(2) shall apply only to
the first taxable year of a foreign corporation beginning after
December 31, 1998, and before January 1, 2000, and to taxable
years of United States shareholders with or within which such
taxable year of such foreign corporation ends.’’.
(b) INCOME DERIVED FROM INSURANCE BUSINESS.—
(1) INCOME ATTRIBUTABLE TO ISSUANCE OR REINSURANCE.—
(A) IN GENERAL.—Section 953(a) (defining insurance
income) is amended to read as follows:
‘‘(a) INSURANCE INCOME.—
‘‘(1) IN GENERAL.—For purposes of section 952(a)(1), the
term ‘insurance income’ means any income which—
‘‘(A) is attributable to the issuing (or reinsuring) of
an insurance or annuity contract, and
‘‘(B) would (subject to the modifications provided by
subsection (b)) be taxed under subchapter L of this chapter
if such income were the income of a domestic insurance
company.
‘‘(2) EXCEPTION.—Such term shall not include any exempt
insurance income (as defined in subsection (e)).’’.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–894

(B) EXEMPT INSURANCE INCOME.—Section 953 (relating
to insurance income) is amended by adding at the end
the following new subsection:
‘‘(e) EXEMPT INSURANCE INCOME.—For purposes of this section—
‘‘(1) EXEMPT INSURANCE INCOME DEFINED.—
‘‘(A) IN GENERAL.—The term ‘exempt insurance income’
means income derived by a qualifying insurance company
which—
‘‘(i) is attributable to the issuing (or reinsuring)
of an exempt contract by such company or a qualifying
insurance company branch of such company, and
‘‘(ii) is treated as earned by such company or
branch in its home country for purposes of such country’s tax laws.
‘‘(B) EXCEPTION FOR CERTAIN ARRANGEMENTS.—Such
term shall not include income attributable to the issuing
(or reinsuring) of an exempt contract as the result of any
arrangement whereby another corporation receives a
substantially equal amount of premiums or other consideration in respect of issuing (or reinsuring) a contract which
is not an exempt contract.
‘‘(C) DETERMINATIONS MADE SEPARATELY.—For purposes of this subsection and section 954(i), the exempt
insurance income and exempt contracts of a qualifying
insurance company or any qualifying insurance company
branch of such company shall be determined separately
for such company and each such branch by taking into
account—
‘‘(i) in the case of the qualifying insurance company, only items of income, deduction, gain, or loss,
and activities of such company not properly allocable
or attributable to any qualifying insurance company
branch of such company, and
‘‘(ii) in the case of a qualifying insurance company
branch, only items of income, deduction, gain, or loss
and activities properly allocable or attributable to such
branch.
‘‘(2) EXEMPT CONTRACT.—
‘‘(A) IN GENERAL.—The term ‘exempt contract’ means
an insurance or annuity contract issued or reinsured by
a qualifying insurance company or qualifying insurance
company branch in connection with property in, liability
arising out of activity in, or the lives or health of residents
of, a country other than the United States.
‘‘(B) MINIMUM HOME COUNTRY INCOME REQUIRED.—
‘‘(i) IN GENERAL.—No contract of a qualifying insurance company or of a qualifying insurance company
branch shall be treated as an exempt contract unless
such company or branch derives more than 30 percent
of its net written premiums from exempt contracts
(determined without regard to this subparagraph)—
‘‘(I) which cover applicable home country risks,
and
‘‘(II) with respect to which no policyholder,
insured, annuitant, or beneficiary is a related person (as defined in section 954(d)(3)).

112 STAT. 2681–895

PUBLIC LAW 105–277—OCT. 21, 1998

‘‘(ii) APPLICABLE HOME COUNTRY RISKS.—The term
‘applicable home country risks’ means risks in connection with property in, liability arising out of activity
in, or the lives or health of residents of, the home
country of the qualifying insurance company or qualifying insurance company branch, as the case may be,
issuing or reinsuring the contract covering the risks.
‘‘(C) SUBSTANTIAL ACTIVITY REQUIREMENTS FOR CROSS
BORDER RISKS.—A contract issued by a qualifying insurance
company or qualifying insurance company branch which
covers risks other than applicable home country risks (as
defined in subparagraph (B)(ii)) shall not be treated as
an exempt contract unless such company or branch, as
the case may be—
‘‘(i) conducts substantial activity with respect to
an insurance business in its home country, and
‘‘(ii) performs in its home country substantially
all of the activities necessary to give rise to the income
generated by such contract.
‘‘(3) QUALIFYING INSURANCE COMPANY.—The term ‘qualifying insurance company’ means any controlled foreign corporation which—
‘‘(A) is subject to regulation as an insurance (or reinsurance) company by its home country, and is licensed, authorized, or regulated by the applicable insurance regulatory
body for its home country to sell insurance, reinsurance,
or annuity contracts to persons other than related persons
(within the meaning of section 954(d)(3)) in such home
country,
‘‘(B) derives more than 50 percent of its aggregate
net written premiums from the issuance or reinsurance
by such controlled foreign corporation and each of its
qualifying insurance company branches of contracts—
‘‘(i) covering applicable home country risks (as
defined in paragraph (2)) of such corporation or branch,
as the case may be, and
‘‘(ii) with respect to which no policyholder, insured,
annuitant, or beneficiary is a related person (as defined
in section 954(d)(3)),
except that in the case of a branch, such premiums shall
only be taken into account to the extent such premiums
are treated as earned by such branch in its home country
for purposes of such country’s tax laws, and
‘‘(C) is engaged in the insurance business and would
be subject to tax under subchapter L if it were a domestic
corporation.
‘‘(4) QUALIFYING INSURANCE COMPANY BRANCH.—The term
‘qualifying insurance company branch’ means a qualified business unit (within the meaning of section 989(a)) of a controlled
foreign corporation if—
‘‘(A) such unit is licensed, authorized, or regulated
by the applicable insurance regulatory body for its home
country to sell insurance, reinsurance, or annuity contracts
to persons other than related persons (within the meaning
of section 954(d)(3)) in such home country, and

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–896

‘‘(B) such controlled foreign corporation is a qualifying
insurance company, determined under paragraph (3) as
if such unit were a qualifying insurance company branch.
‘‘(5) LIFE INSURANCE OR ANNUITY CONTRACT.—For purposes
of this section and section 954, the determination of whether
a contract issued by a controlled foreign corporation or a qualified business unit (within the meaning of section 989(a)) is
a life insurance contract or an annuity contract shall be made
without regard to sections 72(s), 101(f), 817(h), and 7702 if—
‘‘(A) such contract is regulated as a life insurance or
annuity contract by the corporation’s or unit’s home country, and
‘‘(B) no policyholder, insured, annuitant, or beneficiary
with respect to the contract is a United States person.
‘‘(6) HOME COUNTRY.—For purposes of this subsection,
except as provided in regulations—
‘‘(A) CONTROLLED FOREIGN CORPORATION.—The term
‘home country’ means, with respect to a controlled foreign
corporation, the country in which such corporation is created or organized.
‘‘(B) QUALIFIED BUSINESS UNIT.—The term ‘home country’ means, with respect to a qualified business unit (as
defined in section 989(a)), the country in which the principal office of such unit is located and in which such unit
is licensed, authorized, or regulated by the applicable insurance regulatory body to sell insurance, reinsurance, or
annuity contracts to persons other than related persons
(as defined in section 954(d)(3)) in such country.
‘‘(7) ANTI-ABUSE RULES.—For purposes of applying this subsection and section 954(i)—
‘‘(A) the rules of section 954(h)(7) (other than subparagraph (B) thereof) shall apply,
‘‘(B) there shall be disregarded any item of income,
gain, loss, or deduction of, or derived from, an entity which
is not engaged in regular and continuous transactions with
persons which are not related persons,
‘‘(C) there shall be disregarded any change in the
method of computing reserves a principal purpose of which
is the acceleration or deferral of any item in order to
claim the benefits of this subsection or section 954(i),
‘‘(D) a contract of insurance or reinsurance shall not
be treated as an exempt contract (and premiums from
such contract shall not be taken into account for purposes
of paragraph (2)(B) or (3)) if—
‘‘(i) any policyholder, insured, annuitant, or beneficiary is a resident of the United States and such
contract was marketed to such resident and was written to cover a risk outside the United States, or
‘‘(ii) the contract covers risks located within and
without the United States and the qualifying insurance
company or qualifying insurance company branch does
not maintain such contemporaneous records, and file
such reports, with respect to such contract as the Secretary may require,
‘‘(E) the Secretary may prescribe rules for the allocation
of contracts (and income from contracts) among 2 or more
qualifying insurance company branches of a qualifying

Regulations.

112 STAT. 2681–897

PUBLIC LAW 105–277—OCT. 21, 1998

insurance company in order to clearly reflect the income
of such branches, and
‘‘(F) premiums from a contract shall not be taken into
account for purposes of paragraph (2)(B) or (3) if such
contract reinsures a contract issued or reinsured by a
related person (as defined in section 954(d)(3)).
For purposes of subparagraph (D), the determination of where
risks are located shall be made under the principles of section
953.
‘‘(8) COORDINATION WITH SUBSECTION (c).—In determining
insurance income for purposes of subsection (c), exempt insurance income shall not include income derived from exempt
contracts which cover risks other than applicable home country
risks.
‘‘(9) REGULATIONS.—The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this subsection and section 954(i).
‘‘(10) APPLICATION.—This subsection and section 954(i)
shall apply only to the first taxable year of a foreign corporation
beginning after December 31, 1998, and before January 1,
2000, and to taxable years of United States shareholders with
or within which such taxable year of such foreign corporation
ends.
‘‘(11) CROSS REFERENCE.—
‘‘For income exempt from foreign personal holding company income, see section 954(i).’’.

(2) EXEMPTION FROM FOREIGN PERSONAL HOLDING COMPANY
INCOME.—Section 954 (defining foreign base company income)
is amended by adding at the end the following new subsection:
‘‘(i) SPECIAL RULE FOR INCOME DERIVED IN THE ACTIVE CONDUCT OF INSURANCE BUSINESS.—
‘‘(1) IN GENERAL.—For purposes of subsection (c)(1), foreign
personal holding company income shall not include qualified
insurance income of a qualifying insurance company.
‘‘(2) QUALIFIED INSURANCE INCOME.—The term ‘qualified
insurance income’ means income of a qualifying insurance company which is—
‘‘(A) received from a person other than a related person
(within the meaning of subsection (d)(3)) and derived from
the investments made by a qualifying insurance company
or a qualifying insurance company branch of its reserves
allocable to exempt contracts or of 80 percent of its
unearned premiums from exempt contracts (as both are
determined in the manner prescribed under paragraph (4)),
or
‘‘(B) received from a person other than a related person
(within the meaning of subsection (d)(3)) and derived from
investments made by a qualifying insurance company or
a qualifying insurance company branch of an amount of
its assets allocable to exempt contracts equal to—
‘‘(i) in the case of property, casualty, or health
insurance contracts, one-third of its premiums earned
on such insurance contracts during the taxable year
(as defined in section 832(b)(4)), and
‘‘(ii) in the case of life insurance or annuity contracts, 10 percent of the reserves described in subparagraph (A) for such contracts.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–898

‘‘(3) PRINCIPLES FOR DETERMINING INSURANCE INCOME.—
Except as provided by the Secretary, for purposes of subparagraphs (A) and (B) of paragraph (2)—
‘‘(A) in the case of any contract which is a separate
account-type contract (including any variable contract not
meeting the requirements of section 817), income credited
under such contract shall be allocable only to such contract,
and
‘‘(B) income not allocable under subparagraph (A) shall
be allocated ratably among contracts not described in
subparagraph (A).
‘‘(4) METHODS FOR DETERMINING UNEARNED PREMIUMS AND
RESERVES.—For purposes of paragraph (2)(A)—
‘‘(A) PROPERTY AND CASUALTY CONTRACTS.—The
unearned premiums and reserves of a qualifying insurance
company or a qualifying insurance company branch with
respect to property, casualty, or health insurance contracts
shall be determined using the same methods and interest
rates which would be used if such company or branch
were subject to tax under subchapter L, except that—
‘‘(i) the interest rate determined for the functional
currency of the company or branch, and which, except
as provided by the Secretary, is calculated in the same
manner as the Federal mid-term rate under section
1274(d), shall be substituted for the applicable Federal
interest rate, and
‘‘(ii) such company or branch shall use the appropriate foreign loss payment pattern.
‘‘(B) LIFE INSURANCE AND ANNUITY CONTRACTS.—The
amount of the reserve of a qualifying insurance company
or qualifying insurance company branch for any life insurance or annuity contract shall be equal to the greater
of—
‘‘(i) the net surrender value of such contract (as
defined in section 807(e)(1)(A)), or
‘‘(ii) the reserve determined under paragraph (5).
‘‘(C) LIMITATION ON RESERVES.—In no event shall the
reserve determined under this paragraph for any contract
as of any time exceed the amount which would be taken
into account with respect to such contract as of such time
in determining foreign statement reserves (less any catastrophe, deficiency, equalization, or similar reserves).
‘‘(5) AMOUNT OF RESERVE.—The amount of the reserve
determined under this paragraph with respect to any contract
shall be determined in the same manner as it would be determined if the qualifying insurance company or qualifying insurance company branch were subject to tax under subchapter
L, except that in applying such subchapter—
‘‘(A) the interest rate determined for the functional
currency of the company or branch, and which, except
as provided by the Secretary, is calculated in the same
manner as the Federal mid-term rate under section 1274(d),
shall be substituted for the applicable Federal interest
rate,
‘‘(B) the highest assumed interest rate permitted to
be used in determining foreign statement reserves shall

112 STAT. 2681–899

PUBLIC LAW 105–277—OCT. 21, 1998

be substituted for the prevailing State assumed interest
rate, and
‘‘(C) tables for mortality and morbidity which reasonably reflect the current mortality and morbidity risks in
the company’s or branch’s home country shall be substituted for the mortality and morbidity tables otherwise
used for such subchapter.
The Secretary may provide that the interest rate and mortality
and morbidity tables of a qualifying insurance company may
be used for 1 or more of its qualifying insurance company
branches when appropriate.
‘‘(6) DEFINITIONS.—For purposes of this subsection, any
term used in this subsection which is also used in section
953(e) shall have the meaning given such term by section
953.’’.
(3) RESERVES.—Section 953(b) is amended by redesignating
paragraph (3) as paragraph (4) and by inserting after paragraph
(2) the following new paragraph:
‘‘(3) Reserves for any insurance or annuity contract shall
be determined in the same manner as under section 954(i).’’.
(c) SPECIAL RULES FOR DEALERS.—Section 954(c)(2)(C) is
amended to read as follows:
‘‘(C) EXCEPTION FOR DEALERS.—Except as provided by
regulations, in the case of a regular dealer in property
which is property described in paragraph (1)(B), forward
contracts, option contracts, or similar financial instruments
(including notional principal contracts and all instruments
referenced to commodities), there shall not be taken into
account in computing foreign personal holding company
income—
‘‘(i) any item of income, gain, deduction, or loss
(other than any item described in subparagraph (A),
(E), or (G) of paragraph (1)) from any transaction
(including hedging transactions) entered into in the
ordinary course of such dealer’s trade or business as
such a dealer, and
‘‘(ii) if such dealer is a dealer in securities (within
the meaning of section 475), any interest or dividend
or equivalent amount described in subparagraph (E)
or (G) of paragraph (1) from any transaction (including
any hedging transaction or transaction described in
section 956(c)(2)(J)) entered into in the ordinary course
of such dealer’s trade or business as such a dealer
in securities, but only if the income from the transaction is attributable to activities of the dealer in the
country under the laws of which the dealer is created
or organized (or in the case of a qualified business
unit described in section 989(a), is attributable to
activities of the unit in the country in which the unit
both maintains its principal office and conducts
substantial business activity).’’.
(d) EXEMPTION FROM FOREIGN BASE COMPANY SERVICES
INCOME.—Paragraph (2) of section 954(e) is amended by inserting
‘‘or’’ at the end of subparagraph (A), by striking ‘‘, or’’ at the
end of subparagraph (B) and inserting a period, by striking subparagraph (C), and by adding at the end the following new flush sentence:

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–900

‘‘Paragraph (1) shall also not apply to income which is exempt
insurance income (as defined in section 953(e)) or which is
not treated as foreign personal holding income by reason of
subsection (c)(2)(C)(ii), (h), or (i).’’.
(e) EXEMPTION FOR GAIN.—Section 954(c)(1)(B)(i) (relating to
net gains from certain property transactions) is amended by inserting ‘‘other than property which gives rise to income not treated
as foreign personal holding company income by reason of subsection
(h) or (i) for the taxable year’’ before the comma at the end.
SEC. 1006. DISCLOSURE OF RETURN INFORMATION ON INCOME
CONTINGENT STUDENT LOANS.

Subparagraph (D) of section 6103(l)(13) (relating to disclosure
of return information to carry out income contingent repayment
of student loans) is amended by striking ‘‘September 30, 1998’’
and inserting ‘‘September 30, 2003’’.
Subtitle B—Trade Provisions
SEC. 1011. EXTENSION OF DUTY-FREE TREATMENT UNDER GENERALIZED SYSTEM OF PREFERENCES.

(a) IN GENERAL.—Section 505 of the Trade Act of 1974 (19
U.S.C. 2465) is amended by striking ‘‘June 30, 1998’’ and inserting
‘‘June 30, 1999’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
apply to articles entered on or after the date of the enactment
of this Act.
(2) RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS
AND RELIQUIDATIONS.—
(A) GENERAL RULE.—Notwithstanding section 514 of
the Tariff Act of 1930 or any other provision of law, and
subject to paragraph (3), any entry—
(i) of an article to which duty-free treatment under
title V of the Trade Act of 1974 would have applied
if such entry had been made on July 1, 1998, and
such title had been in effect on July 1, 1998, and
(ii) that was made—
(I) after June 30, 1998, and
(II) before the date of enactment of this Act,
shall be liquidated or reliquidated as free of duty, and
the Secretary of the Treasury shall refund any duty paid
with respect to such entry.
(B) ENTRY.—As used in this paragraph, the term
‘‘entry’’ includes a withdrawal from warehouse for consumption.
(3) REQUESTS.—Liquidation or reliquidation may be made
under paragraph (2) with respect to an entry only if a request
therefor is filed with the Customs Service, within 180 days
after the date of enactment of this Act, that contains sufficient
information to enable the Customs Service—
(A) to locate the entry; or
(B) to reconstruct the entry if it cannot be located.
SEC. 1012. TRADE ADJUSTMENT ASSISTANCE.

(a) ASSISTANCE FOR WORKERS.—Section 245 of the Trade Act
of 1974 (19 U.S.C. 2317) is amended—

19 USC 2465
note.

112 STAT. 2681–901

PUBLIC LAW 105–277—OCT. 21, 1998

(1) in subsection (a), by striking ‘‘for each of’’ and all
that follows through ‘‘1998,’’ and inserting ‘‘for the period beginning October 1, 1998, and ending June 30, 1999,’’; and
(2) in subsection (b), by striking ‘‘for each of’’ and all
that follows through ‘‘1998,’’ and inserting ‘‘for the period beginning October 1, 1998, and ending June 30, 1999,’’.
(b) NAFTA TRANSITIONAL PROGRAM.—Section 250(d)(2) of the
Trade Act of 1974 (19 U.S.C. 2331(d)(2)) is amended by striking
‘‘for any fiscal year shall not exceed $30,000,000’’ and inserting
‘‘for the period beginning October 1, 1998, and ending June 30,
1999, shall not exceed $15,000,000’’.
(c) ADJUSTMENT ASSISTANCE FOR FIRMS.—Section 256(b) of the
Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking
‘‘for fiscal years’’ and all that follows through ‘‘1998’’ and inserting
‘‘for the period beginning October 1, 1998, and ending June 30,
1999’’.
(d) TERMINATION.—Section 285(c) of the Trade Act of 1974
(19 U.S.C. 2271 note preceding) is amended—
(1) in paragraph (1), by striking ‘‘September 30, 1998’’
and inserting ‘‘June 30, 1999’’; and
(2) in paragraph (2)(A), by striking ‘‘the day that is’’ and
all that follows through ‘‘effective’’ and inserting ‘‘June 30,
1999’’.
TITLE II—OTHER TAX PROVISIONS
Subtitle A—Provisions Relating to Individuals
SEC. 2001. NONREFUNDABLE PERSONAL CREDITS FULLY ALLOWED
AGAINST REGULAR TAX LIABILITY DURING 1998.

26 USC 24 note.

(a) IN GENERAL.—Subsection (a) of section 26 is amended by
adding at the end the following flush sentence:
‘‘For purposes of paragraph (2), the taxpayer’s tentative minimum
tax for any taxable year beginning during 1998 shall be treated
as being zero.’’
(b) CONFORMING AMENDMENT.—Section 24(d)(2) is amended by
striking ‘‘The credit’’ and inserting ‘‘For taxable years beginning
after December 31, 1998, the credit’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 1997.
SEC. 2002. 100 PERCENT DEDUCTION FOR HEALTH INSURANCE COSTS
OF SELF-EMPLOYED INDIVIDUALS.

(a) IN GENERAL.—The table contained in subparagraph (B)
of section 162(l)(1) (relating to special rules for health insurance
costs of self-employed individuals) is amended to read as follows:
‘‘For taxable years beginning The applicable percentage is—
in calendar year—
1999 through 2001 ...........................................................................
2002 ...................................................................................................
2003 and thereafter ..........................................................................
Applicability.
26 USC 162 note.

60
70
100.’’

(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 1998.
SEC. 2003. MODIFICATION OF ESTIMATED TAX SAFE HARBORS.

(a) IN GENERAL.—The table contained in clause (i) of section
6654(d)(1)(C) (relating to limitation on use of preceding year’s tax)

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–902

is amended by striking the item relating to 1998, 1999, or 2000
and inserting the following new items:
‘‘1998 ..................................................................................................
1999 or 2000 .....................................................................................

105
106’’.

(b) EFFECTIVE DATE.—The amendment made by this section
shall apply with respect to any installment payment for taxable
years beginning after December 31, 1999.

Effective date.
26 USC 6654
note.

Subtitle B—Provisions Relating to Farmers
SEC. 2011. INCOME AVERAGING FOR FARMERS MADE PERMANENT.

Subsection (c) of section 933 of the Taxpayer Relief Act of
1997 is amended by striking ‘‘, and before January 1, 2001’’.
SEC. 2012. PRODUCTION FLEXIBILITY CONTRACT PAYMENTS.

(a) IN GENERAL.—The options under paragraphs (2) and (3)
of section 112(d) of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7212(d) (2) and (3)), as in effect
on the date of the enactment of this Act, shall be disregarded
in determining the taxable year for which any payment under
a production flexibility contract under subtitle B of title I of such
Act (as so in effect) is properly includible in gross income for
purposes of the Internal Revenue Code of 1986.
(b) EFFECTIVE DATE.—Subsection (a) shall apply to taxable
years ending after December 31, 1995.
SEC. 2013. 5-YEAR NET OPERATING LOSS CARRYBACK FOR FARMING
LOSSES.

(a) IN GENERAL.—Paragraph (1) of section 172(b) (relating to
net operating loss deduction) is amended by adding at the end
the following new subparagraph:
‘‘(G) FARMING LOSSES.—In the case of a taxpayer which
has a farming loss (as defined in subsection (i)) for a
taxable year, such farming loss shall be a net operating
loss carryback to each of the 5 taxable years preceding
the taxable year of such loss.’’.
(b) FARMING LOSS.—Section 172 is amended by redesignating
subsection (i) as subsection (j) and by inserting after subsection
(h) the following new subsection:
‘‘(i) RULES RELATING TO FARMING LOSSES.—For purposes of
this section—
‘‘(1) IN GENERAL.—The term ‘farming loss’ means the lesser
of—
‘‘(A) the amount which would be the net operating
loss for the taxable year if only income and deductions
attributable to farming businesses (as defined in section
263A(e)(4)) are taken into account, or
‘‘(B) the amount of the net operating loss for such
taxable year.
‘‘(2) COORDINATION WITH SUBSECTION (b)(2).—For purposes
of applying subsection (b)(2), a farming loss for any taxable
year shall be treated in a manner similar to the manner in
which a specified liability loss is treated.
‘‘(3) ELECTION.—Any taxpayer entitled to a 5-year
carryback under subsection (b)(1)(G) from any loss year may
elect to have the carryback period with respect to such loss
year determined without regard to subsection (b)(1)(G). Such
election shall be made in such manner as may be prescribed

26 USC 1301
note.
7 USC 7212 note.

Applicability.

112 STAT. 2681–903

Applicability.
26 USC 172 note.

PUBLIC LAW 105–277—OCT. 21, 1998

by the Secretary and shall be made by the due date (including
extensions of time) for filing the taxpayer’s return for the
taxable year of the net operating loss. Such election, once
made for any taxable year, shall be irrevocable for such taxable
year.’’.
(c) COORDINATION WITH FARM DISASTER LOSSES.—Clause (ii)
of section 172(b)(1)(F) is amended by adding at the end the following
flush sentence:
‘‘Such term shall not include any farming loss (as
defined in subsection (i)).’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to net operating losses for taxable years beginning
after December 31, 1997.
Subtitle C—Miscellaneous Provisions
SEC. 2021. INCREASE IN VOLUME CAP ON PRIVATE ACTIVITY BONDS.

(a) IN GENERAL.—Subsection (d) of section 146 (relating to
volume cap) is amended by striking paragraphs (1) and (2) and
inserting the following new paragraphs:
‘‘(1) IN GENERAL.—The State ceiling applicable to any State
for any calendar year shall be the greater of—
‘‘(A) an amount equal to the per capita limit for such
year multiplied by the State population, or
‘‘(B) the aggregate limit for such year.
Subparagraph (B) shall not apply to any possession of the
United States.
‘‘(2) PER CAPITA LIMIT; AGGREGATE LIMIT.—For purposes
of paragraph (1), the per capita limit, and the aggregate limit,
for any calendar year shall be determined in accordance with
the following table:
Calendar Year

1999
2003
2004
2005
2006
2007

through 2002 ................................
........................................................
........................................................
........................................................
........................................................
and thereafter ..............................

Per Capita
Limit

Aggregate Limit

$50
55
60
65
70
75

$150,000,000
165,000,000
180,000,000
195,000,000
210,000,000
225,000,000.’’

26 USC 146 note.

(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to calendar years after 1998.

26 USC 168 note.

SEC. 2022. DEPRECIATION STUDY.

The Secretary of the Treasury (or the Secretary’s delegate)—
(1) shall conduct a comprehensive study of the recovery
periods and depreciation methods under section 168 of the
Internal Revenue Code of 1986, and
(2) not later than March 31, 2000, shall submit the results
of such study, together with recommendations for determining
such periods and methods in a more rational manner, to the
Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–904

SEC. 2023. EXEMPTION FOR STUDENTS EMPLOYED BY STATE SCHOOLS,
COLLEGES, OR UNIVERSITIES.

42 USC 418 note.

(a) IN GENERAL.—Notwithstanding section 218 of the Social
Security Act, any agreement with a State (or any modification
thereof) entered into pursuant to such section may, at the option
of such State, be modified at any time on or after January 1,
1999, and on or before March 31, 1999, so as to exclude service
performed in the employ of a school, college, or university if such
service is performed by a student who is enrolled and is regularly
attending classes at such school, college, or university.
(b) EFFECTIVE DATE OF MODIFICATION.—Any modification of
an agreement pursuant to subsection (a) shall be effective with
respect to services performed after June 30, 2000.
(c) IRREVOCABILITY OF MODIFICATION.—If any modification of
an agreement pursuant to subsection (a) terminates coverage with
respect to service performed in the employ of a school, college,
or university, by a student who is enrolled and regularly attending
classes at such school, college, or university, the Commissioner
of Social Security and the State may not thereafter modify such
agreement so as to again make the agreement applicable to such
service performed in the employ of such school, college, or university.
TITLE III—REVENUE OFFSETS
SEC. 3001. TREATMENT OF CERTAIN DEDUCTIBLE LIQUIDATING DISTRIBUTIONS OF REGULATED INVESTMENT COMPANIES
AND REAL ESTATE INVESTMENT TRUSTS.

(a) IN GENERAL.—Section 332 (relating to complete liquidations
of subsidiaries) is amended by adding at the end the following
new subsection:
‘‘(c) DEDUCTIBLE LIQUIDATING DISTRIBUTIONS OF REGULATED
INVESTMENT COMPANIES AND REAL ESTATE INVESTMENT TRUSTS.—
If a corporation receives a distribution from a regulated investment
company or a real estate investment trust which is considered
under subsection (b) as being in complete liquidation of such company or trust, then, notwithstanding any other provision of this
chapter, such corporation shall recognize and treat as a dividend
from such company or trust an amount equal to the deduction
for dividends paid allowable to such company or trust by reason
of such distribution.’’.
(b) CONFORMING AMENDMENTS.—
(1) The material preceding paragraph (1) of section 332(b)
is amended by striking ‘‘subsection (a)’’ and inserting ‘‘this
section’’.
(2) Paragraph (1) of section 334(b) is amended by striking
‘‘section 332(a)’’ and inserting ‘‘section 332’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions after May 21, 1998.
(d) ASSUMPTIONS.—In making the estimate required for this
Act by section 252(d)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985, that part of the estimate that measures
the change in receipts resulting from the amendments made by
this section shall be based on the economic and technical assumptions underlying the supplemental summary of the budget for fiscal
year 1999, submitted on May 26, 1998, pursuant to section 1106
of title 31, United States Code, notwithstanding section 252(d)(2)(B).

26 USC 332 note.

112 STAT. 2681–905

PUBLIC LAW 105–277—OCT. 21, 1998

All other parts of such estimate required by such section 252(d)(2)
shall be made pursuant to the requirements of such section
252(d)(2)(B).
SEC. 3002. INCLUSION OF ROTAVIRUS GASTROENTERITIS AS A TAXABLE VACCINE.

26 USC 4132
note.

(a) IN GENERAL.—Paragraph (1) of section 4132(a) (defining
taxable vaccine) is amended by adding at the end the following
new subparagraph:
‘‘(K) Any vaccine against rotavirus gastroenteritis.’’.
(b) EFFECTIVE DATE.—
(1) SALES.—The amendment made by this section shall
apply to sales after the date of the enactment of this Act.
(2) DELIVERIES.—For purposes of paragraph (1), in the
case of sales on or before the date of the enactment of this
Act for which delivery is made after such date, the delivery
date shall be considered the sale date.
SEC. 3003. CLARIFICATION AND EXPANSION OF MATHEMATICAL
ERROR ASSESSMENT PROCEDURES.

(a) TIN DEEMED INCORRECT IF INFORMATION ON RETURN DIFWITH AGENCY RECORDS.—Paragraph (2) of section 6213(g)
(defining mathematical or clerical error) is amended by adding
at the end the following flush sentence:
‘‘A taxpayer shall be treated as having omitted a correct TIN
for purposes of the preceding sentence if information provided
by the taxpayer on the return with respect to the individual
whose TIN was provided differs from the information the Secretary obtains from the person issuing the TIN.’’.
(b) EXPANSION OF MATHEMATICAL ERROR PROCEDURES TO CASES
WHERE TIN ESTABLISHES INDIVIDUAL NOT ELIGIBLE FOR TAX
CREDIT.—Paragraph (2) of section 6213(g) is amended by striking
‘‘and’’ at the end of subparagraph (J), by striking the period at
the end of the subparagraph (K) and inserting ‘‘, and’’, and by
inserting after subparagraph (K) the following new subparagraph:
‘‘(L) the inclusion on a return of a TIN required to
be included on the return under section 21, 24, or 32
if—
‘‘(i) such TIN is of an individual whose age affects
the amount of the credit under such section, and
‘‘(ii) the computation of the credit on the return
reflects the treatment of such individual as being of
an age different from the individual’s age based on
such TIN.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years ending after the date of the enactment
of this Act.
FERS

26 USC 6213
note.

SEC. 3004. CLARIFICATION OF DEFINITION OF SPECIFIED LIABILITY
LOSS.

(a) IN GENERAL.—Subparagraph (B) of section 172(f)(1) (defining specified liability loss) is amended to read as follows:
‘‘(B)(i) Any amount allowable as a deduction under
this chapter (other than section 468(a)(1) or 468A(a)) which
is in satisfaction of a liability under a Federal or State
law requiring—
‘‘(I) the reclamation of land,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–906

‘‘(II) the decommissioning of a nuclear power plant
(or any unit thereof),
‘‘(III) the dismantlement of a drilling platform,
‘‘(IV) the remediation of environmental contamination, or
‘‘(V) a payment under any workers compensation
act (within the meaning of section 461(h)(2)(C)(i)).
‘‘(ii) A liability shall be taken into account under this
subparagraph only if—
‘‘(I) the act (or failure to act) giving rise to such
liability occurs at least 3 years before the beginning
of the taxable year, and
‘‘(II) the taxpayer used an accrual method of
accounting throughout the period or periods during
which such act (or failure to act) occurred.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to net operating losses arising in taxable years ending
after the date of the enactment of this Act.

26 USC 172 note.

TITLE IV—TECHNICAL CORRECTIONS
SEC. 4001. DEFINITIONS; COORDINATION WITH OTHER TITLES.

26 USC 1 note.

(a) DEFINITIONS.—For purposes of this title—
(1) 1986 CODE.—The term ‘‘1986 Code’’ means the Internal
Revenue Code of 1986.
(2) 1998 ACT.—The term ‘‘1998 Act’’ means the Internal
Revenue Service Restructuring and Reform Act of 1998 (Public
Law 105–206).
(3) 1997 ACT.—The term ‘‘1997 Act’’ means the Taxpayer
Relief Act of 1997 (Public Law 105–34).
(b) COORDINATION WITH OTHER TITLES.—For purposes of applying the amendments made by any title of this division other than
this title, the provisions of this title shall be treated as having
been enacted immediately before the provisions of such other titles.
SEC. 4002. AMENDMENTS RELATED TO INTERNAL REVENUE SERVICE
RESTRUCTURING AND REFORM ACT OF 1998.

(a) AMENDMENT RELATED TO SECTION 1101 OF 1998 ACT.—
Paragraph (5) of section 6103(h) of the 1986 Code, as added by
section 1101(b) of the 1998 Act, is redesignated as paragraph (6).
(b) AMENDMENT RELATED TO SECTION 3001 OF 1998 ACT.—
Paragraph (2) of section 7491(a) of the 1986 Code is amended
by adding at the end the following flush sentence:
‘‘Subparagraph (C) shall not apply to any qualified revocable
trust (as defined in section 645(b)(1)) with respect to liability
for tax for any taxable year ending after the date of the
decedent’s death and before the applicable date (as defined
in section 645(b)(2)).’’.
(c) AMENDMENTS RELATED TO SECTION 3201 OF 1998 ACT.—
(1) Section 7421(a) of the 1986 Code is amended by striking
‘‘6015(d)’’ and inserting ‘‘6015(e)’’.
(2) Subparagraph (A) of section 6015(e)(3) is amended by
striking ‘‘of this section’’ and inserting ‘‘of subsection (b) or
(f)’’.
(d) AMENDMENT RELATED TO SECTION 3301 OF 1998 ACT.—
Paragraph (2) of section 3301(c) of the 1998 Act is amended by
striking ‘‘The amendments’’ and inserting ‘‘Subject to any applicable

26 USC 6601
note.

112 STAT. 2681–907

26 USC 7443A.

26 USC 1 note.

Applicability.

PUBLIC LAW 105–277—OCT. 21, 1998

statute of limitation not having expired with regard to either a
tax underpayment or a tax overpayment, the amendments’’.
(e) AMENDMENT RELATED TO SECTION 3401 OF 1998 ACT.—
Section 3401(c) of the 1998 Act is amended—
(1) in paragraph (1), by striking ‘‘7443(b)’’ and inserting
‘‘7443A(b)’’; and
(2) in paragraph (2), by striking ‘‘7443(c)’’ and inserting
‘‘7443A(c)’’.
(f) AMENDMENT RELATED TO SECTION 3433 OF 1998 ACT.—
Section 7421(a) of the 1986 Code is amended by inserting ‘‘6331(i),’’
after ‘‘6246(b),’’.
(g) AMENDMENT RELATED TO SECTION 3467 OF 1998 ACT.—
The subsection (d) of section 6159 of the 1986 Code relating to
cross reference is redesignated as subsection (e).
(h) AMENDMENT RELATED TO SECTION 3708 OF 1998 ACT.—
Subparagraph (A) of section 6103(p)(3) of the 1986 Code is amended
by inserting ‘‘(f)(5),’’ after ‘‘(c), (e),’’.
(i) AMENDMENTS RELATED TO SECTION 5001 OF 1998 ACT.—
(1) Subparagraph (B) of section 1(h)(13) of the 1986 Code
is amended by striking ‘‘paragraph (7)(A)’’ and inserting ‘‘paragraph (7)(A)(i)’’.
(2)(A) Subparagraphs (A)(i)(II), (A)(ii)(II), and (B)(ii) of section 1(h)(13) of the 1986 Code shall not apply to any distribution
after December 31, 1997, by a regulated investment company
or a real estate investment trust with respect to—
(i) gains and losses recognized directly by such company or trust, and
(ii) amounts properly taken into account by such company or trust by reason of holding (directly or indirectly)
an interest in another such company or trust to the extent
that such subparagraphs did not apply to such other company or trust with respect to such amounts.
(B) Subparagraph (A) shall not apply to any distribution
which is treated under section 852(b)(7) or 857(b)(8) of the
1986 Code as received on December 31, 1997.
(C) For purposes of subparagraph (A), any amount which
is includible in gross income of its shareholders under section
852(b)(3)(D) or 857(b)(3)(D) of the 1986 Code after December
31, 1997, shall be treated as distributed after such date.
(D)(i) For purposes of subparagraph (A), in the case of
a qualified partnership with respect to which a regulated investment company meets the holding requirement of clause (iii)—
(I) the subparagraphs referred to in subparagraph (A)
shall not apply to gains and losses recognized directly
by such partnership for purposes of determining such
company’s distributive share of such gains and losses, and
(II) such company’s distributive share of such gains
and losses (as so determined) shall be treated as recognized
directly by such company.
The preceding sentence shall apply only if the qualified partnership provides the company with written documentation of such
distributive share as so determined.
(ii) For purposes of clause (i), the term ‘‘qualified partnership’’ means, with respect to a regulated investment company,
any partnership if—
(I) the partnership is an investment company registered under the Investment Company Act of 1940,

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–908

(II) the regulated investment company is permitted
to invest in such partnership by reason of section
12(d)(1)(E) of such Act or an exemptive order of the Securities and Exchange Commission under such section, and
(III) the regulated investment company and the partnership have the same taxable year.
(iii) A regulated investment company meets the holding
requirement of this clause with respect to a qualified partnership if (as of January 1, 1998)—
(I) the value of the interests of the regulated investment company in such partnership is 35 percent or more
of the value of such company’s total assets, or
(II) the value of the interests of the regulated investment company in such partnership and all other qualified
partnerships is 90 percent or more of the value of such
company’s total assets.
(3) Paragraph (13) of section 1(h) of the 1986 Code is
amended by adding at the end the following new subparagraph:
‘‘(D) CHARITABLE REMAINDER TRUSTS.—Subparagraphs
(A) and (B)(ii) shall not apply to any capital gain distribution made by a trust described in section 664.’’
(j) AMENDMENT RELATED TO SECTION 7004 OF 1998 ACT.—
Clause (i) of section 408A(c)(3)(C) of the 1986 Code, as amended
by section 7004 of the 1998 Act, is amended by striking the period
at the end of subclause (II) and inserting ‘‘, and’’.
(k) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the provisions of the 1998 Act
to which they relate.
SEC. 4003. AMENDMENTS RELATED TO TAXPAYER RELIEF ACT OF 1997.

(a) AMENDMENTS RELATED TO SECTION 202 OF 1997 ACT.—
(1) Paragraph (2) of section 163(h) of the 1986 Code is
amended by striking ‘‘and’’ at the end of subparagraph (D),
by striking the period at the end of subparagraph (E) and
inserting ‘‘, and’’, and by adding at the end the following new
subparagraph:
‘‘(F) any interest allowable as a deduction under section
221 (relating to interest on educational loans).’’
(2)(A) Subparagraph (C) of section 221(b)(2) of the 1986
Code is amended—
(i) by striking ‘‘135, 137,’’ in clause (i),
(ii) by inserting ‘‘135, 137,’’ after ‘‘sections 86,’’ in clause
(ii), and
(iii) by striking the last sentence.
(B) Sections 86(b)(2)(A), 135(c)(4)(A), and 219(g)(3)(A)(ii)
of the 1986 Code are each amended by inserting ‘‘221,’’ after
‘‘137,’’.
(C) Subparagraph (A) of section 137(b)(3) of the 1986 Code
is amended by inserting ‘‘221,’’ before ‘‘911,’’.
(D) Clause (iii) of section 469(i)(3)(E) of the 1986 Code
is amended to read as follows:
‘‘(iii) the amounts allowable as a deduction under
sections 219 and 221, and’’.
(3) The last sentence of section 221(e)(1) of the 1986 Code
is amended by inserting before the period ‘‘or to any person
by reason of a loan under any qualified employer plan (as

26 USC 1 note.

112 STAT. 2681–909

26 USC 1 note.

26 USC 7508A
note.

PUBLIC LAW 105–277—OCT. 21, 1998

defined in section 72(p)(4)) or under any contract referred to
in section 72(p)(5)’’.
(b) PROVISION RELATED TO SECTION 311 OF 1997 ACT.—In the
case of any capital gain distribution made after 1997 by a trust
to which section 664 of the 1986 Code applies with respect to
amounts properly taken into account by such trust during 1997,
paragraphs (5)(A)(i)(I), (5)(A)(ii)(I), and (13)(A) of section 1(h) of
the 1986 Code (as in effect for taxable years ending on December
31, 1997) shall not apply.
(c) AMENDMENT RELATED TO SECTION 506 OF 1997 ACT.—Section 2001(f)(2) of the 1986 Code is amended by adding at the
end the following:
‘‘For purposes of subparagraph (A), the value of an item shall
be treated as shown on a return if the item is disclosed in
the return, or in a statement attached to the return, in a
manner adequate to apprise the Secretary of the nature of
such item.’’.
(d) AMENDMENTS RELATED TO SECTION 904 OF 1997 ACT.—
(1) Paragraph (1) of section 9510(c) of the 1986 Code is
amended to read as follows:
‘‘(1) IN GENERAL.—Amounts in the Vaccine Injury Compensation Trust Fund shall be available, as provided in appropriation Acts, only for—
‘‘(A) the payment of compensation under subtitle 2
of title XXI of the Public Health Service Act (as in effect
on August 5, 1997) for vaccine-related injury or death with
respect to any vaccine—
‘‘(i) which is administered after September 30,
1988, and
‘‘(ii) which is a taxable vaccine (as defined in section 4132(a)(1)) at the time compensation is paid under
such subtitle 2, or
‘‘(B) the payment of all expenses of administration
(but not in excess of $9,500,000 for any fiscal year) incurred
by the Federal Government in administering such subtitle.’’.
(2) Section 9510(b) of the 1986 Code is amended by adding
at the end the following new paragraph:
‘‘(3) LIMITATION ON TRANSFERS TO VACCINE INJURY COMPENSATION TRUST FUND.—No amount may be appropriated to
the Vaccine Injury Compensation Trust Fund on and after
the date of any expenditure from the Trust Fund which is
not permitted by this section. The determination of whether
an expenditure is so permitted shall be made without regard
to—
‘‘(A) any provision of law which is not contained or
referenced in this title or in a revenue Act, and
‘‘(B) whether such provision of law is a subsequently
enacted provision or directly or indirectly seeks to waive
the application of this paragraph.’’.
(e) AMENDMENTS RELATED TO SECTION 915 OF 1997 ACT.—
(1) Section 915(b) of the 1997 Act is amended by inserting
‘‘or 1998’’ after ‘‘1997’’.
(2) Paragraph (2) of section 6404(h) of the 1986 Code is
amended by inserting ‘‘Robert T. Stafford’’ before ‘‘Disaster’’.
(f) AMENDMENTS RELATED TO SECTION 1012 OF 1997 ACT.—

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–910

(1) Paragraph (2) of section 351(c) of the 1986 Code, as
amended by section 6010(c) of the 1998 Act, is amended by
inserting ‘‘, or the fact that the corporation whose stock was
distributed issues additional stock,’’ after ‘‘dispose of part or
all of the distributed stock’’.
(2) Clause (ii) of section 368(a)(2)(H) of the 1986 Code,
as amended by section 6010(c) of the 1998 Act, is amended
by inserting ‘‘, or the fact that the corporation whose stock
was distributed issues additional stock,’’ after ‘‘dispose of part
or all of the distributed stock’’.
(g) PROVISION RELATED TO SECTION 1042 OF 1997 ACT.—Rules
similar to the rules of section 1.1502–75(d)(5) of the Treasury Regulations shall apply with respect to any organization described in
section 1042(b) of the 1997 Act.
(h) AMENDMENT RELATED TO SECTION 1082 OF 1997 ACT.—
Subparagraph (F) of section 172(b)(1) of the 1986 Code is amended
by adding at the end the following new clause:
‘‘(iv) COORDINATION WITH PARAGRAPH (2).—For purposes of applying paragraph (2), an eligible loss for
any taxable year shall be treated in a manner similar
to the manner in which a specified liability loss is
treated.’’
(i) AMENDMENT RELATED TO SECTION 1084 OF 1997 ACT.—
Paragraph (3) of section 264(f) of the 1986 Code is amended by
adding at the end the following flush sentence:
‘‘If the amount described in subparagraph (A) with respect
to any policy or contract does not reasonably approximate its
actual value, the amount taken into account under subparagraph (A) shall be the greater of the amount of the insurance
company liability or the insurance company reserve with
respect to such policy or contract (as determined for purposes
of the annual statement approved by the National Association
of Insurance Commissioners) or shall be such other amount
as is determined by the Secretary.’’
(j) AMENDMENT RELATED TO SECTION 1175 OF 1997 ACT.—
Subparagraph (C) of section 954(e)(2) of the 1986 Code is amended
by striking ‘‘subsection (h)(8)’’ and inserting ‘‘subsection (h)(9)’’.
(k) AMENDMENT RELATED TO SECTION 1205 OF 1997 ACT.—
Paragraph (2) of section 6311(d) of the 1986 Code is amended
by striking ‘‘under such contracts’’ in the last sentence and inserting
‘‘under any such contract for the use of credit, debit, or charge
cards for the payment of taxes imposed by subtitle A’’.
(l) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the provisions of the 1997 Act
to which they relate.
SEC. 4004. AMENDMENTS RELATED TO TAX REFORM ACT OF 1984.

(a) IN GENERAL.—Subparagraph (C) of section 172(d)(4) of the
1986 Code is amended to read as follows:
‘‘(C) any deduction for casualty or theft losses allowable
under paragraph (2) or (3) of section 165(c) shall be treated
as attributable to the trade or business; and’’.
(b) CONFORMING AMENDMENTS.—
(1) Paragraph (3) of section 67(b) of the 1986 Code is
amended by striking ‘‘for losses described in subsection (c)(3)
or (d) of section 165’’ and inserting ‘‘for casualty or theft losses

26 USC 833 note.

26 USC 86 note.

112 STAT. 2681–911

Applicability.
26 USC 172 note.
26 USC 67 note.
26 USC 68 note.

PUBLIC LAW 105–277—OCT. 21, 1998

described in paragraph (2) or (3) of section 165(c) or for losses
described in section 165(d)’’.
(2) Paragraph (3) of section 68(c) of the 1986 Code is
amended by striking ‘‘for losses described in subsection (c)(3)
or (d) of section 165’’ and inserting ‘‘for casualty or theft losses
described in paragraph (2) or (3) of section 165(c) or for losses
described in section 165(d)’’.
(3) Paragraph (1) of section 873(b) is amended to read
as follows:
‘‘(1) LOSSES.—The deduction allowed by section 165 for
casualty or theft losses described in paragraph (2) or (3) of
section 165(c), but only if the loss is of property located within
the United States.’’
(c) EFFECTIVE DATES.—
(1) The amendments made by subsections (a) and (b)(3)
shall apply to taxable years beginning after December 31, 1983.
(2) The amendment made by subsection (b)(1) shall apply
to taxable years beginning after December 31, 1986.
(3) The amendment made by subsection (b)(2) shall apply
to taxable years beginning after December 31, 1990.
SEC. 4005. AMENDMENTS RELATED TO URUGUAY ROUND AGREEMENTS
ACT.

(a) INAPPLICABILITY OF ASSIGNMENT PROHIBITION.—Section 207
of the Social Security Act (42 U.S.C. 407) is amended by adding
at the end the following new subsection:
‘‘(c) Nothing in this section shall be construed to prohibit
withholding taxes from any benefit under this title, if such withholding is done pursuant to a request made in accordance with section
3402(p)(1) of the Internal Revenue Code of 1986 by the person
entitled to such benefit or such person’s representative payee.’’.
(b) PROPER ALLOCATION OF COSTS OF WITHHOLDING BETWEEN
THE TRUST FUNDS AND THE GENERAL FUND.—Section 201(g) of
such Act (42 U.S.C. 401(g)) is amended—
(1) by inserting before the period in paragraph (1)(A)(ii)
the following: ‘‘and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 207(c), pursuant to requests by
persons entitled to such benefits or such persons’ representative
payee’’;
(2) by inserting before the period at the end of paragraph
(1)(A) the following: ‘‘and the functions of the Social Security
Administration in connection with the withholding of taxes
from benefits, as described in section 207(c), pursuant to
requests by persons entitled to such benefits or such persons’
representative payee’’;
(3) in paragraph (1)(B)(i)(I), by striking ‘‘subparagraph
(A)),’’ and inserting ‘‘subparagraph (A)) and the functions of
the Social Security Administration in connection with the
withholding of taxes from benefits, as described in section
207(c), pursuant to requests by persons entitled to such benefits
or such persons’ representative payee,’’;
(4) in paragraph (1)(C)(iii), by inserting before the period
the following: ‘‘and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 207(c), pursuant to requests by

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–912

persons entitled to such benefits or such persons’ representative
payee’’;
(5) in paragraph (1)(D), by inserting after ‘‘section 232’’
the following: ‘‘and the functions of the Social Security Administration in connection with the withholding of taxes from benefits
as described in section 207(c)’’; and
(6) in paragraph (4), by inserting after the first sentence
the following: ‘‘The Board of Trustees of such Trust Funds
shall prescribe the method of determining the costs which
should be borne by the general fund in the Treasury of carrying
out the functions of the Social Security Administration in
connection with the withholding of taxes from benefits, as
described in section 207(c), pursuant to requests by persons
entitled to such benefits or such persons’ representative payee.’’.
(c) EFFECTIVE DATE.—The amendments made by subsection
(b) shall apply to benefits paid on or after the first day of the
second month beginning after the month in which this Act is
enacted.

42 USC 401 note.

SEC. 4006. OTHER AMENDMENTS.

(a) AMENDMENTS RELATED TO SECTION 6103 OF 1986 CODE.—
(1) Subsection (j) of section 6103 of the 1986 Code is amended by adding at the end the following new paragraph:
‘‘(5) DEPARTMENT OF AGRICULTURE.—Upon request in writing by the Secretary of Agriculture, the Secretary shall furnish
such returns, or return information reflected thereon, as the
Secretary may prescribe by regulation to officers and employees
of the Department of Agriculture whose official duties require
access to such returns or information for the purpose of, but
only to the extent necessary in, structuring, preparing, and
conducting the census of agriculture pursuant to the Census
of Agriculture Act of 1997 (Public Law 105–113).’’.
(2) Paragraph (4) of section 6103(p) of the 1986 Code is
amended by striking ‘‘(j)(1) or (2)’’ in the material preceding
subparagraph (A) and in subparagraph (F) and inserting ‘‘(j)(1),
(2), or (5)’’.
(3) The amendments made by this subsection shall apply
to requests made on or after the date of the enactment of
this Act.
(b) AMENDMENT RELATED TO SECTION 9004 OF TRANSPORTATION
EQUITY ACT FOR THE 21ST CENTURY.—
(1) Paragraph (2) of section 9503(f) of the 1986 Code is
amended to read as follows:
‘‘(2) notwithstanding section 9602(b), obligations held by
such Fund after September 30, 1998, shall be obligations of
the United States which are not interest-bearing.’’
(2) The amendment made by paragraph (1) shall take effect
on October 1, 1998.
(c) CLERICAL AMENDMENTS.—
(1) Clause (i) of section 51(d)(6)(B) of the 1986 Code is
amended by striking ‘‘rehabilitation plan’’ and inserting ‘‘plan
for employment’’. The reference to ‘‘plan for employment’’ in
such clause shall be treated as including a reference to the
rehabilitation plan referred to in such clause as in effect before
the amendment made by the preceding sentence.
(2) Paragraph (3) of section 56(a) of the 1986 Code is
amended by striking ‘‘section 460(b)(2)’’ and inserting ‘‘section

Applicability.
26 USC 6103
note.

Effective date.
26 USC 9503
note.

26 USC 51 note.

112 STAT. 2681–913

PUBLIC LAW 105–277—OCT. 21, 1998

460(b)(1)’’ and by striking ‘‘section 460(b)(4)’’ and inserting ‘‘section 460(b)(3)’’.
(3) Paragraph (10) of section 2031(c) of the 1986 Code
is amended by striking ‘‘section 2033A(e)(3)’’ and inserting ‘‘section 2057(e)(3)’’.
(4) Subparagraphs (C) and (D) of section 6693(a)(2) of the
1986 Code are each amended by striking ‘‘Section’’ and inserting
‘‘section’’.
TITLE V—MEDICARE-RELATED PROVISIONS
Subtitle A—Home Health
SEC. 5101. INCREASE IN PER BENEFICIARY LIMITS AND PER VISIT
PAYMENT LIMITS FOR PAYMENT FOR HOME HEALTH
SERVICES.

(a)
INCREASE
IN
PER
BENEFICIARY
LIMITS.—Section
1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L))
is amended—
(1) in the first sentence of clause (v), by inserting ‘‘subject
to clause (viii)(I),’’ before ‘‘the Secretary’’;
(2) in clause (vi)(I), by inserting ‘‘subject to clauses (viii)(II)
and (viii)(III)’’ after ‘‘fiscal year 1994’’; and
(3) by adding at the end the following new clause:
‘‘(viii)(I) In the case of a provider with a 12-month cost reporting
period ending in fiscal year 1994, if the limit imposed under clause
(v) (determined without regard to this subclause) for a cost reporting
period beginning during or after fiscal year 1999 is less than the
median described in clause (vi)(I) (but determined as if any reference
in clause (v) to ‘98 percent’ were a reference to ‘100 percent’),
the limit otherwise imposed under clause (v) for such provider
and period shall be increased by 1⁄3 of such difference.
‘‘(II) Subject to subclause (IV), for new providers and those
providers without a 12-month cost reporting period ending in fiscal
year 1994, but for which the first cost reporting period begins
before fiscal year 1999, for cost reporting periods beginning during
or after fiscal year 1999, the per beneficiary limitation described
in clause (vi)(I) shall be equal to the median described in such
clause (determined as if any reference in clause (v) to ‘98 percent’
were a reference to ‘100 percent’).
‘‘(III) Subject to subclause (IV), in the case of a new provider
for which the first cost reporting period begins during or after
fiscal year 1999, the limitation applied under clause (vi)(I) (but
only with respect to such provider) shall be equal to 75 percent
of the median described in clause (vi)(I).
‘‘(IV) In the case of a new provider or a provider without
a 12-month cost reporting period ending in fiscal year 1994, subclause (II) shall apply, instead of subclause (III), to a home health
agency which filed an application for home health agency provider
status under this title before September 15, 1998, or which was
approved as a branch of its parent agency before such date and
becomes a subunit of the parent agency or a separate agency
on or after such date.
‘‘(V) Each of the amounts specified in subclauses (I) through
(III) are such amounts as adjusted under clause (iii) to reflect
variations in wages among different areas.’’.

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–914

(b) REVISION OF PER VISIT LIMITS.—Section 1861(v)(1)(L)(i) of
such Act (42 U.S.C. 1395x(v)(1)(L)(i)) is amended—
(1) in subclause (III), by striking ‘‘or’’;
(2) in subclause (IV)—
(A) by inserting ‘‘and before October 1, 1998,’’ after
‘‘October 1, 1997,’’; and
(B) by striking the period at the end and inserting
‘‘, or’’; and
(3) by adding at the end the following new subclause:
‘‘(V) October 1, 1998, 106 percent of such median.’’.
(c) ONE-YEAR DELAY IN 15 PERCENT REDUCTION IN PAYMENT
LIMITS; CHANGE IN TIMING OF IMPLEMENTATION OF PROSPECTIVE
PAYMENT SYSTEM.—
(1) PROSPECTIVE PAYMENT SYSTEM.—Section 1895 of such
Act (42 U.S.C. 1395fff) is amended—
(A) in subsection (a), by striking ‘‘for cost reporting
periods beginning on or after October 1, 1999’’ and inserting
‘‘for portions of cost reporting periods occurring on or after
October 1, 2000’’; and
(B) in subsection (b)(3)—
(i) in subparagraph (A)(i), by striking ‘‘fiscal year
2000’’ and inserting ‘‘fiscal year 2001’’;
(ii) in subparagraph (A)(ii), by striking ‘‘September
30, 1999’’ and inserting ‘‘September 30, 2000’’; and
(iii) in subparagraph (B)(i), by striking ‘‘fiscal year
2001’’ and inserting ‘‘fiscal year 2002’’.
(2) CHANGE IN EFFECTIVE DATE.—Section 4603(d) of the
Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is amended by striking ‘‘cost reporting periods beginning on or after
October 1, 1999’’ and inserting ‘‘portions of cost reporting periods occurring on or after October 1, 2000’’.
(3) CONTINGENCY REDUCTION.—Section 4603(e) of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is amended—
(A) by striking ‘‘cost reporting periods described in
subsection (d), for such cost reporting periods’’ and inserting
‘‘portions of cost reporting periods described in subsection
(d), for such portions’’; and
(B) by striking ‘‘September 30, 1999’’ and inserting
‘‘September 30, 2000’’.
(d) CHANGE IN HOME HEALTH MARKET BASKET INCREASE.—
(1) INTERIM PAYMENT SYSTEM.—Section 1861(v)(1)(L) of the
Social Security Act (42 U.S.C. 1395x(v)(1)(L)), as amended by
subsection (a)(3), is amended by adding at the end the following:
‘‘(ix) Notwithstanding any other provision of this subparagraph,
in updating any limit under this subparagraph by a home health
market basket index for cost reporting periods beginning during
each of fiscal years 2000, 2001, 2002, and 2003, the update otherwise provided shall be reduced by 1.1 percentage points.’’.
(2) PROSPECTIVE PAYMENT SYSTEM.—Section 1895(b)(3)(B)
of such Act (42 U.S.C. 1395fff(b)(3)(B)) is amended—
(A) in clause (i), by striking ‘‘home health market basket percentage increase’’ and inserting ‘‘home health
applicable increase percentage (as defined in clause (ii))’’;
(B) by redesignating clause (ii) as clause (iii); and
(C) by inserting after clause (i) the following:
‘‘(ii) HOME HEALTH APPLICABLE INCREASE PERCENTAGE.—For purposes of this subparagraph, the term

112 STAT. 2681–915

PUBLIC LAW 105–277—OCT. 21, 1998

‘home health applicable increase percentage’ means,
with respect to—
‘‘(I) fiscal year 2002 or 2003, the home health
market basket percentage increase (as defined in
clause (iii)) minus 1.1 percentage points; or
‘‘(II) any subsequent fiscal year, the home
health market basket percentage increase.’’.
(e) EXCLUSION OF ADDITIONAL PART B COSTS FROM DETERMINATION OF PART B MONTHLY PREMIUM.—Section 1839 of such Act
(42 U.S.C. 1395r) is amended—
(1) in subsection (a)(3), by inserting ‘‘(except as provided
in subsection (g))’’ after ‘‘year that’’; and
(2) by adding at the end the following new subsection:
‘‘(g) In estimating the benefits and administrative costs which
will be payable from the Federal Supplementary Medical Insurance
Trust Fund for a year for purposes of determining the monthly
premium rate under subsection (a)(3), the Secretary shall exclude
an estimate of any benefits and administrative costs attributable
to the application of section 1861(v)(1)(L)(viii) or to the establishment under section 1861(v)(1)(L)(i)(V) of a per visit limit at 106
percent of the median (instead of 105 percent of the median),
but only to the extent payment for home health services under
this title is not being made under section 1895 (relating to prospective payment for home health services).’’.
(f) REPORTS ON SUMMARY OF RESEARCH CONDUCTED BY THE
SECRETARY ON THE PROSPECTIVE PAYMENT SYSTEM.—By not later
than January 1, 1999, the Secretary of Health and Human Services
shall submit to Congress a report on the following matters:
(1) RESEARCH.—A description of any research paid for by
the Secretary on the development of a prospective payment
system for home health services furnished under the medicare
program under title XVIII of the Social Security Act, and a
summary of the results of such research.
(2) SCHEDULE FOR IMPLEMENTATION OF SYSTEM.—The Secretary’s schedule for the implementation of the prospective
payment system for home health services under section 1895
of the Social Security Act (42 U.S.C. 1395fff).
(g) MEDPAC REPORTS.—
(1) REVIEW OF SECRETARY’S REPORT.—Not later than 60
days after the date the Secretary of Health and Human Services
submits to Congress the report under subsection (f), the Medicare Payment Advisory Commission (established under section
1805 of the Social Security Act (42 U.S.C. 1395b–6)) shall
submit to Congress a report describing the Commission’s analysis of the Secretary’s report, and shall include the Commission’s
recommendations with respect to the matters contained in such
report.
(2) ANNUAL REPORT.—The Commission shall include in its
annual report to Congress for June 1999 an analysis of whether
changes in law made by the Balanced Budget Act of 1997,
as modified by the amendments made by this section, with
respect to payments for home health services furnished under
the medicare program under title XVIII of the Social Security
Act, impede access to such services by individuals entitled
to benefits under such program.
(h) GAO AUDIT OF RESEARCH EXPENDITURES.—The Comptroller
General of the United States shall conduct an audit of sums

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–916

obligated or expended by the Health Care Financing Administration
for the research described in subsection (f)(1), and of the data,
reports, proposals, or other information provided by such research.
(i) PROMPT IMPLEMENTATION.—
(1) IN GENERAL.—The Secretary of Health and Human
Services shall promptly issue (without regard to chapter 8
of title 5, United States Code) such regulations or program
memoranda as may be necessary to effect the amendments
made by this section for cost reporting periods beginning during
fiscal year 1999.
(2) USE OF PAYMENT AMOUNTS AND LIMITS FROM PUBLISHED
TABLES.—
(A) PER BENEFICIARY LIMITS.—In effecting the amendments made by subsection (a) for cost reporting periods
beginning in fiscal year 1999, the ‘‘median’’ referred to
in section 1861(v)(1)(L)(vi)(I) of the Social Security Act
for such periods shall be the national standardized per
beneficiary limitation specified in Table 3C published in
the Federal Register on August 11, 1998 (63 FR 42926)
and the ‘‘standardized regional average of such costs’’
referred to in section 1861(v)(1)(L)(v)(I) of such Act for
a census division shall be the sum of the labor and nonlabor
components of the standardized per beneficiary limitation
for that census division specified in Table 3B published
in the Federal Register on that date (63 FR 42926) (or
in Table 3D as so published with respect to Puerto Rico
and Guam), and adjusted to reflect variations in wages
among different geographic areas as specified in Tables
4a and 4b published in the Federal Register on that date
(63 FR 42926–42933).
(B) PER VISIT LIMITS.—In effecting the amendments
made by subsection (b) for cost reporting periods beginning
in fiscal year 1999, the limits determined under section
1861(v)(1)(L)(i)(V) of such Act for cost reporting periods
beginning during such fiscal year shall be equal to the
per visit limits as specified in Table 3A published in the
Federal Register on August 11, 1998 (63 FR 42925) and
as subsequently corrected, multiplied by 106⁄105, and
adjusted to reflect variations in wages among different
geographic areas as specified in Tables 4a and 4b published
in the Federal Register on August 11, 1998 (63 FR 42926–
42933).
Subtitle B—Other Medicare-Related Provisions
SEC. 5201. AUTHORIZATION OF ADDITIONAL EXCEPTIONS TO IMPOSITION OF PENALTIES FOR PROVIDING INDUCEMENTS TO
BENEFICIARIES.

(a) IN GENERAL.—Subparagraph (B) of section 1128A(i)(6) of
the Social Security Act (42 U.S.C. 1320a–7a(i)(6)) is amended to
read as follows:
‘‘(B) subject to subsection (n), any permissible practice
described in any subparagraph of section 1128B(b)(3) or
in regulations issued by the Secretary;’’.
(b) SPECIAL PROVISIONS CONCERNING A SAFE HARBOR FOR PAYMENT OF MEDIGAP PREMIUMS OF ESRD BENEFICIARIES.—

42 USC 1395x
note.

112 STAT. 2681–917

42 USC 1320a–
7a note.

42 USC 1320a–
7a note.
42 USC 1320a–
7a note.

PUBLIC LAW 105–277—OCT. 21, 1998

(1) 2-YEAR LIMITATION.—Section 1128A of such Act (42
U.S.C. 1320a–7a) is amended by adding at the end the following:
‘‘(n)(1) Subparagraph (B) of subsection (i)(6) shall not apply
to a practice described in paragraph (2) unless—
‘‘(A) the Secretary, through the Inspector General of the
Department of Health and Human Services, promulgates a
rule authorizing such a practice as an exception to remuneration; and
‘‘(B) the remuneration is offered or transferred by a person
under such rule during the 2-year period beginning on the
date the rule is first promulgated.
‘‘(2) A practice described in this paragraph is a practice under
which a health care provider or facility pays, in whole or in part,
premiums for medicare supplemental policies for individuals entitled to benefits under part A of title XVIII pursuant to section
226A.’’.
(2) GAO STUDY AND REPORT ON IMPACT OF SAFE HARBOR
ON MEDIGAP POLICIES.—If a permissible practice is promulgated
under section 1128A(n)(1)(A) of the Social Security Act (as
added by paragraph (1)), the Comptroller General of the United
States shall conduct a study that compares any disproportionate
impact on specific issuers of medicare supplemental policies
(including the impact on premiums for non-ESRD medicare
beneficiaries enrolled in such policies) due to adverse selection
in enrolling medicare ESRD beneficiaries before the enactment
of the Health Insurance Portability and Accountability Act of
1996 and 1 year after the date of promulgation of such permissible practice under section 1128A(n)(1)(A) of the Social Security
Act. Not later than 18 months after the date of promulgation
of such practice, the Comptroller General shall submit a report
to Congress on such study and shall include in the report
recommendations concerning whether the time limitation
imposed under section 1128A(n)(1)(B) of such Act should be
extended.
(c) EXTENSION OF ADVISORY OPINION AUTHORITY.—Section
1128D(b)(2)(A) of such Act (42 U.S.C. 1320a–7d(b)(2)(A)) is amended
by inserting ‘‘or section 1128A(i)(6)’’ after ‘‘1128B(b)’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act.
(e) INTERIM FINAL RULEMAKING AUTHORITY.—The Secretary of
Health and Human Services may promulgate regulations that take
effect on an interim basis, after notice and pending opportunity
for public comment, in order to implement the amendments made
by this section in a timely manner.
SEC. 5202. EXPANSION OF MEMBERSHIP OF MEDPAC TO 17.

42 USC 1395b–6
note.

(a) IN GENERAL.—Section 1805(c)(1) of the Social Security Act
(42 U.S.C. 1395b–6(c)(1)), as added by section 4022 of the Balanced
Budget Act of 1997, is amended by striking ‘‘15’’ and inserting
‘‘17’’.
(b) INITIAL TERMS OF ADDITIONAL MEMBERS.—
(1) IN GENERAL.—For purposes of staggering the initial
terms of members of the Medicare Payment Advisory Commission (under section 1805(c)(3) of such Act (42 U.S.C. 1395b–
6(c)(3)), the initial terms of the two additional members of

PUBLIC LAW 105–277—OCT. 21, 1998

112 STAT. 2681–918

the Commission provided for by the amendment under subsection (a) are as follows:
(A) One member shall be appointed for one year.
(B) One member shall be appointed for two years.
(2) COMMENCEMENT OF TERMS.—Such terms shall begin
on May 1, 1999.
Subtitle C—Revenue Offsets
SEC. 5301. TAX TREATMENT OF CASH OPTION FOR QUALIFIED PRIZES.

(a) IN GENERAL.—Section 451 (relating to taxable year for which
items of gross income included) is amended by adding at the end
the following new subsection:
‘‘(h) SPECIAL RULE FOR CASH OPTIONS FOR RECEIPT OF QUALIFIED PRIZES.—
‘‘(1) IN GENERAL.—For purposes of this title, in the case
of an individual on the cash receipts and disbursements method
of accounting, a qualified prize option shall be disregarded
in determining the taxable year for which any portion of the
qualified prize is properly includible in gross income of the
taxpayer.
‘‘(2) QUALIFIED PRIZE OPTION; QUALIFIED PRIZE.—For purposes of this subsection—
‘‘(A) IN GENERAL.—The term ‘qualified prize option’
means an option which—
‘‘(i) entitles an individual to receive a single cash
payment in lieu of receiving a qualified prize (or
remaining portion thereof), and
‘‘(ii) is exercisable not later than 60 days after
such individual becomes entitled to the qualified prize.
‘‘(B) QUALIFIED PRIZE.—The term ‘qualified prize’
means any prize or award which—
‘‘(i) is awarded as a part of a contest, lottery,
jackpot, game, or other similar arrangement,
‘‘(ii) does not relate to any past services performed
by the recipient and does not require the recipient
to perform any substantial future service, and
‘‘(iii) is payable over a period of at least 10 years.
‘‘(3) PARTNERSHIP, ETC.—The Secretary shall provide for
the application of this subsection in the case of a partnership
or other pass-through entity consisting entirely of individuals
described in paragraph (1).’’
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendment made by this section
shall apply to any prize to which a person first becomes entitled
after the date of enactment of this Act.
(2) TRANSITION RULE.—The amendment made by this section shall apply to any prize to which a person first becomes
entitled on or before the date of enactment of this Act, except
that in determining whether an option is a qualified prize
option as defined in section 451(h)(2)(A) of the Internal Revenue
Code of 1986 (as added by such amendment)—
(A) clause (ii) of such section 451(h)(2)(A) shall not
apply, and
(B) such option shall be treated as a qualified prize
option if it is exercisable only during all or part of the
18-month period beginning on July 1, 1999.

Applicability.
26 USC 451 note.

112 STAT. 2681–919

PUBLIC LAW 105–277—OCT. 21, 1998
DIVISION K—PAY-AS-YOU-GO PROVISION

Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines
set forth in the Joint Explanatory Statement of the Committee
of Conference accompanying Conference Report No. 105–217, legislation in section 103 of Division A and in divisions C through
J of this Act that would have been estimated by the Office of
Management and Budget as changing direct spending or receipts
under section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985 were it included in an Act other than an
appropriation Act shall be treated as direct spending or receipts
legislation, as appropriate, under section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985.
This Act may be cited as the ‘‘Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999’’.
Approved October 21, 1998.

LEGISLATIVE HISTORY—H.R. 4328 (S. 2307):
HOUSE REPORTS: No. 105–648 (Comm. on Appropriations) and 105–825 (Comm.
of Conference).
SENATE REPORTS: No. 105–249 accompanying S. 2307 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 144 (1998):
July 29, considered and passed House.
July 30, considered and passed Senate, amended, in lieu of S. 2307.
Oct. 20, House agreed to conference report.
Oct. 21, Senate agreed to conference report.

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