H. R. 2670—48
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission
as authorized by title II of Public Law 92–522, as amended,
$1,270,000.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the District
of Columbia and elsewhere, and not to exceed $3,000 for official
reception and representation expenses, $173,800,000 from fees col-
lected in fiscal year 2000 to remain available until expended, and
from fees collected in fiscal year 1998, $194,000,000, to remain
available until expended; of which not to exceed $10,000 may be
used toward funding a permanent secretariat for the International
Organization of Securities Commissions; and of which not to exceed
$100,000 shall be available for expenses for consultations and
meetings hosted by the Commission with foreign governmental
and other regulatory officials, members of their delegations, appro-
priate representatives and staff to exchange views concerning
developments relating to securities matters, development and
implementation of cooperation agreements concerning securities
matters and provision of technical assistance for the development
of foreign securities markets, such expenses to include necessary
logistic and administrative expenses and the expenses of Commis-
sion staff and foreign invitees in attendance at such consultations
and meetings including: (1) such incidental expenses as meals taken
in the course of such attendance; (2) any travel and transportation
to or from such meetings; and (3) any other related lodging or
subsistence: Provided, That fees and charges authorized by sections
6(b)(4) of the Securities Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(d)) shall
be credited to this account as offsetting collections.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 105–135,
including hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception
and representation expenses, $246,300,000: Provided, That the
Administrator is authorized to charge fees to cover the cost of
publications developed by the Small Business Administration, and
certain loan servicing activities: Provided further, That, notwith-
standing 31 U.S.C. 3302, revenues received from all such activities
shall be credited to this account, to be available for carrying out
these purposes without further appropriations: Provided further,
That $84,500,000 shall be available to fund grants for performance
in fiscal year 2000 or fiscal year 2001 as authorized by section
21 of the Small Business Act, as amended.
H. R. 2670—49
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.), $11,000,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of guaranteed loans, $131,800,000, as authorized
by 15 U.S.C. 631 note, of which $45,000,000 shall remain available
until September 30, 2001: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974, as amended: Provided
further, That during fiscal year 2000, commitments to guarantee
loans under section 503 of the Small Business Investment Act
of 1958, as amended, shall not exceed the amount of financings
authorized under section 20(e)(1)(B)(ii) of the Small Business Act,
as amended: Provided further, That during fiscal year 2000, commit-
ments for general business loans authorized under section 7(a)
of the Small Business Act, as amended, shall not exceed
$10,000,000,000 without prior notification of the Committees on
Appropriations of the House of Representatives and Senate in
accordance with section 605 of this Act: Provided further, That
during fiscal year 2000, commitments to guarantee loans under
section 303(b) of the Small Business Investment Act of 1958, as
amended, shall not exceed the amount of guarantees of debentures
authorized under section 20(e)(1)(C)(ii) of the Small Business Act,
as amended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $129,000,000, which may be trans-
ferred 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, $119,400,000 to remain available
until expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the direct
loan program, $136,000,000, which may be transferred to and
merged with appropriations for Salaries and Expenses, of which
$500,000 is for the Office of Inspector General of the Small Business
Administration for audits and reviews of disaster loans and the
disaster loan program and shall be transferred to and merged
with appropriations for the Office of Inspector General: Provided,
That any amount in excess of $20,000,000 to be transferred to
and merged with appropriations for Salaries and Expenses for
indirect administrative expenses shall be treated as a reprogram-
ming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with
the procedures set forth in that section.
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
H. R. 2670—50
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this paragraph shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as author-
ized 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 avail-
able for official reception and representation expenses.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 602. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 604. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
SEC. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 2000, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds which: (1) creates
new programs; (2) eliminates a program, project, or activity; (3)
increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or activi-
ties; or (6) contracts out or privatizes any functions, or activities
presently performed by Federal employees; unless the Appropria-
tions Committees of both Houses of Congress are notified 15 days
in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2000, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
H. R. 2670—51
agencies funded by this Act, shall be available for obligation or
expenditure for activities, programs, or projects through a re-
programming 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 pro-
gram, project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change
in existing programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress
are notified 15 days in advance of such reprogramming of funds.
SEC. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency repair),
overhaul, conversion, or modernization of vessels for the National
Oceanic and Atmospheric Administration in shipyards located out-
side of the United States.
SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with
funds made available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
(c) PROHIBITION
OF
CONTRACTS
WITH
PERSONS
FALSELY
LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally
determined by a court or Federal agency that any person inten-
tionally affixed a label bearing a ‘‘Made in America’’ inscription,
or any inscription with the same meaning, to any product sold
in or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act, pursuant
to the debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
SEC. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines of
the Equal Employment Opportunity Commission covering harass-
ment based on religion, when it is made known to the Federal
entity or official to which such funds are made available that
such guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993 (58
Fed. Reg. 51266).
SEC. 609. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or expend
such funds: (1) that the United Nations undertaking is a peace-
keeping mission; (2) that such undertaking will involve United
States Armed Forces under the command or operational control
of a foreign national; and (3) that the President’s military advisors
have not submitted to the President a recommendation that such
involvement is in the national security interests of the United
States and the President has not submitted to the Congress such
a recommendation.
SEC. 610. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
H. R. 2670—52
for which appropriations are prohibited by section 609 of the Depart-
ments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of section
609 of that Act shall continue to apply during fiscal year 2000.
SEC. 611. Notwithstanding any other provision of law, not
more than 20 percent of the amount allocated to any account
from an appropriation made by this Act that is available for obliga-
tion only in the current fiscal year may be obligated during the
last 2 months of the fiscal year unless the Committees on Appropria-
tions of the House of Representatives and the Senate are notified
prior to such obligation in accordance with section 605 of this
Act: Provided, That this section shall not apply to the obligation
of funds under grant programs.
SEC. 612. None of the funds made available in this Act shall
be used to provide the following amenities or personal comforts
in the Federal prison system—
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC–17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or training
equipment for boxing, wrestling, judo, karate, or other martial
art, or any bodybuilding or weightlifting equipment of any
sort;
(4) possession of in-cell coffee pots, hot plates or heating
elements; or
(5) the use or possession of any electric or electronic musical
instrument.
SEC. 613. None of the funds made available in title II for
the National Oceanic and Atmospheric Administration (NOAA)
under the headings ‘‘Operations, Research, and Facilities’’ and
‘‘Procurement, Acquisition and Construction’’ may be used to imple-
ment sections 603, 604, and 605 of Public Law 102–567: Provided,
That NOAA may develop a modernization plan for its fisheries
research vessels that takes fully into account opportunities for
contracting for fisheries surveys.
SEC. 614. Any costs incurred by a department or agency funded
under this Act resulting from personnel actions taken in response
to funding reductions included in this Act shall be absorbed within
the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere
in this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
SEC. 615. None of the funds made available in this Act to
the Federal Bureau of Prisons may be used to distribute or make
available any commercially published information or material to
a prisoner when it is made known to the Federal official having
authority to obligate or expend such funds that such information
or material is sexually explicit or features nudity.
H. R. 2670—53
SEC. 616. Of the funds appropriated in this Act under the
heading ‘‘Office of Justice Programs—State and Local Law Enforce-
ment Assistance’’, not more than 90 percent of the amount to
be awarded to an entity under the Local Law Enforcement Block
Grant shall be made available to such an entity when it is made
known to the Federal official having authority to obligate or expend
such funds that the entity that employs a public safety officer
(as such term is defined in section 1204 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968) does not provide
such a public safety officer who retires or is separated from service
due to injury suffered as the direct and proximate result of a
personal injury sustained in the line of duty while responding
to an emergency situation or a hot pursuit (as such terms are
defined by State law) with the same or better level of health
insurance benefits at the time of retirement or separation as they
received while on duty.
SEC. 617. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco prod-
ucts, 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. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 616 of the Depart-
ments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999.
(b) Subsection (a)(1) of section 616 of that Act is amended—
(1) by striking ‘‘and’’ after ‘‘Gonzalez’’; and
(2) by inserting before the semicolon at the end of the
subsection, ‘‘, Jean-Yvon Toussaint, and Jimmy Lalanne’’.
(c) The requirements in subsections (b) and (c) of section 616
of that Act shall continue to apply during fiscal year 2000.
SEC. 619. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for: (1) the
implementation of any tax or fee in connection with the implementa-
tion of 18 U.S.C. 922(t); and (2) any system to implement 18
U.S.C. 922(t) that does not require and result in the destruction
of any identifying information submitted by or on behalf of any
person who has been determined not to be prohibited from owning
a firearm.
SEC. 620. Notwithstanding any other provision of law, amounts
deposited in the Fund established under 42 U.S.C. 10601 in fiscal
year 1999 in excess of $500,000,000 shall not be available for
obligation until October 1, 2000.
SEC. 621. None of the funds appropriated by this Act shall
be used to propose or issue rules, regulations, decrees, or orders
for the purpose of implementation, or in preparation for
implementation, of the Kyoto Protocol which was adopted on
December 11, 1997, in Kyoto, Japan at the Third Conference of
the Parties to the United Nations Framework Convention on Cli-
mate Change, which has not been submitted to the Senate for
advice and consent to ratification pursuant to article II, section
2, clause 2, of the United States Constitution, and which has
not entered into force pursuant to article 25 of the Protocol.
SEC. 622. For an additional amount for ‘‘Small Business
Administration, Salaries and Expenses’’, $30,000,000, of which
H. R. 2670—54
$2,500,000 shall be available for a grant to the NTTC at Wheeling
Jesuit University to continue the outreach program to assist small
business development; $2,000,000 shall be available for a grant
for Western Carolina University to develop a facility to assist in
small business and rural economic development; $3,000,000 shall
be available for a grant to the Bronx Museum of the Arts, New
York, to develop a facility; $750,000 shall be available for a grant
to Soundview Community in Action for a technology access and
business improvement project; $2,500,000 shall be available for
a grant for the City of Hazard, Kentucky for a Center for Rural
Law Enforcement Technology and Training; $1,000,000 shall be
available for a grant to the State University of New York to develop
a facility and operate the Institute of Entrepreneurship for small
business and workforce development; $1,000,000 shall be available
for a grant for Pikeville College, School of Osteopathic Medicine
for a telemedicine and medical education network; $1,000,000 shall
be available for a grant to Operation Hope in Maywood, California
for a business incubator project; $1,900,000 shall be available for
a grant to the Southern Kentucky Tourism Development Association
to develop a facility for regional tourism promotion; $1,000,000
shall be available for a grant to the Southern Kentucky Economic
Development Corporation to support a science and technology busi-
ness loan fund; $500,000 shall be available for a grant for the
Moundsville Economic Development Council to work in conjunction
with the Office of Law Enforcement Technology Commercialization
for the establishment of the National Corrections and Law Enforce-
ment Training and Technology Center, and for infrastructure
improvements associated with this initiative; $8,550,000 shall be
available for a grant to Somerset Community College to develop
a facility to support workforce development and skills training;
$200,000 shall be available for a grant for the Vandalia Heritage
Foundation to fulfill its charter purposes; $2,000,000 shall be avail-
able for a grant for the Illinois Coalition to establish and operate
a national demonstration project in the DuPage County Research
Park providing one-stop access for technology startup businesses;
$200,000 shall be available for a grant to Rural Enterprises, Inc.,
in Durant, Oklahoma to support a resource center for rural
businesses; $500,000 shall be available for a grant for the City
of Chicago to establish and operate a program for technology-based
business growth; $500,000 shall be available for a grant for the
Illinois Department of Commerce and Community Affairs to develop
strategic plans for technology-based business growth; $200,000 shall
be available for a grant to the Long Island Bay Shore Aquarium
to develop a facility; $150,000 shall be available for a grant to
Miami-Dade Community College for an Entrepreneurial Education
Center; $300,000 shall be available for a grant for the Western
Massachusetts Enterprise Fund for a microenterprise loan program;
and $250,000 shall be available for a grant for the Johnstown
Area Regional Industries Center to develop a small business incu-
bator facility.
SEC. 623. (a) PACIFIC SALMON RESTORATION FUND.—
(1) There is hereby established a Pacific Salmon Restora-
tion Fund (hereafter referred to as the ‘‘Fund’’) to be held
by the Pacific Salmon Commission. The Fund shall be invested
in interest bearing accounts, bonds, securities, or other invest-
ments in order to achieve the highest annual yield consistent
with protecting the principal of the Fund. The Fund shall
H. R. 2670—55
be subdivided into a Northern Boundary Fund and a Southern
Boundary Fund which shall be maintained as separate accounts
within the Fund, and which shall receive $5,000,000 and
$5,000,000, respectively, of the amounts authorized by this
section. Income from investments made pursuant to this para-
graph shall be available until expended, without appropriation
or fiscal year limitation, for programs and activities relating
to salmon restoration and enhancement, salmon research, the
conservation of salmon habitat, and implementation of the
Pacific Salmon Treaty and related agreements. Amounts pro-
vided by grants under this subsection may be held in interest
bearing accounts prior to the disbursement of such funds for
program purposes, and any interest earned may be retained
for program purposes without further appropriation. The Fund
is subject to the laws governing Federal appropriations and
funds and to unrestricted circulars of the Office of Management
and Budget. Recipients of amounts from the Fund shall keep
separate accounts and such records as are reasonably necessary
to disclose the use of the funds as well as facilitate effective
audits.
(2) FUND MANAGEMENT.—
(A) Amounts made available from the Northern
Boundary Fund pursuant to paragraph (1) shall be adminis-
tered by a Northern Boundary Committee, which shall
be comprised of three representatives of the Government
of Canada, and three representatives of the United States.
The three United States representatives shall be the United
States 
Commissioner 
and 
Alternate 
Commissioner
appointed (or designated) from a list submitted by the
Governor of Alaska for appointment to the Pacific Salmon
Commission and the Regional Administrator of the
National Marine Fisheries Service for the Alaska Region.
Only programs and activities consistent with the purposes
in paragraph (1) which affect the geographic area from
Cape Caution, Canada to Cape Suckling, Alaska may be
approved for funding by the Northern Boundary Com-
mittee.
(B) Amounts made available from the Southern
Boundary Fund pursuant to paragraph (1) shall be adminis-
tered by a Southern Boundary Committee, which shall
be comprised of three representatives of Canada and three
representatives of the United States. The United States
representatives shall be appointed by the Secretary of Com-
merce: one shall be selected from a list of three qualified
individuals submitted by the Governors of the States of
Washington and Oregon; one shall be selected from a list
of three qualified individuals submitted by the Pacific
Coastal tribes (as defined by the Secretary of Commerce);
and one shall be the Director of the Northwest Region
of the National Marine Fisheries Service. Only programs
and activities consistent with the purposes in paragraph
(1) which affect the geographic area south of Cape Caution,
Canada may be approved for funding by the Southern
Boundary Committee.
(3) If any of the agreements or revised agreements adopted
under the June 30, 1999 Agreement of the United States and
Canada on the Treaty Between the Government of the United
H. R. 2670—56
States and the Government of Canada Concerning Pacific
Salmon, 1985 (hereafter referred to as the ‘‘1999 Agreement’’)
expire without being renewed, or if the United States deter-
mines that Canada has ceased to apply any such agreements,
amounts made available from the Fund may only be used
for projects in areas under the jurisdiction of the United States
until the United States determines that such agreements or
revised agreements are renewed and that the United States
and Canada are applying such agreements or revised agree-
ments.
(b) PACIFIC SALMON TREATY IMPLEMENTATION.—While the 1999
Agreement is in effect, the incidental take in Alaska of salmon
listed under Public Law 93–205, as amended, shall not be regulated
under such Act. Additionally, the fact that Alaska fisheries will
be regulated according to the management regimes in the 1999
Agreement and not under Public Law 93–205, as amended, shall
not serve as a basis to impose or enhance any restriction under
such Act on any other activity.
(c) IMPROVED SALMON MANAGEMENT.—Section 3(g) of the Pacific
Salmon Treaty Act of 1985, 16 U.S.C. 3632(g), is amended—
(1) in paragraph (1) by striking ‘‘The’’ and inserting ‘‘Except
as provided in paragraph (2), the’’;
(2) by inserting after paragraph (1) the following new para-
graph:
‘‘(2) A decision of the United States Section with respect
to any salmon fishery, other than a Chinook salmon fishery,
which occurs from Cape Caution, Canada to Cape Suckling,
Alaska shall be taken upon the affirmative vote of the United
States Commissioner appointed from the list submitted by the
Governor of Alaska pursuant to subsection (a). A decision of
the United States Section with respect to any salmon fishery,
other than a Chinook salmon fishery, which occurs south of
Cape Caution, Canada shall be taken upon the affirmative
vote of both the United States Commissioner appointed from
the list submitted by the Governors of Washington and Oregon
pursuant to subsection (a) and the United States Commissioner
appointed from the list submitted by the treaty Indian tribes
of the States of Idaho, Oregon, or Washington pursuant to
subsection (a).’’; and
(3) by renumbering the existing paragraphs.
(d) AUTHORIZATION OF APPROPRIATIONS.—
(1) For capitalizing the Pacific Salmon Restoration Fund,
there is authorized to be appropriated in fiscal year 2000,
$10,000,000.
(2) For salmon habitat restoration, salmon stock enhance-
ment, salmon research, and implementation of the Pacific
Salmon Treaty and related agreements, there is authorized
to be appropriated in fiscal year 2000, $46,000,000 to the States
of California, Oregon, Washington, and Alaska. The State of
Alaska may allocate a portion of any funds it receives under
this subsection to eligible activities outside Alaska.
(3) For salmon habitat restoration, salmon stock enhance-
ment, salmon research, and implementation of the Pacific
Salmon Treaty and related agreements, there is authorized
to be appropriated $4,000,000 in fiscal year 2000 to the Pacific
Coastal tribes (as defined by the Secretary of Commerce).