< Back to H.R. 4782 (100th Congress, 1987–1988)

Text of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1989

This bill was enacted after being signed by the President on October 1, 1988. The text of the bill below is as of Oct 1, 1988 (Passed Congress/Enrolled Bill).

102 STAT. 2186                   PUBLIC LAW 100-459—OCT. 1, 1988

                 Public Law 100-459
                 100th Congress
                                                     An Act
  Oct. 1, 1988   Making appropriations for the Departments of Commerce, Justice, and State, the
                  Judiciary, and related agencies for the fiscal year ending September 30, 1989, and
  [H.R. 4782]     for other purposes.

                   Be it enacted by the Senate and House of Representatives of the
Departments of   United States of America in Congress assembled, That the following
Commerce,        sums are appropriated, out of any money in the Treasury not
Justice, and
State, the       otherwise appropriated, for the Departments of Commerce, Justice,
Judiciary, and   and State, the Judiciary, and related agencies for the fiscal year
Related          ending September 30,1989, and for other purposes, namely:
Agencies
Appropriations
Act, 1989.                     TITLE I—DEPARTMENT OF COMMERCE
Department of
Commerce                                  GENERAL ADMINISTRATION
Appropriations
Act, 1989.
                                            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 P r < ^ a m 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- 19 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 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). Contracts. SEC. 103. No funds in this title shall be used to sell to private Loans. 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. Gifts and SEC. 104. During the current fiscal year, the National Bureau of property. Standards is authorized to accept contributions of funds, to remain Research and development. 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". Department of TITLE n—DEPARTMENT OF JUSTICE Justice Appropriations Act, 1989. 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 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 Federal into the United States by the Attorney General: Provided, That Register, within thirty days of enactment of this Act the Attorney General publication. 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.
i V « ' ' ^ -^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 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. 28 u s e 533 note. (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 Reports. (ii) not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit. Reports. (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)— 28 u s e 533 note. (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 Abortion. available to pay for an abortion, except where the life of the mother Courts, U.S. 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 Abortion. 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
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 Virgin Islands. General from applicants residing in the Virgin Islands of the United Guam. 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 Records. 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) Termination shall teike effect as if included in the enactment of section 315 of the date. Immigration Reform and Control Act of 1986 and shall expire on 8 u s e 1101 note. 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'.
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. F I S H E R M E N ' 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 Reports. committees of the Congress on the obligation of funds provided for 22 u s e 4851 diplomatic security and related expenses every month. note. 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— 22 u s e 276 note. (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— 97 Stat. 1019. (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 Effective date. October 1,1988. 22 u s e 276 note. SEC. 304. (a) Section 8 of the United Nations Participation Act of 1945 is amended as follows: 22 u s e 287e. (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 22 u s e 287e-l. 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 Regulations. shall prescribe, and notwithstanding section 3648 of the Revised United Nations. Statutes (31 U.S.C. 3324) and section 5536 of title 5, United States Housing. 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
102 STAT. 2208 PUBLIC LAW 100-459—OCT. 1, 1988 5 use 73b-l. 1946, as amended by section 311 of the Oversesis Differentials and Allowances Act. New York. "(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 Taxes. housing. The Secretary may reduce such pajnnents to the extent Contracts. 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.— Effective date. (1) Provisions set forth in this section shall be effective July 1, 22 u s e 287e-l 1989. note. (2) In the event that taxes paid by an employee on the benefit Teixes. Termination provided under subsection (2) of section 9 exceed the contribu- date. 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 President of U.S. 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 The Judiciary Appropriations Act, 1989. SUPREME COURT OF THE UNITED STATES SALARIES AND EXPENSES For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, 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 ^ a l 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 ^ i s t r y 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 ^ m e n t s 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 / M N 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 p r c ^ a m s 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 rant to any appropriate recipient in the State of Hawaii, f20,000,000: 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 Disadvantaged and distributed to each grantee funded in fiscal year 1989 pursuant persons. 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 ^ a l Services Corporation and contracts Grants. entered into with the Legal Services Corporation under section Contracts. 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
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 ^ a l 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 Termination and fifteenth provisos of this section (relating to Parts 1607 and 1612 date. 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 42 u s e 2996f of Directors of the Legal Services Corporation, compcKsed of individ- note. uals nominated by the President after January 20, 1989 and subse- President of U.S. quently confirmed by the United States Senate, shsdl develop and Grants. implement a system for the competitive award of all grants and Contracts. contracts, including support centers, to take effect after September Effective date. 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 p n ^ a m , 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.
102 STAT. 2228 PUBLIC LAW 100-459—OCT. 1, 1988 Wages. SEC. 607. Such sums as may be necessary for fiscal year 1989 pay Government organization and raises for programs funded by this Act shsdl be absorbed within the employees. levels appropriated in this Act. Regulations. SEC. 608. By January 31, 1989, the Federal Communications 47 u s e 303 note. 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 97 Stat. 720. 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. Printing. "(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.