[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2267 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
October 1, 1997.
Resolved, That the bill from the House of Representatives (H.R.
2267) entitled ``An Act making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related agencies for
the fiscal year ending September 30, 1998, and for other purposes.'',
do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of Commerce,
Justice, and State, the Judiciary, and related agencies programs for
the fiscal year ending September 30, 1998, and for other purposes,
namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $79,373,000; of which not to exceed $3,317,000 is for the
Facilities Program 2000, to remain available until expended: Provided,
That not to exceed 43 permanent positions and 44 full-time equivalent
workyears and $7,860,000 shall be expended for the Department
Leadership Program exclusive of augmentation that occurred in these
offices in fiscal year 1997: Provided further, That not to exceed 41
permanent positions and 48 full-time equivalent workyears and
$4,660,000 shall be expended for the Offices of Legislative Affairs and
Public Affairs.
counterterrorism fund
For necessary expenses, as determined by the Attorney General,
$29,450,000 to remain available until expended, to reimburse any
Department of Justice organization for (1) the costs incurred in
reestablishing the operational capability of an office or facility
which has been damaged or destroyed as a result of any domestic or
international terrorist incident, (2) the costs of providing support to
counter, investigate or prosecute domestic or international terrorism,
including payment of rewards in connection with these activities, and
(3) the costs of conducting a terrorism threat assessment of Federal
agencies and their facilities: Provided, That funds provided under this
section shall be available only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives and the
Senate in accordance with section 605 of this Act.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration related activities, $20,007,000.
violent crime reduction programs, administrative review and appeals
For activities authorized by section 130005 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, $59,251,000, to remain available until expended, which shall
be derived from the Violent Crime Reduction Trust Fund.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $33,211,000; including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character, to be expended
under the direction of, and to be accounted for solely under the
certificate of, the Attorney General; and for the acquisition, lease,
maintenance, and operation of motor vehicles, without regard to the
general purchase price limitation for the current fiscal year.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized by law, $5,009,000.
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, and to be accounted for solely under the certificate of, the
Attorney General; and rent of private or Government-owned space in the
District of Columbia; $437,178,000; of which not to exceed $10,000,000
for litigation support contracts shall remain available until expended:
Provided, That of the funds available in this appropriation, not to
exceed $24,555,000 shall remain available until expended for office
automation systems for the legal divisions covered by this
appropriation, and for the United States Attorneys, the Antitrust
Division, and offices funded through ``Salaries and Expenses'', General
Administration: Provided further, That of the total amount
appropriated, not to exceed $1,000 shall be available to the United
States National Central Bureau, INTERPOL, for official reception and
representation expenses: Provided further, That not to exceed 4
permanent positions and 5 full-time equivalent workyears and $470,000
shall be expended for the Office of Legislative Affairs and Public
Affairs: Provided further, That the latter two aforementioned offices
shall not be augmented by personnel details, temporary transfers of
personnel on either a reimbursable or nonreimbursable basis or any
other type of formal or informal transfer or reimbursement of personnel
or funds on either a temporary or long-term basis.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 as amended, not to exceed $4,028,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
violent crime reduction programs, general legal activities
For the expeditious deportation of denied asylum applicants, as
authorized by section 130005 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended, $7,969,000,
to remain available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $82,447,000: Provided, That notwithstanding any other provision
of law, not to exceed $70,000,000 of offsetting collections derived
from fees collected for pre-merger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall
be retained and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That the sum
herein appropriated from the General Fund shall be reduced as such
offsetting collections are received during fiscal year 1998, so as to
result in a final fiscal year 1998 appropriation from the General Fund
estimated at not more than $12,447,000: Provided further, That any fees
received in excess of $70,000,000 in fiscal year 1998, shall remain
available until expended, but shall not be available for obligation
until October 1, 1998.
salaries and expenses, united states attorneys
For necessary expenses of the Office of the United States
Attorneys, including intergovernmental and cooperative agreements,
$986,404,000; of which not to exceed $2,500,000 shall be available
until September 30, 1999, for (1) training personnel in debt
collection, (2) locating debtors and their property, (3) paying the net
costs of selling property, and (4) tracking debts owed to the United
States Government: Provided, That of the total amount appropriated, not
to exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 of those funds available for automated litigation support
contracts shall remain available until expended: Provided further, That
not to exceed $8,000,000 for the design, development, and
implementation of an information systems strategy for D.C. Superior
Court shall remain available until expended: Provided further, That not
to exceed $2,500,000 for the operation of the National Advocacy Center
shall remain available until expended: Provided further, That not to
exceed $10,000,000 shall remain available until expended to support
Violent Crime Task Forces in United States Attorneys Offices, of which
$5,000,000 shall be available for the expansion of several existing
Task Forces into regionally-diverse demonstration projects, including
inter-governmental, inter-local, cooperative, and task-force
agreements, however denominated, and contracts with State and local
prosecutorial and law enforcement agencies engaged in the investigation
and prosecution of violent crimes, including bank robbery and
carjacking, and drug trafficking: Provided further, That, in addition
to reimbursable full-time equivalent workyears available to the Office
of the United States Attorneys, not to exceed 8,652 positions and 8,936
full-time equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Attorneys.
violent crime reduction programs, united states attorneys
For activities authorized by sections 40114, 130005, 190001(b),
190001(d) and 250005 of the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322), as amended, and section 815 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-
132), $46,128,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund, of which
$11,408,000 shall be available for Southwest Border Control and
$9,747,000 for expeditious deportation of denied asylum applicants.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized by 28 U.S.C. 589a(a), $116,721,000, to remain available
until expended and to be derived from the United States Trustee System
Fund: Provided, That notwithstanding any other provision of law,
deposits to the Fund shall be available in such amounts as may be
necessary to pay refunds due depositors: Provided further, That
notwithstanding any other provision of law, $116,721,000 of offsetting
collections derived from fees collected pursuant to 28 U.S.C. 589a(b)
shall be retained and used for necessary expenses in this appropriation
and remain available until expended: Provided further, That the sum
herein appropriated from the Fund shall be reduced as such offsetting
collections are received during fiscal year 1998, so as to result in a
final fiscal year 1998 appropriation from the Fund estimated at $0:
Provided further, That any such fees collected in excess of
$116,721,000 in fiscal year 1998 shall remain available until expended,
but shall not be available for obligation until October 1, 1998.
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, $1,226,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals Service;
including the acquisition, lease, maintenance, and operation of
vehicles and aircraft, and the purchase of passenger motor vehicles for
police-type use, without regard to the general purchase price
limitation for the current fiscal year, $471,786,000, as authorized by
28 U.S.C. 561(i); of which not to exceed $6,000 shall be available for
official reception and representation expenses; and of which not to
exceed $4,000,000 for development, implementation, maintenance and
support, and training for an automated prisoner information system, and
not to exceed $2,200,000 to support the Justice Prisoner and Alien
Transportation System, shall remain available until expended: Provided,
That, for fiscal year 1998 and thereafter, the service of maintaining
and transporting State, local, or territorial prisoners shall be
considered a specialized or technical service for purposes of 31 U.S.C.
6505, and any prisoners so transported shall be considered persons
(transported for other than commercial purposes) whose presence is
associated with the performance of a governmental function for purposes
of 49 U.S.C. 40102: Provided further, That not to exceed 6 permanent
positions and 6 full-time equivalent workyears and $350,000 shall be
expended for the Offices of Legislative Affairs and Public Affairs:
Provided further, That the latter two aforementioned offices shall not
be augmented by personnel details, temporary transfers of personnel on
either a reimbursable or nonreimbursable basis or any other type of
formal or informal transfer or reimbursement of personnel or funds on
either a temporary or long-term basis.
violent crime reduction programs, united states marshals service
For activities authorized by section 190001(b) of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, $25,553,000, to remain available until expended, which shall
be derived from the Violent Crime Reduction Trust Fund.
federal prisoner detention
For expenses, related to United States prisoners in the custody of
the United States Marshals Service as authorized in 18 U.S.C. 4013, but
not including expenses otherwise provided for in appropriations
available to the Attorney General, $405,262,000, as authorized by 28
U.S.C. 561(i), to remain available until expended.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of witnesses,
for expenses of contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, and for per diems in lieu of
subsistence, as authorized by law, including advances, $75,000,000, to
remain available until expended; of which not to exceed $4,750,000 may
be made available for planning, construction, renovations, maintenance,
remodeling, and repair of buildings, and the purchase of equipment
incident thereto, for protected witness safesites; of which not to
exceed $1,000,000 may be made available for the purchase and
maintenance of armored vehicles for transportation of protected
witnesses; and of which not to exceed $4,000,000 may be made available
for the purchase, installation and maintenance of a secure, automated
information network to store and retrieve the identities and locations
of protected witnesses.
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, $5,319,000:
Provided, That notwithstanding any other provision of law, upon a
determination by the Attorney General that emergent circumstances
require additional funding for conflict prevention and resolution
activities of the Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service, from
available appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such circumstances:
Provided further, That any transfer pursuant to this paragraph shall be
treated as a reprogramming under section 605 of this Act and shall not
be available for obligation or expenditure except in compliance with
the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F),
and (G), as amended, $23,000,000, to be derived from the Department of
Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with the
Radiation Exposure Compensation Act, $2,000,000.
payment to radiation exposure compensation trust fund
For payments to the Radiation Exposure Compensation Trust Fund,
$4,381,000.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation, and
prosecution of individuals involved in organized crime drug trafficking
not otherwise provided for, to include intergovernmental agreements
with State and local law enforcement agencies engaged in the
investigation and prosecution of individuals involved in organized
crime drug trafficking, $294,967,000, to remain available until
expended: Provided, That any amounts obligated from appropriations
under this heading may be used under authorities available to the
organizations reimbursed from this appropriation: Provided further,
That any unobligated balances remaining available at the end of the
fiscal year shall revert to the Attorney General for reallocation among
participating organizations in succeeding fiscal years, subject to the
reprogramming procedures described in section 605 of this Act.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States; including purchase for police-type use of not to exceed 3,094
passenger motor vehicles, of which 2,270 will be for replacement only,
without regard to the general purchase price limitation for the current
fiscal year, 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, and to be accounted for solely under the
certificate of, the Attorney General; $2,837,268,000, of which not to
exceed $50,000,000 for automated data processing and telecommunications
and technical investigative equipment and not to exceed $1,000,000 for
undercover operations shall remain available until September 30, 1999;
of which not less than $257,601,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other activities
related to our national security; of which not to exceed $84,400,000
for the automation of fingerprint identification services and related
costs and not to exceed $14,000,000 for research and development
related to investigative activities shall remain available until
expended; and of which not to exceed $10,000,000 is authorized to be
made available for making advances for expenses arising out of
contractual or reimbursable agreements with State and local law
enforcement agencies while engaged in cooperative activities related to
violent crime, terrorism, organized crime, and drug investigations; and
of which $1,500,000 shall be available to maintain an independent
program office dedicated solely to the relocation of the Criminal
Justice Information Services Division and the automation of fingerprint
identification services: Provided, That not to exceed $60,000 shall be
available for official reception and representation expenses: Provided
further, That not to exceed 59 permanent positions and 59 full-time
equivalent workyears and $5,470,000 shall be expended for the Office of
Legislative Affairs and Public Affairs: Provided further, That the
latter two aforementioned offices shall not be augmented by personnel
details, temporary transfers of personnel on either a reimbursable or
nonreimbursable basis or any other type of formal or informal transfer
or reimbursement of personnel or funds on either a temporary or long-
term basis.
violent crime reduction programs
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) as amended (``the 1994
Act''), and the Antiterrorism and Effective Death Penalty Act of 1996
(``the Antiterrorism Act''), $179,121,000, to remain available until
expended, which shall be derived from the Violent Crime Reduction Trust
Fund; of which $102,127,000 shall be for activities authorized by
section 190001(c) of the 1994 Act and section 811 of the Antiterrorism
Act; $57,994,000 shall be for activities authorized by section
190001(b) of the 1994 Act; $4,000,000 shall be for training and
investigative assistance authorized by section 210501 of the 1994 Act;
$9,500,000 shall be for grants to States, as authorized by section
811(b) of the Antiterrorism Act; and $5,500,000 shall be for
establishing DNA quality-assurance and proficiency-testing standards,
establishing an index to facilitate law enforcement exchange of DNA
identification information, and related activities authorized by
section 210501 of the 1994 Act: Provided, That notwithstanding any
other law relating to employee classification, pay, and performance,
the Director, Federal Bureau of Investigation may, with the approval of
the Attorney General, design and implement a system of personnel
management providing for the classification, pay, and performance of
non-Senior Executive Service employees of the Federal Bureau of
Investigation. Except as otherwise provided by law, no employee
compensated under this system may be paid in excess of the rate of
basic pay payable for Level IV of the Executive Schedule. Payments to
employees under this system shall be subject to the limitation on
payments to General Schedule employees set forth in section 5307 of
title 5, United States Code.
construction
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $59,006,000, to remain
available until expended.
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, and to
be accounted for solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs, including
travel and related expenses for participants in such programs and the
distribution of items of token value that promote the goals of such
programs; purchase of not to exceed 1,602 passenger motor vehicles, of
which 1,410 will be 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;
$639,265,000, of which not to exceed $1,800,000 for research and
$15,000,000 for transfer to the Drug Diversion Control Fee Account for
operating expenses shall remain available until expended, and of which
not to exceed $4,000,000 for purchase of evidence and payments for
information, not to exceed $10,000,000 for contracting for automated
data processing and telecommunications equipment, and not to exceed
$2,000,000 for laboratory equipment, $4,000,000 for technical
equipment, and $2,000,000 for aircraft replacement, retrofit and parts,
shall remain available until September 30, 1999; and of which not to
exceed $50,000 shall be available for official reception and
representation expenses: Provided, That not to exceed 29 permanent
positions and 29 full-time equivalent workyears and $2,134,000 shall be
expended for the Office of Legislative Affairs and Public Affairs:
Provided further, That the latter two aforementioned offices shall not
be augmented by personnel details, temporary transfers of personnel on
either a reimbursable or nonreimbursable basis or any other type of
formal or informal transfer or reimbursement of personnel or funds on
either a temporary or long-term basis.
violent crime reduction programs
For activities authorized by sections 180104 and 190001(b) of the
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322), as amended, and section 814 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132), and for the purchase of
not to exceed 1,602 passenger motor vehicles, of which 1,410 will be
for replacement only, for police-type use without regard to the general
purchase price limitation for the current fiscal year, $441,117,000, to
remain available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund.
construction
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $10,500,000, to remain
available until expended.
Immigration and Naturalization Service
salaries and expenses
(including transfer of funds)
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, and to be accounted for solely under
the certificate of, the Attorney General; purchase for police type use
(not to exceed 2,574, of which 1,711 are for replacement only), without
regard to the general purchase price limitation for the current fiscal
year, and hire of passenger motor vehicles; acquisition, lease,
maintenance and operation of aircraft; research related to immigration
enforcement; and for the care and housing of Federal detainees held in
the joint INS and United States Marshals Service's Buffalo Detention
Facility; $1,430,199,000, of which not to exceed $400,000 for research
shall remain available until expended; of which not to exceed
$5,000,000 is for payments or advances arising out of contractual or
reimbursable agreements with State and local law enforcement agencies
while engaged in cooperative activities related to immigration; and of
which not to exceed $5,000,000 is to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens: Provided, That the Attorney
General may reallocate to the INS training program from other INS
programs such amounts as may be necessary for direct expenditure for
immigration officer basic training: Provided further, That none of the
funds appropriated or otherwise made available to the Immigration and
Naturalization Service may be used to accept, process, or forward to
the Federal Bureau of Investigation any FD-258 fingerprint card, or any
other means used to transmit fingerprints, for the purpose of
conducting a criminal background check on any applicant for any benefit
under the Immigration and Nationality Act unless the applicant's
fingerprints have been taken by an office of the Immigration and
Naturalization Service or by a law enforcement agency, which may
collect a fee for the service of taking and forwarding the
fingerprints: Provided further, That none of the funds available to the
INS shall be available to pay any employee overtime pay in an amount in
excess of $25,000 during the calendar year beginning January 1, 1998,
except in such instances when the commissioner determines that
enforcing this overtime provision would harm enforcement activities:
Provided further, That uniforms may be purchased without regard to the
general purchase price limitation for the current fiscal year: Provided
further, That not to exceed $5,000 shall be available for official
reception and representation expenses: Provided further, That the Land
Border Fee Pilot Project scheduled to end September 30, 1996, is
extended hereafter, for projects on both the northern and southern
borders of the United States, except that no pilot program may
implement a universal land border crossing toll: Provided further, That
not to exceed 20 permanent positions, of which not less than 11
permanent positions are caseworkers, and 20 full-time equivalent
workyears and $1,737,000 shall be expended for the Office of
Legislative Affairs and Public Affairs: Provided further, That the
latter two aforementioned offices shall not be augmented by personnel
details, temporary transfers of personnel on either a reimbursable or
nonreimbursable basis or any other type of formal or informal transfer
or reimbursement of personnel or funds on either a temporary or long-
term basis.
violent crime reduction programs
For activities authorized by sections 130002, 130005, 130006,
130007, and 190001(b) of the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322), as amended, and section 813 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-
132), $719,898,000, to remain available until expended, which will be
derived from the Violent Crime Reduction Trust Fund.
construction
For planning, construction, renovation, equipping, and maintenance
of buildings and facilities necessary for the administration and
enforcement of the laws relating to immigration, naturalization, and
alien registration, not otherwise provided for, $73,559,000, to remain
available until expended.
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 834, of which 599 are for replacement only) and
hire of law enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections related
issues to foreign governments; $2,933,900,000: Provided, That the
Attorney General may transfer to the Health Resources and Services
Administration such amounts as may be necessary for direct expenditures
by that Administration for medical relief for inmates of Federal penal
and correctional institutions: Provided further, That the Director of
the Federal Prison System (FPS), where necessary, may enter into
contracts with a fiscal agent/fiscal intermediary claims processor to
determine the amounts payable to persons who, on behalf of the FPS,
furnish health services to individuals committed to the custody of the
FPS: Provided further, That uniforms may be purchased without regard to
the general purchase price limitation for the current fiscal year:
Provided further, That not to exceed $6,000 shall be available for
official reception and representation expenses: Provided further, That
not to exceed $90,000,000 for the activation of new facilities shall
remain available until September 30, 1999: Provided further, That of
the amounts provided for Contract Confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements, and other
expenses authorized by section 501(c) of the Refugee Education
Assistance Act of 1980, as amended, for the care and security in the
United States of Cuban and Haitian entrants: Provided further, That
notwithstanding section 4(d) of the Service Contract Act of 1965 (41
U.S.C. 353(d)), FPS may enter into contracts and other agreements with
private entities for periods of not to exceed 3 years and 7 additional
option years for the confinement of Federal prisoners.
violent crime reduction programs
For substance abuse treatment in Federal prisons as authorized by
section 32001(e) of the Violent Crime Control and Law Enforcement Act
of 1994 (Public Law 103-322), as amended, $6,135,000, to remain
available until expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility; 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;
$267,833,000, to remain available until expended, of which not to
exceed $14,074,000 shall be available to construct areas for inmate
work programs: Provided, That labor of United States prisoners may be
used for work performed under this appropriation: Provided further,
That not to exceed 10 percent of the funds appropriated to ``Buildings
and Facilities'' in this Act or any other Act may be transferred to
``Salaries and Expenses'', Federal Prison System, upon notification by
the Attorney General to the Committees on Appropriations of the House
of Representatives and the Senate in compliance with provisions set
forth in section 605 of this Act: Provided further, That of the total
amount appropriated, not to exceed $2,300,000 shall be available for
the renovation and construction of United States Marshals Service
prisoner-holding facilities.
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 9104 of title 31, United States Code, 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.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,042,000 of the funds of the corporation shall be
available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be
determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities acquired
or produced, including selling and shipping expenses, and expenses in
connection with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and other
property belonging to the corporation or in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended, and the Missing Children's Assistance Act, as
amended, including salaries and expenses in connection therewith, and
with the Victims of Crime Act of 1984, as amended, $160,165,000, to
remain available until expended, as authorized by section 1001 of title
I of the Omnibus Crime Control and Safe Streets Act, as amended by
Public Law 102-534 (106 Stat. 3524); of which, $25,000,000 is for the
National Sexual Offender Registry.
For an additional amount, $23,000,000, to remain available until
expended; of which $5,000,000 shall be for Local Firefighter and
Emergency Services Training Grants as authorized by section 819 of the
Antiterrorism and Effective Death Penalty Act of 1996 (``the
Antiterrorism Act''); of which $14,000,000 shall be for development of
counterterrorism technologies to help State and local law enforcement
combat terrorism, as authorized by section 821 of the Antiterrorism
Act; and of which $4,000,000 shall be for specialized multi-agency
response training.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, for State and Local Narcotics Control
and Justice Assistance Improvements, notwithstanding the provisions of
section 511 of said Act, $451,500,000, to remain available until
expended, as authorized by section 1001 of title I of said Act, as
amended by Public Law 102-534 (106 Stat. 3524), of which $75,000,000
shall be available to carry out the provisions of chapter A of subpart
2 of part E of title I of said Act, for discretionary grants under the
Edward Byrne Memorial State and Local Law Enforcement Assistance
Programs, of which $6,200,000 shall be for the National Center for
Missing and Exploited Children, of which $2,000,000 shall be for
National Neighborhood Crime and Drug Abuse Prevention Programs, of
which $2,097,000 shall be available to the Executive Office of United
States Attorneys to support the National District Attorneys
Association's participation in legal education training at the National
Advocacy Center, of which $100,000 shall be available for a grant to
Roberts County, South Dakota, for establishment of a 911 emergency
system; and of which $900,000 shall be available for a grant to the
South Dakota Division of Criminal Investigation for the procurement of
equipment for law enforcement telecommunications, emergency
communications, and the State forensic laboratory.
violent crime reduction programs, state and local law enforcement
assistance
For assistance (including amounts for administrative costs for
management and administration, which amounts shall be transferred to
and merged with the ``Justice Assistance'' account) authorized by the
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322), as amended (``the 1994 Act''); the Omnibus Crime Control and Safe
Streets Act of 1968, as amended (``the 1968 Act''); and the Victims of
Child Abuse Act of 1990, as amended (``the 1990 Act''); $2,154,650,000,
to remain available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund; of which $503,000,000 shall be for
Local Law Enforcement Block Grants, pursuant to H.R. 728 as passed by
the House of Representatives on February 14, 1995, of which $25,000,000
shall be for grants to States for programs and activities to enforce
State laws prohibiting the sale of alcoholic beverages to minors or the
purchase or consumption of alcoholic beverages by minors: Provided,
That of the amount made available for Local Law Enforcement Block
Grants under this heading, $10,000,000 shall be for the Community
Policing to Combat Domestic Violence Program established pursuant to
section 1701(d) of part Q of the Omnibus Crime Control and Safe Streets
Act of 1968: Provided further, That for the purpose of eligibility for
the Local Law Enforcement Block Grant Program in the State of
Louisiana, parish sheriffs and district attorneys are to be considered
the unit of local government under section 108 of H.R. 728: Provided
further, That no funds provided under this heading may be used as
matching funds for any other Federal grant program: Provided further,
That $2,400,000 of this amount shall be for discretionary grants for
State and local law enforcement to form specialized cyber units to
investigate and prevent child sexual exploitation: Provided further,
That $20,000,000 of this amount shall be for Boys and Girls Clubs in
public housing facilities and other areas in cooperation with State and
local law enforcement: Provided further, That funds may also be used to
defray the costs of indemnification insurance for law enforcement
officers; of which $45,000,000 shall be for grants to upgrade criminal
records, as authorized by section 106(b) of the Brady Handgun Violence
Prevention Act of 1993, as amended, and section 4(b) of the National
Child Protection Act of 1993; of which $128,500,000 shall be available
as authorized by section 1001 of title I of the 1968 Act to carry out
the provisions of subpart 1, part E of title I of the 1968 Act
notwithstanding section 511 of said Act for the Edward Byrne Memorial
State and Local Law Enforcement Assistance Programs; of which
$350,000,000 shall be for the State Criminal Alien Assistance Program,
as authorized by section 242(j) of the Immigration and Nationality Act,
as amended; of which $740,500,000 shall be for Violent Offender
Incarceration and Truth in Sentencing Incentive Grants pursuant to
subtitle A of title II of the 1994 Act, of which $150,000,000 shall be
available for payments to States for incarceration of criminal aliens,
of which $35,000,000 shall be available for the Cooperative Agreement
Program, and of which $5,000,000 shall be reserved by the Attorney
General for fiscal year 1998 under section 20109(a) of subtitle A of
title II of the 1994 Act; of which $7,000,000 shall be for the Court
Appointed Special Advocate Program, as authorized by section 218 of the
1990 Act; of which $2,000,000 shall be for Child Abuse Training
Programs for Judicial Personnel and Practitioners, as authorized by
section 224 of the 1990 Act; of which $160,000,000 shall be for Grants
to Combat Violence Against Women, to States, units of local government,
and Indian tribal governments, as authorized by section 1001(a)(18) of
the 1968 Act; of which $59,000,000 shall be for Grants to Encourage
Arrest Policies to States, units of local government, and Indian tribal
governments, as authorized by section 1001(a)(19) of the 1968 Act; of
which $25,000,000 shall be for Rural Domestic Violence and Child Abuse
Enforcement Assistance Grants, as authorized by section 40295 of the
1994 Act; of which $7,000,000 shall be for training programs to assist
probation and parole officers who work with released sex offenders, as
authorized by section 40152(c) of the 1994 Act; of which $1,000,000
shall be for grants for televised testimony, as authorized by section
1001(a)(7) of the 1968 Act; of which $2,750,000 shall be for national
stalker and domestic violence reduction, as authorized by section 40603
of the 1994 Act; of which $61,200,000 shall be for grants for
residential substance abuse treatment for State prisoners as authorized
by section 1001(a)(17) of the 1968 Act; of which $15,000,000 shall be
for grants to States and units of local government for projects to
improve DNA analysis, as authorized by section 1001(a)(22) of the 1968
Act; of which $900,000 shall be for the Missing Alzheimer's Disease
Patient Alert Program, as authorized by section 240001(c) of the 1994
Act; of which $3,800,000 shall be for Motor Vehicle Theft Prevention
Programs, as authorized by section 220002(h) of the 1994 Act; of which
$40,000,000 shall be for Drug Courts, as authorized by title V of the
1994 Act; of which $1,000,000 shall be for Law Enforcement Family
Support Programs, as authorized by section 1001(a)(21) of the 1968 Act;
and of which $2,000,000 shall be for public awareness programs
addressing marketing scams aimed at senior citizens as authorized by
section 250005(3) of the 1994 Act: Provided further, That funds made
available in fiscal year 1998 under subpart 1 of part E of title I of
the 1968 Act may be obligated for programs to assist States in the
litigation processing of death penalty Federal habeas corpus petitions:
Provided further, That section 20105(c) of subtitle A of title II of
the 1994 Act (42 U.S.C. 13705(c)) is amended to read as follows:
``Notwithstanding any other provision of this subtitle, States may use
grant funds to build or expand State or local juvenile correctional
facilities and boot camps, for violent and non-violent juvenile
offenders.''.
weed and seed program fund
For necessary expenses, including salaries and related expenses of
the Executive Office for Weed and Seed, to implement ``Weed and Seed''
program activities, $33,500,000, which shall be derived from
discretionary grants provided under the Edward Byrne Memorial State and
Local Law Enforcement Assistance Programs, to remain available until
expended for intergovernmental agreements, including grants,
cooperative agreements, and contracts, with State and local law
enforcement agencies engaged in the investigation and prosecution of
violent crimes and drug offenses in ``Weed and Seed'' designated
communities, and for either reimbursements or transfers to
appropriation accounts of the Department of Justice and other Federal
agencies which shall be specified by the Attorney General to execute
the ``Weed and Seed'' program strategy: Provided, That funds designated
by Congress through language for other Department of Justice
appropriation accounts for ``Weed and Seed'' program activities shall
be managed and executed by the Attorney General through the Executive
Office for Weed and Seed: Provided further, That the Attorney General
may direct the use of other Department of Justice funds and personnel
in support of ``Weed and Seed'' program activities only after the
Attorney General notifies the Committees on Appropriations of the House
of Representatives and the Senate in accordance with section 605 of
this Act.
Community Oriented Policing Services
violent crime reduction programs
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994, Public Law 103-322 (``the 1994 Act'')
(including administrative costs), $1,400,000,000, to remain available
until expended, which shall be derived from the Violent Crime Reduction
Trust Fund, for Public Safety and Community Policing Grants pursuant to
title I of the 1994 Act: Provided, That not to exceed 270 permanent
positions and 228 full-time equivalent workyears and $24,669,000 shall
be expended for program management and administration.
In addition, for activities authorized by the 1994 Act, $40,000,000
for the Police Corps program to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust Fund.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974, as amended, including salaries and expenses in connection
therewith to be transferred to and merged with the appropriations for
Justice Assistance, $230,922,000, to remain available until expended,
as authorized by section 299 of part I of title II, as amended by
Public Law 102-586, of which (1) notwithstanding any other provision of
law, $5,922,000 shall be available for expenses authorized by part A of
title II of the Act, $86,500,000 shall be available for expenses
authorized by part B of title II of the Act, and $29,500,000 shall be
available for expenses authorized by part C of title II of the Act; (2)
$12,000,000 shall be available for expenses authorized by sections 281
and 282 of part D of title II of the Act for prevention and treatment
programs relating to juvenile gangs; (3) $10,000,000 shall be available
for expenses authorized by section 285 of part E of title II of the
Act; (4) $12,000,000 shall be available for expenses authorized by part
G of title II of the Act for juvenile mentoring programs; and (5)
$75,000,000 shall be available for the Anti-Truancy, School Violence
and Crime Intervention Program.
In addition, for grants, contracts, cooperative agreements, and
other assistance authorized by the Victims of Child Abuse Act of 1990,
as amended, $4,500,000, to remain available until expended, as
authorized by sections 214B of the Act.
juvenile block grants
violent crime reduction programs
For activities of the Juvenile Justice Block Grant Program,
$145,000,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund: Provided, That
none of the funds appropriated or otherwise made available by this Act
for ``Juvenile Block Grants'' may be obligated or expended unless such
obligation or expenditure is expressly authorized by the enactment of a
subsequent Act.
public safety officers benefits
To remain available until expended, for payments authorized by part
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796), as amended, such sums as are necessary, as authorized
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340); and
$2,000,000 for the Federal Law Enforcement Education Assistance
Program, as authorized by section 1212 of said Act.
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $45,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses in accordance with
distributions, procedures, and regulations established by the Attorney
General.
Sec. 102. Authorities contained in the Department of Justice
Appropriation Authorization Act, Fiscal Year 1980 (Public Law 96-132,
93 Stat. 1040 (1979)), as amended, 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.
Sec. 103. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 104. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 105. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 104 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 106. Notwithstanding any other provision of law, not to exceed
$10,000,000 of the funds made available in this Act may be used to
establish and publicize a program under which publicly-advertised,
extraordinary rewards may be paid, which shall not be subject to
spending limitations contained in sections 3059 and 3072 of title 18,
United States Code: Provided, That any reward of $100,000 or more, up
to a maximum of $2,000,000, may not be made without the personal
approval of the President or the Attorney General and such approval may
not be delegated.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act, including those derived from the Violent Crime Reduction
Trust Fund, may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 108. Section 524(c)(8)(E) of title 28, United States Code, is
amended by striking the year in the date therein contained and
replacing the same with ``1997 and thereafter''.
Sec. 109. The Director, Federal Bureau of Investigation, is
authorized to carry out a 2-year demonstration project showing the
viability for the defensive arming of select non-agent personnel:
Provided, That the Director, Federal Bureau of Investigation, may
authorize to carry firearms not more than 50 non-agent investigative
specialists assigned to special surveillance groups supporting
investigations, counterintelligence and counterterrorism activities:
Provided further, That personnel designated under this authority shall
meet selection criteria established by the Director, Federal Bureau of
Investigation, and successfully complete training for firearms
proficiency, defensive tactics, and deadly force policy: Provided
further, That personnel designated under this authority shall not be
deemed law enforcement officers under Title 5, United States Code, for
pay, retirement, position classification, or other purposes: Provided
further, That the Director, Federal Bureau of Investigation, shall
submit to the Committees on the Judiciary of both the House and the
Senate, by March 31, 1999, a report on the viability of the defensive
arming demonstration project along with recommendations for permanent
authority for non-agent personnel or discontinuance of the demonstraton
project.
Sec. 110. The Immigration and Nationality Act of 1952, as amended,
is further amended--
(a) by striking entirely section 286(s);
(b) in section 286(r) by--
(1) adding ``, and amount described in section
245(i)(3)(b)'' after ``recovered by the Department of
Justice'' in subsection (2);
(2) replacing ``Immigration and Naturalization
Service'' with ``Attorney General'' in subsection (3);
and
(3) striking subsection (4), and replacing it with,
``The amounts required to be refunded from the Fund for
fiscal year 1998 and thereafter shall be refunded in
accordance with estimates made in the budget request of
the President for those fiscal years. Any proposed
changes in the amounts designated in such budget
requests shall only be made after Congressional
reprogramming notification in accordance with the
reprogramming guidelines for the applicable fiscal
year.''; and
(c) in section 245(i)(3)(B), by replacing ``Immigration
Detention Account established under section 286(s)'' with
``Breached Bond/Detention Fund established under section
286(r)''.
Sec. 111. Section 506(c) of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1995
(8 U.S.C. 1182 note, 1255 note) is amended by deleting everything after
``1994''.
Sec. 112. (a) Short Title.--This section may be cited as the
``Philippine Army, Scouts, and Guerilla Veterans of World War II
Naturalization Act of 1997''.
(b) In General.--Section 405 of the Immigration and Nationality Act
of 1990 (8 U.S.C. 1440 note) is amended--
(1) by striking subparagraph (B) of subsection (a)(1) and
inserting the following:
``(B) who--
``(i) is listed on the final roster
prepared by the Recovered Personnel Division of
the United States Army of those who served
honorably in an active duty status within the
Philippine Army during the World War II
occupation and liberation of the Philippines,
``(ii) is listed on the final roster
prepared by the Guerilla Affairs Division of
the United States Army of those who received
recognition as having served honorably in an
active duty status within a recognized guerilla
unit during the World War II occupation and
liberation of the Philippines, or
``(iii) served honorably in an active duty
status within the Philippine Scouts or within
any other component of the United States Armed
Forces in the Far East (other than a component
described in clause (i) or (ii)) at any time
during the period beginning September 1, 1939,
and ending December 31, 1946:'';
(2) by adding at the end of subsection (a) the following
new paragraph:
``(3)(A) For purposes of the second sentence of section
329(a) and section 329(b)(3) of the Immigration and Nationality
Act, the executive department under which a person served shall
be--
``(i) in the case of an applicant claiming to have
served in the Philippine Army, the United States
Department of the Army;
``(ii) in the case of an applicant claiming to have
served in a recognized guerilla unit, the United States
Department of the Army or, in the event the Department
of the Army has no record of military service of such
applicant, the General Headquarters of the Armed Forces
of the Philippines; or
``(iii) in the case of an applicant claiming to
have served in the Philippine Scouts or any other
component of the United States Armed Forces in the Far
East (other than a component described in clause (i) or
(ii)) at any time during the period beginning September
1, 1939, and ending December 31, 1946, the United
States executive department (or successor thereto) that
exercised supervision over such component.
``(B) An executive department specified in subparagraph (A)
may not make a determination under the second sentence of
section 329(a) with respect to the service or separation from
service of a person described in paragraph (1) except pursuant
to a request from the Service.''; and
(3) by adding at the end the following new subsection:
``(d) Implementation.--(1) Notwithstanding any other provision of
law, for purposes of the naturalization of natives of the Philippines
under this section--
``(A) the processing of applications for naturalization,
filed in accordance with the provisions of this section,
including necessary interviews, shall be conducted in the
Philippines by employees of the Service designated pursuant to
section 335(b) of the Immigration and Nationality Act; and
``(B) oaths of allegiance for applications for
naturalization under this section shall be administered in the
Philippines by employees of the Service designated pursuant to
section 335(b) of that Act.
``(2) Notwithstanding paragraph (1), applications for
naturalization, including necessary interviews, may continue to be
processed, and oaths of allegiance may continue to be taken in the
United States.''.
(c) Repeal.--Section 113 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1993
(8 U.S.C. 1440 note), is repealed.
(d) Effective Date; Termination Date.--
(1) Application to pending applications.--The amendments
made by subsection (b) shall apply to applications filed before
February 3, 1995.
(2) Termination date.--The authority provided by the
amendments made by subsection (b) shall expire February 3,
2001.
Sec. 113. (a) Section 101(a)(27)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended to read as
follows:
``(J) an immigrant--
``(i) who is present in the United States
without having been admitted or paroled, or who
has been paroled into the United States by the
Attorney General specifically for the purpose
of obtaining special immigrant status pursuant
to this subparagraph;
``(ii)(I) who has been declared dependent
on a juvenile court located in the United
States if the dependency order is issued
pursuant to a request made on behalf of the
alien, the court notifies the Attorney General
of the request for the order, and the Attorney
General expressly consents to the court hearing
the request; or
``(II) whom the juvenile court has legally
committed to, or placed under the custody of,
an agency or department of a State and who has
been deemed eligible by that court for long-
term foster care, except that while the alien
is in the actual or constructive custody of the
Attorney General, the court shall have
jurisdiction to determine the custody status of
the alien only if the Attorney General
expressly consents to that jurisdiction; and
``(iii) for whom it has been determined in
administrative or judicial proceedings that it
would not be in the alien's best interest to be
returned to the alien's or parent's previous
country of nationality or country of last
habitual residence; except that no natural
parent or prior adoptive parent of any alien
provided special immigrant status under this
subparagraph shall thereafter, by virtue of
such parentage, be accorded any right,
privilege, or status under this Act.''.
(b) Adjustment of Status.--Section 245(h) of the Immigration and
Nationality Act (8 U.S.C. 1255(h)) is amended by striking the period at
the end and inserting the following: ``, unless the alien was paroled
into the United States by the Attorney General specifically in order to
apply for such special immigrant status. Nothing in this subsection or
section 101(a)(27)(J) shall be construed to require the Attorney
General to parole into the United States any alien specifically for
this purpose.''.
Sec. 114. (a) Section 1402 of the Victims of Crime Act of 1984, (42
U.S.C. 10601), is amended in subsection (d) by--
(1) replacing ``judicial branch administrative costs; grant
program percentages'' in the heading with ``grant programs'';
(2) striking paragraph (1);
(3) replacing ``the next'' in paragraph (2) with ``The
first''; and
(4) redesignating paragraphs (2) through (4) as paragraphs
(1) through (3), respectively.
(b) Any unobligated sums hitherto available to the judicial branch
pursuant to the paragraph repealed by section (a) shall be deemed to be
deposits into the Crime Victims Fund as of the effective date hereof
and may be used by the Director of the Office for Victims of Crime to
improve services for the benefit of crime victims, including the
processing and tracking of criminal monetary penalties and related
litigation activities, in the federal criminal justice system.
Sec. 115. Not to exceed $200,000 of funds appropriated under
section 1304 of title 31, United States Code, shall be available for
payment pursuant to the Hearing Officer's Report in United States Court
of Federal Claims No. 93-645X (June 3, 1996) (see 35 Fed. Cl. 99 (March
7, 1996)).
Sec. 116. (a) In General.--Section 170101(a) of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(a)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``with a
designated State law enforcement agency''; and
(B) in subparagraph (B), by striking ``with a
designated State law enforcement agency''; and
(2) by striking paragraph (2), and inserting the following:
``(2) Determination by state boards.--
``(A) In general.--A determination that a person is
a sexually violent predator or a determination that a
person is no longer a sexually violent predator for
purposes of this section shall be made by the
sentencing court, after considering--
``(i) the recommendations of the
appropriate State board or boards under
subparagraph (B)(iii); or
``(ii) with respect to a State described in
subparagraph (C), the recommendations of the
State, which shall be made in accordance with
the procedures described in that subparagraph.
``(B) State boards.--
``(i) In general.--Except as provided in
subparagraph (C), not later than 2 years after
the date of enactment of the Jacob Wetterling
Crimes Against Children and Sexually Violent
Offenders Registration Improvements Act of
1997, each State shall establish 1 or more
State boards in accordance with this
subparagraph.
``(ii) Membership.--Each State board
established under this subparagraph shall be
composed of--
``(I) experts in the behavior and
treatment of sex offenders;
``(II) victims' rights advocates;
and
``(III) representatives of law
enforcement agencies.
``(iii) Recommendations.--Upon the request
of a sentencing court, a State board
established under this subparagraph shall make
a recommendation to the sentencing court
regarding whether a person is a sexually
violent predator or whether a person is no
longer a sexually violent predator for purposes
of this section.
``(C) Waiver.--The Attorney General of the United
States may waive the requirement that a State establish
1 or more boards in accordance with subparagraph (B),
if the State demonstrates to the satisfaction of the
Attorney General that the State--
``(i) has established alternative
procedures for making recommendations to a
sentencing court for purposes of subparagraph
(A); and
``(ii) will make a recommendation described
in clause (i) with respect to any person, upon
the request of the sentencing court.''.
(b) Requirements Upon Release, Parole, Supervised Release, or
Probation.--Section 170101(b) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)) is amended--
(1) in paragraph (1)--
(A) by striking the paragraph designation and
heading and inserting the following:
``(1) Duties of responsible officials.--'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``or in the case of probation, the
court'' and inserting ``a designated State
agency, the court, or other responsible
official'';
(ii) in clause (ii), by striking ``give''
and all that follows before the semicolon and
inserting ``report the change of address as
provided by State law''; and
(iii) in clause (iii), by striking ``shall
register'' and all that follows before the
semicolon and inserting ``shall report the
change of address as provided by State law and
comply with any registration requirement in the
new State of residence''; and
(C) in subparagraph (B), by striking ``or the
court'' and inserting ``, the designated State agency,
the court, or other responsible official'';
(2) by striking paragraph (2) and inserting the following:
``(2) Transfer of information to federal bureau of
investigation and to state.--
``(A) In general.--A designated State agency, the
court, or other responsible official, shall forward the
registration information to the agency responsible for
registration under State law, in accordance with State
procedures that meet the requirements of subparagraph
(B).
``(B) State procedures.--State procedures shall
ensure that, as promptly as practicable--
``(i) the registration information is
provided and made available to a law
enforcement agency having jurisdiction where
the person expects to reside;
``(ii) the registration information is
entered into the appropriate State records or
data system; and
``(iii) conviction data and fingerprints
for registered persons are transmitted to the
Federal Bureau of Investigation.'';
(3) in paragraph (3)(A)--
(A) in the matter preceding clause (i), by
inserting after ``(a)(1)'' the following: ``with
respect to any person required to register under
subsection (a)(1)(A), State procedures shall provide
for verification of address not less than annually.
Such verification may be effected by providing that,'';
(B) in clause (i), by striking ``The designated
State law enforcement'' and inserting ``A designated'';
(C) in clause (ii), by striking ``State law
enforcement'';
(D) in clause (iii), by striking ``to the
designated State law enforcement agency''; and
(E) in clause (iv), by striking ``State law
enforcement'';
(4) in paragraph (4), by striking ``section reported'' and
all that follows before the period at the end and inserting
``section shall be reported by the person in the manner
provided by State law. State procedures shall ensure that the
updated address information is provided promptly to a law
enforcement agency having jurisdiction over the location at
which the person will reside and that the information is
entered into the appropriate State records or data system'';
(5) in paragraph (5), by striking ``shall register'' and
all that follows before the period at the end and inserting
``and who moves to another State, shall report the change of
address to the responsible agency in the State the person is
leaving, and shall comply with any registration requirement in
the new State of residence. The procedures of the State the
person is leaving shall ensure that notice is provided promptly
to an agency responsible for registration in the new State, if
that State requires registration''; and
(6) by adding at the end the following:
``(7) Offenders crossing state borders.--
``(A) In general.--
``(i) Registration under laws of certain
states.--Any person who is required to register
in that person's State of residence under this
section shall also register in accordance with
the law that governs the registration,
verification, and notification of sex offenders
of each State in which that person is--
``(I) employed or carries on a
vocation; or
``(II) enrolled as a student.
``(ii) Definitions.--In this subparagraph--
``(I) the term `employed or carries
on a vocation' includes employment that
is full-time or part-time, for a period
of time exceeding 14 days or for an
aggregate period of time exceeding 30
days during any calendar year, whether
financially compensated, volunteered,
or for the purpose of government or
educational benefit; and
``(II) the term `student' includes
any person who is enrolled on a full-or
part-time basis, in any public or
private educational institution,
including any secondary school, trade
or professional institution, or
institution of higher education.
``(B) Notification requirements.--The State
authority responsible for the registration of sex
offenders in each State shall ensure that each person
who is required to register under this paragraph is
notified of the requirements of this paragraph and the
potential consequences of a failure to comply with
those requirements.
``(8) Relocating state probationers and parolees.--
``(A) In general.--Notwithstanding any conflicting
terms of a probation, parole, or transfer agreement,
any person who is serving a sentence of probation,
parole, or other supervised release for conviction of
an offense that requires registration under this
section, and who is residing in any State other than
the State in which that person was sentenced for that
offense, shall register in accordance with the law of
the State of residence of the offender that governs the
registration and notification of sex offenders,
regardless of any registration or notification
obligation under the law of the State in which that
person was sentenced for the offense.
``(B) Effect of failure to comply.--A person
required to register under subparagraph (A) who
knowingly fails to comply with this paragraph, not
later than 10 days after the date on which the person
establishes residence in a State other than the State
in which the person was sentenced as described in
subparagraph (A)--
``(i) shall be subject to punishment by a
State with respect to which the person is
registered under subparagraph (A); and
``(ii) shall be guilty of an extraditable
offense, for which a Federal warrant for
unlawful flight to avoid prosecution is
available.
``(C) Notification requirements.--Each State
authority responsible for the registration of sex
offenders who reside in that State--
``(i) shall ensure, during the course of
verification of registration information, that
each person who is required to register under
this paragraph is notified of the requirements
of this paragraph and the potential
consequences of a failure to comply with those
requirements; and
``(ii) whether the relocation of a sex
offender described in this paragraph occurs
under courtesy supervision or otherwise,
shall--
``(I) notify the authority
responsible for sex offender
registration and notification in the
State of relocation of the pending
arrival of the offender in that State
of relocation; and
``(II) provide the authority
responsible for sex offender
registration and notification in the
State of relocation with information
relating to the sex offender,
including--
``(aa) the social security
number, physical description,
criminal record, terms of
supervision, and any alias of
the sex offender; and
``(bb) the address,
telephone number, and any place
of employment of the sex
offender in the State of
relocation.
``(9) Reporting requirement.--Not later than July 1, 1999,
a State shall submit a report to the Attorney General that sets
forth existing or proposed laws, including penalty provisions,
regarding stalking crimes against individuals 16 years of age
or younger.''.
(c) Release of Information.--Section 170101(d)(3) of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(d)(3))
is amended--
(1) by striking ``the designated'' and all that follows
through ``State agency'' and inserting ``the State or any
agency authorized by the State'';
(2) by inserting ``to be disclosed only for criminal
justice purposes'' after ``private data''; and
(3) by adding at the end the following: ``The sale or
exchange of such information for profit or remuneration is
prohibited and shall be subject to prosecution under State
law.''.
(d) Immunity for Good Faith Conduct.--Section 170101(e) of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14071(e)) is amended by striking ``and State officials'' and inserting
``independent contractors acting at the direction of those agencies,
and State officials''.
(e) Federal Offenders and Military Personnel.--Section 170102(g)(3)
of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14072(g)(3)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii) and indenting each clause 2 ems to the right;
(2) by striking ``A person'' and inserting the following:
``(A) In general.--A person''; and
(3) by adding at the end the following:
``(B) Federal offenders.--
``(i) In general.--A person who is released
from prison, or placed on parole, supervised
release, or probation--
``(I) who is convicted under
Federal law of--
``(aa) a criminal offense
against a victim who is a
minor; or
``(bb) a sexually violent
offense; or
``(II) who has been determined to
be a sexually violent predator,
shall, in addition to complying with the
registration requirement in paragraph (2),
register in accordance with the law of the
State of residence of that person.
``(ii) Notification requirements.--The
Director of the Bureau of Prisons shall ensure
that each person who is required to register
under this subparagraph is notified of the
requirements of this subparagraph and the
potential consequences of a failure to comply
with those requirements.
``(C) Military personnel.--
``(i) In general.--
``(I) Registration under laws of
state of residence.--A member of the
Armed Forces of the United States who
has--
``(aa) been convicted of a
criminal offense against a
victim who is a minor;
``(bb) been convicted of a
sexually violent offense; or
``(cc) been determined to
be a sexually violent predator,
by a court of the United States, a
court of a State, or a court-martial
under the Uniform Code of Military
Justice, shall register with the
entities referred to in subclause (II).
``(II) Entities.--The entities
referred to in this subclause are--
``(aa) the FBI; and
``(bb) the State of
residence of the member, and if
different from the State of
residence, the State in which
the member is permanently
assigned.
``(III) Determination of state of
residence.--For purposes of subclause
(II)(bb), the State of residence of a
member of the Armed Forces of the
United States is--
``(aa) in the case of a
member whose permanent duty
station is in a State
(including such a member who
resides on a military
installation or is serving
aboard a vessel at sea), the
State where the member resides
whenever the member is present
at that permanent duty station;
and
``(bb) in the case of a
member whose permanent duty
station is outside the United
States, the State of the
member's home of record (as
determined under regulations
prescribed by the Secretary of
the military department
concerned).
``(ii) Effect of failure to comply.--A
person who is required to register under this
subparagraph and who knowingly fails to comply
with this section may be punished--
``(I) under section 170102(i)(1);
``(II) under the Uniform Code of
Military Justice; or
``(III) in accordance with the
applicable laws of the State with
respect to which that person is
registered.
``(iii) Notification requirements.--The
Secretary of Defense shall ensure that each
member of the Armed Forces of the United States
who is required to register under this
paragraph is notified of the requirements of
this paragraph and the potential consequences
of a failure to comply with those
requirements.''.
(f) Sense of Senate.--It is the sense of the Senate that each State
should have in effect a law that makes it a crime to stalk an
individual under the age of 16 without requiring that such individual
be physically harmed before a stalker is restrained or punished.
Sec. 117. (a) In General.--Section 610(b) of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (8 U.S.C. 1153; Public Law 102-395) is
amended--
(1) by striking ``300'' and inserting ``3,000''; and
(2) by striking ``five years'' and inserting ``seven
years''.
(b) Effective Date.--The amendment made by subsection (a)(2) shall
be deemed to have become effective on October 6, 1992.
Sec. 118. The Director of the United States Marshals Service shall
provide a magnetometer and not less than one qualified guard at each
entrance to the real property (including offices, buildings, and
related grounds and facilities) that is leased to the United States as
a place of employment for Federal employees at 625 Silver, S.W., in
Albuquerque, New Mexico.
Sec. 119. Section 203(p)(1) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(p)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph:
``(B)(i) The Administrator may exercise the authority under
subparagraph (A) with respect to such surplus real and related
property needed by the transferee or grantee for--
``(I) law enforcement purposes, as determined by
the Attorney General; or
``(II) emergency management response purposes,
including fire and rescue services, as determined by
the Director of the Federal Emergency Management
Agency.
``(ii) The authority provided under this subparagraph shall
terminate on December 31, 1999.''.
Sec. 120. Of the amounts made available under this title under the
heading ``OFFICE OF JUSTICE PROGRAMS'' under the subheading ``state and
local law enforcement assistance'', not more than 90 percent of the
amount otherwise to be awarded to an entity under the Local Law
Enforcement Block Grant Program shall be made available to that entity,
if it is made known to the Federal official having authority to
obligate or expend such amounts that the entity employs a public safety
officer (as that term is defined in section 1204 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968) does not provide an
employee who is public safety officer and who retires or is separated
from service due to injury suffered as the direct and proximate result
of a personal injury sustained in the line of duty while responding to
an emergency situation or a hot pursuit (as such terms are defined by
State law) with the same or better level of health insurance benefits
that are otherwise paid by the entity to a public safety officer at the
time of retirement or separation.
Sec. 121. Public Disclosure of Court Appointed Attorneys' Fees.--
Section 3006A(d) of title 18, United States Code, is amended by
striking paragraph (4) and inserting the following:
``(4) Disclosure of fees.--
``(A) In general.--Subject to subparagraphs (B)
through (E), the amounts paid under this subsection for
services in any case shall be made available to the
public by the court upon the court's approval of the
payment.
``(B) Pre-trial or trial in progress.--If a trial
is in pre-trial status or still in progress and after
considering the defendant's interests as set forth in
subparagraph (D), the court shall--
``(i) redact any detailed information on
the payment voucher provided by defense counsel
to justify the expenses to the court; and
``(ii) make public only the amounts
approved for payment to defense counsel by
dividing those amounts into the following
categories:
``(I) Arraignment and or plea.
``(II) Bail and detention hearings.
``(III) Motions.
``(IV) Hearings.
``(V) Interviews and conferences.
``(VI) Obtaining and reviewing
records.
``(VII) Legal research and brief
writing.
``(VIII) Travel time.
``(IX) Investigative work.
``(X) Experts.
``(XI) Trial and appeals.
``(XII) Other.
``(C) Trial completed.--
``(i) In general.--If a request for payment
is not submitted until after the completion of
the trial and subject to consideration of the
defendant's interests as set forth in
subparagraph (D), the court shall make
available to the public an unredacted copy of
the expense voucher.
``(ii) Protection of the rights of the
defendant.--lf the court determines that
defendant's interests as set forth in
subparagraph (D) require a limited disclosure,
the court shall disclose amounts as provided in
subparagraph (B).
``(D) Considerations.--The interests referred to in
subparagraphs (B) and (C) are--
``(i) to protect any person's 5th amendment
right against self-incrimination;
``(ii) to protect the defendant's 6th
amendment rights to effective assistance of
counsel;
``(iii) the defendant's attorney-client
privilege;
``(iv) the work product privilege of the
defendant's counsel;
``(v) the safety of any person; and
``(vi) any other interest that justice may
require.
``(E) Notice.--The court shall provide reasonable
notice of disclosure to the counsel of the defendant
prior to the approval of the payments in order to allow
the counsel to request redaction based on the
considerations set forth in subparagraph (D). Upon
completion of the trial, the court shall release
unredacted copies of the vouchers provided by defense
counsel to justify the expenses to the court. If there
is an appeal, the court shall not release unredacted
copies of the vouchers provided by defense counsel to
justify the expenses to the court until such time as
the appeals process is completed, unless the court
determines that none of the defendant's interests set
forth in subparagraph (D) will be compromised.''.
Sec. 122. (a) Section 1(d) of the Foreign Agents Registration Act
of 1938, as amended (22 U.S.C. 611(d)) is amended by inserting after
``The term `agent of a foreign principal''' the following: ``(1)
includes an entity described in section 170(b)(1)(A)(vi) of the
Internal Revenue Code of 1986 that receives, directly or indirectly,
from a government of a foreign country (or more than one such
government) in any 12-month period contributions in a total amount in
excess of $10,000, and that conducts public policy research, education,
or information dissemination and that is not included in any other
subsection of 170(b) (1)(A), and (2)''.
(b) Section 3(d) of such Act (22 U.S.C. 613(d)) is amended by
inserting ``, other than an entity referred to in section 1(d)(1),''
after ``Any person''.
Sec. 123. The Administrative Office of the United States Courts, in
consultation with the Judicial Conference, shall conduct a study of the
average costs incurred in defending and presiding over Federal capital
cases from the initial appearance of the defendant through the final
appeal, and shall submit a written report to the Chairman and Ranking
Members of the Senate and House Committees on Appropriations and the
Judiciary on or before July 1, 1998, containing recommendations on
measures to contain costs in such cases, with constitutional
requirements.
Sec. 124. The Attorney General shall review the practices of United
States Attorneys' Offices and relevant investigating agencies in
investigating and prosecuting Federal capital cases, including before
the initial appearance of the defendant through final appeal, and shall
submit a written report to the Chairman and Ranking Members of the
Senate and House Committees on Appropriations and the Judiciary on or
before July 1, 1998, containing recommendations on measures to contain
costs in such cases, consistent with constitutional requirements, and
outlining a protocol for the effective, fiscally responsible
prosecution of Federal capital cases.
Sec. 125. There shall be no restriction on the use of Public Safety
and Community Policing Grants, authorized under title I of the 1994
Act, to support innovative programs to improve the safety of elementary
and secondary school children and reduce crime on or near elementary or
secondary school grounds.
Sec. 126. Section 1701(b)(2)(A) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended to
read as follows--
``(A) may not exceed 20 percent of the funds available for
grants pursuant to this subsection in any fiscal year.''.
Sec. 127. Waiver of Certain Vaccination Requirements. (a) In
General.--Section 212 of the Immigration and Nationality Act (8 U.S.C.
1182) is amended by adding at the end the following:
``(p) The Attorney General should exercise the waiver authority
provided for in subsection (g)(2)(B) for any alien orphan applying for
an IR3 or IR4 category visa.''.
(b) Report.--The Attorney General, in conjunction with the
Secretaries of Health and Human Services and State, shall report to
Congress within 6 months of the date of enactment of this Act on how to
establish an enforcement program to ensure that immigrants who receive
waivers from the immunization requirement pursuant to section 212 of
the Immigration and Nationality Act comply with the requirement of that
section after the immigrants enter the United States, except when such
immunizations would not be medically appropriate in the United States
or would be contrary to the alien's religious or moral convictions.
Sec. 128. Section 233(d) of the Antiterrorism and Effective Death
Penalty Act of 1996 (110 Stat. 1245) is amended by striking ``1 year
after the date of enactment of this Act'' and inserting ``October 1,
1999''.
Sec. 129. Report on Collecting DNA Samples from Sex Offenders. (a)
Definitions.--In this section--
(1) the terms ``criminal offense against a victim who is a
minor'', ``sexually violent offense'', and ``sexually violent
predator'' have the meanings given those terms in section
170101(a) of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14071(a));
(2) the term ``DNA'' means deoxyribonucleic acid; and
(3) the term ``sex offender'' means an individual who--
(A) has been convicted in Federal court of--
(i) a criminal offense against a victim who
is a minor; or
(ii) a sexually violent offense; or
(B) is a sexually violent predator.
(b) Report.--From amounts made available to the Department of
Justice under this title, not later than 180 days after the date of
enactment of this Act, the Attorney General shall submit to Congress a
report, which shall include a plan for the implementation of a
requirement that, prior to the release (including probation, parole, or
any other supervised release) of any sex offender from Federal custody
following a conviction for a criminal offense against a victim who is a
minor or a sexually violent offense, the sex offender shall provide a
DNA sample to the appropriate law enforcement agency for inclusion in a
national law enforcement DNA database.
(c) Plan Requirements.--The plan submitted under subsection (b)
shall include recommendations concerning--
(1) a system for--
(A) the collection of DNA samples from any sex
offender;
(B) the analysis of the collected samples for DNA
and other genetic typing analysis; and
(C) making the DNA and other genetic typing
information available for law enforcement purposes
only;
(2) guidelines for coordination with existing Federal and
State DNA and genetic typing information databases and for
Federal cooperation with State and local law in sharing this
information;
(3) addressing constitutional, privacy, and related
concerns in connection with the mandatory submission of DNA
samples; and
(4) procedures and penalties for the prevention of improper
disclosure or dissemination of DNA or other genetic typing
information.
Sec. 130. Extension of Violent Crime Reduction Trust Fund. (a)
Section 310001(b) of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14211(b)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following--
``(7) for fiscal year 2001, $4,355,000,000; and
``(8) for fiscal year 2002, $4,455,000,000.
(b) Beginning on the date of enactment of this legislation, the
discretionary spending limits contained in section 201 of H. Con. Res.
84 (One Hundred Fifth Congress) are reduced as follows--
(1) for fiscal year 2001, $4,355,000,000 in new budget
authority and $5,936,000,000 in outlays;
(2) for fiscal year 2002, $4,455,000,000 in new budget
authority and $4,485,000,000 in outlays.
Sec. 131. Special Masters For Civil Actions Concerning Prison
Conditions. Section 3626(f) of title 18, United States Code, is
amended--
(1) by striking the subsection heading and inserting the
following:
``(f) Special Masters For Civil Actions Concerning Prison
Conditions.--''; and
(2) in paragraph (4)--
(A) by inserting ``(A)'' after ``(4)'';
(B) in subparagraph (A), as so designated, by
adding at the end the following: ``In no event shall a
court require a party to a civil action under this
subsection to pay the compensation, expenses, or costs
of a special master. Notwithstanding any other
provision of law (including section 306 of the Act
entitled `An Act making appropriations for the
Departments of Commerce, Justice, and State, the
Judiciary, and related agencies for the fiscal year
ending September 30, 1997,' contained in section 101(a)
of title I of division A of the Act entitled `An Act
making omnibus consolidated appropriations for the
fiscal year ending September 30, 1997' (110 Stat. 3009-
201)) and except as provided in subparagraph (B), the
requirement under the preceding sentence shall apply to
the compensation and payment of expenses or costs of a
special master for any action that is commenced,
before, on, or after the date of enactment of the
Prison Litigation Reform Act of 1995.''; and
(C) by adding at the end the following:
``(B) The payment requirements under subparagraph (A) shall not
apply to the payment to a special master who was appointed before the
date of enactment of the Prison Litigation Reform Act of 1995 (110
Stat. 1321-165 et seq.) of compensation, expenses, or costs relating to
activities of the special master under this subsection that were
carried out during the period beginning on the date of enactment of the
Prison Litigation Reform Act of 1995 and ending on the date of
enactment of this subparagraph.''.
This title may be cited as the ``Department of Justice
Appropriations Act, 1998''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$22,092,000, of which $2,500,000 shall remain available until expended:
Provided, That not to exceed $98,000 shall be available for official
reception and representation expenses: Provided further, That the
number of political appointees on board as of May 1, 1998, shall
constitute not more than fifteen percentum of the total full-time
equivalent positions at the Office of the United States Trade
Representative.
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, and not to exceed $2,500 for official reception and
representation expenses, $41,000,000 to remain available until
expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas; travel
and transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard to 49
U.S.C. 1517; employment of Americans and aliens by contract for
services; rental of space abroad for periods not exceeding ten 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 $327,000 for official representation expenses
abroad; purchase of passenger motor vehicles for official use abroad,
not to exceed $30,000 per vehicle; obtain insurance on official motor
vehicles; and rent tie lines and teletype equipment; $280,736,000, to
remain available until expended: Provided, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities without
regard to section 5412 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4912); and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational and
Cultural Exchange Act shall include payment for assessments for
services provided as part of these activities.
Export Administration
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for services
abroad; rental of space abroad for periods not exceeding ten years, and
expenses of alteration, repair, or improvement; 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 $15,000 for
official representation expenses abroad; awards of compensation to
informers under the Export Administration Act of 1979, and as
authorized by 22 U.S.C. 401(b); purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without regard to
any price limitation otherwise established by law; $43,126,000, to
remain available until expended: Provided, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, as amended, Public
Law 91-304, and such laws that were in effect immediately before
September 30, 1982, and for trade adjustment assistance, $250,000,000:
Provided, That none of the funds appropriated or otherwise made
available under this heading may be used directly or indirectly for
attorneys' or consultants' fees in connection with securing grants and
contracts made by the Economic Development Administration: Provided
further, That, notwithstanding any other provision of law, the
Secretary of Commerce may provide financial assistance for projects to
be located on military installations closed or scheduled for closure or
realignment to grantees eligible for assistance under the Public Works
and Economic Development Act of 1965, as amended, without it being
required that the grantee have title or ability to obtain a lease for
the property, for the useful life of the project, when in the opinion
of the Secretary of Commerce, such financial assistance is necessary
for the economic development of the area: Provided further, That the
Secretary of Commerce may, as the Secretary considers appropriate,
consult with the Secretary of Defense regarding the title to land on
military installations closed or scheduled for closure or realignment.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $22,028,000: 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.
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, $27,811,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$47,917,000, to remain available until September 30, 1999.
economics and statistics administration revolving fund
The Secretary of Commerce is authorized to disseminate economic and
statistical data products as authorized by sections 1, 2, and 4 of
Public Law 91-412 (15 U.S.C. 1525-1527) and, notwithstanding section
5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C.
4912), charge fees necessary to recover the full costs incurred in
their production. Notwithstanding 31 U.S.C. 3302, receipts received
from these data dissemination activities shall be credited to this
account, to be available for carrying out these purposes without
further appropriation.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$138,056,000.
periodic censuses and programs
For expenses necessary to collect and publish statistics for
periodic censuses and programs provided for by law, $520,726,000, to
remain available until expended.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $16,574,000,
to remain available until expended: Provided, That notwithstanding 31
U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies
for costs incurred in spectrum management, analysis, and operations,
and related services and such fees shall be retained and used as
offsetting collections for costs of such spectrum services, to remain
available until expended: Provided further, That hereafter,
notwithstanding any other provision of law, NTIA shall not authorize
spectrum use or provide any spectrum functions pursuant to the NTIA
Organization Act, 47 U.S.C. Sec. Sec. 902-903, to any Federal entity
without reimbursement as required by NTIA for such spectrum management
costs, and Federal entities withholding payment of such cost shall not
use spectrum: Provided further, That the Secretary of Commerce is
authorized to retain and use as offsetting collections all funds
transferred, or previously transferred, from other Government agencies
for all costs incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication Sciences of
the NTIA, in furtherance of its assigned functions under this
paragraph, and such funds received from other Government agencies shall
remain available until expended.
public broadcasting facilities, planning and construction
For grants authorized by section 392 of the Communications Act of
1934, as amended, $25,000,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $1,500,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That
notwithstanding the provisions of section 391 of the Act, the prior
year unobligated balances may be made available for grants for projects
for which applications have been submitted and approved during any
fiscal year: Provided further, That, notwithstanding any other
provision of law, the Pan-Pacific Education and Communication
Experiments by Satellite (PEACESAT) Program is eligible to compete for
Public Broadcasting Facilities, Planning and Construction funds.
information infrastructure grants
For grants authorized by section 392 of the Communications Act of
1934, as amended, $11,000,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $3,000,000 shall be available for program administration and
other support activities as authorized by section 391: Provided
further, That of the funds appropriated herein, not to exceed 5 percent
may be available for telecommunications research activities for
projects related directly to the development of a national information
infrastructure: Provided further, That notwithstanding the requirements
of section 392(a) and 392(c) of the Act, these funds may be used for
the planning and construction of telecommunications networks for the
provision of educational, cultural, health care, public information,
public safety, or other social services.
Patent and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office or any
successor organization, $656,320,000, to remain available until
expended: Provided, That $629,320,000 of offsetting collections shall
be assessed and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41
and 376 and shall be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the General Fund shall be reduced as such offsetting collections are
received during fiscal year 1998, so as to result in a final fiscal
year 1998 appropriation from the General Fund estimated at $27,000,000:
Provided further, That should legislation establishing an Office of the
Under Secretary of Commerce for Intellectual Property Policy be
enacted, such funds as are necessary, not to exceed 2 percent of
projected annual revenues of the Patent and Trademark Office, shall be
made available from the sum appropriated in this paragraph for the
staffing, operation, and support of said office once a plan for this
office has been submitted to the House and Senate Committees on
Appropriations pursuant to section 605 of this Act.
Science and Technology
Technology Administration
under secretary for technology/office of technology policy
salaries and expenses
For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $8,800,000.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $276,852,000, to remain available until expended, of which
not to exceed $500,000 may be transferred to the ``Working Capital
Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension Partnership
of the National Institute of Standards and Technology, $111,040,000, to
remain available until expended, of which not to exceed $300,000 may be
transferred to the ``Working Capital Fund'': Provided, That
notwithstanding the time limitations imposed by 15 U.S.C. 278k(c) (1)
and (5) on the duration of Federal financial assistance that may be
awarded by the Secretary of Commerce to Regional Centers for the
transfer of Manufacturing Technology (``Centers''), such Federal
financial assistance for a Center may continue beyond six years and may
be renewed for additional periods, not to exceed one year, at a rate
not to exceed one-third of the Center's total annual costs, subject
before any such renewal to a positive evaluation of the Center and to a
finding by the Secretary of Commerce that continuation of Federal
funding to the Center is in the best interest of the Regional Centers
for the transfer of Manufacturing Technology Program: Provided further,
That the Center's most recent performance evaluation is positive, and
the Center has submitted a reapplication which has successfully passed
merit review.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$200,000,000, to remain available until expended, of which not to
exceed $500,000 may be transferred to the ``Working Capital Fund''.
construction of research facilities
For renovation of existing facilities of the National Institute of
Standards and Technology, as authorized by 15 U.S.C. 278c-278e,
$16,000,000, to remain available until expended.
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 acquisition,
maintenance, operation, and hire of aircraft; not to exceed 299
commissioned officers on the active list as of September 30, 1998;
grants, contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agreements;
and alteration, modernization, and relocation of facilities as
authorized by 33 U.S.C. 883i; $1,999,052,000, to remain available until
expended, of which not to exceed $3,800,000 may be made available to
the Secretary of Commerce for a study on the effect of intentional
encirclement, including chase, on dolphins and dolphin stocks in the
eastern tropical Pacific Ocean purse seine fishery: Provided, That
notwithstanding 31 U.S.C. 3302 but consistent with other existing law,
fees shall be assessed, collected, and credited to this appropriation
as offsetting collections to be available until expended, to recover
the costs of administering aeronautical charting programs: Provided
further, That the sum herein appropriated from the general fund shall
be reduced as such additional fees are received during fiscal year
1998, so as to result in a final general fund appropriation estimated
at not more than $1,996,052,000: Provided further, That any such
additional fees received in excess of $3,000,000 in fiscal year 1998
shall not be available for obligation until October 1, 1998: Provided
further, That fees and donations received by the National Ocean Service
for the management of the national marine sanctuaries may be retained
and used for the salaries and expenses associated with those
activities, notwithstanding 31 U.S.C. 3302: Provided further, That in
addition, $62,381,000 shall be derived by transfer from the fund
entitled ``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'': Provided further, That grants to States
pursuant to sections 306 and 306A of the Coastal Zone Management Act of
1972, as amended, shall not exceed $2,000,000. Notwithstanding any
other provision of law and pursuant to the fiscal year 1997 Emergency
Supplemental Act (Public Law 105-18) section 2004, funding for the
following projects is to be made available from prior year carryover
funds: $200,000 for the Ship Creek facility in Anchorage, Alaska;
$1,000,000 for the construction of a facility on the Gulf Coast in
Mississippi; and $300,000 for an open ocean aquaculture project and
community outreach programs in Durham, New Hampshire.
coastal zone management fund
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $7,800,000, for
purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and
315(e) of such Act.
construction
For repair and modification of, and additions to, existing
facilities and construction of new facilities, and for facility
planning and design and land acquisition not otherwise provided for the
National Oceanic and Atmospheric Administration, $88,000,000, to remain
available until expended.
fleet maintenance and planning
For expenses necessary for the repair, acquisition, leasing, or
conversion of vessels, including related equipment to maintain and
modernize the existing fleet and to continue planning the modernization
of the fleet, for the National Oceanic and Atmospheric Administration,
$15,823,000, to remain available until expended.
fishing vessel and gear damage compensation fund
For carrying out the provisions of section 3 of Public Law 95-376,
not to exceed $200,000, to be derived from receipts collected pursuant
to subsections (b) and (f) of section 10 of the Fishermen's Protective
Act of 1967 (22 U.S.C. 1980), 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 $953,000, 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-Stevens Fishery Conservation and Management Act of 1976, as
amended (Public Law 100-627), and the American Fisheries Promotion Act
(Public Law 96-561), to be derived from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to
exceed $189,000, to remain available until expended.
fishing vessel obligations guarantees
For the cost of guaranteed loans, $338,000, as authorized by the
Merchant Marine Act of 1936, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That none of the funds made available under this heading may be used to
guarantee loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
General Administration
salaries and expenses
For expenses necessary for the general administration of the
Department of Commerce provided for by law, including not to exceed
$3,000 for official entertainment, $28,490,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App. 1-11 as amended by Public Law 100-504),
$20,140,000.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act
shall be available for the activities specified in the Act of October
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed
by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for
advanced payments not otherwise authorized only upon the certification
of officials designated by the Secretary that such payments are in the
public interest.
Sec. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 203. None of the funds made available by this Act may be used
to support the hurricane reconnaissance aircraft and activities that
are under the control of the United States Air Force or the United
States Air Force Reserve.
Sec. 204. None of the funds provided in this or any previous Act,
or hereinafter made available to the Department of Commerce, shall be
available to reimburse the Unemployment Trust Fund or any other fund or
account of the Treasury to pay for any expenses paid before October 1,
1992, as authorized by section 8501 of title 5, United States Code, for
services performed after April 20, 1990, by individuals appointed to
temporary positions within the Bureau of the Census for purposes
relating to the 1990 decennial census of population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 605 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 206. Any costs incurred by a Department or agency funded under
this title resulting from personnel actions taken in response to
funding reductions included in this title shall be absorbed within the
total budgetary resources available to such Department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated
as a reprogramming of funds under section 605 of this Act and shall not
be available for obligation or expenditure except in compliance with
the procedure set forth in that section.
Sec. 207. The Secretary may award contracts for hydrographic,
geodetic, and photogrammetric surveying and mapping services in
accordance with title IX of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 541 et seq.).
Sec. 208. There is hereby established the Bureau of the Census
Working Capital Fund, which shall be available without fiscal year
limitation, for expenses and equipment necessary for the maintenance
and operation of such services and projects as the Director of the
Census Bureau determines may be performed more advantageously when
centralized: Provided, That such central services shall, to the fullest
extent practicable, be used to make unnecessary the maintenance of
separate like services in the divisions and offices of the Bureau:
Provided further, That a separate schedule of expenditures and
reimbursements, and a statement of the current assets and liabilities
of the Working Capital Fund as of the close of the last completed
fiscal year, shall be prepared each year: Provided further, That
notwithstanding 31 U.S.C. 3302, the Working Capital Fund may be
credited with advances and reimbursements from applicable
appropriations of the Bureau and from funds of other agencies or
entities for services furnished pursuant to law: Provided further, That
any inventories, equipment, and other assets pertaining to the services
to be provided by such funds, either on hand or on order, less the
related liabilities or unpaid obligations, and any appropriations made
hereafter for the purpose of providing capital, shall be used to
capitalize the Working Capital Fund: Provided further, That the Working
Capital Fund shall provide for centralized services at rates which will
return in full all expenses of operation, including depreciation of
fund plant and equipment, amortization of automated data processing
software and hardware systems, and an amount necessary to maintain a
reasonable operating reserve as determined by the Director.
Sec. 209. None of the funds made available in this Act for fiscal
year 1998 may be used by the Department of Commerce to make
irreversible plans or preparation for the use of sampling or any other
statistical method (including any statistical adjustment) in taking the
2000 decennial census of population for purposes of the
appropriationment of Representatives in Congress among the States.
Sec. 210. (a) Section 401 of title 22, United States Code, is
amended--
(1) in subsection (a), by adding after the first sentence
the following: ``The Secretary of Commerce may seize and detain
any commodity (other than arms or munitions of war) or
technology which is intended to be or is being exported in
violation of laws governing such exports and may seize and
detain any vessel, vehicle, or aircraft containing the same or
which has been used or is being used in exporting or attempting
to export such articles.''; and
(2) in subsection (b), by adding the following after ``and
not inconsistent with the provisions hereof.''--
``However, with respect to seizures and forfeitures of
property under this section by the Secretary of Commerce, such
duties as are imposed upon the customs officer or any other
person with respect to the seizure and forfeiture of property
under the customs law may be performed by such officers as are
designated by the Secretary of Commerce or, upon the request of
the Secretary of Commerce, by any other agency that has
authority to manage and dispose of seized property.''
(b) Section 524(c)(11)(B) of title 28, United States Code, is
amended by adding at the end thereof ``or pursuant to the authority of
the Secretary of Commerce''.
Sec. 211. Notwithstanding any other provision of law, the Economic
Development Administration is directed to transfer funds obligated and
awarded to the Butte-Silver Bow Consolidated Local Government as
Project Number 05-01-02822 to the Butte Local Development Corporation
Revolving Loan Fund to be administered by the Butte Local Development
Corporation, such funds to remain available until expended.
Sec. 212. The Office of Management and Budget shall designate the
Jonesboro-Paragould, Arkansas Metropolitan Statistical Area in lieu of
the Jonesboro, Arkansas Metropolitan Statistical Area. The Jonesboro-
Paragould, Arkansas Metropolitan Statistical Area shall include both
Craighead County, Arkansas and Greene County, Arkansas, in their
entirety.
Sec. 213. In addition to funds provided elsewhere in this Act for
the National Telecommunications and Information Administration
Information Infrastructure Grants program, $10,490,000 is available
until expended: Provided, That this amount shall be offset by
proportionate reductions in appropriations provided for the Department
of Commerce in title II of this Act: Provided further, That no
reductions shall be made from any appropriations made available in this
Act for the National Oceanic and Atmospheric Administration, the
National Institute of Standards and Technology and the National
Telecommunications and Information Administration Public Broadcasting
Facilities, Planning and Construction program.
Sec. 214. Sense of the Senate with Respect to Slamming. (a)
Statement of Purpose.--The purposes of this statement of the sense of
the Senate are to--
(1) protect consumers from the fraudulent transfer of their
phone service provider;
(2) allow the efficient prosecution of phone service
providers who defraud consumers; and
(3) encourage an environment in which consumers can readily
select the telephone service provider which best serves them.
(b) Findings.--The Congress finds the following:
(1) As the telecommunications industry has moved toward
competition in the long distance market, consumers have
increasingly elected to change the company which provides their
long-distance phone service. As many as fifty million consumers
now change their long distance provider annually.
(2) The fluid nature of the long distance market has also
allowed an increasing number of fraudulent transfers to occur.
Such transfers have been termed ``slamming'', which constitutes
any practice that changes a consumer's long distance carrier
without the consumer's knowledge or consent.
(3) Slamming is now the largest single consumer complaint
received by the Common Carrier Bureau of the Federal
Communications Commission. As many as one million consumers are
fraudulently transferred annually to a provider which they have
not chosen.
(4) The increased costs which consumers face as a result of
these fraudulent switches threaten to rob consumers of the
financial benefits created by a competitive marketplace.
(5) The Telecommunications Act of 1996 sought to combat
this problem by directing that any revenues generated by a
fraudulent transfer be payable to the company which the
consumer has expressly chosen, not the fraudulent transferor.
Recently the Federal Communications Commision has exercised its
proper authority to implement this rule. Eliminating the
financial incentive to slam will reduce this problem.
(6) While the Federal Communications Commission has
proposed and promulgated regulations on this subject, the
Commission has not been able to effectively deter the practice
of slamming due to a lack of prosecutorial resources as well as
the difficulty of proving that a provider failed to obtain the
consent of a consumer prior to acquiring that consumer as a new
customer. Commission action to date has not adequately
protected consumers.
(7) The majority of consumers who have been fraudulently
denied the services of their chosen phone service vendor do not
turn to the Federal Communications Commission for assistance.
Indeed, section 258 of the Communications Act of 1934 directs
that State commissions shall be able to enforce regulations
mandating that the consent of a consumer be obtained prior to a
switch of service.
(8) It is essential that Congress provide the Federal
Communications Commission, law enforcement, consumers, and
consumer agencies with the ability to efficiently and
effectively prosecute those companies which slam consumers,
thus providing a deterrent to all other firms which provide
phone services.
(c) Sense of the Senate.--It is the sense of the Senate that--
(1) the Federal Communications Commission should, within 12
months of the date of enactment of this Act, promulgate
regulations, consistent with the Communications Act of 1934
which provide law enforcement officials dispositive evidence
for use in the prosecution of fraudulent transfers of
presubscribed customers of long distance and local service; and
(2) the Senate should examine the issue of slamming and
take appropriate legislative action in the One Hundred Fifth
Congress to better protect consumers from unscrupulous
practices including, but not limited to, mandating the
recording and maintenance of evidence concerning the consent of
the consumer to switch phone vendors, including a requirement
for third-party verification, establishing higher civil fines
for violations, approving the Federal Communications
Commission's exercise of its authority to provide by rule for
slammed consumers to be exempt from any payment requirement,
and establishing a civil right of action against fraudulent
providers, as well as criminal sanctions for repeated and
willful instances of slamming.
This title may be cited as the ``Department of Commerce and Related
Agencies Appropriations Act, 1998''.
TITLE III--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, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve; $28,903,000.
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), $6,170,000, of which
$3,620,000 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 necessary expenses of the court, as authorized by
law, $15,796,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services as authorized by 5 U.S.C.
3109, and necessary expenses of the court, as authorized by law,
$11,478,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
(including transfer of funds)
For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retire from office or from regular active service, judges of the United
States Court of Federal Claims, bankruptcy judges, magistrate judges,
and all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,789,777,000 (including the purchase of
firearms and ammunition); of which not to exceed $16,530,000 shall
remain available until expended for space alteration projects; and of
which not to exceed $10,000,000 shall remain available until expended
for furniture and furnishings related to new space alteration and
construction projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $2,450,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Public Defender and Community Defender
organizations; the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964, as amended; the compensation and reimbursement of expenses of
persons furnishing investigative, expert and other services under the
Criminal Justice Act (18 U.S.C. 3006A(e)); the compensation (in
accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians ad litem
acting on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign
countries with which the United States has a treaty for the execution
of penal sentences; and the compensation of attorneys appointed to
represent jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d); $308,000,000, to remain
available until expended as authorized by 18 U.S.C. 3006A(i): Provided,
That the annual incremental cost of each capital representation shall
not exceed $63,000: Provided further, That if the annual incremental
cost of any capital representation exceeds $63,000, the costs in excess
of $63,000 shall be paid equally out of funds appropriated or otherwise
made available to the administrative units supporting the prosecutor
and presiding judge.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)); $68,252,000, 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.
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 as
authorized by section 1010 of the Judicial Improvement and Access to
Justice Act (Public Law 100-702); $167,883,000, of which not to exceed
$26,962,000 shall remain available until expended for security systems,
to be expended directly or transferred to the United States Marshals
Service which shall be responsible for 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 as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $53,843,000, of which not to exceed $7,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $17,495,000; of which $1,800,000 shall
remain available through September 30, 1999, to provide education and
training to Federal court personnel; and of which not to exceed $1,000
is authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $25,000,000, to the Judicial Survivors'
Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,400,000, and to
the United States Court of Federal Claims Judges' Retirement Fund, as
authorized by 28 U.S.C. 178(l), $1,800,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $9,480,000, of which not
to exceed $1,000 is authorized for official reception and
representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for district courts, courts of appeals, and
other judicial services shall be available for official reception and
representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $10,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in his capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 612 of title 28, United States Code, shall be
amended by striking out subsection (l).
Sec. 305. (a) Short Title.--This section may be cited as the
``Ninth Circuit Court of Appeals Reorganization Act of 1997''.
(b) Number and Composition of Circuits.--Section 41 of title 28,
United States Code, is amended--
(1) in the matter before the table, by striking
``thirteen'' and inserting ``fourteen'';
(2) in the table, by striking the item relating to the
ninth circuit and inserting the following new item:
``Ninth........................
California, Nevada.'';
and
(3) between the last 2 items of the table, by inserting the
following new item:
``Twelfth......................
Alaska, Arizona, Guam, Hawaii,
Idaho, Montana,
Northern Mariana
Islands, Oregon,
Washington.''.
(c) Number of Circuit Judges.--The table in section 44(a) of title
28, United States Code, is amended--
(1) by striking the item relating to the ninth circuit and
inserting the following new item:
``Ninth........................................................ 15'';
(2) by inserting between the last 2 items at the end
thereof the following new item:
``Twelfth...................................................... 13''.
(d) Places of Circuit Court.--The table in section 48 of title 28,
United States Code, is amended--
(1) by striking the item relating to the ninth circuit and
inserting the following new item:
``Ninth........................
San Francisco, Los Angeles.'';
and
(2) by inserting between the last 2 items at the end
thereof the following new item:
``Twelfth......................
Portland, Seattle, Phoenix.''.
(e) Assignment of Circuit Judges and Clerks of the Court.--Each
circuit judge in regular active service of the former ninth circuit
whose official station on the day before the effective date of this
section--
(1) is in California or Nevada is assigned as a circuit
judge on the new ninth circuit;
(2) is in Alaska, Arizona, Guam, Hawaii, Idaho, Montana,
Northern Mariana Islands, Oregon or Washington is assigned as a
circuit judge on the twelfth circuit; and
(3) two co-equal clerks of the court for the twelfth
circuit shall be located in two co-equal circuit seats which
shall be located in Phoenix, Arizona, and Seattle, Washington,
respectively.
(f) Election of Assignment by Senior Judges.--Each judge who is a
senior judge of the former ninth circuit on the day before the
effective date of this section may elect to be assigned to the new
ninth circuit or to the twelfth circuit and shall notify the Director
of the Administrative Office of the United States Courts of such
election.
(g) Seniority of Judges.--The seniority of each judge--
(1) who is assigned under subsection (e); or
(2) who elects to be assigned under subsection (f); shall
run from the date of commission of such judge as a judge of the
former ninth circuit.
(h) Application to Cases.--The provisions of the following
paragraphs of this subsection apply to any case in which, on the day
before the effective date of this section, an appeal or other
proceeding has been filed with the former ninth circuit:
(1) If the matter has been submitted for decision, further
proceedings in respect of the matter shall be had in the same
manner and with the same effect as if this section had not been
enacted.
(2) If the matter has not been submitted for decision, the
appeal or proceeding, together with the original papers,
printed records, and record entries duly certified, shall, by
appropriate orders, be transferred to the court to which it
would have gone had this section been in full force and effect
at the time such appeal was taken or other proceeding
commenced, and further proceedings in respect of the case shall
be had in the same manner and with the same effect as if the
appeal or other proceeding had been filed in such court.
(3) A petition for rehearing or a petition for rehearing en
banc in a matter decided before the effective date of this
section, or submitted before the effective date of this section
and decided on or after the effective date as provided in
paragraph (1) of this subsection, shall be treated in the same
manner and with the same effect as though this section had not
been enacted. If a petition for rehearing en banc is granted,
the matter shall be reheard by a court comprised as though this
section had not been enacted.
(i) Definitions.--For the purposes of this section, the term--
(1) ``former ninth circuit'' means the ninth judicial
circuit of the United States as in existence on the day before
the effective date of this section;
(2) ``new ninth circuit'' means the ninth judicial circuit
of the United States established by the amendment made by
subsection (b)(2);
(3) ``twelfth circuit'' means the twelfth judicial circuit
of the United States established by the amendment made by
subsection (b)(3).
(j) Administration.--The court of appeals for the ninth circuit as
constituted on the day before the effective date of this section may
take such administrative action as may be required to carry out this
section. Such court shall cease to exist for administrative purposes on
July 1, 1999.
(k) Effective Date.--This section and the amendments made by this
section shall become effective on October 1, 1997.
Sec. 306. Pursuant to section 140 of Public Law 97-92, justices and
judges of the United States are authorized during fiscal year 1998, to
receive a salary adjustment in accordance with 28 U.S.C. 461.
Sec. 307. Section 44(c) of title 28, United States Code, is amended
by adding at the end thereof the following sentence: ``In each circuit
(other than the Federal judicial circuit) there shall be at least one
circuit judge in regular active service appointed from the residents of
each state in that circuit.''.
This title may be cited as ``The Judiciary Appropriations Act,
1998''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, including expenses authorized by
the State Department Basic Authorities Act of 1956, as amended;
representation to certain international organizations in which the
United States participates pursuant to treaties, ratified pursuant to
the advice and consent of the Senate, or specific Acts of Congress;
acquisition by exchange or purchase of passenger motor vehicles as
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and 22 U.S.C. 2674; and
for expenses of general administration; $1,727,868,000: Provided, That
of the amount made available under this heading, not to exceed
$4,000,000 may be transferred to, and merged with funds in, the
``Emergencies in the Diplomatic and Consular Service'' appropriations
account, to be available only for emergency evacuations and terrorism
rewards: Provided further, That of the amount made available under this
heading, not to exceed $125,000 shall be available only for the Maui
Pacific Center: Provided further, That notwithstanding section
140(a)(5), and the second sentence of section 140(a)(3), of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236), fees may be collected during fiscal year 1998 and each fiscal
year thereafter under the authority of section 140(a)(1) of that Act:
Provided further, That all fees collected under the preceding proviso
shall be deposited as an offsetting collection to appropriations made
under this heading to recover the costs of providing consular services
and shall remain available until expended.
In addition, not to exceed $700,000 in registration fees collected
pursuant to section 38 of the Arms Export Control Act, as amended, may
be used in accordance with section 45 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2717); and in addition not to exceed
$1,252,000 shall be derived from fees collected from other executive
agencies for lease or use of facilities located at the International
Center in accordance with section 4 of the International Center Act
(Public Law 90-553), as amended, and in addition, as authorized by
section 5 of such Act $490,000, to be derived from the reserve
authorized by that section, to be used for the purposes set out in that
section; and in addition not to exceed $15,000 which shall be derived
from reimbursements, surcharges, and fees for use of Blair House
facilities in accordance with section 46 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to exceed 20 percent
of the amounts made available in this Act in the appropriation accounts
``Diplomatic and Consular Programs'' and ``Salaries and Expenses''
under the heading ``Administration of Foreign Affairs'' may be
transferred between such appropriation accounts: Provided, That any
transfer pursuant to this sentence shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
salaries and expenses
For expenses necessary for the general administration of the
Department of State and the Foreign Service, provided for by law,
including expenses authorized by section 9 of the Act of August 31,
1964, as amended (31 U.S.C. 3721), and the State Department Basic
Authorities Act of 1956, as amended, $363,513,000.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$105,000,000, to remain available until expended, as authorized in
Public Law 103-236: Provided, That section 135(e) of Public Law 103-236
shall not apply to funds available under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App.), $27,495,000, notwithstanding section 209(a)(1)
of the Foreign Service Act of 1980, as amended (Public Law 96-465), as
it relates to post inspections.
representation allowances
For representation allowances as authorized by section 905 of the
Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $4,100,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services in accordance
with the provisions of section 214 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $7,900,000,
to remain available until September 30, 1999.
security and maintenance of united states missions
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300), and the
Diplomatic Security Construction Program as authorized by title IV of
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4851), $420,281,000, to remain available until expended as
authorized by section 24(c) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2696(c)): Provided, That none of the funds
appropriated in this paragraph shall be available for acquisition of
furniture and furnishings and generators for other departments and
agencies.
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
pursuant to the requirement of 31 U.S.C. 3526(e), $5,500,000, to remain
available until expended as authorized by section 24(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)), of which
not to exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms and
conditions.
repatriation loans program account
For the cost of direct loans, $593,000, as authorized by section 4
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671):
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974. In addition, for administrative expenses necessary to carry out
the direct loan program, $607,000 which may be transferred to and
merged with the Salaries and Expenses account under Administration of
Foreign Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act,
Public Law 96-8 (93 Stat. 14), $14,490,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $129,935,000.
International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $957,009,000, of
which not to exceed $54,000,000 shall remain available until expended
for payment of arreages owed the United Nations: Provided, That any
payment of arrearages shall be directed toward special activities that
are mutually agreed upon by the United States and the respective
international organization: Provided further, That none of the funds
appropriated or otherwise made available by this Act for
``Contributions to International Organizations'', including payment of
arrearages owed to the United Nations, may be obligated or expended
unless such obligation or expenditure is expressly authorized by the
enactment of the Foreign Affairs Reform and Restructuring Act of 1997:
Provided further, That notwithstanding section 402 of this Act, not to
exceed $10,000,000 may be transferred from the funds made available
under this heading to the ``International Conferences and
Contingencies'' account for assessed contributions to new or
provisional international organizations or for travel expenses of
official delegates to international conferences: Provided further, That
any transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security $200,320,000, of which
not to exceed $46,000,000 shall remain available until expended for
payment of arrearages: Provided, That none of the funds appropriated or
otherwise made available by this Act for ``Contributions for
International Peacekeeping Activities'', including payment of
arrearages, may be obligated or expended unless such obligation or
expenditure is expressly authorized by the enactment of the Foreign
Affairs Reform and Restructuring Act of 1997.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $10,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $18,200,000.
construction
For detailed plan preparation and construction of authorized
projects, $6,463,000, to remain available until expended, as authorized
by section 24(c) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2696(c)).
american sections, international commissions
For necessary expenses, not otherwise provided for the
International Joint Commission and the international Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for the Border
Environment Cooperation Commission as authorized by Public Law 103-182;
$5,010,000, of which not to exceed $9,900 shall be available for
representation expenses incurred by the International Joint Commission:
Provided, That of the amount made available under this heading, not to
exceed $40,000 shall be available only for the Bering Straits
Commission.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, $14,549,000: Provided, That the United States'
share of such expenses may be advanced to the respective commissions,
pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by section 501 of
Public Law 101-246, $5,000,000, to remain available until expended, as
authorized by section 24(c) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2696(c)).
RELATED AGENCIES
Arms Control and Disarmament Agency
arms control and disarmament activities
For necessary expenses not otherwise provided for arms control,
nonproliferation, and disarmament activities, $32,613,000 of which not
to exceed $50,000 shall be for official reception and representation
expenses as authorized by the Act of September 26, 1961, as amended (22
U.S.C. 2551 et seq.).
United States Information Agency
international information programs
For expenses, not otherwise provided for, necessary to enable the
United States Information Agency, as authorized by the Mutual
Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C.
2451 et seq.), the United States Information and Educational Exchange
Act of 1948, as amended (22 U.S.C. 1431 et seq.), and Reorganization
Plan No. 2 of 1977 (91 Stat. 1636), to carry out international
communication, educational and cultural activities; and to carry out
related activities authorized by law, including employment, without
regard to civil service and classification laws, of persons on a
temporary basis (not to exceed $700,000 of this appropriation), as
authorized by section 801 of such Act of 1948 (22 U.S.C. 1471), and
entertainment, including official receptions, within the United States,
not to exceed $25,000 as authorized by section 804(3) of such Act of
1948 (22 U.S.C. 1474(3)); $427,097,000: Provided, That not to exceed
$1,400,000 may be used for representation abroad as authorized by
section 302 of such Act of 1948 (22 U.S.C. 1452) and section 905 of the
Foreign Service Act of 1980 (22 U.S.C. 4085): Provided further, That
not to exceed $6,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments received
from or in connection with English teaching, library, motion pictures,
and publication programs as authorized by section 810 of such Act of
1948 (22 U.S.C. 1475e) and, notwithstanding any other law, fees from
student advising and counseling: Provided further, That not to exceed
$920,000 to remain available until expended may be used to carry out
projects involving security construction and related improvements for
agency facilities not physically located together with Department of
State facilities abroad.
technology fund
For expenses necessary to enable the United States Information
Agency to provide for the procurement of information technology
improvements, as authorized by the United States Information and
Educational Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.),
the Mutual Educational and Cultural Exchange Act of 1961, as amended
(22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91
Stat. 1636), $10,000,000, to remain available until expended.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized by the Mutual Educational and Cultural Exchange Act of 1961,
as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of
1977 (91 Stat. 1636), $200,000,000, to remain available until expended
as authorized by section 105 of such Act of 1961 (22 U.S.C. 2455):
Provided, That not to exceed $500,000, to remain available until
expended, may be credited to this appropriation from fees or other
payments received from or in connection with English teaching and
publication programs as authorized by section 810 of the United States
Information and Educational Exchange Act of 1948 (22 U.S.C. 1475a).
eisenhower exchange fellowship program trust fund
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 1998, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit Organizations),
including the restrictions on compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September
30, 1998, to remain available until expended.
international broadcasting operations
For expenses necessary to enable the United States Information
Agency, as authorized by the United States Information and Educational
Exchange Act of 1948, as amended, the United States International
Broadcasting Act of 1994, as amended, and Reorganization Plan No. 2 of
1977, to carry out international communication activities;
$339,655,000, of which not to exceed $10,000,000 shall be available
only on a dollar-for-dollar basis when matched with the proceeds of
sales of advertising air time, of which not to exceed $16,000 may be
used for official receptions within the United States as authorized by
section 804(3) of such Act of 1948 (22 U.S.C. 1747(3)), not to exceed
$35,000 may be used for representation abroad as authorized by section
302 of such Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign
Service Act of 1980 (22 U.S.C. 4085), and not to exceed $39,000 may be
used for official reception and representation expenses of Radio Free
Europe/Radio Liberty; and in addition, not to exceed $250,000 from fees
as authorized by section 810 of such Act of 1948 (22 U.S.C. 1475e), to
remain available until expended for carrying out authorized purposes;
and in addition, notwithstanding any other provision of law, not to
exceed $1,000,000 in monies received (including receipts from
advertising, if any) by or for the use of the United States Information
Agency from or in connection with broadcasting resources owned by or on
behalf of the Agency, to be available until expended for carrying out
authorized purposes.
broadcasting to cuba
For expenses necessary to enable the United States Information
Agency to carry out the Radio Broadcasting to Cuba Act, as amended, the
Television Broadcasting to Cuba Act, and the International Broadcasting
Act of 1994, including the purchase, rent, construction, and
improvement of facilities for radio and television transmission and
reception, and purchase and installation of necessary equipment for
radio and television transmission and reception, $22,095,000, to remain
available until expended.
radio construction
For the purchase, rent, construction, and improvement of facilities
for radio transmission and reception, and purchase and installation of
necessary equipment for radio and television transmission and reception
as authorized by section 801 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1471), $32,710,000, to
remain available until expended, as authorized by section 704(a) of
such Act of 1948 (22 U.S.C. 1477b(a)).
east-west center
To enable the Director of the United States Information Agency to
provide for carrying out the provisions of the Center for Cultural and
Technical Interchange Between East and West Act of 1960 (22 U.S.C.
2054-2057), by grant to the Center for Cultural and Technical
Interchange Between East and West in the State of Hawaii, $22,000,000:
Provided, That none of the funds appropriated herein shall be used to
pay any salary, or enter into any contract providing for the payment
thereof, in excess of the rate authorized by 5 U.S.C. 5376.
north/south center
To enable the Director of the United States Information Agency to
provide for carrying out the provisions of the North/South Center Act
of 1991 (22 U.S.C. 2075), by grant to an educational institution in
Florida known as the North/South Center, $3,000,000, to remain
available until expended.
General Provisions--Department of State and Related Agencies
Sec. 401. Funds appropriated under this title shall be available,
except as otherwise provided for allowances and differentials as
authorized by subchapter 59 of 5 U.S.C.; for services as authorized by
5 U.S.C. 3109; and hire of passenger transportation pursuant to 31
U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State in
this Act may be transferred between such appropriations, but no such
appropriations, except as otherwise specifically provided shall be
increased by more than 10 percent by any such transfers: Provided, That
not to exceed 5 percent of any appropriation made available for the
current fiscal year for the United States Information Agency in this
Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided shall be
increased by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. Funds hereafter appropriated or otherwise made available
under this Act or any other Act may be expended for compensation of the
United States Commissioner of the International Boundary Commission,
United States and Canada, only for actual hours worked by such
Commissioner.
Sec. 404. Any costs incurred by a Department or agency funded under
this title resulting from personnel actions taken in response to
funding reductions included in this title shall be absorbed within the
total budgetary resources available to such Department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated
as a reprogramming of funds under section 605 of this Act and shall not
be available for obligation or expenditure except in compliance with
the procedures set forth in that section.
Sec. 405. None of the funds appropriated or otherwise made
available by this Act or any other Act for fiscal year 1998 or any
fiscal year thereafter may be obligated or expended to pay for any cost
incurred in--
(1) opening or operating any United States diplomatic or
consular post in the Socialist Republic of Vietnam that was not
operating on July 11, 1995;
(2) expanding any United States diplomatic or consular post
in the Socialist Republic of Vietnam that was operating as of
July 11, 1995; or
(3) increasing the total number of personnel assigned to
United States diplomatic or consular posts in the Socialist
Republic of Vietnam in excess of the total number of personnel
assigned to the posts as of July 11, 1995, unless the President
certifies within 60 days of the beginning of each fiscal year
the following:
(A) Based upon a formal assessment of all
information available to the United States Government,
the Government of the Socialist Republic of Vietnam is
fully cooperating with the United States in the
following:
(i) Resolving discrepancy cases, live
sightings, and field activities.
(ii) Recovering and repatriating American
remains.
(iii) Accelerating efforts to provide
documents that will help lead to fullest
possible accounting of prisoners of war and
missing in action.
(iv) Providing further assistance in
implementing trilateral investigations with
Laos.
(B) The remains, artifacts, eyewitness accounts,
archival material, and other evidence associated with
prisoners of war and missing in action recovered from
crash sites, military actions, and other locations in
Southeast Asia are being thoroughly analyzed by the
appropriate laboratories with the intent of providing
surviving relatives with scientifically defensible,
legal determinations of death or other accountability
that are fully documented and available in unclassified
and unredacted form to immediate family members.
Sec. 406. (a)(1) For purposes of implementing the International
Cooperative Administrative Support Services program in fiscal year
1998, the amounts referred to in paragraph (2) shall be transferred in
accordance with the provisions of subsection (b).
(2) Paragraph (1) applies to amounts made available by title IV of
this Act under the heading ``Administration of Foreign Affairs'' as
follows:
(A) $108,932,000 of the amount made available under the
paragraph ``Diplomatic and Consular Programs''.
(B) $3,530,000 of the amount made available under the
paragraph ``Security and Maintenance of United States
Missions''.
(b) Funds transferred pursuant to subsection (a) shall be
transferred to the specified appropriation, allocated to the specified
account or accounts in the specified amount, be merged with funds in
such account or accounts that are available for administrative support
expenses of overseas activities, and be available for the same
purposes, and subject to the same terms and conditions, as the funds
with which merged, as follows:
(1) Appropriations for the Legislative Branch--
(A) for the Library of Congress, for salaries and
expenses, $500,000; and
(B) for the General Accounting Office, for salaries
and expenses, $12,000.
(2) Appropriations for the Office of the United States
Trade Representative, for salaries and expenses, $302,000.
(3) Appropriations for the Department of Commerce, for the
International Trade Administration, for operations and
administration, $7,055,000.
(4) Appropriations for the Department of Justice--
(A) for legal activities--
(i) for general legal activities, for
salaries and expenses, $194,000; and
(ii) for the United States Marshals
Service, for salaries and expenses, $2,000;
(B) for the Federal Bureau of Investigation, for
salaries and expenses, $2,477,000;
(C) for the Drug Enforcement Administration, for
salaries and expenses, $6,356,000; and
(D) for the Immigration and Naturalization Service,
for salaries and expenses, $1,313,000.
(5) Appropriations for the United States Information
Agency, for international information programs, $25,047,000.
(6) Appropriations for the Arms Control and Disarmament
Agency, for arms control and disarmament activities,
$1,247,000.
(7) Appropriations to the President--
(A) for the Foreign Military Financing Program, for
administrative costs, $6,660,000;
(B) for the Economic Support Fund, $336,000;
(C) for the Agency for International Development--
(i) for operating expenses, $6,008,000;
(ii) for the Urban and Environmental Credit
Program, $54,000;
(iii) for the Development Assistance Fund,
$124,000;
(iv) for the Development Fund for Africa,
$526,000;
(v) for assistance for the new independent
states of the former Soviet Union, $818,000;
(vi) for assistance for Eastern Europe and
the Baltic States, $283,000; and
(vii) for international disaster
assistance, $306,000;
(D) for the Peace Corps, $3,672,000; and
(E) for the Department of State--
(i) for international narcotics control,
$1,117,000; and,
(ii) for migration and refugee assistance,
$394,000.
(8) Appropriations for the Department of Defense--
(A) for operation and maintenance--
(i) for operation and maintenance, Army,
$4,394,000;
(ii) for operation and maintenance, Navy,
$1,824,000;
(iii) for operation and maintenance, Air
Force, $1,603,000; and
(iv) for operation and maintenance,
Defense-Wide, $21,993,000; and
(B) for procurement, for other procurement, Air
Force, $4,211,000.
(9) Appropriations for the American Battle Monuments
Commission, for salaries and expenses, $210,000.
(10) Appropriations for the Department of Agriculture--
(A) for the Animal and Plant Health Inspection
Service, for salaries and expenses, $932,000;
(B) for the Foreign Agricultural Service and
General Sales Manager, $4,521,000; and
(C) for the Agricultural Research Service, $16,000.
(11) Appropriations for the Department of Treasury--
(A) for the United States Customs Service, for
salaries and expenses, $2,002,000;
(B) for departmental offices, for salaries and
expenses, $804,000;
(C) for the Internal Revenue Service, for tax law
enforcement, $662,000;
(D) for the Bureau of Alcohol, Tobacco, and
Firearms, for salaries and expenses, $17,000;
(E) for the United States Secret Service, for
salaries and expenses, $617,000; and
(F) for the Comptroller of the Currency, for
assessment funds, $29,000.
(12) Appropriations for the Department of Transportation--
(A) for the Federal Aviation Administration, for
operations, $1,594,000; and
(B) for the Coast Guard, for operating expenses,
$65,000.
(13) Appropriations for the Department of Labor, for
departmental management, for salaries and expenses, $58,000.
(14) Appropriations for the Department of Health and Human
Services--
(A) for the National Institutes of Health, for the
National Cancer Institute, $42,000;
(B) for the Office of the Secretary, for general
departmental management, $71,000; and
(C) for the Centers for Disease Control and
Prevention, for disease control, research, and
training, $522,000.
(15) Appropriations for the Social Security Administration,
for administrative expenses, $370,000.
(16) Appropriations for the Department of the Interior--
(A) for the United States Fish and Wildlife
Service, for resource management, $12,000;
(B) for the United States Geological Survey, for
surveys, investigations, and research, $80,000; and
(C) for the Bureau of Reclamation, for water and
related resources, $101,000.
(17) Appropriations for the Department of Veterans Affairs,
for departmental administration, for general operating
expenses, $453,000.
(18) Appropriations for the National Aeronautics and Space
Administration, for mission support, $183,000.
(19) Appropriations for the National Science Foundation,
for research and related activities, $39,000.
(20) Appropriations for the Federal Emergency Management
Agency, for salaries and expenses, $4,000.
(21) Appropriations for the Department of Energy--
(A) for departmental administration, $150,000; and
(B) for atomic energy defense activities, for other
defense activities, $54,000.
(22) Appropriations for the Nuclear Regulatory Commission,
for salaries and expenses, $26,000.
Sec. 407. 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,
$30,000,000, to remain available until expended. The language on page
115, line 20 to wit, ``$105,000,000'' is deemed to be ``$75,000,000''.
This shall become effective one day after enactment of this Act.
Sec. 408. Sense of the Senate Regarding the Exemplary Service of
John H.R. Berg to the United States. (a) Findings.--
(1) John H.R. Berg began his service to the United States
Government working for the United States Army at the age of
fifteen after fleeing Nazi persecution in Germany where his
father died in the Auschwitz concentration camp; and
(2) John H.R. Berg's dedication to the United States
Government was further exhibited by his desire to become a
United States citizen, a goal that was achieved in 1981, 35
years after he began his commendable service to the United
States; and
(3) Since 1949, John H.R. Berg has been employed by the
United States Embassy in Paris where he is currently the Chief
of the Visitor's and Travel Unit. And, this year has supported
over 10,700 official visitors, 500 conferences, and over 15,000
official and unofficial reservations; and
(4) John H.R. Berg's reputation for ``accomplishing the
impossible'' through his dedication, efficiency and knowledge
has become legend in the Foreign Service; and
(5) John H.R. Berg has just completed 50 years of
outstanding service to the United States Government with the
United States Department of State.
(b) Sense of Senate.--Therefore it is the sense of the Senate that
John H.R. Berg deserves the highest praise from the Congress for his
steadfast devotion, caring leadership, and lifetime of service to the
United States Government.
Sec. 409. Not to exceed $2,000,000 may be made available for the
1999 Women's World Cup Organizing Committee cultural exchange and
exchange related activities associated with the 1999 Women's World Cup.
Sec. 410. Notwithstanding any other provision in this Act the
amount for the Department of State ``capital investment fund'' shall be
$105,000,000.
This title may be cited as the ``Department of State and Related
Agencies Appropriations Act, 1998''.
TITLE V--RELATED AGENCIES
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,
$135,000,000, to remain available until expended.
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $35,000,000, to remain available until expended: Provided, That
these funds will be available only upon enactment of an authorization
for this program.
operations and training
For necessary expenses of operations and training activities
authorized by law, $69,000,000: 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
in addition to any amount heretofore appropriated.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the Merchant
Marine Act, 1936, $29,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $1,000,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $4,000,000, which shall be
transferred to and merged with the appropriation for Operations and
Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration, and payments received therefor shall be credited to the
appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year
from the construction fund established by the Merchant Marine Act,
1936, or otherwise, in excess of the appropriations and limitations
contained in this Act or in any prior appropriation Act, and all
receipts which otherwise would be deposited to the credit of said fund
shall be covered into the Treasury as miscellaneous receipts.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of America's
Heritage Abroad, $206,000, as authorized by Public Law 99-83, section
1303.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $8,740,000: Provided, That not to
exceed $50,000 may be used to employ consultants: Provided further,
That none of the funds appropriated in this paragraph shall be used to
employ in excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than
75 billable days, with the exception of the Chairperson who is
permitted 125 billable days.
Commission on Immigration Reform
salaries and expenses
For necessary expenses of the Commission on Immigration Reform
pursuant to section 141(f) of the Immigration Act of 1990, $459,000 to
remain available until expended.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304, $1,090,000,
to remain available until expended as authorized by section 3 of Public
Law 99-7.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
as amended (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to
private citizens; not to exceed $27,500,000, for payments to State and
local enforcement agencies for services to the Commission pursuant to
title VII of the Civil Rights Act of 1964, as amended, sections 6 and
14 of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991;
$242,000,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from available funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-02; not to exceed $600,000 for land and
structure; not to exceed $500,000 for improvement and care of grounds
and repair to buildings; not to exceed $4,000 for official reception
and representation expenses; purchase (not to exceed sixteen) and hire
of motor vehicles; special counsel fees; and services as authorized by
5 U.S.C. 3109; $185,949,000, of which not to exceed $300,000 shall
remain available until September 30, 1998, for research and policy
studies: Provided, That $162,523,000 of offsetting collections shall be
assessed and collected pursuant to section 9 of title I of the
Communications Act of 1934, as amended, and shall be retained and used
for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced as such offsetting collections are
received during fiscal year 1998 so as to result in a final fiscal year
1998 appropriation estimated at $23,426,000: Provided further, That any
offsetting collections received in excess of $162,523,000 in fiscal
year 1998 shall remain available until expended, but shall not be
available for obligation until October 1, 1998.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act of 1936, as
amended (46 App. U.S.C. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-02; $14,300,000: Provided, That not to exceed $2,000 shall
be available for official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade 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; $108,000,000: Provided, That not to exceed
$300,000 shall be available for use to contract with a person or
persons for collection services in accordance with the terms of 31
U.S.C. 3718, as amended: Provided further, That notwithstanding any
other provision of law, not to exceed $70,000,000 of offsetting
collections derived from fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976
(15 U.S.C. 18(a)) shall be retained and used for necessary expenses in
this appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the General Fund shall
be reduced as such offsetting collections are received during fiscal
year 1997, so as to result in a final fiscal year 1997 appropriation
from the General Fund estimated at not more than $28,000,000, to remain
available until expended: that not more than $10,000,000 shall be
available from prior year unobligated fee collections: Provided
further, That any fees received in excess of $70,000,000 in fiscal year
1998 shall remain available until expended, but shall not be available
for obligation until October 1, 1998: Provided further, That none of
the funds made available to the Federal Trade Commission shall be
available for obligation for expenses authorized by section 151 of the
Federal Deposit Insurance Corporation Improvement Act of 1991 (Public
Law 102-242, 105 Stat. 2282-2285): Provided further, That, for a period
of one year, none of the funds made available to the Federal Trade
Commission shall be spent on an administrative proceeding concerning
the merger of two hospitals where the Commission has already sought
injunctive relief under 15 U.S.C. 53(b), and prior to July 9, 1997, a
Court of Appeals has affirmed the denial of the injunctive relief
requested by the Commission unless further review overturns the
decision by the court of appeals.
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,
$300,000,000, of which $273,070,000 is for basic field programs and
required independent audits; $2,019,000 is for the Office of Inspector
General, of which such amounts as may be necessary may be used to
conduct additional audits of recipients; $7,911,000 is for management
and administration; and $17,000,000, to remain available until
expended, is for pro se legal education demonstration projects.
administrative provisions--legal services corporation
Sec. 501. (a) Continuation of Competitive Selection Process.--None
of the funds appropriated in this Act to the Legal Services Corporation
may be used to provide financial assistance to any person or entity
except through a competitive selection process conducted in accordance
with regulations promulgated by the Corporation in accordance with the
criteria set forth in subsections (c), (d), and (e) of section 503 of
Public Law 104-134 (110 Stat. 1321-52 et seq.).
(b) Inapplicability of Noncompetitive Procedures.--For purposes of
the funding provided in this Act, rights under sections 1007(a)(9) and
1011 of the Legal Services Corporation Act (42 U.S.C. 2996f(a)(9) and
42 U.S.C. 2996j) shall not apply.
(c) Additional Procedures.--If, during any term of a grant or
contract awarded to a recipient by the Legal Services Corporation under
the competitive selection process referred to in subsection (a) and
applicable Legal Services Corporation regulations, the Legal Services
Corporation finds, after notice and an opportunity for a hearing to the
recipient, that the recipient has failed to comply with any requirement
of the Legal Services Corporation Act (42 U.S.C. 2996 et seq.), this
Act, or any other applicable law relating to funding for the Legal
Services Corporation, the Legal Services Corporation may terminate the
grant or contract and institute a new competitive selection process for
the area served by the recipient, notwithstanding the terms of the
grant or contract of the recipient.
Sec. 502. (a) Continuation of Requirements and Restrictions.--None
of the funds appropriated in this Act to the Legal Services Corporation
shall be expended for any purpose prohibited or limited by, or contrary
to any of the provisions of--
(1) sections 501, 502, 505, 506, and 507 of Public Law 104-
134 (110 Stat. 1321-51 et seq.), and all funds appropriated in
this Act to the Legal Services Corporation shall be subject to
the same terms and conditions as set forth in such sections,
except that all references in such sections to 1995 and 1996
shall be deemed to refer instead to 1997 and 1998,
respectively; and
(2) section 504 of Public Law 104-134 (110 Stat. 1321-53 et
seq.), and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such section, except that--
(A) subsection (c) of such section 504 shall not
apply;
(B) paragraph (3) of section 508(b) of Public Law
104-134 (110 Stat. 1321-58) shall apply with respect to
the requirements of subsection (a)(13) of such section
504, except that all references in such section 508(b)
to the date of enactment shall be deemed to refer to
April 26, 1996; and
(C) subsection (a)(11) of such section 504 shall
not be construed to prohibit a recipient from using
funds derived from a source other than the Corporation
to provide related legal assistance to--
(i) an alien who has been battered or
subjected to extreme cruelty in the United
States by a spouse or a parent, or by a member
of the spouse's or parent's family residing in
the same household as the alien and the spouse
or parent consented or acquiesced to such
battery or cruelty; or
(ii) an alien whose child has been battered
or subjected to extreme cruelty in the United
States by a spouse or parent of the alien
(without the active participation of the alien
in the battery or extreme cruelty), or by a
member of the spouse's or parent's family
residing in the same household as the alien and
the spouse or parent consented or acquiesced to
such battery or cruelty, and the alien did not
actively participate in such battery or
cruelty.
(b) Definitions.--For purposes of subsection (a)(2)(C):
(1) The term ``battered or subjected to extreme cruelty''
has the meaning given such term under regulations issued
pursuant to subtitle G of the Violence Against Women Act of
1994 (Public Law 103-322; 108 Stat. 1953).
(2) The term ``related legal assistance'' means legal
assistance directly related to the prevention of, or obtaining
of relief from, the battery or cruelty described in such
subsection.
Sec. 503. (a) Continuation of Audit Requirements.--The requirements
of section 509 of Public Law 104-134 (110 Stat. 1321-58 et seq.), other
than subsection (l) of such section, shall apply during fiscal year
1998.
(b) Requirement of Annual Audit.--An annual audit of each person or
entity receiving financial assistance from the Legal Services
Corporation under this Act shall be conducted during fiscal year 1998
in accordance with the requirements referred to in subsection (a).
Sec. 504. (a) Debarment.--The Legal Services Corporation may debar
a recipient, on a showing of good cause, from receiving an additional
award of financial assistance from the Legal Services Corporation. Any
such action to debar a recipient shall be instituted after the Legal
Services Corporation provides notice and an opportunity for a hearing
to the recipient. The decision regarding the debarment shall not be
subject to Section 1011 of the Legal Services Corporation Act (42
U.S.C. 2996j).
(b) The Legal Services Corporation shall promulgate regulations to
implement this section.
(c) In this section, the term ``good cause'', used with respect to
debarment, includes--
(1) prior termination of the financial assistance of the
recipient, under part 1640 of title 45, Code of Federal
Regulations (or any similar corresponding regulation or
ruling);
(2) prior termination in whole, under part 1606 of title
45, Code of Federal Regulations (or any similar corresponding
regulation or ruling), of the most recent financial assistance
received by the recipient, prior to the date of the debarment
decision;
(3) substantial violation by the recipient of the statutory
or regulatory restrictions that prohibit recipients from using
financial assistance made available by the Legal Services
Corporation or other financial assistance for purposes
prohibited under the Legal Services Corporation Act (42 U.S.C.
2996 et seq.) or for involvement in any activity prohibited by,
or inconsistent with, section 504 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1996, section 502(a)(2) of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1997, or section 502(a)(2)
of this title;
(4) knowing entry by the recipient into a subgrant,
subcontract, or other agreement with an entity that had been
debarred by the Corporation; or
(5) the filing of a lawsuit by the recipient, on behalf of
the recipient, as part of any program receiving any federal
funds, naming the Legal Services Corporation, or any agency or
employee of a federal, state, or local government, as a
defendant.
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, $1,240,000.
Gambling Impact Study Commission
salaries and expenses
For necessary expenses of the National Gambling Impact Study
Commission, $1,000,000, to remain available until expended: Provided,
That funds made available for this purpose shall be taken from funds
made available on page 22, line 16.
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, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,000 for official reception and
representation expenses, $285,412,000, of which not to exceed $10,000
may be used toward funding a permanent secretariat for the
International Organization of Securities Commissions, and of which not
to exceed $100,000 shall be available for expenses for consultations
and meetings hosted by the Commission with foreign governmental and
other regulatory officials, members of their delegations, appropriate
representatives and staff to exchange views concerning developments
relating to securities matters, development and implementation of
cooperation agreements concerning securities matters and provision of
technical assistance for the development of foreign securities markets,
such expenses to include necessary logistic and administrative expenses
and the expenses of Commission staff and foreign invitees in attendance
at such consultations and meetings including: (1) such incidental
expenses as meals taken in the course of such attendance, (2) any
travel and transportation to or from such meetings, and (3) any other
related lodging or subsistance: Provided, That fees and charges
authorized by section 6(b)(4) of the Securities Act of 1933 (15 U.S.C.
77f(b)(4)) and 31(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78ee(d)) shall be credited to this account as offsetting collections:
Provided further, That not to exceed $249,523,000 of such offsetting
collections shall be available until expended for necessary expenses of
this account: Provided further, That the total amount appropriated from
the General Fund for fiscal year 1998 under this heading shall be
reduced as all such offsetting collections are deposited to this
appropriation so as to result in a final total fiscal year 1998
appropriation from the General Fund estimated at no more than
$35,889,000.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 103-403, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and
representation expenses, $246,100,000, of which $16,500,000 shall be
available to fund technical assistance grants in fiscal year 1998 as
authorized by section 7(m) of the Small Business Act, as amended:
Provided, That the Administrator is authorized to charge fees to cover
the cost of publications developed by the Small Business
Administration, and certain loan servicing activities: Provided
further, That notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to be available
for carrying out these purposes without further appropriations:
Provided further, That $75,800,000 shall be available to fund grants
for performance in fiscal year 1997 or fiscal year 1998 as authorized
by section 21 of the Small Business Act, as amended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App. 1-11, as amended by Public Law 100-504),
$10,600,000.
business loans program account
For the cost of guaranteed loans, $181,232,000, as authorized by 15
U.S.C. 631 note: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That during fiscal
year 1998, commitments to guarantee loans under section 503 of the
Small Business Investment Act of 1958, as amended, shall not exceed the
amount of financings authorized under section 20(n)(2)(B) of the Small
Business Act, as amended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $94,000,000, which may be transferred to
and merged with the appropriations for Salaries and Expenses.
disaster loans program account
For administrative expenses to carry out the direct loan program,
as authorized by section 7(b) of the Small Business Act, as amended,
$173,200,000, including not to exceed $500,000 for the Office of
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan program, and said sums
may be transferred to and merged with appropriations for Salaries and
Expenses and Office of Inspector General.
surety bond guarantees revolving fund
For additional capital for the ``Surety Bond Guarantees Revolving
Fund'', authorized by the Small Business Investment Act, as amended,
$3,500,000, to remain available without fiscal year limitation as
authorized by 15 U.S.C. 631 note.
administrative provision--small business administration
Sec. 505. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of 1992
(Public Law 102-572 (106 Stat. 4515-4516)), $13,550,000, to remain
available until expended: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through 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. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 1997, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds which (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases funds or
personnel by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or employees; (5)
reorganizes offices, programs, or activities; or (6) contracts out or
privatizes 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 reprogramming of
funds.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 1997, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing 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 reprogramming of funds.
Sec. 606. None of the funds made available in this Act may be used
for the construction, repair (other than emergency repair), overhaul,
conversion, or modernization of vessels for the National Oceanic and
Atmospheric Administration in shipyards located outside of the United
States.
Sec. 607. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 608. None of the funds made available in this Act may be used
to implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based on
religion, when it is made known to the Federal entity or official to
which such funds are made available that such guidelines do not differ
in any respect from the proposed guidelines published by the Commission
on October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds made available in this Act shall be
used to provide the following amenities or personal comforts in the
Federal prison system--
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC-17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or
training equipment for boxing, wrestling, judo, karate, or
other martial art, or any bodybuilding or weightlifting
equipment of any sort;
(4) possession of in-cell coffee pots, hot plates or
heating elements; or
(5) the use or possession of any electric or electronic
musical instrument.
Sec. 610. Any costs incurred by a Department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such Department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
Sec. 611. None of the funds made available in this Act to the
Federal Bureau of Prisons may be used to distribute or make available
any commercially published information or material to a prisoner when
it is made known to the Federal official having authority to obligate
or expend such funds that such information or material is sexually
explicit or features nudity.
Sec. 612. The second proviso of the second paragraph under the
heading ``office of the chief signal officer.'' in the Act entitled
``An Act Making appropriations for the support of the Regular and
Volunteer Army for the fiscal year ending June thirtieth, nineteen
hundred and one'', approved May 26, 1900 (31 Stat. 206; chapter 586; 47
U.S.C. 17), is repealed.
Sec. 613. Exclusion From the United States of Aliens Who Have Been
Involved in Extrajudicial and Political Killings in Haiti. (a) Grounds
for Exclusion.--None of the funds appropriated or otherwise made
available in this Act shall be used to issue visas to any person who--
(1) has been credibly alleged to have ordered, carried out,
or materially assisted in the extrajudicial and political
killings of Antoine Izmery, Guy Malary, Father Jean-Marie
Vincent, Pastor Antoine Leroy, Jacques Fleurival, Mireille
Durocher Bertin, Eugene Baillergeau, Michelange Hermann, Max
Mayard, Romulus Dumarsais, Claude Yves Marie, Mario Beaubrun,
Leslie Grimar, Joseph Chilove, Michel Gonzalez, and Jean-Hubert
Feuille;
(2) has been included in the list presented to former
President Jean-Bertrand Aristide by former National Security
Council Advisor Anthony Lake in December 1995, and acted upon
by President Rene Preval;
(3) was a member of the Haitian presidential security unit
who has been credibly alleged to have ordered, carried out, or
materially assisted in the extrajudicial and political killings
of Pastor Antoine Leroy and Jacques Fleurival, or who was
suspended by President Preval for his involvement in or
knowledge of the Leroy and Fleurival killings on August 20,
1996;
(4) was sought for an interview by the Federal Bureau of
Investigation as part of its inquiry into the March 28, 1995,
murder of Mireille Durocher Bertin and Eugene Baillergeau, Jr.,
and was credibly alleged to have ordered, carried out, or
materially assisted in those murders, per a June 28, 1995,
letter to the then Minister of Justice of the Government of
Haiti, Jean-Joseph Exume;
(5) was a member of the Haitian High Command during the
period 1991 through 1994, and has been credibly alleged to have
planned, ordered, or participated with members of the Haitian
Armed Forces in--
(A) the September 1991 coup against any person who
was a duly elected government official of Haiti (or a
member of the family of such official), or
(B) the murders of thousands of Haitians during the
period 1991 through 1994; or
(6) has been credibly alleged to have been a member of the
paramilitary organization known as FRAPH who planned, ordered,
or participated in acts of violence against the Haitian people.
(b) Exemption.--Subsection (a) shall not apply if the Secretary of
State finds, on a case-by-case basis, that the entry into the United
States of a person who would otherwise be excluded under this section
is necessary for medical reasons or such person has cooperated fully
with the investigation of these political murders. If the Secretary of
State exempts any such person, the Secretary shall notify the
appropriate congressional committees in writing.
(c) Reporting Requirement.--(1) The United States chief of mission
in Haiti shall provide the Secretary of State a list of those who have
been credibly alleged to have ordered or carried out the extrajudicial
and political killings mentioned in paragraph (1) of subsection (a).
(2) The Secretary of State shall submit the list provided under
paragraph (1) to the appropriate congressional committees not later
than 3 months after the date of enactment of this Act.
(3) The Secretary of State shall submit to the appropriate
congressional committees a list of aliens denied visas, and the
Attorney General shall submit to the appropriate congressional
committees a list of aliens refused entry to the United States as a
result of this provision.
(4) The Secretary of State shall submit a report under this
subsection not later than 6 months after the date of enactment of this
Act and not later than March 1 of each year thereafter as long as the
Government of Haiti has not completed the investigation of the
extrajudicial and political killings and has not prosecuted those
implicated for the killings specified in paragraph (1) of subsection
(a).
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means the Committee on International
Relations of the House of Representatives and the Committee on Foreign
Relations of the Senate.
Sec. 614. Sense of the Senate That the Federal Government Should
Not Manipulate Universal Service Support Payments to Balance the
Federal Budget. (a) Findings.--The Congress finds that--
(1) it reaffirmed the importance of universal service
support for telecommunications services by passing the
Telecommunications Act of 1996;
(2) the Telecommunications Act of 1996 required the Federal
Communications Commission to preserve and advance universal
service based on the following principles:
(A) Quality services should be available at just,
reasonable, and affordable rates.
(B) Access to advanced telecommunications and
information services should be provided in all regions
of the Nation.
(C) Consumers in all regions of the Nation,
including low-income consumers and those in rural,
insular, and high cost areas, should have access to
telecommunications and information services, including
interexchange services and advanced telecommunications
and information services, that are reasonably
comparable to those services provided in urban areas
and that are available at rates that are reasonably
comparable to rates charged for similar services.
(D) All providers of telecommunications services
should make an equitable and nondiscriminatory
contribution to the preservation and advancement of
universal service.
(E) There should be specific, predictable, and
sufficient Federal and State mechanisms to preserve and
advance universal service.
(F) Elementary and secondary schools and
classrooms, health care providers, and libraries should
have access to advanced telecommunications services.
(3) Federal and State universal contributions are
administered by an independent, non-Federal entity and are not
deposited into the Federal Treasury and therefore not available
for Federal appropriations.
(4) The Conference Committee on the Balanced Budget
Reconciliation Act of 1997, is considering proposals that would
withhold Federal universal service funds in the year 2002.
(5) The withholding of billions of dollars of universal
service support payments may result in temporary rate increases
in rural and high cost areas and may delay qualifying schools,
libraries, and rural health facilities discounts directed under
the Telecommunications Act of 1996.
(b) Sense of the Senate.--Therefore, it is the sense of the Senate
that the Balanced Budget Reconciliation Act of 1997 should not
manipulate, modify, or impair universal service support as a means to
achieve a balanced Federal budget or to achieve Federal budget savings.
Sec. 615. For fiscal year 1998 and subsequent fiscal years, in
establishing the income or assets of an individual who is a victim of
domestic violence, under section 1007(a)(2) of the Legal Services
Corporation Act (42 U.S.C. 2996f(a)(2)), to determine if the individual
is eligible for legal assistance, a recipient described in such section
shall consider only the assets and income of the individual, and shall
not include any jointly held assets.
Sec. 616. The Legal Services Corporation shall--
(1) conduct a study to determine the estimated number of
individuals who were unable to obtain assistance from its
grantees as a result of the enactment of section 504(a)(16) of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1996 (Public Law 104-
134; 110 Stat. 1321-55), during the six month period commencing
with the enactment of this Act; and
(2) not later than 30 days thereafter, submit to Congress a
report describing the results of the study conducted under
paragraph (1).
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
working capital fund
(rescission)
Of the unobligated balances available under this heading on
September 30, 1997, $30,310,000 are rescinded.
This Act may be cited as the ``Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
1998''.
Attest:
Secretary.
105th CONGRESS
1st Session
H. R. 2267
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