[Congressional Record Volume 144, Number 108 (Tuesday, August 4, 1998)]
[House]
[Pages H7148-H7159]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, AND JUDICIARY, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 1999

  The SPEAKER pro tempore. Pursuant to House Resolution 508 and rule 
XXIII, the Chair declares the House in the Committee of the Whole House 
on

[[Page H7149]]

the State of the Union for the further consideration of the bill, H.R. 
4276.

                              {time}  2111


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 4276) 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, with Mr. 
Hastings of Washington in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. When the Committee of the Whole House rose earlier 
today, the amendment of the gentlewoman from Texas (Ms. Jackson-Lee) 
had been disposed of.
  Pursuant to the order of the House of earlier today, the remainder of 
the bill through title 6 is considered as read.
  The text of the remainder of the bill through title 6 is as follows:
       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

[[Page H7150]]

     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

[[Page H7151]]

     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

[[Page H7152]]

     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

[[Page H7153]]

     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

[[Page H7154]]

     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

[[Page H7155]]

     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

[[Page H7156]]

     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

[[Page H7157]]

     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

[[Page H7158]]

     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)).
  The CHAIRMAN. No amendment is in order except the amendments stated 
in order of the House, which shall be considered as read, shall not be 
subject to amendment or to a demand for a division of the House of the 
question in the House or in the Committee of the Whole, and shall be 
debatable for the time specified in the order of the House, equally 
divided and controlled by a proponent and a Member opposed thereto.


          Sequential Votes Postponed In Committee of the Whole

  The CHAIRMAN. Pursuant to House Resolution 508, proceedings will now 
resume on those amendments on which further proceedings were postponed 
in the following order:
  The amendment offered by the gentleman from Indiana (Mr. Souder); the 
amendment No. 10 offered by the gentleman from New Hampshire (Mr. 
Bass); the amendment No. 9 offered by the gentleman from Virginia (Mr. 
Scott); the amendment offered by the gentleman from Minnesota (Mr. 
Gutknecht); and the amendment offered by the gentlewoman from Colorado 
(Ms. DeGette).
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


                    Amendment Offered by Mr. Souder

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from Indiana (Mr. Souder) on 
which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will designate the amendment.
  The Clerk designated the amendment.
  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 91, 
noes 327, not voting 16, as follows:

                             [Roll No. 383]

                                AYES--91

     Armey
     Bachus
     Ballenger
     Barr
     Barrett (NE)
     Barton
     Bateman
     Blunt
     Boehner
     Burton
     Camp
     Canady
     Cannon
     Chabot
     Christensen
     Coble
     Coburn
     Cox
     Crane
     Cubin
     Davis (FL)
     Deal
     DeLay
     Doggett
     Doolittle
     Ehrlich
     Fawell
     Foley
     Fowler
     Fox
     Gilman
     Goss
     Gutknecht
     Hall (TX)
     Hastert
     Hayworth
     Hefley
     Hobson
     Hoekstra
     Hostettler
     Hunter
     Inglis
     Istook
     Johnson, Sam
     Kasich
     Kolbe
     Largent
     Leach
     Manzullo
     McCollum
     McIntosh
     McKeon
     Miller (FL)
     Myrick
     Neumann
     Paul
     Paxon
     Pease
     Pitts
     Portman
     Pryce (OH)
     Ramstad
     Riggs
     Rogan
     Rohrabacher
     Roukema
     Royce
     Ryun
     Salmon
     Sanford
     Scarborough
     Schaefer, Dan
     Schaffer, Bob
     Sensenbrenner
     Sessions
     Shadegg
     Smith (MI)
     Smith, Linda
     Snowbarger
     Solomon
     Souder
     Stearns
     Stump
     Sununu
     Talent
     Tauzin
     Thornberry
     Tiahrt
     Upton
     Weldon (FL)
     Wolf

                               NOES--327

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Andrews
     Baesler
     Baker
     Baldacci
     Barcia
     Barrett (WI)
     Bartlett
     Bass
     Becerra
     Bentsen
     Bereuter
     Berman
     Berry
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Bliley
     Blumenauer
     Boehlert
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Bunning
     Burr
     Buyer
     Callahan
     Calvert
     Campbell
     Capps
     Cardin
     Carson
     Castle
     Chambliss
     Chenoweth
     Clayton
     Clement
     Clyburn
     Collins
     Combest
     Condit
     Cook
     Cooksey
     Costello
     Coyne
     Cramer
     Crapo
     Cummings
     Danner
     Davis (IL)
     Davis (VA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Dooley
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emerson
     Engel
     English
     Ensign
     Eshoo
     Etheridge
     Evans
     Everett
     Ewing
     Farr
     Fattah
     Fazio
     Filner
     Forbes
     Ford
     Fossella
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Furse
     Gallegly
     Ganske
     Gejdenson
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Goode
     Goodlatte
     Goodling
     Gordon
     Graham
     Granger
     Green
     Greenwood
     Gutierrez
     Hall (OH)
     Hamilton
     Hansen
     Harman
     Hastings (FL)
     Hastings (WA)
     Hefner
     Herger
     Hill
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Holden
     Hooley
     Horn
     Houghton
     Hoyer
     Hulshof
     Hutchinson
     Hyde
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (WI)
     Johnson, E. B.
     Jones
     Kanjorski
     Kaptur
     Kelly
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kim
     Kind (WI)
     King (NY)
     Kingston
     Kleczka
     Klink
     Klug
     Knollenberg
     Kucinich
     LaFalce
     LaHood
     Lampson
     Lantos
     Latham
     LaTourette
     Lazio
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     Livingston
     LoBiondo
     Lofgren
     Lowey
     Lucas
     Luther
     Maloney (CT)
     Maloney (NY)

[[Page H7159]]


     Manton
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (NY)
     McCrery
     McDermott
     McGovern
     McHale
     McHugh
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Metcalf
     Mica
     Miller (CA)
     Minge
     Mink
     Mollohan
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Nadler
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Packard
     Pallone
     Pappas
     Parker
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickett
     Pombo
     Pomeroy
     Porter
     Poshard
     Price (NC)
     Quinn
     Radanovich
     Rahall
     Rangel
     Redmond
     Regula
     Reyes
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogers
     Ros-Lehtinen
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Schumer
     Scott
     Serrano
     Shaw
     Shays
     Sherman
     Shimkus
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slaughter
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Smith, Adam
     Snyder
     Spence
     Spratt
     Stabenow
     Stenholm
     Stokes
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thompson
     Thune
     Thurman
     Tierney
     Torres
     Traficant
     Turner
     Velazquez
     Vento
     Visclosky
     Walsh
     Wamp
     Waters
     Watkins
     Watt (NC)
     Watts (OK)
     Waxman
     Weldon (PA)
     Weller
     Wexler
     Weygand
     White
     Whitfield
     Wicker
     Wilson
     Wise
     Woolsey
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--16

     Archer
     Clay
     Conyers
     Cunningham
     Gonzalez
     Kilpatrick
     McCarthy (MO)
     McDade
     McInnis
     Millender-McDonald
     Moakley
     Oxley
     Pickering
     Stark
     Towns
     Yates

                              {time}  2131

  Messrs. BASS, ORTIZ, CRAPO, GREENWOOD, and KLECZKA changed their vote 
from ``aye'' to ``no.''
  Messrs. BURTON of Indiana, INGLIS of South Carolina, and STUMP 
changed their vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                          PERSONAL EXPLANATION

  Ms. MILLENDER-McDONALD. Mr. Chairman, during rollcall vote No. 383 on 
(Souder Amendment) H.R. 4276 I was unavoidably detained. Had I been 
present, I would have voted ``no.''

                          ____________________