HR 4276 PP
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 plan-
ning 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 appro-
priated in this paragraph shall be available for acquisition
of furniture and furnishings and generators for other de-
partments 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 Diplo-
matic 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 De-
partment Basic Authorities Act of 1956 (22 U.S.C.
2696(c)), of which not to exceed $1,000,000 may be trans-
HR 4276 PP
ferred to and merged with the Repatriation Loans Pro-
gram 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 de-
fined 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 Ex-
penses account under Administration of Foreign Affairs.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Rela-
tions 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, conven-
HR 4276 PP
tions or specific Acts of Congress, $915,000,000 (reduced
by $1,000,000): Provided, That any payment of arrear-
ages shall be directed toward special activities that are
mutually agreed upon by the United States and the re-
spective international organization: Provided further, That
none of the funds appropriated in this paragraph shall be
available for a United States contribution to an inter-
national organization for the United States share of inter-
est costs made known to the United States Government
by such organization for loans incurred on or after Octo-
ber 1, 1984, through external borrowings: Provided fur-
ther, That, of the funds appropriated in this paragraph,
$100,000,000 may be made available only on a semi-an-
nual 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 identify-
ing an offsetting decrease during that 6-month period else-
where in the United Nations budget and cause the United
Nations to exceed the expected reform budget for the bien-
nium 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 ‘‘Inter-
national Conferences and Contingencies’’ account for
United States contributions to the Comprehensive Nuclear
HR 4276 PP
Test Ban Treaty Preparatory Commission, except that
such transferred funds may be obligated or expended only
for Commission meetings and sessions, provisional tech-
nical secretariat salaries and expenses, other Commission
administrative and training activities, including purchase
of training equipment, and upgrades to existing inter-
nationally based monitoring systems involved in coopera-
tive 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 ex-
penses 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 ex-
pended for any new or expanded United Nations peace-
keeping mission unless, at least 15 days in advance of vot-
ing 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
HR 4276 PP
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 fol-
lowed, setting forth the source of funds that will be used
to pay for the cost of the new or expanded mission: Pro-
vided further, That funds shall be available for peacekeep-
ing 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 op-
portunities to provide equipment, services, and material
for United Nations peacekeeping activities equal to those
being given to foreign manufacturers and suppliers.
ARREARAGE PAYMENTS
For an additional amount for payment of arrearages
to meet obligations of membership in the United Nations,
and to pay assessed expenses of international peacekeep-
ing activities, $475,000,000, to remain available until ex-
pended: Provided, That none of the funds appropriated or
otherwise made available by this Act for payment of ar-
rearages may be obligated or expended unless such obliga-
tion or expenditure is expressly authorized by law: Pro-
vided further, That none of the funds appropriated or oth-
erwise made available by this Act for payment of arrear-
ages may be obligated or expended until such time as the
share of the total of all assessed contributions for the reg-
HR 4276 PP
ular budget of the United Nations does not exceed 22 per-
cent for any single United Nations member, and the share
of the budget for each assessed United Nations peacekeep-
ing 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 appli-
cable 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 au-
thorized projects, $7,000,000, to remain available until ex-
pended, as authorized by section 24(c) of the State De-
partment Basic Authorities Act of 1956 (22 U.S.C.
2696(c)).
HR 4276 PP
RELATED AGENCIES
ARMS CONTROL AND DISARMAMENT AGENCY
ARMS CONTROL AND DISARMAMENT ACTIVITIES
For necessary expenses not otherwise provided, for
arms control, nonproliferation, and disarmament activi-
ties, $41,500,000, of which not to exceed $50,000 shall
be for official reception and representation expenses as au-
thorized 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 au-
thorized by the Mutual Educational and Cultural Ex-
change 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 au-
thorized by law, including employment, without regard to
civil service and classification laws, of persons on a tem-
porary basis (not to exceed $700,000 of this appropria-
tion), as authorized by section 801 of such Act of 1948
(22 U.S.C. 1471), and entertainment, including official re-
HR 4276 PP
ceptions, 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 ex-
ceed $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 pro-
grams 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 ex-
change visitor program services: Provided further, That
not to exceed $920,000, to remain available until ex-
pended, may be used to carry out projects involving secu-
rity construction and related improvements for agency fa-
cilities 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
HR 4276 PP
Stat. 1636), $200,000,000, to remain available until ex-
pended 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 coun-
seling.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST
FUND
For necessary expenses of Eisenhower Exchange Fel-
lowships, 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 avail-
able until expended: Provided, That none of the funds ap-
propriated 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 accord-
ance with OMB Circulars A–110 (Uniform Administrative
Requirements) and A–122 (Cost Principles for Non-Profit
HR 4276 PP
Organizations), including the restrictions on compensation
for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholar-
ship 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 amend-
ed, the Television Broadcasting to Cuba Act, the United
States International Broadcasting Act of 1994, as amend-
ed, and Reorganization Plan No. 2 of 1977, to carry out
international communication activities, including the pur-
chase, installation, rent, construction, and improvement of
facilities for radio and television transmission and recep-
tion 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
HR 4276 PP
905 of the Foreign Service Act of 1980 (22 U.S.C. 4085),
and not to exceed $39,000 may be used for official recep-
tion 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 ex-
ceed $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 improve-
ment 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 Edu-
cational
Exchange
Act
of
1948
(22
U.S.C.
1471),
$25,308,000 (reduced by $9,000,000), 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 au-
HR 4276 PP
thorized 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 pursu-
ant to section 1343(b) of title 31, United States Code.
SEC. 402. Not to exceed 5 percent of any appropria-
tion made available for the current fiscal year for the De-
partment of State in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That not
to exceed 5 percent of any appropriation made available
for the current fiscal year for the United States Informa-
tion Agency in this Act may be transferred between such
appropriations, but no such appropriation, except as oth-
erwise 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
HR 4276 PP
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 sec-
tion 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 employ-
ee’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 Depart-
ment of State, the United States Information Agen-
cy, the United States Agency for International De-
velopment, 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
HR 4276 PP
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 pur-
poses 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 obliga-
tions 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.
HR 4276 PP
(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 Friend-
ship Act (22 U.S.C. 2902(a)) is amended by striking
‘‘Japan-United States Friendship Trust Fund’’ and in-
serting ‘‘United States-Japan Trust Fund’’.
SEC. 405. The Director of the United States Infor-
mation Agency is authorized to administer summer travel
and work programs without regard to preplacement re-
quirements.
SEC. 406. Section 12 of the International Organiza-
tions Immunities Act (22 U.S.C. 288f–2) is amended by
HR 4276 PP
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 ‘crimi-
nal investigator’ includes a special agent occupying a posi-
tion 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 disregard-
ing the parenthetical matter before subparagraph
(A) thereof); and
‘‘(B) such special agent satisfies the require-
ments of subsection (d) without taking into account
any hours described in paragraph (2)(B) thereof.
‘‘(2) In applying subsection (h) with respect to a spe-
cial agent under this subsection—
‘‘(A) any reference in such subsection to ‘basic
pay’ shall be considered to include amounts des-
ignated as ‘salary’;
‘‘(B) paragraph (2)(A) of such subsection shall
be considered to include (in addition to the provi-
sions of law specified therein) sections 609(b)(1),
805, 806, and 856 of the Foreign Service Act of
1980; and
HR 4276 PP
‘‘(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 appro-
priate supervisory officer, to be designated by the Sec-
retary 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 sub-
paragraph (A)) by striking ‘‘Public Law 99–399)’’ and in-
serting ‘‘Public Law 99–399, subject to subsection (k))’’.
(2) Section 5542(e) of such title is amended by strik-
ing ‘‘title 18, United States Code,’’ and inserting ‘‘title
18 or section 37(a)(3) of the State Department Basic Au-
thorities Act of 1956,’’.
HR 4276 PP
(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 fol-
lowing 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 avail-
able until expended.
OPERATIONS AND TRAINING
For necessary expenses of operations and training ac-
tivities 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 (reduced by
HR 4276 PP
$10,000,000), to remain available until expended: Pro-
vided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Con-
gressional Budget Act of 1974, as amended: Provided fur-
ther, 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 appro-
priation 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 Govern-
ment property under control of the Maritime Administra-
tion, 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.
HR 4276 PP
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 other-
wise 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
HR 4276 PP
billable days, with the exception of the chairperson who
is permitted 125 billable days.
COMMISSION ON SECURITY AND COOPERATION IN
EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Secu-
rity and Cooperation in Europe, as authorized by Public
Law 94–304, $1,170,000, to remain available until ex-
pended 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-mone-
tary 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
HR 4276 PP
Commission is authorized to make available for official re-
ception and representation expenses not to exceed $2,500
from available funds.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communica-
tions Commission, as authorized by law, including uni-
forms 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 coun-
sel fees; and services as authorized by 5 U.S.C. 3109,
$181,514,000, of which not to exceed $300,000 shall re-
main 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 sec-
tion 9 of title I of the Communications Act of 1934, as
amended, and shall be retained and used for necessary ex-
penses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein ap-
propriated 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
HR 4276 PP
$8,991,000: Provided further, That any offsetting collec-
tions 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 Mer-
chant Marine Act, 1936, as amended (46 U.S.C. App.
1111), including services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); and uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901–02, $14,000,000: Provided,
That not to exceed $2,000 shall be available for official
reception and representation expenses.
HR 4276 PP
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Com-
mission, including uniforms or allowances therefor, as au-
thorized 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 representa-
tion expenses, $80,490,000: Provided, That not to exceed
$300,000 shall be available for use to contract with a per-
son or persons for collection services in accordance with
the terms of 31 U.S.C. 3718, as amended: Provided fur-
ther, 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 nec-
essary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the General Fund shall be re-
duced as such offsetting collections are received during fis-
cal 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
HR 4276 PP
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 Corpora-
tion 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 (increased by
$109,000,000), of which $134,575,000 (increased by
$109,000,000) is for basic field programs and required
independent audits, $1,125,000 is for the Office of Inspec-
tor 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
100
HR 4276 PP
in this Act to the Legal Services Corporation shall be sub-
ject 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 Com-
mission 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 Ex-
change 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 representa-
tion 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 ex-
penses for consultations and meetings hosted by the Com-
101
HR 4276 PP
mission with foreign governmental and other regulatory
officials, members of their delegations, appropriate rep-
resentatives and staff to exchange views concerning devel-
opments relating to securities matters, development and
implementation of cooperation agreements concerning se-
curities matters and provision of technical assistance for
the development of foreign securities markets, such ex-
penses to include necessary logistic and administrative ex-
penses 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 trans-
portation to or from such meetings; and (3) any other re-
lated 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 Secu-
rities 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 representa-
102
HR 4276 PP
tion expenses, $246,750,000 (increased by $2,000,000)
(increased by $250,000 to be used for the National Wom-
en’s Business Council as authorized by section 409 of the
Women’s Business Ownership Act of 1988 (15 U.S.C. 631
note): Provided, That the Administrator is authorized to
charge fees to cover the cost of publications developed by
the Small Business Administration, and certain loan serv-
icing 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 carry-
ing 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 Busi-
ness 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 avail-
able until expended; and for the cost of guaranteed loans,
$132,540,000 (increased by $7,090,000), as authorized by
15 U.S.C. 631 note, of which $45,000,000 shall remain
103
HR 4276 PP
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 sec-
tion 20(d)(1)(B)ii of the Small Business Act, as amended:
Provided further, That, during fiscal year 1999, commit-
ments for general business loans authorized under section
7(a) of the Small Business Act, as amended, shall not ex-
ceed $10,000,000,000 without prior notification of the
Committees on Appropriations of the House of Represent-
atives and Senate in accordance with section 605 of this
Act.
In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $94,000,000
(reduced by $7,090,000), 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
104
HR 4276 PP
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 Guaran-
tees Revolving Fund’’, authorized by the Small Business
Investment Act, as amended, $3,300,000, to remain avail-
able 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 sec-
tion 605 of this Act and shall not be available for obliga-
tion or expenditure except in compliance with the proce-
dures set forth in that section.
105
HR 4276 PP
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 procure-
ment 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 ex-
isting Executive order issued pursuant to existing law.
SEC. 604. If any provision of this Act or the applica-
tion of such provision to any person or circumstances shall
be held invalid, the remainder of the Act and the applica-
106
HR 4276 PP
tion of each provision to persons or circumstances other
than those as to which it is held invalid shall not be af-
fected 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 obli-
gation 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) reorga-
nizes offices, programs, or activities; or (6) contracts out
or privatizes any functions, or activities presently per-
formed by Federal employees; unless the Appropriations
Committees of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agen-
cies 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
107
HR 4276 PP
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 reprogram-
ming of funds in excess of $500,000 or 10 percent, which-
ever 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 pro-
grams, activities, or projects as approved by Congress; un-
less the Appropriations Committees of both Houses of
Congress are notified 15 days in advance of such re-
programming 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 Ad-
ministration in shipyards located outside of the United
States.
SEC.
607.
(a)
PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
in this Act should be American-made.
108
HR 4276 PP
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity 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 state-
ment 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 bear-
ing 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 con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility 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 Com-
mission 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
109
HR 4276 PP
the Commission on October 1, 1993 (58 Fed. Reg.
51266).
SEC. 609. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended 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 operat-
ing 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) in-
creasing the total number of personnel assigned to United
States diplomatic or consular posts in the Socialist Repub-
lic 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 docu-
ments that will help lead to fullest possible ac-
110
HR 4276 PP
counting of prisoners of war and missing in ac-
tion.
(iv) Providing further assistance in imple-
menting 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 loca-
tions in Southeast Asia are being thoroughly ana-
lyzed by the appropriate laboratories with the intent
of providing surviving relatives with scientifically de-
fensible, legal determinations of death or other ac-
countability 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 au-
thority 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 for-
eign national; and (3) that the President’s military advi-
sors have not submitted to the President a recommenda-
tion that such involvement is in the national security inter-
111
HR 4276 PP
ests of the United States and the President has not sub-
mitted 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 per-
sonal comforts in the Federal prison system—
(1) in-cell television viewing except for prisoners
who are segregated from the general prison popu-
lation for their own safety;
(2) the viewing of NC–17, R, and X rated mov-
ies, 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 elec-
tronic musical instrument.
SEC. 612. None of the funds made available in title
II for the National Oceanic and Atmospheric Administra-
tion (NOAA) under the headings ‘‘Operations, Research,
and Facilities’’ and ‘‘Procurement, Acquisition and Con-
struction’’ may be used to implement sections 603, 604,
and 605 of Public Law 102–567.
112
HR 4276 PP
SEC. 613. Any costs incurred by a department or
agency funded under this Act resulting from personnel ac-
tions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary re-
sources available to such department or agency: Provided,
That the authority to transfer funds between appropria-
tions accounts as may be necessary to carry out this sec-
tion is provided in addition to authorities included else-
where 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 compli-
ance 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 dis-
tribute or make available any commercially published in-
formation or material to a prisoner when it is made known
to the Federal official having authority to obligate or ex-
pend such funds that such information or material is sexu-
ally 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
113
HR 4276 PP
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 emer-
gency situation or a hot pursuit (as such terms are defined
by State law) with the same or better level of health insur-
ance 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 en-
gines capable of producing a total of more than 3,000
shaft horsepower—
(1) as specified in the permit application re-
quired 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
114
HR 4276 PP
Regulations, to engage in fishing for Atlantic mack-
erel or herring (or both) under the Magnuson-Ste-
vens 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 cer-
tificate of documentation had been issued for the
vessel and endorsed with a fishery endorsement that
was effective on September 25, 1997, and such fish-
ery endorsement was not surrendered at any time
thereafter.
(b) Any fishing permit or authorization issued or re-
newed 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, tak-
ing, or harvesting of fish in any other fishery within the
exclusive economic zone of the United States.
115
HR 4276 PP
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 expira-
tion of such license on February 1, 1998, pursuant to sec-
tion 312(g) of the Communications Act of 1934 (47
U.S.C. 312(g)).
TITLE VII—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this
heading on September 30, 1998, $45,326,000 are re-
scinded.
116
HR 4276 PP
LEGAL ACTIVITIES
UNITED STATES TRUSTEE SYSTEM FUND
(RESCISSION)
Of the unobligated balances available from offsetting
collections derived from fees collected pursuant to 28
U.S.C. 589a(b), $17,000,000 are rescinded.
TITLE VIII—CITIZENS PROTECTION
SHORT TITLE
SEC. 801. This title may be cited as the ‘‘Citizens
Protection Act of 1998’’.
INTERPRETATION
SEC. 802. As used in this title and the amendments
made by this title, the term ‘‘employee’’ includes an attor-
ney, investigator, or other employee of the Department of
Justice (including any independent counsel appointed
under title 28, United States Code, and any employees of
such independent counsel acting under the authority of the
Attorney General), as well as an attorney, investigator, or
accountant, acting under the authority of the Department
of Justice (including any independent counsel appointed
under title 28, United States Code, and any employees of
such independent counsel acting under the authority of the
Attorney General).
117
HR 4276 PP
SUBTITLE A—ETHICAL STANDARDS FOR FEDERAL
PROSECUTORS
ETHICAL STANDARDS FOR FEDERAL PROSECUTORS
SEC. 811. (a) IN GENERAL.—Chapter 31 of title 28,
United States Code, is amended by adding at the end the
following:
‘‘ETHICAL STANDARDS FOR ATTORNEYS FOR THE
GOVERNMENT
‘‘SEC. 530B. (a) An attorney for the Government
shall be subject to State laws and rules, and local Federal
court rules, governing attorneys in each State where such
attorney engages in that attorney’s duties, to the same
extent and in the same manner as other attorneys in that
State.
‘‘(b) The Attorney General shall make and amend
rules of the Department of Justice to assure compliance
with this section.
‘‘(c) As used in this section, the term ‘attorney for
the Government’ includes any attorney described in sec-
tion 77.2(a) of part 77 of title 28 of the Code of Federal
Regulations.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘530B. Ethical standards for attorneys for the Government.’’.
118
HR 4276 PP
SUBTITLE B—PUNISHABLE CONDUCT
PUNISHABLE CONDUCT
SEC. 821. (a) VIOLATIONS.—The Attorney General
shall establish, by plain rule, that it shall be punishable
conduct for any Department of Justice employee to—
(1) in the absence of probable cause seek the
indictment of any person;
(2) fail promptly to release information that
would exonerate a person under indictment;
(3) intentionally mislead a court as to the guilt
of any person;
(4) intentionally or knowingly misstate evi-
dence;
(5) intentionally or knowingly alter evidence;
(6) attempt to influence or color a witness’ tes-
timony;
(7) act to frustrate or impede a defendant’s
right to discovery;
(8) offer or provide sexual activities to any gov-
ernment witness or potential witness;
(9) leak or otherwise improperly disseminate in-
formation to any person during an investigation; or
(10) engage in conduct that discredits the De-
partment.
119
HR 4276 PP
(b) PENALTIES.—The Attorney General shall estab-
lish penalties for engaging in conduct described in sub-
section (a) that shall include—
(1) probation;
(2) demotion;
(3) dismissal;
(4) referral of ethical charges to the bar;
(5) loss of pension or other retirement benefits;
(6) suspension from employment; and
(7) referral of the allegations, if appropriate, to
a grand jury for possible criminal prosecution.
COMPLAINTS
SEC. 822. (a) WRITTEN STATEMENT.—A person who
believes that an employee of the Department of Justice
has engaged in conduct described in section 821(a) may
submit a written statement, in such form as the Attorney
General may require, describing the alleged conduct.
(b) PRELIMINARY INVESTIGATION.—Not later than
30 days after receipt of a written statement submitted
under subsection (a), the Attorney General shall conduct
a preliminary investigation and determine whether the al-
legations contained in such written statement warrant fur-
ther investigation.
(c) INVESTIGATION AND PENALTY.—If the Attorney
General determines after conducting a preliminary inves-
tigation under subsection (a) that further investigation is
120
HR 4276 PP
warranted, the Attorney General shall within 90 days fur-
ther investigate the allegations and, if the Attorney Gen-
eral determines that a preponderance of the evidence sup-
ports the allegations, impose an appropriate penalty.
MISCONDUCT REVIEW BOARD
SEC. 823. (a) ESTABLISHMENT.—There is estab-
lished as an independent establishment a board to be
known as the ‘‘Misconduct Review Board’’ (hereinafter in
this title referred to as the ‘‘Board’’).
(b) MEMBERSHIP.—The Board shall consist of—
(1) three voting members appointed by the
President, one of whom the President shall designate
as Chairperson;
(2) two non-voting members appointed by the
Speaker of the House of Representatives, one of
whom shall be a Republican and one of whom shall
be a Democrat; and
(3) two non-voting members appointed by the
Majority Leader of the Senate, one of whom shall be
a Republican and one of whom shall be a Democrat.
(c) NON-VOTING MEMBERS SERVE ADVISORY ROLE
ONLY.—The non-voting members shall serve on the Board
in an advisory capacity only and shall not take part in
any decisions of the Board.
(d)
SUBMISSION
OF
WRITTEN
STATEMENT
TO
BOARD.—If the Attorney General makes no determination
121
HR 4276 PP
pursuant to section 822(b) or imposes no penalty under
section 822(c), a person who submitted a written state-
ment under section 822(a) may submit such written state-
ment to the Board.
(e) REVIEW OF ATTORNEY GENERAL DETERMINA-
TION.—The Board shall review all determinations made
by the Attorney General under sections 822(b) or 822(c).
(f) BOARD INVESTIGATION.—In reviewing a deter-
mination with respect to a written statement under sub-
section (e), or a written statement submitted under sub-
section (d), the Board may investigate the allegations
made in the written statement as the Board considers ap-
propriate.
(g) SUBPOENA POWER.—
(1) IN GENERAL.—The Board may issue sub-
poenas requiring the attendance and testimony of
witnesses and the production of any evidence relat-
ing to any matter under investigation by the Board.
The attendance of witnesses and the production of
evidence may be required from any place within the
United States.
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1), the Board may apply to a United States
district court for an order requiring that person to
122
HR 4276 PP
appear before the Board to give testimony, produce
evidence, or both, relating to the matter under inves-
tigation. The application may be made within the ju-
dicial district where the hearing is conducted or
where that person is found, resides, or transacts
business. Any failure to obey the order of the court
may be punished by the court as civil contempt.
(3) SERVICE OF SUBPOENAS.—The subpoenas
of the Board shall be served in the manner provided
for subpoenas issued by a United States district
court under the Federal Rules of Civil Procedure for
the United States district courts.
(4) SERVICE OF PROCESS.—All process of any
court to which application is made under paragraph
(2) may be served in the judicial district in which
the person required to be served resides or may be
found.
(h) MEETINGS.—The Board shall meet at the call of
the Chairperson or a majority of its voting members. All
meetings shall be open to the public. The Board is author-
ized to sit where the Board considers most convenient
given the facts of a particular complaint, but shall give
due consideration to conducting its activities in the judi-
cial district where the complainant resides.
123
HR 4276 PP
(i) DECISIONS.—Decisions of the Board shall be
made by majority vote of the voting members.
(j) AUTHORITY TO IMPOSE PENALTY.—After con-
ducting such independent review and investigation as it
deems appropriate, the Board by a majority vote of its
voting members may impose a penalty, including dismis-
sal, as provided in section 821(b) as it considers appro-
priate.
(k) COMPENSATION.—
(1) PROHIBITION OF COMPENSATION OF FED-
ERAL EMPLOYEES.—Members of the Board who are
full-time officers or employees of the United States,
including Members of Congress, may not receive ad-
ditional pay, allowances, or benefits by reason of
their service on the Board.
(2) TRAVEL
EXPENSES.—Each member shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and
5703 of title 5, United States Code.
(l) EXPERTS AND CONSULTANTS.—The Board may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not to exceed $200 per day.
(m) STAFF OF FEDERAL AGENCIES.—Upon request
of the Chairperson, the head of any Federal department
124
HR 4276 PP
or agency may detail, on a reimbursable basis, any of the
personnel of that department or agency to the Board to
assist it in carrying out its duties under this title.
(n) OBTAINING OFFICIAL DATA.—The Board may
secure directly from any department or agency of the
United States information necessary to enable it to carry
out this title. Upon request of the Chairperson of the
Board, the head of that department or agency shall fur-
nish that information to the Board.
(o) MAILS.—The Board may use the United States
mails in the same manner and under the same conditions
as other departments and agencies of the United States.
(p) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Board, the Administrator of General
Services shall provide to the Board, on a reimbursable
basis, the administrative support services necessary for the
Board to carry out its responsibilities under this title.
(q) CONTRACT AUTHORITY.—The Board may con-
tract with and compensate government and private agen-
cies or persons for services, without regard to section 3709
of the Revised Statutes (41 U.S.C. 5).
TITLE IX—ADDITIONAL GENERAL PROVISIONS
SEC. 901. None of the funds made available in this
or any other Act may be used to implement, administer,
125
HR 4276 PP
or enforce Executive Order No. 13083 (titled ‘‘Federal-
ism’’ and dated May 14, 1998).
SEC. 902. None of the funds appropriated or other-
wise made available in this Act may be used by the United
States to intervene against a claim for attachment in aid
of execution, or execution, of property of a foreign state
upon a judgment relating to a claim brought under section
1605(a)(7) of title 28, United States Code.
SEC. 903. (a) Section 118 of title 28, United States
Code, is amended—
(1) in subsection (a) by striking ‘‘Philadelphia,
and Schuylkill’’ and inserting ‘‘and Philadelphia’’;
and
(2) in subsection (b) by inserting ‘‘Schuylkill,’’
after ‘‘Potter,’’.
(b)(1) This section and the amendments made by this
section shall take effect 180 days after the date of the
enactment of this Act.
(2) This section and the amendments made by this
section shall not affect any action commenced before the
effective date of this section and pending on such date in
the United States District Court for the Eastern District
of Pennsylvania.
(3) This section and the amendments made by this
section shall not affect the composition, or preclude the
126
HR 4276 PP
service, of any grand or petit jury summoned, impaneled,
or actually serving on the effective date of this section.
SEC. 904. None of the funds appropriated or other-
wise made available by this Act may be used for participa-
tion by United States delegates to the Standing Consult-
ative Commission in any activity of the Commission to im-
plement the Memorandum of Understanding Relating to
the Treaty Between the United States of America and the
Union of Soviet Socialist Republics on the Limitation of
Anti-Ballistic Missile Systems of May 26, 1972, entered
into in New York on September 26, 1997, by the United
States, Russia, Kazakhstan, Belarus, and Ukraine.
This Act may be cited as the ‘‘Departments of Com-
merce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999’’.
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Departments of Commerce, Justice, and State, the Judici-
ary, and related agencies programs for the fiscal year end-
ing September 30, 1999, and for other purposes, namely:
TITLE I—DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the administration of the
Department of Justice, $76,199,000, of which not to exceed
127
HR 4276 PP
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 43
permanent positions and 44 full-time equivalent workyears
and $7,860,000 shall be expended for the Department Lead-
ership Program: Provided further, That not to exceed 39
permanent positions and 39 full-time equivalent workyears
and $4,660,000 shall be expended for the Offices of Legisla-
tive Affairs and Public Affairs: Provided further, That the
latter two aforementioned offices shall not be augmented by
personnel details, temporary transfers of personnel on either
a reimbursable or non-reimbursable basis or any other type
of formal or informal transfer or reimbursement of person-
nel or funds on either a temporary or long-term basis: Pro-
vided further, That the Attorney General is authorized to
transfer, under such terms and conditions as the Attorney
General shall specify, forfeited real or personal property of
limited or marginal value, as such value is determined by
guidelines established by the Attorney General, to a State
or local government agency, or its designated contractor or
transferee, for use to support drug abuse treatment, drug
and crime prevention and education, housing, job skills,
and other community-based public health and safety pro-
grams: Provided further, That any transfer under the pre-
ceding proviso shall not create or confer any private right
of action in any person against the United States, and shall
128
HR 4276 PP
be treated as a reprogramming under section 605 of this
Act.
JOINT AUTOMATED BOOKING SYSTEM
For expenses necessary for the nationwide deployment
of a Joint Automated Booking System, $10,000,000, to re-
main available until expended.
COUNTERTERRORISM FUND
For necessary expenses, as determined by the Attorney
General, $19,999,000, to remain available until expended,
to reimburse any Department of Justice organization for
(1) the costs incurred in reestablishing the operational ca-
pability of an office or facility which has been damaged
or destroyed as a result of any domestic or international
terrorist incident, (2) the costs of providing support to
counter, investigate or prosecute domestic or international
terrorism, including payment of rewards in connection
with these activities, (3) the costs of conducting a terrorism
threat assessment of Federal agencies and their facilities,
(4) the costs associated with ensuring the continuance of
essential Government functions during a time of emergency,
and (5) the costs of activities related to the protection of
the Nation’s critical infrastructure: Provided, That any
Federal agency may be reimbursed for costs associated with
implementation of the recommendations of the President’s
Commission on Critical Infrastructure Protection: Provided
further, That any agency receiving services from the De-
129
HR 4276 PP
partment of Justice from the Fund may reimburse the Fund
and that any such reimbursement shall remain available
in the Fund until expended: Provided further, That funds
provided under this paragraph shall be available only after
the Attorney General notifies the Committees on Appropria-
tions of the House of Representatives and the Senate in ac-
cordance with section 605 of this Act.
In addition, for necessary expenses, as determined by
the Attorney General, $174,000,000, to remain available
until expended, for transfer to the Office of Justice Pro-
grams (OJP), for counterterrorism grants, contracts, coop-
erative agreements, and other assistance (including
amounts for management and administration which shall
be transferred to and merged with the ‘‘Justice Assistance’’
account), to cities, States, territories, and local jurisdic-
tions; of which $95,000,000 shall be available for equipping
first responders in cities, States, territories, and local juris-
dictions; of which $5,000,000 shall be available to reimburse
the Department of Health and Human Services for costs
associated with Metropolitan Medical Strike Teams; of
which $10,000,000 shall be available for technical assistance
and evaluation; of which $7,000,000 shall be available for
law enforcement first responder training; of which
$22,000,000 shall be available for public safety first re-
sponder training provided through the National Domestic
130
HR 4276 PP
Preparedness Consortium; of which $25,000,000 shall be
available for firefighter and emergency medical services
equipment; and of which $10,000,000 shall be available for
situational training exercises.
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of par-
don and clemency petitions and immigration related activi-
ties, $41,858,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $33,211,000; including not to ex-
ceed $10,000 to meet unforeseen emergencies of a confiden-
tial character, to be expended under the direction of, and
to be accounted for solely under the certificate of, the Attor-
ney General; and for the acquisition, lease, maintenance,
and operation of motor vehicles, without regard to the gen-
eral purchase price limitation for the current fiscal year:
Provided, That up to one-tenth of one percent of the Depart-
ment of Justice’s allocation from the Violent Crime Reduc-
tion Trust Fund grant programs may be transferred at the
discretion of the Attorney General to this account for the
audit or other review of such grant programs, as authorized
by section 130005 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103–322).
131
HR 4276 PP
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States Parole
Commission as authorized by law, $7,969,000.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, includ-
ing not to exceed $20,000 for expenses of collecting evidence,
to be expended under the direction of, and to be accounted
for solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District
of Columbia; and for annual obligations of membership in
law-based international organizations pursuant to treaties
ratified pursuant to the advice and consent of the Senate,
conventions, or specific Acts of Congress, notwithstanding
any other provision of law; $485,511,000; of which not to
exceed $10,000,000 for litigation support contracts shall re-
main available until expended: Provided, That of the funds
available in this appropriation, not to exceed $17,834,000
shall remain available until expended for office automation
systems for the legal divisions covered by this appropria-
tion, and for the United States Attorneys, the Antitrust Di-
vision, and offices funded through ‘‘Salaries and Expenses’’,
General Administration: Provided further, That of the total
132
HR 4276 PP
amount appropriated, not to exceed $1,000 shall be avail-
able to the United States National Central Bureau,
INTERPOL, for official reception and representation ex-
penses.
In addition, for reimbursement of expenses of the De-
partment of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, as
amended, not to exceed $4,028,000, to be appropriated from
the Vaccine Injury Compensation Trust Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust
and kindred laws, $86,588,000: Provided, That notwith-
standing any other provision of law, not to exceed
$86,588,000 of offsetting collections derived from fees col-
lected 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 ex-
penses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein ap-
propriated from the General Fund shall be reduced as such
offsetting collections are received during fiscal year 1999,
so as to result in a final fiscal year 1999 appropriation
from the General Fund estimated at not more than $0: Pro-
vided further, That the third proviso under the heading
‘‘Salaries and Expenses, Antitrust Division’’ in Public Law
105–119 is repealed.
133
HR 4276 PP
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United
States Attorneys, including intergovernmental and coopera-
tive agreements, $1,083,642,000; of which not to exceed
$2,500,000 shall be available until September 30, 2000, for
(1) training personnel in debt collection, (2) locating debt-
ors and their property, (3) paying the net costs of selling
property, and (4) tracking debts owed to the United States
Government: Provided, That of the total amount appro-
priated, not to exceed $8,000 shall be available for official
reception and representation expenses: Provided further,
That not to exceed $10,000,000 of those funds available for
automated litigation support contracts shall remain avail-
able until expended: Provided further, That not to exceed
$1,200,000 for the design, development, and implementation
of an information systems strategy for D.C. Superior Court
shall remain available until expended: Provided further,
That not to exceed $2,500,000 for the operation of the Na-
tional Advocacy Center shall remain available until ex-
pended: Provided further, That not to exceed $1,000,000
shall remain available until expended for the expansion of
existing Violent Crime Task Forces in United States Attor-
neys Offices into demonstration projects, including inter-
governmental, inter-local, cooperative, and task-force agree-
ments, however denominated, and contracts with State and
134
HR 4276 PP
local prosecutorial and law enforcement agencies engaged
in the investigation and prosecution of violent crimes: Pro-
vided further, That, in addition to reimbursable full-time
equivalent workyears available to the Office of the United
States Attorneys, not to exceed 8,960 positions and 9,125
full-time equivalent workyears shall be supported from the
funds appropriated in this Act for the United States Attor-
neys: Provided further, that of the total amount appro-
priated, not to exceed $3,000,000 shall remain available to
hire additional assistant United States Attorneys and in-
vestigators to enforce Federal laws designed to keep firearms
out of the hands of criminals, and the Attorney General
is directed to initiate a selection process to identify two (2)
major metropolitan areas (which shall not be in the same
geographic area of the United States) which have an unusu-
ally high incidence of gun-related crime, where the funds
described in this subsection shall be expended: Provided fur-
ther, That $2,300,000 shall be used to provide for additional
assistant United States attorneys and investigators to serve
in Philadelphia, Pennsylvania and Camden County, New
Jersey, to enforce Federal laws designed to prevent the pos-
session by criminals of firearms (as that term is defined
in section 921(a) of title 18, United States Code), of which
$1,500,000 shall be used to provide for those attorneys and
investigators in Philadelphia, Pennsylvania and $800,000
135
HR 4276 PP
shall be used to provide for those attorneys and investigators
in Camden County, New Jersey.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee
Program, 
as 
authorized 
by 
U.S.C. 
589a(a),
$108,248,000, to remain available until expended and to
be derived from the United States Trustee System Fund:
Provided, That, notwithstanding any other provision of
law, deposits to the Fund shall be available in such amounts
as may be necessary to pay refunds due depositors: Pro-
vided further, That, notwithstanding any other provision
of law, $100,000,000 of offsetting collections derived from
fees collected pursuant to 28 U.S.C. 589a(b) shall be re-
tained and used for necessary expenses in this appropria-
tion and remain available until expended: Provided further,
That the sum herein appropriated from the Fund shall be
reduced as such offsetting collections are received during fis-
cal year 1999, so as to result in a final fiscal year 1999
appropriation from the Fund not to exceed $8,248,000: Pro-
vided further, That the fourth proviso under the heading
‘‘United States Trustee Fund’’ in Public Law 105–119 is
repealed.
136
HR 4276 PP
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT
COMMISSION
For expenses necessary to carry out the activities of
the Foreign Claims Settlement Commission, including serv-
ices as authorized by 5 U.S.C. 3109, $1,227,000.
SALARIES AND EXPENSES, UNITED STATES MARSHALS
SERVICE
For necessary expenses of the United States Marshals
Service; including the acquisition, lease, maintenance, and
operation of vehicles, and the purchase of passenger motor
vehicles for police-type use, without regard to the general
purchase price limitation for the current fiscal year,
$501,752,000, as authorized by 28 U.S.C. 561(i); of which
not to exceed $6,000 shall be available for official reception
and representation expenses; and of which not to exceed
$4,000,000 for development, implementation, maintenance
and support, and training for an automated prisoner infor-
mation system, shall remain available until expended.
CONSTRUCTION
For planning, constructing, renovating, equipping,
and maintaining United States Marshals Service prisoner-
holding space in United States courthouses and federal
buildings, including the renovation and expansion of pris-
oner movement areas, elevators, and sallyports, $4,000,000,
to remain available until expended.
137
HR 4276 PP
JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM
FUND, UNITED STATES MARSHALS SERVICE
There is hereby established a Justice Prisoner and
Alien Transportation System Fund for the payment of nec-
essary expenses related to the scheduling and transportation
of United States prisoners and illegal and criminal aliens
in the custody of the United States Marshals Service, as
authorized in 18 U.S.C. 4013, including, without limita-
tion, salaries and expenses, operations, and the acquisition,
lease, and maintenance of aircraft and support facilities:
Provided, That the Fund shall be reimbursed or credited
with advance payments from amounts available to the De-
partment of Justice, other Federal agencies, and other
sources at rates that will recover the expenses of Fund oper-
ations, including, without limitation, accrual of annual
leave and depreciation of plant and equipment of the Fund:
Provided further, That proceeds from the disposal of Fund
aircraft shall be credited to the Fund: Provided further,
That amounts in the Fund shall be available without fiscal
year limitation, and may be used for operating equipment
lease agreements that do not exceed five years: Provided fur-
ther, That with respect to the transportation of Federal,
State, local and territorial prisoners and detainees, the
lease or rent of aircraft by the Justice Prisoner Air Trans-
138
HR 4276 PP
port System shall be considered use of public aircraft pursu-
ant to 49 U.S.C. section 40102(a)(37).
For the initial capitalization costs of the Fund,
$10,000,000.
FEDERAL PRISONER DETENTION
For expenses, related to United States prisoners in the
custody of the United States Marshals Service as authorized
in 18 U.S.C. 4013, but not including expenses otherwise
provided for in appropriations available to the Attorney
General, $407,018,000, as authorized by 28 U.S.C. 561(i),
to remain available until expended.
FEES AND EXPENSES OF WITNESSES
For expenses, mileage, compensation, and per diems
of witnesses, for expenses of contracts for the procurement
and supervision of expert witnesses, for private counsel ex-
penses, and for per diems in lieu of subsistence, as author-
ized by law, including advances, $95,000,000, to remain
available until expended; of which not to exceed $6,000,000
may be made available for planning, construction, renova-
tions, maintenance, remodeling, and repair of buildings,
and the purchase of equipment incident thereto, for pro-
tected witness safesites; of which not to exceed $1,000,000
may be made available for the purchase and maintenance
of armored vehicles for transportation of protected wit-
nesses; and of which not to exceed $4,000,000 may be made
available for the purchase, installation and maintenance of
139
HR 4276 PP
a secure, automated information network to store and re-
trieve the identities and locations of protected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations
Service, established by title X of the Civil Rights Act of
1964, $5,319,000: Provided, That notwithstanding any
other provision of law, upon a determination by the Attor-
ney General that emergent circumstances require additional
funding for conflict prevention and resolution activities of
the Community Relations Service, the Attorney General
may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal
year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That
any transfer pursuant to the previous proviso shall be treat-
ed as a reprogramming under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
ASSETS FORFEITURE FUND
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii),
(B), (F), and (G), as amended, $23,000,000, to be derived
from the Department of Justice Assets Forfeiture Fund.
140
HR 4276 PP
RADIATION EXPOSURE COMPENSATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses in accordance
with 
the 
Radiation 
Exposure 
Compensation 
Act,
$2,000,000.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime
drug trafficking not otherwise provided for, to include inter-
governmental agreements with State and local law enforce-
ment agencies engaged in the investigation and prosecution
of individuals involved in organized crime drug trafficking,
$294,967,000: Provided, That any amounts obligated from
appropriations under this heading may be used under au-
thorities available to the organizations reimbursed from this
appropriation: Provided further, That any unobligated bal-
ances remaining available at the end of the fiscal year shall
revert to the Attorney General for reallocation among par-
ticipating organizations in succeeding fiscal years, subject
to the reprogramming procedures described in section 605
of this Act.
141
HR 4276 PP
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of Inves-
tigation for detection, investigation, and prosecution of
crimes against the United States; including purchase for
police-type use of not to exceed 2,668 passenger motor vehi-
cles, of which 2,000 will be for replacement only, without
regard to the general purchase price limitation for the cur-
rent fiscal year, and hire of passenger motor vehicles; acqui-
sition, lease, maintenance, and operation of aircraft; and
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction
of, and to be accounted for solely under the certificate of,
the Attorney General, $2,522,050,000; of which not to exceed
$50,000,000 for automated data processing and tele-
communications and technical investigative equipment and
not to exceed $1,000,000 for undercover operations shall re-
main available until September 30, 2000; of which not less
than $233,473,000 shall be for counterterrorism investiga-
tions, foreign counterintelligence, and other activities relat-
ed to our national security; of which not to exceed
$61,800,000 shall remain available until expended; of which
not to exceed $10,000,000 is authorized to be made available
for making advances for expenses arising out of contractual
or reimbursable agreements with State and local law en-
142
HR 4276 PP
forcement agencies while engaged in cooperative activities
related to violent crime, terrorism, organized crime, and
drug investigations; and of which $1,500,000 shall be avail-
able to maintain an independent program office dedicated
solely to the relocation of the Criminal Justice Information
Services Division and the automation of fingerprint identi-
fication services: Provided, That not to exceed $45,000 shall
be available for official reception and representation ex-
penses: Provided further, That no funds in this Act may
be used to provide ballistics imaging equipment to any
State or local authority which has obtained similar equip-
ment through a Federal grant or subsidy unless the State
or local authority agrees to return that equipment or to
repay that grant or subsidy to the Federal Government.
In addition, $433,124,000 for such purposes, to remain
available until expended, to be derived from the Violent
Crime Reduction Trust Fund, as authorized by the Violent
Crime Control and Law Enforcement Act of 1994 as
amended, and the Antiterrorism and Effective Death Pen-
alty Act of 1996.
CONSTRUCTION
For necessary expenses to construct or acquire build-
ings and sites by purchase, or as otherwise authorized by
law (including equipment for such buildings); conversion
and extension of federally-owned buildings; and prelimi-
143
HR 4276 PP
nary planning and design of projects; $1,287,000, to remain
available until expended.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Ad-
ministration, including not to exceed $70,000 to meet un-
foreseen emergencies of a confidential character, to be ex-
pended under the direction of, and to be accounted for solely
under the certificate of, the Attorney General; expenses for
conducting drug education and training programs, includ-
ing travel and related expenses for participants in such pro-
grams and the distribution of items of token value that pro-
mote the goals of such programs; purchase of not to exceed
1,428 passenger motor vehicles, of which 1,080 will be for
replacement only, for police-type use without regard to the
general purchase price limitation for the current fiscal year;
and acquisition, lease, maintenance, and operation of air-
craft; $802,054,000, of which not to exceed $1,800,000 for
research and $15,000,000 for transfer to the Drug Diversion
Control Fee Account for operating expenses shall remain
available until expended, and of which not to exceed
$5,000,000 for purchase of evidence and payments for infor-
mation, not to exceed $10,000,000 for contracting for auto-
mated data processing and telecommunications equipment,
and not to exceed $2,000,000 for laboratory equipment,
144
HR 4276 PP
$4,000,000 for technical equipment, and $2,000,000 for air-
craft replacement retrofit and parts, shall remain available
until September 30, 2000; and of which not to exceed
$50,000 shall be available for official reception and rep-
resentation expenses.
In addition, $407,000,000, for such purposes, to re-
main available until expended, to be derived from the Vio-
lent Crime Reduction Trust Fund.
CONSTRUCTION
For necessary expenses to construct or acquire build-
ings and sites by purchase, or as otherwise authorized by
law (including equipment for such buildings); conversion
and extension of federally-owned buildings; and prelimi-
nary planning and design of projects; $8,000,000, to remain
available until expended.
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
For expenses, not otherwise provided for, necessary for
the administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, in-
cluding not to exceed $50,000 to meet unforeseen emer-
gencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; purchase for police type
use (not to exceed 2,904, of which 1,711 are for replacement
only), without regard to the general purchase price limita-
145
HR 4276 PP
tion for the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance and operation of
aircraft; research related to immigration enforcement; and
for the care and housing of Federal detainees held in the
joint Immigration and Naturalization Service and United
States Marshals Service’s Buffalo Detention Facility;
$1,169,317,000 of which not to exceed $400,000 for research
shall remain available until expended; of which not to ex-
ceed $10,000,000 shall be available for costs associated with
the training program for basic officer training, and
$5,000,000 is for payments or advances arising out of con-
tractual or reimbursable agreements with State and local
law enforcement agencies while engaged in cooperative ac-
tivities related to immigration; and of which not to exceed
$5,000,000 is to fund or reimburse other Federal agencies
for the costs associated with the care, maintenance, and re-
patriation of smuggled illegal aliens: Provided, That none
of the funds available to the Immigration and Naturaliza-
tion Service shall be available to pay any employee over-
time pay in an amount in excess of $30,000 during the
calendar year beginning January 1, 1999: Provided fur-
ther, That uniforms may be purchased without regard to
the general purchase price limitation for the current fiscal
year: Provided further, That not to exceed $5,000 shall be
available for official reception and representation expenses:
146
HR 4276 PP
Provided further, That not to exceed 20 permanent positions
and 20 full-time equivalent workyears and $1,711,000 shall
be expended for the Office of Legislative Affairs and Public
Affairs: Provided further, That the latter two aforemen-
tioned offices shall not be augmented by personnel details,
temporary transfers of personnel on either a reimbursable
or non-reimbursable basis or any other type of formal or
informal transfer or reimbursement of personnel or funds
on either a temporary or long-term basis: Provided further,
That the number of positions filled through non-career ap-
pointment at the Immigration and Naturalization Service,
for which funding is provided in this Act or is otherwise
made available to the Immigration and Naturalization
Service, shall not exceed four permanent positions and four
full-time equivalent workyears: Provided further, That the
Border Patrol is authorized to continue helicopter procure-
ment while developing a report on the cost and capabilities
of a mixed fleet of manned and unmanned aerial vehicles,
helicopters, and fixed-winged aircraft.
In addition, $1,099,667,000, for such purposes, to re-
main available until expended, to be derived from the Vio-
lent Crime Reduction Trust Fund.
CONSTRUCTION
For planning, construction, renovation, equipping,
and maintenance of buildings and facilities necessary for
the administration and enforcement of the laws relating to
147
HR 4276 PP
immigration, naturalization, and alien registration, not
otherwise provided for, $110,251,000, to remain available
until expended.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
For expenses necessary for the administration, oper-
ation, and maintenance of Federal penal and correctional
institutions, including purchase (not to exceed 763, of which
599 are for replacement only) and hire of law enforcement
and passenger motor vehicles, and for the provision of tech-
nical assistance and advice on corrections related issues to
foreign governments; $2,909,956,000: Provided, That the
Attorney General may transfer to the Health Resources and
Services Administration such amounts as may be necessary
for direct expenditures by that Administration for medical
relief for inmates of Federal penal and correctional institu-
tions: Provided further, That the Director of the Federal
Prison System (FPS), where necessary, may enter into con-
tracts with a fiscal agent/fiscal intermediary claims proc-
essor to determine the amounts payable to persons who, on
behalf of the FPS, furnish health services to individuals
committed to the custody of the FPS: Provided further, That
not to exceed $6,000 shall be available for official reception
and representation expenses: Provided further, That not to
exceed $90,000,000 for the activation of new facilities shall
148
HR 4276 PP
remain available until September 30, 2000: Provided fur-
ther, That of the amounts provided for Contract Confine-
ment, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education As-
sistance Act of 1980, as amended, for the care and security
in the United States of Cuban and Haitian entrants: Pro-
vided further, That notwithstanding section 4(d) of the
Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS may
enter into contracts and other agreements with private enti-
ties for periods of not to exceed 3 years and 7 additional
option years for the confinement of Federal prisoners.
In addition, $9,559,000, for such purposes, to remain
available until expended, to be derived from the Violent
Crime Reduction Trust Fund.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of
new facilities; leasing the Oklahoma City Airport Trust Fa-
cility; purchase and acquisition of facilities and remodel-
ing, and equipping of such facilities for penal and correc-
tional use, including all necessary expenses incident thereto,
by contract or force account; and constructing, remodeling,
and equipping necessary buildings and facilities at existing
penal and correctional institutions, including all necessary
expenses incident thereto, by contract or force account;
149
HR 4276 PP
$379,197,000, to remain available until expended, of which
not to exceed $14,074,000 shall be available to construct
areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed
under this appropriation: Provided further, That not to ex-
ceed 10 percent of the funds appropriated to ‘‘Buildings and
Facilities’’ in this Act or any other Act may be transferred
to ‘‘Salaries and Expenses’’, Federal Prison System, upon
notification by the Attorney General to the Committees on
Appropriations of the House of Representatives and the
Senate in compliance with provisions set forth in section
605 of this Act.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord
with the law, and to make such contracts and commitments,
without regard to fiscal year limitations as provided by sec-
tion 9104 of title 31, United States Code, as may be nec-
essary in carrying out the program set forth in the budget
for the current fiscal year for such corporation, including
purchase of (not to exceed five for replacement only) and
hire of passenger motor vehicles.
150
HR 4276 PP
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL
PRISON INDUSTRIES, INCORPORATED
Not to exceed $3,266,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed
on an accrual basis to be determined in accordance with
the corporation’s current prescribed accounting system, and
such amounts shall be exclusive of depreciation, payment
of claims, and expenditures which the said accounting sys-
tem requires to be capitalized or charged to cost of commod-
ities acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition, con-
struction, operation, maintenance, improvement, protec-
tion, or disposition of facilities and other property belong-
ing to the corporation or in which it has an interest.
OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and
other assistance authorized by title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended, and the
Missing Children’s Assistance Act, as amended, including
salaries and expenses in connection therewith, and the Vic-
tims of Crime Act of 1984, as amended, and section 822
of the Antiterrorism and Effective Death Penalty Act of
1996, $170,151,000, to remain available until expended, as
151
HR 4276 PP
authorized by section 1001 of title I of the Omnibus Crime
Control and Safe Streets Act, as amended by Public Law
102–534 (106 Stat. 3524).
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and
other assistance authorized by part E of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968, as amend-
ed, for State and Local Narcotics Control and Justice As-
sistance Improvements, notwithstanding the provisions of
section 511 of said Act, $552,000,000, to remain available
until expended, as authorized by section 1001 of title I of
said Act, as amended by Public Law 102–534 (106 Stat.
3524), of which $47,000,000 shall be available to carry out
the provisions of chapter A of subpart 2 of part E of title
I of said Act, for discretionary grants under the Edward
Byrne Memorial State and Local Law Enforcement Assist-
ance Programs, including $4,500,000 which shall be avail-
able to the Executive Office of United States Attorneys to
support the National District Attorneys Association’s par-
ticipation in legal education training at the National Advo-
cacy Center.
VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL
LAW ENFORCEMENT ASSISTANCE
For assistance (including amounts for administrative
costs for management and administration, which amounts
shall be transferred to and merged with the ‘‘Justice Assist-
152
HR 4276 PP
ance’’ account) authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322), as
amended (‘‘the 1994 Act’’); the Omnibus Crime Control and
Safe Streets Act of 1968, as amended (‘‘the 1968 Act’’); and
the Victims of Child Abuse Act of 1990, as amended (‘‘the
1990 Act’’); $2,124,650,000, to remain available until ex-
pended, which shall be derived from the Violent Crime Re-
duction Trust Fund; of which $500,000,000 shall be for
Local Law Enforcement Block Grants, pursuant to H.R.
728 as passed by the House of Representatives on February
14, 1995, except that for purposes of this Act, the Common-
wealth of Puerto Rico shall be considered a ‘‘unit of local
government’’ as well as a ‘‘State’’, for the purposes set forth
in paragraphs (A), (B), (D), (F), and (I) of section
101(a)(2) of H.R. 728 and for establishing crime prevention
programs involving cooperation between community resi-
dents and law enforcement personnel in order to control,
detect, or investigate crime or the prosecution of criminals:
Provided, That no funds provided under this heading may
be used as matching funds for any other Federal grant pro-
gram: Provided further, That $40,000,000 of this amount
shall be for Boys and Girls Clubs in public housing facili-
ties and other areas in cooperation with State and local
law enforcement: Provided further, That funds may also be
used to defray the costs of indemnification insurance for
153
HR 4276 PP
law enforcement officers: Provided further, That, hereafter,
for the purpose of eligibility for the Local Law Enforcement
Block Grant Program in the State of Louisiana, parish
sheriffs are to be considered the unit of local government
at the parish level under section 108 of H.R. 728: Provided
further, That $20,000,000 shall be available to carry out
section 102(2) of H.R. 728; of which $45,000,000 shall be
for grants to upgrade criminal records, as authorized by
section 106(b) of the Brady Handgun Violence Prevention
Act of 1993, as amended, and section 4(b) of the National
Child Protection Act of 1993; of which $350,000,000 shall
be for the State Criminal Alien Assistance Program, as au-
thorized by section 242(j) of the Immigration and National-
ity Act, as amended; of which $711,000,000 shall be for Vio-
lent Offender Incarceration and Truth in Sentencing Incen-
tive Grants pursuant to subtitle A of title II of the 1994
Act, of which $150,000,000 shall be available for payments
to States for incarceration of criminal aliens, of which
$25,000,000 shall be available for the Cooperative Agree-
ment Program, and of which $52,000,000 shall be for the
construction, renovation and repair of tribal detention fa-
cilities; of which $9,000,000 shall be for the Court Ap-
pointed Special Advocate Program, as authorized by section
218 of the 1990 Act; of which $2,000,000 shall be for Child
Abuse Training Programs for Judicial Personnel and Prac-
154
HR 4276 PP
titioners, as authorized by section 224 of the 1990 Act; of
which $210,750,000 shall be for Grants to Combat Violence
Against Women, to States, units of local government, and
Indian tribal governments, as authorized by section
1001(a)(18) of the 1968 Act, including $12,000,000 which
shall be used exclusively for the purpose of strengthening
civil legal assistance programs for victims of domestic vio-
lence, and $10,000,000 which shall be used exclusively for
violence on college campuses: Provided further, That, of
these funds, $5,200,000 shall be provided to the National
Institute of Justice for research and evaluation of violence
against women, $1,196,000 shall be provided to the Office
of the United States Attorney for the District of Columbia
for domestic violence programs in D.C. Superior Court, and
$10,000,000 shall be available to the Office of Juvenile Jus-
tice and Delinquency Prevention for the Safe Start Pro-
gram, to be administered as authorized by part C of the
Juvenile Justice and Delinquency Act of 1974, as amended;
of which $30,000,000 shall be for Grants to Encourage Ar-
rest Policies to States, units of local government, and In-
dian tribal governments, as authorized by section
1001(a)(19) of the 1968 Act; of which $25,000,000 shall be
for Rural Domestic Violence and Child Abuse Enforcement
Assistance Grants, as authorized by section 40295 of the
1994 Act; of which $5,000,000 shall be for training pro-
155
HR 4276 PP
grams to assist probation and parole officers who work with
released sex offenders, as authorized by section 40152(c) of
the 1994 Act, and for local demonstration projects; of which
$1,000,000 shall be for grants for televised testimony, as au-
thorized by section 1001(a)(7) of the 1968 Act; of which
$10,000,000 shall be for the Tribal Courts Initiative, in-
cluding $400,000 for the establishment of a Sioux Nation
Tribal Supreme Court; of which $63,000,000 shall be for
grants for residential substance abuse treatment for State
prisoners, as authorized by section 1001(a)(17) of the 1968
Act; of which $15,000,000 shall be for grants to States and
units of local government for projects to improve DNA anal-
ysis, as authorized by section 1001(a)(22) of the 1968 Act;
of which $900,000 shall be for the Missing Alzheimer’s Dis-
ease Patient Alert Program, as authorized by section
240001(c) of the 1994 Act; of which $2,000,000 shall be for
Motor Vehicle Theft Prevention Programs, as authorized by
section 220002(h) of the 1994 Act; of which $40,000,000
shall be for Drug Courts, as authorized by title V of the
1994 Act; of which $2,000,000 shall be for Law Enforcement
Family Support Programs, as authorized by section
1001(a)(21) of the 1968 Act; of which $2,000,000 shall be
for public awareness programs addressing marketing scams
aimed at senior citizens, as authorized by section 250005(3)
of the 1994 Act; and of which $100,000,000 shall be for Ju-
156
HR 4276 PP
venile Accountability Incentive Block Grants pursuant to
Title III of H.R. 3 as passed by the House of Representa-
tives on May 8, 1997, of which $9,523,685 shall be for dis-
cretionary grants: Provided further, That notwithstanding
the requirements of H.R. 3, a State, or unit of local govern-
ment within such State, shall be eligible for a grant under
this program if the Governor of the State certifies to the
Attorney General, consistent with guidelines established by
the Attorney General in consultation with Congress, that
the State is actively considering, or will consider within
one year from the date of such certification, legislation,
policies, or practices which if enacted would qualify the
State for a grant under section 1802 of H.R. 3: Provided
further, That 3 percent shall be available to the Attorney
General for research, evaluation, and demonstration con-
sistent with this program and 2 percent shall be available
to the Attorney General for training and technical assist-
ance consistent with this program: Provided further, That
not less than 45 percent of any grant provided to a State
or unit of local government shall be spent for the purposes
set forth in paragraphs (3) through (9), and not less than
35 percent shall be spent for the purposes set forth in para-
graphs (1), (2) and (10) of section 1801(b) of H.R. 3, unless
the State or unit of local government certifies to the Attor-
ney General or the State, whichever is appropriate, that
157
HR 4276 PP
the interests of public safety and juvenile crime control
would be better served by expending its grant for other pur-
poses set forth under section 1801(b) of H.R. 3: Provided
further, That the Federal share limitation in section
1805(e) of H.R. 3 shall be 50 percent in relation to the costs
of constructing a permanent juvenile corrections facility:
Provided further, That prior to receiving a grant under this
program, a unit of local government must establish a co-
ordinated enforcement plan for reducing juvenile crime, de-
veloped by a juvenile crime enforcement coalition, such coa-
lition consisting of individuals representing the police, sher-
iff, prosecutor, State or local probation services, juvenile
court, schools, business, and religious affiliated, fraternal,
non-profit, or social service organizations involved in crime
prevention: Provided further, That the conditions of sections
1802(a)(3) and 1802(b)(1)(C) of H.R. 3 regarding juvenile
adjudication records require a State or unit of local govern-
ment to make available to the Federal Bureau of Investiga-
tion records of delinquency adjudications which are treated
in a manner equivalent to adult records: Provided further,
That no State or unit of local government may receive a
grant under this program unless such State or unit of local
government has implemented, or will implement no later
than January 1, 1999, a policy of controlled substance test-
ing for appropriate categories of juveniles within the juve-
158
HR 4276 PP
nile justice system and funds received under this program
may be expended for such purpose: Provided further, That
the minimum allocation for each State under section
1803(a)(1)(A) of H.R. 3 shall be 0.5 percent: Provided fur-
ther, That the terms and conditions under this heading for
juvenile accountability incentive block grants are effective
for fiscal year 1999 only and upon the enactment of author-
ization legislation for juvenile accountability incentive
block grants, funding provided in this Act shall from that
date be subject to the provisions of that legislation and any
provisions in this Act that are inconsistent with that legis-
lation shall no longer have effect: Provided further, That
funds made available in fiscal year 1999 under subpart 1
of part E of title I of the 1968 Act may be obligated for
programs to assist States in the litigation processing of
death penalty Federal habeas corpus petitions and for drug
testing initiatives: Provided further, That if a unit of local
government uses any of the funds made available under this
title to increase the number of law enforcement officers, the
unit of local government will achieve a net gain in the num-
ber of law enforcement officers who perform nonadministra-
tive public safety service.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to im-
plement ‘‘Weed and Seed’’ program activities, $40,000,000,
159
HR 4276 PP
to remain available until expended, for intergovernmental
agreements, including grants, cooperative agreements, and
contracts, with State and local law enforcement agencies en-
gaged in the investigation and prosecution of violent crimes
and drug offenses in ‘‘Weed and Seed’’ designated commu-
nities, and for either reimbursements or transfers to appro-
priation accounts of the Department of Justice and other
Federal agencies which shall be specified by the Attorney
General to execute the ‘‘Weed and Seed’’ program strategy:
Provided, That funds designated by Congress through lan-
guage for other Department of Justice appropriation ac-
counts for ‘‘Weed and Seed’’ program activities shall be
managed and executed by the Attorney General through the
Executive Office for Weed and Seed: Provided further, That
the Attorney General may direct the use of other Depart-
ment of Justice funds and personnel in support of ‘‘Weed
and Seed’’ program activities only after the Attorney Gen-
eral notifies the Committees on Appropriations of the House
of Representatives and the Senate in accordance with sec-
tion 605 of this Act.
COMMUNITY ORIENTED POLICING SERVICES
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by the Violent Crime Control
and Law Enforcement Act of 1994, Public Law 103–322
(‘‘the 
1994 
Act’’) 
(including 
administrative 
costs),
160
HR 4276 PP
$1,400,000,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust
Fund, for Public Safety and Community Policing Grants
pursuant to title I of the 1994 Act: Provided, That not to
exceed 266 permanent positions and 266 full-time equiva-
lent workyears and $34,023,000 shall be expended for pro-
gram management and administration: Provided further,
That of the unobligated balances available in this program,
$120,960,000 shall be used for innovative community polic-
ing programs, of which $66,960,000 shall be used for a law
enforcement technology program, $1,000,000 shall be used
for police recruitment programs authorized under subtitle
H of title III of the 1994 Act, $15,500,000 shall be used
for policing initiatives to combat methamphetamine pro-
duction and trafficking, $12,500,000 shall be used for the
Community Policing to Combat Domestic Violence Program
pursuant to section 1701(d) of part Q of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended,
and $25,000,000 shall be used for the Matching Grant Pro-
gram for Law Enforcement Armor Vests pursuant to section
2501 of part Y of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended: Provided further, That up
to $54,000,000 shall be available to improve tribal law en-
forcement including equipment and training.
161
HR 4276 PP
In addition, for activities authorized by the 1994 Act,
$40,000,000 for the Police Corps program to remain avail-
able until expended, which shall be derived from the Violent
Crime Reduction Trust Fund.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and
other assistance authorized by the Juvenile Justice and De-
linquency Prevention Act of 1974, as amended, (‘‘the Act’’),
including salaries and expenses in connection therewith to
be transferred to and merged with the appropriations for
Justice Assistance, $277,597,000, to remain available until
expended, as authorized by section 299 of part I of title
II and section 506 of title V of the Act, as amended by
Public Law 102–586, of which (1) notwithstanding any
other provision of law, $6,847,000 shall be available for ex-
penses authorized by part A of title II of the Act,
$96,000,000 shall be available for expenses authorized by
part B of title II of the Act, and $45,750,000 shall be avail-
able for expenses authorized by part C of title II of the Act:
Provided, That $26,500,000 of the amounts provided for
part B of title II of the Act, as amended, is for the purpose
of providing additional formula grants under part B to
States that provide assurances to the Administrator that
the State has in effect (or will have in effect no later than
one year after date of application) policies and programs,
that ensure that juveniles are subject to accountability-based
162
HR 4276 PP
sanctions for every act for which they are adjudicated delin-
quent; (2) $12,000,000 shall be available for expenses au-
thorized by section 281 and 282 of part D of title II of
the Act for prevention and treatment programs relating to
juvenile gangs; (3) $10,000,000 shall be available for ex-
penses authorized by section 285 of part E of title II of
the Act; (4) $12,000,000 shall be available for expenses au-
thorized by part G of title II of the Act for juvenile mentor-
ing programs; and (5) $95,000,000 shall be available for
expenses authorized by title V of the Act for incentive grants
for local delinquency prevention programs; of which
$20,000,000 shall be for delinquency prevention, control,
and system improvement programs for tribal youth; of
which $25,000,000 shall be available for grants of $360,000
to each state and $6,640,000 shall be available for discre-
tionary grants to states, for programs and activities to en-
force state laws prohibiting the sale of alcoholic beverages
to minors or the purchase or consumption of alcoholic bev-
erages by minors, prevention and reduction of consumption
of alcoholic beverages by minors, and for technical assist-
ance and training: Provided further, That upon the enact-
ment of reauthorization legislation for Juvenile Justice Pro-
grams under the Juvenile Justice and Delinquency Preven-
tion Act of 1974, as amended, funding provisions in this
Act shall from that date be subject to the provisions of that
163
HR 4276 PP
legislation and any provisions in this Act that are incon-
sistent with that legislation shall no longer have effect: Pro-
vided further, That of amounts made available under the
Juvenile Justice Programs of the Office of Justice Programs
to carry out part B (relating to Federal Assistance for State
and Local Programs), subpart II of part C (relating to Spe-
cial Emphasis Prevention and Treatment Programs), part
D (relating to Gang-Free Schools and Communities and
Community-Based Gang Intervention), part E (relating to
State Challenge Activities), and part G (relating to Mentor-
ing) of title II of the Juvenile Justice and Delinquency Pre-
vention Act of 1974, and to carry out the At-Risk Children’s
Program under title V of that Act, not more than 10 percent
of each such amount may be used for research, evaluation,
and statistics activities designed to benefit the programs or
activities authorized under the appropriate part or title,
and not more than 2 percent of each such amount may be
used for training and technical assistance activities de-
signed to benefit the programs or activities authorized
under that part or title.
In addition, for grants, contracts, cooperative agree-
ments, and other assistance authorized by the Victims of
Child Abuse Act of 1990, as amended, $7,000,000, to remain
available until expended, as authorized by section 214B of
the Act.
164
HR 4276 PP
PUBLIC SAFETY OFFICERS BENEFITS
To remain available until expended, for payments au-
thorized by part L of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796), as amended,
such sums as are necessary, as authorized by section 6093
of Public Law 100–690 (102 Stat. 4339–4340).
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
SEC. 101. In addition to amounts otherwise made
available in this title for official reception and representa-
tion expenses, a total of not to exceed $45,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses in accordance with distribu-
tions, procedures, and regulations established by the Attor-
ney General.
SEC. 102. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were car-
ried to term, or in the case of rape: Provided, That should
this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
SEC. 103. None of the funds appropriated under this
title shall be used to require any person to perform, or fa-
cilitate in any way the performance of, any abortion.
165
HR 4276 PP
SEC. 104. Nothing in the preceding section shall re-
move the obligation of the Director of the Bureau of Prisons
to provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the
effect of section 103 intended to address the philosophical
beliefs of individual employees of the Bureau of Prisons.
SEC. 105. Notwithstanding any other provision of law,
not to exceed $10,000,000 of the funds made available in
this Act may be used to establish and publicize a program
under which publicly-advertised, extraordinary rewards
may be paid, which shall not be subject to spending limita-
tions contained in sections 3059 and 3072 of title 18,
United States Code: Provided, That any reward of $100,000
or more, up to a maximum of $2,000,000, may not be made
without the personal approval of the President or the Attor-
ney General and such approval may not be delegated.
SEC. 106. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Depart-
ment of Justice in this Act, including those derived from
the Violent Crime Reduction Trust Fund, may be trans-
ferred between such appropriations, but no such appropria-
tion, except as otherwise specifically provided, shall be in-
creased by more than 10 percent by any such transfers: Pro-
vided, That any transfer pursuant to this section shall be
166
HR 4276 PP
treated as a reprogramming of funds under section 605 of
this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
SEC. 107. Any amounts credited to the ‘‘Legalization
Account’’ established under section 245(c)(7)(B) of the Im-
migration and Nationality Act (8 U.S.C. 1255a(c)(7)(B))
are transferred to the ‘‘Examinations Fee Account’’ estab-
lished under section 286(m) of that Act (8 U.S.C. 1356(m)).
SEC. 108. 28 U.S.C. Section 589a(b) is amended—
(1) by striking ‘‘and’’ in paragraph (7);
(2) by striking the period in paragraph (8) and
inserting in lieu thereof ‘‘; and’’; and
(3) by adding a new paragraph as follows:
‘‘(9) interest earned on Fund investments.’’.
SEC. 109. Notwithstanding any other provision of law,
during fiscal year 1999, the Assistant Attorney General for
the Office of Justice Programs of the Department of Jus-
tice—
(1) may make grants, or enter into cooperative
agreements and contracts, for the Office of Justice
Programs and the component organizations of that
Office; and
(2) shall have final authority over all grants, co-
operative agreements, and contracts made, or entered
167
HR 4276 PP
into, for the Office of Justice Programs and the com-
ponent organizations of that Office.
SEC. 110. (a) ADJUSTMENT
OF STATUS.—Section
245(i) of the Immigration and Nationality Act (8 U.S.C.
1255(i)) is amended—
(1) in paragraph (1), by amending the first sen-
tence to read as follows: ‘‘Notwithstanding the provi-
sions of subsections (a) and (c) of this section, an
alien physically present in the United States who—
‘‘(A) entered the United States without in-
spection; or
‘‘(B) is within one of the classes enumerated
in subsection (c) of this section,
may apply to the Attorney General for the adjustment
of his or her status to that of an alien lawfully admit-
ted for permanent residence.’’; and
(2) in paragraph (3)(B), by striking ‘‘Breach
Bond/Detention 
Fund 
established 
under 
section
286(r)’’ and inserting ‘‘Immigration Detention and
Naturalization Activity Account established under
section 286(s)’’.
(b) REPEAL.—
(1) IN GENERAL.—Section 245(k) of the Immi-
gration and Nationality Act (8 U.S.C. 1255(k)) is re-
pealed.
168
HR 4276 PP
(2) 
CONFORMING
AMENDMENT.—Section
245(c)(2) of the Immigration and Nationality Act (8
U.S.C. 1255(c)(2)) is amended by striking ‘‘subject to
subsection (k),’’.
(c) IMMIGRATION DETENTION AND NATURALIZATION
ACTIVITY ACCOUNT.—Section 286 of the Immigration and
Nationality Act (8 U.S.C. 1356) is amended by adding at
the end the following new subsection:
‘‘(s) IMMIGRATION DETENTION AND NATURALIZATION
ACTIVITY ACCOUNT.—
‘‘(1) ESTABLISHMENT.—There is established in
the general fund of the Treasury a separate account
which shall be known as the ‘Immigration Detention
And Naturalization Activity Account’. Notwithstand-
ing any other section of this title, there shall be depos-
ited as offsetting receipts into the Immigration Deten-
tion And Naturalization Activity Account amounts
described in section 245(i)(3)(B) to remain available
until expended.
‘‘(2) USES OF THE ACCOUNT.—
‘‘(A) IN
GENERAL.—The Secretary of the
Treasury shall refund out of the Immigration
Detention And Naturalization Activity Account
to any appropriation the amount paid out of
such appropriation for expenses incurred by the
170
HR 4276 PP
House of Representatives and the Senate in ac-
cordance with section 605 of Public Law 104–
134.
‘‘(3) ANNUAL REPORTS.—The Attorney General
shall annually submit to Congress a report setting
forth—
‘‘(A) the financial condition of the Immi-
gration Detention And Naturalization Activity
Account for the current fiscal year, including be-
ginning account balance, revenues, withdrawals,
and ending account balance; and
‘‘(B) projections for revenues, withdrawals,
and the beginning and ending account balances
for the next fiscal year.’’.
(d) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply to applications for adjustment of sta-
tus filed on or after the end of the 90-day period beginning
on the date of enactment of this Act.
SEC. 111. Notwithstanding any other provision of law,
with respect to any grant program for which amounts are
made available under this title, the term ‘‘tribal’’ means
of or relating to an Indian tribe (as that term is defined
in section 102(2) of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 479a(2))).
171
HR 4276 PP
SEC. 112. Section 286(e)(1)(C) of the Immigration and
Nationality Act (8 U.S.C. 1356(e)(1)(C)) is amended by in-
serting ‘‘State’’ and a comma immediately before ‘‘terri-
tory’’.
SEC. 113. For fiscal year 1999 and thereafter, the Di-
rector of the Bureau of Prisons may make expenditures out
of the Commissary Fund of the Federal Prison System, re-
gardless of whether any such expenditure is security-related,
for programs, goods, and services for the benefit of inmates
(to the extent the provision of those programs, goods, or
services to inmates is not otherwise prohibited by law), in-
cluding—
(1) the installation, operation, and maintenance
of the Inmate Telephone System;
(2) the payment of all the equipment purchased
or leased in connection with the Inmate Telephone
System; and
(3) the salaries, benefits, and other expenses of
personnel who install, operate, and maintain the In-
mate Telephone System.
SEC. 114. (a)(1) Notwithstanding any other provision
of law, for fiscal year 1999 and thereafter, the Attorney
General may obligate any funds appropriated for or reim-
bursed to the Counterterrorism programs, projects or activi-
ties of the Department of Justice to purchase or lease equip-
172
HR 4276 PP
ment or any related items, or to acquire interim services,
without regard to any otherwise applicable Federal acquisi-
tion rule, if the Attorney General determines that—
(A) there is an exigent need for the equipment,
related items, or services in order to support an ongo-
ing counterterrorism, national security, or computer-
crime investigation or prosecution;
(B) the equipment, related items, or services re-
quired are not available within the Department of
Justice; and
(C) adherence to that Federal acquisition rule
would—
(i) delay the timely acquisition of the equip-
ment, related items, or services; and
(ii) 
adversely 
affect 
an 
ongoing
counterterrorism, national security, or computer-
crime investigation or prosecution.
(2) In this subsection, the term ‘‘Federal acquisition
rule’’ means any provision of title II or IX of the Federal
Property and Administrative Services Act of 1949, the Of-
fice of Federal Procurement Policy Act, the Small Business
Act, the Federal Acquisition Regulation, or any other provi-
sion of law or regulation that establishes policies, proce-
dures, requirements, conditions, or restrictions for procure-
173
HR 4276 PP
ments by the head of a department or agency or the Federal
Government.
(b) The Attorney General shall immediately notify the
Committees on Appropriations of the House of Representa-
tives and the Senate in writing of each expenditure under
subsection (a), which notification shall include sufficient
information to explain the circumstances necessitating the
exercise of the authority under that subsection.
SEC. 115. Section 210501(b)(1)(A) of the Violent
Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14151(b)(1)(A)) is amended by inserting ‘‘and pro-
vide investigative assistance to tribal law enforcement agen-
cies’’ before the semicolon.
SEC. 116. (a) Section 110 of division C of Public Law
104–208 is repealed.
(b)(1) Paragraph (2) of section 104(b) of that Act is
amended to read as follows:
‘‘(2) CLAUSE B.—Clause (B) of such sentence
shall apply as follows:
‘‘(A) As of October 1, 2000, to not less than
25 percent of the border crossing identification
cards in circulation as of April 1, 1998.
‘‘(B) As of October 1, 2001, to not less than
50 percent of such cards in circulation as of
April 1, 1998.
174
HR 4276 PP
‘‘(C) As of October 1, 2002, to not less than
75 percent of such cards in circulation as of
April 1, 1998.
‘‘(D) As of October 1, 2003, to all such
cards in circulation as of April 1, 1998.’’.
(2) Such section 104(b) is further amended by adding
at the end the following:
‘‘(3) If the Secretary of State and the Attorney
General jointly determine that sufficient capacity ex-
ists to replace border crossing identification cards in
advance of any of the deadlines otherwise provided for
under paragraph (2), the Secretary and the Attorney
General may by regulation advance such deadlines.’’.
SEC. 117. (a) The President shall, with the submission
of the President’s fiscal year 2000 budget request, submit
a Chapter in the Analytical Perspectives Volume (referred
to in this section as the ‘‘Chapter’’) presenting the specific
dollar amounts budgeted, by appropriation account and by
line item, for counterterrorism and antiterrorism programs,
projects, or activities.
(b) The Chapter shall provide a narrative outline of
the content of, and detail the amounts budgeted for, each
program, project, or activity for fiscal years 1998, 1999,
2000, and the succeeding 5 years of the Federal
Counterterrorism Strategy.
175
HR 4276 PP
(c) If the President determines that certain portions
of the information contained in the Chapter are of a sen-
sitive, classified nature, then the President shall submit to
Congress a classified version of the Chapter along with the
unclassified version published in the Analytical Perspec-
tives Volume of the President’s fiscal year 2000 budget re-
quest.
SEC. 118. Section 402(a) of the Controlled Substances
Act (21 U.S.C. 842(a)) is amended—
(1) in paragraph (5), by inserting ‘‘knowingly’’
after ‘‘(5)’’; and
(2) in paragraph (10), by inserting ‘‘knowingly’’
after ‘‘(10)’’.
SEC. 119. Section 402(c)(1) of the Controlled Sub-
stances Act (21 U.S.C. 842(c)(1)) is amended—
(1) by striking ‘‘Except as provided in para-
graph (2), any person who violates this section shall’’
and inserting ‘‘(A) Subject to subparagraph (B) of
this paragraph and paragraph (2), any person who
violates this section may’’; and
(2) by adding at the end the following:
‘‘(B) In the case of a violation of paragraph
(5) or (10) of subsection (a) in which, a result
of the violation, no unauthorized person obtains
176
HR 4276 PP
unlawful control of a controlled substance, the
civil penalty shall be not more than $500.’’.
SEC. 120. The General Accounting Office shall—
(1) monitor the compliance of the Department of
Justice and all United States Attorneys with the
‘‘Guidance on the Use of the False Claims Act in
Civil Health Care Matters’’ issued by the Department
of Justice on June 3, 1998, including any revisions
to that guidance; and
(2) not later than February 1, 1999, and again
not later than August 2, 1999, submit a report on
such compliance to the Committees on the Judiciary
and the Committees on Appropriations of the Senate
and the House of Representatives.
SEC. 121. FIREARMS SAFETY. (a) SECURE GUN STOR-
AGE DEVICE.—Section 921(a) of title 18, United States
Code, is amended by adding at the end the following:
‘‘(34) The term ‘secure gun storage or safety device’
means—
‘‘(A) a device that, when installed on a firearm,
is designed to prevent the firearm from being operated
without first deactivating the device;
‘‘(B) a device incorporated into the design of the
firearm that is designed to prevent the operation of
177
HR 4276 PP
the firearm by anyone not having access to the device;
or
‘‘(C) a safe, gun safe, gun case, lock box, or other
device that is designed to be or can be used to store
a firearm and that is designed to be unlocked only by
means of a key, a combination, or other similar
means.’’.
(b) CERTIFICATION REQUIRED IN APPLICATION FOR
DEALER’S LICENSE.—Section 923(d)(1) of title 18, United
States Code, is amended—
(1) in subparagraph (E), by striking ‘‘and’’ at
the end;
(2) in subparagraph (F), by striking the period
at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(G) in the case of an application to be licensed
as a dealer, the applicant certifies that secure gun
storage or safety devices will be available at any place
in which firearms are sold under the license to per-
sons who are not licensees (subject to the exception
that in any case in which a secure gun storage or
safety device is temporarily unavailable because of
theft, casualty loss, consumer sales, backorders from a
manufacturer, or any other similar reason beyond the
control of the licensee, the dealer shall not be consid-
178
HR 4276 PP
ered to be in violation of the requirement under this
subparagraph to make available such a device).’’.
(c) REVOCATION OF DEALER’S LICENSE FOR FAILURE
TO HAVE SECURE GUN STORAGE OR SAFETY DEVICES
AVAILABLE.—The first sentence of section 923(e) of title 18,
United States Code, is amended by inserting before the pe-
riod at the end the following: ‘‘or fails to have secure gun
storage or safety devices available at any place in which
firearms are sold under the license to persons who are not
licensees (except that in any case in which a secure gun
storage or safety device is temporarily unavailable because
of theft, casualty loss, consumer sales, backorders from a
manufacturer, or any other similar reason beyond the con-
trol of the licensee, the dealer shall not be considered to be
in violation of the requirement to make available such a
device)’’.
(d) STATUTORY CONSTRUCTION; EVIDENCE.—
(1) STATUTORY CONSTRUCTION.—Nothing in the
amendments made by this section shall be con-
strued—
(A) as creating a cause of action against
any firearms dealer or any other person for any
civil liability; or
(B) as establishing any standard of care.
179
HR 4276 PP
(2) EVIDENCE.—Notwithstanding any other pro-
vision of law, evidence regarding compliance or non-
compliance with the amendments made by this section
shall not be admissible as evidence in any proceeding
of any court, agency, board, or other entity.
(e) EFFECTIVE DATE.—The amendments made by this
section shall take effect 180 days after the date of enactment
of this Act.
SEC. 122. FIREARM SAFETY EDUCATION GRANTS. (a)
IN GENERAL.—Section 510 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3760) is amend-
ed—
(1) in subsection (a), by striking paragraph (1)
and inserting the following:
‘‘(1) undertaking educational and training pro-
grams for—
‘‘(A) criminal justice personnel; and
‘‘(B) the general public, with respect to the
lawful and safe ownership, storage, carriage, or
use of firearms, including the provision of secure
gun storage or safety devices;’’;
(2) in the first sentence of subsection (b), by in-
serting before the period the following: ‘‘and is au-
thorized to make grants to, or enter into contracts
with, those persons and entities to carry out the pur-
180
HR 4276 PP
poses specified in subsection (a)(1)(B) in accordance
with subsection (c)’’; and
(3) by adding at the end the following:
‘‘(c)(1) In accordance with this subsection, the Director
may make a grant to, or enter into a contract with, any
person or entity referred to in subsection (b) to provide for
a firearm safety program that, in a manner consistent with
subsection (a)(1)(B), provides for general public training
and dissemination of information concerning firearm safe-
ty, secure gun storage, and the lawful ownership, carriage,
or use of firearms, including the provision of secure gun
storage or safety devices.
‘‘(2) Funds made available under a grant under para-
graph (1) may not be used (either directly or by supplant-
ing non-Federal funds) for advocating or promoting gun
control, including making communications that are in-
tended to directly or indirectly affect the passage of Federal,
State, or local legislation intended to restrict or control the
purchase or use of firearms.
‘‘(3) Except as provided in paragraph (4), each fire-
arm safety program that receives funding under this sub-
section shall provide for evaluations that shall be developed
pursuant to guidelines that the Director of the National In-
stitute of Justice of the Department of Justice, in consulta-
tion with the Director of the Bureau of Justice Assistance
181
HR 4276 PP
and recognized private entities that have expertise in fire-
arms safety, education and training, shall establish.
‘‘(4) With respect to a firearm safety program that re-
ceives funding under this section, the Director may waive
the evaluation requirement described in paragraph (3) if
the Director determines that the program—
‘‘(A) is not of a sufficient size to justify an eval-
uation; or
‘‘(B) is designed primarily to provide material
resources and supplies, and that activity would not
justify an evaluation.’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the earlier of—
(1) October 1, 1998; or
(2) the date of enactment of this Act.
SEC. 123. FIREARMS. Section 922 of title 18, United
States Code, is amended—
(1) in subsection (d), by striking paragraph (5)
and inserting the following:
‘‘(5) who, being an alien—
‘‘(A) is illegally or unlawfully in the United
States; or
‘‘(B) except as provided in subsection
(y)(2), has been admitted to the United States
under a nonimmigrant visa (as that term is de-
182
HR 4276 PP
fined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));’’;
(2) in subsection (g), by striking paragraph (5)
and inserting the following:
‘‘(5) who, being an alien—
‘‘(A) is illegally or unlawfully in the United
States; or
‘‘(B) except as provided in subsection
(y)(2), has been admitted to the United States
under a nonimmigrant visa (as that term is de-
fined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));’’;
(3) in subsection (s)(3)(B), by striking clause (v)
and inserting the following:
‘‘(v) is not an alien who—
‘‘(I) is illegally or unlawfully in
the United States; or
‘‘(II) subject to subsection (y)(2),
has been admitted to the United States
under a nonimmigrant visa (as that
term is defined in section 101(a)(26) of
the Immigration and Nationality Act
(8 U.S.C. 1101(a)(26)));’’; and
(4) by inserting after subsection (x) the follow-
ing:
183
HR 4276 PP
‘‘(y) PROVISIONS RELATING
TO ALIENS ADMITTED
UNDER NONIMMIGRANT VISAS.—
‘‘(1) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘alien’ has the same meaning
as in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)); and
‘‘(B) the term ‘nonimmigrant visa’ has the
same meaning as in section 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(26)).
‘‘(2) 
EXCEPTIONS.—Subsections 
(d)(5)(B),
(g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any
alien who has been lawfully admitted to the United
States under a nonimmigrant visa, if that alien is—
‘‘(A) admitted to the United States for law-
ful hunting or sporting purposes or is in posses-
sion of a hunting license or permit lawfully
issued in the United States;
‘‘(B) an official representative of a foreign
government who is—
‘‘(i) accredited to the United States
Government or the Government’s mission to
an international organization having its
headquarters in the United States; or
184
HR 4276 PP
‘‘(ii) en route to or from another coun-
try to which that alien is accredited;
‘‘(C) an official of a foreign government or
a distinguished foreign visitor who has been so
designated by the Department of State; or
‘‘(D) a foreign law enforcement officer of a
friendly foreign government entering the United
States on official law enforcement business.
‘‘(3) WAIVER.—
‘‘(A) CONDITIONS FOR WAIVER.—Any indi-
vidual who has been admitted to the United
States under a nonimmigrant visa may receive
a waiver from the requirements of subsection
(g)(5), if—
‘‘(i) the individual submits to the At-
torney General a petition that meets the re-
quirements of subparagraph (C); and
‘‘(ii) the Attorney General approves the
petition.
‘‘(B) PETITION.—Each petition under sub-
paragraph (B) shall—
‘‘(i) demonstrate that the petitioner has
resided in the United States for a continu-
ous period of not less than 180 days before
185
HR 4276 PP
the date on which the petition is submitted
under this paragraph; and
‘‘(ii) include a written statement from
the embassy or consulate of the petitioner,
authorizing the petitioner to acquire a fire-
arm or ammunition and certifying that the
alien would not, absent the application of
subsection (g)(5)(B), otherwise be prohibited
from such acquisition under subsection (g).
‘‘(C) APPROVAL OF PETITION.—The Attor-
ney General shall approve a petition submitted
in accordance with this paragraph, if the Attor-
ney General determines that waiving the require-
ments of subsection (g)(5)(B) with respect to the
petitioner—
‘‘(i) would be in the interests of justice;
and
‘‘(ii) would not jeopardize the public
safety.’’.
SEC. 124. MENTAL HEALTH SCREENING AND TREAT-
MENT FOR PRISONERS. (a) ADDITIONAL REQUIREMENTS
FOR THE USE OF FUNDS UNDER THE VIOLENT OFFENDER
INCARCERATION AND TRUTH-IN-SENTENCING GRANTS PRO-
GRAM.—Section 20105(b) of the Violent Crime Control and
Law Enforcement Act of 1994 is amended to read as follows:
186
HR 4276 PP
‘‘(b) ADDITIONAL REQUIREMENTS.—
‘‘(1) ELIGIBILITY FOR GRANT.—To be eligible to
receive a grant under section 20103 or 20104, a State
shall, not later than January 1, 1999, have a pro-
gram of mental health screening and treatment for
appropriate categories of convicted juvenile and other
offenders during periods of incarceration and juvenile
and criminal justice supervision, that is consistent
with guidelines issued by the Attorney General.
‘‘(2) USE OF FUNDS.—
‘‘(A) IN
GENERAL.—Notwithstanding any
other provision of this subtitle, amounts made
available to a State under section 20103 or
20104 may be applied to the costs of programs
described in paragraph (1), consistent with
guidelines issued by the Attorney General.
‘‘(B) ADDITIONAL
USE.—In addition to
being used as specified in subparagraph (A), the
funds referred to in that subparagraph may be
used by a State to pay the costs of providing to
the Attorney General a baseline study on the
mental health problems of juvenile offenders and
prisoners in the State, which study shall be con-
sistent with guidelines issued by the Attorney
General.’’.
187
HR 4276 PP
SEC. 125. Section 3486(a)(1) of title 18, United States
Code, is amended by inserting ‘‘or any act or activity in-
volving a Federal offense relating to the sexual exploitation
or other abuse of children,’’ after ‘‘health care offense,’’.
SEC. 126. Section 505 of the Incentive Grants for Local
Delinquency Prevention Programs Act (42 U.S.C. 5784) is
amended—
(1) in subsection (a)—
(A) in paragraph (6), by striking ‘‘and’’ at
the end;
(B) in paragraph (7), by striking the period
at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(8) court supervised initiatives that address the
illegal possession of firearms by juveniles.’’; and
(2) in subsection (c)—
(A) in the matter preceding paragraph (1),
by striking ‘‘demonstrate ability in’’;
(B) in paragraph (1), by inserting ‘‘have in
effect’’ after ‘‘(1)’’;
(C) in paragraph (2)—
(i) by inserting ‘‘have developed’’ after
‘‘(2)’’; and
(ii) by striking ‘‘and’’ at the end;
(D) in paragraph (3)—
188
HR 4276 PP
(i) by inserting ‘‘are actively’’ after
‘‘(3)’’; and
(ii) by striking the period at the end
and inserting ‘‘; and’’; and
(E) by adding at the end the following:
‘‘(4) have in effect a policy or practice that re-
quires State and local law enforcement agencies to de-
tain for not less than 24 hours any juvenile who un-
lawfully possesses a firearm in a school, upon a find-
ing by a judicial officer that the juvenile may be a
danger to himself or herself, or to the community.’’.
SEC. 127. INTENSIVE FIREARMS ENFORCEMENT INI-
TIATIVES. (a)(1) The Secretary of the Treasury shall en-
deavor to expand the number of cities and counties directly
participating in the Youth Crime Gun Interdiction Initia-
tive, as enhanced in this section (and referred hereafter to
as ‘‘YCGII/Exile’’) to 50 cities or counties by October 1,
2000, to 75 cities or counties by October 1, 2002, and to
150 cities or counties by October 1, 2003.
(2) Cities and counties selected for participation in the
YCGII/Exile shall be selected by the Secretary of the Treas-
ury and in consultation with Federal, State and local law
enforcement officials. Not later than February 1, 1999, the
Secretary shall deliver to the Congress, through the Chair-
man of each Committee on Appropriations, a full report,
189
HR 4276 PP
empirically based, explaining the impact of the pre-existing
youth crime gun interdiction initiative on Federal firearms
related offenses. The report shall also state in detail the
plans by the Secretary to implement this section and the
establishment of YCGII/Exile program.
(b)(1) The Secretary of the Treasury shall, utilizing
the information provided by the YCGII/Exile, facilitate the
identification and prosecution of individuals—
(A) illegally transferring firearms to individuals,
particularly to those who have not attained 24 years
of age, or in violation of the Youth Handgun Safety
Act; and
(B) illegally possessing firearms, particularly in
violation of section 922(g) (1)–(2) of title 18, United
States Code, or in violation of any provision in sec-
tion 924 of title 18, United States Code, in connection
with a serious drug offense or violent felony, as those
terms are used in that section.
(2) Within funds appropriated in this Act for nec-
essary expenses of the Offices of United States Attorneys,
$1,500,000 shall be available for the Attorney General to
hire additional assistant United States Attorneys and in-
vestigators in the City of Philadelphia, Pennsylvania, for
a demonstration project to identify and prosecute individ-
uals in possession of firearms in violation of Federal law.
190
HR 4276 PP
(3) The Attorney General, and the United States Attor-
neys, shall give the highest possible prosecution priority to
the offenses stated in this subsection.
(4) The Secretary of the Treasury shall share informa-
tion derived from the YCGII/Exile with State and local law
enforcement agencies through on-line computer access, as
soon as such capability is available.
(c)(1) The Secretary of the Treasury shall award
grants (in the form of funds or equipment) to States, cities,
and counties for purposes of assisting such entities in the
tracing of firearms and participation in the YCGII/Exile.
(2) Grants made under this part shall be used—
(A) to hire additional law enforcement personnel
for the purpose of enhanced efforts in identifying and
arresting individuals for the firearms offenses stated
in subsection (b); and
(B) to purchase additional equipment, including
automatic data processing equipment and computer
software and hardware, for the timely submission and
analysis of tracing data.
SEC. 128. Section 170102 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14072) is
amended—
(1) in subsection (a)(2), by striking ‘‘or’’;
191
HR 4276 PP
(2) in subsection (g)(3), by striking ‘‘minimally
sufficient’’ and inserting ‘‘State sexual offender’’; and
(3) by amending subsection (i) to read as fol-
lows:
‘‘(i) PENALTY.—A person who is—
‘‘(1) required to register under paragraph (1),
(2), or (3) of subsection (g) of this section and know-
ingly fails to comply with this section;
‘‘(2) required to register under a sexual offender
registration program in the person’s State of resi-
dence and knowingly fails to register in any other
State in which the person is employed, carries on a
vocation, or is a student;
‘‘(3) described in section 4042(c)(4) of title 18,
United States Code, and knowingly fails to register in
any State in which the person resides, is employed,
carries on a vocation, or is a student following release
from prison or sentencing to probation; or
‘‘(4) sentenced by a court martial for conduct in
a category specified by the Secretary of Defense under
section 115(a)(8)(C) of title I of Public Law 105–119,
and knowingly fails to register in any State in which
the person resides, is employed, carries on a vocation,
or is a student following release from prison or sen-
tencing to probation, shall, in the case of a first of-
192
HR 4276 PP
fense under this subsection, be imprisoned for not
more than 1 year and, in the case of a second or sub-
sequent offense under this subsection, be imprisoned
for not more than 10 years.’’.
SEC. 129. (a) IN GENERAL.—Section 200108 of the Po-
lice Corps Act (42 U.S.C. 14097) is amended by striking
subsection (b) and inserting the following:
‘‘(b) TRAINING SESSIONS.—A participant in a State
Police Corps program shall attend up to 24 weeks, but no
less than 16 weeks, of training at a residential training
center. The Director may approve training conducted in not
more than 3 separate sessions.’’.
(b) CONFORMING AMENDMENT.—Section 200108 (c) of
the Police Corps Act (42 U.S.C. 14097(c)) is amended by
striking ‘‘16 weeks of’’.
(c) REAUTHORIZATION.—Section 200112 of the Police
Corps Act (42 U.S.C. 14101) is amended by striking
‘‘$20,000’’ and all that follows before the period and insert-
ing ‘‘$50,000,000 for fiscal year 1999, $70,000,000 for fiscal
year 2000, $90,000,000 for fiscal year 2001, and
$90,000,000 for fiscal year 2002’’.
SEC. 130. INTERNET PREDATOR PREVENTION. (a)
PROHIBITION AND PENALTIES.—Chapter 110 of title 18,
United States Code, is amended by adding at the end the
following:
193
HR 4276 PP
‘‘§ 2261. Publication of identifying information relat-
ing to a minor for criminal sexual pur-
poses
‘‘(a) DEFINITION OF IDENTIFYING INFORMATION RE-
LATING TO A MINOR.—In this section, the term ‘identifying
information relating to a minor’ includes the name, ad-
dress, telephone number, social security number, or e-mail
address of a minor.
‘‘(b) 
PROHIBITION
AND
PENALTIES.—Whoever,
through the use of any facility in or affecting interstate or
foreign commerce (including any interactive computer serv-
ice) publishes, or causes to be published, any identifying
information relating to a minor who has not attained the
age of 17 years, for the purpose of soliciting any person
to engage in any sexual activity for which the person can
be charged with criminal offense under Federal or State
law, shall be imprisoned not less than 1 and not more than
5 years, fined under this title, or both.’’.
(b) TECHNICAL AMENDMENT.—The analysis for chap-
ter 110 of title 18, United States Code, is amended by add-
ing at the end the following:
‘‘2261. Publication of identifying information relating to a minor for criminal
sexual purposes.’’.
SEC. 131. TRANSFER OF COUNTY.— (a) Section 118
of title 28, United States Code, is amended—
195
HR 4276 PP
‘‘(f) SPECIAL MASTERS FOR CIVIL ACTIONS CONCERN-
ING PRISON CONDITIONS.—’’; and
(2) in paragraph (4)—
(A) by inserting ‘‘(A)’’ after ‘‘(4)’’;
(B) in subparagraph (A), as so designated,
by adding at the end the following: ‘‘In no event
shall a court require a party to a civil action
under this subsection to pay the compensation,
expenses, or costs of a special master. Notwith-
standing any other provision of law (including
section 306 of the Act entitled ‘An Act making
appropriations for the Departments of Com-
merce, Justice, and State, the Judiciary, and re-
lated agencies for the fiscal year ending Septem-
ber 30, 1997,’ contained in section 101(a) of title
I of division A of the Act entitled ‘An Act mak-
ing omnibus consolidated appropriations for the
fiscal year ending September 30, 1997’ (110
Stat. 3009–201)) and except as provided in sub-
paragraph (B), the requirement under the pre-
ceding sentence shall apply to the compensation
and payment of expenses or costs of a special
master for any action that is commenced, before,
on, or after the date of enactment of the Prison
Litigation Reform Act of 1995.’’; and
196
HR 4276 PP
(C) by adding at the end the following:
‘‘(B) The payment requirements under subparagraph
(A) shall not apply to the payment to a special master who
was appointed before the date of enactment of the Prison
Litigation Reform Act of 1995 (110 Stat. 1321–165 et seq.)
of compensation, expenses, or costs relating to activities of
the special master under this subsection that were carried
out during the period beginning on the date of enactment
of the Prison Litigation Reform Act of 1995 and ending
on the date of enactment of this subparagraph.’’.
SEC. 133. CRIMINAL BACKGROUND CHECKS FOR AP-
PLICANTS FOR EMPLOYMENT IN NURSING FACILITIES AND
HOME HEALTH CARE AGENCIES. (a) AUTHORITY TO CON-
DUCT BACKGROUND CHECKS.—
(1) IN GENERAL.—A nursing facility or home
health care agency may submit a request to the Attor-
ney General to conduct a search and exchange of
records described in subsection (b) regarding an ap-
plicant for employment if the employment position is
involved in direct patient care.
(2) SUBMISSION OF REQUESTS.—A nursing fa-
cility or home health care agency requesting a search
and exchange of records under this section shall sub-
mit to the Attorney General a copy of an employment
applicant’s fingerprints, a statement signed by the
197
HR 4276 PP
applicant authorizing the nursing facility or home
health care agency to request the search and exchange
of records, and any other identification information
not more than 7 days (excluding Saturdays, Sundays,
and legal public holidays under section 6103(a) of
title 5, United States Code) after acquiring the finger-
prints, signed statement, and information.
(b) SEARCH AND EXCHANGE OF RECORDS.—Pursuant
to any submission that complies with the requirements of
subsection (a), the Attorney General shall search the records
of the Criminal Justice Information Services Division of
the Federal Bureau of Investigation for any criminal his-
tory records corresponding to the fingerprints or other iden-
tification information submitted. The Attorney General
shall provide any corresponding information resulting from
the search to the appropriate State or local governmental
agency authorized to receive such information.
(c) USE OF INFORMATION.—Information regarding an
applicant for employment in a nursing facility or home
health care agency obtained pursuant to this section may
be used only by the facility or agency requesting the infor-
mation and only for the purpose of determining the suit-
ability of the applicant for employment by the facility or
agency in a position involved in direct patient care.
198
HR 4276 PP
(d) FEES.—The Attorney General may charge a rea-
sonable fee, not to exceed $50 per request, to any nursing
facility or home health care agency requesting a search and
exchange of records pursuant to this section to cover the
cost of conducting the search and providing the records.
(e) REPORT.—Not later than 2 years after the date of
enactment of this Act, the Attorney General shall submit
a report to Congress on the number of requests for searches
and exchanges of records made under this section by nurs-
ing facilities and home health care agencies and the disposi-
tion of such requests.
(f) CRIMINAL PENALTY.—Whoever knowingly uses any
information obtained pursuant to this section for a purpose
other than as authorized under subsection (c) shall be fined
in accordance with title 18, United States Code, imprisoned
for not more than 2 years, or both.
(g) IMMUNITY FROM LIABILITY.—A nursing facility or
home health care agency that, in denying employment for
an applicant, reasonably relies upon information provided
by the Attorney General pursuant to this section shall not
be liable in any action brought by the applicant based on
the employment determination resulting from the incom-
pleteness or inaccuracy of the information.
(h) REGULATIONS.—The Attorney General may pro-
mulgate such regulations as are necessary to carry out this
199
HR 4276 PP
section, including regulations regarding the security, con-
fidentiality, accuracy, use, destruction, and dissemination
of information, audits and recordkeeping, the imposition of
fees necessary for the recovery of costs, and any necessary
modifications to the definitions contained in subsection (i).
(i) DEFINITIONS.—In this section:
(1) HOME
HEALTH
CARE
AGENCY.—The term
‘‘home health care agency’’ means an agency that pro-
vides home health care or personal care services on a
visiting basis in a place of residence.
(2) NURSING FACILITY.—The term ‘‘nursing fa-
cility’’ means a facility or institution (or a distinct
part of an institution) that is primarily engaged in
providing to residents of the facility or institution
nursing care, including skilled nursing care, and re-
lated services for individuals who require medical or
nursing care.
(j) APPLICABILITY.—This section shall apply without
fiscal year limitation.
SEC. 134. None of the funds made available to the De-
partment of Justice under this Act may be used for any
expense relating to, or as reimbursement for any expense
incurred in connection with, any foreign travel by an offi-
cer or employee of the Antitrust Division of the Department
of Justice, if that foreign travel is for the purpose, in whole
200
HR 4276 PP
or in part, of soliciting or otherwise encouraging any anti-
trust action by a foreign country against a United States
company that is a defendant in any antitrust action pend-
ing in the United States in which the United States is a
plaintiff: Provided, however, that this section shall not—
(1) limit the ability of the Department to investigate poten-
tial violations of United States antitrust laws; or (2) pro-
hibit assistance authorized pursuant to sections 6201–6212
of title 15, United States Code, or pursuant to a ratified
treaty between the United States and a foreign government,
or other international agreement to which the United States
is a party.
SEC. 135. EXCEPTION TO GROUNDS OF REMOVAL. Sec-
tion 237 of the Immigration and Nationality Act (8 U.S.C.
1227) is amended by adding at the end the following new
subsection:
‘‘(d) This section shall not apply to any alien who was
issued a visa or otherwise acquired the status of an alien
lawfully admitted to the United States for permanent resi-
dence under section 201(b)(2)(A)(i) as an orphan described
in section 101(b)(1)(F), unless that alien has knowingly de-
clined United States citizenship.’’.
SEC. 136. PROTECTION OF PERSONAL AND FINANCIAL
INFORMATION OF CORRECTIONS OFFICERS. Notwithstand-
ing any other provision of law, in any action brought by
201
HR 4276 PP
a prisoner under section 1979 of the Revised Statutes (42
U.S.C. 1983) against a Federal, State, or local jail, prison,
or correctional facility, or any employee or former employee
thereof, arising out of the incarceration of that prisoner—
(1) the financial records of a person employed or
formerly employed by the Federal, State, or local jail,
prison, or correctional facility, shall not be subject to
disclosure without the written consent of that person
or pursuant to a court order, unless a verdict of li-
ability has been entered against that person; and
(2) the home address, home phone number, social
security number, identity of family members, per-
sonal tax returns, and personal banking information
of a person described in paragraph (1), and any other
records or information of a similar nature relating to
that person, shall not be subject to disclosure without
the written consent of that person, or pursuant to a
court order.
SEC. 137. EXTENSION OF TEMPORARY PROTECTED
STATUS FOR CERTAIN NATIONALS OF LIBERIA. (a) CON-
TINUATION OF STATUS.—Notwithstanding any other provi-
sion of law, any alien described in subsection (b) who, as
of the date of enactment of this Act, is registered for tem-
porary protected status in the United States under section
244(c)(1)(A)(iv) of the Immigration and Nationality Act
202
HR 4276 PP
(8 U.S.C. 1254a(c)(1)(A)(iv)), or any predecessor law,
order, or regulation, shall be entitled to maintain that sta-
tus through September 30, 1999.
(b) COVERED ALIENS.—An alien referred to in sub-
section (a) is a national of Liberia or an alien who has
no nationality and who last habitually resided in Liberia.
SEC. 138. ADJUSTMENT
OF STATUS
OF CERTAIN
ASYLEES IN GUAM. (a) ADJUSTMENT OF STATUS.—
(1) EXEMPTION
FROM
NUMERICAL
LIMITA-
TIONS.—The numerical limitation set forth in section
209(b) of the Immigration and Nationality Act (8
U.S.C. 1159(b)) shall not apply to any alien de-
scribed in subsection (b).
(2) LIMITATION ON FEES.—
(A) IN GENERAL.—Any alien described in
subsection (b) who applies for adjustment of sta-
tus to that of an alien lawfully admitted for per-
manent residence under section 209(b) of that
Act shall not be required to pay any fee for em-
ployment authorization or for adjustment of sta-
tus in excess of the fee imposed on a refugee ad-
mitted under section 207(a) of that Act for em-
ployment authorization or adjustment of status.
(B) EFFECTIVE
DATE.—This paragraph
shall apply to applications for employment au-
203
HR 4276 PP
thorization or adjustment of status filed before,
on, or after the date of enactment of this Act.
(b) COVERED ALIENS.—An alien described in sub-
section (a) is an alien who was a United States Government
employee, employee of a nongovernmental organization
based in the United States, or other Iraqi national who was
moved to Guam by the United States Government in 1996
or 1997 pursuant to an arrangement made by the United
States Government, and who was granted asylum in the
United States under section 208(a) of the Immigration and
Nationality Act (8 U.S.C. 1158(a)).
SEC. 139. For fiscal year 1999 and thereafter, for any
report which is required or authorized by this Act to be
submitted or delivered to the Committee on Appropriations
of the Senate or of the House of Representatives by the De-
partment of Justice or any component, agency, or bureau
thereof, or which concerns matters within the jurisdiction
of the Committee on the Judiciary of the Senate or of the
House of Representatives, a copy of such report shall be sub-
mitted to the Committees on the Judiciary of the Senate
and of the House of Representatives concurrently as the re-
port is submitted to the Committee on Appropriations of
the Senate or of the House of Representatives.
204
HR 4276 PP
SEC. 140. (a) IN GENERAL.—Part T of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 is
amended—
(1) in section 2001 (42 U.S.C. 3796gg)—
(A) in subsection (a)—
(i) by inserting ‘‘, including older
women’’ 
after 
‘‘combat 
violent 
crimes
against women’’; and
(ii) by inserting ‘‘, including older
women’’ before the period; and
(B) in subsection (b)—
(i) in the matter before subparagraph
(A), by inserting ‘‘, including older women’’
after ‘‘against women’’;
(ii) in paragraph (6), by striking
‘‘and’ after the semicolon;
(iii) in paragraph (7), by striking the
period and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(8) developing, through the oversight of the
State administrator, a curriculum to train and assist
law enforcement officers, prosecutors, and relevant of-
ficers of Federal, State, tribal, and local courts in rec-
ognizing, addressing, investigating, and prosecuting
instances involving elder domestic abuse, including
205
HR 4276 PP
domestic violence and sexual assault against older in-
dividuals.’’;
(2) in section 2002(c)(2) (42 U.S.C. 3796gg-1),
by inserting ‘‘and elder domestic abuse experts’’ after
‘‘victim services programs’’; and
(3) in section 2003 (42 U.S.C. 3796gg-2)—
(A) in paragraph (7), by striking ‘‘and’
after the semicolon;
(B) in paragraph (8), by striking the period
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(9) the term ‘elder’ has the same meaning as the
term ‘older individual’ in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002); and
‘‘(10) the term ‘domestic abuse’ means an act or
threat of violence, not including an act of self-defense,
committed by—
‘‘(A) a current or former spouse of the vic-
tim;
‘‘(B) a person related by blood or marriage
to the victim;
‘‘(C) a person who is cohabitating with or
has cohabitated with the victim;
‘‘(D) a person with whom the victim shares
a child in common;
206
HR 4276 PP
‘‘(E) a person who is or has been in the so-
cial relationship of a romantic or intimate na-
ture with the victim; and
‘‘(F) a person similarly situated to a spouse
of the victim, or by any other person;
if the domestic or family violence laws of the jurisdic-
tion of the victim provide for legal protection of the
victim from the person.’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall apply to grants beginning with fiscal year
1999.
SEC. 141. CHILD EXPLOITATION SENTENCING EN-
HANCEMENT. (a) DEFINITIONS.—In this section:
(1) CHILD; CHILDREN.—The term ‘‘child’’ or
‘‘children’’ means a minor or minors of an age speci-
fied in the applicable provision of title 18, United
States Code, that is subject to review under this sec-
tion.
(2) MINOR.—The term ‘‘minor’’ means any indi-
vidual who has not attained the age of 18, except
that, with respect to references to section 2243 of title
18, United States Code, the term means an individual
described in subsection (a) of that section.
(b) INCREASED PENALTIES FOR USE OF A COMPUTER
IN THE SEXUAL ABUSE OR EXPLOITATION OF A CHILD.—
207
HR 4276 PP
Pursuant to the authority granted to the United States Sen-
tencing Commission under section 994(p) of title 28, United
States Code, the United States Sentencing Commission
shall—
(1) review the Federal sentencing guidelines on
aggravated sexual abuse under section 2241 of title
18, United States Code, sexual abuse under section
2242 of title 18, United States Code, sexual abuse of
a minor or ward under section 2243 of title 18,
United States Code, coercion and enticement of a ju-
venile under section 2422(b) of title 18, United States
Code, and transportation of minors under section
2423 of title 18, United States Code; and
(2) upon completion of the review under para-
graph (1), promulgate amendments to the Federal
sentencing guidelines to provide an appropriate sen-
tencing enhancement if the defendant used a computer
with the intent to persuade, induce, entice, or coerce
a child of an age specified in the applicable provision
referred to in paragraph (1) to engage in any prohib-
ited sexual activity.
(c) INCREASED PENALTIES FOR KNOWING MISREPRE-
SENTATION IN THE SEXUAL ABUSE OR EXPLOITATION OF
A CHILD.—Pursuant to the authority granted to the United
States Sentencing Commission under section 994(p) of title
208
HR 4276 PP
28, United States Code, the United States Sentencing Com-
mission shall—
(1) review the Federal sentencing guidelines on
aggravated sexual abuse under section 2241 of title
18, United States Code, sexual abuse under section
2242 of title 18, United States Code, sexual abuse of
a minor or ward under section 2243 of title 18,
United States Code, coercion and enticement of a ju-
venile under section 2422(b) of title 18, United States
Code, and transportation of minors under section
2423 of title 18, United States Code; and
(2) upon completion of the review under para-
graph (1), promulgate amendments to the Federal
sentencing guidelines to provide an appropriate sen-
tencing enhancement if the defendant knowingly mis-
represented the actual identity of the defendant with
the intent to persuade, induce, entice, or coerce a
child of an age specified in the applicable provision
referred to in paragraph (1) to engage in a prohibited
sexual activity.
(d) INCREASED PENALTIES FOR PATTERN OF ACTIV-
ITY OF SEXUAL EXPLOITATION OF CHILDREN.—Pursuant
to the authority granted to the United States Sentencing
Commission under section 994(p) of title 28, United States
Code, the United States Sentencing Commission shall—
209
HR 4276 PP
(1) review the Federal sentencing guidelines on
criminal sexual abuse, the production of sexually ex-
plicit material, the possession of materials depicting
a child engaging in sexually explicit conduct, coercion
and enticement of minors, and the transportation of
minors; and
(2) upon completion of the review under para-
graph (1), promulgate amendments to the Federal
sentencing guidelines to provide an appropriate sen-
tencing enhancement applicable to the offenses re-
ferred to in paragraph (1) in any case in which the
defendant engaged in a pattern of activity involving
the sexual abuse or exploitation of a minor.
(e) REPEAT OFFENDERS; INCREASED MAXIMUM PEN-
ALTIES FOR TRANSPORTATION FOR ILLEGAL SEXUAL AC-
TIVITY AND RELATED CRIMES.—
(1) REPEAT OFFENDERS.—
(A) CHAPTER 117.—
(i) IN GENERAL.—Chapter 117 of title
18, United States Code, is amended by add-
ing at the end the following:
‘‘§ 2425. Repeat offenders
‘‘(a) IN GENERAL.—Any person described in this sub-
section shall be subject to the punishment under subsection
(b). A person described in this subsection is a person who
210
HR 4276 PP
violates a provision of this chapter, after one or more prior
convictions—
‘‘(1) for an offense punishable under this chap-
ter, or chapter 109A or 110; or
‘‘(2) under any applicable law of a State relat-
ing to conduct punishable under this chapter, or
chapter 109A or 110.
‘‘(b) PUNISHMENT.—A violation of a provision of this
chapter by a person described in subsection (a) is punish-
able by a term of imprisonment of a period not to exceed
twice the period that would otherwise apply under this
chapter.’’.
(ii) CONFORMING
AMENDMENT.—The
analysis for chapter 117 of title 18, United
States Code, is amended by adding at the
end the following:
‘‘2425. Repeat offenders.’’.
(B) CHAPTER 109A.—Section 2247 of title
18, United States Code, is amended to read as
follows:
‘‘§ 2247. Repeat offenders
‘‘(a) IN GENERAL.—Any person described in this sub-
section shall be subject to the punishment under subsection
(b). A person described in this subsection is a person who
violates a provision of this chapter, after one or more prior
convictions—
211
HR 4276 PP
‘‘(1) for an offense punishable under this chap-
ter, or chapter 110 or 117; or
‘‘(2) under any applicable law of a State relat-
ing to conduct punishable under this chapter, or
chapter 110 or 117.
‘‘(b) PUNISHMENT.—A violation of a provision of this
chapter by a person described in subsection (a) is punish-
able by a term of imprisonment of a period not to exceed
twice the period that would otherwise apply under this
chapter.’’.
(2) 
INCREASED
MAXIMUM
PENALTIES
FOR
TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND
RELATED CRIMES.—
(A) TRANSPORTATION GENERALLY.—Section
2421 of title 18, United States Code, is amended
by striking ‘‘five’’ and inserting ‘‘10’’.
(B) COERCION
AND
ENTICEMENT
OF
MI-
NORS.—Section 2422 of title 18, United States
Code, is amended—
(i) in subsection (a), by striking ‘‘five’’
and inserting ‘‘10’’; and
(ii) in subsection (b), by striking ‘‘10’’
and inserting ‘‘15’’.
212
HR 4276 PP
(C) TRANSPORTATION OF MINORS.—Section
2423 of title 18, United States Code, is amend-
ed—
(i) in subsection (a), by striking ‘‘ten’’
and inserting ‘‘15’’; and
(ii) in subsection (b), by striking ‘‘10’’
and inserting ‘‘15’’.
(3) AMENDMENT OF SENTENCING GUIDELINES.—
Pursuant to the authority granted to the United
States Sentencing Commission under section 994(p)
of title 28, United States Code, the United States Sen-
tencing Commission shall—
(A) review the Federal sentencing guidelines
relating to chapter 117 of title 18, United States
Code; and
(B) upon completion of the review under
subparagraph (A), promulgate such amendments
to the Federal sentencing guidelines as are nec-
essary to provide for the amendments made by
this subsection.
(f) CLARIFICATION OF DEFINITION OF DISTRIBUTION
OF PORNOGRAPHY.—Pursuant to the authority granted to
the United States Sentencing Commission under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall—
213
HR 4276 PP
(1) review the Federal sentencing guidelines re-
lating to the distribution of pornography covered
under chapter 110 of title 18, United States Code, re-
lating to the sexual exploitation and other abuse of
children; and
(2) upon completion of the review under para-
graph (1), promulgate such amendments to the Fed-
eral sentencing guidelines as are necessary to clarify
that the term ‘‘distribution of pornography’’ applies
to the distribution of pornography—
(A) for monetary remuneration; or
(B) for a nonpecuniary interest.
(g) DIRECTIVE TO THE UNITED STATES SENTENCING
COMMISSION.—In carrying out this section, the United
States Sentencing Commission shall—
(1) with respect to any action relating to the
Federal sentencing guidelines subject to this section,
ensure reasonable consistency with other guidelines of
the Federal sentencing guidelines; and
(2) with respect to an offense subject to the Fed-
eral sentencing guidelines, avoid duplicative punish-
ment under the guidelines for substantially the same
offense.
(h) AUTHORIZATION FOR GUARDIANS AD LITEM.—
214
HR 4276 PP
(1) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the De-
partment of Justice, for the purpose specified in para-
graph (2), such sums as may be necessary for each of
fiscal years 1998 through 2001.
(2) PURPOSE.—The purpose specified in this
paragraph is the procurement, in accordance with
section 3509(h) of title 18, United States Code, of the
services of individuals with sufficient professional
training, experience, and familiarity with the crimi-
nal justice system, social service programs, and child
abuse issues to serve as guardians ad litem for chil-
dren who are the victims of, or witnesses to, a crime
involving abuse or exploitation.
(i) APPLICABILITY.—This section and the amendments
made by this section shall apply to any action that com-
mences on or after the date of enactment of this Act.
This title may be cited as the ‘‘Department of Justice
Appropriations Act, 1999’’.
215
HR 4276 PP
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 consult-
ants as authorized by 5 U.S.C. 3109, $24,836,000, of which
$2,500,000 shall remain available until expended: Provided,
That not to exceed $98,000 shall be available for official
reception and representation expenses.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles,
and services as authorized by 5 U.S.C. 3109, and not to
exceed $2,500 for official reception and representation ex-
penses, $45,500,000 to remain available until expended.
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activi-
ties of the Department of Commerce provided for by law,
216
HR 4276 PP
and engaging in trade promotional activities abroad, in-
cluding 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; em-
ployment 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; pur-
chase 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; pur-
chase 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;
$310,167,000, to remain available until expended: Pro-
vided, That of the $318,167,000 provided for in direct obli-
gations (of which $304,167,000 is appropriated from the
General Fund, and $8,000,000 is derived from unobligated
balances and deobligations from prior years and $6,000,000
217
HR 4276 PP
is from fees), $69,826,000 shall be for Trade Development,
$20,379,000 shall be for Market Access and Compliance,
$31,047,000 shall be for the Import Administration,
$177,000,000 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 Ex-
change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities without regard to sec-
tion 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 Edu-
cational and Cultural Exchange Act shall include payment
for assessments for services provided as part of these activi-
ties.
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 im-
mediate families of employees stationed overseas; employ-
ment of Americans and aliens by contract for services
218
HR 4276 PP
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 rep-
resentation expenses abroad; awards of compensation to in-
formers 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 other-
wise established by law; $45,671,000 to remain available
until expended, of which $1,877,000 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: Pro-
vided 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 pub-
lic with respect to the export administration and national
security activities of the Department of Commerce and other
219
HR 4276 PP
export control programs of the United States and other gov-
ernments.
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as pro-
vided 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, $280,775,000: Pro-
vided, 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, not-
withstanding 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 grant-
ee 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 nec-
essary for the economic development of the area: Provided
further, That the Secretary of Commerce may, as the Sec-
220
HR 4276 PP
retary 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,
$22,465,000: 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 Emer-
gency 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 eco-
nomic and statistical analysis programs of the Department
of Commerce, $49,169,000, to remain available until Sep-
tember 30, 1999.
221
HR 4276 PP
ECONOMICS AND STATISTICS ADMINISTRATION
REVOLVING FUND
The Secretary of Commerce is authorized to dissemi-
nate economic and statistical data products as authorized
by sections 1, 2, and 4 of Public Law 91–412 (15 U.S.C.
1525–1527) and, notwithstanding section 5412 of the Om-
nibus Trade and Competitiveness Act of 1988 (15 U.S.C.
4912), charge fees necessary to recover the full costs incurred
in their production. Notwithstanding 31 U.S.C. 3302, re-
ceipts received from these data dissemination activities
shall be credited to this account, to be available for carrying
out these purposes without further appropriation.
BUREAU OF THE CENSUS
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, ana-
lyzing, preparing, and publishing statistics, provided for by
law, $141,801,000.
PERIODIC CENSUSES AND PROGRAMS
For expenses necessary to conduct the decennial census,
$848,503,000, to remain available until expended: Pro-
vided, That the Department of Commerce shall submit a
quarterly report to the Appropriations Committees of both
Houses on the status and implementation of key decennial
census milestones during fiscal year 1999.
222
HR 4276 PP
In addition, for expenses to collect and publish statis-
tics for other periodic censuses and programs provided for
by law, $153,955,000, 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 Adminis-
tration (NTIA), $10,940,000, to remain available until ex-
pended: 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 op-
erations, 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 fur-
ther, 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 pay-
ment 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 pre-
viously transferred, from other Government agencies for all
223
HR 4276 PP
costs incurred in telecommunications research, engineering,
and related activities by the Institute for Telecommuni-
cation 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 Commu-
nications Act of 1934, as amended, $20,900,000, to remain
available until expended as authorized by section 391 of the
Act, as amended: Provided, That not to exceed $1,500,000
shall be available for program administration as authorized
by section 391 of the Act: Provided further, That notwith-
standing 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 Commu-
nications Act of 1934, as amended, $11,000,000, 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 none of the funds appropriated under this
224
HR 4276 PP
heading shall be used to make a grant to an applicant that
is an entity that is eligible to receive preferential rates or
treatment under section 254(h) of the Communications Act
of 1934 (47 U.S.C. 254(h)) or assistance under the regional
information sharing systems grant program of the Depart-
ment of Justice under part M of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796h).
PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
For necessary expenses of the Patent and Trademark
Office provided for by law, including defense of suits insti-
tuted against the Commissioner of Patents and Trade-
marks, $785,526,000, to remain available until expended:
Provided, That of this amount, $785,526,000 shall be de-
rived from offsetting collections assessed and collected pur-
suant to 15 U.S.C. 113 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 ap-
propriated from the General Fund shall be reduced as such
offsetting collections are received during fiscal year 1999,
so as to result in a final fiscal year 1999 appropriation
from the General Fund estimated at $0: Provided further,
That beginning on October 1, 1998, the Commissioner of
Patents and Trademarks shall establish a surcharge on all
225
HR 4276 PP
fees charged under 35 U.S.C. 41(a) and (b) in order to en-
sure that $132,000,000 is collected: Provided further, That
surcharges established under this authority may take effect
on October 1, 1998, and that Section 553 of title 5, United
States Code, shall not apply to the establishment of such
surcharges: Provided further, That upon enactment of a
statute reauthorizing the Patent and Trademark Office or
establishing a successor agency or agencies, and upon the
subsequent establishment of a new patent fee schedule, the
surcharge established in this Act shall expire: Provided fur-
ther, That during fiscal year 1999, should the total amount
of offsetting collections be less than $785,526,000, the total
amounts available to the Patent and Trademark Office shall
be reduced accordingly: Provided further, That the standard
build-out costs of the Patent and Trademark Office shall
not exceed $36.69 per occupiable square foot for office-type
space (which constitutes the amount specified in the Ad-
vanced Acquisition program of the General Services Admin-
istration) and shall not exceed an aggregate amount equal
to $88,000,000: Provided further, That the moving costs of
the Patent and Trademark Office (which shall include the
costs of moving, furniture, telephone, and data installation)
shall not exceed $135,000,000: Provided further, That the
portion of the moving costs referred to in the preceding pro-
226
HR 4276 PP
viso that may be used for alterations that are above stand-
ard costs may not exceed $29,000,000.
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, $9,993,000, of
which not to exceed $1,600,000 shall remain available until
September 30, 2000.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of
Standards and Technology, $290,636,000, to remain avail-
able until expended, of which not to exceed $5,000,000 shall
be used to fund a cooperative agreement with Montana
State University for a research program on green buildings;
and of which not to exceed $1,625,000 may be transferred
to the ‘‘Working Capital Fund’’: Provided, That $2,300,000
shall be used to expand the Malcolm Baldrige National
Quality Award program established under section 17 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3711a): Provided further, That none of the funds
appropriated or otherwise made available by this Act for
the ‘‘Malcolm Baldrige National Quality Award’’ may be
227
HR 4276 PP
obligated or expended unless such obligation or expenditure
is expressly authorized by enactment of a subsequent Act.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Manufacturing Exten-
sion Partnership of the National Institute of Standards and
Technology, $106,800,000, to remain available until ex-
pended, of which not to exceed $300,000 may be transferred
to the ‘‘Working Capital Fund’’: Provided, That notwith-
standing 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 Re-
gional Centers for the transfer of Manufacturing Technology
(‘‘Centers’’), such Federal financial assistance for a Center
may continue beyond six years and may be renewed for
additional periods, not to exceed one year, at a rate not
to exceed one-third of the Center’s total annual costs, subject
before any such renewal to a positive evaluation of the Cen-
ter 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 Manufac-
turing Technology Program: Provided further, That the
Center’s most recent performance evaluation is positive, and
the Center has submitted a reapplication which has success-
fully passed merit review.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards
228
HR 4276 PP
and Technology, $192,500,000, to remain available until
expended, of which not to exceed $38,700,000 shall be avail-
able 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.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of activities authorized by law
for the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft;
grants, contracts, or other payments to nonprofit organiza-
tions for the purposes of conducting activities pursuant to
cooperative agreements; and relocation of facilities as au-
thorized by 33 U.S.C. 883i; $1,608,914,000, 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 ac-
229
HR 4276 PP
tivities, notwithstanding 31 U.S.C. 3302: Provided further,
That in addition, $63,073,000 shall be derived by transfer
from the fund entitled ‘‘Promote and Develop Fishery Prod-
ucts and Research Pertaining to American Fisheries’’: Pro-
vided 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 unexpended balances in the accounts ‘‘Construction’’
and ‘‘Fleet Modernization, Shipbuilding and Conversion’’
shall be transferred to and merged with this account, to re-
main available until expended for the purposes for which
the funds were originally appropriated: Provided further,
That of the $10,500,000 available for the estuarine research
reserve system, $2,000,000 shall be made available for the
Office of response and restoration and $1,160,000 shall be
made available for Navigation services, mapping and chart-
ing: Provided further, That of funds made available for the
National Marine Fisheries Service information collection
and analyses, $400,000 shall be made available to continue
Atlantic Herring and Mackerel studies: Provided further,
That of the $8,500,000 provided for the interstate fisheries
commissions, $7,000,000 shall be provided to the Atlantic
States Marine Fisheries Commission for the Atlantic Coast-
al Cooperative Fisheries Management Act, $750,000 shall
be provided for the Atlantic Coastal Cooperative Statistics
230
HR 4276 PP
Program, and the remainder shall be provided to each of
the three interstate fisheries commissions (including the
ASMFC): Provided further, That within the Procurement,
Acquisition and Construction account that $3,000,000 shall
be made available for the National Estuarine Research Re-
serve construction, and $5,000,000 shall be made available
for Great Bay land acquisition: Provided further, That the
Secretary of Commerce shall make funds available to imple-
ment the mitigation recommendations identified subsequent
to the ‘‘1995 Secretary’s Report to Congress on Adequacy
of NEXRAD Coverage and Degradation of Weather Serv-
ices’’ for Erie, PA; Williston, ND; Caribou, ME; and Key
West, FL, and shall ensure continuation of weather service
coverage for these communities until mitigation activities
are completed: Provided further, That with respect to Erie,
PA and Williston, ND, the Secretary shall integrate local
radar data from such weather service offices into the ad-
vanced weather interactive processing system (AWIPS).
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFERS OF FUNDS)
For procurement, acquisition and construction of cap-
ital assets, including alteration and modification costs, of
the National Oceanic and Atmospheric Administration,
$587,922,000, to remain available until expended: Pro-
vided, That unexpended balances of amounts previously
made available in the ‘‘Operations, Research, and Facili-
231
HR 4276 PP
ties’’ account and the ‘‘Construction’’ account for activities
funded under this heading may be transferred to and
merged with this account, to remain available until ex-
pended for the purposes for which the funds were originally
appropriated.
COASTAL ZONE MANAGEMENT FUND
Of amounts collected pursuant to section 308 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1456a),
not to exceed $4,000,000, for purposes set forth in sections
308(b)(2)(A), 308(b)(2)(B)(v), and 315(e) of such Act.
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 re-
ceipts collected pursuant to that Act, to remain available
until expended.
FOREIGN FISHING OBSERVER FUND
For expenses necessary to carry out the provisions of
the Atlantic Tunas Convention Act of 1975, as amended
(Public Law 96–339), the Magnuson-Stevens Fishery Con-
servation and Management Act of 1976, as amended (Public
Law 100–627), and the American Fisheries Promotion Act
(Public Law 96–561), to be derived from the fees imposed
under the foreign fishery observer program authorized by
these Acts, not to exceed $189,000, to remain available until
expended.
232
HR 4276 PP
FISHERIES FINANCE PROGRAM ACCOUNT
For the cost of direct loans, $388,000, 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 Budg-
et 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 har-
vesting 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, includ-
ing not to exceed $3,000 for official entertainment,
$31,765,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended (5 U.S.C. App. 1–11 as amended
by Public Law 100–504), $20,662,000.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
SEC. 201. During the current fiscal year, applicable
appropriations and funds made available to the Depart-
ment 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
233
HR 4276 PP
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 Com-
merce that such payments are in the public interest.
SEC. 202. During the current fiscal year, appropria-
tions 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 uni-
forms or allowances therefor, 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 Re-
serve.
SEC. 204. None of the funds provided in this or any
previous Act, or hereinafter made available to the Depart-
ment of Commerce, shall be available to reimburse the Un-
employment 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