A joint resolution making further continuing appropriations for the fiscal year 1988, and for other purposes.
PL 100-202 (H.J.Res.395), enacted 12/22/1987

PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329 
*Public Law 100-202 
100th Congress 
Joint Resolution 
Dec. 22 1987 
Making further continuing appropriations for the fiscal year 1988, and for other 
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purposes. 
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Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, 
SEC. 1. Because the spending levels included in this Resolu- 2 USC 902 note. 
tion achieve the deficit reduction targets of the Economic Summit, 
sequestration is no longer necessary. Therefore: 
(a) Upon the enactment of this Resolution the orders issued by the 
President on October 20, 1987, and November 20, 1987, pursuant to 
section 252 of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, are hereby rescinded. 
0?) Any action taken to implement the orders referred to in 
subsection (a) shall be reversed, and any sequesterable resource that 
has been reduced or sequestered by such orders is hereby restored, 
revived, or released and shall be available to the same extent and 
for the same purpose as if the orders had not been issued. 
The following sums are hereby appropriated, out of any money in 
the Treasury not otherwise appropriated, and out of applicable 
corporate or other revenues, receipts, and funds, for the several 
departments, agencies, corporations, and other organizational units 
of the Government for the fiscal year 1988, and for other purposes, 
namely: 
* SEC. 101. (a) Such amounts as may be necessary for programs, 
projects or activities provided for in the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1988 at a rate of operations and to the extent and in the 
manner provided for, the provisions of such Act to be effective as if 
it had been enacted into law as the regular appropriations Act, as 
follows: 
ENROLLMENT ERRATA 
Pursuamt to the provisions of section lOl(n) of this joint resolution (appearing on 
101 Stat. 1329-432 changes made are indicated by footnote. 
The words "Government", when referring to the Government of the United States 
will be capitalized, "Act", if referring to an action of the Congress of the United 
States, will be capitalized, "State", when referring to a State of the United States 
will be capitalized, "title" and "section" will be lower case, when referring to the 
United States Code or a Federal law. The capitalization of the foregoing words may 
be changed, and not footnoted. 
' Copy read "(a) Such amounts". 
*Note: For information on the printing of this law and a related Presidential memorandum, see 
the editorial note at the end. 
101 STAT. 1329-1 
PUBLIC LAW 100-202—DEC. 22, 1987 
Departments of 
Commerce, 
Justice, and 
State, the 
Judiciary, and 
Related 
Agencies 
Appropriation 
Act, 1988. 
Department of 
Commerce 
Appropriations 
Act, 1988. 
AN ACT 
Making appropriations for the Departments of Commerce, Justice, and State, the 
Judiciary, and related agencies for the fiscal year ending September 30, 1988, and 
for other purposes. 
TITLE I—DEPARTMENT OF COMMERCE 
GENERAL ADMINISTRATION 
' 
•
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SALARIES AND EXPENSES 
For expenses necessary for the general administration of the 
Department of Commerce, including not to exceed $2,000 for official 
entertainment, $39,204,000: Provided, That $250,000 for establishing 
a clearinghouse on State and local initiatives on productivity, tech-
nology and innovation shall be available subject to enactment of 
authorizing legislation. 
BUREAU OF THE CENSUS 
SALARIES AND EXPENSES 
For expenses necessary for collecting, compiling, analyzing, 
preparing, 
and 
publishing 
statistics, 
provided 
for 
by 
law, 
$94,835,000. 
PERIODIC CENSUSES AND PROGRAMS 
For expenses necessary to collect and publish statistics for peri-
odic censuses and programs provided for by law, $346,444,000. 
E C O N O M I C AND S T A T I S T I C A L A N A L Y S I S 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by law, of economic and 
statistical analysis programs, $32,079,000. 
ECONOMIC DEVELOPMENT ADMINISTRATION 
ECONOMIC D E V E L O P M E N T ASSISTANCE PROGRAMS 
For economic development assistance as provided by the Public 
Works and Economic Development Act of 1965, as amended, and 
Public Law 91-304, and such laws that were in effect immediately 
before September 30, 1982, $182,028,000 of which: 
(a) $3,000,000 is for a grant to the Institute for Technology 
Development, Jackson, Mississippi; 
(b) $2,500,000 is for a grant to the University of Bridgeport, in 
Bridgeport, Connecticut to assist in the construction and 
instrumentation of the Connecticut Technology Institute; 
(c) $1,000,000 is for a grant to the city of Worcester, Massachu-
setts and the Worcester Business Development Corporation to 
assist in the construction of a biotechnology research park in 
Worcester, Massachusetts: Provided, That notwithstanding any 
other provision of law or regulation, including title I of the 
Public Works and Economic Development Act of 1965, as 
amended, except the following provisions; section 712 of said 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-2 
Act, the Secretary of Commerce is hereby directed to obligate 
said funds as a direct grant without any further requirement or 
delay upon enactment of this legislation; and 
(d) $250,000 shall be obligated for the Center for International 
Trade Development at Oklahoma State University: 
Provided, That during fiscal year 1988 total commitments to guaran-
tee loans shall not exceed $150,000,000 of contingent liability for 
loan principal: Provided further. That none of the funds appro-
priated or otherwise made available under this heading may be used 
directly or indirectly for attorneys' or consultants' fees in connec-
tion with securing grants and contracts made by the Economic 
Development Administration. 
FINANCIAL AND TECHNICAL ASSISTANCE 
(RESCISSION) 
Of available funds under this head, $1,541,067 are rescinded. 
SALARIES AND EXPENSES 
For necessary expenses of administering the economic develop-
ment assistance programs as provided for by law, $24,742,000: Pro-
vided, That the full time permanent positions for the Economic 
Development Administration shall not be fewer than 360 and that 
the number of Deputy Assistant Secretary positions shall not be 
greater than four: Provided further. 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. Notwithstanding any other provision of this Act or any 
other law, funds appropriated in this paragraph shall be used to fill 
and maintain forty-nine permanent positions designated as Eco-
nomic Development Representatives out of the total number of 
permanent positions funded in the Salaries and Expenses account of 
the Economic Development Administration for fiscal year 1988, and 
such positions shall be maintained in the various States within the 
approved organizational structure in place on December 1,1987, and 
when possible, with those employees who filled those positions on 
that date. 
INTERNATIONAL TRADE ADMINISTRATION 
OPERATIONS AND ADMINISTRATION 
For necessary expenses for international trade activities of the 
Department of Commerce, including trade promotional activities 
abroad without regard to the provisions of law set forth in 44 U.S.C. 
3702 and 3703; 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 alter-
ation, repair, or improvement; purchase or construction of tem-
porary 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 $253,000 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. 4010b); purchase of passenger 
101 STAT. 1329-3 
PUBLIC LAW 100-202—DEC. 22, 1987 
motor vehicles for official use abroad and motor vehicles for law 
enforcement use with special requirement vehicles eligible for pur-
chase without regard to any price limitation otherwise established 
by law; $161,432,000 to remain available until expended, of which 
$6,791,000 is for the Office of Textiles and Apparels, including 
$3,360,000 for a grant to the Tailored Clothing Technology Corpora-
tion and of which $3,840,000 is for support costs for a new materials 
center in Ames, Iowa: 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) 
19 use 2171 
and 2458(c)) shall apply in carrying out these activities. Notwith-
note. 
standing any other provision of law, upon the request of the 
Secretary of Commerce, the Secretary of State shall accord the 
diplomatic title of Minister-Counselor to the senior Commercial 
Officer assigned to any United States mission abroad: Provided 
further, That the number of Commercial Service officers accorded 
such diplomatic title at any time shall not exceed eight. 
EXPORT ADMINISTRATION 
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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 $5,000 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 enforce-
ment use with special requirement vehicles eligible for purchase 
without regard to any price limitation otherwise established by law; 
$37,465,000, to remain available until expended: 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. 
MINORITY BUSINESS DEVELOPMENT AGENCY 
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MINORITY BUSINESS DEVELOPMENT 
For necessary expenses of the Department of Commerce in foster-
ing, promoting, and developing minority business enterprise, includ-
ing expenses of grants, contracts, and other agreements with public 
or private organizations, $39,705,000, of which $25,463,000 shall 
remain available until expended: Provided, That not to exceed 
$14,242,000 shall be available for program management for fiscal 
year 1988: Provided further, That none of the funds appropriated in 
this paragraph or in this title for the Department of Commerce shall 
be available to reimburse the fund established by 15 U.S.C. 1521 on 
account of the performance of a program, project, or activity, nor 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-4 
shall such fund be available for the performance of a program, 
project, or activity, which had not been performed as a central 
service pursuant to 15 U.S.C. 1521 before July 1, 1982, unless the 
Appropriations Committees of both Houses of Congress are notified 
fifteen days in advance of such action in accordance with the 
Committees' reprogramming procedures. 
UNITED STATES TRAVEL AND TOURISM ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses of the United States Travel and Tourism 
Administration including travel and tourism promotional activities 
abroad for travel to the United States and its possessions without 
regard to the provisions of law set forth in 44 U.S.C. 3702 and 3703; 
and including employment of American citizens and aliens by con-
tract for services abroad; rental of space abroad for periods not 
exceeding five years, and expenses of alteration, repair, or improve-
ment; purchase or construction of temporary demountable exhi-
bition structures for use abroad; advance of funds under contracts 
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; and not to exceed $8,000 for representation expenses 
abroad; $11,724,000. 
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including ac-
quisition, maintenance, operation, and hire of aircraft; 399 commis- 33 USC 851. 
sioned officers on the active list; construction of facilities, including 
initial equipment; alteration, modernization, and relocation of facili-
ties; and acquisition of land for facilities; $1,110,015,000, to remain 
available until expended; and in addition, $28,291,000 shall be de-
rived from the Airport and Airways Trust Fund; and in addition, 
$44,397,000 shall be derived by transfer from the Fund entitled 
"Promote and Develop Fishery Products and Research Pertaining to 
American Fisheries"; and in addition, $15,248,000 shall be derived 
by transfer from the Coastal Energy Impact Fund: Provided, That 
grants to States pursuant to section 306 and section 306(a) of the 
Coastal Zone Management Act, as amended, shall not exceed 
$2,000,000 and shall not be less than $450,000: Provided 
further. 
That $376,000 of the funds made available under this paragraph 
shall be used for a semi-tropical research facility located at Key 
Largo, Florida: Provided further, That of the funds appropriated in 
this paragraph, necessary funds shall be used to fill and maintain a 
staff of three persons, as National Oceanic and Atmospheric 
Administration personnel, to work on contracts and purchase orders 
at the National Data Buoy Center in Bay St. Louis, Mississippi, and 
report to the Director of the National Data Buoy Center in the same 
manner and extent that such procurement functions were per-
formed at Bay St. Louis prior to June 26, 1983, except that they may 
provide procurement assistance to other Department of Commerce 
101 STAT. 1329-5 
PUBLIC LAW 100-202—DEC. 22, 1987 
activities pursuant to ordinary interagency agreements. Where 
practicable, these positions shall be filled by the employees who 
performed such functions prior to June 26, 1983. 
No monies appropriated by this Act shall be used by the Depart-
ment of Commerce prior to February 1, 1988, to initiate proceedings 
under section 312 (d) and (e) of the Coastal Zone Management Act of 
1972 (16 U.S.C. 1458) against the State of California's Coastal 
Management Program. Further, the Secretary of Commerce is di-
rected to release to the California Coastal Commission the fiscal 
year 1987 administrative grant for operations and equipment au-
thorized under section 306 of the Coastal Zone Management Act of 
1972 (16 U.S.C. 1455). 
Notwithstanding the provisions of Public Law 100-71, any funds 
appropriated in prior Acts and unobligated for the commercializa-
tion of the Land Remote Sensing Satellite System (LANDSAT) as of 
the date of enactment of House Joint Resolution 395, shall be 
available to restore the reductions in other programs funded in 
"Operations, Research, and Facilities" which were made pursuant 
to the conference report and accompanying statement of the man-
agers on House Joint Resolution 395, if a new contract has not been 
signed by April 1, 1988 for commercialization of the Land Remote 
Sensing Satellite System (LANDSAT): Provided, That such contract 
shall be subject to the approval of the Appropriations Committees of 
the Congress pursuant to the reprogramming provisions of section 
608 of this Act. 
FISHERIES PROMOTIONAL FUND 
Of the funds deposited in the Fisheries Promotional Fund pursu-
ant to section 209 of the Fish and Seafood Promotion Act of 1986, 
$2,625,000 shall be made available as authorized by said Act, to 
remain available until expended, and $375,000 shall be transferred 
to the fund entitled "Promote and Develop Fishery Products and 
Research Pertaining to American Fisheries'. 
FISHERMEN'S CONTINGENCY FUND 
For carrying out the provisions of title IV of Public Law 95-372, 
not to exceed $719,000, to be derived from receipts collected pursu-
ant 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 Fishery Conservation and Management Act of 1976, £is 
amended (Public Law 94-265), and the American Fisheries Pro-
motion Act (Public Law 96-561), there are appropriated from the 
fees imposed under the foreign fishery observer program authorized 
by these Acts, not to exceed $1,919,000, to remain available until 
expended. 
PATENT AND TRADEMARK OFFICE 
SALARIES A N D EXPENSES 
For necessary expenses of the Patent and Trademark Office, 
including defense of suits instituted against the Commissioner of 
Patents and Trademarks, $120,000,000 and, in addition, such fees as 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-6 
shall be collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 
376, to remain available until expended. 
NATIONAL BUREAU OF STANDARDS 
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES 
For necessary expenses of the National Bureau of Standards, 
$144,783,000, to remain available until expended, of which not to 
exceed $4,920,000 may be transferred to the "Working Capital 
Fund", and of which not to exceed $1,000,000 shall be available for 
construction of research facilities. 
NATIONAL TELECOMMUNICATIONS AND INFORMATION 
ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration, $13,814,000, 
of which $700,000 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, $21,290,000, to remain available until ex-
pended: Provided, That not to exceed $1,200,000 shall be available 
for program management as authorized by section 391 of the 
Communications Act of 1934, sis amended: Provided further, That 
notwithstanding the provisions of section 391 of the Communica-
tions Act of 1934, as amended, 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 notwithstanding sections 391 and 392 of the Commu-
nications Act, as amended, up to $1,700,000 shall be available for the 
establishment and administration of the Pan-Pacific Educational 
and Cultural Experiments by Satellite program (PEACESAT). 
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE 
SEC. 101. During the current fiscal year, applicable appropriations 
and funds available to the Department of Commerce shall be avail-
able 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 said Act, 
and, notwithstanding 31 U.S.C. 3324, may be used for advance 
payments not otherwise authorized only upon the certification of 
officials designated by the Secretary that such payments are in the 
public interest. 
SEC. 102. During the current fiscal year, appropriations to the 
Department of Commerce which are available for salaries and 
expenses shall be available for hire of passenger motor vehicles; 
services as authorized by 5 U.S.C. 3109; and uniforms or allowances 
therefor, as authorized by law (5 U.S.C. 5901-5902). 
SEC. 103. No funds in this title shall be used to sell to private 
interests, except with the consent of the borrower, or contract with 
private interests to sell or administer, any loans made under the 
101 STAT. 1329-7 
PUBLIC LAW 100-202—DEC. 22, 1987 
Public Works and Economic Development Act of 1965 or any loans 
made under section 254 of the Trade Act of 1974. 
SEC. 104. During the current fiscal year, the National Bureau of 
Standards is authorized to accept contributions of funds, to remain 
available until expended, from any public or private source to 
construct a facility for cold neutron research on materials, notwith-
standing the limitations contained in 15 U.S.C. 278d. 
SEC. 105. In procuring information processing and telecommuni-
cations services of the National Oceanic and Atmospheric Adminis-
tration for the Advanced Weather Interactive Processing System, 
the Secretary of Commerce may provide, in the contract or contracts 
for such services, for the payment for contingent liability of the 
Federal Government which may accrue in the event that the 
Government decides to terminate the contract before the expiration 
of the multi-year contract period. Such contract or contracts for 
such services shall limit the payments which the Federal Govern-
ment is allowed to make under such contract or contracts to 
amounts provided in advance in appropriation Acts. 
19 use 2347 
SEC. 106. Notwithstanding any other provision of law, including 
note. 
section 257(c) of the Trade Act of 1974, as amended, and section 203 
of the Public Works and Economic Development Act of 1965, as 
amended, principal and interest repayments from loans, proceeds 
from the sale of loan assets or collateral, and other receipts arising 
out of transactions entered into pursuant to title II, chapter 3 of the 
Trade Act of 1974 shall be deposited into the economic development 
revolving fund established under section 203 of the Public Works 
and Economic Development Act of 1965 beginning October 1, 1987: 
Provided, That payments of obligations in connection with loans 
guaranteed under the authority of the Trade Act of 1974 or the 
Public Works and Economic Development Act of 1965, and any 
related expenses, shall be made from funds available in the eco-
nomic development revolving fund: Provided further, That deposits 
to the economic development revolving fund of amounts appro-
priated for, or received in connection with, activities authorized 
under the Trade Act of 1974, made prior to October 1, 1987, shall be 
deemed valid deposits. 
SEC. 107. Notwithstanding any other provision of law, the Sec-
retary of Commerce is authorized to negotiate and conclude an 
agreement to exchange properties with the necessary private and 
public parties for the purpose of expanding the National Oceanic 
and Atmospheric Administration marine facility at Pascagoula, 
Mississippi. 
15 use 1531. 
SEC. 108. In order to maintain overseas program activity for the 
Department of Commerce provided for each fiscal year at the appro-
priated program levels, the Secretary may establish Buying Power 
Maintenance accounts for the International Trade Administration, 
the Export Administration, and the United States Travel and Tour-
ism Administration. There are authorized to be appropriated for 
such accounts such sums as may be necessary to offset adverse 
fluctuations in foreign currency exchange rates, or unbudgeted 
overseas wage and price changes. To eliminate substantial gains to 
the approved levels of overseas operations, the Secretary shall 
transfer to a Buying Power Maintenance account such amounts 
determined to be excessive to the needs of the approved level of 
overseas operations because of fluctuations in foreign currency ex-
change rates or changes in unbudgeted overseas wages and prices, 
including unobligated balances associated with the overseas pro-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-8 
gram. To offset adverse fluctuations in foreign currency exchange 
rates or unbudgeted overseas wage and price changes, the Secretary 
may transfer from a Buying Power Maintenance account such 
amounts determined to be necessary to maintain the approved level 
of overseas operations under an appropriation account. Funds trans-
ferred by the Secretary to or from a Buying Power Maintenance 
account to another account shall be merged with and be available 
for the same purpose, and for the same time period, as the funds in 
the account into which transferred. Any restriction contained in an 
appropriation Act or other provision of law limiting the amounts 
available for the Department of Commerce that may be obligated or 
expended shall be deemed to be adjusted to the extent necessary to 
offset the net effect of fluctuations in foreign currency exchange 
rates or unbudgeted overseas wage and price changes in order to 
maintain approved levels. 
This title may be cited as the "Department of Commerce Appro-
priation Act, 1988". 
TITLE II—DEPARTMENT OF JUSTICE 
GENERAL ADMINISTRATION 
Department of 
Justice 
Appropriation 
Act of 1988. 
SALARIES AND EXPENSES 
For expenses necessary for the administration of the Department 
of Justice, $88,360,000. 
WORKING CAPITAL FUND 
For additional capital, not to exceed $4,000,000, to remain avail-
able until expended, to be derived from current operating income. 
UNITED STATES PAROLE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the United States Parole Commission, 
as authorized by law, $11,665,000. 
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 the Attorney General and accounted for solely on his 
certificate; and rent of private or Government-owned space in the 
District of Columbia; $237,209,000, of which not to exceed $6,000,000 
for litigation support contracts shall remain available until Septem-
ber 30, 1989: Provided, That of the funds available in this appropria-
tion, not to exceed $5,000,000 shall be available 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 smd expenses. General Administration, to 
remain avsdlable until expended: Provided further. That of the funds 
appropriated to the Department of Justice in this Act, not to exceed 
101 STAT. 1329-9 
PUBLIC LAW 100-202—DEC. 22, 1987 
$1,000,000 may be transferred to this appropriation to pay expenses 
related to the activities of any Independent Counsel appointed 
pursuant to 28 U.S.C. 591, et seq., upon notification by the Attorney 
General to the Committees on Appropriations of the House of 
Representatives and the Senate and approval under said Commit-
tees' policies concerning the reprogramming of funds: Provided 
28 use 591 note, further, That a permanent indefinite appropriation is established 
within the Department of Justice to pay all necessary expenses of 
investigations and prosecutions by independent counsel appointed 
pursuant to the provisions of 28 U.S.C. 591 et seq. or other law: 
Provided further, That the Comptroller General shall perform semi-
annual financial reviews of expenditures from the Independent 
Counsel permanent indefinite appropriation, and report their find-
ings to the Committees on Appropriations of the House and Senate: 
Provided further, That not to exceed $5,000,000 may be transferred 
to "Salaries and expenses, general legal activities" from "Fees and 
expenses of witnesses": Provided further, That the Chief, U.S. Na-
tional Central Bureau, INTERPOL, may establish and collect fees to 
process name checks and background records for noncriminal 
employment, licensing, and humanitarian purposes and, notwith-
standing the provisions of 31 U.S.C. 3302, credit not more than 
$150,000 of such fees to this appropriation to be used for salaries and 
other expenses incurred in providing these services. 
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SALARIES AND EXPENSES, ANTITRUST DIVISION 
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For expenses necessary for the enforcement of antitrust and 
kindred laws, $44,937,000. 
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS 
For necessary expenses of the Offices of the United States Attor-
neys, $380,339,000. 
UNITED STATES TRUSTEES SYSTEM FUND 
For the necessary expenses of the United States Trustees Pro-
gram, $29,370,000, for activities authorized by section 115 of the 
Bankruptcy Judges, United States Trustees, and Family Farmer 
Bankruptcy Act of 1986 (Public Law 99-554): Provided, That deposits 
to the Fund are available in such amounts as may be necessary to 
pay refunds due depositors: Provided further. That the Attorney 
General may credit to this appropriation not more than $18,000,000 
of fees available pursuant to 28 U.S.C, 589(a). 
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; allowances and benefits similar to those allowed 
under the Foreign Service Act of 1980 as determined by the Commis-
sion; expenses of packing, shipping, and storing personal effects of 
personnel assigned abroad; rental or lease, for such periods as may 
be necessary, of office space and living quarters of personnel as-
signed abroad; maintenance, improvement, and repair of properties 
rented or leased abroad, and furnishing fuel, water, and utilities for 
such properties; insurance on official motor vehicles abroad; ad-
vances of funds abroad; advances or reimbursements to other 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-10 
Government agencies for use of their facilities and services in 
carrying out the functions of the Commission; hire of motor vehicles 
for field use only; and employment of aliens; $500,000. 
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE 
For necessary expenses of the United States Marshals Service; 
including acquisition, lease, maintenance, and operation of vehicles 
and aircraft; $183,168,000: Provided, That notwithstanding the 
provisions of title 31 U.S.C. 3302, the Director of the United States 
Marshals Service may collect fees and expenses for the service of 
civil process, including: complaints, summonses, subpoenas and 
similar process; and seizures, levies, and sales associated with ju-
dicial orders of execution; and credit not to exceed $1,000,000 of such 
fees to this appropriation to be used for salaries and other expenses 
incurred in providing these services. 
SUPPORT OF UNITED STATES PRISONERS 
For support of United States prisoners in non-Federal institutions, 
$73,746,000, which shall remain available until expended; of which 
not to exceed $5,000,000 shall be available under the Cooperative 
Agreement Program for the purposes of renovating, constructing, 
and equipping State and local correctional facilities: Provided, That 
amounts made available for constructing any local correctional 
facility shall not exceed the cost of constructing space for the 
average Federal prisoner population to be housed in the facility, or 
in other facilities in the same correctional system, as projected by 
the Attorney General: Provided further, That following agreement 
on or completion of any federally assisted correctional facility 
construction, the availability of the space acquired for Federal 
prisoners with these Federal funds shall be assured and the per 
diem rate charged for housing Federal prisoners in the assured 
space shall not exceed operating costs for the period of time specified 
in the cooperative agreement. 
FEES AND EXPENSES OF WITNESSES 
For expenses, mileage, compensation, and per diems of witnesses 
and for per diems in lieu of subsistence, as authorized by law, 
including advances; $53,015,000, to remain available until expended, 
of which not to exceed $1,350,000 may be made available for plan-
ning, construction, renovation, maintenance, remodeling, and repair 
of buildings and the purchase of equipment incident thereto for 
protected witness safesites. 
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, $27,858,000, of 
which not to exceed $20,667,000 shall remain available until ex-
pended to make payments in advance for grants, contracts and 
reimbursable agreements and other expenses necessary under sec-
tion 501(c) of the Refugee Education Assistance Act of 1980 (Public 
Law 96-422; 94 Stat. 1809) for the processing, care, maintenance, 
security, transportation and reception and placement in the United 
States of Cuban and Haitian entrants: Provided, That notwithstand-
ing section 501(eX2XB) of the Refugee Education Assistance Act of 
91-194 O - 90 -12 : QL.3 Part 2 
101 STAT. 1329-11 
PUBLIC LAW 100-202—DEC. 22, 1987 
1980 (Public Law 96-422; 94 Stat. 1810), funds may be expended for 
assistance with respect to Cuban and Haitian entrants as authorized 
under section 501(c) of such Act. 
ASSETS FORFEITURE FUND 
For expenses authorized by 28 U.S.C. 524, as amended by the 
Comprehensive Forfeiture Act of 1984 and the Anti-Drug Abuse Act 
of 1986, such sums as may be necessary to be derived from the 
Department of Justice Assets Forfeiture Fund: Provided, That not to 
exceed 50 per centum of total amounts available for appropriation in 
fiscal year 1988 from the Department of Justice Assets Forfeiture 
Fund shall be obligated during fiscal year 1988 for payments pursu-
ant to section 524(cXl) of title 28, United States dode: Provided 
further. That such limitation shall not apply to funds transferred 
pursuant to section 210 of this Act. 
FEDERAL BUREAU OF INVESTIGATION 
. 
SALARIES AND EXPENSES 
-
For expenses necessary for detection, investigation, and prosecu-
tion of crimes against the United States; including purchaise for 
police-type use of not to exceed 2,000 passenger motor vehicles of 
which 1,650 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 unfore-
seen emergencies of a confidential character, to be expended under 
the direction of the Attorney General, and to be accounted for solely 
on his certificate; $1,388,492,000, of which not to exceed $10,000,000 
for automated data processing and telecommunications 
and 
$1,000,000 for undercover operations shall remain available until 
September 30, 1989; of which not to exceed $3,000,000 for research 
I 
related to investigative activities shall remain available until ex-
I 
pended; of which not to exceed $13,000,000 for the construction of 
' 
the Engineering Research Facility shall remain available until ex-
pended; and of which not to exceed $500,000 is authorized to be 
I 
made available for making payments or advances for expenses 
arising out of contractual or reimbursable agreements with State 
and local law enforcement agencies while engaged in cooperative 
activities related to terrorism: Provided, That the Director of the 
Federal Bureau of Investigation may establish and collect fees to 
process fingerprint identification records for noncriminal employ-
ment and licensing purposes, and notwithstanding the provisions of 
31 U.S.C. 3302, credit such fees to this appropriation to be used for 
salaries and other expenses incurred in providing these services: 
Provided further. That not to exceed $45,000 shall be available for 
official reception and representation expenses: Provided 
further, 
That not to exceed $8,000,000 for the expansion and renovation of 
the New York field office shall remain available until expended. 
I 
DRUG ENFORCEMENT ADMINISTRATION 
SALARIES A N D EXPENSES 
For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-12 
confidential character, to be expended under the direction of the 
Attorney General, and to be accounted for solely on his certificate; 
purchase of not to exceed 525 passenger motor vehicles of which 489 
are 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; 
$494,076,000, of which not to exceed $1,200,000 for research shall 
remain available until expended; not to exceed $1,700,000 for pur-
chase of evidence and payments for information, not to exceed 
$4,000,000 for contracting for ADP and telecommunications equip-
ment, and not to exceed $2,000,000 for technical equipment shall 
remain available until September 30,1989. 
IMMIGRATION AND NATURALIZATION SERVICE 
SALARIES AND EXPENSES 
For expenses, not otherwise provided for, necessary for the 
administration and enforcement of the laws relating to immigra-
tion, naturalization, and alien registration, including not to exceed 
$50,000 to meet unforeseen emergencies of a confidential character, 
to be expended under the direction of the Attorney General and 
accounted for solely on his certificate; purchase for police-type use 
(not to exceed 1,670, of which 490 shall be for replacement only) and 
hire of passenger motor vehicles; acquisition, lease, maintenance 
and operation of aircraft; and research reflated to immigration 
enforcement; $741,114,000, of which not to exceed $400,000 for re-
search and $35,000,000 for construction shall remain available until 
expended: Provided, That none of the funds available to the 
Immigration and Naturalization Service shall be available for 
administrative expenses to pay any employee overtime pay in an 
amount in excess of $25,000 except in such instances when the 
Commissioner makes a determination that this restriction is impos-
sible to implement: Provided further, That uniforms may be pur-
chgised without regard to the general purchase price limitation for 
the current fiscal year: Provided further. That none of the funds 
available to the Immigration and Naturalization Service shall be 
available to administer or implement a nationwide employer tele-
phone verification system unless the Commissioner of Immigration 
and Naturalization procures such system through sealed bid or 
competitive proposal procedures, except that this proviso shall not 
affect the pilot project directed in section 101(dX4) of the Immigra-
tion Reform and Control Act of 1986, Public Law 99-603: Provided 
further. That effective February 28, 1988, none of the funds appro-
priated herein shall be available to detain aliens convicted of a 
felony under State or Federal law at the Krome processing center 
unless such center has been designated a security level 3 or higher 
level correctional facility. 
FEDERAL PRISON SYSTEM 
SALARIES AND EXPENSES 
For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, includ-
ing purchase (not to exceed 142 of which 106 are for replacement 
only) and hire of law enforcement and passenger motor vehicles; 
101 STAT. 1329-13 
PUBLIC LAW 100-202—DEC. 22, 1987 
42 use 250a. 
$719,814,000: Provided, That there may be transferred to the Health 
Resources and Services Administration such amounts as may be 
necessary, in the discretion of the Attorney General, for direct 
expenditures by that Administration for medical relief for inmates 
of Federal penal and correctional institutions: Provided 
further. 
That uniforms may be purchased without regard to the general 
purchase price limitation for the current fiscal year. 
NATIONAL INSTITUTE OF CORRECTIONS 
For carrying out the provisions of sections 4351-4353 of title 18, 
United States Code, which established a National Institute of 
Corrections, $9,590,000, to remain available until expended. 
BUILDINGS AND FACIUTIES 
For planning, acquisition of sites and construction of new facili-
ties; purchase and acquisition of facilities and remodeling and equip-
ping 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, includ-
ing all necessary expenses incident thereto, by contract or force 
account, $201,676,000 to remain available until expended: Provided, 
That labor of United States prisoners may be used for work per-
formed under this appropriation. 
FEDERAL PRISON INDUSTRIES, INCORPORATED 
The Federal Prison Industries, Incorporated, is hereby authorized 
to make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments, without regard to fiscal year limita-
tions as provided by section 104 of the Government Corporation 
Control Act, as amended, 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 replace-
ment only) and hire of passenger motor vehicles. 
LIMITATION ON ADMINISTRATIVE AND VOCATIONAL EXPENSES, FEDERAL 
j 
PRISON INDUSTRIES, INCORPORATED 
Not to exceed $2,347,000 of the funds of the corporation shall be 
I 
available for its administrative expenses, and not to exceed 
$7,571,000 for the expenses of vocational training of prisoners, both 
amounts to be available for services as authorized by 5 U.S.C. 3109, 
and to be computed on an accrual basis to be determined in accord-
ance with the corporation's prescribed accounting system in effect 
on July 1, 1946, 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. 
,•,.-....„ ,..........,, ....^,.,-,,,..,. .-,.., 
^ _,,.„.., 
PUBLIC LAW 100-202—DEC. 22, 1987 
OFFICE OF JUSTICE PROGRAMS 
101 STAT. 1329-14 
JUSTICE ASSISTANCE 
For grants, contracts, cooperative agreements, and other assist-
ance authorized by the Justice Assistance Act of 1984, Runaway 
Youth and Missing Children Act Amendments of 1984, and the 
Missing Children Assistance Act including salaries and expenses in 
connection therewith, $87,383,000 to remain available until ex-
pended, of which $5,000,000 is provided for programs authorized 
under part E of the Justice Assistance Act of 1984, notwithstanding 
the provisions of section 407 of such Act, including $1,000,000 for a 
grant to assist in the construction of a consolidated judicial center in 
Owensboro, Kentucky, and including $1,025,000 for a grant to the 
town of Alderson, West Virginia, to assist in the expansion of the 
municipal water treatment system serving the Federal Correctional 
Institution at Alderson, West Virginia: Provided, That of the unobli-
gated funds previously appropriated for the Juvenile Justice and 
Delinquency Prevention Act which are subject to provisions of 
sections 222(b), 223(d), and 228(e) of title II of such Act, $3,000,000 to 
remain available until expended, shall be made available for pro-
grams authorized by part E of the Justice Assistance Act of 1984, 
notwithstanding the provisions of section 407 of such Act. In addi-
tion, for grants as authorized by the State and Local Law Enforce-
ment Assistance Act of 1986 (Public Law 99-570, 100 Stat. 3207-42 to 
3207-48), including salaries and expenses in connection therewith, 
$70,000,000 to remain available until expended: Provided further,^ 
That the Director, Bureau of Justice Assistance may increase the 
limitation, not to exceed 20 per centum, on administrative costs 
pursuant to 42 U.S.C. 3796n upon notification to the Director by 
States unable to comply with the limitation. In addition, for grants, 
contracts, cooperative agreements, and other assistance authorized 
by title II of the Juvenile Justice and Delinquency Prevention Act of 
1974, as amended, including salaries and expenses in connection 
therewith, $66,692,000 to remain available until expended, of which 
not less than $3,000,000 shall be allotted under subpart II of part B 
of the Act to assist those States deemed not in substantial compli-
ance with the jail removal mandate found in section 224(a)(14) of the 
Act. In addition, $5,000,000 for the purpose of making grants to 
States for their expenses by reason of Mariel Cubans having to be 
incarcerated in State facilities for terms requiring incarceration for 
the full period October 1, 1987 through September 30, 1988, follow-
ing their conviction of a felony committed after having been paroled 
into the United States by the Attorney General: Provided further,^ 
That within thirty days of enactment of this Act the Attorney 
General shall announce in the Federal Register that this appropria-
tion will be made available to the States whose Governors certify by 
February 1, 1988, a listing of names of such Mariel Cubans incarcer-
ated in their respective facilities: Provided further. That the Attor-
ney General, not later than April 1, 1988, will complete his review of 
the certified listings of such incarcerated Mariel Cubans, and make 
grants to the States on the basis that the certified number of such 
incarcerated persons in a State bears to the total certified number of 
such incarcerated persons: Provided further. That the amount of 
reimbursements per prisoner per annum shall not exceed $12,000. 
Federal 
Register, 
publication. 
^ Copy read "Provided,' 
101 STAT. 1329-15 
PUBLIC LAW 100-202—DEC. 22, 1987 
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE 
SEC. 201. A total of not to exceed $75,000 from funds appropriated 
to the Department of Justice in this title shall be available for 
official reception and representation expenses in accordance with 
distributions, procedures, and regulations established by the Attor-
ney General. 
23 use 114 note. 
SEC. 202. Notwithstanding any other provision of law, materials 
produced by convict labor may be used in the construction of any 
highways or portion of highways located on Federal-aid systems, as 
described in section 103 of title 23, United States Code. 
SEC. 203. Appropriations for "Salaries and expenses, General 
Administration', "Salaries and expenses. United States Marshals 
Service", "Salaries and expenses. Federal Bureau of Investigation", 
"Salaries and expenses. Drug Enforcement Administration , "Sala-
ries and expenses. Immigration and Naturalization Service", and 
"Salaries and expenses. Federal Prison System", shall be available 
for uniforms and allowances therefor as authorized by law (5 U.S.C. 
5901-5902). 
SEC. 204. (a) Subject to subsection 0)) of this section, authorities 
contained in Public Law 96-132, "The Department of Justice Appro-
priation Authorization Act, Fiscal Year 1980", 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. 
0)X1) With respect to any undercover investigative operation of 
the Federal Bureau of Investigation or the Drug Enforcement 
Administration which is necessary for the detection and prosecution 
of crimes against the United States or for the collection of foreign 
intelligence or counterintelligence— 
(A) sums authorized to be appropriated for the Federal 
Bureau of Investigation and for the Drug Enforcement Adminis-
tration, for fiscal year 1988, may be used for purchasing prop-
erty, buildings, and other facilities, and for leasing space, within 
the United States, the District of Columbia, and the territories 
and possessions of the United States, without regard to section 
1341 of title 31 of the United States Code, section 3732(a) of the 
Revised Statutes (41 U.S.C. 11(a)), section 305 of the Act of 
June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the third undesig-
nated paragraph under the heading "Miscellaneous" of the Act 
of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34), section 3324 of title 
31 of the United States Code, section 3741 of the Revised 
Statutes (41 U.S.C. 22), and subsections (a) and (c) of section 304 
of the Federal Property and Administrative Service Act of 1949 
(63 Stat. 395; 41 U.S.C. 254 (a) and (c)), 
(B) sums authorized to be appropriated for the Federal 
Bureau of Investigation and for the Drug Enforcement Adminis-
tration, for fiscal year 1988, may be used to establish or to 
acquire proprietary corporations or business entities as part of 
an undercover investigative operation, and to operate such 
corporations or business entities on a commercial basis, without 
regard to section 9102 of title 31 of the United States C!ode, 
(C) sums authorized to be appropriated for the Federal 
Bureau of Investigation and for the Drug Enforcement Adminis-
tration, for fiscal year 1988, and the proceeds from such under-
cover operation, may be deposited in banks or other financial 
institutions, without regard to section 648 of title 18 of the 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-16 
United States Code and section 3302 of title 31 of the United 
States Code, and 
(D) proceeds from such undercover operation may be used to 
offset necessary and reasonable expenses incurred in such oper-
ation, without regard to section 3302 of title 31 of the United 
States Code, 
only, in operations designed to detect and prosecute crimes against 
the United States, upon the written certification of the Director of 
the Federal Bureau of Investigation (or, if designated by the Direc-
tor, a member of the Undercover Operations Review Committee 
established by the Attorney General in the Attorney General's 
Guidelines on Federal Bureau of Investigation Undercover Oper-
ations, as in effect on July 1, 1983) or the Administrator of the Drug 
Enforcement Administration, as the case may be, and the Attorney 
General (or, with respect to Federal Bureau of Investigation under-
cover operations, if designated by the Attorney General, a member 
of such Review Committee), that any action authorized by subpara-
graph (A), (B), (C), or (D) is necessary for the conduct of such 
undercover operation. If the undercover operation is designed to 
collect foreign intelligence or counterintelligence, the certification 
that any action authorized by subparagraph (A), (B), (C), or (D) is 
necessary for the conduct of such undercover operation shall be by 
the Director of the Fedferal Bureau of Investigation (or, if designated 
: 
by the Director, the Assistant Director, Intelligence Division) and 
the Attorney General (or, if designated by the Attorney General, the 
Counsel for Intelligence Policy). Such certification shall continue in 
effect for the duration of such undercover operation, without regard 
to fiscal years. 
(2) As soon as the proceeds from an undercover investigative 
operation with respect to which an action is authorized and carried 
out under subparagraphs (C) and (D) of subsection (a) are no longer 
necessary for the conduct of such operation, such proceeds or the 
balance of such proceeds remaining at the time shall be deposited in 
the Treasury of the United States as miscellaneous receipts. 
(3) If a corporation or business entity established or acquired as 
part of an undercover operation under subparagraph (B) of para-
graph (1) with a net value of over $50,000 is to be liquidated, sold, or 
otherwise disposed of, the Federal Bureau of Investigation or the 
Drug Enforcement Administration, as much in advance £is the 
Director or the Administrator, or the designee of the Director or the 
Administrator, determines is practicable, shall report the cir-
cumstances to the Attorney General and the Comptroller General. 
The proceeds of the liquidation, sale, or other disposition, after 
obligations are met, shall be deposited in the Treasury of the United 
States as miscellaneous receipts. 
(4XA) The Federal Bureau of Investigation or the Drug Enforce- 
28 USC 533 note. 
ment Administration, as the case may be, shall conduct a detailed 
financial audit of each undercover investigative operation which is 
closed in fiscal year 1988— 
(i) submit the results of such audit in writing to the Attorney 
General, and 
(ii) not later than 180 days after such undercover operation is Reports. 
closed, submit a report to the Congress concerning such audit. 
(B) The Federal Bureau of Investigation and the Drug Enforce- Reports. 
ment Administration shall each also submit a report annually to the 
Congress specifying as to their respective undercover investigative 
operations— 
101 STAT. 1329-17 
PUBLIC LAW 100-202—DEC. 22, 1987 
(i) the number, by programs, of undercover investigative oper-
ations pending as of the end of the one-year period for which 
such report is submitted, 
(ii) the number, by programs, of undercover investigative 
operations commenced in the one-year period preceding the 
period for which such report is submitted, and 
(iii) the number, by programs, of undercover investigative 
operations closed in the one-year period preceding the period for 
which such report is submitted and, with respect to each such 
closed undercover operations, the results obtained. With respect 
to each such closed undercover operation which involves any of 
the sensitive circumstances specified in the Attorney General's 
Guidelines on Federal Bureau of Investigation Undercover 
Operations, such report shall contain a detailed description of 
the operation and related matters, including information 
pertaining to— 
(I) the results, 
(II) any civil claims, and 
(III) identification of such sensitive circumstances in-
volved, that arose at any time during the course of such 
undercover operation. 
28 use 533 note. 
(5) For purposes of paragraph (4)— 
(A) the term "closed" refers to the earliest point in time at 
which— 
(i) all criminal proceedings (other than appeals) are con-
ducted, or 
(ii) covert activities are concluded, whichever, occurs 
later, 
(B) the term "employees" means employees, as defined in 
section 2105 of title 5 of the United States Code, of the Federal 
Bureau of Investigation, and 
(C) the terms "undercover investigative operations" and 
"undercover operation" means any undercover investigative 
operation of the Federal Bureau of Investigation or the Drug 
Enforcement Administration (other than a foreign counterintel-
ligence undercover investigative operation)— 
(i) in which— 
(I) the gross receipts (excluding interest earned) 
exceed $50,000, or 
(II) expenditures (other than expenditures for sala-
ries of employees) exceed $150,000, and 
(ii) which is exempt from section 3302 or 9102 of title 31 of 
the United States C^de, 
except that clauses (i) and (ii) shall not apply with respect to the 
report required under subparagraph (B) of such paragraph. 
SEC. 205. None of the funds appropriated or made available by this 
Act shall be used prior to October 1,1988, to issue or implement any 
final rule in the rulemaking proceeding commenced August 8, 1986 
(51 Fed. Reg. 28576-28589). 
SEC. 206. 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 unconsti-
tutional by a court of competent jurisdiction, this section shall be 
null and void. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-18 
SEC. 207. 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. 208. 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 207 intended to address 
the philosophical beliefs of individual employees of the Bureau of 
Prisons. 
SEC. 209. Notwithstanding subsections (c) and (d) of section 223 of 
the Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5633), the Administrator of the Office of Juvenile Justice and 
Delinquency Prevention may not— 
(1) terminate any State's eligibility for funding under subpart 
I of part B of title II of such Act, or 
(2) determine that the State's plan fails to meet the require-
ments of such section, 
for fiscal year 1988 because of the failure of such State to comply 
with the requirements of section 223(aX14) of such Act before such 
fiscal year. 
SEC. 210. (a) Section 524(cXl) of title 28 of the United States Code 
is amended by deleting "and" at the end of subparagraph (F), by 
striking out the period at the end of (G) and inserting in lieu thereof 
"; and" and, by inserting the following new subparagraph: 
"(H) after all reimbursements and program-related expenses 
have been met at the end of each fiscal year, the Attorney 
General may transfer deposits from the Assets Forfeiture Fund 
to the Building and Facilities account of the Federal prison 
system for the construction of correctional institutions.", 
(b) Amounts proposed for transfer pursuant to subsection (a) shall 28 USC 524 note. 
be transferred only upon notification by the Attorney General to the 
Committees on Appropriations of the House of Representatives and 
the Senate and approval under said Committees' policies concerning 
the reprogramming of funds. 
SEC. 211. Section 210(d) of the Immigration and Nationality Act is 
8 USC 1160. 
amended by inserting the following new paragraph: 
"(3) No application fees collected by the Immigration and Natu-
ralization Service (INS) pursuant to section 210(d) of the Immigra-
tion and Nationality Act (INA) may be used by the INS to offset the 
costs of the special agricultural worker legalization program until 
the INS implements the program consistent with the statutory 
mandate as follows: 
"(A) During the application period as defined in section 
210(aXlXA) of the INA the INS may grant temporary admission 
to the United States, work authorization, and provide an 
'emplo3anent authorized' ^ endorsement or other appropriate 
work permit to any alien who presents a preliminary applica-
tion for adjustment of status under subsection (a) at a des-
ignated port of entry on the southern land border. An alien who 
does not enter through a port of entry is subject to deportation 
and removal as otherwise provided in the INA. 
"(B) During the application period as defined in section 
210(aXBXlXB) of the INA any alien * who has filed an applica-
'Copy read " "employment authorized' 
' Copy read "alient". 
101 STAT. 1329-19 
PUBLIC LAW 100-202—DEC. 22, 1987 
tion for adjustment of status within the United States as pro-
vided in section 210(bXl)(A) pursuant to the provision of 8 CFR 
section 210. l(j) is subject to paragraph (2) of this subsection. 
^ "(C) A preliminary application is defined as a fully completed 
and signed application with fee and photographs which contains 
specific information concerning the performance of qualifying 
employment in the United States and the documentary evi-
dence which the applicant intends to submit as proof of such 
employment. The applicant must be otherwise admissible to the 
United States and must establish to the satisfaction of the 
examining officer during an interview that his or her claim to 
eligibility for special agriculture worker status is credible.". 
This title may be cited as the "Department of Justice Appropria-
tion Act, 1988". 
Department of 
TITLE III—DEPARTMENT OF STATE 
State 
Appropriation 
. 
T-I 
» 
Act, 1988. 
ADMINISTRATION OF FOREIGN AFFAIRS 
SALARIES AND EXPENSES 
Notwithstanding sections 110 and 122 of H.R. 1777 (the Foreign 
Relations Authorization Act, fiscal years 1988 and 1989) ® for nec-
essary expenses of the Department of State and the Foreign Service, 
not otherwise provided for, including obligations of the United 
States abroad pursuant to treaties, international agreements, and 
binational contracts (including obligations assumed in Germany on 
or after June 5, 1945), expenses authorized by section 9 of the Act of 
August 31, 1964, as amended (31 U.S.C. 3721), and section 2 of the 
State Department Basic Authorities Act of 1956, as amended (22 
U.S.C. 2669); telecommunications; expenses necessary to provide 
maximum physical security in Government-owned and leased prop-
erties and vehicles abroad, including not to exceed $7,000,000 for 
counterterrorism research and development; permanent representa-
tion to certain international organizations in which the United 
States participates pursuant to treaties, conventions, or specific Acts 
of Congress; acquisition by exchange or purchase of vehicles as 
authorized by law, except that special requirement vehicles may be 
purchased without regard to any price limitation otherwise estab-
lished by law; $1,694,000,000: Provided, That none of these funds 
shall be available for the Office of Public Diplomacy for Latin 
America and the Caribbean. 
REPRESENTATION ALLOWANCES 
Notwithstanding section 15(a) of the State Department Basic 
Authorities Act of 1956, for representation allowances as authorized 
by section 905 of the Foreign Service Act of 1980, as amended (22 
U.S.C. 4085), and for representation by United States missions to the 
United 
Nations and the Organization 
of American 
States, 
$4,500,000. 
•
> Copy read "(C)". 
•Copy read "1989 for". 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-20 
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 to provide for the 
protection of foreign missions in accordance with the provisions of 3 
U.S.C. 208, $9,000,000. 
ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD 
For necessary expenses for carrying out the Foreign Service Build-
ings Act of 1926, as amended (22 U.S.C. 292-300), $313,100,000, to 
remain available until expended: Provided, That the funds appro-
priated in this paragraph shall be available subject to the approval 
of the House and Senate Committees on Appropriations under said 
Committees' policies concerning the reprogramming of funds con-
tained in House Report 100-182: Provided further, That none of the 
funds appropriated in this paragraph shall be available for acquisi-
tion of furniture and furnishings and generators for other depart-
ments 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), $4,000,000, 
to remain available until expended. 
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN 
Notwithstanding section 15(a) of the State Department Basic 
Authorities Act of 1956, for necessary expenses to carry out the 
Taiwan Relations Act, Public Law 96-8 (93 Stat. 14), $11,000,000. 
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND 
For payment to the Foreign Service Retirement and Disability 
Fund, as authorized by law, $86,000,000. 
INTERNATIONAL ORGANIZATIONS AND CONFERENCES 
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 
Notwithstanding section 102(a) (1) through (11) of H.R. 1777 (the 22 USC 269a 
Foreign Relations Authorization Act, fiscal years 1988 and 1989), for "
o
<
^
^ 
expenses, not otherwise provided for, necessary to meet annual 
obligations of membership in international multilateral organiza-
tions, pursuant to treaties, conventions, or specific Acts of Congress, 
$480,000,000, to remain available until expended: Provided, That 
none of the ifunds 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. 
101 STAT. 1329-21 
PUBLIC LAW 100-202—DEC. 22, 1987 
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES 
For payments, not otherwise provided for, by the United States for 
expenses of the United Nations peacekeeping forces, $29,400,000. 
INTERNATIONAL CONFERENCES AND CONTINGENCIES 
For necessary expenses authorized by section 5 of the State 
Department Basic Authorities Act of 1956, contributions for the 
United States share of general expenses of international organiza-
tions and representation to such organizations, and personal serv-
ices without regard to civil service and classification 
laws, 
$6,000,000, to remain available until expended, of which not to 
exceed $200,000 may be expended for representation as authorized 
by law. 
INTERNATIONAL COMMISSIONS 
22 use 269a 
For necessary expenses, not otherwise provided for, to meet 
note. 
obligations of the United States arising under treaties, conventions, 
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 
United States and Mexico International Boundary and Water 
Commission, and to comply with laws applicable to the United 
States Section; and leasing of private property to remove therefrom 
sand, gravel, stone, and other materials, without regard to section 
3709 of the Revised Statutes, as amended (41 U.S.C. 5); as follows: 
SALARIES AND EXPENSES 
For salaries and expenses, not otherwise provided for, including 
preliminary surveys, operation and maintenance of the interceptor 
system to be constructed to intercept sewage flows from Tijuana and 
from selected canyon areas as currently planned, and the operation 
and maintenance upon completion of the proposed Environmental 
Protection Agency and Corps of Engineers pipeline and plant project 
to capture Tijuana sewage flows in the event of a major breakdown 
in Mexico's conveyance system, $10,261,000: Provided, That expendi-
tures for the Rio Grande bank protection project shall be subject to 
the provisions and conditions contained in the appropriation for said 
project as provided by the Act approved April 25, 1945 (59 Stat. 89): 
Provided further, That the Anzalduas diversion dam shall not be 
operated for irrigation or water supply purposes in the United 
States unless suitable arrangements have been made with the 
prospective water users for repayment to the Government of such 
portions of the cost of said dam as shall have been allocated to such 
purposes by the Secretary of State: Provided further. That not to 
exceed $500,000 of the amount appropriated in this paragraph shall 
be available to reimburse the city of San Diego, in the State of 
California, for expenses incurred in treating domestic sewage re-
ceived from the city of Tijuana, in the State of Baja California, 
Mexico. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-22 
CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For detailed plan preparation and construction of authorized 
projects, including the Rio Grande Rectification Improvement 
project, to remain available until expended, $3,166,000: Provided, 
That activities for the New River project may be financed from 
these funds or from carryover balances under the heading, "Inter-
national Boundary and Water Commission, United States and 
Mexico, Construction". 
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS 
Notwithstanding section 15(a) of the State Department Basic 
Authorities Act of 1956 for necessary expenses, not otherwise pro-
vided for, including not to exceed $6,000 for representation, 
$4,316,000; for the International Joint Commission, including sala-
ries and expenses of the Commissioners on the part of the United 
States who shall serve at the pleasure of the President; salaries of 
employees appointed by the Commissioners on the part of the 
United States with the approval solely of the Secretary of State; 
travel expenses and compensation of witnesses; and the Inter-
national Boundary Commission, for necessary expenses, not other-
wise provided for, including expenses required by awards to the 
Alaskan Boundary Tribunal and existing treaties between the 
United States and Canada or Great Britain. 
INTERNATIONAL FISHERIES COMMISSIONS 
For necessary expenses for international fisheries commissions, 
not otherwise provided for, $10,548,000: Provided, That the United 
States share of such expenses may be advanced to the respective 
commissions. 
OTHER 
UNITED STATES BILATERAL SCIENCE AND TECHNOLOGY AGREEMENTS 
For expenses, not otherwise provided for, to enable the United 
States to participate in programs of scientific and technological 
cooperation with Yugoslavia, $1,900,000, to remain available until 
expended. 
PAYMENT TO THE ASIA FOUNDATION 
For a grant to the Asia Foundation, $13,700,000, to remain avail-
able until expended. 
SOVIET-EAST EUROPEAN RESEARCH AND TRAINING 
For expenses not otherwise provided to enable the Secretary of 
State to reimburse private firms and American institutions of 
higher education for research contracts and graduate training for 
development and maintenance of knowledge about the Soviet Union 
and Eastern European countries, $4,600,000. 
101 STAT. 1329-23 
PUBLIC LAW 100-202—DEC. 22, 1987 
FISHERMEN S GUARANTY FUND 
22 u s e 4851 
note. 
For expenses necessary to carry out the provisions of section 7 of 
the Fishermen's Protective Act of 1967, as amended, $1,725,000 to be 
derived from the receipts collected pursuant to that Act, to remain 
available until expended. 
FISHERMEN'S PROTECTIVE FUND 
For expenses necessary to carry out the provisions of the Fisher-
men's Protective Act of 1967, as amended, $959,000, to remain 
available until expended. 
GENERAL PROVISIONS—DEPARTMENT OF STATE 
SEC. 301. Funds appropriated under this title shall be available, 
except as otherwise provided, for allowances and differentisils as 
authorized by subchapter "
^ 59 of 5 U.S.C; for services as authorized 
by 5 U.S.C. 3109; and hire of passenger or freight transportation. 
Reports. ^^ 
SEC. 302. The Secretary of State shall report to the appropriate 
committees of the Congress on the obligation of funds provided for 
diplomatic security and related expenses every month beginning 
January 1,1988. 
22 use 276 note. 
SEC. 303. There is hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, a total of $290,000 for each 
fiscal year to carry out (in accordance with the respective authoriza-
tion amounts) paragraph (2) of the first section of Public Law 74-
170, section 2(2) of Public Law 84-689, section 2 of Public Law 86-42, 
and section 2 of Public Law 86-420. These funds may be disbursed to 
each delegation, pursuant to vouchers in accordance with the ap-
plicable provisions of law, at any time requested by the Chairman of 
the delegation after that fiscal year begins. Section 2 of Public Law 
22 use 1928b. 
84-689 is amended by striking out "annually," and inserting in lieu 
thereof "annually (1)", by striking out "$50,000, $25,000" and insert-
ing in lieu thereof "(2) $100,000, $50,000", and by striking out "and 
$25,000" and inserting in lieu thereof "and $50,000". 
SEC. 304. The Secretary of State shall not permit the Soviet Union 
to occupy the new chancery building at its new embassy complex in 
Washington D.C. or any other new facility in the Washington, D.C. 
metropolitan area, until a new chancery building is ready for occu-
pancy for the United States embassy in Moscow: Provided, That 
none of the funds appropriated in this Act or any prior Act may be 
obligated for the new office building in Moscow except for engineer-
ing and technic£d studies prior to October 1,1988. 
22 use 1461 
SEC. 305. The following sections of H.R. 1777 (the Foreign Rela-
note, 2656 note. 
tions Authorization Act, Fiscal Years 1988 and 1989) are waived 
during Fiscal Years 1988 and 1989 in the event that H.R. 1777 is 
enacted into law: Sec. 122, Sec. 151, and Sec. 204. 
This title may be cited as the "Department of State Appropriation 
Act, 1988". 
"* Copy read "subchapters". 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-24 
TITLE IV—THE JUDICIARY 
The Judiciary 
Appropriation 
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, includ-
ing purchase, or hire, driving, maintenance and operation of an 
automobile for the Chief Justice and not to exceed $10,000 for the 
purpose of transporting Associate Justices, hire of passenger motor 
vehicles; not to exceed $10,000 for official reception and representa-
tion expenses; and for miscellaneous expenses, to be expended as the 
Chief Justice may approve; $15,247,000. 
CARE OF THE BUILDING AND GROUNDS 
For such expenditures as may be necessary to enable the Ar-
chitect of the Capitol to carry out the duties imposed upon him by 
the Act approved May 7, 1934 (40 U.S.C. 13a-13b), including 
improvements, maintenance, repairs, equipment, supplies, mate-
rials, and appurtenances; special clothing for workmen; and per-
sonal and other services (including temporary labor without regard 
to the Classification and Retirement Acts, as amended), and for 
snow removal by hire of men and equipment or under contract, and 
for security installations both without compliance with section 3709 
of the Revised Statutes, as amended (41 U.S.C. 5); $2,110,000, of 
which $75,000 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 all necessary expenses of the court, $7,430,000. 
UNITED STATES COURT OF INTERNATIONAL TRADE 
SALARIES AND EXPENSES 
For salaries of the chief judge and eight judges; salaries of the 
officers and employees of the court; services as authorized by 5 
U.S.C. 3109; and necessary expenses of the court, including ex-
change of books and traveling expenses, as may be approved by the 
court; $7,768,000: Provided, That travel expenses of judges of the 
Court of International Trade shall be paid upon written certificate 
of the judge. 
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL 
SERVICES 
SALARIES AND EXPENSES 
For the salaries of circuit and district judges (including judges of 
the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the 
Claims Court, bankruptcy judges, magistrates, and all other officers 
and employees of the Federal Judiciary not otherwise specifically 
provided for, and all necessary expenses of the courts, including the 
101 STAT. 1329-25 
PUBLIC LAW 100-202—DEC. 22, 1987 
purchase of firearms and ammunition, $1,081,447,000: Provided, 
That, of the total amount appropriated, $500,000 is to remain avail-
able until expended for acquisition of books, periodicals, and 
newspapers, and all other legal reference materials, including 
subscriptions: Provided further. That the number of staff attorneys 
to be appointed in each of the courts of appeals shall not exceed the 
ratio of one attorney for each authorized judgeship, exclusive of the 
seven attorneys assigned preargument conference duties: Provided 
further, That such sums as may be available in the fund established 
pursuant to 28 U.S.C. 1931 may be credited to this appropriation. 
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 (in 
accordance vfith. Criminal Justice Act maximums) and reimburse-
ment of expenses of attorneys appointed to assist the court in 
criminal cases where the defendant has waived representation by 
counsel, and the compensation of attorneys appointed to represent 
jurors in civil actions for the protection of their employment, as 
authorized by law; $85,100,000 to remain available until expended. 
FEES OF JURORS AND COMMISSIONERS 
For fees and expenses and refreshments of jurors; compensation of 
jury commissioners; and compensation of commissioners appointed 
in condemnation cases pursuant to Rule 71A(h) of the Federal Rules 
of Civil Procedure; $43,135,000, 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, inspec-
tion of packages, directed security patrols, and other similar activi-
ties; $40,853,000, 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, including travel, advertising, hire of a passenger 
motor vehicle, and rent in the District of Columbia and elsewhere, 
$31,167,000, of which an amount not to exceed $5,000 is authorized 
for official reception and representation expenses. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-26 
FEDERAL JUDICIAL CENTER 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Judicial Center, as au-
thorized by Public Law 90-219, $10,548,000. 
UNITED STATES SENTENCING COMMISSION 
SALARIES AND EXPENSES 
For the salaries and expenses necessary to carry out the provi-
sions of chapter 58 of title 28, United States Code, $5,129,000. 
GENERAL PROVISIONS—THE JUDICIARY 
SEC. 401. 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. 402. Appropriations made in this title shall be available for 
salaries and expenses of the Temporary Emergency Court of Ap-
peals authorized by Public Law 92-210 and the Special Court estab-
lished under the Regional Rail Reorganization Act of 1973, Public 
Law 93-236. 
SEC. 403. The position of Trustee Coordinator in the Bankruptcy 
Courts of the United States shall not be limited to persons with 
formal legal training. 
SEC. 404. Notwithstanding any other provision of law, the 
Administrative Office of the United States Courts, or any other 
agency or instrumentality of the United States, is prohibited from 
restricting solely to staff of the Clerks of the United States Bank-
ruptcy Courts the issuance of notices to creditors and other 
interested parties. The Administrative Office shall permit and 
encourage the preparation and mailing of such notices to be per-
formed by or at the expense of the debtors, trustees or such other 
interested parties as the Court may direct and approve. The Director 
of the Administrative Office of the United States Courts shall make 
appropriate provisions for the use of and accounting for any postage 
required pursuant to such directives. The provisions of this para- Termination 
graph shall terminate on October 1, 1988. 
date. 
SEC. 405. Such fees as shall be collected for the preparation and 
mailing of notices in bankruptcy cases as prescribed by the Judicial 
Conference of the United States pursuant to 28 U.S.C. 1930(b) shall 
be deposited to the "Courts of Appeals, District Courts, and Other 
Judicial Services, Salaries and Expenses" appropriation to be used 
for salaries and other expenses incurred in providing these services. 
SEC. 406. Pursuant to section 140 of Public Law 97-92, during 
28 USC 461 note. 
fiscal year 1988, justices and judges of the United States shall 
receive the same percentage increase in salary accorded to employ-
ees paid under the General Schedule (pursuant to 5 U.S.C. 5305). 
SEC. 407. Section 1344(b)(1) of title 31, United States Code, is 
amended by inserting— 
"(2) The Chief Justice and Associate Justices of the Supreme 
Court;" and redesignating subsections (2) and (3) as subsections 
(3) and (4), respectively. 
SEC. 408. (a) Section 153(a) of title 28, United States Code, is 
amended to read as follows: 
101 STAT. 1329-27 
PUBLIC LAW 100-202—DEC. 22, 1987 
Effective date. 
28 u s e 153 note. 
46 u s e app. 
1241h note. 
"(a) Each bankruptcy judge shall serve on a full-time basis and 
shall receive as full compensation for his services, a salary at an 
annual rate that is equal to 92 percent of the salary of a judge of the 
district court of the United States as determined pursuant to section 
135, to be paid at such times as the Judicial Conference of the 
United States determines.". 
(b) Section 634(a) of title 28, United States Code, is amended by 
amending the first sentence to read as follows: 
"(a) Officers appointed under this chapter shall receive, as full 
compensation for their services, salaries to be fixed by the con-
ference pursuant to section 633, at rates for full-time United States 
magistrates up to an annual rate equal to 92 percent of the salary of 
a judge of the district court of the United States, as determined 
f
)ursuant to section 135, and at rates for part-time magistrates of not 
ess than an annual salary of $100, nor more than one-half the 
maximum salary payable to a full-time magistrate.". 
(c) Section 225(C) of the Federal Salary Act of 1967 (2 U.S.C. 356(c)) 
is amended by striking out "and magistrates and" and inserting in 
lieu thereof "except bankruptcy judges, but including". 
(d) This section shall become effective October 1, 1988, and any 
salary affected by the provisions of this section shall be adjusted at 
the beginning of the first applicable pay period commencing on or 
after such date of enactment. 
SEC. 409. Section 603 of title 28, United States Code, is amended by 
striking the second sentence and inserting in lieu thereof the follow-
ing: "The salaries of the Deputy Director and of three additional 
positions shall be ® 
fixed 
by the Director at rates not to exceed the 
annual rate of basic pay for positions at level IV of the Executive 
Schedule under section 5315 of title 5.". 
This title may be cited as "The Judiciary Appropriation Act, 
1988". 
TITLE V—RELATED AGENCIES 
DEPARTMENT OF TRANSPORTATION 
MARITIME ADMINISTRATION 
OPERATING-DIFFERENTIAL SUBSIDIES (UQUIDATION OF CONTRACT 
AUTHORITY) 
For the payment of obligations incurred for operating-differential 
subsidies as authorized by the Merchant Marine Act, 1936, as 
amended, $250,300,000, to remain available until expended. 
OCEAN FREIGHT DIFFERENTIAL 
Such sums as may be necessary for fiscal year 1988 and thereafter 
are hereby appropriated to liquidate debt and pay interest due to 
the Secretary of the Treasury, as required by section 901d, Merchant 
Marine Act, 1936. 
OPERATIONS AND TRAINING 
For necessary expenses of operations and training activities au-
thorized by law, $75,521,000, to remain available until expended: 
Provided, That reimbursements may be made to this appropriation 
* Copy read "shall be be fixed". 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-28 
from receipts to the "Federal Ship Financing Fund" for administra-
tive expenses in support of that program: Provided further, That in 
addition to any amount heretofore appropriated, $10,000,000 of the 
funds appropriated in this paragraph shall be available for the 
activation and conversion costs of a training vessel for the State 
University of New York Maritime College: Provided further, That 
the second sentence of the paragraph under this heading in chapter 
II of title I of the Act of August 22, 1984 (98 Stat. 1372), is amended 
by deleting "preconversion" and inserting in lieu thereof "activation 
and conversion", by inserting a period after the word "expended", 
and by deleting the remainder of the sentence: Provided further. 
That hereafter such training vessel shall be subject to a plan for 
sharing training vessels approved by the Secretary of Transpor-
tation, if such plan is deemed necessary: Provided further. That 
hereafter no funds shall be appropriated for the purchase or 46USCapp. 
construction of training vessels for State maritime academies unless I295c-i. 
a plan for sharing training vessels between State maritime acad-
emies has been approved by the Maritime Administration. 
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 by the Maritime 
Administration for utilities, services, and repairs so furnished or 
made shall be credited to the appropriation charged with the cost 
thereof: Provided, That rental payments under any such lease, 
contract, or occupancy on account of items other than such utilities, 
services or repairs shall be covered into the Treasury as miscellane-
ous receipts. 
No obligations shall be incurred during the current fiscal year 
from the construction fund established by the Merchant Marine 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. 
ARMS CONTROL AND DISARMAMENT AGENCY 
ARMS CONTROL AND DISARMAMENT ACTIVITIES 
For necessary expenses, not otherwise provided for, for arms 
control and disarmament activities, including not to exceed $48,000 
for official reception and representation expenses, authorized by the 
Act of September 26, 1961, as amended (22 U.S.C. 2551 et seq.), 
$30,100,000 of which $2,600,000 shall be transferred to the Depart-
ment of Energy for the Reduced Enrichment in Research and Test 
Reactor Program. 
BOARD FOR INTERNATIONAL BROADCASTING 
GRANTS AND EXPENSES 
For expenses of the Board for International Broadcasting, includ-
ing grants to RFE/RL, Inc., $185,000,000, of which $20,000,000, to 
remain available until expended, shall become available for expendi-
101 STAT. 1329-29 
PUBLIC LAW 100-202—DEC. 22, 1987 
ture on October 1, 1988, and of which not to exceed $52,000 may be 
made available for official reception and representation expenses. 
ISRAEL RADIO RELAY STATION 
There is hereby appropriated the sum of $34,000,000, to remain 
available until expended, to the Board for International Broadcast-
ing for the purpose of making and overseeing grants to Radio Free 
Europe/Radio Liberty, Incorporated, and its subsidiaries and of 
making payments as necessary in order to begin implementation of 
the agreement signed on June 18, 1987, between the United States 
Government and the Government of Israel to establish and operate 
a radio relay station in Israel for use by Radio Free Europe/Radio 
Liberty and the Voice of America. 
CHRISTOPHER COLUMBUS QUINCENTENARY JUBILEE COMMISSION 
SALARIES AND EXPENSES 
For the necessary expenses of the Christopher 
Columbus 
Quincentenary Jubilee Commission, $212,000, to remain available 
until November 15,1992. 
COMMISSION ON THE BICENTENNIAL OF THE UNITED STATES 
CONSTITUTION 
SALARIES AND EXPENSES 
For necessary expenses of the Commission on the Bicentennial of 
the United States Constitution authorized by Public Law 98-101 (97 
Stat. 719-723), $16,000,000 to remain available until expended, of 
which $6,250,000 is for carrying out the provisions of Public Law 
99-194, including $2,850,000 for implementation of the National 
Bicentennial Competition on the Constitution and the Bill of Rights 
and $3,400,000 for educational programs about the Constitution and 
the Bill of Rights below the university level as authorized by such 
Act, and in addition, $1,000,000 to remain available until expended, 
is provided for a grant to the National Trust for Historic Preserva-
tion for the purpose of making urgently needed repairs necessary to 
preserve James Madison's Montpelier from the threat of destruction 
by fire and structural deterioration, and provide for necessary 
public health and safety, and in addition, $1,000,000 is provided for a 
grant to the We The People 200 Committee: Provided, That not to 
exceed a total of $1,250,000 from appropriations provided to the 
Commission on the Bicentennial of the United States Constitution 
for fiscal years 1985 through 1988 is available for educational pro-
grams about the Constitution and the Bill of Rights below the 
university level not provided for elsewhere in this Act: Provided 
20 use 4516 
further. That until the Board of Trustees of the James Madison 
note. 
Memorial Fellowship Foundation is appointed, the Commission on 
the Bicentennial of the United States Constitution is authorized to 
receive, review and certify for payment the applications for grants 
of endowment funds for the establishment of Constitutional Law 
Resource Centers as provided and appropriated under the James 
Madison Memorial Fellowship Act, title VIII, sections 817 and 818, 
Public Law 99-500 and Public Law 99-591; and the authority to 
make grants to carry out an educational program for the Commemo-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-30 
ration of the Bicentennial of the Constitution of the United States 
and the Bill of Rights, enacted under title V, section 501 of Public 
Law 99-194, is amended by (i) striking the period at the end of 
99 Stat. 1346. 
section 501(aX2)(B), inserting a semicolon and the word "and", and 
(ii) adding the following: "(C) is authorized to make grants for the 
establishment of Constitutional Law Resource Centers in accordance 
with the terms of title VIII, sections 817 and 818 of Public Law 
99-500 and Public Law 99-591, and is authorized to make grants to 
two University Centers in accordance with the terms of Amendment 
Numbered 70 of Conference Report 99-236 (Public Law 99-88 [99 
Stat. 305]).": Provided further. That there is hereby appropriated for 
each recipient University Center named in Amendment Numbered 
70 of Conference Report 99-236 (Public Law 99-88 [99 Stat. 305]) an 
additional $1,500,000 to remain available until expended for the 
endowment funds created pursuant to such Act and to be used under 
the same conditions and requirements set forth therein and such 
Bicentennial Commission or Board of Trustees referred to above is 
authorized to receive, review and certify for payment the applica-
tions for said grants. 
COMMISSION ON CIVIL RIGHTS 
SALARIES AND EXPENSES 
For necessary expenses of the Commission on Civil Rights, includ-
ing hire of passenger motor vehicles, $5,707,000, of which $2,000,000 
is for regional offices and $700,000 is for civil rights monitoring 
activities: Provided, That not to exceed $20,000 may be used to 
employ consultants: Provided further. That not to exceed $185,000 
may be used to employ temporary or special needs appointees: 
Provided further. That none of the funds shall be used to employ in 
excess of four full-time individuals under Schedule C of the Excepted 
Service, exclusive of one special assistant for each Commissioner 
whose compensation shall not exceed the equivalent of 150 billable 
days at the daily rate of a level 11 salary under the General 
Schedule: Provided further. That not to exceed $40,000 shall be 
available for new, continuing or modifications of contracts for 
performance of mission-related external services: Provided further. 
That none of the funds shall be used to reimburse Commissioners for 
more than 75 billable days, with the exception of the Chairman who 
is permitted 125 billable days: Provided further. That the General 
Accounting Office shall perform a mid-year audit of the Commission 
to determine compliance with this section and shall report its 
findings to the Appropriations Committees of the Senate and House 
of Representatives by June 1,1988. 
COMMISSION ON SECURITY AND COOPERATION IN EUROPE 
SALARIES AND EXPENSES 
For necessary expenses of the Commission on Security and Co-
operation in Europe, as authorized by Public Law 94-304, $701,000, 
to remain available until expended: Provided, That not to exceed 
$6,000 of such amount shall be available for official reception and 
representation expenses. 
101 STAT. 1329-31 
PUBLIC LAW 100-202—DEC. 22, 1987 
COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRATION AND 
COOPERATIVE ECONOMIC DEVELOPMENT 
SALARIES AND EXPENSES 
I 
For necessary expenses of the Commission for the Study of Inter-
national Migration and Cooperative Economic Development as au-
thorized by title VI of Public Law 99-603, $870,000, to remain 
available until expended. 
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), including services 
as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; not 
to exceed $20,000,000 for payments to State and local enforcement 
agencies for services to the Commission pursuant to title VII of the 
Civil Rights Act, as amended, and sections 6 and 14 of the Age 
Discrimination in Employment Act; $179,812,000: Provided, That the 
final rule regarding unsupervised waivers under the Age Discrimi-
nation in Employment Act, issued by the Commission on August 27, 
1987 (29 CFR sections 1627.16 (c) (l)-(3)), shall not have effect during 
fiscal year 1988: Provided further, That none of the funds may be 
obligated or expended by the Commission to give effect to any policy 
or practice pertaining to unsupervised waivers under the Age 
Discrimination in Employment Act. 
FEDERAL COMMUNICATIONS COMMISSION 
SALARIES A N D EXPENSES 
For necessary expenses of the Federal Communications Commis-
sion, as authorized by law, including uniforms and allowances there-
for, as authorized by law (5 U.S.C. 5901-02); not to exceed $300,000 
for land and structures; not to exceed $300,000 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 ten) and hire of motor vehicles; special counsel fees; and 
services as authorized by 5 U.S.C. 3109; $99,613,000, of which not to 
exceed $300,000 of the foregoing amount shall remain available 
until September 30, 1989, for research and policy studies: Provided, 
That none of the funds appropriated by this Act shall be used to 
repeal, to retroactively apply changes in, or to continue a re-
examination of, the policies of the Federal Communications 
Commission with respect to comparative licensing, distress sales and 
tax certificates granted under 26 U.S.C. 1071, to expand minority 
and women ownership of broadcasting licenses, including those 
established in Statement of Policy on Minority Ownership of Broad-
cast Facilities, 68 F.C.C. 2d 979 and 69 F.C.C. 2d 1591, as amended 52 
R.R. 2d 1313 (1982) and Mid-Florida Television Corp., 60 F.C.C. 2d 
607 Rev. Bd. (1978), which were effective prior to September 12, 
1986, other than to close MM Docket No. 86-484 with a reinstate-
ment of prior policy and a lifting of suspension of any sales, licenses, 
applications, or proceedings, which were suspended pending the 
conclusion of the inquiry: Provided further. That none of the funds 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-32 
appropriated to the Federal Communications Commission by this 
Act may be used to diminish the number of VHF channel assign-
ments reserved for noncommercial educational television stations in 
the Television Table of Assignments (section 73.606 of title 47, Code 
of Federal Regulations): Provided further, That none of the funds 
appropriated by this Act or any other Act may be used to repeal, to 
retroactively apply changes in, or to begin or continue a re-examina-
tion of the rules of the Federal Communications Commission with 
respect to the common ownership of a daily newspaper and a 
television station where the grade A contour of the television station 
encompasses the entire community in which the newspaper is pub-
lished, or to extend the time period of current grants of temporary 
waivers to achieve compliance with such rules: Provided further. 
That no funds appropriated to the Federal Communications 
Commission shall be used prior to March 22, 1988 to accept or grant 
any applications to construct or operate cellular systems in rural 
service areas. 
FEDERAL MARITIME COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Maritime Commission, 
including services as authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles; and uniforms or allowances therefor, as authorized 
by 5 U.S.C. 5901-02; $13,585,000: Provided, That not to exceed $1,500 
shall be available for of^cial reception and representation expenses. 
FEDERAL TRADE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Trade Commission, includ-
ing 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; the sum of $66,243,000: Provided, That the 
funds appropriated in this paragraph are subject to the limitations 
and provisions of sections 10(a) and 10(c) (notwithstanding section 
10(e)), llOt)), 18, and 20 of the Federal Trade Commission Improve-
ments Act of 1980 (Public Law 96-252; 94 Stat. 374). 
INTERNATIONAL TRADE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles and services as au-
thorized by 5 U.S.C. 3109, and not to exceed $2,500 for official 
reception and representation expenses, $34,750,000. 
JAPAN-UNITED STATES FRIENDSHIP COMMISSION 
JAPAN-UNITED STATES FRIENDSHIP TRUST FUND 
For expanses of the Japan-United States Friendship Commission 
as authorized by Public Law 94-118, as amended, from the interest 
earned on the Japan-United States Friendship Trust Fund, 
$1,200,000, to remain available until expended; and an amount of 
101 STAT. 1329-33 
PUBLIC LAW 100-202—DEC. 22, 1987 
Japanese currency not to exceed the equivalent of $1,700,000 based 
on exchange rates at the time of payment of such amounts, to 
remain available until expended: Provided, That not to exceed a 
total of $3,500 of such amounts shall be available for official recep-
tion and representation expenses. 
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, 
$305,500,000 of which $261,294,000 is for basic field programs, 
$7,022,000 is for Native American programs, $9,698,000 is for mi-
grant programs, $1,100,000 is for law school clinics, $1,000,000 is for 
supplemental field programs, $624,000 is for regional training cen-
ters, $7,228,000 is for national support, $7,843,000 is for State sup-
port, $865,000 is for the Clearinghouse, $510,000 is for computer 
assisted legal research regional centers, and $8,316,000 is for Cor-
poration management and administration: Provided, That none of 
the funds appropriated in this paragraph shall be expended for any 
purpose prohibited or limited by or contrary to any of the provisions 
of Public Law 99-180 and section 112 of Public Law 99-190: Provided 
further, That the funds distributed to each grantee funded in fiscal 
year 1988 pursuant to the number of poor people determined by the 
Bureau of the Census to be within its geographical area shall be 
distributed in the following order: 
(1) grants from the Legal Services Corporation and contracts 
entered into with the Legal Services Corporation under section 
1006(a)(1) shall be maintained in fiscal year 1988 at not less 
than 1 per centum more than the annual level at which each 
grantee and contractor was funded in fiscal year 1987 or $8.30 
per poor person within its geographical area under the 1980 
Census, whichever is greater; and 
(2) each such grantee shall be increased by an equal percent-
age of the amount by which such grantee's funding, including 
the increase under the first priority above, falls below $14.56 
per poor person within its geographical area under the 1980 
census: 
Provided further, That if funds become available because a national 
support center has been defunded or denied refunding pursuant to 
section 1011(2) of the Legal Services Corporation Act, as amended by 
this Act, such funds may be transferred to beisic field programs, to 
be distributed in the manner specified by this paragraph, if the 
Appropriations Committees of both Houses of Congress have been 
notified pursuant to section 608 of this Act: Provided further, That 
the Corporation shall utilize the same formula for distribution of 
fiscal year 1988 migrant funds as was used in fiscal year 1987: 
Provided further. That none of the funds appropriated by this Act or 
prior Acts may be used by an officer, board member, employee or 
consultant of the Corporation to implement or enforce provisions in 
the regulation regarding legislative and administrative advocacy 
and training (Part 1612, 52 FR 28434 (July 29, 1987)) which impose 
restrictions on private funds received by a recipient for the provision 
of legal assistance except to the extent that such restrictions are 
explicitly authorized by sections 1007 (aX5), ObXe), (bX7), and 1010(c) 
of the LSC Act: Provided further, That the Corporation shall not 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-34 
impose requirements on governing bodies of recipients that are 
additional to, or more restrictive than, the provisions of Public Law 
99-180 and section 1007(c) of the Legal Services ^ Corporation Act 
including, but not limited to (1) the procedures of appointment, 
including the political affiliation and the length of terms of, board 
members and (2) the size, quorum requirements, and committee 
operations of such governing bodies. 
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, $953,000. 
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, $15,229,000, of which $1,000,000 shall remain available 
until expended: Provided, That not to exceed $69,000 shall be avail-
able for official reception and representation expenses. 
SECURITIES AND EXCHANGE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Securities and Exchange Commis-
sion, including services as authorized by 5 U.S.C. 3109, and not to 
exceed $9,000 for official reception and representation expenses, 
$135,221,000, of which not to exceed $10,000 may be used toward 
funding a permanent secretariat for the International Association of 
Securities Commissioners. 
SMALL BUSINESS ADMINISTRATION 
^ 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses, not otherwise provided for, of the Small 
Business Administration, including hire of passenger motor vehicles 
and not to exceed $2,500 for official reception and representation 
expenses $175,832,000; and for grants for performance in fiscal year 
1988 or fiscal year 1989 for Small Business Development Centers as 
authorized by section 21(a) of the Small Business Act, as amended, 
$40,000,000: Provided, That not more than $350,000 of this amount 
shall be made available to pay the expenses of the National Small 
Business Development Center Advisory Board and to reimburse 
centers for participating in evaluations as provided in section 2(Ka) 
of such Act, and to maintain a clearinghouse as provided in section 
21(gX2) of such Act: Provided further. That none of the funds 
appropriated or made available by this Act or otherwise appro-
• Copy read "Legal Service". 
101 STAT. 1329-35 
PUBLIC LAW 100-202—DEC. 22, 1987 
priated or made available to the Small Business Administration 
shall be used to adopt, implement, or enforce any rule or regulation 
with respect to the Small Business Development Center program 
authorized by section 21 of the Small Business Act, as amended (15 
U.S.C. 648) nor may any of such funds be used to impose any 
restrictions, conditions or limitations on such program whether by 
standard operating procedure, audit guidelines or otherwise, unless 
such restrictions, conditions or limitations were in effect on October 
1, 1987, unless specifically approved by the Committees on Appro-
priations under reprogramming procedures; nor may any of such 
funds be used to restrict in any way the right of association of 
participants in such program: Provided further, That the staffing 
levels at the Small Business Administration District Office, Clarks-
burg, West Virginia and the Small Business Administration Branch 
Office, Charleston, West Virginia, shall be maintained at the same 
levels that were in place as of August 30, 1987. In addition, 
$88,228,000 for disaster loan-making activities, including loan servic-
ing, shall be transferred to this appropriation from the "Disaster 
Loan Fund". 
None of the funds made available under this joint resolution or 
any subsequent appropriations Act for fiscal year 1988 for the Small 
Business Administration shall be used to promulgate final regula-
tions adjusting numerical size standards as required by section 921 
(f) and (h) of Public Law 99-661 and section 921 (f) and (h) of Public 
Law 99-591 prior to May 31, 1988. 
, _ ^ . ,
^
^
^
, 
REVOLVING FUNDS 
The Small Business Administration is hereby authorized to make 
such expenditures, within the limits of funds and borrowing author-
ity available to its revolving funds, and in accord with the 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 carry-
ing out the programs set forth in the budget for the current fiscal 
year for the "Disaster Loan Fund", the "Business Loan and Invest-
ment Fund", the "Lease Guarantees Revolving Fund", the "Pollu-
tion Control Equipment Contract Guarantees Revolving Fund", and 
the "Surety Bond Guarantees Revolving Fund". 
BUSINESS LOAN AND INVESTMENT FUND 
For additional capital for the "Business Loan and Investment 
Fund", $91,000,000, to remain available without fiscal year limita-
tion; and for additional capital for new direct loan obligations to be 
incurred by the "Business Loan and Investment Fund", $85,000,000, 
to remain available without fiscal year limitation. 
SURETY BOND GUARANTEES REVOLVING FUND 
For additional capital for the "Surety Bond Guarantees Revolving 
Fund", authorized by the Small Business Investment Act, as 
amended, $9,497,000, to remain available without fiscal year 
limitation. 
-'• •*'•- '.'• -:•:,--:,-->, 
i;r,M, .. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-36 
POLLUTION CONTROL EQUIPMENT CONTRACT 
GUARANTEE REVOLVING FUND 
For additional capital for the "Pollution control equipment con-
tract guarantee revolving fund" authorized by the Small Business 
Investment Act, as amended, $13,656,000, to remain available with-
out fiscal year limitation. 
STATE JUSTICE INSTITUTE 
SALARIES AND EXPENSES 
For necessary expenses of the State Justice Institute, as au-
thorized by Public Law 98-620, $10,980,000, to remain available 
until expended. 
UNITED STATES INFORMATION AGENCY 
SALARIES A N D EXPENSES 
For expenses, not otherwise provided for, necessary to enable the 
United States Information Agency, as authorized by Reorganization 
Plan No. 2 of 1977, the Mutual Educational and Cultural Exchange 
Act of 1961, as amended (22 U.S.C. 2451 et seq.), and the United 
States Information and Educational Exchange Act of 1948, as 
amended (22 U.S.C. 1431 et seq.), to carry out international commu-
nication, educational and cultural activities, including employment, 
without regard to civil service and classification laws, of persons on 
a temporary basis (not to exceed $270,000, of which $250,000 is to 
facilitate United States participation in international expositions 
abroad); expenses authorized by the Foreign Service Act of 1980 (22 
U.S.C. 3901 et seq.), living quarters as authorized by 5 U.S.C. 5912, 
and allowances as authorized by 5 U.S.C. 5921-5928 and 22 U.S.C 
287e-1; and entertainment, including official receptions, within the 
United States, not to exceed $20,000; $620,347,000, none of which 
shall be restricted from use for the purposes appropriated herein 
and of which $36,900,000 shall be available for the Television and 
Film Service: Provided, That not to exceed $1,070,000 may be used 
for representation abroad: Provided further, That not to exceed 
$14,557,000 of the amounts allocated by the United States Informa-
tion Agency to carry out section 102(aX3) of the Mutual Educational 
and Cultural Exchange Act, as amended (22 U.S.C. 2452(a)(3)), shall 
remain available until expended: Provided further, That not to 
exceed $500,000 shall remain available until expended, for expenses 
(including those authorized by the Foreign Service Act of 1980) and 
equipment necessary for maintenance and operation of such data 
processing and administrative services as the Director determines 
may be performed advantageously and more economically as central 
services: Provided further. That not to exceed $3,650,000 may be 
credited to this appropriation from fees or other payments received 
from or in connection with English teaching, library, motion pic-
ture, and television programs as authorized by section 810 of the 
United States Information and Educational Exchange Act of 1948, 
as amended: Provided further, That the funds appropriated by this 
paragraph shall be available notwithstanding sections 201(2) and 
204 of H.R. 1777 (the Foreign Relations Authorization Act, fiscal 
years 1988 and 1989) whenever it or alternative authorization legis-
101 STAT. 1329-37 
PUBLIC LAW 100-202—DEC. 22, 1987 
lation is enacted and notwithstanding section 701 of the United 
States Information and Educational Exchange Act of 1948, as 
amended. 
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS 
Notwithstanding section 301(a) (1) through (7) of H.R. 1777 (the 
Foreign Relations Authorization Act, fiscal years 1988 and 1989), for 
expenses of Fulbright, International Visitor, Humphrey Fellowship 
and Congress-Bundestag Exchange Programs, as authorized by Re-
organization Plan No. 2 of 1977 and the Mutual Educational and 
Cultural Exchange Act, as amended (22 U.S.C. 2451 et seq.), 
$142,310,000: Provided, That not less than $540,000 shall be made 
available to the Institute for Representative Government for a pilot 
program for exchanges of persons and other exchange-related activi-
ties with legislators and legislatures of developing democracies: 
Provided further, That not less than $2,000,000 shall be made avail-
able for a grant to the Oregon Historical Society to assist in the 
establishment of the North Pacific Research Center in Portland, 
Oregon. For the Private Sector Exchange Programs, $7,730,000 of 
which $500,000 shall be available only for the Seattle Goodwill 
Games Organizing Committee for Cultural Exchange and other 
exchange-related activities associated with the 1990 Goodwill Games 
to be held in Seattle, Washington. 
RADIO BROADCASTING TO CUBA 
For an additional amount, necessary to enable the United States 
Information Agency to carry out the Radio Broadcasting to Cuba 
Act (providing for the Radio Marti program or Cuba Service of the 
Voice of America), including the purchase, rent, construction, and 
improvement of facilities for radio transmission and reception and 
purchase and installation of necessary equipment for radio trans-
mission and reception, $12,759,000, to remain available until ex-
pended, of which not to exceed $100,000 shall be available for the 
Advisory Board on Radio Broadcasting to Cuba for a feasibility 
study on television broadcasting to Cuba. 
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, by 
grant to any appropriate recipient in the State of Hawaii, 
$20,000,000: Provided, That none of the funds appropriated herein 
shall be used to pay any salary, or to enter into any contract 
providing for the payment thereof, in excess of the highest rate 
authorized in the General Schedule of the Clsissification Act of 1949, 
as amended. 
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, $16,875,000. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-38 
ADMINISTRATIVE PROVISION—UNITED STATES INFORMATION AGENCY 
The United States Information Agency and the Voice of America 
shall pursue all relevant information relating to the availability of 
transmitters and antennas, spare parts, and other technical equip-
ment to determine whether such items can be procured at reason-
able prices and in a timely manner under all 
foreseeable 
circumstances. The agency and the Voice of America shall purchase 
American-manufactured equipment and materials to the fullest 
extent reasonably possible under the law in carrying out the facili-
ties modernization program. This provision shall apply to all funds 
which are obligated for the facilities modernization program during 
fiscal year 1988. Where a foreign bidder receives any governmental 
subsidy, the price bid of each foreign bidder shall be increased by the 
amount of that subsidy as determined by the Department of Com-
merce for purposes of this procurement. 
GENERAL PROVISIONS—RELATED AGENCIES 
Funds appropriated to the United States Information Agency for 
radio construction and to the Board for International Broadcasting 
for facility modernization, including for both agencies balances 
available from prior years, may be transferred between the two 
agencies to meet priority broadcasting facility improvement needs 
as mutually agreed to by the Director of the United States Informa-
tion Agency and the Chairman of the Board for International 
Broadcasting: Provided, That such transfers will be subject to the 
approval of the Committees on Appropriations of the House of 
Representatives and the United States Senate pursuant to the 
reprogramming provisions of section 608 of this Act. 
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 expendi-
tures are a matter of public record and available for public inspec-
tion, 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 such provision to 
persons or circumstances other than those as to which it is held 
invalid shall not be affected thereby. 
SEC. 605. None of the funds appropriated in titles II and V of this 
Act may be used for any activity to alter the per se prohibition on 
resale price maintenance in effect under Federal antitrust laws: 
Provided, That nothing in this provision shall prohibit any employee 
of a department or agency for which funds are provided in titles II 
and V of this Act from presenting testimony on this matter before 
appropriate committees of the House and Senate. 
101 STAT. 1329-39 
PUBLIC LAW 100-202—DEC. 22, 1987 
SEC. 606. None of the funds appropriated by this Act to the Legal 
Services Corporation may be used by the Corporation or any recipi-
ent to participate in any litigation with respect to abortion. 
SEC. 607. No funds appropriated under this Act may be used to 
procure any item or service from a foreign entity which engages, 
directly or indirectly, in activities which, if it were a United States 
person, would violate section 8 of the Export Administration Act of 
1979 (50 U.S.C. Appendix, section 2401 et seq.). »° 
SEC. 608. (a) None of the funds provided under 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 func-
tions or activities presently performed by Federal employees; unless 
the Appropriations Committees of both Houses of Congress are 
notified fifteen days in advance of such reprogramming of funds. 
0>) None of the funds provided under this Act shall be available 
for obligation or expenditure for activities, programs, or projects 
through a reprogramming of funds in excess of $250,000 or 10 per 
centum, whichever is less, that: (1) augments existing programs, 
projects, or activities; (2) reduces by 10 per centum funding for any 
existing program, project, or activity, or numbers of personnel by 10 
per centum 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 
fifteen 
days in advance of such 
reprogramming of funds. 
SEC. 609. No funds appropriated under this Act may be used to sell 
direct loans which are held by the Small Business Administration or 
any loan guaranty or debenture guaranty made by the Small Busi-
ness Administration under the authority contained in the Small 
Business Investment Act of 1958, and which was held by the Federal 
Financing Bank on September 30,1987. 
SEC. 610. (a) Unless specifically permitted by subsequently enacted 
legislation, none of the funds appropriated or made available by this 
Act to the Small Business Administration may be used— 
(1) to impose a user fee in connection with a Small Business 
Administration program or service for which no user fee was in 
effect on September 1,1987, or 
(2) to increase a user fee which was in effect in connection 
with such a program or service on such date. 
Cuban Political 
Prisoners and 
Immigrants. 
8 u s e 1201 note. 
8 u s e 1201 note. 
TITLE VII—CUBAN POLITICAL PRISONERS AND 
IMMIGRANTS 
SEC. 701. This title may be cited as "Cuban Political Prisoners and 
Immigrants". 
SEC. 702. (a) PROCESSING OF CERTAIN CUBAN POUTICAL PRISONERS 
AS REFUGEES.—In light of the announcement of the Government of 
Cuba on November 20, 1987, that it would reimplement immediately 
the agreement of December 14, 1984, establishing normal migration 
procedures between the United States and Cuba, on and after the 
'" Copy read "et seq.)". 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-40 
date of enactment of this Act, consular officer of the Department of 
State and appropriate officers of the Immigration and Naturaliza-
tion Service shall, in accordance with the procedures applicable to 
such cases in other countries, process any application for admission 
to the United States as a refugee from any Cuban national who was 
imprisoned for political reasons by the Government of Cuba on or 
after January 1, 1959, without regard to the duration of such 
imprisonment, except as may be necessary to reassure the orderly 
process of available applicants. 
(b) PROCESSING OF IMMIGRANT VISA APPLICATIONS OF CUBAN 
NATIONALS IN THIRD COUNTRIES.—Notwithstanding section 212(f) 
and section 243(g) of the Immigration and Nationality Act, on and 
after the date of the enactment of this Act, consular officers of the 
Department of State shall process immigrant visa applications by 
nationals of Cuba located in third countries on the same basis as 
immigrant visa applications by nationals of other countries. 
(c) DEFINITIONS.—For purposes of this section: 
(1) The term "process" means the acceptance and review of 
applications and the preparation of necessary documents and 
the making of appropriate determinations with respect to such 
applications. 
(2) The term "refugee" has the meaning given such term in 
section 101(aX42) of the Immigration and Nationality Act. 
TITLE VIII—INDOCHINESE REFUGEE RESETTLEMENT AND 
PROTECTION ACT OF 1987 
SEC. 801. This title may be cited as the "Indochinese Refugee 
Resettlement and Protection Act of 1987". 
SEC. 802. (a) FINDINGS.—It is the sense of the Congress that— 
(1) the continued occupation of Cambodia by Vietnam and the 
oppressive conditions within Vietnam, Cambodia, and Laos 
have led to a steady flight of persons from those countries, and 
the likelihood for the safe repatriation of the hundreds of 
thousands of refugees in the region's camps is negligible for the 
foreseeable future; 
(2) the United States has already played a major role in 
responding to the Indochinese refugee problem by accepting 
approximately 850,000 Indochinese refugees into the United 
States since 1975 and has a continued interest in persons who 
have fled and continue to flee the countries of Cambodia, Laos, 
and Vietnam; 
(3) Hong Kong, Indonesia, Malaysia, Singapore, the Phil-
ippines, and Thailand have been the front line countries bear-
ing tremendous burdens caused by the flight of these persons; 
(4) all members of the international community bear a share 
of the responsibility for the deterioration in the refugee first 
asylum situation in Southeast Asia because of slow and limited 
procedures, failure to implement effective policies for the re-
gion's "long-stayer" populations, failure to monitor adequately 
refugee protection and screening programs, particularly along 
the Thai-Cambodian and Thai-Laotian borders, and the instabil-
ity of the Orderly Departure Program (ODP) from Vietnam 
which has served as the only safe, legal means of departure 
from Vietnam for refugees, including Amerasians and long-held 
"reeducation camp" prisoners; 
Indochinese 
Refugee 
Resettlement 
and Protection 
Act of 1987. 
101 STAT. 1329-41 
PUBLIC LAW 100-202—DEC. 22, 1987 
(5) the Government of Thailand should be complimented for 
allowing the United States to process ration card holders in 
Khao I Dang and potentially qualified immigrants in Site 2 and 
in Khao I Dang; 
(6) given the serious protection problem in Southeast Asian 
first asylum countries and the need to preserve first asylum in 
the region, the United States should continue its commitment to 
an ongoing, generous admission and protection program for 
Indochinese refugees, including urgently needed educational 
programs for refugees along the Thai-Cambodian and Thai-
Laotian borders, until the underlying causes of refugee flight 
are addressed and resolved; 
(7) the executive branch should seek adequate funding levels 
to meet United States policy objectives to ensure the well-being 
of Indochinese refugees in first asylum, and to process 29,500 
Indochinese refugees within the overall refugee admissions 
level of 68,000 as determined by the President; and 
(8) the Government of Thailand should be complimented for 
the progress that has been made in implementing an effective 
antipiracy program. 
03) RECOMMENDATIONS.—The Congress finds and recommends the 
following with respect to Indochinese refugees: 
(1) The Secretary of State should urge the Government of 
Thailand to allow full access by highland refugees to the Lao 
Screening Program, regardless of the method of their arrival or 
the circumstances of their apprehension, and should intensify 
its efforts to persuade the Government of Laos to accept the safe 
return of persons rejected under the Lao Screening Program. 
(2) Refugee protection and monitoring activities should be 
expanded along the Thai-Laotian border in an effort to identify 
and report on incidents of refugees forcibly repatriated into 
Laos. 
(3) The Secretary of State should urge the Government of 
Thailand to address immediately the problems of protection 
associated with the Khmer along the Thai-Cambodian border. 
The Government of Thailand, along with appropriate inter-
national relief agencies, should develop and implement a plan 
to provide for greater security and protection for the Khmer at 
the Thai border. 
(4) The international community should increase its efforts to 
assure that Indochinese refugee camps are protected, that refu-
gees have access to a free market at Site 2, and that 
international observers and relief personnel are present on a 24-
hour-a-day basis at Site 2 and any other camp where it is 
deemed necessary. 
(5) The Secretary of State should make every effort to identify 
each person at Site 2 who may qualify for admission to the 
United States as an immigrant and for humanitarian parole. 
(6) The United Nations High Commissioner for Refugees 
should be pressed to upgrade staff presence and the level of 
advocacy to revive the international commitment with regard to 
the problems facing Indochinese refugees in the region, and to 
pursue voluntary repatriation possibilities in cases where mon-
itoring is available and the safety of the refugees is assured. 
(c) ALLOCATIONS OF REFUGEE ADMISSIONS.—Given the 
existing 
connection between ongoing resettlement and the preservation of 
first asylum, the United States and the United Nations High 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-42 
Commissioner for Refugees should redouble efforts to assure a stable 
and secure environment for refugees while dialog is pursued on 
other long-range solutions, it is the sense of the Senate that— 
(1) within the worldwide refugee admissions ceiling deter-
mined by the President, the President should allocate— 
(A) at least 28,000 admissions from East Asia, first-
asylum camps, 
(B) at least 8,500 admissions for the Orderly Departure 
Program, for each of the fiscal years 1988, 1989, and 1990; 
and 
(2) within the allocation made by the President for the Or-
derly Departure Program from Vietnam pursuant to paragraph 
(1)(B), admissions allocated in a fiscal year under priorities II 
and III of the program (as defined in the Department of State 
Bureau for Refugee Programs worldwide processing priorities) 
and the number of admissions allocated for A©erasians and 
their immediate family members under priority I, should be 
generous. 
(d) INTERNATIONAL SOLUTIONS TO REFUGEE PROBLEMS.—It is 
the 
sense of the Congress that— 
(1) renewed international efforts must be taken to address the 
problem of Indochinese refugees who have lived in camps for 3 
years or longer; and 
(2) the Secretary of State should urge the United Nations 
High Commissioner for Refugees to organize immediately an 
international conference to address the problems of Indochinese 
refugees. 
SEC. 803. REPORTING REQUIREMENT.—The President shall submit a President of U.S. 
report to Congress within 180 days after the date of the enactment 
of this Act on the respective roles of the Immigration and Natu-
ralization Service and the Department of State in the refugee 
program with recommendations for improving the effectiveness and 
efficiency of the program. 
SEC. 804. FINDINGS AND DECLARATIONS.—The Congress makes the 
following findings and declarations: 
(a) Thousands of children in the Socialist Republic of Vietnam 
were fathered by American civilians and military personnel. 
O
t
>
) It has been reported that many of these Amerasian chil-
dren are ineligible for ration cards and often beg in the streets, 
peddle black market wares, or prostitute themselves. 
(c) The mothers of Amerasian children in Vietnam are not 
eligible for government jobs or employment in government 
enterprises and many are estranged from their families and are 
destitute. 
(d) Amerasian children and their families have undisputed 
ties to the United States and are of particular humaipitarian 
concern to the United States. 
(e) The United States has a longstanding and very strong 
commitment to receive the Amerasian children in Vietnam, if 
they desire to come to the United States. 
91-194 O - 90 -13 : QL.3 Part 2 
101 STAT. 1329-43 
PUBLIC LAW 100-202—DEC. 22, 1987 
Adjustment to 
Lawful Resident 
Status of Certain 
Nationals of 
Countries for 
Which Extended 
Voluntary 
Departure Has 
Been Made 
Available. 
8 u s e 1255a 
note. 
8 u s e 1255a 
note. 
TITLE IX—ADJUSTMENT TO LAWFUL RESIDENT STATUS OF 
CERTAIN 
NATIONALS 
OF 
COUNTRIES 
FOR 
WHICH 
EXTENDED VOLUNTARY DEPARTURE HAS BEEN MADE 
AVAILABLE 
SEC. 901. This title may be cited as "Adjustment to Lawful Resi-
dent Status of Certain Nationals of Countries for Which Extended 
Voluntary Departure Has Been Made Available". 
SEC. 902. (a) ADJUSTMENT OF STATUS.—The status of any alien who 
is a national of a foreign country the nationals of which were 
provided (or allowed to continue in) "extended voluntary departure" 
by the Attorney General on the basis of a nationality group 
determination at any time during the 5-year period ending on 
November 1, 1987, shall be adjusted by the Attorney General to that 
of an alien lawfully admitted for temporary residence if the alien— 
(1) applies for such adjustment within two years after the date 
of the enactment of this Act; 
(2) establishes that (A) the alien entered the United States 
before July 21, 1984, and (B) has resided continuously in the 
United States since such date and through the date of the 
enactment of this Act; 
(3) establishes continuous physical presence in the United 
States (other than brief, casual, and innocent absences) since 
the date of the enactment of this Act; 
(4) in the csise of an alien who entered the United States as a 
nonimmigrant before July 21, 1984, establishes that (A) the 
alien's period of authorized stay as a nonimmigrant expired not 
later than six months after such date through the passage of 
time or (B) the alien applied for asylum before July 21, 1984; 
and 
(5) meets the requirements of section 245A(a)(4) of the 
Immigration and Nationality Act (8 U.S.C. 1255a(a)(4)). 
The Attorney General shall provide for the acceptance and process-
ing of applications under this subsection by not later than 90 days 
after the date of the enactment of this Act. 
(b) STATUS AND ADJUSTMENT OF STATUS.—The provisions of subsec-
tions Ot)), (c)(6), (d), if), (g), (h), and (i) of section 245A of the Immigra-
tion and Nationality Act (8 U.S.C. 1255a) shall apply to aliens 
provided temporary residence under subsection (a) in the same 
manner as they apply to aliens provided lawful temporary residence 
status under section 245A(a) of such Act. 
This Act may be cited as the "Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriation Act, 
1988". 
(b) Such amounts as may be necessary for programs, projects or 
activities provided for in the Department of Defense Appropriations 
Act, 1988, at a rate of operations and to the extent and in the 
manner provided for, the provisions of such Act to be effective as if 
it had been enacted into law as the regular appropriations Act, as 
follows: 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-44 
AN ACT 
Department of 
Defense 
Making appropriations for the Department of Defense for the fiscal year ending 
A^I*'TQQQ^*^°'^^ 
September 30, 1988, and for other purposes. 
^^^' ^^^^• 
TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including 
all expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
bers of the Army on active duty (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets; and for 
payments pursuant to section 156 of Public Law 97-377, as amended 
(42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 
U.S.C. 429(b)), and to the Department of Defense Military Retire-
ment Fund; $23,427,732,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including 
all expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
bers of the Navy on active duty (except members of the Reserve 
provided for elsewhere), midshipmen, and aviation cadets; and for 
payments pursuant to section 156 of Public Law 97-377, as amended 
(42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 
U.S.C. 429(b)), and to the Department of Defense Military Retire-
ment Fund; $17,971,297,000. 
MiUTARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, interest on 
deposite, gratuities, permanent change of station travel (including 
all expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
bers of the Marine Corps on active duty (except members of the 
Reserve provided for elsewhere); and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to 
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the 
Department of Defense Military Retirement Fund; $5,478,266,000. 
MiUTARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, interest on 
deposite, gratuities, permanent change of station travel (including 
all expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
bers of the Air Force on active duty (except members of reserve 
components provided for elsewhere), cadets, and aviation cadets; and 
for pajonente pursuant to section 156 of Public Law 97-377, as 
amended (42 U.S.C. 402 note), to section 229(b) of the Social Security 
101 STAT. 1329-45 
PUBLIC LAW 100-202—DEC. 22, 1987 
Act (42 U.S.C. 429(b)), and to the Department of Defense Military 
Retirement Fund; $19,583,118,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty 
under sections 265, 3021, and 3038 of title 10, United States Code, or 
while serving on active duty under section 672(d) of title 10, United 
States Code, in connection with performing duty specified in section 
678(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and for members of the Reserve Officers' Training Corps, and 
expenses authorized by section 2131 of title 10, United States Code, 
as authorized by law; and for payments to the Department of 
Defense Military Retirement Fund; $2,239,365,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty 
under section 265 of title 10, United States Code, or while serving on 
active duty under section 672(d) of title 10, United States Code, in 
connection with performing duty specified in section 678(a) of title 
10, United States Code, or while undergoing reserve training, or 
while performing drills or equivalent duty, and for members of the 
Reserve Officers' Training Corps, and expenses authorized by sec-
tion 2131 of title 10, United States Code, as authorized by law; and 
for payments to the Department of Defense Military Retirement 
Fund; $1,496,522,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on 
active duty under section 265 of title 10, United States Code, or 
while serving on active duty under section 672(d) of title 10, United 
States Code, in connection with performing duty specified in section 
678(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 2131 of title 10, United States Code, as au-
thorized by law; and for payments to the Department of Defense 
Military Retirement Fund; $292,209,000. 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active 
duty under sections 265, 8021, and 8038 of title 10, United States 
Code, or while serving on active duty under section 672(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 678(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or 
other duty, and for members of the Air Reserve Officers' Training 
Corps, and expenses authorized by section 2131 of title 10, United 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-46 
States Code, as authorized by law; and for payments to the Depart-
ment of Defense Military Retirement Fund; $608,345,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on 
duty under section 265, 3021, or 3496 of title 10 or section 708 of title 
32, United States Code, or while serving on duty under section 672(d) 
of title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 678(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 2131 of title 10, United States Code, as au-
thorized by law; and for payments to the Department of Defense 
Military Retirement Fund; $3,196,386,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty 
under section 265, 8021, or 8496 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 672(d) of 
title 10 or section 502(f) of title 32, United States Code, in connection 
with performing duty specified in section 678(a) of title 10, United 
States Code, or while undergoing training, or while performing 
drills or equivalent duty, or other duty, and expenses authorized by 
section 2131 of title 10, United States Code, £is authorized by law; 
and for payments to the Department of Defense Military Retirement 
Fund; $976,939,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Army, as authorized by law; and not 
to exceed $17,923,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Sec-
retary of the Army, and payments may be made on his certificate of 
necessity for confidential military purposes; $20,853,205,000: Pro-
vided, That of the funds appropriated herein, $150,000 shall be 
available only to reimburse We The People 200, Incorporated, for 
expenses related to the celebration of the Bicentennial of the 
Constitution. 
OPERATION AND MAINTENANCE, NAVY 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $3,886,000 can be used for 
emergencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of the Navy, and payments 
may be made on his certificate of necessity for confidential military 
purposes; $23,601,462,000: Provided, 
That from the amounts of this 
appropriation for the alteration, overhaul and repair of naval ves-
sels and aircraft, funds shall be available to acquire the alteration. 
101 STAT. 1329-47 
PUBLIC LAW 100-202—DEC. 22, 1987 
overhaul and repair by competition between public and private 
shipyards and air rework facilities. The Navy shall certify that 
successful bids include comparable estimates of all direct and in-
direct costs for both public and private shipyards and air rework 
facilities. Competitions shall not be subject to section 502 of the 
Department of Defense Authorization Act, 1981, as amended, section 
307 of the Department of Defense Authorization Act, 1985, or Office 
of Management and Budget Circular A-76: Provided further, That 
funds appropriated or made available in this Act shall be obligated 
and expended to restore the facilities, activities and personnel 
levels, including specifically the medical facilities, activities and 
personnel levels, at the Memphis Naval Complex, Millington, Ten-
nessee, to the fiscal year 1984 levels: Provided further, That in fiscal 
year 1988, of the amounts from this appropriation for the alteration, 
overhaul and repair of naval vessels and aircraft, funds shall be 
available for the performance of the New Threat Upgrade program 
on one such vessel in the Philadelphia Naval Shipyard: Provided 
further. That contracting to private shipyards for the New Threat 
Upgrade overhaul program shall utilize full and open competition 
among shipyards qualified for overhaul work: Provided 
further. 
That not less than $540,000 shall be available only to operate the 
Naval Investigative Service Regional Office in New Orleans, 
Louisiana. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Marine Corps, as authorized by law; 
$1,819,188,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Air Force, as authorized by law; and 
not to exceed $6,775,000 can be used for emergencies and extraor-
dinary expenses, to be expended on the approval or authority of the 
Secretary of the Air Force, and payments may be made on his 
certificate 
of 
necessity 
for 
confidential 
military 
purposes; 
$19,661,448,000, of which $22,000,000 shall be available only to 
operate a C-130E unit at McChord Air Force Base, Washington. 
OPERATION AND MAINTENANCE, DEFENSE AGENCIES 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by 
law; $7,112,951,000, of which not to exceed $10,789,000 can be used 
for emergencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of Defense, and payments 
may be made on his certificate of necessity for confidential military 
purposes: Provided, That $900,000 is available to the Office of Eco-
nomic Adjustment for making community planning assistance 
grants pursuant to section 2391 of title 10, United States Code, and 
joint community/military planning assistance grants for mitigation 
of operational impacts from encroachment: Provided further. That 
of the amounts appropriated herein, $53,375 shall be available only 
to operate the procurement outreach center in North Platte, Ne-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-48 
braska: Provided further, That $100,000 shall be made available for 
pa)Tnent to the National Academy of Sciences for participation in 
the "Study of the Impact of National Security Controls on Inter-
national Technology Transfer": Provided further. That $9,000,000 
shall be made available to the General Services Administration for 
carrying out the provisions of section 2 under the heading "National 
Defense Stockpile Transaction Fund" as set forth in section lOl(m) 
of this joint resolution. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $857,540,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $929,896,000. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications; $69,500,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications; $1,000,981,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and 
related expenses in non-Federal hospitals; maintenance, operation, 
and repairs to structures and facilities; hire of passenger motor 
vehicles; personnel services in the National Guard Bureau; travel 
expenses (other than mileage), as authorized by law for Army 
personnel on active duty, for Army National Guard division, regi-
mental, and battalion commanders while inspecting units in compli-
ance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau; suppl3dng and 
equipping the Army National Guard as authorized by law; and 
101 STAT. 1329-49 
PUBLIC LAW 100-202—DEC. 22, 1987 
expenses of repair, modification, maintenance, and issue of supplies 
and equipment (including aircraft); $1,856,542,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For operation and maintenance of the Air National Guard, 
including medical and hospital treatment and related expenses in 
non-Federal hospitals; maintenance, operation, repair, and other 
necessary expenses of facilities for the training and administration 
of the Air National Guard, including repair of facilities, mainte-
nance, operation, and modification of aircraft; transportation of 
things; hire of passenger motor vehicles; supplies, materials, and 
equipment, as authorized by law for the Air National Guard; and 
expenses incident to the maintenance and use of supplies, materials, 
and equipment, including such as may be furnished from stocks 
under the control of agencies of the Department of Defense; travel 
expenses (other than mileage) on the same basis as authorized by 
law for Air National Guard personnel on active Federal duty, for 
Air National Guard commanders while inspecting units in compli-
ance with National Guard regulations when specifically authorized 
by the Chief, National Guard Bureau; $1,958,063,000. 
NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, ARMY 
For the necessary expenses and personnel services (other than pay 
and non-travel related allowances of members of the Armed Forces 
of the United States, except for members of the Reserve components 
thereof called or ordered to active duty to provide support for the 
national matches) in accordance with law, for construction, equip-
ment, and maintenance of rifle ranges; the instruction of citizens in 
marksmanship; the promotion of rifle practice; the conduct of the 
national matches; the issuance of ammunition under the authority 
of title 10, United States Code, sections 4308 and 4311; the travel of 
rifle teams, military personnel, and individuals attending regional, 
national, and international competitions; and the payment to 
competitors at national matches under section 4312 of title 10, 
United States Code, of subsistence and travel allowances in excess of 
the amounts provided under section 4313 of title 10, United States 
Code; not to exceed $4,099,000, of which not to exceed $7,500 shall be 
available for incidental expenses of the National Board. 
CLAIMS, DEFENSE 
For payment, not otherwise provided for, of claims authorized by 
law to be paid by the Department of Defense (except for civil 
functions), including claims for damages arising under training 
contracts with carriers, and repayment of amounts determined by 
the Secretary concerned, or officers designated by him, to have been 
erroneously collected from military and civilian personnel of the 
Department of Defense, or from States, territories, or the District of 
Columbia, or members of the National Guard units thereof; 
$193,574,000. 
COURT OF MIUTARY APPEALS, DEFENSE 
For salaries and expenses necessary for the United States Court of 
Military Appeals; $3,241,000, and not to exceed $1,500 can be used 
for official representation purposes. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-50 
ENVIRONMENTAL RESTORATION, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense; $402,800,000, to remain available 
until transferred: Provided, That the Secretary of Defense shall, 
upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous waste, research 
and development associated with hazardous wastes and removal of 
unsafe buildings and debris of the Department of Defense, or for 
similar purposes (including programs and operations at sites for-
merly used by the Department of Defense), transfer the funds made 
available by this appropriation to other appropriations made avail-
able to the Department of Defense as the Secretary may designate, 
to be merged with and to be available for the same purposes and for 
the same time period as the appropriations of funds to which 
transferred: Provided further. That upon a determination that all or 
part of the funds transferred pursuant to this provision are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation. 
HUMANITARIAN ASSISTANCE 
For transportation for humanitarian relief for refugees of 
Afghanistan, acquisition and shipment of transportation assets to 
assist in the distribution of such relief, and for transportation and 
distribution of humanitarian and excess nonlethal supplies for 
worldwide humanitarian relief, as authorized by law; $13,000,000, to 
remain available for obligation until September 30, 1989: Provided, 
That the Department of Defense shall notify the Committees on 
Appropriations and Armed Services of the Senate and House of 
Representatives 21 days prior to the shipment of humanitarian 
relief which is intended to be transported and distributed to coun-
tries not previously authorized by Congress. 
TITLE III 
^ 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes; $2,718,406,000, to remain avail-
able for obligation until September 30,1990. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
101 STAT. 1329-51 
PUBLIC LAW 100-202—DEC. 22, 1987 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes; $2,332,237,000, to remain avail-
able for obligation until September 30, 1990: Provided, That funds 
may be obligated and expended for procurement and advance 
procurement of the Forward Area Air Defense System, Line-of-Sight 
Forward-Heavy system without regard to the restrictions contained 
in section 111(d) of the National Defense Authorization Act for fiscal 
years 1988 and 1989 (Public Law 100-180): Provided further. That 
with regard to programs, projects and activities funded by this 
appropriation, provisions of the National Defense Authorization Act 
for fiscal years 1988 and 1989 (Public Law 100-180) which provide 
that funds appropriated pursuant to such Act shall be available only 
for specific programs, projects and activities in specific dollar 
amounts shall be effective, except as follows: 
Army Tactical Missile System, $9,125,000. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY 
For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, includ-
ing the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein may be acquired, and construction pros-
ecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the 
foregoing purposes; $3,207,187,000, to remain available for obligation 
until September 30,1990. 
PROCUREMENT OF AMMUNITION, ARMY 
,_^ 
For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized in military construction authoriza-
tion Acts or authorized by section 2854, title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the 
foregoing purposes; $2,273,592,000, to remain available for obligation 
until September 30,1990. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-52 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification of 
vehicles, including tactical, support, and nontracked combat ve-
hicles; the purchase of not to exceed 861 passenger motor vehicles, of 
which 398 shall be for replacement only; communications and elec-
tronic equipment; other support equipment; spare parts, ordnance, 
and accessories therefor; specialized equipment and training devices; 
expansion of public and private plants, including the land necessary 
therefor, for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior 
to approval of title; and procurement and installation of equipment, 
appliances, and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes; as follows: 
Tactical and support vehicles, $844,921,000; 
Communications and electronics equipment, $3,177,739,000; 
Other support equipment, $1,070,889,000; 
In all: $5,093,549,000, to remain available for obligation until 
September 30, 1990: Provided, That $24,300,000 available from the 
fiscal year 1986 Other Procurement, Army appropriation for light 
division field artillery tactical data systems shall be obligated for 
procurement of seven LFATDS sets for seven light divisions by 
April 1, 1988. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare 
parts, and accessories therefor; specialized equipment; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; $9,522,299,000, to remain available for 
obligation until September 30, 1990: Provided, That with regard to 
programs, projects and activities funded by this appropriation, 
provisions of the National Defense Authorization Act for fiscal years 
1988 and 1989 (Public Law 100-180) which provide that funds appro-
priated pursuant to such Act shall be available only for specific 
programs, projects and activities in specific dollar amounts shall be 
effective, except as follows: 
A-6E Program, $0; 
EA-6B Program, $479,413,000; 
F-14 A/D Program, $734,289,000; 
F/A-18 Program, $2,388,710,000; 
SH-60B Program, $125,000,000; 
SH-60F Program, $294,346,000; 
Long Range ASW Capable Aircraft Program, $0; 
E-2C Program, $380,195,000; 
A-6E Modification Series, $219,478,000; 
H-53 Modification Series, $22,737,000; 
H-2 Modification Series, $55,000,000; 
P-3 Modification Series, $136,865,000; 
S-3 Modification Series, $74,772,000; 
ES-3 Modification Series, $80,000,000; 
E-2 Modification Series, $39,639,000; 
Common ECM equipment, $16,708,000: 
101 STAT. 1329-53 
PUBLIC LAW 100-202—DEC. 22, 1987 
Provided further, That notwithstanding section 111(e) of the Na-
tional Defense Authorization Act for fiscal years 1988 and 1989 
(Public Law 100-180) $609,917,000 is available for the procurement 
of 12 A-6F aircraft. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interest therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway, as follows: 
Poseidon, $181,000; 
TRIDENT I, $6,986,000; 
TRIDENT II, $2,041,331,000; 
Support equipment and facilities, $194,000; 
Tomahawk, $847,336,000; 
AIM/RIM-7 F/M Sparrow, $79,000,000; 
AIM-9L/M Sidewinder, $25,833,000; 
AIM-54A/C Phoenix, $343,596,000; 
AGM-84A Harpoon, $142,660,000; 
AGM-88A HARM, $187,128,000; 
SM-2 MR, $583,098,000; 
RAM, $44,931,000; 
Stinger, $17,765,000; 
Sidearm, $25,381,000; 
Hellfire, $44,154,000; 
Laser Maverick, $263,200,000; 
IIR Maverick, $60,000,000; 
Penguin, $3,455,000; 
Aerial targets, $104,104,000; 
Drones and decoys, $24,767,000; 
Other missile support, $19,157,000; 
Modification of missiles, $15,513,000; 
Support equipment and facilities, $152,407,000; 
Ordnance support equipment, $218,436,000; 
MK-48 ADCAP torpedo program, $243,444,000; 
MK-50 advance lightweight torpedo program, $108,402,000; 
MK-30 mobile target program, $31,495,000; 
Antisubmarine rocket (ASROC) program, $9,522,000; 
Modification of torpedoes, $42,190,000; 
Torpedo support equipment program, $53,986,000; 
MK-15 close-in weapons system program, $28,023,000; 
25mm gun mount, $4,091,000; 
Small arms and weapons, $9,568,000; 
Modification of guns and gun mounts, $57,589,000; 
Guns 
and 
gun 
mounts 
support 
equipment 
program, 
$1,068,000; 
Spares and repair parts, $127,028,000; 
In all: $5,967,019,000, to remain available for obligation until 
September 30, 1990: Provided, That none of the funds provided 
herein may be used for a multiyear procurement contract of the 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-54 
Harpoon missile system: Provided further. That with regard to 
programs, projects and activities funded by this appropriation, 
provisions of the National Defense Authorization Act for fiscal years 
1988 and 1989 (Public Law 100-180) which provide that funds appro-
priated pursuant to such Act shall be available only for specific 
programs, projects and activities in specific dollar amounts shall be 
effective, except as follows: 
Trident II missile, $2,041,331,000. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools 
and installation thereof in public and private plants; reserve plant 
and 
Government 
and 
contractor-owned 
equipment 
layaway; 
procurement of critical, long leadtime components and designs for 
vessels to be constructed or converted in the future; and expansion 
of public and private plants, including land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title, as follows: 
TRIDENT 
ballistic 
missile 
submarine 
program, 
$1,260,800,000; 
CVN nuclear aircraft carrier program, $6,325,000,000; 
SSN-688 attack submarine program, $1,676,900,000; 
SSN-21 attack submarine program, $257,600,000; 
Aircraft carrier service life extension program, $729,755,000; 
CG-47 cruiser program, $4,127,000,000; 
DDG-51 destroyer program, $5,500,000: Provided, That con-
tracts awarded for any DDG-51 class destroyers in fiscal year 
1989 shall be made on the basis of a full and open competition 
among all technically qualified bidders regardless of prior 
contractual experience for construction of DDG-51 destroyers. 
More than two shipyards may not be utilized for this purpose 
unless the Secretary of the Navy certifies that the Five Year 
Defense Plan is sufficient to support cost effective construction 
at more than two shipyards; 
LHD-1 amphibious assault ship program, $752,900,000; 
LSD-41 cargo variant ship program, $258,000,000; 
T-AO fleet oiler program, $256,400,000; 
AO conversion program, $44,100,000; 
Strategic sealift program, $43,400,000; 
T-ACS auxiliary crane ship program, $53,100,000; 
LCAC landing craft air cushion program, $36,500,000; 
For craft, outfitting, and post delivery, $328,400,000; 
In all: $16,155,355,000, to remain available for obligation until 
September 30, 1992: Provided, That additional obligations may be 
incurred after September 30, 1992, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed 
in the final stage of ship construction; and each Shipbuilding and 
Conversion, Navy, appropriation that is currently available for such 
obligations may also hereafter be so obligated after the date of its 
expiration: Provided further. That none of the funds herein provided 
for the construction or conversion of any naval vessel to be con-
structed in shipyards in the United States shall be expended in 
foreign shipyards for the construction of major components of the 
hull or superstructure of such vessel: Provided further. That none of 
101 STAT. 1329-55 
PUBLIC LAW 100-202—DEC. 22, 1987 
the funds herein provided shall be used for the construction of any 
naval vessel in foreign shipyards. 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of support equip-
ment and materials not otherwise provided for, Navy ordnance and 
ammunition (except ordnance for new aircraft, new ships, and ships 
authorized for conversion); the purchase of not to exceed 861 pas-
senger motor vehicles of which 717 shall be for replacement only; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway, as follows: 
Ship support equipment, $812,891,000; 
Communications and electronics equipment, $1,656,886,000; 
Aviation support equipment, $674,615,000; 
Ordnance support equipment, $829,037,000; 
Civ] 
neering support equipment, $94,215,000; 
Sup 
pport equipment, $109,194,000; 
Personnel and command support equipment, $416,823,000; 
Spares and repair parts, $278,800,000; 
In all: $4,872,461,000, to remain available for obligation until 
September 30, 1990. 
COASTAL DEFENSE AUGMENTATION 
For the augmentation of United States Coast Guard inventories to 
meet national security requirements; $20,000,000, to remain avail-
able until expended: Provided, That these funds shall be for the 
procurement by the Department of Defense of vessels, aircraft, and 
equipment and for modernization of existing Coast Guard assets, 
which assets are to be made available to the Coast Guard for 
operation and maintenance. 
: 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, ammunition, military equip-
ment, spare parts, and accessories therefor; plant equipment, appli-
ances, and machine tools, and installation thereof in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; vehicles for the Marine Corps, including pur-
chase of not to exceed 153 passenger motor vehicles for replacement 
only; and expansion of public and private plants, including land 
necessary therefor, and such lands and interests therein, may be 
acquired and construction prosecuted thereon prior to approval of 
title; $1,295,599,000, to remain available for obligation until Septem-
ber 30,1990. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion of public and private 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-56 
plants, Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things; $12,956,827,000, 
to remain available for obligation until September 30, 1990: Pro-
vided, That none of the funds available to the Air Force may be 
obligated on B-IB bomber production contracts if such contracts 
would 
cause 
the 
production 
portion 
of 
the 
Air 
Force's 
$20,500,000,000 estimate for the B-IB bomber baseline costs ex-
pressed in fiscal year 1981 constant dollars to be exceeded. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts 
and accessories therefor, ground handling equipment, and training 
devices; expansion of public and private plants. Government-owned 
equipment and installation thereof in such plants, erection of struc-
tures, and acquisition of land, for the foregoing purposes, and such 
lands and interests therein, may be acquired and construction pros-
ecuted thereon prior to approval of title; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes including rents and transpor-
tation of things; $7,290,771,000, to remain available for obligation 
until September 30,1990. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground 
electronic and communication equipment), and supplies, materials, 
and spare parts therefor, not otherwise provided for; for the pur-
chase of not to exceed 1,313 passenger motor vehicles of which 1,260 
shall be for replacement only; and expansion of public and private 
plants. Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon, prior to approval of 
title; reserve plant and Government and contractor-owned equip-
ment layaway, as follows: 
Munitions and associated equipment, $603,331,000; 
Vehicular equipment, $232,830,000; 
Electronics and telecommunications equipment, including 
$36,100,000 to complete procurement of relay nodes (towers) for 
the Ground Wave Emergency Network Program, $1,937,906,000; 
Other 
base 
maintenance 
and 
support 
equipment, 
$5,236,760,000; 
In all: $8,010,827,000, to remain avedlable for obligation until 
September 30,1990. 
101 STAT. 1329-57 
PUBLIC LAW 100-202—DEC. 22, 1987 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces, as follows: 
Army Reserve, $85,000,000; 
Navy Reserve, $258,800,000; 
Marine Corps Reserve, $40,000,000; 
Air Force Reserve, $202,100,000; 
Army National Guard, $273,100,000; 
Air National Guard, $341,000,000; 
In all: $1,200,000,000, to remain available for obligation until 
September 30, 1990: Provided, That notwithstanding section 11203) 
of the National Defense Authorization Act for fiscal years 1988 and 
1989 (Public Law 100-180) $193,800,000 is available only for the 
procurement of six P-3 aircraft. 
PROCUREMENT, DEFENSE AGENCIES 
-
For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of not to exceed 535 passenger motor vehicles of which 524 
shall be for replacement only; expansion of public and private 
plants, equipment, and installation thereof in such plants, erection 
of structures, and acquisition of land for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant and 
Government 
and 
contractor-owned 
equipment 
layaway; 
$1,266,263,000, to remain available for obligation until September 
30,1990. 
DEFENSE PRODUCTION ACT PURCHASES 
For purchases or commitments to purchase metals, minerals, or 
other materials by the Department of Defense pursuant to section 
303 of the Defense Production Act of 1950, as amended (50 U.S.C. 
App. 2093); $13,000,000, to remain available for obligation until 
September 30,1990. 
TITLE IV 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, ARMY 
For expenses necessary for bsisic and applied scientific research, 
development, test, and evaluation, including maintenance, re-
habilitation, lease, and operation of facilities and equipment, as 
authorized by law; $4,687,513,000, to remain available for obligation 
until September 30, 1989: Provided, That $3,500,000 shall be avail-
able £is a one-time appropriation to conduct nutrition research 
activities at the Pennington Biomedical Research Center: Provided 
further. That none of the funds provided by this Act for the fiscal 
year 1988 support of the AFATDS program office shall be available 
for obligation beyond April 1,1988 unless the LFATDS procurement 
contract has been executed: Provided further. That with regard to 
programs, projects and activities funded by this appropriation. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-58 
provisions of the National Defense Authorization Act for fiscal years 
1988 and 1989 (Public Law 100-180) which provide that funds appro-
priated pursuant to such Act shall be available only for specific 
programs, projects and activities in specific dollar amounts shall be 
effective, except as follows: 
Army Tactical Missile System, $102,208,000; 
Electronic Warfare Programs, $85,000,000. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific research, 
development, test, and evaluation, including maintenance, re-
habilitation, lease, and operation of facilities and equipment, as 
authorized by law; $9,493,546,000, to remain available for obligation 
until September 30, 1989: Provided, That $112,899,000 shall be made 
available only for the Advanced Submarine Technology Program as 
described in section 211 of the National Defense Authorization Act 
for fiscal years 1988 and 1989 (Public Law 100-180) and not less than 
$90,000,000 of this amount is to be allocated to development of hull, 
mechanical, electrical, and non-nuclear propulsion systems: Pro-
vided further, That funds made available for the SSN-21 Combat 
System shall not be obligated or expended except for a system 
design which incorporates at least four units of the Enhanced 
Modular Signal Processor: Provided further. That $1,800,000 shall be 
made available for personnel and other expenses for the Institute 
for Technology Development, as a grant, for the National Center for 
Physical Acoustics: Provided further. That notwithstanding section 
203(a) of the National Defense Authorization Act for fiscal years 
1988 and 1989 (Public Law 100-180), $111,023,000 of funds provided 
in this section may be obligated or expended for the purpose of 
configuring the A-6 aircraft in the F model configuration: Provided 
further. That with regard to programs, projects and activities funded 
by this appropriation, provisions of the National Defense Authoriza-
tion Act for fiscal years 1988 and 1989 (Public Law 100-180) which 
provide that funds appropriated pursuant to such Act shall be 
available only for specific programs, projects and activities in spe-
cific dollar amounts shall be effective, except as follows: Trident II, 
$1,050,463,000; Electronic Warfare Programs, $198,691,000: Provided 
further, That not less than $2,100,000 shall be available only for the 
National Bone Marrow Donor Registry and of that amount, $200,000 
shall be available only to integrate independent bone marrow donor 
centers into the National Registry. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, AIR FORCE 
For expenses necessary for basic and applied scientific research, 
development, test, and evaluation, including maintenance, re-
habilitation, lease, and operation of facilities and equipment, as 
authorized by law; $15,002,095,000, to remain available for obliga-
tion until September 30, 1989: Provided, That $91,500,000 of funds 
made available for the National Aerospace Plane (NASP) Program 
may not be obligated or expended until the Secretary of Defense 
certifies that the Department of Defense and the National Aero-
nautics and Space Administration (NASA) have negotiated revised 
funding arrangements for NASP development which significantly 
increase NASA investment as a percentage of total NASP research, 
development, test and evaluation costs: Provided further, That with 
101 STAT. 1329-59 
PUBLIC LAW 100-202—DEC. 22, 1987 
regard to programs, projects and activities funded by this appropria-
tion, provisions of the National Defense Authorization Act for fiscal 
years 1988 and 1989 (Public Law 100-180) which provide that funds 
appropriated pursuant to such Act shall be available only for spe-
cific programs, projects and activities in specific dollar amounts 
shall be effective, except as follows: 
Pave Tiger, $0; 
Industrial Preparedness, $85,000,000; 
Electronic Warfare Programs, $179,800,000. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE 
AGENCIES 
(INCLUDING TRANSFER OF FUNDS) 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic 
and applied scientific research, development, test, and evaluation; 
advanced research projects as may be designated and determined by 
the Secretary of Defense, pursuant to law; maintenance, rehabilita-
tion, lease, and operation of facilities and equipment, as authorized 
by law; $7,631,825,000, to remain available for obligation until 
September 30, 1989: Provided, That such amounts as may be deter-
mined by the Secretary of Defense to have been available in other 
appropriations available to the Department of Defense during the 
current fiscal year or the following fiscal year, as appropriate, for 
programs related to advanced research may be transferred to and 
merged with either of the foregoing appropriations, as appropriate, 
to be available for the same purposes and time period as the 
appropriation to which transferred: Provided further, That during 
their period of availability, such amounts of the foregoing appropria-
tions as may be determined by the Secretary of Defense may be 
transferred to carry out the purposes of advanced research to those 
appropriations for military functions under the Department of De-
fense which are being utilized for related programs to be merged 
with and to be available for the same time period as the appropria-
tion to which transferred: Provided further, That $285,000,000 shall 
be made available only for the Defense Mapping Agency Exploi-
tation Modernization Program: Provided further. That of the total 
amount available for obligation, $15,000,000 shall be made available 
only for the X-Ray Lithography Program: Provided further. That of 
the total amount available for obligation, $16,500,000 shall be made 
available through the Office of the Under Secretary of Defense for 
Acquisition only for bioenvironmental hazards research activities at 
universities, for associated facilities, and for other related purposes: 
Provided further, That of the total amount available for obligation, 
$7,000,000 shall be made available, as a grant, only for development 
of an engineering, sciences, and technology center to promote de-
fense industry involvement in manpower training and education, for 
associated facilities, and for related purposes: Provided further. That 
of the total amount available for obligation, $5,000,000 is available 
only to complete a program begun in fiscal year 1986 for developing 
advanced semiconductor materials and devices, and to establish a 
program in parallel processing computing technology at that institu-
tion: Provided further. That of the total amount available for obliga-
tion, $25,000,000 shall be made available, as a grant, only to support 
a program of advanced compound and other semiconductor re-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-60 
search, and related materials research at university centers of 
excellence for design and test of semiconductors, micro fabrication 
techniques (microfabritech/MARTECH), and materials technologies 
sciences (microfabritech/MARTECH): Provided further. That of the 
total amount available for obligation for the Strategic Technology 
Program, $19,040,000 shall be made available only for an innovative 
manufacturing technology initiative in the Strategic Computing 
/ 
Program of the Defense Advanced Research Projects Agency, of 
/ 
which $13,000,000 shall be made available only for the Concurrent 
/ 
Design and Assembly Science and Technology Program: Provided 
further. 
That of the total amount available for obligation, 
/ 
$10,000,000 shall be made available only for a proposed Center for 
Compound Semiconductor Technology, at a major Department of 
Energy national weapons laboratory with a demonstrated expertise 
in both silicon and compound semiconductor microelectronics and 
possessing a state-of-the-art clean room and crystal growth facilities, 
to perform the materials processing and instrumentation studies 
necessary to develop compound semiconductor technology for high-
speed optoelectronics: Provided further. That not more than 14 
percent of funds made available in this Act for the University 
Research Initiative Program may be obligated or expended within 
any one State: Provided further. That of the total amount available 
for the Strategic Defense Initiative, not less than $150,000,000 may 
be obligated or expended only for the Advanced Launch System 
(ALS) Program under Air Force management, and that of the funds 
made available for the ALS Program, not less than $70,000,000 shall 
be transferred to the National Aeronautics and Space Administra-
tion only for ALS propulsion activities: Provided further, That the 
funds appropriated by this Act for any activities associated directly 
or indirectly with the Advanced Launch System or any ALS variant 
shall be subject to the terms and conditions of section 5 of chapter II 
of title I of Public Law 100-71 (Supplemental Appropriations Act, 
1987): Provided further. That of the amount available for obligation, 
$25,000,000 is available only for the Joint Standoff Weapons Pro-
gram and may not be obligated or expended until the Secretary of 
Defense reports to the Committees on Appropriations of the Senate 
and the House of Representatives which standoff weapons will be 
supported with the available funds: Provided further, That of the 
amount available for obligation, $50,291,000 is available only for the 
Joint Remotely Piloted Vehicles (RPV) Program and may not be 
obligated or expended until the Secretary of Defense submits to the 
Committees on Appropriations of the Senate and House of Rep-
resentatives an updated RPV Master Plan fully explaining his 
decisions as to which RPVs will be supported with the available 
funds, and assessing the cooperation by the military services with 
efforts to coordinate RPV programs and to eliminate duplication 
within and among these programs: Provided further, That none of 
the funds provided for the activities of the Semiconductor Manufac-
turing Technology consortium known as "SEMATECH" may be 
obligated or expended until the Secretary of Defense has entered 
into a memorandum of understanding with SEMATECH governing 
the use of such funds for research, development, test, and evaluation 
activities in the field of semiconductor manufacturing technology, 
and the Secretary of Defense submits, no later than March 31, 1988, 
a report to the Committees on Appropriations of the Senate and 
House of Representatives containing a copy of this memorandum: 
Provided further. That with regard to progrgmis, projects and activi-
101 STAT. 1329-61 
PUBLIC LAW 100-202—DEC. 22, 1987 
ties funded by this appropriation, provisions of the National Defense 
Authorization Act for fiscal years 1988 and 1989 (Public Law 100-
180) which provide that funds appropriated pursuant to such Act 
shall be available only for specific programs, projects and activities 
in specific dollar amounts shall be effective, except as follows: 
LightSat, $35,000,000; 
University Research Initiatives, $85,000,000; 
Bioenvironmental Hazards Research, $16,500,000; 
High Temperature Superconductivity, $15,000,000. 
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, of independent activities 
of the Deputy Under Secretary of Defense, Developmental Test and 
Evaluation in the direction and supervision of developmental test 
and evaluation, including performance of joint developmental test-
ing and evaluation; and administrative expenses in connection 
therewith; $182,116,000, to remain available for obligation until 
September 30, 1989. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evalua-
tion in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is 
conducted prior to, and in support of, production decisions; joint 
operational testing and evaluation; and administrative expenses in 
connection therewith; $70,221,000, to remain available for obligation 
until September 30,1989. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
ARMY STOCK FUND 
For the Army stock fund; $193,207,000. 
NAVY STOCK FUND 
For the Navy stock fund; $329,400,000. 
AIR FORCE STOCK FUND 
For the Air Force stock fund; $226,007,000. 
DEFENSE STOCK FUND 
For the Defense stock fund; $132,600,000. 
TITLE VI 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE 
For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 of 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-62 
the Department of Defense Authorization Act, 1986; $198,500,000, of 
which $97,000,000 shall remain available for obligation until 
September 30, 1988, $4,900,000 shall remain available for obligation 
until September 30, 1989, and $96,600,000 shall remain available for 
obligation until September 30, 1990. 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
SYSTEM FUND 
For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain proper funding level for 
continuing the operation of the Central Intelligence Agency Retire-
ment and Disability System; $134,700,000. 
INTELLIGENCE COMMUNITY STAFF 
For necessary expenses of the Intelligence Community Staff; 
$23,057,000. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. 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. 8002. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress. 
SEC. 8003. During the current fiscal year, the Secretary of Defense 
and the Secretaries of the Army, Navy, and Air Force, respectively, 
if they should deem it advantageous to the national defense, and if 
in their opinions the existing facilities of the Department of Defense 
are inadequate, are authorized to procure services in accordance 
with section 3109 of title 5, United States Code, under regulations 
prescribed by the Secretary of Defense, and to pay in connection 
therewith travel expenses of individuals, including actual transpor-
tation and per diem in lieu of subsistence while traveling from their 
homes or places of business to official duty stations and return as 
may be authorized by law: Provided, That such contracts may be 
renewed annually. 
SEC. 8004. During the current fiscal year, provisions of law lo USC1584 
prohibiting the payment of compensation to, or employment of, any note. 
person not a citizen of the United States shall not apply to personnel 
of the Department of Defense. 
SEC. 8005. The Secretary of Defense and each purchasing and 
contracting agency of the Department of Defense shall assist Amer-
ican small and minority-owned business to participate equitably in 
the furnishing of commodities and services financed with funds 
appropriated under this Act by increasing, to an optimum level, the 
101 STAT. 1329-63 
PUBLIC LAW 100-202—DEC. 22, 1987 
resources and number of personnel jointly assigned to promoting 
both small and minority business involvement in purchases fi-
nanced with funds appropriated herein, and by making available or 
causing to be made available to such businesses, information, as far 
in advance as possible, with respect to purchases proposed to be 
financed with funds appropriated under this Act, and by assisting 
small and minority business concerns to participate equitably as 
subcontractors on contracts financed with funds appropriated 
herein, and by otherwise advocating and providing small and minor-
ity business opportunities to participate in the furnishing of 
commodities and services financed with funds appropriated by this 
Act. 
SEC. 8006. 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. 8007. No part of the appropriations in this Act shall be 
available for any expense of operating aircraft under the jurisdic-
tion of the armed forces for the purpose of proficiency flying, as 
defined in Department of Defense Directive 1340.4, except in accord-
ance with regulations prescribed by the Secretary of Defense. Such 
regulations (1) may not require such flying except that required to 
maintain proficiency in anticipation of a member's assignment to 
combat operations and (2) such flying may not be permitted in cases 
of members who have been assigned to a course of instruction of 
ninety days or more. 
SEC. 8008. No part of any appropriation contained in this Act shall 
be available for expense of transportation, packing, crating, tem-
porary storage, drayage, and unpacking of household goods and 
personal effects in any one shipment having a net weight in excess 
of eighteen thousand pounds. 
SEC. 8009. No more than 20 per centum of the appropriations in 
this Act which are limited for obligation during the current fiscal 
year shall be obligated during the last two months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of civilian components or summer camp 
training of the Reserve Officers' Training Corps, or the National 
Board for the Promotion of Rifle Practice, Army, or to the appro-
priations provided in this Act for Claims, Defense. 
SEC. 8010. During the current fiscal year, the agencies of the 
Department of Defense may accept the use of real property from 
foreign countries for the United States in accordance with mutual 
defense agreements or occupational arrangements and may accept 
services furnished by foreign countries as reciprocal international 
courtesies or as services customarily made available without charge; 
and such agencies may use the same for the support of the United 
States forces in such areas without specific appropriation therefor. 
In addition to the foregoing, agencies of the Department of De-
fense may accept real property, services, and commodities from 
foreign countries for the use of the United States in accordance with 
mutual defense agreements or occupational arrangements and such 
agencies may use the same for the support of the United States 
forces in such areas, without specific appropriations therefor: Pro-
vided, That except as provided in 10 U.S.C. 2690, the foregoing 
authority shall not be available for the conversion of heating plants 
from coal to oil or coal to natural gas at defense facilities in Europe: 
Provided further. That within thirty days after the end of each 
quarter the Secretary of Defense shall render to Congress and to the 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-64 
Office of Management and Budget a full report of such property, 
supplies, and commodities received during such quarter. 
SEC. 8011. No part of any appropriation contained in this Act, 
except for small purchases in amounts not exceeding $10,000 shall 
be available for the procurement of any article or item of food, 
clothing, tents, tarpaulins, covers, cotton and other natural fiber 
products, woven silk or woven silk blends, spun silk yarn for car-
tridge cloth, synthetic fabric or coated synthetic fabric, canvas 
products, or wool (whether in the form of fiber or yarn or contained 
in fabrics, materials, or manufactured articles), or any item of 
individual equipment manufactured from or containing such fibers, 
yarns, fabrics, or materials, or specialty metals including stainless 
steel flatware, or hand or measuring tools, not grown, reprocessed, 
reused, or produced in the United States or its possessions, except to 
the extent that the Secretary of the Department concerned shall 
determine that satisfactory quality and sufficient quantity of any 
articles or items of food, individual equipment, tents, tarpaulins, 
covers, or clothing or any form of cotton or other natural fiber 
products, woven silk and woven silk blends, spun silk yarn for 
cartridge cloth, synthetic fabric or coated synthetic fabric, canvas 
products, wool, or specialty metals including stainless steel flatware, 
grown, reprocessed, reused, or produced in the United States or its 
possessions cannot he procured as and when needed at United States 
market prices and except procurements outside the United States in 
support of combat operations, procurements by vessels in foreign 
waters, and emergency procurements or procurements of perishable 
foods by establishments located outside the United States for the 
personnel attached thereto: Provided, That nothing herein shall 
preclude the procurement of specialty metals or chemical warfare 
protective clothing produced outside the United States or its posses-
sions when such procurement is necessary to comply with agree-
ments with foreign governments requiring the United States to 
purchase supplies from foreign sources for the purposes of offsetting 
sales made by the United States Government or United States firms 
under approved programs serving defense requirements or where 
such procurement is necessary in furtherance of the standardization 
and interoperability of equipment requirements within NATO so 
long as such agreements with foreign governments comply, where 
applicable, with the requirements of section 36 of the Arms Export 
Control Act and with section 2457 of title 10, United States Code: 
Provided further, That nothing herein shall preclude the procure-
ment of foods manufactured or processed in the United States or its 
possessions: Provided further. That no funds herein appropriated 
shall be used for the payment of a price differential on contracts 
hereafter made for the purpose of relieving economic dislocations: 
Provided further. That none of the funds appropriated in this Act 
shall be used except that, so far as practicable, all contracts shall be 
awarded on a formally advertised competitive bid basis to the lowest 
responsible bidder. 
SEC. 8012. During the current fiscal year, appropriations available 
to the Department of Defense for pay of civilian employees shall be 
available for uniforms, or allowances therefor, as authorized by 
section 5901 of title 5, United States Code. 
SEC. 8013. Funds provided in this Act for legislative liaison activi-
ties of the Department of the Army, the Department of the Navy, 
the Department of the Air Force, and the Office of the Secretary of 
Defense shall not exceed $14,362,000 for the current fiscal year: 
101 STAT. 1329-65 
PUBLIC LAW 100-202—DEC. 22, 1987 
Provided, That this amount shall be available for apportionment to 
the Department of the Army, the Department of the Navy, the 
Department of the Air Force, and the Office of the Secretary of 
Defense as determined by the Secretary of Defense: Provided fur-
ther, That costs for military retired pay accrual shall be included 
within this limitation. 
SEC. 8014. Of the funds made available by this Act for the services 
of the Military Airlift Command, $100,000,000 shall be available 
only for procurement of commercial transportation service from 
carriers participating in the civil reserve air fleet program; and the 
Secretary of Defense shall utilize the services of such carriers which 
qualify as small businesses to the fullest extent found practicable: 
Provided, That the Secretary of Defense shall specify in such 
procurement, performance characteristics for aircraft to be used 
based upon modern aircraft operated by the civil reserve air fleet. 
(TRANSFER OF FUNDS) 
SEC. 8015. Upon determination by the Secretary of Defense that 
such action is necessary in the national interest, he may, with the 
approval of the Office of Management and Budget, transfer not to 
exceed $1,500,000,000 of working capital funds of the Department of 
Defense or funds made available in this Act to the Department of 
Defense for military functions (except military construction) be-
tween such appropriations or funds or any subdivision thereof, to be 
merged with and to be available for the same purposes, and for the 
same time period, as the appropriation or fund to which transferred: 
Provided, That such authority to transfer may not be used unless for 
higher priority items, based on unforeseen military requirements, 
than those for which originally appropriated and in no case where 
the item for which funds are requested has been denied by Congress: 
Provided further. That the Secretary of Defense shall notify the 
Congress promptly of all transfers made pursuant to this authority. 
(TRANSFER OF FUNDS) 
SEC. 8016. During the current fiscal year, cash balances in work-
ing capital funds of the Department of Defense established pursuant 
to section 2208 of title 10, United States Code, may be maintained in 
only such amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That transfers may be 
made between such funds in such amounts as may be determined by 
the Secretary of Defense, with the approval of the Office of Manage-
ment and Budget, except that transfers between a stock fund ac-
count and an industrial fund account may not be*made unless the 
Secretary of Defense has notified the Congress of the proposed 
transfer. Except in amounts equal to the amounts appropriated to 
working capital funds in this Act, no obligations may be made 
against a working capital fund to procure war reserve material 
inventory, unless the Secretary of Defense has notified the Congress 
prior to any such obligation. 
SEC. 8017. Except as provided in 10 U.S.C. 2690, none of the funds 
available to the Department of Defense shall be utilized for the 
conversion of heating plants from coal to oil or coal to natural gas at 
defense facilities in Europe. 
SEC. 8018. Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 days 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-66 
in advance to the Committees on Appropriations and Armed Serv-
ices of the Senate and House of Representatives. 
SEC. 8019. No part of the funds in this Act shall be available to 
prepare or present a request to the Committees on Appropriations 
for reprogramming of funds, unless for higher priority items, based 
on unforeseen military requirements, than those for which origi-
nally appropriated and in no case where the item for which 
reprogramming is requested has been denied by the Congress. 
SEC. 8020. None of the funds contained in this Act available for 
the Civilian Health and Medical Program of the Uniformed Services 
under the provisions for section 1079(a) of title 10, United States 
Code, shall be available for reimbursement of any physician or other 
authorized individual provider of medical care in excess of the 
eightieth percentile of the customary charges made for similar 
services in the same locality where the medical care was furnished, 
as determined for physicians in accordance with section 1079(h) of 
title 10, United States Code. 
SEC. 8021. No appropriation contained in this Act may be used to 
pay for the cost of public affairs activities of the Department of 
Defense in excess of $46,951,000: Provided, That costs for military 
retired pay accrual shall be included within this limitation. 
SEC. 8022. None of the funds provided in this Act shall be avail-
able for the planning or execution of programs which utilize 
amounts credited to Department of Defense appropriations or funds 
pursuant to the provisions of section 37(a) of the Arms Export 
Control Act representing payment for the actual value of defense 
articles specified in section 21(aXlXA) of that Act: Provided, That 
such amounts shall be credited to the Special Defense Acquisition 
Fund, as authorized by law, or, to the extent not so credited shall be 
deposited in the Treasury as miscellaneous receipts as provided in 
section 3302(b) of title 31, United States Code. 
SEC. 8023. No appropriation contained in this Act shall be avail-
able to fund any costs of a Senior Reserve Officers' Training Corps 
unit—except to complete training of personnel enrolled in Military 
Science 4—which in its junior year class (Military Science 3) has for 
the four preceding academic years, and as of September 30, 1983, 
enrolled less than (a) seventeen students where the institution 
prescribes a four-year or a combination four- and two-year program; 
or (b) twelve students where the institution prescribes a two-year 
program: Provided, That, notwithstanding the foregoing limitation, 
funds shall be available to maintain one Senior Reserve Officers' 
Training Corps unit in each State and at each State-operated mari-
time academy: Provided further, That units under the consortium 
system shall be considered as a single unit for purposes of evalua-
tion of productivity under this provision: Provided further. That 
enrollment standards contained in Department of Defense Directive 
1215.8 for Senior Reserve Officers' Training Corps units, as revised 
during fiscal year 1981, may be used to determine compliance with 
this provision, in lieu of the standards cited above. 
SEC. 8024. None of the funds appropriated by this Act for pro-
grams of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30,1989. 
SEC. 8025. None of the funds appropriated by this Act may be used 
to support more than 9,901 full-time and 2,603 part-time military 
personnel assigned to or used in the support of Morale, Welfare, and 
101 STAT. 1329-67 
PUBLIC LAW 100-202—DEC. 22, 1987 
Recreation activities as described in Department of Defense Instruc-
tion 7000.12 and its enclosures, dated September 4, 1980. 
SEC. 8026. All obligations incurred in anticipation of the appro-
priations and authority provided in this Act are hereby ratified and 
confirmed if otherwise in accordance with the provisions of this Act. 
SEC. 8027. None of the funds appropriated by this Act or here-
tofore appropriated by any other Act shall be obligated or expended 
for the payment of anticipatory possession compensation claims to 
the Federal Republic of Germany other than claims listed in the 
1973 agreement (commonly referred to as the Global Agreement) 
between the United States and the Federal Republic of Germany. 
SEC. 8028. During the current fiscal year, the Department of 
Defense may enter into contracts to recover indebtedness to the 
United States pursuant to section 3718 of title 31, United States 
Code. 
SEC. 8029. None of the funds appropriated by this Act shall be 
available for a contract for studies, analyses, or consulting services 
entered into without competition on the beisis of an unsolicited 
proposal unless the head of the activity responsible for the procure-
ment determines: 
(a) as a result of thorough technical evaluation, only one 
source is found fully qualified to perform the proposed work, or 
(b) the purpose of the contract is to explore an unsolicited 
proposal which offers significant scientific or technological 
promise, represents the product of original thinking, and was 
submitted in confidence by one source, or 
(c) where the purpose of the contract is to take advantage of 
unique and significant industrial accomplishment by a specific 
concern, or to insure that a new product or idea of a specific 
concern is given financial support: 
Provided, That this limitation shall not apply to contracts in an 
amount of less than $25,000, contracts related to improvements of 
equipment that is in development or production, or contracts as to 
which a civilian official of the Department of Defense, who has been 
confirmed by the Senate, determines that the award of such contract 
is in the interest of the national defense. 
SEC. 8030. None of the funds appropriated by this Act shall be 
available to provide medical care in the United States on an in-
patient basis to foreign military and diplomatic personnel or their 
dependents unless the Department of Defense is reimbursed for the 
costs of providing such care: Provided, That reimbursements for 
medical care covered by this section shall be credited to the appro-
priations against which charges have been made for providing such 
care, except that inpatient medical care may be provided in the 
United States without cost to military personnel and their depend-
ents from a foreign country if comparable care is made available to 
a comparable number of United States military personnel in that 
foreign country. 
SEC. 8031. None of the funds appropriated by this Act shall be 
obligated for the second career training program authorized by 
Public Law 96-347. 
SEC. 8032. None of the funds appropriated or otherwise made 
available in this Act shall be obligated or expended for salaries or 
expenses during the current fiscal year for the purposes of demili-
tarization of surplus nonautomatic firearms less than .50 caliber. 
SEC. 8033. None of the funds provided in this Act shall be avail-
able to initiate (1) a multiyear contract that employs economic order 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-( 
quantity procurement in excess of $20,000,000 in any one year of the 
contract or that includes an unfunded contingent liability in excess 
of $20,000,000, or (2) a contract for advance procurement leading to a 
multiyear contract that employs economic order quantity procure-
ment in excess of $20,000,000 in any one year, unless the Commit-
tees on Appropriations and Armed Services of the Senate and House 
of Representatives have been notified at least thirty days in advance 
of the proposed contract award: Provided, That no part of any 
appropriation contained in this Act shall be available to initiate a 
multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the Government's 
liability: Provided further, That no part of any appropriation con-
tained in this Act shall be available to initiate multiyear procure-
ment contracts for any systems or component thereof if the value of 
the multiyear contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further. That no multiyear procure-
ment contract can be terminated without 10 day prior notification to 
the Committees on Appropriations and Armed Services of the House 
of Representatives and the Senate: Provided further, That the execu-
tion of multiyear authority shall require the use of a present value 
analysis to determine lowest cost compared to an annual procure-
ment. Funds appropriated in title III of this Act may be used for 
multiyear procurement contracts as follows: 
HEMTT (for two years); 
High mobility multipurpose wheeled vehicle; 
HAWK missile system; 
TOW II missile system: Provided, That a multiyear procure-
ment contract shall not be awarded for TOW II until the 
Secretary of Defense has certified to the Congress that a 
multiyear procurement will be more economical than a second 
source acquisition. 
SEC. 8034. None of the funds appropriated by this Act which are 
available for payment of travel allowances for per diem in lieu of 
subsistence to enlisted personnel shall be used to pay such an 
allowance to any enlisted member in an amount that is more than 
the amount of per diem in lieu of subsistence that the enlisted 
member is otherwise entitled to receive minus the basic allowance 
for subsistence, or pro rata portion of such allowance, that the 
enlisted member is entitled to receive during any day, or portion of a 
day, that the enlisted member is also entitled to be paid a per diem 
in lieu of subsistence. 
SEC. 8035. None of the funds appropriated by this Act shall be 
available to approve a request for waiver of the costs otherwise 
required to be recovered under the provisions of section 21(eXlXC) of 
the Arms Export Control Act unless the Committees on Appropria-
tions have been notified in advance of the proposed waiver. 
SEC. 8036. None of the funds in this Act may be used to transfer 
any article of military equipment or data related to the manufac-
ture of such equipment to a foreign country prior to the approval in 
writing of such transfer by the Secretary of the military service 
involved. 
(TRANSFER OF FUNDS) 
SEC. 8037. None of the funds appropriated in this Act may be 
made available through transfer, reprogramming, or other means 
between the Central Intelligence Agency and the Department of 
Defense for any intelligence or special activity different from that 
101 STAT. 1329-69 
PUBLIC LAW 100-202—DEC. 22, 1987 
previously justified to the Congress unless the Director of Central 
Intelligence or the Secretary of Defense has notified the House and 
Senate Appropriations Committees of the intent to make such funds 
available for such activity. 
SEC. 8038. None of the funds available to the Department of 
Defense during the current fiscal year shall be used by the Secretary 
of a military department to purchase coal or coke from foreign 
nations for use at United States defense facilities in Europe when 
coal from the United States is available. 
SEC. 8039. None of the funds appropriated by this Act may be used 
to appoint or compensate more than 39 individuals in the Depart-
ment of Defense in positions in the Executive Schedule (as provided 
in sections 5312-5316 of title 5, United States Code). 
SEC. 8040. Notwithstanding section 213(b) of the Joint Chiefs of 
Staff Reorganization Act of 1985 or any other provision of law, none 
of the funds in this or any other Act may be used to alter the 
command structure for military forces in Alaska. 
SEC. 8041. None of the funds appropriated by this Act shall be 
available to convert a position in support of the Army Reserve, Air 
Force Reserve, Army National Guard, and Air National Guard 
occupied by, or programmed to be occupied by, a (civilian) military 
technician to a position to be held by a person in an active Guard or 
Reserve status if that conversion would reduce the total number of 
positions occupied by, or programmed to be occupied by, (civilian) 
military technicians of the component concerned, below 69,935: 
Provided, That none of the funds appropriated by this Act shall be 
available to support more than 46,890 positions in support of the 
Army Reserve, Army National Guard or Air National Guard occu-
pied by, or programmed to be occupied by, persons in an active 
Guard or Reserve status: Provided further. That none of the funds 
appropriated by this Act may be used to include (civilian) military 
technicians in computing civilian personnel ceilings, including 
statutory or administratively imposed ceilings, on activities in sup-
port of the Army Reserve, Air Force Reserve, Army National Guard 
or Air National Guard. 
10 use 113 note. 
SEC. 8042. No later than April 8, 1988, and not later than April 8 
of each year thereafter, the Secretary of Defense, in consultation 
with the Secretary of Commerce, shall submit to the Committees on 
Appropriations of the Senate and House of Representatives, a report 
detailing: (a) the full cost of stationing United States troops over-
seas, including costs incurred in the United States and overseas in 
connection with such stationing, (b) the overseas costs incurred in 
connection with operating, maintaining, and supporting United 
States troops overseas, including direct and indirect expenditures of 
United States funds in connection with such stationing, and (c) the 
effect of such overseas expenditures on the United States' balance-
of-payments. 
SEC. 8043. (a) The provisions of section 115(bX2) of title 10, United 
States Code, shall not apply with respect to fiscal year 1988 or with 
respect to the appropriation of funds for that year. 
O
b
) During fiscal year 1988, the civilian personnel of the Depart-
ment of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal 
year shall not be subject to any constraint or limitation (known as 
an end-strength) on the number of such personnel who may be 
employed on the last day of such fiscal year. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-70 
SEC. 8044. Notwithstanding any other provision of law, none of the 
funds made available by this Act shall be used by the Department to 
exceed, outside the fifty States of the United States and the District 
of Columbia, 188,496 civilian workyears: Provided, That workyears 
shall be applied as defined in the Federal Personnel Manual Supple-
ment 298-2, Book IV: Provided further, That workyears expended in 
dependent summer hiring programs or hiring programs for dis-
advantaged youth shall not be included in this workyear limitation. 
(TRANSFER OF FUNDS) 
SEC. 8045. Appropriations during the current fiscal year may be 
transferred to appropriations provided in this Act for research, 
development, test, and evaluation to the extent necessary to meet 
increased pay costs authorized by or pursuant to law, to be merged 
with and to be available for the same purposes, and the same time 
period, as the appropriation to which transferred. 
SEC. 8046. Notwithstanding any other provision of law, each con-
tract awarded by the Department of Defense in fiscal year 1988 for 
construction or services performed in whole or in part in a State 
which is not contiguous with another State and has an unemploy-
ment rate in excess of the national average rate of unemployment as 
determined by the Secretary of Labor shall include a provision 
requiring the contractor to employ, for the purpose of performing 
that portion of the contract in such State that is not contiguous with 
another State, individuals who are residents of such State and who, 
in the case of any craft or trade, possess or would be able to acquire 
promptly the necessary skills: Provided, That the Secretary of De-
fense may waive the requirements of this section in the interest of 
national security. 
SEC. 8047. None of the funds appropriated by this or any other Act 
for fiscal year 1988 shall be available to pay the variable housing 
allowance authorized members of the uniformed services under 
section 403a of title 37, United States Code, in a total amount in 
excess of $1,115,261,000 or the amount computed for the current 
fiscal year under section 403a(d) of such title, whichever is less: 
Provided, That any reduction in the rates of the variable housing 
allowance necessitated by the foregoing limitation shall be made as 
provided in section 403a of title 37, United States Code. 
(RESCISSIONS) 
SEC. 8048. (a) The following funds are hereby rescinded from the 
following accounts in the specified amounts: 
Aircraft procurement. Army, 1986/1988, $32,000,000; 
Aircraft procurement. Army, 1987/1989, $29,200,000; 
Missile procurement. Army, 1986/1988, $25,100,000; 
Missile procurement. Army, 1987/1989, $34,100,000; 
Procurement of weapons and tracked combat vehicles, Army, 
1986/1988, $41,700,000; 
Procurement of weapons and tracked combat vehicles, Army, 
1987/1989, $72,000,000; 
Procurement of ammunition. Army, 1987/1989, $7,200,000; 
Other procurement. Army, 1986/1988, $41,300,000; 
Other procurement. Army, 1987/1989, $65,593,000; 
Aircraft procurement. Navy, 1986/1988, $156,400,000; 
Aircraft procurement. Navy, 1987/1989, $261,900,000; 
101 STAT. 1329-71 
PUBLIC LAW 100-202—DEC. 22, 1987 
Weapons procurement, Navy, 1986/1988, $161,200,000; 
Weapons procurement. Navy, 1987/1989, $227,800,000; 
Shipbuilding and conversion, Navy, 1984/1988, $134,100,000; 
Shipbuilding and conversion. Navy, 1985/1989, $94,600,000; 
Shipbuilding and conversion, Navy, 1986/1990, $20,000,000; 
Shipbuilding and conversion. Navy, 1987/1991, $155,600,000; 
Other procurement. Navy, 1986/1988, $32,361,000; 
Other procurement. Navy, 1987/1989, $225,614,000; 
Procurement, Marine Corps, 1986/1988, $47,600,000; 
Procurement, Marine Corps, 1987/1989, $15,000,000; 
Aircraft procurement, Air Force, 1986/1988, $278,521,000; 
Aircraft procurement. Air Force, 1987/1989, $659,600,000; 
Missile procurement. Air Force, 1985/1989, $40,100,000; 
Missile procurement. Air Force, 1986/1988, $122,446,000; 
Missile procurement. Air Force, 1987/1989, $11,500,000; 
Other procurement. Air Force, 1986/1988, $58,200,000; 
Procurement, Defense Agencies, 1986/1988, $31,000,000; 
; 
Procurement, Defense Agencies, 1987/1989, $75,000,000; 
National Guard and Reserve Equipment, 1986/1988, $17,900,000; 
Research, development, test, and evaluation, Army, 1987/1988, 
$14,000,000; 
Research, development, test, and evaluation. Navy, 1987/1988, 
$67,495,000; 
Research, development, test, and evaluation. Air Force, 1987/ 
1988, $266,000,000; 
Research, development, test, and evaluation. Defense Agencies, 
1987/1988, $8,900,000; 
100 Stat. 3979. 
(b) Section 1305 of Public Law 99-661 is amended in subsection 0)) 
by striking "that are enacted before December 31, 1986" and insert-
ing in lieu thereof "and/or fiscal year 1988". 
(TRANSFER OF FUNDS) 
SEC. 8049. In addition to any other transfer authority contained in 
this Act, amounts from working capital funds may be transferred to 
the Operation and Maintenance appropriations contained in this 
Act to be merged with and to be available for the same purposes and 
for the same time period as the appropriation to which transferred: 
Provided, That such transfers shall not exceed $451,036,000 for 
Operation and Maintenance, Army; $813,400,000 for Operation and 
Maintenance, Navy; $14,738,000 for Operation and Maintenance, 
Marine Corps; and $888,881,000 for Operation and Maintenance, Air 
Force. 
SEC. 8050. None of the funds made available by this Act shall be 
used in any way for the leasing to non-Federal agencies in the 
United States aircraft or vehicles owned or operated by the Depart-
ment of Defense when suitable aircraft or vehicles are commercially 
available in the private sector: Provided, That nothing in this 
section shall affect authorized and established procedures for the 
sale of surplus aircraft or vehicles: Provided further, That nothing in 
this section shall prohibit the leasing of helicopters authorized by 
section 1463 of the Department of Defense Authorization Act of 
1986. 
SEC. 8051. None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before 
the Congress. 
.,..„-„,„ 
, ^ 
. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-72 
SEC. 8052. No funds available to the Department of Defense 
during the current fiscal year may be used to enter into any 
contract with a term of eighteen months or more or to extend or 
renew any contract for a term of eighteen months or more, for any 
vessel, aircraft or vehicles, through a lease, charter, or similar 
agreement without previously having been submitted to the 
Committees on Appropriations of the House of Representatives and 
the Senate in the budgetary process: Provided, That any contractual 
agreement which imposes an estimated termination 
liability 
(excluding the estimated value of the leased item at the time of 
termination) on the Government exceeding 50 per centum of the 
original purchase value of the vessel, aircraft, or vehicle must have 
specific authority in an appropriation Act for the obligation of 10 
per centum of such termination liability. 
SEC. 8053. None of the funds made available by this Act shall be 
available to operate in excess of 247 commissaries in the contiguous 
United States. 
SEC. 8054. None of the funds provided in this Act shall be used to 
procure aircraft ejection seats manufactured in any foreign nation 
that does not permit United States manufacturers to compete for 
ejection seat procurement requirements in that foreign nation. This 
limitation shall apply only to ejection seats procured for installation 
on aircraft produced or assembled in the United States. 
SEC. 8055. None of the funds appropriated by this Act shall be 
obligated for the pay of any individual who is initially employed 
after the date of enactment of this Act as a technician in the 
administration and training of the Army Reserve and the mainte-
nance and repair of supplies issued to the Army Reserve unless such 
individual is also a military member of the Army Reserve troop 
program unit that he or she is employed to support. Those techni-
cians employed by the Army Reserve in areas other than Army 
Reserve troop program units need only be members of the Selected 
Reserve. 
SEC. 8056. None of the funds appropriated by this Act shall be 
used to purchase dogs or cats or otherwise fund the use of dogs or 
cats for the purpose of training Department of Defense students or 
other personnel in surgical or other medical treatment of wounds 
produced by any type of weapon: Provided, That the standards of 
such training with respect to the treatment of animals shall adhere 
to the Federal Animal Welfare Law and to those prevailing in the 
civilian medical community. 
SEC. 8057. None of the funds made available by this Act shall be 
used to initiate full-scale engineering development of any major 
defense acquisition program until the Secretary of Defense has 
provided to the Committees on Appropriations of the House and 
Senate— 
(a) a certification that the system or subsystem being devel-
oped will be procured in quantities that are not sufficient to 
warrant development of two or more production sources, or 
(b) a plan for the development of two or more sources for the 
production of the system or subsystem being developed. 
SEC. 8058. None of the funds available to the Department of 
Defense may be used for the floating storage of petroleum or 
petroleum products except in vessels of or belonging to the United 
States. 
101 STAT. 1329-73 
PUBLIC LAW 100-202—DEC. 22, 1987 
SEC. 8059. No more than $182,402,000 of the funds appropriated by 
this Act shall be available for the payment of unemployment com-
pensation benefits. 
SEC. 8060. Of the funds made available to the Department of the 
Air Force in this Act, not less than $11,600,000 shall be available for 
the Civil Air Patrol. 
SEC. 8061. Funds available to the Department of Defense may be 
used by the Department of Defense for the use of helicopters and 
motorized equipment at Defense installations for removal of feral 
burros and horses. 
SEC. 8062. (a) None of the funds appropriated by this Act shall be 
available to compensate foreign selling costs as described in Federal 
Acquisition Regulation 31.205-380t>) as in effect on April 1, 1984. 
(b) Notwithstanding section 2324(e)(lXH) of title 10, United States 
Code, and subsection (a) of this section, appropriations contained in 
this Act shall be available for, and the Secretary of Defense shall 
pay, reasonable costs under covered contracts incurred to promote 
American aerospace exports at domestic and international exhibits. 
10 use 401 note. 
SEC. 8063. Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated 
pursuant to section 403(a) of title 10, United States Code, for 
humanitarian and civic assistance costs under chapter 20 of title 10, 
United States Code. Such funds may also be obligated for humani-
tarian and civic assistance costs incidental to authorized operations 
and pursuant to authority granted in section 4030?) of chapter 20 of 
title 10, United States Code, and these obligations shall be reported 
to Congress on September 30 of each year: Provided, That funds 
available for operation and maintenance shall be available for 
providing humanitarian and similar assistance by using Civic 
Action Teams in the Trust Territories of the Pacific Islands and 
freely associated states of Micronesia, pursuant to the Compact of 
Free Association as authorized by Public Law 99-239. 
SEC. 8064. Notwithstanding any other provision of law, the Sec-
retaries of the Army and Air Force may authorize the retention in 
an active status until age sixty of any officer who would otherwise 
be removed from an active status and who is employed £is a National 
Guard or Reserve technician in a position in which active status in a 
reserve component of the Army or Air Force is required as a 
condition of that emplojnnent. 
SEC. 8065. It is the sense of the Congress that competition, which 
is necessary to enhance innovation, effectiveness, and efficiency, and 
which has served our Nation so well in other spheres of political and 
economic endeavor, should be expanded and increased in the provi-
sion of our national defense. 
SEC. 8066. None of the funds appropriated by this Act shall be 
available to pay a dislocation edlowance pursuant to section 407 of 
title 37, United States Code, in excess of one month's basic allow-
ance for quarters. 
SEC. 8067. None of the funds available to the Department of 
Defense shall be obligated or expended to contract out any activity 
currently performed by the Defense Personnel Support Center in 
Philadelphia, Pennsylvania: Provided, That this provision shall not 
apply after notification to the Committees on Appropriations of the 
House of Representatives and the Senate of the results of the cost 
analysis of contracting out any such activity. 
SEC. 8068. Funds available for operation and maintenance under 
this Act, may be used in connection with demonstration projects and 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-74 
other activities authorized by section 1092 of title 10, United States 
Code. 
SEC. 8069. None of the funds appropriated by this Act shall be 
used to make contributions to the Department of Defense Education 
Benefits Fund pursuant to section 2006(g) of title 10, United States 
Code, representing the normal cost for future benefits under section 
1415(c) of title 38, United States Code, for any member of the armed 
services who, on or after the date of enactment of this Act, receives 
an enlistment bonus under section 308a or 308f of title 37, United 
States Code; nor shall any amounts representing the normal cost of 
such future benefits be transferred from the Fund by the Secretary 
of the Treasury to the Administrator of Veterans' Affairs pursuant 
to section 2006(d) of title 10, United States Code; nor shall the 
Administrator pay such benefits to any such member. 
SEC. 8070. None of the funds appropriated by this or any other Act 
for the Navy may be used to carry out an electromagnetic pulse 
program in the Chesapeake Bay area in connection with the Electro-
magnetic Pulse Radiation Environment Simulator for Ships (EM-
PRESS) program unless or until the Secretary of Defense certifies to 
the Congress that conduct of the EMPRESS program is essential to 
the national security of the United States and to achieving requisite 
military capability for United States naval vessels, and that the 
economic, environmental, and social costs to the United States of 
conducting the EMPRESS program in the Chesapeake Bay area are 
far less than the economic, environmental, and social costs caused 
by conducting the EMPRESS program elsewhere. 
SEC. 8071. Notwithstanding any other provision of law, during 
fiscal year 1988, the Department of Defense shall conduct an ex-
panded pilot project of providing home health care as part of an 
individualized case-managed range of benefits that may reasonably 
deviate from otherwise payable types, amounts and levels of care, in 
up to four geographic areas containing no more than one-fourth of 
the Department's beneficiaries, for dependents entitled to health 
care under sections 1079 and 1086 of title 10, United States Code, 
with the patients selected from those with exceptionally serious, 
long-range, costly and incapacitating physical or mental conditions 
defined by the Secretary of Defense as likely to benefit from the 
range of demonstration benefits: Provided, That although the cost 
may be greater in a specific case, the net benefit cost to the 
Department of Defense shall not exceed that which could re£isonably 
have been expected to occur in the absence of the demonstration: 
Provided further, That outside of the areas selected, the home 
health care pilot project as directed and implemented in fiscal years 
1986 and 1987 shall be continued. 
SEC. 8072. Funds appropriated in this Act shall be available for 
the payment of not more than 75 percent of the charges of a 
postsecondary educational institution for the tuition or expenses of 
an officer in the Ready Reserve of the Army National Guard or 
Army Reserve for education or training during his off-duty periods, 
except that no part of the charges may be paid unless the officer 
agrees to remain a member of the Ready Reserve for at least four 
years after completion of such training or education. 
SEC. 8073. Notwithstanding any other provision of law, none of the 
funds appropriated by this Act shall be available to pay more than 
50 percent of an amount paid to any person under section 308 of title 
37, United States Code, in a<tump sum. 
91-194 O - 90 - 14 : OL.3 Part 2
101 STAT. 1329-75 
PUBLIC LAW 100-202—DEC. 22, 1987 
SEC. 8074. None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or func-
tion of the Department of Defense that, on or after the date of 
enactment of this Act, is performed by more than ten Department of 
Defense civilian employees until a most efficient and cost-effective 
organization analysis is completed on such activity or function and 
certification of the analysis is made to the Committees on Appro-
priations of the House of Representatives and the Senate. 
(TRANSFER OF FUNDS) 
SEC. 8075. Upon a determination by the Secretary of Defense that 
such action will result in a more economical acquisition of auto-
matic data processing equipment, funds provided in this Act under 
one appropriation account for the lease or purchase of such equip-
ment may be transferred through the Automatic Data Processing 
Equipment Management Fund to another appropriation account in 
this Act for the lease or purchase of automatic data processing 
equipment to be merged with and to be available for the same 
purposes, and for the same time period, as the appropriation to 
which transferred: Provided, That within thirty days after the end 
of each quarter the Secretary of Defense shall report transfers made 
under this section to the Committees on Appropriations of the 
Senate and the House of Representatives: Provided further, That the 
authority to transfer funds under this section shall be in addition to 
any other transfer authority contained in this Act. 
SEC. 8076. Appropriations available to the Department of Defense 
during the current fiscal year shall be available, under such regula-
tions as the Secretary of Defense may deem appropriate, to ex-
change or furnish mapping, charting, and geodetic data, supplies or 
services to a foreign country pursuant to an agreement for the 
production or exchange of mapping, charting, and geodetic data. 
SEC. 8077. None of the funds appropriated in this Act to the 
Department of the Army may be obligated for procurement of 
120mm mortars or 120mm mortar ammunition manufactured out-
side of the United States: Provided, That this limitation shall not 
apply to procurement of such mortars or ammunition required for 
testing, evaluation, type classification or equipping the Army's 
Ninth Infantry Division (Motorized). 
SEC. 8078. Appropriations made available to the Department of 
Defense by this Act may be used at sites formerly used by the 
Department of Defense for removal of unsafe buildings or debris of 
the Department of Defense: Provided, That such removal must be 
completed before the property is released from Federal Government 
control, other than property conveyed to State or local government 
entities or native corporations. 
SEC. 8079. Within the funds made available under title II of this 
Act, the military departments may use such funds as necessary, but 
not to exceed $2,400,000, to carry out the provisions of section 430 of 
title 37, United States Code. 
SEC. 8080. None of the funds appropriated in this Act may be 
obligated or expended to carry out a program to paint any naval 
vessel with paint known as organotin or with any other paint 
containing the chemical compound tributyltin until such time as the 
Environmental Protection Agency certifies to the Department of 
Defense that whatever toxicity as generated by organotin paints as 
included in Navy specifications does not pose an unacceptable 
i )••«-. ".JO • H 
i':. • {> ;>«;• 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-76 
hazard to the marine environment: Provided, That the Navy may 
use these funds to paint aluminum-hulled craft as necessary, and, in 
addition, the Navy may paint no more than fifteen steel-hulled ships 
to conduct research as described in the "Navy Organotin Program 
Plan for Two Case Study Harbors". 
SEC. 8081. None of the funds appropriated by this Act shall be 
10 USC 114 note, 
used for the support of any nonappropriated fund activity of the 
Department of Defense that procures malt beverages and wine with 
nonappropriated funds for resale (including such alcoholic beverages 
sold by the drink) on a military installation located in the United 
States, unless such malt beverages and wine are procured in that 
State, or in the case of the District of Columbia, within the District 
of Columbia, in which the military installation is located: Provided, 
That in a case in which a military installation is located in more 
than one State, purchases may be made in any State in which the 
installation is located: Provided further. That such local procure-
ment requirements for malt beverages and wine shall apply to all 
alcoholic beverages for military installations in States which are not 
contiguous with another State: Provided further, That alcoholic 
beverages other than wine and malt beverages in contiguous States 
and the District of Columbia shall be procured from the most 
competitive source, price and other factors considered. 
SEC. 8082. Notwithstanding any other provision of law, funds 
available in this Act shall be available to the Defense Logistics 
Agency to grant civilian employees participating in productivity-
based incentive award programs paid administrative time off in lieu 
of cash payment as compensation for increased productivity. 
SEC. 8083. None of the funds appropriated in this Act to the 
Department of the Army may be obligated for depot maintenance of 
equipment unless such funds provide for civilian 
personnel 
strengths at the Army depots performing communications-elec-
tronics depot maintenance at an amount above the strengths as-
signed to those depots on September 30, 1985: Provided, That the 
foregoing limitation shall not apply to civilian personnel who per-
form caretaker-type functions at these installations: Provided fur-
ther. That nothing in this provision shall cause undue reductions of 
other Army depots, as determined by the Secretary of the Army. 
SEC. 8084. (a) The Secretary of Defense shall award to a United 
States firm a contract pursuant to a solicitation issued on or after 
the date of enactment of this Act under the Department of Defense 
overseas fuel procurement programs that would otherwise be 
awarded to a foreign firm if such United States firm— 
(1) has a crude oil refining capacity of not more than 85,000 
barrels a day; 
(2) participates in the Department of Defense overseas fuel 
procurement program; 
(3) agrees to the contract on the terms proposed by the foreign 
firm to which the contract would otherwise be awarded; and 
(4) does not use processing agreements in order to fulfill the 
contract. 
0)) This provision shall not apply if the total cost of supplies 
offered by the United States firm, including transportation as speci-
fied in the solicitation, would exceed the total evaluated cost to the 
Government if the contract were awarded to the foreign firm. 
(c) This provision shall not supersede any status of forces agree-
ment and shall not apply to acquisitions subject to the Agreement 
on Government Procurement of 1979 and the Trade Agreements Act 
101 STAT. 1329-77 
PUBLIC LAW 100-202—DEC. 22, 1987 
of 1979 (19 U.S.C. 2501-2582) and including acquisitions from coun-
tries designated under the Caribbean Basin Economic Recovery Act 
(19 U.S.C. 2701, et seq.). 
(d) For purposes of this section, the term "United States firm" 
means a corporation, partnership, association, joint stock company, 
business trust, unincorporated organization, or sole proprietorship 
which has its principal place of business in the United States, or 
which is organized under the laws of a State of the United States or 
a territory, possession, or commonwealth of the United States. 
SEC. 8085. (a) None of the funds made available by this Act to the 
Department of Defense may be used to procure the Federal Supply 
Classes of machine tools set forth in subsection (b) of this section, for 
use in any Government-owned facility or property under control of 
the Department of Defense, which machine tools were not manufac-
tured in the United States or Canada. 
(b) The procurement restrictions contained in subsection (a) shall 
apply to Federal Supply Classes of metalworking machinery in 
categories numbered 3408, 3410-3419, 3426, 3433, 3441-3443, 3446, 
3448, 3449, 3460, and 3461. 
(c) When adequate domestic supplies of the classifications of ma-
chine tools identified in subsection (b) are not available to meet 
Department of Defense requirements on a timely basis, the procure-
ment restrictions contained in subsection (a) may be waived on a 
case by case basis by the Secretary of the Service responsible for the 
procurement. 
(d) Subsection (a) shall not apply to contracts which are binding as 
of the date of enactment of this Act. 
SEC. 8086. None of the funds appropriated or made available by 
this Act may be obligated for acquisition of major automated 
information systems which have not successfully completed over-
sight reviews required by Defense Department regulations: Pro-
vided, That none of the funds appropriated or made available by this 
Act may be obligated on Composite Health Care System acquisition 
contracts if such contracts would cause the total life cycle cost 
estimate of $1,100,000,000 expressed in fiscal year 1986 constant 
dollars to be exceeded. 
SEC. 8087. Notwithstanding any other provision of law, appropria-
tions available to the Department of Defense during the current 
fiscal year shall be available to make payments to a hospital that 
obtains 6 percent or more of its operating funds from contributions 
and that limits the care it provides to the treatment of heart and 
lung conditions: Provided, That payment may not be denied for a 
claim for otherwise reimbursable services submitted under a plan 
contracted for under sections 1079(a) and 1086(a) of title 10, United 
States Code, solely on the basis that such hospital does not impose a 
legal obligation, including a patient cost share or deductible, on its 
patients to pay for such services. 
SEC. 8088. The Secretary of Defense shall take such action as 
necessary to assure that a minimum of 50 percent of the 
polyacrylonitrile (PAN) carbon fiber requirement be procured from 
domestic sources by 1992: Provided, That the annual goals to achieve 
this requirement be as follows: 15 percent of the total DoD require-
ment by 1988; 15 percent of the total DoD requirement by 1989; 20 
percent of the total DoD requirement by 1990; 25 percent of the total 
DoD requirement by 1991; and 50 percent of the total DoD require-
ment by 1992. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-78 
SEC. 8089. (a) Section 9102 of the Department of Defense Appro-
priations Act, 1987 (as included in Public Laws 99-500 and 99-591) is 
lo USC114 note. 
repealed; O
t
>
) of the funds appropriated by this Act not more than 
$1,190,923,000 may be obligated for morale, welfare, and recreation 
activities: Provided, That such funds may be spent in accordance 
with the criteria set forth in the Report of the Assistant Secretary of 
Defense (Force Management and Personnel) to the Congress entitled 
"Reassessment of the Department of Defense Morale, Welfare and 
Recreation Programs" dated August 10, 1987: Provided further, That 
nonappropriated funds may be used to reimburse appropriated 
funds for expenses of civilian employees employed on January 1, 
1987, by revenue-generating recreation activities and such re-
imbursed expenses shall not be included in the dollar limitation of 
this section. 
SEC. 8090. (a) The Secretary of the Navy (hereinafter in this 
section referred to as the "Secretary") is authorized to convey to the 
Philadelphia Municipal Authority, a State authority, (hereinafter in 
this section referred to as the "PMA"), all right, title, and interest of 
the United States in and to approximately 29 acres of land located 
in the United States Naval Base, Philadelphia, Pennsylvania, to-
gether with any improvements thereon. 
O
a
) The exact acreage and legal description of the lands to be 
conveyed under this section shall be determined by surveys that are 
satisfactory to the Secretary. The cost of any such survey shall be 
borne by the PMA. 
(c) In consideration for any conveyance authorized under subsec-
tion (a), the PMA shall pay to the United States an amount equal to 
the fair market value of the property to be conveyed (as determined 
by the Secretary). 
(d) The Secretary may require such additional terms and condi-
tions with respect to the conveyance under this section as he 
considers appropriate to protect the interests of the United States. 
(e) In addition to the authority provided in subsection (a) and 
pursuant to section 2394 of title 10, United States Code, the Sec-
retary, upon his determination that there is an economic advantage 
to the Navy, is authorized to enter into a long-term contract with 
the PMA for the purchase of steam generated from a facility to be 
constructed upon the land authorized to be conveyed herein. 
SEC. 8091. Notwithstanding any other provision of law, appropria-
tions made available in this Act may be used for the procurement, 
product improvement and modification of the Copperhead projectile, 
without regard to whether or not a second production source pro-
gram or contract has been established for this program if the 
Secretary of Defense determines that such expenditures are in the 
interest of the Government of the United States: Provided, That 
prior year unobligated balances of funds appropriated for Other 
Procurement, Navy for procurement of the five inch guided projec-
tile (other than those required for production qualification efforts) 
shall be available for obligation only after the Secretary of the Navy 
certifies to the Committees on Appropriations of the House of 
Representatives and Senate that (1) procurement funding is in-
cluded in the fiscal year 1989 Navy five year budget, (2) it will be 
competitively procured, and (3) procurement will be on a firm fixed 
price contract with a procurement unit cost of not to exceed $29,000 
per round. 
SEC. 8092. Except where specifically increased or decreased else-
where in this Act, the restrictions contained within appropriations, 
101 STAT. 1329-79 
PUBLIC LAW 100-202—DEC. 22, 1987 
or provisions affecting appropriations or other funds, available 
during fiscal year 1988, limiting the amount which may be expended 
for personnel services, and including pay and allowances of military 
personnel and civilian employees, or for purposes involving personal 
services, or amounts which may be transferred between appropria-
tions or authorizations available for or involving such services, are 
hereby increased to the extent necessary to meet increased pay costs 
authorized by or pursuant to law. 
SEC. 8093. None of the funds appropriated or made available by 
this or any other Act with respect to any fiscal year may be used by 
any Department, agency, or instrumentality of the United States to 
purchase electricity in a manner inconsistent with State law govern-
ing the provision of electric utility service, including State utility 
commission rulings and electric utility franchises or service terri-
tories established pursuant to State statute. State regulation, or 
State-approved territorial agreements: Provided, That nothing in 
this section shall preclude the head of a Federal agency from 
entering into a contract pursuant to 42 U.S.C. 8287; nor shall it 
preclude the Secretary of a military department from entering into 
a contract pursuant to 10 U.S.C. 2394 or from purchasing electricity 
from any provider when the utility or utilities having applicable 
State-approved franchise or other service authorizations are found 
by the Secretary to be unwilling or unable to meet unusual stand-
ards for service reliability that are necessary for purposes of na-
tional defense. 
SEC. 8094. None of the funds provided by this Act may be used to 
pay the salaries of any person or persons who authorize the transfer 
of unobligated and deobligated appropriations into the Reserve for 
Contingencies of the Central Intelligence Agency. 
SEC. 8095. Funds appropriated by this Act for construction 
projects of the Central Intelligence Agency, which are transferred to 
another Agency for execution, shall remain available until 
expended. 
SEC 8096. The Secretary of Defense shall submit a quarterly 
report of cumulative reprogrammings from any project or program 
in excess of an initial $10,000,000 in total for procurement and an 
initial $4,000,000 in total for research and development. The initial 
report shall cover the quarter ending March 31, 1988, and include 
funds in this and prior appropriation Acts. 
SEC. 8097. (a) The Secretary of Defense shall conduct through the 
Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) a demonstration project on the treatment of alcohol-
ism designed to compare the use of chemical aversion therapy with 
the use of other treatments. At the conclusion of the demonstration 
project, the Secretary shall submit to the Committees on Appropria-
tions and Armed Services of the Senate and House of Representa-
tives a report on the results of the project: Provided, That the 
demonstration project shall be conducted at only one location: Pro-
vided further, That coverage for chemical aversion therapy under 
this demonstration project is extended to those beneficiaries re-
ferred for such treatment by a physician, psychiatrist or psycholo-
gist recognized as an authorized provider under CHAMPUS. 
Ot)) Until the report required by subsection (a) is submitted, the 
Secretary of Defense shall ensure that coverage of beneficiaries 
under section 1079(a) or 1086(a) of title 10, United States Code, shall 
continue under the provisions of subsection (a). 
, j,^., ^..^, ^ . ^,. ,. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-80 
SEC. 8098. Notwithstanding the provisions of section 2401, title 10, 
United States Code, or of any other provision of law which would 
limit lease or charter terms to less than five years, the Navy is 
authorized to enter into agreements to construct and charter up to 
six clean product tankers of adequate cargo capacity to replace the 
SEALIFT-class tankers now in service. Tankers constructed under 
the terms of this section must be constructed in a shipyard of the 
United States in accordance with section lO-(d), title 41, United 
States Code. 
SEC. 8099. The Secretary of the Army, as Executive Agent for the 
Department of Defense, may authorize activities on the part of the 
Armed Forces in celebration of the Bicentennial of the Constitution, 
and in support of Congressional Bicentennial activities. Such sums 
as are necessary to pay the expenses of these activities shall be 
made available from funds otherwise appropriated to the Depart-
ment of Defense, except that such funds shall not be counted against 
the limitation on funds available for public affairs or legislative 
liaison activities of the Department of Defense. 
SEC. 8100. Upon a certification by the Chief, National Guard 
Bureau, to the Committees on Appropriations and Armed Services 
of the Senate and House of Representatives that complete delivery 
of 530 M939A2 trucks cannot be accomplished by February 1, 1989, 
and that the total cost of a contract for M939A1 trucks will not 
exceed the cost of a contract for M939A2 trucks for the same 
number of trucks to be acquired under the M939A1 contract, appro-
priations made in this Act, or in the Department of Defense Appro-
priations Acts for fiscal year 1986 and for fiscal year 1987 under the 
heading "National Guard and Reserve Equipment", may be used to 
acquire M939A1 trucks. 
SEC. 8101. None of the funds appropriated by this Act shall be 
available for the operation and maintenance of contractor-owned, 
contractor-operated primary health care facilities unless the Depart-
ment of Defense Inspector General agrees to conduct an inspection, 
audit and evaluation of these clinics. 
SEC. 8102. Funds provided by this Act for the Civilian Health and 
Medical Program of the Uniformed Services (CHAMPUS) may be 
used by the Office of CHAMPUS to conduct a pilot project to provide 
program modifications and efficiencies by amending up to two 
existing fiscal intermediary contracts: Provided, That the Secretary 
of Defense conducts a separate health care demonstration project, if 
it is in the best interests of the Government, in the New Orleans, 
Louisiana area (the area described in Solicitation Number MDA903-
87-R-0047) that uses a managed health care network, including 
health care enrollment (as provided for in section 1099, title 10, 
United States Code): Provided further. That the Secretary shall 
implement this demonstration project no later than September 30, 
1988. 
SEC, 8103. Notwithstanding any other provision of law, the Sec-
retary of the Navy may use funds appropriated to charter ships to 
be used as auxiliary minesweepers providing that the owner agrees 
that these ships may be activated as Navy Reserve ships with Navy 
Reserve crews used in training exercises conducted in accordsmce 
with law and policies governing Naval Reserve forces. 
SEC. 8104, (a) None of the funds in this Act may be used to award a 
contract for the Civilian Health and Medical Program of the Uni-
formed Services (CHAMPUS) Reform Initiative that exceeds the 
total fiscal year 1987 costs for CHAMPUS care provided in Califor-
101 STAT. 1329-81 
PUBLIC LAW 100-202—DEC. 22, 1987 
nia and Hawaii, plus normal and reasonable adjustments for price 
and program growth. 
10 use 1103 
(b) Notwithstanding section 725 of Public Law 100-180, the 
"ote. 
preemption provisions of title 10, United States Code, chapter 55, 
section 1103, shall not be limited to contractual provisions relating 
to coverage of benefits, but shall apply to any and all contracts 
entered into pursuant to Solicitation Number MDA-903-87-R-0047 
and shall preempt any and all State and local laws or regulations 
which relate to health insurance or to prepaid health care plans. 
SEC. 8105. None of the funds appropriated by this Act may be used 
by the Defense Logistics Agency to assign a supervisor's title or 
grade when the number of people he or she supervises is considered 
as a basis for this determination: Provided, That savings that result 
from this provision are represented as such in future budget 
proposals. 
SEC. 8106. Appropriations made available in this Act by the 
appropriation "Operation and maintenance. Army" shall be avail-
able for logistical support and personnel services required to com-
plete Department of Defense support for the Tenth International 
Pan American Games. 
SEC. 8107. Of funds identified in chapter IIIA, section 50t>) of the 
Urgent Supplemental Appropriations Act, 1986 (Public Law 99-349), 
the $18,500,000 made available for purchase of an HC-130 tanker 
and the $12,000,000 made available for purchase of an aerostat 
radar system shall be available only for procurement and installa-
tion, including site preparations, of aerostat radars. 
SEC. 8108. None of the funds appropriated by this Act shall be 
used to make contributions to the Department of Defense Education 
Benefits Fund pursuant to section 2006(g) of title 10, United States 
Code, representing the normal cost for future benefits under section 
1415(c) of title 38, United States Code, for any member of the armed 
services who, on or after the date of the enactment of this Act, 
enlists in the armed services for less than three years; nor shall any 
amounts representing the normal cost of such future benefits be 
transferred from the Fund by the Secretary of the Treasury to the 
Administrator of Veterans Affairs pursuant to section 2006(d) of 
title 10, United States Code; nor shall the Administrator pay such 
benefits to any such member: Provided, That these limitations shall 
not apply to members in combat arms skills. 
SEC. 8109. Of the funds made available in this Act, the Depart-
ment of Defense shall transfer $1,342,000 to the Bureau of Land 
Management appropriation account for fire management to be used 
for repair and replacement of materials destroyed by fire, to be 
merged with, and such funds are to be awarded for the same 
purposes and for the same time period as the appropriation to which 
transferred. 
SEC. 8110. None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the 
Army participating as a full-time student and receiving benefits 
paid by the Administrator of Veterans Affairs from the Department 
of Defense Education Benefits Fund when the time spent as a full-
time student is credited toward completion of a service commitment: 
Provided, That this provision shall not apply to those members who 
have reenlisted with this option prior to October 1, 1987: Provided 
further. That this provision applies to active components of the 
Army. 
.,-.».,., ..,. „,..,„» .•..:,^ .,. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-82 
SEC. 8111. Of the funds made available in this Act for military 
personnel appropriations, up to $2,800,000 may be available for the 
purposes of section 638 of the National Defense Authorization Act 
for fiscal years 1988 and 1989 (Public Law 100-180). 
SEC. 8112. Funds appropriated or made available in this Act shall 
be obligated and expended to continue to fully utilize the facilities at 
the United States Army Engineer's Waterways Experiment Station, 
including the continued availability of the supercomputer capability 
and the planned upgrade of this capability: Provided, That none of 
the funds in this Act may be used to purchase any supercomputer 
which is not manufactured in the United States, unless the Sec-
retary of Defense certifies to the Armed Services and Appropria-
tions Committees of Congress that such an acquisition must be made 
in order to acquire capability for national security purposes that is 
not available from United States manufacturers. 
SEC. 8113. The Secretary of Defense shall take such action as may 
be necessary to implement at the earliest practicable date and with 
funds provided for such purpose by section 8110 of the Department 
of Defense Appropriations Act, 1986 (as contained in section 101(b) 
of Public Law 99-190; 99 Stat. 1222), the program proposed by the 
Department of Defense in a letter dated August 30, 1985, from the 
Assistant Secretary of Defense for Acquisition and Logistics to 
rehabilitate and convert current steam generating plants at defense 
facilities in the United States to coal burning facilities in order to 
achieve a coal consumption target of 1,600,000 short tons of coal per 
year (including at least 300,000 short tons of anthracite coal) above 
current consumption levels at Department of Defense facilities in 
the United States by fiscal year 1994: Provided, That such action 
shall be subject to the use of only the most cost effective fuel system 
in the construction of new plants or the conversion of existing 
plants: Provided further, That during fiscal year 1988, the amount of 
anthracite coal pui-chased by the Department shall be at least 
300,000 short tons: Provided further. That the funds identified in 
section 8110 of Public Law 99-190 shall continue to be made avail-
able until expended to be used on a non-reimbursable basis for the 
administrative costs of this program. 
SEC. 8114. For the purposes of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99-177) as amended by 
the Balanced Budget and Emergency Deficit Control Reaffirmation 
Act of 1987 (Public Law 100-119), the term program, project, and 
activity for appropriations contained in this Act shall be defined as 
the most specific level of budget items identified in the Department 
of Defense Appropriations Act, 1988, the accompanying House and 
Senate Committee reports, the conference report and accompanying 
joint explanatory statement of the managers of the Committee of 
Conference, the related classified annexes, and the P-1 and R-1 
budget justification documents as subsequently modified by Congres-
sional action: Provided, however, that the following exception to the 
above definition shall apply: 
For the Military Personnel and the Operation and Maintenance 
accounts, the term "program, project, and activity" is defined as the 
appropriations accounts contained in the Department of Defense 
Appropriations Act. 
SEC. 8115. (a) Of the funds appropriated to the Army, $90,895,000 
shall be available only for the Reserve Component Automation 
System (RCAS): Provided, That none of these funds can be expended: 
101 STAT. 1329-83 
PUBLIC LAW 100-202—DEC. 22, 1987 
(1) except as approved by the Chief of the National Guard 
Bureau; 
(2) unless RCAS resource management functions are per-
formed by the National Guard Bureau; 
(3) unless the RCAS contract source selection official is the 
Chief of the National Guard Bureau; 
(4) to pay the salary of an RCAS program manager who has 
not been selected and approved by the Chief of the National 
Guard Bureau and chartered by the Chief of the National 
Guard Bureau and the Secretary of the Army; 
(5) unless the Program Manager (PM) charter makes the PM 
accountable to the source selection official and fully defines his 
authority, responsibility, reporting channels and organizational 
structure; 
(6) to pay the salaries of individuals assigned to the RCAS 
program management office, source selection evaluation board, 
and source selection advisory board unless such organizations 
are comprised of personnel chosen jointly by the Chiefs of the 
National Guard Bureau and the Army Reserve; 
(7) to award a contract for development or acquisition of 
RCAS unless such contract is competitively awarded under 
procedures of 0MB Circular A-109 for an integrated system 
consisting of software, hardware, and communications equip-
ment and unless such contract precludes the use of Government 
furnished equipment, operating systems, and executive and 
applications software; and 
(8) unless RCAS performs its own classified information 
processing. 
0^) None of the funds appropriated in this Act are available for 
procurement of Tactical Army Combat Service Support Computer 
Systems (TACCS) unless at least fifty percent of the TACCS comput-
ers procured with Army fiscal year 1988 funds are provided to the 
Reserve Component. 
(c) None of the funds appropriated in this Act are available for 
procurement of mini- and micro-computers for the Army Reserve 
Component until the RCAS contract is awarded. 
SEC. 8116. Whereas a verifiable treaty eliminating United States 
and Soviet medium- and short-range nuclear ballistic missiles in 
Europe would enhance United States and European security; 
Whereas the Congress supports the President's goal of reducing 
United States and Soviet conventional forces in Europe and reduc-
ing United States and Soviet strategic nuclear forces; 
Whereas it is important the Congress and the President be in 
agreement on United States national security goals and objectives in 
order for the United States to be in the strongest possible position to 
negotiate with the Soviet Union future reductions in conventional 
and strategic nuclear forces; 
Whereas the Congress strongly opposes the undercutting of these 
arms reduction negotiations by either the United States or the 
Soviet Union through unnecessary military initiatives or counter-
productive arms control proposals; 
Whereas no decision has been made on the development or deploy-
ment of strategic defenses; 
Therefore, it is the sense of the Congress that— 
(1) in order to maintain the basis for strong deterrence, the 
Strategic Defense Initiative (SDI) should be a long-term and 
robust research program to provide the United States with 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-84 
expanded options for responding to a Soviet breakout from the 
1972 Anti-Ballistic Missile Treaty and to respond to other future 
Soviet arms initiatives that might pose a grave threat to United 
States national security; 
(2) by expanding potential United States strategic options the 
SDI research program can enhance United States leverage in 
the United States-Soviet arms reduction negotiations and serve 
as a safeguard for ensuring that negotiated agreements are 
kept; 
(3) future research plans and budgets for SDI must be estab-
lished using realistic projections of available resources in the 
overall defense budget and must not undercut other important 
Department of Defense programs; and 
(4) in matching research priorities against available re-
sources, the primary emphasis of SDI should be to explore 
promising new technologies, such as directed energy tech-
nologies, which might have long-term potential to defend 
against a responsive Soviet offensive nuclear threat. 
SEC. 8117. From funds available in this Act for Research, Develop-
ment, Test, and Evaluation, Army, the Army shall expeditiously and 
without further delay complete development and operational testing 
of the M72E4, type classify the weapon, and acquire a technical data 
package. 
SEC. 8118. None of the funds provided for the Department of 
Defense in this Act may be obligated or expended for fixed price-
type contracts in excess of $10,000,000 for the development of a 
major system or subsystem unless the Under Secretary of Defense 
for Acquisition determines, in writing, that program risk has been 
reduced to the extent that realistic pricing can occur, and that the 
contract type permits an equitable and sensible allocation of pro-
gram risk between the contracting parties: Provided, That the 
Under Secretary may not delegate this authority to any persons who 
hold a position in the Office of the Secretary of Defense below the 
level of Assistant Secretary of Defense: Provided further, That the 
Under Secretary report to the Committees on Appropriations of the 
Senate and House of Representatives in writing, on a quarterly 
basis, the contracts which have obligated funds under such a fixed 
price-type developmental contract. 
SEC. 8119. Monetary limitations on the purchase price of a pas-
senger motor vehicle shall not apply to vehicles purchased for 
intelligence activities conducted pursuant to Executive Order 12333 
or successor orders. 
SEC. 8120. Not to exceed $25,000,000 of the funds appropriated in 
this Act to the Department of the Army may be used to fund the 
construction of classified military projects within the Continental 
United States, including design, architecture, and engineering 
services. 
SEC. 8121. From the amounts appropriated in this Act, funds shall 
be available for Naval Air Rework Facilities to perform manufactur-
ing in order to compete for production contracts of Defense articles: 
Provided, That the Navy shall certify that successful bids between 
Naval Air Rework Facilities and private companies for such produc-
tion contracts include comparable estimates of all direct and in-
direct costs: Provided further, That competitions conducted under 
this authority shall not be subject to section 502 of the Department 
of Defense Authorization Act, 1981, as amended, section 307 of the 
101 STAT. 1329-85 
PUBLIC LAW 100-202—DEC. 22, 1987 
Department of Defense Authorization Act, 1985, or Office of 
Management and Budget Circular A-76. 
10 use 194 note. 
SEC. 8122. Nothing in section 102d(l) of Public Law 100-178, 
section 601(b)(2)(A) of Public Law 99-433 (100 Stat. 1065), or section 
601(d) of Public Law 99-433 (100 Stat. 1065) shall be construed as 
requiring or suggesting that the Secretary of Defense avoid allocat-
ing personnel reductions to the Defense Intelligence Agency. 
SEC. 8123. Notwithstanding any other provision of law, the 
Department of Defense may waive Federal regulations concerning 
wage rates for authorized civilian employees hired for certain health 
care occupations: Provided, That only those occupations cited in the 
June 30, 1988, report to be submitted by the Assistant Secretary of 
Defense for Health Affairs shall be covered by this provision. 
SEC. 8124. None of the funds available to the Department of 
Defense are available for obligation or expenditure to procure either 
directly or indirectly any goods or services from Toshiba Corpora-
tion or any of its subsidiaries, or from Kongsberg Vapenfabrik ^ ^ or 
any of its subsidiaries: Provided, That the Secretary of Defense may, 
on a case-by-case basis, waive the preceding prohibition upon a 
written determination to the Committees on Appropriations of the 
House of Representatives and the Senate that compliance would be 
detrimental to United States national security interests: Provided 
further, That the above provision shall not be effective until ninety 
days after enactment of this Act. 
SEC. 8125. (a) None of the funds available to the Department of 
Defense may be used for procurement of welded shipboard anchor 
chain and mooring chain (of all types four or less inches in diameter) 
manufactured outside of the United States or Canada. 
Ot)) When adequate domestic supplies of welded shipboard anchor 
chain and mooring chain (of all types four or less inches in diameter) 
are not available to meet Department of Defense requirements on a 
timely basis, the procurement restrictions contained in subsection 
(a) may be waived on a case-by-case basis by the Secretary of the 
Service responsible for the procurement. 
(c) Subsection (a) shall not apply to contracts which are binding as 
of the date of enactment of this Act. 
SEC. 8126. Except as provided in section 2690 of title 10, United 
States Code, none of the funds available to the Department of 
Defense may be used for the consolidation or conversion of heating 
plants at defense facilities in Europe from coal to district heating 
distribution systems: Provided, That this provision shall not apply to 
facilities for which consolidation or construction contracts were 
entered into before September 30,1987. 
SEC. 8127. During the current fiscal year, notwithstanding any 
other provision of law, the Department of Defense shall exclude 
from diagnosis related groups regulations: (a) inpatient hospital 
services in a hospital whose patients are predominantly under 18 
years of age and Ot)) such services in any hospital with respect to (1) 
discharges involving newborns and infants who are less than 29 
days old upon admission (other than discharges classified to diag-
nosis related group 391), (2) discharges involving pediatric bone 
marrow transplants, (3) discharges involving children who have 
been determined to be HIV seropositive, and (4) discharges involving 
pediatric cystic fibrosis: Provided, That the Department of Defense 
shall ensure that beneficiaries not be required to pay more in cost-
'' Copy read "Vapenfabrikk". 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-86 
shares under the foregoing exclusions than those which would have 
been imposed if the diagnosis related group system had been in-
stituted: Provided further. That notwithstanding any other provision 
of law, appropriations available to the Department of Defense may 
be used to pay the difference between the cost-shares paid by 
beneficiaries under the foregoing and the billed charges for services 
covered by this provision. 
SEC. 8128. None of the funds available for programs administered 
by the Assistant Secretary of the Army for Civil Works in this or 
any other Act hereafter are available to continue, initiate, review, 
complete, or approve A-76 studies on contracting out for any res-
ervoir area in the State of Mississippi administered by the Corps of 
Engineers unless specified in appropriation bills. 
SEC. 8129. None of the funds in this Act or any other funds 
available to commissaries and exchanges may be used to purchase or 
sell any Toshiba products in those commissaries or exchanges: 
Provided, That the above provision shall not be effective until ninety 
days after enactment of this Act. 
(TRANSFER OF FUNDS) 
SEC. 8130. Of the funds appropriated in this Act and from funds 
appropriated to the Department of Defense in prior years that 
remain available for obligation, $316,000,000 may be transferred 
from any appropriation, except appropriations made available to the 
Department of the Army, to any appropriate Air Force appropria-
tion, and thirty legislative days after notification of such transfers 
to the Committees on Appropriations and Armed Services of the 
House of Representatives and the Senate and without objection of 
the Committees within that thirty legislative day period, such trans-
fers may be used for activities related to the space launch recovery 
program, to be merged with and to be available for the same 
purposes, and the same time period, as the appropriation to which 
transferred: Provided, That none of the funds transferred pursuant 
to this paragraph may be obligated or expended for the space launch 
recovery program until the Secretary of Defense and the Adminis-
trator of the National Aeronautics and Space Administration have 
submitted the plan required by section 5(a) of chapter II of title I of 
Public Law 100-71 (101 Stat. 398): Provided further. That the author-
ity to transfer funds under this section shall be in addition to any 
other transfer authority contained in this Act. 
SEC. 8131. Notwithstanding any other provision of law, the Sec-
retary of the Air Force shall, from existing prior year funds, make 
available the additional $18,000,000 necessary to complete the 
$28,700,000 development and qualification program of the next 
generation trainer engine (F-109) over the next three-year period: 
Provided, That none of the funds may be obligated or expended until 
the Air Force submits a report to the Committees on Appropriations 
which identifies the specific Air Force aircraft on which the F-109 
engine will be used. 
(TRANSFER OF FUNDS) 
SEC. 8132. Notwithstanding any other provision of law, the 
Department of Defense may transfer prior year unobligated bal-
ances and funds appropriated in this Act to the operation and 
maintenance appropriations of the reserve components for the pur-
pose of providing military technician pay the same exemption from 
101 STAT. 1329-87 
PUBLIC LAW 100-202—DEC. 22, 1987 
sequestration set forth in the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99-177) as amended by the 
Balanced Budget and Emergency Deficit Control Reaffirmation Act 
of 1987 (Public Law 100-119) as that granted the other military 
personnel accounts: Provided, That any transfer made pursuant to 
any use of the authority provided by this provision shall be limited 
so that the amounts reprogrammed to the operation and mainte-
nance appropriations of the reserve components do not exceed the 
amounts sequestered under the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99-177) as amended by the 
Balanced Budget and Emergency Deficit Control Reaffirmation Act 
of 1987 (Public Law 100-119): Provided further, That the authority to 
make transfers pursuant to this section is in addition to the author-
ity to make transfers under other provisions of this Act: Provided 
further, That the Secretary of Defense may proceed with such 
transfer after notifying the Appropriations Committees of the House 
of Representatives and the Senate twenty legislative days before any 
such transfer of funds under this provision and if no objection is 
expressed within that twenty legislative day period. 
(TRANSFER OF FUNDS) 
SEC. 8133. Funds appropriated in this Act and from funds appro-
priated to the Department of Defense in prior years that remain 
available for obligation, $100,000,000 may be transferred from any 
such appropriation to Aircraft Procurement, Air Force, for the 
procurement of six replacement aircraft for the Flight Inspection 
Program, to be merged with and to be available for the same 
purposes, and the same time period, as the appropriation to which 
transferred: Provided, That the authority to transfer funds under 
this section shall be in addition to any other transfer authority 
contained in this Act. 
SEC. 8134. None of the funds appropriated by this Act may be used 
to carry out full-scale engineering development or deployment on 
the project under the Strategic Defense Initiative designated on 
September 1, 1987, as the Space-Based Interceptor (SBI) Project. 
SEC. 8135. Sections 4, 431, and 634 of the National Defense 
Authorization Act for fiscal years 1988 and 1989 (Public Law 100-
180) are hereby repealed. 
SEC. 8136. Notwithstanding any other provision of law, during 
fiscal year 1988, the Secretary of Defense shall make available to the 
United States Coast Guard without reimbursement not less than 
$105,000,000 in supplies, fuel, training assistance, and other oper-
ational support, exclusive of administrative costs, including 
$5,000,000 for the completion of development of a low-frequency, 
lightweight, portable sonar for the Coast Guard's antisubmarine 
warfare mission requirements, in addition to such assistance as 
would ordinarily be provided in the absence of this provision: Pro-
vided, That such items shall be deemed Department of Defense 
' 
expenditures for Coast Guard defense related activities: Provided 
further. That from funds provided for "Aircraft Procurement, Navy, 
fiscal year 1987", $33,000,000 shall be available for procurement and 
installation of APG-66 radar and other sensors for HU-25 aircraft 
and seabased aerostat radar systems in support of the Coast Guard 
Drug Interdiction Program. 
President of U.S. 
SEC. 8137. The President shall submit in his budget proposals to 
the Congress for fiscal year 1989 an arrangement for the Ready 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-^ 
Reserve Fleet in which funding and program responsibilities are 
consolidated in a single Federal organization. 
SEC. 8138. It is the sense of the Congress that the Secretary of 
Defense should name one of the new nuclear aircraft carriers 
appropriated in fiscal year 1988 the U.S.S. JOHN C. STENNIS. 
(TRANSFER OF FUNDS) 
SEC. 8139. In addition to the amounts appropriated or otherwise 
made available in this Act, $875,000,000 is appropriated to fully fund 
the military pay raise with any remaining balance of the appropria-
tion available to fund the civilian pay raise as authorized by law: 
Provided, That such amounts shall be transferred and merged with 
"Military Personnel" and "Operation and Maintenance" appropria-
tions accounts as applicable and that such transfer authority shall 
be in addition to that provided elsewhere in this Act: Provided 
further. That such sums as may be necessary for authorized pay 
raise costs in excess of this appropriation shall be accommodated 
within the levels appropriated in this Act. 
SEC. 8140. None of the funds available to the Department of the 
Navy may be used to enter into any contract for the overhaul, 
repair, or maintenance of any naval vessel on the West Coast of the 
United States which includes charges for interport differential as an 
evaluation factor for award. 
SEC. 8141. No naval vessel or any vessel owned and operated by 
the Department of Defense homeported in the United States may be 
overhauled, repaired, or maintained in a foreign owned and oper-
ated shipyard located outside of the United States, except for voyage 
repairs. 
SEC. 8142. (a) Section 38(b)(1) of the Arms Export Control Act (22 
U.S.C. 2778(b)(1)) is amended— 
(1) by inserting "(A)" before "As prescribed in"; and 
(2) by adding at the end the following: 
"(B) The prohibition under such regulations required by the 
^ ,^^^^, 
second sentence of subparagraph (A) shall not extend to any mili- 
*' '
* ' 
tary firearms (or ammunition, components, parts, accessories, and 
attachments for such firearms) of United States manufacture fur-
nished to any foreign government by the United States under this 
Act or any other foreign assistance or sales program of the United 
States if— 
"(i) such firearms are among those firearms that the Sec-
retary of the Treasury is, or was at any time, required to 
authorize the importation of by reason of the provisions of 
section 925(e) of title 18, United States Code (including the 
requirement for the listing of such firearms as curios or relics 
under section 921(aX13) of that title); and 
"(ii) such foreign government certifies to the United States 
Government that such firearms are owned by such foreign 
government.". 
(bXD Except as provided in paragraphs (2) and (3), subparagraph 
22 USC 2778 
(B) of section 3803X1) of the Arms Export Control Act, as added by 
note. 
subsection (a), shall take effect at the end of the ninety-day period 
beginning on the date of the enactment of this Act. 
> 
(2XA) Such subparagraph shall take effect on the date of the 
enactment of this Act with respect to any military firearms or 
ammunition (or components, parts, accessories and attachments for 
such firearms) with respect to which an import permit was issued by 
101 STAT. 1329-89 
PUBLIC LAW 100-202—DEC. 22, 1987 
the Secretary of the Treasury on or after July 1,1986, irrespective of 
whether such import permit was subsequently suspended, revoked, 
or withdrawn by the Secretary of the Treasury based on the applica-
tion of section 38(bXl) of the Arms Export Control Act as in effect on 
the day before the date of the enactment of this Act. 
(B) In the case of an import permit described in subparagraph (A) 
which was suspended, revoked, or withdrawn by the Secretary of the 
Treasury during the period beginning on July 1,1986, and ending on 
the date of the enactment of this Act under the conditions described 
in such subparagraph, such import permit shall be reinstated and 
reissued immediately upon the enactment of this Act, and in any 
event not later than ten days after the date of the enactment of this 
Act. 
(3) During the period preceding the revision of regulations issued 
under section 38(b)(1) of the Arms Export Control Act to reflect the 
provisions of subparagraph (B) of such section, as added by subsec-
tion (a), such regulations may not be applied with respect to matters 
covered by paragraph (2) of this subsection so as to prohibit or 
otherwise restrict the importation of firearms described in that 
paragraph or in any other manner inconsistent with that para-
graph, notwithstanding that such regulations have not yet been so 
revised: Provided, That this section shall not take effect if during 
the twenty day period beginning on the date of enactment of this 
section the Secretary of State, the Secretary of Defense, or the 
Secretary of the Treasury notifies Congress that he has an objection 
to the intent of this section: Provided further, That the Attorney 
General shall, within the period of time stated in the first proviso, 
submit a certification to Congress indicating whether the enactment 
of this section will interfere with any ongoing criminal investigation 
with respect to this section. If a certification of criminal investiga-
tive interference or an objection to the intent of this section is made, 
as herein provided, no permit shall be issued to anyone. 
SEC. 8143. (a) EXTENSION OF PROGRAM.—Section 516(a) of the 
22 use 2321J. 
Foreign Assistance Act of 1961 is amended in the first sentence by 
striking out "and 1988" and inserting in lieu thereof ", 1988, and 
1989,". 
(b) MAJOR NON-NATO ALLIES.—Section 516(a) of that Act is 
amended in the first sentence by inserting ", and to major non-
NATO allies on the southern and southeastern fiank of NATO 
which are eligible for United States security assistance," after 
"military structure". 
(c) EXCESS DEFENSE ARTICLES.—Section 516 of that Act is 
amended— 
(1) in subsection (a)— 
(A) in the first sentence, by inserting "excess" before 
"defense articles", and 
(B) in the second sentence, by inserting "excess defense" 
before "articles"; and 
(2) in the text of subsection (b) preceding paragraph (1), in 
subsection (c), and in subsection (d), by inserting "excess" before 
"defense articles". 
Nicaragua. 
SEC. 8144. None of the funds available to the Central Intelligence 
Agency, the Department of Defense, or any other agency or entity of 
the United States Government may be obligated or expended during 
fiscal year 1988 to provide funds, materiel, or other assistance to the 
Nicaraguan democratic resistance unless in accordance with the 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-90 
terms and conditions specified by section 104 of the Intelligence 
Authorization Act (Public Law 100-178) for fiscal year 1988. 
This Act may be cited as the "Department of Defense Appropria-
tions Act, 1988". 
(c) Such amounts as may be necessary for programs, projects or 
activities provided for in the District of Columbia Appropriations 
Act, 1988, at a rate of operations and to the extent and in the 
manner provided for, the provisions of such Act to be effective as if 
it had been enacted into law as the regular appropriations Act, as 
follows: 
A N A C T 
District of 
Columbia 
Making appropriations for the government of the District of Columbia and other 
^^?^{Q*OO^^^°'^^ 
activities chargeable in whole or in part against the revenues of said District for 
' 
' 
the fiscal year ending September 30,1988, and for other purposes. 
TITLE I 
FISCAL YEAR 1988 APPROPRIATIONS 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 
For payment to the District of Columbia for the fiscal year ending 
September 30, 1988, $430,500,000, which shall not be subject to 
apportionment and shall be paid to the District of Columbia by the 
Secretary of the Treasury within 15 days after the enactment of this 
joint resolution: Provided, That none of these funds shall be made 
available to the District of Columbia until the number of full-time 
uniformed officers in permanent positions in the Metropolitan 
Police Department is at least 3,880, excluding any such officer 
appointed after August 19, 1982, under qualification standards other 
than those in effect on such date. 
FEDERAL PAYMENT FOR WATER AND SEWER SERVICES 
For payment to the District of Columbia for the fiscal year ending 
September 30, 1988, in lieu of reimbursement for charges for water 
and water services and sanitary sewer services furnished to facilities 
of the United States Government, $40,500,000, as authorized by the 
Act of May 18, 1954, as amended (D.C. Code, sees. 43-1552 and 43-
1612): Provided, That $7,900,000 of this amount shall be paid to the 
District government by the Secretary of the Treasury immediately 
upon enactment of this Act for fiscal years 1986 and 1987 adjust-
ments: Provided further. That $32,600,000 shall be paid to the 
District government by the Secretary of the Treasury in four equal 
quarterly payments of $8,150,000 each, with each payment to be 
made on the first day of the beginning of each quarter without 
further justification by the District of Columbia government. 
FEDERAL CONTRIBUTION TO RETIREMENT FUNDS 
For the Federal contribution to the Police Officers and Fire 
Fighters', Teachers', and Judges' Retirement Funds as authorized by 
the District of Columbia Retirement Reform Act, approved Novem-
ber 17,1979 (93 Stat. 866; Public Law 96-122), $50,000,000. 
101 STAT. 1329-91 
PUBLIC LAW 100-202—DEC. 22, 1987 
TRANSITIONAL PAYMENT FOR SAINT ELIZABETHS HOSPITAL 
For a Federal contribution to the District of Columbia, as au-
thorized by the Saint Elizabeths Hospital and District of Columbia 
Mental Health Services Act, approved November 8, 1984 (98 Stat. 
3369; Public Law 98-621), $29,000,000. 
CRIMINAL JUSTICE INITIATIVE 
( I N C L U D I N G RESCISSION) 
Of funds appropriated under this head in Public Law 99-500 and 
Public Law 99-591 for the design and construction of a prison in the 
District of Columbia, $20,000,000 are rescinded. 
For the design and construction of a prison within the District of 
Columbia, to become available October 1, 1988, $20,000,000: Pro-
vided, That no funds are available for construction on the South 
part of Square E-1112 as recorded in Subdivision Book 140, Page 199 
in the Office of the Surveyor of the District of Columbia unless 
previously approved by the Committees on Appropriations of the 
Senate and House of Representatives: Provided further. That the 
$50,000,000 herein and heretofore made available for the prison 
project shall remain in the United States Treasury and shall be 
transferred to the District of Columbia government only to the 
extent that outstanding obligations are due and payable to entities 
other than agencies and organizations of the District of Columbia 
government, the payments to such agencies and organizations may 
be made only in reimbursement for amounts actually expended in 
furtherance of the design and construction of the prison. 
DIVISION OF EXPENSES 
The following amounts are appropriated for the District of Colum-
bia 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, $114,328,000: 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 City Adminis-
trator shall be available from this appropriation for expenditures 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 Colum-
bia: Provided further. That notwithstanding any other provision of 
law, there is hereby appropriated $5,417,000 to pay legal, manage-
ment, investment, and other fees and administrative expenses of the 
District of Columbia Retirement Board, of which $763,000 shall be 
derived from the general fund and not to exceed $4,654,000 shall be 
derived from the earnings of the applicable retirement funds: Pro-
vided further. That the District of Columbia Retirement Board shall 
provide to the Congress and 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 item accounting of the 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-92 
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: Provided further, That of the $150,000 
appropriated for fiscal year 1988 for Admission to Statehood, $75,000 
shall be for the Statehood Commission and $75,000 shall be for the 
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 fur-
ther, That no revenues from Federal sources shall be used to support 
the operations or activities of the Statehood Commission and State-
hood Compact Commission: Provided further, That no part of these 
funds shall be used for lobbying to support or defeat legislation 
pending before Congress or any State legislature. 
ECONOMIC DEVELOPMENT AND REGULATION 
Economic development and regulation, $140,467,000: Provided, 
That the District of Columbia Housing Finance Agency established 
by section 201 of the District of Columbia Housing Finance Agency 
Act, effective March 3, 1979 (D.C. Law 2-135; D.C. Code, sec. 45-
2111), based upon its capability of repayments as determined each 
year by the Council of the District of Columbia from the Agency's 
annual audited financial statements to the Council of the District of 
Columbia, shall repay to the general fund an amount equal to the 
appropriated administrative costs plus interest at a rate of four 
percent per annum for a term of 15 years, with a deferral of 
payments for the first three years: Provided further, That notwith-
standing the foregoing provision, the obligation to repay all or part 
of the amounts due shall be subject to the rights of the owners of 
any bonds or notes issued by the Agency and shall be repaid to the 
District of Columbia only from available operating revenues of the 
Agency that are in excess of the amounts required for debt service, 
reserve funds, and operating expenses: Provided further, That upon 
commencement of the debt service payments, such payments shall 
be deposited into the general fund of the District of Columbia: 
Provided further. That up to $270,000 within the 15 percent set-aside 
for special programs within the Tenant Assistance Program shall be 
targeted for the single room occupancy initiative. 
PuBuc SAFETY AND JUSTICE 
Public safety and justice, including purchase of not to exceed 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, 
$655,524,000: Provided, That the Metropolitan Police Department is 
authorized to replace not to exceed 25 passenger-carrying vehicles, 
and the Fire Department 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 replace-
ment: 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 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 30,1988, shall be available for obligations incurred under 
101 STAT. 1329-93 
PUBLIC LAW 100-202—DEC. 22, 1987 
that Act in each fiscal year since inception in 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, 1988, shall be available for 
obligations incurred under that Act in each fiscal year since incep-
tion in fiscal year 1985: Provided further, That $50,000 of any 
appropriation available to the District of Columbia may be used to 
match financial contributions from the Department of Defense to 
the District of Columbia Office of Emergency Preparedness for the 
purchase of civil defense equipment and supplies approved by the 
Department of Defense, when authorized by the Mayor: Provided 
further, That not to exceed $1,500 for the Chief Judge of the District 
of Columbia Court of Appeals, $1,500 for the Chief Judge of the 
Superior Court of the District of Columbia, and $1,500 for the 
Executive Officer of the District of Columbia Courts shall be avail-
able from this appropriation for official purposes: Provided further. 
That the District of Columbia shall operate and maintain a free, 24-
hour telephone information service whereby residents of the area 
surrounding Lorton prison in Fairfax County, Virginia, can 
promptly obtain information from District officials on all disturb-
ances at the prison, including escapes, fires, riots, and similar 
incidents: Provided further. That the District of Columbia shall also 
take steps to publicize the availability of that service among the 
residents of the area surrounding the Lorton prison: Provided fur-
ther. That not to exceed $100,000 of this appropriation shall be used 
to reimburse Fairfax County and Prince William County, Virginia, 
for expenses incurred by the counties during fiscal year 1988 in 
relation to the Lorton prison complex. Such reimbursements shall 
be paid in all instances in which the District requests the counties to 
provide police, fire, rescue, and related services to help deal with 
escapes, riots, and similar disturbances involving the prison: Pro-
vided further. That none of the funds appropriated by this Act may 
be used to implement any plan that includes the closing of Engine 
Company 3, located at 439 New Jersey Avenue, Northwest: Provided 
further. That none of the funds provided by this Act may be used to 
implement District of Columbia Board of Parole notice of emergency 
and proposed rulemaking as filed with the District of Columbia 
Register July 25, 1986: Provided further, That the Mayor shall 
reimburse the District of Columbia National Guard for expenses 
incurred in connection with services which are performed in emer-
gencies by the Guard in a militia status and which are requested by 
the Mayor, in amounts which shall be jointly determined and 
certified £is due and payable for such 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 re-
imbursement to the District of Columbia National Guard under the 
preceding proviso shall be available from this appropriation, and 
their availability shall be deemed as constituting payment in ad-
vance for the emergency services involved. 
PuBUC EDUCATION SYSTEM 
Public education system, including the development of national 
defense education programs, $570,594,000, to be allocated as follows: 
$413,567,000 for the public schools of the District of Columbia, of 
which $600,000 shall be paid within 15 days of the enactment of this 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-94 
Act directly to the District of Columbia Public Schools Foundation 
for entry level career employment programs, together with $200,000 
which shall be paid directly to the Foundation when the Foundation 
certifies that an equal amount of private contributions has been 
received; $62,318,000 for the District of Columbia Teachers' Retire-
ment Fund; $71,667,000 for the University of the District of 
Columbia; $17,047,000 for the Public Library; $3,544,000 for the 
Commission on the Arts and Humanities; $2,100,000 for the District 
of Columbia School of Law; and $351,000 for the Educational Institu-
tion Licensure Commission: 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 Super-
intendent 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 expenditures for official pur-
poses: Provided further. That this appropriation shall not be avail-
able 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, 1988, 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 metropoli-
tan area. 
HUMAN SUPPORT SERVICES 
Human support services, $695,591,000: Provided, That $14,700,000 
of this appropriation, to remain available until expended, shall be 
available solely for District of Columbia employees' disability 
compensation. 
PuBUC 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 purchase of pas-
senger-carrying vehicles for replacement only, $213,654,000, of 
which not to exceed $4,141,000 shall be available for the School 
Transit Subsidy: Provided, That this appropriation shall not be 
available, prior to October 1, 1988, for collecting ashes or miscellane-
ous refuse from hotels and places of business or from apartment 
houses with four or more apartments, or from any building or 
connected group of buildings operating as a rooming or boarding 
house as defined in the housing regulations of the District of 
Columbia. 
WASHINGTON CONVENTION CENTER FUND 
For the Washington Convention Center Fund, $6,758,000: Pro-
vided, That the Convention Center Board of Directors, established 
by section 3 of the Washington Convention Center Management Act 
of 1979, effective November 3, 1979 (D.C. Law 3-36; D.C. Code, 
sec. 9-602), shall reimburse the Auditor of the District of Columbia 
for all reasonable costs for performance of the annual convention 
center audit. 
101 STAT. 1329-95 
PUBLIC LAW 100-202—DEC. 22, 1987 
REPAYMENT OF LOANS AND INTEREST 
For reimbursement to the United States of funds loaned in 
compliance with 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); the Departments of Labor, and Health, Education and Welfare 
Appropriation Act of 1955, approved July 2, 1954 (68 Stat. 443; 
Public Law 83-472); section 1 of an Act to authorize the Commis-
sioners 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 an Act to authorize 
the Commissioners of the District of Columbia to plan, construct, 
operate, and maintain a sanitary sewer to connect the Dulles Inter-
national Airport with the District of Columbia system, approved 
June 12, 1960 (74 Stat. 211; Public Law 86-515); and section 723 of 
the District of Columbia Self-Government and Governmental Re-
organization Act, approved December 24, 1973 (87 Stat. 821; Public 
Law 93-198; D.C. Code, sec. 47-321, note); and section 743(f) of the 
District of Columbia Self-Government and Governmental Reorga-
nization Act, approved October 13, 1977 (91 Stat. 1156; Public Law 
95-131; D.C. Code, sec. 9-219, note), including interest as required 
thereby, $220,905,000. 
REPAYMENT OF GENERAL FUND DEFICIT 
For the purpose of reducing the $224,881,000 general fund 
accumulated deficit as of September 30, 1986, $20,000,000 of which 
not less than $19,118,000 shall be funded and apportioned by the 
Mayor from amounts otherwise available to the District of Columbia 
government (including amounts appropriated by this Act or reve-
nues otherwise available, or both): Provided, That if the Federal 
payment to the District of Columbia for fiscal year 1988 is reduced 
pursuant to an order issued by the President under section 252 of 
the Balanced Budget and Emergency Deficit Control Act of 1985 
(Public Law 99-177, approved December 12, 1985), the percentage (if 
any) by which the $20,()00,000 set aside for repayment of the general 
fund accumulated deficit under this appropriation title is reduced as 
a consequence shall not exceed the percentage by which the Federal 
payment is reduced pursuant to such order. 
SHORT-TERM BORROWINGS 
For the purpose of funding interest related to borrowing funds for 
short-term cash needs, $3,750,000. 
OPTICAL AND DENTAL BENEFITS 
^' 
For optical and dental costs for nonunion employees, $1,489,000. 
ENERGY ADJUSTMENT 
The Mayor shall reduce authorized energy appropriations and 
expenditures within object class 30a (energy) in the amount of 
$1,200,000, within one or several of the various appropriation head-
ings in this Act. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-96 
CAPITAL OUTLAY 
For construction projects, $272,526,000, as authorized by an Act 
authorizing the laying of water mains and service sewers in the 
District of Columbia, the levying of assessments therefor, and for 
other purposes, approved April 22,1904 (33 Stat. 244; Public Law 58-
140; D.C. Code, sees. 43-1512 to 43-1519); the District of Columbia 
Public Works Act of 1954, as approved May 18, 1954 (68 Stat. 101; 
Public Law 83-364); an Act to authorize the Commissioners of the 
District of Columbia to borrow funds for capital improvement pro-
grams and to amend provisions of law relating to Federal Govern-
ment 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, sees. 9-219 and 47-3402); section 3(g) of the District of 
Columbia Motor Vehicle Parking Facility Act of 1942, approved 
August 20, 1958 (72 Stat. 686; Public Law 85-692; D.C. Code, sec. 40-
805(7)); and the National Capital Transportation Act of 1969, ap-
proved December 9,1969 (83 Stat. 320; Public Law 91-143; D.C. Code, 
sees. 1-2451, 1-2452, 1-2454, 1-2456, and 1-2457); including acquisi-
tion of sites, preparation of plans and specifications, conducting 
preliminary surveys, erection of structures, including building 
improvement and alteration and treatment of grounds, to remain 
available until expended: Provided, That $15,353,000 shall be avail-
able for project management and $13,134,000 for design by the 
Director of the Department of Public Works or by contract for 
architectural engineering services, as may be determined by the 
Mayor, and that the funds for use of each capital project implement-
ing agency shall be managed and controlled in accordance with all 
procedures and limitations established under the Financial Manage-
ment System: Provided further. That $4,000,000 of the $272,526,000, 
shall be financed from general fund operating revenues for pay-as-
you-go capital projects for the Department of Public Works: Pro-
vided further, That $2,664,000 of the $272,526,000 shall be for the 
purchase of snow removal equipment of which $703,000 shall be 
financed from general fund operating revenues: Provided further. 
That $26,919,000 of the $272,526,000, shall be available to the Board 
of Education of the District of Columbia for the construction of new 
roofs for various school buildings, for boiler, window, door, and air 
conditioning replacements in various school buildings, for room 
conversions, erosion control, and general improvement projects at 
various school buildings, for an Administration Building site study 
and for the Sharpe Health School Modernization Project with 
$21,109,000 of these funds available for construction, $2,387,000 
available for architectural design, $1,423,000 available for project 
management, and $2,000,000 for equipment: Provided further. That 
$10,000,000 appropriated in the fiscal year ending September 30, 
1986, and $10,000,000 appropriated in the fiscal year ending Septem-
ber 30, 1987, shall be available to the Board of Education of the 
District of Columbia for asbestos abatement and removal, with 
$17,000,000 available for construction, $1,500,000 available for ar-
chitectural design, and $1,500,000 for project management: Provided 
further, That notwithstanding the last sentence of section 405(b) of 
the District of Columbia Public Postsecondary Education Reorga-
nization Act, approved October 26, 1974 (88 Stat. 1423; Public Law 
93-471; D.C. Code, sec. 31-15350?)), the Board of Education of the 
District of Columbia may procure contracts for the construction of 
new roofs for various school buildings, for boiler, window, door, and 
101 STAT. 1329-97 
PUBLIC LAW 100-202—DEC. 22, 1987 
air conditioning replacements in various school buildings, for room 
conversions, erosion control and general improvement projects at 
various school buildings, for asbestos abatement, for an Administra-
tion Building site study, and for the Sharpe Health School Mod-
ernization Project: Provided further, 
That $12,819,000 of the 
$272,526,000 shall be available to the University of the District of 
Columbia for the construction of an underground parking extension 
at the Van Ness campus, for architectural barrier removal, for 
heating, ventilation, and air conditioning and partition modifica-
tion, for a security system evaluation, and for the design and project 
management of the Mount Vernon Square campus: Provided fur-
ther, That $500,000 of the $272,526,000 shall be available to the 
District of Columbia School of Law for general repair, rehabilitation, 
and improvement projects: Provided further. That all such funds 
shall be available only for the specific projects and purposes in-
tended: Provided further. That notwithstanding the foregoing, all 
authorizations for capital outlay projects, except those projects cov-
ered by the first sentence of section 23(a) of the Federal-Aid High-
way 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, 1989, except 
authorizations for projects as to which funds have been obligated in 
whole or in part prior to September 30, 1989: Provided further. That 
upon expiration of any such project authorization the funds pro-
vided herein for the project shall lapse. 
WATER AND SEWER ENTERPRISE FUND 
For the Water and Sewer Enterprise Fund, $169,013,000, of which 
$31,720,000 shall be apportioned and payable to the debt service 
fund for repayment of loans and interest incurred for capital 
improvement projects. 
For construction projects, $7,358,000, as authorized by an Act 
authorizing the laying of water mains and service sewers in the 
District of Columbia, the levying of assessments therefor, and for 
other purposes, approved April 22,1904 (33 Stat. 244; Public Law 58-
140; D.C. Code, sec. 43-1512 et seq.): Provided, That the requirements 
and restrictions which are applicable to general fund capital 
improvement projects and which are set forth in this Act under the 
Capital Outlay appropriation title shall apply to projects approved 
under this appropriation title. 
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND 
For the Lottery and Charitable Games Enterprise Fund estab-
lished by the District of Columbia Appropriation Act for fiscal year 
1982, approved December 4, 1981, as amended (95 Stat. 1174, 1175; 
Public Law 97-91), 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, sees. 2-2501 et seq. and 22-1516 et 
seq.), $5,458,000, to be derived from non-Federal District of Columbia 
revenues: Fi-ovided, That the District of Columbia shall identify the 
sources of funding for this appropriation title from its own locally-
generated revenues: Provided further, That no revenues from Fed-
eral sources shall be used to support the operations or activities of 
the Lottery and Charitable Games Control Board. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-98 
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.), $250,000. 
GENERAL PROVISIONS 
SEC. 101. The expenditure of any appropriation under this Act for Contracts. 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public inspec-
tion, 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 checl^ 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 maxi-
mum amount that may be expended for said purpose or object 
rather than an amount set apart exclusively therefor, except for 
those funds and programs for the Metropolitan Police Department 
under the heading "Public Safety and Justice" which shall be 
considered as the amounts set apart exclusively for and shall be 
expended solely by that Department; and the appropriation under 
the heading "Repayment of General Fund Deficit" which shall be 
considered as the amount set apart exclusively for and shall be 
expended solely for that purpose. 
SEC. 104. Appropriations in this Act shall be available, when 
authorized by the Mayor, for allowances for privately owned auto-
mobiles 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 ex-
penses 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 the Council of the 
District of Columbia and the District of Columbia Courts may 
expend such funds without authorization by the Mayor. 
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 noth-
ing contained in this section shall be construed as modifying or 
affecting the provisions of section ll(cX3) of title XII of the 
District of Columbia Income and Franchise Tax Act of 1947, ap-
proved March 31, 1956 (70 Stat. 78; Public Law 84-460; D.C. Code, 
sec. 47-1812.11(cX3)). 
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. La^^ 4-101; D.C. Code, sec. 3-
101 STAT. 1329-99 
PUBLIC LAW 100-202—DEC. 22, 1987 
205.44), and for the non-Federal share of funds necessary to qualify 
for Federal assistance under the Juvenile Delinquency Prevention 
and Control Act of 1968, approved July 31, 1968 (82 Stat. 462; Public 
Law 90-445; 42 U.S.C. 3801 et seq.). 
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. Not to exceed 4 VT. per centum of the total of all funds 
appropriated by this Act for personal compensation may be used to 
pay the cost of overtime or temporary positions. 
SEC. 110. Appropriations in this Act shall not be available, during 
the fiscal year ending September 30, 1988, for the compensation of 
any person appointed to a permanent position in the District of 
Columbia government during any month in which the number of 
employees exceeds 37,393, the number of positions authorized by 
this Act. 
SEC. 111. 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 the avail-
ability of school buildings for the use of any community or partisan 
political group during non-school hours. 
SEC. 112. The annual budget for the District of Columbia govern-
ment for the fiscal year ending September 30, 1989, shall be 
transmitted to the Congress no later than April 15, 1988. 
SEC. 113. 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 House 
Committee on the District of Columbia, the Subcommittee on 
Governmental Efficiency, Federalism 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. 114. 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. 115. None of the funds contained in this Act shall be made 
available to pay the salary of any employee of the District of 
Columbia government whose name and salary are not available for 
public inspection. 
SEC. 116. 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. 
Abortion. 
SEC. 117. None of the Federal funds provided in this Act shall be 
used to perform abortions except where the life of the mother would 
be endangered if the fetus were carried to term; or except for such 
medical procedures necessary for the victims of rape or incest, when 
such rape or incest has been reported promptly to a law enforce-
ment agency or public health service. Nor are payments prohibited 
for drugs or devices to prevent implantation of the fertilized ovum, 
or for medical procedures necessary for the termination of an 
ectopic pregnancy. 
. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-100 
SEC. 118. At the start of the fiscal year, the Mayor shall develop 
an annual plan, by quarter and by project, for capital outlay borrow-
ings: Provided, That within a reasonable time after the close of each Reports, 
quarter, the Mayor shall report to the Council of the District of 
Columbia and the Congress the actual borrowing and spending 
progress compared with projections. 
SEC. 119. The Mayor shall not borrow any funds for capital 
projects unless he 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. 120. The Mayor shall not expend any moneys borrowed for 
capital projects for the operating expenses of the District of Colum-
bia government. 
SEC. 121. None of the funds appropriated in this Act may be used 
for the implementation of a personnel lottery with respect to the 
hiring of fire fighters or police officers. 
SEC. 122. None of the funds appropriated by this Act may be 
obligated or expended by reprogramming except pursuant to ad-
vance approval of the reprogramming granted according to the 
procedure set forth in the Joint Explanatory Statement of the 
Committee of Conference (House Report No. 96-443) which accom-
panied the District of Columbia Appropriation Act, 1980, approved 
October 30, 1979 (93 Stat. 713; Public Law 96-93), as modified in 
House 
Report 
No. 
98-265, 
and 
in 
accordance 
with 
the 
Reprogramming Policy Act of 1980, effective September 16, 1980 
(D.C. Law 3-100; D.C. Code, sec. 47-361 et seq.). 
SEC. 123. None of the Federal funds provided in this Act shall be 
obligated or expended to provide a personal cook, chauffeur, or other 
personal servants to any officer or employee of the District of 
Columbia. 
SEC. 124. 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 aver-
age of less than 22 miles per gallon: Provided, That this section shall 
not apply to security, emergency rescue, or armored vehicles. 
SEC. 125. (a) Notwithstanding section 422(7) of the District of 
Columbia Self-Government and Governmental Reorganization 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) for any position for any period during the last quarter of calendar 
year 1987 shall be deemed to be the rate of pay payable for that 
position for September 30,1987. 
(c) Notwithstanding section 4(a) of the District of Columbia Re-
development 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, a per diem compensation at a rate 
established by the Mayor. 
101 STAT. 1329-101 
PUBLIC LAW 100-202—DEC. 22, 1987 
SEC. 126. Notwithstanding any other provision of law, the provi-
sions of the District of Columbia Government Comprehensive Merit 
Personnel Act of 1978, effective March 8, 1979 (D.C Law 2-189; D.C. 
Code, sec. 1-601.1 et seq.), enacted pursuant to section 422(8) of the 
District of Columbia Self-Government and Governmental Reorga-
nization Act, approved December 24, 1978 (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 govenment 
shall not be subject to the provisions of title 5 of the United States 
Code. 
SEC. 127. The Director of the Department of Administrative Serv-
ices 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), 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 advan-
tageous to the District in terms of economy, efficiency and the 
District's best interest. 
SEC. 128. No later than 30 days after the end of the first quarter of 
fiscal year 1988, the Mayor of the District of Columbia shall submit 
to the Council of the District of Columbia the new fiscal year 1988 
revenue estimate as of the end of the first quarter of fiscal year 
1988: Provided, That these estimates shall be used in the fiscal year 
1989 annual budget request: Provided further, That the officially 
revised estimates at midyear shall be used for the midyear report. 
SEC. 129. Section 466(b) of the District of Columbia Self-Govern-
ment and Governmental Reorganization Act, approved December 
24, 1973 (87 Stat. 806; Public Law 93-198; D.C. Code, sec. 47-326), is 
amended by striking out "sold before October 1, 1987" and inserting 
in lieu thereof "sold before October 1, 1988". 
SEC. 130. No sole source contract with the District of Columbia 
government or any agency thereof may be renewed or extended 
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), 
except that the District of Columbia Public Schools 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 Board of Education rules and procedures. 
SEC. 131. For purposes of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (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 Public 
Law 99-177, as amended. 
SEC. 132. Beginning with the fiscal year 1988, amounts appro-
priated for any fiscal year as the Federal payment to the District of 
Columbia under the District of Columbia Self-Government and 
Governmental Reorganization Act, as amended (D.C. Code, section 
47-3406), shall not be subject to apportionment and shall be paid by 
the Secretary of the Treasury to the District of Columbia no later 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-102 
than 15 days after the beginning of the fiscal year for which they are 
appropriated (or no later than 15 days after the date of the enact-
ment of the appropriating Act, if later). 
SEC. 133. Beginning with the fiscal year 1988, amounts appro-
priated for any fiscal year for payment to the District of Columbia in 
lieu of reimbursement for charges for water and water services and 
sanitary sewer services furnished to facilities of the United States 
Government, under sections 106 and 212 of the District of Columbia 
Public Works Act of 1954, £is amended (D.C. Code, sections 43-1552, 
43-1612), shall be automatically apportioned in four equal amounts 
for the four quarters of the fiscal year and each such amount shall 
be paid in full by the Secretary of the Treasury to the District of 
Columbia on the first day of the beginning of the fiscal quarter 
involved without further justification by the District of Columbia 
government. 
SEC. 134. None of the funds available to the District of Columbia 
government shall be used for any purpose involved in billing individ-
ual agencies or establishments for water and water services and 
sanitary sewer services traditionally funded under the account 
"Federal Payment for Water and Sewer Services" unless and until 
existing statutes (sections 106 and 212 of the District of Columbia 
Public Works Act of 1954, as amended. Public Law 364, approved 
May 18, 1954) are amended to specifically provide for such billing. 
SEC. 135. Federal funds hereafter appropriated to the District of 31 USC 1512 
Columbia government shall not be subject to apportionment except note. 
to the extent specifically provided by statute. 
SEC. 136. After the effective date of this Joint Resolution, the 
President of U.S. 
President shall include, without change, in each annual budget 
31 USC 1105 
submitted to the Congress under section 1105 of title 31, United 
"°^' 
States Code, the values estimated by the Mayor of the District of 
Columbia for water and water services and sanitary sewer services 
furnished to facilities of the United States Government under sec-
tions 106 and 212 of the District of Columbia Public Works Act of 
1954, as amended (D.C. Code, sections 43-1552, 43-1612). 
TITLE II 
FISCAL YEAR 1987 SUPPLEMENTAL 
DISTRICT OF COLUMBIA FUNDS 
GOVERNMENTAL DIRECTION AND SUPPORT 
(INCLUDING RESCISSION) 
For an additional amount for "Governmental direction and sup-
port", $3,115,000: Provided, That of the funds appropriated under 
this heading for fiscal year 1987 in H.R. 5175 as enacted in section 
101(d) of Public Law 99-500 and Public Law 99-591, $1,056,000 are 
rescinded: Provided further. That notwithstanding any other provi-
sion of law, there is appropriated $1,000,000 to pay legal, manage-
ment, investment, and other fees and administrative expenses of the 
District of Columbia Retirement Board, which shall be derived from 
the earnings of the applicable retirement funds. 
101 STAT. 1329-103 
PUBLIC LAW 100-202—DEC. 22, 1987 
ECONOMIC DEVELOPMENT AND REGULATION 
(INCLUDING RESCISSION) 
For an additional amount for "Economic development and regula-
tion", $309,000: Provided, That of the funds appropriated under this 
heading for fiscal year 1987 in H.R. 5175 as enacted in section 101(d) 
of Public Law 99-500 and Public Law 99-591, $5,281,000 are 
rescinded. 
PUBLIC SAFETY AND JUSTICE 
For an additional amount for "Public safety and Justice", 
$60,355,000, including ten additional passenger-carrying vehicles for 
the Fire Department. 
PUBLIC EDUCATION SYSTEM 
(INCLUDING RESCISSION) 
For an additional amount for "Public education 
system", 
$4,810,000, to be allocated as follows: $2,250,000 additional for the 
public schools of the District of Columbia; $1,354,000 additional for 
the University of the District of Columbia; $1,146,000 additional for 
the District of Columbia School of Law, which amount shall remain 
available until expended; $60,000 additional for the Educational 
Institution Licensure Commission: Provided, That of the funds 
appropriated under this heading for fiscal year 1987 in H.R. 5175 as 
enacted in section 101(d) of Public Law 99-500 and Public Law 99-
591, $300,000 for the Public Library and $400,000 for the District of 
Columbia Teachers' Retirement Fund are rescinded. 
HUMAN SUPPORT SERVICES 
(INCLUDING RESCISSION) 
For an additional amount for "Human support services", 
$5,545,000: Provided, That $3,445,000 of this appropriation, to 
remain available until expended, shall be available solely for Dis-
trict of Columbia employees' disability compensation: Provided fur-
ther. That of the funds appropriated under this heading for fiscal 
year 1987 in H.R. 5175 as enacted in section 101(d) of Public Law 99-
500 and Public Law 99-591, $4,067,000 are rescinded. 
PUBLIC WORKS 
(INCLUDING RESCISSION) 
'"^•*^ 
For an additional amount for "Public works", $1,140,000: Pro-
vided, That of the funds appropriated under this heading for fiscal 
year 1987 in H.R. 5175 as enacted in section 101(d) of Public Law 99-
500 and Public Law 99-591, $6,400,000 are rescinded. 
REPAYMENT OF LOANS AND INTEREST 
(RESCISSION) 
Of the funds appropriated under this heading for fiscal year 1987 
in H.R. 5175 as enacted in section 101(d) of Public Law 99-500 and 
Public Law 99-591, $3,488,000 are rescinded. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-104 
PERSONAL SERVICES 
For an additional amount for "Personal services", $1,800,000, to 
be apportioned by the Mayor to the various appropriations titles for 
optical and dental costs for nonunion employees. 
CAPITAL OUTLAY 
For an additional amount for "Capital outlay", $20,585,000: Pro-
vided, That $310,000 of this additional amount shall be for project 
management and $240,000 of this additional amount shall be for 
design by the Director of the Department of Public Works or by 
contract for architectural engineering services, as may be deter-
mined by the Mayor, and that the 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. 
GENERAL PROVISIONS 
SEC. 201. Notwithstanding any other provision of law, appropria-
tions made and authority granted pursuant to this title shall be 
deemed to be available for the fiscal year ending September 30, 1987, 
This Act may be cited as the "District of Columbia Appropriations 
Act, 1988". 
(d) Such amounts as may be necessary for programs, projects or 
activities provided for in the Energy and Water Development Appro-
priations Act, 1988, at a rate of operations and to the extent and in 
the manner provided for, the provisions of such Act to be effective as 
if it had been enacted into law as the regular appropriations Act, as 
follows: 
A N A C r 
Energy and 
Water 
Making appropriations for energy and water development for the flscal year ending 
Development 
September 30, 1988, and for other purposes. 
Appropriation 
Act, 1988. 
TITLE I 
DEPARTMENT OF DEFENSE—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
The following appropriations shall be expended under the direc-
tion of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the 
Army pertaining to rivers and harbors, flood control, beach erosion, 
and related purposes. 
GENERAL INVESTIGATIONS 
For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood control, shore 
protection, and related projects, restudy of authorized projects, mis-
cellaneous investigations, and when authorized by laws, surveys and 
detailed studies and plans and specifications of projects prior to 
construction, $138,767,000, to remain available until expended: Pro-
101 STAT. 1329-105 
PUBLIC LAW 100-202—DEC. 22, 1987 
vided. That the Secretary of the Army is directed to proceed expedi-
tiously with the feasibility study for the multipurpose project at 
Sunset Harbor, California, to demonstrate the feasibility of the 
financing mechanism of section 916 of Public Law 99-662 and to 
undertake the wetlands restoration and other project purposes set 
forth in section 1119 of Public Law 99-662: Provided further. That 
not to exceed $19,700,000 shall be available for obligation for re-
search and development activities: Provided further. That of the 
amounts appropriated under this heading $220,000 shall be avail-
able for a reconnaissance study of the South Fork of the Sangamon 
River, Illinois. 
Using funds previously appropriated in the Energy and Water 
Development Appropriation Act, 1987, Public Law 99-591, the Sec-
retary of the Army is directed to undertake the following study: 
Indiana Shoreline Erosion, including preconstruction engineering 
and design, Indiana. 
The Secretary of the Army, acting through the Chief of Engineers, 
is directed to undertake the following items under General Inves-
tigations in fiscal year 1988: 
Greenwood Lake, New Jersey; 
East Bank Stabilization, New Jersey; 
Beatties Dam, New Jersey; 
Olcott Harbor Improvements, New York; 
Atlantic Coast of New York City from Rockaway Inlet to 
Norton Point, New York (Coney Island Area); 
Red River Waterway, Shreveport, Louisiana to Index, 
Arkansas; 
Beaver Lake, Arkansas; 
Brunswick County Beaches, North Carolina; 
Westwego to Harvey Canal, Louisiana; 
McCook and Thornton Reservoirs (CUP), Illinois; 
Miami Harbor, Florida (cleanup); 
St. Petersburg, Florida (coastal areas); 
Little River, Horatio, Arkansas. 
The Secretary of the Army is directed to expand the scope of the 
Denison Dam-Lake Texoma, Texas and Oklahoma, General Inves-
tigation study, authorized by United States Senate Public Works 
Committee Resolutions on April 30, 1960, and April 12, 1965, to 
consider alternatives for improving management and utilization of 
water resources of the Red River Beisin at and above the Denison 
Dam-Lake Texoma project and to include consideration of the fea-
sibility of additional reservoirs upstream of Denison Dam and direct 
current interconnections between the Southwest Power Pool and the 
Electric Reliability Council of Texas. 
Funds are included herein for the Arthur Kill extension to Fresh 
Kills, near Carteret, New Jersey, to continue the ongoing post 
authorization planning, engineering and design provided that the 
level of detail shall be commensurate with General Design Memo-
randum level so that at the conclusion of the current effort and 
Secretary of the Army approval under section 20205) of Public Law 
99-662, only the preparation of plans and specifications will be 
necessary before construction. 
The Secretary of the Army shall allocate $395,000 to continue 
preconstruction engineering and design and develop and execute a 
local cooperative agreement covering all elements of the Roanoke 
River Upper Basin, Virginia, project as described in the report of the 
Chief of Engineers dated August 5, 1985, and authorized in section 
PUBLIC LAW 100-202—DEC. 22, 1987 
lOl STAT. 1329-106 
401(a) of the Water Resources Development Act, 1986 (Public Law 
99-662). 
The Secretary of the Army, acting through the Chief of Engineers, 
is directed to include preconstruction engineering and design for the 
upper Green Brook Sub-Basin and the Stony Brook Tributary, as 
authorized in the Water Resources Development Act of 1986, as part 
of preconstruction engineering and design for the flood control 
project for the Raritan River Basin, Green Brook Sub-Basin, New 
Jersey. 
CONSTRUCTION, GENERAL 
For the prosecution of river and harbor, flood control, shore 
protection, and related projects authorized by laws; and detailed 
studies, and plans and specifications, of projects (including those for 
development with participation or under consideration for participa-
tion by States, local governments, or private groups) authorized or 
made eligible for selection by law (but such studies shall not con-
stitute 
a commitment 
of the Government 
to construction), 
$1,077,985,000 of which such sums as are necessary pursuant to 
Public Law 99-662 shall be derived from the Inland Waterway Trust 
Fund, to remain available until expended, and of which not more 
than $7,000,000 shall be available to pay the authorized governing 
body of the Tohono O'odham Nation in accordance with the provi-
sions of section 4(a) of Public Law 99-469; and in addition, 
$103,690,000, to remain available until expended, for construction of 
the Red River Waterway, Mississippi River to Shreveport, Louisi-
ana, 
project, 
$87,000,000 for 
work 
presently 
scheduled 
and 
$16,690,000 with which the Secretary of the Army is directed, as a 
minimum to award continuing contracts in fiscal year 1988 for 
construction and completion of each of the following features of the 
Red River Waterway: in Pool 3, Nantachie/Red Bayou Revetment 
Extension and Grain and Eureka Revetments; in Pool 4, Gahagan, 
Piermont, Nichols and Howard Realignments and Coushatta 
Capout; and in Pool 5, Cuples Revetment; and the amount provided 
herein includes $2,000,000 with which the Secretary of the Army is 
directed to initiate an accelerated design schedule for Locks and 
Dams 4 and 5 in order to initiate the first phase construction of 
Locks and Dams 4 and 5 by April 1990 and to complete construction 
of the Locks and Dams by 1994. None of these contracts are to be 
considered fully funded and contracts are to be initiated with funds 
herein provided; and in addition, $13,500,000, to remain available 
until expended, together with funds heretofore or hereafter appro-
priated, with which the Secretary of the Army is directed to award a 
single continuing contract for construction and completion of the 
Cooper River Seismic modification, South Carolina, project au-
thorized by Public Law 98-63: Provided, That no fully allocated 
funding policy shall apply with respect to the construction of this 
project; and in addition, $5,000,000, to be made available to Metro-
politan Dade County, Florida, for the purpose of a 50 per centum, 
cost-shared project, including environmental restoration, hurricane 
protection facilities and approximately one mile of dock space, 
establishing public access and a regional public park along the 
Miami River in the Allapatah community across from Curtis Park. 
The Secretary of the Army is directed to initiate construction of 
the Presque Isle Peninsula, Erie, Pennsylvania (Permanent Project), 
authorized in section 501(a) of Public Law 99-662. The project to be 
constructed is described in the report of the Chief of Engineers dated 
91-194 O - 90 -15 : QL.3 Part 2 
101 STAT. 1329-107 
PUBLIC LAW 100-202—DEC. 22, 1987 
October 2, 1981. Of amounts provided herein, $500,000 is to be used 
to initiate construction of the Presque Isle Peninsula project in fiscal 
year 1988. 
Within available funds, the Secretary of the Army is hereby 
directed to construct streambank protection measures along the 
west shoreline of the city of Guntersville, Alabama, on Guntersville 
Lake, under the authority of section 14 of Public Law 79-526. 
The Secretary of the Army, acting through the Chief of Engineers, 
is directed to undertake the following projects in fiscal year 1988: 
Sandy Hook to Barnegat Inlet, including Sea Bright to Ocean 
Township and Asbury Park to Manasquan, New Jersey; 
New Melones Lake, California; 
Barbourville, Kentucky (Levisa/Tug Forks of Big Sandy River 
and Upper Cumberland River, West Virginia, Virginia and 
Kentucky); 
Harlan, Kentucky (Levisa/Tug Forks of Big Sandy River and 
Upper Cumberland River, West Virginia, Virginia and Ken-
tucky): Provided, That no fully allocated funding policy shall 
apply with respect to the construction of Barbourville, Ken-
tucky, and Harlan, Kentucky (Levisa/Tug Forks of Big Sandy 
River and Upper Cumberland River, West Virginia, Virginia 
and Kentucky); 
Walnut and Cherry Street Bridges, Massillon, Ohio; 
Mill Creek, Fort Smith, Arkansas; 
Cape May Inlet to Lower Township, New Jersey; 
Ouachita River Levees, Louisiana; 
Gentilly, Minnesota; 
Century Park, Lorain, Ohio; 
^ ,, 
Community Park, Sheffield Lake, Ohio; 
., 
^
^ ,, 
Tangier Island, Virginia; 
Shelburne Bay, Vermont. 
The Secretary of the Army, using funds provided by this resolu-
tion, is directed to initiate construction of the Parker Lake Project, 
and is directed, as a minimum, to award continuing contracts in 
fiscal year 1988 for construction and completion of construction of 
the access road and project office and the purchase of necessary land 
for the Parker Lake Project. 
The Secretary of the Army, using funds provided by this resolu-
tion, is directed to construct in accordance with Public Law 99-662 
the Mud Creek Bridge Replacement Project at Eufaula Lake, 
Oklahoma. 
The Secretary of the Army is authorized and directed to use the 
sum of $11,000,000 herein appropriated and which is to remain 
available until expended to carry out the provisions for the harbor 
modifications of the Cleveland Harbor, Ohio project contained in 
Public Law 99-662. The provisions include bulkheading and other 
necessary repairs at Pier 34 and approach channels and necessary 
protective structures for mooring basins for transient vessels in the 
area south of Pier 34 with necessary material to fill the area 
between Piers 34 and 36 with remaining fill to be disposed in the 
existing containment site 14. The local sponsor will provide the 
Corps of Engineers with the design plans for these projects. The 
Corps of Engineers shall also conduct a study, pursuant to section 
992, of the Cuyahoga River and harbor modifications required by the 
Cleveland Cuyahoga County Port Authority. The Corps of Engineers 
shall also be directed to provide technical assistance for these 
harbor modifications to the Cleveland-Cuyahoga County Port 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-108 
Authority and Pier 34. Congress hereby finds the project justified; 
and, for all elements in this appropriation, the funds expended by 
the Ohio Department of Natural Resources beginning with the first 
quarter of fiscal year 1986 in the area south of Pier 34 shall be 
considered eligible as non-Federal share consistent with the provi- 
? 
sions of section 215 of Public Law 90-483, as amended. The Corps of 
Engineers shall inform the Congress of any delays in the project. 
The Secretary of the Army is directed to dredge Saxon Harbor, 
Wisconsin, and to construct wood cribs as a permanent solution to 
the damages being caused by the Federal navigation project under 
the provisions of section 111 of the 1968 River and Harbor Act, 
Public Law 90-483, as amended. 
The Secretary of the Army is directed to accomplish channel 
rehabilitation, repair and rehabilitation of fourteen pump stations 
and appurtenant works and rehabilitation and replacement of 
bridge structures in the vicinity of the East Side Levee and Sanitary 
District in East St. Louis, Illinois, by making available $1,000,000 in 
fiscal year 1988. 
The Secretary of the Army, because of the Federal trust relation-
ship that links the United States and Indian people, is directed to 
expend within available funds not to exceed $50,000 to plan and not 
to exceed $700,000 to design and engineer appropriate works to 
alleviate high ground water problems on agricultural lands owned 
by Cochiti Pueblo, New Mexico, directly downriver from Cochiti 
Dam: Provided, however, That no such funds shall be expended by 
the Secretary for design and engineering until the Secretary and the 
Tribal council of the Pueblo have agreed in writing to a plan of 
design that, in the judgment of both parties, will resolve the prob-
lems related to such high ground water: And, Provided, That 
the Secretary and the Tribal Council of the Pueblo shall continue to 
negotiate, and, if the parties so agree, the Secretary shall submit to 
Congress, if appropriate, a proposed settlement that would be in lieu 
of, or in addition to, any construction of works for the purposes of 
alleviating high ground water problems. For the purposes of this 
negotiation only, the provisions of section 3 of the Act of May 15, 
1928 (45 Stat. 535, ch. 569; 33 U.S.C. 702c) and sections 2401(a), 
2401(b), and 2680(a) of title 28, United States Code, are waived. 
Nothing in this paragraph shall be construed to prejudice the rights, 
responsibilities, and defense of either party in any litigation be-
tween the Pueblo and the United States, nor commit the Secretary 
of the Army to a structural solution of the controversy. 
The project for flood protection on the Lower San Joaquin River, 
California, authorized by section 10 of the Flood Control Act ap-
proved December 22,1944 (58 Stat. 901), is modified— 
(1) to authorize the Secretary of the Army, acting through the 
Chief of Engineers, to perform, in connection with the clearing 
and snagging authorized to be performed on such river from 
Stockton, California, to Friant Dam as part of such project by 
the Supplemental Appropriations Act, 1983 (97 Stat. 310)— 
(A) clearing and snagging in the area of the North Fork of 
the Kings River in Mendota Pool from the southernly 
boundary of the James Reclamation District Number 1606 
to Mendota Dam; 
(B) fish and wildlife mitigation; and 
(C) such rip-rapping in the area of the clearing and 
snagging on such rivers as may be necessary to prevent 
> 
erosion from such clearing and snagging; and 
101 STAT. 1329-109 
PUBLIC LAW 100-202—DEC. 22, 1987 
(2) to increase the estimated cost of the clearing and snagging 
on the Lower San Joaquin River, including the activities au-
thorized by paragraph (1), from $5,000,000 to $8,000,000. 
The Secretary of the Army, acting through the Chief of Engineers, 
, 
is directed to continue with planning, design, engineering and 
construction of the Des Moines Recreational River and Greenbelt 
project in accordance with the General Design Memorandum dated 
September 1987 and Public Law 99-591 using funds heretofore, 
herein, or hereafter appropriated. 
The following portion of the Hudson River in New York County, 
State of New York, is hereby declared not to be part of the federally 
authorized Channel Deepening Project: that portion of the Hudson 
River lying to the west of the United States Pierhead Line as it 
exists on the effective date of this Act, more specifically described as 
beginning at a point at the intersection of the north side of North 
Cove and the existing pierhead line, proceeding in a northerly 
direction along the existing pierhead line to a point formed by the 
pierhead line and the southerly' side of Vesey Street if extended; 
thence in a westerly direction on a line perpendicular to the existing 
pierhead line 200 feet to a point; thence southerly on a line parallel 
to the existing pierhead line to a point on the northerly line of the 
North Cove if extended; thence in an easterly direction 200 feet to 
the point and place of beginning. This declaration shall apply to all 
or any part of the above-described area used or needed for trans-
Hudson passenger ferry boat service as such may be operated by or 
contracted for operation by a bistate agency created by Compact 
between the States of New York and New Jersey. 
The Secretary of the Army shall allocate $2,800,000 heretofore 
appropriated, and is directed to initiate and complete construction 
of the breakwater for the Port Austin Harbor project in Michigan in 
accordance with the provisions for economic justification of the 
project contained in the River and Harbor Act approved 2 March 
1945 (Public Law 14, 79th Congress, 1st Session). 
Of funds available to the Army Corps of Engineers, Flood Control 
and Navigation, Research and Development, $250,000 shall be made 
available for research to prevent ice jamming and related flooding 
in the Dump Creek area of the Salmon River in Idaho. 
FLOOD CONTROL AND COASTAL EMERGENCIES 
For expenses necessary for emergency flood control, hurricane, 
and shore protection activities, as authorized by section 5 of the 
Flood Control Act, approved August 18, 1941, as amended, 
$20,000,000, to remain available until expended. 
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, 
ILUNOIS, 
KENTUCKY, 
LOUISIANA, 
MISSISSIPPI, 
MISSOURI, 
AND 
TENNESSEE 
For expenses necessary for prosecuting work of flood control, and 
rescue work, repair, restoration, or maintenance of flood control 
projects threatened or destroyed by flood, as authorized by law (33 
U.S.C. 702a, 702g-l), $317,704,000, to remain available until ex-
pended: Provided, That not less than $250,000 shall be available for 
bank stabilization measures as determined by the Chief of Engineers 
to be advisable for the control of bank erosion of streams in the 
Yazoo Basin, including the foothill area, and where necessary such 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-110 
measures shall complement similar works planned and constructed 
by the Soil Conservation Service and be limited to the areas of 
responsibility mutually agreeable to the District Engineer and the 
State Conservationist. In furtherance of the development of the 
Atchafalaya Basin Floodway System, Louisiana, in accordance with 
/ 
Public Laws 99-88 and 99-662, the Secretary of the Army is directed 
to acquire necessary interests in real estate for all features of the 
project, flood control, developmental control, environmental, and 
public access, beginning at the North end of the basin and proceed-
ing southerly. With the funds herein provided, the Secretary is 
further directed to begin to concurrently acquire all real estate 
interests approved for the project as the acquisition process proceeds 
in the manner described in the preceding sentence: Provided fur-
ther. That the Secretary is directed to expedite the acquisition, in fee 
simple, of lands, excluding minerals, for public access in the 
Atchafalaya Basin Floodway System, Louisiana, as authorized by 
Public Laws 99-88 and 99-662, and to expend up to 50 per centum of 
the funds herein provided for this purpose. 
Funds provided to the Corps of Engineers are to be used in 
carrying out advanced engineering and design work on the Helena 
Harbor, Phillips County, Arkansas, project. The Corps will complete 
the advanced engineering and design work and be prepared to let a 
contract for the first phase of the construction not later than 
October 1, 1988. 
The Secretary of the Army shall allocate $180,000 to the 
Mississippi River East Bank, Warren to Wilkerson Counties, Mis-
sissippi, Natchez Area project to complete by May 1988 a reevalua-
tion of alternative plans, submission of a draft reevaluation report/ 
Environmental Impact Statement supplement, coordination of 
report findings with public and other agencies, and completion and 
submission of the final report by December 1988. 
OPERATION AND MAINTENANCE, GENERAL 
For expenses necessary for the preservation, operation, mainte-
nance, and care of existing river and harbor, flood control, and 
related works, including such sums as may be necessary for the 
maintenance of harbor channels provided by a State, municipality 
or other public agency, outside of harbor lines, and serving essential 
needs of general commerce and navigation; surveys and charting of 
northern and northwestern lakes and connecting waters; clearing 
and straightening channels; and removal of obstructions to naviga-
tion, $1,400,000,000 to remain available until expended, of which 
such sums as become available in the Harbor Maintenance Trust 
Fund, pursuant to Public Law 99-662, may be derived from that 
fund, and of which $12,000,000 shall be for construction, operation, 
and maintenance of outdoor recreation facilities, to be derived from 
the special account established by the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 4601): Provided, That not to 
exceed $8,000,000 shall be available for obligation for national emer-
gency preparedness programs: Provided further. That none of the 
funds made available under "Operation and Maintenance, General" 
shall be used to pay the expenses of the Department of the Army 
regulatory activities. 
* 
'*-
The Secretary of the Army, acting through the Chief of Engineers, 
is directed to undertake the following projects in fiscal year 1988: 
Sauk Lake, Minnesota; and Yaquina North Jetty, Oregon. 
101 STAT. 1329-111 
PUBLIC LAW 100-202—DEC. 22, 1987 
GENERAL REGULATORY FUNCTIONS 
For expenses necessary for administration of laws pertaining to 
preservation of navigable waters, $55,262,000, to remain available 
until expended. 
GENERAL EXPENSES 
• 
v; 
For expenses necessary for general administration and related 
functions in the office of the Chief of Engineers and offices of the 
Division Engineers; activities of the Board of Engineers for Rivers 
and Harbors, the Coastal Engineering Research Board, the Engineer 
Automation Support Activity, and the Water Resources Support 
Center, $115,200,000, to remain available until expended. 
ADMINISTRATIVE PROVISIONS 
, <
-
Appropriations in this title shall be available for expenses of 
attendence by military personnel at meetings in the manner au-
thorized by section 4110 of title 5, United States Code, uniforms, and 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902), and 
for printing, either during a recess or session of Congress, of survey 
reports authorized by law, and such survey reports as may be 
printed during a recess of Congress shall be printed, with illustra-
tions, as documents of the next succeeding session of Congress; and 
during the current fiscal year the revolving fund. Corps of Engi-
neers, shall be available for purchase (not to exceed 225 for replace-
ment only) and hire of passenger motor vehicles. 
GENERAL PROVISIONS, CORPS OF ENGINEERS 
VM 
100 Stat. 1196. 
SEC. 101. In section 4(c) of Public Law 99-469, the word "Sec-
retary" is deleted each time it appears and the words "United 
States" are inserted in lieu thereof. 
SEC. 102. The Secretary of the Army is directed to initiate 
construction and to reimburse non-Federal interests for work com-
pleted in conjunction with the North Branch of Chicago River 
project in Illinois. 
SEC. 103. Using funds previously provided in the Energy and 
Water Development Appropriations Act, 1987 (Public Law 99-500 
and Public Law 99-591), the Secretary of the Army is directed to 
proceed with development of the Cross-Florida Barge Canal Con-
servation Management Plan as described in subsection 1114(e) of the 
Water Resources Development Act, 1986 (Public Law 99-662). 
SEC. 104. A project for flood control along the San Timoteo Creek 
in the vicinity of Loma Linda is authorized for construction as part 
of the Santa Ana Mainstem including Santiago Creek Project in 
accordance with plans described in the San Timoteo Interim II of 
the Santa Ana Basin and Orange County study. For purposes of 
economic justification the benefits and costs of the San Timoteo 
Project shall be included together with the benefits and costs of the 
entire Santa Ana Mainstem, including Santiago Creek. The total 
costs for the Santa Ana Mainstem, including Santiago Creek, is to be 
raised by $25,000,000. 
100 Stat. 4243. 
SEC. 105. Section 1124 of Public Law 99-662 is modified to add the 
following new subsection: 
"(e) The dollar amounts listed in this section are based on 
October 1985 price levels. Such amounts shall be subject to adjust-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-112 
ment pursuant to section 902(2) of this Act. Total contributions to 
governments in Canada that are authorized by this section, as 
adjusted pursuant to section 902(2) of this Act, may fluctuate to 
reflect changes in the rate of exchange for currency between the 
United States and Canada that occurred between October 1985 and 
the time contributions are made.". 
SEC. 106. The undesignated paragraph under the heading "Puerco 
River and Tributaries, New Mexico" in section 401(a) of Public Law 
99-662 (100 Stat. 4082) is amended by striking out "$4,190,000", 100 Stat. 4111. 
"$3,140,000", and "$1,050,000" and inserting in lieu thereof 
"$7,300,000", "$5,500,000", and "$1,800,000", respectively. 
SEC. 107. None of the funds made available under "Department of 
Defense-Civil, Department of the Army, Corps of Engineers-Civil", 
except as provided for under "General Regulatory Functions", shall 
be used to pay the expenses of the Department of the Army-Civil 
regulatory activities. 
SEC. 108. The McClellan-Kerr Arkansas River navigation project 
• 
authorized under the comprehensive plan for the Arkansas River 
Basin by section 3 of the Act entitled "An Act authorizing the 
construction of certain public works on rivers and harbors for flood 
control, and for other purposes", approved June 28, 1938 (52 Stat. 
1218), and section 10 of the Flood Control Act of 1946 (60 Stat. 647), 
is modified to include municipal, industrial and agricultural water 
supply as authorized project purposes. Withdrawals of water for 
such purposes may be permitted to the extent that such withdrawals 
are consistent with applicable State laws and do not interfere with 
the other authorized purposes. 
SEC. 109. The undesignated paragraph under the heading "Noyes, 
Minnesota, in section 401(d) of Public Law 99-662 (100 Stat. 4131) is 
amended by striking out "$250,000" and inserting in lieu thereof 
"$650,000". 
SEC. 110. The Chief of Engineers is directed to retain three 
33 USC 576 note 
operational aircraft authorized pursuant to section 101 of the Act of 
July 27, 1953, 67 Stat. 199, together with their attendant crews, and 
may only dispose of any of these aircraft if authorized to do so by a 
future congressional enactment for that purpose. The Chief of 
Engineers shall provide at least thirty days advance written 
notification to the Appropriations Committees of the Senate and 
House of Representatives of any intended use of any of these 
aircraft for a trip destined outside the United States or its terri-
tories or possessions. 
SEC. 111. The section entitled "TRANSFER OF FEDERAL TOWNSITES" 
in the Supplemental Appropriations Act, 1985, title 1, chapter IV 
(Public Law 99-88, 99 Stat. 317) as amended by section 1123 of the 
Water Resources Development Act, 1986 (Public Law 99-662) is 
100 Stat. 4242. 
further amended as follows: 
(1) By deleting all that follows the colon in paragraph (7); 
(2) By adding a new paragraph at the end of paragraph (7) as 
follows: 
"(8) The Secretary shall, at full Federal expense for a period 
not to exceed three years from the date of the transfer of the 
townsite to the municipal corporation, continue to operate and 
maintain such corporation's electrical distribution system, 
including street lights, and to provide or assume the cost of 
electric power, natural g£is, and liquified petroleum gas to 
buildings and facilities owned and operated by the corporation 
and to public school buildings located within the municipality.". 
101 STAT. 1329-113 
PUBLIC LAW 100-202—DEC. 22, 1987 
, ,.j 
, 
TITLE II 
V 
- ^ 
.' ' 
DEPARTMENT OF THE INTERIOR 
BUREAU OF RECLAMATION 
For carrying out the functions of the Bureau of Reclamation as 
provided in the Federal reclamation laws (Act of June 17, 1902, 32 
il .. 
Stat. 388, and Acts amendatory thereof or supplementary thereto) 
and other Acts applicable to that Bureau as follows: 
" 
GENERAL INVESTIGATIONS 
For engineering and economic investigations of proposed Federal 
reclamation projects and studies of water conservation and develop-
ment plans and activities preliminary to the reconstruction, re-
habilitation and betterment, financial adjustment, or extension of 
existing projects, to remain available until expended, $16,590,000: 
Provided, That of the total appropriated, the amount for program 
activities which can be financed by the reclamation fund shall be 
derived from that fund: Provided further, That all costs of an 
advance planning study of a proposed project shall be considered to 
be construction costs and to be reimbursable in accordance with the 
allocation of construction costs if the project is authorized for 
construction: Provided further. That funds contributed by non-Fed-
eral entities for purposes similar to this appropriation shall be 
available for expenditure for the purposes for which contributed as 
though specifically appropriated for said purposes, and such 
amounts shall remain available until expended. 
s^n 
CONSTRUCTION PROGRAM 
(INCLUDING TRANSFER OF FUNDS) 
For construction and rehabilitation of projects and parts thereof 
(including power transmission facilities for Bureau of Reclamation 
use) and for other related activities as authorized by law, to remain 
available until expended $703,716,000, of which $143,143,000 shall be 
available for transfers to the Upper Colorado River Basin Fund 
authorized by section 5 of the Act of April 11, 1956 (43 U.S.C. 620d), 
and $152,498,000 shall be available for transfers to the Lower Colo-
rado River Basin Development Fund authorized by section 403 of the 
Act of September 30, 1968 (43 U.S.C. 1543), and such amounts as 
may be necessary shall be considered as though advanced to the 
Colorado River Dam Fund for the Boulder Canyon Project as au-
thorized by the Act of December 21, 1928, as amended: Provided, 
That of the total appropriated, the amount for program activities 
which can be financed by the reclamation fund shall be derived from 
that fund: Provided further. That transfers to the Upper Colorado 
River Basin Fund and Lower Colorado River Basin Development 
Fund may be increased or decreased by transfers within the overall 
appropriation to the heading: Provided further, That funds contrib-
uted by non-Federal entities for purposes similar to this appropria-
tion shall be available for expenditure for the purposes for which 
contributed as though specifically appropriated for said purposes, 
and such funds shall remain available until expended: Provided 
further. That approximately $5,630,000 in unobligated balances of 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-114 
Teton Dam Failure Payment of Claims funds provided under Public 
Laws 94-355 dated July 12, 1976, and 94-438, dated September 30, 
1976, shall be available for use on projects under this appropriation: 
Provided further, That the final point of discharge for the intercep-
tor drain for the San Luis Unit shall not be determined until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform with the water quality 
standards of the State of California as approved by the Adminis-
trator of the Environmental Protection Agency, to minimize any 
detrimental effect of the San Luis drainage waters: Provided fur- 
, 
ther, That no part of the funds herein approved shall be available 
for construction or operation of facilities to prevent waters of Lake 
Powell from entering any national monument: Provided 
further. 
That of the amount herein appropriated, such amounts as may be 
necessary shall be available to enable the Secretary of the Interior 
/ 
to continue work on rehabilitating the Velarde Community Ditch 
Project, New Mexico, in accordance with the Federal Reclamation 
Laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory 
thereof or supplementary thereto) for the purposes of diverting and 
conveying water to irrigated project lands. The cost of the re-
habilitation will be nonreimbursable and constructed features will 
be turned over to the appropriate entity for operation and mainte-
nance: Provided further, That of the amount herein appropriated, 
such amounts as may be required shall be available to continue 
improvement activities for the Lower Colorado Regional Complex: 
Provided further, That the funds contained in this Act for the 
Garrison Diversion Unit, North Dakota, shall be expended only in 
accordance with the provisions of the Garrison Diversion Unit 
Reformulation Act of 1986 (Public Law 99-294): Provided further. 
That none of the funds appropriated in this Act shall be used to 
study or construct the Cliff Dam feature of the Central Arizona 
Project: Provided further, That Plan 6 features of the Central Ari-
zona Project other than Cliff Dam, including (1) water rights and 
associated lands within the State of Arizona acquired by the Sec-
retary of the Interior through purchase, lease, or exchange, for 
municipal and industrial purposes, not to exceed 30,000 acrefeet; 
and, (2) such increments of flood control that may be found to be 
feasible by the Secretary of the Interior at Horseshoe and Bartlett 
Dams, in consultation and cooperation with the Secretary of the 
Army and using Corps of Engineers evaluation criteria, developed in 
conjunction with dam safety modifications and consistent with ap-
plicable environmental law, are hereby deemed to constitute a 
suitable alternative to Orme Dam within the meaning of the Colo-
rado River Basin Project Act (82 Stat. 885; 43 U.S.C. 1501 et seq.): 
Provided further. That any funds expended under this Act for the 
purpose of conserving endangered fish species of the Colorado River 
system shall be charged against the increased amount authorized to 
be appropriated under the Colorado River Storage Project Act, as 
provided by section 501(A) of the Colorado River Beisin Act of 1968: 
Provided further, That notwithstanding the provisions of the Garri-
son Diversion Unit Reformulation Act of 1986 (Public Law 99-294), 
the James River Comprehensive Report on water resource develop-
ment proposals may be submitted to Congress at a date after 
September 30,1988, but not later than September 30,1989. 
101 STAT. 1329-115 
PUBLIC LAW 100-202—DEC. 22, 1987 
OPERATION AND MAINTENANCE 
For operation and maintenance of reclamation projects or parts 
thereof and other facilities, as authorized by law; and for a soil and 
moisture conservation program on lands under the jurisdiction of 
the Bureau of Reclamation, pursuant to law, to remain available 
until expended, $151,000,000: Provided, 
That of the total appro-
priated, the amount for program activities which can be financed by 
the reclamation fund shall be derived from that fund: 
Provided 
43 use 6l8d 
further, 
That of the total appropriated, such amounts as may be 
"o<«- 
required for replacement work on the Boulder Canyon Project which 
would require readvances to the Colorado River Dam Fund shall be 
readvanced to the Colorado River Dam Fund pursuant to section 5 of 
the Boulder Canyon Project Adjustment Act of July 19, 1940 (43 
U.S.C. 618d), and such readvances since October 1, 1984, and in the 
future shall bear interest at the rate determined pursuant to section 
104(a)(5) of Public Law 98-381: Provided further. That funds ad-
vanced by water users for operation and maintenance of reclama-
tion projects or parts thereof shall be deposited to the credit of this 
appropriation and may be expended for the same objects and in the 
same manner as sums appropriated herein may be expended, and 
such advances shall remain available until expended: Provided fur-
ther, That revenues in the Upper Colorado River Basin Fund shall 
be available for performing examination of existing structures on 
participating projects of the Colorado River Storage Project, the 
costs of which shall be nonreimbursable. 
LOAN PROGRAM 
For loans to irrigation districts and other public agencies for 
construction of distribution systems on authorized Federal reclama-
tion projects, and for loans and grants to non-Federal agencies for 
construction of projects, as authorized by the Acts of July 4,1955, as 
amended (43 U.S.C. 421a-421d), and August 6, 1956, as amended (43 
U.S.C. 422a-4221), including expenses necessary for carrying out the 
program, $32,309,000, to remain available until expended: Provided, 
That of the total sums appropriated, the amount of program activi-
ties which can be financed by the reclamation fund shall be derived 
from that fund: Provided further. That during fiscal year 1988 and 
within the resources and authority available, gross obligations for 
the principal amount of direct loans shall not exceed $31,972,000: 
Provided further. That any contract under the Act of July 4,1955 (69 
Stat. 244), as amended, not yet executed by the Secretary, which 
calls for the making of loans beyond the fiscal year in which the 
contract is entered into shall be made only on the same conditions 
as those prescribed in section 12 of the Act of August 4, 1939 (53 
Stat. 1187,1197). 
GENERAL ADMINISTRATIVE EXPENSES 
For necessary expenses of general administration and related 
functions in the office of the Commissioner, the Denver Engineering 
and Research Center, and offices in the six regions of the Bureau of 
Reclamation, $51,690,000, of which $1,000,000 shall remain available 
until expended, the total amount to be derived from the reclamation 
fund and to be nonreimbursable pursuant to the Act of April 19, 
1945 (43 U.S.C. 377): Provided, That no part of any other appropria-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-116 
tion in this Act shall be available for activities or functions budgeted 
for the current fiscal year as general administrative expenses. 
EMERGENCY FUND 
For an additional amount for the "Emergency fund", as au-
thorized by the Act of June 26, 1948 (43 U.S.C. 502), as amended, to 
remain available until expended for the purposes specified in said 
Act, $1,000,000, to be derived from the reclamation fund. 
SPECIAL FUNDS 
(TRANSFER OF FUNDS) 
Sums herein referred to as being derived from the reclamation 
fund or the Colorado River development fund are appropriated from 
the special funds in the Treasury created by the Act of June 17, 1902 
(43 U.S.C. 391) and the Act of July 19, 1940 (43 U.S.C. 618a), 
respectively. Such sums shall be transferred, upon request of the 
Secretary, to be merged with and expended under the heads herein 
specified; and the unexpended balances of sums transferred for 
expenditure under the head "General Administrative Expenses" 
shall revert and be credited to the special fund from which derived. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the Bureau of Reclamation shall be available 
for purchase of not to exceed 13 passenger motor vehicles of which 
11 shall be for replacement only; payment of claims for damages to 
or loss of property, personal injury, or death arising out of activities 
of the Bureau of Reclamation; payment, except as otherwise pro-
vided for, of compensation and expenses of persons on the rolls of 
the Bureau of Reclamation appointed as authorized by law to rep-
resent the United States in the negotiations and administration of 
interstate compacts without reimbursement or return under the 
reclamation laws; for service as authorized by section 3109 of title 5, 
United States Code, in total not to exceed $500,000; rewards for 
information or evidence concerning violations of law involving prop-
er<y under the jurisdiction of the Bureau of Reclamation; perform-
ance of the functions specified under the head "Operation and 
Maintenance Administration", Bureau of Reclamation, in the In-
terior Department Appropriations Act 1945; preparation and 
dissemination of useful information including recordings, photo-
graphs, and photographic prints; and studies of recreational uses of 
reservoir areas, and investigation and recovery of archeological and 
paleontological remains in such areas in the same manner as 
provided for in the Acts of August 21, 1935 (16 U.S.C. 461-467) and 
June 27, 1960 (16 U.S.C. 469): Provided, That no part of any appro-
priation made herein shall be available pursuant to the Act of April 
19, 1945 (43 U.S.C. 377), for expenses other than those incurred on 
behalf of specific reclamation projects except "General Administra-
tive Expenses" and amounts provided for plan formulation and 
advance planning investigations, and general engineering and re-
search under the head "General Investigations". 
Sums appropriated herein which are expended in the performance 
of reimbursable functions of the Bureau of Reclamation shall be 
returnable to the extent and in the manner provided by law. 
101 STAT. 1329-117 
PUBLIC LAW 100-202—DEC. 22, 1987 
No part of any appropriation for the Bureau of Reclamation, 
contained in this Act or in any prior Act, which represents amounts 
earned under the terms of a contract but remaining unpaid, shall be 
obligated for any other purpose, regardless of when such amounts 
are to be paid: Provided, That the incurring of any obligation 
prohibited by this paragraph shall be deemed a violation of section 
3679 of the Revised Statutes, as amended (31 U.S.C. 1341). 
43 use 377a. 
No funds appropriated to the Bureau of Reclamation for operation 
and maintenance, except those derived from advances by water 
users, shall be used for the particular benefits of lands (a) within the 
boundaries of an irrigation district, (b) of any member of a water 
users' organization, or (c) of any individual when such district, 
organization, or individual is in arrears for more than twelve 
months in the payment of charges due under a contract entered into 
with the United States pursuant to laws administered by the 
Bureau of Reclamation. 
None of the funds made available by this or any other Act shall be 
used by the Bureau of Reclamation for contracts for surveying and 
mapping services unless such contracts for which a solicitation is 
issued after the date of this Act are awarded in accordance with title 
IX of the Federal Property and Administrative Service Act of 1949 
(40 U.S.C. 541 et seq.). 
GENERAL PROVISIONS 
DEPARTMENT OF THE INTERIOR 
SEC. 201. Appropriations 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 facili-
ties 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 avail-
able to the Department of the Interior for emergencies shall have 
been exhausted. 
SEC. 202. The Secretary may authorize the expenditure or transfer 
(within each bureau or office) of any 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 jurisdiction of 
the Department of the Interior. 
SEC. 203. Appropriations in this title shall be available for oper-
ation 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 the Act of 
June 30, 1932 (31 U.S.C. 1535 and 1536): Provided, That reimburse-
ments for costs of supplies, materials, equipment, and for services 
rendered may be credited to the appropriation current at the time 
such reimbursements are received. 
SEC. 204. Appropriations in this title shall be available for hire, 
maintenance, and operation of aircraft; hire of passenger motor 
vehicles; purchases of reprints; payment for telephone services in 
private residences in the field, when authorized under regulations 
approved by the Secretary; and the payment of dues, when au-
thorized by the Secretary, for library membership in societies or 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-118 
associations which issue publications to members only or at a price 
to members lower than to subscribers who are not members. 
SEC. 205. In accordance with repayment contract No. 9-07-70-
W0363, entered into August 29, 1979, as amended December 18, 
1981, for the Farwell Irrigation District, contractual party with the 
Farwell Unit, Middle Loup Division, Pick-Sloan Missouri Basin 
Program, and entitled "Contract between the United States of 
America and the Farwell Irrigation District for Additional Drainage 
Facilities", the costs of such project allocated to irrigation and 
drainage shall not be reimbursable. Payments already made under 
such contract shall be credited against overall payments due the 
United States. 
SEC. 206. Of the appropriations for the Central Utah project, in 
this or any other Act, not more than $18,500,000 of the total in any 
one fiscal year may be expended by the Secretary for all administra-
tive expenses: Provided, That the Inspector General of the Depart-
ment of the Interior shall annually audit expenditures by the 
Bureau of Reclamation to determine compliance with this section: 
Provided further, That none of the Bureau of Reclamation's appro-
priations shall be used to fund the audit: Provided further. That the 
Bureau of Reclamation shall not delay or stop construction of the 
project due to this limitation and shall apply all the remaining 
appropriations to completion of this project, unless continuation of 
work on the Central Utah project would cause administrative ex-
penses attributable to the Central Utah project to be paid from 
funds available for other Bureau of Reclamation projects and 
thereby delay their construction. 
SEC. 207. The Secretary of the Interior is directed to use not to 
exceed $70,000 in fiscal year 1988 for soil classification studies 
required to complete the integration of the Hilltop Irrigation Dis-
trict as a Federal unit of the Pick-Sloan Missouri River Basin 
program. 
SEC. 208. (a) Notwithstanding title II of the Reclamation 
Authorization Act of 1975 (Public Law 94-228), the city of Dickinson, 
North Dakota, is forgiven all obligations incurred by such city under 
the contract (numbered 9-07-60-WR052) entered into with the Sec-
retary of the Interior or his delegatee. 
(b)(1) The Secretary of the Interior, acting through the Commis-
sioner of the Bureau of Reclamation, is authorized to enter into a 
new repayment contract with the city of Dickinson the terms of 
which shall entitle the city of Dickinson to water supply benefits 
provided by the bascule gate project authorized by title II of the 
Reclamation Authorization Act of 1975 in consideration for repay-
ment of the costs of the bascule gate project as provided in para-
graph (2). 
(2) Repayment terms of the new contract shall provide for— 
(A) repayment by the city of Dickinson of the capital cost of 
the bascule gate project of $1,625,000 over a period of 40 years at 
an interest rate of 7.21 per centum per annum; and 
(B) pa3mient of the annual operation, maintenance, and ' 
replacement costs of the project facilities. 
SEC. 209. (a) Notwithstanding any other provisions of law, the city 
of Minot, North Dakota, is relieved of all liability for repayinent to 
the United States of the sum of $1,026,489.29 associated with the 
excess capacity of the Minot Pipeline resulting from enactment of 
the Garrison Diversion Unit Reformulation Act of 1986 (Public Law 
99-294). 
101 STAT. 1329-119 
PUBLIC LAW 100-202—DEC. 22, 1987 
(b) The relief from liability for repayment granted by subsection 
(a) shall be effective retroactive to January 1, 1978, the start of the 
city of Minot's repayment obligation under the 1972 repayment 
contract with the Bureau of Reclamation. 
(c) If the excess capacity referred to in subsection (a) is ever used, 
the city of Minot shall reimburse the United States for the costs 
referred to in subsection (a) proportionate to the actual use of the 
excess capacity. 
SEC. 210. (a) The McGee Creek Project of the Bureau of Reclama-
tion shall not be deemed completed until such time as construction 
of all authorized components of the project are completed, including 
access roads and recreation areas. 
(b) The Bureau of Reclamation shall not transfer title of the 
project to any other entity or require repayment of the project or 
permit refinancing of the project until such time as the project is 
completed according to the terms of (a) above. 
SEC. 211. The Secretary is prohibited from transferring the Office 
of the Commissioner of the Bureau of Reclamation, the Assistant 
Commissioner for Administration and the Office of Foreign Activi-
ties from Washington, D.C. to Denver, Colorado and shall have in 
the Washington office a minimum of sixty professional staff experi-
enced in the following areas: Budget, Foreign Activities, Contracts 
and 
Repayment, 
Resource 
Development 
and 
Management; 
Construction; and Congressional and Public Affairs. The Secretary 
is further prohibited from transferring the Acreage Limitation 
Branch from Denver, Colorado to Washington, D.C. In addition, the 
Bureau shall maintain appropriate administrative support person-
Reports, 
nel for the Washington Office. The Secretary shall submit quarterly 
reports to the Congress, beginning January 1988, on Washington 
office reorganization initiatives to reduce overhead and duplication. 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES 
-Si 
(INCLUDING TRANSFER OF FUNDS) 
For expenses of the Department of Energy activities including the 
purchase, construction and acquisition of plant and capital equip-
ment and other expenses incidental thereto necessary for energy 
supply, research and development activities, and other activities in 
carrying out the purposes of the Department of Energy Organiza-
tion Act (Public Law 95-91), including the acquisition or condemna-
tion of any real property or any facility or for plant or facility 
acquisition, construction, or expansion; purchase of passenger motor 
vehicles (not to exceed 21 for replacement only), $1,988,357,000, to 
remain available until expended; in addition $104,000,000 shall be 
derived by transfer from Uranium Supply and Enrichment Activi-
ties provided in prior years and shall be available until expended; 
and of which $125,800,000 which shall be available only for the 
following facilities: the Institute for Human Genomic Studies at the 
Mount Sinai Medical Center, New York City; the Center for Applied 
Optics, University of Alabama in Huntsville; the Center for Auto-
mation Technology, Drexel University; the Institute for Advanced 
Physics Research, Boston University; the Multi-Purpose Center, 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-120 
Boston College; the Pediatric Research Center at Children's Hos-
pital, Pittsburgh, Pennsylvania; the Cancer Research Center at the 
Medical University of South Carolina; the Oregon Health Science 
University; the Center for Advanced Microstructures and Devices, 
Louisiana State University; the Proton-Beam Demonstration Cancer 
Treatment Center, Loma Linda University Medical Center; the 
Center for Physical and Environmental Science, East Central 
University, Oklahoma; the Barry M. Goldwater Center for Science 
and Engineering, Arizona State University; the Institute of Nuclear 
Medicine, Center for Molecular Medicine and Immunology, Univer-
sity of Medicine and Dentistry, New Jersey; the National Center for 
Chemical Research, Columbia University; and the Combustion Re-
search Facility, Phase II, Sandia Laboratory, Livermore, California; 
and funds provided for byproducts utilization activities shall be 
available only for the following regional projects: Florida Depart-
ment of Agriculture and Consumer Services; Hawaii Department of 
Business and Economic Development; Iowa State University; Okla-
homa, RedArk Development Authority; Washington, Port of Pasco; 
State of Alaska: Provided, That of the amount appropriated under 
this heading for the magnetic fusion program, $8,000,000 shall be 
available to continue research, development, engineering and design 
only of Project 88-R-92, Compact Ignition Tokamak: Provided fur-
ther, That the Princeton Plsisma Physics Laboratory and the Office Reports, 
of Fusion Energy shall submit a report and a 5-year plan based on 
current budgetary resources allocated for fusion energy research to 
the Committees on Appropriations of the House and Senate provid-
ing detailed information, costs and schedules for the concurrent 
construction of the Compact Ignition Tokamak project with the 
continued operation and completion of the Tokamak Fusion Test 
Reactor project. 
i: io: 
'M\} "ii 
URANIUM SUPPLY AND ENRICHMENT ACTIVITIES 
For expenses of the Department of Energy in connection with 
operating expenses; the purchase, construction, and acquisition of 
plant and capital equipment and other expenses incidental thereto 
necessary for uranium supply and enrichment activities in carrying 
out the purposes of the Department of Energy Organization Act 
(Public Law 95-91), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion; purchase of passenger motor vehicles 
(not to exceed 26 for replacement only); $950,000,000, to remain 
available until expended: Provided, That revenues received by the 
Department for the enrichment of uranium and estimated to total 
$1,301,000,000 in fiscal year 1988, shall be retained and used for the 
specific purpose of offsetting costs incurred by the Department in 
providing uranium enrichment service activities as authorized by 
- 
,^5^! 
section 201 of Public Law 95-238, notwithstanding the provisions of 
section 33020t)) of section 484, of title 31, United States Code: Pro-
vided further, That the sum herein appropriated shall be reduced as 
uranium enrichment revenues are received during fiscal year 1988 
so as to result in a final fiscal year 1988 appropriation estimated at 
not more than $0. 
101 STAT. 1329-121 
PUBLIC LAW 100-202—DEC. 22, 1987 
42 u s e 10101 et 
seq. 
GENERAL SCIENCE AND RESEARCH ACTIVITIES 
For expenses of the Department of Energy activities including the 
purchase, construction and acquisition of plant and capital equip-
ment and other expenses incidental thereto necessary for general 
science and research activities in carrying out the purposes of the 
Department of Energy Organization Act (Public Law 95-91), includ-
ing the acquisition or condemnation of any real property or facility 
or for plant or facility acquisition, construction, or expansion; pur-
chase of passenger motor vehicles (not to exceed 22, of which 18 are 
for replacement only), $804,498,000, to remain available until 
expended. 
NUCLEAR WASTE DISPOSAL FUND 
.. 
For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $360,000,000, to 
remain available until expended, to be derived from the Nuclear 
Waste Fund. To the extent that balances in the fund are not 
sufficient to cover amounts available for obligation in the account, 
the Secretary shall exercise his authority pursuant to section 
302(e)(5) to issue obligations to the Secretary of the Treasury. In 
paying the amounts determined to be appropriate as a result of the 
decision in Wisconsin Electric Power Co. v. Department of Energy, 
778 F. 2d 1 (D.C. Cir. 1985), the Department of Energy shall pay, 
from the Nuclear Waste Fund, interest at a rate to be determined by 
the Secretary of the Treasury and calculated from the date the 
amounts were deposited into the Fund. Funds appropriated pursu-
ant to this Act may be used to provide payments equivalent to taxes 
to special purpose units of local government at the candidate sites. 
Subtitle A of title V, Nuclear Waste Policy Amendments Act of 
1987, contained in H.R. 3545, Omnibus Budget Reconciliation Act of 
1987 as agreed to and reported by the Committee on Conference on 
H.R. 3545 is included herein and shall be effective as if it has been 
enacted into law. 
Reports. 
ATOMIC ENERGY DEFENSE ACTIVITIES 
For 
expenses 
of 
the 
Department 
of 
Energy 
activities, 
$7,749,364,000, to remain available until expended, including the 
purchase, construction and acquisition of plant and capital equip-
ment and other expenses incidental thereto necessary for atomic 
energy defense activities in carrying out the purposes of the Depart-
ment of Energy Organization Act (Public Law 95-91), including the 
acquisition or condemnation of any real property or any facility or 
for plant or facility acquisition, construction, or expansion; purchase 
of passenger motor vehicles (not to exceed 292 for replacement only 
including 43 police-type vehicles; and purchase of two aircraft, one 
of which is for replacement only): Provided, That within the funds 
available within materials production activities, the Secretary of 
Energy shall prepare and submit to the Committees on Appropria-
tions and Armed Services of the Senate and the House of Represent-
atives, not later than May 1, 1988, an acquisition strategy report for 
replacement production reactors. Such report shall provide the 
rationale and description of the recommended acquisition strategy 
for replacement nuclear materials production capacity that would 
fulfill the long-term requirements of the United States for tritium 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-122 
and plutonium, including the recommendation of the Nuclear Weap-
ons Council with respect to matters within the responsibility of the 
Council. Such report also shall include an analysis of whether or not 
the acquisition strategy should provide for the procurement and 
construction of two or more replacement production reactors, either 
concurrently or sequentially. Such report also shall include, but not 
be limited to, an analysis of the use of alternative reactor tech-
nologies at one or more sites based on the most current information 
including overall program costs and schedules; safety, environ-
mental and licensing features; strategic and national security bene-
fits; and amortization of reactor capital and operating costs through 
the sale of by-product steam. Such report shall include a comprehen-
sive comparative financial analysis and cost estimate including 
annual and life cycle costs for research, development, design, 
construction, operating expenses and revenues and the levelized 
unit products costs relating to the replacement production reactor 
alternatives considered. The recommendations of the Secretary shall 
include a recommendation with respect to the preferred alternatives 
for achieving replacement nuclear materials production capacity, 
including the number of production reactors required, the preferred 
technologies, and the preferred sites, and a time schedule for their 
acquisition, construction, and operation. The provision of the Na-
tional Environmental Policy Act (43 U.S.C. 4321, et seq.) shall not 
apply to any actions taken by the Secretary in the conduct of 
activities associated with the preparation of such report, including, 
but not limited to, the formulation of an acquisition strategy or the 
planning, design, and selection of alternative technologies and sites 
for replacement production reactors: Provided further, That of these 
funds, $7,500,000 shall be made available for the Hanford Waste 
Vitrification Plant (Project 88-D-173): Provided further, That of the 
amount appropriated to the Department of Energy in this para-
graph, $121,000,000 may be obligated only for the verification and 
control technology program of the Department of Energy: Provided 
further. That none of the funds made available by this Act may be 
used for the operation of the N-Reactor at the Hanford Reservation, 
Washington, unless the Secretary of Energy makes a specific deter-
mination and submits a certification in writing to the Congress 
that— 
(1) the further operation of the N-Reactor is necessary to meet 
national security requirements; 
(2) the Department will fully comply with the report of the 
National Academy of Sciences as described in Public Law 100-
180; 
(3) the Department plan for the N-Reactor is consistent with 
the reports of the Roddis panel as described in Public Law 100-
180; and 
,«,, 
(4) the N-Reactor is safe to operate. 
DEPARTMENTAL ADMINISTRATION 
For salaries and expenses of the Department of Energy necessary 
for Departmental Administration and other activities in carrying 
out the purposes of the Department of Energy Organization Act 
(Public Law 95-91), including the hire of passenger motor vehicles 
and official reception and representation expenses (not to exceed 
$35,000) $395,513,000, to remain available until expended, plus such 
additional amounts as necessary to cover increases in the estimated 
101 STAT. 1329-123 
PUBLIC LAW 100-202—DEC. 22, 1987 
amount of cost of work for others notwithstanding the provisions of 
the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such 
increases in cost of work are offset by revenue increases of the same 
or greater amount, to remain available until expended: Provided 
further, That moneys received by the Department for miscellaneous 
revenues estimated to total $233,896,000 in fiscal year 1988 may be 
retained and used for operating expenses within this account, and 
may remain available until expended, as authorized by section 201 
of Public Law 95-238, notwithstanding the provisions of section 3302 
of title 31, United States Code: Provided further. That the sum 
herein appropriated shall be reduced by the amount of miscellane-
ous revenues received during fiscal year 1988 so as to result in a 
final fiscal year 1988 appropriation estimated at not more than 
$161,617,000. 
POWER MARKETING ADMINISTRATIONS 
-
a OPERATION AND MAINTENANCE, ALASKA POWER ADMINISTRATION 
For necessary expenses of operation and maintenance of projects 
in Alaska and of marketing electric power and energy, $3,026,000, to 
remain available until expended. 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for fish 
passage improvements at the Umatilla River Diversion and for the 
Ellensburg Screen Fish Passage Facilities. Expenditures are also 
approved for official reception and representation expenses in an 
amount not to exceed $2,500. 
During fiscal year 1988, no new direct loan obligations may be 
made. 
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
;: 
ADMINISTRATION 
For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy 
pursuant to the provisions of section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the southeastern power area, 
$27,400,000, to remain available until expended. 
"'^,^•'1 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER 
"
^ ^ 
ADMINISTRATION 
For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
and for construction and acquisition of transmission lines, sub-
stations and appurtenant facilities, and for administrative expenses 
connected therewith, in carrying out the provisions of section 5 of 
the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the 
southwestern power area, $16,648,000, to remain available until 
expended; in addition, notwithstanding the provisions of 31 U.S.C. 
3302, not to exceed $4,625,000 in collections from the Department of 
Defense from power purchases and not to exceed $1,721,000 in 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-124 
collections from non-Federal entities for construction projects in 
fiscal year 1988, to remain available until expended. 
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, 
WESTERN AREA POWER ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For carrying out the functions authorized by title III, section 
302(aXl)(E) of the Act of August 4, 1977 (Public Law 95-91), and 
other related activities including conservation and renewable re-
sources programs as authorized, including official reception and 
representation expenses in an amount not to exceed $1,500, the 
purchase of passenger motor vehicles (not to exceed 3 for replace-
ment only), $242,512,000, to remain available until expended, of 
which $235,268,0()0, shall be derived from the Department of the 
Interior Reclamation fund; in addition, the Secretary of the Treas-
ury is authorized to transfer from the Colorado River Dam Fund to 
the Western Area Power Administration $7,003,000, to carry out the 
power marketing and transmission activities of the Boulder Canyon 
project as provided in section 104(aX4) of the Hoover Power Plant 
Act of 1984, to remain available until expended. 
- 
FEDERAL ENERGY REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Energy Regulatory 
Commission to carry out the provisions of the Department of Energy 
Organization Act (Public Law 95-91), including services as au-
thorized by 5 U.S.C. 3109, including the hire of psissenger motor 
vehicles; official reception and representation expenses (not to 
,. 
exceed $2,000); $100,000,000, of which $3,000,000 shall remain avail-
able until expended and be available only for contractual activities: 
Provided, That hereafter and notwithstanding any other provision 
of law, not to exceed $100,000,000 of revenues from licensing fees, 
inspection services, and other services and collections in fiscal year 
1988, may be retained and used for necessary expenses in this 
account, and may remain available until expended: Provided fur-
ther, That the sum herein appropriated shall be reduced as revenues 
are received during fiscal year 1988, so as to result in a final fiscal 
year 1988 appropriation estimated at not more than $0. 
GEOTHERMAL RESOURCES DEVELOPMENT FUND 
For carrying out the Loan Guarantee and Interest Assistance 
Program as authorized by the Geothermal Energy Research, Devel-
opment and Demonstration Act of 1974, as amended, $72,000, to 
remain available until expended: Provided, That the indebtedness 
guaranteed or committed to be gfuaranteed through funds provided 
by this or any other appropriation Act shall not exceed the aggre-
gate of $500,000,000. 
GENERAL PROVISIONS—DEPARTMENT OF ENERGY 
SEC. 301. Appropriations for the Department of Energy under this 
title for the current fiscal year shall be available for hire of pas-
senger motor vehicles; hire, maintenance and operation of aircraft; 
101 STAT. 1329-125 
PUBLIC LAW 100-202—DEC. 22, 1987 
purchase, repair and cleaning of uniforms; and reimbursement to 
the General Services Administration for security guard services. 
From these appropriations, transfers of sums may be made to other 
agencies of the United States Government for the performance of 
work for which this 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 
appropriation Act. The Secretary is authorized to accept lands, 
buildings, equipment, and other contributions from public and pri-
vate sources and to prosecute projects in cooperation with other 
agencies, Federal, State, private, or foreign. 
(TRANSFERS OF UNEXPENDED BALANCES) 
SEC. 302. Not to exceed 5 per centum of any appropriation made 
available for the current fiscal year for Department of Energy 
activities funded in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise pro-
vided, shall be increased or decreased by more than 5 per centum by 
any such transfers, and any such proposed transfers shall be submit-
ted promptly to the Committees on Appropriations of the House and 
Senate. 
SEC. 303. The unexpended balances of prior appropriations pro-
vided for activities in this Act may be transferred to appropriation 
accounts for such activities established pursuant to this title. Bal-
ances so transferred may be merged with funds in the applicable 
established accounts and thereafter may be accounted for as one 
fund for the same time period as originally enacted. 
Contracts. 
SEC. 304. The expenditure of any appropriation under this Act for 
Public 
any consulting service through procurement contract pursuant to 
information. 
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 pursu-
ant to existing law. 
SEC. 305. (a) In any regulations issued pursuant to section 1534 of 
the Defense Authorization Act for 1986, the Secretary of Energy 
may not disallow the following costs associated with the activities of 
contractor personnel from the Department of Energy National Lab-
oratories (or Department of Energy personnel of the Department of 
Energy National Laboratories): 
(1) Costs of providing to Congress or a State legislature, in 
response to a request (written or oral, prior or contempora-
neous) from Congress or a State legislature, information or 
expert advice of a factual, technical, or scientific nature, with 
respect to: 
(A) topics directly related to the performance of the 
contract; or 
(B) proposed legislation; irrespective of whether such 
information or advice was requested or supplied through 
the Department of Energy. 
(2) Costs for transportation, lodging, or meals incurred for the 
purpose of providing such information or advice. 
(b) No part of any appropriation made in this title shall be 
obligated or expended to influence, either directly or indirectly, any 
appropriation or legislation before Congress, or for any publicity or 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-126 
propaganda purpose not specifically authorized by Congress: Pro-
vided, That this provision shall not apply to: 
(1) the communication of departmental or agency views to the 
Congress; 
(2) the conduct of normal legislative liaison activities; or 
(3) the costs described in subsection (a). 
SEC. 306. No funds appropriated or made available under this or 
any other Act shall be used by the executive branch for studies, 
reviews, to solicit proposals, to consider unsolicited proposals, under-
take any initiatives or draft any proposals to transfer out of Federal 
ownership, management or control in whole or in part, the facilities, 
assets, and functions of the uranium supply and enrichment 
program, including inventories, until such activities have been 
specifically authorized in accordance with terms and conditions 
established by an Act of Congress hereafter enacted: Provided, That 
this provision shall not apply to the authority granted to the 
Department of Energy under section 161g of the Atomic Energy Act 
of 1954, as amended, under which it may sell, lease, grant, and 
dispose of property in furtherance of Atomic Energy Act activities or 
to the authority of the Administrator of the General Services 
Administration pursuant to the Federal Property and Administra-
tive Service Act of 1944 to sell or otherwise dispose of surplus 
property. 
SEC. 307. Within three months following the date of enactment of 
this Act, the Federal Energy Regulatory Commission shall provide 
the Committee on Appropriations of the House and Senate with a 
report describing the policies followed in implementing the Commis-
sion's responsibilities under the National Environmental Policy Act. 
This report shall include a description of the steps the Commission 
has taken to ensure that environmental reviews are conducted 
efficiently and in a timely manner, the willingness of the Commis-
sion to utilize the technical expertise of other Federal and State 
agencies, and the Commission's environmental authority regarding 
nonjurisdictional facilities. 
SEC. 308. The Federal Energy Regulatory Commission is au-
thorized to extend the time period required for commencement of 
construction of Project No. 4506 for an additional two years upon 
application by the licensee to the Federal Energy Regulatory 
Commission if the Federal Energy Regulatory Commission deter-
mines that an extension is warranted under the standard set forth 
in section 13 of the Federal Power Act and is in the public interest. 
SEC. 309. None of the funds appropriated by this Act or any other 
Act may be expended by the Department of Energy or the Depart-
ment of Justice or any of their component agencies to prosecute any 
action or to enforce any judgment against any individual corporate 
shareholder, officer or employee for restitution under section 209 of 
the Economic Stabilization Act of 1970, as amended, in any case 
decided by the Temporary Emergency Court of Appeals on May 7, 
1987, based upon the role of such individual as a central figure in 
any statutory or regulatory violation, except for the actual dollar 
amount personally received by such individual from such violation 
and any interest assessed on such amount. The prohibition in this 
section shall apply only until October 1,1988. 
SEC. 310. (a) The amendments made by section 643(b) of the 
Energy Security Act (Public Law 96-294) and any regulations issued 
to implement such amendment shall apply to qualifying small 
power production facilities (as such term is defined in the Federal 
Reports. 
16 u s e 824a-3 
note. 
XOl STAT. 1329-127 
PUBLIC LAW 100-202—DEC. 22, 1987 
Power Act) using solar energy as the primary energy source to the 
same extent such amendments and regulations apply to qualifying 
small power production facilities using geothermal energy as the 
primary energy source, except that nothing in this Act shall pre-
clude the Federal Energy Regulatory Commission from revising its 
regulations to limit the availability of exemptions authorized under 
this Act as it determines to be required in the public interest and 
consistent with its obligations and duties under section 210 of the 
Public Utility Regulatory Policies Act of 1978. 
(b) The provisions of subsection (a) shall apply to a facility using 
solar energy as the primary energy source only if either of the 
following is submitted to the Federal Energy Regulatory Commis-
sion during the two-year period beginning on the date of enactment 
of this Act: 
(1) An application for certification of the facility as a qualify-
ing small power production facility. 
(2) Notice that the facility meets the requirements for quali-
fication. 
SEC. 311. None of the funds appropriated by this Act or any other 
Act may be expended by the Federal Energy Regulatory Commis-
sion for the purpose of issuing a certificate of public convenience 
and necessity pursuant to the application made by the Iroquois Gas 
Transmission System under the Commission's optional expedited 
^
^ 
certificate procedures (Docket No. CP86-523 et al.) until the 
Commission has considered, in accordance with applicable law, the 
environmental impacts. 
TITLE IV 
" 
' 
INDEPENDENT AGENCIES 
' 
• 
APPALACHIAN REGIONAL COMMISSION 
40 use app. 401 
For expenses necessary to carry out the programs authorized by 
note. 
the Appalachian Regional Development Act of 1965, as amended, 
notwithstanding section 405 of said Act, except expenses authorized 
by section 105 of said Act, including services as authorized by section 
3109 of title 5, United States Code, and hire of passenger motor 
vehicles, and for necessary expenses for the Federal Cochairman 
and the alternate on the Appalachian Regional Commission and for 
payment of the Federal share of the administrative expenses of the 
Commission, including services as authorized by section 3109 of title 
5, United States Code, and hire of passenger motor vehicles, to 
40 use app. 224 remain available until expended, $107,000,000: Provided, That after 
note. 
the date of enactment of this resolution, appropriations for 
Appalachian regional programs in this or any other Act may be 
used for the purposes of the Appalachian Regional Development Act 
without regard to section 224(b) (2), (3), and (4) of that Act and funds 
in energy enterprise loan funds may be reapproved by the Commis-
sion for similar uses. 
DELAWARE RIVER BASIN COMMISSION 
SALARIES AND EXPENSES 
For expenses necessa^ to carry out the functions of the United 
States member of the Delaware River Basin Commission, as au-
thorized by law (75 Stat. 716), $203,000. 
., . . 
•
J 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-128 
CONTRIBUTION TO DELAWARE RIVER BASIN COMMISSION 
For payment of the United States share of the current expenses of 
the Delaware River Basin Commission, as authorized by law (75 
Stat. 706, 707), $263,000. 
INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN 
CONTRIBUTION TO INTERSTATE COMMISSION ON THE POTOMAC RIVER 
BASIN 
To enable the Secretary of the Treasury to pay in advance to the 
Interstate Commission on the Potomac River Basin the Federal 
contribution toward the expenses of the Commission during the 
current fiscal year in the administration of its business in the 
conservancy district established pursuant to the Act of July 11, 1940 
(54 Stat. 748), as amended by the Act of September 25, 1970 (Public 
Law 91-407), $379,000. 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and 
the Atomic Energy Act, as amended, including the employment of 
aliens; services authorized by section 3109 of title 5, United States 
, ,
^ _^^ 
Code; publication and dissemination of atomic information; pur- 
"
^ ''' ";„ 
chase, repair, and cleaning of uniforms, official representation 
* 
expenses (not to exceed $20,000); reimbursements to the General 
Services Administration for security guard services; hire of pas-
senger motor vehicles and aircraft, $392,800,000, to remain available 
until expended: Provided, That from this appropriation, transfer of 
sums may be made to other agencies of the Government for the 
performance of the work for which this appropriation is made, and 
in such cases the sums so transferred may be merged with the 
appropriation to which transferred: Provided further, That moneys 
received by the Commission for the cooperative nuclear safety re-
search program, services rendered to foreign governments and inter-
national organizations, and the material and information access 
authorization programs including criminal history checks under 
section 149 of the Atomic Energy Act, as amended, may be retained 
and used for salaries and expenses associated with those activities, 
notwithstanding the provisions of section 3302 of title 31, United 
States Code, and shall remain available until expended: Provided 
further. That revenues from licensing fees, inspection services, and 
other services and collections estimated at $196,400,000 in fiscal 
year 1988 shall be retained and used for necessary salaries and 
expenses in this account, notwithstanding the provisions of section 
3302 of title 31, United States Code, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall 
be reduced by the amount of revenues received during fiscal year 
1988 from licensing fees, inspection services and other services and 
collections, excluding those moneys received for the cooperative 
nuclear safety research program, services rendered to foreign 
governments and international organizations, and the material and 
information access authorizatior programs, so as to result in a final 
101 STAT. 1329-129 
PUBLIC LAW 100-202—DEC. 22, 1987 
fiscal year 1988 appropriation estimated at not more than 
$196,400,000. 
SUSQUEHANNA RIVER BASIN COMMISSION 
..< 
SALARIES AND EXPENSES 
For expenses necessary to carry out the functions of the United 
States member of the Susquehanna River Basin Commission as 
authorized by law (84 Stat. 1541), $197,000. 
CONTRIBUTION TO SUSQUEHANNA RIVER BASIN COMMISSION 
For payment of the United States share of the current expense of 
the Susquehanna River Basin Commission, as authorized by law (84 
Stat. 1530,1531), $249,000. 
TENNESSEE VALLEY AUTHORITY - 
^- 
^?-
TENNESSEE VALLEY AUTHORITY FUND 
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 purchase, hire, maintenance, and operation of aircraft, 
and purchase and hire of passenger motor vehicles, and for entering 
into contracts and making payments under section 11 of the Na-
tional Trails System Act, as amended, $103,000,000, to remain avail-
16 use 831b 
able until expended: Provided, That this appropriation and other 
note. 
moneys available to the Tennessee Valley Authority may be used 
hereafter for payment of the allowances authorized by section 5948 
of title 5, United States Code: Provided further, That the official of 
the Tennessee Valley Authority referred to as the "inspector gen-
eral of the Tennessee Valley Authority" is authorized, during the 
fiscal year ending September 30, 1988, to require by subpoena the 
production of all information, documents, reports, answers, records, 
accounts, papers, and other data and other documentary evidence 
necessary in the perforftiance of the audit and investigation func-
tions of t^at official, which subpoena, in the case of contumacy or 
refusal to obey, shall be enforceable by order of any appropriate 
United States district court: Provided further, That procedures other 
than subpoenas shall be used by the inspector general to obtain 
documents and evidence from Federal agencies. 
TITLE V 
GENERAL PROVISIONS 
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. None of the funds in this Act shall be used to pay the 
expenses of, or otherwise compensate, parties intervening in regu-
latory or adjudicatory proceedings funded in this Act. This prohibi-
tion bars payment to a party intervening in an administrative 
proceeding for expenses incurred in appealing an administrative 
decision to the courts. 
SEC. 503. None of the programs, projects or activities as defined in 
the report accompanying this Act, may be eliminated or dispropor-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-130 
tionately reduced due to the application of "Savings and Slippage", 
"general reduction", or the provision of Public Law 99-177 or Public 
Law 100-119. 
SEC. 504. 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 pursu-
ant to existing law. 
SEC. 505. None of the funds appropriated in this Act shall be used 
to implement a program of retention contracts for senior employees 
of the Tennessee Valley Authority. 
SEC. 506. Notwithstanding any other provision of this Act or any 
other provision of law, none of the funds made available under this 
Act or any other law shall be used for the purposes of conducting 
any studies relating or leading to the possibility of changing from 
the currently required "at cost" to a "market rate" or any other 
noncost-based method for the pricing of hydroelectric power by the 
six Federal public power authorities, or other agencies or authorities 
of the Federal Government, except as may be specifically authorized 
by Act of Congress hereafter enacted. 
SEC. 507. None of the funds appropriated in this Act for Power 
Marketing Administrations or the Tennessee Valley Authority, and 
none of the funds authorized to be expended by this or any previous 
Act from the Bonneville Power Administration Fund or the Ten-
nessee Valley Authority Fund, may be used to pay the costs of 
procuring extra high voltage (EHV) power equipment unless con-
tract awards are made for EHV equipment manufactured in the 
United States when such agencies determine that there are one or 
more manufacturers of domestic end product offering a product that 
meets the technical requirements of such agencies at a price not 
exceeding 130 per centum of the bid or offering price of the most 
competitive foreign bidder: Provided, That such agencies shall deter-
mine the incremental costs associated with implementing this sec-
tion and defer or offset such incremental costs against otherwise 
existing repayment obligations: Provided further, That this section 
shall not apply to any procurement initiated prior to October 1, 
1985, or to the acquisition of spare parts or accessory equipment 
necessary for the efficient operation and maintenance of existing 
equipment and available only from the manufacturer of the original 
equipment: Provided further, That this section shall not apply to 
procurement of domestic end product as defined in 48 C.F.R. sec. 
25.101: Provided further, That this section shall not apply to EHV 
power equipment produced or manufactured in a country whose 
government has completed negotiations with the United States to 
extend the GATT Government Procurement Code, or a bilateral 
equivalent, to EHV power equipment, or which otherwise offers fair 
competitive opportunities in public procurements to United States 
manufacturers of such equipment. 
SEC. 508. None of the funds in this Act may be used to construct or 
enter into an agreement to construct additional hydropower units at 
Denison Dam—Lake Texoma. 
SEC. 509. In honor of Ernest Frederick Hollings, the building 
Public 
located at 83 Meeting Street in Charleston, South Carolina, shall 
buildings and 
hereafter be known and designated as the "Hollings Judicial 
grounds. 
Center": Provided further, That the lock and dam on the Tombigbee 
101 STAT. 1329-131 
PUBLIC LAW 100-202—DEC. 22, 1987 
Public 
information. 
River in Pickens County, Alabama, commonly known as the 
Aliceville Lock and Dam, and the resource management and visitor 
center at Aliceville Lake on the Tennessee-Tombigbee Waterway 
shall hereafter be known and designated as the "Tom Bevill Lock 
and Dam" and the "Tom Bevill Resource Management and Visitor 
Center at Aliceville Lake on the Tennessee-Tombigbee Waterway", 
respectively. Any reference in a law, map, regulation, document, or 
paper of the United States to such lock and dam and any reference 
in a law, map, regulation, document, or paper of the United States 
to such resource management and visitor center shall be held to be a 
reference to the "Tom Bevill Lock and Dam" and the "Tom Bevill 
Resource Management and Visitor Center at Aliceville Lake on the 
Tennessee-Tombigbee Waterway", respectively. 
This Act may be cited as the "Energy and Water Development 
Appropriation Act, 1988". 
(e) Such amounts as may be necessary for programs, projects or 
activities provided for in the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1988, at a rate of oper-
ations and to the extent and in the manner provided for, the 
provisions of such Act to be effective as if it had been enacted into 
law as the regular appropriations Act, as follows: 
Foreign 
Operations, 
Export 
Financing, and 
Related 
Programs 
Appropriations 
Act, 1988. 
^ • v . : n 
, 
A N A C T 
' 
- 
"•-•••" 
Making appropriations for foreign operations, export financing, and related programs 
for the fiscal year ending September 30, 1988, and for other purposes. 
TITLE I—MULTILATERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
INTERNATIONAL FINANCIAL INSTITUTIONS 
• CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION 
AND DEVELOPMENT 
For payment to the International Bank for Reconstruction and 
Development by the Secretary of the Treasury, for the United States 
share of the paid-in share portion of the incre£ises in capital stock, 
$40,176,393 for the General and Selective Capital Increases, to 
remain available until expended: Provided, That no such payment 
may be made while the United States Executive Director to the 
Bank is compensated by the Bank at a rate 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 the alternate United States Executive Director to the Bank 
is compensated by the Bank 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. 
UMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the International Bank for Re-
construction and Development may subscribe without fiscal year 
limitation to the callable capital portion of the United States share 
of increases in capital stock in an amount not to exceed 
$437,320,185. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-132 
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION 
For payment to the International Development Association by the 
Secretary of the Treasury, $915,000,000 for the United States con-
tribution to the replenishments, to remain available until expended: 
Provided, That no such payment may be made while the United 
States Executive Director to the International Bank for Reconstruc-
tion and Development is compensated by the Bank at a rate 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 the alternate United States Executive 
Director to the Bank is compensated by the Bank 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. 
' 
CONTRIBUTION TO THE INTERNATIONAL FINANCE CORPORATION 
For payment to the International Finance Corporation by the 
Secretary of the Treasury, $20,300,000, for the United States share 
of the increase in subscriptions to capital stock, to remain available 
until expended. 
CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE 
AGENCY 
For payment to the Multilateral Investment Guarantee Agency 
by the Secretary of the Treasury, for the paid-in share of the capital 
stock, $44,403,116, to remain available until expended: Provided, 
That no such payment may be made prior to April 30, 1988: Pro-
vided further. That no such payment may be made on or after April 
30, 1988, unless the Secretary of the Treeisury certifies and reports 
to the Congress that the United States Director of the Agency has 
proposed and actively sought the adoption by the Agency of the 
policies and procedures specified in section 405 of H.R. 3750, as 
enacted herein: Provided further. That no such payment may be 
made on or after April 30,1988, unless the Secretary of the Treasury 
certifies and reports to the Congress that the Board has adopted 
those policies and procedures, or substantially similar policies and 
procedures, or that the United States Director of the Agency will 
continue to propose and actively seek the adoption by the Agency of 
those policies and procedures until those policies and procedures, or 
substantially similar policies and procedures, have been adopted by 
the Board and that the failure to make such payment is likely to 
make the adoption of those policies and procedures more difficult to 
achieve. 
UMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The Secretary of the Treasury may subscribe without fiscsd year 
limitation to the callable portion of tne shares of capital stock in an 
amount not to exceed $177,612,464. 
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 increase 
in the resources of the Fund for Special Operations, $25,732,371, to 
remain available until expended; and $31,600,000, for the United 
101 STAT. 1329-133 
PUBLIC LAW 100-202—DEC. 22, 1987 
States share of the increases in paid-in capital stock to remain 
available until expended; and $1,303,000 for the United States share 
of the capital stock of the Inter-American Investment Corporation, 
to remain available until expended: Provided, That no such payment 
may be made while the United States Executive Director for the 
Bank is compensated by the Bank at a rate 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 the alternate United States Executive Director for the 
Bank is compensated by the Bank 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: 
Provided further, That the United States Governor of the Inter-
American Development Bank is hereby authorized to agree to, and 
to accept, the amendments to the Articles of Agreement in the 
proposed resolution entitled "Merger of Inter-regional and Ordinary 
Capital Resources". 
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 increase in capital 
stock in an amount not to exceed $119,403,576. 
CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK 
For payment to the Asian Development Bank by the Secretary of 
the Treasury, for the paid-in share portion of the United States 
share of the increase in capital stock, $15,057,220, to remain avail-
able until expended; and for the United States contribution to the 
increases in resources of the Asian Development Fund, as au-
thorized by the Asian Development Bank Act, as amended (Public 
Law 89-369), $28,000,000, to remain available until expended: Pro-
vided, That no such payment may be made while the United States 
Director of the Bank is compensated by the Bank 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 the Bank is compensated by the Bank 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. 
UMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the Asian Development Bank may 
subscribe without fiscal year limitation to the callable capital por-
tion of the United States share of such increase in capital stock in 
an amount not to exceed $276,503,941. 
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND 
For payment to the African Development Fund by the Secretary 
of the Treasury, $75,000,000, for the United States contribution to 
the fourth replenishment of the African Development Fund, to 
remain available until expended. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-134 
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK 
For payment to the African Development Bank by the Secretary 
of the Treasury, for the paid-in share portion of the United States 
share of the increase in capital stock, $8,999,371, to remain available 
until expended: Provided, That no such payment may be made while 
the United States Executive Director to the Bank is compensated by 
the Bank at a rate 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 the alternate 
United States Executive Director to the Bank is compensated by the 
Bank 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. 
UMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the African 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 $134,918,184. 
AUTHORIZATION OF APPROPRIATIONS 
There is hereby enacted into law H.R. 3750, as introduced in the 
22 USC 262m— 
House of Representatives on December 11, 1987. Section 102 of H.J. 
262p-5 283z-4, 
Res. 395 shall not apply with respect to provisions enacted by this 
286e-'5a 2901-10 
paragraph. 
290k—290k-ll. ' 
INTERNATIONAL ORGANIZATIONS AND PROGRAMS 
For necessary expenses to carry out the provisions of sections 301 
and 103(g) of the Foreign Assistance Act of 1961, and of section 2 of 
the United Nations Environment Program Participation Act of 
1983, $244,648,000: Provided, That no funds shall be available for the 
United Nations Fund for Science and Technology: Provided further, 
That the total amount of funds appropriated under this heading 
shall be made available only as follows: $110,000,000 for the United 
Nations Development Program; $54,400,000 for the United Nations 
Children's Fund, which amount shall be obligated and expended no 
later than 30 days from the date of enactment of this Act; $980,000 
for the World Food Program; $980,000 for the United Nations 
/ 
Capital Development Fund; $220,000 for the United Nations Vol- 
' 
untary Fund for the Decade for Women; $2,000,000 for the Inter-
national Convention and Scientific Organization Contributions; 
$1,960,000 for the World Meteorological Organization Voluntary 
Cooperation Program; $21,854,000 for the International Atomic 
Energy Agency; $7,840,000 for the United Nations Environment 
Program; $784,000 for the United Nations Educational and Training 
Program for Southern Africa; $245,000 for the United Nations Trust 
Fund for South Africa; $110,000 for the United Nations Institute for 
Namibia; $170,000 for the Convention on International Trade in 
Endangered Species; $220,000 for the World Heritage Fund; $90,000 
for the United Nations Voluntary Fund for Victims of Torture; 
$245,000 for the United Nations Fellowship Program; $400,000 for 
the United Nations Center on Human Settlements; $150,000 for the 
UNIDO Investment 
Promotion 
Service; $12,000,000 
for 
the 
Organization of American States; and $30,000,000 for the Inter-
101 STAT. 1329-135 
PUBLIC LAW 100-202—DEC. 22, 1987 
national Fund for Agricultural Development, of which up to 
$10,000,000 may be made available for the Special Program for Sub-
Saharan African Countries Affected by Drought and Desertification: 
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 activi-
ties of that Agency. 
TITLE II—BILATERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
t 
-^^c 
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, 1988, unless 
otherwise specified herein, as follows: 
AGENCY FOR INTERNATIONAL DEVELOPMENT 
AGRICULTURE, RURAL DEVELOPMENT, AND NUTRITION, DEVELOPMENT 
ASSISTANCE 
For necessary expenses to carry out the provisions of section 103, 
$488,715,000: Provided, That up to $5,000,000 shall be provided for 
new development projects of private entities and cooperatives utiliz-
:''' 
ing surplus dairy products: Provided further. That not less than 
$8,000,000 shall be provided for the Vitamin A Deficiency Program: 
Provided further. That, notwithstanding any other provision of law, 
up to $10,000,000 of the funds appropriated under this heading shall 
be made available, and remain available until expended, for agricul-
tural activities in Poland which are managed by the Polish Catholic 
Church or other nongovernmental organizations: Provided further. 
That not less than $2,000,000 of the funds appropriated under this 
heading shall be made available only for the North American 
Waterfowl Plan, which shall not be included in determining compli-
ance with section 119(c) of the Foreign Assistance Act of 1961. 
POPULATION, DEVELOPMENT ASSISTANCE 
For necessary expenses to carry out the provisions of section 
104(b), $197,940,000: Provided, That none of the funds made avail-
able in this Act nor any unobligated balances from prior appropria-
tions may be made available to any organization or program which, 
as determined by the President of the United States, supports or 
peirticipates 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 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: 
Provided further. That in awarding grants for natural family plan-
ning under section 104 of the Foreign Assistance Act no applicant 
shall be discriminated against because of such applicant's religious 
or conscientious commitment to offer only natural family planning; 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-136 
and, additionally, all such applicants shall comply with the require-
ments of the previous proviso: Provided further. That nothing in this 
subsection shall be construed to alter any existing statutory prohibi-
tions against abortion under section 104 of the Foreign Assistance 
Act. 
HEALTH, DEVELOPMENT ASSISTANCE 
For necessary expenses to carry out the provisions of section 
104(c), $119,000,000. 
INTERNATIONAL AIDS PREVENTION AND CONTROL PROGRAM 
For necessary expenses to carry out the provisions of chapter 1 of 
part I of the Foreign Assistance Act of 1961, $30,000,000, which shall 
be made available only for activities relating to research on, and the 
treatment and control of, acquired immune deficiency syndrome 
(AIDS) in developing countries: Provided, That of the funds made 
available under this heading $15,000,000 shall be made available to 
the World Health Organization for the Special Program on AIDS, 
including activities implemented by the Pan American Health 
Organization. 
CHILD SURVIVAL FUND 
For necessary expenses to carry out the provisions of section 
104(c)(2), $66,000,000. 
EDUCATION AND HUMAN RESOURCES DEVELOPMENT, DEVELOPMENT 
ASSISTANCE 
For necessary expenses to carry out the provisions of section 105, 
$117,000,000: Provided, That not less than $42,000,000 of the funds 
appropriated under this heading and under the heading "Sub-Saha-
ran Africa, Development Assistance" shall be available only for 
programs in basic primary and secondary education: Provided fur-
ther, That $1,500,000 of the funds appropriated under this heading 
shall be made available for the Caribbean Law Institute: Provided 
further, That not less than $1,250,000 of the funds appropriated 
under this heading shall be made available for the Center for Inter-
American Leadership: Provided 
further, 
That not less than 
$10,000,000 of the funds appropriated under this heading shall be 
available only for the International Student Exchange Program. 
PRIVATE SECTOR, ENVIRONMENT, AND ENERGY, DEVELOPMENT 
ASSISTANCE 
For necessary expenses to carry out the provisions of section 106, 
$120,709,000: Provided, That not less than $5,000,000 shall be made 
available only for cooperative projects among the United States, 
Israel and developing countries: Provided further. That not less than 
$5,000,000 shall be made available only for the Central American 
Rural Electrification Support project: Provided further, That not 
less than $1,500,000 shall be made available only for rural elec-
trification activities for the Caribbean. 
SCIENCE AND TECHNOLOGY, DEVELOPMENT ASSISTANCE 
For necessary expenses to carry out the provisions of section 106, 
$8,662,270. 
101 STAT. 1329-137 
PUBLIC LAW 100-202—DEC. 22, 1987 
MICRO-ENTERPRISE DEVELOPMENT 
Of the funds appropriated by this Act to carry out part I and 
chapter 4 of part II of the Foreign Assistance Act of 1961, not less 
than $50,000,000 shall be made available for programs of credit and 
other assistance for micro-enterprises in developing countries: Pro-
vided, That local currencies which accrue as a result of assistance 
provided to carry out the provisions of the Foreign Assistance Act of 
1961 and the Agricultural Trade Development and Assistance Act of 
1954 may be used for assistance for micro-enterprises: Provided 
further, That such local currencies which are used for this purpose 
shall be in lieu of funds reserved under this heading and shall 
reduce the amount reserved for assistance for micro-enterprises by 
an equal amount. 
SUB-SAHARAN AFRICA, DEVELOPMENT ASSISTANCE 
For necessary expenses to carry out the provisions of sections 103 
through 106 and section 121 of the Foreign Assistance Act of 1961, 
$500,000,000, for assistance only for Sub-Saharan Africa, which shall 
be in addition to any amounts otherwise made available for such 
purposes: Provided, That any of the funds which are appropriated 
under this heading may be used for assistance for Sub-Saharan 
Africa to carry out any economic development assistance activities 
under the Foreign Assistance Act of 1961: Provided further, That 
assistance made available under this heading shall be used to help 
the poor majority in Sub-Saharan Africa through a process of long-
term 
development 
and 
economic growth 
that 
is equitable, 
participatory, environmentally sustainable, and self-reliant: Pro-
vided further, That these objectives may, in part, be achieved 
through the integration of women in the development process, 
appropriate consultation with private voluntary organizations, Afri-
can and other organizations with a local perspective on the develop-
ment process, and inclusion of the perspectives and participation of 
those affected by the provision of assistance: Provided further. That 
assistance made available under this heading shall be provided in 
accordance with the policies contained in section 102 of the Foreign 
Assistance Act of 1961: Provided further. That assistance made 
available under this heading should be provided, when consistent 
with the objectives of such assistance, through African, United 
States and other private and voluntary organizations which have 
demonstrated effectiveness in the promotion of local grassroots 
activities on behalf of long-term development in Sub-Saharan 
Africa: Provided further. That assistance made available under this 
heading should be used to help overcome shorter-term constraints to 
long-term development; to promote reform of sectoral economic 
policies to support the critical sector priorities of agricultural 
production and natural resources, health, voluntary family planning 
services, education, and income generating opportunities; to bring 
about appropriate sectoral restructuring of the Sub-Saharan African 
economies; to support reform in public administration and finances 
and to establish a favorable environment for individual enterprise 
and self-sustaining development: Provided further. That assisted 
policy reforms should take into account the need to protect vulner-
able groups: Provided further, That assistance made available under 
this heading shall be used to increase agricultural production in 
ways which protect and restore the natural resource base, especially 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-138 
food production; to maintain and improve basic transportation and 
communication networks; to maintain and restore the renewable 
natural resource base in ways which incresise agricultural produc-
tion; to improve health conditions with special emphasis on meeting 
the health needs of mothers and children, including the establish-
ment of self-sustaining primary health care systems that give prior-
ity to preventive care; to provide increased access to voluntary 
family planning services; to improve basic literacy and mathematics 
especially to those outside the formal educational system and to 
improve primary education; and to develop income-generating 
opportunities for the unemployed and underemployed in urban and 
rural areas: Provided further, That the Administrator of the Agency 
for International Development should target the equivalent of 10 
percent of the funds appropriated under this heading for each of the 
following: (1) maintaining and restoring the renewable natural re-
source base in ways which increase agricultural production, includ-
ing components of agriculture activities which are consistent with 
this objective, (2) health activities, and (3) voluntary family plan-
ning: Provided further, That local currencies generated by the sale 
of imports or foreign exchange by the government of a country in 
Sub-Saharan Africa from funds appropriated under this heading 
shall be deposited in a special account established by that govern-
ment: Provided further. That these local currencies shall be avail-
able only for use, in accordance with an agreement with the United 
States, for development activities which are consistent with the 
^ 
policy directions of section 102 of the Foreign Assistance Act of 1961 
and for necessary administrative requirements of the United States 
Government: Provided further, That in order to carry out the pur-
poses of this heading, section 604(a) of the Foreign Assistance Act of 
1961, and similar provisions of law, shall not apply with respect to 
the implementation of assistance activities consistent with the pur-
poses of this heading: Provided further. That the funds made avail-
able under this heading shall be provided only on a grant basis. 
SOUTHERN AFRICA, DEVELOPMENT ASSISTANCE 
For necessary expenses to carry out the provisions of sections 103 
through 106 of the Foreign Assistance Act of 1961, $50,000,000, 
which shall be made available, without regard to section 518 of this 
Act and section 620(q) of the Foreign Assistance Act of 1961, only to 
assist sector projects supported by the Southern Africa Development 
Coordination Conference (SADCC) to enhance the economic develop-
ment of the nine member states forming that regional institution: 
Provided, That at least 50 percent of that amount shall be made 
available for the transportation sector and the remaining amount 
shall be made available for one or more of the following sectors: 
manpower development; agriculture and natural resources; energy 
(including the improved utilization of electrical power sources which 
already exist in the member states and offer the potential to swiftly 
reduce the dependence of those states on South Africa for elec-
tricity); and industrial development and trade (including private 
sector initiatives): Provided further. That amounts made available 
under this heading shall be in addition to any amounts otherwise 
made available for such purposes and shall be in addition to 
amounts made available for Africa under the heading "Sub-Saharan 
Africa, Development Assistance": Provided further, That none of the 
funds appropriated under this heading may be made available for 
{ti-194 o . an - ifi • QT.a Part 9. 
101 STAT. 1329-139 
PUBLIC LAW 100-202—DEC. 22, 1987 
activities in Angola: Provided further, That none of the funds appro-
priated under this heading may be made available for activities in 
Mozambique unless the President certifies that it is in the national 
interest of the United States to do so. 
V
f ; 
PHILIPPINES, DEVELOPMENT ASSISTANCE 
Of the aggregate of the funds appropriated by this Act to carry out 
sections 103 through 106 of the Foreign Assistance Act of 1961, not 
less than $40,000,000 shall be made available only for the Phil-
ippines for project and sector assistance primarily in support of the 
Government of the Philippines' efforts to promote economic recov-
ery and attain sustained growth through increased rural productiv-
ity in both farm and off-farm enterprises, and other activities 
consistent with the purposes of chapter 1 of part I of the Foreign 
Assistance Act of 1961: Provided, That of the funds made available 
for the Philippines under section 103 of the Foreign Assistance Act 
of 1961, as amended, not less than $1,000,000 shall be made available 
to fund technical assistance to strengthen nonprofit 
private 
organizations and cooperatives in conjunction with projects using 
local currencies generated by sale of Public Law 480 and section 416 
commodities. 
PRIVATE AND VOLUNTARY ORGANIZATIONS 
22 use 2l5lu 
None of the funds appropriated or otherwise made available by 
note. 
this Act for development assistance may be made available to any 
United States private and voluntary organization, except any co-
operative development organization, which obtains less than 20 per 
centum of its total annual funding for international activities from 
sources other than the United States Government: Provided, That 
the requirements of the provisions of section 123(g) of the Foreign 
Assistance Act of 1961 and the provisions on private and voluntary 
organizations in title II of the "Foreign Assistance and Related 
Programs Appropriations Act, 1985" (as enacted in Public Law 98-
473) shall be superseded by the provisions of this section. 
PRIVATE SECTOR REVOLVING FUND 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses to carry out the provisions of section 108 
of the Foreign Assistance Act of 1961, not to exceed $9,000,000 to be 
derived by transfer from funds appropriated to carry out the provi-
sions of chapter 1 of part I of such Act, to remain available until 
expended. During fiscal year 1988, obligations for assistance from 
amounts in the revolving fund account under section 108 shall not 
exceed $12,000,000. 
LOAN ALLOCATION, DEVELOPMENT ASSISTANCE 
In order to carry out the provisions of part I, the Administrator of 
the agency responsible for administering such part may furnish loan 
assistance pursuant to existing law and on such terms and condi-
tions as he may determine: Provided, That to the maximum extent 
practicable, loans to private sector institutions, from funds made 
available to carry out the provisions of sections 103 through 106, 
shall be provided at or near the prevailing interest rate paid on 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-140 
Treasury obligations of similar maturity at the time of obligating 
such funds: Provided further. That amounts appropriated to carry 
out the provisions of chapter 1 of part I which are provided in the 
form of loans shall remain available until September 30, 1989. 
AMERICAN SCHOOLS AND HOSPITALS ABROAD 
For necessary expenses to carry out the provisions of section 214, 
$40,000,000. 
INTERNATIONAL DISASTER ASSISTANCE 
For necessary expenses to carry out the provisions of section 491, 
$25,000,000, to remain available until expended: Provided, That not 
less than $1,000,000 shall be made available only for assistance for 
children who have become orphans as a result of drought and 
famine in Sub-Saharan Africa. 
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, 
$35,132,000. 
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL 
DEVELOPMENT 
For necessary expenses to carry out the provisions of section 667, 
$406,000,000: Provided, That not more than $15,000,000 of this 
amount shall be for Foreign Affairs Administrative Support: Pro-
vided further, That except to the extent that the Administrator of 
the Agency for International Development determines otherwise, 
not less than 10 per centum of the aggregate of the funds made 
available for the fiscal year 1988 to carry out chapter 1 of part I of 
the Foreign Assistance Act of 1961 shall be made available only for 
activities of economically and socially disadvantaged enterprises 
(within the meaning of section 133(cX5) of the International Develop-
ment and Food Assistance Act of 1977), historically black colleges 
and universities, colleges and universities having a student body in 
which more than 20 percent of the students are Hispanic Ameri-
cans, and private and voluntary organizations which are controlled 
by individuals who are black Americans, Hispanic Americans, or 
Native Americans, or who are economically and socially disadvan-
taged (within the meaning of section 133(cX5) (B) and (C) of the 
International Development and Food Assistance Act of 1977). For 
purposes of this proviso, economically and socially disadvantaged 
individuals shall be deemed to include women: Provided further. 
Reports. 
That the Administrator of the Agency for International Develop-
ment shall submit to the Committees on Appropriations reports 
assessing the management and performance of the following offices 
within the Agency: (1) Bureau for Science and Technology, Direc-
torate for Human Resources, (2) Bureau for Science and Technology, 
Directorate for Health, (3) Bureau for Food for Peace and Voluntary 
Assistance, Office of Private and Voluntary Cooperation, (4) Office of 
the Science Advisor, (5) Bureau for Program and Policy Coordina-
tion, Office of Economic Affairs, (6) Bureau for Program and Policy 
Coordination, Center for Development Information and Evaluation, 
(7) Bureau for Asia and Near East, Office of Project Development, (8) 
Bureau for Private Enterprise, and (9) Bureau for Africa, Office of 
101 STAT. 1329-141 
PUBLIC LAW 100-202—DEC. 22, 1987 
Reports. 
Development Planning: Provided further. That such reports shall 
assess, among other things, the validity of the goals and objectives of 
the office or directorate, how well these goals and objectives are 
being achieved, the performance of the office or directorate in 
providing services, as appropriate, to other bureau offices and/or to 
the Agency's overseas missions, and, given competing demands 
being placed on overall Agency resources, whether appropriate 
personnel and funding resources are being made available for the 
Reports. 
office or directorate: Provided further. That such reports shall be 
submitted to the Committees on Appropriations by April 15, 1988: 
Provided further, That section 636(c) of the Foreign Assistance Act 
22 use 2396. 
of 1961 is amended by striking out "$3,000,000" and inserting in lieu 
thereof "$6,000,000": Provided further. That notwithstanding any 
other provision of law, none of the funds appropriated under this 
heading or under the heading "Operating Expenses of the Agency 
for International Development Office of the Inspector General" 
shall lapse as a result of such funds not being used for contributions 
prescribed by the Federal Employees Retirement System Act of 
1986, and such funds shall be made available for other purposes 
consistent with the purposes of such headings. 
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL 
DEVELOPMENT OFFICE OF INSPECTOR GENERAL 
For necessary expenses to carry out the provisions of section 667, 
$23,970,000, which sum shall be available only for the operating 
expenses of the Office of the Inspector General notwithstanding 
sections 451 or 614 of the Foreign Assistance Act of 1961 or any 
other provision of law: Provided, That up to three percent of the 
amount made available under the heading "Operating Expenses of 
the Agency for International Development" may be transferred to 
and merged and consolidated with amounts made available under 
this heading: Provided further. That except as may be required by 
an emergency evacuation affecting the United States diplomatic 
missions of which they are a component element, none of the funds 
in this Act, or any other Act, may be used to relocate the overseas 
Regional Offices of the Inspector General to another country: Pro-
vided further. That section 10303) of the Omnibus Diplomatic Secu-
22 use 4802. 
rity and Antiterrorism Act of 1986 is amended (1) by striking "; and" 
at the end of the first paragraph, (2) by striking the period at the 
end of the second paragraph and inserting in lieu thereof "; and", 
and (3) by inserting the following paragraph at the end thereof: 
"(3) establish, notwithstanding any other provision of law, 
,. . . 
appropriate overseas staffing levels of the Regional Offices of 
the Inspector General of the Agency for International Develop-
ment in effective consultation with the Inspector General of the 
Agency: Provided, That the authority of the Secretary of State 
shall be exercised only by the Secretary and shall not be 
delegated to a subordinate officer of the Department of State: 
Provided further. That the Inspector General must report to the 
appropriate committees of both Houses of the Congress within 
thirty days the denial by the Secretary of State of a request by 
the Inspector General to increase or reduce an existing position 
level of a regional office: Provided further. That the total 
number of positions authorized for the Office of the Inspector 
General in Washington and overseas shall be determined by the 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-142 
Inspector General within the limitation of the appropriations 
level provided.". 
HOUSING AND OTHER CREDIT GUARANTY PROGRAMS 
During the fiscal year 1988, total commitments to guarantee loans 
shall not exceed $125,000,000 of contingent liability for loan prin-
cipal: Provided, That the President shall enter into commitments to President of U.S. 
guarantee such loans in the full amount provided under this head-
ing, subject only to the availability of qualified applicants for such 
guarantees: Provided further, That section 223(e)(2) of the Foreign 
Assistance Act of 1961 is amended by striking out "$40,000,000" and 
22 USC 2183. 
inserting in lieu thereof "$100,000,000", and pursuant to such sec-
tion borrowing authority provided therein may be exercised in such 
amounts as may be necessary to retain an adequate level of contin-
gency reserves for the fiscal year 1988: Provided further, 
That 
section 222(a) of the Foreign Assistance Act of 1961 is amended by 22 USC 2182. 
striking out "1988" and inserting in lieu thereof "1990". 
ECONOMIC SUPPORT FUND 
For necessary expenses to carry out the provisions of chapter 4 of 
part II, $3,188,320,000: Provided, That of the funds appropriated 
under this heading, not less than $1,200,000,000 shall be available 
only for Israel, which sum shall be available on a grant bsisis as a 
cash transfer and shall be disbursed within 30 days of enactment of 
this Act or by October 31, 1987, whichever is later: Provided further. 
That not less than $815,000,000 shall be available only for Egypt, 
which sum shall be provided on a grant bsisis, of which not more 
than $115,000,000 may be provided as a cash transfer with the 
understanding that Egypt will undertake significant economic re-
forms which are additional to those which were undertaken in 
previous fiscal years, and not less than $200,000,000 shall be pro-
vided as Commodity Import Program assistance: Provided further. 
President of U.S. 
That in exercising the authority to provide cash transfer assistance 
for Israel and Egypt, 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 each such country: 
Provided further, That it is the sense of the Congress that the 
recommended levels of assistance for Egypt and Israel are based in 
great measure upon their continued participation in the Camp 
David Accords and upon the Egyptian-Israeli peace treaty: Provided 
further. 
That of the funds appropriated under this heading 
$220,000,000 only shall be available for Pakistan: Provided further. 
That not less than $124,000,000 of the funds appropriated under this 
heading shall be available only for the Philippines: Provided further. 
That not less than an additional $50,000,000 of the funds appro-
priated under this heading shall be available only for the Phil-
ippines to assist in the implementation of agrarian reform in the 
Philippines if (1) the Government of the Philippines initiates an 
eiiective agrarian reform program and requests assistance from the 
United States for that program, and (2) a substantial majority of the 
resources for the implementation of that program will be provided 
by the Government of the Philippines or other non-United States 
donors, or both: Provided further. That if the conditions on agrarian 
reform in the Philippines are not met by August 31, 1988, these 
funds may be made available for assistance under this heading for 
101 STAT. 1329-143 
PUBLIC LAW 100-202—DEC. 22, 1987 
other countries or programs: Provided further, That not less than 
$20,000,000 of the funds appropriated under this heading shall be 
available only for Morocco: Provided further, That not less than 
$10,000,000 of the funds appropriated under this heading shall be 
available only for Tunisia: Provided further. That not less than 
$15,000,000 of the funds appropriated under this heading shall be 
available only for Cyprus: Provided further, That of the funds 
^
- •' 
appropriated under this heading $35,000,000 only shall be available 
for Ireland: Provided further, That of the funds appropriated under 
this heading $185,000,000 only shall be available for El Salvador, 
$80,000,000 only shall be available for Guatemala, $90,000,000 only 
.fc i.; ? 
shall be available for Costa Rica, and $85,000,000 only shall be 
available for Honduras: Provided further, That of the funds appro-
priated under this heading for El Salvador, 10 percent of such funds 
may not be obligated until enactment of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1989", 
and may be obligated only if, by the date of enactment of such Act, 
the accused murderers of United States marines in El Salvador have 
not been released from prison as a result of an amnesty program: 
Provided further. That not less than $18,000,000 of the funds appro-
priated under this heading shall be made available for Jordan, of 
which a substantial proportion of these funds shall be in support of 
the development program for the West Bank: Provided further. That 
of the funds appropriated under this heading, not less than 
$90,000,000 shall be available for Sub-Saharan Africa: Provided 
further. That notwithstanding section 660 of the Foreign Assistance 
Act of 1961 up to $1,000,000 of the funds appropriated under this 
heading may be made available to assist the Government of El 
Salvador's Special Investigative Unit for the purpose of bringing to 
justice those responsible for the murders of United States citizens in 
El Salvador: Provided further. That a report of the investigation 
shall be provided to the Congress: Provided further. That $20,000,000 
of the funds appropriated under this heading shall be made avail-
? ( 
able to carry out the Administration of Justice program pursuant to 
section 534 of the Foreign Assistance Act of 1961, of which $300,000 
shall be made available for programs for Haiti and not less than 
$2,000,000 shall be made available for programs for Guatemala: 
22 use 2346 
Provided further. That if funds made available under this heading 
note. 
are provided to a foreign country as cash transfer assistance, that 
country shall be required to maintain these funds in a separate 
account and not commingle them with any other funds: Provided 
further. That such funds may be obligated and expended notwith-
standing provisions of law which are inconsistent with the cash 
transfer nature of this assistance or which are referenced in the 
Joint Explanatory Statement of the Committee of Conference 
accompanying House Joint Resolution 648 (H. Rept. No. 98-1159): 
Provided further. That all local currencies that may be generated 
with such funds provided as a cash transfer shall be deposited in a 
specied account to be used in accordance with section 609 of the 
President of U.S. Foreign Assistance Act of 1961: Provided further. That at least 15 
days prior to obligating any such cash transfer assistance to a 
foreign country under this heading, the President shall submit a 
notification to the Committees on Appropriations, the Committee on 
Foreign Affairs of the House of Representatives and the Committee 
on Foreign Relations of the Senate, 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 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-144 
served by the assistance (including, as appropriate, a description of 
the economic poHcy reforms that will be promoted by the cash 
transfer 
assistance): Provided 
further. 
That 
not more 
than 
$5,000,000 of the funds made available under this heading may be 
availalale to finance tied aid credits, unless the President determines 
it is in the national interest to provide in excess of $5,000,000 and so 
notifies the Committees on Appropriations through the regular 
notification procedures: Provided further, That notwithstanding any 
other provision of law, none of the funds appropriated under this 
heading may be used for tied aid credits without the prior approval 
of the Administrator of the Agency for International Development: 
Provided further, That $25,000,000 of the funds appropriated under 
this heading shall be made available for earthquake relief, re-
habilitation, and reconstruction assistance for El Salvador in accord-
ance with section 491 of the Foreign Assistance Act of 1961, which 
amount shall be accounted for separately and, of which amount, not 
less than $2,000,000 shall be available for reconstruction and re-
habilitation of the National University of El Salvador and other 
institutions of higher education: Provided further, That the Office of 
the Inspector General of the Agency for International Development 
shall monitor the use of funds made available under this heading for 
earthquake relief, rehabilitation, and reconstruction assistance for 
El Salvador and shall provide, by April 15, 1988, a detailed account-
ing to the Committees on Appropriations of the uses of the funds 
j 
,; r -
made available for El Salvador during fiscal year 1987 for earth-
quake relief, rehabilitation, and reconstruction: Provided 
further, 
That $1,000,000 of the funds appropriated under this heading shall 
be made available, notwithstanding any other provision of law, only 
for the support of the independent Polish trade union "Solidarity": 
Provided further, That of the funds appropriated under this heading 
not less than $1,000,000 shall be made available, notwithstanding 
any other provision of law, only for the promotion of democratic 
activities in Chile leading to a transition to democracy: Provided 
further. That funds made available under this heading shall remain 
available until September 30, 1989. 
INDEPENDENT AGENCIES 
AFRICAN DEVELOPMENT FOUNDATION 
For necessary expenses to carry out the provisions of title V of the 
International Security and Development Cooperation Act of 1980, 
Public Law 96-533, and to make such contracts and commitments 
without regard to fiscal year limitations, as provided by section 
9104, title 31, United States Code, $7,000,000. 
INTER-AMERICAN FOUNDATION 
For expenses necessary to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 
401 of the Foreign Assistance Act of 1969, and to make such 
contracts and commitments without regard to fiscal year limita-
tions, as provided by section 9104, title 31, United States Code, 
$13,000,000. 
101 STAT. 1329-145 
PUBLIC LAW 100-202—DEC. 22, 1987 
OVERSEAS PRIVATE INVESTMENT CORPORATION 
The Overseas Private Investment Corporation is authorized to 
make such expenditures within the limits of funds available to it 
and in accordance with law (including not to exceed $35,000 for 
official reception and representation expenses), and to make such 
contracts and commitments without regard to fiscal year limita-
tions, 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. 
During the fiscal year 1988 and within the resources and author-
ity available, gross obligations for the amount of direct loans shall 
not exceed $23,000,000. 
During the fiscal year 1988, total commitments to guarantee loans 
shall not exceed $200,000,000 of contingent liability for loan 
principal. 
PEACE CORPS 
For expenses necessary to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), $146,200,000, 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 section 15(dX4) of the Peace Corps 
22 use 2514. 
Act is amended (1) by striking out "$2,500" and inserting in lieu 
thereof "the applicable cost limitation described in section 636(aX5) 
of the Foreign Assistance Act of 1961"; and (2) by inserting "Pro-
vided further. That the provisions of section 1343 of title 31, United 
States Code, shall not apply to the purchase of vehicles for the 
transportation, maintenance, or direct support of volunteers over-
seas:" after "section 7(c):": Provided further. That notwithstanding 
the provisions of section 7(aX2XA) of the Peace Corps Act (22 U.S.C. 
2506(aX2XA)), the time-limited appointment as a member of the 
Foreign Service of an individual (1) who on April 1, 1987, held such 
appointment pursuant to section 601(c) of the International Security 
and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1540), and (2) who previously held an appointment for the 
duration of operations under the Peace Corps Act pursuant to 
section 50b) of Public Law 89-134 (79 Stat. 551), shall, effective on the 
date of the enactment of this Act, be deemed to be an appointment 
for the duration of operations under the Peace Corps Act: Provided 
further, That the Peace Corps Act is amended by inserting after 
section 17 (22 U.S.C. 2516) the following new section: 
"ACTIVITIES PROMOTING AMERICANS' UNDERSTANDING OF OTHER 
PEOPLES 
22 use 2517. 
"SEC 18. In order to further the goal of the Peace Corps, as set 
forth in section 2 of this Act, relating to the promotion of a better 
understanding of other peoples on the part of the American people, 
the Director, utilizing the authorities under section lO(aXl) and 
other provisions of law, shall, as appropriate, encourage, facilitate, 
and assist activities carried out by former volunteers in furtherance 
of such goal and the efforts of agencies, organizations, and other 
individuals to support or assist in former volunteers' canying out 
such activities.". 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-146 
DEPARTMENT OF STATE 
' - 
INTERNATIONAL NARCOTICS CONTROL 
For necessary expenses to carry out the provisions of section 481 
of the Foreign Assistance Act of 1961, $98,750,000: Provided, That 
not less than $15,000,000 of the funds appropriated under this 
heading shall be available for narcotics interdiction and control 
programs for Bolivia: Provided further, That in addition to amounts 
made available pursuant to the previous proviso, not less than 
$7,000,000 of the funds appropriated under this heading shall be 
available for Latin America regional programs. 
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 and assistance to 
refugees, including contributions to the Intergovernmental Commit-
tee for Migration and the United Nations High Commissioner for 
Refugees; salaries and expenses of personnel and dependents as 
authorized by the Foreign Service Act of 1980; allowances as au-
thorized by sections 5921 through 5925 of title 5, United States Code; 
hire of passenger motor vehicles; and services as authorized by 
section 3109 of title 5, United States Code; $346,450,000: Provided, 
That not less than $25,000,000 shall be available for Soviet, Eastern 
European and other refugees resettling in Israel: Provided further. 
That not less than $8,000,000 shall be available for the construction 
of educational facilities for North African Jewish refugees in 
France: Provided further. That not less than $114,547,500 shall be 
available for the refugee admissions program, including AIDS 
screening: Provided further. That not less than $1,500,000 shall be 
available for education programs at refugee camps in Thailand: 
Provided further. That funds appropriated under this heading shall 
be administered in a manner that ensures equity in the treatment of 
all refugees receiving Federal assistance: Provided further, That no 
funds herein appropriated shall be used to assist directly in the 
migration to any nation in the Western Hemisphere of any person 
not having a security clearance based on reasonable standards to 
ensure against Communist infiltration in the Western Hemisphere: 
Provided further. That of the funds appropriated under this heading 
$5,000,000 shall be available only for costs of the expedited resettle-
ment of Vietnamese Amerasians eligible for refugee benefits, or, to 
the extent that any of such funds are not required for this purpose, 
they may be applied to admissions expenditures for Vietnamese 
Amerasians and their family members and other related Orderly 
Departure Program expenses: Provided further, That not more than 
$8,000,000 of the funds appropriated under this heading shall be 
available for the administrative expenses of the Office of Refugee 
Programs of the Department of State: Provided further, That funds 
appropriated under this heading for refugees resettling in Israel and 
for educational facilities for North African Jewish refugees shall be 
made available notwithstanding any other provision of law: Pro-
vided further. That H.R. 3770, as introduced in the House of Rep-
resentatives on December 15, 1987, is hereby enacted into law; 
section 102 of H.J. Res. 395 shall not apply with respect to provisions 
enacted by this proviso. 
101 STAT. 1329-147 
PUBLIC LAW 100-202—DEC. 22, 1987 
ANTI-TERRORISM ASSISTANCE 
For necessary expenses to carry out the provisions of chapter 8 of 
part II of the Foreign Assistance Act of 1961, $9,840,000. 
TITLE III—MILITARY ASSISTANCE 
• : : • 
.' 
FUNDS APPROPRIATED T
O THE PRESIDENT 
- 
' 
>
. 
• ^ i . 
1. 
•- 
, 
. 
= • -;: 
• 
v . -
•' 
MILITARY ASSISTANCE 
' 
' 
For necessary expenses to carry out the provisions of section 503 
of the Foreign Assistance Act of 1961, including administrative 
expenses and purchase of passenger motor vehicles for replacement 
only for use outside of the United States, $700,750,000: Provided, 
That of the funds appropriated under this heading not less than 
$125,000,000 shall be made available only for the Philippines: Pro-
vided further. That $40,000,000 shall be made available only for 
Morocco: Provided further. That up to $30,000,000 shall be made 
available only for Tunisia: Provided further, That of the funds 
appropriated under this heading not less than $7,000,000 shall be 
made available only for Guatemala: Provided further. That none of 
the funds appropriated or otherwise made available pursuant to this 
Act may be used for the procurement by Guatemala of any weapons 
or ammunition: Provided further. That $156,000,000 only shall be 
available for Turkey, and $30,000,000 only shall be available for 
Greece: Provided further. That of the funds appropriated under this 
heading not more than $28,000,000 shall be used for general costs of 
administering the Military Assistance program: Provided further. 
That not more than $2,400,000 of the funds appropriated under this 
heading shall be made available for Haiti; any material assistance 
provided from such funds shall be limited to nonlethal items such as 
transportation and communications equipment and uniforms: Pro-
vided further. That funds made available under this heading for 
Haiti shall be made available only through the regular notification 
procedures of the Committees on Appropriations: Provided further. 
That of the funds appropriated under this heading $10,000,000 shall 
be used for the purposes of section 506(c) of the Foreign Assistance 
Act of 1961 to make reimbursement for the cost of defense articles, 
defense services and/or defense training provided to the Philippines 
pursuant to the President's determination of September 16, 1986, or 
for an additional amount for use for the general costs of administer-
ing the Military Assistance program if the Secretary of Defense so 
directs in writing: Provided further. That, after September 30, 1989, 
none of the funds appropriated under this heading shall be made 
available for the purposes of section 503(aX3) of the Foreign Assist-
ance Act of 1961: 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 
22 use 232lh. 
further. That section 514 of the Foreign Assistance Act of 1961 is 
amended (1) by amending subsection (bX2) to read as follows: "(2) 
The value of such additions to stockpiles in foreign countries shall 
not exceed $116,000,000 for fiscal year 1988.", and (2) by amending 
subsection (c) by inserting ", Thailand," after "Korea": Provided 
further. That funds appropriated under this heading shall remain 
available until September 30, 1990. 
, 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-148 
; K 
INTERNATIONAL MIUTARY EDUCATION AND TRAINING 
For necessary expenses to carry out the provisions of section 541, 
$47,400,000. 
FOREIGN 
MIUTARY 
CREDIT 
SALES 
For expenses necessary to enable the President to carry out the 
provisions of section 23 of the Arms Export Control Act, 
$4,049,000,000, of which not less than $1,800,000,000 shall be avail-
able only for Israel, not less than $1,300,000,000 shall be available 
only for Egypt, $260,000,000 only shall be available for Pakistan, not 
less than 
$12,000,000 shall be available only for Morocco, 
$334,000,000 only shall be available for Turkey, and not less than 
$313,000,000 shall be available only for Greece: Provided, That to the 
extent that the Government of Israel requests that funds be used for 
such purposes, credits made available for Israel under this heading 
shall, as agreed by Israel and the United States, be available for 
advanced fighter aircraft programs or for other advanced weapon 
systems, as follows: (1) up to $150,000,000 shall be available for 
research and development in the United States; and (2) not less than 
$400,000,000 shall be available for the procurement in Israel of 
defense articles and defense services, including research and devel-
opment: Provided further. That Israel and Egypt shall be released 
from their contractual liability to repay the United States Govern-
ment with respect to all credits provided under this heading, and 
Pakistan shall be released from such liability with respect to 
$30,000,000 of the credits provided under this heading, and Turkey 
shall be released from such liability with respect to $156,000,000 of 
the credits provided under this heading: Provided further, 
That 
during fiscal year 1988, gross obligations for the principal amount of 
direct loans, exclusive of loan guarantee defaults, shall not exceed 
$4,049,000,000: Provided further. That any funds made available 
under this heading, except as otherwise specified, may be made 
available at concessional rates of interest, notwithstanding section 
310aX2) of the Arms Export Control Act: Provided further. That the 
concessional rate of interest on foreign military credit sales loans 
shall be not less than 5 percent per year: Provided further. That all 
country and funding level changes in requested concessional financ-
ing allocations shall be submitted through the regular notification 
procedures of the Committees on Appropriations: 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. 
FOREIGN MILITARY SALES DEBT REFORM 
(a) REFINANCING.—Notwithstanding any other provision of law, 22 USC 2764 
the President is authorized during fiscal years 1988 through 1991 to "o^e. 
transfer existing United States guaranties of outstanding Foreign 
Military Sales (FMS) credit debt, or to issue new guaranties, either 
of which would be applied to loans, bonds, notes or other obligations 
made or issued (as the case may be) by private United States 
financial institutions (the private lender) to finance the prepayment 
at par of the principal amounts maturing after September 30, 1989 
of existing FMS loans bearing interest rates of ten percent or 
higher, and arrearages thereon. The loans, bonds, notes or other 
obligations are hereinafter referred to as the "private loan": Pro-
101 STAT. 1329-149 
PUBLIC LAW 100-202—DEC. 22, 1987 
vided, That such guaranties which are transferred or are made 
pursuant to paragraph (a) shall cover no more and no less than 
ninety percent of the private loan or any portion or derivative 
thereof plus unpaid accrued interest and arrearages, if any, 
outstanding at the time of guaranty transfer or extension: Provided 
further, That the total amount of the guaranty of the private loan 
cannot exceed ninety percent of the outstanding principal, unpaid 
accrued interest and arrearages, if any, at any time: Provided 
further, That of the total amount of the private loan, the ninety 
percent guaranteed portion of the private loan cannot be separated 
from the private loan at any time: Provided further, That no sums in 
addition to the payment of the outstanding principal amounts 
maturing after September 30, 1989 of the loan (or advance), plus 
unpaid accrued interest thereon, and arrearages, if any, shall be 
charged by the private lender or the Federal Financing Bank as a 
result of such prepayment against the borrower, the guarantor, or 
the Guaranty Reserve Fund (GRF), except that the private lender 
may include, in the interest rate charged, a standard fee to cover 
costs, such fee which will be set at prevailing market rates, and no 
guaranty fee shall be charged on guarantees transferred or issued 
pursuant to this provision: Provided further. That the terms of 
guaranties transferred or issued under this paragraph shall be 
exactly the same as the existing loans or guarantees, except as 
modified by this paragraph and including but not limited to the 
final maturity and principal and interest payment structure of the 
existing loans which shall not be altered, except that the repay-
ments of the private loan issued debt may be consolidated into two 
payments per year: Provided further, That the private loan or 
guarantees transferred or issued pursuant to this paragraph shall be 
fully and freely transferable, except that any guaranty transferred 
or extended shall cease to be effective if the private loan or any 
derivative thereof is to be used to provide significant support for any 
non-registered obligation: Provided further. That for purposes of 
sections 23 and 24 of the Arms Export Control Act (AECA), the term 
"defense services" shall be deemed to include the refinancing of 
FMS debt outstanding at the date of the enactment of this Act: 
Provided further. That not later than ninety days sifter the enact-
ment of this Act, the Secretary of the Treasury (Secretary) shall 
issue regulations to carry out the purposes of this heading and that 
in issuing such regulations, the Secretary shall (1) facilitate the 
prepayment of loans and loan advances hereunder, (2) provide for 
full processing of each application within thirty days of its submis-
sion to the S^retary, and (3) except as provided in section 24(a) of 
the AECA, impose no restriction that increases the cost to borrowers 
of obtaining private financing for prepajonent hereunder or that 
inhibits the ability of the borrower to enter into prepa)mient 
.•:' 
' 
arrangements hereunder: Provided further. That the Secretary of 
State shall transmit to the Committee on Foreign Affairs of the 
House of Representatives, the Committee on Foreign Relations of 
the Senate, and the Committees on Appropriations of the House of 
Representatives and Senate, a copy of the text of any agreement 
entered into pursuant to this section not more than thirty days after 
its entry into force, together with a description of the transaction, 
(b) INTEREST RATE REDUCTION.—Notwithstanding any other provi-
sion of law, there is hereby appropriated such sums as may be 
necessary, but not more than $270,000,000, to be made available 
after October 1, 1988 to the Secretary of E)efense for the Defense 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-150 
Security Assistance Agency for deposit into a new account, to 
remain available until expended: Provided, That the funds shall be 
used solely for the purpose of lowering the interest rate on Foreign 
Military Sales (FMS) credits which were financed through the Fed-
eral Financing Bank (FFB) for countries which do not refinance one 
or more FFB loans pursuant to paragraph (a) of this heading, and 
which loans have interest rates exceeding ten percent, down to an 
interest rate of ten percent for the remaining life of such loans: 
Provided further, That these funds shall be available only subject to 
a Presidential budget request: Provided further, That it is the intent 
of the Congress that these funds shall be available to all countries 
having FMS credits from the FFB that carry interest rates in excess 
of ten percent. 
(c) ARREARAGES.—(1) None of the funds provided pursuant to the 
Arms Export Control Act (relating to Foreign Military Sales credits) 
or pursuant to chapter 2 of part II of the Foreign Assistance Act 
(relating to the Military Assistance program) shall be made avail-
able to any country for which one or more loans is refinanced 
pursuant to paragraph (a) of this heading and which is in default for 
a period in excess of ninety days in payment of principal or interest 
on (A) any loan made to such country guaranteed by the United 
States pursuant to paragraph (a) of this heading, and (B) any other 
loan issued pursuant to the Arms Export Control Act outstanding on 
the date of enactment of this provision. 
(2) In conjunction with any interest rate reduction pursuant to the President of U.S. 
authority provided in paragraph (b) of this heading, the President 
shall require the country to commit in writing that within two years 
of the effective date of the interest rate reduction it will be no more 
than ninety days in arrears on the repayment of principal and 
interest on all loans for which the interest rate is thus reduced and 
will remain no more than ninety days in arrears for the remaining 
life of all such loans. None of the funds provided pursuant to the 
Arms Export Control Act or chapter 2 of part II of the Foreign 
Assistance Act shall be made available to any country during any 
period in which it fails to comply with such commitment. 
(d) PURPOSES AND REPORTS.—The authorities of paragraphs (a) and 
(b) of this heading may be utilized by the President in efforts to 
negotiate base rights and base access agreements, and for other 
bilateral foreign policy matters: Provided further, That the Secretar-
ies of Defense, State, and Treasury shall transmit to the Committee 
on Foreign Affairs of the House of Representatives, the Committee 
on Foreign Relations of the Senate, and the Committees on Appro-
priations of the House of Representatives and Senate a joint report 
detailing the United States financial and foreign policy purposes 
served by implementation of this authority on a country by country 
basis not later than March 1, 1989, and a second joint report not 
later than August 1,1989. 
GUARANTY RESERVE FUND 
There are hereby appropriated $532,000,000 to be made available 
to the Guaranty Reserve Fund for payment to the Federal Financ-
ing Bank subject to claims under guarantees issued under the Arms 
Export Control Act: Provided, That if during fiscal year 1989 the 
funds available in the Guaranty Reserve Fund (Fund) are insuffi-
cient to enable the Secretary of Defense (Secretary) to discharge his 
responsibilities, as guarantor of loans guaranteed pursuant to sec-
101 STAT. 1329-151 
PUBLIC LAW 100-202—DEC. 22, 1987 
tion 24 of the Arms Export Control Act (AECA) or pursuant to this 
Act, the Secretary shall issue to the Secretary of the Treasury notes 
or other obligations in such forms and denominations, bearing such 
maturities, and subject to such terms and conditions, as may be 
prescribed by the Secretary of the Treasury. Such notes or obliga-
tions may be redeemed by the Secretary from appropriations and 
other funds available, including repayments by the borrowers of 
amounts paid pursuant to guarantees issued under section 24 of the 
AECA. Such notes or other obligations shall bear interest at a rate 
determined by the Secretary of the Treasury, taking into consider-
ation the average market yield on outstanding marketable obliga-
tions of the United States of comparable maturities during the 
month preceding the issuance of the notes or other obligations. The 
Secretary of the Treasury shall purchase any notes or other obliga-
tions issued hereunder and for that purpose he is authorized to use 
as a public debt transaction the proceeds from the sale of any 
securities issued under the Second Liberty Bond Act, and the pur-
poses for which securities may be issued under the Second Liberty 
Bond Act are extended to include any purchase of such notes or 
obligations. The Secretary of the Treasury may at any time sell any 
of the notes or other obligations acquired by him under this heading. 
All redemptions, purchases, and sales by the Secretary of the Treas-
ury of such notes or other obligations shall be treated as public debt 
- , 
transactions of the United States. 
' 
^ 
FOREIGN MIUTARY CREDIT SALES 
' 
' 
(RESCISSION) 
•'"'-•'•".•'-•• ^
' ". 
^ . ' - v - - . W . 
Of the funds made available in fiscal years 1985 and 1986 for 
expenses necessary to enable the President to carry out the provi-
sions of section 23 of the Arms Export Control Act, $32,000,000 is 
rescinded. 
SPECIAL DEFENSE ACQUISITION FUND 
; 
' 
-J 
(UMITATION ON OBLIGATIONS) 
^ Not to exceed $236,865,000 may be obligated pursuant to section 
51(cX2) of the Arms Export Control Act for the purposes of the 
Special Defense Acquisition Fund during fiscal year 1988: Provided, 
That section 632(d) of the Foreign Assistance Act of 1961 shall be 
applicable to the transfer to countries pursuant to chapter 2 of part 
II of that Act of defense articles and defense services acquired under 
chapter 5 of the Arms Export Control Act. 
PEACEKEEPING OPERATIONS 
For necessary expenses to carry out the provisions of section 551, 
$31,689,000: Provided. That, notwithstanding sections 451, 492(b), or 
614 of the Foreign Assistance Act of 1961, or any other provision of 
law, these funds may be used only as justified in the Congressional 
Presentation Document for fiscal year 1988: Provided further. That, 
to the extent that these funds cannot be used to provide for such 
assistance, they shall revert to the Treasury as miscellaneous 
receipts. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-152 
TITLE IV—EXPORT ASSISTANCE 
EXPORT-IMPORT BANK OF THE UNITED STATES 
The Export-Import Bank of the United States is authorized to Contracts. 
make such expenditures within the Umits 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 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 gissistance under this Act that has 
detonated a nuclear explosive after the date of enactment of this 
Act. 
UMITATION ON PROGRAM ACTIVITY 
During the fiscal year 1988 and within the resources and author-
ity available, gross obligations for the principal amount of direct 
loans shall not exceed $690,000,000: Provided, That at the discretion 
of the Chairman of the Export-Import Bank, up to $110,000,000 of 
that amount may be available, subject to the regular notification 
procedures of the Appropriations Committees of the Senate and 
House of Representatives, as tied-aid credits in accordance with the 
provisions of the Export-Import Bank Act Amendments of 1986: 
Provided further, That there is appropriated to the Export-Import 
Bank of the United States an amount equal to the grant amount of 
tied-aid credits which are made available from time to time, but not 
to exceed $110,000,000, which shall be subject to the limitation on 
gross obligations for the principal amount of direct loans specified 
under this heading: Provided further. That during the fiscal year 
1988, total commitments to guarantee loans shall not exceed 
$10,000,000,000 of contingent liability for loan principal: Provided 
further, That the direct loan and guaranty authority provided under 
this heading shall remain available until September 30,1989. 
UMITATION ON ADMINISTRATIVE EXPENSES 
Not to exceed $19,500,000 (to be computed on an accrual basis) 
shall be available during fiscal year 1988 for administrative ex-
penses, including hire of passenger motor vehicles and services £is 
authorized by section 3109 of title 5, United States Code, and not to 
exceed $16,000 for official reception and representation expenses for 
members of the Board of Directors: Provided, That (1) fees or dues to 
international organizations of credit institutions engeiged in financ-
ing foreign trade, (2) necessary expenses (including special services 
performed on a contract or a fee basis, but not including other 
personal services) in connection with the acquisition, operation, 
maintenance, improvement, or disposition of any real or personal 
property belonging to the Export-Import Bank or in which it has an 
interest, including expenses of collections of pledged collateral, or 
the investigation or appraisal of any property in respect to which an 
application for a loan has been made, and (3) expenses (other than 
101 STAT. 1329-153 
PUBLIC LAW 100-202—DEC. 22, 1987 
internal expenses of the Export-Import Bank) incurred in connec-
tion with the issuance and servicing of guarantees, insurance, and 
reinsurance, shall be considered as nonadministrative expenses for 
the purposes of this heading. 
FUNDS APPROPRIATED TO THE PRESIDENT 
' 
TRADE AND DEVELOPMENT PROGRAM 
' 
For necessary expenses to carry out the provisions of section 661 
of the Foreign Assistance Act of 1961, $25,000,000: Provided, That of 
this amount up to $5,000,000 may be used for joint financing with 
individual State trade promotion organizations of activities directed 
at the expansion of trade with developing and middle income coun-
tries, including such activities as trade fairs, seminars, targeting 
and feasibility studies, and activities directed at enhancing the use 
of exports from the United States in bilateral and multilateral 
projects. 
AGENCY FOR INTERNATIONAL DEVELOPMENT 
TRADE CREDIT INSURANCE PROGRAM 
During fiscal year 1988, total commitments to guarantee or insure 
loans for the "Trade Credit Insurance Program" shall not exceed 
$200,000,000 of contingent liability for loan principal. 
TITLE V—GENERAL PROVISIONS 
' v 
COST BENEFIT STUDIES 
SEC. 501. None of the funds appropriated in this Act (other than 
funds appropriated for "International Organizations and Pro-
grams") shall be used to finance the construction of any new fiood 
control, reclamation, or other water or related land resource project 
or program which has not met the standards and criteria used in 
determining the feasibility of flood control, reclamation, and other 
water and related land resource programs and projects proposed for 
construction within the United States of America under the prin-
ciples, standards and procedures established pursuant to the Water 
Resources Planning Act (42 U.S.C. 1962, et seq.) or Acts amendatory 
or supplementary thereto. 
OBUGATIONS DURING LAST MONTH OF AVAILABILITY 
SEC, 502. Except for the appropriations entitled "International 
Disaster Assistance", and "United States Emergency Refugee and 
Migration Assistance Fund", not more than 15 per centum of any 
appropriation item made available by this Act shall be obligated 
during the last month of availability. 
PROHIBITION AGAINST PAY TO FOREIGN ARMED SERVICE MEMBER 
SEC. 503. None of the funds appropriated in this Act nor any of the 
counterpart funds generated as a result of assistance hereunder or 
any prior Act shall be used to pay pensions, annuities, retirement 
pay, or adjusted service compensation for any person heretofore or 
hereafter serving in the armed forces of any recipient country. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-154 
^
M
v
V 
..t^v 
TERMINATION FOR CONVENIENCE 
( 
, 
SEC. 504. None of the funds appropriated or made available pursu-
ant to this Act for carrying out the Foreign Assistance Act of 1961, 
may be used for making payments on any contract for procurement 
to which the United States is a party entered into after the date of 
enactment of this Act which does not contain a provision authoriz-
ing the termination of such contract for the convenience of the 
United States. 
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS 
SEC. 505. None of the funds appropriated or made available pursu-
ant 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. 
PROHIBITION OF BILATERAL FUNDING FOR MULTILATERAL PROGRAMS 
SEC. 506. 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. 
AID RESIDENCE EXPENSES 
SEC. 507. 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 States-
owned foreign currencies are utilized in lieu of dollars. 
AID ENTERTAINMENT EXPENSES 
SEC. 508. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $11,500 shall be for entertainment expenses 
of the Agency for International Development during the current 
fiscal year. 
REPRESENTATIONAL ALLOWANCES 
SEC. 509. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $115,000 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: Pro-
vided further. That of the total funds made available by this Act 
under the headings "Military Assistance" and "Foreign Military 
Credit Sales", not to exceed $2,875 shall be available for entertain-
ment expenses and not to exceed $75,000 shall be avsdlable 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 $125,000 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 $2,875 shall be available for entertainment and represen-
tation allowances: Provided further. That of the funds made avail-
able by this Act for the Peace Corps, not to exceed a total of $4,600 
101 STAT. 1329-155 
PUBLIC LAW 100-202—DEC. 22, 1987 
shall be available for entertainment expenses: Provided 
further. 
That of the funds made available by this Act under the heading 
"Trade and Development Program", not to exceed $2,300 shall be 
available for representation and entertainment allowances. 
PROHIBITION ON FINANCING NUCLEAR GOODS 
' SEC. 510. None of the funds appropriated or made available (other 
than funds for "International Organizations and Programs") pursu-
ant to this Act, for carrying out the Foreign Assistance Act of 1961, 
may be used to finance the export of nuclear equipment, fuel, or 
technology. 
HUMAN RIGHTS 
- 
, ; 
. 
SEC. 511. Funds appropriated by this Act may not be obligated or 
expended to provide assistance to any country for the purpose of 
aiding the efforts of the government of such country to repress the 
legitimate rights of the population of such country contrary to the 
Universal Declaration of Human Rights. 
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES 
' 
SEC. 512. 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 Angola, Cambodia, 
Cuba, Iraq, Libya, the Socialist Republic of Vietnam, South Yemen, 
Iran, or Syria. 
^ 
MILITARY COUPS 
i 
'^ 
• 
SEC. 513. 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: Pro-
vided, That assistance may be resumed to such country if the 
President determines and reports to the Committees on Appropria-
tions that subsequent to the termination of assistance a democrat-
ically elected government has taken office. 
TRANSFERS BETWEEN ACCOUNTS 
SEC. 514. None of the funds made available by this Act may be 
obligated under an appropriation account to which they were not 
appropriated without the prior written approval of the Committees 
on Appropriations. 
? •• ? r 
D E O B U G A T I O N / R E O B U G A T I O N AUTHORITY 
iH 
SEC. 515. Amounts certified pursuant to section 1311 of the 
Supplemental Appropriations Act, 1955, sis 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 the "Agency for International Development" 
are, if deobligated, hereby continued available for the same period 
as the respective appropriations under such headings or until 
September 30, 1988, 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 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-156 
Houses of the Congress are notified fifteen days in advance of the 
deobligation and reobligation of such funds. 
PROHIBITION ON PUBUCITY OR PROPAGANDA 
SEC. 516. 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. 
AVAILABIUTY OF FUNDS 
SEC. 517. 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 chapter 1 of part I and 
chapter 4 of part II of the Foreign Assistance Act of 1961, as 
amended, shall remain available until expended if such funds are 
initially obligated before the expiration of their respective periods of 
availability contained in this Act. 
UMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT 
SEC. 518. 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. 
FINANCIAL INSTITUTIONS—NAMES OF BORROWERS 
SEC. 519. None of the funds appropriated or made available pursu- Loans. 
ant to this Act shall be available to any international financial 
institution whose United States governor or representative cannot 
upon request obtain the amounts and the names of borrowers for all 
loans of the international financial institution, including loans to 
employees of the institution, or the compensation and related bene-
fits of employees of the institution. 
FINANCIAL INSTITUTIONS—DOCUMENTATION 
SEC. 520. None of the funds appropriated or made available pursu-
ant to this Act shall be available to any international financial 
institution whose United States governor or representative cannot 
upon request obtain any document developed by or in the possession 
of the management of the international financial institution, unless 
the United States governor or representative of the institution 
certifies to the Committees on Appropriations that the confidential-
ity of the information is essential to the operation of the institution. 
COMMERCE AND TRADE 
SEC. 521. None of the funds appropriated or made available pursu-
ant 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 £issistance or any other financial 
commitments for establishing or expanding production of any 
commodity for export by any country other than the United States, 
101 STAT. 1329-157 
PUBLIC LAW 100-202—DEC. 22, 1987 
if the commodity is likely to be in surplus on world markets at the 
time the resulting productive capacity is expected to become opera-
tive 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. 
< 
f. y, 
u
r 
SURPLUS COMMODITIES 
„;^^ 
..._ y 
22 use 262h. 
SEC. 522. The Secretary of the Treasury shall instruct the United 
States Executive Directors of the International Bank for Reconstruc-
tion and Development, the International Development Association, 
the International Finance Corporation, the Inter-American Develop-
ment Bank, the International Monetary Fund, the Asian Develop-
ment Bank, the Inter-American Investment Corporation, the Afri-
can 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. 
NOTIFICATION REQUIREMENTS 
SEC. 523. For the purposes of providing the Executive Branch with 
the necessary administrative flexibility, none of the funds made 
available under this Act for "Agriculture, rural development, and 
nutrition. Development Assistance", "Population, Development 
Assistance", "Child Survival Fund", "Health, Development Assist-
ance", "International AIDS Prevention and Control Program", 
"Education and human resources development. Development Assist-
ance", "Private Sector, Environment, and Energy, Development 
Assistance", "Science and technology. Development Assistance", 
"Sub-Saharan Africa, Development Assistance", "Southern Africa, 
Development Assistance", "International organizations and pro-
grams", "American schools and hospitals abroad", "Trade and 
development program", "International narcotics control", "Eco-
nomic support fund", "Peacekeeping operations", "Operating ex-
penses of the Agency for International Development", "Operating 
expenses of the Agency for International Development Office of 
Inspector General", "Anti-terrorism gissistance", "Military Assist-
ance", "Foreign Military Credit Sedes", "International military 
education and training", "Inter-American Foundation", "African 
Development Foundation", "Peace Corps", or "Migration and refu-
gee assistance", shall be available for obligation for activities, pro-
grams, projects, type of materiel assistance, countries, or other 
operation not justified or in excess of the amount justified to the 
Appropriations Committees for obligation under any of these spe-
cific headings for the current fiscal year unless the Appropriations 
Committees of both Houses of Congress are previously notified 
fifteen days in advance: Provided, That the President shall not enter 
into any commitment of funds appropriated for the purposes of 
chapter 2 of part II of the Foreign Assistance Act of 1961 or of funds 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-158 
appropriated for the purposes of section 23 of the Arms Export 
Control Act for the provision of major defense equipment, other 
than conventional ammunition, not previously justified to Congress 
or 20 per centum in excess of the quantities justified to Congress 
unless the Committees on Appropriations are notified fifteen 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 20 per centum of the amount previously justified to 
the Congress for obligation for such activity, program, or project for 
the current fiscal year. 
CONSULTING SERVICES 
SEC. 524. The expenditure of any appropriation under this Act for Contracts. 
any consulting service through procurement contract, pursuant to 5 Public 
U.S.C. 3109, shall be limited to those contracts where such expendi- ^formation. 
tures are a matter of public record and available for public inspec-
tion, except where otherwise provided under existing law, or under 
existing Executive order pursuant to existing law. 
PROHIBITION ON ABORTION LOBBYING 
SEC. 525. None of the funds appropriated under this Act may be 
used to lobby for abortion. 
NARCOTICS CONTROL REPORTING 
SEC. 526. None of the funds appropriated or otherwise made 
available under this Act may be available for any country during 
any three-month period beginning on or after October 1, 1987, 
immediately following a certification by the President to the Con-
gress that the government of such country is failing to take 
adequate measures to prevent narcotic drugs or other controlled 
substances (as listed in the schedules in section 202 of the Com-
prehensive Drug Abuse and Prevention Control Act of 1971 (21 
U.S.C. 812)) which are cultivated, produced, or processed illicitly, in 
whole or in part, in such country, or transported through such 
country from being sold illegally within the jurisdiction of such 
country to United States Government personnel or their dependents 
or from entering the United States unlawfully. 
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL 
ORGANIZATIONS AND PROGRAMS 
SEC. 527. Notwithstanding any other provision of law or of this 
Act, none of the funds provided for "International Organizations 
and Progrgmis" shall be available for the United States propor-
tionate share for any programs for the Palestine Liberation 
Organization, the Southwest African Peoples Organization, Libya, 
Iran, or, at the discretion of the President, Communist countries 
listed in section 620(f) of the Foreign Assistance Act of 1961, as 
amended. 
UNITED NATIONS VOTING RECORD 
President of U.S. 
Reports. 
SEC. 528. (a) Not later than January 31 of each year, or at the time 
22 USC 2414a. 
of the transmittal by the President to the Congress of the annual 
presentation materials on foreign assistance, whichever is earlier, 
the President shall transmit to the Speaker of the House of Rep-
101 STAT. 1329-159 
PUBLIC LAW 100-202—DEC. 22, 1987 
resentatives and the President of the Senate a full and complete 
report which sissesses, with respect to each foreign country, the 
degree of support by the government of each such country during 
the preceding twelve-month period for the foreign policy of the 
United States. Such report shall include, with respect to each such 
country which is a member of the United Nations, information to be 
compiled and supplied by the Permanent Representative of the 
United States to the United Nations, consisting of a comparison of 
the overall voting practices in the principal bodies of the United 
Nations during the preceding twelve-month period of such country 
and the United States, with special note of the voting and speaking 
records of such country on issues of major importance to the United 
States in the General Assembly and the Security Council, and shall 
* 
also include a report on actions with regard to the United States in 
J, 
important related documents such as the Non-Aligned Commu-
nique. A full compilation of the information supplied by the Perma-
nent Representative of the United States to the United Nations for 
inclusion in such report shall be provided as an addendum to such 
report. 
(b) None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to finance 
directly any assistance to a country which the President finds, based 
on the contents of the report required to be transmitted under 
subsection (a), is engaged in a consistent pattern of opposition to the 
foreign policy of the United States. 
(c) The report required by subsection (a) of this section shall be in 
the identical format as the "Report to Congress on Voting Practices 
in the United Nations" which was submitted pursuant to Public 
Law 99-190 and Public Law 98-164 on June 6,1986. 
LOANS TO ISRAEL UNDER ARMS EXPORT CONTROL ACT 
SEC. 529. Notwithstanding any other provision of law, Israel may 
utilize any loan which is or was made available under the Arms 
Export Control Act and for which repayment is or was forgiven 
before utilizing any other loan made available under the Arms 
Export Control Act. 
PROHIBITION AGAINST UNITED STATES EMPLOYEES RECOGNIZING OR 
NEGOTIATING WITH PLO 
SEC. 530. In reaffirmation of the 1975 memorandum of agreement 
between the United States and Israel, and in accordance with 
section 1302 of the International Security and Development Co-
operation Act of 1985 (Public Law 99-83), no employee of or individ-
ual acting on behalf of the United States Government shall recog-
nize or negotiate with the Palestine Liberation Organization or 
representatives thereof, so long as the Palestine 
Liberation 
Organization does not recognize Israel's right to exist, does not 
accept Security Council Resolutions 242 and 338, and does not 
renounce the use of terrorism. 
ECONOMIC SUPPORT FUNDS FOR ISRAEL 
SEC. 531. The Congress finds that progress on the peace process in 
the Middle East is vitally important to United States security 
interests in the region. The Congress recognizes that, in fulfilling its 
obligations under the Treaty of Peace Between the Arab Republic of 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-160 
Egypt and the State of Israel, done at Washington on March 26, 
1979, Israel incurred severe economic burdens. Furthermore, the 
Congress recognizes that an economically and militarily secure 
Israel serves the security interests of the United States, for a secure 
Israel is an Israel which has the incentive and confidence to con-
tinue pursuing the peace process. Therefore, the Congress declares 
that it is the policy and the intention of the United States that the 
funds provided in annual appropriations for the Economic Support 
Fund which are allocated to Israel shall not be less than the annual 
debt repayment (interest and principal) from Israel to the United 
States Government in recognition that such a principle serves 
United States interests in the region. 
CEIUNGS AND EARMARKS 
SEC. 532. 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. 
NOTIFICATION REQUIREMENT ON FUNDING FOR LEBANON 
SEC. 533. None of the funds appropriated or otherwise made 
- ^ - ^ •'^' ' 
available pursuant to this Act for the "Economic Support Fund" or 
for "Foreign Military Credit Sales" shall be obligated or expended 
for Lebanon except as provided through the regular notification 
procedures of the Committees on Appropriations. 
UMITATIONS RELATED TO DRUG CONTROL IN JAMAICA, PERU, AND 
BOUVIA 
SEC. 534. (a) In making determinations with respect to Peru and 
Jamaica pursuant to section 481(hX2XAXiXI) of the Foreign Assist-
ance Act of 1961, the President shall take into account the extent to 
which the Government of each country is sufficiently responsive to 
United States Government concerns on drug control and whether 
the added provision of assistance for that country is in the national 
interest of the United States. 
Qi) In making determinations with respect to Bolivia pursuant to 
section 481(hX2XAXiXI) of the Foreign Assistance Act of 1961, the 
President shall take into account (1) the extent to which the Govern-
ment of Bolivia has engaged in narcotics interdiction operations 
which have significantly disrupted the illicit coca industry in Bolivia 
or has continued to cooperate with the United States in such 
operations; and (2) whether Bolivia has either met the eradication 
targets for the calendar year 1985 contained in its 1983 narcotics 
agreements with the United States or has adopted a plan to elimi-
nate illicit narcotics cultivation, production, and trafficking country-
wide, and has entered into an agreement of cooperation with the 
United States for implementing that plan for 1988 and beyond and 
is making substantial progress toward the plan's objectives, includ-
ing substantial eradication of illicit coca crops and effective use of 
United States assistance. 
NOTIFICATION CONCERNING AIRCRAFT IN CENTRAL AMERICA 
SEC. 535. (a) During the fiscal year 1988, the authorities of part II 
of the Foreign Assistance Act of 1961 and the Arms Export Control 
101 STAT. 1329-161 
PUBLIC LAW 100-202—DEC. 22, 1987 
Act may not be used to make available any helicopters or other 
aircraft for military use, and licenses may not be issued under 
section 38 of the Arms Export Control Act for the export of any such 
aircraft, to any country in Central America unless the Committees 
on Appropriations, the Committee on Foreign Affairs of the House 
of Representatives and the Committee on Foreign Relations of the 
Senate are notified in writing at least 15 days in advance. 
(b) During the fiscal year 1988, the Secretary of State shall 
promptly notify the committees designated in subsection (a) when-
ever any helicopters or other aircraft for military use are provided 
to any country in Central America by any foreign country. 
GUATEMALA—RESETTLEMENT PROGRAM 
SEC. 536. Funds provided in this Act for Guatemala may not be 
provided to the Government of Guatemala for use in its rural 
resettlement program, except through the regular notification 
procedures of the Committees on Appropriations. 
. 
. 
ENVIRONMENTAL CONCERNS 
22 use 262/. 
SEC. 537. (a) It is the policy of the United States that participation 
in international financial institutions is predicated on the im-
plementation of programs to promote environmentally sustainable 
economic growth and sustainable management of natural resources. 
The Secretary of the Treasury shall instruct the United States 
Executive Directors of the Multilateral Development Banks (MDB's) 
to continue to vigorously promote a commitment of these institu-
tions to— 
(1) add appropriately trained professional staff with expertise, 
and rigorously strengthen existing staffs' training in ecology 
and related areas; 
(2) develop and implement maneigement plans to ensure 
systematic environmental review of all projects; 
(3) fully inform and involve host country environmental and 
health officials (Federal and local) and 
nongovernmental 
environmental and indigenous peoples organizations at all 
stsiges of the project cycle in environmentally sensitive projects 
as well as in policy based lending to ensure the active participa-
tion of local communities and non-governmental organizations 
in the planning of projects that may adversely affect them; 
(4) substantially increase the proportion of lending supporting 
environmentally beneficial projects and project components, 
including but not limited to technical assistance for environ-
mental ministries and institutions, resource rehabilitation 
projects and project components, protection of indigenous peo-
ples, and appropriate light capital technology projects. Other 
examples of such projects include small scale mixed farming 
and multiple cropping, agroforestry, programs to promote 
kitchen gardens, watershed maneigement and rehabilitation, 
high jdeld wood lots, integrated pest management systems, dune 
stabilization programs, programs to improve energy efficiency, 
energy efficient technologies such as small scale hydro projects, 
solar, wind and biomass energy systems, rural and mobile 
telecommunications systems, and improved efficiency 
and 
management of irrigation systems; and 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-162 
(5) conduct analyses of the comparative costs of new generat-
ing facilities with the cost of increasing energy efficiency in the 
project service area. 
(b) The Secretary of the Treasury shall instruct the United States 
Executive Directors of the MDB's and, where appropriate, the Inter-
national Monetary Fund (IMF) to— 
(1) promote the requirement that all country lending strate- Loans. 
gies, policy based loans and adjustment programs contain analy-
ses of the impact of such activities on the natural resources, 
potential for sustainable development, and legal protections for 
the land rights of indigenous peoples; 
(2) promote the establishment of programs of policy-based 
lending in order to improve natural resource management, 
environmental quality, and protection of biological diversity; 
(3) seek a commitment of these institutions to promote the 
conservation of wetlands, tropical forests, and other unique 
biological and highly productive ecosystems. 
(c) The Secretary of the Treasury shall undertake an analysis of 
potential initiatives, to be implemented through the MDB's, the IMF 
and other existing or newly created institutions, to enable develop-
ing countries to repay portions of their outstanding debt through 
investments in conservation of tropical forests, wetlands and other 
conservation activities. The Secretary of the Treasury shall report Reports. 
his findings and implementation plan (including projected time-
table) for such "debt for conservation" initiatives including, but not 
limited to conservation exchanges, to the Committees on Appropria-
tions by April 1, 1988. Initiatives to be considered shall include, but 
not be limited to— 
(1) the operation of mechanisms to purchase, at market dis-
counts, developing country debt in exchange for domestic cur-
rency investments in conservation at the full par value of the 
purchased debt; 
(2) the operation of mechanisms to reschedule substantial 
. 
;j 1 
amounts of developing country debt to longer term maturities 
with reduced interest rates in exchange for borrower country 
conservation investment in local currencies; and 
(3) the establishment of programs by the World Bank and 
IMF to encourage the private purchase of developing country 
debt at discount rates in exchange for local currency conserva-
tion investments at the full par value of such debt. 
(d) In order to promote sustainable and non-chemical dependent 
agriculture, the Secretary of the Treasury shall instruct the United 
States Executive Directors of the MDB's to initiate discussions with 
other directors of the MDB's to propose that policies be established 
that integrated pest management and biological control of pests be a 
preferential and priority approach to pest management on all bank 
sponsored agricultural projects. 
(e) The Secretary of the Treasury shall instruct the United States 
Executive Director to the International Monetary Fund to promote 
the requirement that the IMF conduct an in-depth analysis of the 
impact of its adjustment policies and conditionality of its lending 
facilities on the environment, public health, natural resources and 
indigenous people. 
; 
(f) No later than March 30, 1988, the Secretary of State and the 
Administrator of the Agency for International Development shall 
initiate discussions with other donor nations, to explore ways in 
which said donor nations can support the addition of professionals 
101 STAT. 1329-163 
PUBLIC LAW 100-202—DEC. 22, 1987 
Public 
information. 
Loans. 
Reports. 
trained in environmental and socio-cultural impact analysis to the 
Inter-American Development Bank, Asian Development Bank and 
African Development Bank. On the basis of such discussions the 
Secretary of State and the Administrator of the Agency for Inter-
national Development shall provide resources, including profes-
sional staff on loan, and/or financial support, to ensure with other 
donor nations the addition of sufficient staff trained in environ-
mental and socio-cultural impact analysis to each of the above 
named regional development banks. 
(g) The Secretary of the Treasury and the Secretary of State, in 
cooperation with the Administrator of the Agency for International 
Development, shall conduct bilateral and multilateral discussions 
with other members of the MDB's to further strengthen the environ-
mental performance of each bank. These discussions shall include, 
but not be limited to organizational, administrative and procedural 
arrangements to remove impediments to the efficient and effective 
management of assistance programs necessary to protect and 
ensure the sustainable use of natural resources and to carry out 
such assistance programs in consultation with affected 
local 
communities. 
(h) The Administrator of the Agency for International Develop-
ment, in consultation with the Secretaries of Treasury and State, 
shall continue, and work to enhance, the operation of the "early 
warning system", by— 
(1) instructing overseas missions of the Agency for Inter-
national Development and embassies of the United States to 
analyze the impacts of Multilateral Development Bank loans 
well in advance of a loan's approval. Such reviews shall address 
the economic viability of the project; adverse impacts on the 
environment, natural resources, public health, and indigenous 
peoples; and recommendations as to measures, including alter-
natives, that could eliminate or mitigate adverse impacts. If not 
classified under the national security system of classification, 
such information shall be made available to the public; 
(2) compiling a list of proposed Multilateral Development 
Bank loans likely to have adverse impacts on the environment, 
natural resources, public health, or indigenous peoples. The list 
shall contain the information identified in paragraph (1), shall 
be updated in consultation with interested members of the 
public, and shall be made available to the Committees on 
Appropriations by April 1, 1988 and semiannually thereafter; 
and 
(3) creating a cooperative mechanism for sharing information 
collected through the "early warning system" with interested 
donor and borrowing nations and encouraging the Multilateral 
Development Banks to institute a similar system. 
(i) If a review required by subsection (h) identifies adverse impacts 
to the environment, natural resources, or indigenous peoples, the 
Secretary of the Treasury shall instruct the United States Executive 
Director of the appropriate MDB to seek changes to the project 
necessary to eliminate or mitigate those impacts. 
(j) The Committee on Health and Environment of the Agency for 
International Development, called for in section 539(i) of the Foreign 
Assistance and Related Programs Appropriations Act, 1987, shall 
report its findings to the Committees on Appropriations by Feb-
ruary 1,1988. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-164 
(k) The Secretary of State, in consultation with the Secretary of Reports. 
the Treasury, the Administrator of the Agency for International 
Development, other appropriate Federal agencies, and interested 
members of the public, shall prepare and submit to the Committees 
on Appropriations and the appropriate authorizing committees by 
August 1, 1988, a report on a comprehensive strategy for maximiz-
ing the use of foreign assistance provided by the United States 
through multilateral and bilateral development agencies to address 
natural resources problems, such as desertification, tropical de-
forestation, the loss of wetlands, soil conservation, preservation of 
wildlife and biological diversity, estuaries and fisheries, croplands 
and grsisslands. The report shall include, but not be limited to— 
(1) an identification of the multilateral and bilateral agencies 
funded in part or in whole by the United States Government, 
whose activities have, or could have, a significant impact on 
sustainable natural resource use, and the rights and welfare of 
indigenous people, in the developing countries; 
(2) a description of the internal policies and procedures by 
which each of these agencies addresses these issues, as well as a 
description of their own organizational structures for doing so; 
(3) an assessment of how the funds contributed by the United 
States to these agencies can best be used in the future to 
address these issues. 
PROHIBITION CONCERNING ABORTIONS AND INVOLUNTARY 
STERIUZATION 
SEC. 538. 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 steriliza-
tions. 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 steri-
lization 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 organiza-
tion 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. The Congress 
reaffirms its commitments to Population, Development Assistance 
and to the need for informed voluntary family planning. 
AFGHANISTAN—HUMANITARIAN ASSISTANCE 
SEC. 539. Not less than $45,000,000 of the aggregate amount of 
funds appropriated by this Act, to be derived in equal parts from the 
funds appropriated to carry out the provisions of chapter 1 of part I 
of the Foreign Assistance Act of 1961, and chapter 4 of part II of that 
Act, shall be available for the provision of food, medicine, or other 
humanitarian assistance to the Afghan people, notwithstanding any 
other provision of law. 
101 STAT. 1329-165 
PUBLIC LAW 100-202—DEC. 22, 1987 
CAMBODIAN NON-COMMUNIST RESISTANCE FORCES 
President of U.S. 
SEC. 540. The President shall make available to the Cambodian 
non-Communist resistance forces not more than $5,000,000 of the 
funds appropriated by this Act for "Military Assistance" and for the 
"Economic Support Fund", notwithstanding any other provision of 
law: Provided, That funds appropriated by this Act for this purpose 
shall be obligated in accordance with the provisions of section 906 of 
the International Security and Development Cooperation Act of 
1985 (Public Law 99-83). 
PRIVATE VOLUNTARY ORGANIZATIONS-DOCUMENTATION 
SEC. 541. None of the funds appropriated or made available pursu-
ant 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, nor shall any of the funds appropriated 
by this Act be made available to any private voluntary organization 
which is not registered with the Agency for International Develop-
ment. 
EL SALVADOR—INVESTIGATION OF MURDERS 
SEC. 542. Of the amounts made available by this Act for military 
assistance and financing for El Salvador under chapters 2 and 5 of 
part II of the Foreign Assistance Act of 1961 and under the Arms 
Export Control Act, $5,000,000 may not be expended until the 
President reports, following the conclusion of the Appeals process in 
the case of Captain Avila, to the Committees on Appropriations that 
the Government of El Salvador has (1) substantially concluded all 
investigative action with respect to those responsible for the Janu-
ary, 1981 deaths of the two United States land reform consultants 
Michael Hammer and Mark Pearlman and the Salvadoran Land 
Reform Institute Director Jose Rodolfo Viera, and (2) pursued all 
legal avenues to bring to trial and obtain a verdict of those who 
ordered and carried out the January, 1981, murders. 
R E F U G E E RESETTLEMENT 
S) 
SEC. 543. It is the sense of the Congress that all countries receiving 
United States foreign assistance under the "Economic Support 
Fund", "Foreign Military Credit Sales", "Military Assistance", 
"International Military Education and Training", the Agricultural 
Trade Development and Assistance Act of 1954 (Public Law 480), 
development assistance programs, or trade promotion programs 
should fully cooperate with the international refugee assistance 
organizations, the United States, and other governments in 
facilitating lasting solutions to refugee situations. Further, where 
resettlement to other countries is the appropriate solution, such 
resettlement should be expedited in cooperation with the country of 
asylum without respect to race, sex, religion, or national origin. 
IMMUNIZATIONS FOR CHILDREN 
SEC. 544, (a) The Congress finds that— 
(1) the United Nations ChUdren's Fund (UNICEF) reports 
that four million children die annually because they have not 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-166 
been immunized against the six major childhood diseases: polio, 
measles, whooping cough, diphtheria, tetanus, and tuberculosis; 
(2) at present less than 20 percent of children in the develop-
ing world are fully immunized against these diseases; 
(3) each year more than five million additional children are 
permanently disabled and suffer diminished capacities to 
contribute to the economic, social and political development of 
their countries because they have not been immunized; 
(4) ten million additional childhood deaths from immunizable 
and potentially immunizable diseases could be averted annually 
by the development of techniques in biotechnology for new and 
cost-effective vaccines; 
(5) the World Health Assembly, the Executive Board of the 
United Nations Children's Fund, and the United Nations Gen-
eral Assembly are calling upon the nations of the world to 
commit the resources necessary to meet the challenge of univer-
sal access to childhood immunization by 1990; 
(6) the United States, through the Centers for Disease Control 
< and the Agency for International Development, joined in a 
global effort by providing political and technical leadership that 
made possible the eradication of smallpox during the 1970's; 
(7) the development of national immunization systems that 
can both be sustained and also serve as a model for a wide range 
of primary health care actions is a desired outcome of our 
foreign assistance policy; 
(8) 
the 
United 
States 
Centers 
for 
Disease 
Control 
headquartered in Atlanta is uniquely qualified to provide tech-
nical assistance for a worldwide immunization and eradication 
effort and is universally respected; 
r 
(9) at the 1984 Bellagio Conference it was determined that the 
goal of universal childhood immunization by 1990 is indeed 
achievable; 
(10) the Congress, through authorizations and appropriations 
for international health research and primary health care 
activities and the establishment of the Child Survival Fund, has 
played a vital role in providing for the well-being of the world's 
children; 
(11) the Congress has expressed its expectation that the 
Agency for International Development will set as a goal the 
immunization by 1990 of at least 80 percent of all the children 
in those countries in which the Agency has a program; and 
(12) the United States private sector and public at large have 
responded generously to appeals for support for national 
immunization campaigns in developing countries. 
Ot)Xl) The Congress calls upon the President to direct the Agency 
for International Development, working through the Centers for 
Disease Control and other appropriate Federal agencies, to work in 
a global effort to provide enhanced support toward achieving the 
goal of universal access to childhood immunization by 1990 by— 
(A) assisting in the delivery, distribution, and use of vaccines, 
including— 
(i) the building of locally sustainable systems and tech-
nical capacities in developing countries to reach, by the 
appropriate age, not less than 80 per centum of their 
annually projected target population with the full schedule 
of required immunizations, and 
101 STAT. 1329-167 
PUBLIC LAW 100-202—DEC. 22, 1987 
, .' M 
(ii) the development of a sufficient network of indigenous 
> 
professionals and institutions with responsibility for devel-
>i 
oping, monitoring, and assessing immunization programs 
and continually adapting strategies to reach the goal of 
V 
preventing immunizable diseases; and 
(B) performing, supporting, and encouraging research and 
; 
development activities, both in the public and private sector, 
that will be targeted at developing new vaccines and at modify-
, 
ing and improving existing vaccines to make them more appro-
priate for use in developing countries. 
(2) In support of this global effort, the President should appeal to 
the people of the United States and the United States private sector 
to support public and private efforts to provide the resources nec-
essary to achieve universal access to childhood immunization by 
1990. 
ETHIOPIA—FORCED RESETTLEMENT, VIULAGIZATION 
SEC. 545. None of the funds appropriated in this Act shall be made 
available for any costs associated with the Government of Ethiopia's 
forced resettlement or villagization programs. 
SUDAN, ECUADOR AND JAMAICA NOTIFICATION REQUIREMENTS 
SEC. 546. None of the funds appropriated in this Act shall be 
obligated or expended for Sudan, Jamaica or for Ecuador except as 
provided through the regular notification procedures of the Commit-
tees on Appropriations. 
rj; i • 
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY 
SEC. 547. 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 ear-
marks, ceilings, and limitations with the exception that for the 
following accounts: Economic Support Fund; Military Assistance; 
and Foreign Military Credit Sales, "program, project, and activity" 
shall also be considered to include country, regional, and central 
program level funding within each such account; for the functional 
development assistance accounts of the Agency for International 
Development "program, project, and activity" shall also be consid-
ered to include central program level funding, either as (1) justified 
to the Congress, or (2) allocated by the executive branch in accord-
ance with a report, to be provided to the Committees on Appropria-
tions within thirty days of enactment of this Act, as required by 
section 653(a) of the Foreign Assistance Act of 1961, as amended. 
•v'iiiv 
CHILD SURVIVAL ACTIVITIES 
SEC. 548. Of the funds made available by this Act and appro-
priated for the "Child Survival Fund" and "Health, Development 
Assistance", up to an additional $5,000,000 may be used to re-
imburse United States Government agencies, agencies of State 
governments, and institutions of higher learning for the full cost of 
up to thirty employees detailed or assigned, as the case may be, to 
the Agency for International Development for the purpose of carry-
ing out child survival activities: Provided, That personnel which are 
detailed or assigned for the purposes of this section shall not be 
included within any personnel ceiling applicable to any United 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-168 
States Government agency during the period of detail or 
assignment. 
COUNTRIES WITH ILUCIT DRUG PRODUCTION—TRANSFER OF FUNDING 
SEC. 549. If any funds appropriated by this Act for "Economic 
Support Fund", "Military Assistance", "International Military Edu-
cation and Training", or "Foreign Military Credit Sales" are not 
used for assistance for the country for which those funds were 
allocated because that country has not taken adequate steps to halt 
^ 
illicit drug production or trafficking, those funds shall be re-
programmed for additional assistance for those countries which 
have met their illicit drug eradication targets or have otherwise 
taken significant steps to halt illicit drug production or trafficking. 
INTER-AMERICAN DEVELOPMENT BANK—COORDINATION OF PROJECTS 
SEC. 550. The Secretary of the Treasury shall instruct the United 
States Executive Director of the Inter-American Development Bank 
to work with the representatives, and with the ministries from 
which they receive their instructions, of other donor nations to the 
Inter-American Development Bank, to develop a coordinated eco-
nomic development program for the assistance activities of the 
Bank. Such program should be developed in cooperation with the 
Department of State and the Agency for International Development 
to ensure that the bilateral economic assistance programs of the 
United States are effectively coordinated with the activities of the 
Inter-American Development Bank. 
CHILE—LOANS FROM MULTILATERAL DEVELOPMENT INSTITUTIONS 
SEC. 551. (a) It is the sense of Congress that pursuant to section 
701 of the International Institutions Act of 1977, the United States 
Government should oppose all loans to Chile from multilateral 
development institutions, except for those for basic human needs, 
until— 
(1) the Government of Chile has ended its practice and pat-
tern of gross abuse of internationally recognized human rights; 
(2) significant steps have been taken by the Government of 
Chile to restore democracy, including— 
(A) the implementation of political reforms which are 
essential to the development of democracy, such as the 
legalization of political parties, the enactment of election 
laws, the establishment of freedom of speech and the press, 
and the fair and prompt administration of justice; and 
(B) a precise and reasonable timetable has been estab-
lished for the transition to democracy. 
O
t
)
) Except as otherwise specified in this Act, none of the funds 
made available by this Act for the "Economic Support Fund" or for 
title III shall be ooligated or expended for Chile. 
COMMODITY COMPETITION 
SEC 552. 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, con-
ference, or training in connection with the growth or production in a 
101 STAT. 1329-169 
PUBLIC LAW 100-202—DEC. 22, 1987 
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 section shall not prohibit: 
(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. 
PROHIBITION OF FUNDING RELATED TO COMPETITION WITH UNITED 
STATES EXPORTS 
SEC. 553. None of the funds provided in this Act to the Agency for 
International Development, other than funds made available to 
carry out Caribbean Basin Initiative programs under the Tariff 
Schedules of the United States, 19 U.S.C. 1202, schedule 8, part I, 
subpart B, item 807.00, shall be obligated or expended— 
(1) to procure directly feasibility studies or prefeasibility 
studies for, or project profiles of potential investment in, the 
manufacture, for export to the United States or to third country 
markets in direct competition with United States exports, of 
import-sensitive articles as defined by section 503(cXl) (A) and 
(E) of the Tariff Act of 1930 (19 U.S.C. 2463(cXl) (A) and (E)); or 
(2) to assist directly in the establishment of facilities specifi-
cally designed for the manufacture, for export to the United 
States or to third country markets in direct competition with 
United States exports, of import-sensitive articles as defined in 
section 503(cXl) (A) and (E) of the Tariff Act of 1930 (19 U.S.C. 
2463(cXl) (A) and (E)). 
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES 
SEC. 554. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated to finance in-
directly any assistance or reparations to Angola, Cambodia, Cuba, 
Iraq, Libya, the Socialist Republic of Vietnam, South Yemen, or 
Syria unless the President of the United States certifies that the 
withholding of these funds is contrary to the national interest of the 
United States. 
ASSISTANCE FOR UBERIA 
SEC. 555. (a) Funds appropriated by this Act under the heading 
"Military Assistance" or "Economic Support Fund" may be made 
available for assistance for Liberia only if— 
(1) the Administrator of the Agency for International 
Development certifies to the Congress that the Government of 
Liberia— 
(A) has taken significant steps to: reduce extra-budgetary 
expenditures; reduce borrowing from any source (whether 
local or foreign) in anticipation of future tax receipts, profit 
sharing, maritime revenues, or other revenues; reduce the 
use of off-shore funds for the financing of domestic expendi-
tures; and reduce the extent to which public expenditures 
exceed allocations; and 
(B) has ceased diverting and misusing United States 
assistance, and has paid all amounts owed to the local 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT, 1329-170 
currency accounts (established pursuant to the Agricultural 
Trade Development and Assistance Act of 1954) for the 
shortfalls in its payments for the fiscal years 1983 and 1984; 
and 
(2) the Secretary of State certifies to the Congress that the 
Government of Liberia is making significant progress toward— 
(A) permitting all political parties to freely organize, 
£issemble, and disseminate their views as provided for by 
the Liberian constitution; 
(B) respecting constitutional guarantees of freedom of the 
press and freedom of speech; 
(C) maintaining the independence of the legislative 
branch in accordance with the Liberian constitution; 
(D) establishing 
and 
maintaining 
an 
independent 
judiciary; 
(E) providing full access to all political prisoners by inter-
nationally respected human rights organizations for the 
purpose of investigating human rights abuses; and 
(F) improving the human rights situation. 
(b) None of the funds appropriated in this Act shall be obligated or 
expended for Liberia except as provided through the regular 
notification procedures of the Committees on Appropriations. 
(c) The requirements of this section are in addition to any other 
statutory requirements applicable to assistance for Liberia. 
RECIPROCAL LEASING 
SEC. 556. Section 61(a) of the Arms Export Control Act is amended 
22 USC 2796. 
by striking out "1987" and inserting in lieu thereof "1988". 
ASSISTANCE FOR PAKISTAN 
SEC. 557. Section 620E(d) of the Foreign Assistance Act of 1961 is 22 usc 2375. 
amended by striking out "September 30, 1987" and inserting in lieu 
thereof "April 1,1990". 
LIMITATION ON DEFENSE EQUIPMENT DRAWDOWN 
SEC. 558. Defense articles, services and training drawn down 
under the authority of section 506(a) of the Foreign Assistance Act 
:^b. fi i 
of 1961, shall not be furnished to a recipient unless such articles are 
delivered to, and such services and training initiated for, the recipi-
ent country or international organization not more than one hun-
dred and twenty days from the date on which Congress received 
notification of the intention to exercise the authority of that section: 
Provided, That if defense articles have not been delivered or services 
and training initiated by the period specified in this section, a new 
notification pursuant to section 50603) of such Act shall be provided, 
which shall include an explanation for the delay in furnishing such 
articles, services, and training, before such articles, services, or 
training may be furnished. 
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT 
SEC. 559. 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 
91-194 O - 90 - 17 : QL.3 Part 2 
101 STAT. 1329-171 
PUBLIC LAW 100-202—DEC. 22, 1987 
Appropriations to the same extent and under the same conditions as 
are other committees pursuant to subsection (c) of that section. 
AUTHORIZATION REQUIREMENT 
SEC. 560. Funds appropriated or otherwise made available 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: Provided, That of the funds appropriated by 
this Act under the headings "Military Assistance", "Economic Sup-
port Fund", and "Foreign Military Credit Sales" (excluding loans for 
which liability for repayment is released pursuant to this Act), not 
more than 33 V
s percent of amounts remaining unobligated for each 
respective account on the date of enactment of this Act may be 
obligated prior to April 1,1988, unless an Act authorizing appropria-
tions for such account has been enacted. 
NOTIFICATION CONCERNING EL SALVADOR 
SEC. 561. (a) The Congress expects that— 
(1) the Government of El Salvador and the armed opposition 
forces and their political representatives will be willing to 
pursue a dialogue for the purposes of achieving an equitable 
political settlement of the conflict, including free and fair 
elections; 
(2) the elected civilism government will be in control of the 
Ssdvadoran military and security forces, and those forces will 
comply with applicable rules of international law and with 
, 
Presidential directives pertaining to the protection of civilians 
during combat operations, including Presidential directive C-
111-03-984 (relating to aerial fire support); 
(3) the Government of El Salvador will make demonstrated 
progress, during the period covered by each report pursuant to 
r; :; v
^ 
subsection (b), in ending the activities of the death squads; 
(4) the Government of El Salvador will make demonstrated 
progress, during the period covered by each report pursuant to 
subsection (b), in establishing an effective judicial system; and 
(5) the Government of El Salvador will make demonstrated 
progress, during the period covered by each report pursu£mt to 
subsection (b), in implementing the land reform program. 
President of U.S. 
(b) REPORTS.—On April 1, 1988, and September 30, 1988, the 
President shall report to the Speaker of the House of Representa-
tives, the Committees on Appropriations and the chairman of the 
Committee on Foreign Relations of the Senate on the extent to 
which the objectives described in subsection (a) are being met. With 
respect to the objective described in paragraph (4) of that subsection, 
each report shall specify the status of all cases presented to the 
SalvadorEui courts involving human rights violations against ci-
vilians by members of the Salvadoran security forces, including 
military officers and other military personnel and civil patrolmen. 
TURKISH AND GREEK MIUTARY FORCES ON CYPRUS 
22 use 2373. 
SEC. 562. Section 620C of the Foreign Assistance Act of 1961 is 
amended by adding at the end the following: 
"(eXD Any agreement for the sale or provision of any article on 
the United States Munitions List (established pursuant to section 38 
of the Arms Export Control Act) entered into by the United States 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-172 
after the enactment of this provision shall expressly state that the 
article is being provided by the United States only with the under-
standing that it will not be transferred to Cyprus or otherwise used 
to further the severance or division of Cyprus. 
"(2) The President shall report to Congress any substantial evi- President of U.S. 
dence that equipment provided under any such agreement has been Reports. 
used in a manner inconsistent with the purposes of this subsection.". 
NOTIFICATION TO CONGRESS ON DEBT REUEF AGREEMENTS 
SEC. 563. The Secretary of State shall tremsmit to the Appropria- 22 USC 2395a 
tions Committees of the Congress and to such other Committees as note. 
appropriate, a copy of the text of any agreement with any foreign 
government which would result in any debt relief no less than thirty 
days prior to its entry into force, other than one entered into 
pursuant to this Act, together with a detailed justification of the 
interest of the United States in the proposed debt relief: Provided, 
That the term "debt relief shall include any and all debt prepay-
ment, debt rescheduling, and debt restructuring proposals and 
agreements. 
MIDDLE EAST REGIONAL COOPERATION 
SEC. 564. Middle Esist regional cooperative programs which have 
been carried out in accordance with section 202(c) of the Inter-
national Security and Development Cooperation Act of 1985 shall 
continue to be funded at a level of not less than $5,000,000 from 
funds appropriated under the heading "Ek;onomic Support Fund": 
Provided, That of this amount not less than $500,000 shall be made 
available for scholarships for support of Israeli students studying in 
institutions of higher education in Arab countries and not less than 
$500,000 shall be made available for scholarships for support of Arab 
students studying in institutions of higher education in Israel: Pro-
vided further. That such scholarships shall be called "Arab-Israeli 
Peace Scholarships". 
ASSISTANCE FOR THE PEOPLE OF LEBANON 
SEC. 565. The Congress recognizes that the people of Lebanon have 
suffered greatly during much of the past two decades from the 
effects of natural disasters and civil strife. The Congress further 
recognizes that assistance provided through 
nongovernmental 
organizations has had a signiHcant impact in mitigating the adverse 
consequences of these unfortunate events on the Lebanese people. 
Therefore, up to $5,000,000 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 shall be made available to provide assistance 
for the people of Lebanon. Such assistance shall be made available 
only through the United Nations Children's Fund, indigenous non-
governmental organizations, or international organizations, and 
shall be provided in accordance with the general authorities con-
tained in section 491 of the Foreign Assistance Act of 1961. 
MEMBERSHIP DESIGNATION IN ASIAN DEVELOPMENT BANK 
SEC. 566. It is the Sense of the Congress that the United States 
Government should use its influence in the Asian Development 
Bank to secure reconsideration of that institution's decision to 
designate Taiwan (the Republic of China) as "Taipei, China". It is 
101 STAT. 1329-173 
PUBLIC LAW 100-202—DEC. 22, 1987 
further the Sense of the Congress, that the Asian Development 
Bank should resolve this dispute in a fashion that is acceptable to 
Taiwan (the Republic of China). 
DEPLETED URANIUM 
SEC. 567. None of the funds provided in this or any other Act may 
be made available to facilitate in any way the sale of M-833 
antitank shells or any comparable antitank shells containing a 
depleted uranium penetrating component to any country other than 
(1) countries which are members of NATO, or (2) countries which 
have been designated as a major non-NATO ally for purposes of 
section 1105 of the National Defense Authorization Act for Fiscal 
Year 1987. 
EARMARKS 
SEC. 568. 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: Provided, That any such reprogramming shall be subject 
to the regular notification procedures of the Committees on 
Appropriations. 
HAITI 
SEC. 569. (a) SUSPENSION OF ASSISTANCE.—During fiscal year 1988, 
none of the funds made available by this Act or by any other Act or 
joint resolution may be obligated or expended to provide United 
States assistance (including any such assistance appropriated and 
previously obligated) for Haiti (other than the assistance described 
in subsection (b) of this section) unless the democratic process set 
forth in the Haitian Constitution approved by the Haitian people on 
March 29, 1987, especially those provisions relating to the provi-
sional Electoral Council, is being fully and faithfully adhered to by 
the Government of Haiti. 
(b) EXCEPTIONS.—The term "United States assistance" does not 
include— 
(1) assistance under chapter 1 of part I of the Foreign Assist-
ance Act of 1961 insofar as such assistance is provided through 
private and voluntary organizations or other nongovernmental 
agencies; 
(2) assistance which involves the donations of food or 
medicine; 
(3) disaster relief assistance (including any assistance under 
chapter 9 of part I of the Foreign Assistance Act of 1961); 
(4) assistance for refugees; 
(5) assistance under the Inter-American Foundation Act; 
(6) assistance necessary for the continued financing of edu-
cation for Haitians in the United States; or 
(7) assistance provided in order to enable the continuation of 
migrant and narcotics interdiction operations. 
(c) C^ER SANCTIONS.—It is the sense of the Congress that, in 
order to further encourage the Government of Haiti to adhere to the 
constitutionally mandated transition to democracy, the President 
should— 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-174 
(1) suspend Haiti's eligibility for benefits under the Caribbean 
Basin Economic Recovery Act; and 
(2) seek international cooperation to encourage such adher-
ence by the Government of Haiti through the imposition of an 
international arms embargo and comprehensive trade and 
financial sanctions. 
ASSISTANCE FOR PANAMA 
SEC. 570. (a) Unless the President certifies to Congress that— 
22 use 2151 
(1) the Government of Panama has demonstrated substantial "o*^ 
progress in assuring civilian control of the armed forces and 
that the Panama Defense Forces and its leaders have been 
removed from non-military activities and institutions; 
(2) the Government of Panama is conducting an impartial 
investigation into allegations of illegal actions by members of 
the Panama Defense Forces; 
(3) a satisfactory agreement has been reached between the 
governing authorities and representatives of the opposition 
forces on conditions for free and fair elections; and 
(4) freedom of the press and other constitutional guarantees, 
including due process of law, are restored to the Panamanian 
people; 
then no United States assistance (including any such assistance 
appropriated and previously obligated) shall be obligated or ex-
pended for Panama in this fiscal year and any fiscal year thereafter, 
and none of the funds appropriated or otherwise made available in 
this Act, or any other Act, shall be used to finance any participation 
of the United States in joint military exercises conducted in Panama 
during the period January 1, 1988, through December 31, 1988. 
O
o
) It is the sense of the Congress that if the conditions described 
in paragraphs (1) through (4) of subsection (a) have been certified as 
having been met, then not only will United States assistance be 
restored, but increased levels of such assistance should be consid-
ered for Panama. 
(c) For purposes of this section, the term "United States assist-
ance" means assistance of any kind which is provided by grant, sale, 
loan, lease, credit, guaranty, or insurance, or by any other means, by 
any agency or instrumentality of the United States Government, 
including— 
(1) assistance under the Foreign Assistance Act of 1961 
(including programs under title IV of chapter 2 of part I of such 
Act); 
(2) sales, credits, and guarantees under the Arms Export 
Control Act; 
(3) sales under title I or III and donations under title II of the 
Agricultural Trade Development and Assistance Act of 1954 of 
nonfood commodities; 
(4) other financing programs of the Commodity Credit Cor-
poration for export sales of nonfood commodities; 
(5) financing under the Export-Import Bank Act of 1945; and 
(6) assistance provided by the Central Intelligence Agency or 
assistance provided by any other entity or component of the 
United States Government if such assistance is carried out in 
connection with, or for purposes of conducting, intelligence or 
intelligence-related activities except that this shall not include 
activities undertaken solely to collect necessary intelligence; 
101 STAT. 1329-175 
PUBLIC LAW 100-202—DEC. 22, 1987 
except that the term "United States assistance" does not include (A) 
assistance under chapter 1 of part I of the Foreign Assistance Act of 
1961 insofar as such assistance is provided through private and 
voluntary organizations or other nongovernmental agencies, (B) 
assistance which involves the donations of food or medicine, (C) 
disaster relief assistance (including any assistance under chapter 9 
of part I of the Foreign Assistance Act of 1961), (D) assistance for 
refugees, (E) assistance under the Inter-American Foundation Act, 
(F) assistance necessary for the continued financing of education for 
Panamanians in the United States, or (G) assistance made available 
for termination costs arising from the requirements of this section, 
(d) The Secretary of Treasury shall instruct the United States 
Executive Directors to the Multilateral Development Banks (the 
International Bank for Reconstruction and Development, the Inter 
national Finance Corporation, and the Inter-American Development 
Bank) to vote against any loan to Panama, unless the President has 
certified in advance that the conditions set forth in subsection (a) of 
this section have been met. 
EUMINATION OF THE SUGAR QUOTA ALLOCATION OF PANAMA 
7 use 3602 
SEC. 571. (a) IN GENERAL.—Notwithstanding any other provision 
^°^^- 
of law, no sugars, sirups, or molasses that are products of Panama 
may be imported into the United States after the date of enactment 
of this Act during any period for which a limitation is imposed by 
authorities provided under any other law on the total quantity of 
sugars, sirups, and molasses that may be imported into the United 
States: Provided, That such products may be imported after the 
beginning of the last week of any quota year if the President 
certifies that for the entire duration of the quota year, freedom of 
the press and other consitutional guarantees, including due process 
of law, have been restored to the Panameinian people. 
(b) REALLOCATION OF QUOTA AMOUNTS.—For any quota year for 
which the President does not certify for the entire duration of the 
quota year, freedom of the press and all other constitutional guaran-
tees, including due process of law, have been restored to the Pan-
amanian people, no later than the last week of such quota year, the 
United States Trade Representative shall reallocate among other 
foreign countries the quantity of sugar, sirup, and molasses products 
of Panama that could have been imported into the United States 
before the date of enactment of this Act under any limitation 
imposed by other law on the total quantity of sugars, sirups, and 
molgisses that may be imported into the United States during any 
period. 
(c) CONFORMING AMENDMENTS TO TARIFF SCHEDULES.— 
(1) Paragraph (cXi) of headnote 3 of subpart A of part 10 of 
schedule 1 of the Tariff Schedules of the United Stetes is 
amended by striking out the item relating to Panama in the 
table. 
(2) Paragraph (c) of headnote 3 of subpart A of part 10 of 
schedule 1 of the Tariff Schedules of the United States is 
amended by adding at the end thereof the following new 
subparagraph: 
"(iii) Notwithstanding any authority given to the United Stetes 
Trade Representetive under paragraphs (e) and (g) of this headnote, 
no allocation may be made to Panama of any portion of any 
limitetion imposed under £uiy paragraph of this headnote on the 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-176 
quantity of sugars, sirups, and molasses described in items 155.20 
and 155.30 which may be entered.". 
(d) CERTIFICATION.—The provisions of subsections (a) and 0>), and 
the amendments made by subsection (c) of this section, shall cease to 
apply if the President certifies to Congress pursuant to section 
570(a) 12 of this Act. 
COMMERCIAL LEASING OP DEFENSE ARTICLES 
SEC. 572. Section 23(a) of the Arms Export Control Act is amended 
by adding at the end the following: "Notwithstanding any other 
provision of law, and subject to the regular notification require-
ments of the Committees on Appropriations, the authority of this 
section may be used to provide financing to Israel and Egypt for the 
procurement by leasing (including leasing with an option to pur-
chase) 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 this Act.". 
STINGERS IN THE PERSIAN GULF REGION 
SEC. 573. (a) PROHIBITION.—Except as provided in subsection (b), no 
Stinger antiaircraft missiles may be provided, directly or indirectly, 
by sale, lease, grant or otherwise, during fiscal year 1988 to any 
country in the Persian Gulf region. 
(b) EXCEPTION.—Notwithstanding the prohibition in subsection (a), 
such missiles may be provided to Bahrain if the President certifies 
to Congress that— 
(1) such missiles are needed by the recipient country to 
counter an immediate air threat and/or to contribute to the 
protection of United States personnel, facilities or operations; 
(2) no other appropriate system is available from the United 
States; 
(3) the recipient agrees to safeguards as required in the Letter 
of Offer and Acceptance by the United States Government to 
protect against diversion; and 
(4) the recipient country has agreed to a United States 
buyback of all the remaining missiles and components which 
have not been destroyed or fired in order to return them to the 
possession and control of the United States when another 
United States air defense system which meets the military 
requirements can be made available or not more than 18 
months from the enactment of this legislation. 
(c) REPORT.—Not later than 3 months after the date of enactment 
President of U.S. 
of this Act, the President shall submit to the Congress a report 
which assesses the global threat caused by the proliferation of man-
portable ground-to-air missiles with advanced technology com-
parable to that of the Stinger missile, without regard to the country 
of origin of those missiles. This report shall give special emphasis to 
the danger of such missiles being used in acte of terrorism. Further, 
that the President review and report every 3 months on the condi-
tions and timing under which the appropriate system may be deliv-
'* Original copy read "569(a)". 
101 STAT. 1329-177 
PUBLIC LAW 100-202—DEC. 22, 1987 
ered and the means for subsequent recovery of any Stinger missiles 
sold under the authority of this provision. 
President of U.S. 
(d) NOTIFICATION.—Before issuing any letter of offer to sell or 
provide Stinger missiles (without regard to the amount of the sale or 
transfer) the President shall notify the Speaker of the House of 
Representatives and the Majority Leader of the Senate. Any such 
notification shall contain the information required in a certification 
under section 36(b) of the Arms Export Control Act. 
HUMAN RIGHTS IN CUBA 
SEC. 574. (a) The Congress finds that— 
(1) the United Nations was established in 1945 for, among 
other purposes, the promotion and encouragement of respect for 
human rights and fundamental freedoms for all; 
(2) the United Nations Human Rights Commission was estab-
lished by the Economic and Social Council in 1946 to investigate 
and make recommendations concerning the violation of human 
rights and fundamental freedoms; 
(3) the Government of Cuba has engaged in systematic and 
flagrant abuses of basic human rights and freedoms so offensive 
that they demand universal condemnation, including— 
(A) the arbitrary arrest and prolonged imprisonment of 
individuals accused of political opposition to the Govern-
ment of Cuba for engaging in such activities as the open or 
private expression of political opinions or religious beliefs, 
the attempt to form independent labor unions, the posses-
sion, reproduction, or intended distribution of religious or 
political literature, including the Universal Declaration of 
Human Rights, or even the professional representation by 
legal counsel of those so accused; 
(B) the murder of political prisoners while in custody or 
the execution of individuals sentenced to death for political 
offenses; 
(C) the reported systematic use of physical and psycho-
logical torture and the degrading and abusive treatment of 
political prisoners, especially the plantados—those who 
refuse out of conscience to participate in so-called political 
rehabilitation programs; 
(D) the institutionalized use of a network of neighborhood 
informants organized by political "block committees" or so-
called "Committees for the Defense of the Revolution" to 
repress the exercise of any freedom of expression and to 
otherwise 
control 
the 
behavior 
of citizens 
through 
intimidation; 
(E) the repression of the independent Committee for 
Human Rights in Cuba for its attempt to register as a legal 
organization under the laws of the State, and the reported 
arrest, disappearance, or death of members of the Commit-
tee, and the continuing persecution of its president who has 
had to seek the safety of a foreign embassy out of fear for 
his life and continues to be deprived of the right to leave 
Cuba or to be reunited with his family; and 
(F) the expulsion from Cuba of foreign journalists for 
having attempted to interview Cuban citizens and report 
objectively on the human rights situation in that country; 
a n d 
. " , - - • • 
™- 
•••'^ 
• • 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-178 
(4) the Congress further recognizes that the United Nations 
has consistently failed to address the violation of fundamental 
human rights and freedoms in Cuba, 
(b) It is the sense of Congress that— 
(1) the United Nations and the United Nations Human Rights 
Commission have acted selectively and inconsistently in 
addressing violations of basic human 
rights in various 
countries; 
(2) the United Nations General Assembly and the United 
Nations Human Rights Commission have failed to responsibly 
address the deplorable human rights situation in Cuba despite 
overwhelming evidence of the continuing disregard and system-
atic abuse of the most basic human rights by the Government of 
Cuba; 
(3) the President, the Secretary of State, and the Permanent 
Representative of the United States to the United Nations are 
to be commended for their efforts to place Cuba on the human 
rights agenda of the United Nations and are strongly encour-
aged to continue in their efforts to bring this issue to the 
attention of the United Nations; 
(4) the following countries are to be commended for their 
courageous vote in favor of considering human rights violations 
in Cuba, particularly in light of the thinly veiled threats of the 
Cuban delegation: Austria, Australia, Belgium, Costa Rica, 
France, Gambia, the Federal Republic of Germany, Iceland, 
Italy, Japan, Lesotho, Liberia, Norway, the Philippines, Soma-
lia, Togo, and the United Kingdom; 
(5) member states of the United Nations Human Rights 
Commission interested in democracy in the region, particularly 
Mexico, Spain, Peru, Venezuela, Argentina, and Colombia, 
should support the United States resolution on Cuban human 
rights at the next session of the United Nations Human Rights 
Commission, and that the United States should take into ac-
count this vote in determining United States bilateral and other 
assistance to all countries which are members of the 
Commission; 
(6) the United States should continue to emphasize how other 
countries vote on fundamental issues such as human rights 
when determining financial support for the United Nations, 
including the contribution to the Human Rights Commission; 
and 
(7) the United Nations Human Rights Commission, which will 
hold its forty-fourth session in Geneva, Switzerland, in 1988 
should include among the highest priorities of its human rights 
agenda consideration of human rights violations in Cuba. 
OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES BY 
INTERNATIONAL FINANCIAL INSTITUTIONS 
SEC. 575. (a) INSTRUCTIONS FOR UNITED STATES EXECUTIVE DIREC-
TORS.—The Secretary of the Treasury shall instruct the United Loans. 
States Executive Director of each international financial institution 
to vote against any loan or other use of the funds of the respective 
institution to or for a country for which the Secretary of State has 
made a determination under section 6(j) of the Export Administra-
tion Act of 1979. 
101 STAT. 1329-179 
PUBLIC LAW 100-202—DEC. 22, 1987 
(b) DEFINITION.—For purposes of this section, the term "inter-
national financial institution" includes— 
(1) the International Bank for Reconstruction and Develop-
ment, the International Development Association, and the 
International Monetary Fund; and 
(2) wherever applicable, the Inter-American Development 
Bank, the Asian Development Bank, the African Development 
Bank, and the African Development Fund. 
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES 
SEC. 576. 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 fiscal year 1988— 
(1) shall not be obligated or expended for assistance to a 
country listed in section 6(j) of the Export Administration Act of 
1979 on the date of enactment of this Act or placed on that list 
thereafter, 
(2) if obligated before such date as assistance for such country, 
shall not disbursed, and 
(3) if expended before such date for assistance to be delivered 
to such country from the United States or by United States 
nationals, then no such delivery shall be made, 
unless such assistance is for humanitarian purposes. 
Orlando 
Letelier. 
Ronni Karpen 
Moffitt. 
Carmen Gloria 
Quintana. 
Rodrigo Rojas 
de Negri. 
UNITED STATES POLICY TOWARD CHILE 
SEC. 577. (a) The Congress finds that— 
(1) genuine democracy and internal stability best guarantee 
the long-term security and economic well-being of Chile; 
(2) the 14-year period of military rule under General August© 
Pinochet has been a deviation from the traditional, apolitical 
role of the Chilean Armed Forces which had proudly carried out 
its security responsibilities as an arm of democratic govern-
ments for approximately 150 years, thus fundamentally assist-
ing Chile to be a Latin American model of democracy; 
(3) continued rule by a military leader after 1989 will be likely 
to bolster the position of the Communists, enhance the appeal of 
the Communist opposition's more radical and violent approach 
to political activity, and further the growing political polariza-
tion in Chile; 
(4) the United States Grovernment has actively supported a 
democratic transition in Chile, condemned violence from all 
sides, urged dialog between the government and democratic 
opposition leaders leading to a broad consensus on a transition 
to full democracy, and has also promoted increased respect for 
human rights in Chile; 
(5) the United States has voiced legitimate concern regarding 
the failure of the Chilean Government to cooperate with the 
prosecution of those indicted for the 1976 assassination of 
former Chilean diplomat Orlando Letelier and American citizen 
Ronni Moffitt, and to bring to justice those members of govern-
ment security forces reported to have beaten and set on fire 
Carmen Gloria Quintana and Rodrigo Rojas de Negri; 
(6) on August 1, 1978, a United States Federal grand jury 
indicted three members of the Chilean intelligence service, 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-180 
General Manuel Contreras, Captain Armando 
Fernandez 
Larios, and Colonel Pedro Espinoza, for conspiracy in the 
September 21, 1976, murders of Orlando Letelier and Ronni 
Karpen Moffitt; Armando Fernandez Larios affirmed the grand 
jury indictment in his February 4, 1987, testimony before the 
United States District Court in Washington, District of 
Columbia; 
(7) free elections and democratic government are conditions 
which lead to public accountability and thus to observance of 
human rights in Chile and all other countries; 
(8) the Universal Declaration of Human Rights determines 
free elections to be a basic human right and states that the "will 
of the people shall be the basis of government; this will shall be 
expressed in equal suffrage and shall be held by secret vote or 
by equivalent voting procedures"; 
(9) the United States believes that a free, fair and open 
election which offers a clear choice of candidates and political 
views is the best formula for choosing democratic leaders and 
insuring a peaceful transition to democracy in Chile; and 
(10) the United States, in view of longstanding friendly ties 
between the American and Chilean people, recognizes that only 
the Chilean people can bring about a transition to democracy 
but wishes to encourage a situation in which a return to fully 
functioning democracy will occur in the near future and in 
which the Chilean people will have the opportunity to elect 
democratically their own leaders. 
(b) The Congress hereby— 
(1) looks forward to the early return of the Chilean Armed 
Forces to its traditional role as a pillar of strength in the 
support of democracy in Chile; and 
(2) calls upon the Government of Chile to make appropriate 
compensation to the members of the Letelier and Moffitt fami-
lies and urges the Chilean Government to make available for 
trial in the United States or bring to justice in Chile Manuel 
Contreras and Pedro Espinoza for their involvement in the 
assassination and subsequent coverup of their role in the 1976 
car bombing of Orlando Letelier and Ronni Karpen Moffitt; and 
(3) strongly urges that the Government of Chile takes steps 
to— 
(A) assure that military rule in Chile ends at least by 
1989; 
(B) ensure that the next democratically elected president 
of Chile is chosen from civilian candidates who offer a clear 
choice of political views; 
(C) facilitate and assure voting procedures for the elec-
toral process which are genuinely fair and based upon 
universal and equal suffrage with broad participation and 
which ensure that the vote will be accurately counted and 
subject to independent verification; 
(D) in accord with past Chilean traditions, such clear and 
agreed upon procedures should be established well in ad-
vance of any electoral act so that all Chileans can be 
confident that the vote will be accurately counted and 
subject to independent verification; and 
(E) ensure that prior to any electoral process, freedom of 
assembly and expression are fully restored and nonviolent 
Manuel 
Contreras. 
Armando 
Fernandez 
Larios. 
Pedro 
Espinoza. 
101 STAT. 1329-181 
PUBLIC LAW 100-202—DEC. 22, 1987 
22 u s e 2346c. 
Termination 
date. 
government opponents are given early and fair access to 
every means of communication, including television. 
ASSISTANCE FOR IMPLEMENTATION OF REGIONAL PEACE AGREEMENT 
SEC. 578. Notwithstanding any other provision of law, unobligated 
balances of funds appropriated by the Supplemental Appropriations 
Act, 1985 (Public Law 99-88) under the heading "Assistance for 
Implementation of a Contadora Agreement" shall be used only to 
facilitate, through support for such activities as verification and 
monitoring, the regional peace initiative signed in Guatemala City 
on August 7,1987. 
ADMINISTRATION OF JUSTICE 
SEC. 579. (a) Section 534(bX3) of the Foreign Assistance Act of 1961 
is amended to read as follows: 
"(3) notwithstanding section 660 of this Act— 
"(A) programs to enhance professional capabilities to 
carry out investigative and forensic functions conducted 
under judicial or prosecutorial control; 
"(B) programs to assist in the development of academic 
instruction and curricula for training law enforcement 
personnel; 
"(C) programs to improve the administrative 
and 
management capabilities of law enforcement agencies, espe-
cially their capabilities relating to career development, 
personnel evaluation, and internal discipline procedures; 
and 
"(D) programs, conducted through multilateral or re-
gional institutions, to improve penal institutions and the 
rehabilitation of offenders;". 
Ot)) Section 534(e) of such Act is amended to read as follows: 
"(e) Personnel of the Department of Defense and members of the 
United States Armed Forces may not participate in the provision of 
training under this section. Of the funds made available to carry out 
this section, not more than $7,000,000 may be made available in 
each of fiscal years 1988 and 1989 to carry out the provisions of 
subsection (b)(3) of this section. The authority of this section shall 
expire on September 30,1989.". 
COOPERATIVE TRAINING AGREEMENTS WITH MAJOR NON-NATO ALUES 
22 use 2761. 
SEC. 580. Section 21(g) of the Arms Export Control Act is 
amended— 
(1) by inserting "and with other countries which are major 
non-NATO allies," after "New Zealand,"; and 
(2) by adding at the end the following: "As used in this 
subsection, the term 'major non-NATO allies' means those coun-
tries designated as major non-NATO allies for purposes of 
section 1105 of the National Defense Authorization Act of fiscal 
year 1987.". 
ASSISTANCE FOR POLAND 
SEC. 581. Up to the equivalent of $500,000 of the nonconvertible 
Polish currencies (after satisfaction of preexisting commitments to 
use such currencies for other purposes specified by law) held by the 
United States which have been generated by the sale to Poland of 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-182 
surplus United States dairy products may be made available for the 
reconstruction, renovation, and maintenance of the Research Center 
on Jewish History and Culture of the Jagiellonian University of 
Krakow, Poland, established for the study of events related to the 
Holocaust in Poland. 
MAINTENANCE OF MILITARY BALANCE OF EASTERN MEDITERRANEAN 
SEC. 582. (a) UNITED STATES POUCY.—The Congress intends that 
22 use 2373 
excess defense articles be made available under this section consist- note. 
ent with the United States policy, established by section 620C of the 
Foreign Assistance Act of 1961, of maintaining the military balance 
in the eastern Mediterranean. 
(b) MAINTENANCE OF BALANCE.—Accordingly, the President shall President of U.S. 
ensure that, for each fiscal year, the ratio of— 
(1) the value of excess defense articles made available for 
Turkey under this section, to 
(2) the value of excess defense articles made available for 
Greece under this section, closely approximates the ratio of— 
(A) the amount of military assistance and financing pro-
vided for Turkey, to 
(B) the amount of military assistance and financing pro-
vided for Greece. 
(c) EXCEPTION TO REQUIREMENT.—Subsection (b) shall not apply if 
either Greece or Turkey ceases to be eligible to receive excess 
defense articles. 
IMPORT ASSISTANCE FOR CBI BENEFICIARY COUNTRIES AND THE 
P H I U P P I N E S 
SEC 583. (a) For the purpose of this Act Congress finds that the 
cultivation and processing of sugar cane is a significant part of the 
economy of a number of friendly foreign nations that have tradition-
ally exported raw sugar to the United States for refining and 
marketing. The sugar production and marketing policies of sugar 
exporting countries, other than the CBI and the Philippines, notably 
the EEC, has resulted in the surplus production of sugar and the 
dumping of sugar on world markets, thereby depressing prices to 
levels below the cost of production. Because of the changes occurring 
in the United States market for sweeteners, the export market for 
raw sugar produced in the CBI and Philippines has been severely ^^ 
restricted. In accordance with the purposes of this Act, efforts shall 
be made by the United States to provide assistance that helps to 
maintain a viable sugar industry in these countries. By conducting a 
special reexport program for sugar, effectively utilizing CCC-owned 
commodities, the friendly sugar-producing nations of the Caribbean 
Basin and the Philippines are helped more effectively than they are 
through section 416 commodity program assistance, and the sugar 
refining industry in the United States is able to retain a viable level 
of productive capacity. 
(b) The Secretary of Agriculture shall issue regulations for fiscal 
year 1988 that set forth the terms and conditions of a special export 
enhancement program for a quantity of refined sugar produced in 
the United States equal to the quantity of raw sugar imported from 
beneficiary countries as defined in the Caribbean Basin Initiative 
•» Copy read "severly". 
101 STAT. 1329-183 
PUBLIC LAW 100-202—DEC. 22, 1987 
(19 U.S.C. 2702) and the Republic of the Philippines. This will enable 
United States refiners, processors or operators to purchase raw 
sugar from CBI beneficiary countries and the Republic of the Phil-
ippines at United States domestic prices for export of an equivalent 
quantity of refined sugar into world markets within 60 days. The 
tonnage for fiscal year 1988 for this purpose shall be no less than 
290,000 short tons, raw value, for the CBI nations and 110,000 short 
tons, raw value, for the Philippines. This amount shall be in addi-
f! *'; 
tion to the sugar quota level established for the CBI and Philippines 
pursuant to the tariff schedules (19 U.S.C. 1202), for calendar year 
1988 and shall not be held as violating the no cost provision con-
tained in the sugar title of the Food Security Act of 1985. In order to 
maximize the number of competing bidders, the Secretary shall, in 
8.1'lo ;r'«i>; 
determining the low bidders in the special export enhancement 
program established under this section, make appropriate adjust-
ments in bids received from sugar refiners and processors to reflect 
differing transportation costs based on refinery and factory location. 
(c) The Secretary of Agriculture shall estimate the dollar amount 
of section 416 commodities which would be made available to com-
pensate eligible CBI countries and the Philippines for the 1988 sugar 
quota year and operate the special sugar export enhancement pro-
gram by adjusting the quantities of sugar shipped and imported 
under this program so as to insure that the cost of $12,000,000 below 
the outlay costs for fiscal year 1988 of the section 416 commodities 
that would otherwise have been made available, including any costs 
in shipping the minimum amount of section 416 commodities as 
required in the Food Security Act of 1985. To estimate dollar values, 
the Secretary of Agriculture shall estimate the cost of the certifi-
cates to be 13 percent above their face value. 
^''' 
' 
AMERASIAN IMMIGRATION 
" < - ^ ' 
•-
8 use 1101 
SEC. 584. (a)(1) Notwithstanding any numerical limitations speci-
note. 
fied in the Immigration and Nationality Act, the Attorney General 
may admit aliens described in subsection (b) to the United States as 
immigrants if— 
(A) they are admissible (except as otherwise provided in 
paragraph (2)) as immigrants, and 
(B) they are issued an immigrant visa and depart from Viet-
nam during the 2-year period beginning 90 days after the date 
of the enactment of this Act. 
(2) The provisions of paragraphs (14), (15), (20), (21), (25), and (32) of 
section 212(a) of the Immi^ation and Nationality Act shall not be 
applicable to any alien seeking admission to the United States under 
this section, and the Attorney General on the recommendation of a 
consular officer may waive any other provision of such section (other 
than paragraph (27), (29), or (33) and other than so much of para-
graph (23) as relates to trafficking in narcotics) with respect to such 
an alien for humanitarian purposes, to assure family unity, or when 
it is otherwise in the public interest. Any such waiver by the 
Attorney General shedl be in writing and shall be granted only on 
an individual basis following an investigation by a consular officer. 
(3) Notwithstanding section 221(c) of the Immigration and 
Nationality Act, immigrant visas issued to aliens under this section 
shall be valid for a period of 8 months. 
(bXD An alien described in this section is an alien who, as of the 
date of the enactment of this Act, is residing in Vietnam and who 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-184 
establishes to the satisfaction of a consular officer or an officer of 
the Immigration and Naturalization Service after a face-to-face 
interview, that the alien— 
(AXi) was born in Vietnam after January 1, 1962, and before 
January 1, 1976, and (ii) was fathered by a citizen of the United 
States (such an alien in this section referred to as a "principal 
alien"); 
(B) is the spouse or child of a principal alien and is accom-
panjring, or following to join, the principal alien; or 
(C) subject to paragraph (2), either (i) is the principal alien's 
natural mother (or is the spouse or child of such mother), or (ii) 
has acted in effect as the principal alien's mother, father, or 
next-of-kin (or is the spouse or child of such an alien), and is 
accompanying, or following to join, the principal alien. 
(2) An immigrant visa may not be issued to an alien under 
paragraph (IXC) unless the principal alien involved is unmarried 
and the officer referred to in paragraph (1) has determined, in the 
officer's discretion, that (A) such an alien has a bona fide relation-
ship with the principal alien similar to that which exists between 
close family members and (B) the admission of such an alien is 
necessary for humanitarian purposes or to assure family unity. If an 
alien described in paragraph (IXCXii) is admitted to the United 
States, the natural mother of the principal alien involved shall not, 
thereafter, be accorded any right, privilege, or status under the 
Immigration and Nationality Act by virtue of such parentage. 
(3) For purposes of this section, the term "child" has the meaning 
given such term in section lOKbXD (A), (B), (C), (D), and (E) of the 
Immigration and Nationality Act. 
(c) Any alien admitted (or awaiting admission) to the United 
States under this section shall be eligible for benefits under chapter 
2 of title IV of the Immigration and Nationality Act to the same 
extent as individuals admitted (or awaiting admission) to the United 
States under section 207 of such Act are eligible for benefits under 
such chapter. 
(d) The Attorney General, in cooperation with the Secretary of 
State, shall report to Congress 1 year, 2 years, and 3 years, after the 
date of the enactment of this Act on the implementation of this 
section. Each such report shall include the number of aliens who are 
issued immigremt visas £ind who are admitted to the United States 
under this section and number of waivers granted under subsection 
(aX2) and the reasons for granting such waivers. 
(e) Except aa otherwise specifically provided in this section, the 
definitions contained in the Immigration and Nationality Act shall 
apply in the administration of this section and nothing contained in 
this section 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. 
.Sinn 
Reports. 
NARCOTICS AGREEMENTS 
SEC. 585. (a) Section 481(hX2XA) of the Foreign Assistance Act of 
1961 is amended— 
22 use 2291. 
101 STAT. 1329-185 
PUBLIC LAW 100-202—DEC. 22, 1987 
' 
(1) in clause (i), by inserting "in satisfying the goals agreed to 
in an applicable bilateral narcotics agreement with the United 
States, (as described in (ii)) and," after "on its own,"; 
(2) by redesignating clauses (i) and (ii) as clauses (I) and (II), 
respectively; 
1 
(3) by inserting "(i)" immediately after "(2)(A)"; 
(4) by adding at the end thereof the following: 
"(ii) A bilateral narcotics agreement referred to in clause (i)(I) 
is an agreement between the United States and a foreign 
s 
country whereby the foreign country agrees to take specific 
activities including but not limited to, efforts to reduce drug 
production, drug consumption, and drug trafficking within its 
territory, including activities to address illicit crop eradication 
and crop substitution; drug interdiction and enforcement; drug 
consumption and treatment; identification of and elimination of 
illicit drug laboratories; identification and elimination of the 
trafficking of precursor chemicals for the use in production of 
illegal drugs; cooperation with United States drug enforcement 
officials; and, where applicable, participation in extradition 
treaties, mutual legal assistance provisions directed at money 
laundering, sharing of evidence, and other initiatives for co-
operative drug enforcement.". 
22 use 2291 
(b) The amendments made by paragraph (1) shall apply with 
^°^- 
respect to any certification 
of the President under 
section 
481(h)(2XA) of the Foreign Assistance Act of 1961 made on or after 
March 1,1989. 
22 use 2291 
(c) Beginning with certifications with respect to fiscal year 1989 
note. 
and each subsequent year, a country which in the previous year was 
designated a major drug producing or drug-transit country may not 
be deemed as cooperating fully unless it has in place a bilateral 
narcotics agreement with the United States. 
SPECIAL AMBASSADORIAL COMMISSION FOR CYPRUS AND THE AEGEAN 
22 use 2373 
SEC. 586. (a) FINDINGS.—The Congress finds that— 
note. 
(1) the inability to achieve a just and lasting Cyprus settle-
ment will continue to affect relations among the United States 
and its close NATO allies, Greece and Turkey, to the detriment 
of larger, mutually shared, security interests in the Eastern 
Mediterranean region; 
(2) it is of paramount importance that Cyprus, Greece, and 
Turkey resolve their differences through negotiations and 
otherwise peaceful procedures, and that the United States 
should support the resolution of these differences through all 
the diplomatic means at its disposal; 
(3) it is in the national interest of the United States that the 
President make a significant new diplomatic demarche towards 
bringing this dispute to a resolution; and 
(4) it is also in the national interest of the United States to 
undertake a diplomatic initiative to promote the peaceful and 
equitable resolution of differences between Greece and Turkey 
in the Aegean by fostering a renewed and sustained bilateral 
dialogue between those countries on such issues as: the delinea-
tion of the continental shelf, the definition of the territorial 
seas, air traffic control over the Aegean, NATO command and 
* 
control arrangements in the Aegean, and the status of Lemnos 
''- ''^•'' 
and NATO exercises in the Aegean. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-186 
(b) APPOINTMENT OF SPECIAL AMBASSADOR.—The President is au- President of U.S. 
thorized to appoint a special ambassadorial level envoy who shall be 
responsible for representing the United States in direct negotiations 
with the parties to the Cyprus dispute, for representing the United 
States in negotiations through international intermediaries and, 
generally, lending the good offices of the United States to the parties 
in this dispute in order to facilitate a peaceful settlement on Cyprus. 
As agreed to by Greece and Turkey, the special envoy shall also 
represent the United States in promoting mutual discussions be-
tween those countries concerning their differences on Aegean issues. 
The special ambassador appointed under this section shall have 
available the services of two deputies (one to specialize on the 
Cyprus question, the other on general Aegean issues) and such 
senior level Department of State personnel as may be required by 
the special ambassador in order to carry out his responsibilities. 
(c) REPORT.—Not later than June 1, 1988, the President shall President of U.S. 
submit a report to the Congress describing in detail the activities 
being undertaken by the special ambassador, the progress being 
made toward achievement of a peaceful resolution of the Cyprus 
dispute, an assessment of the obstacles to achievement of such a 
resolution and of the future role of the United States in acheiving a 
settlement on Cyprus, and an assessment of the progress being made 
toward resolution of issues affecting the Aegean region. 
(d) FUNDING.—Up to $500,000 of the funds appropriated under any 
heading of this Act which are allocated for Greece and up to 
$500,000 of the funds appropriated under any heading of this Act 
which are allocated for Turkey, may be used by the Department of 
State for any administrative costs associated with the activities of 
the special ambassador and supporting personnel, including 
transportation, salaries and per diem. 
DETENTION OF CHILDREN 
"I 
SEC. 587. It is the sense of the Congress that the practice of 
detaining children without charge or trial is unjust, inhumane, and 
is an affront to civilized principles. The Congress further believes 
that it should be the policy of the United States to make the ending 
of the practice of detaining children without charge or trial a matter 
of the highest priority. Therefore, the Congress believes the Sec-
retary of State should convey to all international organizations that 
ending the practice of detaining children without charge or trial 
should be a policy of the highest priority for those organizations. 
TRAINING ASSISTANCE FOR ARGENTINA AND BRAZIL 
SEC. 588. (a) EXEMPTION FROM CERTAIN PROHIBITIONS.—Section 
638 of the Foreign Assistance Act of 1961 is amended— 
22 USC 2398. 
(1) by inserting "(a)" before "No"; and 
(2) by adding at the end the following: 
"
O
t
>
) No provision of this Act or any other provision of law shall be 
construed to prohibit assistance for any training activity which is 
funded under this Act for Brazil or Argentina as long as such 
country continues to have a democractically elected government and 
the assistance is otherwise consistent with sections 116, 502B, 620(0, 
620A, and 660 of this Act.". 
101 STAT. 1329-187 
PUBLIC LAW 100-202—DEC. 22, 1987 
22 u s e 2398 
note. 
(b) EFFECTIVE DATE.—The amendment made by subsection (aX2) 
does not apply with respect to funds appropriated prior to the date 
of enactment of this Act. 
President of U.S. 
Reports. 
Department of 
Housing and 
Urban 
Development— 
Independent 
Agencies 
Appropriations 
Act, 1988. 
PROHIBITION ON MIUTARY ASSISTANCE TO MOZAMBIQUE 
SEC. 589. Notwithstanding any other provision of law, none of the 
funds appropriated or otherwise made available pursuant to this Act 
may be used to provide military assistance to Mozambique. 
RESTRICTIONS ON ASSISTANCE TO MOZAMBIQUE 
SEC. 590. Notwithstanding any other provision of law or this Act, 
none of the funds appropriated or otherwise made available by this 
Act may be made available to the Government of Mozambique 
unless the President reports to Congress on the extent to which: 
(1) the Government of Mozambique has entered into a dia-
logue with the Catholic Church regarding the return of church 
property; 
(2) the Government of Mozambique has taken steps to assure 
against future expropriation of private property without due 
process and just compensation; 
(3) the number of Soviet and Eastern bloc military and secu-
rity personnel are being reduced. 
This Act may be cited as the "Foreign Operations, Export Financ-
ing, and Related Programs Appropriations Act, 1988". 
(f) Such amounts as may be necessary for programs, projects or 
activities provided for in the Department of Housing and Urban 
Development—Independent Agencies Appropriations Act, 1988, at a 
rate of operations and to the extent and in the manner provided for, 
the provisions of such Act to be effective as if it had been enacted 
into law as the regular appropriations Act, as follows: 
AN ACT 
Making appropriations for the Department of Housing and Urban Development, and 
for sundry independent agencies, boards, commissions, corporations, and ofHces for 
the fiscal year ending September 30,1988, and for other purposes. 
TITLE I 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 
HOUSING PROGRAMS 
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING 
(INCLUDING RESCISSION) 
For assistance under the United States Housing Act of 1937, as 
amended ("the Act" herein) (42 U.S.C. 1437), not otherwise provided 
for, $7,887,405,000, to remain available until expended: Provided, 
That of the new budget authority provided herein, $130,200,000 shall 
be for the development or acquisition cost of public housing for 
Indian families; $210,923,000 shall be for the development or acquisi-
tion cost of public housing, including major reconstruction of obso-
lete public housing projects, other than for Indian families; 
$1,685,732,500 shall be for modernization of existing public housing 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-188 
rejects pursuant to section 14 of the Act (42 U.S.C. 14371); 
1,519,257,600 shall be for assistance for projects developed for the 
elderly or handicapped under section 202 of the Housing Act of 1959, 
as amended (12 U.S.C. 1701q); $200,000,000 shall be for rental re-
habilitation grants pursuant to section 17(aXlXA) of the Act (42 
U.S.C. 1437o); $848,850,000 shall be for the section 8 existing housing 
certificate program (42 U.S.C. 14370; $495,975,000 shall be for the 
section 8 moderate rehabilitation program (42 U.S.C. 1437f); and 
$1,167,367,650 shall be available for the housing voucher program 
under section 8(o) of the Act (42 U.S.C. 1437f(o)), and shall be used 
without regard for the limitations in section 8(oXl) that the Sec-
retary conduct a voucher demonstration, and in section 8(oX4) that 
the l^cretary use substantially all voucher authority in connection 
with certain programs, but of that portion of such budget authority 
to be used to achieve a net increase in the number of dwelling units 
for assisted families, highest priority shall be given to assisting 
families who are involuntarily displaced, or who are or would be 
displaced in consequence of increeised rents, as a result of rental 
rehabilitation program actions: Provided further, 
That of the 
amounts of budget authority that have been provided under this 
head in prior appropriations Acts, reserved or obligated for the 
development or acquisition cost of public housing other than for 
Indian families, for such costs for Indian families, for modernization 
of existing public housing projects, for rental rehabilitation grants, 
and for housing development grants under section 17(aXlXB) of the 
Act (42 U.S.C. 1437o), and recaptured during fiscal year 1988 (not 
including amounts that become available for rescission pursuant to 
section 4(cX3) of the Act), an amount equal to such recaptured 
amount shall be made available for the respective purpose for which 
such recaptured amount was last reserved or obligated, but amounts 
equal to all amounts of budget authority (and contract authority) 
reserved or obligated for programs under section 8 of the Act (42 
U.S.C. 1437f), which are recaptured during fiscal year 1988 shall be 
rescinded: Provided further. That any part of the new and recap-
tured budget authority for the development or acquisition costs of 
public housing other than for Indian families may, in the discretion 
of the Secretary, based on applications submitted by public housing 
authorities, be used for new construction or major reconstruction of 
obsolete public housing projects other than for Indian families: 
Provided further. That new budget authority, amounts that are 
available for obligation as of October 1, 1987, and amounts (other 
than amounts to be rescinded) to which the second proviso hereof 
refers, shall be available until expended, except that for rental 
rehabilitation grants under section 17(aXlXA), new budget authority 
shall be available until September 30, 1990, and amounts equal to 
recaptured amounts, and amounts which are available for obligation 
as of October 1, 1987, shall be available for the respective time 
periods applicable to such recaptured amounts: Provided further. 
Grants. 
That amounts of funds for housing development grants as au-
thorized by section 17(aXlXB) of the Act (42 U.S.C. 1437o) that were 
appropriated under this head in the Department of Housing and 
Urban Development—Independent Agencies Appropriation Act, 
1985 (Public Law 98-371, 98 Stat. 1213-1215, amending Public Law 
98-45, 97 Stat. 219-220) to become available in part during fiscal 
year 1984, and in part on October 1, 1984, shall remain available for 
obligation through September 30, 1988: Provided further, That 
Grants. 
amounts equal to recaptured amounts for housing development 
101 STAT. 1329-189 
PUBLIC LAW 100-202—DEC. 22, 1987 
grants shall be made available during 1988 on the terms specified in 
the sixth proviso under this head in the Department of Housing and 
Urban Development appropriation for 1987 (section 101(g) of Public 
Laws 99-500 and 99-591, 100 Stat. 1783, 1783-242, 3341, 3341-242): 
42 use 1437o. 
Provided further, That section 17(dX4)(G) of the Act is amended by 
striking ' 36 months" and inserting "48 months": Provided further, 
That any amounts of new budget authority provided under this head 
in prior appropriations Acts that are recaptured or carried over 
from one fiscal year to another which are available for use in fiscal 
year 1988 and thereafter shall be available as an appropriation of 
funds without regard to whether such budget authority has here-
tofore been available as an appropriation of funds: Provided further, 
That any amount of contract authority provided prior to fiscal year 
1976 for any purpose authorized by the Act, as in effect prior to the 
effective date for amendments to such 1937 Act prescribed under 
section 2010a) of the Housing and Community Development Act of 
1974 (Public Law 93-383, 88 Stat. 633, 667) and as in effect there-
after, that is not reserved or obligated on October 1, 1987, or that is 
recaptured during fiscal year 1988 or thereafter, is rescinded as of 
October 1, 1987, or upon recapture, as the case may be: Provided 
further. That none of the amounts under this head that are avail-
able for obligation in 1988 shall be subject to the provisions of 
section 213(d) of the Housing and Community Development Act of 
1974, as amended (42 U.S.C. 1439). 
RENTAL HOUSING ASSISTANCE 
(RESCISSION) 
The limitation otherwise applicable to the maximum pa)mients 
that may be required in any fiscal year by all contracts entered into 
under section 236 of the National Housing Act (12 U.S.C. 1715z-l) is 
reduced in fiscal year 1988 by not more than $2,000,000 in un-
committed balances of authorizations provided for this purpose in 
appropriations Acts. 
HOUSING FOR THE ELDERLY OR HANDICAPPED FUND 
In fiscal year 1988, $565,776,000 of direct loan obligations may be 
made under section 202 of the Housing Act of 1959, as amended (12 
U.S.C, 1701q), utilizing the resources of the fund authorized by 
subsection (a)(4) of such section, in accordance with paragraph (C) of 
such subsection: Provided, That such commitments shall be avail-
able only to qualified nonprofit sponsors for the purpose of providing 
100 per centum loans for the development of housing for the elderly 
or handicapped, with any cash equity or other financial commit-
ments imposed as a condition of loan approval to be returned to the 
sponsor if sustaining occupancy is achieved in a reasonable period of 
time: Provided further. That the full amount shall be available for 
permanent financing (including construction financing) for housing 
projects for the elderly or handicapped: Provided further. That 25 
percent of the direct loan authority provided herein shall be used 
only for the purpose of providing loans for projects for the handi-
capped: Provided further. That the Secretary may borrow from the 
Secretary of the Treasury in such amounts as are necessary to 
provide the loans authorized herein: Provided further. That, not-
withstanding any other provision of law, the receipts and disburse-
ments of the aforesaid fund shall be included in the totals of the 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-190 
Budget of the United States Government: Provided further, That, 
notwithstanding section 202(aX3) of the Housing Act of 1959, loans 
12 USC I70iq 
made in fiscal year 1988 shall bear an interest rate which does not 
"ote. 
exceed 9.25 per centum, including the allowance adequate in the 
judgment of the Secretary to cover administrative costs and prob-
able losses under the program: Provided further. That no direct loan 
authority under this head in this or any other appropriations Act 
shall be made available to fund HUD Project No. 023-EH273 
(Milton, MA) unless the sponsor of such project identifies a site for 
such project, other than the site specified in the sponsor's applica-
tion documents, that complies with the site standards and criteria of 
the Secretary. 
CONGREGATE SERVICES 
For contracts with and payments to public housing agencies and 
nonprofit corporations for congregate services programs in accord-
ance with the provisions of the Congregate Housing Services Act of 
1978, $4,224,000, to remain available until September 30, 1989. 
PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING PROJECTS 
For payments to public housing agencies and Indian housing 
authorities for operating subsidies for low-income housing projects 
as authorized by section 9 of the United States Housing Act of 1937 
as amended (42 U.S.C. 1437g), $1,450,000,000. 
PUBUC HOUSING DEVELOPMENT LOAN 
The Bay City, Michigan, Housing Authority is hereby forgiven 
with respect to any requirement to repay the Secretary of Housing 
and Urban Development any excess principal and accrued interest 
associated with a loan for public housing development awarded in 
1974, under the United States Housing Act of 1937 and designated 
as MI 24-7, and such loan is hereby cancelled. 
,,,„ 
HOUSING COUNSEUNG ASSISTANCE 
For contracts, grants, and other assistance, not otherwise provided 
for, for providing counseling and advice to tenants and home-
owners—both current and prospective—with respect to property 
maintenance, financial management, and such other matters as 
may be appropriate to assist them in improving their housing 
conditions 
and 
meeting 
the 
responsibilities 
of tenancy 
or 
homeownership, including provisions for training and for support of 
voluntary agencies and services as authorized by section 106(aXlXiii) 
and section 106(aX2) of the Housing and Urban Development Act of 
1968, as amended, $3,360,000. 
TROUBLED PROJECTS OPERATING SUBSIDY 
For assistance pa3anents to owners of eligible multifamily housing 
projects insured, or formerly insured, under the National Housing 
Act, as amended, in the program of operating subsidies for troubled 
multifamily housing projects under the Housing and Community 
Development Amendments of 1978, all uncommitted balances of 
excess rental charges and any collections after September 30, 1987, 
to remain available until September 30, 1989: Provided, That assist-
ance payments to an owner of a multifamily housing project as-
101 STAT. 1329-191 
PUBLIC LAW 100-202—DEC. 22, 1987 
sisted, but not insured, under the National Housing Act may be 
made if the project owner and the mortgagee have provided or 
agreed to provide assistance to the project in a manner as deter-
mined by the Secretary of Housing and Urban Development. 
EMERGENCY SHELTER GRANTS PROGRAM 
For the emergency shelter grants program, as authorized under 
subtitle B of title IV of the Stewart B. McKinney Homeless Assist-
ance Act (Public Law 100-77, 101 Stat. 482, 495), $8,000,000, to 
remain available until expended. 
»!-.•«» 
TRANSITIONAL AND SUPPORTIVE HOUSING DEMONSTRATION PROGRAM 
42 u s e 11313 
note. 
Loans. 
12USC1715Z-12. 
(INCLUDING TRANSFER OF FUNDS) 
For the transitional and supportive housing demonstration pro-
gram, as authorized under subtitle C of title IV of the Stewart B. 
McKinney Homeless Assistance Act (Public Law 100-77, 101 Stat. 
482, 498), $65,000,000 to remain available until expended: Provided, 
That of the foregoing amount, $750,000 shall be transferred to the 
Interagency Council on the Homeless for operations under title II of 
such Act (Public Law 100-77, 101 Stat. 482, 486): Provided further. 
That the provision in section 203(aX4) of such Act that relates to 
employment of personnel in the regions shall not be implemented. 
FEDERAL HOUSING ADMINISTRATION FUND 
For payment to cover losses, not otherwise provided for, sustained 
by the Special Risk Insurance Fund and General Insurance Fund as 
authorized by the National Housing Act, as amended (12 U.S.C. 
1715Z-305) and 1735c(f)), $162,866,000, to remain available until ex-
pended. 
During fiscal year 1988, within the resources available, gross 
obligations for direct loans are authorized in such amounts as may 
be necessary to carry out the purposes of the National Housing Act, 
as amended. 
During fiscal year 1988, additional commitments to guarantee 
loans to carry out the purposes of the National Housing Act, £is 
amended, shall not exceed a loan principal of $96,000,000,000. 
During fiscal year 1988, gross obligations for direct loans of not to 
exceed $79,272,000 are authorized for payments under section 230(a) 
of the National Housing Act, as amended, from the insurance fund 
chargeable for benefits on the mortgage covering the property to 
which the payments made relate, and payments in connection with 
such obligations are hereby approved. 
Section 247(cXl) of the National Housing Act is amended by 
inserting before the period at the end the following: "(or, in the case 
of an individual who succeeds a spouse or parent in an interest in a 
lease of Hawaiian homelands, such lower percentage as may be 
established for such succession under section 209 of the Hawaiian 
Homes (Commission Act, 1920, or under the corresponding provision 
of the constitution of the State of Hawaii adopted under section 4 of 
the Act entitled 'An Act to provide for the admission of the State of 
Hawaii into the Union', approved March 18, 1959 (73 Stat. 5))". 
Section 247 of the National Housing Act is further amended— 
(1) by redesignating subsection (c) as subsection (d); and 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-192 
(2) by inserting after subsection (b) the following new 
subsection: 
"(c) Notwithstanding any other provision of this Act, the insur-
ance of a mortgage using the authority contained in this section 
shall be the obligation of the General Insurance Fund established in 
section 519. The mortgagee shall be eligible to receive the benefits of 
insurance as provided in section 204 with respect to mortgages 
insured pursuant to this section, except that (1) all references in 
section 204 to the Mutual Mortgage Insurance Fund or the Fund 
shall be construed to refer to the General Insurance Fund; and (2) 
all references in section 204 to section 203 shall be construed to refer 
to the section under which the mortgage is insured.". 
NONPROFIT SPONSOR ASSISTANCE 
During fiscal year 1988, within the resources and authority avail-
able, gross obligations for the principal amounts of direct loans shall 
not exceed $960,000. 
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION 
GUARANTEES OF MORTGAGE-BACKED SECURITIES 
During fiscal year 1988, new commitments to issue guarantees to 
carry out the purposes of section 306 of the National Housing Act, as 
amended (12 U.S.C. 1721g), shall not exceed $144,000,000,000 of loan 
principal. 
SOLAR ENERGY AND ENERGY CONSERVATION BANK 
ASSISTANCE FOR SOLAR AND CONSERVATION IMPROVEMENTS 
For financial assistance and other expenses, not otherwise pro-
vided for, to carry out the provisions of the Solar Energy and Energy 
Conservation Bank Act of 1980 (12 U.S.C. 3601), $1,500,000, to 
remain available until September 30,1989: Provided, That the funds 
appropriated under this heading in the Department of Housing and 
Urban Development—Independent Agencies Appropriation Act, 
1985 (Public Law 98-371) shall remain available until September 30, 
1988: Provided further, That all funds recaptured from prior year 
appropriations under this heading shall be reallocated to eligible 
financial institutions. 
COMMUNITY PLANNING AND DEVELOPMENT 
COMMUNITY DEVELOPMENT GRANTS 
For grants to States and units of general local government and for 
related expenses, not otherwise provided for, necessary for carrying 
out a community development grant program as authorized by title 
I of the Housing and Community Development Act of 1974, as 
amended (42 U.S.C. 5301), $2,880,000,000 to remain available until 
September 30, 1990: Provided, That not to exceed 20 per centum of 
any grant made with funds appropriated herein (other than a grant 
using funds set aside in the next two following provisos) shall be 
expended for "Planning and Management Development" and 
"Administration" as defined in regulations promulgated by the 
Department of Housing and Urban Development: Provided further. 
101 STAT. 1329-193 
PUBLIC LAW 100-202—DEC. 22, 1987 
That $5,000,000 shall be made available from the foregoing 
$2,880,000,000 to carry out a child care demonstration under section 
222 of the Housing and Urban-Rural Recovery Act of 1983 (Public 
Law 98-181): Provided further, That $1,000,000 shall be made avail-
able from the foregoing $2,880,000,000 to carry out a neighborhood 
development demonstration under section 123 of the Housing and 
Urban-Rural Recovery Act of 1983 (Public Law 98-181). 
During fiscal year 1988, total commitments to guarantee loans, as 
authorized by section 108 of the Housing and Community Develop-
ment Act of 1974, as amended (42 U.S.C. 5301), shall not exceed 
$144,000,000 of contingent liability for loan principal. 
Section 102(aX4) of the Housing and Community Development Act 
42 use 5302. 
of 1974 is amended by striking out the third sentence and inserting 
in lieu thereof the following: "Any unit of general local government 
that becomes eligible to be classified as a metropolitan city, and was 
not classified as a metropolitan city in the immediately preceding 
fiscal year, may, upon submission of written notification to the 
Secretary, defer its classification as a metropolitan city for all 
purposes under this title, if it elects to have its population included 
in an urban county under subsection (d). Notwithstanding the 
second sentence of this paragraph, a city may elect not to retain its 
classification as a metropolitan city for fiscal year 1988 or 1989." 
URBAN DEVELOPMENT ACTION GRANTS 
For grants to carry out urban development action grant programs 
authorized in section 119 of the Housing and Community Develop-
ment Act of 1974, as amended (42 U.S.C. 5301), pursuant to section 
103 of that Act, $216,000,000, to remain available until September 
30, 1991: Provided, That title 42, United States Code, section 
5318(nX2), is amended as follows: After the word "reservation" add 
the words ", or on former Indian reservations in Oklahoma as 
determined by the Secretary of the Interior,". 
REHABILITATION LOAN FUND 
During fiscal year 1988, collections, unexpended balances of prior 
appropriations (including any recoveries of prior reservations) and 
any other amounts in the revolving fund established pursuant to 
section 312 of the Housing Act of 1964, as amended (42 U.S.C. 1452b), 
after September 30,1987, are available and may be used for commit-
ments for loans and operating costs and the capitalization of delin-
quent interest on delinquent or defaulted loans notwithstanding 
section 312(h) of such Act: Provided, That none of the funds in this 
Act may be used to sell £my loan asset that the Secretary holds as 
evidence of indebtedness under such section 312. 
URBAN HOMESTEADING 
For reimbursement to the Federal Housing Administration Fund 
or the Rehabilitation Loan Fund for losses incurred under the urban 
homesteading program (12 U.S.C. 1706e), and for reimbursement to 
the Administrator of Veterans Affairs and the Secretary of Agri-
culture for properties conveyed by the Administrator of Veterans 
Affairs and the Secretary of Agriculture, respectively, for use in 
connection with an urban homesteading program approved by the 
Secretary of Housing and Urban Development pursuant to section 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-194 
810 of the Housing and Community Development Act of 1974, as 
amended, $14,400,000, to remain available until expended. 
PoucY DEVELOPMENT AND RESEARCH 
RESEARCH AND TECHNOLOGY 
For contracts, grants, and necessary expenses of programs of 
research and studies relating to housing and urban problems, not 
otherwise provided for, as authorized by title V of the Housing and 
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-l et 
seq.), including carrying out the functions of the Secretary under 
section l(aXlXi) of Reorganization Plan No. 2 of 1968, $16,512,000, to 
remain available until September 30,1989. 
FAIR HOUSING AND EQUAL OPPORTUNITY 
FAIR HOUSING ASSISTANCE 
For contracts, grants, and other assistance, not otherwise provided 
for, as authorized by title VIII of the Civil Rights Act of 1968, as 
amended, $4,800,000, to remain available until September 30, 1989. 
MANAGEMENT AND ADMINISTRATION 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary administrative and nonadministrative expenses of 
the Department of Housing and Urban Development, not otherwise 
provided for, including not to exceed $4,000 for official reception and 
representation expenses, $666,251,000, of which $358,132,000 shall be 
provided from the various funds of the Federal Housing Administra-
tion: Provided, That during fiscal year 1988, notwithstanding any 
other provision of law, the Department of Housing and Urban 
Development shall maintain an average employment of at least 
1,315 for Public and Indian Housing Programs. 
TITLE II 
INDEPENDENT AGENCIES 
AMERICAN BATTLE MONUMENTS COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, not otherwise provided for, of the Amer-
ican Battle Monuments Commission, including the acquisition of 
land or interest in land in foreign countries; purchases and repair of 
uniforms for caretakers of national cemeteries and monuments 
outside of the United States and its territories and possessions; rent 
of office and garage space in foreign countries; purchase (one for 
replacement only) and hire of passenger motor vehicles; and insur-
ance of official motor vehicles in foreign countries, when required by 
law of such countries; $12,408,000: Provided, That where station 
36 use I2ib. 
allowance has been authorized by the Department of the Army for 
ofticers of the Army serving the Army at certain foreign stations, 
101 STAT. 1329-195 
PUBLIC LAW 100-202—DEC. 22, 1987 
the same allowance shall be authorized for officers of the Armed 
Forces assigned to the Commission while serving at the same foreign 
stations, and this appropriation is hereby made available for the 
36 use 122. 
payment of such allowance: Provided further. That when traveling 
on business of the Commission, officers of the Armed Forces serving 
as members or as Secretary of the Commission may be reimbursed 
for expenses £is provided for civilian members of the Commission: 
36 use 122a. 
Provided further. 
That the Commission shall reimburse other 
Government agencies, including the Armed Forces, for salary, pay, 
and allowances of personnel assigned to it: Provided further. That 
section 409 of the general provisions carried in title IV of this Act 
shall not apply to the funds provided under this heading: Provided 
further. That not more than $125,000 of the private contributions to 
the Kore£in War Memorial Fund may be used for administrative 
support of the Korean War Veterans Memorial Advisory Board 
including travel by members of the board authorized by the Commis-
sion, travel allowances to conform to those provided by Federal 
travel regulations. 
ADMINISTRATIVE PROVISION 
TEMPORARY INVESTMENT IN GOVERNMENT SECURITIES OF AMOUNTS 
CONTRIBUTED FOR THE KOREAN WAR VETERANS MEMORIAL 
SECTION 1. (a) IN GENERAL.—Section 3(a) of the Act entitled "An 
Act to authorize the erection of a memorial on Federal land in the 
District of Columbia and its environs to honor members of the 
Armed Forces of the United States who served in the Korean war", 
approved October 28, 1986 (40 U.S.C. 1003 note), is amended by 
adding at the end the following new paragraphs: 
"(2) There is established in the Treasury a fund which shall be 
available to the American Battle Monuments Commission for ex-
penses of establishing the memorial. The fund shall consist of (A) 
amounts deposited, and interest and proceeds credited, under para-
graph (3), and (B) obligations obtained under paragraph (4). 
"(3) The Chairman of the Commission shall deposit in the fund 
such amounts from private contributions as may be accepted under 
paragraph (1). The Secretary of the Treasury shall credit to the fund 
the interest on, and the proceeds from sale or redemption of, obliga-
tions held in the fund. 
"(4) The Secretary of the Treasury shall invest any portion of the 
fund that, as determined by the Chairman of the Commission, is not 
required to meet current expenses. Each investment shall be made 
in an interest bearing obligation of the United States or an obliga-
tion guaranteed as to principal and interest by the United States 
that, as determined by the Chairman of the Commission, has a 
maturity suitable for the fund. 
"(5) If, upon payment of all expenses of establishment of the 
memorial as provided by law, there remains a balance in the fund, 
the Chairman of the Commission shall deposit the amount of the 
balance in the general fund of the Treasury as a miscellaneous 
receipt.". 
(b) TECHNICAL AMENDMENTS.—Section 3 of such Act is amended— 
(1) by striking out "SEC. 3. (a)" and inserting in lieu thereof 
"SEC. 3. (aXD"; 
(2) in subsection (aXD, as so redesignated by paragraph (1) of 
this subsection, by striking out the last sentence; and 
(3) by striking out subsection (c). 
^ 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-196 
CORRECTION OF SUPERSEDED CROSS REFERENCE 
SEC. 2. The second sentence of section 1 of the Act entitled "An 
Act to authorize the erection of a memorial on Federal land in the 
District of Columbia and its environs to honor members of the 
Armed Forces of the United States who served in the Korean war", 
approved October 28, 1986 (40 U.S.C. 1003 note), is amended by 
striking out "the provisions o f and all that follows through the end 
of the sentence and inserting in lieu thereof "the Act entitled 'An 
Act to provide standards for placement of commemorative works on 
certain Federal lands in the District of Columbia and its environs, 
and for other purposes', approved November 14, 1986 (40 U.S.C. 1001 
et seq.).", 
CLARIFICATION OF RELATED PROVISION 
SEC. 3. The first sentence of section 3(a) of the Act entitled "An 
Act to provide standards for placement of commemorative works on 
certain Federal lands in the District of Columbia and its environs, 
and for other purposes", approved November 14, 1986 (40 U.S.C. 
1003(a)) is amended by striking out "Act of Congress" and inserting 
in lieu thereof "law". 
CONSUMER PRODUCT SAFETY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Consumer Product Safety Commis-
sion, including hire of passenger motor vehicles, services as au-
thorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for GS-18, and not to exceed 
$500 for official reception and representation expenses, $32,696,000: 
Provided, That no more than $300,000 of these funds shall be 
available for personnel compensation and benefits for the Commis-
sioners of the (Consumer Product Safety Commission appointed 
pursuant to 15 U.S.C. 2053: Provided further. That none of these 
funds shall be available for conducting or reviewing cost/benefit 
analyses on enforcement actions of the Consumer Product Safety 
Commission. 
DEPARTMENT OF DEFENSE—CIVIL 
CEMETERIAL EXPENSES, ARMY 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by law, for maintenance, 
operation, and improvement of Arlington National Cemetery and 
Soldiers' and Airmen's Home National Cemetery, including the 
purchase of one passenger motor vehicle for replacement only, and 
not to exceed $1,000 for official reception and representation ex-
penses; $8,164,()00, to remain available until expended: Provided, 
That in addition to the foregoing appropriation, $1,000,000 of unobli-
gated balances of funds previously appropriated to the Department 
of the Army, Corps of Engineers-—Civil for "Construction, general" 
shall, upon enactment of this Act, be transferred to and merged with 
the funds available under this head and such transferred funds shall 
remain available until expended. 
101 STAT. 1329-197 
PUBLIC LAW 100-202—DEC. 22, 1987 
ENVIRONMENTAL PROTECTION AGENCY 
' • 
SALARIES AND EXPENSES 
For necessary expenses, not otherwise provided for, including hire 
of passenger motor vehicles; hire, maintenance, and operation of 
aircraft; uniforms, or allowances therefor, as authorized by 5 U.S.C. 
5901-5902; 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 
GS-18; purchase of reprints; library memberships in societies or 
associations which issue publications to members only or at a price 
to members lower than to subscribers who are not members; 
construction, alteration, repair, rehabilitation, and renovation of 
facilities, not to exceed $25,000 per project; and not to exceed $3,000 
for official reception and representation expenses; $765,000,000: Pro-
vided, That none of these funds may be expended for purposes of 
Resource Conservation and Recovery Panels established under sec-
tion 2003 of the Resource Conservation and Recovery Act, as 
amended (42 U.S.C. 6913). 
RESEARCH AND DEVELOPMENT 
For research and development activities, $186,350,000, to remain 
available until September 30, 1989: Provided, That not more than 
$2,000,000 of these funds shall be available for replacement of 
laboratory equipment. 
ABATEMENT, CONTROL, AND COMPLIANCE 
For abatement, control, and compliance activities, $606,192,000, of 
which $40,000,000 shall be available for the purposes of the Asbestos 
School Hazards Abatement Act of 1984, as amended, including not 
more than $15,000,000 to defray the costs of school asbestos 
reinspections and management plans required by section 2 of the 
Asbestos Hazard Emergency Response Act of 1986 and not more 
than $2,400,000 for administrative expenses, with all of such funds 
to remain available until September 30, 1989: Provided, That school 
asbestos abatement loan and grant awards shall be made no later 
than March 1, 1988: Provided further. That none of the funds 
appropriated under this head shall be available to the National 
Oceanic and Atmospheric Administration pursuant to section 
118(hX3) of the Federal Water Pollution Control Act, as amended: 
Provided further. That none of these funds may be expended for 
purposes of Resource Conservation and Recovery Panels established 
under section 2003 of the Resource Conservation and Recovery Act, 
as amended (42 U.S.C. 6913), or for support to State, regional, local 
and interstate agencies in accordance with subtitle D of the Solid 
Waste Disposal Act, as amended, other than section 4008(aX2) or 
33 use 1330. 
4009 (42 U.S.C. 6948, 6949): Provided further. That not more than 
$2,000,000 of these funds shall be available for replacement of 
laboratory equipment: Provided further. That section 32(KaX2XB) of 
the Federal Water Pollution Control Act is amended by inserting 
"Santa Monica Bay, California;" after 
"San Francisco Bay, 
California;". 
BUILDINGS AND FACILITIES 
For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment for facilities of, or use by, the Environ-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-198 
mental Protection Agency, $23,500,000, to remain available until 
expended: Provided, That the appropriating paragraph under this 
head in the Department of Housing and Urban Development— 
Independent Agencies Appropriations Act, 1987, as made effective 
by section 101(g) of Public Laws 99-500 and 99-591, is amended by 
repealing the following: "$2,000,000 shall be for construction of a 
laboratory addition at the Environmental Research Center at the 
University of Nevada, Las Vegas, and". 
HAZARDOUS SUBSTANCE SUPERFUND 
For necessary expenses to carry out the Comprehensive Environ-
mental 
Response, 
Compensation, 
and 
Liability 
Act 
of 
1980 
(CERCLA), as amended, including sections 111 (cX3), (cX5), (cX6), and 
(eX4) (42 U.S.C. 9611), $1,128,000,000 to be derived from the Hazard-
ous Substance Superfund, consisting of $888,900,000 as authorized 
» 
! i
;
<
*
. 
by section 517(a) of the Superfund Amendments and Reauthoriza- 
^ 
tion Act of 1986 (SARA) and $239,100,000 as a payment from general 
revenues to the Hazardous Substance Superfund as authorized by 
section 517(b) of SARA, with all of such funds to remain available 
until expended: Provided, 
That funds appropriated under this ac-
count may be allocated to other Federal agencies in accordance with 
section 111(a) of CERCLA, as amended: Provided further. 
That none 
of the funds appropriated under this heading shall be available for 
sections lllOo), (cXD, or (cX2) of CERCLA, as amended: 
Provided 
further, 
That, notwithstanding section lll(m) of CERCLA, 
as 
amended, or any other provision of law, not to exceed $43,000,000 of 
the funds appropriated under this heading shall be available to the 
Agency for Toxic Substances and Disease Registry to carry out 
activities described in sections 104(i), lll(cX4), lll(cX14), and 118(f) 
of SARA: Provided further. That no more than $182,400,000 of these 
funds shall be available for administrative expenses: Provided fur-
ther, That title I of CERCLA, as amended by section 119 of SARA, is 42 USC 9619. 
amended bv adding the following 
subparagraph 
to section 
119(eX2XA): (iii) Recipients of grants (including sub-grantees) under 
section 126 for the training and education of workers who are or 
may be engaged in activities related to hazardous waste removal, 
containment, or emergency response under this Act; and": Provided 
further. That section 126(dX3) of SARA is amended by adding a new 29 USC 655 note. 
sentence at the end thereof as follows: "The certification procedures 
shall be no less comprehensive than those adopted by the Environ-
mental Protection Agency in its Model Accreditation Plan for Asbes-
tos Abatement Training as required under the Asbestos Hazard 
Emergency Response Act of 1986.". 
LEAKING UNDERGROUND STORAGE TANK TRUST FUND 
For necessary expenses to carry out leaking underground storage 
tank cleanup activities authorized by section 205 of the Superfund 
Amendments and Reauthorization Act of 1986, $14,400,000, to 
remain available until expended: Provided, That no more thsin 
$4,800,000 shall be available for administrative expenses. 
CONSTRUCTION GRANTS 
For necessary expenses to carry out title II of the Federal Water 
Pollution Control Act, as amended, other them sections 201(mXl-3), 
101 STAT. 1329-199 
PUBLIC LAW 100-202—DEC. 22, 1987 
201(nK2), 206, 208, and 209, $2,304,000,000, to remain available until 
expended. 
ADMINISTRATIVE PROVISIONS 
None of the funds in this Act shall be available for any indemnity 
payment under section 15 of the Federal Insecticide, Fungicide, and 
Rodenticide Act. 
Not to exceed $25,000,000 in fees and charges is authorized to be 
assessed and collected by the Administrator in fiscal year 1988 for 
services and activities carried out pursuant to the statutes which are 
administered by the Environmental Protection Agency for deposit in 
a special fund in the U.S. Treasury which shall be available for 
appropriation, to remain available until expended, to carry out the 
Agency's activities in the programs for which the fees or charges are 
made. 
42 use 7503 
No restriction or prohibition on construction, permitting, or fund-
note, 
ing under sections 110(a)(2)(I), 173(4), 176(a), 176(b), or 316 of the 
Clean Air Act shall be imposed or take effect during the period prior 
to August 31,1988, by reason of (1) the failure of any nonattainment 
area to attain the national primary ambient air quality standard 
under the Clean Air Act for photochemical oxidants (ozone) or 
carbon monoxide (or both) by December 31, 1987, (2) the failure of 
any State to adopt and submit to the Administrator of the Environ-
mental Protection Agency an implementation plan that meets the 
requirements of part D of title I of such Act and provides for 
attainment of such standards by December 31,1987, (3) the failure of 
any State or designated local government to implement the ap-
plicable implementation plan, or (4) any combination of the 
foregoing. During such period and consistent with the preceding 
sentence, the issuance of a permit (including required offsets) under 
section 173 of such Act for the construction or modification of a 
source in a nonattainment area shall not be denied solely or par-
, r; 
tially by reason of the reference contained in section 171(1) of such 
Act to the applicable date established in section 172(a). This subsec-
tion shall not apply to any restriction or prohibition in effect under 
sections 110(a)(2)(I), 173(4), 176(a), 176(b), or 316 of such Act prior to 
the enactment of this section. Prior to August 31,1988, the Adminis-
trator of the Environmental Protection Agency shall evaluate air 
ji,. ^ 
quality data and make determinations with respect to which areas 
throughout the nation have attained, or failed to attain, either or 
both of the national primary ambient air quality standards referred 
to in subsection (a) and shall take appropriate steps to designate 
those areas failing to attain either or both of such standards as 
nonattainment areas within the meaning of part D of title I of the 
Clean Air Act. 
Notwithstanding any other provision of law, none of the funds 
made available by this or any other appropriations Act shall be 
available to the Environmental Protection Agency prior to Septem-
ber 15, 1988, for the purpose of cancellation or suspension of any 
pesticide registration for failure of any manufacturer, formulator, 
registrant or user to comply with PR Notices 87-4 and 87-5 relating 
to labeling of such substances, nor for the purpose of enforcement 
actions against any user of any pesticide whose use is substantially 
in conformance with label instructions in existence as of August 1, 
1987, related to endangered species, as cited in PR Notices 87-4 and 
87-5, nor to propose or order any other revision in such labeling for 
the reasons cited in PR Notices 87-4 and 87-5, except that the 
.e.Nw 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-200 
Agency may propose revision where there is no disagreement be-
tween the Agency and the State departments relevant to im-
plementation in that State. 
E X E C U T I V E O F F I C E O F T H E P R E S I D E N T 
COUNCIL ON E N V I R O N M E N T A L QUALITY AND OFFICE OF 
E N V I R O N M E N T A L Q U A U T Y 
For necessary expenses of the Council on Environmental Quality 
and the Office of Environmental Quality, in carrying out their 
functions under the National Environmental Policy Act of 1969, the 
Environmental Quality Improvement Act of 1970, and Reorganiza-
tion Plan No. 1 of 1977, including not to exceed $500 for official 
reception and representation expenses, and hire of passenger motor 
vehicles, $826,000. 
OFFICE OF SCIENCE AND TECHNOLOGY POUCY 
For necessary expenses of the Office of Science and Technology 
Policy, in carrying out the purposes of the National Science and 
Technology Policy, Organization, and Priorities Act of 1976 (42 
U.S.C. 6601 and 6671), hire of passenger motor vehicles, services as 
authorized by 5 U.S.C. 3109, not to exceed $1,500 for official recep-
tion and representation expenses, and rental of conference rooms in 
the District of Columbia, $1,888,000: Provided, That the Office of 
Science and Technology Policy shall reimburse other agencies for 
not less than one-half of the personnel compensation costs of individ-
uals detailed to it. 
FEDERAL EMERGENCY MANAGEMENT AGENCY 
DISASTER R E U E F 
For necessary expenses in carrying out the functions of the 
Disaster Relief Act of 1974, as amended (42 U.S.C. 5121 et seq.), 
$120,000,000, to remain available until expended. 
SALARIES AND EXPENSES 
For necessary expenses, not otherwise provided for, including hire 
and purchase of motor vehicles (31 U.S.C. 1343); uniforms, or allow-
ances therefor, as authorized by 5 U.S.C. 5901-5902; 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 GS-18; expenses 
of attendance of cooperating officials and individuals at meetings 
concerned with the work of emergency preparedness; transportation 
in connection with the continuity of Government program to the 
same extent and in the same manner as permitted the Secretary of a 
Military Department under 10 U.S.C. 2632; and not to exceed $1,500 
for official reception and representation expenses, $125,841,000. 
E M E R G E N C Y MANAGEMENT PLANNING AND ASSISTANCE 
For necessary expenses, not otherwise provided for, to carry out 
activities under the National Flood Insurance Act of 1968, as 
amended, and the Flood Disaster Protection Act of 1973, as amended 
(42 U.S.C. 4001 et seq.), the Disaster Relief Act of 1974, as amended 
(42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 
101 STAT. 1329-201 
PUBLIC LAW 100-202—DEC. 22, 1987 
1977, as amended (42 U.S.C. 7701 et seq.), the Federal Fire Preven-
tion and Control Act of 1974, as amended (15 U.S.C. 2201 et seq.), the 
Strategic and Critical Materials Stock Piling Act, as amended (50 
U.S.C. 98 et seq.), the Federal Civil Defense Act of 1950, as amended 
(50 U.S.C. App. 2251 et seq.), the Defense Production Act of 1950, as 
amended (50 U.S.C. App. 2061 et seq.), section 103 of the National 
Security Act (50 U.S.C. 404), and Reorganization Plan No. 3 of 1978, 
$272,496,000. 
NATIONAL FLOOD INSURANCE FUND 
(TRANSFERS OF FUNDS) 
Of the funds available from the National Flood Insurance Fund 
for activities under the National Flood Insurance Act of 1968, and 
the Flood Disaster Protection Act of 1973, $9,496,000 shall, upon 
enactment of this Act, be transferred to the "Salaries and expenses" 
appropriation for administrative costs of the insurance and flood 
plain management programs and $43,392,000 shall, upon enactment 
of this Act, be transferred to the "Emergency management planning 
and assistance" appropriation for flood plain management activities, 
including $4,531,000 for expenses under section 1362 of the National 
Flood Insurance Act of 1968, as amended (42 U.S.C. 4103, 4127), 
which amount shall be available until September 30, 1989. In fiscal 
year 1988, no funds in excess of (1) $38,000,000 for operating ex-
penses, (2) $137,765,000 for agents' commissions and taxes, and (3) 
$2,537,000 for interest on Treasury borrowings shall be available 
from the National Flood Insurance Fund without prior notice to the 
Committees on Appropriations. 
EMERGENCY FOOD AND SHELTER PROGRAM 
There is hereby appropriated $114,000,000 to the Federal Emer-
gency Management Agency to carry out an emergency food and 
shelter program pursuant to title III of Public Law 100-77: Provided, 
That total administrative costs shall not exceed three and one-half 
per centum of the total appropriation. 
GENERAL SERVICES ADMINISTRATION 
, . 
. 
f
^
r
' 
:
•
'
-
•
•
•
-
•
•
• 
"
' 
• 
• 
CONSUMER INFORMATION CENTER 
For necessary expenses of the Consumer Information Center, 
including services authorized by 5 U.S.C. 3109, $1,279,000, to be 
deposited into the Consumer Information Center Fund: Provided, 
That the appropriations, revenues and collections deposited into the 
fund shall be available for necessary expenses of Consumer Informa-
tion Center activities in the aggregate amount of $5,140,000. 
Administrative expenses of the Consumer Information Center in 
fiscal year 1988 shall not exceed $1,652,000. Appropriations, reve-
nues and collections accruing to this fund during fiscal year 1988 in 
excess of $5,140,000 shall remain in the fund and shall not be 
available for expenditure except as authorized in appropriations 
Acts. 
;• i»/ 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-202 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
OFFICE OF CONSUMER AFFAIRS 
For necessary expenses of the Office of Consumer Affairs, includ-
ing services authorized by 5 U.S.C. 3109, $1,670,000. 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
RESEARCH AND DEVELOPMENT 
For necessary expenses, not otherwise provided for, including 
research, development, operations, services, minor construction, 
maintenance, repair, rehabilitation and modification of real and 
personal property; purchase, hire, maintenance, and operation of 
other them administrative aircraft, necessary for the conduct and 
support of aeronautical and space research and development activi-
ties of the National Aeronautics and Space Administration; 
$3,374,200,000, to remain available until September 30, 1989, of 
which $100,000,000 shall be derived by transfer from funds appro-
priated in section 101(g) of Public Law 99-591 for orbiter production: 
Provided, That of the funds made available by this Act, $225,000,000 
is for space station only, which amount shall not become avail-
able for obligation until June 1, 1988, and pursuant to section 202 
of the Balanced Budget and Emergency Deficit Control Reaffirma-
tion Act of 1987, this action is a necessary Ot>ut secondary) result of a 
significant policy change. 
SPACE FUGHT, CONTROL AND DATA COMMUNICATIONS 
For necessary expenses, not otherwise provided for; in support of 
space flight, spacecraft control and communications activities of the 
National Aeronautics and Space Administration, including oper-
ations, production, services, minor construction, maintenance, 
repair, rehabilitation, and modification of real and personal prop-
erty; tracking and data relay satellite services as authorized by law; 
purchase, hire, maintenance 
and 
operation 
of other 
than 
administrative aircraft; $3,908,309,000, to remain available until 
September 30, 1989, including not to exceed $28,000,000 for expend-
able launch vehicles which shall be available only for the purchase 
of two Delta II vehicles for the launch of the Roentgen satellite 
(ROSAT) and the Extreme Ultraviolet Explorer (EUVE). 
CONSTRUCTION OF FACILITIES 
For construction, repair, rehabilitation and modification of facili-
ties, minor construction of new facilities and additions to existing 
facilities, and for facility planning and design not otherwise pro-
vided, for the National Aeronautics and Space Administration, and 
for the acquisition or condemnation of real property, as authorized 
by law, $178,272,000, to remain available until September 30, 1990: 
Provided, That, notwithstanding the limitation on the availability of 
funds appropriated under this heading by this appropriations Act, 
when any activity has been initiated by the incurrence of obligations 
therefor, the amount available for such activity shall remain avail-
able until expended, except that this provision shall not apply to the 
amounts appropriated pursuant to the authorization for repair, 
rehabilitation and modification of facilities, minor construction of 
,Sa:^^.:tln<iU 
91-194 O - 90 - 18 : QL.3 Part 2 
101 STAT. 1329-203 
PUBLIC LAW 100-202—DEC. 22, 1987 
new facilities and additions to existing facilities, and facility plan-
Contracts, 
ning and design: Provided further. That no amount appropriated 
pursuant to this or any other Act may be used for the lease or 
construction of a new contractor-funded facility for exclusive use in 
support of a contract or contracts with the National Aeronautics 
and Space Administration under which the Administration would 
be required to substantially amortize through payment or re-
imbursement such contractor investment, unless an appropriations 
Act specifies the lease or contract pursuant to which such facilities 
are to be constructed or leased or such facility is otherwise identified 
in such Act: Provided further. That the Administrator may au-
thorize such facility lease or construction, if he determines, in 
consultation with the Committees on Appropriations, that deferral 
of such action until the enactment of the next appropriations Act 
would be inconsistent with the interest of the Nation in aeronautical 
and space activities. 
,„ 
RESEARCH AND PROGRAM MANAGEMENT 
For necessary expenses of research in Government laboratories, 
management of programs and other activities of the National Aero-
nautics and Space Administration, not otherwise provided for, 
including uniforms or allowances therefor, as authorized by law (5 
U.S.C. 5901-5902); awards; lease, hire, maintenance and operation of 
administrative aircraft; purchase (not to exceed thirty-three for 
replacement only) and hire of passenger motor vehicles; and mainte-
nance and repair of real and personal property, and not in excess of 
$100,000 per project for construction of new facilities and additions 
to existing facilities, repairs, and rehabilitation and modification of 
Contracts. 
facilities; $1,495,680,000: Provided, That contracts may be entered 
into under this appropriation for maintenance and operation of 
facilities, and for other services, to be provided during the next fiscal 
year: Provided further. That not to exceed $35,000 of the foregoing 
amount shall be available for scientific consultations or extraor-
dinary expense, to be expended upon the approval or authority of 
the Administrator and his determination shall be final and conclu-
sive: Provided further. That apportionments granted pursuant to 
this Act for the appropriations to the National Aeronautics and 
Space Administration shall reflect the moving of up to $245,000,000 
(on an annual basis) in institutional costs from the "Research and 
development" and "Space flight, control and data communications" 
accounts to the "Research and program mansigement" account. 
NATIONAL CREDIT UNION ADMINISTRATION 
CENTRAL UQUIDITY FACIUTY 
During fiscal year 1988, gross obligations of the Central Liquidity 
Facility for the principal amount of new direct loans to member 
credit unions as authorized by the National Credit Union Central 
Liquidity Facility Act (12 U.S.C. 1795) shall not exceed $600,000,000: 
Provided, That administrative expenses of the (Central Liquidity 
Facility in fiscal year 1988 shall not exceed $813,000. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-204 
NATIONAL SCIENCE FOUNDATION 
RESEARCH AND RELATED ACTIVITIES 
For necessary expenses in carrying out the purposes of the Na-
tional Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), and the Act to establish a National Medal of Science (42 
U.S.C. 1880-1881); services as authorized by 5 U.S.C. 3109; mainte-
nance and operation of aircraft and purchase of flight services for 
research support; acquisition of one aircraft; hire of passenger motor 
vehicles; not to exceed $2,500 for official reception and representa-
tion expenses; uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902); rental of conference rooms in the District of 
Columbia; and reimbursement of the General Services Administra-
tion for security guard services; $1,453,000,000, to remain available 
until September 30, 1989: Provided, That of the funds appropriated 
in this Act, $1,000,000 shall be available only for the International 
Institute for Applied Systems Analysis, and that, notwithstanding 
any other provision of law, the Director may choose not to obligate 
these funds for that purpose: Provided further. That of the funds 
appropriated in this Act, or from funds appropriated previously to 
the Foundation, not more than $84,480,000 shall be available for 
program development and management in fiscal year 1988: Provided 
further. That none of the funds appropriated in this Act may be 
used, directly or through grants, contracts, or other award mecha-
nisms, for agreements executed after enactment of this Act, to pay 
or to provide reimbursement for the Federal portion of the salary of 
any individual functioning as a Federal employee at more than the 
daily equivalent of the maximum rate paid for ES-6 for assignments 
to Senior Executive Service positions, unless specifically authorized 
by law: Provided further. That contracts may be entered into under Contracts. 
the program development and management limitation in fiscal year 
1988 for maintenance and operation of facilities, and for other 
services, to be provided during the next fiscal year: Provided further. 
That receipts for scientific support services and materials furnished 
by the National Research Centers and other National Science 
Foundation supported research facilities may be credited to this 
appropriation: Provided further. That to the extent that the amount 
appropriated is less than the total amount authorized to be appro-
priated for included program activities, all amounts, including floors 
and ceilings, specified in the authorizing Act for those program 
activities or their subactivities shall be reduced proportionally. 
UNITED STATES ANTARCTIC PROGRAM ACTIVITIES 
For necessary expenses in carrying out the research and oper-
ational support for the United States Antarctic Program pursuant 
to the National Science Foundation Act of 1950, as amended (42 
U.S.C. 1861-1875); maintenance and operation of aircraft and pur-
chase of flight services for research and operations support; mainte-
nance and operation of research ships and charter or lease of ships 
for research and operations support; hire of passenger motor 
vehicles; not to exceed $1,000 for official reception and representa-
tion expenses; $124,800,000, to remain available until expended: 
Provided, That receipts for support services and materials provided 
to individuals for non-Federal activities may be credited to this 
101 STAT. 1329-205 
PUBLIC LAW 100-202—DEC. 22, 1987 
appropriation: Provided further. That no funds in this account shall 
be used for the purchase of aircraft. 
SCIENCE EDUCATION ACTIVITIES 
For necessary expenses in carrying out science and engineering 
education programs and activities pursuant to the purposes of the 
National Science Foundation Act of 1950, as amended (42 U.S.C. 
1861-1875), including award of graduate fellowships, services as 
authorized by 5 U.S.C. 3109, and rental of conference rooms in the 
District of Columbia, $139,200,000, to remain available until Septem-
ber 30, 1989: Provided, That to the extent that the amount of this 
appropriation is less than the total amount authorized to be appro-
priated for included progpram activities, all amounts, including floors 
and ceilings, specified in the authorizing Act for those program 
activities or their subactivities shall be reduced proportionally. 
NEIGHBORHOOD REINVESTMENT CORPORATION 
? 
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION 
For pa3mient to the Neighborhood Reinvestment Corporation for 
use in neighborhood reinvestment activities, as authorized by the 
Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101-8107), 
$18,720,000. 
SELECTIVE SERVICE SYSTEM 
SALARIES AND EXPENSES 
For necessary expenses of the Selective Service System, including 
expenses of attendance at meetings and of training for uniformed 
personnel assigned to the Selective Service System, as authorized by 
law (5 U.S.C. 4101-4118) for civilian employees; and not to exceed 
, 
$1,000 
for 
official 
reception 
and 
representation 
expenses; 
$25,459,000: Provided, That during the current fiscal year, the Presi-
dent may exempt this appropriation from the provisions of 31 U.S.C. 
1341, whenever he deems such action to be necessary in the interest 
of national defense: Provided further. That none of the funds appro-
priated by this Act may be expended for or in connection with the 
induction of any person into the Armed Forces of the United States. 
VETERANS ADMINISTRATION 
COMPENSATION AND PENSIONS 
For the payment of compensation benefits to or on behalf of 
veterans as authorized by law (38 U.S.C. 107, chapters 11, 13, 51, 53, 
55, and 61); pension benefits to or on behalf of veterans as au-
' 
thorized by law (38 U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 
2508); and burial benefits, emergency and other officers' retirement 
pay, adjusted-service credits and certificates, payment of premiums 
due on commercial life insurance policies guaranteed under the 
provisions of Article IV of the Soldiers' and Sailors' Civil Relief Act 
of 1940, as amended, and for other benefits as authorized by law (38 
U.S.C. 107, 412, 777, and 806, chapters 23, 51, 53, 55, and 61; 50 
U.S.C. App. 540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), 
$14,334,287,000, to remain available until expended. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-206 
READJUSTMENT BENEFITS 
For the payment of readjustment and rehabilitation benefits to or 
on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30, 
31, 34-36, 39, 51, 53, 55, and 61), $625,700,000, to remain available 
until expended. 
VETERANS INSURANCE AND INDEMNITIES 
For military and naval insurance, national service life insurance, 
servicemen's indemnities, and service-disabled veterans insurance, 
as authorized by law (38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487), 
$14,290,000, to remain available until expended. 
MEDICAL CARE 
For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, and domiciliary facilities; for furnishing, 
as authorized by law, inpatient and outpatient care and treatment 
to beneficiaries of the Veterans Administration, including care and 
treatment in facilities not under the jurisdiction of the Veterans 
Administration, and furnishing recreational facilities, supplies and 
equipment; funeral, burial and other expenses incidental thereto for 
beneficiaries receiving care in Veterans Administration facilities; 
repairing, altering, improving or providing facilities in the several 
hospitals and homes under the jurisdiction of the Veterans Adminis-
tration, not otherwise provided for, either by contract or by the hire 
of temporary employees and purchase of materials; uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902); aid to 
State homes £is authorized by law (38 U.S.C. 641); and not to exceed 
$2,000,000 to fund cost comparison studies as referred to in 38 U.S.C. 
5010(aX5); $10,094,808,000, plus reimbursements: Provided, That of 
the sum appropriated, $6,400,000,000 is available only for expenses 
^ 
in the personnel compensation and benefits object classifications: 
Provided further. That, during fiscal year 1988, jurisdictional aver-
age employment shall not exceed 37,700 for administrative support. 
MEDICAL AND PROSTHETIC RESEARCH 
' 
'•"•• 
' ' 
For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by law, to 
remain available until September 30, 1989, $192,899,000, plus 
reimbursements. 
MEDICAL ADMINISTRATION AND MISCELLANEOUS 
OPERATING EXPENSES 
For necessary expenses in the administration of the medical, 
hospital, nursing home, domiciliary, construction, supply, and re-
search 
activities, 
as 
authorized 
by 
law, 
$46,628,000, 
plus 
reimbursements. 
' ' ' 
Gl^NERAL OPERATING EXPENSES 
For necessary operating expenses of the Veterans Administration, 
not otherwise provided for, including uniforms or allowances there-
for, as authorized by law; not to exceed $3,000 for official reception 
and representation expenses; cemeterisil expenses as authorized by 
law; purchase of six passenger motor vehicles, for use in cemeterial 
101 STAT. 1329-207 
PUBLIC LAW 100-202—DEC. 22, 1987 
operations, and hire of passenger motor vehicles; and reimburse-
ment of the General Services Administration for security guard 
services, and the Department of Defense for the cost of overseas 
employee mail; $762,810,000, including $508,500,000 for the Depart-
ment of Veterans Benefits: Provided, That, during fiscal year 1988, 
jurisdictional average emplojrment shall not be less than 12,915 for 
the Department of Veterans Benefits: Provided further, That none 
of the funds appropriated by this or any other Act shall be obligated 
to effect the closing of the St. Paul Insurance Center during the 
period beginning on the date of the enactment into law of this Act 
and ending on September 30, 1988: Provided 
further. 
That 
$26,700,000 of the sum appropriated is for contracts in amounts not 
less than $1,000,000 for the acquisition of automated data processing 
equipment and services to support the modernization program in 
the Department of Veterans Benefits emd shall remain available 
until September 30, 1989. 
CONSTRUCTION, MAJOR PROJECTS 
For constructing, altering, extending and improving any of the 
facilities under the jurisdiction or for the use of the Veterans 
Administration, or for any of the purposes set forth in sections 1004, 
1006, 5002, 5003, 5006, 5008, 5009, and 5010 of title 38, United States 
Code, including planning, architectural and engineering services, 
and site acquisition, where the estimated cost of a project is 
$2,000,000 or more or where funds for a project were made available 
in a previous major project appropriation, $402,884,000, to remain 
available until expended: Provided, That, except for advance plan-
ning of projects funded through the advance planning fund and the 
design of projects funded through the design fund, none of these 
funds shall be used for any project which has not been considered 
Contracts. 
and approved by the Congress in the budgetary process: Provided 
further. That funds provided in the appropriation "Construction, 
major projects" for fiscal year 1988, for each approved project shall 
be obligated (1) by the awarding of a working drawings contract by 
September 30, 1988, and (2) by the awarding of a construction 
Reports. 
contract by September 30,1989: Provided further. That the Adminis-
trator shall promptly report in writing to the Comptroller General 
and to the Committees on Appropriations any approved major 
construction project in which obligations are not incurred within the 
time limitations established above; and the Comptroller General 
shedl review the report in accordance with the procedures estab-
lished by section 1015 of the Impoundment Control Act of 1974 (title 
X of Public Law 93-344): Provided further. That no funds from any 
other account, except the "Parking garage revolving fund", may be 
obligated for constructing, altering, extending, or improving a 
project which was approved in the budget process and funded in this 
account until one year after substantial completion and beneficial 
occupancy by the Veterans Administration of the project or any part 
Contracts. 
thereof with respect to that part only: Provided further. That prior 
to the issuance of a bidding document for any construction contract 
for a project approved under this heading (excluding completion 
items), the director of the affected Veterans Administration medical 
facility must certify that the design of such project is acceptable 
from a patient care standpoint: Provided further. That $2,500,000 of 
the unobligated balances under this heading shall be available for 
the settlement of a contractor's claim arising from the construction 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-208 
of a Replacement Hospital and Research Building at the Veterans 
Administration Medical Center, Bronx, New York. 
CONSTRUCTION, MINOR PROJECTS 
For constructing, altering, extending, and improving any of the 
facilities under the jurisdiction or for the use of the Veterans 
Administration, including planning, architectural and engineering 
services, and site acquisition, or for any of the purposes set forth in 
sections 1004, 1006, 5002, 5003, 5006, 5008, 5009, and 5010 of title 38, 
United States Code, where the estimated cost of a project is less than 
$2,000,000, $115,942,000, to remain available until expended, along 
with unobligated balances of previous "Construction, 
minor 
projects" appropriations which are hereby made available for any 
project where the estimated cost is less than $2,000,000: Provided, 
That not more than $40,774,000 shall be available for expenses of 
the Office of Facilities, including research and development in 
building construction technology: Provided further, That funds in 
this account shall be available for (1) repairs to any of the 
nonmedical facilities under the jurisdiction or for the use of the 
Veterans Administration which are necessary because of loss or 
damage caused by any natural disaster or catastrophe, and (2) 
temporary measures necessary to prevent or to minimize further 
loss by such causes. 
PARKING GARAGE REVOLVING FUND 
For the parking garage revolving fund as authorized by law (38 
U.S.C. 5009), $3,936,000, together with income from fees collected, to 
remain available until expended. Resources of this fund shall be 
avgiilable for all expenses authorized by 38 U.S.C. 5009 except 
operations and maintenance costs which will be funded from "Medi-
cal care". 
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACIUTIES 
For grants to assist the several States to acquire or construct 
State nursing home and domiciliary facilities and to remodel, 
modify or alter existing hospital, nursing home and domiciliary 
facilities in State homes, for furnishing care to veterans as au-
thorized by law (38 U.S.C. 5031-5037), $40,320,000, to remain avail-
able until September 30,1990. 
GRANTS TO THE REPUBUC OF THE PHIUPPINES 
For payment to the Republic of the Philippines of grants, as 
authorized by law (38 U.S.C. 632), for assisting in the replacement 
and upgrading of equipment and in rehabilitating the physical plant 
and facilities of the Veterans Memorial Medical Center, $480,000, to 
remain available until September 30,1989. 
DIRECT LOAN REVOLVING FUND 
During 1988, within the resources available, not to exceed 
$1,000,000 in gross obligations for direct loans is authorized for 
specially adapted housing loans (38 U.S.C. chapter 37). 
101 STAT. 1329-209 
PUBLIC LAW 100-202—DEC. 22, 1987 
,^_^ 
., 
LOAN GUARANTY REVOLVING FUND 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary to carry out loan guaranty and insurance 
operations, as authorized by law (38 U.S.C. chapter 37, except 
administrative expenses, as authorized by section 1824 of such title), 
$389,800,000, to remain available until expended. 
During 1988, the resources of the loan guaranty revolving fund 
shall be available for expenses for property acquisitions, payment of 
participation sales insufficiencies, and other loan guaranty and 
insurance operations, as authorized by law (38 U.S.C. chapter 37, 
except administrative expenses, as authorized by section 1824 of 
such title): Provided, That the unobligated balances, including re-
tained earnings of the direct loan revolving fund, shall be available, 
during 1988, for transfer to the loan guaranty revolving fund in such 
amounts as may be necessary to provide for the timely payment of 
obligations of such fund, and the Administrator of Veterans Affairs 
shall not be required to pay interest on amounts so transferred after 
the time of such transfer. 
During 1988, with the resources available, gross obligations for 
direct loans and total commitments to guarantee loans are au-
thorized in such amounts as may be necessary to carry out the 
purposes of the "Loan guaranty revolving fund". 
ADMINISTRATIVE PROVISIONS 
(INCLUDING TRANSFER OF FUNDS) 
Not to exceed 5 per centum of any appropriation for 1988 for 
"Compensation and pensions", "Readjustment benefits", and "Vet-
erans insurance and indemnities" may be transferred to any other 
of the mentioned appropriations, but not to exceed 10 per centum of 
the appropriations so augmented. 
Appropriations available to the Veterans Administration for 1988 
for salaries and expenses shall be available for services as au-
thorized by 5 U.S.C. 3109. 
No part of the appropriations in this Act for the Veterans 
Administration (except the appropriations for "Construction, major 
projects" and "Construction, minor projects") shall be available for 
the purchase of any site for or toward the construction of any new 
hospital or home. 
No part of the foregoing appropriations shall be available for 
hospitalization or examination of any persons except beneficiaries 
entitled under the laws bestowing such benefits to veterans, unless 
reimbursement of cost is made to the appropriation at such rates as 
may be fixed by the Administrator of Veterans Affairs. 
Appropriations available to the Veterans Administration for fiscal 
year 1988 for "Compensation and pensions", "Readjustment bene-
fits", "Veterans insurance and indemnities", and the "Loan guar-
anty revolving fund" shall be available for pa3anent of prior year 
accrued obligations required to be recorded by law against the 
aforementioned accounts within the leist quarter of fiscal year 1987. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-210 
TITLE III 
CORPORATIONS 
Corporations and agencies of the Department of Housing and Contracts. 
Urban Development and the Federal Home Loan Bank Board which 
are subject to the Government Corporation Control Act, as 
amended, are hereby authorized to make such expenditures, within 
the limits of funds and borrowing authority available to each such 
corporation or agency 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 Act as may be necessary in 
carrying out the programs set forth in the budget for 1988 for such 
corporation or agency except as hereinafter provided: Provided, 
That collections of these corporations and agencies may be used for 
new loan or mortgage purchase commitments only to the extent 
expressly provided for in this Act (unless such loans are in support 
of other forms of assistance provided for in this or prior appropria-
tions Acts), except that this proviso shall not apply to the mortgage 
insurance or guaranty operations of these corporations, or where 
loans or mortgage purchases are necessary to protect the financial 
interest of the United States Government. 
FEDERAL HOME LOAN BANK BOARD 
UMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL HOME LOAN BANK 
BOARD 
Not to exceed a total of $30,313,000 shall be available for adminis-
trative expenses of the Federal Home Loan Bank Board for procure-
ment of services as authorized by 5 U.S.C. 3109, and contracts for 
such services with one organization may be renewed annually, and 
uniforms or allowances therefor in accordance with law (5 U.S.C. 
5901-5902), and said amount shall be derived from funds available to 
the Federal Home Loan Bank Board, including those in the Federal 
Home Loan Bank Board revolving fund and receipts of the Board for 
the current fiscal year, of which not to exceed $800,000 shall be 
available for purposes of training State examiners and not to exceed 
$1,500 shall be available for official reception and representation 
expenses: Provided, That members and alternates of the Federal 
12 USC I428a 
Savings and Loan Advisory Council may be compensated subject to "°*^^ 
the provisions of section 7 of the Federal Advisory Committee Act, 
and shall be entitled to reimbursement from the Board for transpor-
tation expenses incurred in attendance at meetings of or concerned 
with the work of such Council and may be paid in lieu of subsistence 
per diem not to exceed the dollar amount set forth in 5 U.S.C. 5703: 
Provided further. That, notwithstanding any other provisions of this 
Act, except for the limitation in amount hereinbefore specified, the 
expenses and other obligations of the Board shall be incurred, 
allowed, and paid in accordance with the provisions of the Federal 
Home Loan Bank Act of 1932, as amended (12 U.S.C. 1421-1449). 
UMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL SAVINGS AND 
LOAN INSURANCE CORPORATION 
Not to exceed $1,610,000 shall be available for administrative 
expenses, which shall be on an accrual basis and shall be exclusive 
of interest paid, depreciation, properly capitalized expenditures, 
101 STAT. 1329-211 
PUBLIC LAW 100-202—DEC. 22, 1987 
expenses in connection with liquidation of insured institutions or 
activities relating to section 406(c), 407, or 408 of the National 
Housing Act, liquidation or handling of assets of or derived from 
„j. J. 
insured institutions, payment of insurance, and action for or toward 
the avoidance, termination, or minimizing of losses in the case of 
insured institutions, legal fees and expenses and payments for 
expenses of the Federal Home Loan Bank Board determined by said 
Board to be properly allocable to said Corporation, and said Corpora-
tion may utilize and may make payments for services and facilities 
of the Federal home loan banks, the Federal Reserve banks, the 
Federal Home Loan Bank Board, the Federal Home Loan Mortgage 
Corporation, and other agencies of the Government: Provided, That, 
notwithstanding any other provisions of this Act, except for the 
limitation in amount hereinbefore specified, the administrative ex-
penses and other obligations of said Corporation shall be incurred, 
allowed, and paid in accordance with title IV of the Act of June 27, 
1934, as amended (12 U.S.C. 1724-1730f). 
ADMINISTRATIVE PROVISION 
12 use 1441 
Any cooperative bank established under the law of any State 
°° 
which was directed by the State banking authority of such State to 
obtain Federal deposit insurance between January 1, 1985, and 
January 1, 1987, shall be deemed to be an insured institution 
described in section 21(fK4XF) of the Federal Home Loan Bank Act. 
TITLE IV 
GENERAL PROVISIONS 
SEC. 401. Where appropriations in titles I and II of this Act are 
expendable for travel expenses and no specific limitation has been 
placed thereon, the expenditures for such travel expenses may not 
exceed the amounts set forth therefor in the budget estimates 
submitted for the appropriations: Provided, That this section shall 
not apply to travel performed by uncompensated officials of local 
boards and appeal boards of the Selective Service System; to travel 
performed directly in connection with care and treatment of medical 
beneficiaries of the Veterans Administration; to travel performed in 
connection with major disasters or emergencies declared or deter-
mined by the President under the provisions of the Disaster Relief 
Act of 1974; to site-related travel performed in connection with the 
Comprehensive Environmental Response, Compensation, and Lia-
bility Act of 1980, as amended; to site-related travel under the Solid 
Waste Disposal Act, as amended; or to pa3rments to interagency 
motor pools where separately set forth in the budget schedules: 
Provided further. That if appropriations in titles I and II exceed the 
amounts set forth in budget estimates initially submitted for such 
appropriations, the expenditures for travel may correspondingly 
exceed the amounts therefor set forth in the estimates in the same 
proportion. 
SEC. 402. Appropriations and funds available for the administra-
tive expenses of the Department of Housing and Urban Develop-
ment £ind the Selective Service System shall be available in the 
current fiscal year for purchase of uniforms, or allowances therefor, 
as authorized by law (5 U.S.C. 5901-5902); hire of passenger motor 
vehicles; and services as authorized by 5 U.S.C. 3109. 
.-,.,,,.. ,, 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-212 
SEC. 403. Funds of the Department of Housing and Urban Devel-
opment subject to the Government Corporation Control Act or 
section 402 of the Housing Act of 1950 shall be available, without 
regard to the limitations on administrative expenses, for legal serv-
ices on a contract or fee basis, and for utilizing and making payment 
for services and facilities of Federal National Mortgage Association, 
Government National Mortgage Association, Federal Home Loan 
Mortgage Corporation, Federal Financing Bank, Federal Reserve 
banks or any member thereof. Federal home loan banks, and any 
insured bank within the meaning of the Federal Deposit Insurance 
Corporation Act, as amended (12 U.S.C. 1811-1831). 
SEC. 404. No part o
*
" any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein. 
SEC. 405. No funds appropriated by this Act may be expended— 
(1) pursuant to a certification of an officer or employee of the 
United States unless— 
(A) such certification is accompanied by, or is part of, a 
voucher or abstract which describes the payee or payees 
and the items or services for which such expenditure is 
being made, or 
(B) the expenditure of funds pursuant to such certifi-
cation, and without such a voucher or abstract, is specifi-
cally authorized by law; and 
(2) unless such expenditure is subject to audit by the General 
Accounting Office or is specifically exempt by law from such 
audit. 
SEC. 406. None of the funds provided in this Act to any depart-
ment or agency may be expended for the transportation of any 
officer or employee of such department or agency between his 
domicile and his place of employment, with the exception of the 
Secretary of the Department of Housing and Urban Development, 
who, under title 5, United States Code, section 101, is exempted from 
such limitation. 
SEC. 407. None of the funds provided in this Act may be used for 
payment, through grants or contracts, to recipients that do not 
share in the cost of conducting research resulting from proposals not 
specifically solicited by the Government: Provided, That the extent 
of cost sharing by the recipient shall reflect the mutuality of in-
terest of the grantee or contractor and the Government in the 
research. 
SEC. 408. None of the funds provided in this Act may be used, 
directly or through grants, to pay or to provide reimbursement for 
payment of the salary of a consultant (whether retained by the 
Federal Government or a grantee) at more than the daily equivalent 
of the maximum rate paid for GS-18, unless specifically authorized 
by law. 
SEC. 409. No part of any appropriation contained in this Act for 
personnel compensation and benefits shall be available for other 
object classifications set forth in the budget estimates submitted for 
the appropriations. 
SEC. 410. None of the funds in this Act shall be used to pay the 
expenses of, or otherwise compensate, non-Federal parties interven-
ing in regulatory or adjudicatory proceedings. Nothing herein af-
fects the authority of the Consumer Product Safety Commission 
pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 
2056 et seq.). 
101 STAT. 1329-213 
PUBLIC LAW 100-202—DEC. 22, 1987 
Contracts. 
Public 
information. 
Contracts. 
Reports. 
SEC. 411. Except as otherwise provided under existing law or 
under an existing Executive order issued pursuant to an existing 
law, the obligation or expenditure of any appropriation under this 
Act for contracts for any consulting service shall be limited to 
contracts which are (1) a matter of public record and available for 
public inspection, and (2) thereafter included in a publicly available 
list of all contracts entered into within twenty-four months prior to 
the date on which the list is made available to the public and of all 
contracts on which performance has not been completed by such 
date. The list required by the preceding sentence shall be updated 
quarterly and shall include a narrative description of the work to be 
performed under each such contract. 
SEC. 412. Except as otherwise provided by law, no part of any 
appropriation contained in this Act shall be obligated or expended 
by any executive agency, as referred to in the Office of Federal 
Procurement Policy Act (41 U.S.C. 401 et seq.) for a contract for 
services unless such executive agency (1) has awarded and entered 
into such contract in full compliance with such Act and the regula-
tions promulgated thereunder, and (2) requires any report prepared 
pursuant to such contract, including plans, evaluations, studies, 
analyses and manuals, and any report prepared by the agency which 
is substantially derived from or substantially includes any report 
prepared pursuant to such contract, to contain information concern-
ing (A) the contract pursuant to which the report was prepared, and 
(B) the contractor who prepared the report pursuant to such 
contract. 
SEC. 413. Except as otherwise provided in section 406, 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. 
SEC. 414. None of the funds provided in this Act to any depart-
ment or agency shall be obligated or expended to procure passenger 
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated 
miles per gallon average of less than 22 miles per gallon. 
SEC. 415. None of the funds appropriated by this A ^ or any other 
Act for any fiscal year shall be used for demolishing ^jeorge Loving 
Place, at 3320 Rupert Street, Edgar Ward Place, at 3901 Holystone, 
Elmer Scott Place, at 2600 Morris, in Dallas, Texas, or Allen Park-
way Village, 1600 Allen Parkway, in Houston, Texas. 
This Act may be cited as the "Department of Housing and Urban 
Development—Independent Agencies Appropriations Act, 1988". 
(g) Such amounts as may be necessary for programs, projects or 
activities provided for in the Department of the Interior and Related 
Agencies Appropriations Act, 1988, at a rate of operations and to the 
extent and in the manner provided for, the provisions of such Act to 
be effective as if it had been enacted into law as the regular 
appropriations Act, as follows: 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-214 
AN ACT 
Making appropriations for the Department of the Interior and Related Agencies for 
the fiscal year ending September 30, 1988, and for other purposes. 
TITLE I—DEPARTMENT OF THE INTERIOR 
Department of 
the 
Interior and 
Related 
Agencies 
Appropriations 
Act, 1988. 
BUREAU OF LAND MANAGEMENT 
MANAGEMENT OF LANDS AND RESOURCES 
For expenses necessary for protection, use, improvement, develop-
ment, disposal, cadastral survejring, classification, 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 
f
eneral administration of the Bureau of Land Management, 
498,983,000, of which $75,000,000 for firefighting and repayment to 
other appropriations from which funds were transferred under the 
authority of section 102 of the Department of the Interior and 
Related Agencies Appropriations Act, 1987, as contained in Public 
Law 99-591, shall remain available until expended: Provided, That 
appropriations herein made shall not be available for the destruc-
tion of healthy, unadopted, wild horses and burros in the care of the 
Bureau of Land Management or its contractors. 
CONSTRUCTION AND ACCESS 
For acquisition of lands and interests therein, and construction of 
buildings, recreation facilities, roads, trails, and appurtenant facili-
ties, $3,430,000, to remain available until expended. 
PAYMENTS IN UEU OF TAXES 
For expenses necessary to implement the Act of October 20, 1976 
(31 U.S.C. 6901-07), $105,000,000, of which not to exceed $400,000 
shall be avsiilable for administrative expenses. 
LAND ACQUISITION 
For expenses necessary to carry out the provisions of sections 205, 
206, and 318(d) of Public Law 94-579 including administrative ex-
penses and acquisition of lands or waters, or interest therein, 
$8,885,000, 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 develop-
ment 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; $58,475,000, to remain available until expended: 
Provided, That the amount appropriated herein for road construc-
tion shall be transferred to the Federal Highway Administration, 
Department of Transportation: Provided further. 
That 25 per 
101 STAT. 1329-215 
PUBLIC LAW 100-202—DEC. 22, 1987 
centum 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 to the General Fund in the Treasury 
" 
in accordance with the provisions of the second paragraph of subsec-
tion (b) of title II of the Act of August 28, 1937 (50 Stat. 876). 
^ 
RANGE IMPROVEMENTS 
'^ 
For rehabilitation, protection, and acquisition of lands and in-
terests 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 
per centum 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.), 
but not less than $8,506,000 (43 U.S.C. 1901), and the amount 
designated for range improvements from grazing fees and mineral 
leasing receipts from Bankhead-Jones lands transferred to the 
Department of the Interior pursuant to law, 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 sections 209(b). 304(a), 30403), 305(a), and 504(g) of the 
Act approved October 21, 1976 (43 U.S.C. 1701), and sections 101 and 
203 of Public Law 93-153, to be immediately available until ex-
43 use 1735 
pended: Provided, That notwithstanding any provision to the con-
trary of subsection 305(a) of the Act of October 21, 1976 (43 U.S.C. 
1735(a)), any moneys that have been or will be received pursuant to 
that subsection, whether as a result of forfeiture, compromise, or 
settlement, if not appropriate for refund pursuant to subsection 
305(c) of that Act (43 U.S.C. 1735(c)), shall be available and may be 
expended under the authority of this or subsequent appropriations 
Acts 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 forfeiture, compromise, or 
settlement are used on the exact lands damage to which led to the 
forfeiture, compromise, or settlement: Provided further, That such 
moneys are in excess of amounts needed to repair damage to the 
exact land for which collected. 
MISCELLANEOUS TRUST FUNDS 
In addition to amounts authorized to be expended under existing 
law, there is hereby appropriated such amounts £is may be contrib-
uted 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 omit-
note. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-216 
ted 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 
$25,000 for payments, at the discretion of the Secretary, for informa-
tion or evidence concerning violations of laws administered by the 
Bureau of Land Management; miscellaneous and emergency ex-
penses 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 appropriations herein made for 
Bureau of Land Management expenditures in connection with the 
revested Oregon and California Railroad and reconveyed Coos Bay 
Wagon Road grant lands (other than expenditures made under the 
appropriation "Oregon and California grant lands") shall be re-
imbursed to the General Fund of the Treasury from the 25 per 
centum referred to in subsection (c), title II, of the Act approved 
August 28, 1937 (50 Stat. 876), of the special fund designated the 
"Oregon and California land grant fund" and section 4 of the Act 
approved May 24, 1939 (53 Stat. 754), of the special fund designated 
the "Coos Bay Wagon Road grant fund": Provided further, That 
appropriations herein made may be expended for surveys of Federal 
lands of the United States and on a reimbursable basis for surveys of 
Federal lands of the United States and for protection of lands for the 
State of Alaska: Provided further. That an appeal of any reductions 43 USC 1752 
in grazing allotments on public rangelands must be taken within 
" 
thirty days after receipt of a final grazing allotment decision. Reduc-
tions of up to 10 per centum in grazing allotments shall become 
effective when so designated by the Secretary of the Interior. Upon 
appeal any proposed reduction in excess of 10 per centum shall be 
suspended pending final action on the appeal, which shall be com-
pleted within two years after the appeal is filed: Provided further. 
That appropriations herein made shall be available for paying costs 
incidental to the utilization of services contributed by individuals 
who serve without compensation as volunteers in aid of work of the 
Bureau: Provided further. That section 1(b) of the Act of October 17, 
1984 entitled "An Act to withdraw certain public lands in Lincoln 
County, Nevada" (Public Law 98-485), is amended by striking out 98 Stat. 2261. 
"December 31, 1987" and inserting in lieu thereof "March 31, 1988". 
Notwithstanding any court order now or hereafter in effect, the 
Secretary of the Interior, through the State Director, Utah, Bureau 
of Land Management, is authorized to negotiate with the appro-
priate government officials in the State of Utah and to take any 
action necessary under the Federal Land Policy and Management 
Act £md other applicable laws to consummate an exchange of Fed-
eral lemds and improvements thereon identified as tracts U-a and 
U-b, for State lands of equal value if the Secretary determines that 
such an exchemge is in the public interest. Any exchange involving 
such lands shall include the transfer of the remaining balance of 
funds conveyed to the Bureau of Land Management for the manage-
ment and protection of the tracts U-a and U-b: Provided, That use 
of such funds shall be restricted to management and protection of 
the tracts. 
101 STAT. 1329-217 
PUBLIC LAW 100-202—DEC. 22, 1987 
Notwithstanding any court order now or hereafter in effect, the 
Secretary of the Interior is authorized to revoke the Bureau of 
Reclamation's Dixie project withdrawal, created by Commissioner's 
order of June 11, 1943; Public Land Order No. 1868 of June 3, 1959; 
Public Land Order No. 4036 of June 6, 1966; and Public Land Order 
No. 4061 of July 18, 1966, and to complete any land actions with 
regard to those lands required under the Federal Land Policy and 
Management Act and other applicable laws and that the Secretary 
determines to be in the public interest. 
UNITED STATES FISH AND WILDUFE SERVICE 
RESOURCE M A N A G E M E N T 
For expenses necessary for scientific and economic studies, con-
servation, management, investigations, protection, and utilization of 
sport fishery and wildlife resources, except whales, seals, and sea 
lions, and for the performance of other authorized functions related 
to such resources; for the general administration of the United 
States Fish and Wildlife Service; and for maintenance of the herd of 
long-horned cattle on the Wichita Mountains Wildlife Refuge; and 
not less than $1,000,000 for high priority projects within the scope of 
the approved budget which shall be carried out by Youth Conserva-
tion Corps as if authorized by the Act of August 13, 1970, as 
amended by Public Law 93-408, $342,594,000, of which $4,300,000, to 
carry out the purposes of 16 U.S.C. 1535, shall remain available 
until expended; and of which $6,528,000 shall be 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 (90 
Stat. 2921), to compensate for loss of fishery resources from water 
development projects on the Lower Snake River, and shall remain 
available until expended. 
CONSTRUCTION AND ANADROMOUS FISH 
For construction and acquisition of buildings and other facilities 
required in the conservation, management, investigations, protec-
tion, and utilization of sport fishery and wildlife resources, and the 
acquisition of lands and interests therein; $25,062,000, to remain 
available until expended, of which $2,000,000 shall be available for 
expenses to carry out the Anadromous Fish Conservation Act (16 
U.S.C. 757a-757g): Provided, That notwithstanding any other provi-
sion of law, a procurement for the Northeast Anadromous Fish 
Laboratory shall be issued which includes the full scope of the 
previously issued procurement for the facility: Provided 
further, 
That the solicitation and contract shall contain the clause "avail-
ability of funds" found at 48 CFR 52.232-18. 
MIGRATORY BIRD CONSERVATION ACCOUNT 
For an advance to the migratory bird conservation account, as 
authorized by the Act of October 4, 1971, as amended (16 U.S.C 
715k-3, 5), $1,000,000, to remain available until expended. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-218 
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. 
4601-4-11), 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, 
$51,754,000, to be derived from the Land and Water Conservation 
Fund, to remain available until expended. 
NATIONAL WILDUFE REFUGE FUND 
For expenses necessary to implement the Act of October 17, 1978 
(16 U.S.C. 715s), $5,645,000. 
ADMINISTRATIVE PROVISIONS 
Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 145 
passenger motor vehicles, of which 144 are for replacement only 
(including 41 for police-type use); not to exceed $400,000 for pay-
ment, at the discretion of the Secretary, for information, rewards, or 
evidence concerning violations of laws administered by the United 
States Fish and Wildlife Service, and miscellaneous and emergency 
expenses of enforcement activities, authorized or approved by the 
Secretary and to be accounted for solely on his certificate; repair of 
damage to public roads within and adjacent to reservation areas 
caused by operations of the United States Fish and Wildlife 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 mainte-
nance and improvement of aquaria, buildings, and other facilities 
under the jurisdiction of the United States Fish and Wildlife Service 
and to which the United States has title, and which are utilized 
pursuant to law in connection with management and investigation 
of fish and wildlife resources: Provided, That the United States Fish 
and Wildlife Service may accept donated aircraft as replacements 
for existing aircraft. 
NATIONAL PARK SERVICE 
OPERATION OF THE NATIONAL PARK SYSTEM 
For expenses necessary for the management, operation, and 
maintensuice of areas and facilities administered by the National 
Park Service (including special road maintenance service to truck-
ing permittees on a reimbursable basis), and for the general 
administration of the National Park Service, including not to exceed 
$424,000 for the Roosevelt Campobello International Park Commis-
sion and not less than $1,000,000 for high priority projects within 
the scope of the approved budget which shall be carried out Iw 
Youth Conservation Corps as if authorized by the Act of August 13, 
1970, as amended by Public Law 93-408, $730,799,000, without 
regard to the Act of August 24, 1912, as amended (16 U.S.C. 451), of 
wMch $2,000,000 to remain available until expended shall be made 
available to the Martin Luther King, Jr. Center for the Study of 
Nonviolent Social Change for rehabilitation of the birth home of 
Martin Luther King, Jr. and for purchase of the vacant lot on the 
101 STAT. 1329-219 
PUBLIC LAW 100-202—DEC. 22, 1987 
north side of Irwin Street between Jackson and Boulevard for a 
16 use 20b note, landscaped parking lot: Provided, That the National Park Service 
shall not enter into future concessionaire contracts, including 
renewals, that do not include a termination for cause clause that 
provides for possible extinguishment of possessory interests exclud-
ing depreciated book value of concessionaire investments without 
compensation: Provided further. That none of these funds may be 
used to compensate a quantity of staff greater than existed as of 
May 1,1986, in the Office of Legislative and Congressional Affairs of 
the National Park Service or to compensate individual staff mem-
bers assigned subsequent to May 1, 1986, at grade levels greater 
than the staff replaced: Provided further. That to advance the 
mission of the National Park Service for a period of time not to 
extend beyond fiscal year 1988, the Secretary of the Interior is 
authorized to charge park entrance fees for all units of the National 
Park System, except as provided herein, of an amount not to exceed 
$3 for a single visit permit as defined in 36 CFR 71.7(bX2) and of an 
amount not to exceed $5 for a single visit permit as defined in 36 
CFR 71.7(bXl): Provided further. That the cost of a Golden Eagle 
Passport as defined in 36 CFR 71.5 is increased to a reasonable fee 
but not to exceed $25 until September 30, 1988: Provided further. 
That for units of the National Park System where entrance fees are 
charged the Secretary shedl establish an annual admission permit 
for each individual park unit for a reasonable fee but not to exceed 
$15, and that purchase of such annual admission permit for a unit of 
the National Park System shall relieve the requirement for pay-
ment of single visit permits as defined in 36 CFR 71.7(b): Provided 
further. That all funds derived from National Park Service recre-
ation fees during fiscal year 1988, and £dl funds collected by the 
National Park Service during fiscal year 1988 under subsections (a), 
Ot)), and (c) of section 4 of the Land and Water Conservation Fund 
Act of 1965, as amended, shall be transferred to the General Fund of 
the Treasury of the United States: Provided further. That notwith-
standing any other provision of this Act, no admission fee may be 
charged at any unit of the Nationsil Park System which provides 
significant outdoor recreation opportunities in an urban environ-
ment and to which access is publicly available at multiple locations, 
nor shall an admission fee be charged at any unit of the National 
Park System which has a current, specific statutory exemption: 
Provided further. That where entrance fees are established on a per 
person basis, children 16 and under shall be exempt from the fees: 
Provided further. That if permanent statutory language is enacted 
during fiscal year 1988 establishing entrance fees for the National 
Park System either prior to or subsequent to enactment of this Act, 
such permanent authorizing language shall supersede the provisions 
on recreation fees contained in this Act: Provided further, That of 
the amounts appropriated under this head, $15,000,000 shall be 
distributed to units of the National Park System, to be available for 
resource protection, research, interpretation, and maintenance 
activities related to resource protection, to be distributed in the 
following manner: 50 percent shall be allocated to each unit of the 
System based on each unit's proportion of the total budgeted in the 
prior fiscal year for park operating expenses, and 50 percent shall be 
allocated to units collecting user fees or entrance fees based on each 
unit's proportion of the total entrance and user fee revenues col-
lected during the prior fiscal year: Provided further. That when 
authorized by the head of the collecting agency, volunteers may sell 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-220 
permits and collect fees authorized or established pursuant to sec-
tion 4 of the Land and Water Conservation Fund Act of 1965, and 
funds appropriated or otherwise available to the collecting agency 
shall be available to cover the cost of any surety bond as may be 
required of any such volunteer in performing such authorized serv-
ices under that section: Provided further. That notwithstanding any 
other provision of law. Public Law 96-565 is amended by adding the 16 USC 4l0jj-3. 
following at the end of section 104(a): "The Secretary may lease from 
the Department of Hawaiian Home Lands said trust lands until 
such time as said lands may be acquired by exchange as set forth 
herein or otherwise acquired. The Secretary may enter into such a 
lease without regard to fiscal year limitations.': Provided further. 
That none of the funds appropriated to the National Park Service 
shall be used to remove, obstruct, dewater, fill or otherwise damage 
the Brooks River fish ladder in the Katmai National Park, Alaska: 
Provided further. That $85,000 shall be available to assist the town 
of Harpers Ferry, West Virginia, for police force use: Provided 
further. That funds appropriated to the National Park Service may 
be used for the purchase or hire of personnel services without regard 
to personnel laws as contained in title V of the United States Code, 
only to provide for the orderly transition from regional finance 
offices to a central finance office. 
NATIONAL RECREATION AND PRESERVATION 
For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, environmental compliance 
and 
review, and grant administration, not otherwise provided for, 
$12,935,000. 
HISTORIC PRESERVATION FUND 
For expenses necessary in carrying out the provisions of the 
Historic Preservation Act of 1966 (80 Stat. 915), as amended (16 
U.S.C. 470), $28,250,000 to be derived from the Historic Preservation 
Fund, established by section 108 of that Act, as amended, to remain 
available for obligation until September 30,1989: Provided, That the 
Trust Territory of the Pacific Islands is a State eligible for Historic 
Preservation Fund matching grant assistance as authorized under 
16 U.S.C. 470w(2): Provided further. That pursuant to section 105(1) 
of the (Dompact of Free Association, Public Law 99-239, the Fed-
erated States of Micronesia and the Republic of the Marshall Islands 
shall also be considered States for purposes of this appropriation: 
Provided further. That $1,000,000 of the amount appropriated herein 
shall remain available until expended to establish a Bicentennial 
Lighthouse Fund, to be distributed on a matching grant basis after 
consultation among the National Park Service, the National Trust 
for Historic Preservation, State Historic Preservation Officers from 
States with resources eligible for financial assistance, and the light-
house community. Consultation shall include such matters as a Grants. 
distribution formula, timing of grant awards, a redistribution proce-
dure for grants remaining unobligated longer than two years after 
the award date, and related implementation policies. The distribu-
tion formula for fiscal year 1988 shall include consideration of such 
factors as— 
(A) the number of lighthouses on or determined to be eligible 
for listing on the National Register of Historic Places by March 
30, 1988; 
101 STAT. 1329-221 
PUBLIC LAW 100-202—DEC. 22, 1987 
(B) the number of river lights and number of historic river 
sites on or determined to be eligible for listing on the National 
Register by March 30, 1988; and 
(C) the availability of matching contributions in the State: 
Provided further. That the Secretary shall allocate appropriate 
funds from the Bicentennial Lighthouse Fund to be transferred, 
without the matching requirement, for use by Federal agencies, 
in cooperative agreements with the National Park Service and 
the State Office of Historic Preservation in which the property 
is located, for properties otherwise eligible for the National 
Register but owned by the Federal Government. 
URBAN PARK AND RECREATION FUND 
(RESCISSION) 
Of the amounts previously appropriated under this head and 
unobligated, $1,900,000 is hereby rescinded. 
CONSTRUCTION 
For construction, improvements, repair or replacement of physical 
facilities, without regard to the Act of August 24, 1912, as amended 
(16 U.S.C. 451), $93,017,000, to remain available until expended, of 
which $4,700,000 shall be derived by transfer from the National 
Park System Visitor Facilities Fund, including $1,500,000 to carry 
out the provisions of sections 302, 303, and 304 of Public Law 95-290 
and not to exceed $300,000 for assistance to Mariposa County, 
California for a solid waste disposal facility: Provided, That the 
National Park Service may not pay a fee for use of the facility at 
rates higher than for other users of the facility: Provided further. 
That for payment of obligations incurred for continued construction 
of the Cumberland Gap Tunnel, as authorized by section 160 of 
Public Law 93-87, $31,000,000 to be derived from the Highway Trust 
Fund and to remain available until expended to liquidate contract 
authority provided under section 104(a)(8) of Public Law 95-599, as 
amended, such contract authority to remain available until 
expended. 
LAND AND WATER CONSER^ ATION FUND 
(RESCISSION) 
16 use 460Z-I0a 
The Contract authority provided for fiscal year 1988 by 16 U.S.C. 
note. 
4601-lOa is rescinded. 
LAND ACQUISITION AND STATE ASSISTANCE 
For expenses necessary to carry out the provisions of the Land 
and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 
4601-4-11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the National Park Service, $60,749,000 to be 
derived from the Land and Water Conservation Fund, to remain 
available until expended, including $3,433,000 to administer the 
State Assistance program and $300,000 for acquisition of the Zane 
Grey House and personal effects at the Upper Delaware Scenic and 
Recreation River: Provided, That of the amounts previously appro-
priated to the Secretary's contingency fund for grants to States, 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-222 
$27,000 shall be available in 1988 for administrative expenses of the 
State grant program: Provided further. That notwithstanding any 
other provisions of the Land and Water Conservation Fund Act of 
1965, Public Law 88-578, as amended, or other law, Land and Water 
Conservation Fund assisted land in Pine Bluff, Arkansas, assisted 
under project No. 05-00128 and No. 05-00196, may be exchanged for 
existing public lands if Land and Water Conservation Fund conver-
sion criteria regarding equal fair market value and reasonably 
equivalent use and location are met: Provided further. That any 1
6 use 4i0dd 
Federally-owned land in War in the Pacific National Historical Park ^°^-
that hereafter becomes excess to the needs of the administering 
agency shall be transferred to the jurisdiction of the National Park 
Service, without reimbursement, for purposes of the park. 
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS 
For expenses necessary for operating and maintaining the 
nonperforming arts functions of the John F. Kennedy Center for the 
Performing Arts, $4,904,000: Provided, That contracts awarded for 
environmental systems, housekeeping, protection systems, and 
repair or renovation of buildings of the John F. Kennedy Center for 
the Performing Arts may be negotiated with selected contractors 
and awarded on the basis of contractor qualifications as well as 
price. 
ILUNOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR 
COMMISSION 
For operation of the Illinois and Michigan Canal National Herit-
age Corridor Commission, $250,000. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the National Park Service shall be available 
for the purchase of not to exceed 370 passenger motor vehicles, of 
which 320 shall be for replacement only, including not to exceed 300 
for police-type use and 25 buses; to provide, notwithstanding any 
other provision of law, at a cost not exceeding $100,000, transpor-
tation for children in nearby communities to and from any unit of 
the National Park System used in connection with organized recre-
ation and interpretive programs of the National Park Service; op-
tions for the purchase of land at not to exceed $1 for each option; 
and for the procurement and delivery of medical services within the 
jurisdiction of units of the National Park System: Provided, That no 
funds available to the National Park Service may be used, 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 99-714, to 
maintain law and order in emergency and other unforeseen law 
enforcement situations and conduct emergency search and rescue 
operations in the National Park System: Provided further. 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 add 
industrial facilities to the list of National Historic Landmarks with-
out the consent of the owner: Provided further. That the National 
Park Service may use helicopters and motorized equipment at Death 
101 STAT. 1329-223 
PUBLIC LAW 100-202—DEC. 22, 1987 
Valley National Monument for removal of feral burros and horses: 
Provided further. That notwithstanding any other provision of law, 
the National Park Service may recover unbudgeted costs of provid-
ing necessary services associated with special use permits, such 
reimbursements to be credited to the appropriation current at that 
Reports. 
time: 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 includ-
ing 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 Representa-
tives 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 or any other Act may be used to 
commence, conduct, or participate in any action in any court of law 
for condemnation of the property or to initiate a declaration of 
taking for any property in the Santa Monica Mountains NRA, 
California against the owner of any inholding having a detached 
single-family dwelling the construction of which had been begun 
before January 1, 1978, or against the owner or his assignees of any 
inholding of a detached single-family dwelling the construction of 
which had been begun before January 1, 1978, which dwelling may 
have been destroyed by fire, storm or otherwise. 
No funds shall be available for the National Park Service to issue 
any construction permit for the Potomac Greens interchange on the 
George Washington Memorial Parkway unless an Environmental 
Impact Statement is conducted. The Environmental Impact State-
ment shall be commenced promptly and completed and filed within 
eighteen (18) months of the date on which this bill is enacted. After 
completion and filing, the EIS shall be transmitted to the appro-
priate Congressional Committees for a period of 60 days, during 
which time the National Park Service shall not issue any construc-
tion permit for the Potomac Greens interchange on the George 
Washington Memorial Parkway. 
The Environmental Impact Statement shall review the traffic 
impact 
of only the proposed 
38-acre development 
opposite 
Daingerfield Island west of the George Washington Memorial Park-
way: Provided further. That the National Park Service shall review 
the impact of the planned development on tlie visual, recreational 
and historical integrity of the Parkway. 
The Environmental Impact Statement shall also provide an 
evaluation of alternative acquisition strategies to include but not be 
limited to appraisal estimates for the access rights, the entire 
38-acre parcel, that portion of the 38-acre parcel as defined approxi-
mately by the historic district boundary line, and any other 
recommendations by the National Park Service to mitigate the 
Parkway degradation effects of the proposed development so as to 
adequately protect and preserve the Parkway. Such appraisals shall 
be prepared and filed as soon as is reasonably possible. The National 
Park Service solely shall determine the legal and factual sufficiency 
of the Environmental Impact Statement and its compliance with the 
National Environmental Policy Act of 1969. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-224 
The Environmental Impact Statement shall be separate from, 
independent of, and in no way intended to affect or modify any 
pending litigation. Notwithstanding any other provision of law, no 
court shall have jurisdiction to consider questions respecting the 
factual and legal sufficiency of the Environmental Impact State-
ment under the National Environmental Policy Act of 1969. 
GEOLOGICAL SURVEY 
SURVEYS, INVESTIGATIONS, AND RESEARCH 
For expenses necessary for the Geological Survey to perform 
surveys, investigations, and research covering topography, geology, 
hydrology, and the minered and water resources of the United 
States, its Territories and possessions, and other areas sis authorized 
by law (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; 
$447,747,000: Provided, That $60,664,000 shall be available only for 
cooperation with States or municipalities for water resources inves-
tigations: Provided further. That no part of this appropriation shall 43 USC 50. 
be used to pay more than one-half the cost of any topographic 
mapping or water resources investigations carried on in cooperation 
with any State or municipality. 
ADMINISTRATIVE PROVISIONS 
The amount appropriated for the Geological Survey shall be 
available for purchase of not to exceed 25 passenger motor vehicles, 
for replacement only; reimbursement to the General Services 
Administration for security guard services; contracting for the fur-
nishing 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; ac-
quisition of lands for gauging stations and observation wells; ex-
penses of the United States Nationsd Committee on Geology; and 
pa3mient of compensation and expenses of persons on the rolls of the 
Geological Survey appointed, as authorized by law, to represent the 
United States in the negotiation and administration of interstate 
compacts: Provided, That appropriations herein and hereafter made 43 USC 50c. 
shall be available for pajring costs incidental to the utilization of 
services contributed by individuals who serve without compensation 
as volunteers in aid of work of the Geological Survey, and that 
within appropriations herein and hereafter provided, Geological 
Survey officials may authorize either direct procurement of or 
reimbursement for expenses incidental to the effective use of volun-
teers such as, but not limited to, training, transportation, lodging, 
subsistence, equipment, and supplies: Provided further. That provi-
sion for such expenses or services is in accord with volunteer or 
cooperative agreements made with such individuals, private 
organizations, educationsd institutions, or State or local govern-
ment: Provided further. That activities funded by appropriations Contracts. 
herein made may be accomplished through the use of contracts, Grants. 
grants, or cooperative agreements as defined in Public Law 95-224. 
101 STAT. 1329-225 
PUBLIC LAW 100-202—DEC. 22, 1987 
MINERALS MANAGEMENT SERVICE 
LEASING AND ROYALTY 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; $168,717,000, of which not less than 
$50,179,000 shall be available for royalty management activities 
including general administration: Provided, That notwithstanding 
any other provision of law, 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 of the above enacted 
amounts, $250,000 proposed for data gathering to help determine 
the boundary between State and Federal lands offshore of Alaska 
shall be available only if an equal amount is provided by the State of 
Alaska from State revenues to match the Federal support for this 
project: Provided further. That none of the funds in this Act may be 
used to implement a rule which modifies NTL-5 until such time as 
H.R. 3479, or similar legislation, is enacted into law: Provided 
Contracts. 
further. That audits may proceed but the Minerals Management 
Service shall take no action to collect unpaid or underpaid royalties 
on natural gas production from Federal onshore or Indian leases 
between January 1, 1982, and July 31, 1986, plus applicable interest, 
based on a value of production in excess of the lessee's gross 
proceeds (or minimum value required by the applicable lease terms 
and regulations in titles 25 and 30 of the CFR) until such time as 
legislation affecting NTL-5 for that period is enacted. 
Subsection (g)(5)(A) of section 8 of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1337(g)(5)(A)) is amended— 
(1) by striking out "such account" in the second sentence and 
inserting in lieu thereof "an escrow account established pursu-
ant to an agreement under section 7"; 
(2) by designating the indented clause as clause (ii); 
(3) in the first sentence of the clause (ii) by striking "any" and 
inserting in lieu thereof "a", by striking out "all" and by 
inserting in lieu thereof "any additional", and by inserting "or 
credited to" before "the escrow account"; and 
(4) by inserting before clause (ii) the following new clause: 
"(i) Twenty-seven percent of all bonuses, rents, and royalties, 
and other revenues (derived from any bidding system au-
thorized under subsection (a)(1)), excluding Federal income and 
windfall profits taxes, and derived from any lease issued after 
September 18, 1978, of any tract which lies wholly within three 
nautical miles of the seaward boundary £isserted by the Federal 
Government in the boundary dispute, together with all accrued 
interest thereon, shall be paid to the State either— 
"(I) within thirty days of December 1,1987, or 
"(II) by the last business day of the month following the 
month in which those revenues are deposited in the Treas-
ury, whichever date is later.". 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-226 
BUREAU OF MINES 
MINES AND MINERALS 
For expenses necessary for conducting inquiries, technological 
investigations, and research concerning the extraction, processing, 
use, and disposal of mineral substances without objectionable social 
and environmental costs; to foster and encourage private enterprise 
in the development of mineral resources and the prevention of waste 
in the mining, minerals, metal, and mineral reclamation industries; 
to inquire into the economic conditions affecting those industries; to 
promote health and safety in mines and the mineral industry 
through research; and for other related purposes as authorized by 
law, $146,398,000, of which $88,259,000 shall remain available until 
expended: Provided, That not more than $1,890,000 of the amount 
appropriated may be used for executive direction: Provided further. 
That none of the funds in this or any other Act may be used for the 
closure or consolidation of any research centers or the sale of any of 
the helium facilities currently in operation: Provided further. That 
of the sums provided under this head, $1,200,000 shall be available 
to the Mississippi Mineral Resources Institute of the University of 
Mississippi and the Center of Ocean Resources Technology of the 
University of Hawaii for a Marine Minerals Technology Center, 
equally divided: Provided further. That notwithstanding any other 
provision of law, the Bureau of Mines is authorized, in consultation 
with the General Services Administration, to immediately enter 
into a two year lease purchase agreement for the Bureau of Mines 
research center located in Spokane, Washington. 
ADMINISTRATIVE PROVISIONS 
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: Provided, That the Bureau of Mines is authorized, 
during the current fiscal year, to sell directly or through any 
Government agency, including corporations, any metal or mineral 
product that may be manufactured in pilot plants operated by the 
Bureau of Mines, and the proceeds of such sales shall be covered into 
the Treasury as miscellaneous receipts. 
OFFICE OF SURFACE MINING RECLAMATION AND 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, 
including the purchase of not to exceed 14 passenger motor vehicles, 
of which 9 shall be for replacement only; and uniform allowances of 
not to exceed $400 for each uniformed employee of the Office of 
Surface Mining Reclamation and Enforcement; $102,125,000, and 
notwithstanding 31 U.S.C. 3302, an additional amount, to remain 
available until expended, equal to receipts to the General Fund of 
the Treasury from performance bond forfeitures in fiscal year 1988: 
Provided, That notwithstanding any other provision of law, the 
Grants. 
Secretary of the Interior, pursuant to regulations, may utilize di-
rectly or through grants to States in fiscal year 1988, moneys 
collected pursuant tp the assessment of civil penalties under section 
101 STAT. 1329-227 
PUBLIC LAW 100-202—DEC. 22, 1987 
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: Provided further. That the Secretary 
of the Interior shall abide by and adhere to the terms of the 
Settlement Agreement in NWR v. Miller, C.A. No. 86-99 (E.D. Ky), 
and not take any actions inconsistent with the provisions of footnote 
3 of the Agreement with respect to any State or Federal program. 
ABANDONED MINE RECLAMATION FUND 
Contracts. 
For necessary expenses to carry out the provisions of title IV of 
the Surface Mining Control and Reclamation Act of 1977, Public 
Law 95-87, including the purchase of not more than 21 passenger 
motor vehicles, of which 15 shall be for replacement only, 
$199,380,000, to be derived from receipts of the Abandoned Mine 
Reclamation Fund and to remain available until expended: Pro-
vided, That pursuant to Public Law 97-365, the Department of the 
Interior is authorized to utilize up to 20 per centum from the 
recovery of the delinquent debt owed to the United States Govern-
ment to pay for contracts to collect these debts: Provided further. 
That of the funds made available to the States to contract for 
reclamation projects authorized in section 406(a) of Public Law 95-
87, administrative expenses may not exceed 15 per centum: Provided 
further, That none of these funds shall be used for a reclamation 
grant to any State if the State has not agreed to participate in a 
nationwide data system established by the Office of Surface Mining 
Reclamation and Enforcement through which all permit applica-
tions are reviewed and approvals withheld if the applicants (or those 
who control the applicants) appl3dng for or receiving such permits 
have outstanding State or Federal air or water quality violations in 
accordance with section 510(c) of the Act of August 3,1977 (30 U.S.C. 
1260(c)), or failure to abate cessation orders, outstanding civil pen-
alties associated with such failure to abate cessation orders, or 
uncontested past due Abandoned Mine Land fees: Provided further, 
That the Secretary of the Interior may deny 50 percent of an 
Abandoned Mine Reclamation fund grant, available to a State 
pursuant to title IV of Public Law 95-87, in accordance with the 
procedures set forth in section 521(b) of the Act, when the Secretary 
determines that a State is systematically failing to administer ade-
quately the enforcement provisions of the approved State regulatory 
program. Funds will be denied until such time as the State and 
Office of Surface Mining Reclamation and Enforcement have agreed 
upon an explicit plsm of action for correcting the enforcement 
deficiency. A State may enter into such agreement without admis-
sion of culpability. If a State enters into such agreement, the 
Secretary shall take no action pursuant to section 521(b) of the Act 
as long as the State is compl3dng with the terms of the agreement: 
Provided further. That expenditure of moneys as authorized in 
section 402(gX3) of Public Law 95-87 shall be on a priority basis with 
the first priority being protection of public health, safety, general 
welfare, and property from extreme danger of adverse effects of coal 
mining practices, as stated in section 403 of Public Law 95-87: 
Provided further. That 23 full time equivalent positions are to be 
maintained in the Anthracite Reclamation Program at the Wilkes-
Barre Field Office. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-228 
BUREAU OF INDIAN AFFAIRS 
OPERATION OF INDIAN PROGRAMS 
For operation of Indian programs by direct expenditure, contracts, 
cooperative agreements, and grants including expenses necessary to 
provide education and welfare services for Indians, either directly or 
in cooperation with States and other organizations, including pay-
ment of care, tuition, assistance, and other expenses of Indians in 
boarding homes, institutions, or schools; grants and other Eissistance 
to needy Indians; msdntenance of law and order; management, 
development, improvement, and protection of resources and appur-
tenant facilities under the jurisdiction of the Bureau of Indian 
Affairs, including payment of irrigation assessments and charges; 
acquisition of water rights; advances for Indian industrial and busi-
ness enterprises; operation of Indian arts and crafts shops and 
museums; development of Indian arts and crafts, as authorized by 
law; for the general administration of the Bureau of Indian Affairs, 
including such expenses in field offices, $970,756,000, of which not 
less than $47,787,000 shall remain available until expended for 
contract support for contracts entered into under Public Law 93-
638; and of which not to exceed $51,121,000 for higher education 
scholarships and assistance to public schools under the Act of April 
16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), and 
$25,000,000 for firefighting shall remain available for obligation 
until September 30,1989, and the funds made available to tribes and 
tribal organizations through contracts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (88 Stat. 2203; 
25 U.S.C. 450 et seq.) shall remain available until September 30, 
1989: Provided, That this carryover authority does not extend to 
programs directly operated by the Bureau of Indian Affairs unless 
the tribe(s) and the Bureau of Indian Affairs enter into a cooperative 
agreement for consolidated services; and for expenses necessary to 
carry out the provisions of section 19(a) of Public Law 93-531 (25 
U.S.C. 640d-18(a)), $1,971,000, to remain available until expended: 
Provided further. That none of the funds appropriated to the Bureau 
of Indian Affairs shall be expended as matching funds for programs 
funded under section 103(bX2) of the Carl D. Perkins Vocational 
Education Act: Provided further. That the amounts available for 
25 USC 452 note. 
assistance to public schools under the Act of April 16, 1934 (48 Stat. 
596), as amended (25 U.S.C. 452 et seq.), shall be distributed on the 
same basis as such funds were distributed in fiscal year 1986: 
Provided further. That notwithstanding any provision of the Amer- 
20 use 4411 
ican Indian, Alaska Native, and Native Hawaiian Culture and Art 
^°^-
Development Act, the amounts appropriated for fiscal year 1988 for 
the Bureau of Indian Affairs for the Institute of American Indian 
Arts shall be available to operate the Institute until the Board of 
Regents and President of the Institute have been named and had an 
opportunity to organize, and for use under part A of that Act: 
Provided further. That the savings realized by the Bureau of Indian 
Affairs from the transfer of fish hatcheries to the United States Fish 
and Wildlife Service shall be available for cyclical maintenance of 
tribally-owned fish hatcheries and related facilities: Provided fur-
ther. That no part of any appropriations to the Bureau of Indian 
Affairs shall be available to provide general assistance payments for 
Alaska Natives in the State of Alaska unless and until otherwise 
specifically provided for by Congress: Provided further. That none of 
101 STAT. 1329-229 
PUBLIC LAW 100-202—DEC. 22, 1987 
the funds contained in this Act shall be available for any payment to 
any school to which such school would otherwise be entitled pursu-
ant to section 1128(b) of Public Law 95-561, as amended, until after 
July 1, 1988: Provided further. That the Secretary shall take no 
action to close the school or dispose of the property of the Phoenix 
Indian School until the Congress has specifically approved the 
school closure or provided for disposition of the property in legisla-
tion: Provided further. That none of the funds in this Act shall be 
used by the Bureau of Indian Affairs to transfer funds under a 
contract with any third party for the management of tribal or 
individual Indian trust funds until the funds held in trust for such 
tribe or individual have been audited and reconciled, and the tribe 
or individual has been provided with an accounting of such funds, 
and the appropriate Committees of the Congress and the tribes have 
been consulted with as to the terms of the proposed contract or 
agreement: Provided further. That none of the funds in this Act 
shall be used to implement any regulations, or amendments to or 
revisions of regulations, relating to the Bureau of Indian Affairs' 
higher education grant program that were not in effect on March 1, 
1987: Provided further. That none of the funds in this Act shall be 
used to implement proposed initiatives to transfer any school oper-
ated by the Bureau to the control of any tribe, State, or local 
government agency (except that this prohibition shall not apply 
with respect to the transfer of a Bureau-operated school to the 
control of an Indian tribe under a contract entered into under the 
Indian Self-Determination and Education Assistance Act if the 
governing body of the Indian tribe approves of the transfer); to 
charge tuition at Bureau post-secondary schools; to implement the 
proposed economic self-assistance initiative (except for a limited 
demonstration program); to change the method of funding tribal 
contractor indirect costs, including imposition of a flat rate for 
contract support costs; to make available to the Bureau administra-
tive deductions collected from Indian timber sales; to contract out 
the administration of the Bureau forestry program or any other 
Bureau-operated programs without prior approval of the Commit-
tees on Appropriations; or to implement any reorganizations, includ-
ing "regionalization" of programs, without the prior approval of the 
Committees on Appropriations: Provided further. That Public Law 
100 Stat. 732. 
99-349 is amended by deleting under the heading "Bureau of Indian 
Affairs, Operation of Indian Programs" the second, third, and fourth 
provisos and substituting: "Provided further. That the funds appro-
priated hereunder shall be used pursuant to the consent decree and 
subsequent court orders in United States v. Michigan (M-26-73).": 
Provided further, That $120,000 of the amounts provided for edu-
cation program management shall be available for a grant to the 
Close Up Foundation. 
CONSTRUCTION 
For construction, major repair, and improvement of irrigation and 
power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands and interests in lands; preparation of lands for farming; and 
construction, 
repair, 
and 
improvement 
of 
Indian 
housing, 
$83,225,000, to remain available until expended: Provided, That of 
this amount, up to $6,400,000 shall be made available for planning, 
design and construction of the Choctaw Central School in Mis-
sissippi: Provided further. That the portion of the $6,400,000 related 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-230 
to construction shall not be released until (1) an application for the 
new school has been submitted to the Bureau of Indian Affairs and 
the Office of Construction Management; (2) the application has been 
reviewed and ranked on the school construction priority system; and 
(3) the planning and design for the new school has been completed: 
Provided further. That $1,482,000 of the funds appropriated for use 
by the Secretary to construct homes and related facilities for the 
Navajo and Hopi Indian Relocation Commission in lieu of construc-
tion by the Commission under section 15(dX3) of the Act of Decem-
ber 22, 1974 (88 Stat. 1719; 25 U.S.C. 640d-14(dX3)), may be used for 
counseling, archeological clearances, water production and adminis-
tration related to the relocation of Navajo families: Provided fur-
ther. That $1,500,000 of the funds made available in this Act shall be 
available for rehabilitation of tribally-owned fish hatcheries and 
related facilities: Provided further. 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 
further. That none of the funds available in this Act may be used to 
implement any regulations, or amendments to or revisions of regula-
tions, relating to the Bureau of Indian Affairs' housing improve-
ment program that were not in effect on October 1,1986. 
ROAD CONSTRUCTION 
For construction of roads and bridges pursuant to authority con-
tained in 23 U.S.C. 203, the Act of November 2,1921 (42 Stat. 208; 25 
U.S.C. 13), and the Act of May 26,1928 (45 Stat. 750; 25 U.S.C. 318a), 
$1,000,000 for the Honobia Indian Road in Oklahoma, to remain 
available until expended: Provided, That not to exceed 5 per centum 
of contract authority available to the Bureau of Indian Affairs from 
the Federal Highway Trust Fund may be used to cover roads 
program management costs and construction supervision costs of 
the Bureau of Indian Affairs. 
MISCELLANEOUS PAYMENTS TO INDIANS 
For miscellaneous pa3mients to Indian tribes and individuals 
pursuant to Public Laws 98-500, 99-264, and 99-503, including funds 
for necessary administrative expenses, $13,340,000, to remain avail-
able until expended: Provided, That not to exceed $10,700,000 is 
made available to the Tohono O'Odham Nation for purposes au-
thorized in the Gila Bend Indian Reservation Lands Replacement 
Act, Public Law 99-503. 
MISCELLANEOUS TRUST FUNDS 
TRIBAL TRUST FUNDS 
In addition to the tribal funds authorized to be expended by 
25 use I23d. 
existing law, there is appropriated in fiscal year 1988 and thereafter 
to the Secretary of the Interior for the benefit of the tribes on whose 
behalf such funds were collected, not to exceed $1,000,000 in each 
fiscal year from tribal funds not otherwise available for expenditure. 
REVOLVING FUND FOR LOANS 
During fiscal year 1988, and within the resources and authority 
available, gross obligations for the principal amount of direct loans 
101 STAT. 1329-231 
PUBLIC LAW 100-202—DEC. 22, 1987 
pursuant to the Indian Financing Act of 1974, as amended (88 Stat. 
77; 25 U.S.C. 1451 et seq.), shall not exceed resources and authority 
available. 
INDIAN LOAN GUARANTY AND INSURANCE FUND 
For payment of interest subsidies on new and outstanding guaran-
teed loans and for necessary expenses of management and technical 
assistance in carrying out the provisions of the Indian Financing Act 
of 1974, as amended (88 Stat. 77; 25 U.S.C. 1451 et seq.), $3,085,000, to 
remain available until expended: Provided, That during fiscal year 
1988, total commitments to guarantee loans pursuant to the Indian 
Financing Act of 1974, as amended, may be made only to the extent 
that the total loan principal, any part of which is to be guaranteed, 
shall not exceed resources and authority available. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans and the Indian loan guarantee and insur-
ance fund) shall be available for expenses of exhibits, and purchase 
of not to exceed 150 passenger carrying motor vehicles, of which 100 
shall be for replacement only. 
TERRITORIAL AND INTERNATIONAL AFFAIRS 
48 u s e 1401f, 
1423/, 1665. 
48 u s e 1469b. 
ADMINISTRATION OF TERRITORIES 
For expenses necessary for the administration of territories under 
the jurisdiction of the Department of the Interior, $78,235,000 of 
which (1) $75,287,000 shall be available until expended for technical 
assistance; late charges and payments of the annual interest rate 
differential required by the Federal Financing Bank, under terms of 
the second refinancing of an existing loan to the Guam Power 
Authority, as authorized by law (Public Law 98-454; 98 Stat. 1732); 
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 reve-
nues, for support of governmental functions; construction grants to 
the Government of the Virgin Islands as authorized by Public Law 
97-357 (96 Stat. 1709); construction grants to the Government of 
Guam, as authorized by law (Public Law 98-454; 98 Stat. 1732); 
grants to the Government of the Northern Mariana Islands as 
authorized by law (Public Law 94-241; 90 Stat. 272); and (2) 
$2,948,000 for salaries and expenses of the Office of Territorial and 
International Affairs: Provided, That the territorial and local 
governments herein provided for are authorized to make purchases 
through the General Services Administration: Provided 
further. 
That all financial transactions of the territorial and local govern-
ments herein provided for, including such transactions of all agen-
cies or instrumentalities established or utilized by such govern-
ments, shedl be audited by the General Accounting Office, in accord-
ance 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 Assist-
ance for the Northern Mariana Islands approved by Public Law 
99-396, except that should the Secretary of the Interior believe that 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-232 
the performance standards of such agreement are not being met, 
operations funds may be withheld, but only by Act of Congress as 
required by Public Law 99-396: Provided further, That funds pre-
viously appropriated under this head for a loan to the Government 
of the United States Virgin Islands, for construction of an extension 
to the Alexander Hamilton Airport runway, St. Croix, shall be 
available for issuance of the loan without approval of a multiyear 
grant of Airport Improvement Program funds from the Federal 
Aviation Administration: Provided further, That $540,000 of the 
amounts provided for technical assistance shall be available for a 
grant to the Close Up Foundation: Provided further. That of the 
total appropriation $500,000 shall be available for the establishment 
of a disaster contingency fund. 
TRUST TERRITORY OF THE PACIFIC ISLANDS 
For expenses necessary for the Department of the Interior in 
administration of the Trust Territory of the Pacific Islands pursuant 
to the Trusteeship Agreement approved by joint resolution of July 
18, 1947 (61 Stat. 397), and the Act of June 30,1954 (68 Stat. 330), as 
amended (90 Stat. 299; 91 Stat. 1159; 92 Stat. 495); grants for the 
expenses of the High Commissioner of the Trust Territory of the 
Pacific Islands; grants for the compensation and expenses of the 
Judiciary of the Trust Territory of the Pacific Islands; grants to the 
Trust Territory of the Pacific Islands, in addition to local revenues, 
for support of governmental functions; $41,940,000, of which 
$33,940,000 is for operations including $12,350,000 for payment of 
claims pursuant to the Micronesian Claims Act of 1971: Provided, 
That section 105 of Public Law 95-134 (91 Stat. 1159) is amended by 
inserting after the word "Islands" the words "(TTPI), or TTPI 
constituent or successor governments,"; and of which $8,000,000 is 
for construction, to remain available until expended: Provided fur-
ther. That all financial transactions of the Trust Territory, including 48 USC 1683. 
such transactions of all agencies or instrumentalities established or 
utilized by such Trust Territory, shall be audited by the General 
Accounting Office in accordance with chapter 35 of title 31, United 
States Code: Provided further. That the government of the Trust 
48 usc 1682. 
Territory of the Pacific Islands is authorized to make purchases 
through the General Services Administration. 
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, $33,620,000, including $2,500,000 for the Enjebi 
Community Trust Fund, to remain available until expended, as 
authorized by Public Law 99-239: Provided, That notwithstanding 
the provisions of Public Laws 99-500 and 99-591, the effective date 
of the Palau Compact for purposes of economic assistance pursuant 
to the Palau Compact of Free Association, Public Law 99-658, shall 
be the effective date of the Palau Compact as determined pursuant 
to section 101(d) of Public Law 99-658: Provided further. That funds 
previously appropriated under this head shall be available for 
audit purposes as identified in section 233 of the Compact of Free 
Association. 
101 STAT. 1329-233 
PUBLIC LAW 100-202—DEC. 22, 1987 
D E P A R T M E N T A L O F F I C E S 
OFFICE OF THE SECRETARY 
For necessary expenses of the Office of the Secretary of the 
Interior, $47,519,000 of which not to exceed $10,000 may be for 
ofHcial reception and representation expenses. 
OFFICE OF THE SOUCITOR 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Solicitor, $23,053,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General, 
$17,757,000. 
CONSTRUCTION MANAGEMENT 
For necessary expenses of the Office of Construction Management, 
$1,800,000. 
ADMINISTRATIVE PROVISIONS 
There is hereby authorized for acquisition from available re-
sources within the Working Capital Fund, 8 aircraft, all of which 
shall be for replacement: Provided, That no programs funded with 
appropriated funds in the "Office of the Secretary", "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 facili-
ties 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 avail-
able to the Department of the Interior for emergencies shall have 
been exhausted: Provided further. That all funds used pursuant to 
this section 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 jurisdiction of the Department of the In-
terior; for the emergency rehabilitation of burned-over lands under 
its jurisdiction; for emergency actions related to potential or actual 
earthquakes, floods or volcanoes; 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 carrjdng out the regulatory provisions of the Surface 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-234 
Mining Act: Provided, That appropriations made in this title for fire 
suppression purposes shall be available for the payment of obliga-
tions incurred during the preceding fiscal year, and for reimburse-
ment 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 cur-
rently available at the time of receipt thereof: Provided 
further, 
That all funds used pursuant to this section must be replenished by 
a supplemental appropriation which must be requested as promptly 
aspossible. 
SEC. 103. Appropriations made in this title shall be available for 
operation of warehouses, garages, shops, and similar facilities, wher-
ever 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, U.S.C: Provided, That reimburse-
ments 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 $300,000; hire, maintenance, and operation of aircraft; hire of 
passenger motor vehicles; purchase of reprints; pajrment for tele-
phone 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: Provided, That no funds available to the Department of 
the Interior are available for any expenses of the Great Hall of 
Commerce. 
SEC. 105. Appropriations available to the Department of the In-
terior 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 by the General Serv-
ices Administration for services or rentals for periods not in excess 
of twelve months beginning at any time during the fiscal year. 
SEC. 107, No funds provided in thLs title may be expended by the 
Department of the Interior for the preparation for, or conduct of, 
pre-leasing and leasing activities (including but not limited to: calls 
for information, tract selection, notices of sale, receipt of bids and 
award of leases) of lands described in, and under the same terms and 
conditions set forth in section 107 of the Department of the Interior 
and Related Agencies Appropriations Act, 1986, as contained in 
Public Law 99-190. 
SEC. 108. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance changing the name of the mountain located 63 degrees, 04 
minutes, 15 seconds west, presently named and referred to as Mount 
McKinley. 
SEC. 109. Notwithstanding any other provision of law, appropria-
tions in this title shall be available to provide insurance on official 
motor vehicles, aircraft, and boats operated by the Department of 
the Interior in Canada and Mexico. 
91-194 O - 90 - 19 : QL.3 Part 2 
101 STAT. 1329-235 
PUBLIC LAW 100-202—DEC. 22, 1987 
SEC. 110. No funds provided in this title may be used to detail any 
employee to an organization unless such detail is in accordance with 
Office of Personnel Management regulations. 
SEC. 111. The Secretary of the Navy is authorized to transfer to 
the Guam Power Authority (GPA), pursuant to the payment provi-
sions described in the conference report on the Continuing Appro-
priations Act, 1985 (House Report No. 98-1159), those Navy-owned 
electric power generation, transmission and distribution facilities, 
and equipment (excluding distribution facilities required by the 
military) on Guam as specified in the customer-supplier contract to 
be negotiated between the Navy and the GPA together with associ-
ated land interests. Transfer of such power generation, transmission 
and distribution facilities, and equipment shall not occur until the 
GPA assumes full responsibility for islandwide electrical power 
supply to military and civilian customers on Guam. GPA shall 
assume full responsibility when it meets all performance standards 
specified in the August, 1986 independent third party plan for 
takeover of the islandwide power responsibilities or other perform-
ance standards mutually agreed upon by GPA and Navy. 
> 
TITLE II—RELATED AGENCIES 
x 
JO 
DEPARTMENT OF AGRICULTURE 
! 
FOREST SERVICE 
*" 
FOREST RESEARCH 
For necessary expenses of forest research as authorized by law, 
$135,510,000 of which $3,000,000 shall remain available until ex-
pended for competitive research grants, as authorized by section 5 of 
Public Law 95-307. 
STATE AND PRIVATE FORESTRY 
For necessary expenses of cooperating with, and providing tech-
nical £ind financial assistance to States, Territories, possessions, and 
others; and for forest pest management activities, $76,469,000, to 
remain available until expended, as authorized by law: Provided, 
That a grant of $2,800,000 shall be made to the State of Minnesota 
for the purposes authorized by section 6 of Public Law 95-495: 
Provided further. That notwithstanding any other provision of law, 
a grant of $6,400,000 shall be provided to the appropriate entity in 
the city of Kellogg, Idaho for construction of a gondola and shall be 
matched from other sources. 
NATIONAL FOREST SYSTEM 
For necessary expenses of the Forest Service, not otherwise pro-
vided for, for management, protection, improvement, and utilization 
of the National Forest System, and for liquidation of obligations 
made in the preceding fiscal years pursuant to 16 U.S.C. 556d for 
forest firefighting and emergency rehabilitation of National Forest 
System lands, and for administrative expenses associated with the 
management of funds provided under the heads "Forest Research", 
"State and Private Forestry", "National Forest System", "Construc-
tion", and "Land Acquisition", $1,243,391,000, of which $296,758,000 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-236 
for reforestation and timber stand improvement, cooperative law 
enforcement, firefighting, and maintenance of forest development 
roads and trails shall remain available for obligation until Septem-
ber 30, 1989. 
CONSTRUCTION 
For necessary expenses of the Forest Service, not otherwise pro-
vided for, for construction, $214,078,000, to remain available until 
expended, of which $27,643,000 is for construction and acquisition of 
buildings and other facilities; and $186,435,000 is for construction 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 funds 
becoming available in fiscal year 1988 under the Act of March 4, 
1913 (16 U.S.C. 501), shall be transferred to the General Fund of the 
Treasury of the United States. 
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. 
4601-4-11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $49,076,000 to be derived 
from the Land and Water Conservation Fund, to remain available 
until expended: Provided, That, notwithstanding any other provi-
sion of law, the Secretary of Agriculture, as soon as practicable, 
shall— 
(1) acquire the following described lands (containing approxi-
mately 2,000 acres) from the owner of such real property: 
All that portion of sections 17, 18, 19, and 20 in township 25 
north range 11 west Mt. Diablo Meridian Trinity County, Cali-
fornia, described as follows: 
The west half of the southwest quarter; the west half of the 
east half of the southwest quarter of section 17. 
Lots 9, 10, 11, and 12 and the southeast quarter of section 18. 
Lots 5, 6, 7, 8, 17, and 18 and the northesist quarter of section 
19. 
The west half of the northwest quarter; the west half of the 
northeast quarter of the northwest quarter; the southeast quar-
ter of the northeast quarter of the northwest quarter; the 
southeast quarter of the northwest quarter; the southwest quar-
ter of the northeast quarter and the south half of the northwest 
quarter of the northeast quarter of section 20. 
All that portion of sections 13,14, and 24 in township 25 north 
range 12 west Mount Diablo Meridian Trinity County, Califor-
nia, described as follows: 
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12; the west half of the 
northeast quarter; the east half of the west half; the northwest 
quarter of the northwest quarter; and the southwest quarter of 
the southwest quarter of section 13. 
Lots 3, 4, 5, and 6; the west half of the northwest quarter of 
the northeast quarter; and the east half of the northeast quarter 
of the northeast quarter; the southesist quarter of the southeast 
quarter; and the southwest quarter of the northeast quarter; 
and the northeast quarter of the northwest quarter of sec-
tion 14. 
Lots 1, 2,7, and 8 of section 24. 
101 STAT. 1329-237 
PUBLIC LAW 100-202—DEC. 22, 1987 
Tracts 44, 55, and 76; 
(2) in consideration of such acquisition, reduce the aggregate 
outstanding loan balance, with respect to loans made to such 
owner by the Farmers Home Administration, by an amount 
equal to the fair market value (as determined by the Secretary) 
of such real property, plus the reasonable expenses incurred by 
such owner in executing such transfer of title, plus an amount 
equal to the reasonably expected liability of such owner for 
Federal, State, and local taxes incurred on account of such 
transfer of title, except that such reduction shall not exceed 
$1,250,000; and 
(3) transfer such lands to the Forest Service for such sums as 
the Secretary determines to be appropriate, which lands shall 
be added to, and administered as part of, the YoUa-BoUy Middle 
Eel Wilderness. 
The Secretary of Agriculture is directed to use funds in the 
inholding and composite land acquisition account to purchase the 
Torre Canyon Ranch, in the Los Padres National Forest, California, 
at a cost not to exceed fair market value. 
TIMBER ROADS, PURCHASER ELECTION, FOREST SERVICE 
(RESCISSION) 
Of the funds currently available and unobligated in this account, 
$75,000,000 is hereby rescinded. 
' / . 
J. 
TIMBER SALVAGE SALES 
For design, engineering and supervision of construction of roads, 
for salvage timber sales, and for sale preparation and supervision of 
harvesting of such timber, $37,000,000, to remain available until 
expended: Provided, That the appropriation shall be merged with 
and made a part of the designated fund authorized by section 14(h) 
of Public Law 94-588, October, 1976: Provided further. That moneys 
received from the timber salvage sales program in fiscal year 1988 
shall be considered as money received for the purposes of computing 
and distributing 25 per centum payments to local government 
under 1
<
5 U.S.C. 500, as amended. 
ACQUISITION OF LANDS FOR NATIONAL FORESTS 
IBS-
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, and 
Cleveland National Forests, California, as authorized by law, 
$966,000, to be derived from forest receipts. 
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES 
For acquisition of lands, 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. 
. 
.^»,. . , , , 
,^^s 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-238 
RANGE BETTERMENT FUND 
For necessary expenses of range rehabilitation, protection, and 
improvement, 50 per centum of all moneys received during the prior 
fiscal year, as fees for grazing domestic livestock on lands in Na-
tional Forests in the sixteen Western States, pursuant to section 
401(bXl) 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. 
MISCELLANEOUS TRUST FUNDS 
For expenses authorized by 16 U.S.C. 1643(b), $90,000 to remain 
available until expended, to be derived from the fund established 
pursuant to the above Act. 
ADMINISTRATIVE PROVISIONS, FOREST SERVICE 
Appropriations to the Forest Service for the current fiscal year 
shall be available for: (a) purchase of not to exceed 186 passenger 
motor vehicles of which nine will be used primarily for law enforce-
ment purposes and of which 179 shall be for replacement only, of 
which acquisition of 157 passenger motor vehicles shall be 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 50 aircraft from excess sources; 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; (b) services pursuant to the 
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 
2225), and not to exceed $100,000 for employment under 5 U.S.C. 
3109; (c) uniform allowances for each uniformed employee of the 
Forest Service, not in excess of $400 annually; (d) purchase, erection, 
and alteration of buildings and other public improvements (7 U.S.C. 
2250); (e) acquisition of land, waters, and interests therein, pursuant 
to the Act of August 3,1956 (7 U.S.C. 428a); (f) for expenses pursuant 
to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 
558d, 558a note); and (g) for debt collection contracts in accordance 
with 31 U.S.C. 3718(c). 
None of the funds made available under this Act shall be obli-
gated or expended to change the boundaries of any region, to abolish 
any region, to move or close any regional office for research. State 
and private forestry, or National Forest System administration of 
the Forest Service, Department of Agriculture, without the consent 
of the House and Senate C!!ommittees on Appropriations and the 
Committee on Agriculture, Nutrition, and Forestry in the United 
States Senate and the Committee on Agriculture in the United 
States House of Representatives. 
Any appropriations or funds available to the Forest Service may 
be advanced to the National Forest System appropriation for the 
emergency rehabilitation of burned-over lands under its jurisdiction. 
Appropriations and funds available to the Forest Service shall be 
available to comply with the requirements of section 313(a) of the 
Federal Water Pollution Control Act, as amended (33 U.S.C. 1323(a)). 
The appropriation structure for the Forest Service may not be 
altered without advance approval of the House and Senate Commit-
tees on Appropriations. 
101 STAT. 1329-239 
PUBLIC LAW 100-202—DEC. 22, 1987 
Notwithstanding any other provision of law, any appropriations 
or funds available to the Forest Service may be used to reimburse 
employees for the cost of State licenses and certification fees pursu-
ant to their Forest Service position and that are necessary to comply 
with State laws, regulations, and requirements. 
Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development 
and the Office of International Cooperation and Development in 
connection with forest and rangeland research, technical informa-
tion, and assistance in foreign countries. 
Funds previously appropriated for timber salvage sales may be 
recovered from receipts deposited for use by the applicable national 
forest and credited to the Forest Service Permanent Appropriations 
to be expended for timber salvage sales from any national forest: 
Provided, That not less than $61,502,000 shall be made available to 
the Forest Service for obligation in fiscal year 1988 from the Timber 
Salvage Sales Fund appropriation. 
None of the funds made available to the Forest Service under this 
Act shall be subject to transfer under the provisions of section 7020)) 
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 compli-
ance with the reprograming procedures contained in House 
Report 99-714. 
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. 
Public 
Subject to the enactment of authorizing legislation the boundary 
information. 
^f ^j^g Cranberry Wilderness located within the Monongahela Na-
tional Forest, West Virginia, is modified as depicted on a map 
entitled "Cranberry Wilderness Area Revised" dated October, 1987, 
on file in the Office of the Chief, Forest Service, United States 
Department of Agriculture, Washington, D.C. 
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 if authorized by the Act of 
August 13,1970, as amended by Public Law 93-408. 
Notwithstanding section 705(a) of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 539d(a)), not more than 
$50,007,000 of new appropriations shall be available for timber 
supply, protection and management, research, resource protection 
and construction on the Tongass Nation£d Forest in fiscal year 1988: 
Provided, That all of the funds available from the Tongass Timber 
Supply Fund in fiscal year 1988 pursuant to section 705(a) of Public 
Law 96-487 shall be deemed obligated as of October 1,1987 and shall 
remain available until expended. This funding limitation shall not 
include those funds available to the Forest Service as Trust Funds, 
Permanent Funds (other than the Tongass Timber Supply Fund), or 
Purchaser Road (>)nstruction. 
No funds shall be expended for the purpose of issuing a special use 
authorization permitting land use and occupancy and surface 
disturbing activities for any project to be constructed on Lewis Fork 
Creek in Madera (Dounty, California, at the site above, and adjacent 
to, Corlieu Falls bordering the Lewis Fork Creek National Recre-
ation Trail until both of the following conditions are met: 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-240 
(1) A study is completed and submitted to the Congress by the 
Forest Service in consultation with the California Department 
of Parks and Recreation regarding the project's impact on the 
aesthetics of Corlieu Falls, together with a finding that the 
Lewis Fork Creek project will not substantially impact the flow 
at Corlieu Falls; and 
(2) A study is completed and submitted to the Congress by the 
Forest Service concerning the project's impact on the 
Chukchansi Indian Tribe, together with a finding that there 
will be no substantial adverse impact on the tribe's adjacent 
sacred hot springs. 
DEPARTMENT OF ENERGY 
42 u s e 5903d 
note. 
CLEAN COAL TECHNOLOGY 
For necessary expenses of, and associated with, Clean Coal Tech-
nology demonstrations pursuant to 42 U.S.C. 5901 et seq., 
$50,000,000 are appropriated for the fiscal year beginning October 1, 
1987, and shall remain available until expended, and $525,000,000 
are appropriated for the fiscal year beginning October 1, 1988, and 
shall remain available until expended. 
No later than sixty days following enactment of this Act, the 
Secretary of Energy shall, pursuant to the Federal Nonnuclear 
Energy Research and Development Act of 1974 (42 U.S.C. 5901 et 
seq.), issue a general request for proposals for emerging clean coal 
technologies which are capable of retrofitting or repowering existing 
facilities, for which the Secretary of Energy upon review may 
provide financial assistance awards. Proposals under this section 
shall be submitted to the Department of Energy no later than ninety 
days after issuance of the general request for proposals required 
herein, and the Secretary of Energy shall make any project selec-
tions no later than one hundred and sixty days after receipt of 
proposals: Provided, That projects selected are subject to all provisos 
contained under this head in Public Law 99-190: Provided further, 
That pre-award costs incurred by project sponsors after selection 
and before signing an agreement are allowable to the extent that 
they are related to (1) the preparation of material requested by the 
Department of Energy and identified as required for the negotiation; 
or (2) the preparation and submission of environmental data re-
quested by the Department of Energy to complete National Environ-
mental Policy Act requirements for the projects: Provided further. 
That pre-award costs are to be reimbursed only upon signing of the 
project agreement and only in the same ratio as the cost-sharing for 
the total project: Provided further, "rhat reports on projects selected Reports 
by the Secretary of Energy pursuant to autnority granted under the 
heading "Clean coal technology" in the Department of the Interior 
and Related Agencies Appropriations Act, 1986, as contained in 
Public Law 99-190, which are received by the Speaker of the House 
of Representatives and the President of the Senate prior to the end 
of the first session of the 100th Congress shall be deemed to have 
met the criteria in the third proviso of the fourth paragraph under 
the heading "Administrative provisions. Department of Energy" in 
the Department of the Interior and Related Agencies Appropria-
tions Act, 1986, as contained in Public Law 99-190, upon expiration 
of 30 calendar days from receipt of the report by the Speaker of the 
House of Representatives and the President of the Senate. 
101 STAT. 1329-241 
PUBLIC LAW 100-202—DEC. 22, 1987 
FOSSIL ENERGY RESEARCH AND DEVELOPMENT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses in canying out fossil energy research and 
development activities, under the authority of the Department of 
Energy Organization Act (Public Law 95-91), including the acquisi-
tion of interest, including defeasible and equitable interests in any 
real property or any facility or for plant or facility acquisition or 
expansion, $326,975,000, to remain available until expended, of 
which $230,000 is for the functions of the Office of the Federal 
Inspector for the Alaska Natural Gas Transportation System estab-
lished pursuant to the authority of Public Law 94-586 (90 Stat. 
2908-2909), and of the amount appropriated under this head, 
$4,000,000 shall be available to construct Department of Energy 
Fossil Energy building B-26, and pursuant to section lllflt)XlXB) of 
the Energy Reorganization Act of 1974, as amended, of the amount 
appropriated under this head, $5,500,000 shall be available for a 
grant for an energy center at the University of Oklahoma in 
Norman, Oklahoma, and $6,000,000 shall be available for a grant for 
an energy center at West Virginia University in Morgantown, West 
Virginia, without section lll(bX2) of such Act being applicable, and 
$20,894,000 to be derived by transfer from amounts derived from 
fees for guarantees of obligations collected pursuant to section 19 of 
the Federal Nonnuclear Energy Research and Development Act of 
1974, as amended (42 U.S.C. 5919), and deposited in the "Energy 
security reserve" established by Public Law 96-126: 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: Provided 
further, That notwithstanding any other provision of law, funds 
appropriated under this head in Public Law 99-190 for demonstra-
tion of the Kilngas coal gasification process, which remain unobli-
gated, shall be available for carrying out any fossil energy research 
and development activities. 
Of the funds herein provided, $35,000,000 is for implementation of 
the June, 1984 multiyear, cost-shared magnetohydrodynamics pro-
gram targeted on proof-of-concept testing: Provided further. That 25 
per centum private sector cash or in-£uid contributions shall be 
required for obligations in fiscal year 1988, and for each subsequent 
fiscal year's obligations private sector contributions shall increase 
by 5 per centum over the life of the proof-of-concept plan: Provided 
further, That existing facilities, equipment, and supplies, or pre-
viously expended research or development funds are not cost-shar-
ing for the purposes of this appropriation, except as amortized, 
depreciated, or expensed in normal business practice: Provided fur-
ther. That cost-sharing shall not be required for the costs of con-
structing or operating Govemmentnowned facilities or for the costs 
of Government organizations. National Laboratories, or universities 
and such costs shall not be used in calculating the required percent-
age for private sector contributions: Provided further. That private 
sector contribution percentages need not be met on each contract 
but must be met in total for each fiscal year. 
NAVAL PETROLEUM AND OIL SHALE RESERVES 
For necessary expenses in canying out naval petroleum and oil 
shale reserve activities, $159,663,000, to remain available until ex-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-242 
pended: Provided, That sums in excess of $836,000,000 received 
during fiscal year 1988 as a result of the sale of products produced 
from Naval Petroleum Reserves Numbered 1 and 3 shall be depos-
ited in the "SPR petroleum account", to remain available until 
expended, for the acquisition and transportation of petroleum and 
for other necessary expenses: Provided further. That section 743O0t>) 
of title 10, United States Code, is amended by adding after para-
graph (2) the following: 
"(3) For purposes of paragraph (2), the term 'petroleum' does 
not include natural gas liquids," 
and section 7422(cXlXBXii) of such title is amended by inserting 
"(other than natural gas liquids)" after "petroleum". 
ENERGY CONSERVATION 
For necessary expenses in carrying out energy conservation activi-
ties, $366,297,000, to remain available until expended, of which 
$56,780,000, notwithstanding any other provision of law, shall be 
derived first from the excess amount for fiscal year 1988 determined 
under the provisions of section 3003(d) of Public Law 99-509 (15 
U.S.C. 4502), and second, if necessary, from unexpended balances in 
the Department of Energy Deposit Fund Escrow account: Provided, 
That $200,000,000 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(dX2) of Public 
Law 99-509 such sums shall be allocated to the eligible programs in 
the same amounts for each program as in fiscal year 1987, and of 
which $6,000,000 shall be available for a grant for an energy dem-
onstration and research facility at Northwestern University as au-
thorized by section 202 of Public Law 99-412 (42 U.S.C. 8281 note): 
Provided further. That $4,000,000 of the amount provided under this 
heading shall be available for continuing a research and develop-
ment initiative with the National Laboratories, industry, univer-
sities, or others for new technologies up to proof-of-concept testing to 
increase significantly the energy efficiency of processes that produce 
steel: Provided further. That obligation of funds for these activities 
shall be contingent on an agreement to provide cash or in-kind 
contributions to the initiative or to other collaborative research and 
development activities related to the purpose of the initiative equal 
to 30 percent of the amount of Federal Government obligations: 
Provided further. That existing facilities, equipment, and supplies, 
or previously expended research or development funds are not 
acceptable as contributions for the purposes of this appropriation, 
except as amortized, depreciated, or expensed in normal business 
practice: Provided further. That the totsd Federal expenditure under 
this proviso shall be repaid up to one and one-half times from the 
proceeds of the commercial sale, lease, manufacture, or use of 
technologies developed under this proviso, at a rate of one-fourth of 
all net proceeds. 
ECONOMIC REGULATION 
For necessary expenses in canying out the activities of the Eco-
nomic Regulatory Administration and the Office of Hearings and 
Appeals, $21,565,000. 
101 STAT. 1329-243 
PUBLIC LAW 100-202—DEC. 22, 1987 
EMERGENCY PREPAREDNESS 
For necessary expenses in carrying out emergency preparedness 
activities, $6,172,000. 
STRATEGIC PETROLEUM RESERVE 
For expenses necessary to carry out the provisions of sections 151 
through 166 of the Energy Policy and Conservation Act of 1975 
(Public Law 94-163), $164,162,000, to remain available until 
expended. 
jni 
SPR PETROLEUM ACCOUNT 
For the acquisition and transportation of petroleum and for other 
necessary expenses under section 167 of the Energy Policy and 
Conservation Act of 1975 (Public Law 94-163), as amended by the 
Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), 
$438,744,000, to remain available until expended: Provided, That 
outlays in fiscal year 1988 resulting from the use of these funds may 
not exceed $256,478,000: Provided further, That notwithstanding 42 
U.S.C. 6240(d) the United States' share of crude oil in Naval Petro-
leum Reserve Numbered 1 (Elk Hills) may be sold or otherwise 
disposed of to other than the Strategic Petroleum Reserve. 
ENERGY INFORMATION ADMINISTRATION 
For necessary expenses in carrying out the activities of the 
Energy Information Administration, $61,398,000. 
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 uni-
forms; 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 gigencies, Federsd, 
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 pa3anents 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 pa3mients shall be covered into the Treasury as 
Contracts. 
miscellaneous receipts: Provided further. That any contract, agree-
Reports. 
ment, or provision thereof entered into by the Secretary pursuant to 
this authority shall not be executed prior to the expiration of 30 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-244 
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 such project, including 
the facts and circumstances relied upon in support of the proposed 
project. 
The Secretary of Energy may transfer to the Emergency 
Preparedness appropriation such funds as are necessaiy to meet any 
unforeseen emergency needs from any funds available to the 
Department of Energy from this Act. 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
HEALTH RESOURCES AND SERVICES ADMINISTRATION 
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 III and XXI and sections 208 and 
338G of the Public Health Service Act with respect to the Indian 
Health Service, including hire of passenger motor vehicles and 
aircraft; purchase of reprints; purchjise and erection of portable 
buildings; payments for telephone service in private residences in 
the field, when authorized under regulations approved by the Sec-
retary; $943,297,000 together with pa3anents received during the 
fiscal year pursuant to 42 U.S.C. 300cc-2 for services furnished by 
the Indian Health Service: Provided, 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): Provided further. That funds made available to tribes 
and tribal organizations through grants and contracts authorized by 
the Indian Self-Determination and Education Assistance Act of 1975 
(88 Stat. 2203; 25 U.S.C. 450), shall remain available until September 
30, 1989; and $15,000,000 shall remain available until expended, for 
the Indian Catastrophic Health Emergency Fund and contract medi-
cal care: Provided further, That of the funds provided, $2,000,000 
shall be used to carry out a loan repayment program under which 
Federal, State, and commercial-type educational loans for physi-
cians and other health professionals will be repaid at a rate not to 
exceed $25,000 per year of obligated service in return for full-time 
clinical service in the Indian Health Service. Each individual 
participating in this program must sign and submit to the Secretary 
a written contract to accept repayment of educational loans and to 
serve for the applicable period of service in the Indian Health 
Service: 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 fun^ are appropriated: Provided further. That 
the amounts collected by the Secretary of Health and Human 
Services under the authority of title IV of the Indian Health Care 
- ' 
Improvement Act shall be available until September 30,1989 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, construction of new facilities, or 
101 STAT. 1329-245 
PUBLIC LAW 100-202—DEC. 22, 1987 
major renovation of existing Indian Health Service facilities): Pro-
vided further, That of the funds provided, $2,500,000 shall remain 
available until expended, for the establishment of an Indian Self-
Determination Fund, which shall be available for the transitional 
costs of initial or expanded tribal contracts, grants or cooperative 
agreements with the Indian Health Service under the provisions of 
the Indian Self-Determination Act: Provided further. That funding 
contained herein, and in any earlier appropriations Acts for scholar-
ship programs under section 103 of the Indian Health Care Improve-
ment Act and section 338G of the Public Health Service Act with 
respect to the Indian Health Service shall remain available for 
expenditure until September 30,1989. 
INDIAN HEALTH FACILITIES 
For construction, major repair, improvement, and equipment of 
health and related auxiliary facilities, including quarters for person-
nel; preparation of plans, specifications, and drawings; acquisition of 
sites, purchase and erection of portable buildings, purchsises 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 Self-Determination Act and the 
Indian Health Care Improvement Act, $62,511,000, to remain avail-
able until expended. 
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE 
Appropriations in this Act to the Indian Health Service, available 
for salaries and expenses, shall be available for services as au-
thorized by 5 U.S.C. 3109 but at rates not to exceed the per diem 
equivalent to the rate for GS-18, and for uniforms or allowances 
therefor as authorized by law (5 U.S.C. 5901-5902), and for expenses 
of attendsmce at meetings which are concerned with the functions or 
activities for which the appropriation is made or which will contrib-
ute to improved conduct, supervision, or management of those 
functions or activities: Provided, That none of the funds appro-
priated under this Act to the Indian Health Service shall be avail-
able for the initial lease of permanent structures without advance 
provision therefor in appropriations Acts: Provided further. That 
non-Indian patients may be extended health care at all Indian 
Health Service facilities, if such care can be extended without 
impairing the ability of the Indian Health Service to fulfill its 
responsibility to provide health care to Indians served by such 
facilities and subject to such reasonable charges as the Secretary of 
Health and Human Services shall prescribe, the proceeds of which, 
together with funds recovered under the Federal Medical Care 
Recovery Act (42 U.S.C. 2651-53), shall be deposited in the fund 
established by sections 401 and 402 of the Indian Health Care 
Improvement Act: Provided further. That funds appropriated to the 
Indian Health Service in this Act, except those used for administra-
tive and program direction purposes, shall not be subject to limita-
tions directed at curtailing Federal travel and transportation: 
25 use 1681. 
Provided further. That with the exception of service units which 
currently have a billing policy, the Indian Health Service shall not 
initiate any further action to bill Indians in order to collect from 
third-party payers nor to charge those Indians who may have the 
economic means to pay unless and until such time as Congress has 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-246 
42 u s e 254n 
note. 
Contracts. 
Grants. 
agreed upon a specific policy to do so and has directed the Indian 
Health Service to implement such a policy: Provided further. That 
the Secretary of Health and Human Services may authorize special 
retention pay under paragraph (4) of 37 U.S.C. 302(a) to any regular 
or reserve officer for the period during which the officer is obligated 
under section 338B of the Public Health Service Act and assigned 
and providing direct health services or serving the officer's obliga-
tion as a specialist: Provided further, That personnel ceilings may 
not be imposed on the Indian Health Service nor may any action be 
taken to reduce the full-time equivalent level of the Indian Health 
Service by the elimination of temporary employees by reduction in 
force, hiring freeze or any other means without the review and 
approval of the Committees on Appropriations: Provided 
further. 
That funds provided in this Act may be used to reimburse the travel 
costs of spouses who accompany prospective Indian Health Service 
medical professional employees to the site of employment as part of 
the recruitment process: Provided further. That section 103(c) of the 25 USC 450g. 
Indiem Self-Determination Act (88 Stat. 2206) is amended by adding 
the following sentence at the end thereof: "For purposes of section 
224 of the Public Health Service Act of July 1. 1944 (42 U.S.C. 
233(a)), as amended by section 4 of the Act of December 31, 1970 (84 
Stat. 1870), with respect to claims for personal injury, including 
death, resulting from the performance of medical, surgical, dental, 
or related functions, including the conduct of clinical studies or 
investigations, a tribal organization or Indian contractor carrying 
out a contract, grant agreement, or cooperative agreement under 
sections 103 or 104(b) of this Act is deemed to be part of the Public 
Health Service in the Department of Health and Human Services 
while carrying out any such contract or agreement and its employ-
ees (including those acting on behalf of the organization or contrac-
tor as provided in section 2671 of title 28) are deemed employees of 
the Service while acting within the scope of their emplojrment in 
carrjring out the contract or agreement.". 
The paragraph under the heading "Administrative Provisions, 
Indian Health Service" that is under the superior headings "Health 
Resources and Services Administration" and "Department of 
Health and Human Services" in title II of the Department of the 
Interior and Related Agencies Appropriations Act, 1987, which is 
contained in section 101(h) of Public Law 99-500 (100 Stat. 1783-277) 
and in section 101(h) of Public Law 99-591 (100 Stat. 3341-277) is 
amended by striking out all after "any political subdivision of the 
State," in the seventh proviso and inserting in lieu thereof "any 
corporation (including the University of Alaska), any partnership, 
any business organization, any non-profit organization, or any 
person, and may receive or pay money to the extent that such 
receipt or payment is necessary to equalize the exchange: Provided, 
That available funds previously appropriated for this project may be 
used for this purpose and that any money received by the Secretary 
shall be credited to the appropriation for Indian Health Facilities 
and be used to offset the costs of constructing or lease-purchase of 
the hospital facilities in Alaska described in this section: Provided 
further, That the Indian Health Service prepares and submits a 
report prior to June, 1988, which sets forth the legal authority 
necessary to enter into a lease-purchase contract, identifies the 
extent of tribal interest in the construction of health facilities for 
lease-purchase to the Indian Health Service, compares the advan-
tages versus the disdvantages to the Government of lease-purchase 
Reports. 
101 STAT. 1329-247 
PUBLIC LAW 100-202—DEC. 22, 1987 
to direct Federal construction of the Anchorage facility, including 
costs of construction, and discusses the efforts expended by the 
Indian Health Service in protecting the Federal investment to 
date". 
DEPARTMENT OF EDUCATION 
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION 
INDIAN EDUCATION 
For necessary expenses to carry out, to the extent not otherwise 
provided, the 
Indian 
Education 
Act, $66,326,000, of 
which 
$49,170,000 shall be for part A and $14,707,000 shall be for parts B 
and C: Provided, That the amounts available pursuant to section 423 
of the Act shall remain available for obligation until Septem-
<
^ 
ber 30, 1989. 
OTHER RELATED AGENCIES 
NAVAJO AND HOPI INDIAN RELOCATION COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Navajo and Hopi Indian Relocation 
Commission as authorized by Public Law 93-531, $25,270,000, to 
remain available until expended, for operating expenses of the 
Commission: Provided, That none of the funds contained in this or 
any other Act may be used 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 Commission shall relocate any 
certified eligible relocatees who have selected and received an ap-
proved homesite on the Navajo reservation or selected a replace-
ment residence off the Navajo reservation or on the land acquired 
pursuant to 25 U.S.C. 640d-10. 
SMITHSONIAN INSTITUTION 
SALARIES AND EXPENSES 
For necessary expenses of the Smithsonian Institution, as au-
thorized by law, including research in the fields of art, science, and 
history; development, preservation, and documentation of the Na-
tional Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information 
and publications; conduct of education, training, and museum assist-
ance programs; maintenance, alteration, operation, lease (for terms 
not to exceed ten 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 vehicles; purchase, 
rental, repair, and cleaning of uniforms for employees; $201,432,000, 
including such funds as may be necessary to support American 
overseas research centers: Provided, That funds appropriated herein 
are available for advance pa3niients to independent contractors 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-248 
performing research services or participating in officisd 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, $8,150,000, to remeiin available until 
expended. 
RESTORATION AND RENOVATION OF BUILDINGS 
For necessary expenses of restoration and renovation of buildings 
ovmed 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 au-
thorized by 5 U.S.C. 3109, $19,254,000, to remain available until 
expended: Provided, That contracts awarded for environmental sys- Contracts. 
tems, protection systems, and exterior repair or renovation of build-
ings 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 to design and construct a base camp at the 
Fred L. Whipple Observatory, $1,315,000, to remain available until 
expended: Provided, That notwithstanding any other provision of 
law, the Institution is authorized to transfer to the State of Arizona, 
the counties of Santa Cruz and/or Pima, a sum not to exceed 
$150,000 for the purpose of assisting in the construction or mainte-
nance of an access to the Whipple Observatory. 
NATIONAL GALLERY OP 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 serv-
ices as authorized by 5 U.S.C. 3109; payment in advance when 
authorized by the treasurer of the Gallery for membership in li-
brary, 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; purchase of one passenger 
motor vehicle for replacement only; 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, $37,352,000, of which 
not to exceed $2,420,000 for the special exhibition program shall 
remain available until expended. 
101 STAT. 1329-249 
PUBLIC LAW 100-202—DEC. 22, 1987 
iii. 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 
hire of passenger vehicles and services as authorized by 5 U.S.C. 
3109, $4,028,000. 
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES 
NATIONAL ENDOWMENT FOR THE ARTS 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National Foundation on 
the Arts and the Humanities Act of 1965, as amended, $139,311,000 
shall be available to the National Endowment for the Arts for the 
support of projects and productions in the arts through assistance to 
groups and individuals pursuant to section 5(c) of the Act, and for 
administering the functions of the Act: Provided, That, 20 U.S.C. 
9740t)) is amended as follows: strike "$650,000,000" and insert 
"$1,200,000,000": Provided further, That, 20 U.S.C. 974(c) is amended 
as follows: strike "$75,000,000" and insert "$125,000,000". 
MATCHING GRANTS 
To carry out the provisions of section 10(aX2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as 
amended, $28,420,000, to remain available until September 30, 1989, 
to the National Endowment for the Arts, of which $19,420,000 shall 
be available for purposes of section 5(1): Provided, That this appro-
priation 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(aX2), subsec-
tions ll(aX2XA) and ll(aX3XA) during the current and preceding 
fiscal years for which equal amounts have not previously been 
appropriated. 
NATIONAL ENDOWMENT FOR THE HUMANITIES 
GRANTS A N D ADMINISTRATION 
For necessary expenses to carry out the National Foundation on 
the Arts and the Humanities Act of 1965, as amended, $111,935,000 
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. 
MATCHING GRANTS 
To carry out the provisions of section 10(aX2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as 
amended, $28,500,000, to remain available until September 30, 1989, 
of which $16,500,000 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 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-250 
devises of money, and other property accepted by the Chairman or 
by grantees of the Endowment under the provisions of subsections 
ll(aX2XB) and ll(aX3XB) during the current and preceding fiscal 
years for which equal 
amounts have not previously 
been 
appropriated. 
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS 
For necessary expenses as authorized by Public Law 99-190 (99 
Stat. 1261; 20 U.S.C. 956a), as amended, $4,500,000: Provided, That 
Public Law 99-190 (99 Stat. 1261) is amended under this heading as 
follows: 
(1) in the first paragraph, strike the words "National Endow-
ment for the Humanities" and insert in lieu thereof "Commis-
sion of Fine Arts", and 
(2) Delete the third paragraph and insert in lieu thereof: "The 
Chairman of the Commission of Fine Arts shall establish an 
application process and shall, along with the Chairman of the 
National Endowment for the Arts and the Chairman of the 
National Endowment for the Humanities determine the eligi-
bility of applicant organizations in addition to those herein 
named.". 
INSTITUTE OF MUSEUM SERVICES 
GRANTS AND ADMINISTRATION 
For carrjdng out title II of the Arts, Humanities, and Cultural 
Affairs Act of 1976, as amended, $21,944,000, including $100,000 as 
authorized by 20 U.S.C. 965(b): Provided, That none of these funds 
shall be available for the compensation of Executive Level V or 
higher positions: Provided further. That the Museum Services Board 
shall not meet more than three times during fiscal year 1988. 
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 
-.,,j 
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. 
COMMISSION OP FINE ARTS 
SALARIES AND EXPENSES 
For expenses made necessary by the Act establishing a Commis-
sion of Fine Arts (40 U.S.C. 104), $443,000. 
ADVISORY COUNCIL ON HISTORIC PRESERVATION 
SALARIES A N D EXPENSES 
For expenses made necessary by the Act establishing an Advisory 
Council on Historic Preservation, Public Law 89-665, as amended, 
$1,719,000: Provided, That none of these funds shall be available for 
the compensation of Executive Level V or higher positions. 
'M^. :B'i ^^z 
101 STAT. 1329-251 
PUBLIC LAW 100-202—DEC. 22, 1987 
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 au-
thorized by 5 U.S.C. 3109, $2,948,000. 
FRANKUN DELANO ROOSEVELT MEMORIAL COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Franklin Delano Roosevelt Memo-
rial Commission, established by the Act of August 11, 1955 (69 Stat. 
694), as amended by Public Law 92-332 (86 Stat. 401), $28,000 to 
remain available until September 30, 1989. 
PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by section 17(a) of Public 
Law 92-578, as amended, $2,516,000, for operating and administra-
tive expenses of the Corporation. 
PUBUC DEVELOPMENT 
For public development activities and projects in accordance with 
the development plan as authorized by section 17(b) of Public Law 
92-578, as amended, $3,000,000, to remain available until expended. 
UNITED STATES HOLOCAUST MEMORIAL COUNCIL 
HOLOCAUST MEMORIAL COUNCIL 
For expenses of the Holocaust Memorial Council, as authorized by 
36 use 1404 
Public Law 96-388, $2,171,000: Provided, That hereafter persons 
" 
other than members of the United States Holocaust Memorial 
Council may be designated as members of committees associated 
with the United States Holocaust Memorial Council subject to 
appointment by the Chairman of the Council: Provided further, That 
any persons so designated shall serve without cost to the Federal 
Government: Provided further. That none of these funds shall be 
available for the compensation of Executive Level V or higher 
36 ysc 1404 
positions: Provided further, That hereafter the Chairman of the 
Council may waive any Council bylaw when the Chairman deter-
mines such waiver will be in the best interest of the Council: 
Provided further. That hereafter immediately after taking such 
action the Chairman shall send written notice to every voting 
member of the Council £md such waiver shall become final if 30 days 
after the Chairman has sent such notice, a majority of Council 
members do not disagree in writing with the action taken: Provided 
further. That $35,000 of the amount appropriated is to go to the 
Holocaust Council's Committee to Remember the Children for a 
demonstration project to be undertaken with the Capital Children's 
Museum to determine the feasibility of establishing a children's 
museum in the principal Holocaust Memorial Museum. 
note. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-252 
TITLE III—GENERAL PROVISIONS 
SEC. 301. The expenditure of any appropriation under this Act for Contracts, 
any consulting service through procurement contract, pursuant to 5 f^^^^^ 
U.S.C. 3109, shall be limited to those contracts where such expendi- int°'"™ation. 
tares are a matter of public record and available for public inspec-
tion, 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 Secretaries of the Interior and Agriculture for use 
for any sale hereafter made of unprocessed timber from Federal 
lands west of the 100th meridian in the contiguous 48 States which 
will be exported from the United States, or which will be used as a 
substitute for timber from private landJs which is exported by the 
purchaser: Provided, That this limitation shall not apply to specific 
quantities of grades and species of timber which said Secretaries 
determine are surplus to domestic lumber and plywood manufactur-
ing needs. 
SEC. 303. No part of any appropriation under this Act shall be 
available to the Secretary of the Interior or the Secretary of Agri-
culture for the leasing of oil and natural gas by noncompetitive 
bidding on publicly owned lands within the boundaries of the Shaw-
nee National Forest, Illinois: Provided, That nothing herein is in-
tended to inhibit or otherwise affect the sale, lease, or right to access 
to minerals owned by private individuals. 
SEC. 304. 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. 305. 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. 306. None of the funds provided in this Act to any depart-
ment or agency shall be obligated or expended to provide a personal 
cook, chauffeur, or other personal servants to any officer or em-
ployee of such department or agency except as otherwise provided 
by law. 
SEC. 307. Except for lands described by sections 105 and 106 of 
Public Law 96-560, section 103 of Public Law 96-550, section 5(dXl) 
of Public Law 96-312, and except for land in the State of Alaska, and 
lands in the National Forest System released to management for 
any use the Secretary of Agriculture deems appropriate through the 
land management planning process by any statement or other Act 
of Congress designating components of the National Wilderness 
Preservation System now in effect or hereinafter enacted, and 
except to carry out the obligations and responsibilities of the Sec-
retary of the Interior under section 17(kXl) (A) and (B) of the 
Mineral Leasing Act of 1920 (30 U.S.C. 226), none of the funds 
provided in this Act shall be obligated for any aspect of the process-
ing or issusmce of permits or leases pertaining to exploration for or 
development of coal, oil, gas, oil shale, phosphate, potassium, sul-
phur, gilsonite, or geothermal resources on Federal lands within any 
component of the National Wilderness Preservation System or 
within any Forest Service RARE 11 areas recommended for wilder-
ness designation or allocated to further planning in Executive 
Communication 1504, Ninety-sixth Congress (House Document num-
101 STAT. 1329-253 
PUBLIC LAW 100-202—DEC. 22, 1987 
bered 96-119); or within any lands designated by Congress as wilder-
ness study areas or within Bureau of Land Management wilderness 
study areas: Provided, That nothing in this section shall prohibit the 
expenditure of funds for any aspect of the processing or issuance of 
permits pertaining to exploration for or development of the mineral 
resources described in this section, within any component of the 
National Wilderness Preservation System now in effect or herein-
after enacted, any Forest Service RARE II areas recommended for 
wilderness designation or allocated to further planning, within any 
lands designated by Congress as wilderness study areas, or Bureau 
of Land Management wilderness study areas, under valid existing 
rights, or leases validly issued in accordance with all applicable 
Federal, State, and local laws or valid mineral rights in existence 
prior to October 1, 1982: Provided further. That funds provided in 
this Act may be used by the Secretary of Agriculture in any area of 
National Forest lands or the Secretary of the Interior to issue under 
their existing authority in any area of National Forest or public 
lands withdrawn pursuant to this Act such permits as may be 
necessary to conduct prospecting, seismic surveys, and core sam-
pling conducted by helicopter or other means not requiring 
construction of roads or improvement of existing roads or ways, for 
the purpose of gathering information about and inventorying 
energy, mineral, and other resource values of such area, if such 
activity is carried out in a manner compatible with the preservation 
of the wilderness environment: Provided further. That seismic 
activities involving the use of explosives shall not be permitted in 
designated wilderness areas: Provided further. That funds provided 
in this Act may be used by the Secretary of the Interior to augment 
recurring surveys of the mineral values of wilderness areas pursu-
ant to section 4(dX2) of the Wilderness Act and acquire information 
on other national forest and public land areas withdrawn pursuant 
to this Act, by conducting in conjunction with the Secretary of 
Energy, the National Laboratories, or other Federal agencies, as 
appropriate, such mineral inventories of areas withdrawn pursuant 
to this Act as the Secretary deems appropriate. These inventories 
shall be conducted in a manner compatible with the preservation of 
the wilderness environment through the use of methods including 
core sampling conducted by helicopter; geophysical techniques such 
as induced polarization, S3aithetic aperture radar, magnetic and 
gravity surveys; geochemical techniques including stream sediment 
reconnaissance and x-ray diffraction analysis; land satellites; or any 
other methods the Secretary deems appropriate. The Secretary of 
the Interior is hereby authorized to conduct inventories or segments 
of inventories, such as data analysis activities, by contract with 
private entities deemed by the Secretary to be qualified to engage in 
such activities whenever the Secretary has determined that such 
contracts would decrease Federal expenditures and would produce 
comparable or superior results: Provided further, That in carrying 
out any such inventory or surveys, where National Forest System 
lands are involved, the Secretary of the Interior shall consult with 
the Secretary of Agriculture concerning any activities affecting 
surface resources: Provided further. That funds provided in this Act 
may be used by the Secretary of the Interior to issue oil and gas 
leases for the subsurface of any lands designated by Congress as 
wilderness study areas, that are immediately adjacent to producing 
oil and gas fields or areas that are prospectively valuable. Such 
leases shall allow no surface occupancy and may be entered only by 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-254 
directional drilling from outside the wilderness study area or other 
nonsurface disturbing methods. 
SEC. 308. None of the funds provided in this Act shall be used to 
evaluate, consider, process, or award oil, gas, or geothermal leases 
on Federal lands in the Mount Baker-Snoqualmie National Forest, 
State of Washington, within the hydrographic boundaries of the 
Cedar River municipal watershed upstream of river mile 21.6, 
the Green River municipal watershed upstream of river mile 61.0, 
the North Fork of the Tolt River proposed municipal watershed 
upstream of river mile 11.7, and the South Fork Tolt River munici-
pal watershed upstream of river mile 8.4. 
SEC. 309. No assessments may be levied against any program, 
budget activity, subactivity, or project funded by this Act unless 
such assessments and the basis therefor are presented to the 
Committees on Appropriations and are approved by such 
committees. 
SEC. 310. Employment funded by this Act shall not be subject to 
any personnel ceiling or other personnel restriction for permanent 
or other than permsment employment except as provided by law. 
SEC. 311. Notwithstanding any other provisions of law, the Sec-
retary of the Interior, the Secretary of Agriculture, the Secretary of 
Energy, and the Secretary of the Smithsonian Institution are au-
thorized to enter into contracts with State and local governmental 
entities, including local fire districts, for procurement of services in 
the presuppression, detection, and suppression of fires on any units 
within their jurisdiction. 
SEC. 312. None of the funds provided by this Act to the United 
States Fish and Wildlife Service may be obligated or expended to 
plan for, conduct, or supervise deer hunting on the Loxahatchee 
National Wildlife Refuge. 
SEC. 313. None of the funds made available to the Department of 
the Interior or the Forest Service during fiscal year 1988 by this or 
any other Act may be used to implement the proposed jurisdictional 
interchange program until enactment of legislation which au-
thorizes the jurisdictional interchange. 
SEC. 314. The Forest Service and Bureau of Land Management are 1
6 use 1
6
0
4 
to continue to complete as expeditiously as possible development of note. 
their respective Forest Land and Resource Mansigement Plans to 
r
? <
v . ,3 
meet all applicable statutory requirements. Notwithstanding the 
date in section 6(c) of the NFMA (16 U.S.C. 1600), the Forest Service, 
and the Bureau of Land Management under separate authority, 
may continue the management of lands within their jurisdiction 
under existing land and resource management plans pending the 
completion of new plans. Nothing shall limit judicial review of 
particular activities on these lands: Provided, however, That there 
shall be no challenges to any existing plan on the sole basis that the 
plan in its entirety is outdated, or in the case of the Bureau of Land 
Management, solely on the basis that the plan does not incorporate 
information available subsequent to the completion of the existing 
plan: Provided further, That any and all particular activities to be 
carried out under existing plans mav nevertheless be challenged. 
SEC. 315. The final rule published in the Federal Register on Federal 
September 16,1987, by the Health Resources and Services Adminis- Register, 
tration of the Public Health Service of the Department of Health Publication. 
and Human Services, relating to eligibility for the health care 
services of the Indian Health Service, shall not take effect before 
September 16, 1988, and no action may be taken before such day to 
101 STAT. 1329-255 
PUBLIC LAW 100-202—DEC. 22, 1987 
implement or administer such rule or to prescribe any other rule or 
regulation that has a similar effect. The grace period provided in 
section 36.33 of such published rule shall not terminate before 
March 16, 1989, and any other rule or regulation that has a similar 
effect shall provide for such a grace period which shall not expire 
before March 16,1989. 
SEC. 316. (a) Except as provided in subsection (b), the Secretary of 
Agriculture shall not transfer certain National Forest System land 
in the Black Hills National Forest, South Dakota, described as 
follows: 
TRACT 0043 (Hine)— 
Beginning at the north quarter corner section 16, township 1, 
north, range 6 east; Black Hills Meridian; 
thence westerly along the north line of the northwest quarter, 
section 16, to the east east west ¥256 corner; 
thence southerly along the west line of the east half east half 
northeast quarter northwest quarter 393.00 feet; 
thence due west to a point that is due south of the intersec-
tion of the north line of the northwest quarter, section 16, and 
line 20-21 of the Big Bend Placer (MS 1442); 
thence north to the intersection of the north line of the 
northwest quarter, section 16, and line 20-21 of the Big Bend 
Placer; 
thence northeasterly along line 20-21 to corner 20; 
thence northwesterly along line 19-20 to a point due north of 
the intersection of north line of the northwest quarter, section 
16, and line 20-21, MS 1442; 
thence north to a point which is due west of a point that is 
850.00 feet northerly along the west line of the southeast quar-
ter, section 9; 
thence east to the west line of the southeast quarter; 
thence southerly along the west line of the southeast quarter 
850.00 feet to the north quarter corner section 16, point of 
beginning, 
(b) The Secretary may transfer such portion of the Hine Tract 
described in subsection (a) necessary to remove the encroachment of 
the Hine cabin which is located on the boundary of the Hine Tract. 
Contracts. 
SEC. 317. Notwithstanding any other provision of law, the Sec-
retary of Energy is directed to notify the Appropriations Commit-
tees of the House and the Senate, the Energy and Natural Resources 
Committee of the Senate and the appropriate authorizing commit-
tees of the House of the Secretary's intent to enter into a binding 
contract for the sale of the Great Plains Coal Gasification Plant in 
Beulah, North Dakota: Provided, That such notification shall be 
received by the above-referenced committees at least thirty (30) 
calendar days before the agreement is effective: Provided 
further. 
That such notification shall include a detailed description as to the 
terms and conditions of the sale, including, but not limited to, the 
purchase price, the name of the prospective purchaser, the basis for 
agreeing to the sale, and a statement of commitment signed by an 
authorized individual of the purchaser for continued long-term oper-
ation of the facility at a rate and for a period determined appro-
priate and reasonable by the Secretary. 
18 use 208 note. 
SEC. 318. Notwithstanding any other provision of law, for the 
purposes of section 208 of title 18, United States Code, "particular 
matter", as applied to employees of the Department of the Interior 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-256 
and the Indian Health Service, shall mean "particular matter 
involving specific parties". 
SEC. 319. (a) From funds appropriated under this Act such sums as 
are necessary shall be made available to pay forest firefighters 
premium pay under the provisions of subchapter V of chapter 55 of 
title 5, United States Code (notwithstanding the limitations of sec-
tion 5547 of such title), for all premium pay— 
(1) that would have been paid to such forest firefighter 
employees, but for the provisions of section 5547 of such title, 
for all pay periods (and parts thereof) occurring during the 
period beginning on January 1, 1987, through September 30, 
1987; and 
(2) earned by such forest firefighter employees in the fiscal 
year ending on September 30,1988. 
Ot)) Notwithstanding the provisions of subsection (a), no forest 
firefighter employee may be paid premium pay to the extent that 
the aggregate rate of pay of such employee for the aggregate of all 
pay periods in any calendar year exceeds the maximum rate for GS-
15 as provided under the General Schedule pursuant to subchapter 
III of chapter 53 of title 5, United States 0)de. 
(c) For purposes of this section, the term "forest 
firefighter" 
means any employee of the Department of Agriculture or the 
Department of the Interior who is assigned to, or in support of, work 
on forest wildfire emergencies. 
This Act may be cited as the "Department of the Interior and 
Related Agencies Appropriations Act, 1988". 
(h) Such amounts as may be necessary for programs, projects or 
activities provided for in the Labor, Health and Human Services, 
and Education, and Related Agencies Appropriations Act, 1988, at a 
rate of operations and to the extent and in the manner provided for, 
the provisions of such Act to be effective as if it had been enacted 
into law as the regular appropriations Act, as follows: 
AN ACT 
Making appropriations for the Depcutments of Labor, Health and Human Services, 
and Education, and Related Agencies, for the fiscal year ending September 30, 
1988, and for other purposes. 
TITLE I—DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
PROGRAM ADMINISTRATION 
For expenses of administering employment and training pro-
grams, $70,872,000 together with not to exceed $44,380,000 which 
may be expended from the Employment Security Administration 
account in the Unemployment Trust Fund. 
TRAINING AND EMPLOYMENT SERVICES 
For expenses necessary to carry into effect the Job Training 
Partnership Act, including the purchase and hire of passenger 
motor vehicles, $3,658,651,000 plus reimbursements, to be available 
for obligation for the period July 1, 1988, through June 30, 1989, of 
which $59,713,000 shall be for carrying out section 401, $65,572,000 
shall be for carrying out section 402, $9,966,000 shall be for carrying 
Departments of 
Labor, 
Health and 
Human 
Services, and 
Education, 
and Related 
Agencies 
Appropriations 
Act, 1988. 
Department of 
Labor 
Appropriations 
Act, 1988. 
101 STAT. 1329-257 
PUBLIC LAW 100-202—DEC. 22, 1987 
out section 441, $1,915,000 shall be for the National Commission for 
Employment Policy, $3,830,000 shall be for all activities conducted 
by and through the National Occupational Information Coordinat-
ing Committee under the Job Training Partnership Act, and 
$7,659,000 shall be for service delivery areas under section 
i01(aX4XAXiii) of the Job Training Partnership Act in addition to 
amounts otherwise provided under sections 202 and 251(b) of the 
Act: Provided, That no funds from any other appropriation shall be 
used to provide meal services at or for Job Corps centers. 
For necessary expenses of construction, rehabilitation, and ac-
quisition of Job Corps centers as authorized by the Job Training 
Partnership Act, $89,038,000, to be available for obligation for the 
period July 1,1988 through June 30,1991. 
For activities authorized by sections 236, 237, and 238 of the Trade 
Act of 1974, as amended, including necessary related administrative 
expenses, $47,870,000. 
For activities authorized by title VII, subtitle C of the Stewart B. 
McKinney Homeless Assistance Act, $9,574,000, of which $1,915,000 
shall be for carrying out section 738 of the Act. 
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 (IXA) of section 506(a) of title V of the Older Americans 
Act of 1965, as amended, $258,383,000. 
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, $72,877,000. 
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES 
For payments during the current fiscal year of benefits and 
payments as authorized by title II of Public Law 95-250, as 
amended, and of trade adjustment benefit pa3mients and allowances, 
as provided by law (part I, subchapter B, chapter 2, title II of the 
Trade Act of 1974, as amended), $141,000,000, 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: Provided, That amounts received or recov-
ered pursuant to section 208(e) of Public Law 95-250 shall be 
available for payments. 
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE 
OPERATIONS 
For activities authorized by the Act of June 6, 1933, as amended 
(29 U.S.C. 49-491-1; 39 U.S.C. 3202(aXlXE)); title III of the Social 
Security Act, as amended (42 U.S.C. 502-504); necessary administra-
tive expenses for carrying out 5 U.S.C. 8501-8523, and sections 231-
235 and 243-244, title II of the Trade Act of 1974, as amended; as 
authorized by section 7c of the Act of June 6, 1933, as amended, 
necessary administrative expenses under sections 101(aX15XHXii), 
212(aX14), and 216(^X1X2X3) of the Immigration and Nationality Act, 
as amended (8 U.S.C. 1101 et seq.); and necessary administrative 
expenses to carry out the Targeted Jobs Tax Credit program under 
section 51 of the Internal Revenue Code of 1986, $22,403,000, to-
gether with not to exceed $2,418,405,000 which may be expended 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-258 
from the Employment Security Administration account in the Un-
employment Trust Fund, and of which the sums available in the 
basic allocation for activities authorized by title III of the Social 
Security Act, as amended (42 U.S.C. 502-504), and the sums avail-
able in the basic 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, 1988, and of which $21,733,000 
together with not to exceed $701,296,000 of the amount which may 
be expended from said trust fund shall be available for obligation for 
the period July 1, 1988, through June 30, 1989, to fund activities 
under section 6 of the Act of June 6,1933, as amended, including the 
cost of penalty mail made available to States in lieu of allotments 
for such purpose and of which $175,076,000 (including not to exceed 
$4,404,000 which may be used for amortization payments to States 
which had independent retirement plans in their State employment 
service agencies prior to 1980) shall be available only to the extent 
necessary to administer unemployment compensation laws to meet 
increased costs of administration resulting from changes in a State 
law or increases in the number of unemployment insurance claims 
filed and claims paid or increased salary costs resulting from 
changes in State salary compensation plans embracing employees of 
the State generally over those upon which the State s basic alloca-
tion was based, which cannot be provided for by normal budgetanr 
adjustments based on State obligations as of December 31, 1988. 
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS 
For repayable advances to the Unemployment Trust Fund as 
authoriz^ by sections 905(d) and 1203 of the Social Security Act, as 
amended, and to the Black Lung Disability Trust Fund as au-
thorized by section 9501(cXl) 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, 1989; $30,000,000. 
LABOR-MANAGEMENT SBRVICES 
SALARIES AND EXPENSES 
For 
necessary 
expenses 
for 
Labor-Management 
Services, 
$76,776,000, of which $12,063,000 for a pension plan data base shall 
remain available until September 30,1989. 
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 sec-
tion 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, 1988, 
for such Corporation: Provided, That not to exceed $38,329,000 shall 
be available for administrative expenses of the Corporation. 
101 STAT. 1329-259 
PUBLIC LAW 100-202—DEC. 22, 1987 
f-J *
• "
^ 
EMPLOYMENT STANDARDS ADMINISTRATION 
" * 
SALARIES AND EXPENSES 
For necessary expenses for the Employment Standards Adminis-
tration, including reimbursement to State, Federal, and local agen-
cies and their 
employees for 
inspection 
services 
rendered, 
$207,709,000, of which not to exceed $7,659,000 shall be available for 
obligation through September 30, 1989, for acquisition of computer 
equipment and software for the Federal Employees' Compensation 
Program's ADP system, together with $467,000 which may be ex-
pended from the Special Fund in accordance with sections 39(c) and 
44(j) of the Longshore and Harbor Workers' Compensation Act. 
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 V, chapter 81 of the United States 
Code; continuation of benefits as provided for under the head "Ci-
vilian War Benefits" in the Federal Security Agency Appropriation 
Act, 1947; the Employees' Compensation Commission Appropriation 
Act, 1944; and sections 4(c) and 5(0 of the War Claims Act of 1948 (50 
U.S.C. App. 2012); and 50 per centum of the additional compensation 
and benefits required by section 10(h) of the Longshore and Harbor 
Workers' Compensation Act, as amended, $174,000,000, 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 September 15 of the 
current year: Provided, That in addition there shall be transferred 
from the Postal Service fund to this appropriation such sums as the 
Secretary of Labor determines to be the cost of administration for 
Postal Service employees through September 30,1988. 
BLACK LUNG DISABILITY TRUST FUND 
(INCLUDING TRANSFER OF FUNDS) 
For pa5mients from the Black Lung Disability Trust Fund, 
$649,169,000, of which $594,522,000 shall be available until Septem-
ber 30, 1989, for payment of all benefits as authorized by section 
9501(d) (1), (2), and (7) of the Internal Revenue Code of 1954, as 
amended, and of which $28,217,000 shall be available for transfer to 
Employment Standards Administration, Salaries and Expenses, and 
$25,924,000 for transfer to Departmental Management, Salaries and 
Expenses, and $506,000 for transfer to Departmental Management, 
Office of Inspector General, for expenses of operation and adminis-
tration of the Black Lung Benefits program as authorized by section 
9501(dX5XA) of that Act: Provided, That in addition, such amounts 
as may be necessary may be charged to the subsequent year appro-
priation for the pajrment of compensation or other benefits for any 
period subsequent to June 15 of the current year: Provided further. 
That in addition, there are hereby appropriated such amounts as 
may be necessary to repay advances from the Treasury that are not 
needed to make disbursements during the current fiscal year, as 
authorized by section 9501(dX4) of that Act: Provided further. That 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-260 
in addition, such amounts shall be paid from this fund into mis-
cellaneous receipts as the Secretary of the Treasury determines to 
be the administrative expenses of the Department of the Treasury 
for administering the fund during the current fiscal year, as au-
thorized by section 9501(dX5XB) of that Act. 
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Occupational Safety and Health 
Administration, $235,474,000, including not to exceed $40,524,000, 
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 fifty 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: Provided, That none of 
the funds appropriated under this paragraph shall be obligated or 
expended for the assessment of civil penalties issued for first in-
stance violations of any standard, rule, or regulation promulgated 
under the Occupational Safety and Health Act of 1970 (other than 
serious, willful, or repeated violations under section 17 of the Act) 
resulting from the inspection of any establishment or workplace 
subject to the Act, unless such establishment or workplace is cited, 
on the basis of such inspection, for ten or more violations: Provided 
further. That none of the funds appropriated under this paragraph 
shall bie obligated or expended to prescribe, issue, administer, or 
enforce any standard, rule, regulation, or order under the Occupa-
tional 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 em-
ployees: 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, order or 
administrative action under the Occupational Safety and Health 
Act of 1970 affecting any work activity by reason of recreational 
hunting, shooting, or fishing: Provided further, That no funds appro-
priated under this paragraph shall be obligated or expended to 
administer or enforce any standard, rule, regulation, or order under 
the 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 work day case rate, at 
the most precise Standard Industrial Classification Code for which 
such data are published, less than the nationsd 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, tech-
nical assistance, educational and training services, and to con-
duct 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; 
101 STAT. 1329-261 
PUBLIC LAW 100-202—DEC. 22, 1987 
(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 five or more 
employees, and to take any action pursuant to such investiga-
tion 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 em-
ployees: Provided further. That none of the funds appropriated 
under this paragraph shall be obligated or expended for the proposal 
or assessment of any civil penalties for the violation or alleged 
violation by an employer of ten or fewer employees of any standard, 
rule, regulation, or order promulgated under the Occupational 
Safety and Health Act of 1970 (other than serious, willful or re-
peated violations and violations which pose imminent danger under 
section 13 of the Act) if, prior to the inspection which gives rise to 
the alleged violation, the employer cited has (1) voluntarily re-
quested consultation under a program operated pursuant to section 
7(cXl) or section 18 of the Occupational Safety and Health Act of 
1970 or from a private consultative source approved by the Adminis-
tration and (2) had the consultant examine the condition cited and 
(3) made or is in the process of making a reasonable good faith effort 
to eliminate the hazard created by the condition cited as such, which 
was identified by the aforementioned consultant, unless changing 
circumstances or workplace conditions render inapplicable the 
advice obtained from such consultants: Provided further. That none 
of the funds appropriated under this paragraph may be obligated or 
expended for any State plan monitoring visit by the Secretary of 
Labor under section 18 of the Occupational Safety and Health Act of 
1970, of any factory, plant, establishment, construction site, or other 
area, workplace or environment where such a workplace or environ-
ment has been inspected by an employee of a State acting pursuant 
to section 18 of such Act within the six months preceding such 
inspection: Provided further. That this limitation does not prohibit 
the Secretary of Labor from conducting such monitoring visit at the 
time and place of an inspection by an employee of a State acting 
pursuant to section 18 of such Act, or in order to investigate a 
complaint about State program administration including a failure to 
respond to a worker complaint regarding a violation of such Act, or 
in order to investigate a discrimination complaint under section 
11(c) of such Act, or as part of a special study monitoring program, 
or to investigate a fatality or catastrophe: Provided further. That 
none of the funds appropriated under this paragraph may be obli-
gated or expended for the inspection, investigation, or enforcement 
of any activity occurring on the Outer Continental Shelf which 
exceeds the authority granted to the Occupational Safety and 
Health Administration by any provision of the Outer Continental 
Shelf Lands Act, or the Outer Continental Shelf Lands Act Amend-
ments of 1978. 
, 
.- 
- 
^™ . 
„ , - , . - » 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-262 
MINE SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Mine Safety and Health Adminis-
tration, $160,193,000, including purchase and bestowal of certificates 
and trophies in connection with mine rescue and first-aid work, and 
the purchase of not to exceed sixty passenger motor vehicles for 
replacement only; the Secretary is authorized to accept lands, build- 30 USC 962. 
ings, 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 Administra-
tion 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 avail-
able 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 major disaster: Provided, That none of the 
funds appropriated under this paragraph shall be obligated or ex-
pended to carry out section 115 of the Federal Mine Safety and 
Health Act of 1977 or to carry out that portion of section 104(gXl) of 
such Act relating to the enforcement 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. 
BUREAU OF LABOR STATISTICS 
SALARIES AND EXPENSES 
For necessary expenses for the Bureau of Labor Statistics, includ-
ing advances or reimbursements to State, Federal, and local agen-
cies and their employees for services rendered, $176,481,000, of 
which $8,793,000 shall be for expenses of revising the Consumer 
Price Index, together with not to exceed $41,569,000, which may be 
expended from the Employment Security Administration account in 
the Unemployment Trust Fund: Provided, That $7,366,000 shall 
remain available until September 30,1989. 
DEPARTMENTAL MANAGEMENT 
SALARIES AND EXPENSES 
For necessary expenses for Departmental Management, including 
the hire of 5 sedans, and including $2,434,000 for the President's 
Committee on Emplo3rment of the Handicapped, $114,929,000, to-
gether with not to exceed $274,000 which may be expended from the 
Emplo3rment Security Administration account in the Unemploy-
ment Trust Fund. 
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING 
Not to exceed $139,614,000 may be derived from the Emplo3rment 
Security Administration account in the Unemployment Trust Fund 
to carry out the provisions of 38 U.S.C. 2001-08 and 2021-26. 
101 STAT. 1329-263 
PUBLIC LAW 100-202—DEC. 22, 1987 
Department of 
Health and 
Human Services 
Appropriations 
Act, 1988. 
OFFICE OF THE INSPECTOR GENERAL 
For salaries and expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector Greneral Act of 1978, 
$37,051,000, together with not to exceed $6,201,000, which may be 
expended from the Employment Security Administration account in 
the Unemployment Trust Fund. 
GENERAL PROVISIONS 
SEC. 101. Appropriations in this Act available for salaries and 
expenses shall be available for supplies, services, and rental of 
conference space within the District of Columbia, as the Secretary of 
Labor shall deem necessary for settlement of labor-management 
disputes. 
SEC. 102. None of the funds appropriated under this Act shall be 
used to grant variances, interim orders or letters of clarification to 
employers which will allow exposure of workers to chemicals or 
other workplace hazards in excess of existing Occupational Safety 
and Health Administration standards for the purpose of conducting 
experiments on workers health or safety. 
SEC. 103. None of the funds appropriated in this Act shall be 
obligated or expended for the purpose of closing any Job Corps 
Center operating under part B of title IV of the Job Training 
Partnership Act prior to January 1,1989. 
SEC. 104. Notwithstanding any other provision of this Act, no 
funds appropriated by this Act may be used to execute or carry out 
any contract with a non-governmental entity to administer or 
manage a Civilian Conservation Center of the Job Corps which was 
not under such a contract as of September 1,1984. 
SEC. 105. None of the funds appropriated in this Act shall be used 
by the Job Corps progrsim to pay the expenses of legal counsel or 
representation in any criminal case or proceeding for a Job Corps 
participant, unless certified to and approved by the Secretary of 
Labor that a public defender is not avaUable. 
This title may be cited as the "Department of Labor Appropria-
tions Act, 1988". 
TITLE II—DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
HEALTH RESOURCES AND SERVICES ADMINISTRATION 
HEALTH RESOURCES AND SERVICES 
For carrying out titles III, VI, VII, VIII, X, XVI, and XXIII of the 
Public Health Service Act, section 427(a) of the Federal Coal Mine 
Health and Safety Act, title V of the Social Security Act, and the 
Stewart B. McKinney Homeless Assistance Act, $1,551,478,000, of 
which not to exceed $718,000 to remain available until expended, 
shall be available for renovating the Gillis W. Long Hansen's Dis-
ease Center, 42 U.S.C. 247e, and of which $96,000 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 $6,702,000 shall be made available 
until expended to make grants under section 1610(b) of the Public 
Health Service Act for renovation or construction of non-acute care 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-264 
intermediate and long term care facilities for AIDS patients: Pro-
vided, That grants made under the Excellence in Minority Health 
Education and Care Act shall he awarded competitively and, not-
withstanding section 788A, any university which awards a graduate 
d^pree in the health professions and which has a msgority enroll-
ment of minority students shall be eligible to apply and compete for 
a grant: Provided further. That the total principal amount of Fed-
eral loan insurance available under section 728 of the Public Health 
Service Act during fiscal year 1988 shall be granted by the Secretary 
of Health €md Human Services without regard to any apportion-
ment or other similar limitation: Provided further. That when the 
Department of Health and Human Services administers or operates 
an employee health program for any Federal department or agency, 
payment for the full estimated cost shall be made by way of re-
imbursement or in advances to this appropriation. 
For carrying out subpart 2 of part A of title XIX of the Public 
Health Service Act, $4,787,000 to be available June 1,1988. 
MEDICAL FACnJTIES GUARANTEE AND LOAN FUND 
FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES 
For carrying out subsections (d) and (e) of section 1602 of the 
Public Hesdth Service Act, $22,000,000, t(^ther with any amounts 
received by the Secretary in connection with loans and loan guaran-
tees 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. 
CENTERS FOR DISEASE CONTROL 
DISEASE CONTROL, RESEARCH, AND TRAINING 
To carry out titles m, XVII, and XIX and section 1102 of the 
Public Health Service Act, sections 101,102,103, 201, 202, and 203 of 
the Federal Mine Safety and Health Act of 1977, and sections 20, 21, 
and 22 of the Occupational Safety and Health Act of 1970; including 
insurance of official motor vehicles in foreign countries; €uid hire, 
maintenance, and operation of aircraft, $771,772,000, of which 
$1,915,000 shall remam available until expended for equipment and 
construction and renovation of facilities: Provided^ That training 
shall be made subject to reimbursement or advances to this appro-
priation for not in excess of the full cost of such training: Provided 
further. That funds appropriated under this heading shcdl be avail-
able for payment of the costs of medical care, related expenses, and 
burial expenses hereafter incurred by or on behalf of any person 
who had participated in the study of untreated syphilis initiated in 
Tuskegee, Alabama, in 1932, in such amounts and subject to such 
terms and conditions as prescribed by the Secretary of Health and 
Human Services and for payment, in such amounts and subject to 
such terms and conditions, of such costs and expenses hereafter 
incurred by or on behalf of such person's wife or offspring deter-
mined by the Secretary to have suffered ii\jury or disease from 
syphilis contracted from such person: Provided further. That collec-
tions from user fees, including collections from training and re-
imbursements and advances for the full cost of proficiency testing of 
private clinical laboratories, may be credited to this appropriation: 
note. 
101 STAT. 1329-265 
PUBLIC LAW 100-202—DEC. 22, 1987 
Provided further, That the General Services Administration is di-
rected to construct under their lease purchase authority, a 100,000 
net sq. ft. office building at the CDC Clifton Road site in Atlanta, 
Georgia and the laboratory facility in Chamblee, Georgia, designed 
with the funds which Congress provided to the Centers for Disease 
Control in the fiscal year 1987 Department of Labor, Health and 
Human Services, and Education, and Related Agencies Appropria-
tion. CDC is to reimburse GSA for the annual lease payment: 
Provided further. That employees of the Public Health Service, both 
civilian and Commissioned Officer, detailed to States or municipali-
ties as assignees under authority of section 214 of the PHS Act in 
the instance where in excess of 50 percent of salaries and benefits of 
the assignee is paid directly or indirectly by the State or municipal-
ity shall be treated as non-Federal employees for reporting purposes 
only. In addition, the full-time equivalents for organizations within 
the Department of Health and Human Services shall not be reduced 
to accommodate implementation of this provision: Provided further, 
f2 ysc 247c 
That the Director shall cause to be distributed without necessary 
clearance of the content by any official, organization or office, an 
AIDS mailer to every American household by June 30, 1988, as 
approved and funded by the Congress in Public Law 100-71. 
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, $1,469,327,000. 
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE 
For carrying out section 301, title IV, and section 1105 of the 
Public Health Service Act with respect to cardiovascular, lung, and 
blood diseases, and blood and blood products, $965,536,000. 
NATIONAL INSTITUTE OF DENTAL RESEARCH 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental diseases, $126,297,000. 
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 dis-
eases, $534,733,000. 
NATIONAL INSTITUTE OF NEUROLOGICAL AND COMMUNICATIVE 
DISORDERS AND STROKE 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological and communicative dis-
orders and stroke, $534,692,000. 
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES 
For carrjdng out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$638,800,000. 
^.,» ^.. ^-^^-.,„.^ ..... ,,.,.. ,......^..,...,...,. .............. .^«.. .^^ 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-266 
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, $632,676,000. 
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, 
$396,811,000. 
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, 
$224,947,000. 
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, 
$215,666,000. 
NATIONAL INSTITUTE ON AGING 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $194,746,000. 
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, $147,679,000. 
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, $368,153,000, of which $23,935,000 shall remain 
available until expended to provide for the repair, renovation, mod-
ernization, and expansion of existing facilities and purchase of 
associated equipment, and to make grants and enter into contracts 
for such purposes: Provided, That none of these funds, with the 
exception of funds for the Minority Biomedical Research Support 
program, shall be used to pay recipients of the general research 
support grants program any amount for indirect expenses in connec-
tion with such grants. 
NATIONAL CENTER FOR NURSING RESEARCH 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $23,380,000. 
JOHN E. FOGARTY INTERNATIONAL CENTER 
' " 
For carrying out the activities at the John E. Fogarty Inter-
national Center, $15,651,000, of which $1,852,000 shall be available 
for pajrment to the Gorgas Memorial Institute for maintenance and 
operation of the Gorgas Memorial Laboratory. 
101 STAT. 1329-267 
PUBLIC LAW 100-202—DEC. 22, 1987 
NATIONAL UBRARY OF MEDICINE 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$67,910,000. 
.,, .^ i 
OFFICE OF THE DIRECTOR 
,_, , „ ,„.,^ ,: „ 
For carrying out the responsibilities of the Office of the Director, 
National Institutes of Health, $61,819,000, including purchase of not 
to exceed six passenger motor vehicles for replacement only. 
BUILDINGS AND FACILITIES 
For construction of, and acquisition of sites and equipment for, 
facilities of or used by the National Institutes of Health, $47,870,000, 
to remain available until expended. 
ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION 
ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH 
For carrying out the Public Health Service Act with respect to 
mental health, drug abuse, alcohol abuse, and alcoholism and the 
Protection and Advocacy for Mentally 1
1
1 Individuals Act of 1986, 
$1,373,727,000 of which $4,787,000 shall be available, on a pro rata 
basis, for grants to the States for State comprehensive mental 
health services plans pursuant to title V of Public Law 99-660 (100 
Stat. 3794-3797), and of which $191,000 for renovation of govern-
ment owned or leased intramural research fapilities shall remain 
avsdlable until expended. 
FEDERAL SUBSIDY FOR SAINT EUZABETHS HOSPITAL 
(INCLUDING TRANSFER OF FUNDS) 
To carry out the Saint Elizabeths Hospital and District of Colum-
bia Mental Health Services Act, $62,793,000, together with any 
unobligated balances from "Saint Elizabeths Hospital, Construction 
and Renovation" (except those balances determined by the Sec-
retary of Health and Human Services to be necessary to carry out 
existing Federal renovation contracts), all of which shall be avail-
able in fiscal year 1988 for payments to the District of Columbia as 
authorized by sections 2, 4, and 9 of the Act; and in addition, 
$2,609,000 which shall be available through September 30, 1989 for 
Federal activities authorized by sections 6 and 9 of the Act: Pro-
vided, That funds appropriated under this heading may be used for 
multi-year contracts with the District of Columbia for maintenance 
of Saint Elizabeths Hospital: Provided further. That any amounts 
determined by the Secretary of Health and Human Services to be in 
excess of the amounts requested and estimated to be necessary to 
carry out sections 6 and 9(fX2) of the Act shall be returned to the 
Treasury. 
24 use 170a. 
In fiscal year 1988 the msiximum amount available to Saint 
Elizabeths Hospital from Federal sources shall not exceed the total 
of the following amounts: the appropriations made under this head-
ing, amounts billed to Federal agencies and entities by the District 
of Columbia for services provided at Saint Elizabeths Hospital, and 
amounts authorized by titles XVIII and XIX of the Social Security 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-268 
Act. This maximum amount shall not include Federal funds appro-
priated to the District of Columbia under "Federal Payment to the 
District of Columbia" and payments made pursuant to section 9(c) of 
Public Law 98-621. Amounts chargeable to and available from 24 USC I68b. , 
Federal sources for inpatient and outpatient services provided 
through Saint Elizabeths Hospital as authorized by 24 U.S.C. 191, 
196, 211, 212, 222, 253, and 324; 31 U.S.C. 1535; and 42 U.S.C. 249 and 
251 shall not exceed the estimated total cost of such services as 
computed using only the proportionate amount of the direct Federal 
subsidy appropriated under this heading. 
OFFICE OF ASSISTANT SECRETARY FOR HEALTH 
PUBUC HEALTH SERVICE MANAGEMENT 
For the expenses necessary for the Office of the Assistant Sec-
retary for Health and for carrying out titles III, XVII, and XX of the 
Public Health Service Act, $106,737,000, together with not to exceed 
$1,005,000 to be transferred and expended as authorized by section 
201(g) of the Social Security Act from the Federal Hospital Insur-
ance and the Federal Supplementary Medical Insurance Trust 
Funds referred to therein and $1,915,000 to be transferred and 
expended for patient outcome assessment research as authorized by 
section 9316 of Public Law 99-509, of which $1,245,000 will come 
from the Federal Hospital Insurance Trust Fund and $670,000 will 
come from the Federal Supplementary Medical Insurance Trust 
Fund, and, in addition, amounts received from Freedom of Informa-
tion 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 in addition to 
amounts provided herein, up to $15,318,000 shall be available from 
amounts available under section 2313 of the Public Health Service 
Act, to carry out the National Medical Expenditure Survey and 
$5,827,000 shall be available from amounts available under section 
2313 of the Public Health Service Act, to carry out the National 
Health and Nutrition Examination Survey. 
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS 
For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, and for payments 
under the Retired Serviceman's Family Protection Plan and Survi-
vor Benefit Plan and for medical care of dependents and retired 
personnel under the Dependents' Medical Care Act (10 U.S.C. ch. 
55), such amounts as may be required during the current fiscal year. 
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, $22,946,000,000, to remain avaUable until 
expended. 
For making, after May 31, 1988, payments to States under title 
XIX of the Social Security Act for the last quarter of fiscal year 1988 
for unanticipated costs, incurred for the current fiscal year, such 
sums as may be necessary. 
101 STAT. 1329-269 
PUBLIC LAW 100-202—DEC. 22, 1987 
Payment under title XIX may be made for any quarter beginning 
after June 30, 1987, and before October 1, 1988, with respect to any 
State plan or plan amendment in effect during any such quarter, if 
submitted in, or prior to such quarter and approved in that or any 
such subsequent quarter. 
For making payments to States under title XIX of the Social 
Security Act for the first quarter of fiscal year 1989, $8,000,000,000, 
to remain available until expended. 
PAYMENTS TO HEALTH CARE TRUST FUNDS 
For pa3mient 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, and section 
278(d) of Public Law 97-248, $25,893,000,000. 
PROGRAM MANAGEMENT 
For carrying out, except as otherwise provided, titles XI, XVIII, 
and XIX of the Social Security Act, $98,211,000, together with not to 
exceed $1,373,585,000 to be transferred to this appropriation as 
authorized by section 201(g) of the Social Security Act, from the 
Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds referred 
to therein: Provided, 
That 
$105,314,000 of said trust funds shall be expended only to the extent 
necessary to process workloads not anticipated in the budget esti-
mates, including the cost of administration of catastrophic health 
insurance if enacted into law, and to meet unanticipated costs of 
agencies or organizations with which agreements have been made to 
participate in the administration of title XVIII and after maximum 
absorption of such costs within the remainder of the existing limita-
tion has been achieved: Provided further. That all funds derived in 
accordance with 31 U.S.C 9701, are to be credited to this 
appropriation. 
SOCIAL SECURITY ADMINISTRATION 
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS 
For pajonent to the Federal Old-Age and Survivors Insurance and 
the Federal Disability Insurance Trust Funds, as provided under 
sections 201(m), 217(g), 228(g), and 113ia)X2) of the Social Security 
Act and section 152 of Public Law 98-21, $105,298,000. 
SPECIAL BENEFITS FOR DISABLED COAL MINERS 
For carrying out title IV of the Federal Mine Safety and Health 
Act of 1977, including the pa3anent of travel expenses on an actual 
cost or commuted basis, to an individual, for travel incident to 
medical examinations, and when travel of more than 75 miles is 
required, to parties, their representatives, and all reasonably nec-
essary witnesses for travel within the United States, Puerto Rico, 
and the Virgin Islands, to reconsideration interviews and to proceed-
ings before administrative law judges, $663,452,000, to remain avail-
able until expended: Provided, That monthly benefit pa3rments shall 
be paid consistent with section 215(g) of the Social Security Act. 
For making, after July 31, of the current fiscal year benefit 
pa3anents to individuals under title IV of the Federal Mine Safety 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-270 
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 
1989, $250,000,000, to remain available until expended. 
SUPPLEMENTAL SECURITY INCOME PROGRAM 
For carrying out the Supplemental Security Income Program, 
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 in-
curred pursuant to section 201(gXl) of the Social Security Act, 
$9,535,384,000, 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. 
For making, after July 31 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 carrying out the Supplemental Security Income Program for 
the first quarter of fiscal year 1989, $3,000,000,000, to remain avail-
able until expended. 
UMITATION ON ADMINISTRATIVE EXPENSES 
For necessary expenses, not more than $3,524,114,000, may be 
expended, as authorized by section 201(gXl) of the Social Security 
Act, from any one or all of the trust funds referred to therein: 
Provided, That travel expense payments under section 1631(h) of 42 use 1383 
such Act for travel to hearings may be made only when travel of 
more than seventy-five miles is required: Provided further, That 
$47,870,000 of the foregoing amount shall be apportioned for use 
only to the extent necessary to process workloads not anticipated in 
the budget estimates, for automation projects and their impact on 
the work force, and to meet mandatory increases in costs of agencies 
or organizations with which agreements have been made to partici-
pate in the administration of titles XVI and XVIII and section 221 of 
the Social Security Act, and after mgiximum absorption of such costs 
within the remainder of the existing limitation has been achieved: 
Provided further, That not to exceed $53,040,000 for automatic data 
processing and telecommunications activities shall remain available 
until expended: Provided further. That none of the funds appro-
priated by this Act may be used for the manufacture, printing, or 
procuring of social security cards, as provided in section 205(c)(2)(D) 
of the Social Security Act, where paper and other materials used in 
the manufacture of such cards are produced, manufactured, or 
assembled outside of the United States. 
j 
FAMILY SUPPORT ADMINISTRATION 
FAMILY SUPPORT PAYMENTS TO STATES 
For making pajntnents to States or other non-Federal entities, 
except as otherwise provided, under titles I, IV-A and -D, X, XI, 
XrV, and XVI of the Social Security Act and the Act of July 5, 1960 
(24 U.S.C., ch. 9), $8,644,385,000, to remain available until expended. 
note. 
101 STAT. 1329-271 
PUBLIC LAW 100-202—DEC. 22, 1987 
For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-A and -D, X, 
XIV, and XVI of the Social Security Act, for the last three months of 
the current year for unanticipated costs, incurred for the current 
fiscal year, such sums as may be necessary. 
For making payments to States or other non-Federal entities 
under titles I, IV-A and -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 
first quarter of fiscal year 1989, $2,500,000,000, to remain available 
until expended. 
LOW INCOME HOME ENERGY ASSISTANCE 
For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,531,840,000. 
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), $346,933,000. 
WORK INCENTIVES 
For carrying out a work incentive program, as authorized by part 
C of title IV of the Social Security Act, including registration of 
individuals for such programs, and for related child care and other 
supportive services, as authorized by section 402(a)(19)(G) of the Act, 
including transfer to the Secretary of Labor, as authorized by 
section 431 of the Act, $92,551,000 which shall be the maximum 
amount available for transfer to the Secretary of Labor and to which 
the States may become entitled pursuant to section 403(d) of such 
Act, for these purposes. 
COMMUNITY SERVICES BLOCK GRANT 
For making payments under the Community Services Block Grant 
Act, section 408 of Public Law 99-425 and the Stewart B. McKinney 
Homeless Assistance Act, $382,290,000 of which $18,909,000 shall be 
for carrying out section 681(aX2XA), $3,925,000 shall be for carrying 
out section 681(aX2XD), $2,968,000 shall be for carrying out section 
681(aX2XE), $6,319,000 shall be for carrying out section 681(aX2XF), 
$239,000 shall be for carrying out section 681(aX3), $2,872,000 shall 
be for carrying out section 408 of Public Law 99-425 and $2,394,000 
shall be for carrying out section 681A with resp)ect to the community 
food and nutrition program. 
PROGRAM ADMINISTRATION 
For necessary administrative expenses to carry out titles I, IV, X, 
XI, XIV, and XVI of the Social Security Act, the Act of July 5, 1960 
(24 U.S.C, ch. 9), title XXVI of the Omnibus Budget Reconciliation 
Act of 1981, the Community Services Block Grant Act, the Stewart 
B. McKinney Homeless Assistance Act, title IV of the Immigration 
and Nationality Act and section 501 of the Refugee Eklucation 
Assistance Act of 1980, $79,464,000. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-272 
ASSISTANT SECRETARY FOR HUMAN DEVELOPMENT SERVICES 
SOCIAL SERVICES BLOCK GRANT 
For 
carrying 
out the 
Social 
Services Block Grant 
Act, 
$2,700,000,000. 
HUMAN DEVELOPMENT SERVICES 
For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Older Americans Act of 1965, the Devel-
opmental Disabilities Assistance and Bill of Rights Act, the Child 
Abuse Prevention and Treatment Act, section 404 of Public Law 98-
473, the Family Violence Prevention and Services Act (title III of 
Public Law 98-457), the Native Americans Programs Act, title II of 
Public Law 95-266 (adoption opportunities), title II of the Children's 
Justice and Assistance Act of 1986, chapter 8-D of title VI of the 
Omnibus Budget Reconciliation Act of 1981 (pertaining to grants to 
States for planning and development of dependent care programs), 
the Head Start Act, the Child Development Associate Scholarship 
Assistance Act of 1985, and part B of title IV and section 1110 of the 
Social Security Act, $2,455,532,000. 
FAMILY SOCIAL SERVICES 
For carrying out part E of title IV of the Social Security Act, 
$811,178,000. 
DEPARTMENTAL MANAGEMENT 
^' 
GENERAL DEPARTMENTAL MANAGEMENT 
For necessary expenses, not otherwise provided, for general de-
partmental management, including hire of six medium sedans, 
$67,840,000, together with not to exceed $6,702,000 to be transferred 
and expended as authorized by section 201(gXl) of the Social Secu-
rity Act from any one or all of the trust funds referred to therein, of 
which $4,308,000 shall be for construction and fixed equipment for 
the Mary Babb Randolph Center in West Virginia. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses necessary for the Office of the Inspector General, 
$35,769,000, together with not to exceed $38,296,000 to be trans-
ferred and expended as authorized by section 201(gXl) of the Social 
Security Act from any one or all of the trust funds referred to 
therein. 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil Rights, $16,343,000, 
together with not to exceed $3,830,000 to be transferred and ex-
pended as authorized by section 201(gXl) of the Social Security Act 
from any one or all of the trust funds referred to therein. 
POUCY RESEARCH 
For carrying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act, $4,873,000. 
101 STAT. 1329-273 
PUBLIC LAW 100-202—DEC. 22, 1987 
GENERAL PROVISIONS 
SEC. 201. None of the funds appropriated by this title for grants-in-
aid of State agencies to cover, in whole or in part, the cost of 
operation of said agencies, including the salaries and expenses of 
officers and employees of said agencies, shall be withheld from the 
said agencies of any State which have established by legislative 
enactment and have in operation a merit system and classification 
and compensation plan covering the selection, tenure in office, and 
compensation of their employees, because of any disapproval of their 
personnel or the manner of their selection by the agencies of the 
said States, or the rates of pay of said officers or employees. 
SEC. 202. None of the funds made available by this Act for the 
National Institutes of Health may be used to provide forward fund-
ing or multiyear funding of research project grants except in those 
cases where the Director of the National Institutes of Health has 
determined that such funding is specifically required because of the 
scientific requirements of a particular research project grant. 
SEC. 203. Appropriations in this Act for the Health Resources and 
Services Administration, the National Institutes of Health, the 
Centers for Disease Control, the Alcohol, Drug Abuse, and Mental 
Health Administration, the Office of the Assistant Secretary for 
Health, the Health Care Financing Administration, and Depart-
mental Management shall be available for expenses for active 
commissioned officers in the Public Health Service Reserve Corps 
and for not to exceed two thousand four hundred commissioned 
officers in the Regular Corps; expenses incident to the dissemination 
of health information in foreign countries through exhibits and 
other appropriate means; advances of funds for compensation, 
travel, and subsistence expenses (or per diem in lieu thereof) for 
persons coming from abroad to participate in health or scientific 
activities of the Department pursuant to law; expenses of primary 
and secondary schooling of dependents in foreign countries, of 
Public Health Service commissioned officers stationed in foreign 
countries, 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 available in the locality are unable to 
provide adequately for the education of such dependents, and for the 
transportation of such dependents, between such schools and their 
places of residence when the schools are not accessible to such 
dependents by regular means of transportation; expenses for medi-
cal care for civilian and commissioned employees of the Public 
Health Service and their dependents, assigned abroad on a perma-
nent basis in accordance with such regulations as the Secretary may 
provide; rental or lease of living quarters (for periods not exceeding 
five years), and provision of heat, fuel, and light and maintenance, 
improvement, and repair of such quarters, and advance pajmaents 
therefor, for civilian officers, and employees of the Public Health 
Service who are United States citizens and who have a permanent 
station in a foreign country; purchase, erection, and maintenance of 
temporary or portable structures; and for the payment of compensa-
tion to consultants or individual scientists appointed for limited 
periods of time pursuant to section 207(f) or section 207(g) of the 
Public Health Service Act, at rates established by the Assistant 
Secretary for Health, or the Secretary where such action is required 
by statute, not to exceed the per diem rate equivalent to the rate for 
GS-18; not to exceed $9,500 for official reception and representation 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-274 
expenses related to any health agency of the Department when 
specifically approved by the Assistant Secretary for Health. 
SEC. 204. None of the funds contained in this Act shall be used to 
perform abortions except where the life of the mother would be 
endangered if the fetus were carried to term. 
SEC. 205. Funds advanced to the National Institutes of Health 
Management Fund from appropriations in this Act shall be avail-
able for the expenses of sharing medical care facilities and resources 
^ 
pursuant to section 327A of the Public Health Service Act. 
SEC. 206. Funds appropriated in this title for the Social Security 
Administration shall be available for not to exceed $10,000 for 
official reception and representation expenses when specifically 
approved by the Commissioner of Social Security. 
SEC. 207. Funds appropriated in this title for the Health Care 
Financing Administration shall be available for not to exceed $2,000 
for official reception and representation expenses when specifically 
approved by the Administrator of the Health Care Financing 
Administration. 
SEC. 208. No funds appropriated for the fiscal year ending Septem- 42 USC 210 note. 
her 30,1988, by this or any other Act, may be used to pay basic pay, 
special pays, basic allowances for subsistence and basic allowances 
for quarters of the commissioned corps of the Public Health Service 
described in section 204 of title 42, United States Code, at a level 
that exceeds 110 percent of the Executive Level I annual rate of 
basic pay: Provided, That amounts received from employees of the 
Department in payment for room and board may be credited to the 
,
f
^ 
appropriation accounts "Health Resources and Services", National 
Institutes of Health "Office of the Director", "Disease Control, 
Research, and Training", and "Federal Subsidy for Saint Elizabeths 
"
^ 
Hospital": Provided further. That none of the funds made available 
by this Act shall be used to provide special retention pay (bonuses) 
under paragraph (4) of 37 U.S.C. 302(a) to any regular or reserve 
medical officer of the Public Health Service for any period during 
which the officer is assigned to the clinical, research, or staff 
associate program administered by the National Institutes of 
Health. 
SEC. 209. None of the funds appropriated in this title shall be used 
to transfer the general administration of programs authorized under 
the Native American Programs Act from the Department of Health 
and Human Services to the Department of the Interior. 
SEC. 210, Funds provided in this Act may be used for one-year Contracts. 
contracts which are to be performed in two fiscal years, so long as 
the total amount for such contracts is obligated in the year for 
which the funds are appropriated. 
SEC. 211. The Secretary shall make available through assignment 
not more than 50 employees of the Public Health Service, who shall 
be exempt from all FIE limitations in the Department, to assist in 
child survival activities through and with funds provided by the 
Agency for International Development, the United Nations Inter-
national (Children's Emergency Fund or the World Health Organiza-
tion. In addition, commissioned ofQcers assigned under this section 
shall be exempt from all limitations on the number and grade of 
officers in the Public Health Service Commissioned (Dorps. 
SEC. 212. Funds appropriated by this Act may be used to pay 
physicians' comparability allowances, as authorized under 5 U.S.C. 
5948. 
101 STAT. 1329-275 
PUBLIC LAW 100-202—DEC. 22, 1987 
Reports. 
42 use 286. 
SEC. 213. For the purpose of insuring proper management of 
federally supported computer systems and data bases, funds appro-
priated by this Act are available for the purchase of dedicated 
telephone service between the private residences of employees as-
signed to computer centers funded under this Act, and the computer 
centers to which such employees are assigned. 
SEC. 214. The Secretary of Health and Human Services shall: 
(1) Issue a report to Congress within 90 days of the close of 
,_.. fiscal year 1988, of violations occurring during such year, of 
Department of Health and Human Services travel policy.^"* 
(2) Require that personnel found by the report to be in 
violation of Department travel policy, shall reimburse the 
Department for funds spent in violation of Department policy. 
SEC. 215. Section 465(B) of 42 U.S.C. 286 is amended by inserting 
between (5) and (6) an additional charge to the Secretary to "pub-
licize the availability of the above products and services of the 
National Library of Medicine". 
SEC. 216. Funds available in this title for activities related to 
acquired immune deficiency syndrome (AIDS) may be transferred 
between appropriation accounts upon the approval by the House 
and Senate Committees on Appropriations of a transfer request 
submitted by the Secretary of Health and Human Services. 
This title may be cited as the "Department of Health and Human 
Services Appropriations Act, 1988". 
Department of 
Education 
Appropriations 
Act, 1988. 
'••ii.rv-
TITLE III—DEPARTMENT OF EDUCATION 
COMPENSATORY EDUCATION FOR THE DISADVANTAGED 
For carrying out chapter 1 of the Education Consolidation and 
Improvement Act of 1981, as amended, $4,327,927,000, of which 
$7,181,000 shall be used for purposes of section 555(d) of said Act to 
provide technical assistance and evaluate programs, and the 
remaining $4,320,746,000 shall become available on July 1, 1988, and 
remain available until September 30, 1989: Provided, That of these 
remaining funds, no funds shall be used for purposes of section 
554(aXlXB), $269,029,000 shall be available for purposes of section 
554(aX2XA), $151,269,000 shall be available for purposes of section 
554(aX2XB), $32,552,000 shall be available for purposes of section 
554(aX2XC) and $38,296,000 shall be available for purposes of section 
554(bXlXD). 
For carrying out section 418A of the Higher Education Act, 
$8,616,000. 
IMPACT AID 
For canying out title I of the Act of September 30, 1950, as 
amended (20 U.S.C. ch. 13), $685,498,000, of which $15,318,000 shall 
be for entitlements under section 2 of said Act and $670,180,000 
shall be for entitlements under section 3 of said Act of which 
$536,144,000 shall be for entitlements under section 3(a) of said Act: 
Provided, That payment with respect to entitlements under section 
3(b) of said Act to any local educational agency in which 20 per 
centum or more of the total average daily attendance is made up of 
children determined eligible under section 3(b) shall be at 60 per 
centum of entitlement and payment with respect to entitlements 
•* Copy read "travel policy; and". 
.^-^^^^ 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-276 
under section 3(b) of said Act to any local educational agency in 
which less than 20 per centum of the total aversige daily attendance 
is made up of children determined eligible under section 305) shall 
be ratably reduced from 100 per centum of entitlement: Provided 
further. That payments with respect to entitlements under section 
3(a) to any local educational agency described in section 3(dXlXA) of 
said Act shedl be at 100 per centum of entitlement, except that 
payments on behalf of children who reside on property which is 
described in section 403(1XC) shall be at 15 per centum of entitle-
ment, so long as the fiscal year 1988 per pupil payment does not 
exceed 105 per centum of the fiscal year 1987 per pupil payment: 
Provided further. That payment with respect to entitlements under 
section 3(a) to any local educational agency whose children deter-
mined eligible under section 3(a) amount to at least 15 per centum 
but less than 20 per centum of such agency's total average daily 
attendance shall be at 75 per centum of entitlement, except that 
payments on behalf of children who reside on property which is 
described in section 403(1XC) shall be at 11.25 per centum of entitle-
ment and the fiscal year 1988 local contribution rate for such agency 
shall not exceed 105 per centum of such agency's fiscal year 1987 
local contribution rate: Provided further. That payment with respect 
to entitlements under section 3(a) to any local educational agency 
whose children determined eligible under section 3(a) amount to less 
than 15 per centum of such agency's total average daily attendance 
shall be ratably reduced from 100 per centum of entitlement, except 
that payments on behalf of children who reside on property which is 
described in section 403(1XC) of said Act shall be ratably reduced 
from 15 per centum of entitlement: Provided further, That the 
provisions of section 5(c) of said Act shall not apply to funds pro-
vided herein: Provided further. That payments with respect to 
entitlements under section 3(a) for any local educational agency that 
is described in section 3(dXlXA) and is coterminous with a military 
installation are not subject to limitations on increases in per pupil 
payments unless such agency's State aid payment is reduced as a 
result of its section 3 pa3mient: Provided further. That the Secretary 
shall consider as timely filed requests for assistance filed after the 
applicable deadline and related to applications for assistance 
submitted under section 7 of said Act or section 16 of the Act of 
September 23, 1950, stemming from FEMA Disaster Number 753DR 
as declared on November 7, 1985: Provided further. That any pay-
ment made to a local educational agency for fiscal years prior to 
1986 that is attributable to an incorrect determination under section 
2(aXlXC) of such Act shall be deemed to have been made in accord-
ance with such section, and any payment made to a local edu-
cational agency under section 3, for fiscal years prior to 1987, on 
behalf of children claimed by such agency for any such fiscal year 
who resided on or whose parents were employed on property that 
was housing assisted under section 8 of the United States Housing 
Act of 1937, as amended, shall stand, and such pajrments withheld or 
recovered shall be made or restored. 
For canning out the Act of September 23, 1950, as amended (20 
U.S.C. ch. 19), $22,978,000 which shall remain available until ex-
pended, shall be for providing school facilities as authorized by said 
Act, of which $8,617,000 shall be for awards under section 10 of said 
Act, $10,053,000 shall be for awards under sections 14(a) and 14(b) of 
said Act, and $4,308,000 shall be for awards under sections 5, 9 and 
14(c) of said Act: Provided further, That funds appropriated under 
101 STAT. 1329-277 
PUBLIC LAW 100-202—DEC. 22, 1987 
the heading "School Assistance in Federally Affected Areas" in 
Public Law 98-8 that are available for obligation shall be available 
until expended for the purposes of sections 14(a) and 14(b). 
SPECIAL PROGRAMS 
For canying out the consolidated programs and projects au-
thorized under chapter 2 of the Education Consolidation and 
Improvement Act of 1981, as amended, $508,439,000, of which 
$29,739,000 shall be for programs and projects authorized under 
subchapter D of said Act, including $10,244,000 for programs and 
projects authorized under subsection 583(aXl) of said Act; $4,308,000 
shsdl be used for awards, which, except for educational television 
programming, are not to exceed a cumulative amount of $957,000 to 
any recipient for national impact demonstration or research 
projects; $7,659,000 for activities authorized under subsection 
583(bXl) of said Act; $3,315,000 for programs authorized under 
subsection 583(bX2) of said Act; and $3,830,000 for activities au-
thorized under subsection 583(bX4) of said Act; and $383,000 for 
national school volunteer programs: Provided, That $478,700,000 to 
C£irry out the State block grant program authorized under chapter 2 
of said Act shall become available for obligation on July 1,1988, and 
shall remain available until September 30,1989. 
For grants to State educational agencies and desegregation assist-
ance centers authorized under section 403 of the Civil Rights Act of 
1964, $23,456,000. 
For carrying out activities authorized under title IX, part C of the 
Elementary and Secondary Education Act, $3,351,000. 
For canying out activities authorized under section 1524 of the 
Education Amendments of 1978, $4,787,000. 
For canying out activities authorized under section 1525 of the 
Education Amendments of 1978, $1,915,000. 
For carrying out activities authorized under Public Law 92-506, as 
amended, $2,394,000: Provided, That said sum shall become avail-
able on July 1, 1988, and shall remain available until September 30, 
1989. 
For carrying out activities authorized under the Drug-Free 
Schools and Communities Act of 1986, $229,776,000, of which 
$191,480,000 for grants to States and outl}ring areas shall be avail-
able beginning July 1, 1988, and shall remain available until 
September 30, 1989: Provided, That State educational agencies allot 
fiscal year 1988 funds to local and intermediate educational agencies 
and consortia under section 4124(a) of the Act on the basis of their 
relative enrollments in public and private nonprofit schools. 
For canying out the provisions of title VII of the Education for 
Economic Security Act, relating to magnet schools assistance, 
$71,805,000: Provided, That not more than $4,000,000 in the fiscal 
year may be paid to any single eligible local educational agency. 
For carrying out the provisions of title II of the Education for 
Economic Security Act, $119,675,000 of which $108,904,000, for 
grants to States and outlying areas under section 204 shall become 
available on July 1, 1988, and shall remain available until Septem-
ber 30,1989. 
For canying out the provisions of subpart 2 of part C of title V of 
the Higher Education Act, $8,222,000, to become available July 1, 
1988, and to remcdn available until September 30,1989. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-278 
For carrying out the provisions of subpart 2 of part D of title V of 
the Higher Education Act, $1,915,000. 
For carrying out the provisions of subtitle B of title VII of the 
Stewart B. McKinney Homeless Assistance Act, $4,787,000 to 
become available July 1, 1988, and remain available through 
September 30,1989. 
For carrying out activities authorized under the Follow Through 
Act, $7,133,000. 
For carrjdng out activities authorized under section 137(a) of this 
joint resolution relating to dropout prevention, $23,935,000. 
For carrying out activities authorized under section 1370)) of this 
joint resolution relating to workplace literacy, $9,574,000. 
For carrying out activities authorized under section 137(c) of this 
joint resolution relating to Star Schools, $19,148,000: Provided, That 
grants under the Star Schools program shall be awarded through a 
competitive grant process. 
BIUNGUAL EDUCATION 
For carrjdng out, to the extent not otherwise provided, title VII of 
the Elementary and Secondary Education Act, Refugee and entrant 
assistance activities authorized by title IV of the Immigration and 
Nationality Act, part B of title III of the Refugee Act of 1980, and 
title VI of the Education Amendments of 1984, $190,504,000, of 
which $101,198,000 shall be for part A, $9,928,000 shall be for part B, 
and $35,447,000 shall be for part C of title VII of the Elementary and 
Secondary Education Act and $28,722,000 shall be for the Emer-
gency Immigrant Education Program authorized by title VI of the 
Education Amendments of 1984. Of the funds provided under this 
, , .. ^ 
head in fiscal year 1987 in section lOl(i) of Public Laws 99-500 and 
99-591, for carr3ring out title VII of the Elementary and Secondary 
Education Act, which are unobligated, $1,247,000 are reappropriated 
to carry out title VI of the Education Amendments of 1984 to be 
used to fund the amended application from the State of Texas for 
the Emergency Immigrant Education Program: Provided, That the 
reappropriated funds shall be available until September 30, 1988. 
EDUCATION FOR THE HANDICAPPED 
For canning out the Education of the Handicapped Act, 
$1,869,019,000, of which $1,431,737,000 for section 611, $201,054,000 
., . ..^,^,. 
for section 619, and $67,018,000 for section 685 shall become avail- 
' " ;,;^ 
able for obligation on July 1, 1988, and shall remain available until 
September 30,1989: Provided, That notwithstanding section 621(e) of 
the Education of the Handicapped Act, up to $479,000 may be used 
for section 621(d) of that Act: Provided further. That the amount 
appropriated for section 685 of the Eklucation of the Handicapped 
Act in Public Laws 99-500 and 99-591, section lOl(i), for fiscal year 
1987 shall remain available for obligation by the States until 
September 30,1989. 
REHABILITATION SERVICES AND HANDICAPPED RESEARCH 
For canying out, to the extent not otherwise provided, the Re-
habilitation Act of 1973 and the Helen Keller National Center Act, 
as amended, $1,590,400,000, of which $1,379,500,000 shall be for 
allotments under sections lOOOsXD and 1100b)(3) of the Rehabilita-
101 STAT. 1329-279 
PUBLIC LAW 100-202—DEC. 22, 1987 
tion Act, $16,590,000 shall be for special demonstration programs 
under sections 311 (a), (b), and (c), and $4,800,000 shall be for the 
Helen Keller National Center: Provided, That $500,000 shall be 
available on a competitive basis for research and training for hear-
ing loss assessments for native Hawaiian children under section 204 
of such Act until September 30, 1989: Provided further. That the 
amount appropriated for title VI, part C of the Rehabilitation Act in 
Public Laws 99-500 and 99-591, section lOl(i), for fiscal year 1987 
shall remain available for obligation by the States until September 
30,1989. 
VOCATIONAL AND ADULT EDUCATION 
For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Vocational Education Act, and the Adult Education Act and 
the Stewart B. McKinney Homeless Assistance Act, $1,005,557,000 
which shall become available for obligation on July 1, 1988, and 
shall remain available until September 30, 1989: Provided, That 
$25,658,000 shall be available for title IV of the Carl D. Perkins 
Vocational Education Act, of which $7,276,000 shall be for part A, 
including $5,744,000 for section 404, $14,792,000 shall be for part B, 
including $14,361,000 for section 411 and $3,590,000 shall be for part 
C of said title: Provided further, That $7,851,000 shall be available 
for State councils under section 112 of the Carl D. Perkins Voca-
tional Education Act: Provided further, That $6,845,000 shall be 
made available to carry out title III-A and $32,791,000 shall be made 
available for title III-B of said Vocational Education Act: Provided 
further. That $3,734,000 shall be available for part E of title IV of 
the Carl D. Perkins Vocational Education Act: Provided further, 
20 use 2332. 
That section 202 of the Carl D. Perkins Vocational Education Act is 
amended— 
(1) by inserting (a) after the section designation, and 
(2) by adding at the end thereof the following new subsection: 
"
O
k
)
) Funds provided for fiscal year 1988 and described in clause (4) 
of subsection (a) shall also be available for single pregnant women.". 
STUDENT FINANCIAL ASSISTANCE 
For carrying out subparts 1, 2, and 3 of part A and parts C and E 
of title rV of the Higher Education Act, as amended, $5,544,792,000, 
which shall rem£dn available until September 30, 1989: Provided, 
20 use 1070a 
That the maximum Pell grant that a student may receive in the 
"ote. 
1988-1989 award year shall be $2,200. 
GUARANTEED STUDENT LOANS 
For necessary expenses under title IV, part B of the Higher 
Education Act, $2,565,000,000, to remain available until expended. 
HIGHER EDUCATION 
For carrying out title III of the Higher Education Act of 1965, as 
amended, $152,370,000, of which up to $19,148,000 for section 332 of 
part C of title III of said Act shall remain available until expended: 
Provided, That $73,161,500 of funds appropriated for title III of said 
Act shall be available only to historically black colleges and 
universities. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-280 
For carrying out subparts 4 and 6 of part A of title IV; part B and 
subpart 1 of part D of title V; titles VI and VIII, parts A, B, C, D, E, 
and F of title IX, notwithstanding section 971(g); part B and part D 
of title VII; subpart 1 of part B and parts A and C of title X; and 
sections 420A and 1204(c) of the Higher Education Act of 1965, as 
amended; title XIII, part H, subpart 1 of the Education Amendments 
of 1980, as amended; and section 102(b)(6) of the Mutual Educational 
and Cultural Exchange Act of 1961; $367,884,000, of which 
$28,244,000 for parts B and D of title VII shall remain available 
until expended: Provided, That $7,659,000 provided herein for carry-
ing out subpart 6 of part A of title IV shall be available notwith-
standing sections 419G(b) and 4191(a) of the Higher Education Act of 
1965 (20 U.S.C. 1070d-37(b) and 1070d-39(a)): Provided further, That 
$239,000 of the amount provided for part B of title IX shall be 
competitively awarded to a consortium of historically black colleges 
and doctoral degree-granting institutions to provide supplemental 
need-based financial aid to students and faculty from historically 
black colleges who are pursuing doctoral studies. 
For carrying out sections 772, 773, 775, and 776 of part G of title 
VII of the Higher Education Act, sections 1-5 of Public Law 99-608, 
and title III, section 303 of Public Law 98-480, $14,217,000 to remain 
available until expended. 
Of any funds appropriated in fiscal year 1988 for a grant to an 
appropriate consortium of institutions of higher education for carry-
ing out part B of title VII of the Higher Education Act, the limita-
tions contained in sections 702(a) and 721(aX2) shall not apply. 
HIGHER EDUCATION FACIUTIES LOANS AND INSURANCE 
The Secretary is hereby authorized to make such expenditures, 
within the limits of funds available under this heading and in accord 
with law, and to make such contracts and commitments without 
regard to fiscal year limitation, as provided by section 104 of the 
Government Corporation Control Act (31 U.S.C. 9104), as may be 
necessary in carrying out the program set forth in the budget for the 
current fiscal year. For the fiscal year 1988, no new commitments 
for loans may be made from the fund established pursuant to title 
VII, section 733 of the Higher Education Act, as amended (20 U.S.C. 
1132d-2). 
COLLEGE CONSTRUCTION LOAN INSURANCE 
For carrjdng out part E of title VII of the Higher Education Act of 
1965, as amended, $19,148,000 to be available until expended. 
COLLEGE HOUSING AND ACADEMIC FACIUTIES LOANS 
Pursuant to title VII, part F of the Higher Education Act, as 
amended, for necessary expenses of the college housing and aca-
demic facilities loans program, the Secretary shall make expendi-
tures, contracts, and commitments without regard to fiscal year 
limitation using loan repajmients and other resources available to 
this account: Provided, That during fiscal year 1988, gross commit-
ments for the principal amount of direct loans shall be $62,231,000. 
Any unobligated balances remaining from fixed fees previously paid 
into this account pursuant to 12 U.S.C. 1749d, relating to payment of 
costs for inspections and site visits, shall be available for the operat-
ing expenses of this account. 
101 STAT. 1329-281 
PUBLIC LAW 100-202—DEC. 22, 1987 
20 use ll32g 
Whenever the Secretary, pursuant to sections 762(c) or 783 of the 
"°*^ 
Act, sells, exchanges, or otherwise transfers on a discounted basis 
obligations or securities held by the Secretary under title VII, part F 
of the Act, the outstanding balance remaining on the notes of the 
Secretary issued to the Secretary of the Treasury under section 
761(d) of the Act shall be reduced by the amount of the discount. For 
such transactions occurring prior to the fiscal year 1988, such 
reduction is effective on September 30, 1987. For such transactions 
occurring in fiscal year 1988 or thereafter, such reduction is to be 
effective on the last day of the fiscal year in which the discounted 
transaction occurs. 
EDUCATION RESEARCH AND STATISTICS 
For necessary expenses to carry out sections 405 and 406 of the 
General Education Provisions Act, as amended, $67,526,000, of 
which $13,390,000 shall be used for the Center for Education Statis-
tics, as authorized under section 406 of the General Education 
Provisions Act, and $7,563,000 shall be for the National Assessment 
of Educational Progress, as authorized under section 405(eXl) of the 
General Education Provisions Act: Provided, That $3,830,000 of the 
sums appropriated shall be used to continue a rural education 
program by the nine regional laboratories. 
UBRARIES 
For carrying out, to the extent not otherwise provided, titles I, II, 
III, IV, and VI of the Library Services and Construction Act (20 
U.S.C, ch. 16), and title II, parts B, C, and D of the Higher Education 
Act, notwithstanding the provisions of section 221, $135,089,000: 
Provided, That $22,595,000 of the sums appropriated shall be used to 
carry out the provisions of title II of the Library Services and 
Construction Act and shall remain available until expended. 
SPECIAL INSTITUTIONS 
AMERICAN PRINTING HOUSE FOR THE BUND 
For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 
101-106), including provision of materials to adults undergoing 
rehabilitation on the same basis as provided in 1985, $5,266,000, 
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF 
For the National Technical Institute for the Deaf under titles II 
and IV of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et 
seq.), $31,594,000, of which $191,000 shall be for the endowment 
program as authorized under section 408 and shall be available until 
expended: Provided, That none of the funds provided herein may be 
used to subsidize the tuition of foreign students. 
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 IV of the Education of the Deaf Act of 
1986 (20 U.S.C. 4301 et seq.), including continuing education activi-
ties, existing extension centers and the National Center for Law and 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-282 
the Deaf, $62,195,000, of which $957,000 shall be for the endowment 
program as authorized under section 407 and shall be available until 
expended. 
HOWARD UNIVERSITY 
For partial support of Howard University (20 U.S.C. 121 et seq.), 
$172,203,000. 
DEPARTMENTAL MANAGEMENT 
SALARIES AND EXPENSES 
For carrying out, to the extent not otherwise provided, the Depart-
ment of Education Organization Act, including rental of conference 
rooms in the District of Columbia and hire of three passenger motor 
vehicles, $241,028,000. 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil Rights, as au-
thorized by section 203 of the Department of Education Organiza-
tion Act, $40,530,000. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organiza-
tion Act, $17,560,000. 
GENERAL PROVISIONS 
SEC 301. None of the funds appropriated by this title for grants-in-
aid of State agencies to cover, in whole or in part, the cost of 
operation of said agencies, including the salaries and expenses of 
officers and employees of said agencies, shall be withheld from the 
said agencies of any State which have established by legislative 
enactment and have in operation a merit system and classification 
and compensation plan covering the selection, tenure in office, and 
compensation of their employees, because of any disapproval of their 
personnel or the manner of their selection by the agencies of the 
said States, or the rates of pay of said officers or employees. 
SEC. 302. Funds appropriated in this Act to the American Printing 
House for the Blind, Howard University, the National Technical 
Institute for the Deaf, and Gallaudet University shall be subject to 
audit by the Secretary of Education. 
SEC. 303. No part of the funds contained in this title may be used 
to force any school or school district which is desegregated as that 
term is defined in title IV of the Civil Rights Act of 1964, Public Law 
88-352, to take any action to force the busing of students; to force on 
account of race, creed or color the abolishment of any school so 
desegregated; or to force the transfer or assignment of any student 
attending any elementary or secondary school so desegregated to or 
from a particular school over the protest of his or her parents or 
parent. 
SEC. 304. (a) No part of the funds contained in this title shall be 
used to force any school or school district which is desegregated as 
that term is defined in title IV of the Civil Rights Act of 1964, Public 
Law 88-352, to take any action to force the busing of students; to 
require the abolishment of any school so desegregated; or to force on 
account of race, creed or color the transfer of students to or from a 
101 STAT. 1329-283 
PUBLIC LAW 100-202—DEC. 22, 1987 
particular school so desegregated as a condition precedent to obtain-
ing Federal funds otherwise av£iilable to any State, school district or 
school. 
O
t
>
) No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of equip-
ment for such transportation) in order to overcome racial imbalance 
in any school or school system, or for the transportation of students 
or teachers (or for the purchase of equipment for such transpor-
tation) in order to carry out a plan of racial desegregation of any 
school or school system. 
SEC. 305. 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 reorga-
nization 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. 306. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools. 
This title may be cited as the "Department of E^ducation Appro-
priations Act, 1988". 
TITLE IV—RELATED AGENCIES 
i 
A C T I O N 
if% 
OPERATING EXPENSES 
For expenses necessary for Action to carry out the provisions of 
the Domestic Volunteer Service Act of 1973, as amended, 
$163,085,000. 
CORPORATION FOR PuBuc BROADCASTING 
li 
PUBUC BROADCASTING FUND 
For payment to the Corporation for Public Broadcasting, as au-
thorized by the Communications Act of 1934, an amount which shall 
be available within limitations specified by that Act, for the fiscal 
year 1990, $232,648,000: 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 offici£ds 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 ag£dnst, on the 
basis of race, color, national origin, religion, or sex. 
.• J. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-284 
FEDERAL MEDIATION AND CONCIUATION SERVICE 
SALARIES A N D EXPENSES 
For expenses necessary for the Federal Mediation and Concilia-
tion Service to carry out the functions vested in it by the Labor-
Management Relations Act, 1947 (29 U.S.C. 171-180, 182), including 
expenses of the Labor-Management Panel and boards of inquiry 
appointed by the President, hire of passenger motor vehicles, and 
rental of conference rooms in the District of Columbia; and for 
expenses necessary pursuant to Public Law 93-360 for mandatory 
mediation in health care industry negotiation disputes and for 
convening factfinding boards of inquiry appointed by the Director in 
the health care industry; and for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 125a); 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. 
chapter 71), $24,510,000. 
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.), $3,906,000. 
NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE 
SALARIES AND EXPENSES 
For necessary expenses for the National (Dommission on Libraries 
and Information Science, established by the Act of July 20, 1970 
(Public Law 91-345), $718,000. 
NATIONAL COMMISSION TO PREVENT INFANT MORTALITY 
OPERATING EXPENSES 
Funds appropriated for operating expenses of the National 
Commission to Prevent Infant Mortality in the Supplemental 
Appropriations Act, 1987 (Public Law 100-71) shall remain available 
until expended. 
NATIONAL (DOUNCIL ON THE HANDICAPPED 
SALARIES AND EXPENSES 
For expenses necessary for the National (Douncil on the Handi-
capped as authorized by section 405 of the Rehabilitation Act of 
1973, as amended, $892,000. 
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, 
$133,097,000: Provided, That no part of this appropriation shall be 
101 STAT. 1329-285 
PUBLIC LAW 100-202—DEC. 22, 1987 
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(0 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 per centum of the water 
stored or supplied thereby is used for farming purposes. 
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, $7,004,000, 
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 
SALARIES AND EXPENSES 
For the expenses necessary for the Occupational Safety and 
Health Review Commission (29 U.S.C. 661), $5,885,000. 
PHYSICIAN PAYMENT REVIEW COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary to carry out section 1845(a) of the Social 
Security Act, $2,997,000, to be transferred to this appropriation from 
the Federal Supplementary Medical Insurance Trust Fund. 
PROSPECTIVE PAYMENT ASSESSMENT COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary to carry out section 601 of Public Law 98-
21, $3,592,000, to be transferred to this appropriation from the 
Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds. 
RAILROAD RETIREMENT BOARD 
DUAL BENEFITS PAYMENTS ACCOUNT 
For payment to the Du£d Benefits Payments Account, authorized 
under section 15(d) of the Railroad Retirement Act of 1974, 
$352,323,000, all of which shall be credited to the account in 12 
approximately equal amounts on the first day of each month in the 
fiscal year. 
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS 
For pajrment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for un-
negotiated checks, $3,100,000, to remain available through Septem-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-286 
ber 30, 1989, which shall be the maximum amount available for 
payments pursuant to section 417 of Public Law 98-76. 
LIMITATION ON ADMINISTRATION 
For necessary expenses for the Railroad Retirement Board, 
$57,860,000, to be derived from the railroad retirement accounts: 
Provided, That such portion of the foregoing amount as may be 
necessary shall be available for the payment of personnel compensa-
tion and benefits for not less than 1,254 full-time equivalent em-
ployees: Provided further. That $479,000 of the foregoing amount shall 
be available only to the extent necessary to process workloads not 
anticipated in the budget estimates and after maximum absorption 
of the costs of such workloads within the remainder of the existing 
limitation has been achieved: Provided further. That notwithstand- 
. a ' 
ing any other provision of law, no portion of this limitation shall be 
available for payments of standard level user charges pursuant to 
section 210(j) of the Federal Property and Administrative Services 
Act of 1949, as amended (40 U.S.C. 490(j); 45 U.S.C. 228a-r): Provided 
further. That not to exceed $2,500,000 of funds provided under this 
head in Public Law 99-591 shall remain available until September 
30, 1988, only for retirement 
claims processing 
automation 
activities. 
LIMITATION ON RAILROAD UNEMPLOYMENT INSURANCE 
ADMINISTRATION FUND 
For further expenses necessary for the Railroad Retirement 
Board, for administration of the Railroad Unemployment Insurance 
Act, not less than $13,830,000 shall be apportioned for fiscal year 
1988 from moneys credited to the railroad unemployment insurance 
administration fund: Provided, That such portion of the foregoing 
amount as may be necessary shall be available for the payment of 
personnel compensation and benefits for not less than 303 full-time 
equivalent employees. 
LIMITATION ON REVIEW ACTIVITY 
For expenses necessary for the Railroad Retirement Board for 
audit, investigatory and review activities, as authorized by section 
418 of Public Law 98-76, not more than $2,212,000 to be derived 
from the railroad retirement accounts and railroad unemployment 
insurance account. 
SOLDIERS' AND AIRMEN'S HOME 
OPERATION AND MAINTENANCE 
For maintenance and operation of the United States Soldiers' and 
Airmen's Home, to be paid from the Soldiers' and Airmen's Home 
permanent fund, $35,879,000: Provided, That this appropriation 
shall not be available for the payment of hospitalization of members 
of the Home in United States Army hospitals at rates in excess of 
those prescribed by the Secretary of the Army upon recommenda-
tion of the Board of Commissioners and the Surgeon General of the 
Army. 
101 STAT. 1329-287 
PUBLIC LAW 100-202—DEC. 22, 1987 
CAPITAL OUTLAY 
For construction and renovation of the physical plant, to be paid 
from the Soldiers' and Airmen's Home permanent fund, $15,445,000, 
to remain available until expended. 
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, $4,308,000. 
TITLE V—GENERAL PROVISIONS 
Contracts. 
SEC. 501. The expenditure of any appropriation under this Act for 
hiformation 
^^^ consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public inspec-
tion, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law. 
SEC. 502. No part of any appropriation contained in this Act shall 
be expended by any executive agency, as referred to in the Office of 
Federal Procurement Policy Act (41 U.S.C. 401 et seq.), pursuant to 
any obligation for services by contract, unless such executive agency 
has awarded and entered into such contract in full compliance with 
such Act and regulations promulgated thereunder. 
SEC. 503. Appropriations contained in this Act, available for sala-
ries and expenses, 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 GS-18. 
SEC. 504. Appropriations contained in this Act, available for sala-
ries and expenses, shall be available for uniforms or allowances 
therefor as authorized by law (5 U.S.C. 5901-5902). 
SEC. 505. Appropriations contained in this Act, available for sala-
ries and expenses, shall be available for expenses of attendance at 
meetings which are concerned with the functions or activities for 
which the appropriation is made or which will contribute to im-
proved conduct, supervision, or management of those functions or 
activities. 
SEC. 506. No part of the funds appropriated under this Act shall be 
used to provide a loan, guarantee of a loan, a grant, the salary of or 
any remuneration whatever to any individual applying for admis-
sion, attending, employed by, teaching at, or doing research at an 
institution of higher education who has engaged in conduct on or 
after August 1, 1969, which involves the use of (or the assistance to 
others in the use of) force or the threat of force or the seizure of 
property under the control of an institution of higher education, to 
require or prevent the availability of certain curricula, or to prevent 
the faculty, administrative officials, or students in such institution 
from engaging in their duties or pursuing their studies at such 
institution. 
SEC. 507. The Secretaries of Labor, Health and Human Services, 
and Education are authorized to transfer unexpended balances of 
prior appropriations to accounts corresponding to current appropria-
tions provided in this Act: Provided, That such transferred balances 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-288 
are used for the same purpose, and for the same periods of time, for 
which they were originally appropriated. 
SEC. 508. 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. 509. No part of any appropriation contained in this Act shall 
be used, other than for normal and recognized executive-legislative 
relationships, for publicity or propaganda purposes, for the prepara-
tion, 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. 
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. 
SEC. 510. The Secretaries of Labor, Health and Human Services, 
and Education are each authorized to make available not to exceed 
$7,500 from funds available for salaries and expenses under titles I, 
II, and III, respectively, for official reception and representation 
--t-MA 
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 avail-
able for "Salaries and expenses, Federal Mediation and Conciliation 
Service"; and the Chairman of the Nationsd Mediation Board is 
authorized to make available for official reception and representa-
tion expenses not to exceed $2,500 from funds available for Salaries 
and expenses. National Mediation Board". 
SEC. 511. None of the funds appropriated by this Act shall be used 
to pay for any research program or project or any program, project, 
or course which is of an experimental nature, or any other activity 
involving human participants, which is determined by the Secretary 
or a court of competent jurisdiction to present a danger to the 
physical, mental, or emotional well-being of a participant or subject 
of such program, project, or course, without the written, informed 
consent of each participant or subject, or a participant's parents or 
legal guardian, if such participant or subject is under eighteen years 
of age. The Secretary shall adopt appropriate regulations respecting Regulations. 
this section. 
SEC. 512. (aXD In the cases of all appropriations accounts within 
President of U.S. 
this Act from which expenses for travel, transportation, and subsist-
ence (including per diem allowances) are paid under chapter 57 of 
title 5, United States Code, there are hereby prohibited to be 
obligated under such accounts in fiscal year 1988 a uniform percent-
age of such amounts, as determined by the President in accordance 
with the provisions of paragraph (2), as, but for this subsection, 
would— 
(A) be available for obligation in such accounts as of 
October 1,1987, 
(B) be planned to be obligated for such expenses after such 
date during fiscal year 1988, and 
(C) result in total outlays of $23,600,000 in fiscal year 1988. 
"
^
' --' 
(2) Before making determinations under paragraph (1), the Presi-
dent shall obtain from the Director of the Office of Management and 
Budget and the Comptroller General of the United States rec-
ommendations for determinations with respect to (A) the identifica-
tion of the accounts affected, (B) the amount in each such account 
101 STAT. 1329-289 
PUBLIC LAW 100-202—DEC. 22, 1987 
available as of such date for obligation, (C) the amounts planned to 
be obligated for such expenses after such date in fiscal year 1988, 
and (D) the uniform percentage by which such amounts need to be 
reduced in order to comply with paragraph (1). 
Reports. 
(b) Within 30 days after the date of enactment of this Act, the 
President shall prepare and transmit to the Congress a report 
specifying the determinations of the President under subsection (a), 
(c) Sections 1341(a) and 1517 of title 31, United States Code, apply 
to each account for which a determination is made by the President 
under subsection (a). 
SEC. 513. (a) Subject to subsection (b), none of the funds made 
available by this or any other Act may be used by the Secretary of 
Labor to withdraw approval of the California State occupational 
safety and health plan, or to exercise exclusive Federal safety and 
health authority in the State of California, under the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). 
Ot)) The prohibition established in subsection (a) shall apply until 
the California Supreme Court has rendered a final disposition in the 
case of Ixta v. Rinaldi (Case No. 3 Civil C 002805). 
AIDS. 
SEC. 514. (a) Notwithstanding the matter under the heading 
"CENTERS FOR DISEASE CONTROL", none of the funds made 
available under this Act to the Centers for Disease Control shall be 
used to provide AIDS education, information, or prevention mate-
rials and activities that promote or encourage, directly, homosexual 
sexual activities. 
(b) Education, information, and prevention activities and mate-
rials paid for with funds appropriated under this Act shall 
emphasize— 
(1) abstinence from sexual activity outside a sexually 
monogamous marriage (including abstinence from homosexual 
sexual activities) and 
(2) abstinence from the use of illegal intravenous drugs. 
(c) The homosexual activity referred to in subsections (a) and (b) 
includes any sexual activity between two or more males as described 
in section 2256(2XA) of title 18, United States Code. 
(d) The illegal drugs referred to in subsection (b) include any 
controlled substance as defined in section 102(6) of the Controlled 
Substance Act (21 U.S.C. 802(6)). 
(e) If the Secretary of Health and Human Services finds that a 
recipient of funds under this Act has failed to comply with this 
section, the Secretary shall notify the recipient, if the funds are paid 
directly to the recipient, or notify the State if the recipient receives 
the funds from the State, of such finding and that— 
(1) no further funds shall be provided to the recipient; 
(2) no further funds shall be provided to the State with respect 
to noncompliance by the individual recipient; 
(3) further payment shall be limited to those recipients not 
participating in such noncompliance; and 
(4) the recipient shall repay to the United States, amounts 
found not to have been expended in accordance with this 
section. 
AIDS. 
SEC. 515. In administering funds made available under this Act for 
research relating to the treatment of AIDS, the National Institutes 
of Health shall take all possible steps to ensure that all experi-
mental drugs for the treatment of AIDS, particularly antivirals and 
immunomodulators, that have shown some effectiveness in treating 
individuals infected with the human immunodeficiency virus are 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-290 
tested in clinical trials as expeditiously as possible and with as many 
subjects as is scientifically acceptable. 
This Act may be cited as the "Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropria-
tions Act, 1988". 
(i) Such amounts as may be necessary for programs, projects or 
activities provided for in the Legislative Branch Appropriations Act, 
1988, at a rate of operations and to the extent and in the manner 
provided for, the provisions of such Act to be effective as if it had 
been enacted into law as the regular appropriations Act, as follows: 
AN ACT 
Making appropriations for the Legislative Branch for the fiscal year ending 
September 30, 1988, and for other purposes. 
TITLE I—CONGRESSIONAL OPERATIONS 
T?J - 
SENATE 
MILEAGE OF THE VICE PRESIDENT AND SENATORS 
For mileage of the Vice President and Senators of the United 
States, $60,000. 
EXPENSE ALLOWANCES OF THE VICE PRESIDENT, THE PRESIDENT PRO 
TEMPORE, MAJORITY AND MINORITY LEADERS, MAJORITY AND MINOR-
ITY WHIPS, AND CHAIRMEN OF THE MAJORITY AND MINORITY CON-
FERENCE COMMITTEES 
For expense allowances of the Vice President, $10,000; the Presi-
dent Pro Tempore of the Senate, $10,000; Majority Leader of the 
Senate, $10,000; Minority Leader of the Senate, $10,000; Majority 
Whip of the Senate, $5,000; Minority Whip of the Senate, $5,000; and 
Chairmen of the Majority and Minority Conference Committees, 
$3,000 for each Chairman; in all, $56,000. 
Legislative 
Branch 
Appropriations 
Act, 1988. 
Congressional 
Operations 
Appropriations 
Act, 1988. 
20 u s e 60a note. 
REPRESENTATION ALLOWANCES FOR THE MAJORITY AND MINORITY 
LEADERS 
For representation allowances of the Majority and Minority Lead-
ers of the Senate, $10,000 for each such Leader, in all $20,000. 
SALARIES, OFFICERS AND EMPLOYEES 
For compensation of officers, employees, clerks to Senators, and 
others as authorized by law, including agency contributions, 
$196,196,700 which shall be paid from this appropriation without 
regard to the below limitations, as follows: 
OFFICE OF THE VICE PRESIDENT 
For the Office of the Vice President, $1,145,000. 
OFFICE OF THE PRESIDENT PRO TEMPORE 
For Office of the President Pro Tempore, $153,000. 
101 STAT. 1329-291 
PUBLIC LAW 100-202—DEC. 22, 1987 
OFFICE OF THE DEPUTY PRESIDENT PRO TEMPORE 
For the Office of the Deputy President Pro Tempore, $90,000. 
OFFICES OF THE MAJORITY AND MINORITY LEADERS 
For Offices of the Majority and Minority Leaders, $1,388,000. 
OFFICES OF THE MAJORITY AND MINORITY WHIPS 
For Offices of the Majority and Minority Whips, $431,000. 
CONFERENCE COMMITTEES 
^ 
For the Conference of the Majority and the Conference of the 
Minority, at rates of compensation to be fixed by the Chairman of 
each such committee, $556,500 for each such committee; in all, 
$1,113,000. 
*
* 
OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY 
AND THE CONFERENCE OF THE MINORITY 
For Offices of the Secretaries of the Conference of the Majority 
and the Conference of the Minority, $270,000. 
OFFICE OF THE CHAPLAIN 
"' 
t9 ')^ J i 
p^j. Q^^g ^^^j^g Chaplain, $115,000. 
**""' < ^ ^ 
'• • • 
O F F I C E O F T H E S E C R E T A R Y 
^ 
For Office of the Secretary, $8,005,000. 
ADMINISTRATIVE, CLERICAL, AND LEGISLATIVE ASSISTANCE TO 
SENATORS 
For administrative, clerical, and legislative assistance to Senators, 
$109,605,500. 
OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER 
i J i 
For Office of the Sergeant at Arms and Doorkeeper, $44,161,000. 
OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY 
For Offices of the Secretary for the Majority and the Secretary for 
the Minority, $918,000. 
AGENCY CONTRIBUTIONS 
For agency contributions for employee benefits, as authorized by 
law, $28,802,200. 
OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE 
For salaries and expenses of the Office of the Legislative Counsel 
of the Senate, $1,764,000: Provided, That the amounts appropriated 
to the Office of the Legislative Counsel of the Senate for fis<^ year 
1987 shall remain available until September 30,1988. 
- -->• - » • 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-292 
OFFICE OF SENATE LEGAL COUNSEL 
For salaries and expenses of the Office of Senate Legal Counsel, 
$633,000. 
EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT 
AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRETARIES FOR 
THE MAJORITY AND MINORITY OF THE SENATE 
For expense allowances of the Secretary of the Senate, $3,000; 
Sergeant at Arms and Doorkeeper of the Senate, $3,000; Secretary 
for the Majority of the Senate, $3,000; Secretary for the Minority of 
the Senate, $3,000; in all, $12,000. 
CONTINGENT EXPENSES OF THE SENATE 
SENATE POUCY COMMITTEES 
For salaries and expenses of the Majority Policy Committee and 
the Minority Policy Committee, $1,101,500 for each such committee; 
in all, $2,203,000. 
INQUIRIES AND INVESTIGATIONS 
For expenses of inquiries and investigations ordered by the 
Senate, or conducted pursuant to section 134(a) of Public Law 601, 
Seventy-ninth Congress, as amended, section 112 of Public Law 96-
304 and Senate Resolution 281, agreed to March 11, 1980, 
$57,161,000. 
EXPENSES OF UNITED STATES SENATE CAUCUS ON INTERNATIONAL 
NARCOTICS CONTROL 
For expenses of the United States Senate Caucus on International 
Narcotics Control, as authorized by section 814 of the Foreign 
Relations Authorization Act passed by the Senate on July 31, 1985, 
$325,000. 
SECRETARY OF THE SENATE 
For expenses of the Office of the Secretary of the Senate, $666,300. 
SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE 
For expenses of the Office of the Sergeant at Arms and Door-
keeper of the Senate, $68,021,000: Provided, That of the amounts 
appropriated under this head in the Legislative Branch Appropria-
tions Act, 1986 (Public Law 99-151), $2,250,000 shall remain avail-
able until September 30,1988. 
MISCELLANEOUS ITEMS 
For miscellaneous items, $10,183,000: Provided, That, from funds 
2 use 6ig-8. 
appropriated to the Conference of the Majority and from funds 
appropriated to the Conference of the Minority for any fiscal year, 
such Conference may utilize such amounts as it deems appropriate 
for the specialized training of professional staff, subject to such 
limitations, insofar as they are applicable, as are imposed by the 
Committee on Rules and Administration with respect to such train-
ing when provided to professional staff of standing committees of 
the Senate. 
101 STAT. 1329-293 
PUBLIC LAW 100-202—DEC. 22, 1987 
STATIONERY (REVOLVING FUND) 
For stationery for the President of the Senate, $4,500, for officers 
of the Senate and the Conference of the Majority and Conference of 
the Minority of the Senate, $8,500; in all, $13,000. 
ADMINISTRATIVE PROVISIONS 
SEC. 1. (a) The table and the sentence immediately following such 
table in subsection (dXD of section 105 of the Legislative Branch 
Appropriation Act, 1968 (2 U.S.C. 61-l(dXl)), is amended to read as 
follows: 
"$740,000 if the population of his State is less than 1,000,000; 
"$775,950 if such population is 1,000,000 but less than 2,000,000; 
"$811,900 if such population is 2,000,000 but less than 3,000,000; 
"$847,850 if such population is 3,000,000 but less than 4,000,000; 
"$883,800 if such population is 4,000,000 but less than 5,000,000; 
"$919,750 if such population is 5,000,000 but less than 6,000,000; 
"$955,700 if such population is 6,000,000 but less than 7,000,000; 
"$991,650 if such population is 7,000,000 but less than 8,000,000; 
"$1,027,600 if such population is 8.000,000 but less than 9,000,000; 
"$1,063,550 if such population is 9,000,000 but less than 10,000,000; 
"$1,099,500 if such population is 10,000,000 but less than 11,000,000; 
"$1,135,450 if such population is 11,000,000 but less than 12,000,000; 
"$1,171,400 if such population is 12,000,000 but less than 13,000,000; 
"$1,207,350 if such population is 13,000,000 but less than 14,000,000; 
"$1,243,300 if such population is 14,000,000 but less than 15,000,000; 
"$1,279,250 if such population is 15,000,000 but less than 16,000,000; 
"$1,315,200 if such population is 16,000,000 but less than 17,000,000; 
"$1,351,150 if such population is 17,000,000 but less than 18,000,000; 
"$1,374,150 if such population is 18,000,000 but less than 19,000,000; 
"$1,397,150 if such population is 19,000,000 but less than 20,000,000; 
"$1,420,150 if such population is 20,000,000 but less than 21,000,000; 
"$1,443,150 if such population is 21,000,000 but less than 22,000,000; 
"$1,466,150 if such population is 22,000,000 but less than 23,000,000; 
"$1,489,150 if such population is 23,000,000 but less than 24,000,000; 
"$1,512,150 if such population is 24,000,000 but less than 25,000,000; 
"$1,535,150 if such population is 25,000,000 but less than 26,000,000; 
"$1,558,150 if such population is 26,000,000 but less than 27,000,000; 
"$1,581,150 if such population is 27.000,000 but less than 28,000,000; and 
"$1,604,150 if such population is 28,000,000 or more. 
"For any fiscal year, the population of a State shall be deemed to 
be whichever of the following is the higher: 
"(I) the population of such State (as determined for purposes 
of this paragraph) for the preceding fiscal year; or 
"(II) the population of such State as of the first day of such 
fiscal year, as determined by the latest census (provisional or 
otherwise) conducted prior to such first day by the Bureau of 
the Census within the Department of Commerce. 
"If the population of any State, as determined under the preced-
ing sentence, is not evenly divisible by 1,000,000, the population of 
such State shall be deemed to be increased to the next higher 
multiple of 1,000,000. 
"If, for any period after a fiscal year has begun, the census figures 
of the most recent census conducted prior to the first day of such 
year have not been officially released, then, for such period, in the 
administration of this paragraph, it shall be assumed that the 
population of each State is the same as such State's population (as 
determined for purposes of this paragraph) for the preceding fiscal 
year. 
"In the event that the term of office of a Senator begins after the 
first month of a fiscal year or ends (except by reason of death, 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-294 
resignation, or expulsion) before the last month of a fiscal year, the 
aggregate amount available for gross compensation of employees in 
the office of such Senator for such year shall be the applicable 
amount contained in the preceding table, divided by 12, and multi-
plied by the number of months in such year which are included in 
the Senator's term of office, counting any fraction of a month as a 
full month.". 
(b) The amendment made by this section shall be effective in the 
case of fiscal years beginning after September 30,1987. 
SEC. 2. (a) Effective with respect to pay periods beginning on or 
after the enactment of this Act, the Chaplain of the Senate shall be 
compensated at a rate equal to the annual rate of basic pay for level 
IV of the Executive Schedule under section 5315 of title 5, United 
States Code. 
Oa) The second proviso, under the headings "SENATE" and 
"Office of the Chaplain", of the Legislative Branch Appropriation 
Act, 1970 (Public Law 91-145) is amended to read as follows: "Pro-
vided further, That the Chaplain of the Senate may appoint and fix 
the compensation of a secretary". 
SEC. 3. (a) Section 192 of title I, Chapter IX, of the Supplemental 
Appropriations Act, 1985 (Public Law 99-88; 99 Stat. 349; 2 U.S.C. 
68-5) is amended— 
(1) by striking out "and", where it appears immediately after 
"Minority Whip of the Senate,", and inserting in lieu thereof 
"one for the attending physician, one as authorized by Senate 
Resolution 90 of the 100th Congress"; and 
(2) by inserting immediately before the period at the end of 
such section the following: ", and such additional number as is 
otherwise specifically authorized by law". 
O
b
) The amendments made by subsection (a) shall be effective in 
the case of fiscal years ending after September 30,1986. 
SEC. 4. Section 151(a) of Public Law 99-591 (100 Stat. 3341-3355) is 
amended by striking out "during fiscal year 1987". 
SEC. 5. Subsection (i) of section 814 of the Foreign Relations 
Authorization Act, fiscal years 1986 and 1987 (Public Law 99-93), as 
amended by Public law 99-151, is amended by striking out "1987" 
and inserting "1988". 
SEC. 6. Effective in the case of fiscal years beginning after Septem-
ber 30, 1986, the first sentence of section 107(a) of the Supplemental 
Appropriations Act, 1979 (Public Law 96-38; 2 U.S.C. 69a), is 
amended by striking out "$2,000" and inserting in lieu thereof 
"$4,000". 
SEC. 7. The Chairman of the Majority or Minority Conference 
Committee of the Senate may, during the fiscal year ending Septem-
ber 30,1988, at his election, transfer not more than $50,000 from the 
appropriation account for salaries for the Conference of the Majority 
and the Conference of the Minority of the Senate, to the account, 
within the contingent fund of the Senate, from which expenses are 
payable under section 120 of Public Law 97-51 (2 U.S.C. 61g-6). Any 
transfer of funds under authority of the preceding sentence shall be 
made at such time or times as such chairman shall specify in 
writing to the Senate Disbursing Office. Any funds so transferred by 
the chairman of the Majority or Minority Conference Committee 
shall be available for expenditure by such committee in like manner 
and for the same purposes as are other moneys which are available 
for expenditure by such committee from the account, within the 
Effective date. 
2 use 61-1 note. 
2 use 61d. 
2 use 61d-l. 
Effective date. 
2 use 68-5 note. 
40 use 756b. 
22 use 2291 
note. 
101 STAT. 1329-295 
PUBLIC LAW 100-202—DEC. 22, 1987 
contingent fund of the Senate, from which expenses are payable 
under section 120 of Public Law 97-51 (2 U.S.C. 61g-6). 
2 use 68-6. 
SEC. 8. (a) The Secretary of the Senate is authorized, with the 
approval of the Senate Committee on Appropriations, to transfer, 
during any fiscal year, from the appropriations account, within the 
contingent fund of the Senate, for expenses of the Office of the 
Secretary of the Senate, such sums as he shall specify to the Senate 
appropriations account, appropriated under the headings "Salaries, 
Officers and Employees" and "Office of the Secretary"; and any 
funds so transferred shall be available in like manner and for the 
same purposes as are other funds in the account to which the funds 
are transferred. 
(b) The Sergeant at Arms and Doorkeeper of the Senate is au-
thorized, with the approval of the Senate Committee on Appropria-
tions, to transfer, during any fiscal year, from the appropriations 
account, within the contingent fund of the Senate, for expenses of 
,, 
., 
the Office of the Sergeant at Arms and Doorkeeper of the Senate, 
' ^ 
^ 
such sums as he shall specify to the appropriations account, appro-
priated under the headings 'Salaries, Officers and Employees' and 
Office of the Sergeant at Arms and Doorkeeper"; and any funds so 
transferred shall be available in like manner and for the same 
purposes as are other funds in the account to which the funds are 
SEC. 9. Section 114 of Public Law 95-94, as amended (2 U.S.C. 61-
la), is amended to read as follows: 
"SEC. 114. Notwithstanding any other provision of law, appro-
priated funds are available for payment to an individual of pay from 
more than one position, each of which is either in the office of a 
Senator and the pay of which is disbursed by the Secretary of the 
Senate or is in another office and the pay of which is disbursed by 
the Secretary of the Senate out of an appropriation under the 
•'^^' 
heading "SALARIES, OFFICERS, AND EMPLOYEES , if the aggregate 
do 
gross pay from those positions does not exceed the maximum rate 
specified in section 105(dX2) of the Legislative Appropriations Act of 
1968, as amended and modified.". 
£ >?i > 
HOUSE OF REPRESENTATIVES 
'•' PAYMENTS TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF 
CONGRESS 
Lucie C. 
For pa3nnent to Lucie C. McKinney, widow of Stewart B. McKin-
McKinney. 
^ey, late a Representative from the State of Connecticut, $89,500. 
MILEAGE OF MEMBERS 
For mileage of Members, as authorized by law, $210,000. 
HOUSE LEADERSHIP OFFICES 
For salaries and expenses, as authorized by law, $3,456,000, 
including: Office of the Speaker, $798,000, including $18,000 for 
official expenses of the Speaker; Oifffce of the Majority Floor Leader, 
$708,000, including $10,000 for official expenses of the Majority 
Leader; Office of the Minority Floor Leader, $789,000, including 
$10,000 for official expenses of the Minority Leader; Office of the 
Majority Whip, $621,000, including $5,000 for official expenses of the 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-296 
Majority Whip and not to exceed $149,950 for the Chief Deputy 
Majority Whip; Office of the Minority Whip, $540,000, including 
$5,000 for official expenses of the Minority Whip and not to exceed 
$79,150 for the Chief Deputy Minority Whip. 
MEMBERS' CLERK HIRE 
For staff employed by each Member in the discharge of his official 
and representative duties, $174,556,000. 
COMMITTEE EMPLOYEES 
For professional and clerical employees of standing committees, 
including the Committee on Appropriations and the Committee on 
the Budget, $49,102,000. 
COMMITTEE ON THE BUDGET (STUDIES) 
For salaries, expenses, and studies by the Committee on the 
Budget, and temporary personal services for such committee to be 
expended in accordance with sections 101(c), 606, 703, and 901(e) of 
the Congressional Budget Act of 1974, and to be available for 
reimbursement to agencies for services performed, $329,000. 
CONTINGENT EXPENSES OF THE HOUSE 
STANDING COMMITTEES, SPECIAL AND SELECT 
For salaries and expenses of standing committees, special and 
select, authorized by the House, $52,418,000. 
ALLOWANCES AND EXPENSES 
t?; J 
(INCLUDING TRANSFER OF FUNDS) 
For allowances and expenses as authorized by House resolution or 
law, $174,797,000, including: Official 
Expenses of Members, 
$81,523,000; supplies, materials, administrative costs and Federal 
tort claims, $16,719,000; furniture and furnishings, $1,005,000; steno-
graphic reporting of committee hearings, $550,000; reemployed 
annuitants reimbursements, $1,118,000; Government contributions 
to employees' life insurance fund, retirement funds, Social Security 
fund. Medicare fund, health benefits fund, and worker's and un-
employment compensation, $73,260,000; and miscellaneous items 
including, but not limited to, purchase, exchange, maintenance, 
repair and operation of House motor vehicles, restaurants, 
interparliamentary receptions and gratuities to heirs of deceased 
employees of the House, $622,000: Provided, That effective upon Effective date. 
enactment of this Act, an amount not to exceed $132,000 shall be 
made available by transfer from the appropriation for "House office 
buildings, 1987, No year" for deposit in the account established by 
section 208 of the First Supplemental Civil Functions Appropria-
tions Act, 1941 (40 U.S.C. 174k(b)). 
Such amounts as are deemed necessary for the payment of allow-
ances and expenses under this head may be transferred between the 
various categories within this appropriation, "Allowances and ex-
penses", upon the approval of the Committee on Appropriations of 
the House of Representatives. 
101 STAT. 1329-297 
PUBLIC LAW 100-202—DEC. 22, 1987 
COMMITTEE ON APPROPRIATIONS (STUDIES AND INVESTIGATIONS) 
For salaries and expenses, studies and examinations of executive 
agencies, by the Committee on Appropriations, and temporary per-
sonal services for such committee, to be expended in accordance 
with section 202(b) of the Legislative Reorganization Act, 1946, and 
to be available for reimbursement to agencies for services per-
formed, $4,300,000. 
SALARIES, OFFICERS AND EMPLOYEES 
For compensation and expenses of officers and employees, as 
authorized by law, $54,529,000, including: Office of the Clerk, 
$14,917,000; Office of the Sergeant at Arms, including overtime, as 
authorized by law, $21,180,000; Office of the Doorkeeper, including 
overtime, as authorized by law, $7,915,000; Office of the Postmaster, 
$2,517,000, including $48,124 for employment of substitute mes-
sengers and extra services of regular employees when required at 
the salary rate of not to exceed $16,766 per annum each; Office of 
the Chaplain, $75,000; Office of the Parliamentarian, including the 
Parliamentarian and $2,000 for preparing the Digest of Rules, 
$716,000; for salaries and expenses of the Office for the Bicentennial 
of the House of Representatives, $243,000; for salaries and expenses 
of the Office of the Law Revision Counsel of the House, $870,000; for 
salaries and expenses of the Office of the Legislative Counsel of the 
House, $3,025,000; six minority employees, $447,000; the House 
Democratic Steering Committee and Caucus, $721,000; the House 
Republican Conference, $721,000; and other authorized employees, 
$1,182,000. 
Such amounts as are deemed necessary for the payment of sala-
ries of officers and employees under this head may be transferred 
between the various offices and activities within this appropriation, 
"Salaries, officers and employees", upon the approval of the 
Committee on Appropriations of the House of Representatives. 
ADMINISTRATIVE PROVISIONS 
SEC. 101. Of the amounts appropriated in fiscal year 1988 for the 
House of Representatives under the headings "Committee employ-
ees", "Standing committees, special and select", "Salaries, officers 
and employees", "Allowances and expenses", "House leadership 
offices", and "Members' clerk hire", such amounts as are deemed 
necessary for the payment of salaries and expenses may be trans-
ferred among the aforementioned accounts upon approval of the 
Committee on Appropriations of the House of Representatives. 
SEC. 102. (a) One additional employee is authorized for each of the 
'
^
^ 
following: 
(1) the House Democratic Steering and Policy Committee; and 
(2) the House Republican Conference. 
(b) The annual rate of pay for the positions established under 
subsection (a) shall not exceed 60 percent of the annual rate of pay 
payable from time to time for level V of the Executive Schedule 
under section 5316 of title 5, United States Code. 
JOINT ITEMS 
For joint committees, as follows: 
- ->---- 
. . . . .^.,. - ^^ wi.-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-298 
CONTINGENT EXPENSES OF THE SENATE 
JOINT ECONOMIC COMMITTEE 
For salaries and expenses of the Joint Economic Committee, 
$3,179,000. 
JOINT COMMITTEE ON PRINTING 
For salaries and expenses of the Joint Committee on Printing, 
$1,037,000. 
CONTINGENT EXPENSES OF THE HOUSE 
JOINT COMMITTEE ON TAXATION 
For salaries and expenses of the Joint Committee on Taxation, 
$4,219,000, to be disbursed by the Clerk of the House. 
For other joint items, as follows: 
OFFICE OF THE ATTENDING PHYSICIAN 
For medical supplies, equipment, and contingent expenses of the 
emergency rooms, and for the Attending Physician and his assist-
ants, including (1) an allowance of $1,000 per month to the Attend-
ing Physician; (2) an allowance of $600 per month to one Senior 
Medical Officer while on duty in the Attending Physician's office; (3) 
an allowance of $200 per month each to two medical officers while 
on duty in the Attending Physician's office; (4) an allowance of $200 
per month each to not to exceed twelve assistants on the basis 
heretofore provided for such assistance; and (5) $963,600 for re-
imbursement to the Department of the Navy for expenses incurred 
for staff and equipment assigned to the Office of the Attending 
Physician, such amount shall be advanced and credited to the 
applicable appropriation or appropriations from which such sala-
ries, allowances, and other expenses are payable and shall be avail-
able for all the purposes thereof, $1,493,000, to be disbursed by the 
Clerk of the House. 
CAPITOL POLICE 
GENERAL EXPENSES 
For purchasing and supplying uniforms; the purchase, mainte-
nance, and repair of police motor vehicles, including two-way police 
radio equipment; contingent expenses, including advance payment 
for travel for training or other purposes, and expenses associated 
with the relocation of instructor personnel to and from the Federal 
Law Enforcement Training Center as approved by the Chairman of 
the Capitol Police Board, and including $85 per month for extra 
services performed for the Capitol Police Board by such member of 
the staff of the Sergeant at Arms of the Senate or the House as may 
be designated by the Chairman of the Board, $1,734,000, to be 
disbursed by the Clerk of the House: Provided, That the funds used 
to maintain the petty cash fund referred to as "Petty Cash 11" which 
is to provide for the prevention and detection of crime shall not 
exceed $4,000: Provided further, That the funds used to maintain the 
petty cash fund referred to as "Petty Cash III" which is to provide 
for the advance of travel expenses attendant to protective assign-
ments shall not exceed $4,000: Provided further, That, notwithstand-
91-194 O - 90 - 21 : QL.3 Part 2 
101 STAT. 1329-299 
PUBLIC LAW 100-202—DEC. 22, 1987 
ing any other provision of law, the cost involved in providing basic 
training for members of the Capitol Police at the Federal Law 
Enforcement Training Center for fiscal year 1988 shall be paid by 
the Secretary of the Treasury from funds available to the Treasury 
Department. 
OFFICIAL MAIL COSTS 
< 
^
^ 
For expenses necessary for official mail costs, $82,163,000, to be 
disbursed by the Clerk of the House, to be available immediately 
upon enactment of this Act: Provided, That funds appropriated for ,? 
such purpose for the fiscal year ending September 30, 1987, shall 
remain available until expended. 
CAPITOL GUIDE SERVICE 
For salaries and expenses of the Capitol Guide Service, $1,137,000, 
to be disbursed by the Secretary of the Senate: Provided, That none 
of these funds shall be used to employ more than thirty-three 
individuals: Provided further. That the Capitol Guide Board is au-
thorized, during emergencies, to employ not more than two addi-
tional individuals for not more than one hundred twenty days each, 
and not more than ten additional individuals for not more than six ,. 
months each, for the Capitol Guide Service. 
.. 
.^ 
, , 
. , ^ 
STATEMENTS OF APPROPRIATIONS 
'*Y 
^ 
M^T 
For the preparation, under the direction of the Committees on " 
Appropriations of the Senate and House of Representatives, of the I 
statements for the first session of the One Hundredth**" Congress, . 
showing appropriations made, indefinite appropriations, and con- ]j 
tracts authorized, together with a chronological histoir of the regu- ,1 
lar appropriations bills as required by law, $19,000, to be paid to the 1 
persons designated by the chairmen of such committees to supervise ' 
the work. 
OFFICE OF TECHNOLOGY ASSESSMENT 
SALARIES AND EXPENSES 
For salaries and expenses necessary to carry out the provisions of 
the Technology Assessment Act of 1972 (Public Law 92-484), includ-
ing reception and representation expenses (not to exceed $3,000 from 
the Trust Fund), and rental of space in the District of Columbia, and , 
those necessary to carry out the duties of the Director of the Office 
of Technology Assessment under section 1886 of the Social Security -
1 
Act as £miended by section 601 of the Social Security Amendments of 
1983 (Public Law 98-21), and those necessary to carry out the duties v 
of the Director of the Office of Technology Assessment under part B 
of title XVIII of the Social Security Act as amended by section 9305 
of the Consolidated Omnibus Reconciliation Act of 1985 (Public Law 
99-272), $16,901,000: Provided, That none of the funds in this Act ,, 
shall be available for salaries or expenses of any employee of the •, 
Office of Technology Assessment in excess of 143 staff employees: ^I 
Provided further. That no part of this appropriation shall be avail- i 
able for assessments or activities not initiated and approved in '.. 
accordance with section 3(d) of Public Law 92-484, except that funds ^ 
shall be available for the assessment required by Public Law 96-151: 
Provided further. That none of the funds in this Act shall be ' 
"•Copy read "One-hundredth". 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-300 
available for salaries or expenses of employees of the Office of 
Technology Assessment in connection with any reimbursable study 
for which funds are provided from sources other than appropriations 
made under this Act, or be available for any other administrative 
expenses incurred by the Office of Technology Assessment in carry-
ing out such a study, except that funds shall be available for and 
reimbursement can be accepted for salaries or expenses of the Office 
of Technology Assessment in connection with the assessment re-
quired by section 101(b) of Public Law 99-190. 
BIOMEDICAL ETHICS BOARD 
SALARIES AND EXPENSES 
For the Biomedical Ethics Board and the Biomedical Ethics Ad-
visory Committee, as authorized by section 381 of the Public Health 
Service Act (Public Law 99-158), $100,000: Provided, That of the 
amounts appropriated under this head in the Legislative Branch 
Appropriations Act, 1987 (as enacted by Public Law 99-500 and 
Public Law 99-591), shall remain available for obligation until 
September 30,1988. 
CONGRESSIONAL AWARD BOARD 
;*/> 
CONGRESSIONAL AWARD PROGRAM 
Notwithstanding any other provision of law, there is appropriated 
to the Congressional Award Board (established by Public Law 96-
114; 2 U.S.C. 801) the sum of $189,000, to be disbursed by the Clerk of 
the House upon vouchers approved by the Chairman of the Congres-
sional Award Board or another member of the Board as delegated by 
the Chairman, to remain available without fiscal year limitation: 
Provided, That notwithstanding any provision of such Public Law 
96-114, such sum shall be used by the Congressional Award Board in 
the same manner and for the same purposes, and subject to the 
same limitations, as are funds donated to such Board by private 
individuals: Provided further, That these funds may only be used for 
routine operational purposes and may not be allocated for the 
payment of any debt outstanding as of the date of enactment of this 
Act. 
CONGRESSIONAL BUDGET OFFICE 
^.rii 
SALARIES AND EXPENSES 
For salaries and expenses necessary to carry out the provisions of 
the Congressional Budget Act of 1974 (Public Law 93-344), 
$17,886,000: Provided, That none of these fundis shall be available for 
the purchase or hire of a passenger motor vehicle: Provided further. 
That none of the funds in this Act shall be available for salaries or 
expenses of any employee of the Congressional Budget Office in 
excess of 226 staff employees: Provided further, That any sale or 2 USC 605. 
lease of property, supplies, or services to the Congressional Budget 
Office shall be deemed to be a sale or lease of such property, 
supplies, or services to the Congress subject to section 903 of Public 
Law 98-63. 
101 STAT. 1329-301 
PUBLIC LAW 100-202—DEC. 22, 1987 
r 
ARCHITECT OF THE CAPITOL 
•J. , i_ 
O F F I C E OF THE ARCHITECT OF THE 
CAPITOL 
SALARIES 
For the Architect of the Capitol; the Assistant Architect of the 
Capitol; the Executive Assistant; and other personal services; at 
rates of pay provided by law, $5,925,000. 
TRAVEL 
40 use 166a. 
Appropriations under the control of the Architect of the Capitol 
shall be available for expenses of travel on official business not to 
exceed in the aggregate under all funds the sum of $10,000. 
CONTINGENT EXPENSES 
To enable the Architect of the Capitol to make surveys and 
studies, and to meet unforeseen expenses in connection with activi-
ties under his care, $48,000. 
CAPITOL BUILDINGS AND GROUNDS 
CAPITOL BUILDINGS 
For all necessary expenses for the maintenance, care and oper-
ation of the Capitol Building and electrical substations of the Senate 
and House Office Buildings, under the jurisdiction of the Architect 
of the Capitol, including furnishings and office equipment; not to 
exceed $1,000 for official reception and representation expenses, to 
be expended as the Architect of the Capitol may approve; purchase 
or exchange, maintenance and operation of a passenger motor 
vehicle; for expenses of attendance, when specifically authorized by 
the Architect of the Capitol, at meetings or conventions in connec-
tion with subjects related to work under the Architect of the Capitol, 
and for security installations, which are approved by the Capitol 
Police Board, authorized by House Concurrent Resolution 550, 
Ninety-second Congress, agreed to September 19, 1972, the cost 
limitation of which is hereby further increased by $111,000, 
$12,793,000, of which $360,000 shall remain available 
until 
expended. 
v,y, 
CAPITOL GROUNDS 
.(^%- 
. 
For all necessary expenses for care and improvement of grounds 
surrounding the Capitol, the Senate and House Office Buildings, and 
the Capitol Power Plant, $3,404,000. 
' 
SENATE OFFICE BUILDINGS 
* 
For all necessary expenses for maintenance, care and operation of 
Senate Office Buildings; and furniture and furnishings, to be ex-
pended under the control and supervision of the Architect of the 
,;, 
Capitol, $23,265,000. of which $3,943,000 shall remain available until 
expended: Provided, That $928,000 of funds provided under this head 
are for improvements to the Senate Restaurants kitchen in the 
Dirksen Building: Provided further, That no obligations can be made 
from this amount for improvements to the Senate Restaurants 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-302 
kitchen in the Dirksen Building without the prior approval of the 
Committee on Appropriations of the United States Senate. 
HOUSE OFFICE BUILDINGS 
For all necessary expenses for the maintenance, care and oper-
ation of the House Office Buildings, including the position of Super-
intendent of Garages as authorized by law, $30,547,000, of which 
$8,010,000 shall remain available until expended. 
CAPITOL POWER PLANT 
For all necessary expenses for the maintenance, care and oper-
ation of the Capitol Power Plant; for lighting, heating, and power 
(including the purchase of electrical energy) for the Capitol, Senate 
and House Office Buildings, Congressional Library Buildings, and 
the grounds about the same, Botanic Garden, Senate garage, and for 
air conditioning refrigeration not supplied from plants in any of 
such buildings; for heating the Government Printing Office and 
Washington City Post Office and heating and chilled water for air 
conditioning for the Supreme Court Building, Union Station com-
plex and the Folger Shakespeare Library, expenses for which shall 
be advanced or reimbursed upon request of the Architect of the 
Capitol and amounts so received shall be deposited into the Treas-
ury to the credit of this appropriation; $24,583,000: Provided, That 
not to exceed $1,950,000 of the funds credited or to be reimbursed to 
this appropriation as herein provided shall be available for obliga-
tion during fiscal year 1988. 
ADMINISTRATIVE PROVISIONS 
SEC. 103. Notwithstanding any other provisions of law, the Ar- 40 usc l66b-6 
chitect of the Capitol is hereby authorized to (1) develop a pilot note. 
program to determine the economic feasibility and efficiency of 
centralizing certain maintenance functions, to assign and reassign, 
without increase or decrease in basic salary or wages, any person on 
the employment rolls of the Office of the Architect of the Capitol, for 
personal services in any buildings, facilities, or grounds under his 
jurisdiction for which appropriations have been made and are avail-
able; (2) maintain appropriate cost and productivity records for the 
program; and (3) report to appropriate authorities, including the 
Committees on Appropriations, on the results of the program, to-
gether with recommendations for continuation or expansion of the 
program. 
SEC. 104. The Architect of the Capitol, under the direction of the 
Joint Committee on the Library, is authorized to accept donations to 
restore and display the Statue of Freedom model. 
LIBRARY OF CONGRESS 
CONGRESSIONAL RESEARCH SERVICE 
.t%i 
SALARIES AND EXPENSES 
For necessary expenses to carry out the provisions of section 203 
of the Legislative Reorganization Act of 1946, as amended by section 
321 of the Legislative Reorganization Act of 1970 (2 U.S.C. 166) and 
101 STAT. 1329-303 
PUBLIC LAW 100-202—DEC. 22, 1987 
to revise and extend the Annotated Constitution of the United 
States of America, $43,022,000: Provided, That no part of this appro-
priation may be used to pay any salary or expense in connection 
with any publication, or preparation of material therefor (except the 
Digest of Public General Bills), to be issued by the Library of 
Congress unless such publication has obtained prior approval of 
either the Committee on House Administration or the Senate 
2 use 166 note. 
Committee on Rules and Administration: Provided further, That, 
notwithstanding any other provisions of law, the compensation of 
the Director of the Congressional Research Service, Library of Con-
gress, shall be at an annual rate which is equal to the annual rate of 
basic pay for positions at level IV of the Executive Schedule under 
section 5315 of title 5, United States Code. 
. 
GOVERNMENT PRINTING OFFICE 
' 
. 
'' *' . ,^ 
CONGRESSIONAL PRINTING AND BINDING 
For authorized printing and binding for the Congress; for printing 
and binding for the Architect of the Capitol; expenses necessary for 
preparing the semimonthly and session index to the Congressional 
Record, as authorized by law (44 U.S.C. 902); printing and binding of 
Government publications authorized by law to be distributed to 
Members of Congress; and for printing, binding, and distribution of 
Government publications authorized by law to be distributed with-
out charge to the recipient, $70,359,000: Provided, That funds 
remaining from the unexpended balances from obligations made 
under prior year appropriations for this account shall be available 
for the purposes of the printing and binding account for the same 
fiscal year: Provided further. That this appropriation shall not be 
available for printing and binding part 2 of the annual report of the 
O
B 
tj 0* Secretary of Agriculture (known as the Yearbook of Agriculture) nor 
for copies of the permanent edition of the dlongressional Record for 
individual Representatives, Resident (Commissioners or Delegates 
authorized under 44 U.S.C. 906: Provided further. That, to the extent 
that funds remain from the unexpended balance of fiscal year 1984 
and fiscal year 1985 funds obligated for the printing and binding 
costs of publications produced for the Bicentennial of the (Dongress, 
such remaining funds shall be available for the current year print-
ing and binding cost of publications produced for the Bicentennial. 
Provided further. That this appropriation shall be available for the 
pa3nnent of obligations incurred under the appropriations for simi-
lar purposes for preceding fiscal years. 
This title may be cited as the "(Congressional Operations Appro-
priations Act, 1988". 
TITLE II—OTHER AGENaES 
" 
' ' ' 
BOTANIC GARDEN 
SALARIES AND EXPENSES ' '^ 
For all necessary expenses for the maintenance, care and oper-
ation of the Botanic Garden and the nurseries, buildings, grounds, 
and collections; purchase and exchange, maintenance, repair, and 
operation of a passenger motor vehicle; all under the direction of the 
Joint (Committee on the Library, $2,221,000. 
Mm) 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-304 
*". 
' ^ 
LIBRARY OF CONGRESS 
SALARIES AND EXPENSES 
" ' 
For necessary expenses of the Library of Congress, not otherwise 
provided for, including the Speaker's Civic Achievement Awards 
Program, subject to authorization, development and maintenance of 
the Union Catalogs; custody, care and maintenance of the Library 
Buildings; special clothing; cleaning, laundering and repair of uni-
forms; preservation of motion pictures in the custody of the Library; 
operation and maintenance of the American Folklife Center in the 
Library; preparation and distribution of catalog cards and other 
publications of the Library; and expenses of the Library of Congress 
Trust Fund Board not properly chargeable to the income of any 
trust fund held by the Board, $143,866,000, of which not more than 
$5,000,000 shall be derived from collections credited to this appro-
priation during fiscal year 1988 under the Act of June 28, 1902, as 
amended (2 U.S.C. 150): Provided, That the total amount available 
for obligation shall be reduced by the amount by which collections 
are less than the $5,000,000: Provided further, That, of the total 
amount appropriated, $4,944,000 is to remain available until ex-
pended for acquisition of books, periodicals, and newspapers, and all 
other materials including subscriptions for bibliographic services for 
the Library, including $40,000 to be available solely for the pur-
chase, when specifically approved by the Librarian, of special and 
unique materials for additions to the collections. 
COPYRIGHT OFFICE 
SALARIES AND EXPENSES 
For necessary expenses of the Copyright Office, including publica-
tion of the decisions of the United States courts involving copy-
rights, $19,061,000, of which not more than $7,000,000 shall be 
derived from collections credited to this appropriation during fiscal 
year 1988 under 17 U.S.C. 708(c), and not more than $931,000 shall 
be derived from collections during fiscal year 1988 under 17 U.S.C. 
lll(dX3) and 116(cXl): Provided, That the total amount available for 
obligation shall be reduced by the amount by which collections are 
less than the $7,931,000: Provided further, That $150,000 of the 
unobligated balance of that part of the appropriation "Salaries and 
Expenses, Copyright Office" for the fiscal year 1987, for the acquisi-
tion of a stand-alone data system for the processing of cable tele-
vision statements and jukebox registrations, shall remain available 
until September 30,1988. 
BOOKS FOR THE BUND AND PHYSICALLY HANDICAPPED 
SALARIES AND EXPENSES 
For salaries and expenses to carry out the provisions of the Act 
approved March 3, 1931, as amended (2 U.S.C. 135a), $36,186,000. 
FURNITURE AND FURNISHINGS 
For necessary expenses for the purchase and repair of furniture, 
furnishings, office and library equipment, $5,816,000, of which 
$4,781,000 shall be available until expended only for the purchase 
101 STAT. 1329-305 
PUBLIC LAW 100-202—DEC. 22, 1987 
and supply of furniture, shelving, furnishings, and related costs 
necessary for the renovation and restoration of the Thomas Jeffer-
son and John Adams Library Buildings. 
ADMINISTRATIVE PROVISIONS 
SEC. 201. Appropriations in this Act available to the Library of 
Congress shall be available, in an amount not to exceed $101,390 of 
which $23,900 is for the Congressional Research Service, when 
specifically authorized by the Librarian, for expenses of attendance 
at meetings concerned with the function or activity for which the 
appropriation is made. 
SEC. 202. (a) No part of the funds appropriated in this Act shall be 
used by the Library of Congress to administer any flexible or 
compressed work schedule which— 
(1) applies to any manager or supervisor in a position the 
grade or level of which is equal to or higher than OS-15; and 
(2) grants the manager or supervisor the right to not be at 
work for all or a portion of a workday because of time worked 
by the manager or supervisor on another workday. 
O
t
>
) For purposes of this section, the term "manager or supervisor" 
means any management official or supervisor, as such terms are 
defined in section 7103(a) (10) and (11) of title 5, United States Code. 
SEC. 203. Appropriated funds received by the Library of Congress 
from other Federal agencies to cover general and administrative 
overhead costs generated by performing reimbursable work for 
other agencies under the authority of 31 U.S.C. 1535 and 1536 shall 
not be used to employ more than 65 employees. 
SEC. 204. No funds shall be expended by the Library of Congress 
for the purpose of providing long-term special study facilities for 
profit or non-profit business enterprises until guidelines for such use 
are approved by the Joint Committee on the Library. 
ARCHITECT OF THE CAPITOL 
LIBRARY BUILDINGS AND GROUNDS 
STRUCTURAL AND MECHANICAL CARE 
For all necessary expenses for the mechanical and structural 
maintenance, care and operation of the Library buildings and 
grounds, $6,741,000, of which $365,000 shall remain available until 
expended. 
COPYRIGHT ROYALTY TRIBUNAL 
SALARIES AND EXPENSES 
For necessary expenses of the Copjrright Royalty Tribunal, 
$662,000, of which $533,000 shall be derived by collections from the 
appropriation "Payments to Cop5rright Owners" for the reasonable 
costs incurred in proceedings involving distribution of roysdty fees 
as provided by 17 U.S.C. 807. 
^ . . = 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-306 
GOVERNMENT PRINTING OFFICE 
OFFICE OF SUPERINTENDENT OF DOCUMENTS 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Superintendent of Docu-
ments, including compensation of all employees in accordance with 
the provisions of 44 U.S.C. 305; travel expenses (not to exceed 
$117,000); price lists and bibliographies; repairs to buildings, ele-
vators, and machinery; and supplying publications to the Depository 
Library and International Exchange Programs, $24,662,000, of 
which $5,500,000 representing excess receipts from the sale of 
publications shall be derived from the Government Printing Office 
revolving fund: Provided, That $300,000 of this appropriation shall 
be apportioned for use pursuant to section 3679 of the Revised 
Statutes, as amended (31 U.S.C. 1512), with the approval of the 
Public Printer, only to the extent necessary to provide for expenses 
(excluding permanent personal services) for workload increases not 
anticipated in the budget estimates and which cannot be provided 
for by normal budgetary adjustments. 
GOVERNMENT PRINTING OFFICE REVOLVING FUND 
The Government Printing Office is hereby authorized to make Contracts. 
such expenditures, within the limits of funds available and in accord 
with the law, and to make such contracts and commitments without 
regard to fiscal year limitations £is provided by section 104 of the 
Government Corporation Control Act, as amended, as may be nec-
essary in carrying out the programs and purposes set forth in the 
budget for the current fiscal year for the "Government Printing 
Office revolving fund": Provided, That not to exceed $5,000 may be 
expended on the certification of the Public Printer in connection 
with official representation and reception expenses: Provided fur-
ther, That during the current fisc£il year the revolving fund shall be 
available for the hire of eight passenger motor vehicles: Provided 
further, That expenditures in connection with travel expenses of the 
advisory councils to the Public Printer shall be deemed necessary to 
carry out the provisions of title 44, United States Code: Provided 
further. That the revolving fund 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 grade GS-18: Provided 
further. That the revolving fund shall be available to acquire needed 
land, located in Northwest D.C., which is adjacent to the present 
Government Printing Office, and is bounded by Massachusetts 
Avenue and the southern property line of the Government Printing 
Office, between North Capitol Street and First Street. The land to be 
purchased is identified as Parcels 45-D, 45-E, 45-F, and 47-A in 
Square 625, and includes the alleys adjacent to these parcels, and G 
Street, N.W. from North Capitol Street to First Street: Provided 
further. That the revolving fund and the funds provided under the 
paragraph entitled "Office of Superintendent of Documents, Sala-
ries and expenses" together may not be available for the full-time 
equivalent employment of more than 5,237 workyears. 
101 STAT. 1329-307 
PUBLIC LAW 100-202—DEC. 22, 1987 
ADMINISTRATIVE PROVISION 
SEC. 205. Funds authorized to be expended by the Government 
Printing Office for fiscal year 1988, not to exceed $55,000, shall be 
available without regard to the 25 per centum limitation of section 
322 of the Economy Act of June 30,1932, as amended, for the repair, 
alteration, and improvement of rented premises. 
GENERAL ACCOUNTING OFFICE 
. 
? 
-; 
, 
SALARIES AND EXPENSES 
For necessary expenses of the General Accounting Office, includ-
ing not to exceed $5,000 to be expended on the certification of the 
Comptroller General of the United States in connection with official 
representation and reception expenses; 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 grade GS-18; hire of one passenger 
motor vehicle; advance payments in foreign countries in accordance 
with 31 U.S.C. 3324; benefits comparable to those payable under 
sections 901(5), 901(6) and 901(8) of the Foreign Service Act of 1980 
(22 U.S.C. 4081(5), 4081(6) and 4081(8), respectively); and under 
regulations prescribed by the Comptroller General of the United 
States, rental of living quarters in foreign countries and travel 
K-.jvr.sc 
benefits comparable with those which are now or hereafter may be 
granted single employees of the Agency for International Develop-
ment, including single Foreign Service personnel assigned to A.I.D. 
projects, by the Administrator of the Agency for International 
Development—or his designee—under the authority of section 6360t)) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2396(b)); 
$329,847,000: Provided, That this appropriation and appropriations 
for administrative expenses of any other department or agency 
which is a member of the Joint Financial Management Improve-
ment Program (JFMIP) shall be available to finance an appropriate 
share of JFMIP costs as determined by the JFMIP, including but not 
limited to the salary of the Executive Director and secretarial 
support: Provided further, That this appropriation and appropria-
tions for administrative expenses of any other department or agency 
which is a member of the National Intergovernmental Audit Forum 
or a Regional Intergovernmental Audit Forum shall be available to 
finance an appropriate share of Forum costs as determined by the 
Forum, including necessary travel expenses of non-Federal partici-
pants. Pa3mients hereunder to either the Forum or the JFMIP may 
be credited as reimbursements to any appropriation from which 
costs involved are initially financed: Provided further. That this 
appropriation and appropriations for administrative expenses of any 
other department or agency which is a member of the Americem 
Consortium on International Public Administration (ACIPA) shall 
be available to finance an appropriate share of ACIPA costs as 
determined by the ACIPA, including any expenses attributable to 
membership of ACIPA in the International Institute of Administra-
tive Sciences: Provided further. That this appropriation shall be 
available to finance a portion, not to exceed $50,000, of the costs of 
the Grovemmental Accounting Standards Board: Provided 
further. 
That $50,000 of this appropriation shall be available for the ex-
penses of planning the triennial Congress of the International 
Organization of Supreme Audit Institutions (INTOSAI) to be hosted 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-308 
by the United States General Accounting Office in Washington, 
D.C., in 1992, to the extent that such expenses cannot be met from 
the trust authorized below: Provided further. That the General 
Accounting Office is authorized to solicit and accept contributions 
(including contributions from INTOSAI), to be held in trust, which 
shall be available without fiscal year limitation for the planning, 
administration, and such other expenses as the Comptroller General 
deems necessary to act a& the sponsor of the aforementioned tri-
ennial Congress of INTOSAL Monies in the trust not to exceed 
$10,000 shall be available upon the request of the Comptroller 
General to be expended for the purposes of the trust. 
TITLE III—GENERAL PROVISIONS 
SEC. 301. No part of the funds appropriated in this Act shall be 
used for the maintenance or care of private vehicles, except for 
emergency assistance and cleaning as may be provided under regu- 
., .^ , 
lations relating to parking facilities for the House of Representa-
tives issued by the Committee on House Administration or for the 
Senate issued by the Committee on Rules and Administration. 
SEC. 302. 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. 303. Whenever any office or position not specifically estab-
lished by the Legislative Pay Act of 1929 is appropriated for herein 
or whenever the rate of compensation or designation of any position 
appropriated for herein is different from that specifically estab-
lished for such position by such Act, the rate of compensation and 
the designation of the position, or either, appropriated for or pro-
vided herein, shall be the permanent law with respect thereto: 
Provided, That the provisions herein for the various items of official 
expenses of Members, officers, and committees of the Senate and 
House, and clerk hire for Senators and Members shall be the 
permanent law with respect thereto. 
SEC. 304. The expenditure of any appropriation under this Act for Contracts. 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public inspec-
tion, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law. 
SEC. 305. (a) The Architect of the Capitol, in consultation with the 
40 USC166 note. 
heads of the agencies of the legislative branch, shall develop an 
overall plan for satisfying the telecommunications requirements of 
such agencies, using a common system architecture for maximum 
interconnection capability and engineering compatibility. The plan 
*
^
^
^ *^^-•' 
shall be subject to joint approval by the Committee on House 
Administration of the House of Representatives and the Committee 
on Rules and Administration of the Senate, and, upon approval, 
shall be communicated to the Committee on Appropriations of the 
House of Representatives and the Committee on Appropriations of 
the Senate. No part of any appropriation in this Act or any other 
Act shall be used for acquisition of any new or expanded tele-
communications system for an agency of the legislative branch, 
unless, as determined by the Architect of the Capitol, the acquisition 
is in conformance with the plan, as approved. 
G)) As used in this section— 
101 STAT. 1329-309 
PUBLIC LAW 100-202—DEC. 22, 1987 
,, 
(1) the term "agency of the legislative branch" means, the 
office of the Architect of the Capitol, the Botanic Garden, the 
• 
General Accounting Office, the Government Printing Office, the 
q, 
Library of Congress, the Office of Technology Assessment, and 
the Congressional Budget Office; and 
(2) the term "telecommunications system" means an elec-
tronic system for voice, data, or image communication, includ-
ing any associated cable and switching equipment. 
2 use 907 note. 
SEC. 306. Hereafter, for purposes of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as 
amended, the term "program, project, and activity" shall be synony-
mous with each appropriation account in this Act, except that the 
accounts under the general heading "House of Representatives" 
shall be considered one appropriation account and one "program, 
project, and activity", and the accounts under the general heading 
"Senate" shall be considered one appropriation account and one 
"program, project, and activity". 
4 use 105 note. 
SEC. 307. (a) Notwithstanding section 105 of title 4, United States 
Code, or any other provision of law, no person shall be required to 
pay, collect, or account for any sales, use, or similar excise tax, or 
any personal property tax, with respect to an essential support 
activity or function conducted by a nongovernmental person in the 
Capitol, the House Office Buildings, the Senate Office Buildings, the 
Capitol Grounds, or any other location under the control of the 
Congress in the District of Columbia. 
O
t
>
) As used in this section— 
(1) the term "essential support activity or function" means a 
support activity or function so designated by the Committee on 
' 
House Administration of the House of Representatives or the 
Committee on Rules and Administration of the Senate, acting 
jointly or separately, as appropriate; 
(2) the term "personal property tax" means a tax of a State, a 
subdivision of a State, or any other authority of a State, that is 
levied on, levied with respect to, or measured by, the value of 
personal property; 
.
%
f
. t x
; o 
(3) the term "sales, use, or similar excise tax" means a tax of 
a State, a subdivision of a State, or any other authority of a 
State, that is levied on, levied with respect to, or measured*by, 
sales, receipts from sales, or purchases, or by storage, posses-
V 
sion, or use of personal property; and 
(4) the term "State" means a State of the United States, the 
: - 
)- 
District of Columbia, or a territory or possession of the United 
States. 
(c) This section shall apply to any sale, receipt, purchase, storage, 
possession, use, or valuation taking place after December 31, 1986. 
40 use I66b-3a. 
SEC. 308. (a) Notwithstanding any other provision of law, the pay 
for positions described in subsection 0)) shall be the amounts spteci-
fied for such positions in appropriations Acts. 
(b) The positions referred to in subsection (a) are: (1) the two 
positions of assistant referred to in the proviso in the first undesig-
nated paragraph under the center subheadings "OFFICE OF THE 
ARCHITECT OF THE CAPITOL" and "SALARIES" in the Legislative 
Branch Appropriation Act, 1971 (40 U.S.C. 164a), and (2) the seven 
positions provided for in the third and fourth undesignated para-
graphs under the center subheadings "OFFICE OF THE ARCHITECT OF 
THE CAPITOL" and "SALARIES" in the Legislative Branch Appropria-
tion Act, 1960 (40 U.S.C. 166b-3). 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-310 
(c) The pay for each position described in subsection (b) shall be 
the pay payable for such position with respect to the last pay period 
before this section takes effect, subject to any applicable adjustment 
during fiscal year 1988 under, or by reference to any applicable 
adjustment during fiscal year 1988 under, subchapter I of chapter 53 
of title 5, United States Code. 
(d) This section shall apply in fiscal years beginning after Septem- 
Effective date. 
ber 30, 1987, with respect to pay periods beginning after the date of 
the enactment of this Act. 
SEC. 309. (a) None of the funds appropriated for fiscal year 1988 by 
this Act or any other law may be obligated or expended by any 
entity of the executive branch for the procurement from commercial 
sources of any printing related to the production of Government 
publications (including forms), unless such procurement is by or 
through the Government Printing Office. 
Ot)) Subsection (a) does not apply to (1) individual printing orders 
costing not more than $1,000, if the work is not of a continuing or 
repetitive nature, (2) printing for the Central Intelligence Agency, 
the Defense Intelligence Agency, or the National Security Agency, 
or (3) printing from commercial sources that is specifically au-
thorized by law or is of a kind that has not been routinely procured 
by or through the Government Printing Office. 
(c) As used in this section, the term "printing" means the process 
of composition, platemaking, presswork, binding, and microform, 
and the end items of such processes. 
SEC. 310. The provision of law which was derived from section 80 
of the Revised Statutes and which currently is carried as the second 
sentence of section 131 of title 2, United States Code, is hereby 
repealed. 
^ 
» 
SEC. 311. (a) The first sentence of section 4(a) of Public Law 91-656 
,. ; t, 
(2 U.S.C. 60a-l) is amended by striking out the period at the end and 
inserting "and adjust the rates of such personnel by such amounts 
» ' 
as necessary to restore the same pay relationships that existed on 
December 31, 1986, between personnel and Senators and between 
positions.". 
O
t
>
) Section 4(d) of such public law is amended by striking out the 
period at the end and inserting ", except in cases in which it is 
necessary to restore and maintain the same pay relationships that 
existed on December 31, 1986, between personnel and Senators and 
between positions.". 
(c) Notwithstanding any other provision of this Act or any other 
2 USC 60a-i 
provision of law, subsections (a) and O
b
) of this section shall be 
note. 
effective in the case of pay orders issued by the President pro 
tempore of the Senate on or after January 1,1988. 
(d) Notwithstanding any other provision of this Act, or any other 
2 USC 60a-2a. 
provision of law, rule, or regulation, hereafter each time the Presi-
dent pro tempore of the Senate exercises any authority pursuant to 
any of the amendments made by this section with respect to rates of 
pay or any other matter relating to personnel whose pay is dis-
bursed by the Secretary of the Senate, the Speaker of the House of 
Representatives may, with respect to personnel whose pay is dis-
bursed by the Clerk of the House of Representatives, exercise the 
same authority to the extent necessary to ensure parity of treat-
ment between personnel of the respective Houses of Congress 
having comparable duties and responsibilities. 
This Act may be cited as the "Legislative Branch Appropriations 
Act, 1988". 
101 STAT. 1329-311 
PUBLIC LAW 100-202—DEC. 22, 1987 
Military 
Construction 
Appropriations 
Act, 1988. 
(j) Such amounts as may be necessary for programs, projects or 
activities provided for in the Military Construction Appropriations 
Act, 1988, at a rate of operations and to the extent and in the 
manner provided for, the provisions of such Act to be effective as if 
it had been enacted into law as the regular appropriations Act, as 
follows: 
AN ACT 
'^ 
' 
— 
Making appropriations for military construction for the Department of Defense for 
the fiscal year ending September 30, 1988, and for other purposes. 
(x. 
MILITARY CONSTRUCTION, ARMY 
98 Stat. 1877. 
99 Stat. 1024. 
(INCLUDING RESCISSIONS) 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, facilities, 
and real property for the Army as currently authorized by law, and 
for construction and operation of facilities in support of the func-
tions of the Commander-in-Chief, $977,590,000, to remain available 
until September 30, 1992: Provided, That of this amount, not to 
exceed $120,120,000 shall be available for study, planning, design, 
architect and engineer services, as authorized by law, unless the 
Secretary of Defense determines that additional obligations are 
necessary for such purposes and notifies the Committees on Appro-
priations of both Houses of Congress of his determination and the 
reasons therefor: Provided further, That of the funds appropriated 
for "Military Construction, Army" under Public Law 98-473, 
$6,800,000 is hereby rescinded: Provided further. That of the funds 
appropriated for "Military Construction, Army" under Public Law 
99-173, $28,000,000 is hereby rescinded. 
MiuTARY CONSTRUCTION, N A V Y 
(INCLUDING RESCISSIONS) 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, naval installations, facilities, 
and real property for the Navy as currently authorized by law, 
including personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of this appro-
priation, $1,417,311,000, to remain available until September 30, 
1992: Provided, That of this amount, not to exceed $130,000,000 shall 
be available for study, planning, design, architect and engineer 
services, as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for such pur-
poses and notifies the Committees on Appropriations of both Houses 
of Congress of his determination and the reasons therefor: Provided 
further. That of the funds appropriated for "Military Construction, 
Navy" under Public Law 98-473, $6,800,000 is hereby rescinded: 
Provided further. That of the funds appropriated for "Military 
Construction, Navy" under Public Law 99-173, $19,400,000 is hereby 
rescinded. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-312 
MILITARY CONSTRUCTION, AIR FORCE 
(INCLUDING RESCISSIONS) 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, facilities, 
and real property for the Air Force as currently authorized by law, 
$1,241,254,000, to remain available until September 30, 1992: Pro- 
y .« 8 ;
^ 
vided. That of this amount, not to exceed $115,000,000 shall be 
available for study, planning, design, architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense deter-
mines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of his determination and the reasons therefor: Provided 
further. That of the funds appropriated for "Military Construction, 
Air Force" under Public Law 98-473, $6,300,000 is hereby rescinded: 
98 Stat. 1878. 
Provided further. That of the funds appropriated for "Military 
Construction, Air Force" under Public Law 99-173, $18,500,000 is 
99 Stat. 1024. 
hereby rescinded: Provided further. That none of the funds appro-
priated for planning, design, or construction of military facilities or 
family housing may be used to support the relocation of the 401st 
Tactical Fighter Wing from Spain to another country. 
MILITARY CONSTRUCTION, DEFENSE AGENCIES 
(INCLUDING TRANSFER OF FUNDS) 
(INCLUDING RESCISSIONS) 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, installations, facilities, and real 
property for activities and sigencies of the Department of Defense 
(other than the military departments), as currently authorized by 
law, $558,446,000, to remain available until September 30, 1992: 
^ ? ^ 
Provided, That such amounts of this appropriation as may be deter-
mined by the Secretary of Defense may be transferred to such 
appropriations of the Department of Defense available for military 
construction as he may designate, to be merged with and to be 
available for the same purposes, and for the same time period, as the 
appropriation or fund to which transferred: Provided further. That 
of the amount appropriated, not to exceed $55,000,000 shall be 
available for study, planning, design, architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense deter-
mines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of his determination and the reasons therefor: Provided 
further. That of the funds appropriated for "Military Construction, 
Defense Agencies" under Public Law 98-473, $1,900,000 is hereby 
rescinded: Provided further. That of the funds appropriated for 
' 
' 
"Military Construction, Defense Agencies" under Public Law 99-
173, $5,300,000 is hereby rescinded. 
99 Stat. 1025. 
NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE 
(INCLUDING RESCISSION) 
For the United States share of the cost of North Atlantic Treaty 
Organization Infrastructure programs for the acquisition and 
101 STAT. 1329-313 
PUBLIC LAW 100-202—DEC. 22, 1987 
construction of military facilities and installations (including inter-
national military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized 
in military construction Acts and section 2806 of title 10, United 
States Code, $381,000,000, to remain available until expended: Pro-
vided, That of the funds appropriated for "North Atlantic Treaty 
99 Stat. 1025. 
Organization Infrastructure" under Public Law 99-173, $8,000,000 is 
hereby rescinded. 
i' 
MiuTARY CONSTRUCTION, ARMY NATIONAL GUARD 
(INCLUDING RESCISSION) 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized by 
f , 
chapter 133 of title 10, United States Code, and military construc-
tion authorization Acts, $184,405,000, to remain available until 
September 30, 1992: Provided, That of the funds appropriated for 
"Militant Construction, Army National Guard" under Public Law 
99-173, $2,500,000 is hereby rescinded. 
MiUTARY CONSTRUCTION, AIR NATIONAL GUARD 
•. (INCLUDING RESCISSIONS) 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chap-
ter 133 of title 10, United States Code, and military construction 
authorization Acts, $151,291,000, to remain available until Septem-
ber 30, 1992: Provided, That of the funds appropriated for "Military 
98 Stat. 1879. 
Construction, Air National Guard" under Public Law 98-473, 
$200,000 is hereby rescinded: Provided further. That of the funds 
appropriated for "Military Construction, Air National Guard" 
under Public Law 99-173, $3,300,000 is hereby rescinded. 
MiUTARY CONSTRUCTION, ARMY RESERVE 
(INCLUDING RESCISSION) 
a 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 133 of title 10, United States 
Code, and military construction authorization Acts, $95,100,000, to 
remain available until September 30, 1992: Provided, That of the 
funds appropriated for "Military Construction, Army Reserve" 
99 Stat. 1026. 
under Public Law 99-173, $1,800,000 is hereby rescinded. 
, . . ; . . 
MILITARY CONSTRUCTION, NAVAL RESERVE 
(INCLUDING RESCISSION) 
.. 
, 
,,-
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 133 of title 10, United States Code, and military construc-
tion authorization Acts, $73,737,000, to remain available until 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-314 
September 30, 1992: Provided, That of the funds appropriated for 
"Military Construction, Naval Reserve" under Public Law 99-173, 99 Stat. 1026. 
$1,200,000 is hereby rescinded. 
MiuTARY CONSTRUCTION, AIR FORCE RESERVE 
(INCLUDING RESCISSIONS) 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 133 of title 10, United States 
Code, and military construction authorization Acts, $79,300,000, to 
remain available until September 30, 1992: Provided, That of the 
''^ 
' 
funds appropriated for "Military Construction, Air Force Reserve" 
under Public Law 98-473, $200,000 is hereby rescinded: Provided 
further. That of the funds appropriated for "Military Construction, 
'
^ ' ' 
Air Force Reserve'' under Public Law 99-173, $1,800,000 is hereby 
rescinded. 
FAMILY HOUSING, ARMY 
(INCLUDING RESCISSIONS) 
For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension 
and alteration and for operation and maintenance, including debt 
payment, leasing, minor construction, principal and 
interest 
charges, and insurance premiums, as authorized by law, as follows: 
for Construction, $305,890,000; for Operation and maintenance, and 
for debt payment, $1,255,121,000; in all $1,561,011,000: Provided, 
That the amount provided for construction shall remain available 
until September 30, 1992: Provided further. That of the funds appro-
priated for "Family Housing, Army" under Public Law 98-473, 98 Stat. 1879. 
$900,000 is hereby rescinded: Provided further. That of the funds 
appropriated for "Family Housing, Army" under Public Law 99-173, 
$19,400,000 is hereby rescinded. 
FAMILY HOUSING, NAVY AND MARINE CORPS 
(INCLUDING RESCISSIONS) 
For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expan-
sion, extension and alteration and for operation and maintenance, 
including debt payment, leasing, minor construction, principal and 
interest charges, and insurance premiums, as authorized by law, as 
follows: for Construction, $237,914,000; for Operation and mainte-
nance, and for debt payment, $530,028,000; in all $767,942,000: Pro-
vided, That the amount provided for construction shall remain 
available until September 30, 1992: Provided further. That of the 
funds appropriated for "Family Housing, Navy and Marine Corps" 
under Public Law 98-473, $400,000 is hereby rescinded: Provided 
98 Stat. 1880. 
further, That of the funds appropriated for "Family Housing, Navy 
and Marine Corps" under Public Law 99-173, $8,800,000 is hereby 
rescinded. 
101 STAT. 1329-315 
PUBLIC LAW 100-202—DEC. 22, 1987 
FAMILY HOUSING, AIR FORCE 
. 
.M>] 
. . ' - ' . 
' ' 
'-' 
(INCLUDING RESCISSIONS) 
' 
For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension 
and alteration and for operation and maintenance, including debt 
payment, leasing, minor construction, principal and 
interest 
charges, and insurance premiums, as authorized by law, as follows: 
for Construction, $152,310,000; for Operation and maintenance, and 
for debt payment, $691,983,000; in all $844,293,000: Provided, That 
the amount provided for construction shall remain available until 
September 30, 1992: Provided further. That of the funds appro-
98 Stat. 1880. 
priated for "Family Housing, Air Force" under Public Law 98-473, 
$2,400,000 is hereby rescinded: Provided 
further, 
That of the funds 
appropriated for "Family Housing, Air Force" under Public Law 99-
99 Stat. 1026. 
173, $12,300,000 is hereby rescinded. 
FAMILY HOUSING, DEFENSE AGENCIES 
For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) 
for construction, including acquisition, replacement, addition, 
expansion, extension and alteration and for operation and mainte-
nance, leasing, and minor construction, as authorized by law, as 
follows: for Construction, $1,186,000; for Operation and mainte-
nance, $19,514,000; in all $20,700,000: Provided, That the amount 
provided for construction shall remain available until September 30, 
1992. 
HOMEOWNERS ASSISTANCE FUND, DEFENSE 
For use in the Homeowners Assistance Fund established pursuant 
to section 1013(d) of the Demonstration Cities and Metropolitan 
*
: ' 
Development Act of 1966 (Public Law 89-754, as amended), 
$2,800,000. 
FOREIGN CURRENCY FLUCTUATIONS, CONSTRUCTION, DEFENSE 
-
^ 
For 
foreign 
currency 
fluctuations, 
construction, 
Defense, 
$85,000,000, to remain available until expended. 
GENERAL PROVISIONS 
SEC. 101. None of the funds appropriated in this Act shall be 
expended for pa3anents under a cost-plus-a-fixed-fee contract for 
work, where cost estimates exceed $25,000, to be performed within 
the United States, except Alaska, without the specific approval in 
writing of the Secretary of Defense setting forth the reasons 
therefor. 
SEC. 102. Funds herein appropriated to the Department of Defense 
for construction shall be available for hire of passenger motor 
vehicles. 
SEC. 103. Funds appropriated to the Department of Defense for 
^f,' 
ij. 
construction may be used for advances to the Federal Highway 
Administration, Department of Transportation, for the construction 
of access roads as authorized by section 210 of title 23, United States 
Code, when projects authorized therein are certified as important to 
the national defense by the Secretary of Defense. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-316 
SEC. 104. None of the funds appropriated in this Act may be used 
to begin construction of new bases inside the continental United 
States for which specific appropriations have not been made. 
SEC. 105. No part of the funds provided in this Act shall be used 
for purchase of land or land easements in excess of 100 per centum 
of the value as determined by the Corps of Engineers or the Naval 
Facilities Engineering Command, except; (a) where there is a deter-
mination of value by a Federal court, or (b) purchases negotiated by 
the Attorney General or his designee, or (c) where the estimated 
value is less than $25,000, or (d) as otherwise determined by the 
Secretary of Defense to be in the public interest. 
SEC. 106. None of the funds appropriated in this Act shall be used 
to (1) acquire land, (2) provide for site preparation, or (3) install 
utilities for any family housing, except housing for which funds have 
been made available in annual military construction appropriation 
Acts. 
SEC. 107. None of the funds appropriated in this Act for minor 
construction may be used to transfer or relocate any activity from 
one base or installation to another, without prior notification to the 
Committees on Appropriations. 
SEC. 108. No part of the funds appropriated in this Act may be 
used for the procurement of steel for any construction project or 
activity for which American steel producers, fabricators, and manu-
facturers have been denied the opportunity to compete for such steel 
procurement. 
SEC. 109. No part of the funds appropriated in this Act for 
dredging in the Indian Ocean may be used for the performance of 
the work by foreign contractors: Provided, That the low responsive 
and responsible bid of a United States contractor does not exceed 
the lowest responsive and responsible bid of a foreign contractor by 
greater than 20 per centum. 
SEC. 110. None of the funds available to the Department of 
Defense for military construction or family housing during the 
current fiscal year may be used to pay real property taxes in any 
foreign nation. 
SEC. 111. No part of the funds appropriated in this Act may be 
used to pay the compensation of an officer of the Government of the 
United States or to reimburse a contractor for the employment of a 
> 
person for work in the continental United States by any such person 
if such person is an alien who has not been lawfully admitted to the 
United States. 
SEC. 112. The expenditure of any appropriation under this Act for 
Contracts, 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public inspec-
tion, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law. 
SEC. 113. None of the funds in this Act may be used to initiate a 
new installation overseas without prior notification to the Com-
mittees on Appropriations. 
SEC. 114. None of the funds appropriated in this Act may be 
obligated for architect and engineer contracts estimated by the 
Government to exceed $500,000 for projects to be accomplished in 
Japan or in any NATO member country, unless such contracts are 
awarded to United States firms or United States firms in joint 
venture with host nation firms. 
101 STAT. 1329-317 
PUBLIC LAW 100-202—DEC. 22, 1987 
SEC. 115. None of the funds appropriated in this Act for military 
construction in the United States territories and possessions in the 
Pacific and on Kwajalein Island may be used to award any contract 
estimated by the Government to exceed $1,000,000 to a foreign 
contractor: Provided, That this section shall not be applicable to 
contract awards for which the lowest responsive and responsible bid 
of a United States contractor exceeds the lowest responsive and 
responsible bid of a foreign contractor by greater than 20 per 
centum. 
SEC. 116. The Secretary of Defense is to inform the Committees on 
Appropriations and Committees on Armed Services of the plans and 
scope of any proposed military exercise involving United States 
personnel 30 days prior to its occurring, if amounts expended for 
construction, either temporary or permanent, are anticipated to 
exceed $100,000. 
(TRANSFER OF FUNDS) 
SEC. 117. Unexpended balances in the Military Family Housing 
Management Account established pursuant to section 2831 of title 
10, United States Code, as well as any additional amounts which 
would otherwise be transferred to the Military Family Housing 
Management Account during fiscal year 1988, shall be transferred 
to the appropriations for Family Housing provided in this Act, as 
determined by the Secretary of Defense, based on the sources from 
which the funds were derived, and shall be available for the same 
purposes, and for the same time period, as the appropriation to 
which they have been transferred. 
SEC. 118. Not more than 20 per centum of the appropriations in 
this Act which are limited for obligation during the current fiscal 
year shall be obligated during the last two months of the fiscal year. 
Reports. 
(TRANSFER OF FUNDS) 
SEC. 119. Funds appropriated to the Department of Defense for 
construction in prior years are hereby made available for construc-
tion authorized for each such military department by the authoriza-
tions enacted into law during the first session of the One Hundredth 
Congress. 
SEC. 120. The Secretary of Defense is to provide the Committees on 
Appropriations of the Senate and the House of Representatives with 
a report by February 15, 1988, containing details of the specific 
actions proposed to be taken by the Department of Defense during 
fiscal year 1988 to encourage other member nations of the North 
Atlantic Treaty Organization and Japan to assume a greater share 
of the common defense burden of such nations and the United 
States. 
SEC. 121. For military construction or family housing projects that 
are being completed with funds otherwise expired or lapsed for 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design 
on those projects and on subsequent claims, if any. 
SEC. 122, Notwithstanding any other provision of law, the Sec-
retary of the Air Force is required to maintain legislative liaison to 
the House and Senate Appropriations Subcommittees on Military 
Construction and budgetary and fiscal management of the Military 
Construction and Military Family Housing appropriations in a 
manner identical to the method employed as of September 30, 1986. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-318 
SEC. 123. Notwithstanding any other provision of law, including 
the certification requirements provided in section 210 of title 23, 
United States Code, the Secretary of Defense is directed to provide 
for the design of access roads for the New Cumberland Army Depot, 
Pennsylvania and for the Tobyhanna Army Depot, Pennsylvania, as 
well as design of replacement bridges at Broad Creek and at Gales 
Creek on North Carolina Highway 24, within funds provided in this 
Act. 
SEC. 124. None of the funds appropriated in this Act for planning 
and design activities may be used to initiate design of the Pentagon 
Annex. 
SEC. 125. None of the funds appropriated by this or any other Act 
Reports. 
for the Department of Defense may be obligated or expended for the 
National Test Bed Components of the National Test Facility at 
Falcon Air Station, Colorado, until the Strategic Defense Initiative 
Organization (SDIO) has begun the development of the Phase One 
Strategic Defense System (SDS) Architecture and the Follow-on 
Strategic Defense System Architecture and the Committees on 
Appropriations of the Senate and the House of Representatives have 
thereafter received an interim report from SDIO on the Phase One 
System Architecture and follow-on architecture that the National 
Test Facility will be testing and evaluating; and until SDIO has 
provided a detailed report to the Committees on Appropriations of 
the Senate and the House of Representatives on the capability of the 
National Test Facility and the other components of the National 
Test Bed to produce the simulation, evaluation, and demonstration 
data needed to determine whether a proposed ballistic missile de-
fense system satisfies the criteria of technical feasibility, cost-
effectiveness at the margin, and survivability: Provided, That, none 
of the funds appropriated by this or any other Act for the National 
Test Facility or any other components of the National Test Bed may 
be used to provide any operational battle management, commana, 
control or communications capabilities for an early deplojmient of a 
ballistic missile defense system: Provided further, That, the goal of 
the National Test Facility and other components of the National 
Test Bed shall be to simulate, evaluate, and demonstrate architec-
tures and technologies that are technically feasible, cost effective at 
the margin, and survivable. 
SEC. 126. None of the funds appropriated in this Act may be 
obligated or expended for the purpose of transferring any equip-
ment, operation, or personnel from the Edgewood Arsenal, Nlary-
land, to any other facility during fiscal year 1988. 
SEC. 127. In addition to the purposes for which it is now available, 
43 USC 1611 
the property account established by section 12(b) of the Act of 
note. 
January 2,1976, as amended (43 U.S.C. 1611 note) shall be available 
hereafter for purposes involving any public sale of property by any 
agency of the United States, including the Department of Defense, 
or any element thereof. 
SEC. 128. Of the amounts appropriated by this Act for "Family 
Housing, Navy and Marine Corps", not to exceed $150,000 shall be 
available to liquidate obligations incurred for debt payment during 
fiscal year 1986. 
SEC. 129. (a) Subject to subsections O
t
>
) through (d), the Secretary of 
the Army is authorized to convey to the city of New York, New 
York, all right, title, and interest of the United States in and to its 7 
acre parcel of land in the Brooklyn Navy Yard, Brooklyn, New 
York. 
101 STAT. 1329-319 
PUBLIC LAW 100-202—DEC. 22, 1987 
(b) In consideration for the conveyance by the Secretary under 
suljsection (a), the city of New York shall pay to the United States 
the fair market value, as determined by the Secretary, of the 
property to be conveyed. 
(c) The Secretary shall include in the deed of conveyance a 
condition that the United States may reenter and use the property 
without compensation in the event of war or other national emer-
gency declared by the President or Congress. 
(d) The Secretary may require such additional terms and condi-
tions under this section as the Secretary considers appropriate to 
protect the interests of the United States. 
ej 
SEC. 130. (a) Subject to subsections O
b
) through (f), the Secretary of 
the Army (hereinafter in this section referred to as the "Secretary") 
is authorized to convey to the State of New Jersey (hereinafter in 
this section referred to as the "State"), and the city of Jersey City, 
New Jersey (hereinafter in this section referred to as the "City"), all 
right, title, and interest of the United States in and to a tract of land 
located in Jersey City, New Jersey, consisting of approximately 40 
acres of unimproved real property, comprising a portion of the 
United States Army Reserve Center, Caven Point, New Jersey. 
03)(1) The conveyance authorized by subsection (a) shall be subject 
to the following conditions— 
(A) that the City convey to the United States a tract of 
unimproved real property consisting of approximately 9 acres, 
' 
located immediately adjacent to the Caven Point Army Reserve 
i 
Center's northeast boundary; 
(B) that the State and City stabilize approximately 30 acres of 
real property west of the proposed highway; and 
(C) that the State and City remove and store the existing 
• 
railroad track. 
\ (2) If the fair market value (as determined by the Secretary) of the 
real property conveyed by the United States to the State and City 
under subsection (a) exceeds the sum of fair market values (as 
determined by the Secretary) of the real property conveyed by the 
City to the United States and the improvements made by the State 
and the City, the State and City shall pay the amount of the 
difference to the Secretary. 
(c) The exact acreages and legal description of properties to be 
conveyed under subsections (a) and Ot)) shall be determined by 
surveys that are satisfactory to the Secretary. The cost of any 
surveys shall be borne by the State and City. 
(d) The Secretary may require such additional terms and condi-
' 
. ^ 
tions as the Secretary considers appropriate to carry out the provi-
sions of this section and to protect the interests of the United States. 
(eXD The Secretary may use any funds paid to the Secretary by 
the State and City in accordance with subsection Ot))(2) to repair, 
expand, and improve, or replace the United States Army Reserve 
Center facilities at Caven Point, New Jersey, whichever is most cost-
effective. 
(2) The Secretary shall deposit any remaining funds into mis-
cellaneous receipts of the Treasury. 
(f) This section shall be implemented in accordance with an 
agreement to be entered into by the Secretary, the State, and the 
City. 
SEC. 131. (a) AUTHORITY TO CONVEY.—Subject to subsections (b) 
through (f), the Secretary of the Navy may convey to the City of San 
Diego, California, all right, title, and interest of the United States in 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-320 
and to three parcels of real property (including improvements 
thereon) comprising approximately 680 acres located in the Mission 
Trails Regional Park area of the City of San Diego, California. 
(b) CONSIDERATION.—In consideration for the conveyance au-
thorized by subsection (a), the City of San Diego shall pay to the 
United States the fair market value, as determined by the Sec-
retary, of the property to be conveyed by the United States. 
(c) USE OF FUNDS.—(1) The Secretary may use proceeds from the 
sale of property under this section solely for the purpose of acquir-
ing suitable sites for military family housing or constructing mili-
tary family housing units, or both, in the San Diego area. 
(2) Any funds received by the Secretary under this section and not 
used for the acquisition of a site for military family housing or the 
construction of military family housing units within 60 months after 
the receipt of such funds shall be deposited into the general fund of 
the Treasury. 
(d) LEGAL DESCRIPTION OF LAND.—The exact acreages and legal 
description of the property to be conveyed under this section shall be 
determined by surveys satisfactory to the Secretary. The cost of any 
such survey shall be borne by the city. 
(e) NOTIFICATION.—The Secretary may not enter into any contract 
under this section to— 
(1) convey any property; 
(2) acquire a site for military family housing; or 
(3) construct housing, 
until after the 21-day period beginning on the date on which the 
Secretary transmits to the Committees on Armed Services and the 
Committees on Appropriations of the Senate and House of Rep-
resentatives a report of the details of the contract. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
re-
quire such additional terms and conditions under this section as the 
Secretary considers appropriate to protect the interest of the United 
States. 
(g) AMENDMENTS.—Section 833 of the Military Construction 
Authorization Act, 1986 (Public Law 99-167), is amended— 
(1) in subsection (d)(1), by inserting the following before the 
period: "or constructing military family housing, or both"; 
(2) in subsection (d)(2), by striking out "within 30 months" and 
inserting in lieu thereof "or constructing military family hous-
ing within 60 months"; and 
'"' 
(3) by adding at the end the following new subsection: 
"(g) NOTIFICATION.—After the date of the enactment of this 
subsection, the Secretary may not enter into any contract under this 
section to— 
^^ "(1) convey any property; 
^^ "(2) acquire a site for military family housing; or 
*' "(3) construct housing, 
until after the 21-day period beginning on the date on which the 
Secretary transmits to the Committees on Armed Services and the 
Committees on Appropriations of the Senate and House of Rep-
resentatives a report of the details of the contract.". 
(h) LIMITATION.—The total number of military family housing 
units constructed under this section and under section 833 of the 
" Copy read "(1)". 
»• Copy read "(2)". 
" Copy read "(3)". 
Contracts. 
Reports. 
99 Stat. 995. 
Contracts. 
Reports. 
101 STAT. 1329-321 
PUBLIC LAW 100-202—DEC. 22, 1987 
Military Construction Authorization Act, 1986 (Public Law 99-167) 
shall not exceed 300 units. 
SEC. 132. (a) AUTHORITY TO EXCHANGE REAL PROPERTY.—Subject to 
subsections (b) through (d), the Secretary of the Army may transfer 
to the City of Copperas Cove, Texas, approximately 112 acres of real 
property (including improvements thereon) at Fort Hood, Texas, in 
exchange for approximately 600 acres of real property (including 
improvements thereon) which are of at least equal value to the 
property being transferred by the Secretary. 
(b) DESCRIPTION OF REAL PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall 
be determined by surveys that are satisfactory to the Secretary. The 
cost of any such survey shall be borne by the City. 
(c) REPORT.—The Secretary may not transfer any property under 
this section until after the 21-day period beginning on the date on 
which the Secretary transmits a report of the details of such trans-
fer to the Committees on Armed Services and the Committees on 
Appropriations of the Senate and the House of Representatives. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions as the Secretary con-
siders appropriate to protect the interests of the United States in 
any transfer made under this section. 
* 
SEC. 133. (a) AUTHORITY TO CONVEY.—Subject to subsection (b), the 
Secretaries of the Army and Navy may convey, without consider-
ation, to the State of North Carolina all right, title, and interest of 
the United States in and to— 
(1) approximately 51 acres of real property, with improve-
ments thereon, located in the FARTC area of Ft. Bragg, North 
Carolina; and 
(2) approximately 50 acres of real property, with improve-
ments thereon, located in the Montford Point/Camp Johnson 
area of Camp Lejeune, North Carolina. 
(b) CONDITIONS.—(1) The conveyances authorized by subsection (a) 
shall be subject to the condition that the properties conveyed by 
the Secretaries be used by the State to establish State veterans' 
j 
. • 
cemeteries. 
(2) If either of the properties conveyed pursuant to subsection (a) 
is not used for the purpose described in paragraph (1), all right, title, 
and interest in and to such property shall revert at no cost to the 
United States, which shall have the right of immediate entry 
thereon. 
(c) LEGAL DESCRIPTION OF LAND.—The exact acreage and legal 
. , 
description of the properties to be conveyed under subsection (a) 
'<K'-- shall be determined by surveys that are satisfactory to the Secre-
taries. The cost of such surveys shall be borne by the State. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretaries may 
require such other terms and conditions with respect to the convey-
ances authorized by this section as the Secretaries consider appro-
priate to protect the interests of the United States. 
SEC. 134. Notwithstanding any other provision of this or of any 
other law, any limitation on the obligation or expenditure of funds 
appropriated for fiscal year 1987 for military construction for home-
porting at Everett, Washington, shall not apply unless such limita-
tion was expressly stated in a law which was enacted on or before 
September 30,1987. 
SEC. 135. (a) In addition to other military construction projects and 
land acquisition authorized by any other law for fiscal year 1988— 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-322 
(1) the Secretary of the Navy may acquire real property and 
may increase military construction projects at Naval Air Sta-
tion, Adak, Alaska, in the amount of $20,000,000; 
(2) the Secretary of the Air Force may acquire real property 
and may carry out military construction projects at Hanscom 
Air Force Base, Massachusetts, in the amount of $15,000,000; 
and 
(3) the Secretary of Defense may acquire real property and 
may carry out military construction projects at Falcon Air 
Force Station, Colorado, in the amount of $35,000,000. 
Oa) Funds are hereby authorized to be appropriated for fiscal year 
1988 for the projects and land acquisitions described in subsection (a) 
of this section. The amount authorized for each such project and 
land acquisition is the amount listed for each in paragraphs (1), (2) 
and (3), respectively, of such subsection. 
This Act may be cited as the "Military Construction Appropria-
tions Act, 1988". 
(k) Such amounts as may be necessary for programs, projects, or 
activities provided for in the Rural Development, Agriculture, and 
Related Agencies Appropriations Act, 1988, at a rate of operations 
and to the extent and in the manner provided for, the provisions of 
such Act to be effective as if it had been enacted into law as the 
regular appropriations Act, £is follows: 
AN ACT 
Making appropriations for Rural Development, Agriculture, and Related Agencies 
programs for the fiscal year ending September 30, 1988, and for other purposes. 
TITLE I—AGRICULTURAL PROGRAMS 
Rural 
Development, 
Agriculture, and 
Related 
Agencies 
Appropriations 
Act, 1988. 
m 
• %; 
PRODUCTION, PROCESSING AND MARKETING 
OFFICE OF ^ E SECRETARY 
For necessaiy expenses of the Office of the Secretary of Agri-
culture, including the direct supervision of the Soil Conservation 
Service and the Forest Service, and not to exceed $50,000 for employ-
ment under 5 U.S.C. 3109, $1,466,000: Provided, That not to exceed 
$8,000 of this amount shall be available for official reception and 
representation expenses, not otherwise provided for, as determined 
by the Secretary. 
INVESTIGATION OF LARGE PAYMENTS 
To enable the Secretary of Agriculture to investigate large pay-
ments made under the provisions of the Food Security Act of 1985, 
and other laws, as to accuracy and legality and to submit a detailed 
report on such pa3maents to the appropriate committees of the 
Congress, $100,000. 
Reports. 
OFFICE OF THE DEPUTY SECRETARY 
For necessary expenses of the Office of the Deputy Secretary of 
Agriculture, including not to exceed $25,000 for employment under 5 
U.S.C. 3109, $321,000: Provided, That not to exceed $3,000 of this 
amount shall be available for official reception and representation 
101 STAT. 1329-323 
PUBLIC LAW 100-202—DEC. 22, 1987 
expenses, not otherwise provided for, as determined by the Deputy 
Secretary. 
OFFICE OF THE ASSISTANT SECRETARY FOR SPECIAL SERVICES 
For necessary salaries and expenses to continue the Office of the 
Assistant Secretary for purposes of providing special services to the 
Department, $416,000: Provided, That none of these funds shall be 
available for the supervision of Natural Resources and Environment 
activities, the Soil Conservation Service, or the Forest Service. 
OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION 
For necessary expenses of the Office of the Assistant Secretary for 
Administration to carry out the programs funded in this Act, 
$498,000. 
RENTAL PAYMENTS (USDA) 
u:^ 
(INCLUDING TRANSFERS OF FUNDS) 
i 
For pajnment of space rental and related costs pursuant to Public 
Law 92-313 for programs and activities of the Department of Agri-
culture which are included in this Act, $49,665,000, of which 
$3,000,000 shall be retained by the Department of Agriculture for 
non-recurring repairs as determined by the Department of Agri-
culture: Provided, That in the event an agency within the Depart-
ment of Agriculture 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 appro-
priation, but such transfers shall not exceed 10 per centum of the 
funds made available for space rental and related costs to or from 
this account. 
. - . 
BUILDING OPERATIONS AND MAINTENANCE 
For the operation, maintenance, and repair of Agriculture build-
ings pursuant to the delegation of authority from the Administrator 
of General Services authorized by 40 U.S.C. 486, $20,024,000, of 
which $3,245,000 is for one-time purchase of systems furniture. 
ADVISORY COMMITTEES (USDA) 
For necessary expenses for activities of Advisory Committees of 
the Department of Agriculture which are included in this Act, 
$1,308,000: Provided, That no other funds appropriated to the 
Department of Agriculture in this Act shall be available to the 
Department of Agriculture for support of activities of Advisory 
Committees. 
HAZARDOUS WASTE MANAGEMENT 
4
; 
* ^ ^^. 
j 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of the Department of Agriculture, except 
for expenses of the Commodity Credit Corporation, to comply with 
the requirement of section 107g of the Comprehensive Environ-
mental Response, Compensation, and Liability Act, as amended, 42 
U.S.C. 9607g, and section 6001 of the Resource Conservation and 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-324 
Recovery Act, as amended, 42 U.S.C. 6961, $2,000,000, to remain 
available until expended: Provided, That appropriations and funds 
available herein to the Department of Agriculture for hazardous 
waste management may be transferred to any agency of the Depart-
ment 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 Budget and Program Analysis, $4,252,000; for Personnel, Fi-
nance 
and 
Management, 
Operations, 
Information 
Resources 
Management, Advocacy and Enterprise, and Administrative Law 
Judges and Judicial Officer, $20,642,000 and in addition, for pay-
ment of the USDA share of the National Communications System, 
$110,000; making a total of $25,004,000 for Departmental Adminis-
tration to provide for necessary expenses for management support 
services to offices of the Department of Agriculture and for general 
administration and emergency preparedness of the Department of 
Agriculture, repairs and alterations, and other miscellaneous sup-
plies and expenses not otherwise provided for and necessary for the 
practical and efficient work of the Department of Agriculture, 
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 appro-
priations in this Act for travel expenses incident to the holding of 
hearings as required by 5 U.S.C. 551-558. 
WORKING CAPITAL FUND 
An amount of $5,708,000 is hereby appropriated to the Depart-
mental Working Capital Fund to increase the Government's equity 
in this fund and to provide for the purchase of automated data 
processing, data communication, and other related equipment nec-
essary for the provision of Departmental centralized services to the 
agencies. 
OFFICE OF THE ASSISTANT SECRETARY FOR GOVERNMENTAL AND 
.. 
PuBuc AFFAIRS 
For necessary expenses of the Office of the Assistant Secretary for 
Governmental and Public Affairs to carry out the programs funded 
in this Act, $347,000. 
PUBUC AFFAIRS 
For necessary expenses to carry on services relating to the 
coordination of programs involving public affairs, and for the 
dissemination of agricultural information and the coordination of 
information, work and programs authorized by Congress in the 
Department, $7,700,000, including emplojnnent 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 employ-
ment under 5 U.S.C. 3109, and not to exceed $2,000,000 may be used 
for farmers' bulletins and not fewer than two hundred thirty-two 
thousand two hundred and fifty copies for the use of the Senate and 
101 STAT. 1329-325 
PUBLIC LAW 100-202—DEC. 22, 1987 
House of Representatives of part 2 of the annual report of the 
Secretary (known as the Yearbook of Agriculture) as authorized by 
44 U.S.C. 1301: Provided, That in the preparation of motion pictures 
or exhibits by the Department, 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). 
CONGRESSIONAL RELATIONS 
For necessary expenses for liaison with the Congress on legislative 
matters, $497,000. 
^ 
INTERGOVERNMENTAL AFFAIRS 
For necessary expenses for programs involving intergovernmental 
affairs and liaison within the executive branch, $476,000. 
OFFICE OF THE INSPECTOR GENERAL 
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), $48,795,000, includ-
ing such sums as may be necessary for contracting and other 
arrangements with public agencies and private persons pursuant to 
section 6(aX8) of the Inspector General Act of 1978 (Public Law 95-
452), and including a sum not to exceed $50,000 for employment 
under 5 U.S.C. 3109; and including a sum not to exceed $95,000 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. 
OFFICE OF THE GENERAL COUNSEL 
For necessary expenses of the Office of the General Counsel, 
$18,734,000. 
OFFICE OF THE ASSISTANT SECRETARY FOR ECONOMICS 
For necessary expenses of the Office of the Assistant Secretary for 
Economics to carry out the programs funded in this Act, $484,000. 
ECONOMIC RESEARCH SERVICE 
For necessary expenses of the Economic Research Service in 
conducting economic research and service relating to agricultural 
production, marketing, and distribution, as authorized by the Agri-
cultural Marketing Act of 1946 (7 U.S.C. 1621-1627), and other laws, 
including economics of marketing; analyses relating to farm prices, 
income and population, and demand for farm products, use of 
resources in agriculture, adjustments, costs and returns in farming, 
and farm finance; research relating to the economic and marketing 
aspects of farmer cooperatives; and for analyses of supply and 
demand for farm products in foreign countries and their effect on 
prospects for United States exports, progress in economic develop-
ment and its relation to sales of farm products, assembly and 
analysis of agricultural trade statistics and analysis of international 
financial and monetary programs and policies as they affect the 
competitive position of United States farm products, $48,186,000; of 
which not less than $200,000 shall be available for investigation. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-326 
determination and finding as to the effect upon the production of 
food and upon the agricultural economy of any proposed action 
affecting such subject matter pending before the Administrator of 
the Environmental Protection Agency for presentation, in the public 
interest, before said Administrator, other agencies or before the 
courts: Provided, That not less than $350,000 of the funds contained 
in this appropriation shall be available to continue to gather statis-
tics and conduct a special study on the price spread between the 
.« 
farmer and the consumer: 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): Provided 
further, That not less than $145,000 of the funds contained in this 
appropriation shall be available for analysis of statistics and related 
facts on foreign production and full and complete information on 
-'-' 
' 
methods used by other countries to move farm commodities in world 
trade on a competitive basis. 
NATIONAL AGRICULTURAL STATISTICS SERVICE 
For necessary expenses of the National Agricultural Statistics 
Service in conducting statistical reporting and service work, includ-
ing crop and livestock estimates, statistical coordination and 
improvements, and marketing surveys, as authorized by the Agricul-
tural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws, 
$61,176,000: 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 $40,000 shall 
be available for employment under 5 U.S.C. 3109. 
WORLD AGRICULTURAL OUTLOOK BOARD 
For necessary expenses of the World Agricultural Outlook Board 
to coordinate and review all commodity and aggregate agricultural 
and food data used to develop outlook and situation material within 
the Department of Agriculture, as authorized by the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1622g), $1,730,000: Provided, That 
this appropriation shall be available for emplo)niient pursuant to 
the second sentence of section 706(a) of the Organic Act of 1944 
(7 U.S.C. 2225). 
OFFICE OF THE ASSISTANT SECRETARY FOR SCIENCE AND EDUCATION 
For necessary salaries and expenses of the Office of the Assistant 
Secretary for Science and Education to administer the laws enacted 
by the Congress for the Agricultural Research Service, Cooperative 
State Research Service, Extension Service, and National Agricul-
tural Library, $386,000. 
AGRICULTURAL RESEARCH SERVICE 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses to enable the Agricultural Research Serv-
ice to perform agricultural research and demonstration relating to 
production, utilization, marketing, and distribution (not otherwise 
provided for), home economics or nutrition and consumer use, and 
for acquisition of lands by donation, exchange, or purchgise at a 
nominal cost not to exceed $100, $538,884,000: Provided, That appro-
101 STAT. 1329-327 
PUBLIC LAW 100-202—DEC. 22, 1987 
priations 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 funds 
appropriated herein can be used to provide financial assistance to 
the organizers of national and international conferences, if such 
conferences are in support of agency programs: Provided 
further, 
7 use 2254. 
That appropriations hereunder shall be available for the operation 
and maintenance of aircraft and the purchase of not to exceed one 
for replacement only: Provided further, That uniform allowances for 
each uniformed employee of the Agricultural Research Service shall 
not be in excess of $400 annually: Provided further. That of the 
appropriations hereunder not less than $10,526,600 shall be avail-
7 use 2254. 
able to conduct marketing research: Provided further, That appro-
priations hereunder shall be available pursuant to 7 U.S.C. 2250 for 
the construction, alteration, and repair of buildings and improve-
ments, but unless otherwise provided the cost of constructing any 
one building shall not exceed $150,000, except for headhouses 
connecting greenhouses which shall each be limited to $500,000, and 
except for ten buildings to be constructed or improved at a cost not 
to exceed $275,000 each, and the cost of altering any one building 
during the fiscal year shall not exceed 10 per centum of the current 
replacement value of the building or $150,000 whichever is greater: 
Provided further, That the limitations on alterations contained in 
this Act shall not apply to a total of $250,000 for facilities at 
Beltsville, Maryland: Provided further. That the foregoing limita-
tions 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 the 
limitation on purchase of land shall not apply to the purchase of 
land at Fresno, California, or to the purchase of land at the 
Mahantango Research Watershed, Pennsylvania: Provided further. 
That not to exceed $190,000 of this appropriation may be transferred 
to and merged with the appropriation for the Office of the Assistant 
Secretary for Science and Education for the scientific review of 
international issues involving agricultural chemicals and food 
additives. 
Special fund: To provide for additional labor, subprofessional, and 
junior scientific help to be employed under contracts and coopera-
tive agreements to strengthen the work at Federal research installa-
tions in the field, $1,800,000. 
, 
BUILDINGS AND FACIUTIES 
''.nk^J':*','''.>-'. 
3!'?.,; !'r.' 
^vi.i Y'iii^i,'-^ 
, 
••'•-• 
v 
(INCLUDING TRANSFERS OF FUNDS) 
For acquisition of land, construction, repair, improvement, exten-
sion, alteration, and purchase of fixed equipment or facilities and for 
grants to States and other eligible recipients for such purposes, as 
necessary to carry out the agricultural research, extension and 
teaching programs of the Department of Agriculture, where not 
otherwise provided, $57,815,000, of which $7,500,000 shall not be 
obligated prior to fiscal year 1989: Provided, That these funds may 
be transferred to such other accounts in this Act as may be appro-
20 use 191 note, priate to carry out these purposes: Provided further. That facilities 
to house Bonsai collections at the National Arboretum may be 
constructed with funds accepted under the provisions of Public Law 
94-129 (20 U.S.C. 195) and the limitation on construction contained 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-328 
in the Act of August 24, 1912 (40 U.S.C. 68) shall not apply to the 
construction of such facilities. 
COOPERATIVE STATE RESEARCH SERVICE 
For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
including $155,545,000 to carry into effect the provisions of the 
Hatch Act approved March 2,1887, as amended by the Act approved 
August 11,1955 (7 U.S.C. 361a-361i), and further amended by Public 
Law 92-318 approved June 23, 1972, and further amended by Public 
Law 93-471 approved October 26, 1974, including administration by 
the United States Department of Agriculture, and penalty mail 
costs of agricultural experiment stations under section 6 of the 
Hatch Act of 1887, as amended, and payments under section 1361(c) 
of the Act of October 3, 1980 (7 U.S.C. 301n.); $17,500,000 for 
grants for cooperative forestry research under the Act approved 
October 10, 1962 (16 U.S.C. 582a—582a-7), as amended by Public 
Law 92-318 approved June 23, 1972, including administrative ex-
penses, and payments under section 1361(c) of the Act of October 3, 
1980 (7 U.S.C. 301n.); $23,333,000 for payments to the 1890 land-
grant colleges, including Tuskegee University, for research under 
section 1445 of the National Agricultural Research, Extension, and 
Teaching Policy Act of 1977 (Public Law 95-113), as amended, 
including administration by the United States Department of Agri-
culture, and penalty mail costs of the 1890 land-grant colleges, 
including Tuskegee University; $31,185,000 for contracts and grants 
for agricultural research under the Act of August 4, 1965, as 
amended (7 U.S.C. 450i); $42,372,000 for competitive research grants, 
including administrative expenses; $5,476,000 for the support of 
animal health and disease programs authorized by section 1433 of 
Public Law 95-113, including administrative expenses; $675,000 for 
supplemental and alternative crops and products as authorized by 
the National Agricultural Research, Extension, and Teaching Policy 
Act of 1977 (7 U.S.C. 3319d); $4,918,000 for grants for research and 
construction of facilities to conduct 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, as amended (7 U.S.C. 3318), to 
remain available until expended; $475,000 for rangeland research 
grants as authorized by subtitle M of the National Agricultural 
Research, Extension, and Teaching Policy Act of 1977, as amended; 
$4,754,000 for higher education grants under section 1417(a) of 
Public Law 95-113, as amended (7 U.S.C. 3152(a)); $3,500,000 for 
grants as authorized by section 1475 of the National Agricultural 
Research, Extension, and Teaching Policy Act of 1977 and other 
Acts; $3,827,000 for grants to States for the establishment and 
operation of international trade development centers, as authorized 
by the National Agricultural Research, Extension, and Teaching 
Policy Act of 1977, as amended (7 U.S.C. 3292); $3,900,000 for low-
input agriculture as authorized by the National Agricultural Re-
search, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 4701-
4710); $2,100,000 for other grants as authorized by section 1472 of 
the Food and Agriculture Act of 1977 (7 U.S.C. 3318); and $4,094,000 
for necessary expenses of Cooperative State Research Service activi-
ties, including coordination and program leadership for higher edu-
cation work of the Department, administration of payments to State 
agricultural experiment stations, funds for emplojrment pursuant to 
101 STAT. 1329-329 
PUBLIC LAW 100-202—DEC. 22, 1987 
the second sentence of section 706(a) of the Organic Act of 1944 (7 
U.S.C. 2225), and not to exceed $100,000 for employment under 5 
U.S.C. 3109; in all, $303,654,000. 
EXTENSION SERVICE 
(INCLUDING TRANSFERS OF FUNDS) 
Payments to States, Puerto Rico, Guam, the Virgin Islands, Mi-
cronesia, Northern Marianas and American Samoa: For payments 
for cooperative agricultural extension work under the Smith-Lever 
Act, as amended by the Act of June 26, 1953, the Act of August 11, 
1955, the Act of October 5,1962 (7 U.S.C. 341-349), section 506 of the 
Act of June 23, 1972, and the Act of September 29, 1977 (7 U.S.C. 
341-349), as amended, and section 1361(c) of the Act of October 3, 
1980 (7 U.S.C. 301n.), to be distributed under sections 3(b) and 3(c) of 
said Act, for retirement and employees' compensation costs for 
extension agents and for costs of penalty mail for cooperative exten-
sion agents and State extension directors, $241,594,000; payments 
for the nutrition and family education program for low-income areas 
under section 3(d) of the Act, $58,635,000, of which $39,627,000 shall 
be derived by transfer from the appropriation "Food Stamp Pro-
gram" and merged with this appropriation; payments for the urban 
gardening program under section 3(d) of the Act, $3,329,000; pay-
ments for the pest management program under section 3(d) of the 
Act, $7,164,000; payments for the farm safety program under section 
3(d) of the Act, $970,000; payments for the pesticide impact assess-
ment program under section 3(d) of the Act, $1,633,000; grants to 
upgrade 1890 land-grant college extension facilities as authorized by 
section 1416 of Public Law 99-198, $9,508,000, to remain available 
until expended; payments for an integrated reproductive manage-
ment program under section 3(d) of the Act, $47,000; payments for 
the rural development centers under section 3(d) of the Act, 
$903,000; payments for extension work under section 209(c) of Public 
Law 93-471, $935,000; payments for a financial management assist-
ance program under section 3(d) of the Act, $1,427,000; payments for 
carrying out the provisions of the Renewable Resource Extension 
Act of 1978, $2,765,000; for special grants for financially stressed 
farmers and dislocated farmers as authorized by section 1440 of 
Public Law 99-198, $3,350,000; and payments for extension work by 
the colleges receiving the benefits of the second Morrill Act (7 
U.S.C. 321-326, 328) and Tuskegee University, $18,291,000; in all, 
$350,551,000, of which not less than $79,400,000 is for Home Eco-
nomics: Provided, That funds hereby appropriated pursuant to sec-
tion 3(c) of the Act of June 26, 1953, and section 506 of the Act of 
June 23, 1972, as amended, shall not be paid to any State, 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. 
Federal administration and coordination: For administration of 
the Smith-Lever Act, as amended by the Act of June 26, 1953, the 
Act of August 11, 1955, the Act of October 5, 1962, section 506 of the 
Act of June 23, 1972, section 209(d) of Public Law 93-471, and the 
Act of September 29, 1977 (7 U.S.C. 341-349), as amended, and 
section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301n.), and to 
coordinate and provide program leadership for the extension work 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-330 
of the Department and the several States and insular possessions, 
$7,412,000, of which not less than $2,300,000 is for Home Economics. 
NATIONAL AGRICULTURAL LIBRARY 
For necessary expenses of the National Agricultural Library, 
$12,194,000: 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 $35,000 shall 
be available for employment under 5 U.S.C. 3109: Provided further. 
That not to exceed $575,000 shall be available pursuant to 7 U.S.C, 
2250 for the alteration and repair of buildings and improvements: 
Provided further. That $370,000 shall be available for a grant pursu-
ant to section 1472 of the National Agricultural Research, Exten-
sion, and Teaching Policy Act of 1977 (7 U.S.C. 3318). 
OFFICE OF THE ASSISTANT SECRETARY FOR MARKETING AND 
INSPECTION SERVICES 
For necessary salaries and expenses of the Office of the Assistant 
Secretary for Marketing £ind Inspection Services to administer pro-
grgims under the laws enacted by the Congress for the Animal and 
Plant Health Inspection Service, Food Safety and Inspection Serv-
ice, Federal Grain Inspection Service, Agricultural Cooperative 
Service, Agricultursd Marketing Service (including Office of 
Transportation) and Packers and Stockyards 
Administration, 
$363,000. 
ANIMAL AND PLANT HEALTH INSPECTION SERVICE 
SALARIES AND EXPENSES 
(INCLUDING TRANSFERS OF FUNDS) 
For expenses, not otherwise provided for, including those pursu-
ant to the Act of February 28, 1947, as amended (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 Agri-
culture 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, 
$329,330,000; of which $4,500,000 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 $1,000,000 of the funds for control of the 
fire ant shall be placed in reserve for matching purposes with States 
which may come into the program: Provided further, That no funds 
shall be used to formulate or administer a brucellosis eradication 
program for the current fiscal year that does not require minimum 
matching by the States of at least 40 per centum: 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 emplojrment 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 two, of which one shall 
be for replacement only: Provided further. That uniform allowances 
91-194 O - 90 - 22 • QT, 3 Part 2 
101 STAT. 1329-331 
PUBLIC LAW 100-202—DEC. 22, 1987 
for each uniformed employee of the Animal and Plant Health 
Inspection Service shall not be in excess of $400 annually: Provided 
21 use 129. further. That, in addition, in emergencies which threaten any seg-
ment 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 he 
may deem necessary, to be available only in such emergencies for 
the arrest and eradication of contagious or infectious diseases or 
pests of animals, poultry, or plants, and for expenses in accordance 
with the Act of February 28, 1947, as amended, and section 102 of 
the Act of September 21, 1944, as amended, and any unexpended 
balances of funds transferred for such emergency purposes in the 
next preceding fiscal year shall be merged with such transferred 
7 use 426c. 
amounts: Provided further, That hereafter, the Secretary of Agri-
culture is authorized, except for urban rodent control, to conduct 
activities and to enter into agreements with States, local jurisdic-
tions, individuals, and public and private agencies, organizations, 
and institutions in the control of nuisance mammals and birds and 
those mammal and bird species that are reservoirs for zoonotic 
diseases, and to deposit any money collected under any such agree-
ment into the appropriation accounts that incur the costs to be 
available immediately and to remain available until expended for 
Animal Damage Control activities. 
>n 
BUILDINGS AND FACILITIES 
S 
For plans, construction, repair, improvement, extension, alter-
ation, 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, 
$2,246,000. 
FOOD SAFETY AND INSPECTION SERVICE 
For necessary expenses to carry on services authorized by the 
Federal Meat Inspection Act, as amended, and the Poultry Products 
Inspection Act, as amended, $392,009,000: Provided, That this appro-
priation shall be avEiilable for field emplo3mient pursuant to 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 pursu-
ant 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 per centum of the current 
replacement value of the building. 
FEDERAL GRAIN INSPECTION SERVICE 
SALARIES AND EXPENSES 
For necessary expenses to carry out the provisions of the United 
States Grain Standards Act, as amended, and the standardization 
activities related to grain under the Agricultural Marketing Act of 
1946, as amended, including field emplo3mient pursuant to section 
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
$20,000 for employment under 5 U.S.C. 3109, $7,020,000: 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, unless otherwise provided, the cost of altering any one building 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-332 
during the fiscal year shall not exceed 10 per centum of the current 
replacement value of the building: Provided further. That none of 
the funds provided by this Act may be used to pay the salaries of 
any person or persons who require, or who authorize payments from 
fee-supported funds to any person or persons who require nonexport, 
nonterminal interior elevators to maintain records not involving 
official inspection or official weighing in the United States under 
Public Law 94-582 other than those necessary to fulfill the purposes 
of such Act. 
INSPECTION AND WEIGHING SERVICES 
UMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES 
Not to exceed $36,856,000 (from fees collected) shall be obligated 
during the current fiscal year for Inspection and Weighing Services. 
AGRICULTURAL COOPERATIVE SERVICE 
For necessary expenses to carry out the Cooperative Marketing 
Act of July 2, 1926 (7 U.S.C. 451-457), and for activities relating to 
the marketing aspects of cooperatives, including economic research 
and analysis and the application of economic research findings, as 
authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 
1621-1627), and for activities with institutions or organizations 
throughout the world concerning the development and operation of 
agricultural cooperatives (7 U.S.C. 3291), $4,611,000; of which 
$99,000 shall be available for a field office in Hawaii: 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 $15,000 shall be available for employ-
ment under 5 U.S.C. 3109. 
>
j ; 
AGRICULTURAL MARKETING SERVICE 
MARKETING SERVICES 
For necessary expenses to carry on services related to consumer 
protection, agricultural marketing and distribution and regulatory 
programs as authorized by law, and for administration and co-
ordination of payments to States; including field employment pursu-
ant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and 
not to exceed $70,000 for employment under 5 U.S.C. 3109, 
$32,409,000; of which not less than $1,591,000 shall be available 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 avsiilable pursuant to law (7 U.S.C. 2250) for the alteration 
and repair of buildings and improvements, but, unless otherwise 
provided, the cost of altering any one building during the fiscal year 
shall not exceed 10 per centum of the current replacement value of 
the building. 
UMITATION ON ADMINISTRATIVE EXPENSES 
Not to exceed $30,628,000 (from fees collected) shall be obligated 
during the current fiscal year for administrative expenses. 
101 STAT. 1329-333 
PUBLIC LAW 100-202—DEC. 22, 1987 
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 $7,601,000 for formula-
tion and administration of Marketing Agreements and Orders 
pursuant to the Agricultural Marketing Agreement Act of 1937, as 
amended, and the Agricultural Act of 1961. 
PAYMENTS TO STATES AND POSSESSIONS 
For payments to departments of agriculture, bureaus and depart-
ments of markets, and similar agencies for marketing activities 
under section 204(b) of the Agricultural Marketing Act of 1946 (7 
U.S.C. 16230))), $942,000. 
OFFICE OF TRANSPORTATION 
For necessary expenses to carry on services related to agricultural 
transportation programs as authorized by law; including field 
employment pursuant to section 706(a) of the Organic Act of 1944 (7 
U.S.C. 2225), and not to exceed $20,000 for employment under 5 
U.S.C. 3109, $2,397,000: 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, unless otherwise pro-
vided, the cost of altering any one building during the fiscal year 
shall not exceed 10 per centum of the current replacement value of 
the building. 
PACKERS AND STOCKYARDS ADMINISTRATION 
For necessary expenses for administration of the Packers and 
Stockyards Act, as authorized by law, and for certifying procedures 
used to protect purchasers of farm products, including field employ-
ment pursuant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 
2225), and not to exceed $5,000 for employment under 5 U.S.C. 3109, 
$9,402,000. 
FARM INCOME STABIUZATION 
OFFICE OF THE UNDER SECRETARY FOR INTERNATIONAL AFFAIRS AND 
COMMODITY PROGRAMS 
For necessary salaries and expenses for the Office of the Under 
Secretary for International Affairs and Commodity Programs to 
administer the laws enacted by Congfress for the Agricultural Sta-
bilization and Conservation Service, Office of International Coopera-
tion and Development, Foreign Agricultural Service, and the 
Commodity Credit Corporation, $524,000. 
, ,,, 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-334 
AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE 
SALARIES AND EXPENSES 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary administrative expenses of the Agricultural Sta-
bilization and Conservation Service, including expenses to formulate 
and carry out programs authorized by title III of the Agricultural 
Adjustment Act of 1938, as amended (7 U.S.C. 1301-1393); the 
Agricultural Act of 1949, as amended (7 U.S.C. 1421 et seq.); sections 
7 to 15, 16(a), 16(f), and 17 of the Soil (Conservation and Domestic 
Allotment Act, as amended and supplemented (16 U.S.C. 590g-590o, 
590p(a), 590p(f), and 590q); sections 1001 to 1004, 1006 to 1008, and 
1010 of the Agricultural Act of 1970 as added by the Agriculture and 
Consumer Protection Act of 1973 (16 U.S.C. 1501 to 1504, 1506 to 
K 
1508, and 1510); the Water Bank Act, as amended (16 U.S.C. 1301-
1311); the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
2101); sections 202(c) and 205 of title II of the Colorado River Basin 
Salinity Control Act of 1974, as amended (43 U.S.C. 1592(c), 1595); 
sections 401, 402, and 404 to 406 of the Agricultural Credit Act of 
1978 (16 U.S.C. 2201 to 2205); the United States Warehouse Act, as 
amended (7 U.S.C. 241-273); and laws pertaining to the CJommodity 
Credit (Dorporation, not to exceed $565,000,000, to be derived by 
transfer from the Commodity Credit (Dorporation fund: Provided, 
That other funds made available to the Agricultural Stabilization 
and Conservation Service for authorized activities may be advanced 
to and merged with this account: Provided further. That these funds 
shall be available for emplojrment pursuant to the second sentence 
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to 
exceed $100,000 shall be available for emplo3mient under 5 U.S.C. 
3109: Provided further. That no part of the funds made available 
under this Act shall be used (1) to influence the vote in any 
referendum; (2) to influence agricultural legislation, except as per-
mitted in 18 U.S.C. 1913; or (3) for salaries or other expenses of 
members of county and community committees established pursu-
ant to section 8(b) of the Soil (Conservation and Domestic Allotment 
Act, as amended, for engaging in any activities other than advisory 
and supervisory duties and delegated program functions prescribed 
in administrative regulations. 
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 manufac-
turers of dgiiry products who have been directed to remove their 
milk or dairy products from commercial markets because it con-
tained residues of chemicals registered and approved for use by the 
Federed 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, as amended (7 U.S.C. 
101 STAT. 1329-335 
PUBLIC LAW 100-202—DEC. 22, 1987 
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, $95,000: 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 his willful failure to follow procedures prescribed by the 
Federal Government: Provided, That this amount shall be trans-
ferred 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. 
CORPORATIONS 
Contracts. 
The following corporations and agencies are hereby authorized to 
make such expenditures, within the limits of funds and borrowing 
authority available to each such corporation or agency 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 nec-
essary in carrying out the programs set forth in the budget for the 
current fiscal year for such corporation or agency, except as herein-
after provided: 
FEDERAL CROP INSURANCE CORPORATION 
ADMINISTRATIVE AND OPERATING EXPENSES 
For administrative and operating expenses, as authorized by the 
Federal 
Crop Insurance Act, as amended 
(7 U.S.C. 1516), 
$200,000,000: Provided, That not to exceed $700 shall be available for 
official reception and representation expenses, as authorized by 7 
U.S.C. 1506(i). 
FEDERAL CROP INSURANCE CORPORATION FUND 
For pa3rments as authorized by section 5080)) of the Federal Crop 
Insurance Act, as amended, $228,523,000. 
„. . . 
. , 
COMMODITY CREDIT CORPORATION 
OPERATING EXPENSES 
Notwithstanding any other provision of law, for operating 
expenses as authorized by the Charter of the Commodity Credit 
Corporation (15 U.S.C. 714) to be available for financing the 
Corporation's programs and activities only as follows: 
Deficiency payments, $6,116,000,000; 
Export guarantee loan claims, $711,386,000; 
Commodity purchases, $1,150,875,000; 
Crop insurance, $200,000,000; 
Storage and handling payments, $1,343,166,000; 
Transportation of commodities, $185,464,000; 
Processing and packaging of commodities, $105,065,000; 
Producer storage pa3rments, $609,801,000; 
° >
- 
Loan collatersd settlements, $142,236,000; 
•^' 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-336 
Whole herd buy out payments (dairy termination program), 
$218,000,000; 
Interest 
payments 
to 
the 
United 
States 
Treasury, 
• 
$1,468,860,000; 
Working capital, $1,500,000,000; 
' 
Prior year losses, $1,422,400,000; 
Other expenses, $5,292,046,000; 
f 
Operating expenses, $541,691,000; 
' 
Special activities (wool program), $126,108,000; 
Support of advisory committees or commissions, including 
travel or per diem expenses, $560,000: ^ * 
Provided, That such provisions shall not interfere with the Commod-
ity Credit Corporation's discharge of its corporate responsibilities: 
Provided further. That not to exceed 7 per centum of the funds made 
available for any program or activity may be transferred to another 
program or activity as provided by existing law: Provided further, 
That notwithstanding any other provision of law, the Commodity 
Credit Corporation shall pay an interest penalty, determined on the 
basis of the provisions of the Prompt Payment Act (31 U.S.C. 3901 
et seq.), on the amount of all payments and price support loans 
which the Commodity Credit Corporation is obligated to make if 
payment is not made by the required payment date. This provision 
Effective date, 
shall be applicable to all such payments for obligations incurred 
after January 1, 1988. 
r- 
INCREASE IN BORROWING AUTHORITY 
Section 4(i) of the Commodity Credit Corporation Charter Act (15 
U.S.C. 714b(i)) is amended by striking out "$25,000,000,000" and 
inserting in lieu thereof "$30,000,000,000". 
Section 4 of the Act of March 8, 1938 (15 U.S.C. 713a-4) is 
amended by striking out "$25,000,000,000" and inserting in lieu 
thereof "$30,000,000,000". 
SHORT-TERM EXPORT CREDIT 
The Commodity Credit Corporation shall make available not less 
than $5,000,000,000 in credit guarantees under its export credit 
guarantee program for short-term credit extended to finance the 
export sales of United States agricultural commodities and the 
products thereof, as authorized by section 1125(b) of the Food Secu-
rity Act of 1985 (Public Law 99-198). 
INTERMEDIATE 
EXPORT 
CREDIT 
The Commodity Credit Corporation shall make available not less 
than $500,000,000 in credit guarantees under its export guarantee 
program for intermediate-term credit extended to finance the export 
sales of United States agricultural commodities and the products 
thereof, as authorized by section 1131(3XB) of the Food Security Act 
of 1985 (Public Law 99-198). 
"» Copy read "$560,000;". 
101 STAT. 1329-337 
PUBLIC LAW 100-202—DEC. 22, 1987 
GENERAL SALES MANAGER 
(INCLUDING TRANSFERS OF FUNDS) 
Not to exceed $7,157,000 may be transferred from the Commodity 
Credit Corporation funds to support the General Sales Manager, of 
which up to $4,000,000 shall be available only for the purpose of 
selling surplus agricultural commodities from Commodity Credit 
Corporation inventory in world trade at competitive prices for the 
purpose of regaining and retaining our normal share of world 
markets. The General Sales Manager shall report directly to the 
Reports. 
Secretary of Agriculture. The General Sales Manager shall obtain, 
assimilate, and analyze all available information on developments 
related to private sales, as well as those funded by the Corporation, 
including grade and quality as sold and as delivered, including 
information relating to the effectiveness of greater reliance by the 
General Sales Manager upon loan guarantees as contrasted to direct 
loans for financing commercial export sales of agricultural commod-
ities out of private stocks on credit terms, as provided in titles I and 
II of the Agricultural Trade Act of 1978, Public Law 95-501, and 
shall submit quarterly reports to the appropriate committees of 
Congress concerning such developments. 
TITLE 
II—RURAL 
DEVELOPMENT 
PROGRAMS 
RURAL DEVELOPMENT ASSISTANCE 
OFFICE OF THE UNDER SECRETARY FOR SMALL COMMUNITY AND 
RURAL DEVELOPMENT 
For necessary salaries and expenses for the Office of the Under 
Secretary for Small Community and Rural Development to admin-
ister programs under the laws enacted by the Congress for the 
Farmers Home Administration, Rural Electrification Administra-
tion, Federal Crop Insurance Corporation, and rural development 
activities of the Department of Agriculture, $440,000. 
FARMERS HOME ADMINISTRATION 
RURAL HOUSING INSURANCE FUND 
From funds in the Rural Housing Insurance Fund, and for insured 
loans as authorized by title V of the Housing Act of 1949, as 
amended, $1,844,990,000, of which not less than $1,794,420,000 shall 
be for subsidized interest loans to low-income borrowers, as deter-
mined by the Secretary, and for subsequent loans to existing bor-
rowers or to purchasers under assumption agreements or credit 
sales; and not to exceed $10,000,000 to enter into collection and 
servicing contracts pursuant to the provisions of section 3(fK3) of the 
Federal Claims Act of 1966 (31 U.S.C. 3718). 
For rental assistance agreements entered into or renewed pursu-
ant to the authority under section 521(aX2) of the Housing Act of 
1949, as amended, total new obligations shall not 
exceed 
$275,310,000, to be added to and merged with the authority provided 
for this purpose in prior fiscal years: Provided, That of this amount 
not to exceed $109,918,000 is available for newly constructed units 
financed by section 515 of the Housing Act of 1949, as amended, and 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-338 
not less than $5,082,000 is for newly constructed units financed 
under sections 514 and 516 of the Housing Act of 1949: Provided 
further, That $160,310,000 is available for expiring agreements and 
for servicing of existing units without agreements: Provided further, 
That agreements entered into or renewed during fiscal year 1988 
shall be funded for a five-year period, although the life of any such 
agreement may be extended to fully utilize amounts obligated: 
I^ovided further, That agreements entered into or renewed during 
fiscal years 1984, 1985, 1986, and 1987, may also be extended beyond 
five years to fully utilize amounts obligated. 
For an additional amount to reimburse the Rural Housing Insur-
ance Fund for interest subsidies and losses sustained in prior years, 
but not previously reimbursed, in carrying out the provisions of title 
V of the Housing Act of 1949, as amended (42 U.S.C. 1483, 1487(e), 
and 1490a(c)), including $2,185,000 as authorized by section 521(c) of 
the Act; $2,964,249,000. For an additional amount as authorized by 
section 521(c) of the Act such sums as may be necessary to reimburse 
the fund to carry out a rental assistance program under section 
521(a)(2) of the Housing Act of 1949, as amended. 
SELF-HELP HOUSING LAND DEVELOPMENT FUND 
For direct loans pursuant to section 523(bXlXB) of the Housing 
Act of 1949, as amended (42 U.S.C. 1490c), $500,000 shall be available 
from funds in the Self-Help Housing Land Development Fund. 
AGRICULTURAL CREDIT INSURANCE FUND 
(INCLUDING TRANSFERS OF FUNDS) 
For direct and guaranteed loans as authorized by 7 U.S.C. 1928-
1929, to be available from funds in the Agricultural Credit Insur-
ance Fund, as follows: farm ownership loans, $505,000,000, of which 
$390,000,000 shall be guaranteed loans; $14,000,000 for water devel-
opment, use, and conservation loans, of which $3,000,000 shall be 
guaranteed 
loans; operating 
loans, $3,300,000,000, of which 
$2,400,000,000 shall be guaranteed loans; Indian tribe land acquisi-
tion loans as authorized by 25 U.S.C. 488, $2,000,000; and for emer-
gency insured and guaranteed loans, $600,000,00() to meet the needs 
resulting from natural disasters, of which $12,000,000 shall be trans-
ferred to the (Commodity Credit (Dorporation for payments to be 
made to cover the difference between the partial payment and the 
amount of the full claim under provisions of the Farm Disaster 
Assistance Act of 1987 (Public Law 100-45): Provided, That notwith-
standing any provision of law the Secretary shall execute and 
deliver a quit claim deed to Tennessee State University for approxi-
mately ninety acres obtained by foreclosure and recorded in book 
233, page 56 of the register of deeds of Warren (Dounty, Tennessee. 
For an additional amount to reimburse the Agricultural Credit 
Insurance Fund for interest subsidies and losses sustained in prior 
years, but not previously reimbursed, in carrying out the provisions 
of the Consolidated Farm and Rural Development Act, as amended 
(7 U.S.C. 1988(a)), $3,627,153,000. 
RURAL DEVELOPMENT INSURANCE FUND 
For direct and guaranteed loans as authorized by 7 U.S.C. 1928 
and 86 Stat. 661-664, to be available from funds in the Rural 
101 STAT. 1329-339 
PUBLIC LAW 100-202—DEC. 22, 1987 
Development Insurance Fund, as follows: insured water and sewer 
facility loans, $330,380,000; guaranteed industrial development 
loans, 
$95,700,000; 
and 
insured 
community 
facility 
loans, 
$95,700,000. 
For an additional amount to reimburse the Rural Development 
Insurance Fund for interest subsidies and losses sustained in prior 
years, but not previously reimbursed, in carrying out the provisions 
of the Consolidated Farm and Rural Development Act, as amended 
(7 U.S.C. 1988(a)), $842,682,000. 
,
,
, 
RURAL 
DEVELOPMENT 
LOAN FUND 
For direct loans to intermediary borrowers, $14,000,000, as au-
thorized under the Rural Development Loan Fund (42 U.S.C. 
9812(a)), to be available from funds in the Rural Development Loan 
Fund, $6,500,000 and from funds transferred from the Rural Devel-
opment Insurance Fund, $7,500,000: Provided, That such funds be 
made available within six months of enactment and that a priority 
be given applications serving rural communities in economic dis-
tress or from organizations experienced in administering rural eco-
nomic development programs. 
RURAL WATER AND WASTE DISPOSAL GRANTS 
For grants pursuant to sections 306(aX2) and 306(aX6) of the 
Consolidated Farm and Rural Development Act, as amended (7 
U.S.C. 1926), $109,395,000, to remain available until expended, 
pursuant to section 306(d) of the above Act. 
VERY LOW-INCOME HOUSING REPAIR GRANTS 
For grants to the very low-income elderly for essential repairs to 
dwellings pursuant to section 504 of the Housing Act of 1949, as 
amended, $12,500,000. 
RURAL HOUSING FOR DOMESTIC FARM LABOR 
For financial assistance to eligible nonprofit organizations for 
housing for domestic farm labor, pursuant to section 516 of the 
Housing Act of 1949, as amended (42 U.S.C. 1486), $9,513,000. 
' 
MUTUAL AND SELF-HELP HOUSING 
For grants and contracts pursuant to section 523(b)(lXA) of the 
Housing Act of 1949 (42 U.S.C. 1490c), $8,000,000. 
RURAL COMMUNITY FIRE PROTECTION GRANTS 
For grants pursuant to section 7 of the Cooperative Forestry 
Assistance Act of 1978 (Public Law 95-313), $3,091,000 to fund up to 
50 per centum of the cost of organizing, training, and equipping 
rural volunteer fire departments. 
COMPENSATION FOR CONSTRUCTION DEFECTS 
For compensation for construction defects as authorized by section 
509(c) of the Housing Act of 1949, as amended, $713,000 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-340 
'u. 
<*t<J 
RURAL HOUSING PRESERVATION GRANTS 
* 
1 v > fc 
For grants for rural housing preservation as authorized by section 
552 of the Housing and Urban-Rural Recovery Act of 1983 (Public 
Law 98-181), $19,140,000. 
RURAL DEVELOPMENT GRANTS 
For grants authorized under section 310(B)(c) (7 U.S.C. 1932) to 
any qualified public or private nonprofit organization, $6,500,000: 
Provided, That such funds shall be made available within six 
months of date of enactment and that a priority be given to applica-
tions from rural areas in economic distress or from organizations 
with previous experience in administering rural economic develop-
ment programs: Provided further, That $3,000,000 shall be available 
for planning and construction costs in connection with establish-
ment of a rural industrialization technology center in Pontotoc 
County, Oklahoma. 
OFFICE OF THE ADMINISTRATOR 
For necessary salaries and expenses of the Office of the Adminis-
trator of the Farmers Home Administration, $600,000: Provided, 
That no other funds in this Act shall be available for this Office. 
i 
, 
SALARIES AND EXPENSES 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of the Farmers Home Administration, not 
otherwise provided for, in administering the programs authorized by 
the Consolidated Farm and Rural Development Act (7 U.S.C. 1921-
2000), as amended; title V of the Housing Act of 1949, as amended 
(42 U.S.C. 1471-1490o); the Rural Rehabilitation Corporation Trust 
Liquidation Act, approved May 3, 1950 (40 U.S.C. 440-444), for 
administering the loan program authorized by title III A of the 
Economic Opportunity Act of 1964 (Public Law 88-452 approved 
August 20, 1964), as amended, and such other programs which the 
Farmers Home Administration has the responsibility for admin-
istering, $407,634,000, together with not more than $3,000,000 of the 
charges collected in connection with the insurance of loans as 
authorized by section 309(a) of the Consolidated Farm and Rural 
Development Act, as amended, and section 517(i) of the Housing Act 
of 1949, as amended, or in connection with charges made on bor-
rowers under section 502(a) of the Housing Act of 1949, as amended: 
Provided, That, in addition, not to exceed $1,000,000 of the funds 
available for the various programs administered by this agency may 
be transferred to this appropriation for temporary field emplojrment 
pursuant to the second sentence of section 706(a) of the Organic Act 
of 1944 (7 U.S.C. 2225), to meet unusual or heavy workload increases: 
Provided further. That not to exceed $500,000 of this appropriation 
may be used for employment under 5 U.S.C. 3109: Provided further. 
That not to exceed $2,675,000 of this appropriation shall be available 
for contracting with the National Rural Water Association or other 
equally qualified national organization for a circuit rider program to 
provide technical assistance for rural water systems: Provided fur-
ther. That, in addition to any other authority that the Secretary 
7 USC 1981a 
may have to defer principal and interest and forego foreclosure, the 
note. 
101 STAT. 1329-341 
PUBLIC LAW 100-202—DEC. 22, 1987 
Secretary may permit, at the request of the borrower, the deferral of 
principal and interest on any outstanding loan made, insured, or 
held by the Secretary under this title, or under the provisions of any 
other law administered by the Farmers Home Administration, and 
may forego foreclosure of any such loan, for such period as the 
Secretary deems necessary upon a showing by the borrower that due 
to circumstances beyond the borrower's control, the borrower is 
temporarily unable to continue making payments of such principal 
and interest when due without unduly impairing the standard of 
living of the borrower. The Secretary may permit interest that 
accrues during the deferral period on any loan deferred under this 
section to bear no interest during or after such period: Provided 
further, ^ ^ That, if the security instrument securing such loan is 
foreclosed, such interest as is included in the purchase price at such 
foreclosure shall become part of the principal and draw interest 
from the date of foreclosure at the rate prescribed by law. 
CITY OF LINCOLN 
The area within the present city limits of the city of Lincoln, 
Burleigh County, State of North Dakota, and the southeast quarter 
(SEV4) of section eighteen (18), township one hundred thirty-eight 
(138) north, range seventy-nine (79) west, Burleigh County, North 
Dakota, shall continue to be eligible for loans and payments 
administered by the Farmers Home Administration through the 
Rural Housing Insurance Fund. 
- 
. 
. 
RURAL ELECTRIFICATION ADMINISTRATION 
To carry into effect the provisions of the Rural Electrification Act 
of 1936, as amended (7 U.S.C. 901-950(b)), as follows: 
RURAL ELECTRIFICATION AND TELEPHONE REVOLVING FUND LOAN 
AUTHORIZATIONS 
Insured loans pursuant to the authority of section 305 of the Rural 
Electrification Act of 1936, as amended (7 U.S.C. 935), shall be made 
as follows: rural electrification loans, not less than $622,050,000 nor 
more than $933,075,000; and rural telephone loans, not less than 
$239,250,000 nor more than $311,025,000; to remain available until 
expended: Provided, That loans made pursuant to section 306 of that 
Act are in addition to these amounts but during fiscal year 1988 
total commitments to guarantee loans pursuant to section 306 shall 
be not less than $933,075,000 nor more than $2,100,615,000 of 
contingent liability for total loan principal: Provided further, That 
as a condition of approval of insured electric loans during fiscal year 
1988, borrowers shall obtain concurrent supplemental financing in 
accordance with the applicable criteria and ratios in effect as of July 
15, 1982: Provided further. That no funds appropriated in this Act 
may be used to deny or reduce loans or loan advances based upon a 
borrower's level of general funds. 
'" Copy read "/'rorirfed.". 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-342 
REIMBURSEMENT TO THE RURAL ELECTRIFICATION AND TELEPHONE 
REVOLVING FUND 
/ 
For an additional amount to reimburse the rural electrification 
and telephone revolving fund for interest subsidies and losses sus-
tained in prior years, but not previously reimbursed, in carrying out 
the provisions of the Rural Electrification Act of 1936, as amended (7 
U.S.C. 901-950(b)), $327,675,000. 
RURAL TELEPHONE BANK 
For the purchase of Class A stock of the Rural Telephone Bank, 
$28,710,000, to remain available until expended (7 U.S.C. 901-95003)). 
The Rural Telephone Bank is hereby authorized to make such 
expenditures, within the limits of funds and borrowing authority 
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 amended, as may be necessary in carrying out its authorized 
programs for the current fiscal year. During fiscal year 1988, and 
within the resources and authority av£dlable, gross obligations for 
the principal amount of direct loans shall be not less than 
$177,045,000 nor more than $210,540,000. 
RURAL COMMUNICATION DEVELOPMENT FUND 
To reimburse the Rural Communication Development Fund for 
interest subsidies and losses sustained in prior years, but not pre-
viously reimbursed, in meiking Community Antenna Television 
loans and loan guarantees under sections 306 and 310B of the 
Consolidated Farm and Rural Development Act, as amended, 
$1,309,000. 
OFFICE OF THE ADMINISTRATOR 
For necessary salaries and expenses of the Office of the Adminis-
trator of the Rural Electrification Administration, $155,000: Pro-
vided, That no other funds in this Act shall be available for this 
Office. 
SALARIES AND EXPENSES 
For administrative expenses to carry out the provisions of the 
Rural Electrification Act of 1936, as amended (7 U.S.C. 901-950(b)), 
and to administer the loan and loan guarantee programs for 
Community Antenna Television facilities as authorized by the 
Consolidated Farm and Rural Development Act (7 U.S.C. 1921-1995), 
and for which commitments were made prior to fiscal year 1988, 
including not to exceed $7,000 for financial and credit reports, funds 
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 $103,000 
for employment under 5 U.S.C. 3109, $30,713,000. 
101 STAT. 1329-343 
PUBLIC LAW 100-202—DEC. 22, 1987 
r*viopqj£j3. v
U
'
U
-
. v'^oTt. 
CONSERVATION 
. ,
. .^.':^iM;':;'F:,'K/,;a^ 
SOIL CONSERVATION SERVICE 
CONSERVATION OPERATIONS 
For necessary expenses for carrjdng out the provisions of the Act 
of April 27, 1935 (16 U.S.C. 590a-590f) 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 nec-
essary 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 by donation, exchange, or pur-
chase at a nominal cost not to exceed $100; purchase and erection or 
alteration or improvement of permanent and temporary buildings; 
and operation and maintenance of aircraft, $398,670,000, of which 
not less than $5,379,000 is for snow survey and water forecasting 
and not less than $4,856,000 is for operation smd establishment of 
the plant materials centers: Provided, That of the foregoing 
amounts not less than $310,000,000 is for personnel compensation 
and benefits: Provided further, That the Chief of the Soil Conserva-
tion Service shsQl report directly to the Secretary of Agriculture: 
16 use 590e-l. 
Provided further. That the cost of any permanent building, pur-
chased, erected, or as improved, exclusive of the cost of constructing 
a water supply or sanitary system and connecting the same to any 
such building and with the exception of buildings acquired in 
conjunction with land being purchased for other purposes, shall not 
exceed $10,000, except for one building to be constructed at a cost 
not to exceed $100,000 and eight buildings to be constructed or 
improved at a cost not to exceed $50,000 per building and except 
that alterations or improvements to other existing permanent build-
ings costing $5,000 or more may be made in any fiscal year in an 
amount not to exceed $2,000 per building: Provided further. That 
when buildings or other structures are erected on non-Federeil land 
that the right to use such land is obtained as provided in 7 U.S.C. 
2250a: Provided further. That no part of this appropriation may be 
expended for soil and water conservation operations under the Act 
of April 27, 1935 (16 U.S.C. 590a-590f) 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 emplojonent under 5 U.S.C. 3109: Provided further, 
16 use 590e-2. 
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): Provided further. That none of the funds in this Act 
shall be used for the purpose of consolidating equipment, personnel, 
or services of the Soil Conservation Service's national technical 
centers in Portland, Oregon; Lincoln, Nebraska; Chester, Pennsylva-
nia; and Fort Worth, Texas, into a single national technical center, 
RIVER BASIN SURVEYS AND INVESTIGATIONS 
For necessary expenses to conduct research, investigations, and 
surveys of the watersheds of rivers and other waterways, in accord-
ance with section 6 of the Watershed Protection and Flood Preven-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-344 
tion Act approved August 4, 1954, as amended (16 U.S.C. 1006-1009), 
$12,051,000: Provided, 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 $60,000 
shall be available for employment under 5 U.S.C. 3109. 
WATERSHED PLANNING 
. . . 
For necessary expenses for small watershed investigations and 
planning, in accordance with the Watershed Protection and Flood 
Prevention Act, as amended (16 U.S.C. 1001-1008), $8,651,000: Pro-
vided, That this appropriation shall be available for field employ-
ment 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. 
WATERSHED AND FLOOD PREVENTION OPERATIONS 
For necessary expenses to carry out preventive measures, includ-
ing 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, as 
amended (16 U.S.C. 1001-1005, 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, 
$165,873,000 (of which $26,271,000 shall be available for the water-
sheds authorized under the Flood Control Act approved June 22, 
1936 (33 U.S.C. 701, 16 U.S.C. 1006a), as amended and supple-
mented): Provided, 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 
$3,500,000 shall be avEiilable for emergency measures as provided by 
sections 403-405 of the Agricultural Credit Act of 1978 (16 U.S.C. 
2203-2205), and not to exceed $200,000 shall be available for employ-
ment under 5 U.S.C. 3109: Provided further, That $7,949,000 in loans 
may be insured, or made to be sold and insured, under the Agricul-
tural Credit Insurance Fund of the Farmers Home Administration 
(7 U.S.C. 1931): 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), as amended, 
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 canying 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, as amended (7 U.S.C. 1010-1011; 
76 Stat. 607), and the provisions of the Act of April 27, 1935 (16 
U.S.C. 590a-f), and the provisions of the Agriculture and Food Act of 
1981 (16 U.S.C. 3451-3461), $25,120,000: Provided, That $1,207,000 in 
loans may be insured, or made to be sold and insured, under the 
Agricultural Credit Insurance Fund of the Farmers Home Adminis-
tration (7 U.S.C. 1931): Provided further, That this appropriation 
101 STAT. 1329-345 
PUBLIC LAW 100-202—DEC. 22, 1987 
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 $50,000 shall be available for employment under 5 
U.S.C. 3109. 
GREAT PLAINS CONSERVATION PROGRAM 
For necessary expenses to carry into effect a program of conserva-
tion in the Great Plains area, pursuant to section 16(b) of the Soil 
Conservation and Domestic Allotment Act, as added by the Act of 
August 7, 1956, as amended (16 U.S.C. 590p(b)), $20,474,000, to 
remain available until expended (16 U.S.C. 590p(b)(7)). 
AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE 
AGRICULTURAL CONSERVATION PROGRAM 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses to carry into effect the program au-
thorized in sections 7 to 15, 16(a), 16(f), and 17 of the Soil Conserva-
tion and Domestic Allotment Act approved February 29, 1936, as 
amended and supplemented (16 U.S.C. 590g-590o, 590p(a), 590p(f), 
and 590q), and sections 1001-1004, 1006-1008, and 1010 of the Agri-
cultural Act of 1970, as added by the Agriculture and Consumer 
Protection Act of 1973 (16 U.S.C. 1501-1504, 1506-1508, and 1510), 
and including not to exceed $15,000 for the preparation and display 
of exhibits, including such displays at State, interstate, and inter-
national fairs within the United States, $176,935,000, to remain 
available until expended (16 U.S.C. 590o) for agreements, excluding 
administration but including technical assistance and related ex-
penses, except that no participant in the Agricultural Conservation 
Program shall receive more than $3,500 per year, except where the 
participants from two or more farms or ranches join to carry out 
approved practices designed to conserve or improve the agricultural 
resources of the community, or where a participant has a long-term 
agreement, in which case the total payment shall not exceed the 
annual payment limitation multiplied by the number of years of the 
agreement: Provided, That no portion of the funds for the current 
year's program may be utilized to provide financial or technical 
assistance for drainage on wetlands now designated as Wetlands 
Types 3 (III) through 20 (XX) in United States Department of the 
Interior, Fish and Wildlife Circular 39, Wetlands of the United 
States, 1956: Provided further, That such amounts shall be available 
for the purchase of seeds, fertilizers, lime, trees, or any other 
conservation materials, or any soil-terracing services, and making 
grants thereof to agricultural producers to aid them in carrying out 
approved farming practices as authorized by the Soil Conservation 
and Domestic Allotment Act, as amended, as determined and rec-
ommended by the county committees, approved by the State 
committees and the Secretary, under programs provided for herein: 
Provided further, That such assistance will not be used for carrying 
out measures and practices that are primarily production-oriented 
or that have little or no conservation or pollution abatement bene-
fits: Provided further. That not to exceed 5 per centum of the 
allocation for the current year's program for any county may, on the 
recommendation of such county committee and approval of the 
State committee, be withheld and allotted to the Soil Conservation 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-346 
Service for services of its technicians in formulating and carrying 
out the Agricultural Conservation Program in the participating 
counties, and shall not be utilized by the Soil Conservation Service 
for any purpose other than technical and other assistance in such 
counties, and in addition, on the recommendation of such county 
committee and approval of the State committee, not to exceed 1 per 
centum may be made available to any other Federal, State, or local 
public agency for the same purpose and under the same conditions: 
Provided further. That for the current year's program $2,500,000 
shall be available for technical assistance in formulating and carry-
ing out rural environmental practices: Provided further, That no 
part of any funds available to the Department, or any bureau, office, 
corporation, or other agency constituting a part of such Department, 
shall be used in the current fiscal year for the payment of salary or 
travel expenses of any person who has been convicted of violating 
the Act entitled "An Act to prevent pernicious political activities" 
approved August 2, 1939, as amended, or who has been found in 
accordance with the provisions of title 18 U.S.C. 1913 to have 
violated or attempted to violate such section which prohibits the use 
of Federal appropriations for the payment of personal services or 
other expenses designed to influence in any manner a Member of 
Congress to favor or oppose any legislation or appropriation by 
Congress except upon request of any Member or through the proper 
official channels. 
FORESTRY INCENTIVES PROGRAM 
For necessary expenses, not otherwise provided for, to carry out 
the program of forestry incentives, as authorized in the Cooperative 
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical 
assistance and related expenses, $11,891,000, to remain available 
until expended, as authorized by that Act. 
WATER BANK PROGRAM 
For necessary expenses to carry into effect the provisions of the 
Water Bank Act (16 U.S.C. 1301-1311), $8,371,000, to remain avail-
able until expended. 
EMERGENCY CONSERVATION PROGRAM 
For necessary expenses to carry into effect the program au-
thorized in sections 401, 402, and 404 of title IV of the Agricultural 
Credit Act of 1978 (16 U.S.C. 2201-2205), $1,000,000, to remain 
available until expended, as authorized by 16 U.S.C. 2204. 
COLORADO RIVER BASIN SAUNITY CONTROL PROGRAM 
For necessary expenses for carrying out the purposes of section 
202 of title II of the Colorado River Basin Salinity Control Act, as 
amended (43 U.S.C. 1592), to be used to reduce salinity in the 
Colorado River and to enhance the supply and quality of water 
available for use in the United States and the Republic of Mexico, 
$4,904,000, for investigations and surveys, for technical assistance in 
developing conservation practices and in the preparation of salinity 
control plans, for the establishment of on-farm irrigation manage-
ment systems, including related lateral improvement measures, for 
making cost-share payments to agricultural landowners and opera-
101 STAT. 1329-347 
PUBLIC LAW 100-202—DEC. 22, 1987 
tors, Indian tribes, irrigation districts and associations, local govern-
mental and nongovernmental entities, and other landowners to aid 
them in carrying out approved conservation practices as determined 
and recommended by the county committees, approved by the State 
committees and the Secretary, and for associated costs of program 
planning, information and education, and program monitoring and 
evaluation: Provided, That the Soil Conservation Service shall pro-
vide technical assistance and the Agricultural Stabilization and 
Conservation Service shall provide administrative services for the 
program, including but not limited to, the negotiation and adminis-
tration of agreements and the disbursement of payments: Provided 
further. That such program shall be coordinated with the regular 
Agricultured Conservation Program and with research programs of 
other agencies. 
CONSERVATION RESERVE PROGRAM 
\!' 
' 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses to carry out the Conservation Reserve 
Program pursuant to the Food Security Act of 1985 (16 U.S.C. 3881-
3845), $1,131,000,000, to remain available until expended, to be used 
for Commodity Credit Corporation expenditures for cost-share 
assistance for the establishment of conservation practices, for 
annual rental payments, and for technical assistance: Provided, 
That 4 per centum of the funds available for the conservation 
reserve program in this Act shall be transferred to the conservation 
operations account of the Soil Conservation Service for services of its 
technicians in carrying out the conservation programs of the Food 
Security Act of 1985: Provided further. That none of the funds in 
this Act may be used to enter into new contracts that are in excess 
of the prevailing local rental rates for an acre of comparable land: 
Provided further. That funds appropriated by this Act for the Con-
servation Reserve Program shall be used to the extent necessary to 
reimburse fully the Commodity Credit Corporation for conservation 
reserve costs financed by the Corporation during the period of the 
Continuing Resolutions, Public Laws 100-120 and 100-162. 
TITLE III—DOMESTIC FOOD PROGRAMS 
OFFICE OF THE ASSISTANT SECRETARY FOR FOOD AND CONSUMER 
SERVICES 
For necessary salaries and expenses of the Office of the Assistant 
Secretary for Food and Consumer Services to administer the laws 
enacted by the Congress for the Food and Nutrition Service and the 
Human Nutrition Information Service, $365,000. 
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FOOD AND NUTRITION SERVICE 
- 
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CHILD NUTRITION PROGRAMS 
'l -! '.> ' 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses to carry out the National School Lunch 
Act (42 U.S.C. 1751-1769b, except 1766(i)), and the applicable provi-
sions other than sections 3, 17, 18, and 19 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1773-1785, and 1788-1789); $4,497,629,000, to 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-348 
remain available through September 30, 1989, of which $679,826,000 
is hereby appropriated and $3,817,803,000 shall be derived by trans-
fer from funds available under section 32 of the Act of August 24, 
1935 (7 U.S.C. 612c): Provided, That funds appropriated for the 
42 USC 1776a. ' 
purpose of section 7 of the Child Nutrition Act of 1966 shall be 
allocated among the States but the distribution of such funds to an 
individual State is contingent upon that State's agreement to 
participate in studies and surveys of programs authorized under the 
National School Lunch Act and the Child Nutrition Act of 1966, 
when such studies and surveys have been directed by the Congress 
and requested by the Secretary of Agriculture: Provided 
further. 
That if the Secretary of Agriculture determines that a State's 
42 USC 1776b. 
administration of any program under the National School Lunch 
Act or the Child Nutrition Act of 1966 (other than section 17), or the 
regulations issued pursuant to these Acts, is seriously deficient, and 
the State fails to correct the deficiency within a specified period of 
time, the Secretary may withhold from the State some or all of the 
funds allocated to the State under section 7 of the Child Nutrition 
Act of 1966 and under section 13(kXl) of the National School Lunch 
Act; upon a subsequent determination by the Secretary that the 
programs are operated in an acceptable manner some or all of the 
funds withheld may be allocated: Provided further. That only final 
reimbursement claims for service of meals, supplements, and milk 
submitted to State agencies by eligible schools, summer camps, 
institutions, and service institutions within sixty days following the 
month for which the reimbursement is claimed shall be eligible for 
reimbursement from funds appropriated under this Act. States may 
Reports. 
receive program funds appropriated under this Act for meals, 
supplements, and milk served during any month only if the final 
program operations report for such month is submitted to the 
Department within ninety days following that month. Exceptions to 
these claims or reports submission requirements may be made at 
the discretion of the Secretary. 
SPECIAL MILK PROGRAM 
For necessary expenses, to carry out the special milk program, as 
authorized by section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 
1772), $21,500,000, to remain available through September 30, 1989. 
Only fined reimbursement claims for milk submitted to State agen-
cies within sixty days following the month for which the reimburse-
ment is claimed shall be eligible for reimbursement from funds 
appropriated under this Act. States may receive program funds 
appropriated under this Act only if the final program operations 
report for such month is submitted to the Department within ninety 
days following that month. Exceptions to these claims or reports 
submission requirements may be made at the discretion of the 
Secretary. 
Reports. 
SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, INFANTS, AND 
CHILDREN (WIC) 
For necessary expenses to carry out the special supplemental food 
program as authorized by section 17 of the Child Nutrition Act of 
1966 (42 U.S.C. 1786), $1,802,363,000, to remain available through 
September 30,1989. 
101 STAT. 1329-349 
PUBLIC LAW 100-202—DEC. 22, 1987 
STUDY OF MEDICAID SAVINGS FOR NEWBORNS FROM WIC PROGRAM 
42 use 1786 
(a) STUDY.—The Secretary of Agriculture shall conduct a national 
note. 
study of savings in the amount of assistance provided to families 
with newborns under State plans for medical assistance approved 
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and 
State indigent health care programs, during the first 60-day period 
after birth, as the result of the prenatal participation of mothers in 
the special supplemental food program authorized under section 17 
of the Child Nutrition Act of 1966 (42 U.S.C. 1786). 
(b) REPORT.—Not later than February 1, 1990, the Secretary shall 
submit to Congress a report that describes the results of the study 
"^' 
''" 
conducted under subsection (a). 
(c) FUNDING.—This section shall be carried out using funds made 
available under section 17(g)(3) of the Child Nutrition Act of 1966. 
COMMODITY SUPPLEMENTAL FOOD 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)), including not 
less than $8,000,000 for the projects in Detroit, New Orleans, and 
Des Moines, $50,000,000: Provided, That funds available above those 
needed to serve 145,000 women, infants, and children and 80,000 
elderly persons in States operating projects in 1987 shall be used to 
fund additional women, infants, and children in projects in States 
without projects in 1987: Provided further. That funds provided 
'' 
herein shall remain available through September 30, 1989: iVoyided 
further. That none of these funds shall be available to reimburse the 
Commodity Credit Corporation for commodities donated to the 
program. 
FOOD STAMP PROGRAM 
For necessary expenses to carry out the Food Stamp Act (7 U.S.C. 
2011-2027, 2028, 2029), $13,557,757,000: Provided, That funds pro-
vided herein shall remain available through September 30, 1988 in 
accordance with section 18(a) of the Food Stamp Act: Provided 
further. That up to 5 per centum of the foregoing amount may be 
placed in reserve to be apportioned pursuant to section 3679 of the 
Revised Statutes, as amended, for use only in such amounts and at 
such times as may become necessary to carry out program oper-
ations: Provided further. That funds provided herein shall be ex-
pended in accordance with section 16 of the Food Stamp Act: 
r, 
Provided further. That this appropriation shall be subject to any 
work registration or workfare requirements £is may be required by 
law: Provided further, That $345,000,000 of the funds provided 
herein shall be available only to the extent necessary after the 
Secretary has employed the regulatory and administrative methods 
available to him under the law to curtail fraud, waste, and abuse in 
the program: Provided further. That $879,250,000 of the foregoing 
amount shall be available for Nutrition Assistance for Puerto Rico 
as authorized by 7 U.S.C. 2028. 
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)), section 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-350 
4(b) of the Food Stamp Act (7 U.S.C. 2013), and section 311 of the 
Older Americans Act of 1965, as amended (42 U.S.C. 3030a(a)), 
$194,108,000. 
TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM 
For necessary expenses to carry out the Temporary Emergency 
Food Assistance Act of 1983, as amended, $50,000,000: Provided, 
That, in accordance with section 202 of Public Law 98-92, these 
funds shall be available only if the Secretary determines the exist-
ence of excess commodities. 
FOOD PROGRAM ADMINISTRATION 
For necessary administrative expenses of the Domestic Food Pro-
grams funded under this Act, $85,828,000; of which $5,000,000 shall 
be available only for simplifying procedures, reducing overhead 
costs, tightening regulations, improving food stamp coupon han-
dling, and assistance in the prevention, identification, and prosecu-
tion of fraud and other violations of law: Provided, That this appro-
priation 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 emplojnnent under 
5 U.S.C. 3109. 
HUMAN NUTRITION INFORMATION SERVICE 
For necessary expenses to enable the Human Nutrition Informa-
tion Service to perform applied research and demonstrations relat-
ing to human nutrition and consumer use and economics of food 
utilization, $8,623,000: Provided, That this appropriation shall be 
avgdlable for employment pursuant to the second sentence of section 
706(a) of the Organic Act of 1944 (7 U.S.C. 2225). 
TITLE IV—INTERNATIONAL PROGRAMS 
e 
FOREIGN AGRICULTURAL SERVICE 
For necessary expenses of the Foreign Agricultural Service, 
including carrying out title VI of the Agricultural Act of 1954, as 
amended (7 U.S.C. 1761-1768), market development activities 
abroad, and for enabling the Secretary to coordinate and integrate 
activities oi the Department in connection with foreign agricultural 
work, including not to exceed $110,000 for representation allowances 
and for expenses pursuant to section 8 of the Act approved August 3, 
1956 (7 U.S.C. 1766), $92,017,000: Provided, That not less than 
$255,000 of this appropriation shall be available to obtain statistics 
and related facts on foreign production and full euid complete 
information on methods used by other countries to move farm 
commodities in world trade on a competitive basis: Provided further. 
That, hereafter, notwithstanding any other provision of law, upon 
7 USC1762 note. 
the request of the Secretary of Agriculture, the Secretary of State 
shall accord the diplomatic title of Minister-Counselor to the senior 
Foreign AgriculturaJ Service Officer assigned to any United States 
mission abroad: Provided further, That the number of Agricultural 
Counselors accorded such diplomatic title at any time shall not 
exceed eight: Provided further, That funds available to the Foreign 
Contracts. 
Agricultural Service under this and subsequent appropriations Acts 
'7 USC 1762 note. 
101 STAT. 1329-351 
PUBLIC LAW 100-202—DEC. 22, 1987 
shall be available to contract with individuals for services to be 
performed outside the United States as determined by the Service to 
be necessary or appropriate for carrying out programs and activities 
abroad. Such individuals shall not be regarded as officers or 
employees of the United States under any law, including any law 
administered by the Office of Personnel Management. 
^ 
P U B U C L A W 4 8 0 
" | J 
(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, as amended (7 U.S.C. 1691, 1701-1715, 1721-1726, 1727-
1727f, 1731-1736g), as follows: (1) financing the sale of agricultural 
commodities for convertible foreign currencies and for dollars on 
credit terms pursuant to titles I and III of said Act, or for convert-
ible foreigii currency for use under 7 U.S.C. 1708, and for furnishing 
commodities to carry out the Food for Progress Act of 1985, not more 
than $852,000,000, of which $429,596,000 is hereby appropriated and 
the balance derived from proceeds from sales of foreign currencies 
and dollar loan repa3Tiients, repayments on long-term credit sales, 
carryover balances and commodities made available from the inven-
tories of the Commodity Credit Corporation by the Secretary of 
Agriculture pursuant to sections 102 and 4030)) of said Act, and (2) 
commodities supplied in connection with dispositions abroad, pursu-
ant to title II of said Act, not more than $630,000,000, of which 
$630,000,000 is hereby appropriated: Provided, That not to exceed 10 
per centum of the funds made available to carry out any title of this 
paragraph may be used to carry out any other title of this 
paragraph. 
OFFICE OF INTERNATIONAL COOPERATION AND DEVELOPMENT 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of the Office of International Cooperation 
and Development to coordinate, plan, and direct activities involving 
international development, technical assistance and training, and 
international scientific and technical cooperation in the Department 
of Agriculture, including those authorized by the Food and Agri-
culture Act of 1977 (7 U.S.C. 3291), $5,295,000: Provided, That in 
addition, funds available to the Department of Agriculture shall be 
available to assist an international organization in meeting the 
costs, including salaries, fringe benefits and other associated costs, 
related to the emplo)rment by the organization of Federal personnel 
that may transfer to the organization under the provisions of 5 
U.S.C. 3581-3584, or of other well-qualified United States citizens, 
ifi ? '^ i >a 
for the performance of activities that contribute to increased under-
standing of international agricultural issues, with transfer of funds 
for this purpose from one appropriation to another or to a single 
account authorized, such funds remaining available until expended: 
Provided further, That the Office may utilize advances of funds, or 
reimburse this appropriation for expenditures made on behalf of 
. .
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Federal agencies, public and private organizations and institutions 
f s. ^ 15",. 
under sigreements executed pursuant to the agricultural food 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-352 
production assistance programs (7 U.S.C. 1736) and the foreign 
assistance programs of the International Development Cooperation 
Administration (22 U.S.C. 2392). 
SCIENTIFIC ACTIVITIES OVERSEAS (FOREIGN CURRENCY PROGRAM) 
For payments in foreign currencies owed to or owned by the 
United States for market development research authorized by sec-
tion 104(bXl) and for agricultural and forestry research and other 
functions related thereto authorized by section 104(bX3) of the Agri-
cultural Trade Development and Assistance Act of 1954, as amended 
(7 U.S.C. 1704(b) (1), (3)), $1,500,000: Provided, That this appropria-
tion shall be available, in addition to other appropriations for these 
purposes, for payments in the foregoing currencies: Provided fur-
ther, That funds appropriated herein shall be used for payments in 
such foreign currencies as the Department determines are needed 
and can be used most effectively to carry out the purposes of this 
paragraph: Provided further, That not to exceed $25,000 of this 
appropriation shall be available for payments in foreign currencies 
for expenses of employment pursuant to the second sentence of 
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), as amended 
by 5 U.S.C. 3109. 
TITLE V—RELATED AGENCIES 
I, • . 
FOOD AND DRUG ADMINISTRATION 
, >
,
. 
. 
SALARIES A N D EXPENSES 
For necessary expenses of the Food and Drug Administration; 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; $450,504,000: Provided, 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. 
BUILDINGS AND FACILITIES 
For plans, construction, repair, improvement, extension, alter-
ation, and purchase of fixed equipment or facilities of or used by the 
Food and Drug Administration, where not otherwise provided, 
$1,450,000. 
RENTAL PAYMENTS (FDA) 
(INCLUDING TRANSFERS OF FUNDS) 
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, $25,612,000: Pro-
vided, That in the event the Food and Drug Administration should 
require modification of space needs, a share of the salaries and 
expenses appropriation may be transferred to this appropriation, or 
a share of this appropriation may be transferred to the salaries and 
expenses appropriation, but such transfers shall not exceed 10 per 
centum of the funds made available for rental payments (FDA) to or 
from this account. 
101 STAT. 1329-353 
PUBLIC LAW 100-202—DEC. 22, 1987 
COMMODITY FUTURES TRADING COMMISSION 
For necessary expenses to carry out the provisions of the Commod-
ity Exchange Act, £is amended (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; $32,813,000, including not to exceed $700 for official reception 
and representation expenses. 
,. 
FARM CREDIT ADMINISTRATION 
UMITATION ON REVOLVING FUND FOR ADMINISTRATIVE EXPENSES 
Notwithstanding any provision of The Farm Credit Act Amend-
ments of 1987 (H.R. 3030), or any similar bill, if enacted into law, not 
to exceed $35,000,000 (from sissessments collected from farm credit 
system banks), of which not to exceed $1,500 shall be available for 
official reception and representation expenses, shall be obligated 
during the current fiscal year for administrative expenses as au-
thorized under 12 U.S.C. 2249. 
Contracts. 
Public 
information. 
7 u s e 1623a. 
TITLE VI—GENERAL PROVISIONS 
SEC. 601. 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 expendi-
tures are a matter of public record and available for public inspec-
tion, except where otherwise provided under existing law, or under 
existing Executive Order issued pursuant to existing law. 
SEC. 602. Within the unit limit of cost fixed by law, appropriations 
and authorizations made for the Department of Agriculture for the 
fiscal year 1988 under this Act shall be available for the purchase, in 
addition to those specifically provided for, of not to exceed seven 
hundred and fifty-four (754) passenger motor vehicles, of which 
seven hundred and forty-six (746) shall be for replacement only, and 
for the hire of such vehicles. 
SEC. 603. Funds in this Act available to the Department of Agri-
culture shall be available for uniforms or allowemces therefore as 
authorized by law (5 U.S.C. 5901-5902). 
SEC. 604. 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, and (7 
U.S.C. 427, 1621-1629), and by chapter 63 of title 31, United States 
(Dode, shall be available for contracting in accordance with said Acts 
and chapter. 
SEC. 605. No part of the funds contained in this Act may be used to 
make production or other payments to a person, persons, or corpora-
tions upon a final finding by court of competent jurisdiction that 
such party is guilty of growing, cultivating, harvesting, processing or 
storing marijuana, or other such prohibited drug-producing plants 
on any part of lands owned or controlled by such persons or corpora-
tions. 
SEC. 606. Advances of money to chiefs of field parties from any 
appropriation in this Act for the Department of Agriculture may be 
made by authority of the Secretary of Agriculture. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-354 
SEC. 607. 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. 608. New obligational authority provided for the following 
appropriation items in this Act shall remain available until ex-
pended: Public Law 480; Mutual and Self-Help Housing; Watershed 
and Flood Prevention Operations; Resource Conservation and Devel-
opment; Colorado River Basin Salinity Control Program; Animal 
and Plant Health Inspection Service, $4,500,000 for the contingency 
fund to meet emergency conditions, and buildings and facilities; 
Agricultural Stabilization and Conservation Service, salaries and 
expenses funds made available to county committees; the Federal 
Crop Insurance Corporation Fund; Rural Housing for Domestic 
Farm Labor; Agricultural Research Service, buildings and facilities; 
Scientific Activities Overseas (Foreign Currency Program); Dairy 
Indemnity Program; $5,000,000 for the grasshopper and Mormon 
cricket control program. Animal and Plant Health Inspection 
_. , 
Service; $2,852,000 for higher education training grants under sec-
tion 1417(aX3)(B) of Public Law 95-113, as amended (7 U.S.C. 
3152(aX3XB)); and 
buildings 
and 
facilities. 
Food 
and 
Drug 
Administration. 
SEC. 609. 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. 610. Not to exceed $50,000 of the appropriation 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. 611. Notwithstanding any other provision of law, employees 
of the agencies of the Department of Agriculture, including em-
ployees of the Agricultural Stabilization and Conservation county 
committees, may be utilized to provide part-time and intermittent 
assistance to other agencies of the Department, without reimburse-
ment, during periods when they are not otherwise full utilized, and 
ceilings on full-time equivalent staff years established for or by the 
Department of Agriculture shall exclude overtime as well as staff 
years expended as a result of canying out programs associated with 
natural disasters, such as forest fires, droughts, fioods, and other 
acts of God. 
SEC. 612, Funds provided by this Act for personnel compensation 
and benefits shall be available for obligation for that purpose only. 
SEC. 613. No part of any appropriation contained in this Act shall 
be expended by any executive agency, as referred to in the Office of 
Federal Procurement Policy Act (41 U.S.C, 401 et seq,), pursuant to 
any obligation for services by contract, unless such executive agency 
has awarded and entered into such contract as provided by law. 
SEC, 614. None of the funds appropriated or otherwise made 
available by this Act shall be available 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. 615. Certificates of beneficial ownership sold by the Farmers 
Home Administration in connection with the Agricultural Credit 
Insurance Fund, Rural Housing Insurance Fund, and the Rural 
101 STAT. 1329-355 
PUBLIC LAW 100-202—DEC. 22, 1987 
Grants. 
Contracts. 
7 u s e 612c note. 
Reports. 
Development Insurance Fund shall be not less than 65 per centum 
of the value of the loans closed during the fiscal year. 
SEC. 616. 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 Agri-
culture and nonprofit institutions in excess of 10 per centum of the 
total direct cost of the agreement when the purpose of such coopera-
tive arrangements is to carry out programs of mutual interest 
between the two parties. This does not preclude appropriate pay-
ment 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. 617. None of the funds in this Act shall be used to carry out 
any activity related to phasing out the Resource Conservation and 
Development Program. 
SEC. 618. None of the funds in this Act shall be used to prevent or 
interfere with the right and obligation of the Commodity Credit 
Corporation to sell surplus agricultural commodities in world trade 
at competitive prices as authorized by law. 
SEC. 619. Notwithstanding any other provision of this Act, 
commodities acquired by the Department in connection with 
Commodity Credit Corporation and section 32 price support oper-
ations 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 hard-
ship as determined by the Secretary of Agriculture. 
SEC. 620. During fiscal year 1988, notwithstanding any other 
provision of law, no funds may be paid out of the Treasury of the 
United States or out of any fund of a Government corporation to any 
private individual or corporation in satisfaction of any assurance 
Eigreement or pa3mient guarantee or other form of loan guarantee 
entered into by any agency or corporation of the United States 
Government with respect to loans made and credits extended to the 
Polish People's Republic, unless the Polish People's Republic has 
been declared to be in default of its debt to such individual or 
corporation or unless the President has provided a monthly written 
report to the Speaker of the House of Representatives and the 
President of the Senate explaining the manner in which the na-
tional interest of the United States has been served by any pay-
ments during the previous month under loan guarantee or credit 
assurance agreement with respect to loans made or credits extended 
to the Polish People's Republic in the absence of a declaration of 
default. 
SEC. 621. None of the funds in this Act shall be available to 
reimburse the Genersd Services Administration for pajonent of 
space rental and related costs in excess of the amounts specified in 
this Act; nor shall this or any other provision of law require a 
reduction in the level of rental space or services below that of fiscal 
year 1987 or prohibit an expansion of rental space or services with 
the use of funds otherwise appropriated in this Act. 
SEC. 622. In fiscsil year 1988, the Secretary of Agriculture shall 
initiate construction on not less than twenty new projects under the 
Watershed Protection and Flood Prevention Act (Public Law 566) 
and not less than five new projects under the Flood Ck)ntrol Act 
(Public Law 534). 
SEC. 623. Funds provided by this Act may be used for translation 
of publications of the Department of Agriculture into foreign Ian-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-356 
guages when determined by the Secretary to be in the pubhc 
interest. 
SEC. 624. None of the funds appropriated by this or any other Act 
may be used to relocate the Hawaii State Office of the Farmers 
Home Administration from Hilo, Hawaii, to Honolulu, Hawaii. 
SEC. 625. Provisions of law prohibiting or restricting personal Contracts. 
services contracts shall not apply to veterinarians employed by the 
Department to take animal blood samples, test and vaccinate ani-
mals, and perform branding and tagging activities on a fee-for-
service basis. 
SEC. 626. None of the funds provided in this Act may be used to 
reduce programs by establishing an end-of-year employment ceiling 
on full-time equivalent staff years below the level set herein for the 
following agencies: Farmers Home Administration, 12,675; Agricul-
tural Stabilization and Conservation Service, 2,550; Rural Elec-
trification Administration, 550; and Soil Conservation Service, 
14,177. 
SEC. 627. Funds provided in this Act may be used for one-year Contracts. 
contracts which are to be performed in two fiscal years so long as 
the total amount for such contracts is obligated in the year for 
which the funds are appropriated. 
SEC. 628. Funds appropriated by this Act shall be applied only to 
the objects for which appropriations were made except as otherwise 
provided by law, as required by 31 U.S.C. 1301. 
SEC. 629. 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. 630. None of the funds provided in this Act may be expended 
to release information acquired from any handler under the Agricul-
tural Marketing Agreement Act of 1937, as amended: Provided, That 
this provision shall not prohibit the release of information to other 
Federal agencies for enforcement purposes: Provided further, That 
this provision shall not prohibit the release of aggregate statistical 
data used in formulating regulations pursuant to the Agricultural 
Marketing Agreement Act of 1937, as amended: Provided 
further, 
That this provision shall not prohibit the release of information 
submitted by milk handlers. 
SEC. 631. Unless otherwise provided in this Act, none of the funds 
appropriated or otherwise made available in this Act may be used 
by the Farmers Home Administration to employ or otherwise con-
tract with private debt collection agencies to collect delinquent 
payments from Farmers Home Administration borrowers. 
SEC. 632. During fiscal year 1988 and each succeeding fiscal year, 
the Secretary of Agriculture shall permit each district office of the 
Farmers Home Administration to exempt any existing dwelling 
from any limitation established by the Secretary on the number of 
square feet of living area that may be contained in a dwelling to be 
eligible for a loan under section 502 of the Housing Act of 1949, if 
the dwelling is modest in design, size, and cost for the area in which 
it is located. 
SEC. 633. Hereafter, notwithstanding section 306A (c), (d), and (e) v use 936a note. 
of the Rural Electrification Act of 1936, as sunended, a borrower of a 
loan made by the Federal Financing Bank and guaranteed under 
section 306 of such Act (7 U.S.C. 936) may, at the option of the 
borrower, prepay such loan (or any loan advance thereunder) in 
Loans. 
42 use 1479 
note. 
101 STAT. 1329-357 
PUBLIC LAW 100-202—DEC. 22, 1987 
accordance with section 306A (a) and (b) of such Act: Provided, That 
any prepayment in excess of $2,500,000,000 shall be subject to the 
approval of the Secretary of the Treasury. 
SEC. 634. None of the funds appropriated in this Act or any other 
Act shall be used to alter the method of computing normalized 
r > prices for agricultural commodities for use by any Federal agency in 
evaluating water resources development projects to be undertaken 
in whole or in part with Federal funds that was in effect as of 
January 1,1986. 
SEC. 635. None of the funds in this Act, or otherwise made 
available by this Act, shall be used to sell loans made by the 
Agricultural Credit Insurance Fund. 
SEC. 636. (a) Section 1323(aXl) of the Food Security Act of 1985 is 
7 use 1932 note, amended by striking out "For the fiscal year ending September 30, 
1987" and inserting in lieu thereof "Prior to September 30, 1988".2o 
0)) Section 1323(aX5) of such Act is amended by striking out 
"September 30, 1987" and inserting in lieu thereof "September 30, 
.. .'I -
5 
1988".2i 
(c) Section 13230t)Xl) of such Act is amended by striking out "For 
the fiscal year ending September 30, 1987" and inserting in lieu 
thereof "Prior to September 30,1988". 
SEC. 637. $10,000,000 of section 32 funds shall be used to purchase 
sunflower oil, such purchases to facilitate additional sales of sun-
flower oil in World Markets at competitive prices, so as to compete 
with other countries in fiscal years 1988 and 1989. 
SEC. 638. Section 201(dX2) of the Agricultural Act of 1949 (7 U.S.C. 
1446(dX2)) is amended— 
(1) in subparagraph (A) by striking out "During the period 
beginning on April 1, 1986, and ending on September 30, 1987," 
and inserting in lieu thereof "Beginning after March 31, 1986,"; 
(2) in subparagraph (B) by striking out "subparagraph (E)" 
and inserting in lieu thereof "subparagraphs (E) and (F)"; and 
(3) by adding at the end thereof the following new subpara-
graph: 
. 
, 
"(FXi) The Secretary— 
"(I) notwithstanding the Balanced Budget and Emer-
gency Deficit Control Act of 1985 and any order issued by 
• 
the President under section 252 of such Act for a fiscal year; 
and 
"(II) in lieu of making any reduction in pa5rments for the 
' 
purchase of milk or the products of milk under this subsec-
tion during such fiscal year under any such order; 
shall provide for the reduction (measured in cents per hundred-
weight of milk marketed) under subparagraph (A) during the 
- • 
period beginning on October 1 and ending on September 30 of 
such fiscal year as the sole means of achieving any reduction in 
budget outlays under the milk price-support program that 
otherwise would be required under either such order and only 
for the purpose of substituting for any reduction in pajrments 
made by the Secretary for the purchase of milk or the products 
of milk under either such order. 
"(ii) The aggregate amount of any reduction under subpara-
•'•''• •••^'' •• 
graph (A) resulting from the operation of clause (i) may not 
exceed the aggregate amount of the reduction in budget outlays 
20 Copy read "1988', and". 
2> Copy read "1988'and". 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-358 
under the milk price-support program, as estimated by the 
Secretary, that otherwise would have been achieved under 
either such order by reducing payments made by the Secretary 
for the purchase of milk or the products of milk under this 
subsection during such fiscal year.' . 
SEC. 639. Section 1581(b) of the Food Security Act of 1985 (Public 
Law 99-198) is amended by striking out "June 30, 1987," and 99 Stat. 1594. 
inserting in lieu thereof "June 30, 1988,". 
This Act may be cited as the "Rural Development, Agriculture, 
and Related Agencies Appropriations Act, 1988". 
(1) Such amounts as may be necessary for programs, projects, or 
activities provided for in the Department of Transportation and 
Related Agencies Appropriations Act, 1988, at a rate of operations 
and to the extent and in the manner provided for, the provisions of 
such Act to be effective as if it had been enacted into law as the 
regular appropriations Act, as follows: 
AN ACT 
Making appropriations for the Department of Transportation and related agencies 
for the fiscal year ending September 30, 1988, and for other purposes. 
TITLE I—DEPARTMENT OF TRANSPORTATION 
Department of 
Transportation 
and Related 
Agencies 
Appropriations 
Act, 1988. 
OFFICE OF THE SECRETARY 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Office of the Secretary of Transpor-
tation, including not to exceed $30,000 for allocation within the 
Department of official reception and representation expenses as the 
Secretary may determine; $1,050,000 for the Immediate Office of the 
Secretary; $451,000 for the Immediate Office of the Deputy Sec-
retary; $5,785,000 for the Office of the General Counsel; $7,796,000 
for the Office of the Assistant Secretary for Policy and International 
Affairs; $2,105,000 for the Office of the Assistant Secretary for 
Budget and Programs; $2,367,000 for the Office of the Assistant 
Secretary 
for 
Governmental 
Affairs; 
$22,099,000, 
of 
which 
$15,360,000 shall be derived from unobligated balances of "Pay-
ments to air carriers", for the Office of the Assistant Secretary for 
Administration; $1,459,000 for the Office of the Assistant Secretary 
for Public Affairs; $798,000 for the Executive Secretariat; $430,000 
for the Contract Appeals Board; $1,244,000 for the Office of (Jivil 
Rights; $384,000 for the Office of Commercial Space Transportation; 
$1,700,000 for the Office of Essential Air Service; $642,000 for Re-
gional Representatives; and $3,042,000 for the Office of Small and 
Disadvantaged Business Utilization, of which $2,229,000 shall 
remain available for the purposes of the Minority Business Resource 
Center as authorized by 49 U.S.C. 332: Provided, That, notwithstand-
ing any other provision of law, funds available for the purposes of 
the Minority Business Resource Center in this or any other Act may 
be used for business opportunities related to any mode of transpor-
tation: Provided further. That 5 per centum of each sum provided 
under this head for the Immediate Office of the Secretary, the 
Immediate Office of the Deputy Secretary, and the Office of the 
101 STAT. 1329-359 
PUBLIC LAW 100-202—DEC. 22, 1987 
Greneral Counsel shall not be available for obligation until on or 
after the date that final rules are issued by the Department of 
Transportation that: (1) expand existing requirements for installa-
tion and carriage of cockpit voice recorders and flight data recorders 
to smaller sizes of commuter air carrier aircraft and to require 
cockpit voice recorder and flight data recorder retrofits on certain 
; < 
.-. 
types of existing commuter air carrier aircraft to be determined by 
the Federal Aviation Administration; and (2) require installation 
^ 
and carriage of operating altitude-encoding radar transponders for 
all aircraft operating in terminal airspace where air traffic control 
service is provided and in all controlled airspace above a minimum 
altitude to be determined by the Federal Aviation Administration. 
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT 
(TRANSFERS OF FUNDS) 
For necessary expenses for conducting transportation planning, 
research, and development activities, including the collection of 
national transportation statistics, and university research and 
internships, to remain available until expended, $4,987,000 of which 
«^t' ' 
$4,750,000, shall be derived from "Pa)mients to air carriers" and 
$237,000 shall be derived from "Expressway gap closing demonstra-
tion project". 
. WORKING CAPITAL FUND 
.J^ 
Necessary expenses for operating costs and capital outlays of the 
Department of Transportation Working Capital Fund not to exceed 
$127,801,000 shall be paid, in accordance with law, from appropria-
tions made available by this Act and prior appropriation Acts to the 
Department of Transportation, together with advances and re-
imbursements received by the Department of Transportation; for 
necessary expenses associated with the development of the Depart-
ment-wide Accounting and Information System, $1,601,000, to 
remain available until expended; and for the Department of 
Transportation office space reduction initiative, $204,000. 
PAYMENTS TO AIR CARRIERS 
For pa3mients to air carriers of so much of the compensation fixed 
and determined under section 419 of the Federal Aviation Act of 
1958, as amended (49 U.S.C. 1389), as is payable by the Department 
of Transportation, $28,500,000, to remain available until expended. 
COAST GUARD 
OPERATING EXPENSES 
For necessary expenses for the operation and maintenance of the 
Coast Guard, not otherwise provided for; purchase of not to exceed 
eight passenger motor vehicles for replacement only; and recreation 
and welfare, $1,789,106,000, of which $21,600,000 shall be expended 
from the Boat Safety Account: Provided, That, of the funds available 
under this head, not less than $429,120,000 shall be available for 
14 use 92 note, 
drug enforcement activities: Provided further, That the number of 
aircraft on hand at any one time shall not exceed two hundred and 
fourteen, exclusive of planes and parts stored to meet future attri-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-360 
tion: Provided further, That none of the funds appropriated in this 
or any other Act shall be available for pay or administrative ex-
penses 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. 
t.; 
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses of acquisition, construction, rebuilding, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto, to remain available 
until September 30,1992, $247,000,000: Provided, That the Secretary 
10 USC 2304 
of Transportation shall issue regulations requiring that written note 
warranties shall be included in all contracts with prime contractors contracts"^^ 
for major systems acquisitions of the Coast Guard: Provided further, 
That any such written warranty shall not apply in the case of any 
system or component thereof that has been furnished by the Govern-
ment to a contractor: Provided further, 
That the Secretary of 
Transportation may provide for a waiver of the requirements for a 
warranty where: (1) the waiver is necessary in the interest of the 
national defense or the warranty would not be cost effective; and (2) 
the Committees on Appropriations of the Senate and the House of 
Representatives, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Merchant 
Marine and Fisheries of the House of Representatives are notified in 
writing of the Secretary's intention to waive and resisons for waiving 
such requirements: Provided further, That the requirements for 
such written warranties shall not cover combat damage. 
ALTERATION OF BRIDGES 
For necessary expenses for alteration or removal of obstructive 
bridges, $940,000, to remain available until expended. 
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 Medi-
cal Care Act (10 U.S.C, ch. 55), $386,700,000. 
RESERVE TRAINING 
For all necessary expenses for the Coast Guard Reserve, as 
authorized by law; maintenance and operation of facilities; and 
supplies, equipment, and services, $62,880,000. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
For necessary expenses, not otherwise provided for, for basic and 
applied scientific research, development, test, and evaluation; 
maintenance, rehabilitation, lease and operation of facilities and 
equipment, as authorized by law, $19,000,000, to remain available 
until expended: Provided, That there may be credited to this appro-
101 STAT. 1329-361 
PUBLIC LAW 100-202—DEC. 22, 1987 
priation funds received from State and local governments, other 
public authorities, private sources and foreign countries, for ex-
penses incurred for research, development, testing, and evaluation. 
OFFSHORE OIL POLX,UTION COMPENSATION F U N D 
The Secretary of Transportation is authorized to issue to the 
Secretary of the Treasury notes or other obligations in such 
amounts and at such times as may be necessary to the extent that 
appropriations are not adequate to meet the obligations of the Fund: 
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 $57,000,000 in fiscal year 1988 for the "Off-
shore Oil Pollution Compensation Fund". 
DEEPWATER PORT LIABIUTY F U N D 
33 use 1517a. 
The Secretary of Transportation is authorized to issue, and the 
Secretary of the Treasury is authorized to purchase, without fiscal 
year limitation, notes or other obligations in such amounts and at 
such times as may be necessary to the extent that available appro-
priations are not adequate to meet the obligations of the Fund: 
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 $47,500,000 in fiscal year 1988 for the "Deep-
water Port Liability Fund". 
BOAT SAFETY 
•" 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
For payment of obligations incurred for recreational boating 
safety Eissistance under Public Law 92-75, as amended, $22,500,000, 
to be derived from the Boat Safety Account 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 $21,375,000 in fiscal year 1988 for rec-
reational boating safety assistance. 
FEDERAL AVIATION ADMINISTRATION 
s. , 
HEADQUARTERS ADMINISTRATION 
For necessary expenses, not otherwise provided for, of providing 
administrative services at the headquarters location of the Federal 
Aviation Administration, including but not limited to accounting, 
budgeting, legal, public affairs, and executive direction services for 
the Federal Aviation Administration, $35,520,000. 
OPERATIONS 
*' 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Federal Aviation Administration, 
not otherwise provided for, including administrative expenses for 
research and development, and for establishment of air navigation 
facilities, and carrying out the provisions of the Airport and Airway 
Development Act, as amended, or other provisions of law authoriz-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-362 
ing the obligation of funds for similar programs of airport and 
airway development or improvement, purchase of four passenger 
motor vehicles for replacement only, $3,148,520,000, of which not to 
exceed $825,955,000 shall be derived from the Airport and Airway 
Trust Fund: Provided, That there may be credited to this appropria-
tion funds received from States, counties, municipalities, other 
public authorities, and private sources, for expenses incurred in the 
maintenance and operation of air navigation facilities: Provided 
further, That none of these funds shall be available for new ap-
plicants for the second career training program or for a pilot test of 
contractor maintenance: Provided further. That the immediately 
preceding proviso shall not prohibit the augmentation of the 
existing field maintenance work force if it is determined to be 
essential for the safe operation of the air traffic control system: 
Provided further, That section 5532(fK2) of title V, United States 
Code, is amended by striking "December 31, 1987" and inserting 
"December 31, 1988' in lieu thereof: Provided further. That section 
8344(h) of title V, United States Code, is amended by striking "April 
1, 1986" in paragraph (2) and inserting "December 31, 1986" in lieu 
thereof: Provided further, That in the event that the Federal Avia-
tion Administrator employs annuitants subject to section 8344(h) of 
title V, United States Code, not to exceed $9,700,000, to be derived 
from the unobligated balance of any appropriation available for 
obligation by the Federal Aviation Administration £is of the effective 
date of this Act, shall be available through December 31, 1988, for 
/ 
the purpose of funding such employment: Provided further. That 
Reports. 
any such funding shall be reported to the Committees on Appropria-
tions of the Senate and the House of Representatives. 
FACIUTIES AND EQUIPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, for acquisi-
tion, establishment, and improvement by contract or purchgise, and 
hire of air navigation and experimental facilities, including initial 
acquisition of necessary sites by lease or grant; engineering and 
service testing including construction of test facilities and acquisi-
tion of necessary sites by lease or grant; construction and furnishing 
of quarters and related accommodations of officers and employees of 
the Federal Aviation Administration stationed at remote localities 
where such accommodations are not available; and the lease or 
purchase of one aircraft; to be derived from the Airport and Airway 
Trust Fund and to remain available until September 30, 1992, 
$1,108,056,000: Provided, That there may be credited to this appro-
priation funds received from States, counties, municipalities, other 
public authorities, and private sources, for expenses incurred in the 
establishment and modernization of air navigation facilities: Pro-
vided further. 
That of the funds available under this head, 
$5,225,000 shall be available for the Secretary of Transportation to 
enter into grant agreements with universities or colleges having an 
airway science curriculum recognized by the Federal Aviation 
Administration, to conduct demonstration projects in the develop-
ment, advancement, or expansion of airway science curriculum 
programs, and such funds, which shall remain available until ex-
pended, shall be made available under such terms and conditions as 
the Secretary of Transportation may prescribe, to such universities 
91-194 O - 90 - 23 : QL.3 Part 2 
101 STAT. 1329-363 
PUBLIC LAW 100-202—DEC. 22, 1987 
or colleges for the purchase or lease of buildings and associated 
facilities, instructional materials, or equipment to be used in 
conjunction with airway science curriculum programs, but, notwith-
standing any other provision of law, beginning in fiscal year 1989 
and thereafter, in no event shall the total Federal share provided for 
any airway science construction project exceed 50 percent of the 
total cost of such project. 
RESEARCH, ENGINEERING, AND DEVELOPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, for research, 
engineering, and development, in accordance with the provisions of 
the Federal Aviation Act (49 U.S.C. 1801-1542), including construc-
tion of experimental facilities and acquisition of necessary sites by 
lease or grant, $153,425,000, to be derived from the Airport and 
Airway Trust Fund and to remain available until expended: Pro-
vided, That there may be credited to this appropriation funds 
received from States, counties, municipalities, other public authori-
ties, and private sources, for expenses incurred for research, 
engineering, and development. 
:-f.>a 
GRANTS-IN-AID FOR AIRPORTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(AIRPORT AND AIRWAY TRUST FUND) 
For liquidation of obligations incurred for airport planning and 
development under section 14 of Public Law 91-258, as amended, 
and under other law authorizing such obligations, and obligations 
for noise compatibility planning and programs, $1,063,000,000, 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 
commitments for which are in excess of $1,268,725,000 in fiscal year 
1988 for grants-in-aid for airport planning and development, and 
noise compatibility planning and programs, notwithstanding section 
506(eX4) of the Airport and Airway Improvement Act of 1982. 
AVIATION INSURANCE REVOLVING FUND 
The Secretary of Transportation is hereby authorized to make 
such expenditures and investments, within the limits of funds avail-
able pursuant to section 1306 of the Act of August 23, 1958, as 
amended (49 U.S.C. 1536), and in accordance with section 104 of the 
Government (Corporation Control Act, as amended (31 U.S.C. 9104), 
as may be necessary in cariying out the program set forth in the 
budget for the current fiscal year for aviation insurance activities 
under said Act. 
AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM 
49 use app. 1324 
The Secretary of Transportation may hereafter issue notes or 
note. 
other obligations to the Secretary of the Treasury, in such forms and 
denominations, bearing such maturities, and subject to such terms 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-364 
and conditions as the Secretary of the Treasury may prescribe. Such 
obligations may be issued to pay any necessary expenses required 
pursuant to any guarantee issued under the Act of September 7, 
1957, Public Law 85-307, as amended (49 U.S.C. 1324 note). None of 
the funds in this Act shall be available for the implementation or 
execution of programs under this head, the obligations for which are 
in excess of $57,000,000 during fiscal year 1988. Such obligations 
shall be redeemed by the Secretary from appropriations authorized 
by this section. The Secretary of the Treasury shall purchase any 
such obligations, and for such purpose he may use as a public debt 
transaction the proceeds from the sale of any securities issued under 
the Second Liberty Bond Act, as now or hereafter in force. The 
purposes for which securities may be issued under such Act are 
extended to include any purchase of notes or other obligations 
issued under the subsection. The Secretary of the Treasury may sell 
any such obligations at such times and price and upon such terms 
and conditions as he shall determine in his discretion. All purchases, 
redemptions, and sales of such obligations by such Secretary shall be 
treated as public debt transactions of the United States. 
FEDERAL HIGHWAY ADMINISTRATION 
LIMITATION ON GENERAL OPERATING EXPENSES 
Necessary expenses for administration, operation, and research of 
the Federal Highway Administration, not to exceed $206,736,000, 
shall be paid, in accordance with law, from appropriations made 
available by this Act to the Federal Highway Administration to-
gether with advances and reimbursements received by the Federal 
Highway Administration: Provided, That not to exceed $37,566,000 
of the amount provided herein shall remain available until ex-
pended: Provided further. That, notwithstanding any other provision 
of law, there may be credited to this account funds received from 
States, counties, municipalities, other public authorities and private 
sources, for training expenses incurred for non-Federal employees. 
HIGHWAY SAFETY RESEARCH AND DEVELOPMENT 
(HIGHWAY TRUST FUND) 
For necessary expenses in carrying out provisions of sections 
307(a) and 403 of title 23, United States Code, to be derived from the 
Highway Trust Fund and to remain available until expended, 
$6,650,000. 
HIGHWAY-RELATED SAFETY GRANTS 
(LIQUIDATION OF (DONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out the provisions 
of title 23, United States Code, section 402, administered by the 
Federal Highway Administration, to remain available until ex-
pended, $9,900,000, to be derived from the Highway Trust Fund: 
Provided, That not to exceed $100,000 of the amount appropriated 
herein shall be available for "Limitation on general operating ex-
penses": Provided further, That none of the funds in this Act shall 
101 STAT. 1329-365 
PUBLIC LAW 100-202—DEC. 22, 1987 
be available for the planning or execution of programs the obliga-
tions for which are in excess of $9,405,000 in fiscal year 1988 for 
"Highway-related safety grants". 
RAILROAD-HIGHWAY CROSSINGS DEMONSTRATION PROJECTS 
For necessary expenses of certain railroad-highway crossings dem-
onstration projects as authorized by section 163 of the Federal-Aid 
Highway Act of 1973, as amended, to remain available until ex-
pended, $7,790,000, of which $5,193,333 shall be derived from the 
Highway Trust Fund. 
FEDERAL-AID HIGHWAYS 
(LIMITATION ON OBUGATIONS) 
(HIGHWAY TRUST FUND) 
23 use 104 note. 
None of the funds in this Act shall be available for the im-
plementation or execution of programs the obligations for which are 
in excess of $11,780,000,000 for Federal-aid highways and highway 
safety construction programs for fiscal year 1988. 
FEDERAL-AID HIGHWAYS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For carrying out the provisions of title 23, United States Code, 
that are attributable to Federal-aid highways, including the Na-
tional Scenic and Recreational Highway £is authorized by 23 U.S.C. 
148, not otherwise provided, including reimbursements for sums 
expended 
pursuant 
to 
the 
provisions 
of 
23 
U.S.C. 
308, 
$13,400,000,000 or so much thereof as may be available in and 
derived from the Highway Trust Fund, to remain available until 
expended. 
RIGHT-OF-WAY REVOLVING FUND 
(LIMITATION ON DIRECT LOANS) 
(HIGHWAY TRUST FUND) 
During fiscal year 1988 and with the resources and authority 
available, gross obligations for the principal amount of direct loans 
shall not exceed $45,457,000. 
MOTOR CARRIER SAFETY 
For necessary expenses to carry out the motor earner safety 
functions of the Secretary as authorized by the Department of 
Transportation Act (80 Stat. 939-940), $22,790,000, of which 
$1,920,000 shall remain available until expended, and not to exceed 
$300,000 shall be available for "Limitation on general operating 
expenses". 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-366 
MOTOR CARRIER SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out the provisions 
of section 402 of Public Law 97-424, $50,000,000, 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 $46,992,000 for "Motor carrier safety grants". 
ACCESS HIGHWAYS TO PUBUC RECREATION AREAS ON CERTAIN LAKES 
Notwithstanding any other provision of law, there is appropriated 
$1,786,000 for necessary expenses of certain access highway projects, 
as authorized by section 155, title 23, United States Code, to remain 
available until expended. 
BALTIMORE-WASHINGTON PARKWAY 
(HIGHWAY TRUST FUND) 
For necessary expenses, not otherwise provided, to carry out the 
provisions of the Federal-Aid Highway Act of 1970, for the Balti-
more-Washington Parkway, to remain available until expended, 
$14,250,000, to be derived from the Highway Trust Fund and to be 
withdrawn therefrom at such times and in such amounts as may be 
necessary. 
WASTE ISOLATION PILOT PROJECT ROADS 
For necessary expenses in connection with the upgrading of cer-
tain highways for the transportation of nuclear waste generated 
during defense-related 
activities, not otherwise provided 
for, 
$15,504,000, to remain available until expended. 
EXPRESSWAY GAP CLOSING DEMONSTRATION PROJECT 
For necessary expenses to carry out a highway construction 
project along State Route 113 in north-central California that dem-
onstrates methods of reducing motor vehicle congestion and increas-
ing employment, $7,885,000, to remain available until expended. 
INTERMODAL URBAN DEMONSTRATION PROJECT 
(HIGHWAY TRUST FUND) 
For necessary expenses to carry out the provisions of section 124 
of the Federal-Aid Highway Amendments of 1974, $9,500,000, to be 
derived from the Highway Trust Fund and to remain available until 
expended. 
101 STAT. 1329-367 
PUBLIC LAW 100-202—DEC. 22, 1987 
HIGHWAY SAFETY AND ECONOMIC DEVELOPMENT DEMONSTRATION 
PROJECTS 
(HIGHWAY TRUST FUND) 
For necessary expenses to carry out construction projects as au-
thorized by Public Law 99-500 and Public Law 99-591, $9,500,000, to 
be derived from the Highway Trust Fund and to remain available 
until expended: Provided, That, notwithstanding any other provi-
sion of law, funds appropriated for this project shall not be included 
in any calculations made under section 157 of title 23, United States 
Code, for fiscal year 1988 and each fiscal year thereafter. 
HIGHWAY SAFETY IMPROVEMENT DEMONSTRATION PROJECT 
(HIGHWAY TRUST FUND) 
For the purpose of carrying out a coordinated project of highway 
improvements in the vicinity of Pontiac and East Lansing, Michi-
gan, that demonstrates methods of enhancing safety and promoting 
economic development through widening and resurfacing of high-
ways on the Federal-aid primary system and on roads on the 
Federal-aid urban system, as authorized by Public Law 99-500 and 
Public Law 99-591, $1,900,000, to be derived from the Highway 
Trust Fund and to remain available until expended. 
HIGHWAY-RAILROAD GRADE CROSSING SAFETY DEMONSTRATION 
PROJECT 
(HIGHWAY TRUST FUND) 
For the purpose of carrying out a coordinated project of highway-
railroad grade crossing separations in Mineola, New York, that 
demonstrates methods of enhancing highway-railroad grade cross-
ing safety while minimizing surrounding environmental effects, as 
authorized by Public Law 99-500 and Public Law 99-591, $9,500,000, 
to be derived from the Highway Trust Fund and to remain available 
until expended. 
BRIDGE IMPROVEMENT DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out a highway 
project in the vicinity of Jacksonville, Florida, for the purpose of 
demonstrating methods of reducing traffic congestion and improving 
efficiency in the trans-shipment of military and civilian cargo, by 
construction of a bridge to Blount Island, widening State Highway 
105 (Heckscher Drive) and constructing an interchange at the inter-
section of Heckscher Drive and the new Blount Island Bridge, 
$4,750,000, to remain available until expended. 
VEHICULAR AND PEDESTRIAN SAFETY DEMONSTRATION PROJECT 
(HIGHWAY TRUST FUND) 
For the purpose of carrjdng out a demonstration of methods of 
improving vehicular and pedestrian safety on roads on the Federal-
aid urban and Federal-aid secondary systems, involving Route 66 in 
Northampton and Huntington, Massachusetts, $6,650,000, to be de-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-368 
rived from the Highway Trust Fund and to remain available until 
expended: Provided, That all funds appropriated under this head 
shall be exempt from any limitation on obligations for Federal-aid 
highways and highway safety construction programs. 
HIGHWAY BRIDGE RELOCATION DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out a highway 
project involving the relocation of U.S. Highway 101 and the Queete 
River Bridge in the State of Washington that demonstrates methods 
of improving highway safety, $2,470,000, to remain available until 
expended. 
HIGHWAY BYPASS DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out a highway 
project in the vicinity of Prunedale, California, that demonstrates 
methods of accelerating the environmental studies and preliminary 
engineering for the construction of a highway bypass, $1,900,000, to 
remain available until expended. 
HIGHWAY WIDENING AND IMPROVEMENT DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out a highway 
project between Paintsville and Prestonsburg, Kentucky, that dem-
onstrates the safety and economic benefits of widening and improv-
ing highways in mountainous areas, $2,375,000, to remain available 
until expended. 
CORRIDOR SAFETY IMPROVEMENT PROJECT 
(HIGHWAY TRUST FUND) 
For the purpose of carr3dng out a demonstration of methods of 
improving vehicular and pedestrian safety on roads on the Federal-
aid primary and Federal-aid secondary systems, involving Route 1 in 
New Jersey, there is hereby authorized to be appropriated 
$50,000,000, to be derived from the Highway Trust Fund and to 
remain available until expended, of which $4,702,000 is hereby 
appropriated and to remain available until expended: Provided, 
That all funds appropriated under this head shall be exempted from 
any limitation on obligations for Federal-aid highways suid highway 
safety construction programs. 
BRIDGE CAPACITY IMPROVEMENTS 
(HIGHWAY TRUST FUND) 
For the purpose of carrjdng out the Nashua River Bridge and 
Broad Street Parkway project in Nashua, New Hampshire, that 
crosses the Nashua River, there is hereby authorized to be appro-
priated $8,000,000, to be derived from the Highway Trust Fund and 
to remain available until expended, of which $237,000 is hereby 
appropriated, to remain available until expended. All funds appro-
priated under this head shall be exempted from any limitation on 
obligations for Federal-aid highways and highway safety construc-
tion programs. 
101 STAT. 1329-369 
PUBLIC LAW 100-202—DEC. 22, 1987 
TRAFFIC IMPROVEMENT DEMONSTRATION PROJECT 
For 80 percent of the expenses necessary to carry out a highway 
bypass project in the vicinity of Petoskey, Michigan, that dem-
onstrates methods of improving economic development and regional 
transportation, there is authorized to be appropriated $28,000,000, to 
remain available until expended, of which $475,000 is hereby appro-
priated, to remain available until expended: Provided, That all 
funds appropriated under this head shall be exempt from any 
limitation on obligations for Federal-aid highways and highway 
safety construction programs. 
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
OPERATIONS AND RESEARCH 
For expenses necessary to discharge the functions of the Secretary 
with respect to traffic and highway safety under the Motor Vehicle 
Information and Cost Savings Act (Public Law 92-513, as amended), 
and the National Traffic and Motor Vehicle Safety Act, $62,534,000, 
of which $29,331,000 shall remain available until expended: Pro-
vided, That, of the funds available under this head, $6,480,000 shall 
be available to implement the recommendations of the 1985 Na-
tional Academy of Sciences report on trauma research. 
OPERATIONS AND RESEARCH 
(HIGHWAY TRUST FUND) 
For expenses necessary to discharge the functions of the Secretary 
with respect to traffic and highway safety under chapter 4, title 23, 
United States Code, to be derived from the Highway Trust Fund, 
$30,346,000, to remain available until expended: Provided, That, of 
the funds available under this head, $1,680,000 shall be available for 
light truck and van safety research and analysis. 
HIGHWAY TRAFFIC SAFETY GRANTS 
(LIQUIDATION OF (DONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred carrying out the provisions of 
23 U.S.C. 402, 406, and 408, and section 209 of Public Law 95-599, as 
amended, to remain available until expended, $135,000,000, 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 are in excess of 
$114,950,000 in ^ c a l year 1988 for "State and community highway 
safety grants" authorized under 23 U.S.C. 402: Provided 
further. 
That none of these funds shall be used for construction, rehabilita-
tion or remodeling costs, or for office furnishings and fixtures for 
State, local, or private buildings or structures: Provided 
further. 
That none of the funds in this Act shall be available for the 
planning or execution of programs the total obligations for which 
are in excess of $13,533,000 for "Alcohol safety incentive grants" 
authorized under 23 U.S.C. 408: Provided further, That not to exceed 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-370 
$4,656,000 shall be available for administering the provisions of 23 
U.S.C. 402: Provided further. That notwithstanding any other provi-
sion of law, none of the funds in this Act shall be available for the 
planning or execution of programs authorized under section 209 of 
Public Law 95-599, as amended, the total obligations for which are 
in excess of $4,750,000 in fiscal years 1982, 1983, 1984, 1985, 1986, 
1987, and 1988. 
FEDERAL RAILROAD ADMINISTRATION 
OFFICE OF THE ADMINISTRATOR 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Federal Railroad Administration, 
not otherwise provided for, $22,877,000, together with $1,900,000 to 
be derived from unobligated balances of "Airport access demonstra-
tion project", of which $15,024,000 shall remain available until 
expended; and in addition, all unexpended balances in "Rail service 
assistance" after September 30, 1987, shall be transferred to this 
account, to remain available until expended: Provided, That none of 
the funds in this Act shall be available for the planning or execution 
of a program making commitments to guarantee new loans under 
the Emergency Rail Services Act of 1970, as amended, and that no 
new commitments to guarantee loans under section 211(a) or 211(h) 
of the Regional Rail Reorganization Act of 1973, as amended, shall 
be made: Provided further. That none of the funds in this Act shall 
be available for the acquisition, sale, or transference of Washington 
Union Station without the prior approval of the Committees on 
Appropriations of the Senate and the House of Representatives: 
Provided further, That, notwithstanding any other provision of law, 
of the funds available under this head, $9,600,000 shall be available 
for necessary expenses for rail assistance authorized by section 5(q) 
of the Department of Transportation Act, as amended, to remain 
available until expended: Provided further, That $7,200,000 of the 
fiscal year 1988 funds made available under section 5(h) shall be 
made available for use directly under sections 5(hX3XBXii) and 
5(hX3)(C) of the Department of Transportation Act, as amended, 
notwithstanding any provisions therein to the contrary: Provided 
further, That each State shall be entitled to, and no more than, 
$48,000 under the combined provisions of section 5(hX2) and section 
5(i), notwithstanding any provisions therein to the contrary: Pro-
vided further, That no State may apply for fiscal year 1988 funds 
available under section 5(hX2) until such State has obligated all 
funds granted to it under section 5(hX2) in the fiscal years prior to 
the beginning of fiscal year 1983, other than funds not expended due 
to pending litigation: Provided further. That a State denied funding 
by reason of the preceding proviso may still apply for and receive 
funds for planning purposes. 
RAILROAD SAFETY 
For necessary expenses in connection with railroad safety, not 
otherwise provided for, $27,968,000, of which $2,090,000 shall remain 
available until expended. 
101 STAT. 1329-371 
PUBLIC LAW 100-202—DEC. 22, 1987 
RAILROAD RESEARCH AND DEVELOPMENT 
For necessary expenses for railroad research and development, 
$9,286,000, to remain available until expended. 
NORTHEAST CORRIDOR IMPROVEMENT PROGRAM 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for improvements to the Communication 
and Signal Systems at locations between Wilmington, Delaware, and 
Boston, Massachusetts, on the Northeast Corridor main line and 
between Philadelphia, Pennsylvania, and Harrisburg, Pennsylvania, 
on the Harrisburg line; improvements to the Electric Traction 
System between Wilmington, Delaware, and Newark, New Jersey; 
installation of baggage rack restraints, seat back guards and seat 
lock devices on 348 passenger cars operating within the Northeast 
Corridor; installation of 44 event recorders and 10 electronic warn-
ing devices on locomotives operating within the Northeast Corridor; 
acquisition of cab signal test boxes and installation of 9 wayside loop 
code transmitters for use on the Northeast Corridor; North Philadel-
phia Station platform refurbishments, building renovations, and site 
improvements; and necessary mechanical, electrical, and structural 
repair work on the North Tunnel; $26,600,000, together with 
$950,000 to be derived from unobligated balances of "Airport access 
demonstration project", to remain available until expended. 
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION 
To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation for operating losses in-
curred by the Corporation, capital improvements, and labor protec-
tion costs authorized by 45 U.S.C. 565, to remain available until 
expended, $580,800,000: Provided, That none of the funds herein 
appropriated shall be used for lease or purchase of passenger motor 
vehicles or for the hire of vehicle operators for any officer or 
employee, other than the president of the Corporation, excluding 
the lease of passenger motor vehicles for those officers or employees 
while in official travel status: Provided further. That the Secretary 
shall make no commitments to guarantee new loans or loans for 
new purposes under 45 U.S.C. 602 in fiscal year 1988: Provided 
further. That the incurring of any obligation or commitment by the 
Corporation for the purchase of capital improvements prohibited by 
this Act or not expressly provided for in an appropriation Act shall 
be deemed a violation of 31 U.S.C. 1341: Provided further. That no 
funds are required to be expended or reserved for expenditure 
pursuant to 45 U.S.C. 601(e): Provided further. That none of the 
funds in this or any other Act shall be made available to finance the 
rehabilitation and other improvements (including upgrading track 
and the signal system, ensuring safety at public and private high-
way and pedestrian crossings by improving signals or eliminating 
such crossings, and the improvement of operational portions of 
stations related to intercity rail passenger service) on the main line 
track between Atlantic City, New Jersey, and the main line of the 
Northeast Corridor, unless the Secretary of Transportation certifies 
that not less than 40 per centum of the costs of such improvements 
shall be derived from non-Federal sources: Provided further. That, 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-372 
notwithstanding any other provision of law, the National Railroad 
Passenger Corporation shall not operate rail passenger service be-
tween Atlantic City, New Jersey, and the Northeast Corridor main 
line unless the Corporation's Board of Directors determines that 
revenues from such service have covered or exceeded 80 per centum 
of the short term avoidable costs of operating such service in the 
first year of operation and 100 per centum of the short term 
avoidable operating costs for each year thereafter: Provided further, 
That none of the funds provided in this or any other Act shall be 
made available to finance the acquisition and rehabilitation of a 
line, and construction necessary to facilitate improved rail pas-
senger service, between Spuyten Duyvil, New York, and the main 
line of the Northeast Corridor unless the Secretary of Transpor-
tation certifies that not less than 40 per centum of the costs of such 
improvements shall be derived from non-Amtrak sources. 
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING FUNDS 
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 no new loan guarantee commitments shall be made during 
fiscal year 1988: Provided further. That, notwithstanding any other 
provision of law, the Secretary of Transportation shall sell all 
securities or promissory notes held by the Department of Transpor-
tation under authority of sections 502, 505-507, 509, and 511-513 of 
the Railroad Revitalization and Regulatory Reform Act of 1976 
(Public Law 94-210), as amended: Provided further. That such secu-
rities or promissory notes authorized to be sold in the immediately 
preceding proviso shall be sold only for amounts greater than or 
equal to the net present value to the Government of each loan as 
determined by the Secretary of Transportation in consultation with 
the Secretary of the Treasury: Provided further. That the Secretary 
of Transportation shall transmit a written certification to the 
Committees on Appropriations of the Senate and House of Rep-
resentatives for approval before the consummation of each sale 
certifying that the amount to be realized is equal to or greater than 
the net present value to the Government of each loan: Provided 
further. That, notwithstanding any other provision of law, all 
amounts realized from the sale of notes or securities sold under 
authority of this section shall be considered as domestic discre-
tionary outlay offsets and not as "gisset sales" or "loan prepay-
ments" as defined by section 257(12) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended. 
SETTLEMENTS OF RAILROAD LITIGATION 
For the settlement of promissory notes pursuant to section 210(f) 
of the Regional Rail Reorganization Act of 1973 (Public Law 93-236), 
as amended, $38,950,246, to be derived from the proceeds of settle-
ments of railroad litigation, to remain available until expended. 
101 STAT. 1329-373 
PUBLIC LAW 100-202—DEC. 22, 1987 
URBAN MASS TRANSPORTATION ADMINISTRATION 
ADMINISTRATIVE EXPENSES 
For necessary administrative expenses of the urban mass 
transportation program authorized by the Urban Mass Transpor-
tation Act of 1964, as amended (49 U.S.C. 1601 et seq.), and 23 U.S.C. 
chapter 1, in connection with these activities, including hire of 
passenger motor vehicles and services as authorized by 5 U.S.C. 
3109, $31,882,000, of which not to exceed $600,000 shall be available 
for the Office of the Administrator. 
RESEARCH, TRAINING, AND HUMAN RESOURCES 
For necessary expenses for research, training, and human re-
sources as authorized by the Urban Mass Transportation Act of 
1964, as amended (49 U.S.C. 1601 et seq.), to remain available until 
expended, $12,217,000: 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 training. 
FORMULA GRANTS 
For necessary expenses to carry out the provisions of sections 9 
and 18 of the Urban Mass Transportation Act of 1964, as amended 
(49 U.S.C. 1601 et seq.), $1,731,703,000, together with $4,750,000 to 
carry out the provisions of section 18(h) of the Urban Mass 
Transportation Act, as amended, to remain available until ex-
pended: Provided, That notwithstanding any other provision of law, 
before apportionment of these funds, $12,350,000 shall be made 
available for the purposes of section 18 of the Urban Mass Transpor-
tation Act of 1964, as amended: Provided further, That, notwith-
standing any other provision of law, of the funds provided under this 
Act for formula grants, no more than $804,691,892 may be used for 
operating assistance under section 9(kX2) of the Urban Mass 
Transportation Act of 1964, as amended. 
DISCRETIONARY GRANTS 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
None of the funds in this Act shall be available for the im-
plementation or execution of programs in excess of $1,130,500,000, in 
fiscal year 1988 for grants under the contract authority authorized 
in section 21 (aX2) and (b) of the Urban Mass Transportation Act of 
1964, as amended (49 U.S.C. 1601 et seq.). 
MASS TRANSIT CAPITAL FUND 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For pajmient of obligations incurred in carrying out section 21 
(aX2) £m.d (b) of the Urban Mass Transportation Act of 1964, as 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-374 
amended (49 U.S.C. 1601 et seq.), administered by the Urban Mass 
Transportation Administration, $1,100,000,000, to be derived from 
the Highway Trust Fund and to remain available until expended. 
INTERSTATE TRANSFER GRANTS—TRANSIT 
For necessary expenses to carry out the provisions of 23 U.S.C. 
103(e)(4) related to transit projects, $123,500,000, to remain available 
until expended. 
WASHINGTON METRO 
For necessary expenses to carry out the provisions of section 14 of 
Public Law 96-184, $180,500,000, to remain 
available 
until 
expended. 
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION 
The Saint Lawrence Seaway Development Corporation is hereby Contracts. 
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 nec-
essary in carrying out the programs set forth in the Corporation's 
budget for the current fiscal year except as hereinafter provided in 
the "Limitation on administrative expenses". 
LIMITATION ON ADMINISTRATIVE EXPENSES 
Not to exceed $2,016,000 shall be available for administrative 
expenses, which shall be computed on an accrual basis, including 
not to exceed $3,000 for official entertainment expenses to be ex-
pended upon the approval or authority of the Secretary of Transpor-
tation: Provided, That Corporation funds shall be available for the 
hire of passenger motor vehicles and aircraft, operation and mainte-
nance of aircraft, uniforms or allowances therefor for operation and 
maintenance personnel, as authorized by law (5 U.S.C. 5901-5902), 
and $15,000 shall be available for services as authorized by 5 U.S.C, 
3109. 
OPERATIONS AND MAINTENANCE 
(HARBOR MAINTENANCE TRUST FUND) 
For necessary expenses for operation and maintenance of those 
portions of the Saint Lawrence Seaway operated and maintained by 
the Saint Lawrence Seaway Development Corporation, $10,806,000, 
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, and for expenses for conduct-
ing research and development, $12,832,000, of which $1,939,000 shall 
remain available until expended: Provided, That there may be 
101 STAT. 1329-375 
PUBLIC LAW 100-202—DEC. 22, 1987 
credited to this appropriation funds received from States, counties, 
municipalities, other public authorities, and private sources for 
expenses incurred for training. 
PIPELINE SAFETY 
(PIPELINE SAFETY FUND) 
For expenses necessary to conduct the functions of the pipeline 
safety program and for grants-in-aid to carry out a pipeline safety 
program, as authorized by section 5 of the Natural Gas Pipeline 
Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 
1979, $8,550,000, to be derived from the Pipeline Safety Fund, of 
which $4,892,000 shall remain available until expended. 
OFFICE OF THE INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$27,898,000. 
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 1978, as amended, $1,891,000. 
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-18; 
uniforms, or allowances therefor, as authorized by law (5 U.S.C. 
5901-5902), $24,000,000, of which not to exceed $500 may be used for 
official reception and representation expenses. 
INTERSTATE COMMERCE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Interstate Commerce Commission, 
including services as authorized by 5 U.S.C. 3109, and not to exceed 
$1,500 
for 
official 
reception 
and 
representation 
expenses, 
49 use I034u 
$44,294,000: Provided, That joint board members and cooperating 
^°^- 
State commissioners may use Government transportation requests 
when traveling in connection with their official duties as such. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-376 
PAYMENTS FOR DIRECTED RAIL SERVICE 
(LIMITATION ON OBLIGATIONS) 
None of the funds provided in this Act shall be available for the 
execution of programs the obligations for which can reasonably be 
expected to exceed $475,000 for directed rail service authorized 
under 49 U.S.C. 11125 or any other Act. 
PANAMA CANAL COMMISSION 
OPERATING EXPENSES 
For operating expenses necessary for the Panama Canal Commis-
sion, including hire of passenger motor vehicles and aircraft; 
uniforms or allowances therefor, as authorized by law (5 U.S.C. 
5901-5902); not to exceed $10,000 for official reception and represen-
tation expenses of the Board; operation of guide services; residence 
for the Administrator, disbursements by the Administrator for em-
ployee and community projects; not to exceed $4,000 for official 
reception and representation expenses of the Secretary; not to 
exceed $25,000 for official reception and representation expenses of 
the Administrator; and to employ services as authorized by law (5 
U.S.C. 8109); $407,088,000, to be derived from the Panama Canal 
Commission Fund: Provided, That there may be credited to this 
appropriation funds received from the Panama Canal Commission's 
capital outlay account for expenses incurred for supplies and serv-
ices provided for capital projects. 
CAPITAL OUTLAY 
For acquisition, construction, replacement, and improvement of 
facilities, structures, and equipment required by the Panama Canal 
Commission, including the purchase of not to exceed 42 passenger 
motor vehicles for replacement only (including large heavy-duty 
vehicles used to transport Commission personnel across the Isthmus 
of Panama, the purchase price of which shall not exceed $14,000 per 
vehicle); and to employ services authorized by law (5 U.S.C. 3109); 
$33,715,000, to be derived from the Panama Canal Commission Fund 
and to remain available until expended. 
DEPARTMENT 
OF 
THE 
TREASURY 
REBATE OF SAINT LAWRENCE SEAWAY TOLLS 
(HARBOR MAINTENANCE TRUST FUND) 
For rebate of the United States' portion of tolls paid for use of the 
St. Lawrence Seaway, pursuant to Public Law 99-662, $9,880,000, to 
remain available until expended and to be derived from the Harbor 
Maintenance Trust Fund, of which not to exceed $285,000 shall be 
available for expenses of administering the rebates. 
101 STAT. 1329-377 
PUBLIC LAW 100-202—DEC. 22, 1987 
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY 
INTEREST PAYMENTS 
For necessary expenses for interest payments, to remain available 
until expended, $49,080,000: Provided, That these funds shall be 
disbursed pursuant to terms and conditions established by Public 
Law 96-184 and the Initial Bond Repayment 
Participation 
Agreement. 
TITLE III—GENERAL PROVISIONS 
SEC. 301. During the current fiscal year applicable appropriations 
to the Department of Transportation shall be available for mainte-
nance 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. Funds appropriated for the Panama Canal Commission 
may be apportioned notwithstanding section 3679 of the Revised 
Statutes, as amended (31 U.S.C. 1341), to the extent necessary to 
permit payment of such pay increases for officers or employees as 
may be authorized by administrative action pursuant to law that are 
not in excess of statutory increases granted for the same period in 
corresponding rates of compensation for other employees of the 
Government in comparable positions. 
20 use 241 note. 
SEC. 303. Funds appropriated under this Act for expenditures by 
the Federal Aviation Administration shall be available (1) except as 
otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 
236-244), 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 acces-
sible 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 £is 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-18. 
SEC. 305. None of the funds appropriated in this Act for the 
Panama Canal Commission may be expended unless in conformance 
with the Panama Canal Treaties of 1977 and any law implementing 
those treaties. 
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 regu-
latory 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. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-378 
SEC. 308. None of the funds in this or any previous or subsequent 
Act shall be available for the planning or implementation of any 
change in the current Federal status of the Transportation Systems 
Center; £ind none of the funds in this Act shall be available for the 
implementation of any change in the current Federal status of the 
Turner-Fairbank Highway Research Center. 
SEC. 309. The expenditure of any appropriation under this Act for Contracts. 
any consulting service through procurement contract, pursuant to Public 
section 3109 of title 5, United States Code, shall be limited to those ^formation. 
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 pursu-
ant to existing law. 
SEC. 310. (a) For fiscal year 1988 the Secretary of Transportation 
23 USC104 note. 
shall distribute the obligation limitation for Federal-aid highways 
by allocation in the ratio which sums authorized to be appropriated 
for Federal-aid highways and highway safety construction that are 
apportioned or allocated to each State for such fiscal year bear to 
the total of the sums authorized to be appropriated for Federal-aid 
highways and highway safety construction that are apportioned or 
allocated to all the States for such fiscal year. 
Ot)) During the period October 1 through December 31, 1987, no 
State shall obligate more than 35 per centum of the amount distrib-
uted to such State under subsection (a), and the total of all State 
obligations during such period shall not exceed 25 per centum of the 
total amount distributed to all States under such subsection. 
(c) Notwithstanding subsections (a) and Ot)), the Secretory shall— 
(1) provide all Stetes with authority sufficient to prevent 
lapses of sums authorized to be appropriated for Federal-aid 
highways and highway safety construction that have been 
apportioned to a Stote, except in those instonces in which a 
Stote indicates its intention to lapse sums apportioned under 
section 104(bX5XA) of title 23, United States Code; 
(2) after August 1, 1988, revise a distribution of the funds 
made available under subsection (a) if a Stote will not obligate 
the amount distributed during that fiscal year and redistribute 
sufficient amounts to those Stotes able to obligate amounts in 
addition to those previously distributed during that fiscal year 
giving priority to those Stotes having large unobligated bal-
ances of funds apportioned under section 104 of title 23, United 
Stotes Code, and giving priority to those States which, because 
of stotutory changes made by the Surface Transportotion 
Assistance Act of 1982 and the Federal-Aid Highway Act of 
1981, have experienced substantial proportional reductions in 
their apportionments and allocations; and 
(3) not distribute amounts authorized for administrative 
expenses, the Federal lands highway program, the strategic 
highway research program and amounts made available under 
sections 149(d), 158, 159, 164, 165, and 167 of Public Law 100-17. 
(d) The limitotion on obligations for Federal-aid highways and 
highway safety construction programs for fiscal year 1988 shedl not 
apply to obligations for emergency relief under section 125 of title 
23, United Stotes Code, obligations under section 157 of title 23, 
United Stotes Code, projects covered under section 147 of the Sur-
face Transportation Assistance Act of 1978, section 9 of the Federal-
Aid Highway Act of 1981, subsections 131 O
t
>
) and (j) of Public Law 
97-424, section 118 of the National Visitors Center Facilities Act of 
101 STAT. 1329-379 
PUBLIC LAW 100-202—DEC. 22, 1987 
1968, section 320 of title 23, United States Code, projects authorized 
by Public Law 99-500 and Public Law 99-591, or projects covered 
under subsections 149 (h) and (c) of Public Law 100-17. 
(e) Subject to paragraph (c)(2) of this General Provision, a State 
which after August 1 and on or before September 30 of fiscal year 
1988 obligates the amount distributed to such State in that fiscal 
year under paragraphs (a) and (c) of this General Provision may 
obligate for Federal-aid highways and highway safety construction 
on or before September 30,1988, an additional amount not to exceed 
5 percent of the aggregate amount of funds apportioned or allocated 
to such State— 
(1) under sections 104, 130, 144, and 152 of title 23, United 
States Code, and 
(2) for highway assistance projects under section 104(e)(4) of 
such title, 
which are not obligated on the date such State completes obligation 
of the amount so distributed.22 
(f) During the period August 2 through September 30, 1988, the 
aggregate amount which may be obligated by all States pursuant to 
paragraph (e) shall not exceed 2.5 percent of the aggregate amount 
of funds apportioned or allocated to all States— 
(1) under sections 104, 130, 144, and 152 of title 23, United 
States Code, and 
(2) for highway assistance projects under section 104(e)(4) of 
such title, 
which would not be obligated in fiscal year 1988 if the total amount 
of the obligation limitation provided for such fiscal year in this Act 
were utilized. ^^ 
(g) Paragraph (e) shall not apply to any State which on or after 
August 1, 1988, has the amount distributed to such State under 
paragraph (a) for fiscal year 1988 reduced under paragraph (c)(2). 
SEC. 311. None of the funds in this Act shall be available for 
salaries and expenses of more than one hundred thirty-eight politi-
cal and Presidential appointees in the Department of Transpor-
tation. 
SEC. 312. Not to exceed $665,000 of the funds provided in this Act 
for the Department of Transportation shall be available for the 
necessary expenses of advisory committees. 
SEC. 313. None of the funds in this or any other Act shall be made 
available for the proposed Woodward light rail line in the Detroit, 
Michigan 2^ area until a source of operating funds has been ap-
proved in accordance with Michigan law: Provided, That this limita-
tion shall not apply to alternatives analysis studies under section 
21(aX2) of the Urban Mass Transportation Act of 1964, as amended. 
Grants. 
SEC. 314. The limitation on obligations for the Discretionary 
49 use app. 1617 Grants program of the Urban Mgiss Transportation Administration 
shall not apply to any authority under section 21(aX2) of the Urban 
Mass Transportation Act of 1964, as amended, previously made 
available for obligation. 
SEC. 315. Notwithstanding any other provision of law, none of the 
funds in this Act shall be available for the construction of, or any 
other costs related to, the Central Automated Transit System 
(Downtown People Mover) in Detroit, Michigan. 
**Copy read "distributed;". 
*' Copy read "utilized; and". 
'* Copy read "Michig;an, area". 
fv 
^ . j - v 
-^ • 
; -
note. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-380 
SEC. 316. None of the funds in this Act shall be used to implement 
section 404 of title 23, United States Code. 
SEC. 317. (a) SAFETY ENFORCEMENT PROGRAM PERFORMANCE.—The 
Secretary of Transportation shall on or before January 1 of each 
year transmit to the Congress a comprehensive report on the Fed-
eral Aviation Administration's prior fiscal year safety enforcement 
activities. The report shall include: 
( D a comparison of end-of-year staffing levels by inspector 
category (operations, maintenance, avionics) to staffing goals 
and a statement as to how staffing standards were applied to 
make allocations between air carrier and general aviation oper-
ations, maintenance and avionics inspectors; 
(2) schedules showing the range of inspector experience by 
various inspector work force categories, and the number of 
inspectors in each of the categories who are considered fully 
qualified; 
(3) schedules showing the number and percentage of inspec-
tors who have received mandatory training by individual 
course, and the number of inspectors, by work force categories, 
who have received all mandatory training; 
(4) a description of the criteria used to set annual work 
programs, an explanation of how these criteria differ from 
criteria used in the prior fiscal year and how the annual work 
programs ensure compliance with appropriate Federal regula-
tions and safe operating practices; 
(5) a comparison of actual inspections performed during the 
fiscal year to the annual work programs disaggregated to the 
field locations and, for any field location completing less than 80 
percent of its planned number of inspections, an explanation as 
to why annual work program plans were not met; 
(6) a statement of the adequacy of Federal Aviation Adminis-
tration internal management controls available to ensure that 
field managers are complying with Federal Aviation Adminis-
tration policies and procedures including those regarding 
inspector priorities, district office coordination, minimum 
inspection standards, and inspection follow-up; 
(7) the status of the Federal Aviation Administration's efforts 
to update inspector guidance documents and Federal regula-
tions to include technological, management, and structural 
changes taking place within the aviation industry, including a 
listing of the backlog of all proposed regulatory changes; 
(8) a list of the specific operational meeisures of effective-
ness—"best proxies" standing between the ultimate goal of 
accident prevention and ongoing program activities—that are 
being used to evaluate progress in meeting program objectives, 
the quality of program delivery, and the nature of emerging 
safety problems; 
(9) a schedule showing the number of civil penalty cases 
closed during the two prior fiscal years, including total initial 
assessments, total final assessments, total dollar amount col-
lected, range of dollar amount collected, average case processing 
time, and range of case processing time; 
(10) a schedule showing the number of enforcement actions 
taken, excluding civil penalties, during the two prior fiscal 
years, including total number of violations cited, and the 
number of cited violation cases closed by certificate suspension, 
certification revocations, warnings, and no action taken; and 
Reports. 
49 u s e 308 note. 
Regulations. 
101 STAT. 1329-381 
PUBLIC LAW 100-202—DEC. 22, 1987 
Federal 
Register, 
publication. 
Grants. 
(11) schedules showing the aviation industry's safety record 
during the fiscal year for air carriers and general aviation, 
including the number of inspections performed where defi-
ciencies were identified compared with inspections where no 
deficiencies were found and the frequency of safety deficiencies 
per carrier as well as an analysis based on the data of the 
general status of air carrier and general aviation compliance 
with Federgd Aviation Regulations. 
49 u s e 301 note. 
(b) L O N G - R A N G E NATIONAL TRANSPORTATION STRATEGIC PLANNING 
STUDY.—The Department of Transportation shall undertake a long-
range, multi-modal national transportation strategic planning 
study. This study shall forecast long-term needs and costs for devel-
oping and maintaining facilities and services to achieve a desired 
national transportation program for moving people and goods in the 
year 2015. The study shall include detailed analyses of transpor-
tation needs within six to nine metropolitan areas that have diverse 
population, development, and demographic patterns, including at 
least one interstate metropolitan area. This study shall be submitted 
to Congress on or before October 1,1989. 
SEC. 318. Within seven calendar days of the obligation date, the 
Urban Mass Transportation Administration shall publish in the 
Federal Register an announcement of each grant obligated pursuant 
to sections 3 and 9 of the Urban Mass Transportation Act of 1964, as 
amended, including the grant number, the grant amount, and the 
transit property receiving each grant. 
SEC. 319. None of the funds appropriated in this Act may be used 
to prescribe, implement, or enforce a national policy specifying that 
only a single type of visual glideslope indicator can be funded under 
the facilities and equipment account or through the airport improve-
ment program: Provided, That this prohibition shall not apply in the 
case of airports that are certified under part 139 of the Federal 
Aviation Regulations. 
SEC. 320. (a) The Federal Aviation Administration shall satisfy the 
following air traffic controller work force staffing requirements by 
September 30,1988: 
(1) total air traffic controller work force level of not less than 
15,900; 
(2) total full performance level air traffic controllers of not 
less than 10,450; and 
(3) at least 70 percent of the air traffic controller work force, 
excluding common screen students, at each center and level 3 
and above terminal shall have achieved operational controller 
status. 
Ot)) The Secretary may waive any requirement of this section by 
certifying that such requirement would adversely affect aviation 
safety: Ptovided, That such a waiver shall become effective 30 days 
after the Committees on Appropriations of the Senate and the 
House of Representatives are notified in writing of the Secretary's 
intention to waive and reasons for waiving such requirement. 
Contracts. 
SEC. 321. Notwithstanding any other provision of law, funds 
appropriated in this or any other Act intended for studies, reports, 
or research, and related costs thereof including necessary capital 
expenses, are avEiilable for such purposes to be conducted through 
contracts or financial assistance agreements with the educational 
institutions that are specified in such Acts or in any report accom-
pan3dng such Acts. 
49 u s e app. 1348 
note. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-382 
SEC. 322. The Secretary of Transportation shall permit the obliga-
tion of not to exceed $4,000,000, apportioned under title 23, United 
States Code, section 1040t)X5)(B) for the State of Florida for operating 
expenses of the Tri-County Commuter Rail Project in the area of 
Dade, Broward, and Palm Beach Counties, Florida, during each year 
that Interstate 95 is under reconstruction in such area. 
SEC. 323. Notwithstanding any provision of this or any other law, 
none of the funds provided by this Act for appropriation shall be 
available for payment to the General Services Administration for 
rental space and services at rates per square foot in excess of 100 
percent of the rates paid during fiscal year 1987; nor shall this or 
any other provision of law require a reduction in the level of rental 
space or services below that of fiscal year 1987 or prohibit an 
expansion of rental space or services with the use of funds otherwise 
appropriated in this Act. 
SEC. 324. Notwithstanding any other provision of law, section 
144(g)(2) of title 23, United States Code, shall not apply to the 
Virginia Street Bridge in Charleston, West Virginia. 
SEC. 325. The portion of Oklahoma State Route 99 between the 
United States Highway 377 and Interstate Route 1-44 which portion 
is on the Federal-aid primary system shall hereafter be designated 
as "United States Highway 377". Any reference in a law, map, 
regulation, document, record or other paper of the United States to 
such highway shall be held to be a reference to "United States 
Highway 377". 
SEC. 326. Within 12 months of enactment, the Federal Aviation Regulations. 
Administration shall adopt regulations requiring the installation 
and carriage of operating automatic altitude reporting equipment 
for all aircraft operating in terminal airspace where air traffic 
control radar service is provided, and in all controlled airspace 
above a minimum altitude to be determined by the Federal Aviation 
Administration. This regulation shall be effective on the earliest 
feasible date. 
SEC. 327. None of the funds appropriated or made available by this 
Act or any other Act shall be made available to the New York 
Metropolitan Transportation Authority unless, within 90 days after 
the date of enactment of this Act, such authority prohibits all 
smoking on the Long Island Railroad. 
SEC. 328. (a) Section 404 of the Federal Aviation Act of 1958 (49 
U.S.C. 1374) is amended by adding at the end thereof the following 49 USC app. 
subsection: 
1374. 
"PROHIBITION AGAINST SMOKING ON SCHEDULED FUGHTS AND 
TAMPERING WITH SMOKE ALARM DEVICES 
"(dXlXA) On and after the date of expiration of the 4-month 
period following the date of the enactment of this subsection, it shall 
be unlawful to smoke in the passenger cabin or lavatory on any 
scheduled airline flight in intrastate, interstate, or overseas air 
transportation, if such flight is scheduled for 2 hours or less in 
duration. 
"(B) The Secretary of Transportation shall issue such regulations Regulations. 
as may be necessary to carry out the provisions of this subsection. 
"(C) The provisions of paragraph (1) of this subsection are repealed 
effective on the expiration of the 28-month period following the date 
, 
of enactment of this subsection. 
101 STAT. 1329-383 
PUBLIC LAW 100-202—DEC. 22, 1987 
"(2) Any passenger who tampers with, disables, or destroys any 
smoke alarm device located in any lavatory aboard an aircraft 
engaged in air transportation or intrastate air transportation shall 
be subject to a civil penalty in accordance with section 901, except 
that such civil penalty may be imposed in an amount up to $2,000.". 
0)) That portion of the table of contents of the Federal Aviation 
Act of 1958 under the heading: 
"Sec. 404. Rates for carriage of persons and property; duty to provide service, rates, 
and divisions; foreign air transportation rates; discrimination;" 
is amended by adding at the end thereof the following: 
"(d) Prohibition against smoking on scheduled flights and tampering with 
smoke alarm devices.". 
DEMONSTRATION PROGRAM FOR SIXTY-FIVE M P H SPEED LIMIT 
23 use 154 note. 
SEC, 329. (a) Any project approval under section 106 of title 23, 
United States Code, shall not be withheld under sections 154(a) and 
141(a) of title 23, United States Code, in fiscal years 1988,1989, 1990, 
and 1991 with respect to a highway located in a State eligible under 
subsection (b), having a maximum speed limit of not more than 
sixty-five miles per hour and located outside an urbanized area of 
fifty thousand population, which is— 
(1) constructed to interstate standards in accordance with 
section 109(b) of title 23, United States Code and connected to an 
Interstate highway posted at sixty-five miles per hour; 
(2) a divided four-lane fully controlled access highway de-
signed or constructed to connect to an Interstate highway 
posted at sixty-five miles per hour and constructed to design and 
construction standards as determined by the Secretary of 
Trgmsportation which provide a facility adequate for a speed 
limit of sixty-five miles per hour; or 
(3) constructed to the geometric and construction standards 
adequate for current and probable future traffic demands and 
for the needs of the locality and is designated by the Secretary 
of Transportation as part of the Interstate System in accordance 
with section 139(c) of title 23, United States Code. 
(b) Participation in the demonstration program authorized by this 
section is available only to the first twenty States that post maxi-
mum speed limits of sixty-five miles per hour before July 1, 1988, in 
accordance with the requirements of subsection (a). 
49 use app. 1613 
SEC. 330. Sums authorized under section 17(f) of the Urban Mass 
note. 
Transportation Act, as amended, shall also be used to cover costs 
incurred since 1978 by such States, bodies, and agencies as a result 
of the discontinuation of Conrail commuter rail services under 
section 1136 of the Northeast Rail Services Act of 1981. Eligible cost 
shall include but not be limited to additional costs incurred as a 
result of the assumption of commuter rail service and all liabilities 
assumed by such States, bodies, and agencies as a result of agree-
ments with Conrail. The Federal share of any cost covered under 
this provision shall be 100 percent. 
SEC. 331. Section 1490t)X82) of the Surface Transportation and 
Ante, p. 181. Uniform Relocation Assistance Act of 1987 is amended to read as 
follows: "(82) subsections (aX82) and (aX83) $2,300,000;". Section 
149(bX83) of such Act is repealed, and succeeding paragraphs are 
renumbered accordingly. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-384 
SEC. 332. The portion of the Union Canal, also known as the Union 33 USC 59q-i. 
Ship Canal, an appendage of the Buffalo Outer Harbor, located in 
the City of Buffalo, State of New York, is declared to be a non-
navigable waterway of the United States within the meaning of the 
General Bridge Act of 1946 (33 U.S.C. 525, et seq.) from a point two 
hundred feet west of Fuhrmann Boulevard east to its terminus. 
SEC. 333. The Secretary of Transportation is authorized to transfer 
appropriated funds under "Office of the Secretary, Salaries and 
expenses": Provided, That no appropriation shall be increased or 
decreased by more than 2V'2 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. 334. (a) Notwithstanding any other provision of law, with 
regard to the Atlantic City Airport, at Pomona, New Jersey, the 
Federal Aviation Administration shall not transfer any property to 
any municipality or any other entity operating such airport, nor 
shall any funds made available by this Act be available to such 
municipality or entity for any planning, study, design, engineering, 
or construction of a runway extension, new runway, new passenger 
terminal, or improvements to or expansion of the existing passenger 
terminal at such Airport, until such time as— 
(1) the Master Plan Update for Atlantic City Airport and 
Bader Field, prepared pursuant to Federal Aviation Adminis-
tration Contract FA-EA-2656, is completed and releeised; and 
(2) the Administrator of the Federal Aviation Administration 
finds that a public entity has been created to operate and 
manage the Atlantic City Airport, which entity has the follow-
ing characteristics: 
(A) the authority to enter into contracts and other agree- Contracts. 
ments, including contracts, leases, cooperative agreements, 
or other transactions with any agency or instrumentality of 
the United States; 
(B) the standing to sue and be sued in its own name; 
(C) the authority to hire and dismiss officers and 
employees; 
(D) the power to adopt, amend and repeal bylaws, rules, 
and regulations governing the manner in which its business 
may be conducted and the powers vested in it may be 
exercised; 
(E) the authority to acquire, in its own name, an interest 
in such real or personal property as is necessary or appro-
priate for the operation and maintenance of the airport; 
(F) the power to acquire property by the exercise of the 
right of eminent domain; 
(G) the power to borrow money by issuing marketable 
obligations, or such other means as is permissible for public 
authorities under the laws of the State of New Jersey; 
(H) adequate existing capitalization to carry out all activi-
ties which are ordinarily necessary and appropriate to 
operate and maintain an airport; 
(I) a governing board which includes voting representa-
tives of the City of Atlantic City, the County of Atlantic 
and the townships which are adjacent to or are directly 
impacted by the airport; 
(J) a charter which includes (i) a requirement that mem-
bers of the governing board have expertise in transpor-
tation, finance, law, public administration, aviation, or such 
101 STAT. 1329-385 
PUBLIC LAW 100-202—DEC. 22, 1987 
other fields or disciplines as would be necessary or appro-
priate for the operation of an airport; and (ii) procedures 
which protect the research and development mission of the 
Federal Aviation Technical Center at Pomona, New Jersey, 
and the defense functions of the Air National Guard; and 
(K) the authority to carry out comprehensive transpor-
tation planning to minimize traffic congestion and facilitate 
access to and from the airport. 
(b) The limitation on funds set forth in subsection (a) shall not 
apply to any expenditure which the Administrator of the Federal 
Aviation Administration determines is needed for safety purposes. 
(c) Notwithstanding any other provision of law, the funds re-
stricted under subsection (a) shall become available at such time as 
the conditions set forth in subsection (a) are satisfied. 
SEC. 335. Notwithstanding section 127 of title 23, United States 
Code, the State of Wyoming may permit the use of the National 
System of Interstate and Defense Highways located in Wyoming by 
vehicles in excess of 80,000 pounds gross weight, but meeting axle 
and bridge formula specifications in section 127 of title 23, United 
Reports. 
States Code, through September 30, 1991. Additionally, the Sec-
retary of Transportation shall report, by September 30, 1990, to the 
Senate and House Appropriations Committees, and to the Commit-
tee on Public Works and Transportation of the House of Representa-
tives and the Committee on Environment and Public Works of the 
United States Senate, on the productivity and economic benefits, the 
safety performance, and the effects of such vehicles on the condition 
of the highways over which they were operated. 
SEC. 336. TRANSFER OF SECTION 9 FUNDS.—The Governor of Louisi-
ana, after consultation with all urbanized areas within Louisiana, 
may transfer not to exceed $5,000,000 of unused apportionments 
under section 9 of the Urban Mass Transportation Act of 1964 to any 
other urbanized area for use for urban msiss transportation pur-
Termination 
poses. The authority to transfer these funds expires on October 1, 
date. 
1988. 
SEC. 337. Section 149(a)(89) of the Surface Transportation and 
Ante, p. 181. 
Uniform Relocation Assistance Act of 1987 is amended by striking 
the language therein and inserting in lieu thereof: 
"The Secretary is authorized to carry out a project to construct a 
full-diamond interchange to connect Louisiana Highway 354 to 
Interstate Route I-IO in East Lafayette, Louisiana.". 
SEC. 338. Notwithstanding any other provision of this joint resolu-
tion or of any other law, section 149 of the Surface Transportation 
and Uniform Relocation Assistance Act of 1987 (101 Stat. 181) is 
amended by adding after subsection (k) the following new subsec-
tion (1). 
"(1) REQUEST FOR REALLOCATION.—If, in any fiscal year amounts 
allocated to the State of Nevada under subsections Ot)) and (d) to 
carry out subsection (aX68), (aX105), or (aX106), are not sufficient to 
complete any project authorized by such subsections, such State may 
request the Secretary to reallocate all or any portion of such funds 
for another of such projects. 
"(2) GRANTING OF REQUESTS.—The Secretary shall grant a request 
made under paragraph (1) if the respective local officials having 
jurisdiction over the area in which the concerned projects are 
located consent to such request. 
"(3) ADJUSTMENT OF ALLOCATION.—If any funds allocated for a 
project are reallocated to another project pursuant to this subsec-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-386 
tion, the amount of funds allocated for such projects in succeeding 
fiscal years shall be adjusted so that the aggregate amount of funds 
allocated for each of such projects under this section for fiscal years 
1987 through 1991 is equal to the aggregate amount of funds allo-
cated for such projects for such fiscal years by subsections (b) and (d) 
of this section.'. 
SEC. 339. Notwithstanding any other provision of law, the Sec- 23 USC 130 note. 
retary shall make available $250,000 per year for a national public 
information program to educate the public of the inherent hazard at 
railway-highway crossings. Such funds shall be made available out 
of funds authorized to be appropriated out of the Highway Trust 
Fund, pursuant to section 130 of title 23, United States Code. 
SEC. 340. Section 149 of the Surface Transportation and Uniform 
Relocation Assistance Act of 1987 is amended (1) by striking in 
Ante, p. 181. 
subsection (bXlUXH) "$80,000" and inserting in lieu thereof 
"$100,000" and (2) in subsection (bXlllXD by striking "$100,000" and 
inserting in lieu thereof "$80,000". 
SEC. 341. Section 149(a) of the Surface Transportation and Uni-
form Relocation Assistance Act of 1987 is amended by striking 
subsections 111 (A) and (B) and inserting in lieu thereof the 
following: 
"(AXD MORTON COUNTY.—The Secretary is authorized to 
carry out a project to obtain easements for and construct an 
access road in Morton County FAS, Route 3020 from 11 miles 
south of Sweet Briar Lake, 1V2 miles south of Fish Creek Lake, 
then easterly 8 miles to Morton County FAS Route 3047. 
"(2) MORTON COUNTY.—The Secretary is authorized to carry 
out a project to construct an access road in Morton County, FAS 
Route 3002 from 6 miles north of Crown Butte Road, then 
easterly 2 miles to North Dakota State Highway 1806. 
"(3) MORTON COUNTY.—The Secretary is authorized to carry 
out a project to construct an access road in Morton County, FAS 
Route 3039 from Sweet Briar Lake, north 7 miles to the Oliver 
County line. 
"(BXD MERCER COUNTY.—The Secretary is authorized to carry 
out a project to construct an access road in Mercer County, FAS 
Route 2927 from 4 miles north of Hazen, North Dakota; north 8 
miles to Hazen Bay, Lake Sakakawea or from 4 miles north of 
Hazen, North Dakota; then 3 miles north and 6 miles east to 
intersection of N.D. 200 and Mercer County Route 37; then in a 
southeasterly direction approximately 10 miles to the north 
corporate limits of the City of Stanton, North Dakota. 
"(2) MERCER COUNTY.—The Secretary is authorized to carry 
out a project to construct an access road in Mercer County, 
County FAS Route 2927 from 4 miles north of Hazen, North 
Dakota north 8 miles to Hazen Bay, Lake Sakakawea or from 4 
miles north of Hazen, North Dakota then 8 miles north to the 
intersection of North Dakota 1806; then east to the intersection 
of North Dakota 200; then south 5 miles to Mercer County, 
Route 37; then in a southeasterly direction approximately 10 
miles to the north corporate limits of the City of Stanton, North 
Dakota. 
"(3) MERCER COUNTY.—The Secretary is authorized to carry 
out a project to construct an access road in Mercer County, 
County FAS Route 2927 from 4 miles north of Hazen, North 
Dakota, north 8 miles to Hazen Bay, Lake Sakakawea, or 7 
miles north of the junction with North Dakota 200 and 200 A; 
101 STAT. 1329-387 
PUBLIC LAW 100-202—DEC. 22, 1987 
then east 3 miles, south 2 miles, east 2 miles, and south 3 miles 
to the north corporate limits of the City of Stanton, North 
Dakota. 
"(4) MERCER COUNTY.—The Secretary is authorized to carry 
out a project to construct an access road in Mercer County, 
County FAS Route 2927, from 4 miles north of Hcizen, North 
Dakota, north 8 miles to Hazen Bay, Lake Sakakawea, or Knife 
River Indian Village Historic Site access road.". 
SEC. 342. The Surface Transportation and Uniform Relocation 
Assistance Act of 1987 is amended by inserting at the end of section 
Ante, p. 181. 
149 a new subsection to read as follows: 
"The State of North Dakota may elect to utilize the total amount 
of funds authorized for such State under section 149 (b) and (d) in 
any given year for any project or projects in the State of North 
Dakota as authorized under section 149. The total amount of Federal 
funds obligated for any project under section 149 shall not exceed 
the total 5 year authorization for such project.". 
SEC. 343. (a) Notwithstanding any other provision of law, the 
Secretary of Transportation shall provide not to exceed $20,000,000 
out of the emergency relief fund authorized under section 125 of 
title 23, United States Code, to pay the expenses incurred in the 
reconstruction or repair of the bridge over Schoharie Creek in the 
State of New York that is on Interstate Route 90, including any 
expenses incurred in conducting the investigation of the cause of the 
collapse of the bridge and the expenses incurred in detouring traffic 
around the site of the bridge until the reconstruction or repair is 
completed. 
O
t
>
) No payment of an expense may be made by reason of subsec-
tion (a) if such expense is paid or reimbursed— 
(1) under any Federal program other than section 125 of title 
23, United States Code, or 
(2) under any insurance policy covering the bridge described 
in subsection (a). 
Regulations. 
(c) The provisions of section 125 of title 23, United States Code, 
and any regulations prescribed under such section, regarding the 
expenditure of funds provided under such section shall apply to any 
funds provided by reason of subsection (a) to the extent such provi-
sions and regulations are consistent with the provisions and pur-
poses of this joint resolution. 
SEC. 344. Section 165 of the Federal-Aid Highway Act of 1987 
Ante, p. 214. 
(Public Law 100-17) relating to a cost effectiveness study of upgrad-
ing of Route 219 is amended as follows: 
(1) Subparsigraph (B) of subsection (aXD is amended to read as 
follows: 
"(B) between Springville, New York, and its intersection 
with the New York-Pennsylvania State line;". 
(2) Subsection (b) is amended by striking "1 year" and insert-
ing "18 months". 
SEC. 345. Paragraph (72) of section 149(a) of the Surface Transpor-
tation and Uniform Relocation Assistance Act of 1987 (101 Stat. 192) 
is amended to read as follows: 
"(72) DOUGLAS (DOUNTY, KANSAS.—The Secretary shall carry out a 
highway project in Douglas County, Kansas, to demonstrate 
methods of reducing traffic congestion and facilitating the usage by 
motorists on the Interstate System of recreational facilities by 
construction of a limited access road of approximately 14 miles in 
length which, at its western terminus, will provide access from an 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-388 
east-west Interstate highway route to a reservoir and a university 
research park, will proceed easterly around the southern portion of 
the City of Lawrence and, at its eastern terminus, will provide 
access to a business park and a limited access east-west State 
highway.". 
SEC. 346. Section 163(n) of the Federal-Aid Highway Act of 1973 
(23 U.S.C. 130 note) is amended by adding "except those railroad-
highway crossings segments which are already engaged in or have 
completed the preparation of the plans, specifications and estimates 
(PS&E) for the construction of the segment involved shall retain the 
Federal share as specified in subsection 163(n) as amended by 
section 134 of the Surface Transportation Assistance Act of 1978. 
TECHNICAL AMENDMENTS TO TITLE 23 
SEC. 347. (a) SECTION 104.—Section 104(g) of title 23, United States 
Code, is amended— 
(1) in the first sentence by striking out "sections 144, 152, and 
153 of this title, or section 203(d) of the Highway Safety Act of 
1973," and inserting in lieu thereof "sections 130, 144, and 152 
of this title"; and 
(2) by striking out the third sentence. 
Ot)) SECTION 119.—Section 119(fK2XB) of such title is amended by 
striking out "equal to" and inserting in lieu thereof "not to exceed'. 
(c) SECTION 127.—Section 127(a) of such title is amended by strik-
ing out "September 1, 1988" each place it appears and inserting in 
lieu thereof "September 1,1989". 
(d) SECTION 129.—(1) Section 129(jXl) of such title is amended by 
striking out "(7)" and inserting in lieu thereof "(8)". 
(2) Section 129(j)(3) of such title is amended— 
(A) by striking out "(7)" and inserting in lieu thereof "(8)"; 
(B) by striking out "State of Pennsylvania" and inserting in 
lieu thereof "States of Pennsylvania and West Virginia"; 
(C) by inserting "State of Georgia," after "State of Florida,"; 
and 
(D) by adding at the end thereof the following new sentence: 
"The toll facility in Orange County, California, may be located 
in more than 1 highway corridor to relieve congestion on exist-
ing interstate routes in such County.", 
TECHNICAL AMENDMENTS TO SURFACE TRANSPORTATION AND 
UNIFORM RELOCATION ASSISTANCE ACT 
SEC. 348. (a) SECTION 134.—Section 134 of the Surface Transpor-
tation and Uniform Relocation Assistance Act of 1987 (23 U.S.C. 202 
note) is amended by striking out "and 1990," and inserting in lieu 
thereof "1990, and 1991,". 
(b) SECTION 149(a).—(1) Section 149(aX5XB) of such Act is 
Ante, p. 181. 
amended— 
(A) by striking out "reconstructing 2" and inserting in lieu 
thereof "rehabilitating 3"; and 
(B) by striking out "and Bagley" and inserting in lieu thereof 
", Bagley, and Shevlin". 
(2) Section 149(aX15) of such Act is amended by striking out "a 
highway project for construction of a grade separation on a route" 
and inserting in lieu thereof "highway projects for construction of 
grade separations on routes". 
101 STAT. 1329-389 
PUBLIC LAW 100-202—DEC. 22, 1987 
(3) Section 149(a)(16) of such Act is amended by striking out 
"project to demonstrate" and all that follows through "the effective-
ness ' and inserting in lieu thereof "projects to demonstrate methods 
by which railroad relocation and construction of grade separations 
for railroad crossings of highways and streets enhances urban 
redevelopment''. 
(4) Section 149(a)(46) of such Act is amended— 
(A) by inserting "and Andover" after "in Lawrence"; and 
(B) by striking out "under construction" and all that follows 
through the period at the end of such section and inserting in 
lieu thereof "by providing access between an interstate route 
and Merrimack Street.". 
(5) Section 149(aX81) of such Act is amended by inserting "(A)" 
after "carry out" and by inserting "and (B) construction of such 
project," after "Florida,". 
(6) Section 149(aX102) of such Act is amended by striking out "for 
the design and site location". 
(7) Section 149(aX121) of such Act is amended by striking out 
"Virginia" and inserting in lieu thereof "Virginia)" and by striking 
out "Service)" and inserting in lieu thereof "Service". 
(c) SECTION 149(b).—(1) Section 149(bX57) of such Act is amended 
by striking out "land acquisition under". 
(2) Section 149(bX64) of such Act is amended by striking out 
"preliminary engineering and design under". 
(3) Section 1490t)X70) of such Act is amended by striking out 
"preliminary engineering and design under". 
(d) SECTION 149(i).— 
(D- AMENDMENT.—Section 149(i) of such Act is amended by 
adding at the end thereof the following new sentence: "50 
percent of the funds allocated under subsections (h) and (d) to 
carry out subsection (aX104) shall be allocated to the State of 
Nebraska, and the other 50 percent of such funds shall be 
allocated to the State of Iowa.". 
(2) EFFECTIVE DATE.—The amendment made by paragraph (1) 
shall take effect April 2,1987. 
(e) SECTION 149(k).—Section 149(kX2) of such Act is amended by 
striking out "1040t))(5XA))" and inserting in lieu thereof "subsection 
03X5XA))". 
Ante, p. 215. 
(f) SECTION 167.—Section 1670)) of such Act is amended by striking 
out "9 months" and inserting in lieu thereof "3 years". 
Ante, p. 219. 
(g) SECTION 202.—Section 202(c) of such Act is amended by striking 
out "(aX3)" and inserting in lieu thereof "(aXD". 
23 use 401 note. 
(h) SECTION 208.—Section 208(a) of such Act is amended by strik-
ing out "Not later than 30 months after the date of the enactment of 
this Act, the" and inserting in lieu thereof "The". 
CUMBERLAND GAP 
92 Stat. 2690. 
SEC. 349. Section 104(aX8) of the Federal-Aid Highway Act of 1978 
is amended by adding at the end thereof the following new sentence: 
"Funds may be appropriated under an authorization contained in 
this paragraph in the fiscal year authorized and any fiscal year 
thereafter.". 
HIGHWAY FEASIBILITY STUDIES 
SEC. 350. (a) ILUNOIS AND MISSOURI.—The Secretary of Transpor-
tation, in cooperation with the States of Illinois and Missouri, shall 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-390 
study the feasibility and necessity of constructing a toll expressway 
between Chicago, Illinois, and Kansas City, Missouri. 
(b) ALABAMA.—The Secretary of Transportation shall study the 
feasibility and necessity of completing a beltway around the city of 
Birmingham, Alabama. 
(c) FEDERAL SHARE.—The Federal share of the cost of conducting 
each study under this section shall be 65 percent. 
(d) REPORTS.—Not later than 1 year after the date of the enact-
ment of this section, the Secretary of Transportation shall transmit 
to the Committee on Environment and Public Works of the Senate 
and the Committee on Public Works and Transportation of the 
House of Representatives a report on the results of the studies 
conducted under this section. 
(e) AMENDMENTS TO NEW YORK FEASIBILITY STUDY.—Section 168 of 
the Surface Transportation and Uniform Relocation Assistance Act 
of 1987 is amended— 
Ante, p. 216. 
(1) by inserting at the end of subsection (a) the following new 
sentence: "Such study shall include environmental assessment, 
economic analysis, economic impact, engineering, and rail 
rationalization studies."; and 
(2) in subsection (c) by striking out "one year" and inserting 
in lieu thereof "2 years". 
EXEMPTION FROM CERTAIN PROCEDURAL REQUIREMENTS 
SEC. 351. Notwithstanding any other provision of law, the with-
drawal of Interstate Route 1-420 in the State of Georgia shall be 
exempt from the procedural requirements of section 103(eX4) of title 
23, United States Code, including the regulations issued under such 
section. 
HIGHWAY WIDENING DEMONSTRATION PROJECT 
SEC. 352. (a) PROJECT DESCRIPTION.—The Secretary of Transpor-
tation is authorized to carry out a demonstration project to improve 
United States Route 202 between 1-76 and Pennsylvania State 
Route 252 in the vicinity of King of Prussia, Pennsylvania. 
Ot)) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated $19,000,000 to carry out this section. Any funds appro-
priated pursuant to this section shall remain available until ex-
pended and shall be exempt from any limitation on obligations for 
Federal-aid highways and highway safety construction programs. 
(c) FEDERAL SHARE.—The Federal share of the cost of the project 
authorized by this section shall not exceed 80 percent. 
This Act may be cited as the "Department of Transportation and 
Related Agencies Appropriations Act, 1988". 
(m) Such amounts as may be necessary for programs, projects or 
activities provided for in the Treasury, Postal Service and General 
Grovernment Appropriations Act, 1988, at a rate of operations and to 
the extent and in the manner provided for, the provisions of such 
Act to be effective as if it had been enacted into law as the regular 
appropriations Act, as follows: 
101 STAT. 1329-391 
PUBLIC LAW 100-202—DEC. 22, 1987 
Treasury, Postal 
Service and 
General 
Government 
Appropriations 
Act, 1988. 
Treasury 
Department 
Appropriations 
Act, 1988. 
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, 1988, and for other purposes. 
TITLE I—DEPARTMENT OF THE TREASURY 
OFFICE OF THE SECRETARY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Secretary including 
operation and maintenance of the Treasury Building and Annex; 
hire of passenger motor vehicles; not to exceed $22,000 for official 
reception and representation expenses; not to exceed $200,000 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; not to exceed $573,000, 
to remain available until expended, for repairs and improvements to 
the Main Treasury Building and Annex; $55,681,000. 
INTERNATIONAL AFFAIRS 
For necessary expenses of the international affairs function of the 
Office of the Secretary, hire of passenger motor vehicles; mainte-
nance, repairs, and improvements of, and purchase of commercial 
insurance policies for, real properties leased or owned oversesis, 
when necessary for the performance of official business; not to 
exceed $2,000,000 for official travel expenses; and not to exceed 
$73,000 
for 
official 
reception 
and 
representation 
expenses; 
$23,422,000. 
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 
purchase (not to exceed eight for police-tjrpe use); 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; not to 
exceed $3,000,000 for major maintenance and facility improvements, 
and related equipment for the Federal Law Enforcement Training 
Center facility to remain available until expended; not to exceed 
$200,000 for the development of a Master Plan for future land and 
facility use at Gl3nico, Georgia, to remain available until expended; 
not to exceed $5,000 for official reception and representation ex-
penses; and services as authorized by 5 U.S.C. 3109: Provided, That 
funds appropriated in this account shall be available for 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 appropria-
tion; acceptance of gifts; training of private sector security officials 
on a space available basis with reimbursement of actual costs to this 
appropriation; travel expenses of non-Federal personnel to attend 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-392 
State and local course development meetings at the Center: Pro-
vided further. That the Federal Law Enforcement Training Center 
shall hire and maintain an average of not less than 325 direct full-
time equivalent positions for fiscal year 1988: Provided further. That 
the new residential facility at the Federal Law Enforcement Train-
ing Center at Glynco, Georgia, shall be designated as the "Aubrey A. 
'Tex' Gunnels Dormitory Complex"; $28,672,000. 
FINANCIAL MANAGEMENT SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the Financial Management Service, 
$265,000,000, of which not to exceed $7,213,000 shall remain avail-
able until expended for systems modernization initiatives. 
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 five hundred vehicles 
for police-type use for replacement only; and hire of passenger motor 
vehicles; hire of aircraft; and services of expert witnesses at such 
rates as may be determined by the Director; not to exceed $5,000 for 
official reception and representation expenses; for training of State 
and local law enforcement agencies with or without reimbursement; 
provision of laboratory assistance to State and local agencies, with 
or without reimbursement; $217,531,000, of which $15,000,000 shall 
be available solely for the enforcement of the Federal Alcohol 
Administration Act during fiscal year 1988, and 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(dX2): Provided, That no funds 
appropriated herein shall be available for administrative expenses 
in connection with consolidating or centralizing within the Depart-
ment of the Treasury the records of receipts and disposition of 
firearms maintained by Federal firearms licensees or for issuing or 
carrying out any provisions of the proposed rules of the Department 
of the Treasury, Bureau of Alcohol, Tobacco and Firearms, on 
Firearms Regulations, as published in the Federal Register, volume 
43, number 55, of March 21,1978: Provided further. That none of the 
funds appropriated herein shall be available for explosive identifica-
tion or detection tagging research, development, or implementation: 
Provided further. That not to exceed $300,000 shall be available for 
research and development of an explosive identification and detec-
tion device: Provided further. That funds made available under this 
Act shall be used to maintain a base level of 3,451 full-time equiva-
lent positions for fiscal year 1988. 
UNITED STATES CUSTOMS SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the United States Customs Service, 
including purchase of up to seven hundred motor vehicles for 
replacement only, including six hundred eighty for police-type use 
and commercial operations; for additional purchase of up to two 
hundred fifty new passenger motor vehicles for police-type use and 
101 STAT. 1329-393 
PUBLIC LAW 100-202—DEC. 22, 1987 
commercial operations; hire of passenger motor vehicles; not to 
exceed $10,000 for official reception and representation expenses; 
and awards of compensation to informers, as authorized by any Act 
enforced by the United States Customs Service; $966,000,000, of 
which not to exceed $150,000 shall be available for payment for 
rental space in connection with preclearance operations, and not to 
exceed $4,000,000, to remain available until expended, for research: 
Provided, That uniforms may be purchased without regard to the 
general purchase price limitation for the current fiscal year: Pro-
vided further, That none of the funds made available by this Act 
shall be available for administrative expenses to pay any employee 
overtime pay in an amount in excess of $25,000: Provided further. 
That the Commissioner or his designee may waive this limitation in 
individual cases in order to prevent excessive costs or to meet 
emergency requirements of the Service: Provided further, That none 
of the funds made available by this Act may be used for administra-
tive expenses in connection with the proposed redirection of the 
Equal Employment Opportunity Program: Provided further. That 
none of the funds made available by this Act shall be available for 
administrative expenses to reduce the number of Customs Service 
regions below seven during fiscal year 1988: Provided further. That 
the United States Customs Service shall hire and maintain an 
average of not less than 16,099 full-time equivalent positions in 
fiscal year 1988: Provided further. That none of the funds made 
available in this or any other Act may be used to fund more than 
nine hundred positions in the Headquarters staff of the United 
States Customs Service in the fiscal year ending September 30,1988: 
Provided further. That no funds appropriated by this Act may be 
used to reduce to single eight hour shifts at airports and that all 
current services as provided by the Customs Service shall continue 
through September 30, 1988: Provided further. That not less than 
$300,000 shall be expended for additional part-time and temporary 
positions in the Honolulu Customs District: Provided further, That 
$600,000 shall be available only for the purchase of 6 additional 
mobile X-Ray Systems for the United States Customs Service. 
OPERATION AND MAINTENANCE, AIR INTERDICTION PROGRAM 
For expenses, not otherwise provided for, necessary for the hire, 
lease, acquisition (transfer or acquisition from any other agency), 
operation and maintenance of aircraft, and other related equipment 
of the Air Program; $140,000,000 to remain available until ex-
pended, of which $2,000,000 shall be available for construction of a 
hangar and administrative complex for the Customs Aviation 
Branch located in Albuquerque, New Mexico: Provided, That no 
aircraft or other related equipment, shall be transferred on a perma-
nent basis to £my other Federal agency. Department, or office 
outside of the Department of the Treasury during fiscal year 1988. 
CUSTOMS FORFEITURE FUND 
(UMITATION ON AVAILABIUTY OF DEPOSITS) 
For necessary expenses of the Customs Forfeiture Fund, not to 
exceed $10,000,000, as authorized by Public Law 98-473 and Public 
Law 98-573; to be derived from deposits in the Fund. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-394 
CUSTOMS SERVICES AT SMALL AIRPORTS 
(TO BE DERIVED FROM FEES COLLECTED) 
Such sums as may be necessary, not to exceed $486,000, for 
expenses for the provision of Customs services at certain small 
airports designated by the Secretary of the Treasury, including 
expenditures for the salaries and expenses of individuals employed 
to provide such services, to be derived from fees collected by the 
Secretary of the Treasury pursuant to section 236 of Public Law 98-
573 for each of these airports, and to remain available until 
expended. 
PAYMENT TO THE GOVERNMENT OF PUERTO RICO 
For payment of a grant to the Government of Puerto Rico, 
$7,800,000 to remain available until expended, for the purchase and 
installation of an aerostat radar drug interdiction surveillance 
system. 
UNITED STATES MINT 
SALARIES AND EXPENSES 
For necessary expenses of the United States Mint; $42,000,000, of 
which $965,000 shall remain available until expended for research 
and development projects and of which $75,000 may be used to host 
the International Mint Directors' Conference in the United States in 
1988, including but not limited to reception and representation 
expenses: Provided, That such fees as are collected from participants 
at the International Mint Directors' Conference shall be merged 
with and credited to this account, notwithstanding the provisions of 
31 U.S.C. 3302. 
BUREAU OF THE PUBUC DEBT 
ADMINISTERING THE PUBLIC DEBT 
For necessary expenses connected with any public-debt issues of 
the United States; $215,000,000. 
PAYMENT OF GOVERNMENT LOSSES IN SHIPMENT 
For payment of Government losses in shipment, in accordance 
with section 2 of the Act approved July 8, 1937 (40 U.S.C. 722) 
$400,000, to remain available until expended. 
INTERNAL REVENUE SERVICE 
' 
' 
SALARIES AND EXPENSES 
For necessary expenses of the Internal Revenue Service, not 
otherwise provided; for executive direction and management serv-
ices, and hire of passenger motor vehicles (31 U.S.C. 13430t>)); and 
services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner; $87,165,000, of which not to 
exceed $25,000 for official reception and representation expenses 
and of which not to exceed $5()0,000 shall remain available until 
expended, for research. 
91-194 O - 90 - 24 : QL.3 Part 2 
101 STAT. 1329-395 
PUBLIC LAW 100-202—DEC. 22, 1987 
PROCESSING TAX RETURNS 
For necessary expenses of the Internal Revenue Service not other-
wise provided for; including processing tax returns; revenue 
accounting; computer services; 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; 
$1,691,076,000, of which not to exceed $80,000,000 shall remain 
available until expended for systems modernization initiatives: Pro-
vided, That of the total amount appropriated under this heading, 
$17,800,000 shall be available for the Statistics of Income Program 
in fiscal year 1988. 
EXAMINATIONS AND APPEALS 
For necessary expenses of the Internal Revenue Service for deter-
mining and establishing tax liabilities; employee plans and exempt 
organizations; tax litigation; 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; $1,849,581,000, 
INVESTIGATION, COLLECTION, AND TAXPAYER SERVICE 
For necessary expenses of the Internal Revenue Service for inves-
tigation and enforcement activities; including purchase (not to 
exceed four hundred and fifty-one for replacement only, for police-
type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); 
securing unfiled tax returns; collecting unpaid accounts; examining 
selected employment and excise tax returns; technical rulings; 
enforcement litigation; providing assistance to taxpayers; and serv-
ices as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Ck)mmissioner: Provided, That notwithstanding 
any other provision of this Act, none of the funds made available by 
this Act shall be used to reduce the number of positions allocated to 
taxpayer service activities below fiscal year 1984 levels, or to reduce 
the number of positions allocated to any other direct tsixpayer 
assistance functions below fiscal year 1984 levels, including, but not 
limited to Internal Revenue Service toll-free telephone tax law 
assistance and walk-in assistance available at Internal Revenue 
Service field offices: Provided further, That the Internal Revenue 
Service shall fund the Tax Counseling for the Elderly Program at 
$2,650,000. The Internal Revenue Service shall absorb within exist-
ing funds the administrative costs of the program in order that the 
full 
$2,650,000 can be devoted 
to program 
requirements; 
$1,431,058,000. 
ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE 
SECTION 1. Not to exceed 4 per centum of any appropriation made 
available to the Internal Revenue Service for the current fiscal year 
by this Act may be transferred to any other Internal Revenue 
Service appropriation. 
SEC. 2. Not to exceed 15 per centum, or $15,000,000, whichever is 
greater, of any appropriation made available to the Internal Reve-
nue Service for document matching for the current fiscal year by 
this Act may be transferred to any other Internal Revenue Service 
appropriation for document matching. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-396 
UNITED STATES SECRET SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the United States Secret Service, 
including purcheise (not to exceed three hundred and forty-three 
vehicles for police-type use for replacement only and hire of pas-
senger 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; the 
conducting of and participating in firearms matches and presen-
tation of awards and for travel of Secret Service employees on 
protective missions without regard to the limitations on such 
expenditures in this or any other Act: Provided, That approval is 
obtained in advance from the House and Senate Committees on 
Appropriations; for repairs, alterations, and minor construction at 
the James J. Rowley Secret Service Training Center; for research 
and development; for making grants to conduct behavioral research 
in support of protective research and operations; not to exceed 
$12,500 for official reception and representation expenses; for pay-
ment in advance for commercial accommodations as may be nec-
essary to perform protective functions in fiscal year 1988; and for 
uniforms without regard to the general purcheise price limitation for 
the current fiscal year; $367,000,000, of which $5,000,000 shall 
remain available until expended for continued construction at the 
James J. Rowley Secret Service Training Center, and of which 
$29,911,000 shall be available for Presidential candidate protective 
activities pursuant to 18 U.S.C. 3056(aX7). 
! 
I 
DEPARTMENT OF THE TREASURY—GENERAL PROVISIONS 
I 
SECTION 101. Appropriations to the Treasury Department in this 
Act shall be available for uniforms or allowances therefor, as au-
thorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning; purchase of insurance for official motor vehicles operated 
' ' 
in foreign countries; 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 as 
authorized by 5 U.S.C. 3109. 
SEC. 102. 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 1954 unless the conduct of 
officers and employees of the Internal Revenue Service in connec-
tion with such collection complies with subsection (a) of section 805 
(relating to communication 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. 103. Not to exceed 2 per centum of any appropriations in this 
title for the Department of the Treasury may be transferred be-
tween such appropriations. However, no such appropriation shall be 
increased or decreased by more than 1 per centum and any such 
proposed transfers shall be approved in advance by the Committees 
on Appropriations of the House and Senate. 
101 STAT. 1329-397 
PUBLIC LAW 100-202—DEC. 22, 1987 
SEC. 104. None of the funds made available by this title may be 
used to place the United States Secret Service, the United States 
Customs Service, or the Bureau of Alcohol, Tobacco, and Firearms 
under the operation, oversight, or jurisdiction of the Inspector Gen-
eral of the Department of the Treasury. 
SEC. 105. The Department of the Treasury shall undertake a study 
analyzing the economic impact and administrative complexity 
resulting from section 453C of the Internal Revenue Code, and 
recommending revenue-neutral alternatives to this section which 
would minimize that impact and complexity. The study shall also 
analyze the impact of the effective date of section 453C on fiscal year 
taxpayers. The study shall be completed as soon as practicable but 
no later than August 15,1988. 
SEC. 106. Section 613a ^^a of the Tariff Act of 1930, as amended (19 
U.S.C. 1613b) is amended by inserting the following between subsec-
tion (aXSXiv) and subsection Qa): 
"(v) the equipping for law enforcement functions of any 
vessel, vehicle, equipment, or aircraft available for official 
i 
use by a State or local law enforcement agency if the 
conveyance will be used in joint law enforcement oper-
ations with the Customs Service. 
ii 
"(vi) the payment of overtime salaries, travel, fuel, train-
ing, equipment, and other similar costs of State and local 
law enforcement officers that are incurred in joint oper-
ations with the Customs Service.". 
" This title may be cited as the "Treasury Department Appropria-
tions Act, 1988". 
Postal Service 
Appropriation 
Act, 1988. 
TITLE II—UNITED STATES POSTAL SERVICE 
PAYMENT TO THE POSTAL SERVICE FUND 
For pajrment to the Postal Service Fund for revenue forgone on 
free and reduced rate mail, pursuant to subsection (c) of section 2401 
of title 39, United States Code; $517,000,000: Provided, That mail for 
overseas voting and mail for the blind shall continue to be free: 
39 use 403 note. Provided further. That six-day delivery and rural delivery of mail 
shall continue at 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 30,1988. 
PAYMENT TO THE POSTAL SERVICE FUND FOR NONPUNDED LIABILITIES 
For pa3mient to the Postal Service Fund for meeting the liabilities 
of the former Post Office Department to the Employees' Compensa-
tion Fund pursuant to 39 U.S.C. 2004, $1,000. 
^•••Copy read "Section 61.3b". 
m 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-398 
UNITED STATES POSTAL SERVICE—ADMINISTRATIVE PROVISIONS 
SECTION 1. None of the funds appropriated in this Act or made 
available by 39 U.S.C. 2401(a) shall be used by the United States 
Postal Service or any other governmental agency for the purpose of 
locating a regional mail distribution center in the Westchester 
Business Park on Westpark Drive in the Town of North Castle, New 
York, for a period of one hundred and eighty days. 
SEC. 2. Funds made available to the United States Postal Service 
pursuant to section 2401(a) of title 39, United States Code, shall be 
used hereafter to continue full postal service to the people of Holly 
Springs proper, including upgrading, remodeling, and improving the 
United States Post Office building located at 110 North Memphis 
Street, Holly Springs, Mississippi. 
This title may be cited as the "Postal Service Appropriation Act, 
1988". 
TITLE III—EXECUTIVE OFFICE OF T H E P R E S I D E N T 
Executive Office 
Appropriations 
^ 
ri 
Act, 1988. 
COMPENSATION OF THE PRESIDENT 
For compensation of the President, including an expense allow-
ance 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 
3 USC102 note. 
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 of the United States Code: Provided further. That 
none of the funds made available for official expenses shall be 
considered as taxable to the President. 
OFFICE OF ADMINISTRATION 
SALARIES AND EXPENSES 
For 
necessary 
expenses of the 
Office 
of 
Administration; 
$16,000,000 including services as authorized by 5 U.S.C. 3109 and 3 
U.S.C. 107, and hire of passenger motor vehicles. 
WHITE HOUSE CONFERENCE FOR A DRUG FREE AMERICA 
SALARIES AND EXPENSES 
For necessary expenses of the White House Conference for a Drug 
Free America, $2,500,000. 
THE WHITE HOUSE OFFICE 
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; including 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); not to exceed $20,000 for official entertainment ex-
101 STAT. 1329-399 
PUBLIC LAW 100-202—DEC. 22, 1987 
penses, to be available for allocation within the Executive Office of 
the President; $26,426,000. 
^'^ ' 
EXECUTIVE RESIDENCE AT THE WnrrE HOUSE 
-^ 
* 
OPERATING EXPENSES 
f 
/ 
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; $7,403,000, of which 
$2,400,000 for the repair of the face of the Executive Residence shall 
remain available until expended, to be expended and accounted for 
as provided by 3 U.S.C. 105,109-110,112-114. 
» 
OFFICIAL RESIDENCE OF THE VICE PRESIDENT 
OPERATING EXPENSES 
For the care, maintenance, repair and alteration, 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 $75,000 for official 
entertainment expenses of the Vice President, to be accounted for 
• 
' • 
solely on his certificate; $258,000: Provided, That advances or repay-
ments or transfers from this appropriation may be made to any 
department or agency for expenses of carr3dng out such activities. 
SPECIAL ASSISTANCE TO THE 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; $2,163,000. 
COUNCIL OF ECONOMIC ADVISERS 
SALARIES AND EXPENSES 
For necessary expenses of the Council in cariying out its functions 
under the Employment Act of 1946 (15 U.S.C. 1021); $2,500,000. 
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; 
t 
$3,000,000. 
NATIONAL CRITICAL MATERIALS COUNCIL 
SALARIES AND EXPENSES 
For necessary expenses of the National Critical Materials Council, 
including activities as authorized by Public Law 98-373; $350,000. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-400 
NATIONAL SECURITY COUNCIL 
SALARIES AND EXPENSES 
For necessary expenses of the National Security Council, includ-
ing services as authorized by 5 U.S.C. 3109; $5,000,000. 
OFFICE OF MANAGEMENT AND BUDGET 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles, services as authorized by 
5 U.S.C. 3109; $39,000,000 of which not to exceed $4,500,000 shall be 
available to carry out the provisions of 44 U.S.C, chapter 35: 
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 provi-
sions 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 review of the transcript of actual testimony of 
witnesses, except for testimony of officials of the Office of Manage-
ment and Budget, before the Committee on Appropriations or the 
Committee on Veterans' Affairs or their subcommittees: Provided 
further. That this proviso shall not apply to printed hearings re-
leased by the Committee on Appropriations or the Committee on 
Veterans' Affairs: Provided further. That none of the funds made 
available by this Act or any other Act shall be used to reduce the 
scope or publication frequency of statistical data relative to the 
operations and production of the alcoholic beverage and tobacco 
industries below fiscal year 1985 levels: Provided further, That none 
of the funds appropriated by this Act shall be available to the Office 
of Management and Budget for revising, curtailing or otherwise 
amending the administrative and/or regulatory methodology em-
ployed by the Bureau of Alcohol, Tobacco and Firearms to assure 
compliance with section 205, title 27 of the United States Code 
(Federal Alcohol Administration Act) or with regulations, rulings or 
forms promulgated thereunder. 
OFFICE OF FEDERAL PROCUREMENT POUCY 
SALARIES AND EXPENSES 
For expenses of the Office of Federal Procurement Policy, includ-
ing services as authorized by 5 U.S.C. 3109; $2,300,000. 
UNANTICIPATED NEEDS 
For expenses necessary to enable the President to meet unantici-
pated needs, in furtherance of the national interest, security, or 
defense which may arise at home or abroad during the current ^scal 
year; $1,000,000. 
101 STAT. 1329-401 
PUBLIC LAW 100-202—DEC. 22, 1987 
Independent 
Agencies 
Appropriations 
Act, 1988. 
This title may be cited as the "Executive Office Appropriations 
Act, 1988". 
TITLE IV—INDEPENDENT AGENCIES 
ADMINISTRATIVE CONFERENCE OF THE UNITED STATES 
,-
SALARIES AND EXPENSES 
For necessary expenses of the Administrative Conference of the 
United States, established by the Administrative Conference Act, as 
amended (5 U.S.C. 571 et seq.) including not to exceed $1,000 for 
official reception and representation expenses; $1,865,000. 
ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS 
SALARIES AND EXPENSES 
For expenses necessary to carry out the provisions of the Advisory 
Commission on Intergovernmental Relations Act of 1959, as 
amended, 42 U.S.C. 4271-79; $1,378,000, and additional amounts not 
to exceed $200,000, collected from the sale of publications shall be 
credited to and used for the purposes of this appropriation. 
ADVISORY COMMITTEE ON FEDERAL PAY 
SALARIES AND EXPENSES 
For necessary expenses of the Advisory Committee on Federal 
Pay, established by 5 U.S.C. 5306; $200,000. 
COMMITTEE FOR PURCHASE FROM THE BUND AND OTHER SEVERELY 
HANDICAPPED 
A,>5 
SALARIES AND EXPENSES 
For necessary expenses of the Committee for Purchase From the 
Blind and Other Severely Handicapped established by the Act of 
June 23,1971, Public Law 92-28, $850,000. 
FEDERAL ELECTION COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses to carry out the provisions of the Federal 
Election Campaign Act of 1971, as amended, $14,174,000. 
GENERAL SERVICES ADMINISTRATION 
FEDERAL BUILDINGS FUND 
LIMITATIONS ON AVAILABILITY OF REVENUE 
The revenues and collections deposited into the Fund established 
pursuant to section 210(f) of the Federal Property and Administra-
tive Services Act of 1949, as amended (40 U.S.C. 490(f)), 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 build-
ings; rental of buildings in the District of Columbia; restoration of 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-402 
leased premises; moving Government agencies (including space 
adjustments) in connection with the assignment, allocation and 
transfer of space; contractual services incident to cleaning or servic-
ing 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, con-
demnation, or as otherwise authorized by law; conversion and exten-
sion 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, taxes, and any other obligations for public buildings ac-
quired by purchase contract, in the aggregate amount of 
$2,854,052,000 of which (1) not to exceed $115,036,000 shall remain 
available until expended for construction of additional projects at 
locations and at maximum construction improvement costs (includ-
ing funds for sites and expenses) as follows: 
New Construction: 
Arizona: 
Tucson, Federal Law Enforcement Building, Site acquisi-
tion only, $1,500,000 
District of Columbia: 
International 
Cultural 
and 
Trade 
Center, 
Design, 
$3,700,000 (to be transferred to the Pennsylvania Avenue 
Development Corporation for reimbursement) 
Louisiana: 
Baton Rouge, Federal Building and Courthouse, Design, 
$3,000,000 
Michigan: 
Detroit, Ambassador Bridge Cargo Inspection Facility, 
Site, $3,800,000 
* * 
New Jersey: 
Camden, Federal Building, Courthouse Annex, Site and 
Design, $1,486,000 
Virgin Islands: 
St. Croix, Federal Building, Courthouse, Site, $550,000 
Construction Projects, less than $500,000, $1,000,000.25 
Other 
Selected 
Purchases 
including 
options 
to 
purchase, 
$100,000,000: 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 by not to 
exceed 10 per centum: Provided further. That all funds for direct 
construction projects shall expire on September 30, 1989, 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 claims sigainst 
the Government of less than $50,000 arising from direct construc-
tion projects, acquisitions of buildings and purchase contract 
projects pursuant to Public Law 92-313, be liquidated with prior 
notification to the Committees on Appropriations of the House and 
Senate to the extent savings are effected in other such projects; (2) 
not to exceed $472,945,000 which shall remain available until ex-
pended, for repairs and alterations: Provided further, That funds in 
the Federal Buildings Fund for Repairs and Alterations shall, for 
prospectus projects, be limited to the amount by project as follows, 
"Copy read "$1,000,000:". 
101 STAT. 1329-403 
PUBLIC LAW 100-202—DEC. 22, 1987 
except each project may be increased by an amount not to exceed 10 
per centum unless advance approval is obtained from the Commit-
tees on Appropriations of the House and Senate for a greater 
amount: 
Repairs and Alterations: 
Alabama: 
Birmingham, Federal Building, Courthouse, $3,899,000 
California: 
Fresno, Sisk Federal Building, Courthouse, $2,879,000 
Los Angeles, Federal Building, $10,422,000 
San Francisco, Federal Building, Courthouse, $16,962,000 
District of Columbia: 
. ' 
Central Heating Plant, $15,500,000 
West Heating Plant, $9,201,000 
Elevator Replacement, $26,700,000 
Forrestal Building, $2,578,000 
GSA Regional Office Building, $1,036,000 
Agriculture Administration Building, $530,000 
Agriculture South Building, $3,360,000 
Courthouse, $1,887,000 
•' 
Perkins Federal Building, $1,644,000 
GSA Headquarters. $929,000 
Hoover Federal Building, $1,627,000 
" 
Department of the Interior, $1,858,000 
New Post Office, $1,006,000 
Veterans Administration, $1,355,000 
Florida: 
'^ 
Miami, Federal Building, $11,481,000 
West Palm Beach, Post Office, $2,900,000 
Georgia: 
Atlanta, Federal Annex, $2,400,000 
East Point, Federal Archives and Records Center, 
$1,102,000 
Illinois: 
Chicago, 
Dirksen 
Federal 
Building, 
Courthouse 
$7,334,000 
East St. Louis, Post Office, Courthouse, $3,762,000 
Iowa: 
;!! 
Des Moines, Federal Building, $1,300,000 
'" 
Louisiana: 
New Orleans, F. Edward Hubert Federal Building, 
$12,525,000 
Maryland: 
Baltimore, Appraisers Stores, $2,668,000 
, . 
Bethesda, Federal Building, $700,000 
Boston, McCormack Post Office, Courthouse, $2,200,000 
Missouri: 
St. Louis, Mart Federal Building, $28,964,000 
St. Louis, Federal Center # 104, $8,983,000 
New Jersey: 
Trenton, Post Office, Courthouse, $2,823,000 
* 
New York: 
' ; 
Brooklyn, Federal Building No. 2, $11,472,000 
* 
New York, Foley Square Courthouse, $4,655,000 
* 
New York, 201 Varick Street, $14,475,000 
North Carolina: 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-404 
Raleigh, Federal Building, Post Office, Courthouse, 
$9,640,000 
Pennsylvania: 
Philadelphia, Byrne Courthouse, $6,875,000 
Pittsburgh, Post Office, Courthouse, $16,572,000 
Texas: 
San Antonio, Post Office, Courthouse, $8,154,000 
Virginia: 
Arlington, Federal Building No. 2, $4,080,000 
Arlington, Pentagon, $8,080,000 
Minor Repairs and Alterations, $167,427,000 
Capital Improvements of United States-Mexico Border Facilities: 
Nogales, AZ 
Mariposa, $174,330 
Grand Ave., $375,310 
Morley Gate, $64,000 
Calexico, CA 
New Station, $1,000,000 
New Dock/Office, $411,320 
R&A, $274,430 
El Paso, TX 
Ysleta, $2,651,320 
Bridge of the Americas, $442,200 
Paso del Norte, $2,850,000 
Laredo, TX 
Juarez-Lincoln Bridge, $5,745,000 
Replace RR Bldg., $118,000 
Convent St., $151,710 
Brownsville, TX 
Gateway: 
Security, $14,661 
Expand Lanes, $46,135 
R&A, $67,204 
B&M Bridge, $1,173,000 
Los Indios Bridge, $510,000 
, 
San Ysidro/Otay Mesa, CA 
Virginia St., $75,000 
Safety Work, $1,601,000 
' 
R&A, $612,000 
Improve Commercial Lot, $456,950 
Firearms Range, $350,000 
Reconfigure Lanes, $310,000 
' 
Signs/Security, $517,000 
/ 
Andrade, CA, $143,000 
Antelope Wells, NM, $14,000 
Columbus, NM, $100,000 
Fabens, TX, $100,000 
Fort Hancock, TX, $100,000 
Lukeville, AZ, $148,000 
Marathon, TX, $50,000 
Naco, AZ, $65,000 
Presidio, TX, $100,000 
Progress©, TX, $100,000 
Roma, TX, $100,000 
San Luis, AZ, $79,000 
Del Rio, TX 
Expand Lanes, $270,000 
101 STAT. 1329-405 
PUBLIC LAW 100-202—DEC. 22, 1987 
j^ 
Security, $250,000 
Replace Station, $3,640,000 
Los Ebanos, TX, $520,000 
Douglas, AZ, $228,000 
Eagle Pass, TX, $480,000 
' 
< 
Rio Grande City, TX, $510,000 
Tecate, CA, $338,000 
Hildago, TX, $289,510 
Falcon Dam, TX, $400,000 
Santa Teresa, NM, $663,000: 
Provided, That by no later than July 30, 1988, the Administrator of 
General Services shall assess the level of unobligated balances, if 
any, in the Federal Buildings Fund and request reprogramming of 
such balances, not to exceed $12,000,000, to provide additional fund-
ing for the United States-Mexico Border Facility projects in this Act: 
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 Appropria-
tions of the House and Senate: Provided further, That all funds for 
repairs and alterations prospectus projects shall expire on Septem-
ber 30,1989, 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; (3) not to exceed 
$133,105,000 for payment on purchase contracts entered into prior to 
July 1, 1975; (4) not to exceed $1,169,532,000 for rental of space; (5) 
not to exceed $805,384,000 for real property operations; (6) not to 
exceed $48,014,000 for program direction and centralized services; 
and (7) not to exceed $110,036,000 for design and construction serv-
ices which shgdl remain available until expended: Provided further, 
That the Administrator of (Jeneral Services is hereby directed to 
enter into a contract for construction of a building in Oakland, 
California, on a site donated by the city of Oakland. The contract 
shall provide, by lease or installment payments over a period not to 
exceed 30 years, for the pajnnent of the purchase price, which shall 
not exceed $141,700,000, and reasonable interest thereon. The con-
tract shall further provide that title to the building shall vest in the 
United States at or before the expiration of the contract term upon 
fulfillment of the terms and conditions of the contract: Provided 
further. That the Administrator of the GSA is hereby directed to 
enter into an agreement, pursuant to a competitive selection 
process, for the lease-purchase of a building in San Francisco, 
California, during fiscal year 1988 of approximately 430,000 office 
occupiable square feet on a site donated by that city: Provided 
further. That the agreement shall provide for annual lease or 
installment pajrments from funds available for the rental of space in 
the Federal Buildings Fund over a period not to exceed 30 years for 
the pajrment of the purchase price of such building, and shall 
provide for title to the building to vest in the United States on or 
before the expiration of the contract term upon fulfillment of the 
terms and conditions of the agreement: Provided further. That 
additional space may be acquired if the Administrator finds such 
space to be in the public interest and will not reduce the occupiable 
Federal space to be available in the Oakland Federal Building. The 
Oakland Building shall, when completed be fully occupied by federal 
agencies and continued full occupancy shall have the highest prior-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-406 
ity consistent with the Federal ^^ interest: Provided further, That 
for the purposes of this authorization, buildings constructed pursu-
ant to the Public Buildings Purchase Contract Act of 1954 (40 U.S.C. 
356), the Public Buildings Amendments of 1972 (40 U.S.C. 490), 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 Adminis-
tration shall be considered to be federally owned buildings: Provided 
further. That none of the funds available to the General Services 
Administration with the exception of those for Capital Improve-
ments for United States-Mexico Border Facilities; Other Approved 
Border Facility projects; and the San Francisco, California Federal 
building project, shall be available for expenses in connection with 
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 in connec-
tion with the development of a proposed prospectus: Provided fur-
ther. That notwithstanding any other provision of law, the Adminis- Contracts. 
trator of General Services is authorized, under section 210(h) of the 
Federal Property and Administrative Services Act of 1949, to ac-
quire the building in Chicago, Illinois, approved under this heading 
in fiscal year 1987, from any commercial or private entity, through a 
lease to ownership transaction. Said lease shall not exceed 30 years, 
on such terms and conditions as he deems appropriate. These terms 
and conditions may include an option to permit the Federal Govern-
ment, if the Administrator deems that it is in the best interest of the 
Federal Government, to execute a succeeding lease: Provided fur-
ther. That funds available in the Federal Buildings Fund may be 
expended for emergency repairs when advance approval is obtained 
from the Committees on Appropriations of the House and Senate: 
Provided further. That not later than 60 days after the date of the 
enactment of this Act, the Administrator of General Services shall 
submit under the Public Buildings Act of 1959, a prospectus for 
acquiring by purchase or lease-purchase (1) a building which ia not 
to exceed 1,400,000 occupiable square feet for the Environmental 
Protection Agency in the Washington metropolitan area, and (2) a 
building which is not to exceed 1,800,000 occupiable square feet for 
the Department of Transportation. The lease-purchase shall provide 
for annual lease or installment payments from funds available for 
the rental of space in the Federal Buildings Fund over a period not 
to exceed 30 years for the payment of the purchase price of such 
building and reasonable interest thereon and shall provide for title 
to the building to vest in the United States on or before the last day 
of the term of the lease-purchase transaction. If a lease-purchase 
prospectus for a building described in this paragraph is approved 
under the Public Buildings Act of 1959, the Administrator of Gen-
ered Services may enter into a transaction for the lease-purchase of 
such building in accordance with the terms specified in such ap-
proved prospectus and applicable provisions of law and may make 
annued lease or installment payments from funds available for the 
rental of space in such fund: Provided further. That amounts nec-
essary to provide reimbursable specisd services to other agencies 
under section 210(fK6) of the Federal Property and Administrative 
'• Copy read "federal". 
101 STAT. 1329-407 
PUBLIC LAW 100-202—DEC. 22, 1987 
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 pursusmt to 18 U.S.C. 
3056, as amended, shall be available from such revenues and collec-
tions: Provided further. That revenues and collections and any other 
sums accruing to this fund during fiscal year 1988 excluding re-
imbursements under section 210(fX6) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 490(fK6)) in excess of 
$2,854,052,000 shall remain in the Fund and shall not be available 
for expenditure except as authorized in appropriation Acts. 
FEDERAL SUPPLY SERVICE 
OPERATING EXPENSES 
For expenses authorized by law, not otherwise provided for, nec-
essary for property management activities, utilization of excess and 
disposal of surplus personal property, rehabilitation of personal 
•' 
' 
property, transportation management activities, transportation 
audits by in-house personnel, procurement, and other related supply 
management activities through September 30, 1988, and supply 
distribution (including contractual services incident to receiving, 
handling and shipping supply items), procurement (including roy-
alty payments), inspection, standardization, and related supply oper-
ations activities not later than March 31, 1987, including services as 
authorized by 5 U.S.C. 3109; $69,600,000: Provided, That notwith-
standing any other provisions of law, costs incurred during the 
period October 1, 1987, through March 31, 1987, directly related to 
supply operations activities, not covered by this appropriation, shall 
be recorded as costs in the CJeneral Supply Fund, (Jeneral Services 
Administration: Provided further. That the annual limitation of 
$5,200,000 through September 30, 1989, in the Supplemental Appro-
priations Act, 1985, Public Law 99-88, payable from overcharges 
collected, for expenses of transportation audit contracts and con-
tract administration, is hereby superseded by Public Law 99-627 
establishing permanent authority for these expenses at not to 
exceed 40 percent of the overpayments collected annually. 
FEDERAL PROPERTY RESOURCES SERVICE 
OPERATING EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for carrying 
out the functions of the Administrator with respect to utilization of 
excess real property; the disposal of surplus real property, the 
utilization survey, deed compliance inspection, appraisal, environ-
mental and cultural analysis, and land use planning functions 
pertaining to excess and surplus real property; the National Defense 
Stockpile established by the Strategic and Critical Materials Stock 
Piling Act, as amended (50 U.S.C. 98 et seq.), the Defense Production 
Act of 1950, as amended (50 U.S.C. App. 2061 et seq.) including 
services as authorized by 5 U.S.C. 3109 and reimbursement for 
recurring security guard service; $12,000,000 to be derived from 
proceeds from transfers of excess real property and disposal of 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-408 
surplus real property and related personal property, subject to the 
provisions of the Land and Water Conservation Fund Act of 1965, as 
amended (16 U.S.C. 4601-5), and in addition, $30,000,000 for the 
transportation, processing, refining, storage, security, maintenance, 
rotation, and disposal of materials contained in or acquired for the 
stockpile by reimbursement from the National Defense Stockpile 
Transaction Fund. 
NATIONAL DEFENSE STOCKPILE TRANSACTION FUND 
SECTION 1. During the fiscal year ending September 30, 1988, not 
to exceed $35,000,000, in addition to amounts previously appro-
priated, all to remain available until expended, may be obligated 
from amounts in the National Defense Stockpile Transaction Fund, 
for the acquisition and upgrading of strategic and critical materials 
under section 6(a) (1) and (3) of the Strategic and Critical Materials 
Stock Piling Act (50 U.S.C. 98e(a) (1) and (3)), transportation, storage, 
and other incidental expenses related to such acquisition and up-
grades, development of current specifications of stockpile materials 
and the upgrading of existing stockpile materials to meet current 
specifications (including transportation, when economical, related to 
such upgrading), testing and quality studies of stockpile materials, 
stud3ring future material and mobilization requirements for the 
stockpile and other reasonable requirements for management of the 
stockpile, including relocation, operating, and management ex-
penses incident to operating the stockpile, are hereby authorized to 
the extent provided in Appropriations Acts. 
SEC. 2. For the fiscal year ending September 30, 1988, in addition 
to the funds previously appropriated for the National Defense Stock-
pile Transaction Fund, notwithstanding the provisions of 50 U.S.C. 
98h, there are hereby appropriated $10,000,000 under this heading 
and $9,000,000 in section 101(b) of this joint resolution, to remain 
available until expended, the amounts to be allocated for the follow-
ing projects: 
University of Hawaii at Manoa pursuant to 50 U.S.C. 98a and 
98g(a), for a grant for construction of a strategic materials 
research facility, $5,000,000; 
University of Utah pursuant to 50 U.S.C. 98a and 98g(aX2XC) 
for a grsuit to pay the Federal share of the cost of construction 
and equipment 
for 
a Center for Biomedical 
Poljnners, 
$4,000,000; 
University of Massachusetts at Amherst pursuant to 50 
U.S.C. 98a and 98g(a) for a grant for continued construction of a 
strategic materials research facility, $5,000,000; 
University of Arizona pursuant to 50 U.S.C. 98a and 
98g(aX2XC) for a grant to pay the Federal share of the cost of 
construction and equipment for a Center for Advanced Studies 
for Copper Recovery and Utilization, $4,000,000; and 
University of New Mexico pursuant to 50 U.S.C. 98 a and g for 
a grant to study replacements for metallic alloys that use 
critical materials, $1,000,000. 
101 STAT. 1329-409 
PUBLIC LAW 100-202—DEC. 22, 1987 
GENERAL MANAGEMENT AND ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses of agency management of activities under 
the control of the General Services Administration, and general 
administrative and staff support services not otherwise provided for; 
for providing accounting, records management, and other support 
incident to adjudication of Indian Tribal Claims by the United 
States Court of Claims, and services authorized by 5 U.S.C. 3109; 
$122,500,000, of which $800,000 shall be available only for, and is 
hereby specifically earmarked for personnel and associated costs in 
support of Congressional District and Senate State offices: Provided, 
That this appropriation shall be available, subject to reimbursement 
by the applicable agency, for services performed for other agencies 
pursuant to subsections (a) and Qo) of section 1535 of title 31, United 
States Code. 
REAL PROPERTY RELOCATION 
For expenses not otherwise provided for, $5,000,000, to remain 
available until expended, necessary for carrjring out the functions of 
the Administrator with respect to relocation of Federal agencies 
from property which has been determined by the Administrator to 
be other than optimally utilized under the provisions of section 
210(e) of the Federal Property and Administrative Services Act of 
1949, as amended: Provided, That such relocations shall only be 
undertaken when the estimated proceeds from the disposition of the 
original facilities approximate the appraised fair market value of 
such new facilities and exceed the estimated costs of relocation. 
Relocation costs include expenses for and associated with acquisition 
of sites and facilities, and expenses of moving or repurchasing 
equipment and personal property. These funds may be used for 
pa5rments to other Federal entities to accomplish the relocation 
functions: Provided further, That nothing in this paragraph shall be 
construed as relieving the Administrator of General Services or the 
head of any other Federal agency from any obligation or restriction 
under the Public Buildings Act of 1959 (including any obligation 
concerning submission and approval of a prospectus), the Federal 
Property and Administrative Services Act of 1949, as amended, or 
any other Federal law, or as authorizing the Administrator of 
General Services or the head of any other Federal agency to take 
actions inconsistent with statutory obligations or restrictions placed 
upon the Administrator of General Services or such agency head 
with respect to authority to acquire or dispose of real property. 
INFORMATION RESOURCES MANAGEMENT SERVICE 
*
" 
OPERATING EXPENSES 
For expenses authorized by law, not otherwise provided for, nec-
essary for carrying out Government-wide and internal responsibil-
ities relating to automated data management, telecommunications, 
information resources management, and related activities, including 
services as authorized by 5 U.S.C. 3109; and for the Information 
Security Oversight Office established pursuant to Executive Order 
12356; $31,193,000. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-410 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General; 
$24,334,000: 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. 
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS 
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; $1,198,000: 
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 SERVICES ADMINISTRATION—GENERAL PROVISIONS 
SECTION 1. The appropriate appropriation or fund available to the 
General Services Administration shall be credited with the cost of 
operation, protection, maintenance, upkeep, repair, and improve-
ment, included as part of rentals received from Government cor-
porations pursuant to law (40 U.S.C. 129). 
SEC. 2. Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles. 
SEC. 3. Not to exceed 1 per centum of funds made available in 
appropriations for operating expenses and salaries and expenses, 
during the current fiscal year, may be transferred between such 
appropriations for mandatory program requirements. Any transfers 
proposed shall be submitted promptly to the Committees on Appro-
priations of the House and Senate for approval. 
SEC. 4. Funds in the Federal Buildings Fund made available for 
fiscal year 1988 for Federal Buildings Fund activities may be trans-
ferred between such activities only to the extent necessary for 
mandatory program requirements. Any transfers proposed shall be 
submitted promptly to the Committees on Appropriations of the 
House and Senate for approval. 
SEC. 5. Funds hereafter made available to the General Services 40 USC 490d. 
Administration for the payment of rent shall be available for the 
purpose of leasing, for periods not to exceed thirty years, space in 
buildings erected on land owned by the United States. 
SEC. 6. The Bureau of Mines should completely vacate all space at 
the Columbia Plaza building no later than September 30, 1988. In 
the event that it becomes necessary to acquire leased space for the 
Bureau of Mines, the Administrator of General Services shall 
competitively acquire space for the Bureau of Mines and select 
quality space at the lowest possible cost in the Weishington Metro-
politan Area. If such space is acquired by GSA, the Bureau of Mines 
shall immediately relocate to the space acquired by the GSA. 
SEC. 7. (a) The General Accounting Office shall, within 60 days 
after the date of enactment of this Act, submit an estimate of the 
fair market value of the main post office in Denver, Colorado, 
located at 1823 Stout Street to the General Services Administration, 
the Congress of the United States, the United States Postal Service, 
and the Administrative Office of the United States Courts. 
Qa) Within 30 days after obtaining the estimate made pursuant to 
subsection (a) the United States Postal Service shall transfer the use 
101 STAT. 1329-411 
PUBLIC LAW 100-202—DEC. 22, 1987 
and benefit of the lot on which the main post office in Denver is 
located along with such post office building, improvements and any 
other structures on such lot to the General Services Administration, 
and from such date such lot and structures shall be considered to be 
held for the use and benefit of the United States courts for the 
Tenth Circuit. 
(c) In making the transfer pursuant to subsection (bX the General 
Services Administration and the United States Postal Service shall 
use, as the market value of such property, the estimate submitted by 
the General Accounting Office pursuant to this section and the 
United States Postal Service shall receive as compensation therefor, 
the fair market value of such lot, buildings and improvements, as 
determined by the General Accounting Office. 
(d) The United States Postal Service shall surrender possession of 
the second, third and fourth floors of such post office building to the 
General Services Administration not later than 1 year after the date 
of the transfer thereof as provided in this section and, except as 
provided in subsection (e), shall surrender possession of the balance 
of such post office building not later than 2 years after such date. 
(e) The Genersd Services Administration shall permit the United 
States Postal Service to continue to occupy such area on the first 
floor of such main post office building not in excess of 18,000 square 
feet as shall be determined by the General Services Administration 
after consultation with the Administrative Office of the United 
States Courts and the United States Postal Service. 
(f) Pursuant to section 210(f) of the Federal Property and Adminis-
trative Service Act of 1949, the Administrator of Genered Services is 
authorized to charge the United States Postal Service for all space 
and services furnished to the United States Postal Service in such 
main post office building after the date of the conveyance provided 
in this section. 
(g) Notwithstanding any other provision of law, the General Serv-
ices Administration is hereby authorized to sell, at competitive bid, 
block 111, located at 20th and Curtis Streets in Denver, Colorado, 
and to deposit such sale proceeds into the Federal Buildings Fund. 
(h) There are authorized to be appropriated such sums as are 
necessary to cover the costs of obtaining such post office building for 
the courts for the Tenth Circuit. Such costs shall include— 
(1) amounts necessary to transfer the lot, main post office 
building, improvements and any other structures on such lot 
pursuant to subsection (h); 
(2) appropriate renovations of such post office building for the 
Tenth Circuit to use such building as the principal office of such 
courts; and 
(3) the transfer of such courts from their current building to 
such post office building. 
(i) There are hereby appropriated, out of the Federal Buildings 
Fund, such sums as may be necessary to carry out the purposes of 
subsection (h). 
Contracts. 
SEC. 8. The Administrator of General Services is hereby directed 
to submit a prospectus to the Congress within 60 days to enable the 
Administrator to contract for construction of two buildings not to 
exceed a total of 1,600,000 gross square feet of office space, plus 
additional parking and retail space, in New York City on sites to be 
acquired from the city of New York. The contracts shall provide, by 
lease or installment payments over a period not to exceed 30 years, 
from funds available for the rental of space in the Federal Buildings 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-412 
Fund for the payment of the purchase price, and reasonable interest 
thereon. The contracts shall further provide that title to the build-
ings shall vest in the United States at or before expiration of the 
contract term upon fulfillment of the terms and conditions of the 
contracts. If a lease-purchase prospectus for a building described in 
this paragraph is approved under the Public Buildings Act of 1959, 
the Administrator of General Services may enter into a transaction 
for the lease-purchase of such building in accordance with the terms 
specified in such approved prospectus and applicable provisions of 
law and may make annual lease or installment payments from the 
funds available for the rental of space in such Fund. The General 
Services Administration shall lease up to 400,000 square feet of 
office space and associated parking to the city of New York at rates 
that reflect an appropriate portion of the construction and related 
costs of the projects, adjusted for the value of the land acquired from 
the city. In addition, income accrued by the General Services 
Administration from the outlease of office space to the city as well 
as retail and related space to private organizations shall be used to 
offset GSA's installment payments for the cost of the facilities. 
Obligations of funds under these transactions shall be limited to the 
current fiscal year for which payments are due without regard to 31 
U.S.C. 1341(aXlXB). 
SEC. 9. The Administrator of General Services shall proceed with 
the site selection and design for construction of a facility of not less 
than 182,000 usable square feet for the Social Security Administra-
tion in Wilkes-Barre, Pennsylvania, pursuant to section 115 of the 
joint resolution entitled, "A Joint Resolution making continuing 
appropriations for the flscal year 1987 and for other purposes', 
approved October 30, 1986 (100 Stat. 3341-49; Public Law 99-591). 
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 
OPERATING EXPENSES 
For necessary expenses in connection with National Archives and 
Records Administration 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, 
$116,000,000 of which $4,000,000 for allocations and grants for 
historical publications and records as authorized by 44 U.S.C. 2504, 
as amended, shall remsiin available until expended, and of which 
$6,000,000 for design and planning of a new archival facility in 
Marylgmd shall remain available until expended. 
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 per-
formed 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, and advances for reimbursements to 
101 STAT. 1329-413 
PUBLIC LAW 100-202—DEC. 22, 1987 
applicable funds of the Office of Personnel Management and the 
Federal Bureau of Investigation for expenses incurred under Execu-
tive Order 10422 of January 9, 1953, as amended; $101,834,000 in 
addition to $67,746,000 for administrative expenses for the retire-
ment and insurgince programs to be transferred from the appro-
priate trust funds of the Office of Personnel Management in the 
amounts determined by the Office of Personnel Management with-
out regard to other statutes: Provided, That the provisions of this 
appropriation shall not affect the authority to use applicable trust 
funds as provided by section 8348(aXlXB) of title 5, U.S.C.: 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 
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 11183 of October 3, 1964, may, 
during the fiscal year ending September 30, 1988, 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. 
REVOLVING FUND 
Pursuant to section 4109(d)(1) of title 5, United States Code, costs 
for entertainment expenses of the President's Commission on Execu-
tive Exchange shall not exceed $12,000. 
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, $1,788,931,000, to remain available until 
expended. 
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND 
For financing the unfunded liability of new and increased annuity 
benefits becoming effective on or after October 20, 1969, as au-
thorized by 5 U.S.C. 8348, and annuities under special Acts to be 
credited to the Civil Service Retirement and Disability Fund, 
33 use 776. 
$4,720,913,000: Provided, That annuities authorized by the Act of 
May 29, 1944, as amended (22 U.S.C. 3682(e)), August 19, 1950, as 
amended (33 U.S.C. 771-75), may hereafter be paid out of the Civil 
Service Retirement and Disability Fund. 
,. , 
^, 
0 
X
? 
'^ 
MERIT SYSTEMS PROTECTION BOARD 
SALARIES AND EXPENSES 
' 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses to carry out functions of the Merit Sys-
tems Protection Board pursuant to Reorganization Plan Numbered 
2 of 1978 and the Civil Service Reform Act of 1978, including 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-414 
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; $20,957,000, together with not to exceed $1,200,000 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. 
OFFICE OF SPECIAL COUNSEL 
SALARIES AND EXPENSES 
For necessary expenses to carry out functions of the Office of the 
Special Counsel pursuant to Reorganization Plan Numbered 2 of 
1978 and the Civil Service Reform Act of 1978 (Public Law 95-454), 
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; $4,673,000 
FEDERAL LABOR RELATIONS AUTHORITY 
SALARIES AND EXPENSES 
For necessary expenses to carry out functions of the Federal 
Labor Relations Authority, pursuant to Reorganization Plan Num-
bered 2 of 1978, and the Civil Service Reform Act of 1978, including 
services as authorized by 5 U.S.C. 3109, including hire of experts and 
consultants, hire of passenger motor vehicles, rental of conference 
rooms in the District of Columbia and elsewhere; $17,576,000: Pro-
vided, 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 intermit-
tently in the Government Service, and compensation as authorized 
by 5 U.S.C 3109. 
UNITED STATES TAX COURT 
SALARIES AND EXPENSES 
For necessary expenses, including contract reporting and other 
26 USC 7443 
services as authorized by 5 U.S.C. 3109; $27,500,000: Provided, That 
note. 
travel expenses of the judges shall be paid upon the written certifi-
cate of the judge. 
This title may be cited as the "Independent Agencies Appropria-
tions Act, 1988". 
TITLE V—GENERAL PROVISIONS 
THIS ACT 
SECTION 501. Where appropriations in this Act are expendable for 
travel expenses of employees and no specific limitation has been 
placed thereon, the expenditures for such travel expenses may not 
exceed the amount set forth therefor in the budget estimates 
submitted for the appropriations: Provided, That this section shall 
not apply to travel performed by uncompensated officials of local 
boards and appeal boards of the Selective Service System; to travel 
performed directly in connection with care and treatment of medical 
beneficiaries of the Veterans' Administration; to travel of the Office 
101 STAT. 1329-415 
PUBLIC LAW 100-202—DEC. 22, 1987 
of Personnel Management in carrying out its observation respon-
sibilities of the Voting Rights Act; or to payments to interagency 
motor pools where separately set forth in the budget schedules. 
SEC. 502. No part of any appropriation contained in this Act shall 
be available to pay the salary of 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 satisfac-
torily completed his period of active military or naval service and 
has within ninety days after his release from such service or from 
hospitalization continuing after discharge for a period of not more 
than one year made application for restoration to his former posi-
tion 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. 503. No part of any appropriation made available in this Act 
shall be used for the purchase or sale of real estate or for the 
purpose of establishing new offices inside or outside the District of 
Columbia: Provided, That this limitation shall not apply to pro-
grams which have been approved by the Congress and appropria-
tions made therefor. 
SEC. 504. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein. 
Contracts. 
SEC. 505. The expenditure of any appropriation under this Act for 
Public 
any consulting service through procurement contract, pursuant to 5 
intormation. 
^.S.C. 3109, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public inspec-
tion, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law. 
SEC. 506. No part of any appropriation contained in this Act shall 
be available for the procurement of, or for the payment of, the 
salary of any person engaged in the procurement of any hand or 
measuring tool(s) not produced in the United States or its posses-
sions except to the extent that the Administrator of General Serv-
ices or his designee shall determine that a satisfactory quality and 
sufficient quantity of hand or measuring tools produced in the 
a- 
United States or its possessions cannot be procured as and when 
needed from sources in the United States £ind its possessions, or 
except in accordance with procedures prescribed by section 6-
104.40t>) of Armed Services Procurement Regulation dated January 
1, 1969, as such regulation existed on June 15, 1970: Provided, That 
a factor of 75 per centum in lieu of 50 per centum shall be used for 
evaluating foreign source end products against a domestic source 
end product. This section shall be applicable to all solicitacions for 
bids opened after its enactment. 
40 use 490c. 
SEC. 507. None of the funds made available to the General Serv-
ices Administration pursuemt to section 210(f) of the Federal Prop-
erty and Administrative Services Act of 1949 shall be obligated or 
expended after the date of enactment of this Act for the procure-
ment by contract of any service which, before such date, was per-
formed by individuals in their capacity as employees of the General 
Services Administration in any position of guards, elevator opera-
tors, messengers, and custodians, except that such funds may be 
obligated or expended for the procurement by contract of the cov-
ered services with sheltered workshops emplo3ring the severely 
handicapped under Public Law 92-28. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-416 
SEC. 508. No funds appropriated in this Act shall be avedlable for 
administrative expenses in connection with implementing or enforc-
ing any provisions of the rule TD ATF-66 issued June 13, 1980, by 
the Department of the Treasury, Bureau of Alcohol, Tobacco and 
Firearms on labeling and advertising of wine, distilled spirits and 
malt beverages, except if the expenditure of such funds is necessary 
to comply with a final order of the Federal court system. 
SEC. 509. None of the funds appropriated or made available by this 
Act shall be used to competitively procure electric utility service, 
except where such procurement is expressly authorized by the 
Federal Power Act or by State law or regulation. 
SEC. 510. None of the funds appropriated in this Act may be used 
for administrative expenses to close the Federal Information Center 
of the General Services Administration located in Sacramento, 
California. 
SEC. 511. None of the funds made available by this Act for the 
Department of the Treasury may be used for the purpose of 
eliminating any existing requirement for sureties on customs bonds. 
SEC. 512. None of the funds made available by this Act shall be 
available for any activity or for pajdng the salary of any government 
employee where funding an activity or paying a salary to a govern-
ment employee would result in a decision, determination, rule, 
regulation, or policy that would prohibit the enforcement of section 
307 of the 1930 Tariff Act. 
SEC. 513. None of the funds made available by this Act shall be 
available for the purpose of transferring control over the Federal 
Law Enforcement Training Center located at Glynco, Georgia, out of 
the Treasury Department. 
SEC. 514. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United 
States not heretofore authorized by the Congress. 
SEC. 515. No part of any appropriation contained in this Act shall 
be available for the pajonent of the salary of any officer or employee 
of the United States Postal Service, who— 
(1) prohibits or prevents, or attempts or threatens to prohibit 
or prevent, any officer or employee of the United States Postal 
Service from having any direct oral or written communication 
or contact with any member or committee of Congress in 
connection with any matter pertaining to the employment of 
such officer or employee or pertaining to the United States 
Postal Service in any way, irrespective of whether such commu-
nication or contact is at the initiative of such officer or em-
ployee or in response to the request or inquiry of such member 
or committee; or 
(2) removes, suspends from duty without pay, demotes, re-
duces in rank, seniority, status, pay, or performance of effi-
ciency rating, denies promotion to, relocates, reassigns, trans-
fers, disciplines, or discriminates in regard to any emplojmient 
right, entitlement, or benefit, or any term or condition of 
employment of, any officer or employee of the United States 
Postal Service, or attempts or threatens to commit any of the 
foregoing actions with respect to such officer or employee, by 
reason of any communication or contact of such officer or 
employee with any member or committee of Congress as de-
scribed in paragraph (1) of this subsection. 
SEC. 516. Except for vehicles provided to the President, Vice 
President and their families, or to the United States Secret Service, 
101 STAT. 1329-417 
PUBLIC LAW 100-202—DEC. 22, 1987 
none of the funds provided in this Act to any Department or Agency 
shall be obligated or expended to procure passenger automobiles as 
defined in 15 U.S.C. 2001 with an EPA estimated miles per gallon 
average of less than twenty-two miles per gallon. The requirements 
of this section may be waived by the Administrator of the General 
Services Administration for special purpose or special mission auto-
mobiles. 
SEC. 517. 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 coverages for abortions. 
SEC. 518. The provision of section 517 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term. 
50^USC98hnote. 
SEC. 519. No later than October 1, 1989, the Administrator of 
General Services, or any Federal officer assuming the Administra-
tor's responsibilities with respect to management of the stockpile, 
shall use all funds authorized and appropriated before January 1, 
1985 from the National Defense Stockpile Transaction Fund to 
evaluate, test, relocate, upgrade or purchase stockpile materials to 
meet National Defense Stockpile goals and specifications in effect on 
October 1,1984. 
SEC. 520. No part of any appropriation contained in this Act shall 
be available for the procurement of, or for the payment of, the 
salary of any person engaged in the procurement of stainless steel 
flatware not produced in the United States or its possessions, except 
to the extent that the Administrator of General Services or his 
designee shall determine that a satisfactory quality and sufficient 
quantity of stainless steel flatware produced in the United States or 
its possessions, cannot be procured as and when needed from sources 
in the United States or its possessions or except in accordance with 
procedures provided by section 6-104.40t)) of Armed Services 
Procurement Regulations, dated January 1, 1969. This section shall 
be applicable to all solicitations for bids issued after its enactment. 
SEC. 521. None of the funds appropriated by this Act may be used 
to establish on a permanent basis any test or program of the "port of 
arrival immediate release and enforcement determination." 
SEC. 522. None of the funds appropriated by this Act may be used 
to solicit bids, lease space, or enter into any contract to close or 
consolidate executive seminar centers for the Office of Personnel 
Management. 
SEC. 523. None of the funds appropriated by this Act or any other 
Act in any fiscal year may be obligated or expended in any way for 
the purpose of the sale, lease, rental, excessing, surplusing, or 
disposal of any portion of land on which the Beltsville Agricultural 
Research Center is located at Beltsville, Maryland, without the 
specific approval of Congress: Provided, That such land may be sold, 
for fair market value, to the Washington Metropolitan Area Transit 
Authority and any proceeds from the sale of such land shall be 
placed in an escrow account to be available hereafter for use in the 
renovation and restoration of the Beltsville Agricultural Research 
Center, to be released as specified in advance in appropriations Acts. 
SEC. 524. Not later than October 1, 1988, of the amounts made 
available pursuant to Section 519 of the Treasury, Postal Service 
and General Government Appropriations Act, 1987, as incorporated 
in Section lOl(m) of Public Laws 99-500 and 99-591, not less than 
$1,000,000 shall be obligated for a pilot project to upgrade techno-
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-418 
logically obsolete cobalt deposited in the National Defense Stockpile. 
The funds used in this section for upgrading shall not exceed 
$2,000,000. 
SEC. 525. None of the funds appropriated by this Act may be 
obligated or expended in any way for the purpose of the sale, lease, 
rental, excessing, surplusing or disposal of any portion of land on 
which the Phoenix Indian School is located at Phoenix, Arizona 
>
^ 
without the specific approval of Congress. 
SEC. 526. None of the funds appropriated by this Act may be 
obligated or expended in any way for the purpose of the sale, 
excessing, surplusing or disposal of lands in the vicinity of Bull 
Shoals Lake, Arkansas administered by the Corps of Engineers, 
Department of the Army without the specific approval of Congress. 
SEC. 527. The Administrator of General Services, under section 
210(h) of the Federal Property and Administrative Services Act of 
1949, as amended, shall acquire, by means of a lease of up to 30 
years duration, space for the United States Courts in Tacoma, 
Washington, at the site of Union Station, Tacoma, Washington. 
SEC. 528. Funds under this Act shall be available as authorized by 
sections 4501-4506 of title 5, United States Code, when the achieve-
ment involved is certified, or when an award for such achievement 
is otherwise payable, in accordance with such sections. Such funds 
may not be used for any purpose with respect to which the preceding 
sentence relates beyond fiscal year 1988. 
SEC. 529. (a) Notwithstanding any other provision of law, during 
fiscal year 1988, the authority to establish higher rates of pay under 
section 5303 of title 5, United States Code, may— 
(1) in addition to positions paid under any of the pay systems 
referred to in subsection (a) of section 5303 of title 5, U.S.C, be 
exercised with respect to positions paid under any other pay 
system established by or under Federal statute for positions 
within the executive branch of the Government; and 
(2) in addition to the circumstance described in the first 
sentence of subsection (a) of section 5303 of title 5, U.S.C, be 
exercised based on— 
(A) pay rates for the positions involved being generally 
less than the rates payable for similar positions held— 
(i) by individuals outside the Government; or 
(ii) by other individuals within the executive branch 
: 
of the Government; 
^ i 
-; 
(B) the remoteness of the area or location involved; 
(C) the undesirability of the working conditions or the 
nature of the work involved, including exposure to toxic 
substances or other occupational hazards; or 
(D) any other circumstance which the President (or an 
President of U.S. 
agency duly authorized or designated by the President in 
accordance with the last sentence of section 5303(a) of title 
5, U.S.C, for purposes of this subpargigraph) may identify. 
Nothing in paragraph (2) shall be considered to permit the exercise 
of any authority based on any of the circumstances under such 
par£igraph without an appropriate finding that such circumstance is 
significantly handicapping the Government's recruitment or reten-
tion efforts. 
(bXD A rate of pay established during fiscal year 1988 through the 
exercise of any additional authority under subsection (a) of section 
5303 of title 5, U.S.C— 
(A) shall be subject to revision or adjustment. 
101 STAT. 1329-419 
PUBLIC LAW 100-202—DEC. 22, 1987 
(B) shall be subject to reduction or termination (including pay 
retention), and 
(C) shall otherwise be treated, 
in the same manner as generally applies with respect to any rate 
otherwise established under section 5303 of title 5, United States 
Code. 
President of U.S. 
(2) The President (or an agency duly authorized or designated by 
the President in accordance with the last sentence of section 5303(a) 
of title 5, United States Code, for purposes of this subsection) may 
prescribe any regulations necessary to carry out this subsection. 
(c) Any additional authority under this section may, during iiscal 
year 1988, be exercised only to the extent that amounts otherwise 
appropriated under this Act for purposes of section 5303 of title 5, 
United States Code, are available. 
SEC. 530. The Director of the Office of Management and Budget 
shall include in the area designated as the St. Louis Metropolitan 
Statistical Area, the City of Sullivan, Missouri. 
TITLE VI—GENERAL PROVISIONS 
DEPARTMENTS, AGENCIES, AND CORPORATIONS 
31 use 1343 
SEC. 601. Unless otherwise specifically provided, the maximum 
note. 
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 £ind 
ambulances), is hereby fixed at $6,600 except station wagons for 
which the maximum shall be $7,600: Provided, That these limits 
may be exceeded by not to exceed $2,700 for police-tjrpe vehicles, and 
by not to exceed $4,000 for special heavy-duty vehicles: Provided 
further. That the limits set forth in this section shall not apply to 
electric or hybrid vehicles purchased for demonstration under the 
provisions of the Electric and Hybrid Vehicle Research, Develop-
ment, and Demonstration Act of 1976. 
SEC. 602. 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-of-living 
allowances, in accordance with 5 U.S.C. 5922-24. 
5 use 3101 note. 
SEC. 603. 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 major-
ity 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 the date of enactment of this Act, 
who, being eligible for citizenship, has filed a declaration of in-
tention 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, or the Baltic countries lawfully admitted to 
the United States for permanent residence, or (5) South Vietnamese, 
Cambodian, and Laotian refugees paroled in the United States after 
January 1, 1975: 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 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-420 
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 one 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, the Repub-
lic of the Philippines or to nationals of those countries allied with 
the United States in the current defense effort, or to temporary 
employment of translators, or to temporary employment in the field 
service (not to exceed sixty days) as a result of emergencies. 
SEC. 604. 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 pay-
ment 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 per-
formed in accordance with the Public Buildings Act of 1959 (73 Stat. 
749), the Public Buildings Amendments of 1972 (86 Stat. 216), or 
other applicable law. 
SEC. 605. Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corpora-
tions and agencies subject to chapter 91 of title 31, United States 
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 adminis-
trative expenses shall be correspondingly reduced. 
SEC. 606. 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. 607. Pursuant to section 1415 of the Act of July 15, 1952 (66 
Stat. 662), foreign credits (including currencies) owed to or owned by 
the United States may be used by Federed agencies for £iny purpose 
for which appropriations are made for the current fiscal year 
(including the canying out of Acts requiring or authorizing the use 
of such credits), only when reimbursement therefor is made to the 
' 
Treasury from applicable appropriations of the agency concerned: 
Provided, That such credits received as exchanged allowances or 
proceeds of sales of personal property may be used in whole or part 
pa3ntnent for acquisition of similar items, to the extent and in the 
manner authorized by law, without reimbursement to the Treasury. 
SEC. 608. No part of any appropriation contained in this or any 
other Act, shall be available for interagency financing of 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. 609. Funds made available by this or any other Act to (1) the 
General Services Administration, including the fund created by the 
101 STAT. 1329-421 
PUBLIC LAW 100-202—DEC. 22, 1987 
Public Building Amendments of 1972 (86 Stat. 216), and (2) 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 United States or the Postal Service and under the charge and 
control of the General Services Administration or the Postal Serv-
ice, 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 (62 Stat. 281; 40 U.S.C. 318), but shall not be 
restricted to certain Federal property as otherwise required by the 
proviso contained in said section 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 (62 
Stat. 281; 40 U.S.C. 318a, 318b), attaching thereto penal con-
sequences under the authority and within the limits provided in 
section 4 of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318c): 
Provided, That when the Administrator of General Services dele-
gates responsibility to protect property under his charge and control 
to the head of another Federal agency, that agency may employ 
guards to protect the property who shall have the same powers of 
special policemen in same manner as the foregoing. 
SEC. 610. None of the funds available under this or any other Act 
shall be available for administrative expenses in connection with 
the designation for construction, arranging for financing, or execu-
tion of contracts or agreements for financing or construction of any 
additional purchase contract projects pursuant to section 5 of the 
Public Building Amendments of 1972 (Public Law 92-313) during the 
period beginning October 1, 1976, and ending September 30, 1988. 
SEC. 611. None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which hgis been disapproved pursuant to a 
resolution of disapproval duly adopted in accordance with the ap-
plicable law of the United States. 
SEC. 612. No part of any appropriation contained in, or funds 
made available by this or any other Act, shall be available for any 
agency to pay to the Administrator of the General Services Adminis-
tration a higher rate per square foot for rental of space and services 
(established pursuant to section 210(j) of the Federal Property and 
Administrative Services Act of 1949, as amended) than the rate per 
square foot established for the space and services by the General 
Services Administration for the fiscal year for which appropriations 
were granted. 
5 use 5343 note. 
SEC. 613. (aXD Notwithstanding any other provision of law, and 
except as otherwise provided in this section, no part of any of the 
funds appropriated for the fiscal years ending September 30, 1988, 
or September 30, 1989, by this Act or any other Act, may be used to 
pay any prevailing rate employee described in section 5342(aX2XA) 
of title 5, United States Code, or any employee covered by section 
5348 of that title— 
(1) during the period from the date of expiration of the 
limitation imposed by section 613 of the Treasury, Postal Serv-
ice, and General Government Appropriations Act, 1987, as 
incorporated in section lOl(m) of Public Laws 99-500 and 99-
591, until the first day of the first applicable pay period that 
begins not less than ninety days after that date, in an amount 
that exceeds the rate payable for the applicable grade and step 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-422 
* ' of the applicable wage schedule in accordance with such section 
613; and 
(2) during the period consisting of the remainder, if any, of 
fiscal year 1988, and that portion of fiscal year 1989, that 
precedes the normal effective date of the applicable wage survey 
. 
- 
, 
adjustment that is to be effective in fiscal year 1989, in an 
amount that exceeds, as a result of a wage survey adjustment, 
the rate payable under paragraph (1) of this subsection by more 
than the overall average percentage adjustment in the General 
Schedule during fiscal year 1988. 
(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, may be paid during the periods for which 
subsection (a) of this section 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 purpose of this section, the rates payable to an em- Regulations. 
ployee who is covered by this section and who is paid from a 
schedule that was not in existence on September 30, 1987, 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, 1987, except to the extent 
determined by the Office of Personnel Management to be consistent 
with the purpose of this section. 
(e) The provisions of this section shall apply with respect to pay 
for services performed by any affected employee on or after Octo-
ber 1, 1987. 
(f) For the purpose of administering any provision of law, includ-
ing section 8431 of title 5, United States Code, or any rule or 
regulation that provides premium pay, retirement, life insurance, or 
any other employee benefit, that requires any deduction or contribu-
tion, or that imposes any requirement or limitation, on the basis of a 
rate of salary or basic pay, the rate or 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 may be construed to permit or require 
the pajnnent 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 excep-
tions to the limitations imposed by this section if the Office deter-
mines that such exceptions are necessary to ensure the recruitment 
or retention of qualified employees. 
SEC. 614. None of the funds made available in this Act may be 
used to plan, implement, or administer (1) any reduction in the 
number of regions, districts or entry processing locations of the 
United States Customs Service; or (2) any consolidation or cen-
tralization of duty assessment or appraisement functions of any 
offices in the United States Customs Service. 
SEC. 615. During the period in which the head of any department 
or agency, or any other officer or civilian employee of the Govern-
ment appointed by the President of the United States, holds office, 
no funds may be obligated or expended in excess of $5,000 to 
renovate, remodel, furnish, or redecorate the office of such depart-
ment head, agency head, officer, or employee, or to purchase fur-
101 STAT. 1329-423 
PUBLIC LAW 100-202—DEC. 22, 1987 
niture or make improvements for giny such office, unless advance 
notice of such renovation, remodeling, furnishing, or redecoration is 
expressly approved by the Committees on Appropriations of the 
House and Senate. 
40 use 490b. 
SEC. 616. (a) If any individual or entity which provides or proposes 
to provide child care services for Federal employees during fiscal 
year 1988 or any fiscal year thereafter, applies to the officer or 
agency of the United States charged with the allotment of space in 
the Federal buildings in the community or district in which such 
individual or entity provides or proposes to provide such service, 
such officer or agency may allot space in such a building to such 
individual or entity if— 
(1) such space is available; 
(2) such officer or sigency determines that such space will be 
used to provide child care services to a group of individuals of 
whom at least 50 percent are Federal employees; and 
^'' 
' ' 
(3) such officer or agency determines that such individual or 
entity will give priority for available child care services in such 
space to Federal employees. 
Ot>Xl) If an officer or agency allots space during fiscal year 1988 or 
any fiscal year thereafter, to an individual or entity under subsec-
tion (a), such space may be provided to such individual or entity 
without charge for rent or services. 
(2) If there is an agreement for the payment of costs associated 
with the provision of space allotted under subsection (a) or services 
provided in connection with such space, nothing in title 31, United 
States Code, or any other provision of law, shall be construed to 
prohibit or restrict pajmient by reimbursement to the miscellaneous 
receipts or other appropriate account of the Treasury. 
(3) For the purpose of this section, the term "services" includes 
the providing of lighting, heating, cooling, electricity, office fur-
niture, office machines £ind equipment, telephone service (including 
installation of lines and equipment and other expenses associated 
with telephone service), and security systems (including installation 
and other expenses associated with security systems). 
SEC. 617. 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. 
5 use 1101 note. 
SEC. 618. (a) None of the funds appropriated by this Act, or any 
other Act in this or any fiscal year hereafter, may be used in 
preparing, promulgating, or implementing any regulations relating 
to the Combined Federal Campaign if such regulations are not in 
conformance with subsection (b). 
(bXlXA) Any requirements for eligibility to receive contributions 
through the Combined Federal Campaign shall not, to the extent 
that such requirements relate to litigation, public-policy advocacy, 
or attempting to influence legislation, be any more restrictive than 
any requirements established with respect to those subject matters 
under section 501(cX3) or 501(h) of the Internal Revenue Code of 
1986. 
(B) Any requirements for eligibility to receive contributions 
through the Combined Federal Campaign shall, to the extent that 
such requirements relate to any subject matter other than one 
referred to in subpar£igraph (A), remain the same as the criteria in 
the 1984 regulations, except as otherwise provided in this section. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-424 
(C) Notwithstanding any requirement referred to in subparagraph 
(A) or (B), for purposes of any Combined Federal Campaign— 
(i) any voluntary agency or federated group which was a 
named plaintiff as of September 1, 1987, in a case brought in the 
United States District Court for the District of Columbia, and 
designated as Civil Action No. 83-0928 or 86-1367, and 
(ii) The Federal Employee Education and Assistance Fund, 
shall be considered to have national eligibility. 
(D) Public accountability standards shall remain similar to the Regulations. 
standards which were by regulation established with respect to the 
1984-1987 Combined Federal Campaigns, except that the Office of 
Personnel Management shall prescribe regulations under which a 
voluntary agency or federated group which does not exceed a certain 
size (as established under such regulations) may submit a copy of an 
appropriate Federal tax return, rather than complying with any 
independent auditing requirements which would otherwise apply. 
(2XA) A voluntary agency or federated group shall, for purposes of 
any Combined Federal Campaign in any year, be considered to have 
national eligibility if such agency or group— 
(i) complies with all requirements for eligibility to receive 
contributions through the Combined Federal Campaign, with-
out regard to any requirements relating to "local presence"; and 
(ii) demonstrates that it provided services, benefits, or assist-
ance, or otherwise conducted program activities, in— 
(I) 15 or more different States over the 3-year period 
immediately preceding the start of the year involved; or 
(II) several foreign countries or several parts of a foreign 
country. 
For purposes of this subparagraph, an agency or federated group 
shall be considered to have conducted program activities in the 
required number of States, countries, or parts of a country, over the 
period of years involved, if such agency or group conducted program 
activities in such number of States, countries, or parts either in any 
single year during such period or in the aggregate over the course of 
such period, provided that no State, country, or part of a country is 
counted more than once. 
(B) Notwithstanding any other provisions, eligibility requirements 
relating to International Services Agencies shsdl remsdn at least as 
inclusive as existing requirements. Any voluntary agency or fed-
erated group which attains national eligibility under subparagraph 
(A), and any voluntary eigency which is a member of the Inter-
national Services Agencies, shaJl be considered to have satisfied any 
requirements relating to "local presence". 
(3XA) If a federated group is eligible to receive donations in a 
Combined Federal Campaign, whether on a national level (pursuant 
to certification by the Office) or a local level (pursuant to certifi-
cation by the local Federal coordinating committee), each voluntary 
agency which is a member of such group may, upon certification by 
the federated group, be considered eligible to participate on such 
national or local level, as the case may be. 
(B) Notwithstanding any provision of subparagraph (A)— 
(i) the Office may require a voluntary agency to provide 
information to support any certification submitted by a fed-
erated group with respect to such agency under subparagraph 
(A); and 
(ii) if a determination is made, in writing after notice and 
opportunity to submit written comments, that the information 
101 STAT. 1329-425 
PUBLIC LAW 100-202—DEC. 22, 1987 
. . . submitted by the voluntary agency does not satisfy the ap-
plicable eligibility requirements, such agency may be barred 
from participating in the Combined Federal Campaign on a 
national or local level, as the case may be, for a period not to 
exceed 1 campaign year. 
(4) The Office shall exercise oversight responsibility to ensure 
that— 
(A) regulations are uniformly and equitably implemented in 
^>,,,r, 
all local combined Federal campaigns; 
(B) federated groups participating in a local combined Federal 
campaign are allowed to compete fairly for the role of principal 
combined fund organization; 
(C) federated groups participating in a local combined Federal 
campaign are afforded— 
f 
(i) adequate opportunity to consult with the PCFO for the 
area involved before any plans are made final relating to 
the design or conduct of such campaign (including plans 
*
, 
pertaining to any materials to be printed as part of the 
campaign); 
(ii) adequate opportunity to participate in campaign 
events and other related activities; and 
': 
(iii) timely access to all reports, budgets, audits, and other 
records in the possession of, or under the control of, the 
PCFO for the areas involved; and 
i' •
*
• 
(D) a federated group or voluntary agency found by the Office, 
by a written decision issued after notice and opportunity to 
submit written comments, to have violated the regulations may 
be barred from serving as a PCFO for not to exceed 1 campaign 
year. 
Regulations. 
(5) The Office shall prescribe regulations to ensure that PCFOs do 
not make inappropriate delegations of decisionmaking authority. 
(6XA) The Office shall, in consultation with federated groups, 
establish a formula under which any undesignated contributions 
received in a local combined Federal campaign shall be allocated in 
any year. 
(B) Under the formula for the 1990 Combined Federal Campaign, 
all undesignated contributions received in a local campaign shsill be 
allocated as follows: 
(i) 82 percent shall be allocated to the United Way. 
(ii) 7 percent shall be allocated to the International Services 
Agencies. 
(iii) 7 percent shall be allocated to the National Voluntary 
Health Agencies. 
£ J 
(iv) 4 percent shall, after fair and careful consideration of all 
eligible federated groups and agencies, be allocated by the 
local Federal coordinating committee among any or all of the 
following: 
(I) National federated groups (other than any identified 
; -t. 
K
/ in clauses (i), (ii), or (iii)), except that a national federated 
group shall not be eligible under this subclause unless there 
are at least 15 members of such group participating in the 
local campaign, unless the members of such group collec-
tively receive at least 4 percent of the designated contribu-
tions in the local campaign, and unless such group was 
granted national eligibility status for the 1987, 1988, 1989, 
i?. . J. ' or 1990 Combined Federal Campaign. 
', . , 
(II) Local federated groups. 
«-JK t :?^ v. 
. H * ^^ 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-426 
(III) Any local, non-affiliated voluntary agency which 
receives at least 4 percent of the designated contributions in 
the local campaign. 
(C) The formula set forth in subparagraph (B)— 
(i) shall be phased in over the course of the 1988 and 1989 
Combined Federal Campaigns; 
(ii) shall be fully implemented with respect to the 1990 Com-
bined Federal Campaigns; and 
(iii) shall, with respect to any Combined Federal Campaign 
thereafter, be adjusted based on the experience gained in the 
Combined Federal Campaigns referred to in clauses (i) and (ii). 
(D) Nothing in this paragraph shall apply with respect to any 
campaign conducted in a foreign country. 
(E) All appropriate steps shall be taken to encourage donors to 
make designated contributions. 
(7) The option for a donor to write in the name of a voluntary 
agency or federated group not listed in the campaign brochure to 
receive that individual's contribution in a local campaign shall be 
eliminated. 
(8) The name of any individual making a designated contribution 
in a campaign shall, upon request of the recipient voluntary agency 
or federated group, be released to such agency or group, unless the 
contributor indicates that his or her name is not to be released. 
Under no circumstance may the names of contributors be sold or 
otherwise released by such agency or group. 
(9XA) The name of each participating voluntary agency and fed- 
j , 
erated group, together with a brief description of their respective 
programs, shall be published in any information leaflet distributed 
to employees in a local combined Federal campaign. Agencies shall 
be arranged by federated group, with combined Federal campaign 
organization code numbers corresponding to each such agency and 
group. 
2' (B) The requirement under subparagraph (A) relating to the inclu-
sion of program descriptions may, at the discretion of a local Federal 
- -
>
- ,
< 
coordinating committee, be waived for a local campaign in any year 
if, in the immediately preceding campaign year, contributions re-
ceived through the local campaign totalled less than $100,000. 
(10) Employee coercion is not to be tolerated in the Combined 
Federal Campaign, and protections against employee coercion shall 
be strengthened and clarified. 
(11) The Office— 
(A) may not, after the date of the enactment of this Act, grant 
national eligibility status to any federated group unless such 
group has at least 15 member voluntary agencies, each of which 
meets the requirements for national eligibility under paragraph 
-m 
(2XA); and 
(B) may withdraw federation status from any federated group 
for a period of not to exceed 1 campaign year if it is determined, 
on the record after opportunity for a hearing, that the federated 
group has not complied with the regulatory requirements. 
(12) The Office may bar from participation in the Combined 
Federal Campaign, for a period not to exceed 1 campaign year, any 
voluntary agency which the Office determines, in writing, and after 
notice and opportunity to submit written comments, did not comply 
with a reasonable request by the Office to furnish it with informa-
tion relating to such agency's campaign accounting and auditing 
practices. 
" Copy read "(8)". 
91-194 O - 90 - 25 : QL.3 Part 2 
101 STAT. 1329-427 
PUBLIC LAW 100-202—DEC. 22, 1987 
(c) For purposes of this section, a voluntary agency or federated 
group having "national eligibility" is one which is eligible to partici-
pate in each local domestic combined Federal campaign. 
, 
INDUSTRIAL FUNDING OF THE GENERAL SUPPLY FUND 
t 
SEC. 619. Industrial Funding. 
2
® (a) PERMISSIBLE USES OF GENERAL SUPPLY FUND.—The last sen-
tence of section 109(a) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 756(a)) is amended— 
(1) by striking out "and" at the end of clause (1); and 
'i 
(2) by inserting before the period at the end of clause (2) the 
following: ", and (3) for paying other direct costs of, and indirect 
^ 
costs that are reasonably related to, contracting, procurement, 
inspection, storage, management, distribution, and accountabil-
\" ity of property and nonpersonal services provided by the Gen-
' 
eral Services Administration or by special order through such 
Administration". 
^®(b) COLLECTION OF PAYMENTS FOR DEPOSIT IN FUND.—Section 
109(b) of the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 756(b)) is amended by inserting after the second 
sentence the following new sentence: "Such prices shall also include 
an additional charge to recover properly allocable costs payable by 
the General Supply Fund under subsection (aX3) with respect to the 
supplies or services concerned.". 
40 use 756 note. 
^°(c) IMPLEMENTATION PLAN.—Not later than February 15, 1988, 
the Administrator of General Services shall submit to the appro-
priate committees of the Congress a plan for the implementation of 
the amendments made by this Act. Such plan shall (1) fully describe 
and explain the accounting system (including the pricing and cost 
allocation methodology for supplies and services) to be used for such 
implementation, and (2) contain a schedule for completing actions 
necessary for such implementation. 
40 use 756 note. 
^ * (d) EFFECTIVE DATE.—The amendments made by this Act shall 
take effect not later than April 1,1988. 
SEC. 620. Section 12O20t)) of title 5, United States Code, is amended 
by adding a new sentence £is follows: "Any new member serving only 
a portion of a seven-year term in office may continue to serve until a 
successor is appointed and has qualified, except that such member 
may not continue to serve for more than one year after the date on 
which the term of the member would otherwise expire, unless 
reappointed.". 
Reports. 
SEC. 621. (a) Notwithstanding the provisions of sections 112 and 
5 use note 
113 of title 3, United States Code, each Executive agency detailing 
prec. 3341. 
^^y personnel shall submit a report on an annual basis in each 
fiscal year to the Senate and House Committees on Appropriations 
on all employees or members of the armed services detailed to 
Executive agencies, listing the grade, position, and offices of each 
person detailed and the agency to which each such person is 
detailed. 
O
t
>
) 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; 
" Copy read "SUB SECTION 1." 
. '-./ 
2»Copy read "SUBSec. 2.". 
, , 
.-, 
^,-„„. 
, 
.> 
" C o p y read "SUB Sec. 3.". 
' 
• ' 
•-'• • 
* - ' 
^ 
3 > Copy read "Sec. 4.". 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-428 
(2) the National Security Agency; 
(3) the Defense InteUigence 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 Depart-
ment 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 Jus-
tice, the Department of the Treasury, and the Department of 
Energy performing intelligence functions; and 
(7) the Director of Central Intelligence. 
(c) The exemptions in part 0>) of this section are not intended to 
apply to information on the use of personnel detailed to or from the 
intelligence agencies which is currently being supplied to the Senate 
and House Intelligence and Appropriations Committees by the 
executive branch through budget justification materials and other 
reports. 
(d) For the purposes of this section, the term "Executive agency" ^^^ 
has the same meeming as defined under section 105 of title 5, United 
States Code (except that the provisions of section 104(2) of title 5, 
United States Code shall not apply) and includes the White House 
Office, the Executive Residence, and any office, council, or organiza-
tional unit of the Executive Office of the President. 
SEC. 622. (a) None of the funds made available by this or any other 
Act with respect to any fiscal year may be used to make a contract 
for the manufacture of distinctive paper for United States currency 
and securities pursuant to section 5114 of title 31, United States 
Code, with any corporation or other entity owned or controlled by 
persons not citizens of the United States, or for the manufacture of 
such distinctive paper outside of the United States or its possessions. 
This subsection shall not apply if the Secretary of the Treasury 
determines that no domestic msmufacturer of distinctive paper for 
United States currency or securities exists with which to make a 
contract and if the Secretary of the Treasury publishes in the 
Federal Register a written finding stating the basis for the deter-
mination. 
(b) None of the funds made available by this or any other Act with 
respect to any fiscal year may be used to procure paper for passports 
granted or issued pursuant to the first section of the Act entitled 
"An Act to regulate the issue and validity of passports, and for other 
purposes", approved July 3, 1926 (22 U.S.C. 211a), if such paper is 
manufactured outside of the United States or its possessions or is 
procured from any corporation or other entity owned or controlled 
by persons not citizens of the United States. This subsection shall 
not apply if no domestic manufacturer for passport paper exists. 
SEC. 623. INTEREST ON BACK PAY FOR FEDERAL EMPLOYEES.—(a) IN 
GENERAL.—Section 5596(b) of title 5, United States Code, is 
amended— 
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) 
and (4), respectively; and 
(2) by adding after pareigraph (1) the following: 
"(2XA) An amount payable under paragraph (IXAXi) of this 
subsection shall be payable with interest. 
"(B) Such interest— 
31 u s e 5114 
note. 
Contracts. 
Federal 
Register, 
publication. 
22 u s e 211a 
note. 
' Copy read "Depatment". 
' Copy read " 'Executive agency' ". 
101 STAT. 1329-429 
PUBLIC LAW 100-202—DEC. 22, 1987 
"(i) shall be computed for the period beginning on the 
effective date of the withdrawal or reduction involved and 
ending on a date not more than 30 days before the date on 
which pa)rment is made; 
"(ii) shall be computed at the rate or rates in effect under 
i s 
section 6621(aXl) of the Internal Revenue Code of 1986 
during the period described in clause (i); and 
,«.' 
"(iii) shall be compounded daily. 
"(C) Interest under this paragraph shall be paid out of 
amounts available for pa3rments under paragraph (1) of this 
subsection.". 
5 u s e 5596 note. 
(b) EFFECTIVE D A T E . — 
(1) GENERALLY.—Except as provided in paragraph (2), the 
amendments made by subsection (a) shall take effect on the date 
of the enactment of this Act, and shall apply with respect to any 
employee found, in a final judgment entered or a final decision 
otherwise rendered on or after such date, to have been the 
subject of an unjustified or unwarranted personnel action, the 
correction of which entitles such employee to an amount under 
section 5596(bXlXAXi) of title 5, United States Code. 
(2) EXCEPTION.— 
(A) CASES IN WHICH A RIGHT TO INTEREST WAS RESERVED.— 
The amendments made by subsection (a) shall also apply 
.^^^ 
with respect to any claim which was brought under section 
5596 of title 5, United States Code, and with respect to 
, 
, 
which a final judgment was entered or a final decision was 
otherwise rendered before the date of the enactment of this 
Act, if, under terms of such judgment or decision, a right to 
interest w£is specifically reserved, contingent on the enact-
ment of a statute authorizing the payment of interest on 
claims brought under such section 5596. 
(B) METHOD OF COMPUTING INTEREST.—The amount of 
interest payable under this paragraph with respect to a 
^ . 
claim shall be determined in accordance with section 
5596(bX2XB) of title 5, United States Code (as amended by 
... t : 
this section). 
(C) SOURCE.—An amount payable under this paragraph 
shall be paid from the appropriation made by section 1304 
of title 31, United States Code, notwithstsuiding section 
5596a)X2XC) of title 5, United States Code (as amended by 
this section) or any other provision of law. 
(D) DEADUNE.—An application for a payment under this 
paragraph shall be ineffective if it is filed after the end of 
the 1-year period beginning on the date of the enactment of 
this Act. 
(E) LIMITATION ON PAYMENTS.—Payments under this 
paragraph may not be made before October 1, 1988, except 
that interest shall continue to accrue in accordance with 
559603X2XB) of title 5, United States Code. 
SEC. 624. (a) Section 77010') of title 26, United States Code, is 
amended— 
(1) by deleting from paragraph (IXc) the words "the provisions 
of paragraph (2) and 
following the words "subject to"; and 
(2) by deleting paragraph (2) in its entirety and substituting in 
lieu thereof the following language: "NONDISCRIMINATION 
REQUIREMENTS.—Notwithstanding any other provision of law, 
the Thrift Savings Fund is not subject to the nondiscrimination 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-430 
requirements applicable to arrangements described in section 
401(k) or to matching contributions (as described in section 
401(m)), so long as it meets the requirements of this section.". 
(b) Section 8440 of title 5, United States Code, is amended— 
(1) by deleting from paragraph (a)(3) the words "the provisions 
of subsection (b) and" following the words "subject to"; and 
(2) by deleting subsection (b) in its entirety and by substitut-
ing in lieu thereof the following language: "NONDISCRIMINATION 
REQUIREMENTS.—Notwithstanding any other provision of law, 
the Thrift Savings Fund is not subject to the nondiscrimination 
requirements applicable to arrangements described in section 
401(k) of title 26, United States Code, or to matching contribu-
tions (as described in section 401(m) of title 26, United States 
Code), so long as it meets the requirements of this section.". 
SEC. 625. TEMPORARY AUTHORITY TO TRANSFER LEAVE.—In order 
Regulations. 
to ensure that the experimental use of voluntary leave transfers 
^ USC 6302 note. 
established under Public Laws 99-500 and 99-591 may continue and 
may cover additional employees in fiscal year 1988, the Office of 
Personnel Management shall establish by regulation, notwithstand-
ing chapter 63 of title 5, United States Code, a program under which 
the unused accrued annual leave of officers or employees of the 
Federal Government may be transferred for use by other officers or 
employees who need such leave due to a personal emergency as 
defined in the regulations. The Veterans Administration shall 
establish a similar program for employees subject to section 4108 of 
title 5, United States Clode. The programs established by this section 
shall expire at the end of fiscal year 1988, but any leave that has 
been transferred to an officer or employee under the programs shall 
remain available for use until the personal emergency has ended, 
and any remaining unused transferred leave shall, to the extent 
administratively feasible, be restored to the leave accounts of the 
officers or employees from whose accounts it was originally 
transferred. 
SEC. 626. Subsection 8902 of title 5, United States Code, is 
amended— 
(1) by inserting in subsection (kXD, after "as applicable," the 
following: "or by a qualified clinical social worker as defined in 
section 8901(11),"; 
(2) by inserting in subsection (kXD, after "such a clinical 
psychologist" the following: ", qualified clinical social worker"; 
(3) by striking out all of subsection (kX2) and by redesignating 
~' 
subsection (kX3) as subsection (kX2); and 
(4) by striking out the last sentence in subsection (mX2XA). 
SEC. 627. (a) Section 5 of Public Law 99-87, relating to the use of 39 USC 3220 
official mail in the location of missing children, is amended by "o^e-
striking out "two £uid one-half years after the date of the enactment 
of this Act" and inserting in lieu thereof "after December 31, 1992". 
(b) Section 3(a) of Public Law 99-87 is amended by striking out 39 USC 3220 
"Not later than two years after the date of enactment of this Act," note-
and inserting in lieu thereof "Not later than June 30, 1992,". 
SEC. 628. SALE OF RESIDENCE OF TRANSFERRED FEDERAL EMPLOYEES 
AND TRANSPORTATION EXPENSES.— 
(a) REIMBURSEMENT OF EXPENSES OF SALE AND PURCHASE OF A 
RESIDENCE UPON THE TRANSFER OF A FEDERAL EMPLOYEE.— 
(1) REIMBURSEMENT OF EXPENSES.—Section 5724a(aX4XA) of 
title 5, United States Code, is amended— 
101 STAT. 1329-431 
PUBLIC LAW 100-202—DEC. 22, 1987 
(A) by inserting before the period at the end of the first 
sentence the following: "; and expenses, required to be paid 
by the employee, (i) of the sale of the residence (or the 
settlement of an unexpired lease) of the employee at the 
official station from which the employee was transferred 
when he was assigned to a post of duty located outside the 
United States, its territories or possessions, the Common-
wealth of Puerto Rico, or areas and installations in the 
Republic of Panama made available to the United States 
pursuant to the Panama Canal Treaty of 1977 and related 
agreements (as described in section 3(a) of the Panama 
Canal Act of 1979) and (ii) of the purchase of a residence at 
' ''^ 
the new official station when the employee is transferred in 
the interest of the Government from a post of duty located 
'';;'• •;..:*- 
outside the United States, its territories or possessions, the 
'^'-'^''^ ' 
-
^
' 
Commonwealth of Puerto Rico, or areas and installations in 
the Republic of Panama made available to the United 
States pursuant to the Panama Canal Treaty of 1977 and 
related agreements (as described in section 3(a) of the 
Panama Canal Act of 1979), to an official station (other 
than the official station from which he was transferred 
ii. 
when assigned to the foreign tour of duty) within the 
United States, its territories or possessions, the Common-
wealth of Puerto Rico, or such areas and installations in the 
Republic of Panama"; and 
(B) by adding at the end thereof the following new sen-
tence: 'Reimbursement of expenses prescribed under this 
paragraph in connection with transfers from a post of duty 
located outside the United States, its territories or posses-
sions, the Commonwealth of Puerto Rico, or the areas and 
installations in the Republic of Panama made available to 
,. \ 
the United States pursuant to the Panama Canal Treaty of 
1977 and related agreements (as described in section 3(a) of 
J, 
i.,.. the Panama Canal Act of 1979), shall not be allowed for any 
sale or settlement of unexpired lease or purchase trans-
^. • , action that occurs prior to official notification that the 
'^. , employee's return to the United States would be to an 
official station other than the official station from which 
the employee w£is transferred when assigned to the foreign 
post of duty.". 
5 use 5724a 
^ , 
(2) EFFECTIVE DATE.—The amendments made by paragraph (2) 
note. 
''^' shall be applicable with respect to any employee transferred to 
or from a post of duty on or after 60 days after the date of 
• ,- 
'. r ' 
enactment of this section. 
iitr 
^^ FUNDS FOR IMPLEMENTATION.—The amendments made by 
subsection (a) shall be carried out by agencies by the use of funds 
appropriated or otherwise available for the administrative expenses 
, ., r-jj 
of each of such respective agencies. The amendments made by such 
^f',*^^ subsections do not authorize the appropriation of funds in amounts 
exceeding the sums already authorized to be appropriated for such 
agencies. 
SEC. 629. Notwithstanding 31 U.S.C. 1346 or section 607 of this 
Act, funds made available for fiscal year 1988 by this or any other 
Act shall be available for the interagency funding of national secu-
rity and emergency preparedness telecommunications initiatives 
which benefit multiple Federal departments, agencies, or entities, as 
provided in Executive order Number 12472 (April 3,1984). 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-432 
,, 
EMPLOYEE DISCLOSURE AGREEMENTS 
SEC. 630. No funds appropriated in this or any other Act for fiscal 
year 1988 may be used to implement or enforce the agreements in 
Standard Forms 189 and 4193 of the Government or any other 
nondisclosure policy, form or agreement if such policy, form or 
agreement: 
(1) concerns information other than that specifically marked 
as classified; or, unmarked but known by the employee to be 
classified; or, unclassified but known by the employee to be in 
the process of a classification determination; 
C 
(2) contains the term "classifiable" ^^ ; 
(3) directly or indirectly obstructs, by requirement of prior 
written authorization, limitation of authorized disclosure, or 
otherwise, the right of any individual to petition or commu-
nicate with Members of Congress in a secure manner as pro-
vided by the rules and procedures of the Congress; 
.} 
(4) interferes with the right of the Congress to obtain execu-
tive branch information in a secure manner as provided by the 
rules and procedures of the Congress; 
• •«'* 
?. 
(5) imposes any obligations or invokes any remedies inconsist-
j 
ent with statutory law: Provided, That nothing in this section 
t 
shall affect 
the enforcement 
of those aspects of such 
nondisclosure policy, form or agreement that do not fall within 
subsections (l)-(5) of this section. 
This Act may be cited as the "Treasury, Postal Service and 
General Government Appropriations Act, 1988". 
(nXD Upon the enactment of this resolution enrolled as a hand 
enrollment, the Clerk of the House of Representatives shall prepare 
a printed enrollment of this resolution £is in the C£ise of a bill or joint 
resolution to which sections 106 and 107 of title 1, United States 
Code, apply. Such enrollment shall be a correct enrollment of this 
resolution as enrolled in the hand enrollment. 
(2) A printed enrollment prepared pursuant to subsection (nXD 
may, in order to conform to customary style for printed laws, 
include corrections in spelling, punctuation, indentation, type face, 
and type size and other necessary stylistic corrections to the hand 
enrollment. Such a printed enrollment shall include notations (in 
the margins or as otherwise appropriate) of all such corrections. 
(3) A printed enrollment prepared pursuant to subsection (nXD 
shall be signed by the presiding officers of both Houses of Congress 
as a correct printing of the hand enrollment of this resolution and 
shall be transmitted to the President. 
(4) Upon certification by the President that a printed enrollment 
President of U.S. 
transmitted pursuant to subsection (nX3) is a correct printing of the 
hand enrollment of this resolution, such printed enrollment shall be 
considered for all purposes as the original enrollment of this resolu-
tion and as valid evidence of the enactment of this resolution. 
(5) A printed enrollment certified by the President under subsec- President of U.S. 
tion (nX4) shall be transmitted to the Archivist of the United States, 
who shall preserve it with the hand enrollment. In preparing this 
resolution for publication in slip form and in the United States 
Statutes at Large pursuant to section 112 of title 1, United States 
Code, the Archivist of the United States shall use the printed 
Congress. 
1 u s e 106 note. 
*^ Copy read " 'classifiable' ". 
101 STAT. 1329-433 
PUBLIC LAW 100-202—DEC. 22, 1987 
Effective date. 
4 use 113 note. 
5 use 5532, 
8344. 
7 use 426 note. 
12 use 1749a. 
22 use 5056a. 
40 use 1666-6, 
278a note. 
enrollment certified by the President under subsection (n)(4) in lieu 
of the hand enrollment. 
(6) As used in this section, the term "hand enrollment" means 
enrollment in a form other than the printed form required by 
sections 106 and 107 of title 1, United States Code, as authorized by 
the joint resolution entitled "Joint resolution authorizing the hand 
enrollment of the budget reconciliation bill and of the full-year 
continuing resolution for fiscal year 1988", approved December 1987 
(H.J. Res. 426 of the 100th Congress). 
(o) Federal employees furloughed as the result of any lapse in 
appropriations prior to the enactment of this Resolution shall be 
compensated at their standard rate of compensation for the period 
during which there was a lapse in appropriations. 
All obligations incurred in anticipation of the appropriations 
made and authority granted by this Resolution for the purpose of 
maintaining the essential level of activity to protect life and prop-
erty and bring about the orderly termination of Government func-
tions are hereby ratified and approved if otherwise in accord with 
the provisions of this Resolution. 
SEC. 102. Unless otherwise provided for in this joint resolution or 
in the applicable appropriations Act, appropriations and funds made 
available and authority granted pursuant to this joint resolution 
shall be available from December 21, 1987, and shall remain avail-
able until (a) enactment into law of an appropriation for any project 
or activity provided for in this joint resolution, or 0^) enactment of 
the applicable appropriations Act by both Houses without any 
provision for such project or activity, or (c) September 30, 1988, 
whichever first occurs. 
SEC. 103. Appropriations made and authority granted pursuant to 
this joint resolution 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 this joint resolution. 
SEC. 104. Expenditures made pursuant to this joint resolution 
shall be charged to the applicable appropriation, fund, or authoriza-
tion (including a continuing appropriation for the full year) when-
ever a bill in which such applicable appropriation, fund, or 
authorization (including a continuing appropriation for the full 
year) is contained is enacted into law. 
SEC. 105. Section 1515 of title 31 of the United States Code is 
amended by striking subsection (a) and inserting in lieu thereof the 
following: 
"(a) An appropriation required to be apportioned under section 
1512 of this title may be apportioned on a basis that indicates the 
need for a deficiency or supplemental appropriation to the extent 
necessary to permit payment of such pay increases as may be 
granted pursuant to law to civilian officers and employees (including 
prevailing rate employees whose pay is fixed and adjusted under 
subchapter IV of chapter 53 of title 5) and to retired and active 
military personnel." 
SEC. 106. The provisions of appropriations Acts within the purview 
of this joint resolution, and the provisions of appropriations Acts 
within the purview of the following joint resolutions making 
continuing appropriations (section 101(c) of Public Law 96-86 (93 
Stat. 657), section 101(f) of Public Law 98-151 (97 Stat. 973), section 
101(b) of Public Law 98-473 (98 Stat. 1837), section 101 (a) and (c) of 
Public Law 99-190 (99 Stat. 1185,1224), and section 101 (g), (i), and (1) 
PUBLIC LAW 100-202-DEC. 22, 1987 
101 STAT. 1329-434 
of Public Laws 99-500 and 99-591 (100 Stat. 1783-242, 1783-287, 
1783-308, 3341-242, 3341-287, 3341-308)), shall (to the extent and 
in the manner specified in the pertinent section of any such joint 
resolution) be effective as if enacted into law. Those provisions are 
effective on the date of enactment of the pertinent joint resolution 
except to the extent a different effective date is specified in the joint 
resolution or pertinent appropriations Act. 
SEC. 107. Amounts and authorities provided by this resolution 
shall be in accordance with the reports accompan)dng the bills as 
passed by or reported to the House and the Senate and in the Joint 
Explanatory Statement of the Conference accompanjdng this Joint 
Resolution. 
SEC. 108. (a) Notwithstanding any other provision of this resolu-
tion or any other law, no adjustment in rates of pay under section 
5305 of title 5, United States (Dode, which becomes effective on or 
after October 1, 1987, and before October 1, 1988, shall have the 
effect of increasing the rate of salary or basic pay for any office or 
position in the legislative, executive, or judicial branch or in the 
government of the District of Columbia— 
(1) if the rate of salary or basic pay payable for that office or 
position as of September 30, 1987, was equal to or greater than 
the rate of basic pay then payable for level V of the Executive 
Schedule under section 5316 of title 5, United States Code; or 
(2) to a rate exceeding the rate of basic pay payable for level V 
of the Executive Schedule under such section 5316 as of Septem-
ber 30, 1987, if, as of that date, the rate of salary or basic pay 
payable for that office or position was less than the rate of basic 
pay then payable for such level V. 
(b) For purposes of subsection (a), the rate of salary or basic pay 
payable as of September 30, 1987, for any office or position which 
was not in existence on such date shall be deemed to be the rate of 
salary or basic pay payable to individuals in comparable offices or 
positions 
on 
such 
date, 
as 
determined 
under 
regulations 
prescribed— 
(1) by the President, in the case of any office or position 
within the executive branch or in the government of the Dis-
trict of Columbia; 
(2) jointly by the Speaker of the House of Representatives and 
the President pro tempore of the Senate, in the case of any 
office or position within the legislative branch; or 
• 
(3) by the Chief Justice of the United States, in the case of any 
•'' 
office or position within the judicial branch. 
SEC. 109. (aXl) None of the funds appropriated for fiscal year 1988 
by this Resolution or any other law may be obligated or expended to 
enter into any contract for the construction, alteration, or repair of 
any public building or public work in the United States or any 
territory or possession of the United States with gmy contractor or 
subcontractor of a foreign country, or any supplier of products of a 
foreign country, during any period in which such foreign country is 
listed by the United States Trade Representative under subsection 
(c) of this section. 
(2) The President or the head of a Federal agency administering 
the funds for the construction, alteration, or repair may waive the 
restrictions of paragraph (1) of this subsection with respect to an 
individual contract if the President or the head of such agency 
determines that such action is necessary in the public interest. The 
authority of the President or the head of a Federal agency under 
42 u s e 1437b 
note, 1437o, 5318, 
8821,11361 note. 
49 u s e app. 
2311. 
Effective date. 
Reports. 
5 u s e 5305 note. 
Regulations. 
President of U.S. 
40 u s e 601 note. 
President of U.S. 
101 STAT. 1329-435 
PUBLIC LAW 100-202—DEC. 22, 1987 
Federal 
Register, 
publication. 
•'',' 
''.:i' ic? Jn°' 
Max 
Reports. 
Federal 
Register, 
publication. 
this paragraph may not be delegated. The President or the head of a 
Federal agency waiving such restrictions shall, within 10 days, 
publish a notice thereof in the Federal Register describing in detail 
the contract involved and the reason for granting the waiver. 
ObXD Not later than 30 days after the date of enactment of this 
Resolution, the United States Trade Representative shall make a 
determination with respect to each foreign country of whether such 
foreign country— 
(A) denies fair and equitable market opportunities for prod-
ucts and services of the United States in procurement, or 
(B) denies fair and equitable market opportunities for prod-
ucts and services of the United States in bidding, 
for construction projects that cost more than $500,000 and are 
funded (in whole or in part) by the government of such foreign 
country or by an entity controlled directly or indirectly by such 
foreign country. 
(2) In making determinations under paragraph (1), the United 
States Trade Representative shall take into account information 
obtained in preparing the report submitted under section 1810t)) of 
the Trade Act of 1974 and such other information or evidence 
concerning discrimination in construction projects against United 
States products and services that are available. 
(cXD The United States Trade Representative shall maintain a list 
of each foreign country which— 
(A) denies fair and equitable market opportunities for prod-
ucts and services of the United States in procurement, or 
(B) denies fair and equitable market opportunities for prod-
ucts and services of the United States in bidding, 
for construction projects that cost more than $500,000 and are 
funded (in whole or in part) by the government of such foreign 
country or by an entity controlled directly or indirectly by such 
foreign country. 
(2) Such list shall include— 
(A) each foreign country with respect to which an affirmative 
54.- determination is made under subsection (b); and 
gi< 
(B) the country of Japan and any other country which has 
expressed a policy of den3ring fair and equitable market 
opportunities for products and services of the United States in 
procurement or bidding for projects described in paragraph (1) 
of this subsection. 
(3) Any foreign country that is initially listed or that is added to 
the list maintained under paragraph (1) shall remain on the list 
until— 
(A) such country removes the barriers in construction projects 
to United States products and services; 
(B) such country submits to the President or the United 
States Trade Representative evidence demonstrating that such 
barriers have been removed; and 
(C) the United States Trade Representative conducts an inves-
tigation to verify independently that such barriers have been 
removed and submits, at least 30 days before granting any such 
waiver, a report to each House of the Congress identifying the 
barriers and describing the actions taken to remove them. 
(4) The United States Trade Representative shall publish in the 
Federal Register the entire list required under paragraph (1) and 
shall publish in the Federal Register any modifications to such list 
that are made after publication of the original list. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-436 
5 use 5305 note. 
(d) For purposes of this section— 
(1) each foreign instrumentality, and each territory or posses-
sion of a foreign country that is administered separately 
for customs purposes, shall be treated as a separate foreign 
country; 
(2) any contractor or subcontractor that is a citizen or na-
j 
tional of a foreign country, or is controlled directly or indirectly 
by citizens or nationals of a foreign country, shall be considered 
^ 
to be a contractor or subcontractor of such foreign country; 
(3) subject to paragraph (4), any product that is produced or 
manufactured (in whole or in substantial part) in a foreign 
country shall be considered to be a product of such foreign 
country; 
(4) the restrictions of subsection (a)(1) shall not prohibit the 
^ 
use, in the construction, alteration, or repair of a public build-
ing or public work, of vehicles or construction equipment of a 
foreign country; and 
(5) the terms "contractor" and "subcontractor" include any 
s 
person performing any architectural, engineering, or other serv-
ices directly related to the preparation for or performance of the 
t.i 
construction, alteration, or repair. 
(e) Paragraph (aXD of this section shall not apply to contracts 
entered into prior to the date of enactment of this Resolution. 
(f) The provisions of this section are in addition to, and do not 
limit or supersede, any other restrictions contained in any other 
Federal law. 
SEC. 110. (a) ADJUSTMENTS FOR EMPLOYEES UNDER STATUTORY PAY 
SYSTEMS.— 
(1) 
TWO-PERCENT INCREASE.—Notwithstanding any 
other 
provision of law, in the case of fiscal year 1988, the overall 
percentage of the adjustment under section 5305 of title 5, 
United States C!ode, in the rates of pay under the General 
*
' 
Schedule, and in the rates of pay under the other statutory pay 
systems (as defined by section 5301(c) of such title), shall be an 
I 
increase of 2 percent. 
(2) UNIFORM ADJUSTMENTS; DELAYED EFFECTIVE DATE.—Each 
increase in a pay rate or schedule which takes effect pursuant 
to paragraph (1) shall, to the maximum extent practicable, be of 
y 
the same percentage and shall take effect as of the beginning of 
the first applicable pay period beginning on or after January 1, 
" 
1988. 
(b) Two PERCENT MILITARY PAY RAISE FOR FISCAL YEAR 1988.— 
Section 601 of the National Defense Authorization Act for Fiscal 
Years 1988 and 1989 (Public Law 100-180) is amended by striking 
out subsections O
t
>
)
, (c), and (d) and inserting in lieu thereof the 
following: 
"(h) Two PERCENT INCREASE IN BASIC PAY, BAQ, AND BAS.—The 
rates of basic pay, basic allowance for quarters, and basic allowance 
for subsistence of members of the uniformed services are increased 
by 2 percent effective on January 1,1988. 
"(c) Two PERCENT INCREASE IN CADET AND MIDSHIPMAN PAY.— 
Effective on January 1, 1988, section 203(c)(1) of title 37, United 
Effective date. 
States Code, is amended by striking out '$494.40' and inserting in 
lieu thereof '$504.30'.". 
37 use 403 note. 
Effective date. 
37 use 1009 
note. 
101 STAT. 1329-437 
PUBLIC LAW 100-202—DEC. 22, 1987 
ASSISTANCE TO THE NICARAGUAN DEMOCRATIC RESISTANCE 
SEC. 111. (a) There are hereby transferred to the President 
$8,600,000 of unobligated funds, from such accounts for which appro-
priations were made by Department of Defense appropriations Acts 
for the fiscsil year 1987 or prior years, as the President shall 
designate, to provide humanitarian assistance to the Nicaraguan 
democratic resistance consistent with this section, to remain avail-
able through February 29,1988. 
President of U.S. 
(bXl) The President is authorized to transfer or reprogram 
$4,500,000 of unobligated funds from such accounts for which appro-
priations were made by Department of Defense appropriations Acts 
for the fiscal year 1987 or prior fiscal years, as the President shall 
designate, to provide transportation of humanitarian and other 
assistance previously, specifically authorized by law to the Nica-
raguan democratic resistance, to remain available through February 
29,1988. 
(2XA) Transportation under paragraph (1) for lethal assistance 
previously authorized by law shall be suspended on January 12,1988 
and shall resume thereafter only if, after January 18, 1988, the 
President determines and certifies to the Congress that: 
(i) at the time of such certification no ceasefire is in place that 
was agreed to by the Government of Nicaragua and the Nica-
raguan democratic resistance; 
(ii) the failure to achieve the ceasefire described in subpara-
, graph (AXi) results from the lack of good faith efforts by the 
Government of Nicaragua to achieve such a ceasefire; and 
fc .? ' 
/ 
(iii) the Nicaraguan democratic resistance has engaged in 
good faith efforts to achieve the ceasefire described in subpara-
graph (AXi). 
(B) Transportation under paragraph (1) for lethal assistance pre-
viously authorized by law shall be suspended during any period in 
which there is in place a ceasefire described in subparagraph (AXi), 
except to the extent, if any, permitted by the agreement governing 
such ceasefire. 
(cXD The Department of Defense shall, through February 29,1988, 
make available to the department or agency administering this 
section passive air defense equipment to ensure the safety of 
transportetion provided pursuant to this section. 
(2) The Department of Defense shall not charge the department or 
agency receiving equipment under paragraph (1) for such equip-
ment, and shall bear the risk of loss, damage or deterioration of such 
equipment during the period of its use under the authority of 
paragraph (1). 
President of U.S. 
(dXl) The President is authorized to transfer unobligated funds 
from such accounts for which appropriations were made by Depart-
ment of Defense appropriations Acts for the fiscal year 1987 or prior 
fiscal years, as the President shall designate, solely for the indem-
nification through February 29, 1988, of aircraft leased after the 
date of enactment of this ioint resolution to carry out subsection (b). 
(2) On March 1, 1988, the President shall transfer the balance, if 
any, remaining of funds transferred under paragraph (1) to the 
accounts from which such funds were transferred under paragraph 
M,,h'.v^--r:,^- 
(1). 
(e) As used in this section, the term "humanitarian assistance" 
means only food, clothing, shelter, medical services, medical sup-
plies, and payment for such items. 
^ 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-438 
(f) The requirements, terms and conditions of section 104 of the 
Intelligence Authorization Act, Fiscal Year 1988 (Public Law 100-
178), section 8144 of the Department of Defense Appropriations Act, 
1988 as contained in section 101(b) of this joint resolution, section 10 
of Public Law 91-672, section 502 of the National Security Act of 
1947, section 15(a) of the State Department Basic Authorities Act of 
1956, and any other provision of law shall be deemed to have been 
met for the transfer and use consistent with this section of the funds 
made available by subsections (a), (b), and (d), and the transfer and 
use of equipment as provided in subsection (c). 
(g) The authority to support, monitor, and manage the activities 
for which this section provides funds shall continue 
until 
February 29,1988. 
(h) Sections 203(e), 2040)), 207, 209(b), 209(c), and 216, and the first 
sentence of section 203(d), in "TITLE II—CENTRAL AMERICA" in 
section lOl(k) of the continuing appropriations resolution for the 
fiscal year 1987 (Public Laws 99-500 and 99-591) shall apply with 
respect to funds made available by this section. 
(i) If, on January 17, 1988, a cease-fire agreed to by the Govern- President of U.S. 
ment of Nicaragua and the Nicaraguan democratic resistance is in 
place and the Government of Nicaragua is in compliance with the 
Guatemala Peace Accord of August 7,1987, then the President shall, 
to the maximum extent practicable, make the unobligated balance 
of funds transferred by subsection (a) available for administration 
consistent with this section by nonpolitical humanitarian inter-
national organizations. 
(jXD The President may submit to Congress, no earlier than 
January 25,1988, and no later than January 27, 1988, a request in 
accordance with this section for budget and other authority to 
provide additional assistance for the Nicaraguan 
democratic 
resistance. 
(2) Only if a joint resolution approving a request made pursuant to 
subsection (jXD has been enacted into law, the President may 
submit to Congress one additional request under this section for 
budget and other authority to provide additional assistance for the 
Nicaraguan democratic resistance. 
(3) It is the sense of Congress that any request in accordance with 
this section should be compatible with the Guatemala Peace Accord 
of August 7, 1987, and the decisions reached by the Central Amer-
ican presidents at the meeting on the report of the International 
Commission of Verification and FoUowup, and consistent with the 
national security interests of the United States. 
(4) Each request of the President in accordance with this section Reports. 
shall include a detailed statement of the steps that the United 
States, the Central American nations, and other interested parties 
have taken in support of the Guatemala Peace Accord of August 7, 
1987, and of any ceasefire agreed to by the (Jovemment of Nica-
ragua and the Nicaraguan democratic resistance, as well as a report 
on £my progress made in any bilateral or multilateral talks between 
the United States and the Government of Nicaragua. 
(5) If a request of the President in accordance with this section 
proposes the transfer of funds, the request shall specify the accounts 
from which the funds are proposed to be transferred. 
(6) For purposes of this section, the term "joint resolution" means 
only a joint resolution introduced within one day of session after the 
day of session on which the Congress receives the request submitted 
by the President pursuant to paragraphs (1) or (2)— 
101 STAT. 1329-439 
PUBLIC LAW 100-202—DEC. 22, 1987 
(A) the matter after the resolving clause of which is as 
follows: "That the Congress hereby approves the additional 
authority and assistance for the Nicaraguan democratic resist-
ance that the President requested pursuant to H.J. Res. 895 of 
the 100th Congress, the Act making continuing appropriations 
for fiscal year 1988."; 
(B) which does not have a preamble; and 
(C) the title of which is as follows: "Joint Resolution relating to 
. r Central America pursuant to H.J. Res. 395 of the 100th Con-
gress.". 
(7) Any such joint resolution shall, upon introduction, be referred 
in the House of Representatives to the appropriate committee or 
committees. 
(8) If all of the committees of the House of Representatives to 
which the first joint resolution approving a request made pursuant 
to subsection OXD heis been referred have not reported such joint 
resolution by the end of February 1, 1988, any committee which has 
not reported such joint resolution shall be discharged from further 
J
*
*
i
c -r-> n i 
consideration thereof on February 2, 1988 and such joint resolution 
shall be placed on the appropriate calendar of the House. 
(9) If all of the committees of the House of Representatives to 
which the first joint resolution approving a request made pursuant 
to subsection (j)(2) has been referred have not reported such joint 
resolution by the end of ten days of session after such joint resolu-
tion was introduced, any committee which has not reported such 
joint resolution shall be discharged from further consideration 
thereof and such joint resolution shall be placed on the appropriate 
calendar of the House. 
(10) On February 3, 1988, it is in order for any Member of the 
House of Representatives (after consultation with the Speaker as to 
the most appropriate time for consideration) to move that the House 
resolve itself into the Committee of the Whole House on the State of 
the Union for the consideration of the joint resolution approving a 
request made pursuant to subsection (jXl). 
(11) It is in order for any Member of the House of Representatives 
(after consultation with the Speaker as to the most appropriate time 
for consideration) to move that the House resolve itself into the 
Committee of the Whole House on the State of the Union for the 
consideration of the joint resolution approving a request made 
pursuant to subsection (j)(2) at any time after such joint resolution 
has been on the calendar for a period of five days of session, except 
that it shall not be in order to consider such joint resolution prior to 
,,,,.^fi 
July 1,1988. 
(12) In the House of Representatives, the vote on final passage of 
the joint resolution approving a request made pursuant to subsec-
tion (jXD shall occur no later than February 3, 1988, and the vote on 
final psissage of the joint resolution approving a request made 
pursuant to subsection (j)(2) shall occur no later than September 30, 
1988. 
(kXD The motion that the House resolve itself into the Committee 
of the Whole House on the State of the Union for the consideration 
of a joint resolution in accordance with this section is highly privi-
leged and is in order even though a previous motion to the same 
effect has been disagreed to. All points of order eigainst the joint 
resolution and against its consideration are waived. If the motion is 
agreed to, the resolution shall remain the unfinished business of the 
House until disposed of. 
_ 
_ 
_^ 
^ 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-440 
(2) Debate on the joint resolution shall not exceed ten hours, 
which shall be divided equally between a Member favoring and a 
Member opposing the joint resolution. A motion to limit debate is in 
order at any time in the House or in the Committee of the Whole 
and is not debatable. 
(3) An amendment to the joint resolution is not in order. 
(4) At the conclusion of the debate on the joint resolution, the 
Committee of the Whole shall rise and report the joint resolution 
back to the House, and the previous question shall be considered as 
ordered on the joint resolution to final passage without intervening 
motion. 
(IXD A joint resolution described in subsection (jX6) introduced in 
the Senate shall be referred to the appropriate committee of the 
Senate. 
(2) If the committee to which is referred a joint resolution de-
scribed in subsection (jX6) has not reported such a resolution at the 
end of February 2, 1988, in the case of a resolution approving a 
request made pursuant to subsection (jKX), hereinafter referred to as 
the first resolution, and at the end of 15 days of session after the 
introduction of a resolution approving a request made pursuant to 
subsection (jX2), hereinafter referred to as the second resolution, 
such committee shall be discharged from further consideration of 
any such joint resolution. The second such resolution may not be 
reported before the eighth day of session after its introduction. 
(3XA) When the committee to which a Resolution is referred has 
reported, or has been discharged (under paragraph (2)) from further 
consideration of, a resolution described in subsection (j)(6)i notwith-
standing any rule or precedent of the Senate, including Rule 22, it is 
.-. . -
in order only on February 4, 1988 in the case of the first, and any 
time in July, August or September 1988 in the case of the second 
;. 
(even though a previous motion to the same effect has been dis- 
^ • •
^
' 
agreed to) for any Member of the Senate to move to proceed to the 
consideration of the resolution, and all points of order against the 
resolution (and against consideration of the resolution) are waived. 
The motion is not debatable. The motion is not subject to a motion to 
postpone. A yea and nay vote shall occur on the motion. A motion to 
reconsider the vote by which the motion is agreed to or disagreed to 
shall not be in order. If a motion to proceed to the consideration of 
the resolution is agreed to, the resolution shall remain the unfin-
ished business of the Senate until disposed of. 
(B) Debate on the resolution, and on all debatable motions and 
appeals in connection therewith, shall be limited to not more than 
ten hours, which shall be divided equally between the Majority and 
the Minority Leaders or their designees. A motion further to limit 
debate is in order and not debatable. An amendment to, or a motion 
to postpone, or a motion to proceed to the consideration of other 
business, or a motion to recommit the resolution is not in order. A 
motion to reconsider the vote by which the resolution is agreed to or 
disagreed to is not in order. 
(C) Immediately following the conclusion of debate on a resolution 
described in subsection (jX6), and a single quorum call at the conclu-
sion of the debate if requested in accordance with the rules of the 
Senate, the vote on passage of the resolution shall occur. 
(D) Appeals from the decisions of the Chair relating to the applica-
tion of the rules of the Senate to the procedure relating to a 
resolution described in subsection (jX6) shall be decided without 
debate. 
101 STAT. 1329-441 
PUBLIC LAW 100-202—DEC. 22, 1987 
(E) The vote on passage of the first such joint resolution in the 
Senate shall occur no later than 10:00 p.m., February 4,1988, and on 
the second such joint resolution not before July 1, 1988, and no later 
than 10:00 p.m., September 30, 1988. 
(4) If, before the passage by the Senate of a resolution of the 
Senate described in subsection (jX^). the Senate receives from the 
House of Representatives a resolution described in subsection (j)(6)> 
then the following procedures shgill apply: 
(A) The resolution of the House of Representatives shall not 
be referred to a committee. 
(B) With respect to a resolution described in subsection 0')(6) 
in the Senate— 
(i) the procedure in the Senate shall be the same as if no 
resolution had been received from the House; but 
(ii) the vote on passage shall be on the resolution of the 
House. 
(C) Upon disposition of the resolution received from the 
House, it shall no longer be in order to consider the resolution 
originated in the Senate. 
(5) If the Senate receives from the House of Representatives a 
resolution described in subsection (jX^) after the Senate has disposed 
of a Senate originated resolution, the action of the Senate with 
regard to the disposition of the Senate originated resolution shall be 
deemed to be the action of the Senate with regard to the House 
originated resolution. 
(mXD Section 215 in "TITLE II—CENTRAL AMERICA" in sec-
tion lOl(k) of the continuing appropriations resolution for the fiscal 
100 Stat. 
year 1987 (Public Laws 99-500 and 99-591), and subsections (p), (s) 
^^3-307, 
and (t) of section 722 of the International Security and Development 
99 Stat 249 
Cooperation Act of 1985 are hereby repealed, and the provisions of 
section 8066 of the Department of Defense Appropriations Act, 1985, 
as contained in Public Law 98-473, shall not apply to any request for 
assistance to the Nicaraguan democratic resistance. 
(2) Subsections (jhO) are enacted— 
(A) as an exercise in the rulemaking powers of the House of 
Representatives and Senate, and as such they are deemed a part 
of the Rules of the House and the Rules of the Senate, respec-
tively, but applicable only with respect to the procedure to be 
followed in the House and the Senate in the case of joint 
resolutions under this section, and they supercede other rules 
only to the extent that they are inconsistent with such rules; 
and 
(B) with full recognition of the constitutional right of the 
House and the Senate to change their rules at any time, in the 
same manner, and to the same extent as in the case of any other 
rule of the House or Senate, and of the right of the Committee 
on Rules of the House of Representatives to report a resolution 
for the consideration of any measure. 
(3) As used in this subsection, the term "day of session" means a 
day on which the respective House is in session. 
SEC. 136. (a) Paragraph (37) of section 3 of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1002(3)) is amended by 
adding at the end thereof the following new subparagraph: 
"(FXi) For purposes of this title a qualified football coaches plan— 
"(I) shall be treated as a multiemployer plan to the extent not 
inconsistent with the purposes of this subparagraph; and v > at 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-442 
Effective date. 
29 u s e 1002 
note. 
"(11) notwithstanding section 401(k)(4XB) of such Code, may 
include a qualified cash and deferred arrangement, 
"(ii) For purposes of this subparagraph, the term 'qualified foot-
ball coaches plan' means any defined contribution plan which is 
established and maintained by an organization— 
"(I) which is described in section 501(c); 
"(II) the membership of which consists entirely of individuals 
who primarily coach football as full-time employees of 4-year 
colleges or universities described in section 170(b)(l)(A)(ii); and 
"(III) which was in existence on September 18,1986." 
(b) The amendment made by this section shall apply to years 
beginning after the date of the enactment of this joint resolution. 
SEC. 137. (a) The amounts made available for Star Schools under 
section 101(h) of this joint resolution shall be available for carrying 
out the provisions of title IX of the Education for Economic Security 
Act, relating to Star Schools, as contained in section 6005 of the 
Senate amendment to H.R. 5. 
(b) The amounts made available for the workplace literacy pro-
gram under section 101(h) of this joint resolution shall be for 
carrying out the provisions of section 317 of the Adult Education 
Act, as contained in the Senate amendment to H.R. 5. 
(c) The amounts made available for dropout prevention under 
section 101(h) of this joint resolution shall be available for part A 
and part C of title VIII of the Senate amendment to H.R. 5: 
Provided, That (1) the first category of local educational agencies for 
allotment under part A shall include such agencies with a total 
enrollment of 100,000 or more students and 25 percent of the 
amount appropriated shall be allotted for such category, (2) the 
second such category shall be agencies having a total enrollment of 
20,000 but less than 100,000 and 40 percent of the amount appro-
priated shall be allotted to the second category, and (3) the third 
such category of agencies shall be allotted 30 percent of the amount 
appropriated. 
SEC. 138. (aXD For the purposes of making adjustments under 
section 619(aX2XE) of the Education of the Handicapped Act for 
fiscal year 1987, the number of handicapped children aged 3 to 5, 
inclusive receiving special education and related services for pur-
poses of section 619(aX2XAXiiXII) of such Act shall be equal to the 
number of such children receiving special education and related 
services on December 1, 1987, or, if the State educational agency so 
chooses, the number of such children on March 1,1988. 
(2) In complying with paragraph (1), the Secretary of Education 
may not use the March 1 count for the purpose of this subsection 
unless it is received by the Secretary not later than April 15, 1988. 
(3) For the purpose of this subsection, only children aged three to 
five, inclusive, as of December 1, 1987, may be included in the 
March 1,1988, count. 
Ot)) The provisions of subsection (a) shall be effective as if enacted 
Effective date. 
on October 8,1986. 
SEC. 139. There is authorized $10,000,000 to establish the Warren 
G. Magnuson Foundation and Margaret Chase Smith Foundation 
Assistance Act. 
SEC. 140. (a) In recognition of the public service of Senator Warren 
G. Magnuson, the Secretary of Education shall make grants, in 
accordance with the provisions of this joint resolution, to the 
Warren G. Magnuson Foundation for use in the development and 
activities of the Warren G. Magnuson Health Services Center at the 
Warren G. 
Magnuson. 
Grants. 
101 STAT. 1329-443 
PUBLIC LAW 100-202—DEC. 22, 1987 
Margaret Chase 
Smith. 
Grants. 
40 use 174J-1 
note. 
University of Washington at Seattle, Washington, and for other 
health and education related activities of the Foundation. 
(b) In recognition of the public service of Senator Margaret Chase 
Smith, the Secretary of Education shall make grants, in accordance 
with the provisions of this joint resolution to the Margaret Chase 
Smith Foundation for use in the development and activities of the 
Margaret Chase Smith Library Center, located in Skowhegan, 
Maine. 
(c) No payment may be made under this joint resolution unless an 
application is made to the Secretary of Education at such time, in 
such manner, and containing or accompanied by such information 
as the Secretary of Education may require. 
SEC. 141. (a) There are authorized to be appropriated such sums, 
not to exceed $5,000,000 as may be necessary to carry out the 
provisions of section 140(a) of this joint resolution. 
(b) There are authorized to be appropriated such sums, not to 
exceed $5,000,000 as may be necessary to carry out the provisions of 
section 1400t)) of this joint resolution. 
(c) Funds appropriated under this joint resolution shall remain 
avsdlable until expended. 
SEC. 144. The Committee on Rules and Administration of the 
Senate may provide for the distribution of unused food from the 
Senate cafeterias under the jurisdiction of the committee to the 
needy of the District of Columbia through an appropriate private 
distribution organization selected by the committee. 
SEC. 156. (a) The Secretary of Labor is authorized to make avail-
able from funding provided by this joint resolution and authorized 
by title IV, part B of the Job Training Partnership Act such funds as 
are necessary to match a Federal Aviation Administration grant to 
the city of San Marcos, Texas, for the functional replacement of 
buildings and other facilities at the Gary Job Corps Center, San 
Marcos, Texas: Provided, That funding made available by this joint 
resolution for this purpose shall not exceed $372,000. Such funds are 
necessary to facilitate the transfer of 37 acres, more or less, at the 
Gary Job Corps Center to the city of San Marcos, pursuant to section 
516 of the Airport and Airway Improvement Act of 1982, as 
amended Gay pending legislation: H.R. 2310/S. 1184, awaiting con-
ference), for development of the San Marcos Municipal Airport. 
0)) Notwithstanding any other provision of law, the Secretary of 
Transportation is authorized, pursuant to section 505(a) of the Air-
port and Airway Improvement Act of 1982, as amended Ot)y pending 
legislation), to issue a grant to the city of San Marcos, Texas, for the 
functional replacement of buildings and other improvements at the 
Gary Job Corps Center, San Marcos, Texas; such functional replace-
ment shall be considered as airport development as defined in 
section 503(aX2) of said Act; further, costs for such functional 
replacement shall be allowable costs, notwithstanding any provision 
of section 513(c) of said Act; funds authorized in subsection (a) of this 
section may be used to provide the needed matching share of the 
cost of such functional relocation, notwithstanding any provision of 
section 510 of said Act. 
(c) For the purpose of this section, no Federal funds used for such 
functional replacement shall be considered as an expense to the 
United States as that term is used in section 516 of the Airport 
and Airway Improvement Act of 1982, as amended (by pending 
legislation). ^—-'-•—«-.-—-•-> -.,.„.,..,.„„^,...: 
: 
,;...,: ^•,.....^-,^..^ 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-444 
(d) The 37 acres referenced in subsection (a) of this section are 
defined as follows: a tract of land being that part of the Job Corps 
site located south of and adjacent to the aircraft apron of the San 
Marcos Airport, Caldwell County, Texas. This tract is more particu-
larly described in the following paragraphs: 
'' 
-.a,.^... 
beginning at that northwest corner of the Job Corps site 
\ 
which is located near the south edge of the aircraft apron, and is 
^, 
approximately 100 feet northeasterly of the old control tower; 
thence east along the north boundary of the Job Corps site an 
approximate distance of 1850 feet to a point in the aircraft 
,.. 
apron; 
thence northeasterly along a line perpendicular to the center 
g 
line of runway 12-30 an approximate distance of 150 feet to a 
point which is approximately 750 feet from the said center line; 
•j 
thence southeasterly along a line in the aircraft apron and 
parallel to the said center line an approximate distance of 1500 
•
; 
feet to a point near the southeast edge of the said apron, 
» 
thence southwest along a line perpendicular to the said center 
,. 
line an approximate distance of 400 feet to a point; 
thence northwest along a line parallel to the said centerline 
an approximate distance of 150 feet to a point which is on an 
* 
extension of a line northeasterly along 10th Street; 
thence southwest along the said extension an approximate 
distance of 200 feet to a point; 
i 
thence northwest along a line parallel to the southwest side of 
the large solitary hangar between 9th Street and 10th Street 
and passing along the southwest side of this hangar an approxi-
mate distance of 700 feet to a point which is on an extension of a 
line northeasterly along 9th Street; 
1
- 
thence southwest along the extension of the line along 9th 
Street an approximate distance of 250 feet to a point on the 
t 
southwest line of Kane Avenue East; 
thence northwest along the southwest line of Kane Avenue 
East an approximate distance of 650 feet to an angle point in 
] 
Kane Avenue; 
-
^ 
thence west along the south line of Kane Avenue an approxi-
mate distance of 2800 feet to a point on the northwest boundary 
; 
of the Job Corps site, which is on the northwest side of Kane 
Avenue West; 
thence northeast along the said northwest boundary an 
^ 
approximate distance of 50 feet to a point on the north bound-
ary of the Job Corps site; 
thence east along the north boundary of the Job Corps site, 
which is along the north side of Kane Avenue, an approximate 
; 
distance of 1250 feet to an angle point in the boundary; 
thence north along the boundary an approximate distance of 
150 feet to an angle point in the boundary; 
I 
thence east along the boundary an approximate distance of 
250 feet to an angle point in the boundary; and 
thence north along the boundary an approximate distance of 
r 
300 feet to the point of beginning. 
;®ll T 
101 STAT. 1329-445 
PUBLIC LAW 100-202—DEC. 22, 1987 
AGRICULTURAL AID AND TRADE MISSIONS ACT 
7 use 1736bb. 
SEC. 1. AGRICULTURAL AID AND TRADE MISSIONS. 
Effective date. 
(a) EsTABUSHMENT.—Not later than 60 days after the date of 
enactment of this Act, under the chairmanship of the Secretary of 
Agriculture, the Secretary of Agriculture, the Secretary of State, 
and the Administrator shall jointly establish agricultural aid and 
trade missions to eligible countries to encourage the countries to 
participate in those United States agricultural aid and trade pro-
grams for which they are eligible in accordance with section 2 
(b) COMPOSITION.—A mission to an eligible country shall be 
composed of— 
(1) representatives of the Department of Agriculture, the 
Department of State, and the Agency for International Develop-
ment, appointed by the Secretary of Agriculture, Secretary of 
State, and Administrator, respectively; and 
(2) not less than 3, nor more than 6, representatives of market 
*
i - development cooperators, tax-exempt nonprofit agribusiness 
organizations, private voluntary organizations, and coopera-
tives, appointed jointly by the Secretary of Agriculture, Sec-
retary of State, and Administrator, 
who are knowledgeable about food aid and agricultural export 
programs, as well as the food needs, trade potential, and economy of 
the eligible country. 
(c) TBRMS.—The term of members of a mission shall terminate on 
submission of the report required under section 4. 
(d) COMPENSATION AND TRAVEL EXPENSES.—A member of a mis-
sion shall serve without compensation, if not otherwise an officer or 
employee of the United States, except that a member, while away 
from home or regular place of business in the performance of 
services under this chapter, shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, as authorized under section 5703 
of title 5, United States Code. 
7 use 1736bb-l. 
SEC. 2. REQUIRED AND ADDITIONAL MISSIONS; ELIGIBLE COUNTRIES. 
(a) REQUIRED MISSIONS.—Missions shall be established and 
completed— 
(1) not later than 6 months after the date of enactment of this 
Act, in 8 countries chosen in accordance with the criteria set 
forth in subsection (c); and 
(2) not later than 1 year after the date of enactment of this 
Act, in 8 additional countries chosen in accordance with such 
criteria. 
0>) ADDITIONAL MISSIONS.—After the completion of the missions 
referred to in subsection (a), a mission may be established to any 
foreign country chosen in accordance with the criteria set forth in 
subsection (c). 
(c) CRITERIA.— 
(1) INDIVIDUAL COUNTRIES.—Subject to paragraph (2) and 
subsection (a), a mission shall be established to a foreign coun-
try if— 
(A) the country is eligible for participation in United 
States agricultural aid and trade programs and such 
participation would be mutually advantageous to the coun-
try and the United States; and 
(B) the country is friendly to the United States. 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-446 
(2) MULTIPLE COUNTRIES.—In selecting countries for missions 
under this section, the Secretary shall— 
(A) select countries that are in various stages of develop-
ment and have various income levels; and 
(B) consider— 
(i) past participation in United States food programs; 
^ 
(ii) experience with United States agricultural aid 
and trade programs; and 
(iii) import market potential, 
(d) EuGiBiUTY OF POLAND.—Notwithstanding any other provision 
of this section, the Secretary of Agriculture may establish a mission 
in Poland. 
SEC. 3. FUNCTIONS. 
7 USC 1736bb-2. 
The members of a mission to an eligible country shall— 
(1) meet with representatives of Government agencies of the 
United States and the eligible country, as well as commodity 
boards, private enterprises, international organizations, private 
voluntary organizations, and cooperatives that operate in the 
eligible country, to assist in planning the extent to which 
United States agricultural aid and trade programs could be 
used in a mutally beneficial manner to meet the food and 
economic needs of the country; 
(2) provide technical expertise and information to representa-
tives of Government agencies of the United States and the 
eligible country and private organizations with respect to 
United States agricultural aid and trade programs and agricul-
tural commodities and other assistance available to the eligible 
country under such programs; and 
(3) assist in obtaining firm commitments for— 
(A) proposals for food aid programs; and 
(B) agreements for commodity sales. 
SEC. 4. MISSION REPORTS. 
7 USC 1736bb-3. 
Not later than 60 days after the completion of a mission under 
section 2, the mission shall submit a report that contains the 
findings and recommendations of the mission in carrying out its 
responsibilities under this chapter to the President, the Committee 
on Agriculture and the Committee on Foreign Affairs of the House 
of Representatives, the Committee on Agriculture, Nutrition, and 
Forestry and the Committee on Foreign Relations of the Senate, 
the Secretary of Agriculture, the ^cretary of State, and the 
Administrator. 
SEC. 5. PROGRESS REPORTS. 
7 USC 1736bb-4. 
During the 2-year period beginning 1 year after the date of 
enactment of this Act, the Secretary of Agriculture and the 
Administrator shall jointly submit a quarterly report on progress 
made in implementing the recommendations of the missions re-
ported under section 4, including the quantity and dollar value of 
commodities shipped to eligible countries and the specific develop-
ment programs undertaken in accordance with this chapter, to the 
Committee on Agriculture and the Committee on Foreign Affairs of 
the House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry and the Committee on Foreign Rielations of 
the Senate. 
M- •drfB'^* I 3oi.J 
101 STAT. 1329-447 
PUBLIC LAW 100-202—DEC. 22, 1987 
7 u s e 1736bb-5. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as may be 
necessary to carry out this chapter: Provided, That $200,000 is 
appropriated to carry out this chapter for fiscal year 1988. 
7 use 1736bb-6. 
SEC. 7. DEFINITIONS. 
As used in this chapter: 
(1) ADMINISTRATOR.—The term "Administrator" means the 
Administrator of the Agency for International Development. 
(2) EuGiBLE COUNTRY.—The term "eligible country" means a 
country that is eligible under section 2(c). 
(3) MISSION.—The term "mission" means an agricultural aid 
and trade mission established under section 1. 
(4) UNITED STATES AGRICULTURAL AID AND TRADE PROGRAMS.— 
The term "United States agricultural aid and trade programs" 
includes— 
(A) programs established under titles I and II of the 
Agricultural Trade Development and Assistance Act of 
1954 (7 U.S.C. 1701 et seq.); 
(B) the program established under section 416 of the 
^ . 
^ ^ Agricultural Act of 1949 (7 U.S.C. 1431); 
ifii-x, I, V ^^^ ^j^^ agricultural export enhancement program estab-
lished under section 1127 of the Food Security Act of 1985 (7 
U.S.C. 1736v); 
(D) the dairy export incentive program established under 
section 153 of the Food Security Act of 1985 (15 U.S.C. 713a-
(E) the export credit guarantee program (GSM-102) estab-
lished under section 5(f) of the Commodity Credit Corpora-
tion Charter Act (15 U.S.C. 714c(f)); 
(F) the intermediate export credit guarantee program 
(GSM-103) established under section 40)) of the Food for 
- -c 
-'!' >
' ^ 
Peace Act of 1966 (7 U.S.C. 1707a(b)); 
(G) the food for progress program established under sec-
tion 1110 of the Food Security Act of 1985 (7 U.S.C. 1736o); 
and 
(H) other agricultural aid and trade programs authorized 
by the Food Security Act of 1985 (Public Law 99-198), by 
the Commodity Credit Corporation Charter Act (15 U.S.C. 
714 et seq.), or by other applicable authorities. 
Subtitle E—Public Law 480 and Related Provisions 
; -cf ( 
/ \; 
SEC 8. LEVEL OF SALES FOR FOREIGN CURRENCY. 
Section 1010)) of the Agricultural Trade Development and Assist-
ance Act of 1954 (7 U.S.C. 1701(b)) is amended— 
President of U.S. 
(1) in paragraph (1>, by adding at the end the following: "For 
each of the fiscal years 1988 through 1990, each agreement 
entered into under this title shall provide for some sale for 
foreign currencies for use under section 108, (except for agree-
ments with a country the President determines is incapable of 
participating in section 108) unless the President determines 
that the level of agricultural commodities furnished under title 
I will be significantly reduced as a result of this sentence."; and 
PUBLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-448 
(2) in paragraph (2), by inserting ", or enter into sales agree-
ments not providing for sales for foreign currencies for use 
under section 108," ^ter "currencies". 
SEC. 9. TERMS AND CONDITIONS OF AGREEMENTS WITH FRIENDLY 
COUNTRIES AND ORGANIZATIONS. 
Section 103 of the Agricultural Trade Development and Assist-
ance Act of 1954 (7 U.S.C. 1703) is amended— 
(1) by striking out "and" at the end of subsection (p); 
(2) by striking out the period at the end of subsection (q) and 
inserting in lieu thereof "; and"; and 
(3) by adding at the end thereof the following: 
"(r) give favorable consideration in the allocation of commodities 
under this title to countries promoting the private sector through 
the use of section 108.". 
SEC. 10. CRITERIA OF SELF-HELP MEASURES. 
The first sentence of section 109(a) of the Agricultural Trade 
Development and Assistance Act of 1954 (7 U.S.C. 1709(a)) is 
amended— 
(1) by striking out "and" at the end of paragraph (10); 
(2) by striking out the period at the end of paragraph (11) and 
inserting in lieu thereof "; and"; and 
(3) by adding at the end thereof the following: 
"(12) promoting the conservation and study of biological diver-
sity.". 
SEC. 11. USE OF COOPERATIVES TO FURNISH COMMODITIES. 
The third sentence of section 202(a) of the Agricultural Trade 
Development and Assistance Act of 1954 (7 U.S.C. 1722(a)) is 
amended by inserting "or cooperatives" after "voluntary agencies". 
SEC. 12. NONEMERGENCY PROGRAMS UNDER TITLE II OF PUBLIC LAW 480. 
The first sentence of section 206 of the Agricultural Trade Devel-
opment and Assistance Act of 1954 (7 U.S.C. 1726) is amended by 
inserting after "extraordinary relief requirements," the following: 
"or for nonemergency programs conducted by nonprofit voluntary 
agencies or cooperatives,". 
SEC. 1
3
. 
REPORTS 
ON 
SALES 
AND 
BARTER 
AND 
USE 
OF 
FOREIGN 
CUR-
RENCY 
PROCEEDS. 
Section 206 of the Agricultural Trade Development and Assist-
ance Act of 1954 (7 U.S.C. 1726) (as amended by section 655 of this 
Act) is further amended— 
(1) by inserting "(a)" after the section designation; and 
(2) by adding at the end thereof the following: 
"0)) Not later than February 15, 1988, and annually thereafter. 
President of U.S. 
the President shall report to Congress on sales and barter, and use 
of foreign currency proceeds, under this section and section 207 
during the preceding fiscal year. Such report shall include informa-
tion on— 
"(1) the quantity of commodities furnished for such sale or 
barter; 
"(2) the amount of funds (including dollar equivalents for 
- ^ * 
•". foreign currencies) and value of services generated from such 
sales and barter in the preceding fiscal year; 
"(3) how such funds and services were used; 
101 STAT. 1329-449 
PUBLIC LAW 100-202—DEC. 22, 1987 
* 
"(4) the amount of foreign currency proceeds that were used 
•;' under agreements under this section and section 207 in the 
preceding fiscal year, and the percentage of the quantity of all 
J commodities and products furnished under this section and 
section 207 in such fiscal year such use represented; 
"(5) the President's best estimate of the amount of foreign 
'-' currency proceeds that will be used, under agreements under 
this section and section 207, in the then current fiscal year and 
the next following fiscal year (if all requests for such use are 
agreed to), and the percentage that such estimated use rep-
resents of the quantity of all commodities and products that the 
President estimates will be furnished under this section and 
section 207 in each such fiscal year; 
"(6) the effectiveness of such sales, barter, and use during the 
preceding fiscal year in facilitating the distribution of commod-
ities and products under this section and section 207; 
"(7) the extent to which such sales, barter, or uses— 
"(A) displace or interfere with commercial sales of United 
States agricultural commodities and products that other-
wise would be made; 
"(B) affect usual marketings of the United States; 
"(C) disrupt world prices of agricultural commodities or 
normal patterns of trade with friendly countries; or 
"(D) discourage local production and marketing of agri-
^ ( = cultural commodities in the countries in which commodities 
and products are distributed under this title; and 
"(8) the President's recommendations, if any, for changes to 
improve the conduct of sales, barter, or use activities under this 
section and section 207.". 
SEC. 14. USES OF FOREIGN CURRENCIES. 
Section 207 of the Agricultural Trade Development and Assist-
ance Act of 1954 (7 U.S.C. 1726a) is amended— 
(1) in subsection (a), by inserting "or cooperative" after 
"agency"; 
(2) in subsection O
t
>
)
, by striking out "5 percent" and inserting 
in lieu thereof "10 percent"; and 
(3) by adding at the end the following: 
"(c) Foreign currencies generated from any partial or full sales or 
barter of commodities by a nonprofit voluntary agency or coopera-
tive shall be used— 
"(1) to transport, store, distribute, and otherwise enhance the 
effectiveness of the use of commodities and the products thereof 
donated under this title; and 
"(2) to implement income generating, community develop-
ment, health, nutrition, cooperative development, agricultural 
programs, and other developmental activities.". 
SEC. 15. PERIODS FOR REVIEW AND COMMENT. 
Title II of the Agricultural Trade Development and Assistance Act 
of 1954 (7 U.S.C. 1721 et seq.) is amended by adding at the end 
thereof the following: 
7 u s e 1726b. 
"SEC. 208. PERIODS FOR REVIEW AND COMMENT. 
"(a) RESPONSE.—If a proposal to make agricultural commodities 
available under this title is submitted by a nonprofit voluntary 
agency or cooperative with the concurrence of the appropriate 
PUBlLIC LAW 100-202—DEC. 22, 1987 
101 STAT. 1329-450 
United States Government field mission or if a proposal to make 
agricultural commodities available to a nonprofit voluntary agency 
or cooperative is submitted by the United States Government field 
mission, a decision on the proposal shall be provided within 45 days 
after receipt by the Agency for International Development office in 
Washington, D.C. The response shall detail the reasons for approval 
or denial of the proposal. If the proposal is denied, the response shall 
specify the conditions that would need to be met for the proposal to 
be approved. 
"(b) NOTICE AND COMMENT.—Not later than 30 days before the President of U.S. 
issuance of a final guideline to carry out this title, the President 
shall— 
"(1) provide notice of the proposed guideline to nonprofit 
voluntary agencies and cooperatives that participate in pro-
grams under this title, and other interested persons, that the 
proposed guideline is available for review and comment; 
"(2) make the proposed guideline available, on request, to the 
agencies, cooperatives, and others; and 
"(3) take any comments received into consideration before the 
issuance of the final guideline. 
"(c) DEADUNE FOR SUBMISSION OF COMMODITY ORDERS.—Not later 
than 15 days after receipt of a call forward from a field mission for 
commodities or products that meets the requirements of this title, 
the order for the purchase or the supply, from inventory, of such 
commodities or products shall be transmitted to the Commodity 
Credit Corporation.". 
Approved December 22, 1987. 
. Certified April 20, 1988. 
Eklitorial note: This printed version of the original hand enrollment is published 
pursuant to section 101(nX4) of this law. The following memorandum for the Archivist 
of the United States was signed by the President on January 28,1988, and was printed 
in the Federal Register on February 1, 1988: 
By the authority vested in me as President by the Constitution and laws of the 
United States, including Section 301 of Title 3 of the United States Code, I hereby 
authorize you to ascertain whether the printed enrollment of H.J. Res. 395, Joint 
Resolution making further continuing appropriations for the fiscal year 1988 (Public 
Law 100-202), and H.R. 3545, the Omnibus Budget Reconciliation Act of 1987 (Public 
Law 100-203), are correct printings of the hand enrollments, which were approved on 
December 22, 1987, and if so to make on my behalf the certifications required by 
Section 101(nX4) of H.J. Res. 395 and Section 8004(c) of H.R. 3545. 
Attached are the printed enrollments of H.J. Res. 395 and H.R. 3545, which were 
received at the White House on January 27, 1988. 
This memorandum shall be published in the Federal Register. 
The Archivist on April 20, 1988, certified this to be a correct printing of the hand 
enrollment of Public Law 100-202. 
LEGISLATIVE HISTORY—H.J. Res. 395: 
HOUSE REPORTS: No. 100-415 (Comm. on Appropriations) and No. 100-498 (Comm. 
of Conference). 
SENATE REPORTS: No. 100-238 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
Dec. 3, considered and passed House. 
Dec. 11, considered and passed Senate, amended. 
Dec. 21, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): 
Dec. 22, Presidential remarks.