Volume 97 · 1071
Public Law 98–166
Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1984, and for other purposes.
Approved November 28, 1983
Statutory text
An Act
Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1984, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1984.
Department of Commerce and Related Agencies Appropriation Act, 1984.
sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1984, and for other purposes, namely:
TITLE I— DEPARTMENT OF COMMERCE AND RELATED AGENCIES
DEPARTMENT OF COMMERCE General Administration salaries and expenses For expenses necessary for the general administration of the Department of Commerce, including not to exceed $2,000 for official entertainment, $32,868,000. special foreign currency program For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses for the promotion of foreign commerce and for scientific and technological research and development, as authorized by law, $693,000, to remain available until expended: Provided, That this appropriation shall be available, in addition to other appropriations to the Department of Commerce, for payments in the foregoing currencies. Bureau of the Census salaries and expenses For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $77,507,000. periodic censuses and programs For expenses necessary to collect and publish statistics for periodic censuses and programs provided for by law, $78,220,000, to remain available until expended. None of the funds made available to the Bureau of the Census under this Act may be expended for prosecution of any person for the failure to return 1978 Agricultural Census forms 78-A40A or 78-A40B, or 78-A40C or 78-A40D, or form 79-A9A, or form 79-A9B, or for the preparation of similar forms for any future agricultural census. Economic and Statistical Analysis salaries and expenses For necessary expenses, as authorized by law, of economic and statistical analysis programs, $38,337,000. 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 91–304, and such laws that were in effect immediately before September 30, 1982, $240,000,000: Provided, That during fiscal year 1984 total commitments to guarantee loans shall not exceed $150,000,000 of contingent liability for loan principal. Of the total amount appropriated under this heading, $40,000,000 shall be made available under the criteria and conditions of assistance described in section 101(a) of Public Law 98–8. salaries and expenses For necessary expenses of administering the economic development assistance programs as provided for by law, $27,500,000: Provided, That these funds may be used to monitor projects approved pursuant to title I of the Public Works Employment 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-seven 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 1984, and such positions shall be maintained in the various States within the approved organizational structure in place on June 1, 1981, 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 five years, and expenses of alteration, repair, or improvement; purchase or construction of temporary 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 $165,200 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. 401(b); purchase of passenger motor vehicles for official use abroad and motor vehicles for law enforcement use; $167,393,000, to remain available until expended: Provided, That the provisions of the first sentence of section 105(0 and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(0 and 2458(c)) shall apply in carrying out these activities. During fiscal year 1984 and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $7,500,000. During fiscal year 1984, total commitments to guarantee loans shall not exceed $15,000,000 of contingent liability for loan principal. Minority Business Development Agency minority business development For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with public or private organizations, $53,342,000, of which $39,600,000, shall remain available until expended: Provided, Notification of congressional committees. That not to exceed $13,742,000 shall be available for program management: 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’ reprograming procedures. United States Travel and Tourism Administration salaries and expenses For necessary expenses of the United States Travel and Tourism Administration, as provided for by law, including employment of aliens by contract for services abroad; rental of space abroad for periods not exceeding five years, and expenses of alteration, repair, or improvement; 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 $5,000 for representation expenses abroad; $12,000,000. National Oceanic and Atmospheric Administration operations, research, and facilities (including transfer of funds) For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including acqui- sition, maintenance, operation, and hire of aircraft; 399 commissioned officers on the active list; construction of facilities, including initial equipment; alteration, modernization, and relocation of facilities; and acquisition of land for facilities; $988,212,000, to remain available until expended, of which $27,000,000 shall be derived from the Airport and Airways Trust Fund; and of which $2,500,000 shall be available for payments under section 4(b) of the Commercial Fisheries Research and Development Act of 1964 for commercial fishery failures and disruptions; and in addition, $23,600,000 shall be transferred to this appropriation from the fund entitled “Promote and develop fishery products and research pertaining to American fisheries”: Provided, That of the funds appropriated in this paragraph, necessary funds shall be used to fill and maintain a staff of three persons, as National Oceanic and Atmospheric Administration personnel, to work on contracts and purchase orders at the National Data Buoy Center in Bay St. Louis, Mississippi, and report to the Director of the National Data Buoy Center in the same manner and extent that such procurement functions were performed at Bay St. Louis prior to June 26, 1983, except that they may provide procurement assistance to other Department of Commerce activities pursuant to ordinary interagency agreements. Where practicable, these positions shall be filled by the employees who performed such functions prior to June 26, 1983. coastal zone management (including transfer of funds) For carrying out the provisions of Public Law 92–583, as amended, and section 202 of title II and title III of Public Law 92–532, as amended, $13,356,000, to remain available until expended; and in addition, $16,000,000, to remain available until expended, shall be available by transfer from repayments of principal and interest on outstanding loans in the fund entitled “Coastal Energy Impact Fund”. fishing vessel and gear damage compensation fund For carrying out the provisions of section 3 of Public Law 95–376, not to exceed $1,732,000, to be derived from receipts collected pursuant to that Act, to remain available until expended. fishermen’s contingency fund For carrying out the provisions of title IV of Public Law 95–372, not to exceed $294,000, to be derived from receipts collected pursuant 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 American Fisheries Promotion 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 $11,880,000, to remain available until expended. fishermen’s guaranty fund For expenses necessary to carry out the provisions of the Fishermen’s Protective Act of 1967, as amended, $2,079,000, to be derived from the receipts collected pursuant to that Act, to remain available until expended. fisheries loan fund For expenses necessary to carry out the provisions of section 221 of the American Fisheries Promotion Act of December 22, 1980 (Public Law 96–561), there are appropriated to the Fisheries Loan Fund, $3,000,000 from receipts collected pursuant to that Act: Provided, That during fiscal year 1984 not to exceed $300,000 of the Fisheries Loan Fund shall be available for administrative expenses. 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, $80,444,000, 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 Bureau of Standards scientific and technical research and services For necessary expenses of the National Bureau of Standards, $115,718,000, to remain available until expended, of which not to exceed $3,807,000 may be transferred to the “Working Capital Fund”. National Telecommunications and Information Administration salaries and expenses For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration, $12,771,000, to remain available until expended. public telecommunications facilities, planning and construction For grants authorized by section 392 of the Communications Act of 1934, as amended, $11,880,000, to remain available until expended. General Provisions—Department of Commerce During the current fiscal year, applicable appropriations and funds available to the Department of Commerce 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. During the current fiscal year, appropriations to the Department of Commerce which are available for salaries and expenses shall be available for hire of passenger motor vehicles; services as authorized by 5 USC. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902). No funds in this title shall be used to sell to private interests, except with the consent of the borrower, or contract with private interests to sell or administer, any loans made under the Public Works and Economic Development Act of 1965 or any loans made under section 254 of the Trade Act of 1974. During the fiscal year ending September 30, 1984, the United States Postal Service may furnish to the Secretary of Commerce any list of names and addresses requested under section 6(a) of title 13, United States Code. The Secretary shall prepare and submit to the President and the appropriate committees of Congress, not later than August 31, 1984, a report relating to— (1) the purpose for which any list furnished by the Postal Service under the preceding sentence was used, particularly with regard to any progress made by the Bureau of the Census in the development of an improved list methodology; (2) categories of sources (other than the Postal Service) from which any list of names and addresses was acquired by the Bureau of the Census during the period covered by the report, and the relative advantages and disadvantages of acquiring and using lists from those other categories of sources as compared with acquiring and using lists furnished by the Postal Service; (3) measures taken to ensure the confidentiality of any information furnished by the Postal Service under the preceding sentence; and (4) such other matters as the Secretary considers appropriate. The Secretary is encouraged to acquire lists of names and addresses from a representative sample of sources other than the Postal Service in order to ensure that meaningful comparisons under paragraph (2) may be made. No funds made available by this Act, or any other Act, may be used— (1) by the Source Evaluation Board for Civil Space Remote Sensing as established by the Secretary of Commerce to develop or issue a request for proposal to transfer the ownership or lease the use of any meteorological satellite (METSAT) or associated ground system to any private entity; or (2) by the National Oceanic and Atmospheric Administration to transfer the ownership of any meteorological satellite (METSAT) or associated ground system to any private entity.
RELATED AGENCIES DEPARTMENT OF TRANSPORTATION Maritime Administration operating-differential subsidies (liquidation of contract authority) For the payment of obligations incurred for operating-differential subsidies as authorized by the Merchant Marine Act, 1936, as amended, $401,294,000, to remain available until expended. research and development For necessary expenses for research and development activities, as authorized by law, $11,385,000, to remain available until expended. operations and training For necessary expenses of operations and training activities authorized by law, $73,283,000, to remain available until expended: Provided, That reimbursements may be made to this appropriation from receipts to the “Federal ship financing fund” for administrative expenses in support of that program. general provisions—maritime administration Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving 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 miscellaneous receipts. No obligations shall be incurred during the current fiscal year from the construction fund established by the Merchant Marine Act, 1936, or otherwise, in excess of the appropriations and limitations contained in this Act, or in any prior appropriation Act and all receipts which otherwise would be deposited to the credit of said fund shall be covered into the Treasury as miscellaneous receipts. None of the funds provided in this Act for the Maritime Administration shall be used for enforcement of any rule with respect to the repayment of construction differential subsidy for permanent release of vessels from the restrictions in section 506 of the Merchant Marine Act, 1936, as amended, until June 15, 1984.
DEPARTMENT OF THE TREASURY Chrysler Corporation Loan Guarantee Program administrative expenses For necessary administrative expenses, as authorized by the Chrysler Corporation Loan Guarantee Act of 1979 (Public Law 96–185), $495,000. Federal Communications Commission salaries and expenses For necessary expenses for the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by law (5 U.S.C. 5901–02); not to exceed $600,000 for land and structures; not to exceed $385,000 for improvement and care of grounds and repair to buildings; not to exceed $3,000 for official reception and representation expenses; purchase (not to exceed ten for replacement only) and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109; $86,383,000. Not to exceed $300,000 of the foregoing amount shall remain available until September 30, 1985, for research and policy studies. In addition, an amount equivalent to funds deposited into the General Fund of the Treasury by the State of Florida as a result of the expense of construction and relocation of the Fort Lauderdale Monitoring Station shall remain available until expended for the completion of construction and relocation of such monitoring station. Federal Maritime Commission salaries and expenses For necessary expenses of the Federal Maritime Commission, including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–02; $10,756,000: Provided, That not to exceed $1,500 shall be available for official reception and representation expenses.
Federal Trade Commission salaries and expenses For necessary expenses of the Federal Trade Commission, including 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; the sum of $63,500,000: Provided, That the funds appropriated in this paragraph are subject to the limitations and provisions of sections 10(a) and 10(c) (notwithstanding section 10(e)), 11(b), 18, and 20 of the Federal Trade Commission Improvements Act of 1980 (Public Law 96–252; 94 Stat. 374): Provided further, That none of the funds appropriated in this paragraph may used to promulgate final rules under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) until the enactment of legislation authorizing appropriations for the Federal Trade Commission or until the adjournment of the first session of the Ninety-eighth Congress, whichever is earlier. International Trade Commission salaries and expenses For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, $20,774,000. 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, $929,000.
Office of the United States Trade Representative salaries and expenses For expenses necessary for 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, $11,371,000: Provided, That not to exceed $60,000 shall be available for official reception and representation expenses. Securities and Exchange Commission salaries and expenses For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, and not to exceed $2,000 for official reception and representation expenses, $93,000,000. 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 $1,500 for official reception and representation expenses, $201,643,000; and for grants for Small Business Development Centers as authorized by section 21(a) of the Small Business Act, as amended, $22,000,000. In addition, beginning with disasters commencing between January 1, 1983, through September 30, 1983, determination of a natural disaster by the Secretary of Agriculture pursuant to 7 U.S.C. 1961 shall be deemed a disaster declaration by the Administrator of the Small Business Administration for purposes of determining eligibility for assistance under section 7(b)(1) of the Small Business Act for agricultural enterprises as defined in section 18(b) of the Small Business Act: Provided, That nothing in this paragraph is to preclude the applicability of section 18(a) of the Small Business Act with regard to the duplication of benefits for disasters commencing between January 1, 1983, through September 30, 1983: Provided further, That $36,600,000 for disaster loan making activities, including loan servicing, 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 authority 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 carrying out the programs set forth in the budget for the current fiscal year for the “Disaster loan fund”, the “Business loan and investment fund”, the “Lease guarantees revolving fund”, the “Pollution control equipment contract guarantees revolving fund”, and the “Surety bond guarantees revolving fund”. business loan and investment fund For additional capital for the “Business loan and investment fund”, authorized by the Small Business Act, as amended, $230,000,000, to remain available without fiscal year limitation; and for additional capital for new direct loan obligations to be incurred by the “Business loan and investment fund”, authorized by the Small Business Act, as amended, $133,400,000, to remain available without fiscal year limitation. surety bond guarantees revolving fund For additional capital for the “Surety bond guarantees revolving fund”, authorized by the Small Business Investment Act, as amended, $8,910,000, to remain available without fiscal year limitation. This title may be cited as the “Department of Commerce and Related Agencies Appropriation Act, 1984”.
TITLE II— DEPARTMENT OF JUSTICE AND RELATED AGENCIES
DEPARTMENT OF JUSTICE General Administration salaries and expenses For expenses necessary for the administration of the Department of Justice, $63,360,000 of which $556,000 is to remain available until expended for the Federal justice research program. United States Parole Commission salaries and expenses For necessary expenses of the United States Parole Commission, as authorized by law, $7,248,000. Legal Activities 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; $158,385,000, of which not to exceed $10,374,000 for asbestos litigation support contracts shall remain available until September 30, 1985; and of which $2,753,000 shall be for the Office of Special Investigations; and of which $450,000 shall remain available until expended to reimburse private litigants for legal fees incurred in the State of New Mexico ex rel. Reynolds v. Aamodt water adjudication suit. salaries and expenses, antitrust division For expenses necessary for the enforcement of antitrust, consumer protection and kindred laws, $43,475,000. 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 under the Foreign Service Act of 1980 as determined by the Commission; 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 assigned 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; advances of funds abroad; advances or reimbursements to other Government 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 employment of aliens; $827,000. salaries and expenses, united states attorneys and marshals For necessary expenses of the offices of the United States attorneys, marshals, and bankruptcy trustees; including acquisition, lease, maintenance, and operation of aircraft, $372,330,000. In addition, section 408(c) of Public Law 95–598, the Bankruptcy Reform Act of 1978, is amended by inserting September 30, 1984 in lieu of April 1, 1984. support of united states prisoners For support of United States prisoners in non-Federal institutions, $44,320,000; and in addition, $6,000,000 shall be available under the Cooperative Agreement Program for the purpose of renovating, constructing, and equipping State and local jail facilities that confine Federal prisoners: Provided, That amounts made available for constructing any local jail facility shall not exceed the cost of constructing space for the average Federal prisoner population for that facility as projected by the Attorney General: Provided further, That following agreement on or completion of any federally assisted jail construction, the availability of such space shall be assured and the per diem rate charged for housing Federal prisoners at that facility shall not exceed direct 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 and for per diems in lieu of subsistence, as authorized by law, including advances; $37,883,000. 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, $32,196,000, of which $26,389,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements and other expenses necessary under section 501(c), the Refugee Education Assistance Act of 1980, Public Law 96–422, for the processing, care, maintenance, security, transportation and reception and placement in the United States of Cuban and Haitian entrants. Interagency Law Enforcement organized crime drug enforcement For expenses necessary for the detection, investigation, prosecution, and incarceration of individuals involved in organized criminal drug trafficking not otherwise provided for, $89,050,000, of which $2,475,000 for the Presidential Commission on Organized Crime, and of which $13,860,000 for purchase of automated data processing and telecommunications equipment and $9,523,000 for undercover operations shall remain available until September 30, 1985. Federal Bureau of Investigation salaries and expenses For expenses necessary for detection, investigation, and prosecution of crimes against the United States; including purchase for police-type use (not to exceed one thousand four hundred of which one thousand two hundred will be for replacement only) and hire of passenger motor vehicles; acquisition, lease, maintenance and operation of aircraft; and 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; $1,047,000,000, of which not to exceed $52,000,000 for automated data processing and telecommunications and $1,000,000 for undercover operations and $10,000,000 for the relocation within the District of Columbia of the Washington field office shall remain available until September 30, 1985: Provided, That notwithstanding the provisions of title 31 U.S.C. 3302, the Director of the Federal Bureau of Investigation may establish and collect fees to process fingerprint identification records for noncriminal employment and licensing purposes, and credit not more than $13,500,000 of such fees to this appropriation to be used for salaries and other expenses incurred in providing these services: Provided further, That passenger motor vehicles for police-type use may be purchased without regard to the general purchase price limitation for the current fiscal year. 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 eight hundred eighty-eight passenger motor vehicles of which six hundred eighty-two 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; $286,123,000, of which not to exceed $1,200,000 for research shall remain available until expended and $1,700,000 for purchase of evidence and payments for information shall remain available until September 30, 1985: Provided, That there shall be allocated to the Drug Enforcement Administration offices in the land border States of Vermont, Michigan, New Hampshire, Minnesota, North Dakota, Montana, Idaho, Arizona, and New Mexico, a minimum of $10,000 each for the purchase of information and evidence unless the Committees on Appropriations are notified that efficient drug law enforcement would be impaired by such minimum allocation. Immigration and Naturalization Service salaries and expenses For expenses, not otherwise provided for, necessary for the administration and enforcement of the laws relating to immigration, 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 four hundred for replacement only) and hire of passenger motor vehicles; acquisition, lease, maintenance and operation of aircraft; and research related to immigration enforcement; and for expenses necessary under section 501(c) of the Refugee Education Assistance Act of 1980 (Public Law 96–442) for the processing, care, maintenance, security, transportation, and the initial reception and placement in the United States of Cuban and Haitian entrants; $501,257,000, of which not to exceed $400,000 for research shall remain available until expended; and of which not to exceed $9,989,000 shall be available to establish a National Records Center and $11,023,000 to implement the long-range automated data processing plan, each amount to remain available until September 30, 1985: Provided, That none of the funds available to the Immigration and Naturalization Service shall be available for administrative expenses to pay any employee overtime pay in an amount in excess of $20,000 except in such instances when the Commissioner makes a determination that this restriction is impossible to implement. Federal Prison System salaries and expenses For expenses necessary for the administration, operation, and maintenance of Federal penal and correctional institutions, including purchase (not to exceed thirty-one for replacement only) and hire of law enforcement and passenger motor vehicles; $424,284,000: Provided, That there may be transferred to the Health Resources and Services Administration such amounts as may be 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. National Institute of Corrections For carrying out the provisions of sections 4351–4353 of title 18, United States Code, which established a National Institute of Corrections, $14,000,000, to remain available until expended. Buildings and Facilities For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling and equipping 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, including all necessary expenses incident thereto, by contract or force account, $47,711,000, to remain available until expended: Provided, That labor of United States prisoners may be used for work performed under this appropriation. 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, 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 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, except as hereinafter provided. limitation on administrative and vocational expenses, federal prison industries, incorporated Not to exceed $1,941,000 of the funds of the corporation shall be available for its administrative expenses, and not to exceed $6,613,000 for the expenses of vocational training of prisoners, both amounts to be computed on an accrual basis and to be determined in accordance with the corporation’s prescribed accounting system in effect on July 1, 1946, and shall be exclusive of depreciation, payment of claims, 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 Assistance, Research, and Statistics law enforcement assistance For grants, contracts, cooperative agreements, and other assistance authorized by the Justice System Improvement Act of 1979, as amended, including salaries and expenses in connection therewith, $87,064,000, to remain available until expended: Provided, That $67,300,000 of this amount shall be for a criminal justice assistance program, to be available only upon enactment of authorizing legislation except that $2,500,000 of such amount shall be available upon enactment into law of H.R. 3222 and shall be awarded by the Administrator to the National Center for State Courts for court system management and improvement: Provided further, That $3,500,000 shall be made available from Law Enforcement Assistance Administration reversionary funds to complete the Bi-State Criminal Justice Assistance Center at Texarkana, Arkansas, under the same terms and conditions that previous Federal assistance was made available for construction of this facility; and 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, $70,155,000, to remain available until expended. research and statistics For research, development, demonstration, statistical and related efforts directed toward the improvement of civil, criminal and juvenile justice systems authorized by the Justice System Improvement Act of 1979, including salaries and other expenses in connection therewith, $40,133,000, to remain available until expended.
Sec. 201. General Provisions—Department of Justice
A total of not to exceed $50,000 from funds appropriated
Official reception and representation expenses.
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 Attorney General.
Sec. 202.
Notwithstanding any other provision of law or this Act,
Convict labor, highway construction.
materials produced by convict labor may be used in the construction of any highways or portion of highways located on Federal-aid systems, as described in section 103 of title 23, United States Code.
Sec. 203.
Notwithstanding section 501(e)(2)(B) of Public Law
Cuban-Haitian entrants, assistance.
96–442, funds appropriated to the Department of Justice in this title may be expended for assistance to Cuban-Haitian entrants as authorized under section 501(c) of said Act.
Sec. 204.
No part of the funds appropriated in this title for the Department of Justice may be used to represent the Tennessee Valley Authority in litigation in which the Authority is a party unless the Department is requested to provide representation in such litigation by the Authority.
Sec. 205.
Subject to subsection (b) of this section, authorities contained in Public Law 96–132, “The Department of Justice Appropriation
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. FBI undercover operations.
With respect to any undercover investigative operation of the Federal Bureau of Investigation which is necessary for the detection and prosecution of crimes against the United States or for the collection of foreign intelligence or counterintelligence—
sums authorized to be appropriated for the Federal Bureau of Investigation for fiscal year 1984 may be used for purchasing property, 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 undesignated 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 Services Act of 1949 (63 Stat. 395; 41 U.S.C. 254 (a) and (c)),
sums authorized to be appropriated for the Federal Bureau of Investigation for fiscal year 1984 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,
sums authorized to be appropriated for the Federal Bureau of Investigation for fiscal year 1984, and the proceeds from such undercover operation, may be deposited in banks or other financial institutions, without regard to section 648 of title 18 of the United States Code and section 3302 of title 31 of the United States Code, and
the proceeds from such undercover operation may be used to offset necessary and reasonable expenses incurred in such operation, without regard to section 3302 of title 31 of the United States Code, only upon the written certification of the Director of the Federal Bureau of Investigation (or, if designated by the Director, a member of the Undercover Operations Review Committee established by the Attorney General in the Attorney General’s Guidelines on FBI Undercover Operations, as in effect on July 1, 1983) and the Attorney General (or if designated by the Attorney General, a member of such Review Committee), that any action authorized by subparagraph (A), (B), (C), or (D) of this paragraph is necessary for the conduct of such undercover operation. Such certification shall continue in effect for the duration of such undercover operation, without regard to fiscal years.
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 paragraph (1) 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.
If a corporation or business entity established or acquired as
Report to Attorney General and Comptroller General.
part of an undercover operation under subparagraph (B) of paragraph (1) with a net value of over $50,000 is to be liquidated, sold, or otherwise disposed of, the Federal Bureau of Investigation, as much in advance as the Director or his designee determines is practicable, shall report the circumstances to the Attorney General and the Comptroller General. The 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.
The Federal Bureau of Investigation shall conduct a detailed
Financial audit.
financial audit of each undercover investigative operation which is closed in fiscal year 1984,
submit the results of such audit in writing to the Attorney General, and
not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit.
The Federal Bureau of Investigation shall also submit a report annually to the Congress specifying—
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,
the number, by programs, of undercover investigative operations commenced in the one-year period preceding the period for which such report is submitted, and
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 operation, 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 FBI Undercover Operations, such report shall contain a detailed description of the operation and related matters, including information pertaining to—
the results,
any civil claims, and
identification of such sensitive circumstances involved, that arose at any time during the course of such undercover operation.
For purposes of paragraph (4)—
the term “closed” refers to the earliest point in time at which—
all criminal proceedings (other than appeals) are concluded, or
covert activities are concluded, whichever occurs later,
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
the terms “undercover investigative operation” and “undercover operation” mean any undercover investigative operation of the Federal Bureau of Investigation (other than a foreign counterintelligence undercover investigative oper ation)—
in which—
the gross receipts (excluding interest earned) exceed $50,000, or
expenditures (other than expenditures for salaries of employees) exceed $150,000, and
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 subparagraph (B) of such paragraph.
RELATED AGENCIES Commission on Civil Rights salaries and expenses For expenses necessary for the Commission on Civil Rights, including hire of passenger motor vehicles, $11,887,000. 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; and not to exceed $19,000,000 for payments 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; $151,399,000. Legal Services Corporation payment to the legal services corporation For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, as amended, $275,000,000: Provided, That notwithstanding any regulation, guideline, or rule of the Corporation, the funds appropriated in this Act for the Legal Services Corporation shall be used by the Corporation in making grants or entering into contracts under section 1006(a) (1) and (3) so as to insure that total annual funding for each such current grantee and contractor is maintained in fiscal year 1984 in the same proportion which total appropriations to the Corporation in fiscal year 1984 bear to the total appropriations to the Corporation in fiscal year 1983, unless action is taken by directors of the Corporation prior to January 1, 1984, who have been confirmed in accordance with section 1004(a) of the Legal Services Corporation Act: Provided further, That, notwithstanding the above proviso, the funds distributed to each grantee funded in fiscal year 1983 pursuant to the number of poor people determined by the Bureau of the Census to be within its geographical area be distributed in the following order: (1) first, grants from the Legal Services Corporation and contracts entered into with the Legal Services Corporation under section 1006(a)(1) of the Legal Services Corporation Act shall be maintained in fiscal year 1984 at not less than 5 per centum more than the annual level at which each grantee and contractor was funded in fiscal year 1983 or $6.50 per poor person within its geographical area under the 1980 Census, whichever is greater; (2) second, each such grantee funded in fiscal year 1983, pursuant to the number of poor people within its geographical area, shall be increased by an equal percentage of the amount by which the grantee’s funding, including the increase under the first priority above, falls below $13 per poor person within its geographical area under the the 1980 Census: Provided further, 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 established by the governing body of such recipient; (2) the class relief which is the subject of such an action is sought for the primary 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 Legal 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 designed to support or defeat legislation pending before Congress or State or local legislative 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 other device, intended or designed to influence any decision by a Federal, State, or local agency, except when legal assistance is provided by an employee 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 Federal, State, or local elected official— (A) to favor or oppose any referendum, initiative, constitutional amendment, or any similar procedure of the Congress, any State legislature, any local council or any 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 legislation, except that this proviso shall not preclude funds from being used to provide communication directly to a Federal, State, or local elected official 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 approved 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 such 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 eligible client that includes a statement of the specific legal interests of the client, except that such communication 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 documentation 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: except that nothing in this proviso shall prohibit communications made in response to a request from a Federal, State, or local official: Provided further, That none of the funds appropriated in this Act made available by the Legal Services Corporation may be used to pay for any administrative or related costs associated with an 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 Legal Services Corporation will be expended to provide legal assistance for or on behalf of any 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(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)); (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 application for adjustment of status to permanent resident under the Immigration and Nationality Act, and such application has not been 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 admissions) 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 General’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 pursuant to section 203(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)) before April 1, 1980, because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural calamity shall be deemed, for purposes of the previous proviso, to be an alien described in clause (3) of the previous proviso: Provided further, That none of the funds appropriated for the Legal Services Corporation may be used to support or conduct training programs for the purpose of advocating particular public policies or encouraging political activities, labor or antilabor activities, boycotts, picketing, strikes, and demonstrations, including the dissemination of information 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 client as to the nature of the legislative process or inform any eligible client of his rights under statute, order, or regulation: Provided further, That none of the funds 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 Legal Services Corporation Act unless the Corporation prescribes procedures to insure that financial assistance under this title snail not be terminated, and a suspension 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 title 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 Corporation within thirty days after receipt of notice to terminate financial assistance, deny an application for refunding, or suspend financial 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, Than none of the funds 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 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 title 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 appropriated 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) 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 assistance: Provided further, That no member of the Board of Directors of the Legal Services Corporation shall be compensated for his services to the Corporation except for the payment of an attendance fee at meetings of the Board at a rate not to exceed the highest daily rate for grade fifteen (15) of the General Schedule and necessary travel expenses to attend Board meetings in accordance with the Standard Government Travel Regulations: Provided further, That no officer or employee of the Legal Services Corporation or a recipient program shall be reimbursed for membership in a private club, or be paid severance pay in excess of what would be paid a Federal employee for comparable service: Provided further, That none of the funds appropriated in this Act shall be expended by the Legal Services Corporation to participate in litigation unless the Corporation or a recipient of the Corporation is a party, or a recipient is representing an eligible client in litigation in which the interpretation of this title or a regulation promulgated under this title is an issue, and shall not participate on behalf of any client other than itself. This title may be cited as the “Department of Justice and Related Agencies Appropriation Act, 1984”.
TITLE III— DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE Administration of Foreign Affairs salaries and expenses 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 binational contracts (including obligations assumed in Germany on or after June 5, 1945); 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 properties and vehicles abroad; permanent representation to certain international organizations in which the United States participates pursuant to treaties, conventions, or specific Acts of Congress; expenses of the United States-Japan Advisory Group; acquisition by exchange or purchase of vehicles as authorized by law, except that special requirement vehicles may be purchased without regard to any price limitation otherwise established by law; $1,114,810,000, of which $17,500,000 shall remain available until September 30, 1985. Of the amounts available for expenditure pursuant to the International Center Act of 1968, not to exceed $925,000 may be made available until expended from proceeds of lease, sale, or exchange for purposes authorized in section 5 thereof as amended by Public Law 97–186. reopening consulates For necessary expenses of the Department of State and the Foreign Service for reopening and operating certain United States consulates as specified in section 103 of the Department of State Authorization Act, fiscal years 1982 and 1983, $2,500,000. representation allowances For representation allowances as authorized by section 905 of the Foreign Service Act of 1980, as amended (22 U.S.C. 4085), and for representation by United States missions to the United Nations and the Organization of American States, $4,148,000. acquisition, operation, and maintenance of buildings abroad For necessary expenses for carrying out the Foreign Service Buildings Act of 1926, as amended (22 U.S.C. 292–300), $160,000,000, to remain available until expended, of which $1,100,000 shall be available for an air conditioning project at the United States Embassy in Mexico City; and of which not to exceed $2,800,000 shall be available for purchase of a site adjacent to the United States Embassy in Mexico City; and of which $1,500,000 shall be available for design and development of a new chancery building for the United States Embassy in Seoul, Korea; and, in addition there shall be available subject to the approval of the Committees on Appropriations of the House and Senate under said Committees’ policies concerning the reprogramming of funds, the sum of $30,000,000, to remain available until expended, for overseas housing requirements. acquisition, operation, and maintenance of buildings abroad (special foreign currency program) For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States for the purposes authorized by section 4 of the Foreign Service Buildings Act of 1926, as amended (22 U.S.C. 295), $10,012,000, to remain available until expended. emergencies 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, to be expended pursuant to the requirement of 31 U.S.C. 3526(e), $4,356,000. payment to the american institute in taiwan For necessary expenses to carry out the Taiwan Relations Act, Public Law 96–8 (93 Stat. 14), $9,380,000. payment to the foreign service retirement and disability fund For payment to the Foreign Service Retirement and Disability Fund, as authorized by law, $103,791,000. International Organizations and Conferences contributions to international organizations For expenses, not otherwise provided for, necessary to meet annual obligations of membership in international multilateral organizations, pursuant to treaties, conventions, or specific Acts of Congress, $520,515,000: 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, 1983, through external borrowings. contributions for international peacekeeping activities For payments, not otherwise provided for, by the United States for expenses of the United Nations peacekeeping forces, $66,279,000. 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 organizations and representation to such organizations, and personal services without regard to civil service and classification laws, $8,910,000 to remain available until expended, of which not to exceed $225,000 may be expended for representation as authorized by law. International Commissions For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, conventions, or specific Acts of Congress, as follows: International Boundary and Water Commission, United States and Mexico For necessary expenses for the United States Section of the United States and Mexico International Boundary and Water Commission, and to comply with laws applicable to the United States Section; and leasing of private property to remove therefrom sand, gravel, stone, and other materials, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5); as follows: salaries and expenses For salaries and expenses, not otherwise provided for, including preliminary surveys, $10,651,000: Provided, That expenditures 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): Provided further, That the Anzalduas diversion dam shall not be operated for irrigation or water supply purposes in the United States unless suitable arrangements have been made with the prospective water users for repayment to the Government of such portions of the cost of said dam as shall have been allocated to such purposes by the Secretary of State: Provided further, That not to exceed $800,000 of the amount appropriated in this paragraph shall be available for reimbursement of the city of San Diego, in the State of California, for expenses incurred in treating domestic sewage received from the city of Tijuana, in the State of Baja California, Mexico, and not to exceed $100,000 of the amount appropriated in this paragraph shall be available for reimbursement of the city of Nogales, in the State of Arizona, for expenses incurred in treating domestic sewage received from the city of Nogales, in the State of Sonora, Mexico. construction For detailed plan preparation and construction of authorized projects, to remain available until expended, $672,000. american sections, international commissions For necessary expenses, not otherwise provided for, $3,426,000; for the International Joint Commission, including salaries and expenses of the Commissioners on the part of the United States who shall serve at the pleasure of the President; salaries of employees appointed by the Commissioners on the part of the United States with the approval solely of the Secretary of State; travel expenses and compensation of witnesses; not to exceed $3,000 for representation; and the International Boundary Commission, for necessary expenses, not otherwise provided for, including expenses required by awards to the Alaskan Boundary Tribunal and existing treaties between the United States and Canada or Great Britain. international fisheries commissions For necessary expenses for international fisheries commissions, not otherwise provided for, $8,876,000: Provided, That the United States share of such expenses may be advanced to the respective commissions.
Other united states bilateral science and technology agreements For expenses, not otherwise provided for, to enable the United States to participate in programs of scientific and technological cooperation with Yugoslavia; $1,683,000, to remain available until expended. the asia foundation For a grant to the Asia Foundation, $9,900,000, to remain available until expended: Provided, That section 15(a) of the State Department Basic Authorities Act of 1956 shall not apply to the unobligated balances of previous appropriations for the activities of the Asia Foundation.
Sec. 301. General Provisions—Department of State
None of the funds appropriated in this title shall be used (1) to pay the United States contribution to any international organization which engages in the direct or indirect promotion of the principle or doctrine of one world government or one world citizenship; (2) for the promotion, direct or indirect, of the principle or doctrine of one world government or one world citizenship.
Sec. 302.
Funds appropriated under this title shall be available for expenses of international arbitrations and other proceedings for the international resolution of disputes arising under treaties or other international agreements, including international air transport agreements, and arbitrations arising under contracts authorized by law for the performance of services or acquisition of property abroad.
Sec. 303.
Funds appropriated under this title shall be available, except as otherwise provided, for salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980 (94
Stat. 2071); allowances and differentials as authorized by subchapter III of chapter 59 of 5 U.S.C.; services as authorized by 5 U.S.C. 3109; expenses as authorized by section 2 (a), (c), and (e) of the State Department Basic Authorities Act of 1956; and hire of passenger or freight transportation.
RELATED AGENCIES 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 $24,000 for official reception and representation expenses, authorized by the Act of September 26, 1961, as amended (22 U.S.C. 2551 et seq.), $18,500,000. Board for International Broadcasting grants and expenses For expenses of the Board for International Broadcasting, including grants to RFE/RL, Inc., $100,000,000, of which not to exceed $52,000 may be made available for official reception and representation expenses: Provided, That notwithstanding section 8(b) of the Board for International Broadcasting Act of 1973, not to exceed $4,900,000 of the amounts placed in reserve in fiscal year 1983 pursuant to that section or which would be placed in reserve pursuant to that section, shall be available in fiscal year 1984 to the Board for carrying out that Act, and, in addition, $13,282,000 shall be appropriated for grants to RFE/RL, Inc. for facility modernization and program enhancement. Commission on Security and Cooperation in Europe salaries and expenses For expenses necessary for the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304, $544,000 to remain available until expended: Provided, That not to exceed $6,000 of such amount shall be available for official reception and Conference report requirement. representation expenses: Provided further, That none of the funds appropriated under this heading shall be available during calendar year 1984 unless a conference report on H.R. 2915, “The State Department Authorization Act” is filed. 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, $1,683,000, to remain available until expended; and an amount of Japanese currency not to exceed the equivalent of $1,200,000 based on exchange rates at the time of payment of such amounts, to remain available until expended: Provided, That not to exceed a total of $2,500 of such amounts shall be available for official reception and representation expenses. United States Information Agency salaries and expenses For expenses, not otherwise provided for, necessary to enable the United States Information Agency, as authorized by Reorganization Plan No. 2 of 1977, the Mutual Educational and Cultural Exchange Act, as amended (22 U.S.C. 2451 et seq.), and the United States Information and Educational Exchange Act, as amended (22 U.S.C. 1431 et seq.), to carry out international communication, educational and cultural activities, including employment, without regard to civil service and classification laws, of persons on a temporary basis (not to exceed $20,000); expenses authorized 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 entertainment, including official receptions, within the United States, not to exceed $20,000; $471,853,000, of which not to exceed $6,509,000 of the amounts allocated by the United States Information Agency to carry out section 102(a)(3) of the Mutual Educational and Cultural Exchange Act, as amended (22 U.S.C. 2452(a)(3)), shall remain available until expended: Provided, That not to exceed $615,000 may be used for representation abroad: Provided further, That receipts not to exceed $500,000 may be credited to this appropriation from fees or other payments received from or in connection with English-teaching programs as authorized by section 810 of Public Law 80–402, as amended. 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 transmission and reception, $10,000,000, to remain available until expended. educational and cultural exchange programs For expenses of Fulbright, International Visitor, Humphrey Fellowship and Congress-Bundestag Exchange Programs as authorized by Reorganization Plan No. 2 of 1977 and the Mutual Educational and Cultural Exchange Act, as amended (22 U.S.C. 2451 et seq.), $92,900,000. For the Private Sector Exchange Programs, $7,100,000. 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, $18,000,000: Provided, That these funds shall be available for obligation only upon enactment into law of authorizing legislation. salaries and expenses (special foreign currency program) For payments in foreign currencies which the Department of the Treasury determines to be excess to the normal requirements of the United States, for necessary expenses of the United States Information Agency, as authorized by law, $10,450,000, to remain available until expended. center for cultural and technical interchange between east and west 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 grant to any appropriate recipient in the State of Hawaii, $18,362,000: Provided, That none of the funds appropriated herein shall be used to pay any salary, or to enter into any contract providing the payment thereof, in excess of the highest rate authorized in the General Schedule of the Classification Act of 1949, as amended. acquisition and construction of radio facilities 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, and for lease of real property for periods up to twenty-five years in Africa, $31,000,000, to remain available until expended. This title may be cited as the “Department of State and Related Agencies Appropriation Act, 1984”.
TITLE IV— THE JUDICIARY
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, including purchase, or hire, driving, maintenance and operation of an automobile for the Chief Justice, hire of passenger motor vehicles; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve; $13,635,000. care of the building and grounds For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon him by the Act approved May 7, 1934 (40 U.S.C. 13a-13b), including improvements, maintenance, repairs, equipment, supplies, materials, and appurtenances; special clothing for workmen; and personal and other services (including temporary labor without regard 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); $1,971,000, of which $131,000 shall remain available until expended.
United States Court of Appeals for the Federal Circuit salaries and expenses For salaries of the chief judge, judges, and other officers and employees, and for all necessary expenses of the court, $4,680,000. 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, including exchange of books and traveling expenses, as may be approved by the court; $5,675,000: Provided, That travel expenses of judges of the Court of International Trade shall be paid upon written certificate of the judge. Courts of Appeals, District Courts, and Other Judicial Services salaries of judges For salaries of circuit judges; district judges (including judges of the district courts of the Virgin Islands, Guam, and the Northern Mariana Islands); judges of the United States Claims Court; and justices and judges retired or resigned under title 28, United States Code, sections 371,372, and 373; $69,500,000. salaries of supporting personnel For the salaries of secretaries and law clerks to circuit and district judges, magistrates and staff, circuit executives, clerks of court, probation officers, pretrial service officers, staff attorneys, librarians, the supporting personnel of the United States Claims Court, and all other officers and employees of the Federal Judiciary, not otherwise specifically provided for, $330,000,000: Provided, That the secretaries and law clerks to circuit and district judges shall be appointed in such number and at such rates of compensation as may be determined by the Judicial Conference of the United States: 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 authorized judgeship. 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, and the compensation of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by law; $37,000,000, to remain available until expended. fees of jurors and commissioners For fees and expenses and refreshments of jurors; compensation of jury commissioners; and compensation of commissioners appointed in condemnation cases pursuant to Rule 71A(h) of the Federal Rules of Civil Procedure; $43,500,000, to remain available until expended: Provided, That the compensation of land commissioners shall not exceed the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code. expenses of operation and maintenance of the courts For necessary operation and maintenance expenses, not otherwise provided for, incurred by the Judiciary, including the purchase of firearms and ammunition, $75,350,000. bankruptcy courts, salaries and expenses For salaries and expenses of the judges and other officers and employees of the Bankruptcy Courts of the United States, not otherwise provided for, $100,895,000. services for drug dependent offenders For contractual services and expenses relating to the supervision of drug dependent offenders, as authorized by Public Law 95–537, $5,000,000. space and facilities For rental of space, alterations, and related services and facilities, including the procurement, transportation, and installation of furniture and furnishings for the United States Courts of Appeals, District Courts, Bankruptcy Courts, and Claims Court, $142,624,000. court security For necessary expenses, not otherwise provided for, incident to the procurement, installation, and maintenance of security equipment and protective services for the United States Courts in courtrooms and adjacent areas, including building ingress-egress control, inspection of packages, directed security patrols, and other similar activities; $18,690,000, 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 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, including travel, advertising, hire of a passenger motor vehicle, and rent in the District of Columbia and elsewhere, $26,775,000, of which $700,000 shall be derived by transfer from “Pretrial Services Agencies, The Judiciary”. Federal Judicial Center salaries and expenses For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90–219, $8,445,000.
Sec. 401. General Provisions—The Judiciary
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
Temporary Emergency Court of Appeals.
salaries and expenses of the Temporary Emergency Court of Appeals authorized by Public Law 92–210.
Sec. 403.
The position of trustee coordinator in the Bankruptcy
Bankruptcy Court trustee coordinator.
Notice to creditors, issuance.
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 Bankruptcy Courts the issuance of notices to creditors and other interested parties. The Administrative Office shall permit and encourage the preparation and mailing of such notices to be performed by or at the expense of the debtors, trustees or such other interested parties as the Court may direct and approve. The Administrator of the United States Courts shall make appropriate provisions for the use of and accounting for any postage required pursuant to such directives. The provisions of this paragraph shall terminate on October 1, 1984.
This title may be cited as the “Judiciary Appropriation Act, 1984”.
TITLE V— GENERAL PROVISIONS
Sec. 501.
No part of any appropriation contained in this Act shall
Publicity or propaganda.
be used for publicity or propaganda purposes not authorized by the Congress.
Sec. 502.
No part of any appropriation contained in this Act shall be used to administer any program which is funded in whole or in part from foreign currencies or credits for which a specific dollar appropriation therefor has not been made.
Sec. 503.
No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Sec. 504.
The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.
Sec. 505.
None of the funds appropriated or otherwise made available by this Act shall be available to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States.
Sec. 506.
No funds appropriated under this Act may be used for any action by the Attorney General or by the Secretary of State which is not in compliance with the provisions of the Refugee Act of 1980.
Sec. 507.
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. 508.
None of the funds in this Act shall be available for payment of that portion of Standard Level User Charges (SLUC) that are in excess of a 7 per centum increase over the amounts paid for such charges in fiscal year 1983.
Sec. 509.
None of the funds provided under this Act shall be available for obligation or expenditure through a reprograming 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 any functions or activities presently performed by Federal employees; unless the Appropriations Committees of both Houses of Congress are notified fifteen days in advance of such reprograming of funds.
None of the funds provided under this Act shall be available for obligation or expenditure for activities, programs, or projects through a reprograming 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 program, 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 programs, activities, or projects as approved by Congress, unless, the Appropriations Committees of both Houses of Congress are notified fifteen days in advance of such reprograming of funds.
Sec. 510.
None of the funds appropriated in title I and title II of this Act may be used for any activity, the purpose of which is to overturn or alter the per se prohibition on resale price maintenance in effect under Federal antitrust laws: Provided, That nothing in this provision shall prohibit any employee of a department or agency for which funds are provided in titles I and II of this Act from presenting testimony on this matter before appropriate committees of the House and Senate.
This Act may be cited as the “Departments of Commerce, Justice,
Short title.
and State, the Judiciary, and Related Agencies Appropriations Act, 1984”.
Approved November 28, 1983.