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as amended; the compensation and reimbursement of ex-
penses of persons furnishing investigative, expert and
other services under the Criminal Justice Act (18 U.S.C.
3006A(e)); the compensation (in accordance with Criminal
Justice Act maximums) and reimbursement of expenses
of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel;
the compensation and reimbursement of travel expenses
of guardians ad litem acting on behalf of financially eligi-
ble minor or incompetent offenders in connection with
transfers from the United States to foreign countries with
which the United States has a treaty for the execution
of penal sentences; and the compensation of attorneys ap-
pointed to represent jurors in civil actions for the protec-
tion of their employment, as authorized by 28 U.S.C.
1875(d), $360,952,000, to remain available until ex-
pended as authorized by section 3006A(i) of title 18,
United States Code.
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28
U.S.C. 1871 and 1876; compensation of jury commis-
sioners as authorized by 28 U.S.C. 1863; and compensa-
tion of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Pro-
cedure (28 U.S.C. Appendix Rule 71A(h)), $67,000,000,
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to remain available until expended: Provided, That the
compensation of land commissioners shall not exceed the
daily equivalent of the highest rate payable under section
5332 of title 5, United States Code.
COURT SECURITY
For necessary expenses, not otherwise provided for,
incident to the procurement, installation, and maintenance
of security equipment and protective services for the
United States Courts in courtrooms and adjacent areas,
including building ingress-egress control, inspection of
packages, directed security patrols, and other similar ac-
tivities as authorized by section 1010 of the Judicial Im-
provement and Access to Justice Act (Public Law 100–
702), $174,100,000, of which not to exceed $10,000,000
shall remain available until expended for security systems,
to be expended directly or transferred to the United States
Marshals Service, which shall be responsible for admin-
istering elements of the Judicial Security Program consist-
ent with standards or guidelines agreed to by the Director
of the Administrative Office of the United States Courts
and the Attorney General.
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ADMINISTRATIVE OFFICE OF THE UNITED STATES
COURTS
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office
of the United States Courts as authorized by law, includ-
ing travel as authorized by 31 U.S.C. 1345, hire of a pas-
senger motor vehicle as authorized by 31 U.S.C. 1343(b),
advertising and rent in the District of Columbia and else-
where, $54,500,000, of which not to exceed $7,500 is au-
thorized for official reception and representation expenses.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Cen-
ter, as authorized by Public Law 90–219, $18,000,000;
of which $1,800,000 shall remain available through Sep-
tember 30, 2000, to provide education and training to
Federal court personnel; and of which not to exceed
$1,000 is authorized for official reception and representa-
tion expenses.
JUDICIAL RETIREMENT FUNDS
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers’ Retirement
Fund, as authorized by 28 U.S.C. 377(o), $27,500,000;
to the Judicial Survivors’ Annuities Fund, as authorized
by 28 U.S.C. 376(c), $7,800,000; and to the United
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States Court of Federal Claims Judges’ Retirement Fund,
as authorized by 28 U.S.C. 178(l), $2,000,000.
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out
the provisions of chapter 58 of title 28, United States
Code, $9,600,000, of which not to exceed $1,000 is au-
thorized for official reception and representation expenses.
GENERAL PROVISIONS—THE JUDICIARY
SEC. 301. Appropriations and authorizations made in
this title which are available for salaries and expenses shall
be available for services as authorized by section 3109 of
title 5, United States Code.
SEC. 302. Not to exceed 5 percent of any appropria-
tion made available for the current fiscal year for the Judi-
ciary in this Act may be transferred between such appro-
priations, but no such appropriation, except ‘‘Courts of
Appeals, District Courts, and Other Judicial Services, De-
fender Services’’ and ‘‘Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commis-
sioners’’, shall be increased by more than 10 percent by
any such transfers: Provided, That any transfer pursuant
to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be avail-
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able for obligation or expenditure except in compliance
with the procedures set forth in that section.
SEC. 303. Notwithstanding any other provision of
law, the salaries and expenses appropriation for district
courts, courts of appeals, and other judicial services shall
be available for official reception and representation ex-
penses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed
$10,000 and shall be administered by the Director of the
Administrative Office of the United States Courts in the
capacity as Secretary of the Judicial Conference.
This title may be cited as ‘‘The Judiciary Appropria-
tions Act, 1999’’.
TITLE IV—DEPARTMENT OF STATE AND
RELATED AGENCIES
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State
and the Foreign Service not otherwise provided for, includ-
ing expenses authorized by the State Department Basic
Authorities Act of 1956, as amended; representation to
certain international organizations in which the United
States participates pursuant to treaties, ratified pursuant
to the advice and consent of the Senate, or specific Acts
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of Congress; acquisition by exchange or purchase of pas-
senger motor vehicles as authorized by 31 U.S.C. 1343,
40 U.S.C. 481(c), and 22 U.S.C. 2674; and for expenses
of general administration, $1,641,000,000 (reduced by
$10,000,000): Provided, That, of the amount made avail-
able under this heading, not to exceed $4,000,000 may
be transferred to, and merged with, funds in the ‘‘Emer-
gencies in the Diplomatic and Consular Service’’ appro-
priations account, to be available only for emergency evac-
uations and terrorism rewards: Provided further, That not-
withstanding any other provision of law, not to exceed
$250,000,000 of offsetting collections derived from fees
collected under the authority of section 140(a)(1) of the
Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103–236) during fiscal year 1999
shall be retained and used for authorized expenses in this
appropriation and shall remain available until expended:
Provided further, That any fees received in excess of
$250,000,000 in fiscal year 1999 shall remain available
until expended, but shall not be available for obligation
until October 1, 1999.
In addition, not to exceed $700,000 in registration
fees collected pursuant to section 38 of the Arms Export
Control Act, as amended, may be used in accordance with
section 45 of the State Department Basic Authorities Act
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of 1956 (22 U.S.C. 2717); in addition, not to exceed
$1,252,000 shall be derived from fees collected from other
executive agencies for lease or use of facilities located at
the International Center in accordance with section 4 of
the International Center Act (Public Law 90–553), as
amended; in addition, as authorized by section 5 of such
Act, $490,000, to be derived from the reserve authorized
by that section, to be used for the purposes set out in
that section; and, in addition, not to exceed $15,000,
which shall be derived from reimbursements, surcharges,
and fees for use of Blair House facilities in accordance
with section 46 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to ex-
ceed 20 percent of the amounts made available in this Act
in the appropriation accounts ‘‘Diplomatic and Consular
Programs’’ and ‘‘Salaries and Expenses’’ under the head-
ing ‘‘Administration of Foreign Affairs’’ may be trans-
ferred between such appropriation accounts: Provided,
That any transfer pursuant to this sentence shall be treat-
ed 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.
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In addition, for counterterrorism requirements over-
seas, 
including 
security 
guards 
and 
equipment,
$25,700,000, to remain available until expended.
SALARIES AND EXPENSES
For expenses necessary for the general administra-
tion of the Department of State and the Foreign Service,
provided for by law, including expenses authorized by sec-
tion 9 of the Act of August 31, 1964, as amended (31
U.S.C. 3721), and the State Department Basic Authori-
ties Act of 1956, as amended, $365,235,000: Provided,
That, of this amount, $813,333 shall be transferred to the
Presidential Advisory Commission on Holocaust Assets in
the United States.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment
Fund, $80,000,000, to remain available until expended,
as authorized in Public Law 103–236: Provided, That sec-
tion 135(e) of Public Law 103–236 shall not apply to
funds available under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended (5 U.S.C. App.),
$28,000,000, notwithstanding section 209(a)(1) of the
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Foreign Service Act of 1980, as amended (Public Law 96–
465), as it relates to post inspections.
REPRESENTATION ALLOWANCES
For representation allowances as authorized by sec-
tion 905 of the Foreign Service Act of 1980, as amended
(22 U.S.C. 4085), $4,200,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services in accordance with the provisions of section 214
of the State Department Basic Authorities Act of 1956
(22 U.S.C. 4314) and 3 U.S.C. 208, $8,100,000, to re-
main available until September 30, 2000.
SECURITY AND MAINTENANCE OF UNITED STATES
MISSIONS
For necessary expenses for carrying out the Foreign
Service Buildings Act of 1926, as amended (22 U.S.C.
292–300), preserving, maintaining, repairing, and 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
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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-
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.
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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-
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,
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$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
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.
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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
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
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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-
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:
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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)).
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for
the International Joint Commission and the International
Boundary Commission, United States and Canada, as au-
thorized by treaties between the United States and Can-
ada or Great Britain, and for the Border Environment
Cooperation Commission as authorized by Public Law
103–182, $5,490,000, of which not to exceed $9,000 shall
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be available for representation expenses incurred by the
International Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $14,490,000: Provided, That the United States’ share
of such expenses may be advanced to the respective com-
missions, pursuant to section 3324 of title 31, United
States Code.
OTHER
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized
by section 501 of Public Law 101–246, $8,250,000, to
remain available until expended, as authorized by section
24(c) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2696(c)).
RELATED AGENCIES
ARMS CONTROL AND DISARMAMENT AGENCY
ARMS CONTROL AND DISARMAMENT ACTIVITIES
For necessary expenses not otherwise provided, for
arms control, nonproliferation, and disarmament 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.).
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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-
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
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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
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
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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
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.
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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
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
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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-
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
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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
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
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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
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
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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.
(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’’.
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(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
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-
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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
‘‘(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)’.’’.
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(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,’’.
(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
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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
$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
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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.
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-
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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
billable days, with the exception of the chairperson who
is permitted 125 billable days.
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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
Commission is authorized to make available for official re-
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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
$8,991,000: Provided further, That any offsetting collec-
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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.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Com-
mission, including uniforms or allowances therefor, as au-
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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
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
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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
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
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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-
mission with foreign governmental and other regulatory
officials, members of their delegations, appropriate rep-
resentatives and staff to exchange views concerning devel-
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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-
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
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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
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
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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
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
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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.
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–
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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-
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
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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
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,
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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.
(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,
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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
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-
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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-
counting of prisoners of war and missing in ac-
tion.
(iv) Providing further assistance in imple-
menting trilateral investigations with Laos.
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(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-
ests of the United States and the President has not sub-
mitted to the Congress such a recommendation.
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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.
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
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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
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
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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
Regulations, to engage in fishing for Atlantic mack-
erel or herring (or both) under the Magnuson-Ste-
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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.
SEC. 617. None of the funds provided by this Act
shall be available to promote the sale or export of tobacco
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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.
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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).
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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.’’.
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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.
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(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
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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
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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
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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.
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(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
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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,
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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
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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’’.
Passed the House of Representatives August 6 (leg-
islative day, August 5), 1998.
Attest:
ROBIN H. CARLE,
Clerk.