Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999

TABLE OF CONTENTS:

Title I: Department of Justice

Title II: Department of Commerce and Related Agencies

Title III: The Judiciary

Title IV: Department of State and Related Agencies

Title V: Related Agencies

Title VI: General Provisions

Title VII: Rescissions

Title VIII: Citizens Protection

Subtitle A: Ethical Standards for Federal Prosecutors

Subtitle B: Punishable Conduct

Title IX: Additional General Provisions

Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 - Makes appropriations for FY 1999 for the Departments of Commerce, Justice, and State, the judiciary, and related agencies.

Title I: Department of Justice - Department of Justice Appropriations Act, 1999 - Makes appropriations for the Department of Justice for: (1) general administration; (2) counterterrorism activities; (3) administration of pardon and clemency petitions and immigration-related activities; (4) the Office of Inspector General; (5) the U.S. Parole Commission; (6) legal activities; (7) antitrust activities; (8) the Offices of U.S. Attorneys; (9) the U.S. Trustee Program; (10) the Foreign Claims Settlement Commission; (11) the U.S. Marshals Service, including an amount for expenses related to prisoners in the custody of the Marshals Service; (12) fees and expenses of witnesses; (13) the Community Relations Service; (14) certain uses of the Assets Forfeiture Fund; (15) administrative expenses related to the Radiation Exposure Compensation Act; (16) interagency law enforcement with respect to organized crime drug trafficking; (17) the Federal Bureau of Investigation; (18) construction for specified agencies; (19) the Drug Enforcement Administration; (20) the Immigration and Naturalization Service, including an amount for violent crime reduction programs; (21) the Federal prison system, including amounts for buildings and facilities; (22) the Office of Justice programs; (23) State and local law enforcement assistance, including amounts for violent crime reduction programs; (24) the Executive Office for Weed and Seed; (25) community-oriented policing services for violent crime reduction; (26) juvenile justice programs; and (27) public safety officers' benefits.

Sets forth authorized uses of, and limitations on, such funds.

Establishes a Justice Prisoner and Alien Transportation System Fund for the payment of expenses related to the scheduling and transportation of U.S. prisoners and illegal and criminal aliens in the custody of the U.S. Marshals Service.

(Sec. 103) Prohibits the use of funds appropriated by this title to: (1) pay for abortions except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape; or (2) require any person to perform or facilitate an abortion.

(Sec. 109) Amends the Federal judicial code to extend the authority of the Attorney General to transfer real or personal property of limited value to State or local government agencies to support drug abuse treatment, drug and crime prevention and education, housing, job skills, and other community-based public health and safety programs during FY 1999.

(Sec. 112) Requires the Director of the Bureau of Prisons to submit a study to specified congressional committees that evaluates the growth and development of the private prison industry during the past 15 years, training qualifications of personnel at such prisons, and security procedures of such facilities and compares the general standards and conditions of private and Federal prisons.

Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 1999 - Makes appropriations for the Department of Commerce for: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission; (3) international trade administration; (4) export administration and national security activities; (5) the Economic Development Administration; (6) minority business development; (7) economic and statistical analysis programs; (8) the Census Bureau; (9) the National Telecommunications and Information Administration; (10) public telecommunications facilities, planning, and construction grants; (11) information infrastructure grants; (12) the Patent and Trademark Office; (13) the Under Secretary for Technology-Office of Technology Policy; (14) the National Institute of Standards and Technology, including the Manufacturing Extension Partnership and for construction and renovation of facilities; (15) the National Oceanic and Atmospheric Administration (NOAA), including amounts for procurement, acquisition, and construction of capital assets; (16) the Coastal Zone Management Fund; (17) the Fishermen's Contingency Fund; (18) the Foreign Fishing Observer Fund; (19) the fisheries finance program account; (20) general administration; and (21) the Office of Inspector General.

Rescinds specified amounts of funds for Patent and Trademark Office salaries and expenses and NOAA procurement, acquisition, and construction.

Sets forth authorized uses of, and limitations on, funds appropriated under this title.

Title III: The Judiciary - Judiciary Appropriations Act, 1999 - Makes appropriations for: (1) the Supreme Court, including an amount for care of the building and grounds; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services; (5) violent crime reduction programs; (6) defender services; (7) fees of jurors and commissioners; (8) court security; (9) the Administrative Office of the U.S. Courts; (10) the Federal Judicial Center; (11) judicial retirement funds; and (12) the U.S. Sentencing Commission.

Sets forth authorized uses of, and limitations on, such funds.

Title IV: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1999 - Makes appropriations for the Department of State for: (1) administration of foreign affairs, diplomatic and consular programs; (2) salaries and expenses; (3) the Capital Investment Fund; (4) the Office of Inspector General; (5) representation allowances; (6) protection of foreign missions and officials; (7) security and maintenance of U.S. missions; (8) emergencies in the diplomatic and consular service; (9) the repatriation loans program account; (10) the American Institute in Taiwan; (11) the Foreign Service Retirement and Disability Fund; (12) international organizations, conferences, peacekeeping, and commissions, including an amount for arrearage payments to the United Nations, subject to conditions; (13) the Asia Foundation; and (14) the Arms Control and Disarmament Agency.

Appropriates funds for the U.S. Information Agency (USIA) for: (1) international information programs; (2) educational and cultural exchanges; (3) the Eisenhower Exchange Fellowships, Incorporated; (4) the Israeli Arab Scholarship Program; (5) international broadcasting, including broadcasting to Cuba; (6) radio construction; and (7) the National Endowment for Democracy.

Sets forth authorized uses of, and limitations on, funds appropriated under this title.

(Sec. 403) Provides for border equalization adjustments for certain State Department, USIA, Agency for International Development, and International Joint Commission employees who commute from a residence in the United States to an official duty station in Canada or Mexico.

(Sec. 404) Redesignates: (1) the Japan-United States Friendship Commission as the United States-Japan Commission; and (2) the Japan-United States Friendship Trust Fund as the United States-Japan Trust Fund.

(Sec. 406) Amends the International Organizations Immunities Act to extend privileges and immunities under such Act to the United Nations Industrial Development Organization in the same manner as such privileges and immunities are extended to a public international organization in which the United States participates.

(Sec. 407) Amends Federal civil service provisions to make certain special agents of the Diplomatic Security Service eligible for availability premium pay for criminal investigators.

Title V: Related Agencies - Makes appropriations for the: (1) Maritime Administration for maritime security, operations and training, and the maritime guaranteed loan program; (2) Commission for the Preservation of America's Heritage Abroad; (3) Commission on Civil Rights; (4) Commission on Security and Cooperation in Europe; (5) Equal Employment Opportunity Commission (EEOC); (6) Federal Communications Commission; (7) Federal Maritime Commission; (8) Federal Trade Commission; (9) Legal Services Corporation; (10) Marine Mammal Commission; (11) Securities and Exchange Commission; (12) Small Business Administration, including amounts for the Office of Inspector General, business and disaster loans, and capital for the Surety Bond Guarantees Revolving Fund; and (13) State Justice Institute.

Sets forth authorized uses of, and limitations on, such funds.

Title VI: General Provisions - Sets forth limitations on the use of funds under this Act.

(Sec. 607) Sets forth Buy American provisions.

(Sec. 608) Prohibits the use of funds made available in this Act to enforce any EEOC guidelines covering harassment based on religion if such guidelines do not differ from proposed guidelines of October 1, 1993.

(Sec. 609) Prohibits funds appropriated by this Act from being expended to pay for costs incurred in operating certain diplomatic or consular posts in Vietnam or increasing the number of personnel assigned to such posts unless the President certifies that the Vietnamese Government is cooperating in specified activities regarding resolution of sightings of, and accounting for, prisoners-of-war and individuals missing in action, recovery and analysis of American remains, and investigations in Laos.

(Sec. 610) Prohibits the use of funds made available by this Act for any United Nations undertaking if: (1) such undertaking is a peacekeeping mission and will involve U.S. armed forces under the command of a foreign national; and (2) the President's military advisors have not submitted a recommendation that such involvement is in the national security interest and the President has not submitted such recommendation to the Congress.

(Sec. 611) Prohibits the use of funds made available in this Act to provide specified personal comforts in the Federal prison system.

(Sec. 616) Bars the use of funds made available in this Act to issue or renew a fishing permit or authorization for any U.S. vessel exceeding certain limitations on length or tonnage and horsepower: (1) as specified in the permit application and authorization required to engage in fishing for Atlantic mackerel or herring under the Magnuson-Stevens Fishery Conservation and Management Act; or (2) that would allow such vessel to engage in the catching or harvesting of fish in any other fishery within the U.S. exclusive economic zone (except territories), unless a certificate of documentation had been issued for the vessel and endorsed with a fishery endorsement that was effective on September 25, 1997.

Invalidates any permit or authorization issued or renewed prior to this Act's enactment date that would allow a vessel subject to such prohibition to engage in fishing for Atlantic mackerel or herring during FY 1999. Prohibits the use of funds made available in this Act to allow a vessel with such invalidated permit or authorization to engage in the catching or harvesting of fish in any other fishery within the U.S. exclusive economic zone.

(Sec. 617) Makes funds provided by this Act unavailable to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal by any foreign country of restrictions on the marketing of such products, except for restrictions which are not applied equally to all products of the same type.

(Sec. 618) Prohibits the use of funds made available in this Act to pay the expenses of an election officer appointed by a court to oversee an election of any officer or trustee for the International Brotherhood of Teamsters.

Title VII: Rescissions - Rescinds specified amounts of funds made available for the Department of Justice for: (1) the working capital fund; and (2) the U.S. Trustee System Fund.

Title VIII: Citizens Protection - Citizens Protection Act of 1998 - Subtitle A: Ethical Standards for Federal Prosecutors - Subjects a Government attorney to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in duties to the same extent and in the same manner as other attorneys in that State.

Directs the Attorney General to make and amend rules of the Department of Justice (DOJ) to assure compliance with this subtitle.

Subtitle B: Punishable Conduct - Directs the Attorney General to: (1) establish by rule that it shall be punishable conduct for any DOJ employee, including any independent counsel appointed under the Federal judicial code, to seek an indictment in the absence of probable cause, to fail promptly to release information that would exonerate a person under indictment, to intentionally or knowingly misstate or alter evidence, to attempt to influence or color a witness' testimony, to act to frustrate or impede a defendant's right to discovery, to offer or provide sexual activities to any government witness or potential witness, to leak or otherwise improperly disseminate information to any person during an investigation, or to engage in conduct that discredits DOJ; and (2) establish penalties for engaging in such conduct, including probation, demotion, dismissal, referral of ethical charges to the bar, loss of pension or other retirement benefits, suspension from employment, and referral of the allegations (if appropriate) to a grand jury for possible criminal prosecution.

(Sec. 822) Sets forth procedures regarding written complaints of such conduct by a DOJ employee, investigation of such complaints by the Attorney General, and imposition of appropriate penalties.

(Sec. 823) Establishes an independent Misconduct Review Board to review all determinations by the Attorney General with respect to such complaints and to investigate allegations made in statements that may be submitted to it with respect to complaints for which the Attorney General has made no determination or imposed no penalty. Authorizes the Board to impose penalties established above.

Title IX: Additional General Provisions - Bars the use of funds made available in any Act to implement or enforce a specified executive order titled "Federalism" of May 14, 1998.

(Sec. 902) Prohibits the use of funds made available in this Act by the United States to intervene against a claim for attachment in aid of execution of property of a foreign state upon a judgment relating to a claim by a victim of terrorism sponsored by such state.

(Sec. 903) Amends the Federal judicial code to transfer Schuylkill County, Pennsylvania, from the State's Eastern Judicial District to its Middle Judicial District.

(Sec. 904) Prohibits the use of funds made available by this Act for participation by U.S. delegates to the Standing Consultative Commission in any Commission activity to implement the Memorandum of Understanding Relating to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972, entered into on September 26, 1997, by the United States, Russia, Kazakhstan, Belarus, and Ukraine.