[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4276 Reported in House (RH)]

                                                 Union Calendar No. 357

105th CONGRESS

  2d Session

                               H. R. 4276

                          [Report No. 105-636]

_______________________________________________________________________

                                 A BILL

  Making appropriations for the Departments of Commerce, Justice, and 
 State, the Judiciary, and related agencies for the fiscal year ending 
              September 30, 1999, and for other purposes.

_______________________________________________________________________

                             July 20, 1998

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
                                                 Union Calendar No. 357
105th CONGRESS
  2d Session
                                H. R. 4276

                          [Report No. 105-636]

  Making appropriations for the Departments of Commerce, Justice, and 
 State, the Judiciary, and related agencies for the fiscal year ending 
              September 30, 1999, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 1998

    Mr. Rogers, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
  Making appropriations for the Departments of Commerce, Justice, and 
 State, the Judiciary, and related agencies for the fiscal year ending 
              September 30, 1999, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 1998, and for 
other purposes, namely:

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $79,448,000, of which not to exceed $3,317,000 is for the 
Facilities Program 2000, to remain available until expended: Provided, 
That not to exceed 43 permanent positions and 44 full-time equivalent 
workyears and $8,136,000 shall be expended for the Department 
Leadership Program exclusive of augmentation that occurred in these 
offices in fiscal year 1998: Provided further, That not to exceed 41 
permanent positions and 48 full-time equivalent workyears and 
$4,811,000 shall be expended for the Offices of Legislative Affairs and 
Public Affairs: Provided further, That the latter two aforementioned 
offices shall not be augmented by personnel details, temporary 
transfers of personnel on either a reimbursable or non-reimbursable 
basis or any other type of formal or informal transfer or reimbursement 
of personnel or funds on either a temporary or long-term basis.

                         counterterrorism fund

    For necessary expenses, as determined by the Attorney General, 
$129,200,000, to remain available until expended, to reimburse 
departments and agencies of the Federal Government for any costs 
incurred in connection with--
            (1) providing bomb training and response capabilities to 
        State and local law enforcement agencies;
            (2) providing training and related equipment for chemical, 
        biological, nuclear, and cyber attack prevention and response 
        capabilities to State and local agencies; and
            (3) providing grants, contracts, cooperative agreements, 
        and other assistance authorized by sections 819, 821, and 822 
        of the Antiterrorism and Effective Death Penalty Act of 1996.

                   administrative review and appeals

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

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App.), $36,610,000; including not to exceed $10,000 
to meet unforeseen emergencies of a confidential character, to be 
expended under the direction of, and to be accounted for solely under 
the certificate of, the Attorney General; and for the acquisition, 
lease, maintenance, and operation of motor vehicles, without regard to 
the general purchase price limitation for the current fiscal year: 
Provided, That up to one-tenth of one percent of the Department of 
Justice's allocation from the Violent Crime Reduction Trust Fund grant 
programs may be transferred at the discretion of the Attorney General 
to this account for the audit or other review of such grant programs, 
as authorized by section 130005 of the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322).

                    United States Parole Commission

                         salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized by law, $7,400,000.

                            Legal Activities

            salaries and expenses, general legal activities

    For expenses necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including not to exceed $20,000 
for expenses of collecting evidence, to be expended under the direction 
of, and to be accounted for solely under the certificate of, the 
Attorney General; and rent of private or Government-owned space in the 
District of Columbia; $462,265,000; of which not to exceed $10,000,000 
for litigation support contracts shall remain available until expended: 
Provided, That of the funds available in this appropriation, not to 
exceed $17,834,000 shall remain available until expended for office 
automation systems for the legal divisions covered by this 
appropriation, and for the United States Attorneys, the Antitrust 
Division, and offices funded through ``Salaries and Expenses'', General 
Administration: Provided further, That of the total amount 
appropriated, not to exceed $1,000 shall be available to the United 
States National Central Bureau, INTERPOL, for official reception and 
representation expenses: Provided further, That $813,333 of funds made 
available to the Department of Justice in this Act shall be transferred 
by the Attorney General to the Presidential Advisory Commission on 
Holocaust Assets in the United States: Provided further, That any 
transfer pursuant to the previous proviso shall be treated as a 
reprogramming under section 605 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section.
    In addition, $8,160,000, to be derived from the Violent Crime 
Reduction Trust Fund, to remain available until expended for such 
purposes.
     In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, as amended, not to exceed $4,028,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

               salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $68,275,000: Provided, That, notwithstanding any other provision 
of law, not to exceed $68,275,000 of offsetting collections derived 
from fees collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall 
be retained and used for necessary expenses in this appropriation, and 
shall remain available until expended: Provided further, That the sum 
herein appropriated from the General Fund shall be reduced as such 
offsetting collections are received during fiscal year 1999, so as to 
result in a final fiscal year 1999 appropriation from the General Fund 
estimated at not more than $0: Provided further, That any fees received 
in excess of $68,275,000 in fiscal year 1999 shall remain available 
until expended, but shall not be available for obligation until October 
1, 1999.

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including intergovernmental and cooperative agreements, 
$1,037,471,000; of which not to exceed $2,500,000 shall be available 
until September 30, 2000, for (1) training personnel in debt 
collection; (2) locating debtors and their property; (3) paying the net 
costs of selling property; and (4) tracking debts owed to the United 
States Government: Provided, That, of the total amount appropriated, 
not to exceed $8,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed 
$10,000,000 of those funds available for automated litigation support 
contracts shall remain available until expended: Provided further, 
That, in addition to reimbursable full-time equivalent workyears 
available to the Offices of the United States Attorneys, not to exceed 
9,044 positions and 9,312 full-time equivalent workyears shall be 
supported from the funds appropriated in this Act for the United States 
Attorneys.
    In addition, $54,231,000, to be derived from the Violent Crime 
Reduction Trust Fund, to remain available until expended for such 
purposes.

                   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 such fees collected in excess of 
$114,248,000 in fiscal year 1999 shall remain available until expended, 
but shall not be available for obligation until October 1, 1999.

      salaries and expenses, foreign claims settlement commission

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 5 
U.S.C. 3109, $1,335,000.

         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, $477,611,000, 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.

 justice prisoner and alien transportation system fund, united states 
                            marshals service

    There is hereby established a Justice Prisoner and Alien 
Transportation System Fund for the payment of necessary expenses 
related to the scheduling and transportation of United States prisoners 
and illegal and criminal aliens in the custody of the United States 
Marshals Service, as authorized in 18 U.S.C. 4013, including, without 
limitation, salaries and expenses, operations, and the acquisition, 
lease, and maintenance of aircraft and support facilities: 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, $6,699,000 and, 
in addition, up to $1,000,000 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.

                    Radiation Exposure Compensation

                        administrative expenses

    For necessary administrative expenses in accordance with the 
Radiation Exposure Compensation Act, $2,000,000.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

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

                    Federal Bureau of Investigation

                         salaries and expenses

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States; including purchase for police-type use of not to exceed 2,688 
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, $2,750,615,000; 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 $282,473,000 shall be for counterterrorism 
investigations, foreign counterintelligence, and other activities 
related to our national security; of which not to exceed $69,846,000 
shall remain available until expended, of which not to exceed 
$8,046,000 shall be for equipment to address chemical and biological 
attacks; 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 
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, $215,356,000 for such purposes, to remain available 
until expended, to be derived from the Violent Crime Reduction Trust 
Fund, as authorized by the Violent Crime Control and Law Enforcement 
Act of 1994, as amended, and the Antiterrorism and Effective Death 
Penalty Act of 1996.

                              construction

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of federally owned buildings; 
and preliminary planning and design of projects; $11,287,000, to remain 
available until expended.

                    Drug Enforcement Administration

                         salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character, to be expended under the direction of, and to 
be accounted for solely under the certificate of, the Attorney General; 
expenses for conducting drug education and training programs, including 
travel and related expenses for participants in such programs and the 
distribution of items of token value that promote the goals of such 
programs; purchase of not to exceed 1,428 passenger motor vehicles, of 
which 1,080 will be for replacement only, for police-type use without 
regard to the general purchase price limitation for the current fiscal 
year; and acquisition, lease, maintenance, and operation of aircraft; 
$796,290,000, 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, to be derived from the Violent Crime 
Reduction Trust Fund, to remain available until expended for such 
purposes.

                              construction

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

                 Immigration and Naturalization Service

                         salaries and expenses

    For expenses, not otherwise provided for, 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, not otherwise provided for, 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; 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; $1,096,431,000, 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'', 
$523,083,000: 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 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, 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, $866,490,000, 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, $81,570,000, to remain 
available until expended.

                         Federal Prison System

                         salaries and expenses

    For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, 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; $2,922,354,000: Provided, That the 
Attorney General may transfer to the Health Resources and Services 
Administration such amounts as may be necessary for direct expenditures 
by that Administration for medical relief for inmates of Federal penal 
and correctional institutions: Provided further, That the Director of 
the Federal Prison System (FPS), where necessary, may enter into 
contracts with a fiscal agent/fiscal intermediary claims processor to 
determine the amounts payable to persons who, on behalf of the FPS, 
furnish health services to individuals committed to the custody of the 
FPS: Provided further, That uniforms may be purchased without regard to 
the general purchase price limitation for the current fiscal year: 
Provided further, That not to exceed $6,000 shall be available for 
official reception and representation expenses: Provided further, That 
not to exceed $90,000,000 for the activation of new facilities shall 
remain available until September 30, 2000: Provided further, That, of 
the amounts provided for Contract Confinement, not to exceed 
$20,000,000 shall remain available until expended to make payments in 
advance for grants, contracts and reimbursable agreements, and other 
expenses authorized by section 501(c) of the Refugee Education 
Assistance Act of 1980, as amended, for the care and security in the 
United States of Cuban and Haitian entrants: Provided further, That, 
notwithstanding section 4(d) of the Service Contract Act of 1965 (41 
U.S.C. 353(d)), FPS may enter into contracts and other agreements with 
private entities for periods of not to exceed 3 years and 7 additional 
option years for the confinement of Federal prisoners.
    In addition, $26,499,000, for such purposes, to remain available 
until expended, to be derived from the Violent Crime Reduction Trust 
Fund.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; leasing the Oklahoma City Airport Trust Facility; purchase 
and acquisition of facilities and remodeling, and equipping of such 
facilities for penal and correctional use, including all necessary 
expenses incident thereto, by contract or force account; and 
constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account; 
$413,997,000, 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 accordance with section 605 of 
this Act: Provided further, That, of the total amount appropriated, not 
to exceed $3,300,000 shall be available for the renovation and 
construction of United States Marshals Service prisoner-holding 
facilities.

                federal prison industries, incorporated

    The Federal Prison Industries, Incorporated, is hereby authorized 
to make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments, without regard to fiscal year 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 5 for replacement only) and hire of passenger motor vehicles.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

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

                       Office of Justice Programs

                           justice assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968, as amended, and the Missing Children's Assistance Act, as 
amended, including salaries and expenses in connection therewith, and 
with the Victims of Crime Act of 1984, as amended, $155,000,000, 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, $552,750,000, 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 $47,750,000 
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) 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''); $2,371,400,000, 
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 subparagraphs (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 $20,000,000 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 for the 
purpose of distribution of grants under the Local Law Enforcement Block 
Grant Program in the State of Louisiana, or any other State the 
Attorney General finds as having provisions within its constitution 
similar to those of Louisiana which establish the office of the sheriff 
in such State as an independent elected official with its own taxing 
and spending authority, parish sheriffs shall be eligible to receive a 
direct grant of 50 percent of the funding otherwise provided to the 
parishes; 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 
$730,500,000 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 
$15,000,000 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 $7,000,000 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 $200,750,000 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: 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, and $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; of 
which $39,000,000 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; 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 $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 $750,000 shall be for Motor Vehicle Theft Prevention Programs, as 
authorized by section 220002(h) of the 1994 Act; of which $40,000,000 
shall be for Drug Courts, as authorized by title V of the 1994 Act; of 
which $1,500,000 shall be for Law Enforcement Family Support Programs, 
as authorized by section 1001(a)(21) of the 1968 Act; of which 
$2,000,000 shall be for public awareness programs addressing marketing 
scams aimed at senior citizens, as authorized by section 250005(3) of 
the 1994 Act; and of which $250,000,000 shall be for Juvenile 
Accountability Incentive Block Grants, except that such funds shall be 
subject to the same terms and conditions as set forth in the provisions 
under this heading for this program in Public Law 105-119, but all 
references in such provisions to 1998 shall be deemed to refer instead 
to 1999: Provided further, That funds made available in fiscal year 
1999 under subpart 1 of part E of title I of the 1968 Act may be 
obligated for programs to assist States in the litigation processing of 
death penalty Federal habeas corpus petitions and for drug testing 
initiatives: Provided further, That, if a unit of local government uses 
any of the funds made available under this title to increase the number 
of law enforcement officers, the unit of local government will achieve 
a net gain in the number of law enforcement officers who perform 
nonadministrative public safety service.

                       weed and seed program fund

    For necessary expenses, including salaries and related expenses of 
the Executive Office for Weed and Seed, to implement ``Weed and Seed'' 
program activities, $33,500,000 to remain available until expended, for 
intergovernmental agreements, including grants, cooperative agreements, 
and contracts, with State and local law enforcement agencies engaged in 
the investigation and prosecution of violent crimes and drug offenses 
in ``Weed and Seed'' designated communities, and for either 
reimbursements or transfers to appropriation accounts of the Department 
of Justice and other Federal agencies which shall be specified by the 
Attorney General to execute the ``Weed and Seed'' program strategy: 
Provided, That funds designated by Congress through language for other 
Department of Justice appropriation accounts for ``Weed and Seed'' 
program activities shall be managed and executed by the Attorney 
General through the Executive Office for Weed and Seed: Provided 
further, That the Attorney General may direct the use of other 
Department of Justice funds and personnel in support of ``Weed and 
Seed'' program activities only after the Attorney General notifies the 
Committees on Appropriations of the House of Representatives and the 
Senate in accordance with section 605 of this Act.

                  Community Oriented Policing Services

                    violent crime reduction programs

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994, Public Law 103-322 (``the 1994 Act'') 
(including administrative costs), $1,400,000,000, to remain available 
until expended, which shall be derived from the Violent Crime Reduction 
Trust Fund, for Public Safety and Community Policing Grants pursuant to 
title I of the 1994 Act: Provided, That not to exceed 266 permanent 
positions and 266 full-time equivalent workyears and $32,023,000 shall 
be expended for program management and administration: Provided 
further, That, of the unobligated balances available in this program, 
$170,000,000 shall be used for innovative policing programs, of which 
$50,000,000 shall be used for a law enforcement technology program, 
$50,000,000 shall be used for policing initiatives to combat 
methamphetamine production and trafficking and to enhance policing 
initiatives in drug ``hot spots'', $20,000,000 shall be used for 
programs to combat violence in schools, $25,000,000 shall be used for 
bullet proof vests for law enforcement officers, $10,000,000 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, and $15,000,000 shall be used for 
equipment and training for tribal law enforcement officers.
     In addition, for programs of Police Corps education, training, and 
service as set forth in sections 200101-200113 of the 1994 Act, 
$20,000,000, to remain available until expended, which shall be derived 
from the Violent Crime Reduction Trust Fund.

                       juvenile justice programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974, as amended, including salaries and expenses in connection 
therewith to be transferred and merged with the appropriations for 
Justice Assistance, $265,950,000, to remain available until expended: 
Provided, That these funds shall be available for obligation and 
expenditure upon enactment of reauthorization legislation for the 
Juvenile Justice and Delinquency Prevention Act of 1974 (H.R. 1818 or 
comparable legislation).
    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 of 1990, 
as amended, $7,000,000, to remain available until expended, as 
authorized by section 214B of the Act.

                    public safety officers benefits

    To remain available until expended, for payments authorized by part 
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3796), as amended, such sums as are necessary, as authorized 
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340); and 
$250,000 for the Federal Law Enforcement Dependents Assistance Program, 
as authorized by section 1212 of said Act.

               General Provisions--Department of Justice

    Sec. 101. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of 
not to exceed $45,000 from funds appropriated to the Department of 
Justice in this title shall be available to the Attorney General for 
official reception and representation expenses in accordance with 
distributions, procedures, and regulations established by the Attorney 
General.
    Sec. 102. Authorities contained in the Department of Justice 
Appropriation Authorization Act, Fiscal Year 1980 (Public Law 96-132; 
93 Stat. 1040 (1979)), as amended, shall remain in effect until the 
termination date of this Act or until the effective date of a 
Department of Justice Appropriation Authorization Act, whichever is 
earlier.
    Sec. 103. None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case 
of rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 104. None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 105. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 104 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 106. Notwithstanding any other provision of law, not to exceed 
$10,000,000 of the funds made available in this Act may be used to 
establish and publicize a program under which publicly advertised, 
extraordinary rewards may be paid, which shall not be subject to 
spending limitations contained in sections 3059 and 3072 of title 18, 
United States Code: Provided, That any reward of $100,000 or more, up 
to a maximum of $2,000,000, may not be made without the personal 
approval of the President or the Attorney General and such approval may 
not be delegated.
    Sec. 107. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act, including those derived from the Violent Crime Reduction 
Trust Fund, may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 108. In fiscal year 1999 and thereafter, the Director of the 
Bureau of Prisons is authorized to make expenditures out of the Federal 
Prison System's Commissary Fund, Federal Prisons, for the installation, 
operation, and maintenance of the inmate telephone system, including, 
without limitation, the payment of all the equipment purchased or 
leased in connection with the inmate telephone system and the salaries, 
benefits, and other expenses of personnel who install, operate and 
maintain the inmate telephone system, regardless of whether these 
expenditures are security related.
    Sec. 109. Section 524(c)(9)(B) of title 28, United States Code, is 
amended by striking ``1997'' and inserting ``1999''.
    Sec. 110. (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. 111. 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)).
    This title may be cited as the ``Department of Justice 
Appropriations Act, 1999''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of The United States Trade Representative

                         salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$24,000,000: 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, $44,200,000, 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 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; $284,123,000, 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 
$296,616,000 provided for in direct obligations (of which $282,523,000 
is appropriated from the General Fund, $1,600,0000 is derived from fee 
collections, and $12,493,000 is derived from unobligated balances and 
deobligations from prior years), $49,225,000 shall be for Trade 
Development, $17,779,000 shall be for Market Access and Compliance, 
$31,047,000 shall be for the Import Administration, $186,650,000 shall 
be for the United States and Foreign Commercial Service, and 
$11,915,000 shall be for Executive Direction and Administration: 
Provided further, That the provisions of the first sentence of section 
105(f) and all of section 108(c) of the Mutual Educational and Cultural 
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in 
carrying out these activities without regard to section 5412 of the 
Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and 
that for the purpose of this Act, contributions under the provisions of 
the Mutual Educational and Cultural Exchange Act shall include payment 
for assessments for services provided as part of these activities.

                         Export Administration

                     operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for services 
abroad; rental of space abroad for periods not exceeding ten years, and 
expenses of alteration, repair, or improvement; payment of tort claims, 
in the manner authorized in the first paragraph of 28 U.S.C. 2672 when 
such claims arise in foreign countries; not to exceed $15,000 for 
official representation expenses abroad; awards of compensation to 
informers under the Export Administration Act of 1979, and as 
authorized by 22 U.S.C. 401(b); purchase of passenger motor vehicles 
for official use and motor vehicles for law enforcement use with 
special requirement vehicles eligible for purchase without regard to 
any price limitation otherwise established by law; $47,777,000, to 
remain available until expended, of which $3,877,000 shall be for 
inspections and other activities related to national security: 
Provided, That the provisions of the first sentence of section 105(f) 
and all of section 108(c) of the Mutual Educational and Cultural 
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in 
carrying out these activities: Provided further, That payments and 
contributions collected and accepted for materials or services provided 
as part of such activities may be retained for use in covering the cost 
of such activities, and for providing information to the public with 
respect to the export administration and national security activities 
of the Department of Commerce and other export control programs of the 
United States and other governments: Provided further, That no funds 
may be obligated or expended for processing licenses for the export of 
satellites of United States origin (including commercial satellites and 
satellite components) to the People's Republic of China, unless, at 
least 15 days in advance, the Committees on Appropriations of the House 
and the Senate and other appropriate Committees of the Congress are 
notified of such proposed action.

                  Economic Development Administration

                economic development assistance programs

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

                         salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $25,000,000: 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.

                  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, $25,276,000.

                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, 
$48,000,000, 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, 
$140,147,000.

                     periodic censuses and programs

    For expenses necessary to conduct the decennial census, 
$951,936,000 to remain available until expended: Provided, That, of 
this amount, $475,968,000 shall not be available for obligation or 
expenditure until after March 31, 1999, and until the following shall 
have occurred: (1) not later than March 15, 1999, the President has 
submitted a request to release the funds, and such request shall 
include the President's estimate of the expenditures required for the 
completion of the decennial census; and (2) the Congress has enacted 
legislation making available the unobligated and unexpended funds: 
Provided further, That the Congress is required to take legislative 
action on such legislation not later than March 31, 1999.
    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, $155,951,000, 
to remain available until expended.

       National Telecommunications and Information Administration

                         salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $10,940,000, 
to remain available until expended: Provided, That, notwithstanding 31 
U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies 
for costs incurred in spectrum management, analysis, and operations, 
and related services and such fees shall be retained and used as 
offsetting collections for costs of such spectrum services, to remain 
available until expended: Provided further, That hereafter, 
notwithstanding any other provision of law, NTIA shall not authorize 
spectrum use or provide any spectrum functions pursuant to the NTIA 
Organization Act, 47 U.S.C. 902-903, to any Federal entity without 
reimbursement as required by NTIA for such spectrum management costs, 
and Federal entities withholding payment of such cost shall not use 
spectrum: Provided further, That the Secretary of Commerce is 
authorized to retain and use as offsetting collections all funds 
transferred, or previously transferred, from other Government agencies 
for all costs incurred in telecommunications research, engineering, and 
related activities by the Institute for Telecommunication Sciences of 
the NTIA, in furtherance of its assigned functions under this 
paragraph, and such funds received from other Government agencies shall 
remain available until expended.

    public telecommunications facilities, planning and construction

    For grants authorized by section 392 of the Communications Act of 
1934, as amended, $21,000,000, to remain available until expended as 
authorized by section 391 of the Act, as amended: Provided, That not to 
exceed $1,800,000, shall be available for program administration as 
authorized by section 391 of the Act: Provided further, That 
notwithstanding the provisions of section 391 of the Act, the prior 
year unobligated balances may be made available for grants for projects 
for which applications have been submitted and approved during any 
fiscal year.

                   information infrastructure grants

    For grants authorized by section 392 of the Communications Act of 
1934, as amended, $16,000,000, 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.

                      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, $653,526,000, to remain 
available until expended: Provided, That, of this amount, $653,526,000 
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 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 $653,526,000, the total amounts available 
to the Patent and Trademark Office shall be reduced accordingly: 
Provided further, That any amount received in excess of $653,526,000 in 
fiscal year 1999 shall remain available until expended, but shall not 
be available for obligation until October 1, 1999.
    In addition, upon enactment of legislation to increase fees 
collected pursuant to 35 U.S.C. 41, such fees shall be collected and 
credited to this account as offsetting collections and shall remain 
available until expended: Provided, That not to exceed $102,000,000 of 
such amounts collected shall be available for obligation in fiscal year 
1999 for purposes as authorized by law: Provided further, That any 
amount received in excess of $102,000,000 in fiscal year 1999 shall 
remain available until expended, but shall not be available for 
obligation until October 1, 1999.

                         Science and Technology

                       Technology Administration

       under secretary for technology/office of technology policy

                         salaries and expenses

    For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $9,000,000, of which not to exceed 
$1,000,000 shall remain available until September 30, 2000.

             National Institute of Standards and Technology

             scientific and technical research and services

    For necessary expenses of the National Institute of Standards and 
Technology, $280,470,000, to remain available until expended, of which 
not to exceed $1,800,000 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, 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 6 years and may be renewed 
for additional periods, not to exceed 1 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, 
$180,200,000, to remain available until expended, of which not to 
exceed $43,000,000 shall be available for the award of new grants, and 
of which not to exceed $500,000 may be transferred to the ``Working 
Capital Fund''.

                  construction of research facilities

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

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfer of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft; not to exceed 240 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; 
$1,470,042,000, to remain available until expended: Provided, That fees 
and donations received by the National Ocean Service for 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, $62,381,000 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, of the $1,578,933,000 
provided for in direct obligations under this heading (of which 
$1,470,042,000 is appropriated from the general fund, $74,895,000 is 
provided by transfer, and $33,996,000 is derived from unobligated 
balances and deobligations from prior years), $244,933,000 shall be for 
the National Ocean Service, $339,732,000 shall be for the National 
Marine Fisheries Service, $254,830,000 shall be for Oceanic and 
Atmospheric Research, $551,747,000 shall be for the National Weather 
Service, $104,232,000 shall be for the National Environmental 
Satellite, Data, and Information Service, $63,894,000 shall be for 
Program Support, $6,300,000 shall be for Fleet Maintenance, and 
$13,265,000 shall be for Facilities Maintenance: Provided further, 
That, not to exceed $31,069,000 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 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: Provided further, That not to 
exceed $77,843,000 shall be expended for central administrative support 
and common services not otherwise provided for under ``Program 
Support'' except in accordance with the procedures set forth in section 
605 of this Act: Provided further, That, except as provided for in the 
previous proviso, no additional administrative charge or other 
assessment shall be applied against any program, project, or activity 
for which funds are provided under this heading unless explicitly 
provided for in this Act: Provided further, That any use of deobligated 
balances of funds provided under this heading in previous years shall 
be subject to the procedures set forth in section 605 of this Act.

               procurement, acquisition and construction

                     (including transfer of funds)

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic 
and Atmospheric Administration, $538,439,000, to remain available until 
expended: Provided, That not to exceed $67,667,000 is available for the 
advanced weather interactive processing system, and may be available 
for obligation and expenditure only pursuant to a certification by the 
Secretary of Commerce that the total cost to complete the acquisition 
and deployment of the advanced weather interactive processing system 
through Build 4.2 and NOAA Port system, including program management, 
operations, and maintenance costs through deployment, will not exceed 
$71,790,000: Provided further, That unexpended balances of amounts 
previously made available in the ``Operations, Research, and 
Facilities'' account for activities funded under this heading may be 
transferred to and merged with this account, to remain available until 
expended for the purposes for which the funds were originally 
appropriated.

                      coastal zone management fund

    Of amounts collected pursuant to section 308 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $7,800,000, for 
purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 
315(e) of such Act.

                      fishermen's contingency fund

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

                     foreign fishing observer fund

    For expenses necessary to carry out the provisions of the Atlantic 
Tunas Convention Act of 1975, as amended (Public Law 96-339), and the 
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as 
amended (Public Law 100-627), 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, $238,000, 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, $28,900,000.

                      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 (5 U.S.C. App.), $21,400,000.

                      Patent and Trademark Office

                         salaries and expenses

                              (rescission)

    Of the unobligated balances available under this heading from prior 
year appropriations, fees collected in this fiscal year, and balances 
of prior year fees, $41,000,000 are rescinded.

            National Oceanic and Atmospheric Administration

               procurement, acquisition and construction

                              (rescission)

    Of the unobligated balances available under this heading, 
$5,000,000 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 only upon the certification 
of officials designated by the Secretary of Commerce that such payments 
are in the public interest.
    Sec. 202. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 203. None of the funds made available by this Act may be used 
to support the hurricane reconnaissance aircraft and activities that 
are under the control of the United States Air Force or the United 
States Air Force Reserve.
    Sec. 204. None of the funds provided in this or any previous Act, 
or hereinafter made available to the Department of Commerce, shall be 
available to reimburse the Unemployment Trust Fund or any other fund or 
account of the Treasury to pay for any expenses paid before October 1, 
1992, as authorized by section 8501 of title 5, United States Code, for 
services performed after April 20, 1990, by individuals appointed to 
temporary positions within the Bureau of the Census for purposes 
relating to the 1990 decennial census of population.
    Sec. 205. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 605 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 206. (a) Should legislation be enacted to dismantle or 
reorganize the Department of Commerce, or any portion thereof, the 
Secretary of Commerce, no later than 90 days thereafter, shall submit 
to the Committees on Appropriations of the House and the Senate a plan 
for transferring funds provided in this Act to the appropriate 
successor organizations: Provided, That the plan shall include a 
proposal for transferring or rescinding funds appropriated herein for 
agencies or programs terminated under such legislation: Provided 
further, That such plan shall be transmitted in accordance with section 
605 of this Act.
    (b) The Secretary of Commerce or the appropriate head of any 
successor organization 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 for the 
care and protection of loan collateral or grant property shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 605 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 208. The Secretary of Commerce may award contracts for 
hydrographic, geodetic, and photogrammetric surveying and mapping 
services in accordance with title IX of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
    Sec. 209. The Secretary of Commerce may use the Commerce franchise 
fund for expenses and equipment necessary for the maintenance and 
operation of such administrative services as the Secretary determines 
may be performed more advantageously as central services, pursuant to 
section 403 of Public Law 103-356: Provided, That any inventories, 
equipment, and other assets pertaining to the services to be provided 
by such fund, either on hand or on order, less the related liabilities 
or unpaid obligations, and any appropriations made for the purpose of 
providing capital shall be used to capitalize such fund: Provided 
further, That such fund shall be paid in advance from funds available 
to the Department and other Federal agencies for which such centralized 
services are performed, at rates which will return in full all expenses 
of operation, including accrued leave, depreciation of fund plant and 
equipment, amortization of automated data processing (ADP) software and 
systems (either acquired or donated), and an amount necessary to 
maintain a reasonable operating reserve, as determined by the 
Secretary: Provided further, That such fund shall provide services on a 
competitive basis: Provided further, That an amount not to exceed 4 
percent of the total annual income to such fund may be retained in the 
fund for fiscal year 1999 and each fiscal year thereafter, to remain 
available until expended, to be used for the acquisition of capital 
equipment, and for the improvement and implementation of Department 
financial management, ADP, and other support systems: Provided further, 
That such amounts retained in the fund for fiscal year 1999 and each 
fiscal year thereafter shall be available for obligation and 
expenditure only in accordance with section 605 of this Act: Provided 
further, That no later than 30 days after the end of each fiscal year, 
amounts in excess of this reserve limitation shall be deposited as 
miscellaneous receipts in the Treasury: Provided further, That such 
franchise fund pilot program shall terminate pursuant to section 403(f) 
of Public Law 103-356.
    Sec. 210. Section 101 of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1811) is amended--
            (1) in subsection (a), by inserting ``subsection (c) of 
        this section and'' after ``Except as provided in''; and
            (2) by adding at the end the following:
    ``(c) Exclusive State Fishery Management Authority in Gulf of 
Mexico.--Each of the States of Alabama, Louisiana, and Mississippi has 
exclusive fishery management authority over all fish in the Gulf of 
Mexico within 9 miles of the coast of that State.''.
    This title may be cited as the ``Department of Commerce and Related 
Agencies Appropriations Act, 1999''.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
purchase or hire, driving, maintenance, and operation of an automobile 
for the Chief Justice, not to exceed $10,000 for the purpose of 
transporting Associate Justices, and hire of passenger motor vehicles 
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
official reception and representation expenses; and for miscellaneous 
expenses, to be expended as the Chief Justice may approve; $31,095,000.

                    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 the Architect 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, $16,143,000.

               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 U.S.C. 
3109, and necessary expenses of the court, as authorized by law, 
$11,822,000.

    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, $2,848,329,000 (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, 
$60,000,000, 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).

                    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)); $67,000,000, 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); $174,100,000, of which not to exceed 
$10,000,000 shall remain available until expended for security systems, 
to be expended directly or transferred to the United States Marshals 
Service, which shall be responsible for administering elements of the 
Judicial Security Program consistent with standards or guidelines 
agreed to by the Director of the Administrative Office of the United 
States Courts and the Attorney General.

           Administrative Office of the United States Courts

                         salaries and expenses

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

                        Federal Judicial Center

                         salaries and expenses

    For necessary expenses of the Federal Judicial Center, as 
authorized by Public Law 90-219, $18,000,000; of which $1,800,000 shall 
remain available through September 30, 2000, to provide education and 
training to Federal court personnel; and of which not to exceed $1,000 
is authorized for official reception and representation expenses.

                       Judicial Retirement Funds

                    payment to judiciary trust funds

    For payment to the Judicial Officers' Retirement Fund, as 
authorized by 28 U.S.C. 377(o), $27,500,000; to the Judicial Survivors' 
Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,800,000; and to 
the United States Court of Federal Claims Judges' Retirement Fund, as 
authorized by 28 U.S.C. 178(l), $2,000,000.

                  United States Sentencing Commission

                         salaries and expenses

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $9,600,000, of which not 
to exceed $1,000 is authorized for official reception and 
representation expenses.

                   General Provisions--The Judiciary

    Sec. 301. Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 302. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 303. Notwithstanding any other provision of law, the salaries 
and expenses appropriation for district courts, courts of appeals, and 
other judicial services shall be available for official reception and 
representation expenses of the Judicial Conference of the United 
States: Provided, That such available funds shall not exceed $10,000 
and shall be administered by the Director of the Administrative Office 
of the United States Courts in the capacity as Secretary of the 
Judicial Conference.
    This title may be cited as ``The Judiciary Appropriations Act, 
1999''.

           TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including expenses authorized by 
the State Department Basic Authorities Act of 1956, as amended; 
representation to certain international organizations in which the 
United States participates pursuant to treaties, ratified pursuant to 
the advice and consent of the Senate, or specific Acts of Congress; 
acquisition by exchange or purchase of passenger motor vehicles as 
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c), and 22 U.S.C. 2674; and 
for expenses of general administration; $1,641,000,000: 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 notwithstanding any other provision of 
law, not to exceed $250,000,000 of offsetting collections derived from 
fees collected under the authority of section 140(a)(1) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236) during fiscal year 1999 shall be retained and used for 
authorized expenses in this appropriation and shall remain available 
until expended: Provided further, That any fees received in excess of 
$250,000,000 in fiscal year 1999 shall remain available until expended, 
but shall not be available for obligation until October 1, 1999.
    In addition, not to exceed $700,000 in registration fees collected 
pursuant to section 38 of the Arms Export Control Act, as amended, may 
be used in accordance with section 45 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2717); 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.
    In addition, for counterterrorism requirements overseas, including 
security guards and equipment, $25,700,000, to remain available until 
expended.

                         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, $365,235,000: 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.

                      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.), $28,000,000, 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), $4,200,000.

              protection of foreign missions and officials

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

           security and maintenance of united states missions

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926, as amended (22 U.S.C. 292-300), preserving, 
maintaining, repairing, and planning for, buildings that are owned or 
directly leased by the Department of State, 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), $396,000,000, 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.

              payment to the american institute in taiwan

    For necessary expenses to carry out the Taiwan Relations Act, 
Public Law 96-8, $15,000,000.

     payment to the foreign service retirement and disability fund

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

              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, $915,000,000: 
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.

        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, $220,000,000: 
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.

                           arrearage payments

    For an additional amount for payment of arrearages to meet 
obligations of membership in the United Nations, and to pay assessed 
expenses of international peacekeeping activities, $475,000,000, to 
remain available until expended: Provided, That none of the funds 
appropriated or otherwise made available by this Act 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 by this Act 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.

                       International Commissions

    For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or specific 
Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

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

                         salaries and expenses

    For salaries and expenses, not otherwise provided for, $18,490,000.

                              construction

    For detailed plan preparation and construction of authorized 
projects, $7,000,000, 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; 
$5,490,000, of which not to exceed $9,000 shall be available for 
representation expenses incurred by the International Joint Commission.

                  international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $14,490,000: 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)).

                            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)); $457,146,000: Provided, That not to exceed 
$1,400,000 may be used for representation abroad as authorized by 
section 302 of such Act of 1948 (22 U.S.C. 1452) and section 905 of the 
Foreign Service Act of 1980 (22 U.S.C. 4085): Provided further, That 
not to exceed $6,000,000, to remain available until expended, may be 
credited to this appropriation from fees or other payments received 
from or in connection with English teaching, library, motion pictures, 
and publication programs as authorized by section 810 of such Act of 
1948 (22 U.S.C. 1475e) and, notwithstanding any other law, fees from 
educational advising and counseling, and exchange visitor program 
services: Provided further, That not to exceed $920,000, to remain 
available until expended, may be used to carry out projects involving 
security construction and related improvements for agency facilities 
not physically located together with Department of State facilities 
abroad.

               educational and cultural exchange programs

    For expenses of educational and cultural exchange programs, as 
authorized by the Mutual Educational and Cultural Exchange Act of 1961, 
as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 
1977 (91 Stat. 1636), $200,000,000, 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 Exchange Act of 1948 (22 U.S.C. 1475e) and, 
notwithstanding any other provision of law, fees from educational 
advising and counseling.

           eisenhower exchange fellowship program trust fund

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

                    israeli arab scholarship program

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

                 international broadcasting operations

    For expenses necessary to enable the United States Information 
Agency, as authorized by the United States Information and Educational 
Exchange Act of 1948, as amended, the Radio Broadcasting to Cuba Act, 
as amended, the Television Broadcasting to Cuba Act, the United States 
International Broadcasting Act of 1994, as amended, and Reorganization 
Plan No. 2 of 1977, to carry out international communication 
activities, including the purchase, installation, rent, construction, 
and improvement of facilities for radio and television transmission and 
reception to Cuba; $383,957,000, 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.

                           radio construction

    For the purchase, rent, construction, and improvement of facilities 
for radio transmission and reception, and purchase and installation of 
necessary equipment for radio and television transmission and reception 
as authorized by section 801 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1471), $25,308,000, to 
remain available until expended, as authorized by section 704(a) of 
such Act of 1948 (22 U.S.C. 1477b(a)).

                    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 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)(1) 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''.
    (2) 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.''.
    (b)(1) Effective on the date of enactment of this Act, the Japan-
United States Friendship Commission shall be redesignated as the 
``United States-Japan Commission''. Any reference in any provision of 
law, Executive order, regulation, delegation of authority, or other 
document to the Japan-United States Friendship Commission shall be 
considered to be a reference to the United States-Japan Commission.
    (2) The heading of section 4 of the Japan-United States Friendship 
Act (22 U.S.C. 2903) is amended to read as follows:

                  ``united states-japan commission''.

    (3) The Japan-United States Friendship Act is amended by striking 
``Japan-United States Friendship Commission'' each place such term 
appears and inserting ``United States-Japan Commission''.
    (c)(1) Effective on the date of enactment of this Act, the Japan-
United States Friendship Trust Fund shall be redesignated as the 
``United States-Japan Trust Fund''. Any reference in any provision of 
law, Executive order, regulation, delegation of authority, or other 
document to the Japan-United States Friendship Trust Fund shall be 
considered to be a reference to the United States-Japan Trust Fund.
    (2) Section 3(a) of the Japan-United States Friendship Act (22 
U.S.C. 2902(a)) is amended by striking ``Japan-United States Friendship 
Trust Fund'' and inserting ``United States-Japan Trust Fund''.
    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 terms under paragraph 
        (2) of subsection (a) (applied disregarding the parenthetical 
        matter before subparagraph (A) thereof); and
            ``(B) such special agent satisfies the requirements of 
        subsection (d) without taking into account any hours described 
        in paragraph (2)(B) thereof.
    ``(2) In applying subsection (h) with respect to a special agent 
under this subsection--
            ``(A) any reference in such subsection to `basic pay' shall 
        be considered to include amounts designated as `salary';
            ``(B) paragraph (2)(A) of such subsection shall be 
        considered to include (in addition to the provisions of law 
        specified therein) sections 609(b)(1), 805, 806, and 856 of the 
        Foreign Service Act of 1980; and
            ``(C) paragraph (2)(B) of such subsection shall be applied 
        by substituting for `Office of Personnel Management' the 
        following: `Office of Personnel Management or the Secretary of 
        State (to the extent that matters exclusively within the 
        jurisdiction of the Secretary are concerned)'.''.
    (b) Not later than the date on which the amendments made by this 
section take effect, each special agent of the Diplomatic Security 
Service who satisfies the requirements of subsection (k)(1) of section 
5545a of title 5, United States Code, as amended by this section, and 
the appropriate supervisory officer, to be designated by the Secretary 
of State, shall make an initial certification to the Secretary of State 
that the special agent is expected to meet the requirements of 
subsection (d) of such section 5545a. The Secretary of State may 
prescribe procedures necessary to administer this subsection.
    (c)(1) Paragraph (2) of section 5545a(a) of title 5, United States 
Code, is amended (in the matter before subparagraph (A)) by striking 
``Public Law 99-399)'' and inserting ``Public Law 99-399, subject to 
subsection (k))''.
    (2) Section 5542(e) of such title is amended by striking ``title 
18, United States Code,'' and inserting ``title 18 or section 37(a)(3) 
of the State Department Basic Authorities Act of 1956,''.
    (d) The amendments made by this section shall take effect on the 
first day of the first applicable pay period--
            (1) which begins on or after the 90th day following the 
        date of the enactment of this Act; and
            (2) on which date all regulations necessary to carry out 
        such amendments are (in the judgment of the Director of the 
        Office of Personnel Management and the Secretary of State) in 
        effect.
    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, $97,650,000, to remain available until expended.

                        operations and training

    For necessary expenses of operations and training activities 
authorized by law, $67,600,000.

          maritime guaranteed loan (title xi) program account

    For the cost of guaranteed loans, as authorized by the Merchant 
Marine Act, 1936, $16,000,000, 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 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, $280,000, 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, $8,740,000: 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 $28,000,000 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; 
$260,500,000: Provided, That the Commission is authorized to make 
available for official reception and representation expenses not to 
exceed $2,500 from available funds.

                   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; $181,514,000, 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 $8,991,000: 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: Provided further, That none of the 
funds provided in this account shall be used for expenses for rental of 
headquarters space at the Portals II building assessed by the General 
Services Administration, or for any relocation expenses, until such 
time as ongoing investigations by the Congress and the Department of 
Justice determine that the lease agreement was lawfully entered into by 
the parties involved.

                      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 App. U.S.C. 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; $14,000,000: 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; $80,490,000: 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 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 $3,990,000, to remain 
available until expended: Provided further, That any fees received in 
excess of $76,500,000 in fiscal year 1999 shall remain available until 
expended, but shall not be available for obligation until October 1, 
1999: Provided further, That none of the funds made available to the 
Federal Trade Commission shall be available for obligation for expenses 
authorized by section 151 of the Federal Deposit Insurance Corporation 
Improvement Act of 1991 (Public Law 102-242, 105 Stat. 2282-2285).

                       Legal Services Corporation

               payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, as amended, 
$141,000,000, of which $134,575,000 is for basic field programs and 
required independent audits; $1,125,000 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 $5,300,000 is for 
management and administration.

          administrative provision--legal services corporation

    Sec. 501. 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.

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

                     Small Business Administration

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 103-403, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and 
representation expenses, $246,750,000: 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 $78,800,000 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.), $11,300,000.

                     business loans program account

    For the cost of direct loans, $2,000,000, to be available until 
expended; and for the cost of guaranteed loans, $132,540,000, 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: 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 financing 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 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, $100,000,000, 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.
    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.

                 surety bond guarantees revolving fund

    For additional capital for the ``Surety Bond Guarantees Revolving 
Fund'', authorized by the Small Business Investment Act, as amended, 
$3,300,000, to remain available without fiscal year limitation as 
authorized by 15 U.S.C. 631 note.

        administrative provision--small business administration

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

                        State Justice Institute

                         salaries and expenses

    For necessary expenses of the State Justice Institute, as 
authorized by the State Justice Institute Authorization Act of 1992 
(Public Law 102-572 (106 Stat. 4515-4516)), $6,850,000, to remain 
available until expended: Provided, That not to exceed $2,500 shall be 
available for official reception and representation expenses.

                      TITLE VI--GENERAL PROVISIONS

    Sec. 601. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 602. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 603. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available 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 fifteen 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 fifteen 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 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.
    Sec. 611. None of the funds made available in this Act shall be 
used to provide the following amenities or personal comforts in the 
Federal prison system--
             (1) in-cell television viewing except for prisoners who 
        are segregated from the general prison population for their own 
        safety;
             (2) the viewing of R, X, and NC-17 rated movies, through 
        whatever medium presented;
             (3) any instruction (live or through broadcasts) or 
        training equipment for boxing, wrestling, judo, karate, or 
        other martial art, or any bodybuilding or weightlifting 
        equipment of any sort;
             (4) possession of in-cell coffee pots, hot plates or 
        heating elements; or
             (5) the use or possession of any electric or electronic 
        musical instrument.
    Sec. 612. None of the funds made available in title II for the 
National Oceanic and Atmospheric Administration (NOAA) under the 
headings ``Operations, Research, and Facilities'' and ``Procurement, 
Acquisition and Construction'' may be used to implement sections 603, 
604, and 605 of Public Law 102-567.
    Sec. 613. Any costs incurred by a department or agency funded under 
this Act resulting from personnel actions taken in response to funding 
reductions included in this Act shall be absorbed within the total 
budgetary resources available to such department or agency: Provided, 
That the authority to transfer funds between appropriations accounts as 
may be necessary to carry out this section is provided in addition to 
authorities included elsewhere in this Act: Provided further, That use 
of funds to carry out this section shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
    Sec. 614. None of the funds made available in this Act to the 
Federal Bureau of Prisons may be used to distribute or make available 
any commercially published information or material to a prisoner when 
it is made known to the Federal official having authority to obligate 
or expend such funds that such information or material is sexually 
explicit or features nudity.
    Sec. 615. Of the funds appropriated in this Act under the heading 
``Office of Justice Programs--State and Local Law Enforcement 
Assistance'', not more than 90 percent of the amount to be awarded to 
an entity under the Local Law Enforcement Block Grant shall be made 
available to such an entity when it is made known to the Federal 
official having authority to obligate or expend such funds that the 
entity that employs a public safety officer (as such term is defined in 
section 1204 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968) does not provide such a public safety officer who retires 
or is separated from service due to injury suffered as the direct and 
proximate result of a personal injury sustained in the line of duty 
while responding to an emergency situation or a hot pursuit (as such 
terms are defined by State law) with the same or better level of health 
insurance benefits at the time of retirement or separation as they 
received while on duty.
    Sec. 616. (a) None of the funds made available in this Act may be 
used to issue or renew a fishing permit or authorization for any 
fishing vessel of the United States greater than 165 feet in registered 
length or of more than 750 gross registered tons, and that has an 
engine or engines capable of producing a total of more than 3,000 shaft 
horsepower--
             (1) as specified in the permit application required under 
        part 648.4(a)(5) of title 50, Code of Federal Regulations, part 
        648.12 of title 50, Code of Federal Regulations, and the 
        authorization required under part 648.80(d)(2) of title 50, 
        Code of Federal Regulations, to engage in fishing for Atlantic 
        mackerel or herring (or both) under the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 et 
        seq.); or
             (2) that would allow such a vessel to engage in the 
        catching, taking, or harvesting of fish in any other fishery 
        within the exclusive economic zone of the United States (except 
        territories), unless a certificate of documentation had been 
        issued for the vessel and endorsed with a fishery endorsement 
        that was effective on September 25, 1997, and such fishery 
        endorsement was not surrendered at any time thereafter.
     (b) Any fishing permit or authorization issued or renewed prior to 
the date of the enactment of this Act for a fishing vessel to which the 
prohibition in subsection (a)(1) applies that would allow such vessel 
to engage in fishing for Atlantic mackerel or herring (or both) during 
fiscal year 1999 shall be null and void, and none of the funds made 
available in this Act may be used to issue a fishing permit or 
authorization that would allow a vessel whose permit or authorization 
was made null and void pursuant to this subsection to engage in the 
catching, taking, or harvesting of fish in any other fishery within the 
exclusive economic zone of the United States.
    Sec. 617. None of the funds provided by this Act shall be available 
to promote the sale or export of tobacco or tobacco products, or to 
seek the reduction or removal by any foreign country of restrictions on 
the marketing of tobacco or tobacco products, except for restrictions 
which are not applied equally to all tobacco or tobacco products of the 
same type.
    Sec. 618. None of the funds made available in this Act may be used 
to pay the expenses of an election officer appointed by a court to 
oversee an election of any officer or trustee for the International 
Brotherhood of Teamsters.
    Sec. 619. The Federal Communications Commission shall reinstate the 
license of radio station WXEE, 1340 AM, of Welch, West Virginia, 
notwithstanding the expiration of such license on February 1, 1998, 
pursuant to section 312(g) of the Communications Act of 1934 (47 U.S.C. 
312(g)).

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund

                              (rescission)

    Of the unobligated balances available under this heading on 
September 30, 1998, $45,326,000 are rescinded.

                            Legal Activities

                   united states trustee system fund

                              (rescission)

    Of the unobligated balances available from offsetting collections 
derived from fees collected pursuant to 28 U.S.C. 589a(b), $17,000,000 
are rescinded.

                    TITLE VIII--CITIZENS PROTECTION

                              short title

    Sec. 801. This title may be cited as the ``Citizens Protection Act 
of 1998''.

                             interpretation

    Sec. 802. As used in this title and the amendments made by this 
title, the term ``employee'' includes an attorney, investigator, or 
other employee of the Department of Justice as well as an attorney, 
investigator, or accountant, acting under the authority of the 
Department of Justice.

         Subtitle A--Ethical Standards for Federal Prosecutors

               ethical standards for federal prosecutors

    Sec. 811. (a) In General.--Chapter 31 of title 28, United States 
Code, is amended by adding at the end the following:

          ``ethical standards for attorneys for the government

    ``Sec. 530B. (a) An attorney for the Government shall be subject to 
State laws and rules, and local Federal court rules, governing 
attorneys in each State where such attorney engages in that attorney's 
duties, to the same extent and in the same manner as other attorneys in 
that State.
    ``(b) The Attorney General shall make and amend rules of the 
Department of Justice to assure compliance with this section.
    ``(c) As used in this section, the term `attorney for the 
Government' includes any attorney described in section 77.2(a) of part 
77 of title 28 of the Code of Federal Regulations.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``530B. Ethical standards for attorneys for the Government.''.

                     Subtitle B--Punishable Conduct

                           punishable conduct

    Sec. 821. (a) Violations.--The Attorney General shall establish, by 
plain rule, that it shall be punishable conduct for any Department of 
Justice employee to--
            (1) in the absence of probable cause seek the indictment of 
        any person;
            (2) fail promptly to release information that would 
        exonerate a person under indictment;
            (3) intentionally mislead a court as to the guilt of any 
        person;
            (4) intentionally or knowingly misstate evidence;
            (5) intentionally or knowingly alter evidence;
            (6) attempt to influence or color a witness' testimony;
            (7) act to frustrate or impede a defendant's right to 
        discovery;
            (8) offer or provide sexual activities to any government 
        witness or potential witness;
            (9) leak or otherwise improperly disseminate information to 
        any person during an investigation; or
            (10) engage in conduct that discredits the Department.
    (b) Penalties.--The Attorney General shall establish penalties for 
engaging in conduct described in subsection (a) that shall include--
            (1) probation;
            (2) demotion;
            (3) dismissal;
            (4) referral of ethical charges to the bar;
            (5) loss of pension or other retirement benefits;
            (6) suspension from employment; and
            (7) referral of the allegations, if appropriate, to a grand 
        jury for possible criminal prosecution.

                               complaints

    Sec. 822. (a) Written Statement.--A person who believes that an 
employee of the Department of Justice has engaged in conduct described 
in section 821(a) may submit a written statement, in such form as the 
Attorney General may require, describing the alleged conduct.
    (b) Preliminary Investigation.--Not later than 30 days after 
receipt of a written statement submitted under subsection (a), the 
Attorney General shall conduct a preliminary investigation and 
determine whether the allegations contained in such written statement 
warrant further investigation.
    (c) Investigation and Penalty.--If the Attorney General determines 
after conducting a preliminary investigation under subsection (a) that 
further investigation is warranted, the Attorney General shall within 
90 days further investigate the allegations and, if the Attorney 
General determines that a preponderance of the evidence supports the 
allegations, impose an appropriate penalty.

                        misconduct review board

    Sec. 823. (a) Establishment.--There is established as an 
independent establishment a board to be known as the ``Misconduct 
Review Board'' (hereinafter in this title referred to as the 
``Board'').
    (b) Membership.--The Board shall consist of--
            (1) three voting members appointed by the President, one of 
        whom the President shall designate as Chairperson;
            (2) two non-voting members appointed by the Speaker of the 
        House of Representatives, one of whom shall be a Republican and 
        one of whom shall be a Democrat; and
            (3) two non-voting members appointed by the Majority Leader 
        of the Senate, one of whom shall be a Republican and one of 
        whom shall be a Democrat.
    (c) Non-Voting Members Serve Advisory Role Only.--The non-voting 
members shall serve on the Board in an advisory capacity only and shall 
not take part in any decisions of the Board.
    (d) Submission of Written Statement to Board.--If the Attorney 
General makes no determination pursuant to section 822(b) or imposes no 
penalty under section 822(c), a person who submitted a written 
statement under section 822(a) may submit such written statement to the 
Board.
    (e) Review of Attorney General Determination.--The Board shall 
review all determinations made by the Attorney General under sections 
822(b) or 822(c).
    (f) Board Investigation.--In reviewing a determination with respect 
to a written statement under subsection (e), or a written statement 
submitted under subsection (d), the Board may investigate the 
allegations made in the written statement as the Board considers 
appropriate.
    (g) Subpoena Power.--
            (1) In general.--The Board may issue subpoenas requiring 
        the attendance and testimony of witnesses and the production of 
        any evidence relating to any matter under investigation by the 
        Board. The attendance of witnesses and the production of 
        evidence may be required from any place within the United 
        States.
            (2) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued under paragraph (1), the Board may apply 
        to a United States district court for an order requiring that 
        person to appear before the Board to give testimony, produce 
        evidence, or both, relating to the matter under investigation. 
        The application may be made within the judicial district where 
        the hearing is conducted or where that person is found, 
        resides, or transacts business. Any failure to obey the order 
        of the court may be punished by the court as civil contempt.
            (3) Service of subpoenas.--The subpoenas of the Board shall 
        be served in the manner provided for subpoenas issued by a 
        United States district court under the Federal Rules of Civil 
        Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which 
        application is made under paragraph (2) may be served in the 
        judicial district in which the person required to be served 
        resides or may be found.
    (h) Meetings.--The Board shall meet at the call of the Chairperson 
or a majority of its voting members. All meetings shall be open to the 
public. The Board is authorized to sit where the Board considers most 
convenient given the facts of a particular complaint, but shall give 
due consideration to conducting its activities in the judicial district 
where the complainant resides.
    (i) Decisions.--Decisions of the Board shall be made by majority 
vote of the voting members.
    (j) Authority To Impose Penalty.--After conducting such independent 
review and investigation as it deems appropriate, the Board by a 
majority vote of its voting members may impose a penalty, including 
dismissal, as provided in section 821(b) as it considers appropriate.
    (k) Compensation.--
            (1) Prohibition of compensation of federal employees.--
        Members of the Board who are full-time officers or employees of 
        the United States, including Members of Congress, may not 
        receive additional pay, allowances, or benefits by reason of 
        their service on the Board.
            (2) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
    (l) Experts and Consultants.--The Board may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code, but at rates for individuals not to exceed $200 per day.
    (m) Staff of Federal Agencies.--Upon request of the Chairperson, 
the head of any Federal department or agency may detail, on a 
reimbursable basis, any of the personnel of that department or agency 
to the Board to assist it in carrying out its duties under this title.
    (n) Obtaining Official Data.--The Board may secure directly from 
any department or agency of the United States information necessary to 
enable it to carry out this title. Upon request of the Chairperson of 
the Board, the head of that department or agency shall furnish that 
information to the Board.
    (o) Mails.--The Board may use the United States mails in the same 
manner and under the same conditions as other departments and agencies 
of the United States.
    (p) Administrative Support Services.--Upon the request of the 
Board, the Administrator of General Services shall provide to the 
Board, on a reimbursable basis, the administrative support services 
necessary for the Board to carry out its responsibilities under this 
title.
    (q) Contract Authority.--The Board may contract with and compensate 
government and private agencies or persons for services, without regard 
to section 3709 of the Revised Statutes (41 U.S.C. 5).
    This Act may be cited as the ``Departments of Commerce, Justice, 
and State, and Judiciary, and Related Agencies Appropriations Act, 
1999''.