Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1989
PL 100-459 (H.R.4782), enacted 10/01/1988

102 STAT. 2186 
PUBLIC LAW 100-459—OCT. 1, 1988 
Public Law 100-459 
100th Congress 
An Act 
Oct. 1, 1988 
[H.R. 4782] 
Departments of 
Commerce, 
Justice, and 
State, the 
Judiciary, and 
Related 
Agencies 
Appropriations 
Act, 1989. 
Department of 
Commerce 
Appropriations 
Act, 1989. 
Making appropriations for the Departments of Commerce, Justice, and State, the 
Judiciary, and related agencies for the fiscal year ending September 30, 1989, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following 
sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the Departments of Commerce, Justice, 
and State, the Judiciary, and related agencies for the fiscal year 
ending September 30,1989, and for other purposes, namely: 
TITLE I—DEPARTMENT OF COMMERCE 
GENERAL ADMINISTRATION 
SALARIES AND EXPENSES 
For expenses necessary for the general administration of the 
Department of Commerce provided for by law, including not to 
exceed $2,000 for official entertainment, $40,404,000: Provided, That 
$250,000 shall be available for the Clearinghouse for State and Local 
Initiatives on Productivity, Technology and Innovation. 
BUREAU OF THE CENSUS 
SALARIES AND EXPENSES 
For expenses necessary for collecting, compiling, analyzing, 
preparing, 
and 
publishing 
statistics, 
provided 
for 
by 
law, 
$96,035,000. 
PERIODIC CENSUSES AND PROGRAMS 
For expenses necessary to collect and publish statistics for peri-
odic censuses and programs provided for by law, $517,304,000, to 
remain available until expended. 
ECONOMIC AND STATISTICAL ANALYSIS 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$32,899,000. 
ECONOMIC DEVELOPMENT ADMINISTRATION 
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 
For economic development assistance as provided by the Public 
Works and Economic Development Act of 1965, as amended, and 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2187 
Public Law 91-304, and such laws that were in effect immediately 
before September 30,1982, $182,028,000, of which (a) $1,400,000 is for 
a grant to the Crownpoint Institute of Technology in the State of 
New Mexico to assist in the rehabilitation and reconstruction of 
facilities, including site stabilization and drainage repairs; (Jb) 
$2,000,000 is for a grant to the Philadelphia Port Corporation in 
Philadelphia, Pennsylvania, for the Fruit Shed Expansion project at 
Tioga Marine Terminal I and Piers 82 and 84 to assist m the 
expansion of storage and handling facilities; (c) $4,500,000 is for a 
grant to the University of Kentucky in Lexington, Kentucky, to 
assist in the construction of the Advanced Science and Technol(^y 
Commercialization Center; (d) $250,000 shall be obligated for the 
Center for International Trade Development at Oklahoma State 
University; (e) $600,000 is for a grant to Crittenden County, Ar-
kansas, for use in replacing a health center; (f) $125,000 is for a 
grant to Arkansas State University, Jonesboro, Arkansas, for the 
establishment and first year operation of a university center under 
the provisions of the Public Works and Economic Development Act 
of 1965, as amended; (g) $1,700,000 is for a grant to the revolving 
loan fund established under the provisions of title XI of the Public 
Works and Economic Development Act of 1965, as amended, and 
administered by the East Arkansas Planning and Development 
District, Jonesboro, Arkansas, except that notwithstanding any 
other provision of law or regulation, no requirement for provision of 
matching funds shall be imposed as a condition for making this 
grant; (h) $2,400,000 is for a grant to the city of Beaumont, Texas, for 
the Spindletop Regional Development Project; (i) $200,000 is for a 
grant to Marshall University, Huntington, West Virginia, for the 
Marshall University Flexibihty Manufacturing Proposal; 0') $200,000 
is for a grant to Wheeling Jesuit College, Wheeling, West Virginia, 
for planning and technical assistance activities for establishment of 
a Software Development Center; (k) $2,250,000 is for grants for 
Projects A and B of the Special Impact Area Overall Economic 
Development Pr<^am for Polk County and the Cities of Des Moines 
and Ankeny, Iowa; and (L) $600,000 is for a grant to the Southeastern 
Area Technology Development Center, Inc., New London, Connecti-
cut, for a demonstration project on the ability of a small business 
incubator to help diverstfy the economy of a defense-dependent 
region: Provided, That the Secretary of Commerce shall throughly 
Reports. 
review and evaluate each of the projects listed in subsections (a) 
through (1) of this paragraph and shall submit a report to the House 
and Senate Committees on Appropriations in March 1989 concern-
ing the details and evaluation of each such project: Provided further, 
Thkt the funds designated in subsections (a) through (1) of this 
paragraph shall be available for the national economic development 
assistance programs of the Economic Development Administration 
unless the House and Senate Appropriations Committees send let-
ters to the Secretary of Commerce within 60 days of the submission 
of the report or June 1, 1989, whichever is later, on the projects 
listed in subsections (a) through (1) of this paragraph interposing no 
objection to the commencement of these projects: Provided further. 
That any sum in excess of the sum needed to comply with the House 
and Senate Appropriations Committees' letters for any of the 
projects listed in subsections (a) through (1) shall be available for the 
national economic development assistance prf^rams 
of the Eco-
nomic Development Administration: Provided further. That the Sec-
retary of Conmierce or his designees shall not promulgate or enforce 
102 STAT. 2188 
PUBLIC LAW 100-459—OCT. 1, 1988 
any rule, r^ulation, or grant agreement provision affecting pro-
grams authorized by the Public Works and Economic Development 
Act of 1965, as amended, unless such rule, regulation, or provision is 
either required by statute or expressed as the explicit intent of the 
Congress or is in substantial conformity with those i*ules, regula-
tions and provisions in effect prior to December 22, 1987: Provided 
further. That during fiscal year 1989 total commitments to guaran-
tee loans shall not exceed $150,000,000 of contingent liabUity for 
loan principal: Provided further. That none of the funds appro-
priated or otherwise made available under this heading may be used 
directly or indirectly for attorneys' or consultants' fees in connec-
tion with securing grants and contracts made by the Economic 
Development Adnunistration. 
SALARIES AND EXPENSES 
For necessary expenses of administering the economic develop-
ment assistance programs as provided for by law, $24,742,000: Pro-
vided, That the number of Deputy Assistant Secretary positions 
shall not be greater than four: Provided further, That these funds 
may be used to monitor projects approvea pursuant to title I of the 
Public Works Emplojrment Act of 1976, as amended, title II of the 
Trade Act of 1974, as amended, and the Community Emergency 
Drought Relief Act of 1977. Notwithstanding any other provision of 
this Act or any other law, funds appropriated in this paragraph 
shall be used to fill and maintain forty-nine permanent positions 
designated as Economic Development Representatives out of the 
total number of permanent positions funded in the Salaries and 
Expenses account of the Economic Development Administration for 
fiscal year 1989, and such positions shall be maintained in the 
various States within the approved oi^anizational structure in place 
on December 1,1987, and where possible, with those employees who 
filled those positions on that date. 
INTERNATIONAL TRADE ADMINISTRATION 
OPERATIONS AND ADMINISTRATION 
For necessary expenses for international trade activities of the 
Department of Commerce, including trade promotional activities 
abroad without regard to the provisions of law set forth in 44 U.S.C. 
3702 and 3703; full medical coverage for dependent members of 
immediate families of employees stationed overseas; employment of 
Americans and aliens by contract for services abroad; rental of space 
abroad for periods not exceeding ten years, and expenses of alter-
ation, repair, or improvement; purchase or construction of tem-
porary demountable exhibition structures for use abroad; payment 
of tort claims, in the manner authorized in the first paragraph of 28 
U.S.C. 2672 when such claims arise in foreign countries; not to 
exceed $300,000 for official representation expenses abroad; and 
purchase of passenger motor vehicles for official use abroad; 
$167,502,000, to remain available until expended, of which 
$3,300,000 is for support costs for a new materials center in Ames, 
Iowa, and of which $7,060,000 is for the Office of Textiles and 
Apparels, including $3,360,000 for a grant to the Tailored Clothing 
Technology Corporation: Provided, That the provisions of the first 
sentence of section 105(f) and all of section 108(c) of the Mutual 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2189 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) 
and 2458(c)) shall apply in carrying out these activities. Notwith- 1
9 use 2i7i 
standing any other provision of law, upon the request of the Sec- ^°^-
retary of Commerce, the Secretary of State shall accord the diplo-
matic title of Minister-Counselor to the senior Commercial Officer 
assigned to any United States mission abroad: Provided further. 
That the number of Commercial Service officers accorded such 
diplomatic title at any time shall not exceed eight. 
EXPORT ADMINISTRATION 
OPERATIONS AND ADMINISTRATION 
For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for 
services abroad; rental of space abroad for periods not exceeding ten 
years, and expenses of alteration, repair, or improvement; pajonent 
of tort claims, in the manner authorized in the first paragraph of 28 
U.S.C, 2672 when such claims arise in foreign countries; not to 
exceed $5,000 for official representation expenses abroad; awards of 
compensation to informers under the Export Administration Act of 
1979, and as authorized by 22 U.S.C. 4010t)); purchase of passenger 
motor vehicles for official use and motor vehicles for law enforce-
ment use with special requirement vehicles eligible for purchase 
without regard to any price limitation otherwise established by law; 
$40,106,000, to remain available until expended: Provided, That the 
provisions of the first sentence of section 105(f) and all of section 
108(c) of the Mutual Eklucational and Cultural Exchange Act of 1961 
(22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these 
activities. 
MINORITY BUSINESS DEVELOPMENT AGENCY 
MINORITY BUSINESS DEVELOPMENT 
For necessary expenses of the Department of Commerce in foster-
ing, promoting, and developing minority business enterprise, includ-
ing expenses of grants, contracts, and other agreements with 
public or private organizations, $39,705,000, of which $25,321,000 
shall remain available until expended: Provided, That not to exceed 
$14,384,000 shall be available for program management for fiscal 
year 1988: Provided further. That none of the funds appropriated in 
this paragraph or in this title for the Department of (Commerce shall 
be available to reimburse the fund established by 15 U.S.C. 1521 on 
account of the performance of a program, project, or activity, nor 
shall such fund be available for the performance of a program, 
project, or activity, which had not been performed as a central 
service pursuant to 15 U.S.C. 1521 before July 1, 1982, unless the 
Appropriations Committees of both Houses of Congress are notified 
fifteen days in advance of such action in accordance with the 
Committees' reprogramming procedures. 
102 STAT. 2190 
PUBLIC LAW 100-459—OCT. 1, 1988 
UNITED STATES TRAVEL AND TOURISM ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses of the United States Travel and Tourism 
Administration including travel and tourism promotional activities 
abroad for travel to the United States and its possessions without 
r ^ a r d to the provisions of law set forth in 44 U.S.C. 3702 and 3703; 
and including employment of American citizens and aliens by con-
tract for services abroad; rental of space abroad for periods not 
exceeding five years, and expenses of alteration, repair, or improve-
ment; purchase or construction of temporary demountable exhi-
bition structures for use abroad; advance of funds under contracts 
abroad; payment of tort claims in the manner authorized in the first 
paragraph of 28 U.S.C. 2672, when such claims arise in foreign 
countries; and not to exceed $12,000 for representation expenses 
abroad; $13,800,000. 
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including 
33 use 851. 
acquisition, maintenance, operation, and hire of aircraft; 439 
commissioned officers on the active list; construction of facilities, 
including initial equipment; alteration, modernization, and reloca-
tion of facilities; and acquisition of land for facilities; $1,211,652,000, 
to remain available until expended; of which $3,000,000 shall be 
available for the EROS Data Center in South Dakota pursuant to 
section 602 of Public Law 98-365; and of which $1,941,500, includmg 
$941,500 previously appropriated, shall be available only for 
construction and renovation of facilities at the Stuttgart Fish Farm-
ing Experimental Station, Stuttgart, Arkansas; and of which 
$377,000 shall be available only for a semitropical research faciUty 
located at Key Largo, Florida; and of which $1,700,000 is for the St. 
Paul Pribilof Island Trust; and in addition, $28,717,000 shall be 
derived from the Airport and Airways Trust Fund; and in addition, 
$45,600,000 shall be derived by transfer from the Fund entitled 
"Promote and Develop Fishery Products and Research Pertaining to 
American Fisheries"; and in addition, $6,500,000 shall be derived by 
transfer from the Coastal Energy Impact Fund: Provided, That 
grants to States pursuant to section 306 and 306(a) of the Coastal 
Zone Management Act, as amended, shall not exceed $2,000,000 and 
shall not be less than $450,000. 
FISHERIES PROMOTIONAL FUND 
Of the funds deposited in the Fisheries Promotional Fund pursu-
ant to section 209 of the Fish and Seafood Promotion Act of 1986, 
$3,000,000, to remain avedlable until expended, shsdl be made avail-
able as authorized by said Act: Provided, That $135,000 of this 
amount shall be available only for a grant to the Seafood Consumer 
Research and Education Center, Astoria, Oregon. 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2191 
FISHERMEN S CONTINGENCY FUND 
For carrying out the provisions of title IV of Public Law 95-372, 
not to exceed $719,000, to be derived from receipts collected pursu-
ant to that Act, to remain available until expended. 
FOREIGN FISHING OBSERVER FUND 
For expenses necessary to carry out the provisions of the Atlantic 
Tunas Convention Act of 1975, as amended (Public Law 96-339), the 
Magnuson Fishery Conservation and Management Act of 1976, as 
amended (Public Law 94-265), and the AmericEin Fisheries Pro-
motion Act (Public Law 96-561), there are appropriated from the 
fees imposed under the foreign fishery observer program authorized 
by these Acts, not to exceed $1,919,000, to remain available until 
expended. 
PATENT AND TRADEMARK OFFICE 
SALARIES AND EXPENSES 
For necessary expenses of the Patent and Trademark Office, 
including defense of suits instituted against the Commissioner of 
Patents and Trademarks, $109,000,000 and, in addition, such fees as 
shall be collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 
376, to remain available until expended. 
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES 
For necessary expenses of the National Institute of Standards and 
Technology, $159,000,000, to remain available until expended, of 
which $250,000 shall be available for a grant to the Southwest 
Radiation Calibration Center at the University of Arkansas; and of 
which not to exceed $6,050,000 may be transferred to the "Working 
Capital Fund"; and of which $7,500,000 shall be for Regional Centers 
for Transfer of Manufacturing Technology; and of which $7,500,000 
shall be used to develop and fund for the period January 1, 1989, 
through December 31, 1991, a cooperative agreement, with a non-
Federal partner, for the establishment of a Center for Integrated 
Design, Non-Destructive Evaluation and Manufacturing. Of the 
funding provided for the Center for Integrated Design, Non-Destruc-
tive Evsduation and Manufacturing, 50 percent will be used for 
program operations and 50 percent for facilities development and 
equipment. The Institute will report to the House and Senate Reports. 
Committees on Appropriations on the status of the cooperative 
agreement with the Center for Integrated Design, Non-Destructive 
Evaduation and Manufacturing not later than February 1, 1989. 
NATIONAL TELECOMMUNICATIONS AND INFORMATION 
ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration, $13,630,000 
of which $700,000 shall remain available until expended. 
102 STAT. 2192 
PUBLIC LAW 100-459—OCT. 1, 1988 
Contracts. 
Loans. 
Gifts and 
property. 
Research and 
development. 
Department of 
Justice 
Appropriations 
Act, 1989. 
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND 
CONSTRUCTION 
For grants authorized by section 392 of the Communication Act of 
1934, as amended, $20,000,000, to remain available until expended: 
Provided, That not to exceed $1,500,000 shall be available for pro-
gram management as authorized by section 391 of the Communica-
tions Act of 1934, as amended: Provided further. That notwithstand-
ing the provisions of section 391 of the Communications Act of 1934, 
as amended, the prior year unobligated balances may be made 
available for grants for projects for which applications have been 
submitted and approved during any fiscal year: Provided 
further. 
That notwithstanding sections 391 and 392 of the Communications 
Act, as amended, up to $200,000 appropriated in this paragraph 
shall be available for the establishment and administration of the 
Pan-Pacific Educational and Cultural Experiments by Satellite pro-
gram (PEACESAT). 
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE 
SEC. 101. During the current fiscal year, applicable appropriations 
and funds made available to the Department of Commerce by this 
Act shall be available for the activities specified in the Act of 
October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner 
prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be 
used for advanced payments not otherwise authorized only upon the 
certification of officials designated by the Secretary that such pay-
ments are in the public interest. 
SEC. 102. During the current fiscal year, appropriations made 
available to the Department of Commerce by tMs Act for salaries 
and expenses shall be available for hire of passenger motor vehicles 
as authorized by 31 U.S.C. 1343 and 1344; services as authorized 
by 5 U.S.C. 3109; and uniforms or allowances therefor, as au-
thorized by law (5 U.S.C. 5901-5902). 
SEC. 103. No funds in this title shall be used to sell to private 
interests, except with the consent of the borrower, or contract with 
private interests to sell or administer, any loans made under the 
PubUc Works and Economic Development Act of 1965 or any loans 
made under section 254 of the Trade Act of 1974. 
SEC. 104. During the current fiscal year, the National Bureau of 
Standards is authorized to accept contributions of funds, to remain 
available until expended, from any pubUc or private source to 
construct a facility for cold neutron research on materials, notwith-
standing the limitations contained in 15 U.S.C. 278d. 
This title may be cited as the "Department of Commerce Appro-
priations Act, 1989". 
TITLE n—DEPARTMENT OF JUSTICE 
GENERAL ADMINISTRATION 
SALARIES AND EXPENSES 
For expenses necessary for the administration of the Department 
of Justice, $88,360,000: Provided, That balances previously made 
availsdble for Federal Justice Research activities may be used for 
other activities of this account. 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2193 
UNITED STATES PAROLE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the United States Parole Commission, 
as authorized by law, $10,893,000. 
LEGAL AcmvrnES 
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES 
For expenses necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including not to exceed 
$20,000 for expenses of collecting evidence, to be expended under the 
direction of the Attorney General and accounted for solely on his 
certificate; and rent of private or Government-owned space in the 
District of Columbia; $242,994,000, of which not to exceed $6,000,000 
for litigation support contracts shall remain available until Septem-
ber 30,1990: Provided, That of the funds available in this appropria-
tion, not to exceed $5,000,000 shall be available for office automation 
systems for the legal divisions covered by this appropriation, and for 
the United States Attorneys, the Antitrust Division, and offices 
funded through Salaries and expenses. General Administration, to 
remain available until expended: Provided further, That the Chief, 
United States National Central Bureau, INTERPOL, may esteblish 
and collect fees to process name checks and background records for 
noncriminal emplojmaent, licensing, and humanitarian purposes 
and, notwithstemding the provisions of 31 U.S.C. 3302, credit not 
more than $150,000 of such fees to this appropriation to be used for 
salaries and other expenses incurred in providing these services. 
SALARIES AND EXPENSES, ANTITRUST DIVISION 
For expenses necessary for the enforcement of antitrust and 
kindred laws, $44,937,000. 
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS 
For necessary expenses of the Offices of the United States Attor-
neys, $391,212,000. 
UNITED STATES TRUSTEE SYSTEM FUND 
For the necessary expenses of the United States Trustee Program, 
$47,370,000, to remain available until expended and to be derived 
from the Fund, for activities authorized by section 115 of the Bank-
ruptey Judges, United Stetes Trustees, and FamilyFarmer Bank-
ruptey Act of 1986 (Public Law 99-554): Provided, That deposits to 
the Fund are available in such amounts as may be necessary to pay 
refunds due depositors: Provided further. That obligated balances 
remaining in the appropriation "Salaries and expenses, oversight of 
bankruptcy cases" as of September 30, 1988, be merged with the 
"United Stetes Trustee System Fund". 
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION 
For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 
5 U.S.C. 3109; allowances and benefits similar to those allowed 
102 STAT. 2194 
PUBLIC LAW 100-459—OCT. 1, 1988 
under the Foreign Service Act of 1980 as determined by the Commis-
sion; expenses of packing, shipping, and storing personal effects of 
personnel assigned abroad; rental or lease, for such periods as may 
be necessary, of office space and living quarters of personnel as-
signed abroad; maintenance, improvement, and repair of properties 
rented or leased abroad, and furnishing fuel, water, and utilities for 
such properties; insurance on official motor vehicles abroad; ad-
vances of funds abroad; adveinces or reimbursements to other 
Grovernment agencies for use of their facilities and services in 
carrying out the functions of the Commission; hire of motor vehicles 
for field use only; and emplojnnent of aliens; $472,000. 
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE 
For necessary expenses of the United States Marshals Service; 
including acquisition, lease, maintengmce, and operation of vehicles 
and aircraft; $190,000,000: Provided, That notwithstanding the 
provisions of title 31 U.S.C. 3302, the Director of the United States 
Marshals Service may collect fees and expenses for the service of 
civil process, including: complaints, summonses, subpoenas and 
similar process; and seizures, levies, and sales associated with ju-
dicial orders of execution; and credit not to exceed $1,000,000 of such 
fees to this appropriation to be used for salaries and other expenses 
incurred in providing these services. 
SUPPORT OF UNITED STATES PRISONERS 
For support of United States prisoners in non-Federal institutions, 
$93,700,000, which shall remain available until expended; of which 
not to exceed $5,000,000 shall be available under the Cooperative 
Agreement Program for the purposes of renovating, constructing, 
and equipping State and local correctional facilities: Provided, That 
amounts made available for constructing any local correctional 
facility shall not exceed the cost of constructing space for the 
average Federal prisoner population to be housed in the facility, or 
in other facilities in the same correctional system, as projected by 
the Attorney General: Provided further. That following agreement 
on or completion of any federally assisted correctional facility 
construction, the availability of the space acquired for Federal 
prisoners with these Federal funds shall be assured and the per 
diem rate charged for housing Federal prisoners in the assured 
space shall not exceed operating costs for the period of time specified 
in the cooperative agreement. 
FEES AND EXPENSES OF WITNESSES 
For expenses, mileage, compensation, and per diems of witnesses, 
for private counsel expenses, and for per diems in lieu of subsist-
ence, as authorized by law, including advances; $52,203,000, to 
remain available until expended, of which not to exceed $1,350,000 
may be made available for planning, construction, renovation, 
maintenance, remodeling, and repair of buildings and the purchase 
of equipment incident thereto for protected witness safesites: Pro-
vided, That the Attorney General may enter into reimbursable 
agreements with other Federal Government agencies or components 
within the Department of Justice to pay expenses of private counsel 
to defend Federal Grovernment employees sued for actions while 
performing their official duties. 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2195 
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE 
For necessary expenses of the Community Relations Service, 
established by title X of the Civil Rights Act of 1964, $27,858,000, of 
which not to exceed $20,667,000 shsdl remain available until ex-
pended to make payments in advance for grants, contracts and 
reimbursable agreements and other expenses necessary under sec-
tion 501(c) of the Refugee Education Assistance Act of 1980 (Public 
Law 96-422; 94 Stat. 1809) for the processing, care, maintenance, 
security, transportation and reception and placement in the United 
States of Cuban and Haitian entrants: Provided, That notwithstand-
ing section 501(eX2XB) of the Refugee Education Assistance Act of 
1980 (Public Law 96-422; 94 Stat. 1810), funds may be expended for 
assistance with respect to Cuban and Haitian entrants as authorized 
under section 501(c) of such Act. 
ASSETS FORFEITURE FUND 
For expenses authorized by 28 U.S.C. 524, as amended by the 
Comprehensive Forfeiture Act of 1984 and the Anti-Drug Abuse Act 
of 1986, $75,000,000 to be derived from the Department of Justice 
Assets Forfeiture Fund. 
FEDERAL BUREAU OF INVESTIGATION 
SALARIES AND EXPENSES 
For expenses necessary for detection, investigation, and prosecu-
tion of crimes against the United States; including purchase for 
police-type use of not to exceed 2,600 passenger motor vehicles of 
which 1,850 will be for replacement only, without regard to the 
general purchase price limitation for the current fiscal year, £md 
hire of passenger motor vehicles; acquisition, lease, maintenance 
and operation of aircraft; and not to exceed $70,000 to meet unfore-
seen emergencies of a confidential character, to be expended under 
the direction of the Attorney General, and to be accounted for solely 
on his certificate; $1,424,100,000, of which not to exceed $15,100,000 
for INF treaty activities shall remain available until expended; of 
which not to exceed $25,000,000 for automated data processing and 
telecommunications and $1,000,000 for undercover operations shall 
remain available until September 30, 1990; of which not to exceed 
$3,000,000 for research related to investigative activities shall 
remain available until expended; and of which not to exceed 
$500,000 is authorized to be made available for making pajrments or 
advances for expenses arising out of contractual or reimbursable 
agreements with State and local law enforcement agencies while 
engaged in cooperative activities related to terrorism: Provided, 
That the Director of the Federal Bureau of Investigation may 
establish and collect fees to process fingerprint identification 
records for noncriminal emplojrment and licensing purposes, and 
notwithstanding the provisions of 31 U.S.C. 3302, credit such fees to 
this appropriation to be used for salaries and other expenses in-
curred in providing these services: Provided further. That not to 
exceed $45,000 shall be available for official reception and represen-
tation expenses: Provided further. That not to exceed $11,358,000 
for a language translation system shall remain available until 
expended. 
102 STAT. 2196 
PUBLIC LAW 100-459—OCT. 1, 1988 
DRUG ENFORCEMENT ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character, to be expended under the direction of the 
Attorney General, and to be accounted for solely on his certificate; 
purchase of not to exceed 549 passenger motor vehicles of which 489 
are for replacement only for police-type use without regard to the 
general purchase price limitation for the current fiscal year; and 
acquisition, 
lease, 
maintenance, 
and 
operation 
of 
aircraft; 
$505,000,000, of which not to exceed $1,200,000 for research shall 
remain available until expended; and of which not to exceed 
$1,700,000 for purchase of evidence and payments for information, 
not to exceed $4,000,000 for contracting for ADP and telecommuni-
cations equipment, not to exceed $2,000,000 for technical equipment, 
and not to exceed $15,150,000 for aircraft and equipment shall 
remain available until September 30,1990. 
IMMIGRATION AND NATURAUZATION SERVICE 
SALARIES AND EXPENSES 
For expenses, not otherwise provided for, necessary for the 
administration and enforcement of the laws relating to immigra-
tion, naturalization, and alien registration, including not to exceed 
$50,000 to meet unforeseen emergencies of a confidential character, 
to be expended under the direction of the Attorney General and 
accounted for solely on his certificate; purchase for police-type use 
(not to exceed 525, of which 512 shall be for replacement only) 
without regard to the general purchase price limitation for the 
current fiscal year, and hire of passenger motor vehicles; acquisi-
tion, lease, maintenance and operation of aircraft; and research 
related to immigration enforcement; $800,000,000, of which not to 
exceed $400,000 for research shall remain available until expended: 
Provided, That none of the funds available to the Immigration and 
Naturalization Service shall be available for administrative ex-
penses to pay any employee overtime pay in an amount in excess of 
$25,000 except in such instances when the Commissioner makes a 
determination that this restriction is impossible to implement: Pro-
vided further. That uniforms may be purchased without regard to 
the general purchase price limitation for the current fiscal year: 
Provided further, That capital assets acquired by the Immigration 
Legalization account may be made available for the general use of 
the Immigration and Naturalization Service after they are no longer 
needed for immigration legalization purposes. 
FEDERAL PRISON SYSTEM 
SALARIES AND EXPENSES 
For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, includ-
ing purchase (not to exceed 159 of which 109 are for replacement 
only) and hire of law enforcement euid passenger motor vehicles; 
42 use 250a. 
$953,012,000: Provided, That there may be transferred to the Health 
Resources and Services Administration such amounts as may be 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2197 
necessary, in the discretion of the Attorney General, for direct 
expenditures by that Administration for medical relief for inmates 
of Federal penal and correctional institutions: Provided further. 
That uniforms may be purchased without regard to the general 
purchase price limitation for the current fiscal year: Provided fur-
ther. That of the amount appropriated under this heading, 
$4,204,000 shall be for "Federal Prison Industries" to replace equip-
ment destroyed during the Mariel Cuban disturbances. 
NATIONAL INSTITUTE OF CORRECTIONS 
For carrjdng out the provisions of sections 4351-4353 of title 18, 
United States Code, which established a National Institute of 
Corrections, $9,590,000, to remain available until expended. 
BUILDINGS AND FACILITIES 
For planning, acquisition of sites and construction of new facili-
ties; purchase and acquisition of facilities and remodeling and equip-
ping of such facilities for penal and correctional use, including all 
necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings 
and facilities at existing penal and correctional institutions, includ-
ing all necessary expenses incident thereto, by contract or force 
account, $203,693,000 to remain available until expended: Provided, 
That labor of United States prisoners may be used for work per-
formed under this appropriation: Provided further. That not to 
exceed 10 per centum of the funds appropriated to "Buildings and 
Facilities" in this Act or any other Act may be transferred to 
"Salaries and Expenses", Federal Prison System upon notification 
by the Attorney General to the Committees on Appropriations of the 
House of Representatives and the Senate in compliance with provi-
sions set forth in section 606 of this Act. 
FEDERAL PRISON INDUSTRIES, INCORPORATED 
The Federal Prison Industries, Incorporated, is hereby authorized 
to make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, including not to 
exceed $20,000,000 in borrowing authority in fiscal year 1989 from 
the Secretary of the Treasury as authorized in legislation enacted 
subsequent to this Act, and to make such contracts and com-
mitments, without regard to fiscal year limitations as provided by 
section 104 of the Government Corporation Control Act, as 
amended, as may be necessary in carrying out the program set forth 
in the budget for the current fiscal year for such corporation, 
including purchase of (not to exceed five for replacement only) and 
hire of passenger motor vehicles. 
UMITATION ON ADMINISTRATIVE AND VOCATIONAL EXPENSES, FEDERAL 
PRISON INDUSTRIES, INCORPORATED 
Not to exceed $2,374,000 of the funds of the corporation shall be 
available for its administrative expenses, and not to exceed 
$4,677,000 for the expenses of vocational training of prisoners, both 
amounts to be available for services as authorized by 5 U.S.C. 3109, 
and to be computed on an accrual basis to be determined in accord-
ance with the corporation's prescribed accounting system in effect 
102 STAT. 2198 
PUBLIC LAW 100-459—OCT. 1, 1988 
on July 1, 1946, and such amounts shall be exclusive of depreciation, 
payment of claims, and expenditures which the said accounting 
system requires to be capitalized or charged to cost of commodities 
acquired or produced, including selling and shipping expenses, and 
expenses in connection with acquisition, construction, operation, 
maintenance, improvement, protection, or disposition of facilities 
and other property belonging to the corporation or in which it has 
an interest. 
OFFICE OF JUSTICE PROGRAMS 
Federal 
Register, 
publication. 
JUSTICE ASSISTANCE 
For grants, contracts, cooperative agreements, and other assist-
ance authorized by the Justice Assistance Act of 1984, Runaway 
Youth and Missing Children Act Amendments of 1984, and the 
Missing Children Assistance Act, including salaries and expenses in 
connection therewith, $89,383,000 to remain available until ex-
pended, of which $3,497,000 is provided for programs authorized 
under part E of the Justice Assistance Act of 1984, notwithstanding 
the provisions of section 407 of such Act, including $2,300,000 for the 
National Crime Prevention Campaign and $1,000,000 for Oper-
ational Information Systems Support. 
In addition, for grants as authorized by the State and Local Law 
Enforcement Assistance Act of 1986 (Public Law 99-570, 100 Stat. 
3207-42 to 3207-48), including salaries and expenses in connection 
therewith, $70,000,000, to remain available until expended, of which 
not less than $1,500,000 shall be made available for drug abuse 
demand reduction programs authorized under 42 U.S.C. 3761. 
In addition, for grants, contracts, cooperative agreements, and 
other assistance authorized by title II of the Juvenile Justice and 
Delinquency Prevention Act of 1974, as amended, including salaries 
and expenses in connection therewith, $64,692,000, to remain avail-
able until expended, and in addition, $2,000,000, to remain available 
until expended, to be derived from deobligated funds previously 
awarded under title II, part B, subparts I and II of the Juvenile 
Justice and Delinquency Prevention Act. 
In addition, $5,000,000 for the purpose of making grants to States 
for their expenses by reason of Mariel Cubans having to be incarcer-
ated in State facilities for terms requiring incarceration for the full 
period October 1, 1988, through September 30, 1989, following 
their conviction of a felony committed after having been paroled 
into the United States by the Attorney General: Provided, That 
within thirty days of enactment of this Act the Attorney General 
shall announce in the Federal Register that this appropriation will 
be made av£iilable to the States whose Governors certify by 
February 1,1989, a listing of names of such Mariel Cubans incarcer-
ated in their respective facilities: Provided further. That the Attor-
ney Greneral, not later than April 1,1989, will complete his review of 
the certified listings of such incarcerated Mariel Cubans, and make 
grants to the States on the basis that the certified number of such 
incarcerated persons in a State bears to the total certified number of 
such incarcerated persons: Provided further. That the amount of 
reimbursements per prisoner per annum shall not exceed $12,000. 
iV«''^ -^n^S^TtTT^ 
'•'^^^^i**?^-''' 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2199 
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE 
SEC. 201. A total of not to exceed $75,000 from funds appropriated 
to the Department of Justice in this title shall be available for 
official reception and representation expenses in accordance with 
distributions, procedures, and regulations established by the Attor-
ney General. 
SEC. 202. Notwithstanding any other provision of law, materials Highways. 
produced by convict labor may be used in the construction of any 
23 USC114 note. 
highways or portion of highways located on Federal-aid systems, £is 
described in section 103 of title 23, United States Code. 
SEC. 203. Appropriations for "Salaries and expenses. General 
Administration', "Salaries and expenses, United States Marshals 
Service", "Salaries and expenses. Federal Bureau of Investigation", 
"Salaries and expenses. Drug Enforcement Administration , "Sala-
ries and expenses. Immigration and Naturalization Service", and 
"Salaries and expenses. Federal Prison System", shall be available 
for uniforms and allowances therefor as authorized by law (5 U.S.C. 
5901-5902). 
SEC. 204. (a) Subject to subsection (\y) of this section, authorities 
contained in Public Law 96-132, "The Department of Justice Appro-
priation Authorization Act, Fiscal Year 1980", shall remain in effect 
until the termination date of this Act or until the effective date of a 
Department of Justice Appropriation Authorization Act, whichever 
is earlier. 
(bXD With respect to any undercover investigative operation of 
the Federal Bureau of Investigation or the Drug Enforcement 
Administration which is necessary for the detection and prosecution 
of crimes against the United States or for the collection of foreign 
intelligence or counterintelligence— 
(A) sums authorized to be appropriated for the Federal 
Bureau of Investigation and for the Drug Enforcement Adminis-
tration, for fiscal year 1989, may be used for purchasing prop-
erty, buildings, and other facilities, and for leasing space, within 
the United States, the District of Columbia, and the territories 
and possessions of the United States, without regard to section 
1341 of title 31 of the United States Code, section 3732(a) of the 
Revised Statutes (41 U.S.C. 11(a)), section 305 of the Act of 
June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the third undesig-
nated paragraph under the heading "Miscellaneous" of the Act 
of March 3,1877 (19 Stat. 370; 40 U.S.C. 34), section 3324 of title 
31 of the United States Code, section 3741 of the Revised 
Statutes (41 U.S.C. 22), and subsections (a) and (c) of section 304 
of the Federal Property and Administrative Service Act of 1949 
(63 Stat. 395; 41 U.S.C. 254 (a) and (c)), 
(B) sums authorized to be appropriated for the Federal 
Bureau of Investigation and for the Drug Enforcement Adminis-
tration, for fiscal year 1989, may be used to establish or to 
acquire proprietary corporations or business entities as part of 
an undercover investigative operation, and to operate such 
corporations or business entities on a commercial basis, without 
regard to section 9102 of title 31 of the United States Code, 
(C) sums authorized to be appropriated for the Federal 
Bureau of Investigation and for the Drug Enforcement Adminis-
tration, for fiscal year 1989, and the proceeds from such under-
cover operation, may be deposited in banks or other financial 
institutions, without regard to section 648 of title 18 of the 
102 STAT. 2200 
PUBLIC LAW 100-459—OCT. 1, 1988 
28 u s e 533 note. 
Reports. 
Reports. 
United States Code and section 3302 of title 31 of the United 
States Code, and 
(D) proceeds from such undercover operation may be used to 
ofTset necessary and reasonable expenses incurred in such oper-
ation, without r^ard to section 3302 of title 31 of the United 
States Code, 
only, in operations designed to detect and prosecute crimes against 
the United States, upon the written certification of the Director of 
the Federal Bureau of Investigation (or, if designated by the Direc-
tor, a member of the Undercover Operations Review Committee 
established by the Attorney General in the Attorney General's 
Guidelines on Federal Bureau of Investigation Undercover Oper-
ations, as in effect on July 1,1983) or the Administrator of the Drug 
Enforcement Administration, as the case may be, and the Attorney 
Greneral (or, with respect to Federal Bureau of Investigation under-
cover operations, if designated by the Attorney General, a member 
of such Review Committee), that any action authorized by subpara-
graph (A), (B), (C), or (D) is necessary for the conduct of such 
undercover operation. If the undercover operation is designed to 
collect foreign intelligence or counterintel^gence, the certMcation 
that any action authorized by subparagraph (A), (B), (C), or (D) is 
necessary for the conduct of such undercover operation shall be by 
the Director of the Federal Bureau of Invest^ation (or, if designated 
by the Director, the Assistant Director, Intelligence Division) and 
the Attorney General (or, if designated by the Attorney Greneral, the 
Counsel for Intelligence Policy). Such certification shall continue in 
effect for the duration of such undercover operation, without regard 
to fiscal years. 
(2) As soon as the proceeds from an undercover investigative 
operation with respect to which an action is authorized and carried 
out under subparagraphs (C) and (D) of subsection (a) are no longer 
necessary for the conduct of such operation, such proceeds or the 
balance of such proceeds remaining at the time shall be deposited in 
the Treasury of the United States as miscellaneous receipts. 
(3) If a corporation or business entity established or acquired as 
part of an imdercover operation under subparagraph (B) of para-
graph (1) with a net value of over $50,000 is to be liquidated, sold, or 
otherwise disposed of, the Federal Bureau of Investigation or the 
Drug Enforcement Administration, as much in advance as the 
Director or the Administrator, or the designee of the Director or the 
Administrator, determines is practicable, shall report the cir-
cumstances to the Attorney General and the Comptroller (jreneral. 
Tlie proceeds of the liquidation, sale, or other disposition, after 
obligations are met, shall be deposited in the Treasury of the United 
States as miscellaneous receipts. 
(4XA) The Federal Bureau of Investigation or the Drug Enforce-
ment Administration, as the case may be, shall conduct a detailed 
financial audit of each undercover investigative operation which is 
closed in fiscal year 1989— 
(i) submit the results of such audit in writing to the Attorney 
General, and 
(ii) not later than 180 days after such undercover operation is 
closed, submit a report to the Congress concerning such audit. 
(B) The Federal Bureau of Investigation and the Drug Enforce-
ment Administration shall each also submit a report annually to the 
Congress specifying as to their respective undercover investigative 
operations— 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2201 
(i) the number, by programs, of undercover investigative oper-
ations pending as of the end of the one-year period for which 
such report is submitted, 
(ii) the number, by programs, of undercover investigative 
operations commenced in the one-year period preceding the 
period for which such report is submitted, and 
(iii) the number, by programs, of undercover investigative 
operations closed in the one-year period preceding the period for 
which such report is submitted and, with respect to each such 
closed undercover operations, the results obtained. With respect 
to each such closed undercover operation which involves any of 
the sensitive circumstances specified in the Attorney General's 
Guidelines on Federal Bureau of Investigation Undercover 
Operations, such report shall contain a detailed description of 
the operation and related matters, including information 
pertaining to— 
(I) the results, 
(II) any civil claims, and 
(III) identification of such sensitive circumstances in-
volved, that arose at any time during the course of such 
undercover operation. 
(5) For purposes of paragraph (4)— 
(A) the term 
closed" refers to the earliest point in time at 
which— 
(i) all criminal proceedings (other than appeals) are con-
ducted, or 
(ii) covert activities are concluded, whichever, occurs 
later, 
(B) the term "employees" means employees, as defined in 
section 2105 of title 5 of the United States Code, of the Federal 
Bureau of Investigation, and 
(C) the terms "undercover investigative operations" and 
"undercover operation" means any undercover investigative 
operation of the Federal Bureau of Investigation or the Drug 
Enforcement Administration (other than a foreign counterintel-
ligence undercover investigative operation)— 
(i) in which— 
(I) the gross receipts (excluding interest earned) 
exceed $50,000, or 
(II) expenditures (other than expenditures for sala-
ries of employees) exceed $150,000, and 
(ii) which is exempt from section 3302 or 9102 of title 31 of 
the United States Code, 
except that clauses (i) and (ii) shall not apply with respect to the 
report required under subpargigraph (B) of such paragraph. 
SEC. 205. None of the funck appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term or in the case 
of rape: Provided, That should this prohibition be declared unconsti-
tutional by a court of competent jurisdiction, this section shall be 
null and void. 
SEC. 206. None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion. 
SEC. 207. Nothing in the preceding section shall remove the 
obligation of the director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service 
28 u s e 533 note. 
Abortion. 
Courts, U.S. 
Abortion. 
102 STAT. 2202 
PUBLIC LAW 100-459—OCT. 1, 1988 
outside the Federal facility: Provided, That nothing in this section 
in any way diminishes the effect of section 206 intended to address 
the philosophical beliefs of individual employees of the Bureau of 
Prisons. 
State and local 
SEC. 208. (a) Notwithstanding subsections (c) and (d) of section 223 
governments. 
of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5633), failure to achieve compliance with the requirements of 
subsection (aX14) of such section within the five-year time limitation 
specified in such subsection (aX14) shall terminate any State's eligi-
bility for funding for fiscal year 1989 under subpart I of part B of 
title II of such Act unless the Administrator of the Office of Juvenile 
Justice and Delinquency Prevention— 
(1) determines, in the discretion of the Administrator, that 
such State has— 
(AXi) removed not less than 75 percent of juveniles from 
jails and lockups for adults; or 
(ii) achieved substantial compliance with such subsection 
(aX14); and 
(B) made, through appropriate executive or legislative 
action, an unequivocal commitment to achieving full 
compliance within a reasonable time, not to exceed three 
additional years; or 
(2) waives the termination of the State's eligibility on the 
condition that the State agrees to expend all of the funds to be 
received under such subpart for such fiscal year by the State 
(excluding funds required to be expended to comply with subsec-
tions (c) £md (d) of section 222) of such Act, only to achieve 
compliance with such subsection (aX14). 
(b) Except £is provided in subsection (a) of this section, failure to 
achieve compliance with the requirements of subsection (aX14) of 
section 223 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5633) after December 8, 1985, shall terminate any 
State's eligibility for funding for fiscal year 1989 under subpart I of 
part B of title II of such Act unless the Administrator waives the 
termination of the State's eligibility on the condition that the State 
agrees to expend all of the funds to be received for such fiscal year 
under such subpart by the State (excluding funds required to be 
expended to comply with subsections (c) and (d) of section 222) of 
such Act, only to achieve compliance with section 223(a)(14) of such 
Act. 
(c) For purposes of subsection (aXlXAXii) of this section, a State 
may demonstrate that it is in substantial compliance with section 
223(aX14) of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5633(aX14)) by showing that it has— 
(1) removed all juvenile status offenders and nonoffenders 
from jails and lockups for adults; 
(2) made meaningful progress in removing other juveniles 
from jails and lockups for adults; 
(3) diligently carried out the State's plan to comply with such 
secton 223(aX14); and 
(4) historically expended, and continues to expend, to comply 
with such section 223(aX14) an appropriate and significant share 
of the funds received by the State under subpart I of part B of 
title II of such Act. 
(d) Authorities contained in this section shall remain in effect 
until the termination date of this Act or until the effective date of 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2203 
an Act to authorize appropriations for fiscal year 1989 for Juvenile 
Justice and Delinquency Prevention programs, whichever is earlier. 
SEC. 209. (a) Title 8, United States Code, section 1356 is amended 
by adding the following new subsections: 
"(m) Notwithstanding any other provisions of law, all adjudication 
fees as are designated by the Attorney General in regulations shall 
be deposited into a separate account entitled 'Immigration Examina-
tions Fee Account' in the Treasury of the United States, whether 
collected directly by the Attorney (Jeneral or through clerks of 
courts: Provided, however. That all fees received by the Attorney 
General from applicants residing in the Virgin Islands of the United 
States, and in Guam, under this subsection shall be paid over to the 
treasury of the Virgin Islands and to the treasury of Guam. 
"(n) All deposits into the 'Immigration Examinations Fee Ac-
count' in excess of $50,000,000 shall remain available until expended 
to the Attorney General to reimburse any appropriation the amount 
paid out of such appropriation for expenses in providing immigra-
tion adjudication and naturalization services and the collection, 
safeguarding and accounting for fees deposited in and funds re-
imbursed from the 'Immigration Examinations Fee Account'. At 
least annually, deposits in the amount of $50,000,000 shall be trans-
ferred from the Immigration Examinations Fee Account' to the 
General Fund of the Treeisury of the United States. 
"(o) The Attorney Greneral will prepare and submit annually to 
Congress statements of finEincial condition of the 'Immigration 
Examinations Fee Account', including beginning account balance, 
revenues, withdrawals, and ending account baleince and projections 
for the ensuing fiscal year. 
"(p) The provisions set forth in subsections (m), (n), and (o) of this 
section apply to adjudication and naturalization services performed 
and to related fees collected on or after October 1,1988.". 
Ot)) Title 8, United States Code, section 1455(g) is amended by 
inserting after "Treasury of the United States" the following: 
"except that all fees collected by the Attorney General on or after 
October 1, 1988, under the provisions of this subchapter, shall be 
deposited in the 'Immigration Examinations Fee Account' in the 
Treasury of the United States established pursuant to the provisions 
of sections 286 (m), (n), (o), and (p)". 
SEC. 210. (a) IN GENERAL.—Section 101(bX2) of the Immigration 
and Nationality Act (8 U.S.C. 1101(bX2)) is amended by inserting 
before the period at the end the following: ", except that, for 
purposes of paragraph dXF) in the case of an illegitimate child 
described in paragraph (IXD) (and not described in paragraph (IXC)), 
the term 'parent' does not include the natural father of the child if 
the father has disappeared or abandoned or deserted the child or if 
the father has in writing irrevocably releeised the child for emigra-
tion and adoption". 
Ot)) EFFECTIVE DATE.—The smiendment made by subsection (a) 
shall teike effect as if included in the enactment of section 315 of the 
Immigration Reform and Control Act of 1986 and shall expire on 
October 1,1989. 
SEC. 211. None of the funds appropriated or made available by this 
Act sh£dl be used prior to October 1,1989, to issue or implement any 
final rule in the rulemaking proceeding commenced August 8, 1986 
(51 Fed. Reg. 28576-28589). 
This title may be cited as the "Department of Justice Appropria-
tions Act, 1989'. 
Virgin Islands. 
Guam. 
Records. 
Termination 
date. 
8 u s e 1101 note. 
102 STAT. 2204 
PUBLIC LAW 100-459—OCT. 1, 1988 
Department of 
TITLE HI—DEPARTMENT OF STATE 
State 
Act^Tesg^ ^°^^ 
ADMINISTRATION OF FOREIGN AFFAIRS 
SALARIES AND EXPENSES 
Notwithstanding section 110 of Public Law 100-204, for necessary 
expenses of the Department of State and the Foreign Service, not 
otherwise provided for, including obligations of the United States 
abroad pursuant to treaties, international agreements, and bi-
national contracts (including obligations assumed in Germany on or 
after June 5,1945) and expenses authorized by section 9 of the Act of 
August 31, 1964, as amended (31 U.S.C. 3721), and section 2 of the 
State Department Basic Authorities Act of 1956, as amended (22 
U.S.C. 2669); telecommunications; expenses necessary to provide 
maximum physical security in Government-owned and leased prop-
erties and vehicles abroad; representation to certain international 
organizations in which the United States participates pursuant to 
treaties, ratified by the Senate, conventions, or specific Acts of 
Congress; acquisition by exchange or purchase of passenger motor 
vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and 22 
U.S.C. 2674, except that passenger motor vehicles with additional 
systems and equipment may be purchased without regard to any 
price limitation otherwise established by law as authorized by 31 
U.S.C. 1343(c), $1,784,000,000; and in addition not to exceed $250,000 
in r^istration fees collected pursuant to section 38 of the Arms 
Export Control Act, as amended, may be used in accordance with 
section 380i)X3XA) of such Act (section 1255(c) of Public Law 100-
204). 
REPRESENTATION ALLOWANCES 
For representation allowances as authorized by section 905 of the 
Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $4,590,000. 
PROTECTION OF FOREIGN MISSIONS AND OFFICIAIS 
For expenses, not otherwise provided for, to enable the Secretary 
of State to provide for extraordinary protective services in accord-
ance with the provisions of section 214 of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 4314), and to provide for the 
protection of foreign missions in accordance with the provisions of 3 
U.S.C. 208, $9,100,000. 
ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD 
For necessary expenses for carrying out the Foreign Service Build-
ings Act of 1926, as amended (22 U.S.C. 292-300), $240,021,000, to 
remain available until expended as authorized by 22 U.S.C. 2696(c): 
Provided, That none of the funds appropriated in this paragraph 
shall be available for acquisition of furniture and furnishings and 
generators for other departments and agencies. 
EBCERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE 
For expenses necessary to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular 
Service pursuant to the requirement of 31 U.S.C. 3526(e), $4,500,000, 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2205 
to remain available until expended as authorized by 22 U.S.C. 
2696(c). 
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN 
For necessary expenses to carry out the Taiwan Relations Act, 
Public Law 96-8 (93 Stat. 14), $10,890,000. 
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABIIJTY FUND 
For payment to the Foreign Service Retirement and Disability 
Fund, as authorized by law, $107,684,000. 
INTERNATIONAL ORGANIZATIONS AND CONFERENCES 
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 
Notwithstanding section 102(a) (1) through (11) of Public Law 100- 22 use 269a 
204, for expenses, not otherwise provided for, necessary to meet 
note. 
annual obligations of membership in internationgd multilateral 
organizations, pursuant to treaties ratified by the Senate, conven-
tions or specific Acts of Congress, $485,940,000: Provided, That none 
of the funds appropriated in this paragraph shall be available for a 
United States contribution to an international organization for the 
United States share of interest costs made known to the United 
States Government by such organization for loans incurred on or 
after October 1,1984, through externed borrowings. 
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES 
For payments, not otherwise provided for, by the United States for 
expenses of the United Nations peacekeeping forces as authorized 
by law, $29,000,000. 
INTERNATIONAL CONFERENCES AND CONTINGENCIES 
For necessary expenses authorized by section 5 of the State 
Department Basic Authorities Act of 1956, contributions for the 
United States share of general expenses of international organiza-
tions and representation to such organizations as provided for by 22 
U.S.C. 2656 and 2672 and personal services without regard to civil 
service and cleissification laws as authorized by 5 U.S.C. 5102, 
$6,000,000, to remain available until expended as authorized by 22 
U.S.C. 287(e), of which not to exceed $200,000 may be expended for 
representation as authorized by 22 U.S.C. 2269 and 4085. 
INTERNATIONAL COMMISSIONS 
For necessary expenses, not otherwise provided for, to meet 
22 use 269a 
obligations of the United States arising under treaties ratified by "
°
*
^
®
-
the Senate, conventions or specific Acts of Congress, as follows: 
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES 
A N D MEXICO 
For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and 
Mexico, and to comply with laws applicable to the United States 
Section, as follows: 
102 STAT. 2206 
PUBLIC LAW 100-459—OCT. 1, 1988 
SALARIES AND EXPENSES 
For salaries and expenses, not otherwise provided for, including 
preliminary surveys, operations and maintenance of the interceptor 
system to be constructed to intercept sewage flows from Tijuana and 
from selected canyon areas as currently planned, and the operation 
and maintenance upon completion of the proposed Environmental 
Protection Agency and Corps of Engineers pipeline and plant project 
to capture Tijuana sewage flows in the event of a major breakdown 
in Mexico's conveyance system, $10,261,000: Provided, That expendi-
tures for the Rio Grande bank protection project shall be subject to 
the provisions and conditions contained in the appropriation for said 
project as provided by the Act approved April 25, 1945 (59 Stat. 89). 
CONSTRUCTION 
For detailed plan preparation and construction of authorized 
projects, including the Rio Grande Rectification Improvement 
project, to remain available until expended as authorized by 22 
U.S.C. 2696(c), $3,166,000. 
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS 
For necessary expenses, not otherwise provided for, $4,316,000; for 
the International Joint Commission and the International Boundary 
Commission, as authorized by treaties between the United States 
and Canada or Great Britain. 
INTERNATIONAL FISHERIES COMMISSIONS 
For necessary expenses for international fisheries commissions, 
not otherwise provided for, as authorized by law, $10,548,000: Pro-
vided, That the United States share of such expenses may be 
advanced to the respective commissions, pursuant to 31 U.S.C. 529. 
OTHER 
UNITED STATES BILATERAL SCIENCE AND TECHNOLOGY AGREEMENTS 
For necessary expenses, not otherwise provided, for Bilateral 
Science and Technology Agreements, as authorized by section 105 of 
Public Law 100-204, $2,000,000, to remain available until expended 
as authorized by 22 U.S.C. 2696(c). 
PAYMENT TO THE ASIA FOUNDATION 
For a grant to the Asia Foundation as authorized by section 601 of 
Public Law 100-204, $13,700,000, to remain available until expended 
as authorized by 22 U.S.C. 2696(c). 
SOVIET-EAST EUROPEAN RESEARCH AND TRAINING 
For expenses, not otherwise provided for, to enable the Secretary 
of State to carry out the provisions of title VIII of Public Law 98-
164, $4,600,000. 
FISHERMEN'S G U A R A N T Y FUND 
For expenses necessary to carry out the provisions of section 7 of 
the Fishermen's Protective Act of 1967, as amended, $1,725,000, of 
-hia^r^-^*: jv?-''.^»?i 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2207 
which $900,000 is to be derived from the receipts collected pursuant 
to that Act, to remain available untU expended. 
GENERAL PROVISIONS—^DEPARTMENT OF STATE 
SEC. 301. Funds appropriated under this title shall be available, 
except as otherwise provided, for allowances and differentials as 
authorized by subchapter 59 of 5 U.S.C; for services as authorized by 
5 U.S.C. 3109; and hu*e of passenger transportation pursuant to 31 
U.S.C. 1343(b). 
SEC. 302. The Secretary of State shall report to the appropriate 
committees of the Congress on the obligation of funds provided for 
diplomatic security and related expenses every month. 
SEC. 303. (a) Section 303 of the Department of State Appropria-
tions Act, 1988 (as contained in section 101(a) of Public Law 100-
202), is amended in the first sentence— 
(1) by striking out "$290,000" and inserting in lieu thereof 
"$340,000"; 
(2) by striking out "and"; and 
(3) by inserting after "PubUc Law 86-420" the following: 
", and section 109(c) of the Department of State Authorization 
Act, Fiscal Years 1984 and 1985.". 
(b) Section 109(c) of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985, is amended— 
(1) by striking out "Of the amounts" and inserting in lieu 
thereof "There are"; 
(2) by striking out "for 'International Organizations and Con-
ferences' "; and 
(3) by striking out "may be used". 
(c) The amendments made by this section shall take effect on 
October 1,1988. 
SEC. 304. (a) Section 8 of the United Nations Participation Act of 
1945 is amended as follows: 
(1) by adding the words "serving abroad" after the words "in 
section 2 of this Act"; 
(2) by adding the word "abroad" after the words "such living 
quarters"; and 
(3) by deleting the last sentence of that section. 
(b) Section 9 of the United Nations Participation Act of 1945 is 
amended as follows: 
(1) by deleting all but subsection (2); 
(2) by renumbering subsection (2) as (3) and deleting the word 
"R-esident" therein and inserting the word "Secretary" in lieu 
thereof; and 
(3) by inserting the following: 
"SEC. 9. The Secretary of State may, under such r^ulations as he 
shall prescribe, and notwithstanding section 3648 of the Revised 
Statutes (31 U.S.C. 3324) and section 5536 of title 5, United States 
Code: 
"(1) Make available to the Representative of the United 
States to the United Nations and the Deputy Permanent Rep-
resentative of the United States to the United Nations Uving 
quarters leased or rented by the United States (for periods not 
exceeding ten years) and allowances for unusual expenses in-
cident to the operation and maintenance of such living quarters 
similar to those and to be considered for all purposes as au-
thorized by section 22 of the Administrative Expenses Act of 
Reports. 
22 u s e 4851 
note. 
22 u s e 276 note. 
97 Stat. 1019. 
Effective date. 
22 u s e 276 note. 
22 u s e 287e. 
22 u s e 287e-l. 
Regulations. 
United Nations. 
Housing. 
102 STAT. 2208 
PUBLIC LAW 100-459—OCT. 1, 1988 
5 use 73b-l. 
New York. 
Taxes. 
Contracts. 
Effective date. 
22 u s e 287e-l 
note. 
Teixes. 
Termination 
date. 
1946, as amended by section 311 of the Oversesis Differentials 
and Allowances Act. 
"(2) Make available in New York to no more than 18 foreign 
service employees of the staff of the United States Mission to 
the United Nations, other representatives, and no more than 
two employees who serve at the pleasure of the Representative, 
living quarters leased or rented by the United States (for peri-
ods not exceeding ten years). The number of employees to which 
such quarters will be made available shall be determined by the 
Secretary and shall reflect a significant reduction over the 
number of persons eligible for housing benefits as of the date of 
enactment of this provision. No employee may occupy a unit 
under this provision if the unit is owned by the employee. The 
Secretary shall require that each employee occup3dng housing 
under this subsection contribute to the Department of State a 
percentage of his or her base salary, in an amount to be 
determined by the Secretary of State, toward the cost of such 
housing. The Secretary may reduce such pajnnents to the extent 
of income taxes paid on the vsdue of the leased or rented 
quarters any pa5niients made by employees to the Department 
of State for occupancy by them of living quarters leased or 
rented under this section shall be credited to the appropriation, 
fund, or account utilized by the Secretary of State for such lease 
or rental or to the appropriation, fund, or account currently 
available for such purpose. 
"(4) The Inspector (Jeneral shall review the program estab-
lished by this section no later than December 1989 and periodi-
cally thereafter with a view to increasing cost savings and 
making other appropriate recommendations.'. 
(c) TRANSITION PROVISIONS.— 
(1) Provisions set forth in this section shall be effective July 1, 
1989. 
(2) In the event that taxes paid by an employee on the benefit 
provided under subsection (2) of section 9 exceed the contribu-
tion amount computed as a percentage of base salary under that 
subsection, the Department of State may reimburse the em-
ployee up to the amount of such differential for the period from 
the date of enactment of this Act through July 1,1989. 
SEC. 305. Notwithstanding section 130 of the Foreign Relations 
Authorization Act, Fiscal Years 1988-89 and section 414 of the 
Diplomatic Security Act and any other provisions of law, such funds 
as are authorized, or that may be authorized, under the Diplomatic 
Security Act or any other statute, and appropriated to the Depart-
ment of State under this or any other Act, may be hereafter 
obligated or expended for site acquisition, development, and 
construction of two new diplomatic facilities in Israel, Jerusalem, or 
the West Bank, provided that each facility (A) equally preserves the 
ability of the United States to locate its Ambassador or its Consul 
General at that site, consistent with United States policy; (B) shall 
not be denominated as the United States Embassy or Consulate 
until after construction of both facilities has begun, and construc-
tion of one facility has been completed, or is near completion; and 
(C) unless security considerations require otherwise, commences 
operation simultaneously. 
SEC. 306. (a) FINDINGS.—The Congress finds that— 
(1) The Senate in Public Law 99-399 and S. Res. 31 has twice 
called on the Secretary of State to review United States policy 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2209 
with respect to the continued recognition of the Soviet puppet 
regime in Afghanistan and continued United States diplomatic 
presence in Kabul to determine whether such recognition and 
presence is in the interest of the United States and the people of 
Afghanistan. 
(2) The majority and minority leaders of the United States 
Senate in a letter dated June 15, 1988, called for the appoint-
ment of an Ambassador at Large on Afghanistan to coordinate 
United States policies and programs with the Afghan Resist-
ance. 
(3) The Under Secretary of State for Political Affairs, appear-
ing before the Senate Foreign Relations Committee on June 23, 
1988, acknowledged that the dangers to the security of Amer-
ican personnel in Kabul, Afghanistan, would be expected to 
grow in the months ahead. 
(4) After more than eight years of warfare, the Resistance 
continues to control eighty percent of the territory of Afghani-
stan and h£is been instrumental in delivering social services and 
humanitarian resources inside Afghanistan. 
(5) The 
Administration 
has 
never 
responded 
in 
a 
comprehensive manner to the requests enumerated in para-
graphs (1) and (2). 
(b) IT IS THE SENSE OF THE CONGRESS THAT.— 
(1) The Administration should intensify its political dialogue 
with the Afghan Resistance and interact positively with their 
political and economic institutions. 
(2) The United States should actively seek first-hand informa-
tion on military and political developments in Afghanistan from 
the Afghan Resistance and should not rely solely on other 
countries for such information. 
(3) The President should confer diplomatic recognition at an 
appropriate time on an Afghan Government constituted by the 
Afghan Resistance that is broad based and genuinely represent-
ative of the Afghan people or a government that is directly 
elected by the Afghan people in a free and fair election. 
(c)(1) There is established in the Department of State the position 
of special envoy to the Afghan Resistance who shall be appointed by 
the President. 
(2) The special envoy shall hold the personal rank of Ambassador, 
and shall coordinate United States policies and programs with the 
Afghan Resistance. 
(3) It is the sense of the Congress that not later than 30 days after 
the date of enactment of this Act, the President should exercise the 
authority under section 302(aX2XB) of the Foreign Service Act of 
1980 to confer the rank of Ambassador on an individual who shall 
serve as the special envoy to the Afghan Resistance. 
This title may be cited as the ' Department of State Appropria-
tions Act, 1989". 
TITLE IV—THE JUDICIARY 
SUPREME COURT OF THE UNITED STATES 
President of U.S. 
The Judiciary 
Appropriations 
Act, 1989. 
SALARIES AND EXPENSES 
For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, includ-
ing purchase or hire, driving, maintenance and operation of an 
102 STAT. 2210 
PUBLIC LAW 100-459—OCT. 1, 1988 
automobile for the Chief Justice, not to exceed $10,000 for the 
purpose of transporting Associate Justices, and hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to 
exceed $10,000 for official reception and representation expenses; 
and for miscellaneous expenses, to be expended as the Chief Justice 
may approve; $15,901,000. 
CARE OF THE BUILDING AND GROUNDS 
For such expenditures as may be necessary to enable the Ar-
chitect of the Capitol to carry out the duties impeded upon him by 
the Act approved May 7, 1934 (40 U.S.C. 13a-13b), including 
improvements, maintenance, repairs, equipment, supplies, mate-
rials, and appurtenances; specisu clothii^ for workmen; and per-
sonal and otiier services (including temporary labor without r^ard 
to the Classification and Retirement Acts, as amended), and for 
snow removal by hire of men and equipment or under contract, 
without compliance with section 3709 of the Revised Statutes, as 
amended (41 U.S.C. 5), $2,131,000, of which $75,000 shall remain 
available until expended. 
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT 
SALARIES A N D EXPENSES 
For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized by 
law, $8,300,000. 
UNITED STATES COURT OF INTERNATIONAL TRADE 
SALARIES AND EXPENSES 
For salaries of the chief judge and eight judges; salaries of the 
officers and employees of the court; services as authorized by 5 
U.S.C. 3109; and necessary expenses of the court, as authorized by 
law, $8,000,000. 
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL 
SERVICES 
SALARIES AND EXPENSES 
For the salaries of circuit and district judges (including judges of 
the territorial courts of the United States), justices and judges 
retired from office or from r^^ular active service, judges of Qie 
Claims Court, bankruptcy judges, ms^istrates, and all other officers 
and employees of the Federal Judiciary not otherwise specifically 
provided for, and necessary expenses of the courts, as authorized 
by law, including the purchase of firearms and ammunition, 
$1,135,000,000: Provided, That of the total amount appropriated, 
$500,000 is to remain available until expended for acquisition of 
books, periodicals, and newspapers, and all other l^al reference 
materials, including subscriptions: Provided further. That the 
number of staff attorneys to be appointed in each of the courts of 
appeals shall not exceed the ratio of one attorney for each au-
thorized judgeship, exclusive of the seven attorneys assigned 
preai:gument conterenoe duties: Provided further. That, notwith-
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2211 
standing any other provision of law, not to exceed $1,500,000 for 
expenses of the Claims Court associated with processing cases under 
the National Childhood Vaccine Injury Act of 1986 shall be re-
imbursed from the special fund established to pay judgments 
awarded under the Act: Provided further. That any funds hereafter 
28 USC 2041 
collected by the Judiciary as a charge for services rendered in 
note. 
administering accounts kept in a court s registry shall be deposited 
into a separate account entitled "R^istry Administration Account" 
in the Treasury of the United States. Such funds shall remain 
available to the Judiciary until expended to reimburse any appro-
priation for the amount paid out of such appropriation for expenses 
of the Courts of Appeals, District Courts and Other Judicial Services 
and the Administrative Office of the United States Courts: Provided 
further. That such sums as may be available in the fund established 
pursuant to 28 U.S.C. 1931 may be credited to this appropriation as 
authorized by section 407(c) of the Judiciary Appropriation Act, 1987 
(PubUc Law 99-591; 100 Stat. 3341-64). 
DEFENDER SERVICES 
For the operation of Federal Public Defender and Community 
Defender organizations, the compensation and reimbursement of 
expenses of attorneys appointed to represent persons under the 
Criminal Justice Act of 1964, as amended, the compensation and 
reimbursement of expenses of persons furnishing investigative, 
expert and other services under the Criminal Justice Act (18 U.S.C. 
3006A(e)), and the compensation (in accordance with Criminal Jus-
tice Act maximums) and reimbursement of expenses of attorneys 
appointed to assist the court in criminal cases where the defendant 
has waived representation by counsel, and the compensation of 
attorneys appointed to represent jurors in civil actions for the 
protection of their employment, as authorized by 28 U.S.C. 1875(d); 
$95,100,000, to remain available until expended as authorized by 18 
U.S.C. 3006A(i). 
FEES OF JURORS AND COMMISSIONERS 
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 
and 1876; refreshments of jurors; compensation of jury commis-
sioners as authorized by 28 U.S.C. 1863; and compensation of 
conunissioners appointed in condemnation cases pursuant to rule 
71A(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix 
Rule 71A(h)); $43,135,000, to remain available until expended: Pro-
vided, 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, inspec-
tion of packages, directed security patrols, and other similar activi-
ties; $41,423,000, to be expended directly or transferred to the 
United States Marshals Service which shall be responsible for 
administering elements of the Judicial Security Program consistent 
with standards or guidelines agreed to by the Director of the 
102 STAT. 2212 
PUBLIC LAW 100-459—OCT. 1, 1988 
Administrative Office of the United States Courts and the Attorney 
General. 
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS 
SALARIES AND EXPENSES 
For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel, as authorized 
by 31 U.S.C. 1345 hire of a passenger motor vehicle £is authorized by 
31 U.S.C. 1343(b), advertising and rent in the District of Columbia 
and elsewhere, $33,600,000, of which an amount not to exceed $5,000 
is authorized for official reception and representation expenses. 
FEDERAL JUDICIAL CENTER 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Judicial Center, as au-
thorized by Public Law 90-219, $11,200,000. 
UNITED STATES SENTENCING COMMISSION 
SALARIES AND EXPENSES 
For the sedaries and expenses necessary to carry out the provi-
sions of chapter 58 of title 28, United States Code, $5,183,000. 
GENERAL PROVISIONS—THE JUDICIARY 
SEC. 401. Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109. 
SEC. 402. Appropriations made in this title shall be available for 
salaries and expenses of the Temporary Emergency Court of Ap-
peals authorized by Public Law 92-210 and the Special Court estab-
lished under the Regional Rail Reorganization Act of 1973, Public 
Law 93-236. 
SEC. 403. The position of Trustee Coordinator in the Bankruptcy 
Courts of the United States shall not be limited to persons with 
formal legal training. 
SEC. 404. Notwithstanding any other provision of law, the 
Administrative Office of the United States Courts, or any other 
agency or instrumentality of the United States, is prohibited from 
restricting solely to staff of the Clerks of the United States Bank-
ruptcy Courts the issuance of notices to creditors and other 
Mail. 
interested parties. The Administrative Office shall permit and 
encoursige the preparation and mailing of such notices to be per-
formed by or at the expense of the debtors, trustees or such other 
interested parties as the Court may direct and approve. The Director 
of the Administrative Office of the United States Courts shall make 
appropriate provisions for the use of and accounting for any postage 
Termination 
required pursuant to such directives. The provisions of this para-
date, 
graph shall terminate on October 1,1989. 
Mail. 
SEC. 405. Such fees as shall be collected for the preparation and 
meiiling of notices in bankruptcy cases as prescribed by the Judicial 
Conference of the United States pursuant to 28 U.S.C. 19300)) shall 
be deposited to the "Courts of Appeals, District Courts, and Other 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2213 
Judicial Services, Salaries and Expenses" appropriation to be used 
for salaries and other expenses incurred in providing these services. 
SEC. 406. Section 603 of title 28, United States Code, is amended by 
striking "three" and inserting in lieu thereof "six". 
SEC. 407. The second paragraph of section 332(f) of title 28, United 
States Code, is amended by striking "level V" and inserting in lieu 
thereof "level IV". 
This title may be cited as "The Judiciary Appropriations Act, 
1989". 
TITLE V—RELATED AGENCIES 
DEPARTMENT OF TRANSPORTATION 
MARITIME ADMINISTRATION 
READY RESERVE FORCE 
For necessaiy expenses to acquire and maintain a surge shipping 
capability in the National Defense Reserve Fleet in an advanced 
state of readiness and related programs, $110,751,000, to remain 
available until expended, of which $3,000,000 shall be available 
for maintenance and related expenses of the National Defense 
Reserve Fleet: Provided, That reimbursement may be made to the 
Operations and Training appropriation for expenses related to this 
program. 
OPERATING-DIFFERENTIAL SUBSIDIES (UQUIDATION OF CONTRACT 
AUTHORITY) 
For the pajrment of obligations incurred for operating-differential 
subsidies as authorized by the Merchant Marine Act, 1936, as 
amended, $248,900,000, to remain available until expended. 
OPERATIONS AND TRAINING 
For necessary expenses of operations and training activities au-
thorized by law, $66,250,000, to remain available until expended: 
Provided, That reimbursements may be made to this appropriation 
from receipts to the "Federal Ship Financing Fund" for administra-
tive expenses in support of that program in addition to any amount 
heretofore appropriated. 
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION 
Notwithstanding any other provision of this Act, the Maritime utilities. 
Administration is authorized to furnish utilities and services and Contracts. 
make necessary repairs in connection with any lease, contract, or 
occupancy involving Government property under control of the 
Maritime Administration and payments received by the Maritime 
Administration for utilities, services, and repairs so furnished or 
made shall be credited to the appropriation charged with the cost 
thereof: Provided, That rental payments under any such lease, 
contract, or occupancy on account of items other than such utilities, 
services or repairs shall be covered into the Treasury as miscellane-
ous 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 
19-194 o—91—Part a-
102 STAT. 2214 
PUBLIC LAW 100-459—OCT. 1, 1988 
contained in this Act, or in any prior appropriation Act and all 
receipts which otherwise would be deposited to the credit of said 
fund shall be covered into the Treasury as miscellaneous receipts. 
ARMS CONTROL AND DISARMAMENT AGENCY 
ARMS CONTROL AND DISARMAMENT ACTIVITIES 
For necessary expenses, not otherwise provided for, for arms 
control and disarmament activities, including not to exceed $55,000 
for official reception and representation expenses, authorized by the 
Act of September 26, 1961, as amended (22 U.S.C. 2551 et seq.), 
$31,030,000. 
BOARD FOR INTERNATIONAL BROADCASTING 
GRANTS A N D EXPENSES 
For expenses of the Board for International Broadcasting, includ-
ing grants to Radio Free Europe/Radio Liberty, Incorporated as 
authorized by the Board for International Broadcasting Act of 1973, 
as amended (22 U.S.C. 2871-2880), $194,900,000, of which not to 
exceed $52,000 may be made available for official reception and 
representation expenses as authorized by section 304(aX8) of the 
Board for International Broadcasting Act of 1973, as amended (22 
U.S.C. 2873(aX8)). 
ISRAEL RELAY STATION 
For an additional amount for the Board for International Broad-
casting for the purpose of making and overseeing grants to Radio 
Free Europe/Radio Liberty, Incorporated, and its suj^idiaries and of 
making payments as necessary in order to implement the agreement 
signed on June 18,1987, between the United States Government and 
the Government of Israel to establish and operate a radio relay 
station in Israel for use by Radio Free Europe/Radio Liberty and the 
Voice of America, $33,0()0,000, to remain available until expended. 
CHRISTOPHER COLUMBUS QUINCENTENARY JUBILEE COMMISSION 
SALARIES A N D EXPENSES 
For the necessary expenses of the Christopher Columbus 
Quincentenary Jubilee Commission as authorized by Public Law 98-
375, $212,000, to remain available until November 15, 1992, as 
authorized by section 1101)) of Public Law 98-375. 
COMMISSION ON AGRICULTURAL WORKERS 
SALARIES A N D EXPENSES 
For necessary expenses of the Commission on Agricultural Work-
ers as authorized by section 304 of Public Law 99-603 (100 Stat 
3431-3434), $500,000. 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2215 
COMMISSION ON THE BICENTENNIAL OF THE UNITED STATES 
CONSTITUTION 
SALARIES AND EXPENSES 
For necessary expenses of the Commission on the Bicentennial of 
the United States Constitution authorized by Pubhc Law 98-101 (97 
Stat. 719-723), $11,436,000, to remain available until expended, of 
which $4,500,000 is to be derived from unobligated balances made 
available under this heading in previous appropriations Acts, and of 
which $7,500,000 is for carrying out the provisions of Public Law 99-
194, including $2,992,000 for implementation of the National Bi-
centennial Competition on the Constitution and the Bill of Rights 
and $4,508,000 for educational programs about the Constitution and 
the Bill of Rights below the university level as authorized by such 
Act. 
COMMISSION ON CIVIL RIGHTS 
SALARIES AND EXPENSES 
For necessary expenses of the Commission on Civil Rights, includ-
ing hire of passenger motor vehicles, $5,707,000, of which $2,000,000 
is for regional offices and $700,000 is for civil rights monitoring 
activities: Provided, That not to exceed $20,000 may be used to 
employ consultants: Provided further, That not to exceed $185,000 
may be used to employ temporary or special needs appointees: 
Provided further, That none of the funds shall be used to employ in 
excess of four full-time individuals under Schedule C of the Excepted 
Service, exclusive of one special assistant for each Commissioner 
whose compensation shall not exceed the equivalent of 150 billable 
days at the daily rate of a level 11 salary under the Genered 
Schedule: Provided further. That not to exceed $40,000 shall be 
available for new, continuing or modifications of contracts for 
performance of mission-related external services: Provided further, 
That none of the funds shall be used to reimburse Commissioners for 
more than 75 billable days, with the exception of the Chairman who 
is permitted 125 billable days: Provided further, That the General Reports. 
Accounting Office shall audit the Commission's use of this appro-
priation under such terms and conditions as deemed appropriate by 
the Comptroller General and shall report its findings to the Appro-
priations Committees of the Senate and House of Representatives. 
COMMISSION ON SECURITY AND COOPERATION IN EUROPE 
SALARIES AND EXPENSES 
For necessary expenses of the Commission on Security and Co-
operation in Europe, as authorized by Public Law 94-304, $741,000, 
to remain available until expended as authorized by section 3 of 
Public Law 99-7. 
102 STAT. 2216 
PUBLIC LAW 100-459—OCT. 1, 1988 
COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRA-
TION AND COOPERATIVE ECONOMIC DEVELOPMENT 
SALARIES AND EXPENSES 
For necessary expenses of the Commission for the Study of Inter-
national Migration and Cooperative Economic Development as au-
thorized by title VI of Public Law 99-603, $1,290,000. 
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), including services 
as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; not 
to exceed $20,000,000 for p^ments to State and local enforcement 
agencies for services to the Commission pursuant to title VII of the 
Civil Rights Act, as amended, and sections 6 and 14 of the Age 
Discrimination in Employment Act; $180,712,000, of which $900,000 
shall be used to conduct a study in cooperation with the National 
Academy of Sciences to analyze the potential consequences of the 
elimination of mandatory retirement on institutions of higher edu-
cation, as authorized by Public Law 99-592 (100 Stat. 3344): Pro-
vided, That the final rule regarding unsupervised waivers under the 
Age Discrimination in Emplo3mient Act, issued by the Commission 
on August 27,1987 (29 CFR sections 1627.16(c) (l)-(3)), shall not have 
effect during fiscal year 1989: Provided further, That none of the 
funds may be obligated or expended by the Commission to give effect 
to any policy or practice pertaining to unsupervised waivers under 
the Age Discrimination in Employment Act, except that this proviso 
shall not preclude the Commission from investigating or processing 
clgiims of age discrimination, and pursuing appropriate relief in 
Federal court, regardless of whether an unsupervised waiver of 
rights has been sought or signed. 
FEDERAL COMMUNICATIONS COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Communications Commis-
sion, as authorized by law, including uniforms and allowances there-
for, as authorized by law (5 U.S.C. 5901-02); not to exceed $300,000, 
for land and structures; not to exceed $300,000 for improvement and 
care of grounds and repair to buildings; not to exceed $4,000 for 
ofHcied reception and representation expenses; purchase (not to 
exceed ten) and hire of motor vehicles; special counsel fees; and 
services as authorized by 5 U.S.C. 3109; $99,613,000, of which not to 
exceed $300,000 of the foregoing amount shall remain available 
until September 30, 1990, for research and policy studies: Provided, 
That none of the funds appropriated by this Act shall be used to 
repeal, to retroactively apply changes in, or to continue a re-
examination of, the policies of the Federal Communications 
Commission with respect to comparative licensing, distress sales and 
tax certificates granted under 26 U.S.C. 1071, to expand minority 
and women ownership of broadcasting licenses, including those 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2217 
established in the Statement of Policy on Minority Ownership of 
Broadcasting Facilities, 68 F.C.C. 2d 979 and 69 F.C.C. 2d 1591, as 
amended 52 R.R. 2d 1313 (1982) and Mid-Florida Television Corp., 60 
F.C.C. 2d 607 Rev. Bd. (1978), which were effective prior to Septem-
ber 12, 1986, other than to close MM Docket No. 86-484 with a 
reinstatement of prior policy and a lifting of suspension of any sales, 
licenses, applications, or proceedings, which were suspended pend-
ing the conclusion of the inquiry: Provided further. That none of the 
funds appropriated to the Federal (Communications (Commission by 
this Act may be used to diminish the number of VHF channel 
assignments reserved for noncommercial educational television sta-
tions in the Television Table of Assignments (section 73.606 of title 
47, (Code of Federal Regulations): Provided further. That none of the 
funds appropriated by this Act may be used to repeal, to retro-
actively apply changes in, or to begin or continue a reexamination of 
the rules and the policies established to administer such rules of the 
Federal Communications (Commission as set forth at section 
73.3555(c) of title 47 of the Code of Federal Regulations: Provided 
further. That the authority under the Supplemental Appropriations 
Act, 1985 (Public Law 99-88) with respect to the relocation of the 
Fort Lauderdale Monitoring Station shall extend through fiscal year 
99 Stat. 300. 
1989 and under the same terms and conditions of Public Law 99-88. 
FEDERAL MARITIME (COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Maritime (Commission as 
authorized by section 201(d) of the Merchant Marine Act of 1936, as 
amended (46 App. U.S.C. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 
U.S.C. 13430i)); and uniforms or allowances therefor, as authorized 
by 5 U.S.C. 5901-02; $13,585,000: Provided, That not to exceed $1,500 
shall be available for ofHcial reception and representation expenses. 
FEDERAL TRADE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Trade (Commission, includ-
ing uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-
5902; services as authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles; and not to exceed $2,000 for official reception and 
representation expenses; $66,243,000: Provided, That the funds 
appropriated in this paragraph are subject to the limitations and 
provisions of sections 10(a) and 10(c) (notwithstanding section l(Ke)), 
11(b), 18, and 20 of the Federal Trade (Conunission Improvements 
Act of 1980 (Public Law 96-252; 94 Stat. 374). 
INTERNATIONAL TRADE (COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles and services as au-
thorized by 5 U.S.C. 3109, and not to exceed $2,500 for official 
reception and representation expenses, $35,958,000. 
102 STAT. 2218 
PUBLIC LAW 100-459—OCT. 1, 1988 
JAPAN-UNITED STATES FRIENDSHIP COMMISSION 
JAPAN-UNITED STATES FRIENDSHIP TRUST FUND 
For expenses of the Japan-United States Friendship Commission 
as authorized by Public Law 94-118, as amended, from the interest 
earned on the Japan-United States Friendship Trust Fund, 
$1,415,000; and an amount of Japanese currency not to exceed the 
equivalent of $1,700,000 b£ised on exchange rates at the time of 
payment of such amounts as authorized by Public Law 94-118. 
LEGAL SERVICES CORPORATION 
PAYMENT TO THE LEGAL SERVICES CORPORATION 
For pajnnent to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, as amended, 
$308,555,000 of which $264,349,000 is for basic field programs, 
$7,022,000 is for Native American programs, $9,698,000 is for mi-
grant programs, $1,100,000 is for law school clinics, $1,000,000 is for 
supplemental field programs, $624,000 is for regional training cen-
ters, $7,228,000 is for national support, $7,843,000 is for State sup-
port, $865,000 is for the Clearinghouse, $510,000 is for computer 
assisted legal research regional centers, and $8,316,000 is for Cor-
poration management and administration. 
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, $953,000. 
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and 
the employment of experts and consultants as authorized by 5 
U.S.C. 3109, $15,229,000, of which $1,000,000 shall remain available 
until expended: Provided, That not to exceed $69,000 shall be avail-
able for official reception and representation expenses. 
SECURITIES AND EXCHANGE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Securities and Exchange Commis-
sion, including services as authorized by 5 U.S.C. 3109, and not to 
exceed $3,000 for official reception and representation expenses, 
$142,640,000, of which not to exceed $10,000 may be used toward 
funding a permanent secretariat for the International Association of 
Securities Commissioners. 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2219 
SMALL BUSINESS ADMINISTRATION 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses, not otherwise provided for, of the Small 
Business Administration, including hire of passenger motor vehicles 
and not to exceed $2,500 for official reception and representation 
expenses, $228,490,000, of which $45,000,000 shall be available for 
grants for performance in fiscal year 1989 or fiscal year 1990 for 
Small Business Development Centers as authorized by section 21(a) 
of the Small Business Act, as amended: Provided, That not more 
than $350,000 of this amount shall be made available to pay the 
expenses of the National Small Business Development Center Ad-
visory Board and to reimburse centers for participating in evalua-
tions as provided in section 20(a) of such Act, and to maintain a 
clearinghouse as provided in section 21(gX2) of such Act: Provided 
further. That none of the funds appropriated or made available by 
this Act or otherwise appropriated or made available to the Small 
Business Administration shall be used to adopt, implement, or 
enforce any rule or regulation with respect to the Small Business 
Development Center program authorized by section 21 of the Small 
Business Act, as amended (15 U.S.C. 648) nor may any of such funds 
be used to impose any restrictions, conditions or limitations on such 
program whether by standard operating procedure, audit guidelines 
or otherwise, unless such restrictions, conditions or limitations were 
in effect on October 1, 1987, unless specifically approved by the 
Committees on Appropriations under reprogramming procedures 
except that this provision shall not apply to uniform common rules 
applicable to multiple Federal departments and agencies including 
the Small Business Administration; nor may any of such funds be 
used to restrict in any way the right of association of participants in 
such program: Provided further. That none of the funds appro-
priated for the Small Business Administration under this Act may 
be used to impose any new or increased loan giiaranty fee or 
debenture guaranty fee unless specifically permitted by subse-
quently enacted authorizing legislation: Provided further. That none 
of the funds appropriated for the Small Business Administration 
under this Act may be used to impose any new or increased user fee 
or management assistance fee unless the Administration notifies 
the Appropriations Committees of the Senate and the House of 
Representatives and the Committees on Small Business of the 
Senate and the House of Representatives at least 30 days prior to 
the imposition of such fee. In addition, such sums as may be 
necessary for disaster loan-making activities, including loan servic-
ing, shall be transferred to this appropriation from the "Disaster 
Loan Fund". 
REVOLVING FUNDS 
The Small Business Administration is hereby authorized to make 
such expenditures, within the limits of funds and borrowing author-
ity available to its revolving funds, and in accord with the law, and 
to make such contracts and commitments without regard to fiscal 
year limitations as provided by section 104 of the Government 
Corporation Control Act, as amended, as may be necessary in carry-
ing out the programs set forth in the budget for the current fiscal 
102 STAT. 2220 
PUBLIC LAW 100-459—OCT. 1, 1988 
year for the "Disaster Loan Fund", the "Business Loan and Invest-
ment Fund", the "Lease Guarantees Revolving Fund", the "Pollu-
tion Control Equipment Contract Guarantees Revolving Fund", and 
the "Surety Bond Guarantees Revolving Fund". 
BUSINESS I/MN AND INVESTMENT FUND 
For additional capital for the "Business Loan and Investment 
Fund", $85,500,000, to remain available without fiscal year limita-
tion; and for additional capital for new direct loan obligations to be 
incurred by the "Business Loan and Investment Fund", $82,000,000, 
to remain avedlable without fiscal year limitation: Provided, That no 
funds appropriated under this Act may be used to sell direct loans 
which are held by the Small Business Administration or any loan 
guaranty or debenture guaranty made by the Small Business 
Administration under the authority contained in the Small Business 
Investment Act of 1958, and which was held by the Federal Financ-
ing Bank on September 30, 1987: Provided further. That up to 
$5,000,000 of the unobligated balances available in the "Business 
Loan and Investment Fund" may be transferred to "Salaries and 
Expenses", Small Business Administration upon notification by the 
Administrator to the Committees on Appropriations of the House 
and Senate in compliance with provisions set forth in section 606 of 
this Act. 
SURETY BOND GUARANTEES REVOLVING FUND 
For additional capital for the "Surety Bond Guarantees Revolving 
Fund", authorized by the Small Business Investment Act, as 
spnended, $9,497,000, to remsdn available without fiscal year 
limitation. 
POLLUTION CONTROL EQUIPMENT CONTRACT 
GUARANTEE REVOLVING FUND 
For additional capital for the "Pollution control equipment con-
tract guarantee revolving fund" authorized by the Small Business 
Investment Act, as amended, $13,656,000, to remain available with-
out fiscal year limitation. 
STATE JUSTICE INSTITUTE 
SALARIES AND EXPENSES 
For necessary expenses of the State Justice Institute, as au-
thorized by Public Law 98-620, $10,980,000, to remain available 
Termination 
until expended: Provided, That authorities contained in Public Law 
date. 
98-620, The State Justice Institute Act of 1984, shall remain in 
effect until the termination date of this Act or until the effective 
date of a State Justice Institute Authorization Act, whichever is 
earlier. 
UNITED STATES INFORMATION AGENCY 
SALARIES AND EXPENSES 
For expenses, not otherwise provided for, necessaiy to enable the 
United States Information Agency, as authorized by the Mutual 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2221 
Educational and Cultural Exchange Act of 1961, as amended (22 
U.S.C. 2451 et seq.), and the United States Information and Edu-
cational Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.), 
to carry out international communication, educational and cultural 
activities; and to carry out related activities authorized by law, 
including emplojnnent, without regard to civil service and classifica-
tion laws, of persons on a temporary basis (not to exceed $270,000, of 
this appropriation), as authorized by 22 U.S.C. 1471, expenses au-
thorized by the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), 
living quarters as authorized by 5 U.S.C. 5912, and allowances as 
authorized by 5 U.S.C. 5921-5928 and 22 U.S.C. 287e-l; and enter-
tainment, including official receptions, within the United States, not 
to exceed $20,000 as authorized by 22 U.S.C. 1474(3); $620,347,000, 
none of which shall be restricted from use for the purposes appro-
priated herein and of which $38,500,000 shall be available for the 
Television and Film Service: Provided, That not to exceed $1,132,000 
may be used for representation abroad as authorized by 22 U.S.C. 
1452 and 4085: Provided further, That not to exceed $9,546,300 of the 
amounts allocated by the United States Information Agency to carry 
out section 102(aX3) of the Mutual Educational and Cultural Ex-
change Act, as amended (22 U.S.C. 2452(aX3)), shall remain available 
untU expended: Provided further, That not to exceed $500,000 shall 
remain available until expended as authorized by 22 U.S.(I). 1477(b), 
for expenses (including those authorized by the Foreign Service Act 
of 1980) and equipment necessary for maintenance and operation of 
data processing and administrative services as authorized by 31 
U.S.C. 1535-1536: Provided further, That not to exceed $4,650,000 
may be credited to this appropriation from fees or other payments 
received from or in connection with English teaching, library, 
motion picture, and television programs as authorized by section 810 
of the United States Information and Educationed Exchange Act of 
1948, as amended: Provided further. That the funds appropriated by 
this paragraph shall be available notwithstanding section 201(2) and 
301(aX6) of Public Law 100-204 and notwithstanding section 701 of 
the United States Information and Educational Exchange Act of 
1948, as amended: Provided further. That the funds appropriated in 
this paragraph shall be available as authorized by Reorganization 
Plan No. 2 of 1977 (91 Stat. 1636). 
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS 
For expenses of Fulbright, International Visitor, Humphrey 
Fellowship, Private Sector, and Congress-Bundestag Exchange Pro-
grams, as authorized by the Mutual Educational and Cultural Ex-
change Act, as amended (22 U.S.C. 2451 et seq.). Reorganization Plan 
No. 2 of 1977 (91 Stat. 1636) $150,040,000, of which $9,290,000 is for 
Private Sector prc^ams including up to $1,500,000, to remain avail-
able until expend^, for the Eisenhower Exchange Fellowship Pro-
gram. 
RADIO CONSTRUCTION 
For an additional amount for the purchase, rent, construction, 
and improvement of facilities for radio transmission and reception 
and purchase and installation of necessary equipment for radio 
transmission and reception as authorized by 22 U.S.C. 1471, 
$65,000,000, to remain available until expended as authorized by 22 
102 STAT. 2222 
PUBLIC LAW 100-459—OCT. 1, 1988 
U.S.C. 1477b(a): Provided, That not to exceed $7,500,000 of these 
funds may be available for the purchase, rent, construction, 
improvement and equipping of facilities for and startup operations 
including a test of television broadcasting to Cuba: Provided further, 
That in conducting such startup operations the United States 
Information Agency shall use a tethered aerostat operated and 
located at Cudjoe Key Air Force Base in Key West, Florida, if 
feasible and subject to reimbursement, for both the United States 
Customs Service's drug interdiction efforts and the United States 
Information Agency's test of television broadcasting to Cuba: Pro-
vided further. That the Department of Defense shall provide the 
necessary military support required to support this effort to the 
maximum extent possible: Provided further, That all such television 
broadcasting activities shall be conducted for the same purposes 
and, to the extent feasible, under the same conditions, direction and 
controls as the radio broadcasting activities authorized by the Radio 
Broadcasting to Cuba Act: Provided further. That notwithstanding 
the preceding proviso, section 7 of the Radio Broadcasting to Cuba 
Act shall not apply to television broadcasting station licensees. 
RADIO BROADCASTING TO CUBA 
For an additional amount, necessary to enable the United States 
Information Agency to carry out the Radio Broadcasting to Cuba 
Act (providing for the Radio Marti Program or Cuba Service of the 
Voice of America), including the purchase, rent, construction, and 
improvement of facilities for radio transmission and reception and 
purchase and installation of necessary equipment for radio trans-
mission and reception as authorized by 22 U.S.C. 1471, $11,175,000. 
EAST-WEST CENTER 
To enable the Director of the United States Information Agency to 
provide for carrying out the provisions of the Center for Cultural 
and Technical Interchange Between East and West Act of 1960, by 
f
rant to any appropriate recipient in the State of Hawaii, 
20,000,000: Provided, That none of the funds appropriated herein 
shall be used to pay any salary, or to enter into any contract 
providing for the payment thereof, in excess of the rate authorized 
for GS-18 of the Classification Act of 1949, as amended, exclusive of 
any cap on such rate. 
NATIONAL ENDOWMENT FOR DEMOCRACY 
For grants made by the United States Information Agency to the 
National Endowment for Democracy as authorized by the National 
Endowment for Democracy Act, $15,800,000. 
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. 
Contracts. 
SEC. 603. The expenditure of any appropriation under this Act for 
Records. 
any consulting service through procurement contract, pursuant to 5 
Public 
information. 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2223 
U.S.C. 3109, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public inspec-
tion, except where otherwise provided under existing law, or under 
existing Elxecutive 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 such provision to 
persons or circumstances other than those as to which it is held 
invalid shall not be affected thereby. 
SEC. 605. Funds appropriated to the Legal Services Corporation 
and distributed to each grantee funded in fiscal year 1989 pursuant 
to the number of pjoor people determined by the Bureau of the 
Census to be within its geographical area shall be distributed in the 
following order: 
(1) grants from the L^al Services Corporation and contracts 
entered into with the Legal Services Corporation under section 
1006(aXl) shall be maintained in fiscal year 1989 at not less 
than $8.58 per poor person within the geographical area of each 
grantee or contractor under the 1980 census or 2 cents per poor 
person more than the annual per-poor-person level at which 
each grantee and contractor was funded in fiscal year 1988, 
whichever is greater; and 
(2) each such grantee shall be increased by an equal percent-
age of the amount by which such grantee's funding, including 
the increase under (1) above, falls below $15.75 per poor person 
within its geographical area under the 1980 census: 
Provided, That none of the funds appropriated in this Act for the 
Legal Services Corporation shall be used to bring a class action suit 
against the Federal Government or any State or local government 
unless— 
(1) the project director of a recipient has expressly approved 
the filing of such an action in accordance with policies estab-
lished by the governing body of such recipient; 
(2) the class relief which is the subject of such an action is 
sought for the primEiry benefit of individuals who are eligible 
for legal assistance; and 
(3) that prior to filing such an action, the recipient project 
director has determined that the government entity is not likely 
to change the policy or practice in question, that the policy or 
practice will continue to adversely affect eligible clients, that 
the recipient has given notice of its intention to seek class relief 
and that responsible efforts to resolve without litigation the 
adverse effects of the policy or practice have not been successful 
or would be adverse to the interest of the clients: 
except that this proviso may be superseded by regulations governing 
the bringing of class action suits promulgated by a majority of the 
Board of Directors of the Corporation who have been confirmed in 
accordance with section 1004(a) of the Legsd Services Corporation 
Act: Provided further. That none of the funds appropriated in this 
Act made available by the Legal Services Corporation may be 
used— 
(1) to pay for any publicity or propaganda intended or de-
signed to support or defeat legislation pending before Congress 
or State or local l^islative bodies or intended or designed to 
influence any decision by a Federal, State, or local agency; 
(2) to pay for any personal service, advertisement, telegram, 
telephone communication, letter, printed or written matter, or 
Disadvantaged 
persons. 
Grants. 
Contracts. 
102 STAT. 2224 
PUBLIC LAW 100-459—OCT. 1, 1988 
other device, intended or designed to influence any decision by a 
Federal, State, or local agency, except when legal assistance is 
provided by an einployee of a recipient to an eligible client on a 
particular application, claim, or case, which directly involves 
the client's legal rights or responsibilities; 
(3) to pay for any personal service, advertisement, telegram, 
telephone communication, letter, printed or written matter, or 
any other device intended or designed to influence any Member 
of Congress or any other FederaJ, State, or local elected offi-
cial— 
(A) to favor or oppose any referendum, initiative, con-
stitutional amendment, or any similar procedure of the 
Congress, any State legislature, any local council or emy 
similar governing body acting in a legislative capacity, 
(B) to favor or oppose an authorization or appropriation 
directly affecting the authority, function, or funding of the 
recipient or the Corporation, or 
(C) to influence the conduct of oversight proceedings of 
the recipient or the Corporation; 
(4) to pay for any personal service, advertisement, telegram, 
telephone communication, letter, printed or written matter, or 
any other device intended or designed to influence any Member 
of Congress or any other Federal, State, or local elected official 
to favor or oppose any Act, bill, resolution, or similar legisla-
tion, except that this proviso shall not preclude funds from 
being used to provide communication directly to a Federal, 
State, or local elected offici£il on a specific and distinct matter 
where the purpose of such communication is to bring the matter 
to the official's attention if— 
(A) the project director of a recipient has expressly ap-
proved in writing the undertaking of such communication 
to be made on behalf of a client or class of clients in 
accordance with policy established by the governing body of 
the recipient; and 
(B) the project director of a recipient has determined 
prior to the undertaking of such communication, that— 
(i) the client and each client is in need of relief which 
can be provided by the legislative body involved; 
(ii) appropriate judicial and administrative relief 
have been exhausted; and 
(iii) documentation has been secured from each eli-
gible client that includes a statement of the specific 
legal interests of the client, except that such commu-
nication may not be the result of participation in a 
coordinated effort to provide such communications 
under this proviso; and 
(C) the project director of a recipient maintains docu-
mentation of the expense and time spent under this proviso 
as part of the records of the recipient; or 
(D) the project director of a recipient has approved the 
submission of a communication to a legislator requesting 
introduction of a private relief bill: 
Communications except that nothing in this proviso shall prohibit communications 
and telecom- 
made in response to a request from a Federal, State, or local officigil: 
St'TTndTocai 
Provided further. That none of the funds appropriated in this Act 
governments.^ 
made available by the Legal Services Corporation may be used to 
pay for any administrative or related costs associated with an 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2225 
activity prohibited in clause (1), (2), (3), or (4) of the previous proviso: 
Provided further. That none of the funds appropriated under this 
Act for the L^al Services Corporation will be expended to provide 
l^al assistance for or on behalf of amy alien unless the alien is 
present in the United States and is— 
(1) an alien lawfully admitted for permanent residence as 
defined in section 101(aX20) of the Immigration and Nationality 
Act(8US.C.1101(aX20)); 
(2) an alien who is either married to a United States citizen or 
is a parent or an unmarried child under the age of twenty-one 
years of such a citizen and who has filed an appUcation for 
adjustment of status to permanent resident imder the Immigra-
tion and Nationality Act, and such application has not l ^ n 
rejected; 
(3) an alien who is lawfully present in the United States 
pursuant to an admission under section 207 of the Immigration 
and Nationality Act (8 U.S.C. 1157, relating to refugee admis-
sions) or who has been granted asylum by the Attorney General 
under such Act; or 
(4) an alien who is lawfully present in the United States as a 
result of the Attorney Gteneral's withholding of deportation 
pursuant to section 243(h) of the Immigration and Nationality 
Act (8 U.S.C. 1253(h)): 
Provided further. That an alien who is lawfully present in the 
United States as a result of being granted conditional entry pursu-
ant to section 203(a)(7) of the Inumgration and Nationality Act (8 
U.S.C. 1153(aX7)) before April 1,1980, because of persecution or fear 
of persecution on account of race, religion, or poUtical opinion or 
because of being uprooted by catastrophic natural calamity shall be 
deemed, for purposes of the previous proviso, to be an alien de-
scribed in clause (3) of the previous proviso: Provided further. That 
none of the funds appropriated for the Legal Services (I!orporation 
may be used to support or conduct training programs for the 
purpose of advocating particular public i)oUcies or encoura^g 
poUtical activities, labor or antilabor activities, boycotts, picketing, 
strikes, and demonstrations, including the dissemination of informa-
tion about such policies or activities, except that this provision shall 
not be construed to prohibit the training of attorneys or paralegal 
personnel necessary to prepare them to provide adequate legal 
assistance to eligible clients or to advise any eligible cUent as to the 
nature of the legislative process or inform any eligible client of his 
rights under statute, order, or r^ulation: Provided further. That 
none of the fimds appropriated in this Act for the Legal Services 
Corporation may be used to carry out the procedures established 
pursuant to section 1011(2) of the L^al Services Corporation Act 
unless the Corporation prescribes procedures to insure that finan-
cial assistance under this Act shall not be terminated, and a suspen-
sion of financial assistance shall not be continued for more than 
thirty days, unless the grantee, contractor, or person or entity 
receiving financial assistance under this Act has been afforded 
reasonable notice and opportunity for a timely, full, and fair hearing 
and, when requested, such hearing shall be conducted by an 
independent hearing examiner, subject to the following conditions— 
(1) such request for a hearing shall be made to the dbrpora-
tion within thirty days after receipt of notice to terminate 
financial assistance, deny an appUcation for refunding, or sus-
¥ • • . 
102 STAT. 2226 
PUBLIC LAW 100-459—OCT. 1, 1988 
pend financisd assistance and such hearing shall be conducted 
within thirty days of receipt of such request for a hearing; 
(2) the Corporation shall make such final decision within 
thirty days after completion of such hearing; and 
(3) hearing examiners shall be appointed by the Corporation 
in accordance with procedures established in regulations 
promulgated by the Corporation: 
Provided further, That none of the funds appropriated in this Act for 
the Legal Services Corporation may be used to carry out the proce-
dures established pursuant to section 1011(2) of the Legal Services 
Corporation Act unless the Corporation prescribes procedures to 
ensure that an application for refunding shall not be denied unless 
the grantee, contractor, or person or entity receiving assistance 
under this Act has been afforded reasonable notice and opportunity 
for a timely, full, and fair hearing to show cause why such action 
should not be taken and subject to all other conditions of the 
previous proviso: Provided further. That none of the funds appro-
priated in this Act for the Legal Services Corporation shall be used 
by the Corporation in making grants or entering into contracts for 
legal assistance unless the Corporation insures that the recipient is 
either (1) a private attorney or attorneys (for the sole purpose of 
furnishing legal assistance to eligible clients) or (2) a qualified 
nonprofit organization chartered under the laws of one of the States, 
a purpose of which is furnishing legal assistance to eligible clients, 
the majority of the board of directors or other governing body of 
which organization is comprised of attorneys who are admitted to 
practice in one of the States and who are appointed to terms of office 
on such board or body by the governing bodies of State, county, or 
municipal bar associations the membership of which represents a 
majority of the attorneys practicing law in the locality in which the 
organization is to provide legal assistimce: Provided further. That 
none of the funds appropriated in this Act for the Corporation shall 
be used, directly or indirectly, by the Corporation to promulgate new 
regulations or to enforce, implement, or operate in accordance with 
regulations effective after April 27, 1984, unless the Appropriations 
Committees of both Houses of Congress have been notified fifteen 
days prior to such use of funds as provided for in section 606 of this 
Act: Provided further, That none of the funds appropriated to the 
Legal Services Corporation for fiscal years prior to fiscal year 1986 
and carried over into fiscal year 1989, either by the Corporation 
itself or by any recipient of such funds, may be expended, unless 
such funds are expended in accordance with the preceding restric-
tions and provisos, except that such funds may be expended for the 
continued representation of aliens prohibited by said provisos where 
such representation commenced prior to January 1, 1983, or as 
approved by the Corporation: Provided further. That if a Presi-
dential Order pursuant to Public Law 100-119, the Balanced Budget 
and Emergency Deficit Control Reaffirmation Act of 1987, is issued 
for fiscal year 1989, funds provided to each grantee of the Legal 
Services Corporation shall be reduced by the percentage specified in 
the Presidential Order: Provided further. That if funds become 
available to the Legal Services Corporation because a national 
support center has been defunded or denied refunding pursuant to 
section 1011(2) of the Legal Services Corporation Act, as amended by 
this Act, such funds may be transferred to basic field programs to be 
distributed in the manner specified by this Act: Provided further. 
That none of the funds appropriated by this Act or prior Acts or any 
PUBLIC LAW 100-459—OCT. 1, 1988 
102 STAT. 2227 
other funds available to the Corporation or a recipient may be used 
by an officer, board member, employee or consultant of the Corpora-
tion or by any recipient to implement or enforce the 1984 and 1986 
rq^ations on l^islative and administrative advocacy (Part 1612) or 
to implement, enforce or keep in effect provisions in the regulation 
regarding l^islative and administrative advocacy and training 
(Part 1612, 52 FR 28434 (July 29,1987)) which impose restrictions on 
private fiinds except to the extent that such restrictions are 
explicity set forth in sections 1007 (aX5), Ot)X6), (bX7), and 1010(c) of 
the L^al Services (Corporation Act, as amended: Provided further, 
That the Ck)rporation shall not impose requirements on governing 
bodies of the recipients that are additionsd to, or more restrictive 
than, the provisions of this Act and section 1007(c) of the Legal 
Services Corporation Act, as amended, including, but not limited to 
(1) the procedures of appointment, including the political affiliation 
and the length of terms of board members and (2) the size, quorum 
requirements and committee operations of such governing bodies: 
Provided further. That none of the funds appropriated under this 
Act to the Legal Services Corporation may be used by the (>)rpora-
tion or any recipient to participate in any litigation with respect to 
abortion: Provided further. That the O)rporation shall utilize the 
same formula for distribution of fiscal year 1989 migrant funds as 
was used in fiscal year 1988: Provided further, That the fourteenth 
and fifteenth provisos of this section (relating to Parts 1607 and 1612 
of the C!orporation's regulations) shall expire upon action by the 
United States Senate confirming a Board of Directors of the Legal 
Services (Corporation composed of individuals who are nominated by 
the President after January 20,1989: Provided further. That a Board 
of Directors of the Legal Services Corporation, compcKsed of individ-
uals nominated by the President after January 20, 1989 and subse-
quently confirmed by the United States Senate, shsdl develop and 
implement a system for the competitive award of all grants and 
contracts, including support centers, to take effect after September 
30,1989. 
SEC. 606. (a) None of the fimds provided under this Act shall be 
available for obligation or expenditure through a reprogramming of 
funds which: (1) creates new programs; (2) eliminates a program, 
project, or activity; (3) increases funds or personnel by any means 
for any project or activity for which funds have been denied or 
restricted; (4) relocates an office or employees; (5) reorganizes offices, 
programs, or activities; or (6) contracts out or privatizes any func-
tions or activities presently performed by Federal employees; unless 
the Appropriations Clommittees of both Houses of Congress are 
notified fifteen days in advemce of such reprqp*amming of funds. 
(b) None of the funds provided under this Act shall be available 
for obligation or expenditure for activities, programs, or projects 
through a reprc^amming of funds in excess of $250,000 or 10 per 
centum, whichever is less, that: (1) augments existing programs, 
projects, or activities; (2) reduces by 10 per centum funding for any 
existing pn^am, project, or activity, or numbers of personnel by 10 
per centum as approved by Congress; or (3) results from any general 
savings from a reduction in personnel which would result in a 
change in existing pix^rams, activities, or projects as approved by 
Ck>ngress, unless the Appropriations Committees of both Houses of 
(Congress are 
notified 
fifteen 
days in advance of such 
repn^ramming of funds. 
Termination 
date. 
42 u s e 2996f 
note. 
President of U.S. 
Grants. 
Contracts. 
Effective date. 
102 STAT. 2228 
PUBLIC LAW 100-459—OCT. 1, 1988 
Wages. 
Government 
organization and 
employees. 
Regulations. 
47 u s e 303 note. 
97 Stat. 720. 
Printing. 
SEC. 607. Such sums as may be necessary for fiscal year 1989 pay 
raises for programs funded by this Act shsdl be absorbed within the 
levels appropriated in this Act. 
SEC. 608. By January 31, 1989, the Federal Communications 
Commission shall promulgate regulations in accordance with section 
1464, title 18, United States Code, to enforce the provisions of such 
section on a 24 hour per day basis. 
SEC. 609. No funds appropriated under this Act may be expended 
by the United States Civil Rights Commission, directly or indirectly, 
for the purpose of enforcing subpoenas issued in conjunction with 
any investigations by the Commission into implementation by 
Indian tribal governments of title II of the Civil Rights Act of 1968, 
also known as the Indian Civil Rights Act (Act of AprU 11, 1968; 82 
Stat. 77; 25 U.S.C. 1301, et seq.), until sixty days following the 
receipt by this Committee and the Select Committee on Indian 
Affairs of an opinion by the Comptroller General of the United 
States regarding the scope of authority and jurisdiction of the 
United States Civil Rights Commission over Indian tribal govern-
ment officials pursuant to the Indian Civil Rights Act. 
SEC. 610. Public Law 98-101 is amended by inserting at the end of 
section 5 the following subsections— 
"(m) Amounts received under subsection (h) and subsection (j) of 
this section shall be available to the Commission for official recep-
tion and representation expenses. 
"(n) An income account shall be available to the Commission 
without fiscal year limitation for printing, without regard to section 
501 of title 44, and for distribution of Commission publications. The 
capital for the account shall consist of receipte from sales of 
Commission publications bearing the Bicentennial logo, including 
receipts received prior to the date of enactment of this subsection. 
Any unobligated and unexpended balance in the account which the 
Commission determines to be in excess of amounts needed for 
printing and distribution of publications, and any unobligated bal-
ance remaining in the account on December 31, 1991, shall be 
deposited in the Treasury of the United States.". 
This Act may be cited as the "Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 
1989". 
Approved October 1, 1988. 
LEGISLATIVE HISTORY— H.R. 4782: 
HOUSE REPORTS: No. 100-688 (Comm. on Appropriations) and No. 100-979 (Comm. 
of Conference). 
SENATE REPORTS: No. 100-388 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
June 15, considered and passed House. 
July 26, 27, considered and passed Senate, amended. 
Sept. 27, House agreed to conference report; receded and concurred in certain 
Senate amendments, in others with amendments. Senate agreed to confer-
ence report; concurred in House amendments.