[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4276 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                       August 31, 1998.
      Resolved, That the bill from the House of Representatives (H.R. 
4276) 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, 1999, 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, 1999, 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, $76,199,000, 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: Provided further, That not to exceed 39 permanent 
positions and 39 full-time equivalent workyears and $4,660,000 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 non-reimbursable basis or any other type of 
formal or informal transfer or reimbursement of personnel or funds on 
either a temporary or long-term basis: Provided further, That the 
Attorney General is authorized to transfer, under such terms and 
conditions as the Attorney General shall specify, forfeited real or 
personal property of limited or marginal value, as such value is 
determined by guidelines established by the Attorney General, to a 
State or local government agency, or its designated contractor or 
transferee, for use to support drug abuse treatment, drug and crime 
prevention and education, housing, job skills, and other community-
based public health and safety programs: Provided further, That any 
transfer under the preceding proviso shall not create or confer any 
private right of action in any person against the United States, and 
shall be treated as a reprogramming under section 605 of this Act.

                     joint automated booking system

    For expenses necessary for the nationwide deployment of a Joint 
Automated Booking System, $10,000,000, to remain available until 
expended.

                         counterterrorism fund

    For necessary expenses, as determined by the Attorney General, 
$19,999,000, 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, (3) 
the costs of conducting a terrorism threat assessment of Federal 
agencies and their facilities, (4) the costs associated with ensuring 
the continuance of essential Government functions during a time of 
emergency, and (5) the costs of activities related to the protection of 
the Nation's critical infrastructure: Provided, That any Federal agency 
may be reimbursed for costs associated with implementation of the 
recommendations of the President's Commission on Critical 
Infrastructure Protection: Provided further, That any agency receiving 
services from the Department of Justice from the Fund may reimburse the 
Fund and that any such reimbursement shall remain available in the Fund 
until expended: Provided further, That funds provided under this 
paragraph 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.
    In addition, for necessary expenses, as determined by the Attorney 
General, $174,000,000, to remain available until expended, for transfer 
to the Office of Justice Programs (OJP), for counterterrorism grants, 
contracts, cooperative agreements, and other assistance (including 
amounts for management and administration which shall be transferred to 
and merged with the ``Justice Assistance'' account), to cities, States, 
territories, and local jurisdictions; of which $95,000,000 shall be 
available for equipping first responders in cities, States, 
territories, and local jurisdictions; of which $5,000,000 shall be 
available to reimburse the Department of Health and Human Services for 
costs associated with Metropolitan Medical Strike Teams; of which 
$10,000,000 shall be available for technical assistance and evaluation; 
of which $7,000,000 shall be available for law enforcement first 
responder training; of which $22,000,000 shall be available for public 
safety first responder training provided through the National Domestic 
Preparedness Consortium; of which $25,000,000 shall be available for 
firefighter and emergency medical services equipment; and of which 
$10,000,000 shall be available for situational training exercises.

                   administrative review and appeals

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration related activities, $41,858,000.

                      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, $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: 
Provided, That up to one-tenth of one percent of the Department of 
Justice's allocation from the Violent Crime Reduction Trust Fund grant 
programs may be transferred at the discretion of the Attorney General 
to this account for the audit or other review of such grant programs, 
as authorized by section 130005 of the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322).

                    United States Parole Commission

                         salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized by law, $7,969,000.

                            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; and for annual obligations of membership in law-
based international organizations pursuant to treaties ratified 
pursuant to the advice and consent of the Senate, conventions, or 
specific Acts of Congress, notwithstanding any other provision of law; 
$485,511,000; 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 $17,834,000 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.
     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.

               salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $86,588,000: Provided, That notwithstanding any other provision 
of law, not to exceed $86,588,000 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 1999, so as to 
result in a final fiscal year 1999 appropriation from the General Fund 
estimated at not more than $0: Provided further, That the third proviso 
under the heading ``Salaries and Expenses, Antitrust Division'' in 
Public Law 105-119 is repealed.

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including intergovernmental and cooperative agreements, 
$1,083,642,000; of which not to exceed $2,500,000 shall be available 
until September 30, 2000, 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 $1,200,000 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 $1,000,000 shall remain available until expended for the 
expansion of existing Violent Crime Task Forces in United States 
Attorneys Offices into 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: Provided further, That, in addition to 
reimbursable full-time equivalent workyears available to the Office of 
the United States Attorneys, not to exceed 8,960 positions and 9,125 
full-time equivalent workyears shall be supported from the funds 
appropriated in this Act for the United States Attorneys: Provided 
further, that of the total amount appropriated, not to exceed 
$3,000,000 shall remain available to hire additional assistant United 
States Attorneys and investigators to enforce Federal laws designed to 
keep firearms out of the hands of criminals, and the Attorney General 
is directed to initiate a selection process to identify two (2) major 
metropolitan areas (which shall not be in the same geographic area of 
the United States) which have an unusually high incidence of gun-
related crime, where the funds described in this subsection shall be 
expended: Provided further, That $2,300,000 shall be used to provide 
for additional assistant United States attorneys and investigators to 
serve in Philadelphia, Pennsylvania and Camden County, New Jersey, to 
enforce Federal laws designed to prevent the possession by criminals of 
firearms (as that term is defined in section 921(a) of title 18, United 
States Code), of which $1,500,000 shall be used to provide for those 
attorneys and investigators in Philadelphia, Pennsylvania and $800,000 
shall be used to provide for those attorneys and investigators in 
Camden County, New Jersey.

                   united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized by 28 U.S.C. 589a(a), $108,248,000, 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, $100,000,000 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 1999, so as to result in a 
final fiscal year 1999 appropriation from the Fund not to exceed 
$8,248,000: Provided further, That the fourth proviso under the heading 
``United States Trustee Fund'' in Public Law 105-119 is repealed.

      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, $1,227,000.

         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 the purchase of passenger motor vehicles for police-type 
use, without regard to the general purchase price limitation for the 
current fiscal year, $501,752,000, 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, shall remain available until 
expended.

                              construction

    For planning, constructing, renovating, equipping, and maintaining 
United States Marshals Service prisoner-holding space in United States 
courthouses and federal buildings, including the renovation and 
expansion of prisoner movement areas, elevators, and sallyports, 
$4,000,000, to remain available until expended.

 justice prisoner and alien transportation system fund, united states 
                            marshals service

    There is hereby established a Justice Prisoner and Alien 
Transportation System Fund for the payment of necessary expenses 
related to the scheduling and transportation of United States prisoners 
and illegal and criminal aliens in the custody of the United States 
Marshals Service, as authorized in 18 U.S.C. 4013, including, without 
limitation, salaries and expenses, operations, and the acquisition, 
lease, and maintenance of aircraft and support facilities: Provided, 
That the Fund shall be reimbursed or credited with advance payments 
from amounts available to the Department of Justice, other Federal 
agencies, and other sources at rates that will recover the expenses of 
Fund operations, including, without limitation, accrual of annual leave 
and depreciation of plant and equipment of the Fund: Provided further, 
That proceeds from the disposal of Fund aircraft shall be credited to 
the Fund: Provided further, That amounts in the Fund shall be available 
without fiscal year limitation, and may be used for operating equipment 
lease agreements that do not exceed five years: Provided further, That 
with respect to the transportation of Federal, State, local and 
territorial prisoners and detainees, the lease or rent of aircraft by 
the Justice Prisoner Air Transport System shall be considered use of 
public aircraft pursuant to 49 U.S.C. section 40102(a)(37).
    For the initial capitalization costs of the Fund, $10,000,000.

                       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, $407,018,000, 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, $95,000,000, to 
remain available until expended; of which not to exceed $6,000,000 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 the previous proviso 
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.

                      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: 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 2,668 
passenger motor vehicles, of which 2,000 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, $2,522,050,000; 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, 2000; 
of which not less than $233,473,000 shall be for counterterrorism 
investigations, foreign counterintelligence, and other activities 
related to our national security; of which not to exceed $61,800,000 
shall remain available until expended; 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 $45,000 shall be available for official reception and 
representation expenses: Provided further, That no funds in this Act 
may be used to provide ballistics imaging equipment to any State or 
local authority which has obtained similar equipment through a Federal 
grant or subsidy unless the State or local authority agrees to return 
that equipment or to repay that grant or subsidy to the Federal 
Government.
    In addition, $433,124,000 for such purposes, to remain available 
until expended, to be derived from the Violent Crime Reduction Trust 
Fund, as authorized by the Violent Crime Control and Law Enforcement 
Act of 1994 as amended, and the Antiterrorism and Effective Death 
Penalty Act of 1996.

                              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; $1,287,000, 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 1,428 passenger motor vehicles, of 
which 1,080 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; 
$802,054,000, 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 $5,000,000 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, 2000; and of which not to 
exceed $50,000 shall be available for official reception and 
representation expenses.
    In addition, $407,000,000, for such purposes, to remain available 
until expended, to 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; $8,000,000, to remain 
available until expended.

                 Immigration and Naturalization Service

                         salaries and expenses

    For expenses, not otherwise provided for, necessary for the 
administration and enforcement of the laws relating to immigration, 
naturalization, and alien registration, including not to exceed $50,000 
to meet unforeseen emergencies of a confidential character, to be 
expended under the direction of, and to be accounted for solely under 
the certificate of, the Attorney General; purchase for police type use 
(not to exceed 2,904, 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 Immigration and Naturalization Service and United States 
Marshals Service's Buffalo Detention Facility; $1,169,317,000 of which 
not to exceed $400,000 for research shall remain available until 
expended; of which not to exceed $10,000,000 shall be available for 
costs associated with the training program for basic officer training, 
and $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 none of the funds available to the Immigration and 
Naturalization Service shall be available to pay any employee overtime 
pay in an amount in excess of $30,000 during the calendar year 
beginning January 1, 1999: 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 not to exceed 20 permanent positions and 20 
full-time equivalent workyears and $1,711,000 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 non-reimbursable basis or any other type of formal or 
informal transfer or reimbursement of personnel or funds on either a 
temporary or long-term basis: Provided further, That the number of 
positions filled through non-career appointment at the Immigration and 
Naturalization Service, for which funding is provided in this Act or is 
otherwise made available to the Immigration and Naturalization Service, 
shall not exceed four permanent positions and four full-time equivalent 
workyears: Provided further, That the Border Patrol is authorized to 
continue helicopter procurement while developing a report on the cost 
and capabilities of a mixed fleet of manned and unmanned aerial 
vehicles, helicopters, and fixed-winged aircraft.
    In addition, $1,099,667,000, for such purposes, to remain available 
until expended, to 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, $110,251,000, 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 763, 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; $2,909,956,000: 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 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, 2000: 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.
    In addition, $9,559,000, for such purposes, to remain available 
until expended, to 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; 
$379,197,000, 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.

                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 $3,266,000 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 
the Victims of Crime Act of 1984, as amended, and section 822 of the 
Antiterrorism and Effective Death Penalty Act of 1996, $170,151,000, 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).

               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, $552,000,000, 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 $47,000,000 
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, including $4,500,000 which 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.

   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''); $2,124,650,000, 
to remain available until expended, which shall be derived from the 
Violent Crime Reduction Trust Fund; of which $500,000,000 shall be for 
Local Law Enforcement Block Grants, pursuant to H.R. 728 as passed by 
the House of Representatives on February 14, 1995, except that for 
purposes of this Act, the Commonwealth of Puerto Rico shall be 
considered a ``unit of local government'' as well as a ``State'', for 
the purposes set forth in paragraphs (A), (B), (D), (F), and (I) of 
section 101(a)(2) of H.R. 728 and for establishing crime prevention 
programs involving cooperation between community residents and law 
enforcement personnel in order to control, detect, or investigate crime 
or the prosecution of criminals: Provided, That no funds provided under 
this heading may be used as matching funds for any other Federal grant 
program: Provided further, That $40,000,000 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: Provided further, That, 
hereafter, for the purpose of eligibility for the Local Law Enforcement 
Block Grant Program in the State of Louisiana, parish sheriffs are to 
be considered the unit of local government at the parish level under 
section 108 of H.R. 728: Provided further, That $20,000,000 shall be 
available to carry out section 102(2) of H.R. 728; 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 $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 $711,000,000 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 $25,000,000 shall be 
available for the Cooperative Agreement Program, and of which 
$52,000,000 shall be for the construction, renovation and repair of 
tribal detention facilities; of which $9,000,000 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 $210,750,000 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, including $12,000,000 which shall be used exclusively for 
the purpose of strengthening civil legal assistance programs for 
victims of domestic violence, and $10,000,000 which shall be used 
exclusively for violence on college campuses: Provided further, That, 
of these funds, $5,200,000 shall be provided to the National Institute 
of Justice for research and evaluation of violence against women, 
$1,196,000 shall be provided to the Office of the United States 
Attorney for the District of Columbia for domestic violence programs in 
D.C. Superior Court, and $10,000,000 shall be available to the Office 
of Juvenile Justice and Delinquency Prevention for the Safe Start 
Program, to be administered as authorized by part C of the Juvenile 
Justice and Delinquency Act of 1974, as amended; of which $30,000,000 
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 $5,000,000 
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, and for local demonstration projects; 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 $10,000,000 shall be 
for the Tribal Courts Initiative, including $400,000 for the 
establishment of a Sioux Nation Tribal Supreme Court; of which 
$63,000,000 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 $2,000,000 
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 
$2,000,000 shall be for Law Enforcement Family Support Programs, as 
authorized by section 1001(a)(21) of the 1968 Act; 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; 
and of which $100,000,000 shall be for Juvenile Accountability 
Incentive Block Grants pursuant to Title III of H.R. 3 as passed by the 
House of Representatives on May 8, 1997, of which $9,523,685 shall be 
for discretionary grants: Provided further, That notwithstanding the 
requirements of H.R. 3, a State, or unit of local government within 
such State, shall be eligible for a grant under this program if the 
Governor of the State certifies to the Attorney General, consistent 
with guidelines established by the Attorney General in consultation 
with Congress, that the State is actively considering, or will consider 
within one year from the date of such certification, legislation, 
policies, or practices which if enacted would qualify the State for a 
grant under section 1802 of H.R. 3: Provided further, That 3 percent 
shall be available to the Attorney General for research, evaluation, 
and demonstration consistent with this program and 2 percent shall be 
available to the Attorney General for training and technical assistance 
consistent with this program: Provided further, That not less than 45 
percent of any grant provided to a State or unit of local government 
shall be spent for the purposes set forth in paragraphs (3) through 
(9), and not less than 35 percent shall be spent for the purposes set 
forth in paragraphs (1), (2) and (10) of section 1801(b) of H.R. 3, 
unless the State or unit of local government certifies to the Attorney 
General or the State, whichever is appropriate, that the interests of 
public safety and juvenile crime control would be better served by 
expending its grant for other purposes set forth under section 1801(b) 
of H.R. 3: Provided further, That the Federal share limitation in 
section 1805(e) of H.R. 3 shall be 50 percent in relation to the costs 
of constructing a permanent juvenile corrections facility: Provided 
further, That prior to receiving a grant under this program, a unit of 
local government must establish a coordinated enforcement plan for 
reducing juvenile crime, developed by a juvenile crime enforcement 
coalition, such coalition consisting of individuals representing the 
police, sheriff, prosecutor, State or local probation services, 
juvenile court, schools, business, and religious affiliated, fraternal, 
non-profit, or social service organizations involved in crime 
prevention: Provided further, That the conditions of sections 
1802(a)(3) and 1802(b)(1)(C) of H.R. 3 regarding juvenile adjudication 
records require a State or unit of local government to make available 
to the Federal Bureau of Investigation records of delinquency 
adjudications which are treated in a manner equivalent to adult 
records: Provided further, That no State or unit of local government 
may receive a grant under this program unless such State or unit of 
local government has implemented, or will implement no later than 
January 1, 1999, a policy of controlled substance testing for 
appropriate categories of juveniles within the juvenile justice system 
and funds received under this program may be expended for such purpose: 
Provided further, That the minimum allocation for each State under 
section 1803(a)(1)(A) of H.R. 3 shall be 0.5 percent: Provided further, 
That the terms and conditions under this heading for juvenile 
accountability incentive block grants are effective for fiscal year 
1999 only and upon the enactment of authorization legislation for 
juvenile accountability incentive block grants, funding provided in 
this Act shall from that date be subject to the provisions of that 
legislation and any provisions in this Act that are inconsistent with 
that legislation shall no longer have effect: Provided further, That 
funds made available in fiscal year 1999 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 and for drug testing initiatives: Provided further, That if a 
unit of local government uses any of the funds made available under 
this title to increase the number of law enforcement officers, the unit 
of local government will achieve a net gain in the number of law 
enforcement officers who perform nonadministrative public safety 
service.

                       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, $40,000,000, 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 266 permanent 
positions and 266 full-time equivalent workyears and $34,023,000 shall 
be expended for program management and administration: Provided 
further, That of the unobligated balances available in this program, 
$120,960,000 shall be used for innovative community policing programs, 
of which $66,960,000 shall be used for a law enforcement technology 
program, $1,000,000 shall be used for police recruitment programs 
authorized under subtitle H of title III of the 1994 Act, $15,500,000 
shall be used for policing initiatives to combat methamphetamine 
production and trafficking, $12,500,000 shall be used for the Community 
Policing to Combat Domestic Violence Program pursuant to section 
1701(d) of part Q of the Omnibus Crime Control and Safe Streets Act of 
1968, as amended, and $25,000,000 shall be used for the Matching Grant 
Program for Law Enforcement Armor Vests pursuant to section 2501 of 
part Y of the Omnibus Crime Control and Safe Streets Act of 1968, as 
amended: Provided further, That up to $54,000,000 shall be available to 
improve tribal law enforcement including equipment and training.
    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, (``the Act''), including salaries and expenses in 
connection therewith to be transferred to and merged with the 
appropriations for Justice Assistance, $277,597,000, to remain 
available until expended, as authorized by section 299 of part I of 
title II and section 506 of title V of the Act, as amended by Public 
Law 102-586, of which (1) notwithstanding any other provision of law, 
$6,847,000 shall be available for expenses authorized by part A of 
title II of the Act, $96,000,000 shall be available for expenses 
authorized by part B of title II of the Act, and $45,750,000 shall be 
available for expenses authorized by part C of title II of the Act: 
Provided, That $26,500,000 of the amounts provided for part B of title 
II of the Act, as amended, is for the purpose of providing additional 
formula grants under part B to States that provide assurances to the 
Administrator that the State has in effect (or will have in effect no 
later than one year after date of application) policies and programs, 
that ensure that juveniles are subject to accountability-based 
sanctions for every act for which they are adjudicated delinquent; (2) 
$12,000,000 shall be available for expenses authorized by section 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) 
$95,000,000 shall be available for expenses authorized by title V of 
the Act for incentive grants for local delinquency prevention programs; 
of which $20,000,000 shall be for delinquency prevention, control, and 
system improvement programs for tribal youth; of which $25,000,000 
shall be available for grants of $360,000 to each state and $6,640,000 
shall be available for discretionary 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, prevention and reduction of consumption of 
alcoholic beverages by minors, and for technical assistance and 
training: Provided further, That upon the enactment of reauthorization 
legislation for Juvenile Justice Programs under the Juvenile Justice 
and Delinquency Prevention Act of 1974, as amended, funding provisions 
in this Act shall from that date be subject to the provisions of that 
legislation and any provisions in this Act that are inconsistent with 
that legislation shall no longer have effect: Provided further, That of 
amounts made available under the Juvenile Justice Programs of the 
Office of Justice Programs to carry out part B (relating to Federal 
Assistance for State and Local Programs), subpart II of part C 
(relating to Special Emphasis Prevention and Treatment Programs), part 
D (relating to Gang-Free Schools and Communities and Community-Based 
Gang Intervention), part E (relating to State Challenge Activities), 
and part G (relating to Mentoring) of title II of the Juvenile Justice 
and Delinquency Prevention Act of 1974, and to carry out the At-Risk 
Children's Program under title V of that Act, not more than 10 percent 
of each such amount may be used for research, evaluation, and 
statistics activities designed to benefit the programs or activities 
authorized under the appropriate part or title, and not more than 2 
percent of each such amount may be used for training and technical 
assistance activities designed to benefit the programs or activities 
authorized under that part or title.
    In addition, for grants, contracts, cooperative agreements, and 
other assistance authorized by the Victims of Child Abuse Act of 1990, 
as amended, $7,000,000, to remain available until expended, as 
authorized by section 214B of the 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).

               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. 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. 103. 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. 104. 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 103 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 105. 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. 106. 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. 107. Any amounts credited to the ``Legalization Account'' 
established under section 245(c)(7)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1255a(c)(7)(B)) are transferred to the 
``Examinations Fee Account'' established under section 286(m) of that 
Act (8 U.S.C. 1356(m)).
    Sec. 108. 28 U.S.C. Section 589a(b) is amended--
            (1) by striking ``and'' in paragraph (7);
            (2) by striking the period in paragraph (8) and inserting 
        in lieu thereof ``; and''; and
            (3) by adding a new paragraph as follows:
            ``(9) interest earned on Fund investments.''.
    Sec. 109. Notwithstanding any other provision of law, during fiscal 
year 1999, the Assistant Attorney General for the Office of Justice 
Programs of the Department of Justice--
            (1) may make grants, or enter into cooperative agreements 
        and contracts, for the Office of Justice Programs and the 
        component organizations of that Office; and
            (2) shall have final authority over all grants, cooperative 
        agreements, and contracts made, or entered into, for the Office 
        of Justice Programs and the component organizations of that 
        Office.
    Sec. 110. (a) Adjustment of Status.--Section 245(i) of the 
Immigration and Nationality Act (8 U.S.C. 1255(i)) is amended--
            (1) in paragraph (1), by amending the first sentence to 
        read as follows: ``Notwithstanding the provisions of 
        subsections (a) and (c) of this section, an alien physically 
        present in the United States who--
                    ``(A) entered the United States without inspection; 
                or
                    ``(B) is within one of the classes enumerated in 
                subsection (c) of this section,
        may apply to the Attorney General for the adjustment of his or 
        her status to that of an alien lawfully admitted for permanent 
        residence.''; and
            (2) in paragraph (3)(B), by striking ``Breach Bond/
        Detention Fund established under section 286(r)'' and inserting 
        ``Immigration Detention and Naturalization Activity Account 
        established under section 286(s)''.
    (b) Repeal.--
            (1) In general.--Section 245(k) of the Immigration and 
        Nationality Act (8 U.S.C. 1255(k)) is repealed.
            (2) Conforming amendment.--Section 245(c)(2) of the 
        Immigration and Nationality Act (8 U.S.C. 1255(c)(2)) is 
        amended by striking ``subject to subsection (k),''.
    (c) Immigration Detention and Naturalization Activity Account.--
Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is 
amended by adding at the end the following new subsection:
    ``(s) Immigration Detention and Naturalization Activity Account.--
            ``(1) Establishment.--There is established in the general 
        fund of the Treasury a separate account which shall be known as 
        the `Immigration Detention And Naturalization Activity 
        Account'. Notwithstanding any other section of this title, 
        there shall be deposited as offsetting receipts into the 
        Immigration Detention And Naturalization Activity Account 
        amounts described in section 245(i)(3)(B) to remain available 
        until expended.
            ``(2) Uses of the account.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall refund out of the Immigration Detention And 
                Naturalization Activity Account to any appropriation 
                the amount paid out of such appropriation for expenses 
                incurred by the Attorney General for the detention of 
                aliens, for construction relating to such detention, 
                and for activities relating to the naturalization of 
                citizens.
                    ``(B) Quarterly refunds; adjustments.--The amounts 
                that are required to be refunded under subparagraph (A) 
                shall be refunded at least quarterly on the basis of 
                estimates made by the Attorney General of the expenses 
                referred to in subparagraph (A). Proper adjustments 
                shall be made in the amounts subsequently refunded 
                under subparagraph (A) to the extent prior estimates 
                were in excess of, or less than, the amount required to 
                be refunded under subparagraph (A).
                    ``(C) Estimates in budget requests.--The amounts 
                required to be refunded from the Immigration Detention 
                And Naturalization Activity Account for fiscal year 
                1999 or any fiscal year thereafter shall be refunded in 
                accordance with estimates made in the budget request of 
                the Attorney General for that fiscal year. Any proposed 
                changes in the amounts designated in such budget 
                requests shall only be made after notification to the 
                Committees on Appropriations of the House of 
                Representatives and the Senate in accordance with 
                section 605 of Public Law 104-134.
            ``(3) Annual reports.--The Attorney General shall annually 
        submit to Congress a report setting forth--
                    ``(A) the financial condition of the Immigration 
                Detention And Naturalization Activity Account for the 
                current fiscal year, including beginning account 
                balance, revenues, withdrawals, and ending account 
                balance; and
                    ``(B) projections for revenues, withdrawals, and 
                the beginning and ending account balances for the next 
                fiscal year.''.
    (d) Effective Date.--The amendment made by subsection (a) shall 
apply to applications for adjustment of status filed on or after the 
end of the 90-day period beginning on the date of enactment of this 
Act.
    Sec. 111. Notwithstanding any other provision of law, with respect 
to any grant program for which amounts are made available under this 
title, the term ``tribal'' means of or relating to an Indian tribe (as 
that term is defined in section 102(2) of the Federally Recognized 
Indian Tribe List Act of 1994 (25 U.S.C. 479a(2))).
    Sec. 112. Section 286(e)(1)(C) of the Immigration and Nationality 
Act (8 U.S.C. 1356(e)(1)(C)) is amended by inserting ``State'' and a 
comma immediately before ``territory''.
    Sec. 113. For fiscal year 1999 and thereafter, the Director of the 
Bureau of Prisons may make expenditures out of the Commissary Fund of 
the Federal Prison System, regardless of whether any such expenditure 
is security-related, for programs, goods, and services for the benefit 
of inmates (to the extent the provision of those programs, goods, or 
services to inmates is not otherwise prohibited by law), including--
            (1) the installation, operation, and maintenance of the 
        Inmate Telephone System;
            (2) the payment of all the equipment purchased or leased in 
        connection with the Inmate Telephone System; and
            (3) the salaries, benefits, and other expenses of personnel 
        who install, operate, and maintain the Inmate Telephone System.
    Sec. 114. (a)(1) Notwithstanding any other provision of law, for 
fiscal year 1999 and thereafter, the Attorney General may obligate any 
funds appropriated for or reimbursed to the Counterterrorism programs, 
projects or activities of the Department of Justice to purchase or 
lease equipment or any related items, or to acquire interim services, 
without regard to any otherwise applicable Federal acquisition rule, if 
the Attorney General determines that--
            (A) there is an exigent need for the equipment, related 
        items, or services in order to support an ongoing 
        counterterrorism, national security, or computer-crime 
        investigation or prosecution;
            (B) the equipment, related items, or services required are 
        not available within the Department of Justice; and
            (C) adherence to that Federal acquisition rule would--
                    (i) delay the timely acquisition of the equipment, 
                related items, or services; and
                    (ii) adversely affect an ongoing counterterrorism, 
                national security, or computer-crime investigation or 
                prosecution.
    (2) In this subsection, the term ``Federal acquisition rule'' means 
any provision of title II or IX of the Federal Property and 
Administrative Services Act of 1949, the Office of Federal Procurement 
Policy Act, the Small Business Act, the Federal Acquisition Regulation, 
or any other provision of law or regulation that establishes policies, 
procedures, requirements, conditions, or restrictions for procurements 
by the head of a department or agency or the Federal Government.
    (b) The Attorney General shall immediately notify the Committees on 
Appropriations of the House of Representatives and the Senate in 
writing of each expenditure under subsection (a), which notification 
shall include sufficient information to explain the circumstances 
necessitating the exercise of the authority under that subsection.
    Sec. 115. Section 210501(b)(1)(A) of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 14151(b)(1)(A)) is amended by 
inserting ``and provide investigative assistance to tribal law 
enforcement agencies'' before the semicolon.
    Sec. 116. (a) Section 110 of division C of Public Law 104-208 is 
repealed.
    (b)(1) Paragraph (2) of section 104(b) of that Act is amended to 
read as follows:
            ``(2) Clause b.--Clause (B) of such sentence shall apply as 
        follows:
                    ``(A) As of October 1, 2000, to not less than 25 
                percent of the border crossing identification cards in 
                circulation as of April 1, 1998.
                    ``(B) As of October 1, 2001, to not less than 50 
                percent of such cards in circulation as of April 1, 
                1998.
                    ``(C) As of October 1, 2002, to not less than 75 
                percent of such cards in circulation as of April 1, 
                1998.
                    ``(D) As of October 1, 2003, to all such cards in 
                circulation as of April 1, 1998.''.
    (2) Such section 104(b) is further amended by adding at the end the 
following:
            ``(3) If the Secretary of State and the Attorney General 
        jointly determine that sufficient capacity exists to replace 
        border crossing identification cards in advance of any of the 
        deadlines otherwise provided for under paragraph (2), the 
        Secretary and the Attorney General may by regulation advance 
        such deadlines.''.
    Sec. 117. (a) The President shall, with the submission of the 
President's fiscal year 2000 budget request, submit a Chapter in the 
Analytical Perspectives Volume (referred to in this section as the 
``Chapter'') presenting the specific dollar amounts budgeted, by 
appropriation account and by line item, for counterterrorism and 
antiterrorism programs, projects, or activities.
    (b) The Chapter shall provide a narrative outline of the content 
of, and detail the amounts budgeted for, each program, project, or 
activity for fiscal years 1998, 1999, 2000, and the succeeding 5 years 
of the Federal Counterterrorism Strategy.
    (c) If the President determines that certain portions of the 
information contained in the Chapter are of a sensitive, classified 
nature, then the President shall submit to Congress a classified 
version of the Chapter along with the unclassified version published in 
the Analytical Perspectives Volume of the President's fiscal year 2000 
budget request.
    Sec. 118. Section 402(a) of the Controlled Substances Act (21 
U.S.C. 842(a)) is amended--
            (1) in paragraph (5), by inserting ``knowingly'' after 
        ``(5)''; and
            (2) in paragraph (10), by inserting ``knowingly'' after 
        ``(10)''.
    Sec. 119. Section 402(c)(1) of the Controlled Substances Act (21 
U.S.C. 842(c)(1)) is amended--
            (1) by striking ``Except as provided in paragraph (2), any 
        person who violates this section shall'' and inserting ``(A) 
        Subject to subparagraph (B) of this paragraph and paragraph 
        (2), any person who violates this section may''; and
            (2) by adding at the end the following:
                    ``(B) In the case of a violation of paragraph (5) 
                or (10) of subsection (a) in which, a result of the 
                violation, no unauthorized person obtains unlawful 
                control of a controlled substance, the civil penalty 
                shall be not more than $500.''.
    Sec. 120. The General Accounting Office shall--
            (1) monitor the compliance of the Department of Justice and 
        all United States Attorneys with the ``Guidance on the Use of 
        the False Claims Act in Civil Health Care Matters'' issued by 
        the Department of Justice on June 3, 1998, including any 
        revisions to that guidance; and
            (2) not later than February 1, 1999, and again not later 
        than August 2, 1999, submit a report on such compliance to the 
        Committees on the Judiciary and the Committees on 
        Appropriations of the Senate and the House of Representatives.
    Sec. 121. Firearms Safety. (a) Secure Gun Storage Device.--Section 
921(a) of title 18, United States Code, is amended by adding at the end 
the following:
    ``(34) The term `secure gun storage or safety device' means--
            ``(A) a device that, when installed on a firearm, is 
        designed to prevent the firearm from being operated without 
        first deactivating the device;
            ``(B) a device incorporated into the design of the firearm 
        that is designed to prevent the operation of the firearm by 
        anyone not having access to the device; or
            ``(C) a safe, gun safe, gun case, lock box, or other device 
        that is designed to be or can be used to store a firearm and 
        that is designed to be unlocked only by means of a key, a 
        combination, or other similar means.''.
    (b) Certification Required in Application for Dealer's License.--
Section 923(d)(1) of title 18, United States Code, is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(G) in the case of an application to be licensed as a 
        dealer, the applicant certifies that secure gun storage or 
        safety devices will be available at any place in which firearms 
        are sold under the license to persons who are not licensees 
        (subject to the exception that in any case in which a secure 
        gun storage or safety device is temporarily unavailable because 
        of theft, casualty loss, consumer sales, backorders from a 
        manufacturer, or any other similar reason beyond the control of 
        the licensee, the dealer shall not be considered to be in 
        violation of the requirement under this subparagraph to make 
        available such a device).''.
    (c) Revocation of Dealer's License for Failure To Have Secure Gun 
Storage or Safety Devices Available.--The first sentence of section 
923(e) of title 18, United States Code, is amended by inserting before 
the period at the end the following: ``or fails to have secure gun 
storage or safety devices available at any place in which firearms are 
sold under the license to persons who are not licensees (except that in 
any case in which a secure gun storage or safety device is temporarily 
unavailable because of theft, casualty loss, consumer sales, backorders 
from a manufacturer, or any other similar reason beyond the control of 
the licensee, the dealer shall not be considered to be in violation of 
the requirement to make available such a device)''.
    (d) Statutory Construction; Evidence.--
            (1) Statutory construction.--Nothing in the amendments made 
        by this section shall be construed--
                    (A) as creating a cause of action against any 
                firearms dealer or any other person for any civil 
                liability; or
                    (B) as establishing any standard of care.
            (2) Evidence.--Notwithstanding any other provision of law, 
        evidence regarding compliance or noncompliance with the 
        amendments made by this section shall not be admissible as 
        evidence in any proceeding of any court, agency, board, or 
        other entity.
    (e) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of enactment of this Act.
    Sec. 122. Firearm Safety Education Grants. (a) In General.--Section 
510 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3760) is amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) undertaking educational and training programs for--
                    ``(A) criminal justice personnel; and
                    ``(B) the general public, with respect to the 
                lawful and safe ownership, storage, carriage, or use of 
                firearms, including the provision of secure gun storage 
                or safety devices;'';
            (2) in the first sentence of subsection (b), by inserting 
        before the period the following: ``and is authorized to make 
        grants to, or enter into contracts with, those persons and 
        entities to carry out the purposes specified in subsection 
        (a)(1)(B) in accordance with subsection (c)''; and
            (3) by adding at the end the following:
    ``(c)(1) In accordance with this subsection, the Director may make 
a grant to, or enter into a contract with, any person or entity 
referred to in subsection (b) to provide for a firearm safety program 
that, in a manner consistent with subsection (a)(1)(B), provides for 
general public training and dissemination of information concerning 
firearm safety, secure gun storage, and the lawful ownership, carriage, 
or use of firearms, including the provision of secure gun storage or 
safety devices.
    ``(2) Funds made available under a grant under paragraph (1) may 
not be used (either directly or by supplanting non-Federal funds) for 
advocating or promoting gun control, including making communications 
that are intended to directly or indirectly affect the passage of 
Federal, State, or local legislation intended to restrict or control 
the purchase or use of firearms.
    ``(3) Except as provided in paragraph (4), each firearm safety 
program that receives funding under this subsection shall provide for 
evaluations that shall be developed pursuant to guidelines that the 
Director of the National Institute of Justice of the Department of 
Justice, in consultation with the Director of the Bureau of Justice 
Assistance and recognized private entities that have expertise in 
firearms safety, education and training, shall establish.
    ``(4) With respect to a firearm safety program that receives 
funding under this section, the Director may waive the evaluation 
requirement described in paragraph (3) if the Director determines that 
the program--
            ``(A) is not of a sufficient size to justify an evaluation; 
        or
            ``(B) is designed primarily to provide material resources 
        and supplies, and that activity would not justify an 
        evaluation.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the earlier of--
            (1) October 1, 1998; or
            (2) the date of enactment of this Act.
    Sec. 123. Firearms. Section 922 of title 18, United States Code, is 
amended--
            (1) in subsection (d), by striking paragraph (5) and 
        inserting the following:
            ``(5) who, being an alien--
                    ``(A) is illegally or unlawfully in the United 
                States; or
                    ``(B) except as provided in subsection (y)(2), has 
                been admitted to the United States under a nonimmigrant 
                visa (as that term is defined in section 101(a)(26) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)));'';
            (2) in subsection (g), by striking paragraph (5) and 
        inserting the following:
            ``(5) who, being an alien--
                    ``(A) is illegally or unlawfully in the United 
                States; or
                    ``(B) except as provided in subsection (y)(2), has 
                been admitted to the United States under a nonimmigrant 
                visa (as that term is defined in section 101(a)(26) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)));'';
            (3) in subsection (s)(3)(B), by striking clause (v) and 
        inserting the following:
                            ``(v) is not an alien who--
                                    ``(I) is illegally or unlawfully in 
                                the United States; or
                                    ``(II) subject to subsection 
                                (y)(2), has been admitted to the United 
                                States under a nonimmigrant visa (as 
                                that term is defined in section 
                                101(a)(26) of the Immigration and 
                                Nationality Act (8 U.S.C. 
                                1101(a)(26)));''; and
            (4) by inserting after subsection (x) the following:
    ``(y) Provisions Relating to Aliens Admitted Under Nonimmigrant 
Visas.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `alien' has the same meaning as in 
                section 101(a)(3) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(3)); and
                    ``(B) the term `nonimmigrant visa' has the same 
                meaning as in section 101(a)(26) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(26)).
            ``(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), and 
        (s)(3)(B)(v)(II) do not apply to any alien who has been 
        lawfully admitted to the United States under a nonimmigrant 
        visa, if that alien is--
                    ``(A) admitted to the United States for lawful 
                hunting or sporting purposes or is in possession of a 
                hunting license or permit lawfully issued in the United 
                States;
                    ``(B) an official representative of a foreign 
                government who is--
                            ``(i) accredited to the United States 
                        Government or the Government's mission to an 
                        international organization having its 
                        headquarters in the United States; or
                            ``(ii) en route to or from another country 
                        to which that alien is accredited;
                    ``(C) an official of a foreign government or a 
                distinguished foreign visitor who has been so 
                designated by the Department of State; or
                    ``(D) a foreign law enforcement officer of a 
                friendly foreign government entering the United States 
                on official law enforcement business.
            ``(3) Waiver.--
                    ``(A) Conditions for waiver.--Any individual who 
                has been admitted to the United States under a 
                nonimmigrant visa may receive a waiver from the 
                requirements of subsection (g)(5), if--
                            ``(i) the individual submits to the 
                        Attorney General a petition that meets the 
                        requirements of subparagraph (C); and
                            ``(ii) the Attorney General approves the 
                        petition.
                    ``(B) Petition.--Each petition under subparagraph 
                (B) shall--
                            ``(i) demonstrate that the petitioner has 
                        resided in the United States for a continuous 
                        period of not less than 180 days before the 
                        date on which the petition is submitted under 
                        this paragraph; and
                            ``(ii) include a written statement from the 
                        embassy or consulate of the petitioner, 
                        authorizing the petitioner to acquire a firearm 
                        or ammunition and certifying that the alien 
                        would not, absent the application of subsection 
                        (g)(5)(B), otherwise be prohibited from such 
                        acquisition under subsection (g).
                    ``(C) Approval of petition.--The Attorney General 
                shall approve a petition submitted in accordance with 
                this paragraph, if the Attorney General determines that 
                waiving the requirements of subsection (g)(5)(B) with 
                respect to the petitioner--
                            ``(i) would be in the interests of justice; 
                        and
                            ``(ii) would not jeopardize the public 
                        safety.''.
    Sec. 124. Mental Health Screening and Treatment for Prisoners. (a) 
Additional Requirements for the Use of Funds Under the Violent Offender 
Incarceration and Truth-in-Sentencing Grants Program.--Section 20105(b) 
of the Violent Crime Control and Law Enforcement Act of 1994 is amended 
to read as follows:
    ``(b) Additional Requirements.--
            ``(1) Eligibility for grant.--To be eligible to receive a 
        grant under section 20103 or 20104, a State shall, not later 
        than January 1, 1999, have a program of mental health screening 
        and treatment for appropriate categories of convicted juvenile 
        and other offenders during periods of incarceration and 
        juvenile and criminal justice supervision, that is consistent 
        with guidelines issued by the Attorney General.
            ``(2) Use of funds.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this subtitle, amounts made available to a 
                State under section 20103 or 20104 may be applied to 
                the costs of programs described in paragraph (1), 
                consistent with guidelines issued by the Attorney 
                General.
                    ``(B) Additional use.--In addition to being used as 
                specified in subparagraph (A), the funds referred to in 
                that subparagraph may be used by a State to pay the 
                costs of providing to the Attorney General a baseline 
                study on the mental health problems of juvenile 
                offenders and prisoners in the State, which study shall 
                be consistent with guidelines issued by the Attorney 
                General.''.
    Sec. 125. Section 3486(a)(1) of title 18, United States Code, is 
amended by inserting ``or any act or activity involving a Federal 
offense relating to the sexual exploitation or other abuse of 
children,'' after ``health care offense,''.
    Sec. 126. Section 505 of the Incentive Grants for Local Delinquency 
Prevention Programs Act (42 U.S.C. 5784) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (6), by striking ``and'' at the 
                end;
                    (B) in paragraph (7), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(8) court supervised initiatives that address the illegal 
        possession of firearms by juveniles.''; and
            (2) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``demonstrate ability in'';
                    (B) in paragraph (1), by inserting ``have in 
                effect'' after ``(1)'';
                    (C) in paragraph (2)--
                            (i) by inserting ``have developed'' after 
                        ``(2)''; and
                            (ii) by striking ``and'' at the end;
                    (D) in paragraph (3)--
                            (i) by inserting ``are actively'' after 
                        ``(3)''; and
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                    (E) by adding at the end the following:
            ``(4) have in effect a policy or practice that requires 
        State and local law enforcement agencies to detain for not less 
        than 24 hours any juvenile who unlawfully possesses a firearm 
        in a school, upon a finding by a judicial officer that the 
        juvenile may be a danger to himself or herself, or to the 
        community.''.
    Sec. 127. Intensive Firearms Enforcement Initiatives. (a)(1) The 
Secretary of the Treasury shall endeavor to expand the number of cities 
and counties directly participating in the Youth Crime Gun Interdiction 
Initiative, as enhanced in this section (and referred hereafter to as 
``YCGII/Exile'') to 50 cities or counties by October 1, 2000, to 75 
cities or counties by October 1, 2002, and to 150 cities or counties by 
October 1, 2003.
    (2) Cities and counties selected for participation in the YCGII/
Exile shall be selected by the Secretary of the Treasury and in 
consultation with Federal, State and local law enforcement officials. 
Not later than February 1, 1999, the Secretary shall deliver to the 
Congress, through the Chairman of each Committee on Appropriations, a 
full report, empirically based, explaining the impact of the pre-
existing youth crime gun interdiction initiative on Federal firearms 
related offenses. The report shall also state in detail the plans by 
the Secretary to implement this section and the establishment of YCGII/
Exile program.
    (b)(1) The Secretary of the Treasury shall, utilizing the 
information provided by the YCGII/Exile, facilitate the identification 
and prosecution of individuals--
            (A) illegally transferring firearms to individuals, 
        particularly to those who have not attained 24 years of age, or 
        in violation of the Youth Handgun Safety Act; and
            (B) illegally possessing firearms, particularly in 
        violation of section 922(g) (1)-(2) of title 18, United States 
        Code, or in violation of any provision in section 924 of title 
        18, United States Code, in connection with a serious drug 
        offense or violent felony, as those terms are used in that 
        section.
    (2) Within funds appropriated in this Act for necessary expenses of 
the Offices of United States Attorneys, $1,500,000 shall be available 
for the Attorney General to hire additional assistant United States 
Attorneys and investigators in the City of Philadelphia, Pennsylvania, 
for a demonstration project to identify and prosecute individuals in 
possession of firearms in violation of Federal law.
    (3) The Attorney General, and the United States Attorneys, shall 
give the highest possible prosecution priority to the offenses stated 
in this subsection.
    (4) The Secretary of the Treasury shall share information derived 
from the YCGII/Exile with State and local law enforcement agencies 
through on-line computer access, as soon as such capability is 
available.
    (c)(1) The Secretary of the Treasury shall award grants (in the 
form of funds or equipment) to States, cities, and counties for 
purposes of assisting such entities in the tracing of firearms and 
participation in the YCGII/Exile.
    (2) Grants made under this part shall be used--
            (A) to hire additional law enforcement personnel for the 
        purpose of enhanced efforts in identifying and arresting 
        individuals for the firearms offenses stated in subsection (b); 
        and
            (B) to purchase additional equipment, including automatic 
        data processing equipment and computer software and hardware, 
        for the timely submission and analysis of tracing data.
    Sec. 128. Section 170102 of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14072) is amended--
            (1) in subsection (a)(2), by striking ``or'';
            (2) in subsection (g)(3), by striking ``minimally 
        sufficient'' and inserting ``State sexual offender''; and
            (3) by amending subsection (i) to read as follows:
    ``(i) Penalty.--A person who is--
            ``(1) required to register under paragraph (1), (2), or (3) 
        of subsection (g) of this section and knowingly fails to comply 
        with this section;
            ``(2) required to register under a sexual offender 
        registration program in the person's State of residence and 
        knowingly fails to register in any other State in which the 
        person is employed, carries on a vocation, or is a student;
            ``(3) described in section 4042(c)(4) of title 18, United 
        States Code, and knowingly fails to register in any State in 
        which the person resides, is employed, carries on a vocation, 
        or is a student following release from prison or sentencing to 
        probation; or
            ``(4) sentenced by a court martial for conduct in a 
        category specified by the Secretary of Defense under section 
        115(a)(8)(C) of title I of Public Law 105-119, and knowingly 
        fails to register in any State in which the person resides, is 
        employed, carries on a vocation, or is a student following 
        release from prison or sentencing to probation, shall, in the 
        case of a first offense under this subsection, be imprisoned 
        for not more than 1 year and, in the case of a second or 
        subsequent offense under this subsection, be imprisoned for not 
        more than 10 years.''.
    Sec. 129. (a) In General.--Section 200108 of the Police Corps Act 
(42 U.S.C. 14097) is amended by striking subsection (b) and inserting 
the following:
    ``(b) Training Sessions.--A participant in a State Police Corps 
program shall attend up to 24 weeks, but no less than 16 weeks, of 
training at a residential training center. The Director may approve 
training conducted in not more than 3 separate sessions.''.
    (b) Conforming Amendment.--Section 200108 (c) of the Police Corps 
Act (42 U.S.C. 14097(c)) is amended by striking ``16 weeks of''.
    (c) Reauthorization.--Section 200112 of the Police Corps Act (42 
U.S.C. 14101) is amended by striking ``$20,000'' and all that follows 
before the period and inserting ``$50,000,000 for fiscal year 1999, 
$70,000,000 for fiscal year 2000, $90,000,000 for fiscal year 2001, and 
$90,000,000 for fiscal year 2002''.
    Sec. 130. Internet Predator Prevention. (a) Prohibition and 
Penalties.--Chapter 110 of title 18, United States Code, is amended by 
adding at the end the following:
``Sec. 2261. Publication of identifying information relating to a minor 
              for criminal sexual purposes
    ``(a) Definition of Identifying Information Relating to a Minor.--
In this section, the term `identifying information relating to a minor' 
includes the name, address, telephone number, social security number, 
or e-mail address of a minor.
    ``(b) Prohibition and Penalties.--Whoever, through the use of any 
facility in or affecting interstate or foreign commerce (including any 
interactive computer service) publishes, or causes to be published, any 
identifying information relating to a minor who has not attained the 
age of 17 years, for the purpose of soliciting any person to engage in 
any sexual activity for which the person can be charged with criminal 
offense under Federal or State law, shall be imprisoned not less than 1 
and not more than 5 years, fined under this title, or both.''.
    (b) Technical Amendment.--The analysis for chapter 110 of title 18, 
United States Code, is amended by adding at the end the following:

``2261. Publication of identifying information relating to a minor for 
                            criminal sexual purposes.''.
    Sec. 131. Transfer of County.-- (a) Section 118 of title 28, United 
States Code, is amended--
            (1) in subsection (a) by striking ``Philadelphia, and 
        Schuylkill'' and inserting ``and Philadelphia''; and
            (2) in subsection (b) by inserting ``Schuylkill,'' after 
        ``Potter,''.
    (b) Effective Date.--
            (1) In general.--This section and the amendments made by 
        this section shall take effect 180 days after the date of the 
        enactment of this Act.
            (2) Pending cases not affected.--This section and the 
        amendments made by this section shall not affect any action 
        commenced before the effective date of this section and pending 
        on such date in the United States District Court for the 
        Eastern District of Pennsylvania.
            (3) Juries not affected.--This section and the amendments 
        made by this section shall not affect the composition, or 
        preclude the service, of any grand or petit jury summoned, 
        impaneled, or actually serving on the effective date of this 
        section.
    Sec. 132. 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.''.
    Sec. 133. Criminal Background Checks for Applicants for Employment 
in Nursing Facilities and Home Health Care Agencies. (a) Authority to 
Conduct Background Checks.--
            (1) In general.--A nursing facility or home health care 
        agency may submit a request to the Attorney General to conduct 
        a search and exchange of records described in subsection (b) 
        regarding an applicant for employment if the employment 
        position is involved in direct patient care.
            (2) Submission of requests.--A nursing facility or home 
        health care agency requesting a search and exchange of records 
        under this section shall submit to the Attorney General a copy 
        of an employment applicant's fingerprints, a statement signed 
        by the applicant authorizing the nursing facility or home 
        health care agency to request the search and exchange of 
        records, and any other identification information not more than 
        7 days (excluding Saturdays, Sundays, and legal public holidays 
        under section 6103(a) of title 5, United States Code) after 
        acquiring the fingerprints, signed statement, and information.
    (b) Search and Exchange of Records.--Pursuant to any submission 
that complies with the requirements of subsection (a), the Attorney 
General shall search the records of the Criminal Justice Information 
Services Division of the Federal Bureau of Investigation for any 
criminal history records corresponding to the fingerprints or other 
identification information submitted. The Attorney General shall 
provide any corresponding information resulting from the search to the 
appropriate State or local governmental agency authorized to receive 
such information.
    (c) Use of Information.--Information regarding an applicant for 
employment in a nursing facility or home health care agency obtained 
pursuant to this section may be used only by the facility or agency 
requesting the information and only for the purpose of determining the 
suitability of the applicant for employment by the facility or agency 
in a position involved in direct patient care.
    (d) Fees.--The Attorney General may charge a reasonable fee, not to 
exceed $50 per request, to any nursing facility or home health care 
agency requesting a search and exchange of records pursuant to this 
section to cover the cost of conducting the search and providing the 
records.
    (e) Report.--Not later than 2 years after the date of enactment of 
this Act, the Attorney General shall submit a report to Congress on the 
number of requests for searches and exchanges of records made under 
this section by nursing facilities and home health care agencies and 
the disposition of such requests.
    (f) Criminal Penalty.--Whoever knowingly uses any information 
obtained pursuant to this section for a purpose other than as 
authorized under subsection (c) shall be fined in accordance with title 
18, United States Code, imprisoned for not more than 2 years, or both.
    (g) Immunity From Liability.--A nursing facility or home health 
care agency that, in denying employment for an applicant, reasonably 
relies upon information provided by the Attorney General pursuant to 
this section shall not be liable in any action brought by the applicant 
based on the employment determination resulting from the incompleteness 
or inaccuracy of the information.
    (h) Regulations.--The Attorney General may promulgate such 
regulations as are necessary to carry out this section, including 
regulations regarding the security, confidentiality, accuracy, use, 
destruction, and dissemination of information, audits and 
recordkeeping, the imposition of fees necessary for the recovery of 
costs, and any necessary modifications to the definitions contained in 
subsection (i).
    (i) Definitions.--In this section:
            (1) Home health care agency.--The term ``home health care 
        agency'' means an agency that provides home health care or 
        personal care services on a visiting basis in a place of 
        residence.
            (2) Nursing facility.--The term ``nursing facility'' means 
        a facility or institution (or a distinct part of an 
        institution) that is primarily engaged in providing to 
        residents of the facility or institution nursing care, 
        including skilled nursing care, and related services for 
        individuals who require medical or nursing care.
    (j) Applicability.--This section shall apply without fiscal year 
limitation.
    Sec. 134. None of the funds made available to the Department of 
Justice under this Act may be used for any expense relating to, or as 
reimbursement for any expense incurred in connection with, any foreign 
travel by an officer or employee of the Antitrust Division of the 
Department of Justice, if that foreign travel is for the purpose, in 
whole or in part, of soliciting or otherwise encouraging any antitrust 
action by a foreign country against a United States company that is a 
defendant in any antitrust action pending in the United States in which 
the United States is a plaintiff: Provided, however, that this section 
shall not--(1) limit the ability of the Department to investigate 
potential violations of United States antitrust laws; or (2) prohibit 
assistance authorized pursuant to sections 6201-6212 of title 15, 
United States Code, or pursuant to a ratified treaty between the United 
States and a foreign government, or other international agreement to 
which the United States is a party.
    Sec. 135. Exception to Grounds of Removal. Section 237 of the 
Immigration and Nationality Act (8 U.S.C. 1227) is amended by adding at 
the end the following new subsection:
    ``(d) This section shall not apply to any alien who was issued a 
visa or otherwise acquired the status of an alien lawfully admitted to 
the United States for permanent residence under section 201(b)(2)(A)(i) 
as an orphan described in section 101(b)(1)(F), unless that alien has 
knowingly declined United States citizenship.''.
    Sec. 136. Protection of Personal and Financial Information of 
Corrections Officers. Notwithstanding any other provision of law, in 
any action brought by a prisoner under section 1979 of the Revised 
Statutes (42 U.S.C. 1983) against a Federal, State, or local jail, 
prison, or correctional facility, or any employee or former employee 
thereof, arising out of the incarceration of that prisoner--
            (1) the financial records of a person employed or formerly 
        employed by the Federal, State, or local jail, prison, or 
        correctional facility, shall not be subject to disclosure 
        without the written consent of that person or pursuant to a 
        court order, unless a verdict of liability has been entered 
        against that person; and
            (2) the home address, home phone number, social security 
        number, identity of family members, personal tax returns, and 
        personal banking information of a person described in paragraph 
        (1), and any other records or information of a similar nature 
        relating to that person, shall not be subject to disclosure 
        without the written consent of that person, or pursuant to a 
        court order.
    Sec. 137. Extension of Temporary Protected Status for Certain 
Nationals of Liberia. (a) Continuation of Status.--Notwithstanding any 
other provision of law, any alien described in subsection (b) who, as 
of the date of enactment of this Act, is registered for temporary 
protected status in the United States under section 244(c)(1)(A)(iv) of 
the Immigration and Nationality Act (8 U.S.C. 1254a(c)(1)(A)(iv)), or 
any predecessor law, order, or regulation, shall be entitled to 
maintain that status through September 30, 1999.
    (b) Covered Aliens.--An alien referred to in subsection (a) is a 
national of Liberia or an alien who has no nationality and who last 
habitually resided in Liberia.
    Sec. 138. Adjustment of Status of Certain Asylees in Guam. (a) 
Adjustment of Status.--
            (1) Exemption from numerical limitations.--The numerical 
        limitation set forth in section 209(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1159(b)) shall not apply to any alien 
        described in subsection (b).
            (2) Limitation on fees.--
                    (A) In general.--Any alien described in subsection 
                (b) who applies for adjustment of status to that of an 
                alien lawfully admitted for permanent residence under 
                section 209(b) of that Act shall not be required to pay 
                any fee for employment authorization or for adjustment 
                of status in excess of the fee imposed on a refugee 
                admitted under section 207(a) of that Act for 
                employment authorization or adjustment of status.
                    (B) Effective date.--This paragraph shall apply to 
                applications for employment authorization or adjustment 
                of status filed before, on, or after the date of 
                enactment of this Act.
    (b) Covered Aliens.--An alien described in subsection (a) is an 
alien who was a United States Government employee, employee of a 
nongovernmental organization based in the United States, or other Iraqi 
national who was moved to Guam by the United States Government in 1996 
or 1997 pursuant to an arrangement made by the United States 
Government, and who was granted asylum in the United States under 
section 208(a) of the Immigration and Nationality Act (8 U.S.C. 
1158(a)).
    Sec. 139. For fiscal year 1999 and thereafter, for any report which 
is required or authorized by this Act to be submitted or delivered to 
the Committee on Appropriations of the Senate or of the House of 
Representatives by the Department of Justice or any component, agency, 
or bureau thereof, or which concerns matters within the jurisdiction of 
the Committee on the Judiciary of the Senate or of the House of 
Representatives, a copy of such report shall be submitted to the 
Committees on the Judiciary of the Senate and of the House of 
Representatives concurrently as the report is submitted to the 
Committee on Appropriations of the Senate or of the House of 
Representatives.
    Sec. 140. (a) In General.--Part T of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 is amended--
            (1) in section 2001 (42 U.S.C. 3796gg)--
                    (A) in subsection (a)--
                            (i) by inserting ``, including older 
                        women'' after ``combat violent crimes against 
                        women''; and
                            (ii) by inserting ``, including older 
                        women'' before the period; and
                    (B) in subsection (b)--
                            (i) in the matter before subparagraph (A), 
                        by inserting ``, including older women'' after 
                        ``against women'';
                            (ii) in paragraph (6), by striking ``and' 
                        after the semicolon;
                            (iii) in paragraph (7), by striking the 
                        period and inserting ``; and''; and
                            (iv) by adding at the end the following:
            ``(8) developing, through the oversight of the State 
        administrator, a curriculum to train and assist law enforcement 
        officers, prosecutors, and relevant officers of Federal, State, 
        tribal, and local courts in recognizing, addressing, 
        investigating, and prosecuting instances involving elder 
        domestic abuse, including domestic violence and sexual assault 
        against older individuals.'';
            (2) in section 2002(c)(2) (42 U.S.C. 3796gg-1), by 
        inserting ``and elder domestic abuse experts'' after ``victim 
        services programs''; and
            (3) in section 2003 (42 U.S.C. 3796gg-2)--
                    (A) in paragraph (7), by striking ``and' after the 
                semicolon;
                    (B) in paragraph (8), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(9) the term `elder' has the same meaning as the term 
        `older individual' in section 102 of the Older Americans Act of 
        1965 (42 U.S.C. 3002); and
            ``(10) the term `domestic abuse' means an act or threat of 
        violence, not including an act of self-defense, committed by--
                    ``(A) a current or former spouse of the victim;
                    ``(B) a person related by blood or marriage to the 
                victim;
                    ``(C) a person who is cohabitating with or has 
                cohabitated with the victim;
                    ``(D) a person with whom the victim shares a child 
                in common;
                    ``(E) a person who is or has been in the social 
                relationship of a romantic or intimate nature with the 
                victim; and
                    ``(F) a person similarly situated to a spouse of 
                the victim, or by any other person;
        if the domestic or family violence laws of the jurisdiction of 
        the victim provide for legal protection of the victim from the 
        person.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to grants beginning with fiscal year 1999.
    Sec. 141. Child Exploitation Sentencing Enhancement. (a) 
Definitions.--In this section:
            (1) Child; children.--The term ``child'' or ``children'' 
        means a minor or minors of an age specified in the applicable 
        provision of title 18, United States Code, that is subject to 
        review under this section.
            (2) Minor.--The term ``minor'' means any individual who has 
        not attained the age of 18, except that, with respect to 
        references to section 2243 of title 18, United States Code, the 
        term means an individual described in subsection (a) of that 
        section.
    (b) Increased Penalties For Use of a Computer In the Sexual Abuse 
or Exploitation of a Child.--Pursuant to the authority granted to the 
United States Sentencing Commission under section 994(p) of title 28, 
United States Code, the United States Sentencing Commission shall--
            (1) review the Federal sentencing guidelines on aggravated 
        sexual abuse under section 2241 of title 18, United States 
        Code, sexual abuse under section 2242 of title 18, United 
        States Code, sexual abuse of a minor or ward under section 2243 
        of title 18, United States Code, coercion and enticement of a 
        juvenile under section 2422(b) of title 18, United States Code, 
        and transportation of minors under section 2423 of title 18, 
        United States Code; and
            (2) upon completion of the review under paragraph (1), 
        promulgate amendments to the Federal sentencing guidelines to 
        provide an appropriate sentencing enhancement if the defendant 
        used a computer with the intent to persuade, induce, entice, or 
        coerce a child of an age specified in the applicable provision 
        referred to in paragraph (1) to engage in any prohibited sexual 
        activity.
    (c) Increased Penalties For Knowing Misrepresentation In the Sexual 
Abuse or Exploitation of a Child.--Pursuant to the authority granted to 
the United States Sentencing Commission under section 994(p) of title 
28, United States Code, the United States Sentencing Commission shall--
            (1) review the Federal sentencing guidelines on aggravated 
        sexual abuse under section 2241 of title 18, United States 
        Code, sexual abuse under section 2242 of title 18, United 
        States Code, sexual abuse of a minor or ward under section 2243 
        of title 18, United States Code, coercion and enticement of a 
        juvenile under section 2422(b) of title 18, United States Code, 
        and transportation of minors under section 2423 of title 18, 
        United States Code; and
            (2) upon completion of the review under paragraph (1), 
        promulgate amendments to the Federal sentencing guidelines to 
        provide an appropriate sentencing enhancement if the defendant 
        knowingly misrepresented the actual identity of the defendant 
        with the intent to persuade, induce, entice, or coerce a child 
        of an age specified in the applicable provision referred to in 
        paragraph (1) to engage in a prohibited sexual activity.
    (d) Increased Penalties For Pattern of Activity of Sexual 
Exploitation of Children.--Pursuant to the authority granted to the 
United States Sentencing Commission under section 994(p) of title 28, 
United States Code, the United States Sentencing Commission shall--
            (1) review the Federal sentencing guidelines on criminal 
        sexual abuse, the production of sexually explicit material, the 
        possession of materials depicting a child engaging in sexually 
        explicit conduct, coercion and enticement of minors, and the 
        transportation of minors; and
            (2) upon completion of the review under paragraph (1), 
        promulgate amendments to the Federal sentencing guidelines to 
        provide an appropriate sentencing enhancement applicable to the 
        offenses referred to in paragraph (1) in any case in which the 
        defendant engaged in a pattern of activity involving the sexual 
        abuse or exploitation of a minor.
    (e) Repeat Offenders; Increased Maximum Penalties For 
Transportation For Illegal Sexual Activity and Related Crimes.--
            (1) Repeat Offenders.--
                    (A) Chapter 117.--
                            (i) In general.--Chapter 117 of title 18, 
                        United States Code, is amended by adding at the 
                        end the following:
``Sec. 2425. Repeat offenders
    ``(a) In General.--Any person described in this subsection shall be 
subject to the punishment under subsection (b). A person described in 
this subsection is a person who violates a provision of this chapter, 
after one or more prior convictions--
            ``(1) for an offense punishable under this chapter, or 
        chapter 109A or 110; or
            ``(2) under any applicable law of a State relating to 
        conduct punishable under this chapter, or chapter 109A or 110.
    ``(b) Punishment.--A violation of a provision of this chapter by a 
person described in subsection (a) is punishable by a term of 
imprisonment of a period not to exceed twice the period that would 
otherwise apply under this chapter.''.
                            (ii) Conforming amendment.--The analysis 
                        for chapter 117 of title 18, United States 
                        Code, is amended by adding at the end the 
                        following:

``2425. Repeat offenders.''.
                    (B) Chapter 109a.--Section 2247 of title 18, United 
                States Code, is amended to read as follows:
``Sec. 2247. Repeat offenders
    ``(a) In General.--Any person described in this subsection shall be 
subject to the punishment under subsection (b). A person described in 
this subsection is a person who violates a provision of this chapter, 
after one or more prior convictions--
            ``(1) for an offense punishable under this chapter, or 
        chapter 110 or 117; or
            ``(2) under any applicable law of a State relating to 
        conduct punishable under this chapter, or chapter 110 or 117.
    ``(b) Punishment.--A violation of a provision of this chapter by a 
person described in subsection (a) is punishable by a term of 
imprisonment of a period not to exceed twice the period that would 
otherwise apply under this chapter.''.
            (2) Increased maximum penalties for transportation for 
        illegal sexual activity and related crimes.--
                    (A) Transportation generally.--Section 2421 of 
                title 18, United States Code, is amended by striking 
                ``five'' and inserting ``10''.
                    (B) Coercion and enticement of minors.--Section 
                2422 of title 18, United States Code, is amended--
                            (i) in subsection (a), by striking ``five'' 
                        and inserting ``10''; and
                            (ii) in subsection (b), by striking ``10'' 
                        and inserting ``15''.
                    (C) Transportation of minors.--Section 2423 of 
                title 18, United States Code, is amended--
                            (i) in subsection (a), by striking ``ten'' 
                        and inserting ``15''; and
                            (ii) in subsection (b), by striking ``10'' 
                        and inserting ``15''.
            (3) Amendment of sentencing guidelines.--Pursuant to the 
        authority granted to the United States Sentencing Commission 
        under section 994(p) of title 28, United States Code, the 
        United States Sentencing Commission shall--
                    (A) review the Federal sentencing guidelines 
                relating to chapter 117 of title 18, United States 
                Code; and
                    (B) upon completion of the review under 
                subparagraph (A), promulgate such amendments to the 
                Federal sentencing guidelines as are necessary to 
                provide for the amendments made by this subsection.
    (f) Clarification of Definition of Distribution of Pornography.--
Pursuant to the authority granted to the United States Sentencing 
Commission under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall--
            (1) review the Federal sentencing guidelines relating to 
        the distribution of pornography covered under chapter 110 of 
        title 18, United States Code, relating to the sexual 
        exploitation and other abuse of children; and
            (2) upon completion of the review under paragraph (1), 
        promulgate such amendments to the Federal sentencing guidelines 
        as are necessary to clarify that the term ``distribution of 
        pornography'' applies to the distribution of pornography--
                    (A) for monetary remuneration; or
                    (B) for a nonpecuniary interest.
    (g) Directive To the United States Sentencing Commission.--In 
carrying out this section, the United States Sentencing Commission 
shall--
            (1) with respect to any action relating to the Federal 
        sentencing guidelines subject to this section, ensure 
        reasonable consistency with other guidelines of the Federal 
        sentencing guidelines; and
            (2) with respect to an offense subject to the Federal 
        sentencing guidelines, avoid duplicative punishment under the 
        guidelines for substantially the same offense.
    (h) Authorization For Guardians Ad Litem.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated to the Department of Justice, for the 
        purpose specified in paragraph (2), such sums as may be 
        necessary for each of fiscal years 1998 through 2001.
            (2) Purpose.--The purpose specified in this paragraph is 
        the procurement, in accordance with section 3509(h) of title 
        18, United States Code, of the services of individuals with 
        sufficient professional training, experience, and familiarity 
        with the criminal justice system, social service programs, and 
        child abuse issues to serve as guardians ad litem for children 
        who are the victims of, or witnesses to, a crime involving 
        abuse or exploitation.
    (i) Applicability.--This section and the amendments made by this 
section shall apply to any action that commences on or after the date 
of enactment of this Act.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 1999''.

         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, 
$24,836,000, 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.

                     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, $45,500,000 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; $310,167,000, to 
remain available until expended: Provided, That of the $318,167,000 
provided for in direct obligations (of which $304,167,000 is 
appropriated from the General Fund, and $8,000,000 is derived from 
unobligated balances and deobligations from prior years and $6,000,000 
is from fees), $69,826,000 shall be for Trade Development, $20,379,000 
shall be for Market Access and Compliance, $31,047,000 shall be for the 
Import Administration, $177,000,000 shall be for the United States and 
Foreign Commercial Service, and $11,915,000 shall be for Executive 
Direction and Administration: Provided further, 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; $45,671,000 to 
remain available until expended, of which $1,877,000 shall be for 
inspections and other activities related to national security: 
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, $280,775,000: 
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, $22,465,000: 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, $25,276,000.

                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, 
$49,169,000, 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, 
$141,801,000.

                     periodic censuses and programs

    For expenses necessary to conduct the decennial census, 
$848,503,000, to remain available until expended: Provided, That the 
Department of Commerce shall submit a quarterly report to the 
Appropriations Committees of both Houses on the status and 
implementation of key decennial census milestones during fiscal year 
1999.
    In addition, for expenses to collect and publish statistics for 
other periodic censuses and programs provided for by law, $153,955,000, 
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), $10,940,000, 
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 telecommunications facilities, planning and construction

    For grants authorized by section 392 of the Communications Act of 
1934, as amended, $20,900,000, 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.

                   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 none of the funds appropriated under this heading shall 
be used to make a grant to an applicant that is an entity that is 
eligible to receive preferential rates or treatment under section 
254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) or 
assistance under the regional information sharing systems grant program 
of the Department of Justice under part M of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796h).

                      Patent and Trademark Office

                         salaries and expenses

    For necessary expenses of the Patent and Trademark Office provided 
for by law, including defense of suits instituted against the 
Commissioner of Patents and Trademarks, $785,526,000, to remain 
available until expended: Provided, That of this amount, $785,526,000 
shall be derived from offsetting collections assessed and collected 
pursuant to 15 U.S.C. 113 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 1999, so as to result in a final fiscal year 1999 
appropriation from the General Fund estimated at $0: Provided further, 
That beginning on October 1, 1998, the Commissioner of Patents and 
Trademarks shall establish a surcharge on all fees charged under 35 
U.S.C. 41(a) and (b) in order to ensure that $132,000,000 is collected: 
Provided further, That surcharges established under this authority may 
take effect on October 1, 1998, and that Section 553 of title 5, United 
States Code, shall not apply to the establishment of such surcharges: 
Provided further, That upon enactment of a statute reauthorizing the 
Patent and Trademark Office or establishing a successor agency or 
agencies, and upon the subsequent establishment of a new patent fee 
schedule, the surcharge established in this Act shall expire: Provided 
further, That during fiscal year 1999, should the total amount of 
offsetting collections be less than $785,526,000, the total amounts 
available to the Patent and Trademark Office shall be reduced 
accordingly: Provided further, That the standard build-out costs of the 
Patent and Trademark Office shall not exceed $36.69 per occupiable 
square foot for office-type space (which constitutes the amount 
specified in the Advanced Acquisition program of the General Services 
Administration) and shall not exceed an aggregate amount equal to 
$88,000,000: Provided further, That the moving costs of the Patent and 
Trademark Office (which shall include the costs of moving, furniture, 
telephone, and data installation) shall not exceed $135,000,000: 
Provided further, That the portion of the moving costs referred to in 
the preceding proviso that may be used for alterations that are above 
standard costs may not exceed $29,000,000.

                         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, $9,993,000, of which not to exceed 
$1,600,000 shall remain available until September 30, 2000.

             National Institute of Standards and Technology

             scientific and technical research and services

    For necessary expenses of the National Institute of Standards and 
Technology, $290,636,000, to remain available until expended, of which 
not to exceed $5,000,000 shall be used to fund a cooperative agreement 
with Montana State University for a research program on green 
buildings; and of which not to exceed $1,625,000 may be transferred to 
the ``Working Capital Fund'': Provided, That $2,300,000 shall be used 
to expand the Malcolm Baldrige National Quality Award program 
established under section 17 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3711a): Provided further, That none 
of the funds appropriated or otherwise made available by this Act for 
the ``Malcolm Baldrige National Quality Award'' may be obligated or 
expended unless such obligation or expenditure is expressly authorized 
by enactment of a subsequent Act.

                     industrial technology services

    For necessary expenses of the Manufacturing Extension Partnership 
of the National Institute of Standards and Technology, $106,800,000, 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, 
$192,500,000, to remain available until expended, of which not to 
exceed $38,700,000 shall be available for the award of new grants, and 
of which not to exceed $500,000 may be transferred to the ``Working 
Capital Fund''.

                  construction of research facilities

    For construction of new research facilities, including 
architectural and engineering design, and for renovation of existing 
facilities, not otherwise provided for the National Institute of 
Standards and Technology, as authorized by 15 U.S.C. 278c-278e, 
$56,714,000, to remain available until expended.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfers of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft; grants, contracts, or other payments 
to nonprofit organizations for the purposes of conducting activities 
pursuant to cooperative agreements; and relocation of facilities as 
authorized by 33 U.S.C. 883i; $1,608,914,000, to remain available until 
expended: Provided, 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, $63,073,000 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: Provided further, 
That unexpended balances in the accounts ``Construction'' and ``Fleet 
Modernization, Shipbuilding and Conversion'' shall be transferred to 
and merged with this account, to remain available until expended for 
the purposes for which the funds were originally appropriated: Provided 
further, That of the $10,500,000 available for the estuarine research 
reserve system, $2,000,000 shall be made available for the Office of 
response and restoration and $1,160,000 shall be made available for 
Navigation services, mapping and charting: Provided further, That of 
funds made available for the National Marine Fisheries Service 
information collection and analyses, $400,000 shall be made available 
to continue Atlantic Herring and Mackerel studies: Provided further, 
That of the $8,500,000 provided for the interstate fisheries 
commissions, $7,000,000 shall be provided to the Atlantic States Marine 
Fisheries Commission for the Atlantic Coastal Cooperative Fisheries 
Management Act, $750,000 shall be provided for the Atlantic Coastal 
Cooperative Statistics Program, and the remainder shall be provided to 
each of the three interstate fisheries commissions (including the 
ASMFC): Provided further, That within the Procurement, Acquisition and 
Construction account that $3,000,000 shall be made available for the 
National Estuarine Research Reserve construction, and $5,000,000 shall 
be made available for Great Bay land acquisition: Provided further, 
That the Secretary of Commerce shall make funds available to implement 
the mitigation recommendations identified subsequent to the ``1995 
Secretary's Report to Congress on Adequacy of NEXRAD Coverage and 
Degradation of Weather Services'' for Erie, PA; Williston, ND; Caribou, 
ME; and Key West, FL, and shall ensure continuation of weather service 
coverage for these communities until mitigation activities are 
completed: Provided further, That with respect to Erie, PA and 
Williston, ND, the Secretary shall integrate local radar data from such 
weather service offices into the advanced weather interactive 
processing system (AWIPS).

               procurement, acquisition and construction

                     (including transfers of funds)

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic 
and Atmospheric Administration, $587,922,000, to remain available until 
expended: Provided, That unexpended balances of amounts previously made 
available in the ``Operations, Research, and Facilities'' account and 
the ``Construction'' account for activities funded under this heading 
may be transferred to and merged with this account, to remain available 
until expended for the purposes for which the funds were originally 
appropriated.

                      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 $4,000,000, for 
purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 
315(e) of such Act.

                      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.

                   fisheries finance program account

    For the cost of direct loans, $388,000, 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 
for direct 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, $31,765,000.

                      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), 
$20,662,000.

               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 of Commerce 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. (a) Should legislation be enacted to dismantle or 
reorganize the Department of Commerce, or any portion thereof, the 
Secretary of Commerce, no later than 90 days thereafter, shall submit 
to the Committees on Appropriations of the House and the Senate a plan 
for transferring funds provided in this Act to the appropriate 
successor organizations: Provided, That the plan shall include a 
proposal for transferring or rescinding funds appropriated herein for 
agencies or programs terminated under such legislation: Provided 
further, That such plan shall be transmitted in accordance with section 
605 of this Act.
    (b) The Secretary of Commerce or the appropriate head of any 
successor organization(s) may use any available funds to carry out 
legislation dismantling or reorganizing the Department of Commerce, or 
any portion thereof, to cover the costs of actions relating to the 
abolishment, reorganization, or transfer of functions and any related 
personnel action, including voluntary separation incentives if 
authorized by such legislation: Provided, That the authority to 
transfer funds between appropriations accounts that may be necessary to 
carry out this section is provided in addition to authorities included 
under section 205 of 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. 207. 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 or from actions taken for the 
care and protection of loan collateral or grant property 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. 208. Section 401(e)(4)(B) of Public Law 105-83 is amended by 
striking ``majority vote, with each member'' and inserting in lieu 
thereof, ``the majority vote of the board members under paragraphs 
(3)(A), (F), and (G), the board member representing academia under 
paragraph (3)(K), and one of the board members under paragraph (3)(L) 
(as identified by the Governor), with each such member''.
    Sec. 209. (a) Prohibition.--
            (1) In general.--Section 223 of the Communications Act of 
        1934 (47 U.S.C. 223) is amended--
                    (A) by redesignating subsections (e), (f), (g), and 
                (h) as subsections (f), (g), (h), and (i), 
                respectively; and
                    (B) by inserting after subsection (d) the following 
                new subsection (e):
    ``(e)(1) Whoever in interstate or foreign commerce in or through 
the World Wide Web is engaged in the business of the commercial 
distribution of material that is harmful to minors shall restrict 
access to such material by persons under 17 years of age.
    ``(2) Any person who violates paragraph (1) shall be fined not more 
than $50,000, imprisoned not more than six months, or both.
    ``(3) In addition to the penalties under paragraph (2), whoever 
intentionally violates paragraph (1) shall be subject to a fine of not 
more than $50,000 for each violation. For purposes of this paragraph, 
each day of violation shall constitute a separate violation.
    ``(4) In addition to the penalties under paragraphs (2) and (3), 
whoever violates paragraph (1) shall be subject to a civil fine of not 
more than $50,000 for each violation. For purposes of this paragraph, 
each day of violation shall constitute a separate violation.
    ``(5) It is an affirmative defense to prosecution under this 
subsection that the defendant restricted access to material that is 
harmful to minors by persons under 17 years of age by requiring use of 
a verified credit card, debit account, adult access code, or adult 
personal identification number or in accordance with such other 
procedures as the Commission may prescribe.
    ``(6) This subsection may not be construed to authorize the 
Commission to regulate in any manner the content of any information 
provided on the World Wide Web.
    ``(7) For purposes of this subsection:
            ``(A) The term `material that is harmful to minors' means 
        any communication, picture, image, graphic image file, article, 
        recording, writing, or other matter of any kind that--
                    ``(i) taken as a whole and with respect to minors, 
                appeals to a prurient interest in nudity, sex, or 
                excretion;
                    ``(ii) depicts, describes, or represents, in a 
                patently offensive way with respect to what is suitable 
                for minors, an actual or simulated sexual act or sexual 
                contact, actual or simulated normal or perverted sexual 
                acts, or a lewd exhibition of the genitals; and
                    ``(iii) lacks serious literary, artistic, 
                political, or scientific value.
            ``(B) The terms `sexual act' and `sexual contact' have the 
        meanings assigned such terms in section 2246 of title 18, 
        United States Code.''.
            (2) Conforming amendment.--Subsection (h) of such section, 
        as so redesignated, is amended by striking ``(e), or (f)'' and 
        inserting ``(f), or (g)''.
    (b) Availability on Internet of Definition of Material That Is 
Harmful to Minors.--The Attorney General, in the case of the Internet 
web site of the Department of Justice, and the Federal Communications 
Commission, in the case of the Internet web site of the Commission, 
shall each post or otherwise make available on such web site such 
information as is necessary to inform the public of the meaning of the 
term ``material that is harmful to minors'' under section 223(e) of the 
Communications Act of 1934, as amended by subsection (a) of this 
section.
    Sec. 210. No Universal Service for Schools or Libraries that Fail 
to Implement a Filtering or Blocking System for Computers with Internet 
Access. (a) In General.--Section 254 of the Communications Act of 1934 
(47 U.S.C. 254) is amended by adding at the end thereof the following:
    ``(l) Implementation of a Filtering or Blocking System.--
            ``(1) In general.--No services may be provided under 
        subsection (h)(1)(B) to any elementary or secondary school, or 
        any library, unless it provides the certification required by 
        paragraph (2) or (3), respectively.
            ``(2) Certification for schools.--Before receiving 
        universal service assistance under subsection (h)(1)(B), an 
        elementary or secondary school (or the school board or other 
        authority with responsibility for administration of that 
        school) shall certify to the Commission that it has--
                    ``(A) selected a system for computers with Internet 
                access to filter or block matter deemed to be 
                inappropriate for minors; and
                    ``(B) installed, or will install as soon as it 
                obtains computers with Internet access, a system to 
                filter or block such matter.
            ``(3) Certification for libraries.--Before receiving 
        universal service assistance under subsection (h)(1)(B), a 
        library that has a computer with Internet access shall certify 
        to the Commission that, on one or more of its computers with 
        Internet access, it employs a system to filter or block matter 
        deemed to be inappropriate for minors. If a library that makes 
        a certification under this paragraph changes the system it 
        employs or ceases to employ any such system, it shall notify 
        the Commission within 10 days after implementing the change or 
        ceasing to employ the system.
            ``(4) Local determination of content.--For purposes of 
        paragraphs (2) and (3), the determination of what matter is 
        inappropriate for minors shall be made by the school, school 
        board, library or other authority responsible for making the 
        required certification. No agency or instrumentality of the 
        United States Government may--
                    ``(A) establish criteria for making that 
                determination;
                    ``(B) review the determination made by the 
                certifying school, school board, library, or other 
                authority; or
                    ``(C) consider the criteria employed by the 
                certifying school, school board, library, or other 
                authority in the administration of subsection 
                (h)(1)(B).''.
    (b) Conforming Change.--Section 254(h)(1)(B) of the Communications 
Act of 1934 (47 U.S.C. 254(h)(1)(B)) is amended by striking ``All 
telecommunications'' and inserting ``Except as provided by subsection 
(l), all telecommunications''.
    Sec. 211. Multichannel Video Programming. Notwithstanding any other 
provision of law, the Copyright Office is prohibited from implementing, 
enforcing, collecting or awarding copyright royalty fees, and no 
obligation or liability for copyright royalty fees shall accrue 
pursuant to the decision of the Librarian of Congress on October 27, 
1997, which established a royalty fee of $0.27 per subscriber per month 
for the retransmission of distant broadcast signals by satellite 
carriers, before March 31, 1999. This shall have no effect on the 
implementing, enforcing, collecting, or awarding copyright royalty fees 
pursuant to the royalty fee structure as it existed prior to October 
27, 1997.
    Sec. 212. Public Aircraft. The flush sentence following 
subparagraph (B)(ii) of section 40102(37) of title 49, United States 
Code, is amended by striking ``if the unit of government on whose 
behalf the operation is conducted certifies to the Administrator of the 
Federal Aviation Administration that the operation was necessary to 
respond to a significant and imminent threat to life or property 
(including natural resources) and that no service by a private operator 
was reasonably available to meet the threat'' and inserting ``if the 
operation is conducted for law enforcement, search and rescue, or 
responding to an imminent threat to property or natural resources''.
    Sec. 213. Compensation of Attorneys. (a) Controlled Substances 
Act.--Section 408(q)(10) of the Controlled Substances Act (21 U.S.C. 
848(q)(10)) is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (2) by inserting after subparagraph (A) the following:
    ``(B)(i) Notwithstanding any other provision of law, the amount of 
compensation paid to each attorney appointed under this subsection 
shall not exceed, for work performed by that attorney during any 
calendar month, an amount determined to be the amount of compensation 
(excluding health and other employee benefits) that the United States 
Attorney for the district in which the action is to be prosecuted 
receives for the calendar month that is the subject to a request for 
compensation made in accordance with this paragraph.
    ``(ii) The court shall grant an attorney compensation for work 
performed during any calendar month at a rate authorized under 
subparagraph (A), except that such compensation may not be granted for 
any calendar month in an amount that exceeds the maximum amount 
specified in clause (i).''.
    (b) Adequate Representation of Defendants.--Section 3006A(d)(3) of 
title 18, United States Code, is amended--
            (1) by striking ``Payment'' and inserting the following:
                    ``(A) In general.--Subject to subparagraph (B), 
                payment''; and
            (2) by adding at the end the following:
                    ``(B) Maximum payments.--The payments approved 
                under this paragraph for work performed by an attorney 
                during any calendar month may not exceed a maximum 
                amount determined under section 408(q)(10)(B) of the 
                Controlled Substances Act (21 U.S.C. 848(q)(10)(B)).''.
    Sec. 214. No funds may be used under this Act to process or 
register any application filed or submitted with the Patent and 
Trademark Office under the Act entitled ``An Act to provide for the 
registration and protection of trademarks used in commerce, to carry 
out the provisions of certain international conventions, and for other 
purposes'', approved July 5, 1946, commonly referred to as the 
Trademark Act of 1946, as amended, after the date of enactment of this 
Act for a mark identical to the official tribal insignia of any 
federally recognized Indian tribe for a period of one year from the 
date of enactment of this Act.
    Sec. 215. (a)(1) Notwithstanding any other provision of this Act, 
the amount appropriated by this title under ``National 
Telecommunications and Information Administration'' under the heading 
``information infrastructure grants'' is hereby increased by 
$9,000,000.
    (2) The additional amount appropriated by paragraph (1) shall 
remain available until expended.
    (b)(1) Notwithstanding any other provision of this Act, the 
aggregate amount appropriated by this title under ``DEPARTMENT OF 
COMMERCE'' is hereby reduced by $9,000,000 with the amount of such 
reduction achieved by reductions of equal amounts from amounts 
appropriated by each heading under ``DEPARTMENT OF COMMERCE'' except 
the headings referred to in paragraph (2).
    (2) Reductions under paragraph (1) shall not apply to the following 
amounts:
            (A) Amounts appropriated under ``National 
        Telecommunications and Information Administration'' under the 
        heading ``public telecommunications facilities, planning and 
        construction'' and under the heading ``information 
        infrastructure grants''.
            (B) Amounts appropriated under any heading under ``National 
        Institute of Standards and Technology''.
            (C) Amounts appropriated under any heading under ``National 
        Oceanic and Atmospheric Administration''.
    (c)(1) Notwithstanding any other provision of this Act, the second 
proviso under ``National Telecommunications and Information 
Administration'' under the heading ``information infrastructure 
grants'' shall have no force or effect.
    (2) Notwithstanding any other provision of law, no entity that 
receives telecommunications services at preferential rates under 
section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) or 
receives assistance under the regional information sharing systems 
grant program of the Department of Justice under part M of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796h) may use funds under a grant under the heading referred to in 
paragraph (1) to cover any costs of the entity that would otherwise be 
covered by such preferential rates or such assistance, as the case may 
be.
    Sec. 216. Sediment Control Study. Of the amounts made available 
under this Act to the National Oceanic and Atmospheric Administration 
for operations, research, and facilities that are used for ocean and 
Great Lakes programs, $50,000 shall be used for a study of sediment 
control at Grand Marais, Michigan.
    Sec. 217. (a) In General.--Section 254(a) of the Communications Act 
of 1934 (47 U.S.C. 254(a)) is amended--
            (1) by striking the second sentence in paragraph (1);
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) Membership of joint board.--
                    ``(A) In general.--The Joint Board required by 
                paragraph (1) shall be composed of 9 members, as 
                follows:
                            ``(i) 3 shall be members of the Federal 
                        Communications Commission;
                            ``(ii) 1 shall be a State-appointed utility 
                        consumer advocate nominated by a national 
                        organization of State utility consumer 
                        advocates; and
                            ``(iii) 5 shall be State utility 
                        commissioners nominated by the national 
                        organization of State utility commissions, with 
                        at least 2 such commissioners being 
                        commissioners of commissions of rural States.
                    ``(B) Co-chairmen.--The Joint Board shall have 2 
                co-chairmen of equal authority, one of whom shall be a 
                member of the Federal Communications Commission, and 
                the other of whom shall be one of the 5 members 
                described in subparagraph (A)(iii). The Federal 
                Communications Commission shall adopt rules and 
                procedures under which the co-chairmen of the Joint 
                Board will have equal authority and equal 
                responsibility for the Joint Board.
                    ``(C) Rural state defined.--In this paragraph, the 
                term `rural State' means any State in which the 1998 
                high-cost universal service support payments to local 
                telephone companies exceeds 90 cents on a per loop per 
                month basis.''.
    (b) FCC To Adopt Procedures Promptly.--The Federal Communications 
Commission shall adopt rules under section 254(a)(2)(B) of the 
Communications Act of 1934 (47 U.S.C. 254(a)(2)(B)), as added by 
subsection (a) of this section, within 30 days after the date of 
enactment of this Act.
    (c) Reconstituted Joint Board To Consider Universal Service.--The 
Federal-State Joint Board established under section 254(a)(1) of the 
Communications Act of 1934 (47 U.S.C. 254(a)(1)) shall not take action 
on the Commission's Order and Order on Reconsideration adopted July 13, 
1998 (CC Docket No. 96-45; FCC 98-160), relating to universal service 
until--
            (1) the Commission has adopted rules under section 
        254(a)(2)(B) of the Communications Act of 1934 (47 U.S.C. 
        254(a)(2)(B)); and
            (2) the co-chairmen of the Joint Board have been chosen 
        under that section.
    Sec. 218. Nonpoint Pollution Control. (a) In General.--In addition 
to the amounts made available to the National Oceanic and Atmospheric 
Administration under this Act, $3,000,000 shall be made available to 
the Administration for the nonpoint pollution control program of the 
Coastal Zone Management program of the Administration.
    (b) Pro Rata Reductions.--Notwithstanding any other provision of 
law, a pro rata reduction shall be made to each program in the 
Department of Commerce funded under this Act in such manner as to 
result in an aggregate reduction in the amount of funds provided to 
those programs of $3,000,000.
    This title may be cited as the ``Department of Commerce and Related 
Agencies Appropriations Act, 1999''.

                        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; $31,059,000.

                    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), $5,871,000, to 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, $15,631,000.

               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, 
$11,483,000.

    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 
retired 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, $2,808,516,000 (including the purchase of 
firearms and ammunition); of which not to exceed $13,454,000 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: Provided, That of the amount made available 
under this heading, $7,150,000 shall be available only for the State 
Justice Institute.
    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 $2,515,000, 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); $360,952,000, to remain 
available until expended as authorized by 18 U.S.C. 3006A(i).

                    fees of jurors and commissioners

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; 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)); $68,721,000, 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); $176,873,000, of which not to exceed 
$10,000,000 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, $54,682,000, 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, $17,716,000; of which $1,800,000 shall 
remain available through September 30, 2000, 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), $27,500,000; to the Judicial Survivors' 
Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,800,000; and to 
the United States Court of Federal Claims Judges' Retirement Fund, as 
authorized by 28 U.S.C. 178(l), $2,000,000.

                  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, $9,374,000, 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 10 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 20 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. Pursuant to section 140 of Public Law 97-92, justices and 
judges of the United States are authorized during fiscal year 1999, to 
receive a salary adjustment in accordance with 28 U.S.C. 461: Provided, 
That $6,893,000 is appropriated for salary adjustments pursuant to this 
section and such funds shall be transferred to and merged with 
appropriations in Title III of this Act.
    This title may be cited as ``The Judiciary Appropriations Act, 
1999''.

           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; $1,685,094,000: 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, $500,000 shall be available only for the National Law Center 
for Inter-American Free Trade: Provided further, That of the amount 
made available under this heading, $13,000,000 shall be available only 
for the East-West Center: Provided further, That, hereafter, 
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 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 costs as set forth under section 140(a)(2) of that Act 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); 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)).

                         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, $349,474,000.

                        capital investment fund

    For necessary expenses of the Capital Investment Fund, 
$118,340,000, 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), and for 
necessary expenses as authorized by section 4 of the State Department 
Basic Authority Act of 1956 (22 U.S.C. 2671), $6,500,000.

              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, 2000.

           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), preserving, 
maintaining, repairing, and planning for, buildings that are owned or 
directly leased by the Department of State, renovating, in addition to 
funds otherwise available, the Main State Building, and carrying out 
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), $550,832,000, 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), $3,500,000 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, $543,000, 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, $457,000 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, $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, $132,500,000.

              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, $1,131,718,000, of 
which not to exceed $254,000,000 shall remain available until expended 
for payment of arrearages: Provided, That none of the funds 
appropriated or otherwise made available by this Act for payment of 
arrearages may be obligated or expended unless such obligation or 
expenditure is expressly authorized by the enactment of an Act that 
makes payment of arrearages contingent upon reforms that include the 
following: a reduction in the United States assessed share of the 
United Nations regular budget to 20 percent and of peacekeeping 
operations to 25 percent; reimbursement for goods and services provided 
by the United States to the United Nations; certification that the 
United Nations and its specialized or affiliated agencies have not 
taken any action to infringe on the sovereignty of the United States; a 
ceiling on United States contributions to international organizations 
after fiscal year 1999 of $900,000,000; establishment of a merit-based 
personnel system at the United Nations that includes a code of conduct 
and a personnel evaluation system; United States membership on the 
Advisory Committee on Administrative and Budgetary Questions that 
oversees the United Nations budget; access to United Nations financial 
data by the General Accounting Office; and achievement of a negative 
growth budget and the establishment of independent inspectors general 
for affiliated organizations; and improved consultation procedures with 
the Congress: Provided further, 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 not to exceed $2,400,000 shall only be available to 
establish an international center for response to chemical, biological, 
and nuclear weapons: Provided further, That notwithstanding section 402 
of this Act, not to exceed $1,223,000 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 $431,093,000, of which 
not to exceed $23,100,000 shall remain available until expended, and of 
which not to exceed $221,000,000 shall remain available until expended 
for payment of arrearages: Provided, That none of the funds 
appropriated or otherwise made available by this Act for payment of 
arrearages may be obligated or expended unless such obligation or 
expenditure is expressly authorized by the enactment of an Act 
described in the first proviso under the heading ``Contributions to 
International Organizations'' in this title.

                       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 $6,000 for representation; as follows:

                         salaries and expenses

    For salaries and expenses, not otherwise provided for, $17,490,000.

                              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; 
$5,490,000, of which not to exceed $9,000 shall be available for 
representation expenses incurred by the International Joint Commission.

                  international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $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.

                            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, $43,400,000, 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 
educational advising and counseling, and exchange visitor program 
services: 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), $5,050,000, 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), $205,024,000, 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 $800,000, 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. 1475e) and, 
notwithstanding any other provision of law, fees from educational 
advising and counseling.

           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, 1999, 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, 1999, 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, 
$332,915,000, 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, notwithstanding any other provision of 
law, not to exceed $2,000,000 in receipts from advertising and revenue 
from business ventures, not to exceed $500,000 in receipts from 
cooperating international organizations, and not to exceed $1,000,000 
in receipts from privatization efforts of the Voice of America and the 
International Broadcasting Bureau, to remain 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), $13,245,000, 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, $12,000,000: 
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.

                    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, $30,500,000, 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 title 5, United States Code; 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 10 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 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 20 percent by any such transfers: Provided, That 
not to exceed 10 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 20 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. None of the funds made available in this Act may be used 
by the Department of State or the United States Information Agency to 
provide equipment, technical support, training, consulting services, or 
any other form of assistance to the Palestinian Broadcasting 
Corporation or similar organization.
    Sec. 404. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended to pay for any cost 
incurred for--
            (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 on 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 above the levels existing on July 11, 1995,
unless the President certifies within 60 days the following:
            (A) Based upon all information available to the United 
        States Government, the Government of the Socialist Republic of 
        Vietnam is fully cooperating in good faith 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. 405. During the current fiscal year and hereafter, the 
Secretary of State shall have discretionary authority to pay tort 
claims in the manner authorized by section 2672 of title 28, United 
States Code, when such claims arise in foreign countries in connection 
with the overseas operations of the Department of State.
    Sec. 406. None of the funds appropriated or otherwise made 
available by this Act or any other Act for fiscal year 1999 or any 
fiscal year thereafter should be expended for the operation of a United 
States consulate or diplomatic facility in Jerusalem unless such 
consulate or diplomatic facility is under the supervision of the United 
States Ambassador to Israel.
    Sec. 407. None of the funds appropriated or otherwise made 
available by this Act or any other Act for fiscal year 1999 or any 
fiscal year thereafter may be expended for the publication of any 
official Government document which lists countries and their capital 
cities unless the publication identifies Jerusalem as the capital of 
Israel.
    Sec. 408. For the purposes of the registration of birth, 
certification of nationality, or issuance of a passport of a United 
States citizen born in the city of Jerusalem, the Secretary of State 
shall, upon request of the citizen, record the place of birth as 
Israel.
    Sec. 409. (a) Waiver of Fees for Certain Visas.--
            (1) Requirement.--
                    (A) In general.--Notwithstanding any other 
                provision of law and subject to subparagraph (B), the 
                Secretary of State and the Attorney General shall waive 
                the fee for the processing of any application for the 
                issuance of a machine readable combined border crossing 
                card and nonimmigrant visa under section 101(a)(15)(B) 
                of the Immigration and Nationality Act in the case of 
                any alien under 15 years of age where the application 
                for the machine readable combined border crossing card 
                and nonimmigrant visa is made in Mexico by a citizen of 
                Mexico who has at least one parent or guardian who has 
                a visa under such section or is applying for a machine 
                readable combined border crossing card and nonimmigrant 
                visa under such section as well.
                    (B) Delayed commencement.--The Secretary of State 
                and the Attorney General may not commence 
                implementation of the requirement in subparagraph (A) 
                until the later of--
                            (i) the date that is 6 months after the 
                        date of enactment of this Act; or
                            (ii) the date on which the Secretary sets 
                        the amount of the fee or surcharge in 
                        accordance with paragraph (3).
            (2) Period of validity of visas.--
                    (A) In general.--Except as provided in subparagraph 
                (B), if the fee for a machine readable combined border 
                crossing card and nonimmigrant visa issued under 
                section 101(a)(15)(B) of the Immigration and 
                Nationality Act has been waived under paragraph (1) for 
                a child under 15 years of age, the machine readable 
                combined border crossing card and nonimmigrant visa 
                shall be issued to expire on the earlier of--
                            (i) the date on which the child attains the 
                        age of 15; or
                            (ii) ten years after its date of issue.
                    (B) Exception.--At the request of the parent or 
                guardian of any alien under 15 years of age otherwise 
                covered by subparagraph (A), the Secretary of State and 
                the Attorney General may charge a fee for the 
                processing of an application for the issuance of a 
                machine readable combined border crossing card and 
                nonimmigrant visa under section 101(a)(15)(B) of the 
                Immigration and Nationality Act provided that the 
                machine readable combined border crossing card and 
                nonimmigrant visa is issued to expire as of the same 
                date as is usually provided for visas issued under that 
                section.
            (3) Recoupment of costs resulting from waiver.--
        Notwithstanding any other provision of law, the Secretary of 
        State shall set the amount of the fee or surcharge authorized 
        pursuant to section 140(a) of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
        236; 8 U.S.C. 1351 note) for the processing of machine readable 
        combined border crossing cards and nonimmigrant visas at a 
        level that will ensure the full recovery by the Department of 
        State of the costs of processing all such combined border 
        crossing cards and nonimmigrant visas, including the costs of 
        processing such combined border crossing cards and nonimmigrant 
        visas for which the fee is waived pursuant to this subsection.
    (b) Processing in Mexican Border Cities.--The Secretary of State 
shall continue, until at least October 1, 2003, or until all border 
crossing identification cards in circulation have otherwise been 
required to be replaced under section 104(b)(3) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (as added 
by section 116(b)(2) of this Act), to process applications for visas 
under section 101(a)(15)(B) of the Immigration and Nationality Act at 
the following cities in Mexico located near the international border 
with the United States: Nogales, Nuevo Laredo, Ciudad Acuna, Piedras 
Negras, Agua Prieta, and Reynosa.
    Sec. 410. (a) The purpose of this section is to protect the 
national security interests of the United States while studying the 
appropriate level of resources to improve the issuance of visas to 
legitimate foreign travelers.
    (b) Congress recognizes the importance of maintaining quality 
service by consular officers in the processing of applications for 
nonimmigrant visas and finds that this requirement should be reflected 
in any timeliness standards or other regulations governing the issuance 
of visas.
    (c) The Secretary of State shall conduct a study to determine, with 
respect to the processing of nonimmigrant visas within the Department 
of State--
            (1) the adequacy of staffing at United States consular 
        posts, particularly during peak travel periods;
            (2) the adequacy of service to international tourism;
            (3) the adequacy of computer and technical support to 
        consular posts; and
            (4) the appropriate standard to determine whether a country 
        qualifies as a pilot program country under the visa waiver 
        pilot program in section 217 of the Immigration and Nationality 
        Act (8 U.S.C. 1187).
    (d)(1) Not later than 120 days after the date of enactment of this 
Act, the Secretary of State shall submit a report to Congress setting 
forth--
            (A) the results of the study conducted under subsection 
        (c); and
            (B) the steps the Secretary has taken to implement 
        timeliness standards.
    (2) Beginning one year after the date of submission of the report 
required by paragraph (1), and annually thereafter, the Secretary of 
State shall submit a report to Congress describing the implementation 
of timeliness standards during the preceding year.
    (e) In this section--
            (1) the term ``nonimmigrant visas'' means visas issued to 
        aliens described in section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)); and
            (2) the term ``timeliness standards'' means standards 
        governing the timely processing of applications for 
        nonimmigrant visas at United States consular posts.
    Sec. 411. Before any additional disbursement of funds may be made 
pursuant to the sixth proviso under the heading ``Contributions to 
International Organizations'' in title IV of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1998 (as contained in Public Law 105-119)--
            (1) the Secretary of State shall, in lieu of the 
        certification required under such sixth proviso, submit a 
        certification to the committees described in paragraph (2) that 
        the United Nations has taken no action during the preceding six 
        months to increase funding for any United Nations program 
        without identifying an offsetting decrease during the 6-month 
        period elsewhere in the United Nations budget and cause the 
        United Nations to exceed the reform budget of $2,533,000,000 
        for the biennium 1998-1999; and
            (2) the certification under paragraph (1) is submitted to 
        the Committees on Appropriations and Foreign Relations of the 
        Senate and the Committees on Appropriations and International 
        Relations of the House of Representatives at least 15 days in 
        advance of any disbursement of funds.
    Sec. 412. Ban on Extradition or Transfer of United States Citizens 
to the International Criminal Court. (a) Extradition.--None of the 
funds appropriated or otherwise made available by this or any other Act 
may be used to extradite a United States citizen to a foreign nation 
that is under an obligation to surrender persons to the International 
Criminal Court unless that foreign nation confirms to the United States 
that applicable prohibitions on re-extradition apply to such surrender, 
or gives other satisfactory assurances to the United States that it 
will not extradite or otherwise transfer that citizen to the 
International Criminal Court.
    (b) Consent.--None of the funds appropriated or otherwise made 
available by this or any other Act may be used to provide consent to 
the extradition or transfer of a United States citizen by a foreign 
country that is under an obligation to surrender persons to the 
International Criminal Court to a third country, unless the third 
country confirms to the United States that applicable prohibitions on 
re-extradition apply to such surrender, or gives other satisfactory 
assurances to the United States that it will not extradite or otherwise 
transfer that citizen to the International Criminal Court.
    (c) Definition.--As used in this section, the term ``International 
Criminal Court'' means the court established by agreement concluded in 
Rome on July 17, 1998.
    Sec. 413. (a) None of the funds appropriated or otherwise made 
available by this or any other Act (including prior appropriations) may 
be used for--
            (1) the payment of any representation in, or any 
        contribution to (including any assessed contribution), or 
        provision of funds, services, equipment, personnel, or other 
        support to, the International Criminal Court established by 
        agreement concluded in Rome on July 17, 1998, or
            (2) the United States proportionate share of any assessed 
        contribution to the United Nations or any other international 
        organization that is used to provide support to the 
        International Criminal Court described in paragraph (1),
unless the Senate has given its advice and consent to ratification of 
the agreement as a treaty under Article II, Section 2, Clause 2 of the 
Constitution of the United States.
    This title may be cited as the ``Department of State and Related 
Agencies Appropriations Act, 1999''.

                       TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration

                       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, $97,650,000, to remain available until expended.

                        operations and training

    For necessary expenses of operations and training activities 
authorized by law, $69,818,000: 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: Provided further, 
That, of this amount, $1,400,000 shall be available for Student 
Incentive Payments.

          maritime guaranteed loan (title xi) program account

    For the cost of guaranteed loans, as authorized by the Merchant 
Marine Act, 1936, $10,000,000, 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.

           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, $250,000, 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, $8,900,000: 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 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, $1,159,000, 
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; and 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; 
$253,580,000: 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 16) and hire of 
motor vehicles; special counsel fees; and services as authorized by 5 
U.S.C. 3109; $197,921,000, of which not to exceed $300,000 shall remain 
available until September 30, 1999, for research and policy studies: 
Provided, That $172,523,000 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 
1999 so as to result in a final fiscal year 1999 appropriation 
estimated at $25,398,000: Provided further, That any offsetting 
collections received in excess of $172,523,000 in fiscal year 1999 
shall remain available until expended, but shall not be available for 
obligation until October 1, 1999: Provided further, That any two 
stations that are primary affiliates of the same broadcast network 
within any given designated market area authorized to deliver a digital 
signal by November 1, 1998 must be guaranteed access on the same terms 
and conditions by any multichannel video provider (including off-air, 
cable and satellite distribution).

                      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 U.S.C. App. 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; $93,167,000: 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 $90,000,000 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 1999, so as to result in a final fiscal year 1999 appropriation 
from the General Fund estimated at not more than $3,167,000: Provided 
further, That the fourth proviso under the heading ``Federal Trade 
Commission, Salaries and Expenses'' in Public Law 105-119 is repealed: 
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).

                       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 $288,700,000 is for basic field programs and 
required independent audits; $300,000 is for grants for litigation 
associated with Aguilar v. United States; $2,015,000 is for the Office 
of Inspector General, of which such amounts as may be necessary may be 
used to conduct additional audits of recipients; and $8,985,000 is for 
management and administration.

         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 Certain Procedures.--Sections 1007(a)(9) and 
1011 of the Legal Services Corporation Act (42 U.S.C. 2996f(a)(9) and 
2996j) shall not apply to the provision, denial, suspension, or 
termination of any financial assistance using funds appropriated in 
this Act.
    (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 Corporation regulations, the Corporation finds, after notice 
and opportunity for the recipient to be heard, 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 Corporation, the 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 
recipient's grant or contract.
    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 1998 and 1999, 
        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 the current 
fiscal year.
    (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 the current fiscal 
year 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 Corporation. Any such action to 
debar a recipient shall be instituted after the Corporation provides 
notice and an opportunity for a hearing to the recipient.
    (b) Regulations.--The Legal Services Corporation shall promulgate 
regulations to implement this section.
    (c) Good Cause.--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 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 Public Law 104-134 (110 
        Stat. 1321-53 et seq.), section 502(a)(2) of Public Law 104-208 
        (110 Stat. 3009-59 et seq.), or section 502(a)(2) of this Act;
            (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 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.

                       Commission on Ocean Policy

                         salaries and expenses

    For the necessary expenses of the Commission on Ocean Policy, 
pursuant to S. 1213 as passed by the Senate in November 1996, 
$3,500,000, to remain available until expended: Provided, That the 
Commission shall present to the Congress with 18 months its 
recommendations for a national ocean policy.

                   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, $341,098,000, 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 sections 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)) and collected in fiscal year 1999 shall be credited to this 
account as offsetting collections: Provided further, That not to exceed 
$341,098,000 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 
1999 under this heading shall be reduced as all such offsetting fees 
are deposited to this appropriation so as to result in no fiscal year 
1999 appropriation from the General Fund.

                     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, $265,000,000: 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 $85,000,000 shall be 
available to fund grants for performance in fiscal year 1999 or fiscal 
year 2000 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), 
$10,500,000.

                     business loans program account

    For the cost of direct loans, $3,816,000, and the cost of 
guaranteed loans, $143,000,000, 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 of the funds previously made available 
under Public Law 105-135, section 507(g), for the Delta Loan program, 
up to $20,000,000 may be transferred to and merged with the 
appropriations for salaries and expenses: Provided further, That during 
fiscal year 1999, 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(d)(1)(B)(ii) of 
the Small Business Act, as amended: Provided further, That during 
fiscal year 1999, commitments for general business loans authorized 
under section 7(a) of the Small Business Act, as amended, shall not 
exceed $10,000,000,000 without prior notification of the Committees on 
Appropriations of the House of Representatives and Senate in accordance 
with section 605 of this Act.
    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, 
$94,000,000, 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 
shall be transferred to and merged with appropriations for the 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, 
$3,300,000, to remain available without fiscal year limitation as 
authorized by 15 U.S.C. 631 note.

        administrative provision--small business administration

    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 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.

                        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)), $6,850,000, 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 1999, 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 1999, 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 
$1,000,000 or 20 percent, whichever is more, that: (1) augments 
existing programs, projects, or activities; (2) reduces by 20 percent 
funding for any existing program, project, or activity, or numbers of 
personnel by 20 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. Of the funds appropriated in this Act under the heading 
``Office of Justice Programs--state and local law enforcement 
assistance'', not more than 90 percent of the amount to be awarded to 
an entity under the Local Law Enforcement Block Grant shall be made 
available to such an entity when it is made known to the Federal 
official having authority to obligate or expend such funds that the 
entity that employs a public safety officer (as such term is defined in 
section 1204 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968) does not provide such a public safety officer 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 at the time of retirement or separation as they 
received while on duty.
    Sec. 613. (a) 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 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;
            (4) 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
            (5) 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 and the Committee on Appropriations of the House of 
Representatives and the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate.
    Sec. 614. (a) None of the funds made available in this Act or any 
other Act hereafter enacted may be used to issue or renew a fishing 
permit or authorization for any fishing vessel of the United States 
greater than 165 feet in registered length, of more than 750 gross 
registered tons, or that has an engine or engines capable of producing 
more than 3,000 shaft horsepower that would allow such vessel to engage 
in fishing in any fishery within the exclusive economic zone of the 
United States (except territories), unless a certificate of 
documentation had been issued for the vessel, endorsed with a fishery 
endorsement that was effective on September 25, 1997, and endorsed with 
a fishery endorsement at all times thereafter, or unless the 
appropriate regional fishery management council recommends after the 
date the enactment of this Act, and the Secretary approves, a fishery 
management plan or amendment that specifically allows such a vessel to 
engage in such fishing.
    (b) Any fishing permit or authorization issued or renewed prior to 
the date of the enactment of this Act for a fishing vessel that exceeds 
the length, tonnage, or horsepower thresholds in subsection (a) that 
would allow such vessel to engage in fishing for any Atlantic mackerel 
or herring (or both) in the waters off the east coast of the United 
States during fiscal year 1999 shall be null and void unless the 
appropriate regional fishery management council has recommended and the 
Secretary has approved a fishery management plan or plan amendment that 
specifically allows such vessel to engage in such fishing.
    (c) The prohibition in this section shall not apply to fishing 
vessels in the menhaden fishery, which occurs primarily outside the 
exclusive economic zone of the United States.
    Sec. 615. None of the funds made available in this Act may be used 
to pay the expenses of an election officer appointed by a court to 
oversee an election of any officer or trustee for the International 
Brotherhood of Teamsters.
    Sec. 616. (a) In General.--Section 1303 of the International 
Security and Development Corporation Act of 1985 (16 U.S.C. 469j) is 
amended--
            (1) in subsection (d)(1)--
                    (A) by striking ``21'' and inserting ``15''; and
                    (B) by striking ``7'' each place it appears and 
                inserting ``5''; and
            (2) in subsection (e), by striking ``three'' and inserting 
        ``six''.
    (b) Savings Provision.--The enactment of the amendments made by 
paragraph (1) of subsection (a) shall not require any person appointed 
as a member of the Commission for the Preservation of America's 
Heritage Abroad before the date of enactment of this Act to terminate 
his or her service prior to the expiration of his or her current term 
of service.
    Sec. 617. Japan-United States Friendship Commission. (a) Relief 
From Restriction of Interchangeability of Funds.--Section 6(4) of the 
Japan-United States Friendship Act (22 U.S.C. 2905(4)) is amended by 
striking ``needed, except'' and all that follows through ``United 
States'' and inserting ``needed''.
    (b) The second sentence of section 7(b) of the Japan-United States 
Friendship Act (22 U.S.C. 2906(b)) is amended to read as follows: 
``Such investment may be made in only interest-bearing obligations of 
the United States, in obligations guaranteed as to both principal and 
interest by the United States, in interest-bearing obligations of 
Japan, or in obligations guaranteed as to both principal and interest 
by Japan.''.
    Sec. 618. Study on Internet Access and Communications and the 
Taxation of the Internet. (a) Definitions.--In this section:
            (1) Internet.--The term ``Internet'' has the meaning 
        provided that term in section 230(e)(1) of the Communications 
        Act of 1934 (47 U.S.C. 230(e)(1)).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
    (b) Study and Report.--
            (1) In general.--Not later than March 1, 1999, the 
        Secretary, in consultation with the Secretary of State and the 
        Secretary of the Treasury, shall conduct a study under this 
        section and submit to the Committee on Appropriations a report 
        on the results of the study.
            (2) Contents of study.--The study conducted by the 
        Secretary under this section shall examine--
                    (A) the taxation of the Internet by States and 
                political subdivisions thereof;
                    (B) access to the Internet; and
                    (C) communications and transactions conducted 
                through the Internet.
            (3) Effects of taxation.--With respect to the taxation of 
        the Internet, the study conducted by the Secretary under this 
        section shall examine the extent to which--
                    (A) that taxation may impede the progress and 
                development of the Internet; and
                    (B) the effect that taxation may have with respect 
                to the efforts of the President to keep the Internet 
                free of discriminatory taxes on an international level.
    Sec. 619. (a) Purpose.--The purpose of this section is to allow for 
the investment of joint Federal and State funds from the civil 
settlement of damages from the Exxon Valdez oil spill.
    (b) Investment of Joint Trust Funds.--Notwithstanding any other 
provision of law, upon the joint motion of the United States and the 
State of Alaska and the issuance of an appropriate order by the United 
States District Court for the District of Alaska, the joint trust funds 
or any portion thereof, including any interest accrued thereon, 
previously received or to be received by the United States and the 
State of Alaska pursuant to the Agreement and Consent Decree issued in 
United States v. Exxon Corporation, et al. (No. A91-082 CIV) and State 
of Alaska v. Exxon Corporation, et al. (No. A91-083 CIV) (hereafter 
referred to as the ``Consent Decree''), may be deposited in appropriate 
accounts outside the Court Registry, including the Natural Resource 
Damage Assessment and Restoration Fund (hereafter referred to as the 
``Fund'') established in title I of the Department of the Interior and 
Related Agencies Appropriations Act, 1992 (Public Law 102-154, 43 
U.S.C. 1474b) and such accounts outside the United States Treasury 
consisting of income-producing obligations and other instruments or 
securities of a type or class that have been determined unanimously by 
the Federal and State natural resource trustees for the Exxon Valdez 
oil spill to have a high degree of reliability and security: Provided, 
That any joint trust funds in the Fund and any such outside accounts 
that have been approved unanimously by the trustees for expenditure by 
or through a State or Federal agency shall be transferred promptly from 
the Fund and such outside accounts to the State or United States upon 
the joint request of the governments: Provided further, That the 
transfer of joint trust funds outside the Court Registry shall not 
affect the supervisory jurisdiction of such District Court under the 
Consent Decree or the Memorandum of Agreement and Consent Decree in 
United States v. State of Alaska (No. A91-081-CIV) over all 
expenditures of the joint trust funds: Provided further, That nothing 
herein shall affect the requirement of section 207 of the Dire 
Emergency Supplemental Appropriations and Transfers for Relief From the 
Effects of Natural Disasters, for Other Urgent Needs, and for the 
Incremental Cost of ``Operation Desert Shield/Desert Storm'' Act of 
1992 (Public Law 102-229, 42 U.S.C. 1474b note) that amounts received 
by the United States and designated by the trustees for the expenditure 
by or through a Federal agency must be deposited into the Fund: 
Provided further, That any interest accrued under the authority in this 
section may be used only for grants for marine research and monitoring 
(including applied fisheries research) and for community and economic 
restoration projects (including projects proposed by the fishing 
industry and facilities): Provided further, That the Federal trustees 
are hereby authorized to administer such grants: Provided further, That 
the authority provided in this section shall expire on September 30, 
2002, unless by September 30, 2001 the trustees have submitted to the 
Congress legislation to establish a board to administer funds invested, 
interest received, and grants awarded from such interest.
    Sec. 620. None of the funds appropriated pursuant to this Act or 
any other provision of law may be used for (1) any system to implement 
18 U.S.C. 922(t) that does not require and result in the immediate 
destruction of all information, in any form whatsoever, submitted by or 
on behalf of any person who has been determined not to be prohibited 
from owning a firearm; (2) the implementation of any tax or fee in 
connection with the implementation of 18 U.S.C. 922(t): Provided, That 
any person aggrieved by a violation of this provision may bring an 
action in the Federal district court for the district in which the 
person resides: Provided further, That any person who is successful 
with respect to any such action shall receive damages, punitive 
damages, and such other remedies as the court may determine to be 
appropriate, including a reasonable attorney's fee. The provisions of 
this section shall become effective upon enactment of this Act.
    Sec. 621. Sense of the Senate on the Budget and Social Security. 
(a) Findings.--The Senate finds that--
            (1) the Social Security system provides benefits to 
        44,000,000 Americans, including 27,300,000 retirees, over 
        4,500,000 people with disabilities, 3,800,000 surviving 
        children and 8,400,000 surviving adults, and is essential to 
        the dignity and security of the Nation's elderly and disabled;
            (2) the Trustees of the Federal Old-Age and Survivors 
        Insurance and Disability Insurance Trust Funds have reported to 
        the Congress that the ``total income'' of the Social Security 
        system ``is estimated to fall short of expenditures beginning 
        in 2021 and in each year thereafter . . . until the assets of 
        the combined trust funds are exhausted in 2032'';
            (3) intergenerational fairness, honest accounting 
        principles, prudent budgeting, and sound economic policy all 
        require saving Social Security first, in order that the Nation 
        may better afford the retirement of the baby boom generation, 
        beginning in 2010;
            (4) in reforming Social Security in 1983, the Congress 
        intended that near-term Social Security trust fund surpluses be 
        used to prefund the retirement of the baby boom generation;
            (5) in his State of the Union message to the joint session 
        of Congress on January 27, 1998, President Clinton called on 
        the Congress to ``save Social Security first'' and to ``reserve 
        one hundred percent of the surplus, that is any penny of any 
        surplus, until we have taken all the necessary measures to 
        strengthen the Social Security system for the twenty-first 
        century'';
            (6) saving Social Security first would work to expand 
        national savings, reduce interest rates, enhance private 
        investment, increase labor productivity, and boost economic 
        growth;
            (7) section 13301 of the Budget Enforcement Act of 1990 
        expressly forbids counting Social Security trust fund surpluses 
        as revenue available to balance the budget; and
            (8) the Congressional Budget Office has estimated that the 
        unified budget surplus will reach nearly $1,500,000,000,000 
        over the next ten years.
    (b) Sense of the Senate.--It is the sense of the Senate that 
Congress and the President should--
            (1) continue to rid our country of debt and work to balance 
        the budget without counting Social Security trust fund 
        surpluses;
            (2) work in a bipartisan way on specific legislation to 
        reform the Social Security system, to ensure that it is 
        financially sound over the long term and will be available for 
        all future generations;
            (3) save Social Security first; and
            (4) return all remaining surpluses to American taxpayers.
    Sec. 622. Report by the Judicial Conference. (a) Not later than 
September 1, 1999, the Judicial Conference of the United States shall 
prepare and submit to the Committees on Appropriations of the Senate 
and of the House of Representatives, and to the Committees on the 
Judiciary of the Senate and the House of Representatives, a report 
evaluating whether an amendment to Rule 6 of the Federal Rules of 
Criminal Procedure permitting the presence in the grand jury room of 
counsel for a witness who is testifying before the grand jury would 
further the interests of justice and law enforcement.
    (b) In preparing the report referred to in subsection (a) of this 
section the Judicial Conference shall consider the views of the 
Department of Justice, the organized Bar, the academic legal community, 
and other interested parties.
    (c) Nothing in this section shall require the Judicial Conference 
to submit recommendations to the Congress in accordance with the Rules 
Enabling Act, nor prohibit the Conference from doing so.
    Sec. 623. Policies Relating to Federalism. It is the sense of the 
Senate that the President should repeal Executive Order No. 13083, 
issued May 14, 1998 and should reissue Executive Order No. 12612, 
issued October 26, 1987, and Executive Order No. 12875, issued October 
26, 1993.
    Sec. 624. Prohibition on Internet Gambling. (a) Short Title.--This 
section may be cited as the ``Internet Gambling Prohibition Act of 
1998''.
    (b) Definitions.--Section 1081 of title 18, United States Code, is 
amended--
            (1) in the matter immediately following the colon, by 
        designating the first 5 undesignated paragraphs as paragraphs 
        (1) through (5), respectively, and indenting each paragraph 2 
        ems to the right; and
            (2) by adding at the end the following:
            ``(6) Bets or wagers.--The term `bets or wagers'--
                    ``(A) means the staking or risking by any person of 
                something of value upon the outcome of a contest of 
                others, sporting event of others, or of any game of 
                chance, upon an agreement or understanding that the 
                person or another person will receive something of 
                value based on that outcome;
                    ``(B) includes the purchase of a chance or 
                opportunity to win a lottery or other prize (which 
                opportunity to win is predominantly subject to chance);
                    ``(C) includes any scheme of a type described in 
                section 3702 of title 28, United States Code; and
                    ``(D) does not include--
                            ``(i) a bona fide business transaction 
                        governed by the securities laws (as that term 
                        is defined in section 3(a)(47) of the 
                        Securities Exchange Act of 1934 (15 U.S.C. 
                        78c(a)(47))) for the purchase or sale at a 
                        future date of securities (as that term is 
                        defined in section 3(a)(10) of the Securities 
                        Exchange Act of 1934 (15 U.S.C. 78c(a)(10)));
                            ``(ii) a transaction on or subject to the 
                        rules of a contract market designated pursuant 
                        to section 5 of the Commodity Exchange Act (7 
                        U.S.C. 7);
                            ``(iii) a contract of indemnity or 
                        guarantee;
                            ``(iv) a contract for life, health, or 
                        accident insurance; or
                            ``(v) participation in a game or contest, 
                        otherwise lawful under applicable Federal or 
                        State law--
                                    ``(I) that, by its terms or rules, 
                                is not dependent on the outcome of any 
                                single sporting event, any series or 
                                sporting events, any tournament, or the 
                                individual performance of 1 or more 
                                athletes or teams in a single sporting 
                                event;
                                    ``(II) in which the outcome is 
                                determined by accumulated statistical 
                                results of games or contests involving 
                                the performances of amateur or 
                                professional athletes or teams; and
                                    ``(III) in which the winner or 
                                winners may receive a prize or award;
                        (otherwise know as a `fantasy sport league' or 
                        a `rotisserie league') if such participation is 
                        without charge to the participant or any charge 
                        to a participant is limited to a reasonable 
                        administrative fee.
            ``(7) Foreign jurisdiction.--The term `foreign 
        jurisdiction' means a jurisdiction of a foreign country or 
        political subdivision thereof.
            ``(8) Information assisting in the placing of a bet or 
        wager.--The term `information assisting in the placing of a bet 
        or wager'--
                    ``(A) means information that is intended by the 
                sender or recipient to be used by a person engaged in 
                the business of betting or wagering to accept or place 
                a bet or wager; and
                    ``(B) does not include--
                            ``(i) information concerning parimutuel 
                        pools that is exchanged between or among 1 or 
                        more racetracks or other parimutuel wagering 
                        facilities licensed by the State or approved by 
                        the foreign jurisdiction in which the facility 
                        is located, and 1 or more parimutuel wagering 
                        facilities licensed by the State or approved by 
                        the foreign jurisdiction in which the facility 
                        is located, if that information is used only to 
                        conduct common pool parimutuel pooling under 
                        applicable law;
                            ``(ii) information exchanged between or 
                        among 1 or more racetracks or other parimutuel 
                        wagering facilities licensed by the State or 
                        approved by the foreign jurisdiction in which 
                        the facility is located, and a support service 
                        located in another State or foreign 
                        jurisdiction, if the information is used only 
                        for processing bets or wagers made with that 
                        facility under applicable law;
                            ``(iii) information exchanged between or 
                        among 1 or more wagering facilities that are 
                        located within a single State and are licensed 
                        and regulated by that State, and any support 
                        service, wherever located, if the information 
                        is used only for the pooling or processing of 
                        bets or wagers made by or with the facility or 
                        facilities under applicable State law;
                            ``(iv) any news reporting or analysis of 
                        wagering activity, including odds, racing or 
                        event results, race and event schedules, or 
                        categories of wagering; or
                            ``(v) any posting or reporting of any 
                        educational information on how to make a bet or 
                        wager or the nature of betting or wagering.''.
    (c) Prohibition on Internet Gambling.--
            (1) In general.--Chapter 50 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 1085. Internet gambling
    ``(a) Definitions.--In this section:
            ``(1) Closed-loop subscriber-based service.--The term 
        `closed-loop subscriber-based service' means any information 
        service or system that uses--
                    ``(A) a device or combination of devices--
                            ``(i) expressly authorized and operated in 
                        accordance with the laws of a State for the 
                        purposes described in subsection (e); and
                            ``(ii) by which a person located within a 
                        State must subscribe to be authorized to place, 
                        receive, or otherwise make a bet or wager, and 
                        must be physically located within that State in 
                        order to be authorized to do so;
                    ``(B) a customer verification system to ensure that 
                all applicable Federal and State legal and regulatory 
                requirements for lawful gambling are met; and
                    ``(C) appropriate data security standards to 
                prevent unauthorized access.
            ``(2) Gambling business.--The term `gambling business' 
        means a business that is conducted at a gambling establishment, 
        or that--
                    ``(A) involves--
                            ``(i) the placing, receiving, or otherwise 
                        making of bets or wagers; or
                            ``(ii) offers to engage in placing, 
                        receiving, or otherwise making bets or wagers;
                    ``(B) involves 1 or more persons who conduct, 
                finance, manage, supervise, direct, or own all or part 
                of such business; and
                    ``(C) has been or remains in substantially 
                continuous operation for a period in excess of 10 days 
                or has a gross revenue of $2,000 or more during any 24-
                hour period.
            ``(3) Interactive computer service.--The term `interactive 
        computer service' means any information service, system, or 
        access software provider that uses a public communication 
        infrastructure or operates in interstate or foreign commerce to 
        provide or enable computer access by multiple users to a 
        computer server, including specifically a service or system 
        that provides access to the Internet.
            ``(4) Internet.--The term `Internet' means the 
        international computer network of both Federal and non-Federal 
        interoperable packet switched data networks.
            ``(5) Person.--The term `person' means any individual, 
        association, partnership, joint venture, corporation, State or 
        political subdivision thereof, department, agency, or 
        instrumentality of a State or political subdivision thereof, or 
        any other government, organization, or entity.
            ``(6) Private network.--The term `private network' means a 
        communications channel or channels, including voice or computer 
        data transmission facilities, that use either--
                    ``(A) private dedicated lines; or
                    ``(B) the public communications infrastructure, if 
                the infrastructure is secured by means of the 
                appropriate private communications technology to 
                prevent unauthorized access.
            ``(7) State.--The term `State' means a State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, or a commonwealth, territory, or possession of the United 
        States.
    ``(b) Gambling.--
            ``(1) Prohibition.--Subject to subsection (e), it shall be 
        unlawful for a person knowingly to use the Internet or any 
        other interactive computer service--
                    ``(A) to place, receive, or otherwise make a bet or 
                wager with any person; or
                    ``(B) to send, receive, or invite information 
                assisting in the placing of a bet or wager with the 
                intent to send, receive, or invite information 
                assisting in the placing of a bet or wager.
            ``(2) Penalties.--A person who violates paragraph (1) shall 
        be--
                    ``(A) fined in an amount that is not more than the 
                greater of--
                            ``(i) three times the greater of--
                                    ``(I) the total amount that the 
                                person is found to have wagered through 
                                the Internet or other interactive 
                                computer service; or
                                    ``(II) the total amount that the 
                                person is found to have received as a 
                                result of such wagering; or
                            ``(ii) $500;
                    ``(B) imprisoned not more than 3 months; or
                    ``(C) both.
    ``(c) Gambling Businesses.--
            ``(1) Prohibition.--Subject to subsection (e), it shall be 
        unlawful for a person engaged in a gambling business knowingly 
        to use the Internet or any other interactive computer service--
                    ``(A) to place, receive, or otherwise make a bet or 
                wager; or
                    ``(B) to send, receive, or invite information 
                assisting in the placing of a bet or wager.
            ``(2) Penalties.--A person engaged in a gambling business 
        who violates paragraph (1) shall be--
                    ``(A) fined in an amount that is not more than the 
                greater of--
                            ``(i) the amount that such person received 
                        in bets or wagers as a result of engaging in 
                        that business in violation of this subsection; 
                        or
                            ``(ii) $20,000;
                    ``(B) imprisoned not more than 4 years; or
                    ``(C) both.
    ``(d) Permanent Injunctions.--Upon conviction of a person under 
this section, the court may, as an additional penalty, enter a 
permanent injunction enjoining the transmission of bets or wagers or 
information assisting in the placing of a bet or wager.
    ``(e) Exceptions.--
            ``(1) In general.--Subject to paragraph (2), the 
        prohibitions in this section shall not apply to any--
                    ``(A) otherwise lawful bet or wager that is placed, 
                received, or otherwise made wholly intrastate for a 
                State lottery or a racing or parimutuel activity, or a 
                multi-State lottery operated jointly between 2 or more 
                States in conjunction with State lotteries, (if the 
                lottery or activity is expressly authorized, and 
                licensed or regulated, under applicable Federal or 
                State law) on--
                            ``(i) an interactive computer service that 
                        uses a private network, if each person placing 
                        or otherwise making that bet or wager is 
                        physically located at a facility that is open 
                        to the general public; or
                            ``(ii) a closed-loop subscriber-based 
                        service that is wholly intrastate; or
                    ``(B) otherwise lawful bet or wager for class II or 
                class III gaming (as defined in section 4 of the Indian 
                Gaming Regulatory Act (25 U.S.C. 2703)) that is placed, 
                received, or otherwise made on a closed-loop 
                subscriber-based service or an interactive computer 
                service that uses a private network, if--
                            ``(i) each person placing, receiving, or 
                        otherwise making that bet or wager is 
                        physically located on Indian land; and
                            ``(ii) all games that constitute class III 
                        gaming are conducted in accordance with an 
                        applicable Tribal-State compact entered into 
                        under section 11(d) of the Indian Gaming 
                        Regulatory Act (25 U.S.C. 2701(d)) by a State 
                        in which each person placing, receiving, or 
                        otherwise making that bet or wager is 
                        physically located.
            ``(2) Inapplicability of exception to bets or wagers made 
        by agents or proxies.--An exception under subparagraph (A) or 
        (B) of paragraph (1) shall not apply in any case in which a bet 
        or wager is placed, received, or otherwise made by the use of 
        an agent or proxy using the Internet or an interactive computer 
        service. Nothing in this paragraph shall be construed to 
        prohibit the owner operator of a parimutuel wagering facility 
        that is licensed by a State from employing an agent in the 
        operation of the account wagering system owned or operated by 
        the parimutuel facility.
    ``(f) State Law.--Nothing in this section shall be construed to 
create immunity from criminal prosecution or civil liability under the 
law of any State.''.
            (2) Technical amendment.--The analysis for chapter 50 of 
        title 18, United States Code, is amended by adding at the end 
        the following:

``1085. Internet gambling.''.
    (d) Civil Remedies.--
            (1) In general.--The district courts of the United States 
        shall have original and exclusive jurisdiction to prevent and 
        restrain violations of section 1085 of title 18, United States 
        Code, as added by this section, by issuing appropriate orders.
            (2) Proceedings.--
                    (A) Institution by federal government.--The United 
                States may institute proceedings under this section. 
                Upon application of the United States, the district 
                court may enter a temporary restraining order or an 
                injunction against any person to prevent a violation of 
                section 1085 of title 18, United States Code, as added 
                by this section, if the court determines, after notice 
                and an opportunity for a hearing, that there is a 
                substantial probability that such violation has 
                occurred or will occur.
                    (B) Institution by state attorney general.--
                            (i) In general.--Subject to subclause (ii), 
                        the attorney general of a State (or other 
                        appropriate State official) in which a 
                        violation of section 1085 of title 18, United 
                        States Code, as added by this section, is 
                        alleged to have occurred, or may occur, after 
                        providing written notice to the United States, 
                        may institute proceedings under this 
                        subsection. Upon application of the attorney 
                        general (or other appropriate State official) 
                        of the affected State, the district court may 
                        enter a temporary restraining order or an 
                        injunction against any person to prevent a 
                        violation of section 1085 of title 18, United 
                        States Code, as added by this section, if the 
                        court determines, after notice and an 
                        opportunity for a hearing, that there is a 
                        substantial probability that such violation has 
                        occurred or will occur.
                            (ii) Indian lands.--With respect to a 
                        violation of section 1085 of title 18, United 
                        States Code, as added by this section, that is 
                        alleged to have occurred, or may occur, on 
                        Indian lands (as defined in section 4 of the 
                        Indian Gaming Regulatory Act (25 U.S.C. 2703)), 
                        the enforcement authority under clause (i) 
                        shall be limited to the remedies under the 
                        Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
                        seq.), including any applicable Tribal-State 
                        compact negotiated under section 11 of that Act 
                        (25 U.S.C. 2710).
                    (C) Orders and injunctions against internet service 
                providers.--Notwithstanding subparagraph (A) or (B), 
                the following rules shall apply in any proceeding 
                instituted under this paragraph in which application is 
                made for a temporary restraining order or an injunction 
                against an interactive computer service:
                            (i) Scope of relief.--
                                    (I) If the violation of section 
                                1085 of title 18, United States Code, 
                                originates with a customer of the 
                                interactive computer service's system 
                                or network, the court may require the 
                                service to terminate the specified 
                                account or accounts of the customer, or 
                                of any readily identifiable successor 
                                in interest, who is using such service 
                                to place, receive or otherwise make a 
                                bet or wager, engage in a gambling 
                                business, or to initiate a transmission 
                                that violates such section 1085.
                                    (II) Any other relief ordered by 
                                the court shall be technically feasible 
                                for the system or network in question 
                                under current conditions, reasonably 
                                effective in preventing a violation of 
                                section 1085, of title 18, United 
                                States Code, and shall not unreasonably 
                                interfere with access to lawful 
                                material at other online locations.
                                    (III) No relief shall issue under 
                                clause (i)(II) if the interactive 
                                computer service demonstrates, after an 
                                opportunity to appear at a hearing, 
                                that such relief is not economically 
                                reasonable for the system or network in 
                                question under current conditions.
                            (ii) Considerations.--In the case of an 
                        application for relief under clause (i)(II), 
                        the court shall consider, in addition to all 
                        other factors that the court shall consider in 
                        the exercise of its equitable discretion, 
                        whether--
                                    (I) such relief either singularly 
                                or in combination with such other 
                                injunctions issued against the same 
                                service under this paragraph, would 
                                seriously burden the operation of the 
                                service's system or network compared 
                                with other comparably effective means 
                                of preventing violations of section 
                                1085 of title 18, United States Code;
                                    (II) in the case of an application 
                                for a temporary restraining order or an 
                                injunction to prevent a violation of 
                                section 1085 of title 18, United States 
                                Code, by a gambling business (as is 
                                defined in such section 1085) located 
                                outside the United States, the relief 
                                is more burdensome to the service than 
                                taking comparably effective steps to 
                                block access to specific, identified 
                                sites used by the gambling business 
                                located outside the United States; and
                                    (III) in the case of an application 
                                for a temporary restraining order or an 
                                injunction to prevent a violation of 
                                section 1085 of title 18, United States 
                                Code, as added by this section, 
                                relating to material or activity 
                                located within the United States, 
                                whether less burdensome, but comparably 
                                effective means are available to block 
                                access by a customer of the service's 
                                system or network to information or 
                                activity that violates such section 
                                1085.
                            (iii) Findings.--In any order issued by the 
                        court under this paragraph, the court shall set 
                        forth the reasons for its issuance, shall be 
                        specific in its terms, and shall describe in 
                        reasonable detail, and not by reference to the 
                        complaint or other document, the act or acts 
                        sought to be restrained and the general steps 
                        to be taken to comply with the order.
                    (D) Expiration.--Any temporary restraining order or 
                preliminary injunction entered pursuant to this 
                paragraph shall expire if, and as soon as, the United 
                States, or the attorney general (or other appropriate 
                State official) of the State, as applicable, notifies 
                the court that issued the injunction that the United 
                States or the State, as applicable, will not seek a 
                permanent injunction.
            (3) Expedited proceedings.--
                    (A) In general.--In addition to proceedings under 
                paragraph (2), a district court may enter a temporary 
                restraining order against a person alleged to be in 
                violation of section 1085 of title 18, United States 
                Code, as added by this section, upon application of the 
                United States under paragraph (2)(A), or the attorney 
                general (or other appropriate State official) of an 
                affected State under paragraph (2)(B), without notice 
                and the opportunity for a hearing, if the United States 
                or the State, as applicable, demonstrates that there is 
                probable cause to believe that the transmission at 
                issue violates section 1085 of title 18, United States 
                Code, as added by this section.
                    (B) Expiration.--A temporary restraining order 
                entered under this paragraph shall expire on the 
                earlier of--
                            (i) the expiration of the 30-day period 
                        beginning on the date on which the order is 
                        entered; or
                            (ii) the date on which a preliminary 
                        injunction is granted or denied.
                    (C) Hearings.--A hearing requested concerning an 
                order entered under this paragraph shall be held at the 
                earliest practicable time.
            (4) Rule of construction.--In the absence of fraud or bad 
        faith, no interactive computer service (as defined in section 
        1085(a) of title 18, United States Code, as added by this 
        section) shall be liable for any damages, penalty, or 
        forfeiture, civil or criminal, for a reasonable course of 
        action taken to comply with a court order issued under 
        paragraph (2) or (3) of this subsection.
            (5) Protection of privacy.--Nothing in this section or the 
        amendments made by this section shall be construed to authorize 
        an affirmative obligation on an interactive computer service--
                    (A) to monitor use of its service; or
                    (B) except as required by an order of a court, to 
                access, remove or disable access to material where such 
                material reveals conduct prohibited by this section and 
                the amendments made by this section.
            (6) No effect on other remedies.--Nothing in this 
        subsection shall be construed to affect any remedy under 
        section 1084 or 1085 of title 18, United States Code, as 
        amended by this section, or under any other Federal or State 
        law. The availability of relief under this subsection shall not 
        depend on, or be affected by, the initiation or resolution of 
        any action under section 1084 or 1085 of title 18, United 
        States Code, as amended by this section, or under any other 
        Federal or State law.
            (7) Continuous jurisdiction.--The court shall have 
        continuous jurisdiction under this subsection to enforce 
        section 1085 of title 18, United States Code, as added by this 
        section.
    (e) Report on Enforcement.--Not later than 3 years after the date 
of enactment of this Act, the Attorney General shall submit a report to 
Congress that includes--
            (1) an analysis of the problems, if any, associated with 
        enforcing section 1085 of title 18, United States Code, as 
        added by this section;
            (2) recommendations for the best use of the resources of 
        the Department of Justice to enforce that section; and
            (3) an estimate of the amount of activity and money being 
        used to gamble on the Internet.
    (f) Report on Costs.--Not later than 3 years after the date of 
enactment of this Act, the Secretary of Commerce shall submit a report 
to Congress that includes--
            (1) an analysis of existing and potential methods or 
        technologies for filtering or screening transmissions in 
        violation of section 1085 of title 18, United States Code, as 
        added by this section, that originate outside of the 
        territorial boundaries of any State or the United States;
            (2) a review of the effect, if any, on interactive computer 
        services of any court ordered temporary restraining orders or 
        injunctions imposed on those services under this section;
            (3) a calculation of the cost to the economy of illegal 
        gambling on the Internet, and other societal costs of such 
        gambling; and
            (4) an estimate of the effect, if any, on the Internet 
        caused by any court ordered temporary restraining orders or 
        injunctions imposed under this section.
    (g) Severability.--If any provision of this section, an amendment 
made by this section, or the application of such provision or amendment 
to any person or circumstance is held to be unconstitutional, the 
remainder of this section, the amendments made by this section, and the 
application of the provisions of such to any person or circumstance 
shall not be affected thereby.
    Sec. 625. Sense of the Senate Regarding Japan's Recession. (a) 
Findings.--Congress makes the following findings:
            (1) The United States and Japan share common goals of 
        peace, stability, democracy, and economic prosperity in East 
        and Southeast Asia and around the world.
            (2) Japan's economic and financial crisis represents a new 
        challenge to United States-Japanese cooperation to achieve 
        these common goals and threatens the economic stability of East 
        and Southeast Asia and the United States.
            (3) A strong United States-Japanese alliance is critical to 
        stability in East and Southeast Asia.
            (4) The importance of the United States-Japanese alliance 
        was reaffirmed by the President of the United States and the 
        Prime Minister of Japan in the April 1996 Joint Security 
        Declaration.
            (5) United States-Japanese bilateral military cooperation 
        was enhanced with the revision of the United States Guidelines 
        for Defense Cooperation in 1997.
            (6) The Japanese economy, the second largest in the world 
        and over 2 times larger than the economy in the rest of East 
        Asia, has been growing at a little over 1 percent annually 
        since 1991 and is currently in a recession with some forecasts 
        suggesting that it will contract by 1.5 percent in 1998.
            (7) The estimated $574,000,000,000 of problem loans in 
        Japan's banking sector and other problems associated with an 
        unstable banking sector remain the major roadblock to economic 
        recovery in Japan.
            (8) The recent weakness in the yen, following a 10 percent 
        depreciation of the yen against the dollar over the last 5 
        months and a 45 percent depreciation since 1995, has placed 
        competitive price pressures on United States industries and 
        workers and is putting downward pressure on China and the rest 
        of the economies in East and Southeast Asia to begin another 
        round of competitive currency devaluations.
            (9) Japan's current account surplus has increased by 60 
        percent over the last 12 months from 71,579,000,000 yen in 1996 
        to 114,357,000,000 yen in 1997.
            (10) A period of deflation in Japan would lead to lower 
        demand for United States products.
            (11) The unnecessary and burdensome regulation of the 
        Japanese market constrains Japanese economic growth and raises 
        costs to business and consumers.
            (12) Deregulating Japan's economy and spurring economic 
        growth would ultimately benefit the Japanese people with a 
        higher standard of living and a more secure future.
            (13) Japan's economic recession is slowing the growth of 
        the United States gross domestic product and job creation in 
        the United States.
            (14) Japan has made significant efforts to restore economic 
        growth with a 16,000,000,000,000 yen stimulus package that 
        includes 4,500,000,000,000 yen in tax cuts and 
        11,500,000,000,000 yen in government spending, a Total Plan to 
        restore stability to the private banking sector, and joint 
        intervention with the United States to strengthen the value of 
        the yen in international currency markets.
            (15) The people of Japan expressed deep concern about 
        economic conditions and government leadership in the Upper 
        House elections held on July 12, 1998.
            (16) The Prime Minister of Japan tendered his resignation 
        on July 13, 1998, to take responsibility for the Liberal 
        Democratic Party's poor election results and to acknowledge the 
        desire of the people of Japan for new leadership to restore 
        economic stability.
            (17) Japan's economic recession is having an adverse effect 
        on the economy of the United States and is now seriously 
        threatening the 9 years of unprecedented economic expansion in 
        the United States.
            (18) Japan's economic recession is having an adverse effect 
        on the recovery of the East and Southeast Asian economies.
            (19) The American people and the countries of East and 
        Southeast Asia are looking for a demonstration of Japanese 
        leadership and close United States-Japanese cooperation in 
        resolving Japan's economic crisis.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) the President, the Secretary of the Treasury, and the 
        United States Trade Representative should emphasize the 
        importance of financial deregulation, including banking reform, 
        market deregulation, and restructuring bad bank debt as 
        fundamental to Japan's economic recovery; and
            (2) the President, the Secretary of the Treasury, the 
        United States Trade Representative, the Secretary of Commerce, 
        and the Secretary of State should communicate to the Japanese 
        Government that the first priority of the new Prime Minister of 
        Japan and his Cabinet should be to restore economic growth in 
        Japan and promote stability in international financial markets.
    Sec. 626. (a) Add the following at the end of section 1153(b)(5)(C) 
of title 8, United States Code:
                            ``(iv) Definition.--
                                    ``(I) As used in this subsection 
                                the term `capital' means cash, 
                                equipment, inventory, other tangible 
                                property, and cash equivalents, but 
                                shall not include indebtedness. Nothing 
                                in this subsection shall be construed 
                                to exclude documents, such as binding 
                                contracts, as evidence that a 
                                petitioner is in the process of 
                                investing capital as long as the 
                                capital is not in the form of 
                                indebtedness with a payback period that 
                                exceeds 21 months.
                                    ``(II) Assets acquired, directly or 
                                indirectly, by unlawful means (such as 
                                criminal activities) shall not be 
                                considered capital for the purposes of 
                                this subsection. A petitioner's sworn 
                                declaration concerning lawful sources 
                                of capital shall constitute presumptive 
                                proof of lawful sources for the 
                                purposes of this subsection, although 
                                nothing herein shall preclude further 
                                inquiry, prior to approval of 
                                conditional lawful permanent resident 
                                status.''.
    (b) This section shall not apply to any application filed prior to 
July 23, 1998.
    Sec. 627. (a) Requirement.--Section 230 of the Communications Act 
of 1934 (47 U.S.C. 230) is amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Obligations of Internet Access Providers.--
            ``(1) In general.--An Internet access provider shall, at 
        the time of entering into an agreement with a customer for the 
        provision of Internet access services, offer such customer 
        (either for a fee or at no charge) screening software that is 
        designed to permit the customer to limit access to material on 
        the Internet that is harmful to minors.
            ``(2) Definitions.--As used in this subsection:
                    ``(A) Internet access provider.--The term `Internet 
                access provider' means a person engaged in the business 
                of providing a computer and communications facility 
                through which a customer may obtain access to the 
                Internet, but does not include a common carrier to the 
                extent that it provides only telecommunications 
                services.
                    ``(B) Internet access services.--The term `Internet 
                access services' means the provision of computer and 
                communications services through which a customer using 
                a computer and a modem or other communications device 
                may obtain access to the Internet, but does not include 
                telecommunications services provided by a common 
                carrier.
                    ``(C) Screening software.--The term `screening 
                software' means software that is designed to permit a 
                person to limit access to material on the Internet that 
                is harmful to minors.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply to agreements for the provision of Internet access services 
entered into on or after the date that is 6 months after the date of 
enactment of this Act.
    Sec. 628. Report on Korean Steel Subsidies. (a) In General.--Not 
later than 60 days after the date of enactment of this Act, the United 
States Trade Representative (in this section referred to as the ``Trade 
Representative'') shall report to Congress on the Trade 
Representative's analysis regarding--
            (1) whether the Korean Government provided subsidies to 
        Hanbo Steel;
            (2) whether such subsidies had an adverse effect on United 
        States companies;
            (3) the status of the Trade Representative's contacts with 
        the Korean Government with respect to industry concerns 
        regarding Hanbo Steel and efforts to eliminate subsidies; and
            (4) the status of the Trade Representative's contacts with 
        other Asian trading partners regarding the adverse effect of 
        Korean steel subsidies on such trading partners.
    (b) Status of Investigation.--The report described in subsection 
(a) shall also include information on the status of any investigations 
initiated as a result of press reports that the Korean Government 
ordered Pohang Iron and Steel Company, in which the Government owns a 
controlling interest, to sell steel in Korea at a price that is 30 
percent lower than the international market prices.
    Sec. 629. Notwithstanding any other provision of law, no funds 
appropriated or otherwise made available for fiscal year 1999 by this 
Act or any other Act may be obligated or expended for purposes of 
enforcing any rule or regulation requiring the installation or 
operation aboard United States fishing industry vessels of the Global 
Maritime Distress and Safety System (GMDSS).
    Sec. 630. Agricultural Export Controls. The International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.) is amended--
            (1) by redesignating section 208 as section 209; and
            (2) by inserting after section 207 the following new 
        section:

``SEC. 208. AGRICULTURAL CONTROLS.

    ``(a) In General.--
            ``(1) Report to congress.--If the President imposes export 
        controls on any agricultural commodity in order to carry out 
        the provisions of this Act, the President shall immediately 
        transmit a report on such action to Congress, setting forth the 
        reasons for the controls in detail and specifying the period of 
        time, which may not exceed 1 year, that the controls are 
        proposed to be in effect. If Congress, within 60 days after the 
        date of its receipt of the report, adopts a joint resolution 
        pursuant to subsection (b), approving the imposition of the 
        export controls, then such controls shall remain in effect for 
        the period specified in the report, or until terminated by the 
        President, whichever occurs first. If Congress, within 60 days 
        after the date of its receipt of such report, fails to adopt a 
        joint resolution approving such controls, then such controls 
        shall cease to be effective upon the expiration of that 60-day 
        period.
            ``(2) Application of paragraph (1).--The provisions of 
        paragraph (1) and subsection (b) shall not apply to export 
        controls--
                    ``(A) which are extended under this Act if the 
                controls, when imposed, were approved by Congress under 
                paragraph (1) and subsection (b); or
                    ``(B) which are imposed with respect to a country 
                as part of the prohibition or curtailment of all 
                exports to that country.
    ``(b) Joint Resolution.--
            ``(1) In general.--For purposes of this subsection, the 
        term `joint resolution' means only a joint resolution the 
        matter after the resolving clause of which is as follows: 
        `That, pursuant to section 208 of the International Emergency 
        Economic Powers Act, the President may impose export controls 
        as specified in the report submitted to Congress on 
        __________________.', with the blank space being filled with 
        the appropriate date.
            ``(2) Introduction.--On the day on which a report is 
        submitted to the House of Representatives and the Senate under 
        subsection (a), a joint resolution with respect to the export 
        controls specified in such report shall be introduced (by 
        request) in the House of Representatives by the chairman of the 
        Committee on International Relations, for himself and the 
        ranking minority member of the Committee, or by Members of the 
        House designated by the chairman and ranking minority member; 
        and shall be introduced (by request) in the Senate by the 
        Majority Leader of the Senate, for himself and the Minority 
        Leader of the Senate, or by Members of the Senate designated by 
        the Majority Leader and Minority Leader of the Senate. If 
        either House is not in session on the day on which such a 
        report is submitted, the joint resolution shall be introduced 
        in that House, as provided in the preceding sentence, on the 
        first day thereafter on which that House is in session.
            ``(3) Referral.--All joint resolutions introduced in the 
        House of Representatives and in the Senate shall be referred to 
        the appropriate committee.
            ``(4) Discharge of committee.--If the committee of either 
        House to which a joint resolution has been referred has not 
        reported the joint resolution at the end of 30 days after its 
        referral, the committee shall be discharged from further 
        consideration of the joint resolution or of any other joint 
        resolution introduced with respect to the same matter.
            ``(5) Consideration in senate and house of 
        representatives.--A joint resolution under this subsection 
        shall be considered in the Senate in accordance with the 
        provisions of section 601(b)(4) of the International Security 
        Assistance and Arms Export Control Act of 1976. For the purpose 
        of expediting the consideration and passage of joint 
        resolutions reported or discharged pursuant to the provisions 
        of this subsection, it shall be in order for the Committee on 
        Rules of the House of Representatives to present for 
        consideration a resolution of the House of Representatives 
        providing procedures for the immediate consideration of a joint 
        resolution under this subsection which may be similar, if 
        applicable, to the procedures set forth in section 601(b)(4) of 
        the International Security Assistance and Arms Export Control 
        Act of 1976.
            ``(6) Passage by 1 house.--In the case of a joint 
        resolution described in paragraph (1), if, before the passage 
        by 1 House of a joint resolution of that House, that House 
        receives a resolution with respect to the same matter from the 
        other House, then--
                    ``(A) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House; but
                    ``(B) the vote on final passage shall be on the 
                joint resolution of the other House.
    ``(c) Computation of Time.--In the computation of the period of 60 
days referred to in subsection (a) and the period of 30 days referred 
to in paragraph (4) of subsection (b), there shall be excluded the days 
on which either House of Congress is not in session because of an 
adjournment of more than 3 days to a day certain or because of an 
adjournment of Congress sine die.''.
    Sec. 631. Investigation of Practices of Canadian Wheat Board. (a) 
In General.--Notwithstanding any other provision of law, not less than 
4 of the new employees authorized in fiscal years 1998 and 1999 for the 
Office of the United States Trade Representative shall work on 
investigating pricing practices of the Canadian Wheat Board and 
determining whether the United States spring wheat, barley, or durum 
wheat industries have suffered injury as a result of those practices.
    (b) Scope of Investigation.--The purpose of the investigation 
described in subsection (a) shall be to determine whether the practices 
of the Canadian Wheat Board constitute violations of the antidumping or 
countervailing duty provisions of title VII of the Tariff Act of 1930 
or the provisions of title II or III of the Trade Act of 1974. The 
investigation shall include--
            (1) a determination as to whether the United States durum 
        wheat industry, spring wheat industry, or barley industry is 
        being materially injured or is threatened with material injury 
        as a result of the practices of the Canadian Wheat Board;
            (2) a determination as to whether the acts, policies, or 
        practices of the Canadian Wheat Board--
                    (A) violate, or are inconsistent with, the 
                provisions of, or otherwise deny benefits to the United 
                States under, any trade agreement, or
                    (B) are unjustifiable or burden or restrict United 
                States commerce;
            (3) a review of home market price and cost of acquisition 
        of Canadian grain;
            (4) a determination as to whether Canadian grain is being 
        imported into the United States in sufficient quantities to be 
        a substantial cause of serious injury or threat of serious 
        injury to the United States spring wheat, barley, or durum 
        wheat industries; and
            (5) a determination as to whether there is harmonization in 
        the requirements for cross-border transportation of grain 
        between Canada and the United States.
    (c) Action Based On Results of the Investigation.--
            (1) In general.--If, based on the investigation conducted 
        pursuant to this section, there is an affirmative determination 
        under subsection (b) with respect to any act, policy, or 
        practice of the Canadian Wheat Board, appropriate action shall 
        be initiated under title VII of the Tariff Act of 1930, or 
        title II or III of the Trade Act of 1974.
            (2) Correction of harmonization problems.--If, based on the 
        investigation conducted pursuant to this section, there is a 
        determination that there is no harmonization for cross-border 
        grain transportation between Canada and the United States, the 
        United States Trade Representative shall report to Congress 
        regarding what action should be taken in order to harmonize 
        cross-border transportation requirements.
    (d) Report.--Not later than 6 months after the date of enactment of 
this Act, the United States Trade Representative shall report to 
Congress on the results of the investigation conducted pursuant to this 
section.
    (e) Definition of Grain.--For purposes of this section, the terms 
``Canadian grain'' and ``grain'' include spring wheat, durum wheat, and 
barley.
    Sec. 632. (a) In General.--Section 331 of the Communications Act of 
1934 (47 U.S.C. 331) is amended by adding at the end the following:
    ``(c) FM Translator Stations.--(1) It may be the policy of the 
Commission, in any case in which the licensee of an existing FM 
translator station operating in the commercial FM band is licensed to a 
county (or to a community in such county) that has a population of 
700,000 or more persons, is not an integral part of a larger municipal 
entity, and lacks a commercial FM radio station licensed to the county 
(or to any community within such county), to extend to the licensee--
            ``(A) authority for the origination of unlimited local 
        programming through the station on a primary basis but only if 
        the licensee abides in such programming by all rules, 
        regulations, and policies of the Commission regarding program 
        material, content, schedule, and public service obligations 
        otherwise applicable to commercial FM radio stations; and
            ``(B) authority to operate the station (either 
        omnidirectionally or directionally, with facilities equivalent 
        to those of a station operating with maximum effective radiated 
        power of less than 100 watts and maximum antenna height above 
        average terrain of 100 meters) if--
                    ``(i) the station is not located within 320 
                kilometers (approximately 199 miles) of the United 
                States border with Canada or with Mexico;
                    ``(ii) the station provides full service FM 
                stations operating on co-channel and first adjacent 
                channels protection from interference as required by 
                rules and regulations of the Commission applicable to 
                full service FM stations; and
                    ``(iii) the station complies with any other rules, 
                regulations, and policies of the Commission applicable 
                to FM translator stations that are not inconsistent 
                with the provisions of this subparagraph.
    ``(2) Notwithstanding any rules, regulations, or policies of the 
Commission applicable to FM translator stations, a station operated 
under the authority of paragraph (1)(B)--
            ``(A) may accept or receive any amount of theoretical 
        interference from any full service FM station;
            ``(B) may be deemed to comply in such operation with any 
        intermediate frequency (IF) protection requirements if the 
        station's effective radiated power in the pertinent direction 
        is less than 100 watts;
            ``(C) may not be required to provide protection in such 
        operation to any other FM station operating on 2nd or 3rd 
        adjacent channels;
            ``(D) may utilize transmission facilities located in the 
        county to which the station is licensed or in which the 
        station's community of license is located; and
            ``(E) may utilize a directional antennae in such operation 
        to the extent that such use is necessary to assure provision of 
        maximum possible service to the residents of the county in 
        which the station is licensed or in which the station's 
        community of license is located.
    ``(3)(A) A licensee may exercise the authority provided under 
paragraph (1)(A) immediately upon written notification to the 
Commission of its intent to exercise such authority.
    ``(B)(i) A licensee may submit to the Commission an application to 
exercise the authority provided under paragraph (1)(B). The Commission 
may treat the application as an application for a minor change to the 
license to which the application applies.
    ``(ii) A licensee may exercise the authority provided under 
paragraph (1)(B) upon the granting of the application to exercise the 
authority under clause (i).''.
    (b) Conforming Amendment.--The section heading of that section is 
amended to read as follows:

``SEC. 331. VERY HIGH FREQUENCY STATIONS AND AM AND FM RADIO 
              STATIONS.''.

    (c) Renewal of Certain Licenses.--(1) Notwithstanding any other 
provision of law, the Federal Communications Commission may renew the 
license of an FM translator station the licensee of which is exercising 
authority under subparagraph (A) or (B) of section 331(c)(1) of the 
Communications Act of 1934, as added by subsection (a), upon 
application for renewal of such license filed after the date of 
enactment of this Act, if the Commission determines that the public 
interest, convenience, and necessity would be served by the renewal of 
the license.
    (2) If the Commission determines under paragraph (1) that the 
public interest, convenience, and necessity would not be served by the 
renewal of a license, the Commission shall, within 30 days of the date 
on which the decision not to renew the license becomes final, provide 
for the filing of applications for licenses for FM translator service 
to replace the FM translator service covered by the license not to be 
renewed.

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund

                              (rescission)

    Of the unobligated balances available under this heading on 
September 30, 1997, $45,326,000 are rescinded.

                    Federal Bureau of Investigation

                             (rescissions)

    Of the funds provided in previous Acts, the following funds are 
hereby rescinded from the following accounts in the specified amounts:
            ``Construction, 1996'', $6,000,000.
            ``Construction, 1998'', $4,000,000.
            ``Salaries and Expenses-Legal Attache, 1998'', $4,178,000.
            ``Salaries and Expenses, no year'', $6,400,000.
            ``Violent Crime Reduction Program, 1996'', $2,000,000.
            ``Violent Crime Reduction Program, 1997'', $300,000.

                         DEPARTMENT OF COMMERCE

                             (rescissions)

    Of the funds provided in previous Acts, the following funds are 
hereby rescinded from the following accounts in the specified amounts:
            ``United States Travel and Tourism Administration, no 
        year'', $915,000.
    ``Endowment for Children's Educational TV, no year'', $1,175,000.

                          DEPARTMENT OF STATE

              Contributions to International Organizations

                              (rescission)

    Of the total amount of appropriations provided in Acts enacted 
before this Act for the Interparliamentary Union, $400,000 is 
rescinded.

      TITLE VIII--LOCAL GOVERNMENT LAW ENFORCEMENT BLOCK GRANT ACT

    Sec. 801. Short Title; Definitions. (a) Short Title.--This title 
may be cited as the ``Local Government Law Enforcement Block Grant Act 
of 1998''.
    (b) Definitions.--In this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the Bureau of Justice Assistance of the Department of Justice.
            (2) Juvenile.--The term ``juvenile'' means an individual 
        who is 17 years of age or younger.
            (3) Law enforcement expenditures.--The term ``law 
        enforcement expenditures'' means the current operation 
        expenditures associated with police, prosecutorial, legal, and 
        judicial services, and corrections as reported to the Bureau of 
        the Census.
            (4) Part 1 violent crimes.--The term ``part 1 violent 
        crimes'' means murder and nonnegligent manslaughter, forcible 
        rape, robbery, and aggravated assault as reported to the 
        Federal Bureau of Investigation for purposes of the Uniform 
        Crime Reports.
            (5) Payment period.--The term ``payment period'' means each 
        1-year period beginning on October 1 of any year in which a 
        grant under this Act is awarded.
            (6) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands, except that American Samoa, Guam, and 
        the Northern Mariana Islands shall be considered as 1 State and 
        that, for purposes of section 805(a), 33 percent of the amounts 
        allocated shall be allocated to American Samoa, 50 percent to 
        Guam, and 17 percent to the Northern Mariana Islands.
            (7) Unit of local government.--The term ``unit of local 
        government'' means--
                    (A) a county, township, city, or political 
                subdivision of a county, township, or city, that is a 
                general purpose unit of local government, as determined 
                by the Secretary of Commerce for general statistical 
                purposes, including a parish sheriff in the State of 
                Louisiana;
                    (B) the District of Columbia and the recognized 
                governing body of an Indian tribe or Alaska Native 
                village that carries out substantial governmental 
                duties and powers; and
                    (C) the Commonwealth of Puerto Rico, in addition to 
                being considered a State, for the purposes set forth in 
                section 802(a)(2).
    Sec. 802. Payments to Local Governments. (a) Payment and Use.--
            (1) Payment.--The Director shall pay to each unit of local 
        government that qualifies for a payment under this Act an 
        amount equal to the sum of any amounts allocated to such unit 
        under this Act for each payment period. The Director shall pay 
        such amount from amounts appropriated to carry out this Act.
            (2) Use.--Amounts paid to a unit of local government under 
        this section shall be used by the unit for reducing crime and 
        improving public safety, including but not limited to, 1 or 
        more of the following purposes:
                    (A)(i) Hiring, training, and employing on a 
                continuing basis new, additional law enforcement 
                officers and necessary support personnel.
                    (ii) Paying overtime to presently employed law 
                enforcement officers and necessary support personnel 
                for the purpose of increasing the number of hours 
                worked by such personnel.
                    (iii) Procuring equipment, technology, and other 
                material directly related to basic law enforcement 
                functions.
                    (B) Enhancing security measures--
                            (i) in and around schools; and
                            (ii) in and around any other facility or 
                        location that is considered by the unit of 
                        local government to have a special risk for 
                        incidents of crime.
                    (C) Establishing crime prevention programs that 
                may, though not exclusively, involve law enforcement 
                officials and that are intended to discourage, disrupt, 
                or interfere with the commission of criminal activity, 
                including neighborhood watch and citizen patrol 
                programs, sexual assault and domestic violence 
                programs, and programs intended to prevent juvenile 
                crime.
                    (D) Establishing or supporting drug courts.
                    (E) Establishing early intervention and prevention 
                programs for juveniles to reduce or eliminate crime.
                    (F) Enhancing the adjudication process of cases 
                involving violent offenders, including the adjudication 
                process of cases involving violent juvenile offenders.
                    (G) Enhancing programs under subpart 1 of part E of 
                the Omnibus Crime Control and Safe Streets Act of 1968.
                    (H) Establishing cooperative task forces between 
                adjoining units of local government to work 
                cooperatively to prevent and combat criminal activity, 
                particularly criminal activity that is exacerbated by 
                drug or gang-related involvement.
                    (I) Establishing a multijurisdictional task force, 
                particularly in rural areas, composed of law 
                enforcement officials representing units of local 
                government, that works with Federal law enforcement 
                officials to prevent and control crime.
                    (J) Establishing or supporting programs designed to 
                collect, record, retain, and disseminate information 
                useful in the identification, prosecution, and 
                sentencing of offenders, such as criminal history 
                information, fingerprints, DNA tests, and ballistics 
                tests.
            (3) Definitions.--In this subsection--
                    (A) the term ``violent offender'' means a person 
                charged with committing a part I violent crime; and
                    (B) the term ``drug courts'' means a program that 
                involves--
                            (i) continuing judicial supervision over 
                        offenders with substance abuse problems who are 
                        not violent offenders; and
                            (ii) the integrated administration of other 
                        sanctions and services, which shall include--
                                    (I) mandatory periodic testing for 
                                the use of controlled substances or 
                                other addictive substances during any 
                                period of supervised release or 
                                probation for each participant;
                                    (II) substance abuse treatment for 
                                each participant;
                                    (III) probation, or other 
                                supervised release involving the 
                                possibility of prosecution, 
                                confinement, or incarceration based on 
                                noncompliance with program requirements 
                                or failure to show satisfactory 
                                progress; and
                                    (IV) programmatic, offender 
                                management, and aftercare services such 
                                as relapse prevention, vocational job 
                                training, job placement, and housing 
                                placement.
    (b) Prohibited Uses.--Notwithstanding any other provision of this 
Act, a unit of local government may not expend any of the funds 
provided under this Act to purchase, lease, rent, or otherwise 
acquire--
            (1) tanks or armored personnel carriers;
            (2) fixed wing aircraft;
            (3) limousines;
            (4) real estate;
            (5) yachts;
            (6) consultants; or
            (7) vehicles not primarily used for law enforcement;
unless the Attorney General certifies that extraordinary and exigent 
circumstances exist that make the use of funds for such purposes 
essential to the maintenance of public safety and good order in such 
unit of local government. With regard to paragraph (2), such 
circumstances shall be deemed to exist with respect to a unit of local 
government in a rural State, as defined in section 1501 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb), upon 
certification by the chief law enforcement officer of the unit of local 
government that the unit of local government is experiencing an 
increase in production or cultivation of a controlled substance or 
listed chemical (as defined in section 102 of the Controlled Substances 
Act), and that the fixed wing aircraft will be used in the detection, 
disruption, or abatement of such production or cultivation.
    (c) Timing of Payments.--The Director shall pay each unit of local 
government that has submitted an application under this Act not later 
than the later of--
            (1) 90 days after the date that the amount is available; or
            (2) the first day of the payment period if the unit of 
        local government has provided the Director with the assurances 
        required by section 804(c).
    (d) Adjustments.--
            (1) In general.--Subject to paragraph (2), the Director 
        shall adjust a payment under this Act to a unit of local 
        government to the extent that a prior payment to the unit of 
        local government was more or less than the amount required to 
        be paid.
            (2) Considerations.--The Director may increase or decrease 
        under this subsection a payment to a unit of local government 
        only if the Director determines the need for the increase or 
        decrease, or if the unit requests the increase or decrease, not 
        later than 1 year after the end of the payment period for which 
        a payment was made.
    (e) Reservation for Adjustment.--The Director may reserve a 
percentage of not more than 2 percent of the amount under this section 
for a payment period for all units of local government in a State if 
the Director considers the reserve is necessary to ensure the 
availability of sufficient amounts to pay adjustments after the final 
allocation of amounts among the units of local government in the State.
    (f) Repayment of Unexpended Amounts.--
            (1) Repayment required.--A unit of local government shall 
        repay to the Director, by not later than 27 months after 
        receipt of funds from the Director, any amount that is--
                    (A) paid to the unit from amounts appropriated 
                under the authority of this section; and
                    (B) not expended by the unit within 2 years after 
                receipt of such funds from the Director.
            (2) Penalty for failure to repay.--If the amount required 
        to be repaid is not repaid, the Director shall reduce payment 
        in future payment periods accordingly.
            (3) Deposit of amounts repaid.--Amounts received by the 
        Director as repayments under this subsection shall be deposited 
        in a designated fund for future payments to units of local 
        government. Any amounts remaining in such designated fund after 
        5 years following the date of enactment of this Act shall be 
        applied to the Federal deficit or, if there is no Federal 
        deficit, to reducing the Federal debt.
    (g) Nonsupplanting Requirement.--Funds made available under this 
Act to units of local government shall not be used to supplant State or 
local funds, but shall be used to increase the amount of funds that 
would, in the absence of funds made available under this Act, be made 
available from State or local sources.
    (h) Matching Funds.--The Federal share of a grant received under 
this Act may not exceed 90 percent of the costs of a program or 
proposal funded under this Act. No funds provided under this Act may be 
used as matching funds for any other Federal grant program.
    Sec. 803. Authorization of Appropriations. (a) Authorization of 
Appropriations.--There are authorized to be appropriated to carry out 
this Act $750,000,000 for each of fiscal years 1998 through 2003.
    (b) Oversight Accountability and Administration.--Not more than 3 
percent of the amount authorized to be appropriated under subsection 
(a) for each of the fiscal years 1998 through 2003 shall be available 
to the Attorney General for studying the overall effectiveness and 
efficiency of the provisions of this Act, and assuring compliance with 
the provisions of this Act and for administrative costs to carry out 
the purposes of this Act. From the amount described in the preceding 
sentence, the Bureau of Justice Assistance shall receive such sums as 
may be necessary for the actual costs of administration and monitoring. 
The Attorney General shall establish and execute an oversight plan for 
monitoring the activities of grant recipients. Such sums are to remain 
available until expended.
    (c) Funding Source.--Appropriations for activities authorized in 
this Act may be made from the Violent Crime Reduction Trust Fund.
    (d) Technology Assistance.--Of the amount appropriated under 
subsection (a) for each of fiscal years 1998 through 2003, the Attorney 
General shall reserve--
            (1) 3 percent for use by the Bureau of Justice Statistics 
        for information and identification technology, including the 
        Integrated Automated Fingerprint Identification System (IAFIS), 
        DNA, and ballistics systems; and
            (2) 3 percent for use by the National Institute of Justice 
        in assisting units of local government to identify, select, 
        develop, modernize, and purchase new technologies for use by 
        law enforcement.
    (e) Availability.--The amounts appropriated under subsection (a) 
shall remain available until expended.
    Sec. 804. Qualification for Payment. (a) In General.--The Director 
shall issue regulations establishing procedures under which a unit of 
local government is required to provide notice to the Director 
regarding the proposed use of funds made available under this Act.
    (b) Program Review.--The Director shall establish a process for the 
ongoing evaluation of projects developed with funds made available 
under this Act.
    (c) General Requirements for Qualification.--A unit of local 
government qualifies for a payment under this Act for a payment period 
only if the unit of local government submits an application to the 
Director and establishes, to the satisfaction of the Director, that--
            (1) the unit of local government has established a local 
        advisory board that--
                    (A) includes, but is not limited to, a 
                representative from--
                            (i) the local police department or local 
                        sheriff's department;
                            (ii) the local prosecutor's office;
                            (iii) the local court system;
                            (iv) the local public school system; and
                            (v) a local nonprofit, educational, 
                        religious, or community group active in crime 
                        prevention or drug use prevention or treatment;
                    (B) has reviewed the application; and
                    (C) is designated to make nonbinding 
                recommendations to the unit of local government for the 
                use of funds received under this Act;
            (2) the chief executive officer of the State has had not 
        less than 20 days to review and comment on the application 
        prior to submission to the Director;
            (3)(A) the unit of local government will establish a trust 
        fund in which the government will deposit all payments received 
        under this Act; and
            (B) the unit of local government will use amounts in the 
        trust fund (including interest) during a period not to exceed 2 
        years from the date the first grant payment is made to the unit 
        of local government;
            (4) the unit of local government will expend the payments 
        received in accordance with the laws and procedures that are 
        applicable to the expenditure of revenues of the unit of local 
        government;
            (5) the unit of local government will use accounting, 
        audit, and fiscal procedures that conform to guidelines, which 
        shall be prescribed by the Director after consultation with the 
        Comptroller General of the United States and as applicable, 
        amounts received under this Act shall be audited in compliance 
        with the Single Audit Act of 1984;
            (6) after reasonable notice from the Director or the 
        Comptroller General of the United States to the unit of local 
        government, the unit of local government will make available to 
        the Director and the Comptroller General of the United States, 
        with the right to inspect, records that the Director reasonably 
        requires to review compliance with this Act or that the 
        Comptroller General of the United States reasonably requires to 
        review compliance and operation;
            (7) a designated official of the unit of local government 
        shall make reports the Director reasonably requires, in 
        addition to the annual reports required under this Act;
            (8) the unit of local government will spend the funds made 
        available under this Act only for the purposes set forth in 
        section 802(a)(2);
            (9) the unit of local government will achieve a net gain in 
        the number of law enforcement officers who perform 
        nonadministrative public safety service if such unit uses funds 
        received under this Act to increase the number of law 
        enforcement officers as described under section 802(a)(2)(A);
            (10) the unit of local government--
                    (A) has an adequate process to assess the impact of 
                any enhancement of a school security measure that is 
                undertaken under section 802(a)(2)(B), or any crime 
                prevention programs that are established under 
                subparagraphs (C) and (E) of section 802(a)(2), on the 
                incidence of crime in the geographic area where the 
                enhancement is undertaken or the program is 
                established;
                    (B) will conduct such an assessment with respect to 
                each such enhancement or program; and
                    (C) will submit an annual written assessment report 
                to the Director; and
            (11) the unit of local government has established 
        procedures to give members of the Armed Forces who, on or after 
        October 1, 1990, were or are selected for involuntary 
        separation (as described in section 1141 of title 10, United 
        States Code), approved for separation under section 1174a or 
        1175 of such title, or retired pursuant to the authority 
        provided under section 4403 of the Defense Conversion, 
        Reinvestment, and Transition Assistance Act of 1992 (division D 
        of Public Law 102-484; 10 U.S.C. 1293 note), a suitable 
        preference in the employment of persons as additional law 
        enforcement officers or support personnel using funds made 
        available under this Act. The nature and extent of such 
        employment preference shall be jointly established by the 
        Attorney General and the Secretary of Defense. To the extent 
        practicable, the Director shall endeavor to inform members who 
        were separated between October 1, 1990, and the date of 
        enactment of this Act of their eligibility for the employment 
        preference.
    (d) Sanctions for Noncompliance.--
            (1) In general.--If the Director determines that a unit of 
        local government has not complied substantially with the 
        requirements or regulations prescribed under subsections (a) 
        and (c), the Director shall notify the unit of local government 
        that if the unit of local government does not take corrective 
        action within 60 days of such notice, the Director will 
        withhold additional payments to the unit of local government 
        for the current and future payment periods until the Director 
        is satisfied that the unit of local government--
                    (A) has taken the appropriate corrective action; 
                and
                    (B) will comply with the requirements and 
                regulations prescribed under subsections (a) and (c).
            (2) Notice.--Before giving notice under paragraph (1), the 
        Director shall give the chief executive officer of the unit of 
        local government reasonable notice and an opportunity for 
        comment.
    (e) Maintenance of Effort Requirement.--A unit of local government 
qualifies for a payment under this Act for a payment period only if the 
unit's expenditures on law enforcement services (as reported by the 
Bureau of the Census) for the fiscal year preceding the fiscal year in 
which the payment period occurs were not less than 90 percent of the 
unit's expenditures on such services for the second fiscal year 
preceding the fiscal year in which the payment period occurs.
    Sec. 805. Allocation and Distribution of Funds. (a) State Set-
Aside.--
            (1) In general.--Of the total amounts appropriated for this 
        Act for each payment period, the Director shall allocate for 
        units of local government in each State an amount that bears 
        the same ratio to such total as the average annual number of 
        part 1 violent crimes reported by such State to the Federal 
        Bureau of Investigation for the 3 most recent calendar years 
        for which such data is available, bears to the number of part 1 
        violent crimes reported by all States to the Federal Bureau of 
        Investigation for such years.
            (2) Minimum requirement.--Each State shall receive not less 
        than 0.5 percent of the total amounts appropriated under 
        section 803 under this subsection for each payment period.
            (3) Proportional reduction.--If amounts available to carry 
        out paragraph (2) for any payment period are insufficient to 
        pay in full the total payment that any State is otherwise 
        eligible to receive under paragraph (1) for such period, then 
        the Director shall reduce payments under paragraph (1) for such 
        payment period to the extent of such insufficiency. Reductions 
        under the preceding sentence shall be allocated among the 
        States (other than States whose payment is determined under 
        paragraph (2)) in the same proportions as amounts would be 
        allocated under paragraph (1) without regard to paragraph (2).
    (b) Local Distribution.--
            (1) In general.--From the amount reserved for each State 
        under subsection (a), the Director shall allocate among units 
        of local government an amount that bears the same ratio to the 
        aggregate amount of such funds as
                    (A) the product of--
                            (i) two-thirds; multiplied by
                            (ii) the ratio of the average annual number 
                        of part 1 violent crimes in such unit of local 
                        government for the 3 most recent calendar years 
                        for which such data is available, to the sum of 
                        such violent crime in all units of local 
                        government in the State; and
                    (B) the product of--
                            (i) one-third; multiplied by
                            (ii) the ratio of the law enforcement 
                        expenditure, for such unit of local government 
                        for the most recent year for which such data 
                        are available, to such expenditures for all 
                        units of local government in the State.
            (2) Expenditures.--The allocation any unit of local 
        government shall receive under paragraph (1) for a payment 
        period shall not exceed 100 percent of law enforcement 
        expenditures of the unit for such payment period.
            (3) Reallocation.--The amount of any unit of local 
        government's allocation that is not available to such unit by 
        operation of paragraph (2) shall be available to other units of 
        local government that are not affected by such operation in 
        accordance with this subsection.
            (4) Local governments with allocations of less than 
        $10,000.--If under paragraph (1) a unit of local government is 
        allotted less than $10,000 for the payment period, the amount 
        allotted shall be transferred to the chief executive officer of 
        the State who shall distribute such funds among State police 
        departments that provide law enforcement services to units of 
        local government and units of local government whose allotment 
        is less than such amount in a manner that reduces crime and 
        improves public safety.
            (5) Special rule.--If a unit of local government in the 
        State has been annexed since the date of the collection of the 
        data used by the Director in making allocations pursuant to 
        this section, the Director shall pay the amount that would have 
        been allocated to such unit of local government to the unit of 
        local government that annexed it.
    (c) Grants to Indian Tribes.--Notwithstanding subsections (a) and 
(b), of the amount appropriated under section 803(a) in each of fiscal 
years 1998 through 2003, the Attorney General shall reserve 0.3 percent 
for grants to Indian tribal governments performing law enforcement 
functions, to be used for the purposes described in section 802. To be 
eligible to receive a grant with amounts set aside under this 
subsection, an Indian tribal government shall submit to the Attorney 
General an application in such form and containing such information as 
the Attorney General may by regulation require.
    (d) Unavailability and Inaccuracy of Information.--
            (1) Data for states.--For purposes of this section, if data 
        regarding part 1 violent crimes in any State for the 3 most 
        recent calendar years is unavailable, insufficient, or 
        substantially inaccurate, the Director shall utilize the best 
        available comparable data regarding the number of violent 
        crimes for such years for such State for the purposes of 
        allocation of any funds under this Act.
            (2) Possible inaccuracy of data for units of local 
        government.--In addition to the provisions of paragraph (1), if 
        the Director believes that the reported rate of part 1 violent 
        crimes or legal expenditure information for a unit of local 
        government is insufficient or inaccurate, the Director shall--
                    (A) investigate the methodology used by such unit 
                to determine the accuracy of the submitted data; and
                    (B) when necessary, use the best available 
                comparable data regarding the number of violent crimes 
                or legal expenditure information for such years for 
                such unit of local government.
    Sec. 806. Utilization of Private Sector. Funds or a portion of 
funds allocated under this Act may be utilized to contract with 
private, nonprofit entities or community-based organizations to carry 
out the purposes specified under section 802(a)(2).
    Sec. 807. Public Participation. (a) In General.--A unit of local 
government expending payments under this Act shall hold not less than 1 
public hearing on the proposed use of the payment from the Director in 
relation to its entire budget.
    (b) Views.--At the hearing, persons shall be given an opportunity 
to provide written and oral views to the unit of local government 
authority responsible for enacting the budget.
    (c) Time and Place.--The unit of local government shall hold the 
hearing at a time and place that allows and encourages public 
attendance and participation.
    Sec. 808. Administrative Provisions. The administrative provisions 
of part H of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3782 et seq.), shall apply to this Act and for purposes of this 
section any reference in such provisions to title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) 
shall be deemed to be a reference to this Act.

             TITLE IX--NATIONAL WHALE CONSERVATION FUND ACT

    Sec. 901. Short Title. This title may be cited as the ``National 
Whale Conservation Fund Act of 1998''.
    Sec. 902. Findings. Congress finds that--
            (1) the populations of whales that occur in waters of the 
        United States are resources of substantial ecological, 
        scientific, socioeconomic, and esthetic value;
            (2) whale populations--
                    (A) form a significant component of marine 
                ecosystems;
                    (B) are the subject of intense research;
                    (C) provide for a multimillion dollar whale 
                watching tourist industry that provides the public an 
                opportunity to enjoy and learn about great whales and 
                the ecosystems of which the whales are a part; and
                    (D) are of importance to Native Americans for 
                cultural and subsistence purposes;
            (3) whale populations are in various stages of recovery, 
        and some whale populations, such as the northern right whale 
        (Eubaleana glacialis) remain perilously close to extinction;
            (4) the interactions that occur between ship traffic, 
        commercial fishing, whale watching vessels, and other 
        recreational vessels and whale populations may affect whale 
        populations adversely;
            (5) the exploration and development of oil, gas, and hard 
        mineral resources, marine debris, chemical pollutants, noise, 
        and other anthropogenic sources of change in the habitat of 
        whales may affect whale populations adversely;
            (6) the conservation of whale populations is subject to 
        difficult challenges related to--
                    (A) the migration of whale populations across 
                international boundaries;
                    (B) the size of individual whales, as that size 
                precludes certain conservation research procedures that 
                may be used for other animal species, such as captive 
                research and breeding;
                    (C) the low reproductive rates of whales that 
                require long-term conservation programs to ensure 
                recovery of whale populations; and
                    (D) the occurrence of whale populations in offshore 
                waters where undertaking research, monitoring, and 
                conservation measures is difficult and costly;
            (7)(A) the Secretary of Commerce, through the Administrator 
        of the National Oceanic and Atmospheric Administration, has 
        research and regulatory responsibility for the conservation of 
        whales under the Marine Mammal Protection Act of 1972 (16 
        U.S.C. 1361 et seq.); and
            (B) the heads of other Federal agencies and the Marine 
        Mammal Commission established under section 201 of the Marine 
        Mammal Protection Act of 1972 (16 U.S.C. 1401) have related 
        research and management activities under the Marine Mammal 
        Protection Act of 1972 or the Endangered Species Act of 1973 
        (16 U.S.C. 1531 et seq.);
            (8) the funding available for the activities described in 
        paragraph (8) is insufficient to support all necessary whale 
        conservation and recovery activities; and
            (9) there is a need to facilitate the use of funds from 
        non-Federal sources to carry out the conservation of whales.
    Sec. 903. National Whale Conservation Fund. Section 4 of the 
National Fish and Wildlife Establishment Act (16 U.S.C. 3703) is 
amended by adding at the end the following:
    ``(f)(1) In carrying out the purposes under section 2(b), the 
Foundation may establish a national whale conservation endowment fund, 
to be used by the Foundation to support research, management 
activities, or educational programs that contribute to the protection, 
conservation, or recovery of whale populations in waters of the United 
States.
    ``(2)(A) In a manner consistent with subsection (c)(1), the 
Foundation may--
            ``(i) accept, receive, solicit, hold, administer, and use 
        any gift, devise, or bequest made to the Foundation for the 
        express purpose of supporting whale conservation; and
            ``(ii) deposit in the endowment fund under paragraph (1) 
        any funds made available to the Foundation under this 
        subparagraph, including any income or interest earned from a 
        gift, devise, or bequest received by the Foundation under this 
        subparagraph.
    ``(B) To raise funds to be deposited in the endowment fund under 
paragraph (1), the Foundation may enter into appropriate arrangements 
to provide for the design, copyright, production, marketing, or 
licensing, of logos, seals, decals, stamps, or any other item that the 
Foundation determines to be appropriate.
    ``(C)(i) The Secretary of Commerce may transfer to the Foundation 
for deposit in the endowment fund under paragraph (1)--
            ``(I) any amount (or portion thereof) received by the 
        Secretary under section 105(a)(1) of the Marine Mammal 
        Protection Act of 1972 (16 U.S.C. 1375(a)(1)) as a civil 
        penalty assessed by the Secretary under that section; or
            ``(II) any amount (or portion thereof) received by the 
        Secretary as a settlement or award for damages in a civil 
        action or other legal proceeding relating to damage of natural 
        resources.
    ``(ii) The Directors of the Board shall ensure that any amounts 
transferred to the Foundation under clause (i) for the endowment fund 
under paragraph (1) are deposited in that fund in accordance with this 
subparagraph.
    ``(3) It is the intent of Congress that in making expenditures from 
the endowment fund under paragraph (1) to carry out activities 
specified in that paragraph, the Foundation should give priority to 
funding projects that address the conservation of populations of whales 
that the Foundation determines--
            ``(A) are the most endangered (including the northern right 
        whale (Eubaleana glacialis)); or
            ``(B) most warrant, and are most likely to benefit from, 
        research managment, or educational activities that may be 
        funded with amounts made available from the fund.
    ``(g) In carrying out any action on the part of the Foundation 
under subsection (f), the Directors of the Board shall consult with the 
Administrator of the National Oceanic and Atmospheric Administration 
and the Marine Mammal Commission.''.

                     TITLE X--VAWA RESTORATION ACT

    Sec. 1001. Short Title. This title may be cited as the ``VAWA 
Restoration Act''.
    Sec. 1002. Removing Barriers to Adjustment of Status for Victims of 
Domestic Violence. (a) In General.--Section 245 of the Immigration and 
Nationality Act (8 U.S.C. 1255) is amended--
            (1) in subsection (a), by inserting ``of an alien who 
        qualifies for classification under subparagraph (A)(iii), 
        (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or'' after 
        ``The status'';
            (2) in subsection (a), by adding at the end the following: 
        ``An alien who qualifies for classification under subparagraph 
        (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) 
        who files for adjustment of status under this subsection shall 
        pay a $1,000 fee, subject to the provisions of section 
        245(k).'';
            (3) in subsection (c)(2), by striking ``201(b) or a 
        special'' and inserting ``201(b), an alien who qualifies for 
        classification under subparagraph (A)(iii), (A)(iv), (B)(ii), 
        or (B)(iii) of section 204(a)(1), or a special'';
            (4) in subsection (c)(4), by striking ``201(b))'' and 
        inserting ``201(b) or an alien who qualifies for classification 
        under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
        section 204(a)(1))'';
            (5) in subsection (c)(5), by inserting ``(other than an 
        alien who qualifies for classification under subparagraph 
        (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1))'' 
        after ``an alien''; and
            (6) in subsection (c)(8), by inserting ``(other than an 
        alien who qualifies for classification under subparagraph 
        (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1)'' 
        after ``any alien''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to applications for adjustment of status pending on or after the 
date of the enactment of this title.
    Sec. 1003. Removing Barriers to Cancellation of Removal and 
Suspension of Deportation for Victims of Domestic Violence. (a) In 
General.--
            (1) Special rule for calculating continuous period for 
        battered spouse or child.--Paragraph (1) of section 240A(d) of 
        the Immigration and Nationality Act (8 U.S.C. 1229b(d)(1)) is 
        amended to read as follows:
            ``(1) Termination of continuous period.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), for purposes of this section, any 
                period of continuous residence or continuous physical 
                presence in the United States shall be deemed to end 
                when the alien is served a notice to appear under 
                section 239(a) or when the alien has committed an 
                offense referred to in section 212(a)(2) that renders 
                the alien inadmissible to the United States under 
                section 212(a)(2) or removable from the United States 
                under section 237(a)(2) or 237(a)(4), whichever is 
                earliest.
                    ``(B) Special rule for battered spouse or child.--
                For purposes of subsection (b)(2), the service of a 
                notice to appear referred to in subparagraph (A) shall 
                not be deemed to end any period of continuous physical 
                presence in the United States.''.
            (2) Exemption from annual limitation on cancellation of 
        removal for battered spouse or child.--Section 240A(e)(3) of 
        the Immigration and Nationality Act (8 U.S.C. 1229b(e)(3)) is 
        amended by adding at the end the following:
                    ``(C) Aliens whose removal is canceled under 
                subsection (b)(2).''.
            (3) Effective date.--The amendments made by paragraphs (1) 
        and (2) shall take effect as if included in the enactment of 
        section 304 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 587).
    (b) Modification of Certain Transition Rules for Battered Spouse or 
Child.--
            (1) In general.--Subparagraph (C) of section 309(c)(5) of 
        the Illegal Immigration Reform and Immigrant Responsibility Act 
        of 1996 (8 U.S.C. 1101 note) (as amended by section 203 of the 
        Nicaraguan Adjustment and Central American Relief Act) is 
        amended--
                    (A) by amending the subparagraph heading to read as 
                follows:
                    ``(C) Special rule for certain aliens granted 
                temporary protection from deportation and for battered 
                spouses and children.--''; and
                    (B) in clause (i)--
                            (i) by striking ``or'' at the end of 
                        subclause (IV);
                            (ii) by striking the period at the end of 
                        subclause (V) and inserting ``; or''; and
                            (iii) by adding at the end the following:
                                    ``(VI) is an alien who was issued 
                                an order to show cause or was in 
                                deportation proceedings prior to April 
                                1, 1997, and who applied for suspension 
                                of deportation under section 244(a)(3) 
                                of the Immigration and Nationality Act 
                                (as in effect before the date of the 
                                enactment of this Act).''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect as if included in the enactment of section 
        309 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1101 note).
    Sec. 1004. Eliminating Time Limitations on Motions to Reopen 
Removal and Deportation Proceedings for Victims of Domestic Violence. 
(a) Removal Proceedings.--
            (1) In general.--Section 240(c)(6)(C) of the Immigration 
        and Nationality Act (8 U.S.C. 1229a(c)(6)(C)) is amended by 
        adding at the end the following:
                            ``(iv) Special rule for battered spouses 
                        and children.--There is no time limit on the 
                        filing of a motion to reopen, and the deadline 
                        specified in subsection (b)(5)(C) does not 
                        apply, if the basis of the motion is to apply 
                        for adjustment of status based on a petition 
                        filed under clause (iii) or (iv) of section 
                        204(a)(1)(A), clause (ii) or (iii) of section 
                        204(a)(1)(B), or section 240A(b)(2) and if the 
                        motion to reopen is accompanied by a 
                        cancellation of removal application to be filed 
                        with the Attorney General or by a copy of the 
                        self-petition that will be filed with the 
                        Immigration and Naturalization Service upon the 
                        granting of the motion to reopen.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect as if included in the enactment of section 
        304 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 587).
    (b) Deportation Proceedings.--
            (1) In general.--Notwithstanding any limitation imposed by 
        law on motions to reopen deportation proceedings under the 
        Immigration and Nationality Act (as in effect before the title 
        III-A effective date in section 309 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 
        note)), there is no time limit on the filing of a motion to 
        reopen such proceedings, and the deadline specified in section 
        242B(c)(3) of the Immigration and Nationality Act (as so in 
        effect) does not apply, if the basis of the motion is to apply 
        for relief under clause (iii) or (iv) of section 204(a)(1)(A) 
        of the Immigration and Nationality Act, clause (ii) or (iii) of 
        section 204(a)(1)(B) of such Act, or section 244(a)(3) of such 
        Act (as so in effect) and if the motion to reopen is 
        accompanied by a cancellation of removal application to be 
        filed with the Attorney General or by a copy of the self-
        petition that will be filed with the Immigration and 
        Naturalization Service upon the granting of the motion to 
        reopen.
            (2) Applicability.--Paragraph (1) shall apply to motions 
        filed by aliens who--
                    (A) are, or were, in deportation proceedings under 
                the Immigration and Nationality Act (as in effect 
                before the title III-A effective date in section 309 of 
                the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1101 note)); and
                    (B) have become eligible to apply for relief under 
                clause (iii) or (iv) of section 204(a)(1)(A) of the 
                Immigration and Nationality Act, clause (ii) or (iii) 
                of section 204(a)(1)(B) of such Act, or section 
                244(a)(3) of such Act (as in effect before the title 
                III-A effective date in section 309 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1101 note)) as a result of the 
                amendments made by--
                            (i) subtitle G of title IV of the Violent 
                        Crime Control and Law Enforcement Act of 1994 
                        (Public Law 103-322; 108 Stat. 1953 et seq.); 
                        or
                            (ii) section 1003 of this title.

                TITLE XI--TEMPORARY AGRICULTURAL WORKERS

    Sec. 1101. Short Title; Table of Contents. (a) Short Title.--This 
title may be cited as the ``Agricultural Job Opportunity Benefits and 
Security Act of 1998''.
    (b) Table of Contents.--The table of contents of this title is as 
follows:

Sec. 1101. Short title; table of contents.
Sec. 1102. Definitions.
Sec. 1103. Agricultural worker registries.
Sec. 1104. Employer applications and assurances.
Sec. 1105. Search of registry.
Sec. 1106. Issuance of visas and admission of aliens.
Sec. 1107. Employment requirements.
Sec. 1108. Enforcement and penalties.
Sec. 1109. Alternative program for the admission of temporary H-2A 
                            workers.
Sec. 1110. Inclusion in employment-based immigration preference 
                            allocation.
Sec. 1111. Migrant and seasonal Head Start program.
Sec. 1112. Regulations.
Sec. 1113. Funding.
Sec. 1114. Report to Congress.
Sec. 1115. Presidential authority.
Sec. 1116. Effective date.
    Sec. 1102. Definitions. In this title:
            (1) Adverse effect wage rate.--The term ``adverse effect 
        wage rate'' means the rate of pay for an agricultural 
        occupation that is 5-percent above the prevailing rate of pay 
        for that agricultural occupation in an area of intended 
        employment, if the average hourly equivalent of the prevailing 
        rate of pay for the occupation is less than the prior year's 
        average hourly earnings of field and livestock workers for the 
        State (or region that includes the State), as determined by the 
        Secretary of Agriculture. No adverse effect wage rate shall be 
        more than the prior year's average hourly earnings of field and 
        livestock workers for the State (or region that includes the 
        State), as determined by the Secretary of Agriculture.
            (2) Agricultural employment.--The term ``agricultural 
        employment'' means any service or activity included within the 
        provisions of section 3(f) of the Fair Labor Standards Act of 
        1938 (29 U.S.C. 203(f)) or section 3121(g) of the Internal 
        Revenue Code of 1986 and the handling, planting, drying, 
        packing, packaging, processing, freezing, or grading prior to 
        delivery for storage of any agricultural or horticultural 
        commodity in its unmanufactured state.
            (3) Eligible.--The term ``eligible'' as used with respect 
        to workers or individuals, means individuals authorized to be 
        employed in the United States as provided for in section 
        274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1188).
            (4) Employer.--The term ``employer'' means any person or 
        entity, including any independent contractor and any 
        agricultural association, that employs workers.
            (5) Job opportunity.--The term ``job opportunity'' means a 
        specific period of employment for a worker in one or more 
        specified agricultural activities.
            (6) Prevailing wage.--The term ``prevailing wage'' means 
        with respect to an agricultural activity in an area of intended 
        employment, the rate of wages that includes the 51st percentile 
        of employees in that agricultural activity in the area of 
        intended employment, expressed in terms of the prevailing 
        method of pay for the agricultural activity in the area of 
        intended employment.
            (7) Registered worker.--The term ``registered worker'' 
        means an individual whose name appears in a registry.
            (8) Registry.--The term ``registry'' means an agricultural 
        worker registry established under section 1103(a).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (10) United states worker.--The term ``United States 
        worker'' means any worker, whether a United States citizen, a 
        United States national, or an alien who is authorized to work 
        in the job opportunity within the United States other than an 
        alien admitted pursuant to section 101(a)(15)(H)(ii)(a) or 218 
        of the Immigration and Nationality Act, as in effect on the 
        effective date of this title.
    Sec. 1103. Agricultural Worker Registries. (a) Establishment of 
Registries.--
            (1) In general.--The Secretary of Labor shall establish and 
        maintain a system of registries containing a current database 
        of eligible United States workers who seek to perform temporary 
        or seasonal agricultural work and the employment status of such 
        workers--
                    (A) to ensure that eligible United States workers 
                are informed about available agricultural job 
                opportunities;
                    (B) to maximize the work period for eligible United 
                States workers; and
                    (C) to provide timely referral of such workers to 
                temporary and seasonal agricultural job opportunities 
                in the United States.
            (2) Coverage.--
                    (A) Single state or group of states.--Each registry 
                established under paragraph (1) shall include the job 
                opportunities in a single State, or a group of 
                contiguous States that traditionally share a common 
                pool of seasonal agricultural workers.
                    (B) Requests for inclusion.--Each State requesting 
                inclusion in a registry, or having any group of 
                agricultural producers seeking to utilize the registry, 
                shall be represented by a registry or by a registry of 
                contiguous States.
    (b) Registration.--
            (1) In general.--An eligible individual who seeks 
        employment in temporary or seasonal agricultural work may apply 
        to be included in the registry for the State or States in which 
        the individual seeks employment. Such application shall 
        include--
                    (A) the name and address of the individual;
                    (B) the period or periods of time (including 
                beginning and ending dates) during which the individual 
                will be available for temporary or seasonal 
                agricultural work;
                    (C) the registry or registries on which the 
                individual desires to be included;
                    (D) the specific qualifications and work experience 
                possessed by the applicant;
                    (E) the type or types of temporary or seasonal 
                agricultural work the applicant is willing to perform;
                    (F) such other information as the applicant wishes 
                to be taken into account in referring the applicant to 
                temporary or seasonal agricultural job opportunities; 
                and
                    (G) such other information as may be required by 
                the Secretary.
            (2) Validation of employment authorization.--No person may 
        be included on any registry unless the Attorney General has 
        certified to the Secretary of Labor that the person is 
        authorized to be employed in the United States.
            (3) Workers referred to job opportunities.--The name of 
        each registered worker who is referred and accepts employment 
        with an employer pursuant to section 1105 shall be classified 
        as inactive on each registry on which the worker is included 
        during the period of employment involved in the job to which 
        the worker was referred, unless the worker reports to the 
        Secretary that the worker is no longer employed and is 
        available for referral to another job opportunity. A registered 
        worker classified as inactive shall not be referred pursuant to 
        section 1105.
            (4) Removal of names from a registry.--The Secretary shall 
        remove from all registries the name of any registered worker 
        who, on 3 separate occasions within a 3-month period, is 
        referred to a job opportunity pursuant to this section, and who 
        declines such referral or fails to report to work in a timely 
        manner.
            (5) Voluntary removal.--A registered worker may request 
        that the worker's name be removed from a registry or from all 
        registries.
            (6) Removal by expiration.--The application of a registered 
        worker shall expire, and the Secretary shall remove the name of 
        such worker from all registries if the worker has not accepted 
        a job opportunity pursuant to this section within the preceding 
        12-month period.
            (7) Reinstatement.--A worker whose name is removed from a 
        registry pursuant to paragraph (4), (5), or (6) may apply to 
        the Secretary for reinstatement to such registry at any time.
    (c) Confidentiality of Registries.--The Secretary shall maintain 
the confidentiality of the registries established pursuant to this 
section, and the information in such registries shall not be used for 
any purposes other than those authorized in this title.
    (d) Advertising of Registries.--The Secretary shall widely 
disseminate, through advertising and other means, the existence of the 
registries for the purpose of encouraging eligible United States 
workers seeking temporary or seasonal agricultural job opportunities to 
register.
    Sec. 1104. Employer Applications and Assurances. (a) Applications 
to the Secretary.--
            (1) In general.--Not later than 21 days prior to the date 
        on which an agricultural employer desires to employ a 
        registered worker in a temporary or seasonal agricultural job 
        opportunity, the employer shall apply to the Secretary for the 
        referral of a United States worker through a search of the 
        appropriate registry, in accordance with section 1105. Such 
        application shall--
                    (A) describe the nature and location of the work to 
                be performed;
                    (B) list the anticipated period (expected beginning 
                and ending dates) for which workers will be needed;
                    (C) indicate the number of job opportunities in 
                which the employer seeks to employ workers from the 
                registry;
                    (D) describe the bona fide occupational 
                qualifications that must be possessed by a worker to be 
                employed in the job opportunity in question;
                    (E) describe the wages and other terms and 
                conditions of employment the employer will offer, which 
                shall not be less (and are not required to be more) 
                than those required by this section;
                    (F) contain the assurances required by subsection 
                (c); and
                    (G) specify the foreign country or region thereof 
                from which alien workers should be admitted in the case 
                of a failure to refer United States workers under this 
                title.
            (2) Applications by associations on behalf of employer 
        members.--
                    (A) In general.--An agricultural association may 
                file an application under paragraph (1) for registered 
                workers on behalf of its employer members.
                    (B) Employers.--An application under subparagraph 
                (A) shall cover those employer members of the 
                association that the association certifies in its 
                application have agreed in writing to comply with the 
                requirements of this title.
    (b) Amendment of Applications.--Prior to receiving a referral of 
workers from a registry, an employer may amend an application under 
this subsection if the employer's need for workers changes. If an 
employer amends an application on a date which is later than 21 days 
prior to the date on which the workers on the amended application are 
sought to be employed, the Secretary may delay issuance of the report 
described in section 1105(b) by the number of days by which the filing 
of the amended application is later than 21 days before the date on 
which the employer desires to employ workers.
    (c) Assurances.--The assurances referred to in subsection (a)(1)(F) 
are the following:
            (1) Assurance that the job opportunity is not a result of a 
        labor dispute.--The employer shall assure that the job 
        opportunity for which the employer requests a registered worker 
        is not vacant because a worker is involved in a strike, 
        lockout, or work stoppage in the course of a labor dispute 
        involving the job opportunity at the place of employment.
            (2) Assurance that the job opportunity is temporary or 
        seasonal.--
                    (A) Required assurance.--The employer shall assure 
                that the job opportunity for which the employer 
                requests a registered worker is temporary or seasonal.
                    (B) Seasonal basis.--For purposes of this title, 
                labor is performed on a seasonal basis where, 
                ordinarily, the employment pertains to or is of the 
                kind exclusively performed at certain seasons or 
                periods of the year and which, from its nature, may not 
                be continuous or carried on throughout the year.
                    (C) Temporary basis.--For purposes of this title, a 
                worker is employed on a temporary basis where the 
                employment is intended not to exceed 10 months.
            (3) Assurance of provision of required wages and 
        benefits.--The employer shall assure that the employer will 
        provide the wages and benefits required by subsections (a), 
        (b), and (c) of section 1107 to all workers employed in job 
        opportunities for which the employer has applied under 
        subsection (a) and to all other workers in the same occupation 
        at the place of employment.
            (4) Assurance of employment.--The employer shall assure 
        that the employer will refuse to employ individuals referred 
        under section 1105, or terminate individuals employed pursuant 
        to this title, only for lawful job-related reasons, including 
        lack of work.
            (5) Assurance of compliance with labor laws.--
                    (A) In general.--An employer who requests 
                registered workers shall assure that, except as 
                otherwise provided in this title, the employer will 
                comply with all applicable Federal, State, and local 
                labor laws, including laws affecting migrant and 
                seasonal agricultural workers, with respect to all 
                United States workers and alien workers employed by the 
                employer.
                    (B) Limitations.--The disclosure required under 
                section 201(a) of the Migrant and Seasonal Agricultural 
                Worker Protection Act (29 U.S.C. 1821(a)) may be made 
                at any time prior to the time the alien is issued a 
                visa permitting entry into the United States.
            (6) Assurance of advertising of the registry.--The employer 
        shall assure that the employer will, from the day an 
        application for workers is submitted under subsection (a), and 
        continuing throughout the period of employment of any job 
        opportunity for which the employer has applied for a worker 
        from the registry, post in a conspicuous place a poster to be 
        provided by the Secretary advertising the availability of the 
        registry.
            (7) Assurance of contacting former workers.--The employer 
        shall assure that the employer has made reasonable efforts 
        through the sending of a letter by United States Postal Service 
        mail, or otherwise, to contact any eligible worker the employer 
        employed during the previous season in the occupation at the 
        place of intended employment for which the employer is applying 
        for registered workers, and has made the availability of the 
        employer's job opportunities in the occupation at the place of 
        intended employment known to such previous worker, unless the 
        worker was terminated from employment by the employer for a 
        lawful job-related reason or abandoned the job before the 
        worker completed the period of employment of the job 
        opportunity for which the worker was hired.
            (8) Assurance of provision of workers compensation.--The 
        employer shall assure that if the job opportunity is not 
        covered by the State workers' compensation law, that the 
        employer will provide, at no cost to the worker, insurance 
        covering injury and disease arising out of and in the course of 
        the worker's employment which will provide benefits at least 
        equal to those provided under the State workers' compensation 
        law for comparable employment.
    (d) Withdrawal of Applications.--
            (1) In general.--An employer may withdraw an application 
        under subsection (a), except that, if the employer is an 
        agricultural association, the association may withdraw an 
        application under subsection (a) with respect to one or more of 
        its members. To withdraw an application, the employer shall 
        notify the Secretary in writing, and the Secretary shall 
        acknowledge in writing the receipt of such withdrawal notice. 
        An employer who withdraws an application under subsection (a), 
        or on whose behalf an application is withdrawn, is relieved of 
        the obligations undertaken in the application.
            (2) Limitation.--An application may not be withdrawn while 
        any alien provided status under this title pursuant to such 
        application is employed by the employer.
            (3) Obligations under other statutes.--Any obligation 
        incurred by an employer under any other law or regulation as a 
        result of recruitment of United States workers under an offer 
        of terms and conditions of employment required as a result of 
        making an application under subsection (a) is unaffected by 
        withdrawal of such application.
    (e) Review of Application.--
            (1) In general.--Promptly upon receipt of an application by 
        an employer under subsection (a), the Secretary shall review 
        the application for compliance with the requirements of such 
        subsection.
            (2) Approval of applications.--If the Secretary determines 
        that an application meets the requirements of subsection (a), 
        and the employer is not ineligible to apply under paragraph 
        (2), (3), or (4) of section 1108(b), the Secretary shall, not 
        later than 7 days after the receipt of such application, 
        approve the application and so notify the employer.
            (3) Rejection of applications.--If the Secretary determines 
        that an application fails to meet 1 or more of the requirements 
        of subsection (a), the Secretary, as expeditiously as possible, 
        but in no case later than 7 days after the receipt of such 
        application, shall--
                    (A) notify the employer of the rejection of the 
                application and the reasons for such rejection, and 
                provide the opportunity for the prompt resubmission of 
                an amended application; and
                    (B) offer the applicant an opportunity to request 
                an expedited administrative review or a de novo 
                administrative hearing before an administrative law 
                judge of the rejection of the application.
            (4) Rejection for program violations.--The Secretary shall 
        reject the application of an employer under this section if the 
        employer has been determined to be ineligible to employ workers 
        under section 1108(b) or subsection (b)(2) of section 218 of 
        the Immigration and Nationality Act (8 U.S.C. 1188).
    Sec. 1105. Search of Registry. (a) Search Process and Referral to 
the Employer.--Upon the approval of an application under section 
1104(e), the Secretary shall promptly begin a search of the registry of 
the State (or States) in which the work is to be performed to identify 
registered workers with the qualifications requested by the employer. 
The Secretary shall contact such qualified registered workers and 
determine, in each instance, whether the worker is ready, willing, and 
able to accept the employer's job opportunity and will commit to work 
for the employer at the time and place needed. The Secretary shall 
provide to each worker who commits to work for the employer the 
employer's name, address, telephone number, the location where the 
employer has requested that employees report for employment, and a 
statement disclosing the terms and conditions of employment.
    (b) Deadline for Completing Search Process; Referral of Workers.--
As expeditiously as possible, but not later than 7 days before the date 
on which an employer desires work to begin, the Secretary shall 
complete the search under subsection (a) and shall transmit to the 
employer a report containing the name, address, and social security 
account number of each registered worker who has committed to work for 
the employer on the date needed, together with sufficient information 
to enable the employer to establish contact with the worker. The 
identification of such registered workers in a report shall constitute 
a referral of workers under this section.
    (c) Notice of Insufficient Workers.--If the report provided to the 
employer under subsection (b) does not include referral of a sufficient 
number of registered workers to fill all of the employer's job 
opportunities in the occupation for which the employer applied under 
section 1104(a), the Secretary shall indicate in the report the number 
of job opportunities for which registered workers could not be 
referred, and promptly transmit a copy of the report to the Attorney 
General and the Secretary of State, by electronic or other means 
ensuring next day delivery.
    Sec. 1106. Issuance of Visas and Admission of Aliens. (a) In 
General.--
            (1) Number of admissions.--The Secretary of State shall 
        promptly issue visas to, and the Attorney General shall admit, 
        a sufficient number of eligible aliens designated by the 
        employer to fill the job opportunities of the employer--
                    (A) upon receipt of a copy of the report described 
                in section 1105(c);
                    (B) upon receipt of an application (or copy of an 
                application under subsection (b));
                    (C) upon receipt of the report required by 
                subsection (c)(1)(B); or
                    (D) upon receipt of a report under subsection (d).
            (2) Procedures.--The admission of aliens under paragraph 
        (1) shall be subject to the procedures of section 218A of the 
        Immigration and Nationality Act, as added by this title.
            (3) Agricultural associations.--Aliens admitted pursuant to 
        a report described in paragraph (1) may be employed by any 
        member of the agricultural association that has made the 
        certification required by section 1104(a)(2)(B). Independent 
        contractors, agricultural associations, and such similar 
        entities shall be subject to a cap on the number of H2-A visas 
        that they may sponsor at the discretion of the Secretary of 
        Labor.
    (b) Direct Application Upon Failure To Act.--
            (1) Application to the secretary of state.--If the employer 
        has not received a referral of sufficient workers pursuant to 
        section 1105(b) or a report of insufficient workers pursuant to 
        section 1105(c), by the date that is 7 days before the date on 
        which the work is anticipated to begin, the employer may submit 
        an application for alien workers directly to the Secretary of 
        State, with a copy of the application provided to the Attorney 
        General, seeking the issuance of visas to and the admission of 
        aliens for employment in the job opportunities for which the 
        employer has not received referral of registered workers. Such 
        an application shall include a copy of the employer's 
        application under section 1104(a), together with evidence of 
        its timely submission. The Secretary of State may consult with 
        the Secretary of Labor in carrying out this paragraph.
            (2) Expedited consideration by secretary of state.--The 
        Secretary of State shall, as expeditiously as possible, but not 
        later than 5 days after the employer files an application under 
        paragraph (1), issue visas to, and the Attorney General shall 
        admit, a sufficient number of eligible aliens designated by the 
        employer to fill the job opportunities for which the employer 
        has applied under that paragraph.
    (c) Redetermination of Need.--
            (1) Requests for redetermination.--
                    (A) In general.--An employer may file a request for 
                a redetermination by the Secretary of the needs of the 
                employer if--
                            (i) a worker referred from the registry is 
                        not at the place of employment on the date of 
                        need shown on the application, or the date the 
                        work for which the worker is needed has begun, 
                        whichever is later;
                            (ii) the worker is not ready, willing, 
                        able, or qualified to perform the work 
                        required; or
                            (iii) the worker abandons the employment or 
                        is terminated for a lawful job-related reason.
                    (B) Additional authorization of admissions.--The 
                Secretary shall expeditiously, but in no case later 
                than 72 hours after a redetermination is requested 
                under subparagraph (A), submit a report to the 
                Secretary of State and the Attorney General providing 
                notice of a need for workers under this subsection.
            (2) Job-related requirements.--An employer shall not be 
        required to initially employ a worker who fails to meet lawful 
        job-related employment criteria, nor to continue the employment 
        of a worker who fails to meet lawful, job-related standards of 
        conduct and performance, including failure to meet minimum 
        production standards after a 3-day break-in period.
    (d) Emergency Applications.--Notwithstanding subsections (b) and 
(c), the Secretary may promptly transmit a report to the Attorney 
General and Secretary of State providing notice of a need for workers 
under this subsection for an employer--
            (1) who has not employed aliens under this title in the 
        occupation in question in the prior year's agricultural season;
            (2) who faces an unforeseen need for workers (as determined 
        by the Secretary); and
            (3) with respect to whom the Secretary cannot refer able, 
        willing, and qualified workers from the registry who will 
        commit to be at the employer's place of employment and ready 
        for work within 72 hours or on the date the work for which the 
        worker is needed has begun, whichever is later.
    (e) Regulations.--The Secretary of State shall prescribe 
regulations to provide for the designation of aliens under this 
section.
    Sec. 1107. Employment Requirements. (a) Required Wages.--
            (1) In general.--An employer applying under section 1104(a) 
        for workers shall offer to pay, and shall pay, all workers in 
        the occupation or occupations for which the employer has 
        applied for workers from the registry, not less (and is not 
        required to pay more) than the greater of the prevailing wage 
        in the occupation in the area of intended employment or the 
        adverse effect wage rate.
            (2) Payment of prevailing wage determined by a state 
        employment security agency sufficient.--In complying with 
        paragraph (1), an employer may request and obtain a prevailing 
        wage determination from the State employment security agency. 
        If the employer requests such a determination, and pays the 
        wage required by paragraph (1) based upon such a determination, 
        such payment shall be considered sufficient to meet the 
        requirement of paragraph (1).
            (3) Reliance on wage survey.--In lieu of the procedure of 
        paragraph (2), an employer may rely on other information, such 
        as an employer-generated prevailing wage survey and 
        determination that meets criteria specified by the Secretary.
            (4) Alternative methods of payment permitted.--
                    (A) In general.--A prevailing wage may be expressed 
                as an hourly wage, a piece rate, a task rate, or other 
                incentive payment method, including a group rate. The 
                requirement to pay at least the prevailing wage in the 
                occupation and area of intended employment does not 
                require an employer to pay by the method of pay in 
                which the prevailing rate is expressed, except that, if 
                the employer adopts a method of pay other than the 
                prevailing rate, the burden of proof is on the employer 
                to demonstrate that the employer's method of pay is 
                designed to produce earnings equivalent to the earnings 
                that would result from payment of the prevailing rate.
                    (B) Compliance when paying an incentive rate.--In 
                the case of an employer that pays a piece rate or task 
                rate or uses any other incentive payment method, 
                including a group rate, the employer shall be 
                considered to be in compliance with any applicable 
                hourly wage requirement if the average of the hourly 
                earnings of the workers, taken as a group, the activity 
                for which a piece rate, task rate, or other incentive 
                payment, including a group rate, is paid, for the pay 
                period, is at least equal to the required hourly wage.
                    (C) Task rate.--For purposes of this paragraph, the 
                term ``task rate'' means an incentive payment method 
                based on a unit of work performed such that the 
                incentive rate varies with the level of effort required 
                to perform individual units of work.
                    (D) Group rate.--For purposes of this paragraph, 
                the term ``group rate'' means an incentive payment 
                method in which the payment is shared among a group of 
                workers working together to perform the task.
    (b) Requirement To Provide Housing.--
            (1) In general.--An employer applying under section 1104(a) 
        for registered workers shall offer to provide housing at no 
        cost (except for charges permitted by paragraph (5)) to all 
        workers employed in job opportunities to which the employer has 
        applied under that section, and to all other workers in the 
        same occupation at the place of employment, whose permanent 
        place of residence is beyond normal commuting distance.
            (2) Type of housing.--In complying with paragraph (1), an 
        employer may, at the employer's election, provide housing that 
        meets applicable Federal standards for temporary labor camps or 
        secure housing that meets applicable local standards for rental 
        or public accommodation housing or other substantially similar 
        class of habitation, or, in the absence of applicable local 
        standards, State standards for rental or public accommodation 
        housing or other substantially similar class of habitation.
            (3) Workers engaged in the range production of livestock.--
        The Secretary shall issue regulations that address the specific 
        requirements for the provision of housing to workers engaged in 
        the range production of livestock.
            (4) Limitation.--Nothing in this subsection shall be 
        construed to require an employer to provide or secure housing 
        for persons who were not entitled to such housing under the 
        temporary labor certification regulations in effect on June 1, 
        1986.
            (5) Charges for housing.--
                    (A) Utilities and maintenance.--An employer who 
                provides housing to a worker pursuant to paragraph (1) 
                may charge an amount equal to the fair market value 
                (but not greater than the employer's actual cost) for 
                maintenance and utilities, or such lesser amount as 
                permitted by law.
                    (B) Security deposit.--An employer who provides 
                housing to workers pursuant to paragraph (1) may 
                require, as a condition for providing such housing, a 
                deposit not to exceed $50 from workers occupying such 
                housing to protect against gross negligence or willful 
                destruction of property.
                    (C) Damages.--An employer who provides housing to 
                workers pursuant to paragraph (1) may require a worker 
                found to have been responsible for damage to such 
                housing which is not the result of normal wear and tear 
                related to habitation to reimburse the employer for the 
                reasonable cost of repair of such damage.
            (6) Housing allowance as alternative.--
                    (A) In general.--In lieu of offering housing 
                pursuant to paragraph (1), subject to subparagraphs (B) 
                through (D), the employer may on a case-by-case basis 
                provide a reasonable housing allowance. An employer who 
                offers a housing allowance to a worker pursuant to this 
                subparagraph shall not be deemed to be a housing 
                provider under section 203 of the Migrant and Seasonal 
                Agricultural Worker Protection Act (29 U.S.C. 1823) 
                solely by virtue of providing such housing allowance.
                    (B) Limitation.--At any time after the date that is 
                3 years after the effective date of this title, the 
                governor of the State may certify to the Secretary that 
                there is not sufficient housing available in an area of 
                intended employment of migrant farm workers or aliens 
                provided status pursuant to this title who are seeking 
                temporary housing while employed at farm work. Such 
                certification may be canceled by the governor of the 
                State at any time, and shall expire after 5 years 
                unless renewed by the governor of the State.
                    (C) Effect of certification.--If the governor of 
                the State makes the certification of insufficient 
                housing described in subparagraph (A) with respect to 
                an area of employment, employers of workers in that 
                area of employment may not offer the housing allowance 
                described in subparagraph (A) after the date that is 5 
                years after such certification of insufficient housing 
                for such area, unless the certification has expired or 
                been canceled pursuant to subparagraph (B).
                    (D) Amount of allowance.--The amount of a housing 
                allowance under this paragraph shall be equal to the 
                statewide average fair market rental for existing 
                housing for nonmetropolitan counties for the State in 
                which the employment occurs, as established by the 
                Secretary of Housing and Urban Development pursuant to 
                section 8(c) of the United States Housing Act of 1937 
                (42 U.S.C. 1437f(c)), based on a 2-bedroom dwelling 
                unit and an assumption of 2 persons per bedroom.
    (c) Reimbursement of Transportation.--
            (1) To place of employment.--A worker who is referred to a 
        job opportunity under section 1105(a), or an alien employed 
        pursuant to this title, who completes 50 percent of the period 
        of employment of the job opportunity for which the worker was 
        hired, may apply to the employer for reimbursement of the cost 
        of the worker's transportation and subsistence from the 
        worker's permanent place of residence (or place of last 
        employment, if the worker traveled from such place) to the 
        place of employment to which the worker was referred under 
        section 1105(a).
            (2) From place of employment.--A worker who is referred to 
        a job opportunity under section 1105(a), or an alien employed 
        pursuant to this title, who completes the period of employment 
        for the job opportunity involved, may apply to the employer for 
        reimbursement of the cost of the worker's transportation and 
        subsistence from the place of employment to the worker's 
        permanent place of residence.
            (3) Limitation.--
                    (A) Amount of reimbursement.--Except as provided in 
                subparagraph (B), the amount of reimbursement provided 
                under paragraph (1) or (2) to a worker or alien shall 
                not exceed the lesser of--
                            (i) the actual cost to the worker or alien 
                        of the transportation and subsistence involved; 
                        or
                            (ii) the most economical and reasonable 
                        transportation and subsistence costs that would 
                        have been incurred had the worker or alien used 
                        an appropriate common carrier, as determined by 
                        the Secretary.
                    (B) Distance traveled.--No reimbursement under 
                paragraph (1) or (2) shall be required if the distance 
                traveled is 100 miles or less.
    (d) Continuing Obligation To Employ United States Workers.--
            (1) In general.--An employer that applies for registered 
        workers under section 1104(a) shall, as a condition for the 
        approval of such application, continue to offer employment to 
        qualified, eligible United States workers who are referred 
        under section 1105(b) after the employer receives the report 
        described in section 1105(b).
            (2) Limitation.--An employer shall not be obligated to 
        comply with paragraph (1)--
                    (A) after 50 percent of the anticipated period of 
                employment shown on the employer's application under 
                section 1104(a) has elapsed; or
                    (B) during any period in which the employer is 
                employing no aliens in the occupation for which the 
                United States worker was referred; or
                    (C) during any period when the Secretary is 
                conducting a search of a registry for job opportunities 
                in the occupation and area of intended employment to 
                which the worker has been referred, or other 
                occupations in the area of intended employment for 
                which the worker is qualified that offer substantially 
                similar terms and conditions of employment.
            (3) Limitation on requirement to provide housing.--
        Notwithstanding any other provision of this title, an employer 
        to whom a registered worker is referred pursuant to paragraph 
        (1) may provide a reasonable housing allowance to such referred 
        worker in lieu of providing housing if the employer does not 
        have sufficient housing to accommodate the referred worker and 
        all other workers for whom the employer is providing housing or 
        has committed to provide housing.
            (4) Referral of workers during 50-percent period.--The 
        Secretary shall make all reasonable efforts to place a 
        registered worker in an open job acceptable to the worker, 
        including available jobs not listed on the registry, before 
        referring such worker to an employer for a job opportunity 
        already filled by, or committed to, an alien admitted pursuant 
        to this title.
    Sec. 1108. Enforcement and penalties. (a) Enforcement Authority.--
            (1) Investigation of complaints.--
                    (A) In general.--The Secretary shall establish a 
                process for the receipt, investigation, and disposition 
                of complaints respecting an employer's failure to meet 
                a condition specified in section 1104 or an employer's 
                misrepresentation of material facts in an application 
                under that section. Complaints may be filed by any 
                aggrieved person or any organization (including 
                bargaining representatives). No investigation or 
                hearing shall be conducted on a complaint concerning 
                such a failure or misrepresentation unless the 
                complaint was filed not later than 12 months after the 
                date of the failure or misrepresentation, as the case 
                may be. The Secretary shall conduct an investigation 
                under this paragraph if there is reasonable cause to 
                believe that such a failure or misrepresentation has 
                occurred.
                    (B) Statutory construction.--Nothing in this title 
                limits the authority of the Secretary of Labor to 
                conduct any compliance investigation under any other 
                labor law, including any law affecting migrant and 
                seasonal agricultural workers or, in the absence of a 
                complaint under this paragraph, under this title.
            (2) Written notice of finding and opportunity for appeal.--
        After an investigation has been conducted, the Secretary shall 
        issue a written determination as to whether or not any 
        violation described in subsection (b) has been committed. The 
        Secretary's determination shall be served on the complainant 
        and the employer, and shall provide an opportunity for an 
        appeal of the Secretary's decision to an administrative law 
        judge, who may conduct a de novo hearing.
    (b) Remedies.--
            (1) Back wages.--Upon a final determination that the 
        employer has failed to pay wages as required under this 
        section, the Secretary may assess payment of back wages due to 
        any United States worker or alien described in section 
        101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
        employed by the employer in the specific employment in 
        question. The back wages shall be equal to the difference 
        between the amount that should have been paid and the amount 
        that actually was paid to such worker.
            (2) Failure to pay wages.--Upon a final determination that 
        the employer has failed to pay the wages required under this 
        title, the Secretary may assess a civil money penalty up to 
        $1,000 for each failure, and may recommend to the Attorney 
        General the disqualification of the employer from the 
        employment of aliens described in section 101(a)(15)(H)(ii)(a) 
        of the Immigration and Nationality Act for a period of time 
        determined by the Secretary not to exceed 1 year.
            (3) Other violations.--If the Secretary, as a result of an 
        investigation pursuant to a complaint, determines that an 
        employer covered by an application under section 1104(a) has--
                    (A) filed an application that misrepresents a 
                material fact; or
                    (B) failed to meet a condition specified in section 
                1104,
        the Secretary may assess a civil money penalty not to exceed 
        $1,000 for each violation and may recommend to the Attorney 
        General the disqualification of the employer for substantial 
        violations in the employment of any United States workers or 
        aliens described in section 101(a)(15)(ii)(a) of the 
        Immigration and Nationality Act for a period of time determined 
        by the Secretary not to exceed 1 year. In determining the 
        amount of civil money penalty to be assessed or whether to 
        recommend disqualification of the employer, the Secretary shall 
        consider the seriousness of the violation, the good faith of 
        the employer, the size of the business of the employer being 
        charged, the history of previous violations by the employer, 
        whether the employer obtained a financial gain from the 
        violation, whether the violation was willful, and other 
        relevant factors.
            (4) Program disqualification.--
                    (A) 3 years for second violation.--Upon a second 
                final determination that an employer has failed to pay 
                the wages required under this title or committed other 
                substantial violations under paragraph (3), the 
                Secretary shall report such determination to the 
                Attorney General and the Attorney General shall 
                disqualify the employer from the employment of aliens 
                described in section 101(a)(15)(H)(ii)(a) of the 
                Immigration and Nationality Act for a period of 3 
                years.
                    (B) Permanent for third violation.--Upon a third 
                final determination that an employer has failed to pay 
                the wages required under this section or committed 
                other substantial violations under paragraph (3), the 
                Secretary shall report such determination to the 
                Attorney General, and the Attorney General shall 
                disqualify the employer from any subsequent employment 
                of aliens described in section 101(a)(15)(H)(ii)(a) of 
                the Immigration and Nationality Act.
    (c) Role of Associations.--
            (1) Violation by a member of an association.--An employer 
        on whose behalf an application is filed by an association 
        acting as its agent is fully responsible for such application, 
        and for complying with the terms and conditions of this title, 
        as though the employer had filed the application itself. If 
        such an employer is determined to have violated a requirement 
        of this section, the penalty for such violation shall be 
        assessed against the employer who committed the violation and 
        not against the association or other members of the 
        association.
            (2) Violation by an association acting as an employer.--If 
        an association filing an application on its own behalf as an 
        employer is determined to have committed a violation under this 
        subsection which results in disqualification from the program 
        under subsection (b), no individual member of such association 
        may be the beneficiary of the services of an alien described in 
        section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
        Act in an occupation in which such alien was employed by the 
        association during the period such disqualification is in 
        effect, unless such member files an application as an 
        individual employer or such application is filed on the 
        employer's behalf by an association with which the employer has 
        an agreement that the employer will comply with the 
        requirements of this title.
    Sec. 1109. Alternative Program for the Admission of Temporary H-2A 
Workers. (a) Amendments to the Immigration and Nationality Act.--
            (1) Election of procedures.--Section 214(c)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) is 
        amended--
                    (A) by striking the fifth and sixth sentences;
                    (B) by striking ``(c)(1) The'' and inserting 
                ``(c)(1)(A) Except as provided in subparagraph (B), 
                the''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(B) Notwithstanding subparagraph (A), in the case 
                of the importing of any nonimmigrant alien described in 
                section 101(a)(15)(H)(ii)(a), the importing employer 
                may elect to import the alien under the procedures of 
                section 218 or section 218A, except that any employer 
                that applies for registered workers under section 
                1104(a) of the Agricultural Job Opportunity Benefits 
                and Security Act of 1998 shall import nonimmigrants 
                described in section 101(a)(15)(H)(ii)(a) only in 
                accordance with section 218A. For purposes of 
                subparagraph (A), with respect to the importing of 
                nonimmigrants under section 218, the term `appropriate 
                agencies of Government' means the Department of Labor 
                and includes the Department of Agriculture.''.
            (2) Alternative program.--The Immigration and Nationality 
        Act is amended by inserting after section 218 (8 U.S.C. 1188) 
        the following new section:

   ``alternative program for the admission of temporary h-2a workers

    ``Sec. 218A. (a) Procedure for Admission or Extension of Aliens.--
            ``(1) Aliens who are outside the united states.--
                    ``(A) Criteria for admissibility.--
                            ``(i) In general.--An alien described in 
                        section 101(a)(15)(H)(ii)(a) of the Immigration 
                        and Nationality Act shall be admissible under 
                        this section if the alien is designated 
                        pursuant to section 1106 of the Agricultural 
                        Job Opportunity Benefits and Security Act of 
                        1998, otherwise admissible under this Act, and 
                        the alien is not ineligible under clause (ii).
                            ``(ii) Disqualification.--An alien shall be 
                        ineligible for admission to the United States 
                        or being provided status under this section if 
                        the alien has, at any time during the past 5 
                        years--
                                    ``(I) violated a material provision 
                                of this section, including the 
                                requirement to promptly depart the 
                                United States when the alien's 
                                authorized period of admission under 
                                this section has expired; or
                                    ``(II) otherwise violated a term or 
                                condition of admission to the United 
                                States as a nonimmigrant, including 
                                overstaying the period of authorized 
                                admission as such a nonimmigrant.
                            ``(iii) Initial waiver of ineligibility for 
                        unlawful presence.--An alien who has not 
                        previously been admitted to the United States 
                        pursuant to this section, and who is otherwise 
                        eligible for admission in accordance with 
                        clauses (i) and (ii), shall not be deemed 
                        inadmissible by virtue of section 212(a)(9)(B).
                    ``(B) Period of admission.--The alien shall be 
                admitted for the period requested by the employer not 
                to exceed 10 months, or the ending date of the 
                anticipated period of employment on the employer's 
                application for registered workers, whichever is less, 
                plus an additional period of 14 days, during which the 
                alien shall seek authorized employment in the United 
                States. During the 14-day period following the 
                expiration of the alien's work authorization, the alien 
                is not authorized to be employed unless an employer who 
                is authorized to employ such worker has filed an 
                extension of stay on behalf of the alien pursuant to 
                paragraph (2).
                    ``(C) Abandonment of employment.--
                            ``(i) In general.--An alien admitted or 
                        provided status under this section who abandons 
                        the employment which was the basis for such 
                        admission or providing status shall be 
                        considered to have failed to maintain 
                        nonimmigrant status as an alien described in 
                        section 101(a)(15)(H)(ii)(a) and shall depart 
                        the United States or be subject to removal 
                        under section 237(a)(1)(C)(i).
                            ``(ii) Report by employer.--The employer 
                        (or association acting as agent for the 
                        employer) shall notify the Attorney General 
                        within 7 days of an alien admitted or provided 
                        status under this Act pursuant to an 
                        application to the Secretary of Labor under 
                        section 1106 of the Agricultural Job 
                        Opportunity Benefits and Security Act of 1998 
                        by the employer who prematurely abandons the 
                        alien's employment.
                    ``(D) Issuance of identification and employment 
                eligibility document.--
                            ``(i) In general.--The Attorney General 
                        shall cause to be issued to each alien admitted 
                        under this section a card in a form which is 
                        resistant to counterfeiting and tampering for 
                        the purpose of providing proof of identity and 
                        employment eligibility under section 274A.
                            ``(ii) Design of card.--Each card issued 
                        pursuant to clause (i) shall be designed in 
                        such a manner and contain a photograph and 
                        other identifying information (such as date of 
                        birth, sex, and distinguishing marks) that 
                        would allow an employer to determine with 
                        reasonable certainty that the bearer is not 
                        claiming the identity of another individual, 
                        and shall--
                                    ``(I) specify the date of the 
                                alien's acquisition of status under 
                                this section;
                                    ``(II) specify the expiration date 
                                of the alien's work authorization; and
                                    ``(III) specify the alien's 
                                admission number or alien file number.
            ``(2) Extension of stay of aliens in the united states.--
                    ``(A) Extension of stay.--If an employer with 
                respect to whom a report or application described in 
                section 1106(a)(1) of the Agricultural Job Opportunity 
                Benefits and Security Act of 1998 has been submitted 
                seeks to employ an alien who has acquired status under 
                this section and who is present in the United States, 
                the employer shall file with the Attorney General an 
                application for an extension of the alien's stay or a 
                change in the alien's authorized employment. The 
                application shall be accompanied by a copy of the 
                appropriate report or application described in section 
                1106 of the Agricultural Job Opportunity Benefits and 
                Security Act of 1998.
                    ``(B) Limitation on filing an application for 
                extension of stay.--An application may not be filed for 
                an extension of an alien's stay for a period of more 
                than 10 months, or later than a date which is 3 years 
                from the date of the alien's last admission to the 
                United States under this section, whichever occurs 
                first.
                    ``(C) Work authorization upon filing an application 
                for extension of stay.--An employer may begin employing 
                an alien who is present in the United States who has 
                acquired status under this Act on the day the employer 
                files an application for extension of stay. For the 
                purpose of this requirement, the term `filing' means 
                sending the application by certified mail via the 
                United States Postal Service, return receipt requested, 
                or delivered by guaranteed commercial delivery which 
                will provide the employer with a documented 
                acknowledgment of the date of sending and receipt of 
                the application. The employer shall provide a copy of 
                the employer's application to the alien, who shall keep 
                the application with the alien's identification and 
                employment eligibility document as evidence that the 
                application has been filed and that the alien is 
                authorized to work in the United States. Upon approval 
                of an application for an extension of stay or change in 
                the alien's authorized employment, the Attorney General 
                shall provide a new or updated employment eligibility 
                document to the alien indicating the new validity date, 
                after which the alien is not required to retain a copy 
                of the application.
                    ``(D) Limitation on employment authorization of 
                aliens without valid identification and employment 
                eligibility card.--An expired identification and 
                employment eligibility document, together with a copy 
                of an application for extension of stay or change in 
                the alien's authorized employment, shall constitute a 
                valid work authorization document for a period of not 
                more than 60 days from the date of application for the 
                extension of stay, after which time only a currently 
                valid identification and employment eligibility 
                document shall be acceptable.
                    ``(E) Limitation on an individual's stay in 
                status.--An alien having status under this section may 
                not have the status extended for a continuous period 
                longer than 3 years unless the alien remains outside 
                the United States for an uninterrupted period of 6 
                months. An absence from the United States may break the 
                continuity of the period for which a nonimmigrant visa 
                issued under section 101(a)(15)(H)(ii)(a) is valid. If 
                the alien has resided in the United States 10 months or 
                less, an absence breaks the continuity of the period if 
                its lasts for at least 2 months. If the alien has 
                resided in the United States 10 months or more, an 
                absence breaks the continuity of the period if it lasts 
                for at least one-fifth the duration of the stay.
    ``(b) Study by the Attorney General.--The Attorney General shall 
conduct a study to determine whether aliens under this section depart 
the United States in a timely manner upon the expiration of their 
period of authorized stay. If the Attorney General finds that a 
significant number of aliens do not so depart and that a financial 
inducement is necessary to assure such departure, then the Attorney 
General shall so report to Congress and make recommendations on 
appropriate courses of action.''.
    (b) No Family Members Permitted.--Section 101(a)(15)(H) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by 
striking ``specified in this paragraph'' and inserting ``specified in 
this subparagraph (other than in clause (ii)(a))''.
    (c) Conforming Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 218 the following new item:

``Sec. 218A. Alternative program for the admission of H-2A workers.''.
    (d) Repeal and Additional Conforming Amendments.--
            (1) Repeal.--Section 218 of the Immigration and Nationality 
        Act is repealed.
            (2) Technical amendments.--(A) Section 218A of the 
        Immigration and Nationality Act is redesignated as section 218.
            (B) The table of contents of that Act is amended by 
        striking the item relating to section 218A.
            (C) The section heading for section 218 of that Act is 
        amended by striking ``alternative program for''.
            (3) Termination of employer election.--Section 214(c)(1)(B) 
        of the Immigration and Nationality Act is amended to read as 
        follows:
    ``(B) Notwithstanding subparagraph (A), the procedures of section 
218 shall apply to the importing of any nonimmigrant alien described in 
section 101(a)(15)(H)(ii)(a).''.
            (4) Maintenance of certain section 218 provisions.--Section 
        218 (as redesignated by paragraph (2) of this subsection) is 
        amended by adding at the end the following:
    ``(d) Miscellaneous Provisions.--(1) The Attorney General shall 
provide for such endorsement of entry and exit documents of 
nonimmigrants described in section 101(a)(15)(H)(ii) as may be 
necessary to carry out this section and to provide notice for purposes 
of section 274A.
    ``(2) The provisions of subsections (a) and (c) of section 214 and 
the provisions of this section preempt any State or local law 
regulating admissibility of nonimmigrant workers.''.
            (5) Effective date.--The repeal and amendments made by this 
        subsection shall take effect 5 years after the date of 
        enactment of this title.
    Sec. 1110. Inclusion in Employment-Based Immigration Preference 
Allocation. (a) Amendment of the Immigration and Nationality Act.--
Section 203(b)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 
1153(b)(3)(A)) is amended--
            (1) by redesignating clause (iii) as clause (iv); and
            (2) by inserting after clause (ii) the following:
                            ``(iii) Agricultural workers.--Qualified 
                        immigrants who have completed at least 6 months 
                        of work in the United States in each of 4 
                        consecutive calendar years under section 
                        101(a)(15)(H)(ii)(a), and have complied with 
                        all terms and conditions applicable to that 
                        section.''.
    (b) Conforming Amendment.--Section 203(b)(3)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)(3)(A)) is amended by striking 
``subparagraph (A)(iii)'' and inserting ``subparagraph (A)(iv)''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply to aliens described in section 101(a)(15)(H)(ii)(a) 
admitted to the United States before, on, or after the effective date 
of this title.
    Sec. 1111. Migrant and Seasonal Head Start Program. (a) In 
General.--Section 637(12) of the Head Start Act (42 U.S.C. 9832(12)) is 
amended--
            (1) by inserting ``and seasonal'' after ``migrant''; and
            (2) by inserting before the period the following: ``, or 
        families whose incomes or labor is primarily dedicated to 
        performing seasonal agricultural labor for hire but whose 
        places of residency have not changed to another geographic 
        location in the preceding 2-year period''.
    (b) Funds Set-Aside.--Section 640(a) (42 U.S.C. 9835(a)) is 
amended--
            (1) in paragraph (2), strike ``13'' and insert ``14'';
            (2) in paragraph (2)(A), by striking ``1994'' and inserting 
        ``1998''; and
            (3) by adding at the end the following new paragraph:
            ``(8) In determining the need for migrant and seasonal Head 
        Start programs and services, the Secretary shall consult with 
        the Secretary of Labor, other public and private entities, and 
        providers. Notwithstanding paragraph (2)(A), after conducting 
        such consultation, the Secretary shall further adjust the 
        amount available for such programs and services, taking into 
        consideration the need and demand for such services.''.
    Sec. 1112. Regulations. (a) Regulations of the Attorney General.--
The Attorney General shall consult with the Secretary and the Secretary 
of Agriculture on all regulations to implement the duties of the 
Attorney General under this title.
    (b) Regulations of the Secretary of State.--The Secretary of State 
shall consult with the Attorney General on all regulations to implement 
the duties of the Secretary of State under this title.
    Sec. 1113. Funding. If additional funds are necessary to pay the 
start-up costs of the registries established under section 1103(a), 
such costs may be paid out of amounts available to Federal or State 
governmental entities under the Wagner-Peyser Act (29 U.S.C. 49 et 
seq.). Except as provided for by subsequent appropriation, additional 
expenses incurred for administration by the Attorney General, the 
Secretary of Labor, and the Secretary of State shall be paid for out of 
appropriations otherwise made available to their respective 
departments.
    Sec. 1114. Report to Congress. Not later than 3 years after the 
date of enactment of this Act and 5 years after the date of enactment 
of this Act, the Attorney General and the Secretaries of Agriculture 
and Labor shall jointly prepare and transmit to Congress a report 
describing the results of a review of the implementation of and 
compliance with this title. The report shall address--
            (1) whether the program has ensured an adequate and timely 
        supply of qualified, eligible workers at the time and place 
        needed by employers;
            (2) whether the program has ensured that aliens admitted 
        under this program are employed only in authorized employment, 
        and that they timely depart the United States when their 
        authorized stay ends;
            (3) whether the program has ensured that participating 
        employers comply with the requirements of the program with 
        respect to the employment of United States workers and aliens 
        admitted under this program;
            (4) whether the program has ensured that aliens admitted 
        under this program are not displacing eligible, qualified 
        United States workers or diminishing the wages and other terms 
        and conditions of employment of eligible United States workers;
            (5) whether the housing provisions of this program ensure 
        that adequate housing is available to workers employed under 
        this program who are required to be provided housing or a 
        housing allowance; and
            (6) recommendations for improving the operation of the 
        program for the benefit of participating employers, eligible 
        United States workers, participating aliens, and governmental 
        agencies involved in administering the program.
    Sec. 1115. Presidential Authority. In implementing this title, the 
President of the United States shall not implement any provision that 
he deems to be in violation of any of the following principles--
            (1) where the procedures for using the program are simple 
        and the least burdensome for growers;
            (2) which assures an adequate labor supply for growers in a 
        predictable and timely manner;
            (3) that provides a clear and meaningful first preference 
        for United States farm workers and a means for mitigating 
        against the development of a structural dependency on foreign 
        workers in an area or crop;
            (4) which avoids the transfer of costs and risks from 
        businesses to low wage workers;
            (5) that encourages longer periods of employment for legal 
        United States workers;
            (6) which assures decent wages and working conditions for 
        domestic and foreign farm workers, and that normal market 
        forces work to improve wages, benefits, and working conditions.
    Sec. 1116. Effective Date. This title and the amendments made by 
this title shall take effect 180 days after the date of enactment of 
this title.

           TITLE XII--NURSING RELIEF FOR DISADVANTAGED AREAS

    Sec. 1201. Short Title. This title may be cited as the ``Nursing 
Relief for Disadvantaged Areas Act of 1998''.
    Sec. 1202. Requirements for Admission of Nonimmigrant Nurses in 
Health Professional Shortage Areas during 4-Year Period. (a) 
Establishment of a New Nonimmigrant Classification for Nonimmigrant 
Nurses in Health Professional Shortage Areas.--Section 101(a)(15)(H)(i) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) is 
amended by striking ``; or'' at the end and inserting the following: 
``, or (c) who is coming temporarily to the United States to perform 
services as a registered nurse, who meets the qualifications described 
in section 212(m)(1), and with respect to whom the Secretary of Labor 
determines and certifies to the Attorney General that an unexpired 
attestation is on file and in effect under section 212(m)(2) for the 
facility (as defined in section 212(m)(6)) for which the alien will 
perform the services; or''.
    (b) Requirements.--Section 212(m) of the Immigration and 
Nationality Act (8 U.S.C. 1182(m)) is amended to read as follows:
    ``(m)(1) The qualifications referred to in section 
101(a)(15)(H)(i)(c), with respect to alien who is coming to the United 
States to perform nursing services for a facility, are that the alien--
            ``(A) has obtained a full and unrestricted license to 
        practice professional nursing in the country where the alien 
        obtained nursing education or has received nursing education in 
        the United States;
            ``(B) has passed an appropriate examination (recognized in 
        regulations promulgated in consultation with the Secretary of 
        Health and Human Services) or has a full and unrestricted 
        license under State law to practice professional nursing in the 
        State of intended employment; and
            ``(C) is fully qualified and eligible under the laws 
        (including such temporary or interim licensing requirements 
        which authorize the nurse to be employed) governing the place 
        of intended employment to engage in the practice of 
        professional nursing as a registered nurse immediately upon 
        admission to the United States and is authorized under such 
        laws to be employed by the facility.
    ``(2)(A) The attestation referred to in section 
101(a)(15)(H)(i)(c), with respect to a facility for which an alien will 
perform services, is an attestation as to the following:
            ``(i) The facility meets all the requirements of paragraph 
        (6).
            ``(ii) The employment of the alien will not adversely 
        affect the wages and working conditions of registered nurses 
        similarly employed.
            ``(iii) The alien employed by the facility will be paid the 
        wage rate for registered nurses similarly employed by the 
        facility.
            ``(iv) The facility has taken and is taking timely and 
        significant steps designed to recruit and retain sufficient 
        registered nurses who are United States citizens or immigrants 
        who are authorized to perform nursing services, in order to 
        remove as quickly as reasonably possible the dependence of the 
        facility on nonimmigrant registered nurses.
            ``(v) There is not a strike or lockout in the course of a 
        labor dispute, and the employment of such an alien is not 
        intended or designed to influence an election for a bargaining 
        representative for registered nurses of the facility.
            ``(vi) At the time of the filing of the petition for 
        registered nurses under section 101(a)(15)(H)(i)(c), notice of 
        the filing has been provided by the facility to the bargaining 
        representative of the registered nurses at the facility or, 
        where there is no such bargaining representative, notice of the 
        filing has been provided to the registered nurses employed at 
        the facility through posting in conspicuous locations.
            ``(vii) The facility will not, at any time, employ a number 
        of aliens issued visas or otherwise provided nonimmigrant 
        status under section 101(a)(15)(H)(i)(c) that exceeds 33 
        percent of the total number of registered nurses employed by 
        the facility.
            ``(viii) The facility will not, with respect to any alien 
        issued a visa or otherwise provided non-immigrant status under 
        section 101(a)(15)(H)(i)(c)--
                    ``(I) authorize the alien to perform nursing 
                services at any worksite other than a worksite 
                controlled by the facility; or
                    ``(II) transfer the place of employment of the 
                alien from one worksite to another.
Nothing in clause (iv) shall be construed as requiring a facility to 
have taken significant steps described in such clause before the date 
of the enactment of the Health Professional Shortage Area Nursing 
Relief Act of 1998. A copy of the attestation shall be provided, within 
30 days of the date of filing, to registered nurses employed at the 
facility on the date of the filing.
    ``(B) For purposes of subparagraph (A)(iv), each of the following 
shall be considered a significant step reasonably designed to recruit 
and retain registered nurses:
            ``(i) Operating a training program for registered nurses at 
        the facility or financing (or providing participation in) a 
        training program for registered nurses elsewhere.
            ``(ii) Providing career development programs and other 
        methods of facilitating health care workers to become 
        registered nurses.
            ``(iii) Paying registered nurses wages at a rate higher 
        than currently being paid to registered nurses similarly 
        employed in the geographic area.
            ``(iv) Providing reasonable opportunities for meaningful 
        salary advancement by registered nurses.
The steps described in this subparagraph shall not be considered to be 
an exclusive list of the significant steps that may be taken to meet 
the conditions of subparagraph (A)(iv). Subparagraph (A)(iv)'s 
requirement shall be satisfied by a facility taking any of the steps 
listed in this subparagraph.
    ``(C) Subject to subparagraph (E), an attestation under 
subparagraph (A)--
            ``(i) shall expire on the date that is the later of--
                    ``(I) the end of the one-year period beginning of 
                the date of its filing with the Secretary of Labor; or
                    ``(II) the end of the period of admission under 
                section 101(a)(15)(H)(i)(c) of the last alien with 
                respect to whose admission it was applied (in 
                accordance with clause (ii)); and
            ``(ii) shall apply to petitions filed during the one-year 
        period beginning on the date of its filing with the Secretary 
        of Labor if the facility states in each such petition that it 
        continues to comply with the conditions in the attestation.
    ``(D) A facility may meet the requirements under this paragraph 
with respect to more than one registered nurse in a single petition.
    ``(E)(i) The Secretary of Labor shall compile and make available 
for public examination in a timely manner in Washington, D.C., a list 
identifying facilities which have filed petitions for nonimmigrants 
under section 101(a)(15)(H)(i)(c) and, for each such facility, a copy 
of the facility's attestation under subparagraph (A) (and accompanying 
documentation) and each such petition filed by the facility.
    ``(ii) The Secretary of Labor shall establish a process, including 
reasonable time limits, for the receipt, investigation, and disposition 
of complaints respecting a facility's failure to meet conditions 
attested to or a facility's misrepresentation of a material fact in an 
attestation. Complaints may be filed by any aggrieved person or 
organization (including bargaining representatives, associations deemed 
appropriate by the Secretary, and other aggrieved parties as determined 
under regulations of the Secretary). The Secretary shall conduct an 
investigation under this clause if there is reasonable cause to believe 
that a facility fails to meet conditions attested to. Subject to the 
time limits established under this clause, this subparagraph shall 
apply regardless of whether an attestation is expired or unexpired at 
the time a complaint is filed.
    ``(iii) Under such process, the Secretary shall provide, within 180 
days after the date such a complaint is filed, for a determination as 
to whether or not a basis exists to make a finding described in clause 
(iv). If the Secretary determines that such a basis exists, the 
Secretary shall provide for notice of such determination to the 
interested parties and an opportunity for a hearing on the complaint 
within 60 days of the date of the determination.
    ``(iv) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that a facility (for which an attestation is 
made) has failed to meet a condition attested to or that there was a 
misrepresentation of material fact in the attestation, the Secretary 
shall notify the Attorney General of such finding and may, in addition, 
impose such an administrative remedies (including civil monetary 
penalties in an amount not to exceed $1,000 per nurse per violation, 
with the total penalty not to exceed $10,000 per violation) as the 
Secretary determines to be appropriate. Upon receipt of such notice, 
the Attorney General shall not approve petitions filed with respect to 
a facility during a period of at least one year for nurses to be 
employed by the facility.
    ``(v) In addition to the sanctions provided for under clause (iv), 
if the Secretary of Labor finds, after notice and an opportunity for a 
hearing that, a facility has violated the condition attested to under 
subparagraph (A)(iii) (relating to payment of registered nurses at the 
prevailing wage rate), the Secretary shall order the facility to 
provide for payment of such amounts of back pay as may be required to 
comply with such condition.
    ``(F)(i) The Secretary of Labor shall impose on a facility filing 
an attestation under subparagraph (A) a filing fee, in an amount 
prescribed by the Secretary based on the costs of carrying out the 
Secretary's duties under this subsection, but not exceeding $250.
    ``(ii) Fees collected under this subparagraph shall be deposited in 
a fund established for this purpose in the Treasury of the United 
States.
    ``(iii) The collected fees in the fund shall be available to the 
Secretary of Labor, to the extent and in such amounts as may be 
provided in appropriations Acts, to cover the costs described in clause 
(i), in addition to any other funds that are available to the Secretary 
to cover such costs.
    ``(3) The period of admission of an alien under section 
101(a)(15)(H)(i)(c) shall be 3 years.
    ``(4) The total number of nonimmigrant visas issued pursuant to 
petitions granted under section 101(a)(15)(H)(i)(c) in each fiscal year 
shall not exceed 500. The number of petitions granted under section 
101(a)(15)(H)(i)(c) for each State in each fiscal year shall not exceed 
the following:
            ``(A) For States with populations of less than 9,000,000 
        based upon the 1990 decennial census of population, 25 
        petitions.
            ``(B) For States with populations of 9,000,000 or more, 
        based upon the 1990 decennial census of population, 50 
        petitions.
            ``(C) If the total number of visas available under this 
        paragraph for a calendar quarter exceeds the number of 
        qualified nonimmigrants who may be issued such visas, the visas 
        made available under this paragraph shall be issued without 
        regard to the numerical limitations under subparagraphs (A) and 
        (B) of this paragraph during the remainder of the calendar 
        quarter.
    ``(5) A facility that has filed a petition under section 
101(a)(15)(H)(I)(c) to employ a nonimmigrant to perform nursing 
services for the facility--
            ``(A) shall provide the nonimmigrant a wage rate and 
        working conditions commensurate with those of nurses similarly 
        employed by the facility;
            ``(B) shall require the nonimmigrant to work hours 
        commensurate with those of nurses similarly employed by the 
        facility; and
            ``(C) shall not interfere with the right of the 
        nonimmigrant to join or organize a union.
    ``(6) For purposes of this subsection and section 
101(a)(15)(H)(i)(c), the term `facility' means a subsection (d) 
hospital (as defined in section 1886(d)(1)(B) of the Social Security 
Act (42 U.S.C. 1395ww(d)(1)(B))) that meets the following requirements:
            ``(A) As of March 31, 1997, the hospital was located in a 
        health professional shortage area (as defined in section 332 of 
        the Public Health Service Act (42 U.S.C. 254e)).
            ``(B) Based on its settled cost report filed under title 
        XVIII of the Social Security Act for its costs reporting period 
        beginning during fiscal year 1994--
                    ``(i) the hospital has not less than 190 licensed 
                acute care beds;
                    ``(ii) the number of the hospital's inpatient days 
                for such period which were made up of patients who (for 
                such days) were entitled to benefits under part A of 
                such title is not less than 35 percent of the total 
                number of such hospital's acute care inpatient days for 
                such period; and
                    ``(iii) the number of the hospital's inpatient days 
                for such period which were made up of patients who (for 
                such days) were eligible for medical assistance under a 
                State plan approved under title XIX of the Social 
                Security Act, is not less than 28 percent of the total 
                number of such hospital's acute care inpatient days for 
                such period.''.
    (c) Repealer.--Clause (i) of section 101(a)(15)(H) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) is amended 
by striking subclause (a).
    (d) Implementation.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of Labor (in consultation, to the 
extent required, with the Secretary of Health and Human Services) and 
the Attorney General shall promulgate final or interim final 
regulations to carry out section 212(m) of the Immigration and 
Nationality Act (as amended by subsection (b)).
    (e) Limiting Application of Nonimmigrant Changes to 4-Year 
Period.--The amendments made by this section shall apply to 
classification petitions filed for nonimmigrant status only during the 
4-year period beginning on the date that interim or final regulation 
are first promulgated under subsection (d).
    Sec. 1203. Recommendations for Alternative Remedy for Nursing 
Shortage. Not later than the last day of the 4-year period described in 
section 1202(e), the Secretary of Health and Human Services and the 
Secretary of Labor shall jointly submit to Congress recommendations 
(including legislative specifications) with respect to the following:
            (1) A program to eliminate the dependence of facilities 
        described in section 212(m)(6) of the Immigration and 
        Nationality Act (as amended by section 1202(b)) on nonimmigrant 
        registered nurses by providing for a permanent solution to the 
        shortage of registered nurses who are United States citizens or 
        aliens lawfully admitted for permanent residence.
            (2) A method of enforcing the requirements imposed on 
        facilities under sections 101(a)(15)(H)(i)(c) and 212(m) of the 
        Immigration and Nationality Act (as amended by section 1202) 
        that would be more effective than the process described in 
        section 212(m)(2)(E) of such Act (as so amended).
    This Act may be cited as the ``Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 
1999''.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                               H. R. 4276

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                               AMENDMENT

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