united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized by 28 U.S.C. 589a(a), $114,248,000, to remain available until
expended and to be derived from the United States Trustee System Fund:
Provided, That, notwithstanding any other provision of law, deposits to
the Fund shall be available in such amounts as may be necessary to pay
refunds due depositors: Provided further, That, notwithstanding any
other provision of law, $114,248,000 of offsetting collections derived
from fees collected pursuant to 28 U.S.C. 589a(b) shall be retained and
used for necessary expenses in this appropriation and remain available
until expended: Provided further, That the sum herein appropriated from
the Fund shall be reduced as such offsetting collections are received
during fiscal year 1999, so as to result in a final fiscal year 1999
appropriation from the Fund estimated at $0: Provided further, That any
funds collected in fiscal year 1998 in excess of $114,248,000 are not
available for obligation.
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by 5
U.S.C. 3109, $1,227,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals Service;
including the acquisition, lease, maintenance, and operation of
vehicles, and the purchase of passenger motor vehicles for police-type
use, without regard to the general purchase price limitation for the
current fiscal year, $477,056,000, as authorized by 28 U.S.C. 561(i); of
which not to exceed $6,000 shall be available for official reception and
representation expenses; and of which not to exceed $4,000,000 for
development, implementation, maintenance and support, and training for
an automated prisoner information system shall remain available until
expended.
In addition, $25,553,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
For planning, constructing, renovating, equipping, and maintaining
United States Marshals Service prisoner-holding space in United States
courthouses and federal buildings, including the renovation and
expansion of prisoner movement areas, elevators, and sallyports,
$4,600,000, to remain available until expended.
There is hereby established <<NOTE: 18 USC 4013 note.>> a Justice
Prisoner and Alien Transportation System Fund for the payment of
necessary expenses related to the scheduling and transportation of
United States prisoners and illegal and criminal aliens in the custody
of the United States Marshals Service, as authorized in 18 U.S.C. 4013,
including, without limitation, salaries and expenses, operations, and
the acquisition, lease, and maintenance of aircraft and support
facilities:
[[Page 112 STAT. 2681-55]]
Provided, That the Fund shall be reimbursed or credited with advance
payments from amounts available to the Department of Justice, other
Federal agencies, and other sources at rates that will recover the
expenses of Fund operations, including, without limitation, accrual of
annual leave and depreciation of plant and equipment of the Fund:
Provided further, That proceeds from the disposal of Fund aircraft shall
be credited to the Fund: Provided further, That amounts in the Fund
shall be available without fiscal year limitation, and may be used for
operating equipment lease agreements that do not exceed 5 years.
federal prisoner detention
For expenses, related to United States prisoners in the custody of
the United States Marshals Service as authorized in 18 U.S.C. 4013, but
not including expenses otherwise provided for in appropriations
available to the Attorney General, $425,000,000, as authorized by 28
U.S.C. 561(i), to remain available until expended.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of witnesses, for
expenses of contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, and for per diems in lieu of
subsistence, as authorized by law, including advances, $95,000,000, to
remain available until expended; of which not to exceed $6,000,000 may
be made available for planning, construction, renovations, maintenance,
remodeling, and repair of buildings, and the purchase of equipment
incident thereto, for protected witness safesites; and of which not to
exceed $1,000,000 may be made available for the purchase and maintenance
of armored vehicles for transportation of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964, $7,199,000 and,
in addition, up to $500,000 of funds made available to the Department of
Justice in this Act may be transferred by the Attorney General to this
account: Provided, That notwithstanding any other provision of law, upon
a determination by the Attorney General that emergent circumstances
require additional funding for conflict prevention and resolution
activities of the Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department of
Justice, as may be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the previous proviso shall be
treated as a reprogramming under section 605 of this Act and shall not
be available for obligation or expenditure except in compliance with the
procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F), and
(G), as amended, $23,000,000, to be derived from the Department of
Justice Assets Forfeiture Fund.
[[Page 112 STAT. 2681-56]]
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with the
Radiation Exposure Compensation Act, $2,000,000.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation, and
prosecution of individuals involved in organized crime drug trafficking
not otherwise provided for, to include intergovernmental agreements with
State and local law enforcement agencies engaged in the investigation
and prosecution of individuals involved in organized crime drug
trafficking, $304,014,000, of which $50,000,000 shall remain available
until expended: Provided, That any amounts obligated from appropriations
under this heading may be used under authorities available to the
organizations reimbursed from this appropriation: Provided further, That
any unobligated balances remaining available at the end of the fiscal
year shall revert to the Attorney General for reallocation among
participating organizations in succeeding fiscal years, subject to the
reprogramming procedures described in section 605 of this Act.
Federal Bureau of Investigation
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States; including purchase for police-type use of not to exceed 2,668
passenger motor vehicles, of which 2,000 will be for replacement only,
without regard to the general purchase price limitation for the current
fiscal year, and hire of passenger motor vehicles; acquisition, lease,
maintenance, and operation of aircraft; and not to exceed $70,000 to
meet unforeseen emergencies of a confidential character, to be expended
under the direction of, and to be accounted for solely under the
certificate of, the Attorney General, $2,746,805,000; of which not to
exceed $50,000,000 for automated data processing and telecommunications
and technical investigative equipment and not to exceed $1,000,000 for
undercover operations shall remain available until September 30, 2000;
of which not less than $292,473,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other activities
related to our national security; of which not to exceed $61,800,000
shall remain available until expended; of which not to exceed
$10,000,000 is authorized to be made available for making advances for
expenses arising out of contractual or reimbursable agreements with
State and local law enforcement agencies while engaged in cooperative
activities related to violent crime, terrorism, organized crime, and
drug investigations; and of which $1,500,000 shall be available to
maintain an independent program office dedicated solely to the
automation of fingerprint identification services: Provided, That not to
exceed $45,000 shall be available for official reception and
representation expenses: Provided further, That no funds in this Act may
be used to provide ballistics imaging
[[Page 112 STAT. 2681-57]]
equipment to any State or local authority which has obtained similar
equipment through a Federal grant or subsidy unless the State or local
authority agrees to return that equipment or to repay that grant or
subsidy to the Federal Government.
In addition, $223,356,000 for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund, as authorized by the Violent Crime Control and Law Enforcement Act
of 1994, as amended, and the Antiterrorism and Effective Death Penalty
Act of 1996.
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $1,287,000, to remain
available until expended.
Drug Enforcement Administration
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs, including
travel and related expenses for participants in such programs and the
distribution of items of token value that promote the goals of such
programs; purchase of not to exceed 1,428 passenger motor vehicles, of
which 1,080 will be for replacement only, for police-type use without
regard to the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of aircraft;
$800,780,000, of which not to exceed $1,800,000 for research and
$15,000,000 for transfer to the Drug Diversion Control Fee Account for
operating expenses shall remain available until expended, and of which
not to exceed $4,000,000 for purchase of evidence and payments for
information, not to exceed $10,000,000 for contracting for automated
data processing and telecommunications equipment, and not to exceed
$2,000,000 for laboratory equipment, $4,000,000 for technical equipment,
and $2,000,000 for aircraft replacement retrofit and parts, shall remain
available until September 30, 2000; and of which not to exceed $50,000
shall be available for official reception and representation expenses.
In addition, $405,000,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $8,000,000, to remain
available until expended.
[[Page 112 STAT. 2681-58]]
Immigration and Naturalization Service
salaries and expenses
For expenses necessary for the administration and enforcement of the
laws relating to immigration, naturalization, and alien registration, as
follows:
enforcement and border affairs
For salaries and expenses for the Border Patrol program, the
detention and deportation program, the intelligence program, the
investigations program, and the inspections program, including not to
exceed $50,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be accounted
for solely under the certificate of, the Attorney General; purchase for
police-type use (not to exceed 3,855 passenger motor vehicles, of which
2,535 are for replacement only), without regard to the general purchase
price limitation for the current fiscal year, and hire of passenger
motor vehicles; acquisition, lease, maintenance and operation of
aircraft; research related to immigration enforcement; for protecting
and maintaining the integrity of the borders of the United States
including, without limitation, equipping, maintaining, and making
improvements to the infrastructure; and for the care and housing of
Federal detainees held in the joint Immigration and Naturalization
Service and United States Marshals Service's Buffalo Detention Facility,
$1,069,754,000, of which not to exceed $400,000 for research shall
remain available until expended; of which not to exceed $10,000,000
shall be available for costs associated with the training program for
basic officer training, and $5,000,000 is for payments or advances
arising out of contractual or reimbursable agreements with State and
local law enforcement agencies while engaged in cooperative activities
related to immigration; and of which not to exceed $5,000,000 is to fund
or reimburse other Federal agencies for the costs associated with the
care, maintenance, and repatriation of smuggled illegal aliens:
Provided, That none of the funds available to the Immigration and
Naturalization Service shall be available to pay any employee overtime
pay in an amount in excess of $30,000 during the calendar year beginning
January 1, 1999: Provided further, That uniforms may be purchased
without regard to the general purchase price limitation for the current
fiscal year: Provided further, That none of the funds provided in this
or any other Act shall be used for the continued operation of the San
Clemente and Temecula checkpoints unless the checkpoints are open and
traffic is being checked on a continuous 24-hour basis.
citizenship and benefits, immigration support and program direction
For all programs of the Immigration and Naturalization Service not
included under the heading ``Enforcement and Border Affairs'',
$552,083,000: Provided, That not to exceed $5,000 shall be available for
official reception and representation expenses: Provided further, That
the Attorney General may transfer any funds appropriated under this
heading and the heading ``Enforcement and Border Affairs'' between said
appropriations notwithstanding any percentage transfer limitations
imposed under this appropriation Act and
[[Page 112 STAT. 2681-59]]
may direct such fees as are collected by the Immigration and
Naturalization Service to the activities funded under this heading and
the heading ``Enforcement and Border Affairs'' for performance of the
functions for which the fees legally may be expended: Provided further,
That not to exceed 43 permanent positions and 43 full-time equivalent
workyears and $4,284,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further, That the
latter two aforementioned offices shall not be augmented by personnel
details, temporary transfers of personnel on either a reimbursable or
non-reimbursable basis, or any other type of formal or informal transfer
or reimbursement of personnel or funds on either a temporary or long-
term basis: Provided further, That the number of positions filled
through non-career appointment at the Immigration and Naturalization
Service, for which funding is provided in this Act or is otherwise made
available to the Immigration and Naturalization Service, shall not
exceed 4 permanent positions and 4 full-time equivalent workyears:
Provided further, That funds may be used, without limitation, for
equipping, maintaining, and making improvements to the infrastructure
and the purchase of vehicles for police type use within the limits of
the Enforcement and Border Affairs appropriation: Provided further,
That, notwithstanding any other provision of law, during fiscal year
1999, the Attorney General is authorized and directed to impose
disciplinary action, including termination of employment, pursuant to
policies and procedures applicable to employees of the Federal Bureau of
Investigation, for any employee of the Immigration and Naturalization
Service who violates policies and procedures set forth by the Department
of Justice relative to the granting of citizenship or who willfully
deceives the Congress or department leadership on any matter.
violent crime reduction programs
In addition, $842,490,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund: Provided, That the Attorney General may use the transfer authority
provided under the heading ``Citizenship and Benefits, Immigration
Support and Program Direction'' to provide funds to any program of the
Immigration and Naturalization Service that heretofore has been funded
by the Violent Crime Reduction Trust Fund.
construction
For planning, construction, renovation, equipping, and maintenance
of buildings and facilities necessary for the administration and
enforcement of the laws relating to immigration, naturalization, and
alien registration, not otherwise provided for, $90,000,000, to remain
available until expended: Provided, That no funds shall be available for
the site acquisition, design, or construction of any Border Patrol
checkpoint in the Tucson sector.
Federal Prison System
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions,
[[Page 112 STAT. 2681-60]]
including purchase (not to exceed 763, of which 599 are for replacement
only) and hire of law enforcement and passenger motor vehicles, and for
the provision of technical assistance and advice on corrections related
issues to foreign governments, $2,862,354,000: Provided, <<NOTE: 42 USC
250a.>> That the Attorney General may transfer to the Health Resources
and Services Administration such amounts as may be necessary for direct
expenditures by that Administration for medical relief for inmates of
Federal penal and correctional institutions: Provided further, That the
Director of the Federal Prison System (FPS), where necessary, may enter
into contracts with a fiscal agent/fiscal intermediary claims processor
to determine the amounts payable to persons who, on behalf of the FPS,
furnish health services to individuals committed to the custody of the
FPS: Provided further, That not to exceed $6,000 shall be available for
official reception and representation expenses: Provided further, That
not to exceed $90,000,000 for the activation of new facilities shall
remain available until September 30, 2000: Provided further, That, of
the amounts provided for Contract Confinement, not to exceed $20,000,000
shall remain available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education Assistance Act of
1980, as amended, for the care and security in the United States of
Cuban and Haitian entrants: Provided further, That, notwithstanding
section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS
may enter into contracts and other agreements with private entities for
periods of not to exceed 3 years and 7 additional option years for the
confinement of Federal prisoners.
In addition, $26,499,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility; purchase
and acquisition of facilities and remodeling, and equipping of such
facilities for penal and correctional use, including all necessary
expenses incident thereto, by contract or force account; and
constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$410,997,000, to remain available until expended, of which not to exceed
$14,074,000 shall be available to construct areas for inmate work
programs: Provided, That labor of United States prisoners may be used
for work performed under this appropriation: Provided further, That not
to exceed 10 percent of the funds appropriated to ``Buildings and
Facilities'' in this Act or any other Act may be transferred to
``Salaries and Expenses'', Federal Prison System, upon notification by
the Attorney General to the Committees on Appropriations of the House of
Representatives and the Senate in compliance with provisions set forth
in section 605 of this Act.
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures, within the limits of funds and
[[Page 112 STAT. 2681-61]]
borrowing authority available, and in accord with the law, and to make
such contracts and commitments, without regard to fiscal year
limitations as provided by section 9104 of title 31, United States Code,
as may be necessary in carrying out the program set forth in the budget
for the current fiscal year for such corporation, including purchase of
(not to exceed five for replacement only) and hire of passenger motor
vehicles.
Not to exceed $3,266,000 of the funds of the corporation shall be
available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be
determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses in
connection with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended, and the Missing Children's Assistance Act, as
amended, including salaries and expenses in connection therewith, and
with the Victims of Crime Act of 1984, as amended, $147,151,000, to
remain available until expended, as authorized by section 1001 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended
by Public Law 102-534 (106 Stat. 3524).
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, for State and Local Narcotics Control
and Justice Assistance Improvements, notwithstanding the provisions of
section 511 of said Act, $552,000,000, to remain available until
expended, as authorized by section 1001 of title I of said Act, as
amended by Public Law 102-534 (106 Stat. 3524), of which $47,000,000
shall be available to carry out the provisions of chapter A of subpart 2
of part E of title I of said Act, for discretionary grants under the
Edward Byrne Memorial State and Local Law Enforcement Assistance
Programs.
violent crime reduction programs, state and local law enforcement
assistance
For assistance (including amounts for administrative costs for
management and administration, which amounts shall be transferred to and
merged with the ``Justice Assistance'' account)
[[Page 112 STAT. 2681-62]]
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), as amended (``the 1994 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968, as amended (``the 1968 Act''); and
the Victims of Child Abuse Act of 1990, as amended (``the 1990 Act''),
$2,369,950,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund; of which
$523,000,000 shall be for Local Law Enforcement Block Grants, pursuant
to H.R. 728 as passed by the House of Representatives on February 14,
1995, except that for purposes of this Act, the Commonwealth of Puerto
Rico shall be considered a ``unit of local government'' as well as a
``State'', for the purposes set forth in paragraphs (A), (B), (D), (F),
and (I) of section 101(a)(2) of H.R. 728 and for establishing crime
prevention programs involving cooperation between community residents
and law enforcement personnel in order to control, detect, or
investigate crime or the prosecution of criminals: Provided, That no
funds provided under this heading may be used as matching funds for any
other Federal grant program: Provided further, That $40,000,000 of this
amount shall be for Boys and Girls Clubs in public housing facilities
and other areas in cooperation with State and local law enforcement:
Provided further, That funds may also be used to defray the costs of
indemnification insurance for law enforcement officers: Provided
further, That, hereafter, for the purpose of eligibility for the Local
Law Enforcement Block Grant Program in the State of Louisiana, parish
sheriffs are to be considered the unit of local government at the parish
level under section 108 of H.R. 728: Provided further, That $20,000,000
shall be available to carry out section 102(2) of H.R. 728; of which
$45,000,000 shall be for grants to upgrade criminal records, as
authorized by section 106(b) of the Brady Handgun Violence Prevention
Act of 1993, as amended, and section 4(b) of the National Child
Protection Act of 1993; of which $420,000,000 shall be for the State
Criminal Alien Assistance Program, as authorized by section 242(j) of
the Immigration and Nationality Act, as amended; of which $720,500,000
shall be for Violent Offender Incarceration and Truth in Sentencing
Incentive Grants pursuant to subtitle A of title II of the 1994 Act, of
which $165,000,000 shall be available for payments to States for
incarceration of criminal aliens, of which $25,000,000 shall be
available for the Cooperative Agreement Program, and of which
$34,000,000 shall be reserved by the Attorney General for fiscal year
1999 under section 20109(a) of subtitle A of title II of the 1994 Act;
of which $9,000,000 shall be for the Court Appointed Special Advocate
Program, as authorized by section 218 of the 1990 Act; of which
$2,000,000 shall be for Child Abuse Training Programs for Judicial
Personnel and Practitioners, as authorized by section 224 of the 1990
Act; of which $206,750,000 shall be for Grants to Combat Violence
Against Women, to States, units of local government, and Indian tribal
governments, as authorized by section 1001(a)(18) of the 1968 Act,
including $23,000,000 which shall be used exclusively for the purpose of
strengthening civil legal assistance programs for victims of domestic
violence, and $10,000,000 which shall be used exclusively for violence
on college campuses: Provided further, That, of these funds, $5,200,000
shall be provided to the National Institute of Justice for research and
evaluation of violence against women, $1,196,000 shall be provided to
the Office of the United States Attorney for the District of Columbia
for domestic violence programs in D.C. Superior Court,
[[Page 112 STAT. 2681-63]]
and $10,000,000 shall be available to the Office of Juvenile Justice and
Delinquency Prevention for the Safe Start Program, to be administered as
authorized by part C of the Juvenile Justice and Delinquency Act of
1974, as amended; of which $34,000,000 shall be for Grants to Encourage
Arrest Policies to States, units of local government, and Indian tribal
governments, as authorized by section 1001(a)(19) of the 1968 Act; of
which $25,000,000 shall be for Rural Domestic Violence and Child Abuse
Enforcement Assistance Grants, as authorized by section 40295 of the
1994 Act; of which $5,000,000 shall be for training programs to assist
probation and parole officers who work with released sex offenders, as
authorized by section 40152(c) of the 1994 Act, and for local
demonstration projects; of which $1,000,000
shall be for grants for televised testimony, as authorized by section
1001(a)(7) of the 1968 Act; of which $5,000,000 shall be for the Tribal
Courts Initiative; of which $63,000,000 shall be for grants for
residential substance abuse treatment for State prisoners, as authorized
by section 1001(a)(17) of the 1968 Act; of which $15,000,000 shall be
for grants to States and units of local government for projects to
improve DNA analysis, as authorized by section 1001(a)(22) of the 1968
Act; of which $900,000 shall be for the Missing Alzheimer's Disease
Patient Alert Program, as authorized by section 240001(c) of the 1994
Act; of which $1,300,000 shall be for Motor Vehicle Theft Prevention
Programs, as authorized by section 220002(h) of the 1994 Act; of which
$40,000,000 shall be for Drug Courts, as authorized by title V of the
1994 Act; of which $1,500,000 shall be for Law Enforcement Family
Support Programs, as authorized by section 1001(a)(21) of the 1968 Act;
of which $2,000,000 shall be for public awareness programs addressing
marketing scams aimed at senior citizens, as authorized by section
250005(3) of the 1994 Act; and of which $250,000,000 shall be for
Juvenile Accountability Incentive Block Grants, except that such funds
shall be subject to the same terms and conditions as set forth in the
provisions under this heading for this program in Public Law 105-119,
but all references in such provisions to 1998 shall be deemed to refer
instead to 1999: Provided further, That funds made available in fiscal
year 1999 under subpart 1 of part E of title I of the 1968 Act may be
obligated for programs to assist States in the litigation processing of
death penalty Federal habeas corpus petitions and for drug testing
initiatives: Provided further, That, if a unit of local government uses
any of the funds made available under this title to increase the number
of law enforcement officers, the unit of local government will achieve a
net gain in the number of law enforcement officers who perform
nonadministrative public safety service.
For necessary expenses, including salaries and related expenses of
the Executive Office for Weed and Seed, to implement ``Weed and Seed''
program activities, $33,500,000 to remain available until expended, for
intergovernmental agreements, including grants, cooperative agreements,
and contracts, with State and local law enforcement agencies engaged in
the investigation and prosecution of violent crimes and drug offenses in
``Weed and Seed'' designated communities, and for either reimbursements
or transfers to appropriation accounts of the Department of Justice and
other Federal agencies which shall be specified by the Attorney General
to execute the ``Weed and Seed'' program strategy: Provided, That funds
des-
[[Page 112 STAT. 2681-64]]
ignated by Congress through language for other Department of Justice
appropriation accounts for ``Weed and Seed'' program activities shall be
managed and executed by the Attorney General through the Executive
Office for Weed and Seed: Provided further, That the Attorney General
may direct the use of other Department of Justice funds and personnel in
support of ``Weed and Seed'' program activities only after the Attorney
General notifies the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 605 of this
Act.
Community Oriented Policing Services
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994, Public Law 103-322 (``the 1994 Act'')
(including administrative costs), $1,400,000,000, to remain available
until expended, which shall be derived from the Violent Crime Reduction
Trust Fund, for Public Safety and Community Policing Grants pursuant to
title I of the 1994 Act: Provided, That not to exceed 266 permanent
positions and 266 full-time equivalent workyears and $32,023,000 shall
be expended for program management and administration: Provided further,
That of the funds made available under this heading and the unobligated
balances available in this program, $180,000,000 shall be used for
innovative community policing programs, of which $80,000,000 shall be
used for a law enforcement technology program, $35,000,000 shall be used
for policing initiatives to combat methamphetamine production and
trafficking and to enhance policing initiatives in drug ``hot spots'',
$17,500,000 shall be used for programs to combat violence in schools,
$25,000,000 shall be used for the Matching Grant Program for Law
Enforcement Armor Vests pursuant to section 2501 of part Y of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended,
$5,000,000 shall be used for additional community law enforcement
officers and related program support for the District of Columbia
Offender Supervision, Defender, and Court Services Agency, $12,500,000
shall be used for the Community Policing to Combat Domestic Violence
Program pursuant to section 1701(d) of part Q of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended, and $5,000,000 shall
be used for Community Prosecutors programs: Provided further, That up to
$35,000,000 shall be available to improve tribal law enforcement
including equipment and training.
In addition, for programs of Police Corps education, training, and
service as set forth in sections 200101-200113 of the 1994 Act,
$30,000,000, to remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund.
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974, as amended, (``the Act''), including salaries and expenses in
connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $267,597,000, to remain available
until expended, as authorized by section 299 of part I of title II and
section 506 of title V of the Act, as amended by Public Law 102-586, of
which (1) notwithstanding any other
[[Page 112 STAT. 2681-65]]
provision of law, $6,847,000 shall be available for expenses authorized
by part A of title II of the Act, $89,000,000 shall be available for
expenses authorized by part B of title II of the Act, and $42,750,000
shall be available for expenses authorized by part C of title II of the
Act: Provided, That $26,500,000 of the amounts provided for part B of
title II of the Act, as amended, is for the purpose of providing
additional formula grants under part B to States that provide assurances
to the Administrator that the State has in effect (or will have in
effect no later than one year after date of application) policies and
programs, that ensure that juveniles are subject to accountability-based
sanctions for every act for which they are adjudicated delinquent; (2)
$12,000,000 shall be
available for expenses authorized by sections 281 and 282 of part D of
title II of the Act for prevention and treatment programs relating to
juvenile gangs; (3) $10,000,000 shall be available for expenses
authorized by section 285 of part E of title II of the Act; (4)
$12,000,000 shall be available for expenses authorized by part G of
title II of the Act for juvenile mentoring programs; and (5) $95,000,000
shall be available for expenses authorized by title V of the Act for
incentive grants for local delinquency prevention programs; of which
$10,000,000 shall be for delinquency prevention, control, and system
improvement programs for tribal youth; of which $25,000,000 shall be
available for grants of $360,000 to each state and $6,640,000 shall be
available for discretionary grants to states, for programs and
activities to enforce state laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of alcoholic
beverages by minors, prevention and reduction of consumption of
alcoholic beverages by minors, and for technical assistance and
training: Provided further, That upon the enactment of reauthorization
legislation for Juvenile Justice Programs under the Juvenile Justice and
Delinquency Prevention Act of 1974, as amended, funding provisions in
this Act shall from that date be subject to the provisions of that
legislation and any provisions in this Act that are inconsistent with
that legislation shall no longer have effect: Provided further, That of
amounts made available under the Juvenile Justice Programs of the Office
of Justice Programs to carry out part B (relating to Federal Assistance
for State and Local Programs), subpart II of part C (relating to Special
Emphasis Prevention and Treatment Programs), part D (relating to Gang-
Free Schools and Communities and Community-Based Gang Intervention),
part E (relating to State Challenge Activities), and part G (relating to
Mentoring) of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974, and to carry out the At-Risk Children's Program
under title V of that Act, not more than 10 percent of each such amount
may be used for research, evaluation, and statistics activities designed
to benefit the programs or activities authorized under the appropriate
part or title, and not more than 2 percent of each such amount may be
used for training and technical assistance activities designed to
benefit the programs or activities authorized under that part or title.
In addition, for grants, contracts, cooperative agreements, and
other assistance, $10,000,000 to remain available until expended, for
developing, testing, and demonstrating programs designed to reduce drug
use among juveniles.
In addition, for grants, contracts, cooperative agreements, and
other assistance authorized by the Victims of Child Abuse Act
[[Page 112 STAT. 2681-66]]
of 1990, as amended, $7,000,000, to remain available until expended, as
authorized by section 214B of the Act.
To remain available until expended, for payments authorized by part
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796), as amended, such sums as are necessary, as authorized
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340).
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $45,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses in accordance with distributions,
procedures, and regulations established by the Attorney General.
Sec. 102. Authorities contained in the Department of Justice
Appropriation Authorization Act, Fiscal Year 1980 (Public Law 96-132; 93
Stat. 1040 (1979)), as amended, shall remain in effect until the
termination date of this Act or until the effective date of a Department
of Justice Appropriation Authorization Act, whichever is earlier.
Sec. 103. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case of
rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 104. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 105. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 104 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
<<NOTE: 18 USC 3059 note.>> Sec. 106. Notwithstanding any other
provision of law, not to exceed $10,000,000 of the funds made available
in this Act may be used to establish and publicize a program under which
publicly advertised, extraordinary rewards may be paid, which shall not
be subject to spending limitations contained in sections 3059 and 3072
of title 18, United States Code: Provided, That any reward of $100,000
or more, up to a maximum of $2,000,000, may not be made without the
personal approval of the President or the Attorney General and such
approval may not be delegated.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act, including those derived from the Violent Crime Reduction Trust
Fund, may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated
[[Page 112 STAT. 2681-67]]
as a reprogramming of funds under section 605 of this Act and shall not
be available for obligation except in compliance with the procedures set
forth in that section.
<<NOTE: 18 USC 4043 note.>> Sec. 108. For fiscal year 1999 and
thereafter, the Director of the Bureau of Prisons may make expenditures
out of the Commissary Fund of the Federal Prison System, regardless of
whether any such expenditure is security-related, for programs, goods,
and services for the benefit of inmates (to the extent the provision of
those programs, goods, or services to inmates is not otherwise
prohibited by law), including--
(1) the installation, operation, and maintenance of the
Inmate Telephone System;
(2) the payment of all the equipment purchased or leased in
connection with the Inmate Telephone System; and
(3) the salaries, benefits, and other expenses of personnel
who install, operate, and maintain the Inmate Telephone System.
Sec. 109. (a) Section 3201 of the Crime Control Act of 1990 (28
U.S.C. 509 note) is amended to read as follows--
``Appropriations in this or any other Act hereafter for the Federal
Bureau of Investigation, the Drug Enforcement Administration, or the
Immigration and Naturalization Service are available, in an amount of
not to exceed $25,000 each per fiscal year, to pay humanitarian expenses
incurred by or for any employee thereof (or any member of the employee's
immediate family) that results from or is incident to serious illness,
serious injury, or death occurring to the employee while on official
duty or business.''.
(b) The Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 is amended by striking section 626 (8 U.S.C. 1363b).
Sec. 110. Any amounts credited to the ``Legalization Account''
established under section 245(c)(7)(B) of the Immigration and
Nationality Act (8 U.S.C. 1255a(c)(7)(B)) are transferred to the
``Examinations Fee Account'' established under section 286(m) of that
Act (8 U.S.C. 1356(m)).
Sec. 111. The Director of the Bureau of Prisons shall conduct a
study, not later than 270 days after the date of the enactment of this
Act, of private prisons that evaluates the growth and development of the
private prison industry during the past 15 years, training
qualifications of personnel at private prisons, and the security
procedures of such facilities, and compares the general standards and
conditions between private prisons and Federal prisons. The results of
such study shall be submitted to the Committees on the Judiciary and
Appropriations of the House of Representatives and the Senate.
Sec. 112. Notwithstanding any other provision of law, during fiscal
year 1999, the Assistant Attorney General for the Office of Justice
Programs of the Department of Justice--
(1) may make grants, or enter into cooperative agreements
and contracts, for the Office of Justice Programs and the
component organizations of that Office; and
(2) shall have final authority over all grants, cooperative
agreements, and contracts made, or entered into, for the Office
of Justice Programs and the component organizations of that
Office.
Sec. 113. Notwithstanding any other provision of law, with respect
to any grant program for which amounts are made available under this
title, the term ``tribal'' means of or relating to an Indian
[[Page 112 STAT. 2681-68]]
tribe (as that term is defined in section 102(2) of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a(2))).
Sec. 114. Section 286(e)(1)(C) of the Immigration and Nationality
Act (8 U.S.C. 1356(e)(1)(C)) is amended by inserting ``State'' and a
comma immediately before ``territory''.
Sec. 115. (a)(1) Notwithstanding any other provision of law, for
fiscal year 1999, the Attorney General may obligate any funds
appropriated for or reimbursed to the Counterterrorism programs,
projects or activities of the Department of Justice to purchase or lease
equipment or any related items, or to acquire interim services, without
regard to any otherwise applicable Federal acquisition rule, if the
Attorney General determines that--
(A) there is an exigent need for the equipment, related
items, or services in order to support an ongoing
counterterrorism, national security, or computer-crime
investigation or prosecution;
(B) the equipment, related items, or services required are
not available within the Department of Justice; and
(C) adherence to that Federal acquisition rule would--
(i) delay the timely acquisition of the equipment,
related items, or services; and
(ii) adversely affect an ongoing counterterrorism,
national security, or computer-crime investigation or
prosecution.
(2) In this subsection, the term ``Federal acquisition rule'' means
any provision of title II or IX of the Federal Property and
Administrative Services Act of 1949, the Office of Federal Procurement
Policy Act, the Small Business Act, the Federal Acquisition Regulation,
or any other provision of law or regulation that establishes policies,
procedures, requirements, conditions, or restrictions for procurements
by the head of a department or agency or the Federal Government.
(b) The Attorney General shall immediately notify the Committees on
Appropriations of the House of Representatives and the Senate in writing
of each expenditure under subsection (a), which notification shall
include sufficient information to explain the circumstances
necessitating the exercise of the authority under that subsection.
Sec. 116. Section 110(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``later than'' and all that follows through ``Attorney'' and
inserting ``later than October 15, 1998 (and not later than
March 30, 2001, in the case of land border ports of entry and
sea ports), the Attorney'';
(2) in paragraph (1), by striking ``and'' at the end;
(3) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(3) not significantly disrupt trade, tourism, or other
legitimate cross-border traffic at land border ports of
entry.''.
Sec. 117. Section 402 of the Controlled Substances Act (21 U.S.C.
842) is amended--
(1) in subsection (a)(5), by inserting ``negligently''
before ``fail'';
[[Page 112 STAT. 2681-69]]
(2) in subsection (a)(10), by inserting ``negligently''
before ``to fail''; and
(3) in subsection (c)(1)--
(A) by inserting ``(A)'' after ``(1)'';
(B) by inserting ``subparagraph (B) of this
paragraph and'' before ``paragraph (2)''; and
(C) by adding at the end the following:
``(B) In the case of a violation of paragraph (5) or (10) of
subsection (a), the civil penalty shall not exceed $10,000.''.
Sec. 118. The General Accounting Office shall--
(1) monitor the compliance of the Department of Justice and
all United States Attorneys with the ``Guidance on the Use of
the False Claims Act in Civil Health Care Matters'' issued by
the Department of Justice on June 3, 1998, including any
revisions to that guidance; and
(2) not later than February 1, 1999, and again not later
than August 2, 1999, submit a report on such compliance to the
Committees on the Judiciary and the Committees on Appropriations
of the Senate and the House of Representatives.
Sec. 119. Firearms Safety. (a) Secure Gun Storage Device.--Section
921(a) of title 18, United States Code, is amended by adding at the end
the following:
``(34) The term `secure gun storage or safety device' means--
``(A) a device that, when installed on a firearm, is
designed to prevent the firearm from being operated without
first deactivating the device;
``(B) a device incorporated into the design of the firearm
that is designed to prevent the operation of the firearm by
anyone not having access to the device; or
``(C) a safe, gun safe, gun case, lock box, or other device
that is designed to be or can be used to store a firearm and
that is designed to be unlocked only by means of a key, a
combination, or other similar means.''.
(b) Certification Required in Application for Dealer's License.--
Section 923(d)(1) of title 18, United States Code, is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) in the case of an application to be licensed as a
dealer, the applicant certifies that secure gun storage or
safety devices will be available at any place in which firearms
are sold under the license to persons who are not licensees
(subject to the exception that in any case in which a secure gun
storage or safety device is temporarily unavailable because of
theft, casualty loss, consumer sales, backorders from a
manufacturer, or any other similar reason beyond the control of
the licensee, the dealer shall not be considered to be in
violation of the requirement under this subparagraph to make
available such a device).''.
(c) Revocation of Dealer's License for Failure To Have Secure Gun
Storage or Safety Devices Available.--The first sentence of section
923(e) of title 18, United States Code, is amended by inserting before
the period at the end the following: ``or fails to have secure gun
storage or safety devices available at any place in which firearms are
sold under the license to persons who are
[[Page 112 STAT. 2681-70]]
not licensees (except that in any case in which a secure gun storage or
safety device is temporarily unavailable because of theft, casualty
loss, consumer sales, backorders from a manufacturer, or any other
similar reason beyond the control of the licensee, the dealer shall not
be considered to be in violation of the requirement to make available
such a device)''.
(d) Statutory Construction; Evidence.--
<<NOTE: 18 USC 923 note.>> (1) Statutory construction.--
Nothing in the amendments made by this section shall be
construed--
(A) as creating a cause of action against any
firearms dealer or any other person for any civil
liability; or
(B) as establishing any standard of care.
(2) Evidence.--Notwithstanding any other provision of law,
evidence regarding compliance or noncompliance with the
amendments made by this section shall not be admissible as
evidence in any proceeding of any court, agency, board, or other
entity.
<<NOTE: 18 USC 921 note.>> (e) Effective Date.--The amendments made
by this section shall take effect 180 days after the date of enactment
of this Act.
Sec. 120. Firearm Safety Education Grants. (a) In General.--Section
510 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3760) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) undertaking educational and training programs for--
``(A) criminal justice personnel; and
``(B) the general public, with respect to the lawful
and safe ownership, storage, carriage, or use of
firearms, including the provision of secure gun storage
or safety devices;'';
(2) in the first sentence of subsection (b), by inserting
before the period the following: ``and is authorized to make
grants to, or enter into contracts with, those persons and
entities to carry out the purposes specified in subsection
(a)(1)(B) in accordance with subsection (c)''; and
(3) by adding at the end the following:
``(c)(1) In accordance with this subsection, the Director may make a
grant to, or enter into a contract with, any person or entity referred
to in subsection (b) to provide for a firearm safety program that, in a
manner consistent with subsection (a)(1)(B), provides for general public
training and dissemination of information concerning firearm safety,
secure gun storage, and the lawful ownership, carriage, or use of
firearms, including the provision of secure gun storage or safety
devices.
``(2) Funds made available under a grant under paragraph (1) may not
be used (either directly or by supplanting non-Federal funds) for
advocating or promoting gun control, including making communications
that are intended to directly or indirectly affect the passage of
Federal, State, or local legislation intended to restrict or control the
purchase or use of firearms.
``(3) Except as provided in paragraph (4), each firearm safety
program that receives funding under this subsection shall provide for
evaluations that shall be developed pursuant to guidelines that the
Director of the National Institute of Justice of the Department of
Justice, in consultation with the Director of the Bureau of Justice
[[Page 112 STAT. 2681-71]]
Assistance and recognized private entities that have expertise in
firearms safety, education and training, shall establish.
``(4) With respect to a firearm safety program that receives funding
under this section, the Director may waive the evaluation requirement
described in paragraph (3) if the Director determines that the program--
``(A) is not of a sufficient size to justify an evaluation;
or
``(B) is designed primarily to provide material resources
and supplies, and that activity would not justify an
evaluation.''.
<<NOTE: 42 USC 3760 note.>> (b) Effective Date.--The amendments
made by this section shall take effect on the earlier of--
(1) October 1, 1998; or
(2) the date of enactment of this Act.
Sec. 121. Section 922 of title 18, United States Code, is amended--
(1) in subsection (d), by striking paragraph (5) and
inserting the following:
``(5) who, being an alien--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in subsection (y)(2), has
been admitted to the United States under a nonimmigrant
visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26)));'';
(2) in subsection (g), by striking paragraph (5) and
inserting the following:
``(5) who, being an alien--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in subsection (y)(2), has
been admitted to the United States under a nonimmigrant
visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26)));'';
(3) in subsection (s)(3)(B), by striking clause (v) and
inserting the following:
``(v) is not an alien who--
``(I) is illegally or unlawfully in
the United States; or
``(II) subject to subsection (y)(2),
has been admitted to the United States
under a nonimmigrant visa (as that term
is defined in section 101(a)(26) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(26)));''; and
(4) by inserting after subsection (x) the following:
``(y) Provisions Relating to Aliens Admitted Under Nonimmigrant
Visas.--
``(1) Definitions.--In this subsection--
``(A) the term `alien' has the same meaning as in
section 101(a)(3) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(3)); and
``(B) the term `nonimmigrant visa' has the same
meaning as in section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)).
[[Page 112 STAT. 2681-72]]
``(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), and
(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully
admitted to the United States under a nonimmigrant visa, if that
alien is--
``(A) admitted to the United States for lawful
hunting or sporting purposes or is in possession of a
hunting license or permit lawfully issued in the United
States;
``(B) an official representative of a foreign
government who is--
``(i) accredited to the United States
Government or the Government's mission to an
international organization having its headquarters
in the United States; or
``(ii) en route to or from another country to
which that alien is accredited;
``(C) an official of a foreign government or a
distinguished foreign visitor who has been so designated
by the Department of State; or
``(D) a foreign law enforcement officer of a
friendly foreign government entering the United States
on official law enforcement business.
``(3) Waiver.--
``(A) Conditions for waiver.--Any individual who has
been admitted to the United States under a nonimmigrant
visa may receive a waiver from the requirements of
subsection (g)(5), if--
``(i) the individual submits to the Attorney
General a petition that meets the requirements of
subparagraph (C); and
``(ii) the Attorney General approves the
petition.
``(B) Petition.--Each petition under subparagraph
(B) shall--
``(i) demonstrate that the petitioner has
resided in the United States for a continuous
period of not less than 180 days before the date
on which the petition is submitted under this
paragraph; and
``(ii) include a written statement from the
embassy or consulate of the petitioner,
authorizing the petitioner to acquire a firearm or
ammunition and certifying that the alien would
not, absent the application of subsection
(g)(5)(B), otherwise be prohibited from such
acquisition under subsection (g).
``(C) Approval of petition.--The Attorney General
shall approve a petition submitted in accordance with
this paragraph, if the Attorney General determines that
waiving the requirements of subsection (g)(5)(B) with
respect to the petitioner--
``(i) would be in the interests of justice;
and
``(ii) would not jeopardize the public
safety.''.
Sec. 122. Section 3486(a)(1) of title 18, United States Code, is
amended by inserting ``or any act or activity involving a Federal
offense relating to the sexual exploitation or other abuse of
children,'' after ``health care offense,''.
Sec. 123. Section 170102 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14072) is amended--
(1) in subsection (a)(2), by striking ``or'';
[[Page 112 STAT. 2681-73]]
(2) in subsection (g)(3), by striking ``minimally
sufficient'' and inserting ``State sexual offender''; and
(3) by amending subsection (i) to read as follows:
``(i) Penalty.--A person who is--
``(1) required to register under paragraph (1), (2), or (3)
of subsection (g) of this section and knowingly fails to comply
with this section;
``(2) required to register under a sexual offender
registration program in the person's State of residence and
knowingly fails to register in any other State in which the
person is employed, carries on a vocation, or is a student;
``(3) described in section 4042(c)(4) of title 18, United
States Code, and knowingly fails to register in any State in
which the person resides, is employed, carries on a vocation, or
is a student following release from prison or sentencing to
probation; or
``(4) sentenced by a court martial for conduct in a category
specified by the Secretary of Defense under section 115(a)(8)(C)
of title I of Public Law 105-119, and knowingly fails to
register in any State in which the person resides, is employed,
carries on a vocation, or is a student following release from
prison or sentencing to probation, shall, in the case of a first
offense under this subsection, be imprisoned for not more than 1
year and, in the case of a second or subsequent offense under
this subsection, be imprisoned for not more than 10 years.''.
<<NOTE: 28 USC 534 note.>> Sec. 124. (a)(1) A nursing facility or
home health care agency may submit a request to the Attorney General to
conduct a search and exchange of records described in subsection (b)
regarding an applicant for employment if the employment position is
involved in direct patient care.
(2) A nursing facility or home health care agency requesting a
search and exchange of records under this section shall submit to the
Attorney General through the appropriate State agency or agency
designated by the Attorney General a copy of an employment applicant's
fingerprints, a statement signed by the applicant authorizing the
nursing facility or home health care agency to request the search and
exchange of records, and any other identification information not more
than 7 days (excluding Saturdays, Sundays, and legal public holidays
under section 6103(a) of title 5, United States Code) after acquiring
the fingerprints, signed statement, and information.
(b) Pursuant to any submission that complies with the requirements
of subsection (a), the Attorney General shall search the records of the
Criminal Justice Information Services Division of the Federal Bureau of
Investigation for any criminal history records corresponding to the
fingerprints or other identification information submitted. The Attorney
General shall provide any corresponding information resulting from the
search to the appropriate State agency or agency designated by the
Attorney General to receive such information.
(c) Information regarding an applicant for employment in a nursing
facility or home health care agency obtained pursuant to this section
may be used only by the facility or agency requesting the information
and only for the purpose of determining the suitability of the applicant
for employment by the facility or agency in a position involved in
direct patient care.
[[Page 112 STAT. 2681-74]]
(d) The Attorney General may charge a reasonable fee, not to exceed
$50 per request, to any nursing facility or home health care agency
requesting a search and exchange of records pursuant to this section.
(e) Not later than 2 years after the date of enactment of this Act,
the Attorney General shall submit a report to Congress on the number of
requests for searches and exchanges of records made under this section
by nursing facilities and home health care agencies and the disposition
of such requests.
(f) Whoever knowingly uses any information obtained pursuant to this
section for a purpose other than as authorized under subsection (c)
shall be fined in accordance with title 18, United States Code,
imprisoned for not more than 2 years, or both.
(g) A nursing facility or home health care agency that, in denying
employment for an applicant, reasonably relies upon information provided
by the Attorney General pursuant to this section shall not be liable in
any action brought by the applicant based on the employment
determination resulting from the incompleteness or inaccuracy of the
information.
(h) The Attorney General may promulgate such regulations as are
necessary to carry out this section, including regulations regarding the
security, confidentiality, accuracy, use, destruction, and dissemination
of information, audits and recordkeeping, the imposition of fees, and
any necessary modifications to the definitions contained in subsection
(i).
(i) In this section:
(1) The term ``home health care agency'' means an agency
that provides home health care or personal care services on a
visiting basis in a place of residence.
(2) The term ``nursing facility'' means a facility or
institution (or a distinct part of an institution) that is
primarily engaged in providing to residents of the facility or
institution nursing care, including skilled nursing care, and
related services for individuals who require medical or nursing
care.
(j) This section shall apply without fiscal year limitation.
<<NOTE: 5 USC 5724a note.>> Sec. 125. Effective with the enactment
of this Act, and in any fiscal year hereafter, the Attorney General and
the Secretary of the Treasury may, for their respective agencies, extend
the payment of relocation expenses listed in section 5724a(b)(1) of
Title 5 of the United States Code to include the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, and the
territories and possessions of the United States.
Sec. 126. Notwithstanding any other provision of this Act, the total
of the amounts appropriated under this title of this Act is reduced by
$20,038,000, out of which the reductions for each account shall be made
in accordance with the chart on Year 2000 funding dated September 17,
1998, provided to Congress by the Department of Justice.
Sec. 127. Notwithstanding any other provision of law, in any action
brought by a prisoner under section 1979 of the Revised Statutes (42
U.S.C. 1983) against a Federal, State, or local jail, prison, or
correctional facility, or any employee or former employee thereof,
arising out of the incarceration of that prisoner--
(1) the financial records of a person employed or formerly
employed by the Federal, State, or local jail, prison, or
correctional facility, shall not be subject to disclosure
without the written consent of that person or pursuant to a
court order,
[[Page 112 STAT. 2681-75]]
unless a verdict of liability has been entered against that
person; and
(2) the home address, home phone number, social security
number, identity of family members, personal tax returns, and
personal banking information of a person described in paragraph
(1), and any other records or information of a similar nature
relating to that person, shall not be subject to disclosure
without the written consent of that person, or pursuant to a
court order.
Sec. 128. (a) The numerical limitation set forth in section 209(b)
of the Immigration and Nationality Act (8 U.S.C. 1159(b)) shall not
apply to any alien described in subsection (b).
(b) An alien described in subsection (a) is an alien who was a
United States Government employee, employee of a nongovernmental
organization based in the United States, or other Iraqi national who was
moved to Guam by the United States Government in 1996 or 1997 pursuant
to an arrangement made by the United States Government, and who was
granted asylum in the United States under section 208(a) of the
Immigration and Nationality Act (8 U.S.C. 1158(a)).
Sec. 129. (a) Amendments to Juvenile Justice and Delinquency
Prevention Act of 1974.--
(1) In general.--Section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended--
(A) by striking paragraph (8) and inserting the
following:
``(8) the term `unit of local government' means--
``(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State;
``(B) any law enforcement district or judicial
enforcement district that--
``(i) is established under applicable State
law; and
``(ii) has the authority to, in a manner
independent of other State entities, establish a
budget and raise revenues;
``(C) an Indian Tribe that performs law enforcement
functions, as determined by the Secretary of the
Interior; or
``(D) for the purposes of assistance eligibility,
any agency of the government of the District of Columbia
or the Federal Government that performs law enforcement
functions in and for--
``(i) the District of Columbia; or
``(ii) any Trust Territory of the United
States;''; and
(B) in paragraph (9), by striking ``units of general
local government'' and inserting ``units of local
government''.
(2) Conforming amendments.--
(A) Section 221(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5631(a))
is amended by striking ``units of general local
government'' each place that term appears and inserting
``units of local government''.
(B) Section 222(c) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5632(c))
is
[[Page 112 STAT. 2681-76]]
amended by striking ``units of general local
government'' each place that term appears and inserting
``units of local government''.
(C) Section 223(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a))
is amended--
(i) in paragraph (4)--
(I) by striking ``units of general
local government'' and inserting ``units
of local government''; and
(II) by striking ``local
governments'' and inserting ``units of
local government'';
(ii) in paragraph (5)--
(I) in subparagraph (A), by striking
``units of general local government''
and inserting ``units of local
government''; and
(II) in subparagraph (B), by
striking ``unit of general local
government'' and inserting ``unit of
local government'';
(iii) in paragraph (6), by striking ``unit of
general local government'' and inserting ``unit of
local government''; and
(iv) in paragraph (10), by striking ``unit of
general local government'' and inserting ``unit of
local government''.
(D) Section 244(5) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5654(5))
is amended by striking ``units of general local
government'' and inserting ``units of local
government''.
(E) Section 372(a)(3) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C.
5714b(a)(3)) is amended by striking ``unit of general
local government'' and inserting ``unit of local
government''.
(F) Section 505(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5784(a))
is amended by striking ``units of general local
government'' and inserting ``units of local
government''.
(b) Omnibus Crime Control and Safe Streets Act of 1968.--Section
901(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3791(3)) is amended to read as follows:
``(3) `unit of local government' means--
``(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State;
``(B) any law enforcement district or judicial
enforcement district that--
``(i) is established under applicable State
law; and
``(ii) has the authority to, in a manner
independent of other State entities, establish a
budget and impose taxes;
``(C) an Indian Tribe (as that term is defined in
section 103 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5603)) that performs
law enforcement functions, as determined by the
Secretary of the Interior; or
``(D) for the purposes of assistance eligibility,
any agency of the government of the District of Columbia
or
[[Page 112 STAT. 2681-77]]
the Federal Government that performs law enforcement
functions in and for--
``(i) the District of Columbia; or
``(ii) any Trust Territory of the United
States;''.
Sec. 130. For payments of judgments against the United States and
compromise settlements of claims in suits against the United States
arising from the Financial Institutions Reform, Recovery and Enforcement
Act (FIRREA) and its implementation, such sums as may be necessary, to
remain available until expended: Provided, That the foregoing authority
is available solely for payment of judgments and compromise settlements:
Provided further, That payment of litigation expenses is available under
existing authority as set forth in the Memorandum of Understanding
between the Federal Deposit Insurance Corporation and the Department of
Justice, dated October 2, 1998, and may not be paid from amounts
provided in this Act.
This title may be cited as the ``Department of Justice
Appropriations Act, 1999''.
<<NOTE: Department of Commerce and Related Agencies Appropriations Act,
1999.>> TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$24,200,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $98,000 shall be available for official
reception and representation expenses.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $44,495,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and
[[Page 112 STAT. 2681-78]]
3703; full medical coverage for dependent members of immediate families
of employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the United States
and Foreign Commercial Service between two points abroad, without regard
to 49 U.S.C. 1517; employment of Americans and aliens by contract for
services; rental of space abroad for periods not exceeding ten years,
and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries;
not to exceed $327,000 for official representation expenses abroad;
purchase of passenger motor vehicles for official use abroad, not to
exceed $30,000 per vehicle; obtain insurance on official motor vehicles;
and rent tie lines and teletype equipment, $286,264,000, to remain
available until expended, of which $1,600,000 is to be derived from fees
to be retained and used by the International Trade Administration,
notwithstanding 31 U.S.C. 3302: Provided, That of the $302,757,000
provided for in direct obligations (of which $284,664,000 is
appropriated from the General Fund, $1,600,000 is derived from fee
collections, and $16,493,000 is derived from unobligated balances and
deobligations from prior years), $59,280,000 shall be for Trade
Development, $17,779,000 shall be for Market Access and Compliance,
$31,047,000 shall be for the Import Administration, $182,736,000 shall
be for the United States and Foreign Commercial Service, and $11,915,000
shall be for Executive Direction and Administration: Provided further,
That the provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities without regard to section 5412 of the Omnibus Trade and
Competitiveness Act of 1988 (15 U.S.C. 4912); and that for the purpose
of this Act, contributions under the provisions of the Mutual
Educational and Cultural Exchange Act shall include payment for
assessments for services provided as part of these activities.
Export Administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of Americans and aliens by contract for services abroad;
rental of space abroad for periods not exceeding ten years, and expenses
of alteration, repair, or improvement; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when such
claims arise in foreign countries; not to exceed $15,000 for official
representation expenses abroad; awards of compensation to informers
under the Export Administration Act of 1979, and as authorized by 22
U.S.C. 401(b); purchase of passenger motor vehicles for official use and
motor vehicles for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation otherwise
established by law, $52,331,000 to remain available until expended, of
which $1,877,000 shall be for inspections and other activities
[[Page 112 STAT. 2681-79]]
related to national security: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for materials or
services provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information to
the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments: Provided
further, That no funds may be obligated or expended for processing
licenses for the export of satellites of United States origin (including
commercial satellites and satellite components) to the People's Republic
of China, unless, at least 15 days in advance, the Committees on
Appropriations of the House and the Senate and other appropriate
Committees of the Congress are notified of such proposed action.
Economic Development Administration
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, as amended, Public
Law 91-304, and such laws that were in effect immediately before
September 30, 1982, and for trade adjustment assistance, $368,379,000:
Provided, That none of the funds appropriated or otherwise made
available under this heading may be used directly or indirectly for
attorneys' or consultants' fees in connection with securing grants and
contracts made by the Economic Development Administration: Provided
further, That, notwithstanding any other provision of law, the Secretary
of Commerce may provide financial assistance for projects to be located
on military installations closed or scheduled for closure or realignment
to grantees eligible for assistance under the Public Works and Economic
Development Act of 1965, as amended, without it being required that the
grantee have title or ability to obtain a lease for the property, for
the useful life of the project, when in the opinion of the Secretary of
Commerce, such financial assistance is necessary for the economic
development of the area: Provided further, That the Secretary of
Commerce may, as the Secretary considers appropriate, consult with the
Secretary of Defense regarding the title to land on military
installations closed or scheduled for closure or realignment.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $24,000,000: Provided, That
these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, as amended, title
II of the Trade Act of 1974, as amended, and the Community Emergency
Drought Relief Act of 1977.
[[Page 112 STAT. 2681-80]]
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $27,000,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$48,490,000, to remain available until September 30, 2000.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $136,147,000.
periodic censuses and programs
For expenses necessary to conduct the decennial census,
$1,026,936,000 to remain available until expended: Provided, That, of
this amount, not less than $75,000,000 shall be for the following
activities: (1) $23,000,000 for additional staffing requirements for
local field offices; (2) $17,000,000 for additional promotion, outreach,
and marketing activities; and (3) $35,000,000 for additional costs
associated with modifications to decennial census questionnaires.
In addition, for necessary expenses of the Census Monitoring Board
as authorized by section 210 of Public Law 105-119, $4,000,000, to
remain available until expended.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law, $155,966,000,
to remain available until expended.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $10,940,000,
to remain available until expended: Provided, That, notwithstanding 31
U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies
for costs incurred in spectrum management, analysis, and operations, and
related services and such fees shall be retained and used as offsetting
collections for costs of such spectrum services, to remain available
until <<NOTE: 47 USC 903 note. public telecommunications facilities,
planning and construction>> expended: Provided further, That hereafter,
notwithstanding any other provision of law, NTIA shall not authorize
spectrum use or provide any spectrum
[[Page 112 STAT. 2681-81]]
functions pursuant to the NTIA Organization Act, 47 U.S.C. 902-903, to
any Federal entity without reimbursement as required by NTIA for such
spectrum management costs, and Federal entities withholding payment of
such cost shall not use spectrum: Provided further, That the Secretary
of Commerce is authorized to retain and use as offsetting collections
all funds transferred, or previously transferred, from other Government
agencies for all costs incurred in telecommunications research,
engineering, and related activities by the Institute for
Telecommunication Sciences of the NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
For grants authorized by section 392 of the Communications Act of
1934, as amended, $21,000,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $1,800,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That
notwithstanding the provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for projects for
which applications have been submitted and approved during any fiscal
year: Provided further, That, hereafter, notwithstanding any other
provision of law, the Pan-Pacific Education and Communication
Experiments by Satellite (PEACESAT) Program is eligible to compete for
Public Telecommunications Facilities, Planning and Construction funds.
information infrastructure grants
For grants authorized by section 392 of the Communications Act of
1934, as amended, $18,000,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $3,000,000 shall be available for program administration and
other support activities as authorized by section 391: Provided further,
That, of the funds appropriated herein, not to exceed 5 percent may be
available for telecommunications research activities for projects
related directly to the development of a national information
infrastructure: Provided further, That, notwithstanding the requirements
of section 392(a) and 392(c) of the Act, these funds may be used for the
planning and construction of telecommunications networks for the
provision of educational, cultural, health care, public information,
public safety, or other social services: Provided further, That
notwithstanding any other provision of law, no entity that receives
telecommunications services at preferential rates under section 254(h)
of the Communications Act of 1934 (47 U.S.C. 254(h)) or receives
assistance under the regional information sharing systems grant program
of the Department of Justice under part M of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may use
funds under a grant under this heading to cover any costs of the entity
that would otherwise be covered by such preferential rates or such
assistance, as the case may be.
[[Page 112 STAT. 2681-82]]
Patent and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office provided
for by law, including defense of suits instituted against the
Commissioner of Patents and Trademarks, $643,026,000, to remain
available until expended: Provided, That of this amount, $643,026,000
shall be derived from offsetting collections assessed and collected
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be
retained and used for necessary expenses in this appropriation: Provided
further, That the sum herein appropriated from the General Fund shall be
reduced as such offsetting collections are received during fiscal year
1999, so as to result in a final fiscal year 1999 appropriation from the
General Fund estimated at $0: Provided further, That, during fiscal year
1999, should the total amount of offsetting fee collections be less than
$643,026,000, the total amounts available to the Patent and Trademark
Office shall be reduced accordingly: Provided further, That any amount
received in excess of $643,026,000 in fiscal year 1999 shall remain
available until expended, but shall not be available for obligation
until October 1, 1999: Provided further, That the amounts charged for
patent fees under 35 U.S.C. 41(a) and (b) shall be the amounts charged
by the Patent and Trademark Office on September 30, 1998, including any
applicable surcharges collected pursuant to section 8001 of Public Law
103-66: Provided further, That such fees shall be credited as offsetting
collections and shall be retained and used for necessary expenses in
this appropriation: Provided further, That upon enactment of a statute
reauthorizing the Patent and Trademark Office or establishing a
successor agency or agencies, and upon the subsequent enactment of a new
patent fee schedule, the fifth proviso in this paragraph shall no longer
have effect: Provided further, That, in addition to amounts otherwise
made available under this heading, not to exceed $102,000,000 of such
amounts collected shall be available for obligation in fiscal year 1999
for purposes as authorized by law: Provided further, That any amount
received in excess of $102,000,000 in fiscal year 1999 shall remain
available until expended, but shall not be available for obligation
until October 1, 1999.
Science and Technology
Technology Administration
For necessary expenses for the Under Secretary for Technology/Office
of Technology Policy, $9,495,000, of which not to exceed $1,600,000
shall remain available until September 30, 2000.
National Institute of Standards and Technology
For necessary expenses of the National Institute of Standards and
Technology, $280,136,000, to remain available until expended,
[[Page 112 STAT. 2681-83]]
of which not to exceed $1,625,000 may be transferred to the ``Working
Capital Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension Partnership of
the National Institute of Standards and Technology, $106,800,000, to
remain available until expended: Provided, <<NOTE: 15 USC 278k
note.>> That notwithstanding the time limitations imposed by 15 U.S.C.
278k(c) (1) and (5) on the duration of Federal financial assistance that
may be awarded by the Secretary of Commerce to Regional Centers for the
transfer of Manufacturing Technology (``Centers''), such Federal
financial assistance for a Center may continue beyond six years and may
be renewed for additional periods, not to exceed one year, at a rate not
to exceed one-third of the Center's total annual costs or the level of
funding in the sixth year, whichever is less, subject before any such
renewal to a positive evaluation of the Center and to a finding by the
Secretary of Commerce that continuation of Federal funding to the Center
is in the best interest of the Regional Centers for the transfer of
Manufacturing Technology Program: Provided further, That the Center's
most recent performance evaluation is positive, and the Center has
submitted a reapplication which has successfully passed merit review.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$203,500,000, to remain available until expended, of which not to exceed
$66,000,000 shall be available for the award of new grants, and of which
not to exceed $500,000 may be transferred to the ``Working Capital
Fund''.
construction of research facilities
For construction of new research facilities, including architectural
and engineering design, and for renovation of existing facilities, not
otherwise provided for the National Institute of Standards and
Technology, as authorized by 15 U.S.C. 278c-278e, $56,714,000, to remain
available until expended: Provided, That of the amounts provided under
this heading, $40,000,000 shall be available for obligation and
expenditure only after submission of a plan for the expenditure of these
funds, in accordance with section 605 of this Act.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For necessary expenses of activities authorized by law for the
National <<NOTE: 33 USC 851.>> Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft; not to exceed
250 commissioned officers on the active list as of September 30, 1999;
grants, contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agreements;
and relocation of facilities as authorized by 33 U.S.C. 883i;
$1,579,844,000, to remain available until expended: Provided, That fees
and donations received by the National Ocean Service for
[[Page 112 STAT. 2681-84]]
the management of the national marine sanctuaries may be retained and
used for the salaries and expenses associated with those activities,
notwithstanding 31 U.S.C. 3302: Provided further, That in addition,
$63,381,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining to
American Fisheries'': Provided further, That grants to States pursuant
to sections 306 and 306A of the Coastal Zone Management Act of 1972, as
amended, shall not exceed $2,000,000: Provided further, That not to
exceed $31,439,000 shall be expended for Executive Direction and
Administration, which consists of the Offices of the Under Secretary,
the Executive Secretariat, Policy and Strategic Planning, International
Affairs, Legislative Affairs, Public Affairs, Sustainable Development,
the Chief Scientist, and the General Counsel: Provided further, That the
aforementioned offices, excluding the Office of the General Counsel,
shall not be augmented by personnel details, temporary transfers of
personnel on either a reimbursable or nonreimbursable basis or any other
type of formal or informal transfer or reimbursement of personnel or
funds on either a temporary or long-term basis above the level of 33
personnel: Provided further, That the Secretary of Commerce shall make
funds available to implement the mitigation recommendations identified
subsequent to the ``1995 Secretary's Report to Congress on Adequacy of
NEXRAD Coverage and Degradation of Weather Services'', and shall ensure
continuation of weather service coverage for these communities until
mitigation activities are completed: Provided further, That no general
administrative charge shall be applied against any assigned activity
included in this Act and, further, that any direct administrative
expenses applied against assigned activities shall be limited to five
percent of the funds provided for that assigned activity.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $584,677,000, to remain available until
expended: Provided, That not to exceed $67,667,000 is available for the
advanced weather interactive processing system, and may be available for
obligation and expenditure only pursuant to a certification by the
Secretary of Commerce that the total cost to complete the acquisition
and deployment of the advanced weather interactive processing system
through Build 4.2 and NOAA Port system, including program management,
operations, and maintenance costs through deployment, will not exceed
$71,790,000: Provided further, That unexpended balances of amounts
previously made available in the ``Operations, Research, and
Facilities'' account for activities funded under this heading may be
transferred to and merged with this account, to remain available until
expended for the purposes for which the funds were originally
appropriated.
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $4,000,000, for
purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 315(e)
of such Act.
[[Page 112 STAT. 2681-85]]
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $953,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the Atlantic
Tunas Convention Act of 1975, as amended (Public Law 96-339), the
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as
amended (Public Law 100-627), and the American Fisheries Promotion Act
(Public Law 96-561), to be derived from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to exceed
$189,000, to remain available until expended.
fisheries finance program account
For the cost of direct loans, $338,000, as authorized by the
Merchant Marine Act of 1936, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That none of the funds made available under this heading may be used for
direct loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
General Administration
salaries and expenses
For expenses necessary for the general administration of the
Department of Commerce provided for by law, including not to exceed
$3,000 for official entertainment, $30,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $21,000,000.
Patent and Trademark Office
Of the unobligated balances available under this heading from prior
year appropriations, fees collected in this fiscal year, and balances of
prior year fees, $71,000,000 are rescinded.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act shall
be available for the activities specified in the Act of October 26, 1949
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act,
and, notwithstanding 31 U.S.C. 3324, may
be used for advanced payments not otherwise authorized
[[Page 112 STAT. 2681-86]]
only upon the certification of officials designated by the Secretary of
Commerce that such payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 203. None of the funds made available by this Act may be used
to support the hurricane reconnaissance aircraft and activities that are
under the control of the United States Air Force or the United States
Air Force Reserve.
Sec. 204. <<NOTE: 13 USC 23 note.>> None of the funds provided in
this or any previous Act, or hereinafter made available to the
Department of Commerce, shall be available to reimburse the Unemployment
Trust Fund or any other fund or account of the Treasury to pay for any
expenses paid before October 1, 1992, as authorized by section 8501 of
title 5, United States Code, for services performed after April 20,
1990, by individuals appointed to temporary positions within the Bureau
of the Census for purposes relating to the 1990 decennial census of
population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, or any portion thereof, the
Secretary of Commerce, no later than 90 days thereafter, shall submit to
the Committees on Appropriations of the House and the Senate a plan for
transferring funds provided in this Act to the appropriate successor
organizations: Provided, That the plan shall include a proposal for
transferring or rescinding funds appropriated herein for agencies or
programs terminated under such legislation: Provided further, That such
plan shall be transmitted in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of any
successor organization(s) may use any available funds to carry out
legislation dismantling or reorganizing the Department of Commerce, or
any portion thereof, to cover the costs of actions relating to the
abolishment, reorganization, or transfer of functions and any related
personnel action, including voluntary separation incentives if
authorized by such legislation: Provided, That the authority to transfer
funds between appropriations accounts that may be necessary to carry out
this section is provided in addition to authorities included under
section 205 of this Act: Provided further, That use of funds to carry
out this section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
Sec. 207. Any costs incurred by a Department or agency funded under
this title resulting from personnel actions taken in response to funding
reductions included in this title or from actions taken
[[Page 112 STAT. 2681-87]]
for the care and protection of loan collateral or grant property shall
be absorbed within the total budgetary resources available to such
Department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be
treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 208. The Secretary of Commerce may award contracts for
hydrographic, geodetic, and photogrammetric surveying and mapping
services in accordance with title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
Sec. 209. The Secretary of Commerce may use the Commerce franchise
fund for expenses and equipment necessary for the maintenance and
operation of such administrative services as the Secretary determines
may be performed more advantageously as central services, pursuant to
section 403 of Public Law 103-356: Provided, That any inventories,
equipment, and other assets pertaining to the services to be provided by
such fund, either on hand or on order, less the related liabilities or
unpaid obligations, and any appropriations made for the purpose of
providing capital shall be used to capitalize such fund: Provided
further, That such fund shall be paid in advance from funds available to
the Department and other Federal agencies for which such centralized
services are performed, at rates which will return in full all expenses
of operation, including accrued leave, depreciation of fund plant and
equipment, amortization of automated data processing (ADP) software and
systems (either acquired or donated), and an amount necessary to
maintain a reasonable operating reserve, as determined by the Secretary:
Provided further, That such fund shall provide services <<NOTE: 31 USC
501 note.>> on a competitive basis: Provided further, That an amount not
to exceed 4 percent of the total annual income to such fund may be
retained in the fund for fiscal year 1999 and each fiscal year
thereafter, to remain available until expended, to be used for the
acquisition of capital equipment, and for the improvement and
implementation of Department financial management, ADP, and other
support systems: Provided further, That such amounts retained in the
fund for fiscal year 1999 and each fiscal year thereafter shall be
available for obligation and expenditure only in accordance with section
605 of this Act: Provided further, That no later than 30 days after the
end of each fiscal year, amounts in excess of this reserve limitation
shall be deposited as miscellaneous receipts in the Treasury: Provided
further, That such franchise fund pilot program shall terminate pursuant
to section 403(f) of Public Law 103-356.
Sec. 210. No funds may be used under this Act to process or register
any application filed or submitted with the Patent and Trademark Office
under the Act entitled ``An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the provisions
of certain international conventions, and for other purposes'', approved
July 5, 1946, commonly referred to as the Trademark Act of 1946, as
amended, after the date of enactment of this Act for a mark identical to
the official tribal insignia of any federally recognized Indian tribe
for a period of one year from the date of enactment of this Act.
[[Page 112 STAT. 2681-88]]
Sec. 211. (a)(1) Notwithstanding any other provision of law, no
transaction or payment shall be authorized or approved pursuant to
section 515.527 of title 31, Code of Federal Regulations, as in effect
on September 9, 1998, with respect to a mark, trade name, or commercial
name that is the same as or substantially similar to a mark, trade name,
or commercial name that was used in connection with a business or assets
that were confiscated unless the original owner of the mark, trade name,
or commercial name, or the bona fide successor-in-interest has expressly
consented.
(2) No U.S. court shall recognize, enforce or otherwise validate any
assertion of rights by a designated national based on common law rights
or registration obtained under such section 515.527 of such a
confiscated mark, trade name, or commercial name.
(b) No U.S. court shall recognize, enforce or otherwise validate any
assertion of treaty rights by a designated national or its successor-in-
interest under sections 44 (b) or (e) of the Trademark Act of 1946 (15
U.S.C. 1126 (b) or (e)) for a mark, trade name, or commercial name that
is the same as or substantially similar to a mark, trade name, or
commercial name that was used in connection with a business or assets
that were confiscated unless the original owner of such mark, trade
name, or commercial name, or the bona fide successor-in-interest has
expressly consented.
<<NOTE: Regulations.>> (c) The Secretary of the Treasury shall
promulgate such rules and regulations as are necessary to carry out the
provisions of this section.
(d) In this section:
(1) The term ``designated national'' has the meaning given
such term in section 515.305 of title 31, Code of Federal
Regulations, as in effect on September 9, 1998, and includes a
national of any foreign country who is a successor-in-interest
to a designated national.
(2) The term ``confiscated'' has the meaning given such term
in section 515.336 of title 31, Code of Federal Regulations, as
in effect on September 9, 1998.
Sec. 212. (a) Subject to subsection (b), the Secretary of Commerce
shall convey, at fair market value (as determined by the Secretary), to
the city of Two Harbors, Minnesota, or its designee, the parcel of land
described in subsection (c).
(b) The Secretary may make the conveyance under subsection (a) only
if the Secretary receives adequate assurances, as determined by the
Secretary, that the conveyance is in accordance with the requirements of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.).
(c) The parcel of land referred to in subsection (a) consists of
approximately 21.55 acres known as the J and J Casting site, in Lake
County, Minnesota, together with a road easement, all as described in
the deed of the United States Marshal, dated March 22, 1988, executed
pursuant to the order of sale of the United States District Court for
the District of Minnesota, dated May 15, 1987, in case Civil No. 5-86-
300.
(d) The Secretary shall carry out this section acting through the
Assistant Secretary of Commerce for Economic Development.
Sec. 213. The Secretary of Commerce, through the Under Secretary for
Oceans and Atmosphere, is authorized to exchange, under such terms as
the Secretary deems appropriate, all right, title, and interest in the
28.16 acre Lena Point property near Juneau, Alaska, to site a National
Oceanic and Atmospheric Administration
[[Page 112 STAT. 2681-89]]
facility: Provided, That the Secretary is authorized to enter into an
agreement with the owner of the Lena Point site to modify existing rock
quarry operations to minimize future site development costs, and to
provide appropriated funds for project mitigation purposes: Provided
further, That Section 2(b) of Public Law 104-91 is amended by striking
``on Auke Cape near Juneau, Alaska'' and inserting in lieu thereof ``in
Alaska''.
Sec. 214. The National Oceanic and Atmospheric Administration (NOAA)
is authorized to provide an easement, lease, license or other long-term
agreement to allow the State of Alaska to own, operate and maintain a
laboratory, classroom, and office facility on the site of the NOAA
facility and to accept and expend State funds for development of joint
facilities that will be owned and operated by NOAA: Provided, That NOAA
is authorized to collect operation and maintenance costs from the State
of Alaska and to retain said funds for utility costs, and current and
future facility maintenance costs.
This title may be cited as the ``Department of Commerce and Related
Agencies Appropriations Act, 1999''.
<<NOTE: The Judiciary Appropriations Act, 1999.>> TITLE III--THE
JUDICIARY
Supreme Court of the United States
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $31,059,000.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon him by the Act approved
May 7, 1934 (40 U.S.C. 13a-13b), $5,400,000, of which $2,364,000 shall
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $16,101,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and 8 judges, salaries of the
officers and employees of the court, services as authorized by 5
[[Page 112 STAT. 2681-90]]
U.S.C. 3109, and necessary expenses of the court, as authorized by law,
$11,804,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges of
the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the United
States Court of Federal Claims, bankruptcy judges, magistrate judges,
and all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,821,821,000 (including the purchase of
firearms and ammunition); of which not to exceed $13,454,000 shall
remain available until expended for space alteration projects; and of
which not to exceed $10,000,000 shall remain available until expended
for furniture and furnishings related to new space alteration and
construction projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $2,515,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
violent crime reduction programs
For activities of the Federal Judiciary as authorized by law,
$41,043,000, to remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund, as authorized by section
190001(a) of Public Law 103-322, and sections 818 and 823 of Public Law
104-132.
defender services
For the operation of Federal Public Defender and Community Defender
organizations; the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964, as amended; the compensation and reimbursement of expenses of
persons furnishing investigative, expert and other services under the
Criminal Justice Act (18 U.S.C. 3006A(e)); the compensation (in
accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians ad litem
acting on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign countries
with which the United States has a treaty for the execution of penal
sentences; and the compensation of attorneys appointed to represent
jurors in civil actions for the protection of their employment, as
authorized by 28 U.S.C. 1875(d), $360,952,000, to remain available until
expended as authorized by 18 U.S.C. 3006A(i).
[[Page 112 STAT. 2681-91]]
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $66,861,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
Court Security
For necessary expenses, not otherwise provided for, incident to the
procurement, installation, and maintenance of security equipment and
protective services for the United States Courts in courtrooms and
adjacent areas, including building ingress-egress control, inspection of
packages, directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access to
Justice Act (Public Law 100-702), $174,569,000, of which not to exceed
$10,000,000 shall remain available until expended for security systems,
to be expended directly or transferred to the United States Marshals
Service, which shall be responsible for administering elements of the
Judicial Security Program consistent with standards or guidelines agreed
to by the Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $54,500,000, of which not to exceed $7,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $17,716,000; of which $1,800,000 shall remain
available through September 30, 2000, to provide education and training
to Federal court personnel; and of which not to exceed $1,000 is
authorized for official reception and representation expenses.
Judicial Retirement Funds
For payment to the Judicial Officers' Retirement Fund, as authorized
by 28 U.S.C. 377(o), $27,500,000; to the Judicial Survivors' Annuities
Fund, as authorized by 28 U.S.C. 376(c),
[[Page 112 STAT. 2681-92]]
$7,800,000; and to the United States Court of Federal Claims Judges'
Retirement Fund, as authorized by 28 U.S.C. 178(l), $2,000,000.
United States Sentencing Commission
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $9,487,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this title which
are available for salaries and expenses shall be available for services
as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for district courts, courts of appeals, and
other judicial services shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $10,000 and shall
be administered by the Director of the
Administrative Office of the United States Courts in the capacity as
Secretary of the Judicial Conference.
This title may be cited as ``The Judiciary Appropriations Act,
1999''.
<<NOTE: Department of State and Related Agencies Appropriations Act,
1999.>> TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, including expenses authorized by the
State Department Basic Authorities Act of 1956, as amended;
representation to certain international organizations in which the
United States participates pursuant to treaties, ratified pursuant to
the advice and consent of the Senate, or specific Acts of Congress;
acquisition by exchange or purchase of passenger motor vehicles as
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c), and
[[Page 112 STAT. 2681-93]]
22 U.S.C. 2674; and for expenses of general administration,
$1,644,300,000: Provided, That, of the amount made available under this
heading, not to exceed $4,000,000 may be transferred to, and merged
with, funds in the ``Emergencies in the Diplomatic and Consular
Service'' appropriations account, to be available only for emergency
evacuations and terrorism rewards: Provided further, That of the amount
made available under this heading, $500,000 shall be available only for
the National Law Center for Inter-American Free Trade:
Provided <<NOTE: 8 USC 1351 note.>> further, That notwithstanding
section 140(a)(5), and the second sentence of section 140(a)(3), of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236), fees may be collected during fiscal years 1999 and 2000
under the authority of section 140(a)(1) of that Act: Provided further,
That all fees collected under the preceding proviso shall be deposited
in fiscal years 1999 and 2000 as an offsetting collection to
appropriations made under this heading to recover costs as set forth
under section 140(a)(2) of that Act and shall remain available until
expended.
In addition, not to exceed $1,252,000 shall be derived from fees
collected from other executive agencies for lease or use of facilities
located at the International Center in accordance with section 4 of the
International Center Act (Public Law 90-553), as amended; in addition,
as authorized by section 5 of such Act, $490,000, to be derived from the
reserve authorized by that section, to be used for the purposes set out
in that section; and, in addition, not to exceed $15,000, which shall be
derived from reimbursements, surcharges, and fees for use of Blair House
facilities in accordance with section 46 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to exceed 20 percent of
the amounts made available in this Act in the appropriation accounts
``Diplomatic and Consular Programs'' and ``Salaries and Expenses'' under
the heading ``Administration of Foreign Affairs'' may be transferred
between such appropriation accounts: Provided, That any transfer
pursuant to this sentence shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
salaries and expenses
For expenses necessary for the general administration of the
Department of State and the Foreign Service, provided for by law,
including expenses authorized by section 9 of the Act of August 31,
1964, as amended (31 U.S.C. 3721), and the State Department Basic
Authorities Act of 1956, as amended, $355,000,000: Provided, That, of
this amount, $813,333 shall be transferred to the Presidential Advisory
Commission on Holocaust Assets in the United States.
capital investment fund
For necessary expenses of the Capital Investment Fund, $80,000,000,
to remain available until expended, as authorized in Public Law 103-236:
Provided, That section 135(e) of Public Law 103-236 shall not apply to
funds available under this heading.
[[Page 112 STAT. 2681-94]]
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App.), $27,495,000, notwithstanding section 209(a)(1)
of the Foreign Service Act of 1980, as amended (Public Law 96-465), as
it relates to post inspections.
representation allowances
For representation allowances as authorized by section 905 of the
Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $4,350,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services in accordance
with the provisions of section 214 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,100,000,
to remain available until September 30, 2000.
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300), preserving,
maintaining, repairing, and planning for, buildings that are owned or
directly leased by the Department of State, renovating, in addition to
funds otherwise available, the Main State Building, and carrying out the
Diplomatic Security Construction Program as authorized by title IV of
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4851), $403,561,000, to remain available until expended as authorized by
section 24(c) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2696(c)): Provided, That none of the funds appropriated in this
paragraph shall be available for acquisition of furniture and
furnishings and generators for other departments and agencies.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service
pursuant to the requirement of 31 U.S.C. 3526(e), $5,500,000 to remain
available until expended as authorized by section 24(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)), of which
not to exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms and
conditions.
repatriation loans program account
For the cost of direct loans, $593,000, as authorized by section 4
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671):
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974. In addition, for administrative expenses necessary to carry out
the direct loan program, $607,000, which may be transferred to and
merged with the Salaries and Expenses account under Administration of
Foreign Affairs.
[[Page 112 STAT. 2681-95]]
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act, Public
Law 96-8, $14,750,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $132,500,000.
<<NOTE: 22 USC 269a note.>> International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $922,000,000:
Provided, That any payment of arrearages shall be directed toward
special activities that are mutually agreed upon by the United States
and the respective international organization: Provided further, That
none of the funds appropriated in this paragraph shall be available for
a United States contribution to an international organization for the
United States share of interest costs made known to the United States
Government by such organization for loans incurred on or after October
1, 1984, through external borrowings: Provided further, That, of the
funds appropriated in this paragraph, $100,000,000 may be made available
only on a semi-annual basis pursuant to a certification by the Secretary
of State on a semi-annual basis, that the United Nations has taken no
action during the preceding 6 months to increase funding for any United
Nations program without identifying an offsetting decrease during that
6-month period elsewhere in the United Nations budget and cause the
United Nations to exceed the expected reform budget for the biennium
1998-1999 of $2,533,000,000: Provided further, That not to exceed
$15,000,000 shall be transferred from funds made available under this
heading to the ``International Conferences and Contingencies'' account
for United States contributions to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission, except that such transferred funds may be
obligated or expended only for Commission meetings and sessions,
provisional technical secretariat salaries and expenses, other
Commission administrative and training activities, including purchase of
training equipment, and upgrades to existing internationally based
monitoring systems involved in cooperative data sharing agreements with
the United States as of the date of enactment of this Act, until the
United States Senate ratifies the Comprehensive Nuclear Test Ban Treaty:
Provided further, That notwithstanding section 402 of this Act, not to
exceed $1,223,000 may be transferred from the funds made
available under this heading to the ``International Conferences and
Contingencies'' account for assessed contributions to new or provisional
international organizations or for travel expenses of official delegates
to international conferences: Provided further, That any transfer
pursuant to the previous proviso shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with
[[Page 112 STAT. 2681-96]]
the procedures set forth in that section: Provided further, That not to
exceed $2,000,000 shall only be available to establish an international
center for response to chemical, biological, and nuclear weapons:
Provided further, That funds appropriated under this paragraph may be
obligated and expended to pay the full U.S. assessment to the civil
budget of the North Atlantic Treaty Organization.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $231,000,000: Provided,
That none of the funds made available under this Act shall be obligated
or expended for any new or expanded United Nations peacekeeping mission
unless, at least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an emergency, as
far in advance as is practicable): (1) the Committees on Appropriations
of the House of Representatives and the Senate and other appropriate
committees of the Congress are notified of the estimated cost and length
of the mission, the vital national interest that will be served, and the
planned exit strategy; and (2) a reprogramming of funds pursuant to
section 605 of this Act is submitted, and the procedures therein
followed, setting forth the source of funds that will be used to pay for
the cost of the new or expanded mission: Provided further, That funds
shall be available for peacekeeping expenses only upon a certification
by the Secretary of State to the appropriate committees of the Congress
that American manufacturers and suppliers are being given opportunities
to provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of the funds
made available under this heading are available to pay the United States
share of the cost of court monitoring that is part of any United Nations
peacekeeping mission.
For an additional amount for payment of arrearages to meet
obligations of membership in the United Nations, and to pay assessed
expenses of international peacekeeping activities, $475,000,000, to
remain available until expended: Provided, That none of the funds
appropriated or otherwise made available under this heading for payment
of arrearages may be obligated or expended unless such obligation or
expenditure is expressly authorized by law: Provided further, That none
of the funds appropriated or otherwise made available under this heading
for payment of arrearages may be obligated or expended until such time
as the share of the total of all assessed contributions for the regular
budget of the United Nations does not exceed 22 percent for any single
United Nations member, and the share of the budget for each assessed
United Nations peacekeeping operation does not exceed 25 percent for any
single United Nations member.
[[Page 112 STAT. 2681-97]]
International <<NOTE: 22 USC 269a note.>> Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $19,551,000.
construction
For detailed plan preparation and construction of authorized
projects, $5,939,000, to remain available until expended, as authorized
by section 24(c) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2696(c)).
american sections, international commissions
For necessary expenses, not otherwise provided for the International
Joint Commission and the International Boundary Commission, United
States and Canada, as authorized by treaties between the United States
and Canada or Great Britain, and for the Border Environment Cooperation
Commission as authorized by Public Law 103-182, $5,733,000, of which not
to exceed $9,000 shall be available for representation expenses incurred
by the International Joint Commission.
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $14,549,000: Provided,
That the United States' share of such expenses may be advanced to the
respective commissions, pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by section 501 of
Public Law 101-246, $8,250,000, to remain available until expended, as
authorized by section 24(c) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2696(c)).
[[Page 112 STAT. 2681-98]]
RELATED AGENCIES
Arms Control and Disarmament Agency
arms control and disarmament activities
For necessary expenses not otherwise provided, for arms control,
nonproliferation, and disarmament activities, $41,500,000, of which not
to exceed $50,000 shall be for official reception and representation
expenses as authorized by the Act of September 26, 1961, as amended (22
U.S.C. 2551 et seq.).
United States Information Agency
international information programs
For expenses, not otherwise provided for, necessary to enable the
United States Information Agency, as authorized by the Mutual
Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C.
2451 et seq.), the United States Information and Educational Exchange
Act of 1948, as amended (22 U.S.C. 1431 et seq.), and Reorganization
Plan No. 2 of 1977 (91 Stat. 1636), to
carry out international communication, educational and cultural
activities; and to carry out related activities authorized by law,
including employment, without regard to civil service and classification
laws, of persons on a temporary basis (not to exceed $700,000 of this
appropriation), as authorized by section 801 of such Act of 1948 (22
U.S.C. 1471), and entertainment, including official receptions, within
the United States, not to exceed $25,000 as authorized by section 804(3)
of such Act of 1948 (22 U.S.C. 1474(3)), $455,246,000: Provided, That
not to exceed $1,400,000 may be used for representation abroad as
authorized by section 302 of such Act of 1948 (22 U.S.C. 1452) and
section 905 of the Foreign Service Act of 1980 (22 U.S.C. 4085):
Provided further, That not to exceed $6,000,000, to remain available
until expended, may be credited to this appropriation from fees or other
payments received from or in connection with English teaching, library,
motion pictures, and publication programs as authorized by section 810
of such Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any other
law, fees from educational advising and counseling, and exchange visitor
program services: Provided further, That not to exceed $920,000, to
remain available until expended, may be used to carry out projects
involving security construction and related improvements for agency
facilities not physically located together with Department of State
facilities abroad.
For expenses of educational and cultural exchange programs, as
authorized by the Mutual Educational and Cultural Exchange Act of 1961,
as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of
1977 (91 Stat. 1636), $202,500,000, to remain available until expended
as authorized by section 105 of such Act of 1961 (22 U.S.C. 2455):
Provided, That not to exceed $800,000, to remain available until
expended, may be credited to this appropriation from fees or other
payments received from or in connection with English teaching and
publication programs as authorized by section 810 of the United States
Information and Educational
[[Page 112 STAT. 2681-99]]
Exchange Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any other
provision of law, fees from educational advising and counseling:
Provided further, That notwithstanding section 402 of this Act, not to
exceed $2,000,000 may be transferred from the funds made available under
this heading to the ``Technology Fund'' account.
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20
U.S.C. 5204-5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September 30, 1999,
to remain available until expended: Provided, That none of the funds
appropriated herein shall be used to pay any salary or other
compensation, or to enter into any contract providing for the payment
thereof, in excess of the rate authorized by 5 U.S.C. 5376; or for
purposes which are not in accordance with OMB Circulars A-110 (Uniform
Administrative Requirements) and A-122 (Cost Principles for Non-profit
Organizations), including the restrictions on compensation for personal
services.
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September 30,
1999, to remain available until expended.
For expenses necessary to enable the United States Information
Agency, as authorized by the United States Information and Educational
Exchange Act of 1948, as amended, the United States International
Broadcasting Act of 1994, as amended, and Reorganization Plan No. 2 of
1977, to carry out international communication activities, $362,365,000,
of which not to exceed $16,000 may be used for official receptions
within the United States as authorized by section 804(3) of such Act of
1948 (22 U.S.C. 1747(3)), not to exceed $35,000 may be used for
representation abroad as authorized by section 302 of such Act of 1948
(22 U.S.C. 1452) and section 905 of the Foreign Service Act of 1980 (22
U.S.C. 4085), and not to exceed $39,000 may be used for official
reception and representation expenses of Radio Free Europe/Radio
Liberty; and in addition, notwithstanding any other provision of law,
not to exceed $2,000,000 in receipts from advertising and revenue from
business ventures, not to exceed $500,000 in receipts from cooperating
international organizations, and not to exceed $1,000,000 in receipts
from privatization efforts of the Voice of America and the International
Broadcasting Bureau, to remain available until expended for carrying out
authorized purposes.
For expenses necessary to enable the United States Information
Agency to carry out the Radio Broadcasting to Cuba Act, as amended, the
Television Broadcasting to Cuba Act, and the International
[[Page 112 STAT. 2681-100]]
Broadcasting Act of 1994, including the purchase, rent, construction,
and improvement of facilities for radio and television transmission and
reception, and purchase and installation of necessary equipment for
radio and television transmission and reception, $22,095,000, to remain
available until expended.
For the purchase, rent, construction, and improvement of facilities
for radio transmission and reception, and purchase and installation of
necessary equipment for radio and television transmission and reception
as authorized by section 801 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1471), $13,245,000, to
remain available until expended, as authorized by section 704(a) of such
Act of 1948 (22 U.S.C. 1477b(a)).
To enable the Director of the United States Information Agency to
provide for carrying out the provisions of the Center for Cultural and
Technical Interchange Between East and West Act of 1960 (22 U.S.C. 2054-
2057), by grant to the Center for Cultural and Technical Interchange
Between East and West in the State of Hawaii, $12,500,000: Provided,
That none of the funds appropriated herein shall be used to pay any
salary, or enter into any contract providing for the payment thereof, in
excess of the rate authorized by 5 U.S.C. 5376.
To enable the Director of the United States Information Agency to
provide for carrying out the provisions of
the North/South Center Act of 1991 (22 U.S.C. 2075), by grant to an
educational institution in Florida known as the North/South Center,
$1,750,000, to remain available until expended.
national endowment for democracy
For grants made by the United States Information Agency to the
National Endowment for Democracy as authorized by the National Endowment
for Democracy Act, $31,000,000, to remain available until expended.
General Provisions--Department of State and Related Agencies
Sec. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of title 5, United States Code; for services
as authorized by 5 U.S.C. 3109; and hire of passenger transportation
pursuant to 31 U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
not to exceed 5 percent of any appropriation made available for the
current fiscal year for the United States Information Agency in this Act
may be transferred between such
[[Page 112 STAT. 2681-101]]
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by any
such transfers: Provided further, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Sec. 403. (a) An employee who regularly commutes from his or her
place of residence in the continental United States to an official duty
station in Canada or Mexico shall receive a border equalization
adjustment equal to the amount of comparability payments under section
5304 of title 5, United States Code, that he or she would receive if
assigned to an official duty station within the United States locality
pay area closest to the employee's official duty station.
(b) For purposes of this section, the term ``employee'' shall mean a
person who--
(1) is an ``employee'' as defined under section 2105 of
title 5, United States Code; and
(2) is employed by the United States Department of State,
the United States Information Agency, the United States Agency
for International Development, or the International Joint
Commission, except that the term shall not include members of
the Foreign Service as defined by section 103 of the Foreign
Service Act of 1980 (Public Law 96-465), section 3903 of title
22, United States Code.
(c) An equalization adjustment payable under this section shall be
considered basic pay for the same purposes as are comparability payments
under section 5304 of title 5, United States Code, and its implementing
regulations.
(d) The agencies referenced in subsection (c)(2) are authorized to
promulgate regulations to carry out the purposes of this section.
Sec. 404. (a) Section 6(4) of the Japan-United States Friendship Act
(22 U.S.C. 2905(4)) is amended by striking ``needed, except'' and all
that follows through ``United States'' and inserting ``needed''.
(b) The second sentence of section 7(b) of the Japan-United States
Friendship Act (22 U.S.C. 2906(b)) is amended to read as follows: ``Such
investment may be made only in interest-bearing obligations of the
United States, in obligations guaranteed as to both principal and
interest by the United States, in interest-bearing obligations of Japan,
or in obligations guaranteed as to both principal and interest by
Japan.''.
Sec. 405. The Director of the United States Information Agency is
authorized to administer summer travel and work programs without regard
to preplacement requirements.
Sec. 406. Section 12 of the International Organizations Immunities
Act (22 U.S.C. 288f-2) is amended by inserting ``and the United Nations
Industrial Development Organization'' after ``International Labor
Organization''.
Sec. 407. (a) Section 5545a of title 5, United States Code, is
amended by adding at the end the following:
``(k)(1) For purposes of this section, the term `criminal
investigator' includes a special agent occupying a position under title
II of Public Law 99-399 if such special agent--
``(A) meets the definition of such term under paragraph (2)
of subsection (a) (applied disregarding the parenthetical matter
before subparagraph (A) thereof); and
[[Page 112 STAT. 2681-102]]
``(B) such special agent satisfies the requirements of
subsection (d) without taking into account any hours described
in paragraph (2)(B) thereof.
``(2) In applying subsection (h) with respect to a special agent
under this subsection--
``(A) any reference in such subsection to `basic pay' shall
be considered to include amounts designated as `salary';
``(B) paragraph (2)(A) of such subsection shall be
considered to include (in addition to the provisions of law
specified therein) sections 609(b)(1), 805, 806, and 856 of the
Foreign Service Act of 1980; and
``(C) paragraph (2)(B) of such subsection shall be applied
by substituting for `Office of Personnel Management' the
following: `Office of Personnel Management or the Secretary of
State (to the extent that matters exclusively within the
jurisdiction of the Secretary are concerned)'.''.
(b) Not later than the date on which the amendments made by this
section take effect, each special agent of the Diplomatic Security
Service who satisfies the requirements of subsection (k)(1) of section
5545a of title 5, United States Code, as amended by this section, and
the appropriate supervisory officer, to be designated by the Secretary
of State, shall make an initial certification to the Secretary of State
that the special agent is expected to meet the requirements of
subsection (d) of such section 5545a. The Secretary of State may
prescribe procedures necessary to administer this subsection.
(c)(1) Paragraph (2) of section 5545a(a) of title 5, United States
Code, is amended (in the matter before subparagraph (A)) by striking
``Public Law 99-399)'' and inserting ``Public Law 99-399, subject to
subsection (k))''.
(2) Section 5542(e) of such title is amended by striking ``title 18,
United States Code,'' and inserting ``title 18 or section 37(a)(3) of
the State Department Basic Authorities Act of 1956,''.
<<NOTE: Effective date. 5 USC 5542 note.>> (d) The amendments made
by this section shall take effect on the first day of the first
applicable pay period--
(1) which begins on or after the 90th day following the date
of the enactment of this Act; and
(2) on which date all regulations necessary to carry out
such amendments are (in the judgment of the Director of the
Office of Personnel Management and the Secretary of State) in
effect.
Sec. 408. None of the funds made available in this Act may be used
by the Department of State or the United States Information Agency to
provide equipment, technical support, consulting services, or any other
form of assistance to the Palestinian Broadcasting Corporation.
Sec. <<NOTE: 28 USC 2669-1.>> 409. During the current fiscal year
and hereafter, the Secretary of State shall have discretionary authority
to pay tort claims in the manner authorized by section 2672 of title 28,
United States Code, when such claims arise in foreign countries in
connection with the overseas operations of the Department of State.
Sec. 410. (a)(1)(A) Notwithstanding any other provision of law and
subject to subparagraph (B), the Secretary of State and the Attorney
General shall impose, for the processing of any application for the
issuance of a machine readable combined border crossing card and
nonimmigrant visa under section 101(a)(15)(B) of the Immigration and
Nationality Act, a fee of $13 (for recovery of
[[Page 112 STAT. 2681-103]]
the costs of manufacturing the combined card and visa) in the case of
any alien under 15 years of age where the application for the machine
readable combined border crossing card and nonimmigrant visa is made in
Mexico by a citizen of Mexico who has at least one parent or guardian
who has a visa under such section or is applying for a machine readable
combined border crossing card and nonimmigrant visa under such section
as well.
(B) The Secretary of State and the Attorney General may not commence
implementation of the requirement in subparagraph (A) until the later
of--
(i) the date that is 6 months after the date of enactment of
this Act; or
(ii) the date on which the Secretary sets the amount of the
fee or surcharge in accordance with paragraph (3).
(2)(A) Except as provided in subparagraph (B), if the fee for a
machine readable combined border crossing card and nonimmigrant visa
issued under section 101(a)(15)(B) of the Immigration and Nationality
Act has been reduced under paragraph (1) for a child under 15 years of
age, the machine readable combined border crossing card and nonimmigrant
visa shall be issued to expire on the earlier of--
(i) the date on which the child attains the age of 15; or
(ii) ten years after its date of issue.
(B) At the request of the parent or guardian of any alien under 15
years of age otherwise covered by subparagraph (A), the Secretary of
State and the Attorney General may charge the non-reduced fee for the
processing of an application for the issuance of a machine readable
combined border crossing card and nonimmigrant visa under section
101(a)(15)(B) of the Immigration and Nationality Act provided that the
machine readable combined border crossing card and nonimmigrant visa is
issued to expire as of the same date as is usually provided for visas
issued under that section.
(3) Notwithstanding any other provision of law, the Secretary of
State shall set the amount of the fee or surcharge authorized pursuant
to section 140(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236; 8 U.S.C. 1351 note) for the
processing of machine readable nonimmigrant visas and machine readable
combined border crossing cards and nonimmigrant visas at a level that
will ensure the full recovery by the Department of State of the costs of
processing such machine readable nonimmigrant visas and machine readable
combined border crossing cards and nonimmigrant visas, including the
costs of processing the machine readable combined border crossing cards
and nonimmigrant visas for which the fee is reduced pursuant to this
subsection.
(b) The Secretary of State shall continue, until the date that is 5
years after the date of the enactment of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note et seq.),
to process applications for visas under section 101(a)(15)(B) of the
Immigration and Nationality Act at the following cities in Mexico
located near the international border with the United States: Nogales,
Nuevo Laredo, Ciudad Acuna, Piedras Negras, Agua Prieta, and Reynosa.
[[Page 112 STAT. 2681-104]]
(c) Section 104(b)(2) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is amended by
striking ``3 years'' and inserting ``5 years''.
Sec. 411. Funds appropriated by this Act for the United States
Information Agency, the Arms Control and Disarmament Agency, and the
Department of State may be obligated and expended notwithstanding
section 701 of the United States Information and Educational Exchange
Act of 1948 and section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, section 53 of the Arms Control and
Disarmament Act, and section 15 of the State Department Basic
Authorities Act of 1956.
This title may be cited as the ``Department of State and Related
Agencies Appropriations Act, 1999''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$89,650,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $69,303,000.
For the cost of guaranteed loans, as authorized by the Merchant
Marine Act, 1936, $6,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $1,000,000,000.
In addition, for administrative expenses to carry out the guaranteed
loan program, not to exceed $3,725,000, which shall be transferred to
and merged with the appropriation for Operations and Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration, and payments received therefore shall be credited to the
appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year from
the construction fund established by the Merchant Marine
[[Page 112 STAT. 2681-105]]
Act, 1936, or otherwise, in excess of the appropriations and limitations
contained in this Act or in any prior appropriation Act, and all
receipts which otherwise would be deposited to the credit of said fund
shall be covered into the Treasury as miscellaneous receipts.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of America's
Heritage Abroad, $265,000, as authorized by section 1303 of Public Law
99-83.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $8,900,000: Provided, That not to
exceed $50,000 may be used to employ consultants: Provided further, That
none of the funds appropriated in this paragraph shall be used to employ
in excess of 4 full-time individuals under Schedule C of the Excepted
Service exclusive of 1 special assistant for each Commissioner: Provided
further, That none of the funds appropriated in this paragraph shall be
used to reimburse Commissioners for more than 75 billable days, with the
exception of the chairperson who is permitted 125 billable days.
Commission on Security and Cooperation In Europe
salaries and expenses
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304, $1,170,000, to remain
available until expended as authorized by section 3 of Public Law 99-7.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
as amended (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to
private citizens; and not to exceed $29,000,000 for payments to State
and local enforcement agencies for services to the Commission pursuant
to title VII of the Civil Rights Act of 1964, as amended, sections 6 and
14 of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
$279,000,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from available funds.
[[Page 112 STAT. 2681-106]]
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-02; not to exceed $600,000 for land and
structure; not to exceed $500,000 for improvement and care of grounds
and repair to buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed 16) and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $192,000,000, of which not to exceed $300,000 shall remain
available until September 30, 2000, for research and policy studies:
Provided, That $172,523,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the Communications Act
of 1934, as amended, and shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during fiscal year
1999 so as to result in a final fiscal year 1999 appropriation estimated
at $19,477,000: Provided further, That any offsetting collections
received in excess of $172,523,000 in fiscal year 1999 shall remain
available until expended, but shall not be available for obligation
until October 1, 1999.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-02, $14,150,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $86,679,000: Provided, That not to exceed
$300,000 shall be available for use to contract with a person or persons
for collection services in accordance with the terms of 31 U.S.C. 3718,
as amended: Provided further, That, notwithstanding any other provision
of law, not to exceed $76,500,000 of offsetting collections derived from
fees collected for premerger notification filings under the Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That the sum
herein appropriated from the General Fund shall be reduced as such
[[Page 112 STAT. 2681-107]]
offsetting collections are received during fiscal year 1999, so as to
result in a final fiscal year 1999 appropriation from the General Fund
estimated at not more than $10,179,000, to remain available until
expended: Provided further, That none of the funds made available to the
Federal Trade Commission shall be available for obligation for expenses
authorized by section 151 of the Federal Deposit Insurance Corporation
Improvement Act of 1991 (Public Law 102-242, 105 Stat. 2282-2285).
Legal Services Corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, as amended,
$300,000,000, of which $289,000,000 is for basic field programs and
required independent audits; $2,015,000 is for the Office of Inspector
General, of which such amounts as may be necessary may be used to
conduct additional audits of recipients; and $8,985,000 is for
management and administration.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 1998 and 1999, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of Public Law 92-522, as amended, $1,240,000.
Commission on Ocean Policy
For necessary expenses of the Commission on Ocean Policy,
$3,500,000, to remain available until expended: Provided, That the funds
provided in this Act for the Commission on Ocean Policy shall become
available only upon the enactment of authorizing legislation.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,000 for official
[[Page 112 STAT. 2681-108]]
reception and representation expenses, $23,000,000; and, in addition, to
remain available until expended, from fees collected in fiscal year
1998, $87,000,000, and from fees collected in fiscal year 1999,
$214,000,000; of which not to exceed $10,000 may be used toward funding
a permanent secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be available for
expenses for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of their
delegations, appropriate representatives and staff to exchange views
concerning developments relating to securities matters, development and
implementation of cooperation agreements concerning securities matters
and provision of technical assistance for the development of foreign
securities markets, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and foreign
invitees in attendance at such consultations and meetings including: (1)
such incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such meetings;
and (3) any other related lodging or subsistence: Provided, That fees
and charges authorized by sections 6(b)(4) of the Securities Act of 1933
(15 U.S.C. 77f(b)(4)) and 31(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78ee(d)) shall be credited to this account as offsetting
collections.
Small Business Administration
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 103-403, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and representation
expenses, $288,300,000, of which: $3,500,000 shall be available for a
grant to the NTTC at Wheeling Jesuit University to continue the outreach
program to assist small business development; $4,000,000 shall be
available for a grant for Western Carolina University to develop a
facility to assist in small business and rural economic development;
$2,000,000 shall be available for a grant for the City of Hazard,
Kentucky for a Center for Rural Law Enforcement Technology and Training;
$1,500,000 shall be available for a grant to the State University of New
York to develop a facility and operate the Institute of Entrepreneurship
for small business and workforce development; $1,500,000 shall be
available for a grant for Pikeville College for a telemedicine learning
and resource center; $1,000,000 shall be available for a grant for the
Center for Excellence in Marine Science Education at Southampton
College; $1,000,000 shall be for a grant to King's College in Wilkes-
Barre, Pennsylvania, for the commercialization of pulverization
technologies; $850,000 shall be available for a grant for the Carbondale
Technology Transfer Center in Lackawanna County, Pennsylvania;
$1,000,000 shall be available for a grant for the Institute for Software
Research in Fairmont, West Virginia, for Institute operations and to
further develop their capability to perform basic and applied research
aimed at software engineering, biometrics, image processing and
networks; $500,000 shall be available for a grant for the Altoona
Science and Technology Research Academy in Altoona, Pennsylvania;
$200,000 shall be available for a grant to the City of Prestonburg,
Kentucky for a regional
[[Page 112 STAT. 2681-109]]
arts and tourism center; $300,000 shall be available for a grant for the
City of Parkersburg, West Virginia for infrastructure improvements,
facility upgrades, and property acquisition associated with community
non-profit service and enrichment projects; $200,000 shall be available
for a grant for the Vandalia Heritage Foundation to fulfill its charter
purposes; $1,000,000 shall be available for a grant for the Moundsville
Economic Development Council to work in conjunction with the Office of
Law Enforcement Technology Commercialization for the establishment of
the National Corrections and Law Enforcement Training and Technology
Center, and for infrastructure improvements associated with this
initiative; and $250,000 shall be available for a grant for
the Johnstown Area Regional Industries Defense Procurement Center to
establish a Year 2000 challenge grant program to assist small businesses
that rely heavily on the Federal Government's acquisition system for
their livelihood, and help provide a solution to the Year 2000 computer
problem: Provided, That the Administrator is authorized to charge fees
to cover the cost of publications developed by the Small Business
Administration, and certain loan servicing activities: Provided further,
That, notwithstanding 31 U.S.C. 3302, revenues received from all such
activities shall be credited to this account, to be available for
carrying out these purposes without further appropriations: Provided
further, That $82,000,000 shall be available to fund grants for
performance in fiscal year 1999 or fiscal year 2000 as authorized by
section 21 of the Small Business Act, as amended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App.), $10,800,000.
business loans program account
For the cost of direct loans, $2,200,000, to be available until
expended; and for the cost of guaranteed loans, $128,030,000, as
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain
available until September 30, 2000: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided further, That
of the funds previously made available under Public Law 105-135, section
507(g), for the Delta Loan program, up to $20,000,000 may be transferred
to and merged with the appropriations for salaries and expenses:
Provided further, That during fiscal year 1999, commitments to guarantee
loans under section 503 of the Small Business Investment Act of 1958, as
amended, shall not exceed the amount of financings authorized under
section 20(d)(1)(B)(ii) of the Small Business Act, as amended: Provided
further, That during fiscal year 1999, commitments for general business
loans authorized under section 7(a) of the Small Business Act, as
amended, shall not exceed $10,000,000,000 without prior notification of
the Committees on Appropriations of the House of Representatives and
Senate in accordance with section 605 of this Act.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $94,000,000, which may be
[[Page 112 STAT. 2681-110]]
transferred to and merged with the appropriations for Salaries and
Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of the Small
Business Act, as amended, $76,329,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the direct
loan program, $116,000,000, which may be transferred to and merged with
appropriations for Salaries and Expenses, including $500,000 for the
Office of Inspector General of the Small Business Administration for
audits and reviews of disaster loans and the disaster loan program, and
said sums shall be transferred to and merged with appropriations for the
Office of Inspector General.
For additional capital for the ``Surety Bond Guarantees Revolving
Fund'', authorized by the Small Business Investment Act, as amended,
$3,300,000, to remain available without fiscal year limitation as
authorized by 15 U.S.C. 631 note.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Small Business Administration in this Act
may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
State Justice Institute
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Authorization Act of 1992 (Public Law
102-572 (106 Stat. 4515-4516)), $6,850,000, to remain available until
expended: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available
[[Page 112 STAT. 2681-111]]
for public inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year 1999,
or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure through a
reprogramming of funds which: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been denied or
restricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or privatizes any
functions, or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 1999, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding for
any existing program, project, or activity, or numbers of personnel by
10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may be used
for the construction, repair (other than emergency repair), overhaul,
conversion, or modernization
of vessels for the National Oceanic and Atmospheric Administration in
shipyards located outside of the United States.
Sec. 607. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any
[[Page 112 STAT. 2681-112]]
inscription with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, the person
shall be ineligible to receive any contract or subcontract made with
funds made available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400 through 9.409
of title 48, Code of Federal Regulations.
Sec. 608. None of the funds made available in this Act may be used
to implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based on religion,
when it is made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds appropriated or otherwise made available
by this Act may be obligated or expended to pay for any cost incurred
for: (1) opening or operating any United States diplomatic or consular
post in the Socialist Republic of Vietnam that was not operating on July
11, 1995; (2) expanding any United States diplomatic or consular post in
the Socialist Republic of Vietnam that was operating on July 11, 1995;
or (3) increasing the total number of personnel assigned to United
States diplomatic or consular posts in the Socialist Republic of Vietnam
above the levels existing on July 11, 1995; unless the President
certifies within 60 days the following:
(A) Based upon all information available to the United
States Government, the Government of the Socialist Republic of
Vietnam is fully cooperating in good faith with the United
States in the following:
(i) Resolving discrepancy cases, live sightings, and
field activities.
(ii) Recovering and repatriating American remains.
(iii) Accelerating efforts to provide documents that
will help lead to fullest possible accounting of
prisoners of war and missing in action.
(iv) Providing further assistance in implementing
trilateral investigations with Laos.
(B) The remains, artifacts, eyewitness accounts, archival
material, and other evidence associated with prisoners of war
and missing in action recovered from crash sites, military
actions, and other locations in Southeast Asia are being
thoroughly analyzed by the appropriate laboratories with the
intent of providing surviving relatives with scientifically
defensible, legal determinations of death or other
accountability that are fully documented and available in
unclassified and unredacted form to immediate family members.
Sec. 610. None of the funds made available by this Act may be used
for any United Nations undertaking when it is made known to the Federal
official having authority to obligate or expend such funds: (1) that the
United Nations undertaking is a peacekeeping mission; (2) that such
undertaking will involve United States Armed Forces under the command or
operational control of a foreign national; and (3) that the President's
military advisors have not submitted to the President a recommendation
that such involvement is in the national security interests of the
United States and the President has not submitted to the Congress such a
recommendation.
Tuesday, April 2, 2013
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