[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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                               AMENDMENT

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