[Congressional Record Volume 143, Number 109 (Tuesday, July 29, 1997)]
[Senate]
[Pages S8226-S8248]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS ACT, 1998
The PRESIDING OFFICER. The pending business of the Senate is to
resume consideration of Senate bill 1022.
The Senate continued with the consideration of the bill.
Mr. SHELBY. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. GREGG. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 995
Mr. GREGG. Mr. President, I ask unanimous consent that the yeas and
nays on the Kyl amendment No. 995 be vitiated.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. ABRAHAM. Mr. President, I rise in support of the amendment of my
friend from Arizona.
As a preliminary matter, I should say that I would have hoped that
this amendment would not be necessary. I do not believe there is any
real difficulty in reconciling the provision from last year's omnibus
appropriations bill prohibiting the use of judiciary's funds to pay for
special masters appointed pre-PLRA with the PLRA's requirement that
masters be paid only with such funds. I believe this can easily be done
without violating the intent of the PLRA's authors, including my friend
from Arizona and myself, that the PLRA's compensation and other
requirements be applied to pre-PLRA masters.
The way to reconcile them is clear: the court can either proceed
without a special master, or it can appoint a new one--or reappoint an
old one--in the manner specified by the PLRA, thereby making the master
eligible for payment under the terms of last year's rider. Indeed, in a
discussion at the end of the last Congress, the distinguished chairman
of the CSJ Appropriations Subcommittee and I agreed that this was the
intended interpretation of the appropriations provision.
[[Page S8227]]
Nevertheless, some courts have instead used this provision as one
basis for concluding that the compensation requirements, and even
special masters provisions other than the compensation requirements, do
not apply to masters appointed pre-PLRA, or even in some instances to
masters appointed post-PLRA in pre-PLRA cases.
Let's look at the continuing saga of the Rikers Island jail in the
Benjamin versus Jacobson case. The basic issue there is whether, as a
result of the PLRA, the court will allow Rikers to store its mops right
side up or upside down, and whether the jail has to use Borax in a
particular concentration to clean certain public areas or whether it
should be allowed to use a different concentration, or even a different
detergent. Or to put the question a little more seriously, the issue
there is whether within the constraints of the Constitution, New York
City will be allowed to run its jail according to what it, rather than
an unelected special master, believes is sound prison policy.
This year, Judge Baer--whose earlier handling of the central aspects
of this case was frankly a model of judicial restraint--issued an order
requiring New York City to continue to fund the special master's office
at approximately $275,000 a year, pay for office space, and provide a
car and a parking space. The order even specified that the car had to
be of a certain type and quality.
Judge Baer had earlier held that the PLRA required dissolution of the
consent decree that had been governing Riker's for years, but the court
of appeals stayed that order pending appeal. Thus, the order retaining
the special master on the old terms was issued in a case that predated
the PLRA, but where it was clear by its own terms that the order
appointing the master had expired. Moreover Judge Baer had previously
upheld the constitutionality and retroactivity of the other provisions
of the act.
For all these reasons one would have thought it clear that even if
last year's prohibition were construed to allow the court to impose the
costs of pre-PLRA-appointed masters on the States, the act's
limitations on special masters should be applied to the reappointment
of this one. Nevertheless, without holding the special masters
limitations unconstitutional, Judge Baer simply declined to follow them
on the theory that the court of appeals stay of his original order
upholding the other provisions of the PLRA was a mandate for him to
preserve the status quo in all respects.
I think the real lesson of this and many other decisions regarding
the PLRA's limitations on prospective relief, as well as many of the
decisions concerning the new habeas provisions, is that judges, like
other human beings, tend to resist change. What, after all, is the old
maxim that statutes in derogation of the common law shall be strictly
construed, if not a fairly blunt statement that courts will construe
any ambiguity in favor of their own ways of doing things?
By clearing up what may seem to some an ambiguity, the amendment of
my friend from Arizona removes one possible source of authority to
which a court can turn in an effort to exercise broad powers through a
special master while making the State or locality whose powers are
being usurped foot the bill.
Accordingly, I am pleased to support his amendment.
Mr. LEAHY. Mr. President, this amendment applies to only a few States
that have been found liable for violations of civil rights or
constitutional rights of prisoners in their prisons before enactment of
the Prison Litigation Reform Act of 1995. There are about 35 special
masters supervising prison conditions that might be affected by this
amendment, although the Administrative Office of the Courts expects
that number to be reduced to 28 by October 1.
Why should Congress and Federal taxpayers be required to bail out
these few States for their poor prison conditions, unconstitutional
treatment, and history of noncompliance with their own consent decrees?
The Congressional Budget Office and Administrative Office of the
Courts estimate that this amendment will cost the Federal Treasury
about $3 million this year. Why should U.S. taxpayers bail out a few
States for one of the costs of bringing their state prison conditions
up to constitutional standards? Will we next be asked to pay for the
other remedial aspects of the decrees that have been agreed to by State
officials? If States want flexibility to use some of the billions of
dollars for prisons that the Federal Government has made available to
the States since passage of the Violent Crime Control and Law
Enforcement Act of 1994 to help defray these costs and expenses, I
would support that.
This amendment raise constitutional concerns because it retroactively
and statutorily seeks to overturn consent decrees where States have
agreed to foot the bill for a special master to monitor their poor
prison conditions and implementing remedies to bring them up to
constitutional standards. Why should Congress overturn decrees already
agreed to by the States involved in these lawsuits over poor prison
conditions? Why should Congress intervene when these matters are
already being reviewed by newly assigned judges in these cases?
The Prison Litigation Reform Act, which was included in last year's
omnibus spending bill, has been construed by the courts not to be
retroactive in order for it not to be held unconstitutional. This
amendment crosses that line and seeks to extend certain questionable
provisions of that law back in time and have them apply to cases that
it was not designed or intended to cover. It will lead to additional
constitutional challenges.
This amendment would bail out a few States by taking money from the
Federal Judiciary's administrative account. That account pays for
improvements in computers in courtrooms, teleconferencing, and other
services that make the administration of justice more effective and
efficient. Why are we taking money away from improving the
administration of justice to bail out these few States?
Mr. GREGG. Mr. President, I ask unanimous consent that the amendment
No. 995 offered by the Senator from Arizona be agreed to.
Mr. HOLLINGS. I will not object.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 995) was agreed to.
Amendment No. 1034
Mr. GREGG. Mr. President, I ask unanimous consent that,
notwithstanding the previous order, it be in order to send an amendment
to the desk.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GREGG. Mr. President, I send the amendment to the desk at this
time.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from New Hampshire [Mr. Gregg] proposes an
amendment numbered 1034.
Mr. GREGG. Mr. President, I ask unanimous consent that further
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the appropriate place, insert:
Notwithstanding any other provision in this Act the amount
for the Department of State ``capital investment fund'' shall
be $105,000,000.
Mr. GREGG. Mr. President, I ask unanimous consent that the amendment
be agreed to.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The amendment (No. 1034) was agreed to.
Mr. GREGG. Mr. President, I suggest the regular order is the vote on
final passage.
The PRESIDING OFFICER. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed for a third reading, and was
read the third time.
The PRESIDING OFFICER. The yeas and nays have not been ordered.
Mr. GREGG. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second? There is a
sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall the bill pass? The yeas and nays have been ordered.
The clerk will call the roll.
[[Page S8228]]
The assistant legislative clerk called the roll.
Mr. NICKLES. I announce that the Senator from Mississippi, [Mr.
Cochran] is necessarily absent.
The result was announced--yeas 99, nays 0, as follows:
[Rollcall Vote No. 206 Leg.]
YEAS--99
Abraham
Akaka
Allard
Ashcroft
Baucus
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bryan
Bumpers
Burns
Byrd
Campbell
Chafee
Cleland
Coats
Collins
Conrad
Coverdell
Craig
D'Amato
Daschle
DeWine
Dodd
Domenici
Dorgan
Durbin
Enzi
Faircloth
Feingold
Feinstein
Ford
Frist
Glenn
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Hagel
Harkin
Hatch
Helms
Hollings
Hutchinson
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kempthorne
Kennedy
Kerrey
Kerry
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Mack
McCain
McConnell
Mikulski
Moseley-Braun
Moynihan
Murkowski
Murray
Nickles
Reed
Reid
Robb
Roberts
Rockefeller
Roth
Santorum
Sarbanes
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Torricelli
Warner
Wellstone
Wyden
NOT VOTING--1
Cochran
The bill (S. 1022), as amended, was passed as follows:
S. 1022
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of
Commerce, Justice, and State, the Judiciary, and related
agencies programs for the fiscal year ending September 30,
1998, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $79,373,000; of which not to exceed
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 43
permanent positions and 44 full-time equivalent workyears and
$7,860,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these
offices in fiscal year 1997: Provided further, That not to
exceed 41 permanent positions and 48 full-time equivalent
workyears and $4,660,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs.
counterterrorism fund
For necessary expenses, as determined by the Attorney
General, $29,450,000 to remain available until expended, to
reimburse any Department of Justice organization for (1) the
costs incurred in reestablishing the operational capability
of an office or facility which has been damaged or destroyed
as a result of any domestic or international terrorist
incident, (2) the costs of providing support to counter,
investigate or prosecute domestic or international terrorism,
including payment of rewards in connection with these
activities, and (3) the costs of conducting a terrorism
threat assessment of Federal agencies and their facilities:
Provided, That funds provided under this section shall be
available only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives
and the Senate in accordance with section 605 of this Act.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration related activities,
$20,007,000.
violent crime reduction programs, administrative review and appeals
For activities authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103-322), as amended, $59,251,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $33,211,000; including not to exceed
$10,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney
General; and for the acquisition, lease, maintenance, and
operation of motor vehicles, without regard to the general
purchase price limitation for the current fiscal year.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized by law, $5,009,000.
Legal Activities
salaries and expenses, general legal activities
For expenses, necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia; $437,178,000; of which not to exceed $10,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the funds available in this
appropriation, not to exceed $24,555,000 shall remain
available until expended for office automation systems for
the legal divisions covered by this appropriation, and for
the United States Attorneys, the Antitrust Division, and
offices funded through ``Salaries and Expenses'', General
Administration: Provided further, That of the total amount
appropriated, not to exceed $1,000 shall be available to the
United States National Central Bureau, INTERPOL, for official
reception and representation expenses: Provided further, That
not to exceed 4 permanent positions and 5 full-time
equivalent workyears and $470,000 shall be expended for the
Office of Legislative Affairs and Public Affairs: Provided
further, That the latter two aforementioned offices shall not
be augmented by personnel details, temporary transfers of
personnel on either a reimbursable or nonreimbursable basis
or any other type of formal or informal transfer or
reimbursement of personnel or funds on either a temporary or
long-term basis.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986 as amended,
not to exceed $4,028,000, to be appropriated from the Vaccine
Injury Compensation Trust Fund.
violent crime reduction programs, general legal activities
For the expeditious deportation of denied asylum
applicants, as authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103-322), as amended, $7,969,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $82,447,000: Provided, That notwithstanding any
other provision of law, not to exceed $70,000,000 of
offsetting collections derived from fees collected for pre-
merger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
General Fund shall be reduced as such offsetting collections
are received during fiscal year 1998, so as to result in a
final fiscal year 1998 appropriation from the General Fund
estimated at not more than $12,447,000: Provided further,
That any fees received in excess of $70,000,000 in fiscal
year 1998, shall remain available until expended, but shall
not be available for obligation until October 1, 1998.
salaries and expenses, united states attorneys
For necessary expenses of the Office of the United States
Attorneys, including intergovernmental and cooperative
agreements, $986,404,000; of which not to exceed $2,500,000
shall be available until September 30, 1999, for (1) training
personnel in debt collection, (2) locating debtors and their
property, (3) paying the net costs of selling property, and
(4) tracking debts owed to the United States Government:
Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 of those funds available for automated litigation
support contracts shall remain available until expended:
Provided further, That not to exceed $8,000,000 for the
design, development, and implementation of an information
systems strategy for D.C. Superior Court shall remain
available until expended: Provided further, That not to
exceed $2,500,000 for the operation of the National Advocacy
Center shall remain available until expended: Provided
further, That not to exceed $10,000,000 shall remain
available until expended to support Violent Crime Task Forces
in United States Attorneys Offices, of which $5,000,000 shall
be available for the expansion of several existing Task
Forces into regionally-diverse demonstration projects,
including inter-governmental, inter-local, cooperative, and
task-force agreements, however denominated, and contracts
with State and local prosecutorial and law enforcement
agencies engaged in the investigation and prosecution of
violent crimes, including bank robbery and carjacking, and
drug trafficking: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to the
Office of the United States Attorneys, not to exceed 8,652
positions and 8,936 full-time equivalent workyears shall be
supported from the funds appropriated in this Act for the
United States Attorneys.
violent crime reduction programs, united states attorneys
For activities authorized by sections 40114, 130005,
190001(b), 190001(d) and 250005 of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, and section 815 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public
[[Page S8229]]
Law 104-132), $46,128,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund, of which $11,408,000 shall be available
for Southwest Border Control and $9,747,000 for expeditious
deportation of denied asylum applicants.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized by 28 U.S.C. 589a(a), $116,721,000, to
remain available until expended and to be derived from the
United States Trustee System Fund: Provided, That
notwithstanding any other provision of law, deposits to the
Fund shall be available in such amounts as may be necessary
to pay refunds due depositors: Provided further, That
notwithstanding any other provision of law, $116,721,000 of
offsetting collections derived from fees collected pursuant
to 28 U.S.C. 589a(b) shall be retained and used for necessary
expenses in this appropriation and remain available until
expended: Provided further, That the sum herein appropriated
from the Fund shall be reduced as such offsetting collections
are received during fiscal year 1998, so as to result in a
final fiscal year 1998 appropriation from the Fund estimated
at $0: Provided further, That any such fees collected in
excess of $116,721,000 in fiscal year 1998 shall remain
available until expended, but shall not be available for
obligation until October 1, 1998.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $1,226,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals
Service; including the acquisition, lease, maintenance, and
operation of vehicles and aircraft, and the purchase of
passenger motor vehicles for police-type use, without regard
to the general purchase price limitation for the current
fiscal year, $471,786,000, as authorized by 28 U.S.C. 561(i);
of which not to exceed $6,000 shall be available for official
reception and representation expenses; and of which not to
exceed $4,000,000 for development, implementation,
maintenance and support, and training for an automated
prisoner information system, and not to exceed $2,200,000 to
support the Justice Prisoner and Alien Transportation System,
shall remain available until expended: Provided, That, for
fiscal year 1998 and thereafter, the service of maintaining
and transporting State, local, or territorial prisoners shall
be considered a specialized or technical service for purposes
of 31 U.S.C. 6505, and any prisoners so transported shall be
considered persons (transported for other than commercial
purposes) whose presence is associated with the performance
of a governmental function for purposes of 49 U.S.C. 40102:
Provided further, That not to exceed 6 permanent positions
and 6 full-time equivalent workyears and $350,000 shall be
expended for the Offices of Legislative Affairs and Public
Affairs: Provided further, That the latter two aforementioned
offices shall not be augmented by personnel details,
temporary transfers of personnel on either a reimbursable or
nonreimbursable basis or any other type of formal or informal
transfer or reimbursement of personnel or funds on either a
temporary or long-term basis.
violent crime reduction programs, united states marshals service
For activities authorized by section 190001(b) of the
Violent Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322), as amended, $25,553,000, to remain available
until expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
federal prisoner detention
For expenses, related to United States prisoners in the
custody of the United States Marshals Service as authorized
in 18 U.S.C. 4013, but not including expenses otherwise
provided for in appropriations available to the Attorney
General, $405,262,000, as authorized by 28 U.S.C. 561(i), to
remain available until expended.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of
witnesses, for expenses of contracts for the procurement and
supervision of expert witnesses, for private counsel
expenses, and for per diems in lieu of subsistence, as
authorized by law, including advances, $75,000,000, to remain
available until expended; of which not to exceed $4,750,000
may be made available for planning, construction,
renovations, maintenance, remodeling, and repair of
buildings, and the purchase of equipment incident thereto,
for protected witness safesites; of which not to exceed
$1,000,000 may be made available for the purchase and
maintenance of armored vehicles for transportation of
protected witnesses; and of which not to exceed $4,000,000
may be made available for the purchase, installation and
maintenance of a secure, automated information network to
store and retrieve the identities and locations of protected
witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964,
$5,319,000: Provided, That notwithstanding any other
provision of law, upon a determination by the Attorney
General that emergent circumstances require additional
funding for conflict prevention and resolution activities of
the Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to this paragraph shall be treated as a
reprogramming under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B),
(F), and (G), as amended, $23,000,000, to be derived from the
Department of Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with
the Radiation Exposure Compensation Act, $2,000,000.
payment to radiation exposure compensation trust fund
For payments to the Radiation Exposure Compensation Trust
Fund, $4,381,000.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime
drug trafficking not otherwise provided for, to include
intergovernmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $294,967,000, to remain available until
expended: Provided, That any amounts obligated from
appropriations under this heading may be used under
authorities available to the organizations reimbursed from
this appropriation: Provided further, That any unobligated
balances remaining available at the end of the fiscal year
shall revert to the Attorney General for reallocation among
participating organizations in succeeding fiscal years,
subject to the reprogramming procedures described in section
605 of this Act.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States; including purchase for
police-type use of not to exceed 3,094 passenger motor
vehicles, of which 2,270 will be for replacement only,
without regard to the general purchase price limitation for
the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance, and operation of
aircraft; and not to exceed $70,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; $2,837,268,000, of
which not to exceed $50,000,000 for automated data processing
and telecommunications and technical investigative equipment
and not to exceed $1,000,000 for undercover operations shall
remain available until September 30, 1999; of which not less
than $257,601,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other
activities related to our national security; of which not to
exceed $84,400,000 for the automation of fingerprint
identification services and related costs and not to exceed
$14,000,000 for research and development related to
investigative activities shall remain available until
expended; and of which not to exceed $10,000,000 is
authorized to be made available for making advances for
expenses arising out of contractual or reimbursable
agreements with State and local law enforcement agencies
while engaged in cooperative activities related to violent
crime, terrorism, organized crime, and drug investigations;
and of which $1,500,000 shall be available to maintain an
independent program office dedicated solely to the relocation
of the Criminal Justice Information Services Division and the
automation of fingerprint identification services: Provided,
That not to exceed $60,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed 59 permanent positions and 59 full-time
equivalent workyears and $5,470,000 shall be expended for the
Office of Legislative Affairs and Public Affairs: Provided
further, That the latter two aforementioned offices shall not
be augmented by personnel details, temporary transfers of
personnel on either a reimbursable or nonreimbursable basis
or any other type of formal or informal transfer or
reimbursement of personnel or funds on either a temporary or
long-term basis.
violent crime reduction programs
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) as amended
(``the 1994 Act''), and the Antiterrorism and Effective Death
Penalty Act of 1996 (``the Antiterrorism Act''),
$179,121,000, to remain available until expended, which shall
be derived from the Violent Crime Reduction Trust Fund; of
which $102,127,000 shall be for activities authorized by
section 190001(c) of the 1994 Act and section 811 of the
Antiterrorism Act; $57,994,000 shall be for activities
authorized by section 190001(b) of the 1994 Act; $4,000,000
shall be for training and investigative assistance authorized
by section 210501 of the 1994 Act; $9,500,000 shall be
[[Page S8230]]
for grants to States, as authorized by section 811(b) of the
Antiterrorism Act; and $5,500,000 shall be for establishing
DNA quality-assurance and proficiency-testing standards,
establishing an index to facilitate law enforcement exchange
of DNA identification information, and related activities
authorized by section 210501 of the 1994 Act: Provided, That
notwithstanding any other law relating to employee
classification, pay, and performance, the Director, Federal
Bureau of Investigation may, with the approval of the
Attorney General, design and implement a system of personnel
management providing for the classification, pay, and
performance of non-Senior Executive Service employees of the
Federal Bureau of Investigation. Except as otherwise provided
by law, no employee compensated under this system may be paid
in excess of the rate of basic pay payable for Level IV of
the Executive Schedule. Payments to employees under this
system shall be subject to the limitation on payments to
General Schedule employees set forth in section 5307 of title
5, United States Code.
construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $59,006,000, to remain
available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs; purchase of not to
exceed 1,602 passenger motor vehicles, of which 1,410 will be
for replacement only, for police-type use without regard to
the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of
aircraft; $639,265,000, of which not to exceed $1,800,000 for
research and $15,000,000 for transfer to the Drug Diversion
Control Fee Account for operating expenses shall remain
available until expended, and of which not to exceed
$4,000,000 for purchase of evidence and payments for
information, not to exceed $10,000,000 for contracting for
automated data processing and telecommunications equipment,
and not to exceed $2,000,000 for laboratory equipment,
$4,000,000 for technical equipment, and $2,000,000 for
aircraft replacement, retrofit and parts, shall remain
available until September 30, 1999; and of which not to
exceed $50,000 shall be available for official reception and
representation expenses: Provided, That not to exceed 29
permanent positions and 29 full-time equivalent workyears and
$2,134,000 shall be expended for the Office of Legislative
Affairs and Public Affairs: Provided further, That the latter
two aforementioned offices shall not be augmented by
personnel details, temporary transfers of personnel on either
a reimbursable or nonreimbursable basis or any other type of
formal or informal transfer or reimbursement of personnel or
funds on either a temporary or long-term basis.
violent crime reduction programs
For activities authorized by sections 180104 and 190001(b)
of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), as amended, and section 814 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132), and for the purchase of not to exceed 1,602
passenger motor vehicles, of which 1,410 will be for
replacement only, for police-type use without regard to the
general purchase price limitation for the current fiscal
year, $441,117,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust Fund.
construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $10,500,000, to remain
available until expended.
Immigration and Naturalization Service
salaries and expenses
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration,
including not to exceed $50,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; purchase for police
type use (not to exceed 2,574, of which 1,711 are for
replacement only), without regard to the general purchase
price limitation for the current fiscal year, and hire of
passenger motor vehicles; acquisition, lease, maintenance and
operation of aircraft; research related to immigration
enforcement; and for the care and housing of Federal
detainees held in the joint INS and United States Marshals
Service's Buffalo Detention Facility; $1,430,199,000, of
which not to exceed $400,000 for research shall remain
available until expended; of which not to exceed $5,000,000
is for payments or advances arising out of contractual or
reimbursable agreements with State and local law enforcement
agencies while engaged in cooperative activities related to
immigration; and of which not to exceed $5,000,000 is to fund
or reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled
illegal aliens: Provided, That the Attorney General may
reallocate to the INS training program from other INS
programs such amounts as may be necessary for direct
expenditure for immigration officer basic training: Provided
further, That none of the funds appropriated or otherwise
made available to the Immigration and Naturalization Service
may be used to accept, process, or forward to the Federal
Bureau of Investigation any FD-258 fingerprint card, or any
other means used to transmit fingerprints, for the purpose of
conducting a criminal background check on any applicant for
any benefit under the Immigration and Nationality Act unless
the applicant's fingerprints have been taken by an office of
the Immigration and Naturalization Service or by a law
enforcement agency, which may collect a fee for the service
of taking and forwarding the fingerprints: Provided further,
That none of the funds available to the INS shall be
available to pay any employee overtime pay in an amount in
excess of $25,000 during the calendar year beginning January
1, 1998, except in such instances when the commissioner
determines that enforcing this overtime provision would harm
enforcement activities: Provided further, That uniforms may
be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further,
That not to exceed $5,000 shall be available for official
reception and representation expenses: Provided further, That
the Land Border Fee Pilot Project scheduled to end September
30, 1996, is extended hereafter, for projects on both the
northern and southern borders of the United States, except
that no pilot program may implement a universal land border
crossing toll: Provided further, That not to exceed 20
permanent positions, of which not less than 11 permanent
positions are caseworkers, and 20 full-time equivalent
workyears and $1,737,000 shall be expended for the Office of
Legislative Affairs and Public Affairs: Provided further,
That the latter two aforementioned offices shall not be
augmented by personnel details, temporary transfers of
personnel on either a reimbursable or nonreimbursable basis
or any other type of formal or informal transfer or
reimbursement of personnel or funds on either a temporary or
long-term basis.
violent crime reduction programs
For activities authorized by sections 130002, 130005,
130006, 130007, and 190001(b) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, and section 813 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132), $719,898,000,
to remain available until expended, which will be derived
from the Violent Crime Reduction Trust Fund.
construction
For planning, construction, renovation, equipping, and
maintenance of buildings and facilities necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, not
otherwise provided for, $73,559,000, to remain available
until expended.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation,
and maintenance of Federal penal and correctional
institutions, including purchase (not to exceed 834, of which
599 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical
assistance and advice on corrections related issues to
foreign governments; $2,933,900,000: Provided, That the
Attorney General may transfer to the Health Resources and
Services Administration such amounts as may be necessary for
direct expenditures by that Administration for medical relief
for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System (FPS), where necessary, may enter into contracts with
a fiscal agent/fiscal intermediary claims processor to
determine the amounts payable to persons who, on behalf of
the FPS, furnish health services to individuals committed to
the custody of the FPS: Provided further, That uniforms may
be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further,
That not to exceed $6,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $90,000,000 for the activation of new
facilities shall remain available until September 30, 1999:
Provided further, That of the amounts provided for Contract
Confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980, as amended, for the care and security
in the United States of Cuban and Haitian entrants: Provided
further, That notwithstanding section 4(d) of the Service
Contract Act of 1965 (41 U.S.C. 353(d)), FPS may enter into
[[Page S8231]]
contracts and other agreements with private entities for
periods of not to exceed 3 years and 7 additional option
years for the confinement of Federal prisoners.
violent crime reduction programs
For substance abuse treatment in Federal prisons as
authorized by section 32001(e) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, $6,135,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust
Fund.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility;
purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use,
including all necessary expenses incident thereto, by
contract or force account; and constructing, remodeling, and
equipping necessary buildings and facilities at existing
penal and correctional institutions, including all necessary
expenses incident thereto, by contract or force account;
$267,833,000, to remain available until expended, of which
not to exceed $14,074,000 shall be available to construct
areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed under
this appropriation: Provided further, That not to exceed 10
percent of the funds appropriated to ``Buildings and
Facilities'' in this Act or any other Act may be transferred
to ``Salaries and Expenses'', Federal Prison System, upon
notification by the Attorney General to the Committees on
Appropriations of the House of Representatives and the Senate
in compliance with provisions set forth in section 605 of
this Act: Provided further, That of the total amount
appropriated, not to exceed $2,300,000 shall be available for
the renovation and construction of United States Marshals
Service prisoner-holding facilities.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
of (not to exceed five for replacement only) and hire of
passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,042,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, and the Missing
Children's Assistance Act, as amended, including salaries and
expenses in connection therewith, and with the Victims of
Crime Act of 1984, as amended, $160,165,000, to remain
available until expended, as authorized by section 1001 of
title I of the Omnibus Crime Control and Safe Streets Act, as
amended by Public Law 102-534 (106 Stat. 3524); of which,
$25,000,000 is for the National Sexual Offender Registry.
For an additional amount, $23,000,000, to remain available
until expended; of which $5,000,000 shall be for Local
Firefighter and Emergency Services Training Grants as
authorized by section 819 of the Antiterrorism and Effective
Death Penalty Act of 1996 (``the Antiterrorism Act''); of
which $14,000,000 shall be for development of
counterterrorism technologies to help State and local law
enforcement combat terrorism, as authorized by section 821 of
the Antiterrorism Act; and of which $4,000,000 shall be for
specialized multi-agency response training.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended, for
State and Local Narcotics Control and Justice Assistance
Improvements, notwithstanding the provisions of section 511
of said Act, $451,500,000, to remain available until
expended, as authorized by section 1001 of title I of said
Act, as amended by Public Law 102-534 (106 Stat. 3524), of
which $75,000,000 shall be available to carry out the
provisions of chapter A of subpart 2 of part E of title I of
said Act, for discretionary grants under the Edward Byrne
Memorial State and Local Law Enforcement Assistance Programs,
of which $6,200,000 shall be for the National Center for
Missing and Exploited Children, of which $2,000,000 shall be
for National Neighborhood Crime and Drug Abuse Prevention
Programs, of which $2,097,000 shall be available to the
Executive Office of United States Attorneys to support the
National District Attorneys Association's participation in
legal education training at the National Advocacy Center, of
which $100,000 shall be available for a grant to Roberts
County, South Dakota, for establishment of a 911 emergency
system; and of which $900,000 shall be available for a grant
to the South Dakota Division of Criminal Investigation for
the procurement of equipment for law enforcement
telecommunications, emergency communications, and the State
forensic laboratory.
violent crime reduction programs, state and local law enforcement
assistance
For assistance (including amounts for administrative costs
for management and administration, which amounts shall be
transferred to and merged with the ``Justice Assistance''
account) authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''); the Omnibus Crime Control and Safe
Streets Act of 1968, as amended (``the 1968 Act''); and the
Victims of Child Abuse Act of 1990, as amended (``the 1990
Act''); $2,154,650,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust
Fund; of which $503,000,000 shall be for Local Law
Enforcement Block Grants, pursuant to H.R. 728 as passed by
the House of Representatives on February 14, 1995, of which
$25,000,000 shall be for grants to States for programs and
activities to enforce State laws prohibiting the sale of
alcoholic beverages to minors or the purchase or consumption
of alcoholic beverages by minors: Provided, That of the
amount made available for Local Law Enforcement Block Grants
under this heading, $10,000,000 shall be for the Community
Policing to Combat Domestic Violence Program established
pursuant to section 1701(d) of part Q of the Omnibus Crime
Control and Safe Streets Act of 1968: Provided further, That
for the purpose of eligibility for the Local Law Enforcement
Block Grant Program in the State of Louisiana, parish
sheriffs and district attorneys are to be considered the unit
of local government under section 108 of H.R. 728: Provided
further, That no funds provided under this heading may be
used as matching funds for any other Federal grant program:
Provided further, That $2,400,000 of this amount shall be for
discretionary grants for State and local law enforcement to
form specialized cyber units to investigate and prevent child
sexual exploitation: Provided further, That $20,000,000 of
this amount shall be for Boys and Girls Clubs in public
housing facilities and other areas in cooperation with State
and local law enforcement: Provided further, That funds may
also be used to defray the costs of indemnification insurance
for law enforcement officers; of which $45,000,000 shall be
for grants to upgrade criminal records, as authorized by
section 106(b) of the Brady Handgun Violence Prevention Act
of 1993, as amended, and section 4(b) of the National Child
Protection Act of 1993; of which $128,500,000 shall be
available as authorized by section 1001 of title I of the
1968 Act to carry out the provisions of subpart 1, part E of
title I of the 1968 Act notwithstanding section 511 of said
Act for the Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs; of which $350,000,000 shall
be for the State Criminal Alien Assistance Program, as
authorized by section 242(j) of the Immigration and
Nationality Act, as amended; of which $740,500,000 shall be
for Violent Offender Incarceration and Truth in Sentencing
Incentive Grants pursuant to subtitle A of title II of the
1994 Act, of which $150,000,000 shall be available for
payments to States for incarceration of criminal aliens, of
which $35,000,000 shall be available for the Cooperative
Agreement Program, and of which $5,000,000 shall be reserved
by the Attorney General for fiscal year 1998 under section
20109(a) of subtitle A of title II of the 1994 Act; of which
$7,000,000 shall be for the Court Appointed Special Advocate
Program, as authorized by section 218 of the 1990 Act; of
which $2,000,000 shall be for Child Abuse Training Programs
for Judicial Personnel and Practitioners, as authorized by
section 224 of the 1990 Act; of which $160,000,000 shall be
for Grants to Combat Violence Against Women, to States, units
of local government, and Indian tribal governments, as
authorized by section 1001(a)(18) of the 1968 Act; of which
$59,000,000 shall be for Grants to Encourage Arrest Policies
to States, units of local government, and Indian tribal
governments, as authorized by section 1001(a)(19) of the 1968
Act; of which $25,000,000 shall be for Rural Domestic
Violence and Child Abuse Enforcement Assistance Grants, as
authorized by section 40295 of the 1994 Act; of which
$7,000,000 shall be for training programs to assist probation
and parole officers who work with released sex offenders, as
authorized by section 40152(c) of the 1994 Act; of which
$1,000,000 shall be for grants for televised testimony, as
authorized by section 1001(a)(7) of the 1968 Act; of which
$2,750,000 shall be for national stalker and domestic
violence reduction, as authorized by section 40603 of the
1994 Act; of which $61,200,000 shall be for grants for
residential substance abuse treatment for State prisoners as
authorized by section 1001(a)(17) of the 1968 Act; of which
$15,000,000 shall be for grants to States and units of local
government for projects to improve DNA analysis, as
authorized by section 1001(a)(22) of the 1968 Act; of which
[[Page S8232]]
$900,000 shall be for the Missing Alzheimer's Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994
Act; of which $3,800,000 shall be for Motor Vehicle Theft
Prevention Programs, as authorized by section 220002(h) of
the 1994 Act; of which $40,000,000 shall be for Drug Courts,
as authorized by title V of the 1994 Act; of which $1,000,000
shall be for Law Enforcement Family Support Programs, as
authorized by section 1001(a)(21) of the 1968 Act; and of
which $2,000,000 shall be for public awareness programs
addressing marketing scams aimed at senior citizens as
authorized by section 250005(3) of the 1994 Act: Provided
further, That funds made available in fiscal year 1998 under
subpart 1 of part E of title I of the 1968 Act may be
obligated for programs to assist States in the litigation
processing of death penalty Federal habeas corpus petitions:
Provided further, That section 20105(c) of subtitle A of
title II of the 1994 Act (42 U.S.C. 13705(c)) is amended to
read as follows ``Notwithstanding any other provision of this
subtitle, States may use grant funds to build or expand State
or local juvenile correctional facilities and boot camps, for
violent and non-violent juvenile offenders.
weed and seed program fund
For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to
implement ``Weed and Seed'' program activities, $33,500,000,
which shall be derived from discretionary grants provided
under the Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs, to remain available until
expended for intergovernmental agreements, including grants,
cooperative agreements, and contracts, with State and local
law enforcement agencies engaged in the investigation and
prosecution of violent crimes and drug offenses in ``Weed and
Seed'' designated communities, and for either reimbursements
or transfers to appropriation accounts of the Department of
Justice and other Federal agencies which shall be specified
by the Attorney General to execute the ``Weed and Seed''
program strategy: Provided, That funds designated by Congress
through language for other Department of Justice
appropriation accounts for ``Weed and Seed'' program
activities shall be managed and executed by the Attorney
General through the Executive Office for Weed and Seed:
Provided further, That the Attorney General may direct the
use of other Department of Justice funds and personnel in
support of ``Weed and Seed'' program activities only after
the Attorney General notifies the Committees on
Appropriations of the House of Representatives and the Senate
in accordance with section 605 of this Act.
Community Oriented Policing Services
violent crime reduction programs
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994, Public Law 103-322 (``the 1994
Act'') (including administrative costs), $1,400,000,000, to
remain available until expended, which shall be derived from
the Violent Crime Reduction Trust Fund, for Public Safety and
Community Policing Grants pursuant to title I of the 1994
Act: Provided, That not to exceed 270 permanent positions and
228 full-time equivalent workyears and $24,669,000 shall be
expended for program management and administration.
In addition, for activities authorized by the 1994 Act,
$40,000,000 for the Police Corps program to remain available
until expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended, including salaries and
expenses in connection therewith to be transferred to and
merged with the appropriations for Justice Assistance,
$230,922,000, to remain available until expended, as
authorized by section 299 of part I of title II, as amended
by Public Law 102-586, of which (1) notwithstanding any other
provision of law, $5,922,000 shall be available for expenses
authorized by part A of title II of the Act, $86,500,000
shall be available for expenses authorized by part B of title
II of the Act, and $29,500,000 shall be available for
expenses authorized by part C of title II of the Act; (2)
$12,000,000 shall be available for expenses authorized by
sections 281 and 282 of part D of title II of the Act for
prevention and treatment programs relating to juvenile gangs;
(3) $10,000,000 shall be available for expenses authorized by
section 285 of part E of title II of the Act; (4) $12,000,000
shall be available for expenses authorized by part G of title
II of the Act for juvenile mentoring programs; and (5)
$75,000,000 shall be available for the Anti-Truancy, School
Violence and Crime Intervention Program.
In addition, for grants, contracts, cooperative agreements,
and other assistance authorized by the Victims of Child Abuse
Act of 1990, as amended, $4,500,000, to remain available
until expended, as authorized by sections 214B of the Act.
Juvenile Block Grants
violent crime reduction programs
For activities of the Juvenile Justice Block Grant Program,
$145,000,000, to remain available until expended, which shall
be derived from the Violent Crime Reduction Trust Fund:
Provided, That none of the funds appropriated or otherwise
made available by this Act for ``Juvenile Block Grants'' may
be obligated or expended unless such obligation or
expenditure is expressly authorized by the enactment of a
subsequent Act.
public safety officers benefits
To remain available until expended, for payments authorized
by part L of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796), as amended, such sums
as are necessary, as authorized by section 6093 of Public Law
100-690 (102 Stat. 4339-4340); and $2,000,000 for the Federal
Law Enforcement Education Assistance Program, as authorized
by section 1212 of said Act.
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $45,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses in accordance with distributions,
procedures, and regulations established by the Attorney
General.
Sec. 102. Authorities contained in the Department of
Justice Appropriation Authorization Act, Fiscal Year 1980
(Public Law 96-132, 93 Stat. 1040 (1979)), as amended, shall
remain in effect until the termination date of this Act or
until the effective date of a Department of Justice
Appropriation Authorization Act, whichever is earlier.
Sec. 103. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That
should this prohibition be declared unconstitutional by a
court of competent jurisdiction, this section shall be null
and void.
Sec. 104. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 105. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 104 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 106. Notwithstanding any other provision of law, not
to exceed $10,000,000 of the funds made available in this Act
may be used to establish and publicize a program under which
publicly-advertised, extraordinary rewards may be paid, which
shall not be subject to spending limitations contained in
sections 3059 and 3072 of title 18, United States Code:
Provided, That any reward of $100,000 or more, up to a
maximum of $2,000,000, may not be made without the personal
approval of the President or the Attorney General and such
approval may not be delegated.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice in this Act, including those derived from the Violent
Crime Reduction Trust Fund, may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Sec. 108. Section 524(c)(8)(E) of title 28, United States
Code, is amended by striking the year in the date therein
contained and replacing the same with ``1997 and
thereafter''.
Sec. 109. The Director, Federal Bureau of Investigation, is
authorized to carry out a 2-year demonstration project
showing the viability for the defensive arming of select non-
agent personnel: Provided, That the Director, Federal Bureau
of Investigation, may authorize to carry firearms not more
than 50 non-agent investigative specialists assigned to
special surveillance groups supporting investigations,
counterintelligence and counterterrorism activities: Provided
further, That personnel designated under this authority shall
meet selection criteria established by the Director, Federal
Bureau of Investigation, and successfully complete training
for firearms proficiency, defensive tactics, and deadly force
policy: Provided further, That personnel designated under
this authority shall not be deemed law enforcement officers
under Title 5, United States Code, for pay, retirement,
position classification, or other purposes: Provided further,
That the Director, Federal Bureau of Investigation, shall
submit to the Committees on the Judiciary of both the House
and the Senate, by March 31, 1999, a report on the viability
of the defensive arming demonstration project along with
recommendations for permanent authority for non-agent
personnel or discontinuance of the demonstraton project.
Sec. 110. The Immigration and Nationality Act of 1952, as
amended, is further amended--
(a) by striking entirely section 286(s);
(b) in section 286(r) by--
(1) adding ``, and amount described in section
245(i)(3)(b)'' after ``recovered by the Department of
Justice'' in subsection (2);
(2) replacing ``Immigration and Naturalization Service''
with ``Attorney General'' in subsection (3); and
(3) striking subsection (4), and replacing it with, ``The
amounts required to be refunded from the Fund for fiscal year
1998 and thereafter shall be refunded in accordance with
estimates made in the budget request of the
[[Page S8233]]
President for those fiscal years. Any proposed changes in the
amounts designated in such budget requests shall only be made
after Congressional reprogramming notification in accordance
with the reprogramming guidelines for the applicable fiscal
year.''; and
(c) in section 245(i)(3)(B), by replacing ``Immigration
Detention Account established under section 286(s)'' with
``Breached Bond/Detention Fund established under section
286(r)''.
Sec. 111. Section 506(c) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1995 (8 U.S.C. 1182 note, 1255 note) is
amended by deleting everything after ``1994''.
Sec. 112. (a) Short Title.--This section may be cited as
the ``Philippine Army, Scouts, and Guerilla Veterans of World
War II Naturalization Act of 1997''.
(b) In General.--Section 405 of the Immigration and
Nationality Act of 1990 (8 U.S.C. 1440 note) is amended--
(1) by striking subparagraph (B) of subsection (a)(1) and
inserting the following:
``(B) who--
``(i) is listed on the final roster prepared by the
Recovered Personnel Division of the United States Army of
those who served honorably in an active duty status within
the Philippine Army during the World War II occupation and
liberation of the Philippines,
``(ii) is listed on the final roster prepared by the
Guerilla Affairs Division of the United States Army of those
who received recognition as having served honorably in an
active duty status within a recognized guerilla unit during
the World War II occupation and liberation of the
Philippines, or
``(iii) served honorably in an active duty status within
the Philippine Scouts or within any other component of the
United States Armed Forces in the Far East (other than a
component described in clause (i) or (ii)) at any time during
the period beginning September 1, 1939, and ending December
31, 1946:'';
(2) by adding at the end of subsection (a) the following
new paragraph:
``(3)(A) For purposes of the second sentence of section
329(a) and section 329(b)(3) of the Immigration and
Nationality Act, the executive department under which a
person served shall be--
``(i) in the case of an applicant claiming to have served
in the Philippine Army, the United States Department of the
Army;
``(ii) in the case of an applicant claiming to have served
in a recognized guerilla unit, the United States Department
of the Army or, in the event the Department of the Army has
no record of military service of such applicant, the General
Headquarters of the Armed Forces of the Philippines; or
``(iii) in the case of an applicant claiming to have served
in the Philippine Scouts or any other component of the United
States Armed Forces in the Far East (other than a component
described in clause (i) or (ii)) at any time during the
period beginning September 1, 1939, and ending December 31,
1946, the United States executive department (or successor
thereto) that exercised supervision over such component.
``(B) An executive department specified in subparagraph (A)
may not make a determination under the second sentence of
section 329(a) with respect to the service or separation from
service of a person described in paragraph (1) except
pursuant to a request from the Service.''; and
(3) by adding at the end the following new subsection:
``(d) Implementation.--(1) Notwithstanding any other
provision of law, for purposes of the naturalization of
natives of the Philippines under this section--
``(A) the processing of applications for naturalization,
filed in accordance with the provisions of this section,
including necessary interviews, shall be conducted in the
Philippines by employees of the Service designated pursuant
to section 335(b) of the Immigration and Nationality Act; and
``(B) oaths of allegiance for applications for
naturalization under this section shall be administered in
the Philippines by employees of the Service designated
pursuant to section 335(b) of that Act.
``(2) Notwithstanding paragraph (1), applications for
naturalization, including necessary interviews, may continue
to be processed, and oaths of allegiance may continue to be
taken in the United States.''.
(c) Repeal.--Section 113 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (8 U.S.C. 1440 note), is repealed.
(d) Effective Date; Termination Date.--
(1) Application to pending applications.--The amendments
made by subsection (b) shall apply to applications filed
before February 3, 1995.
(2) Termination date.--The authority provided by the
amendments made by subsection (b) shall expire February 3,
2001.
Sec. 113. (a) Section 101(a)(27)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended to read
as follows:
``(J) an immigrant--
``(i) who is present in the United States without having
been admitted or paroled, or who has been paroled into the
United States by the Attorney General specifically for the
purpose of obtaining special immigrant status pursuant to
this subparagraph;
``(ii)(I) who has been declared dependent on a juvenile
court located in the United States if the dependency order is
issued pursuant to a request made on behalf of the alien, the
court notifies the Attorney General of the request for the
order, and the Attorney General expressly consents to the
court hearing the request; or
``(II) whom the juvenile court has legally committed to, or
placed under the custody of, an agency or department of a
State and who has been deemed eligible by that court for
long-term foster care, except that while the alien is in the
actual or constructive custody of the Attorney General, the
court shall have jurisdiction to determine the custody status
of the alien only if the Attorney General expressly consents
to that jurisdiction; and
``(iii) for whom it has been determined in administrative
or judicial proceedings that it would not be in the alien's
best interest to be returned to the alien's or parent's
previous country of nationality or country of last habitual
residence; except that no natural parent or prior adoptive
parent of any alien provided special immigrant status under
this subparagraph shall thereafter, by virtue of such
parentage, be accorded any right, privilege, or status under
this Act.''.
(b) Adjustment of Status.--Section 245(h) of the
Immigration and Nationality Act (8 U.S.C. 1255(h)) is amended
by striking the period at the end and inserting the
following: ``, unless the alien was paroled into the United
States by the Attorney General specifically in order to apply
for such special immigrant status. Nothing in this subsection
or section 101(a)(27)(J) shall be construed to require the
Attorney General to parole into the United States any alien
specifically for this purpose.''.
Sec. 114. (a) Section 1402 of the Victims of Crime Act of
1984, (42 U.S.C. 10601), is amended in subsection (d) by--
(1) replacing ``judicial branch administrative costs; grant
program percentages'' in the heading with ``grant programs'';
(2) striking paragraph (1);
(3) replacing ``the next'' in paragraph (2) with ``The
first''; and
(4) redesignating paragraphs (2) through (4) as paragraphs
(1) through (3), respectively.
(b) Any unobligated sums hitherto available to the judicial
branch pursuant to the paragraph repealed by section (a)
shall be deemed to be deposits into the Crime Victims Fund as
of the effective date hereof and may be used by the Director
of the Office for Victims of Crime to improve services for
the benefit of crime victims, including the processing and
tracking of criminal monetary penalties and related
litigation activities, in the federal criminal justice
system.
Sec. 115. Not to exceed $200,000 of funds appropriated
under section 1304 of title 31, United States Code, shall be
available for payment pursuant to the Hearing Officer's
Report in United States Court of Federal Claims No. 93-645X
(June 3, 1996) (see 35 Fed. Cl. 99 (March 7, 1996)).
Sec. 116. (a) In General.--Section 170101(a) of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14071(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``with a designated
State law enforcement agency''; and
(B) in subparagraph (B), by striking ``with a designated
State law enforcement agency''; and
(2) by striking paragraph (2), and inserting the following:
``(2) Determination by state boards.--
``(A) In general.--A determination that a person is a
sexually violent predator or a determination that a person is
no longer a sexually violent predator for purposes of this
section shall be made by the sentencing court, after
considering--
``(i) the recommendations of the appropriate State board or
boards under subparagraph (B)(iii); or
``(ii) with respect to a State described in subparagraph
(C), the recommendations of the State, which shall be made in
accordance with the procedures described in that
subparagraph.
``(B) State boards.--
``(i) In general.--Except as provided in subparagraph (C),
not later than 2 years after the date of enactment of the
Jacob Wetterling Crimes Against Children and Sexually Violent
Offenders Registration Improvements Act of 1997, each State
shall establish 1 or more State boards in accordance with
this subparagraph.
``(ii) Membership.--Each State board established under this
subparagraph shall be composed of--
``(I) experts in the behavior and treatment of sex
offenders;
``(II) victims' rights advocates; and
``(III) representatives of law enforcement agencies.
``(iii) Recommendations.--Upon the request of a sentencing
court, a State board established under this subparagraph
shall make a recommendation to the sentencing court regarding
whether a person is a sexually violent predator or whether a
person is no longer a sexually violent predator for purposes
of this section.
``(C) Waiver.--The Attorney General of the United States
may waive the requirement that a State establish 1 or more
boards in accordance with subparagraph (B), if the State
demonstrates to the satisfaction of the Attorney General that
the State--
``(i) has established alternative procedures for making
recommendations to a sentencing court for purposes of
subparagraph (A); and
[[Page S8234]]
``(ii) will make a recommendation described in clause (i)
with respect to any person, upon the request of the
sentencing court.''.
(b) Requirements Upon Release, Parole, Supervised Release,
or Probation.--Section 170101(b) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14071(b)) is
amended--
(1) in paragraph (1)--
(A) by striking the paragraph designation and heading and
inserting the following:
``(1) Duties of responsible officials.--'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking ``or in
the case of probation, the court'' and inserting ``a
designated State agency, the court, or other responsible
official'';
(ii) in clause (ii), by striking ``give'' and all that
follows before the semicolon and inserting ``report the
change of address as provided by State law''; and
(iii) in clause (iii), by striking ``shall register'' and
all that follows before the semicolon and inserting ``shall
report the change of address as provided by State law and
comply with any registration requirement in the new State of
residence''; and
(C) in subparagraph (B), by striking ``or the court'' and
inserting ``, the designated State agency, the court, or
other responsible official'';
(2) by striking paragraph (2) and inserting the following:
``(2) Transfer of information to federal bureau of
investigation and to state.--
``(A) In general.--A designated State agency, the court, or
other responsible official, shall forward the registration
information to the agency responsible for registration under
State law, in accordance with State procedures that meet the
requirements of subparagraph (B).
``(B) State procedures.--State procedures shall ensure
that, as promptly as practicable--
``(i) the registration information is provided and made
available to a law enforcement agency having jurisdiction
where the person expects to reside;
``(ii) the registration information is entered into the
appropriate State records or data system; and
``(iii) conviction data and fingerprints for registered
persons are transmitted to the Federal Bureau of
Investigation.'';
(3) in paragraph (3)(A)--
(A) in the matter preceding clause (i), by inserting after
``(a)(1)'' the following: ``with respect to any person
required to register under subsection (a)(1)(A), State
procedures shall provide for verification of address not less
than annually. Such verification may be effected by providing
that,'';
(B) in clause (i), by striking ``The designated State law
enforcement'' and inserting ``A designated'';
(C) in clause (ii), by striking ``State law enforcement'';
(D) in clause (iii), by striking ``to the designated State
law enforcement agency''; and
(E) in clause (iv), by striking ``State law enforcement'';
(4) in paragraph (4), by striking ``section reported'' and
all that follows before the period at the end and inserting
``section shall be reported by the person in the manner
provided by State law. State procedures shall ensure that the
updated address information is provided promptly to a law
enforcement agency having jurisdiction over the location at
which the person will reside and that the information is
entered into the appropriate State records or data system'';
(5) in paragraph (5), by striking ``shall register'' and
all that follows before the period at the end and inserting
``and who moves to another State, shall report the change of
address to the responsible agency in the State the person is
leaving, and shall comply with any registration requirement
in the new State of residence. The procedures of the State
the person is leaving shall ensure that notice is provided
promptly to an agency responsible for registration in the new
State, if that State requires registration''; and
(6) by adding at the end the following:
``(7) Offenders crossing state borders.--
``(A) In general.--
``(i) Registration under laws of certain states.--Any
person who is required to register in that person's State of
residence under this section shall also register in
accordance with the law that governs the registration,
verification, and notification of sex offenders of each State
in which that person is--
``(I) employed or carries on a vocation; or
``(II) enrolled as a student.
``(ii) Definitions.--In this subparagraph--
``(I) the term `employed or carries on a vocation' includes
employment that is full-time or part-time, for a period of
time exceeding 14 days or for an aggregate period of time
exceeding 30 days during any calendar year, whether
financially compensated, volunteered, or for the purpose of
government or educational benefit; and
``(II) the term `student' includes any person who is
enrolled on a full-or part-time basis, in any public or
private educational institution, including any secondary
school, trade or professional institution, or institution of
higher education.
``(B) Notification requirements.--The State authority
responsible for the registration of sex offenders in each
State shall ensure that each person who is required to
register under this paragraph is notified of the requirements
of this paragraph and the potential consequences of a failure
to comply with those requirements.
``(8) Relocating state probationers and parolees.--
``(A) In general.--Notwithstanding any conflicting terms of
a probation, parole, or transfer agreement, any person who is
serving a sentence of probation, parole, or other supervised
release for conviction of an offense that requires
registration under this section, and who is residing in any
State other than the State in which that person was sentenced
for that offense, shall register in accordance with the law
of the State of residence of the offender that governs the
registration and notification of sex offenders, regardless of
any registration or notification obligation under the law of
the State in which that person was sentenced for the offense.
``(B) Effect of failure to comply.--A person required to
register under subparagraph (A) who knowingly fails to comply
with this paragraph, not later than 10 days after the date on
which the person establishes residence in a State other than
the State in which the person was sentenced as described in
subparagraph (A)--
``(i) shall be subject to punishment by a State with
respect to which the person is registered under subparagraph
(A); and
``(ii) shall be guilty of an extraditable offense, for
which a Federal warrant for unlawful flight to avoid
prosecution is available.
``(C) Notification requirements.--Each State authority
responsible for the registration of sex offenders who reside
in that State--
``(i) shall ensure, during the course of verification of
registration information, that each person who is required to
register under this paragraph is notified of the requirements
of this paragraph and the potential consequences of a failure
to comply with those requirements; and
``(ii) whether the relocation of a sex offender described
in this paragraph occurs under courtesy supervision or
otherwise, shall--
``(I) notify the authority responsible for sex offender
registration and notification in the State of relocation of
the pending arrival of the offender in that State of
relocation; and
``(II) provide the authority responsible for sex offender
registration and notification in the State of relocation with
information relating to the sex offender, including--
``(aa) the social security number, physical description,
criminal record, terms of supervision, and any alias of the
sex offender; and
``(bb) the address, telephone number, and any place of
employment of the sex offender in the State of relocation.
``(9) Reporting requirement.--Not later than July 1, 1999,
a State shall submit a report to the Attorney General that
sets forth existing or proposed laws, including penalty
provisions, regarding stalking crimes against individuals 16
years of age or younger.''.
(c) Release of Information.--Section 170101(d)(3) of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14071(d)(3)) is amended--
(1) by striking ``the designated'' and all that follows
through ``State agency'' and inserting ``the State or any
agency authorized by the State'';
(2) by inserting ``to be disclosed only for criminal
justice purposes'' after ``private data''; and
(3) by adding at the end the following: ``The sale or
exchange of such information for profit or remuneration is
prohibited and shall be subject to prosecution under State
law.''.
(d) Immunity for Good Faith Conduct.--Section 170101(e) of
the Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14071(e)) is amended by striking ``and State
officials'' and inserting ``independent contractors acting at
the direction of those agencies, and State officials''.
(e) Federal Offenders and Military Personnel.--Section
170102(g)(3) of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14072(g)(3)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii) and indenting each clause 2 ems to the right;
(2) by striking ``A person'' and inserting the following:
``(A) In general.--A person''; and
(3) by adding at the end the following:
``(B) Federal offenders.--
``(i) In general.--A person who is released from prison, or
placed on parole, supervised release, or probation--
``(I) who is convicted under Federal law of--
``(aa) a criminal offense against a victim who is a minor;
or
``(bb) a sexually violent offense; or
``(II) who has been determined to be a sexually violent
predator,
shall, in addition to complying with the registration
requirement in paragraph (2), register in accordance with the
law of the State of residence of that person.
``(ii) Notification requirements.--The Director of the
Bureau of Prisons shall ensure that each person who is
required to register under this subparagraph is notified of
the requirements of this subparagraph and the potential
consequences of a failure to comply with those requirements.
``(C) Military personnel.--
``(i) In general.--
``(I) Registration under laws of state of residence.--A
member of the Armed Forces of the United States who has--
[[Page S8235]]
``(aa) been convicted of a criminal offense against a
victim who is a minor;
``(bb) been convicted of a sexually violent offense; or
``(cc) been determined to be a sexually violent predator,
by a court of the United States, a court of a State, or a
court-martial under the Uniform Code of Military Justice,
shall register with the entities referred to in subclause
(II).
``(II) Entities.--The entities referred to in this
subclause are--
``(aa) the FBI; and
``(bb) the State of residence of the member, and if
different from the State of residence, the State in which the
member is permanently assigned.
``(III) Determination of state of residence.--For purposes
of subclause (II)(bb), the State of residence of a member of
the Armed Forces of the United States is--
``(aa) in the case of a member whose permanent duty station
is in a State (including such a member who resides on a
military installation or is serving aboard a vessel at sea),
the State where the member resides whenever the member is
present at that permanent duty station; and
``(bb) in the case of a member whose permanent duty station
is outside the United States, the State of the member's home
of record (as determined under regulations prescribed by the
Secretary of the military department concerned).
``(ii) Effect of failure to comply.--A person who is
required to register under this subparagraph and who
knowingly fails to comply with this section may be punished--
``(I) under section 170102(i)(1);
``(II) under the Uniform Code of Military Justice; or
``(III) in accordance with the applicable laws of the State
with respect to which that person is registered.
``(iii) Notification requirements.--The Secretary of
Defense shall ensure that each member of the Armed Forces of
the United States who is required to register under this
paragraph is notified of the requirements of this paragraph
and the potential consequences of a failure to comply with
those requirements.''.
(f) Sense of Senate.--It is the sense of the Senate that
each State should have in effect a law that makes it a crime
to stalk an individual under the age of 16 without requiring
that such individual be physically harmed before a stalker is
restrained or punished.
Sec. 117. (a) In General.--Section 610(b) of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153;
Public Law 102-395) is amended--
(1) by striking ``300'' and inserting ``3,000''; and
(2) by striking ``five years'' and inserting ``seven
years''.
(b) Effective Date.--The amendment made by subsection
(a)(2) shall be deemed to have become effective on October 6,
1992.
Sec. 118. The Director of the United States Marshals
Service shall provide a magnetometer and not less than one
qualified guard at each entrance to the real property
(including offices, buildings, and related grounds and
facilities) that is leased to the United States as a place of
employment for Federal employees at 625 Silver, S.W., in
Albuquerque, New Mexico.
Sec. 119. Section 203(p)(1) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(p)(1)) is
amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph:
``(B)(i) The Administrator may exercise the authority under
subparagraph (A) with respect to such surplus real and
related property needed by the transferee or grantee for--
``(I) law enforcement purposes, as determined by the
Attorney General; or
``(II) emergency management response purposes, including
fire and rescue services, as determined by the Director of
the Federal Emergency Management Agency.
``(ii) The authority provided under this subparagraph shall
terminate on December 31, 1999.''.
Sec. 120. Of the amounts made available under this title
under the heading ``OFFICE OF JUSTICE PROGRAMS'' under the
subheading ``state and local law enforcement assistance'',
not more than 90 percent of the amount otherwise to be
awarded to an entity under the Local Law Enforcement Block
Grant Program shall be made available to that entity, if it
is made known to the Federal official having authority to
obligate or expend such amounts that the entity employs a
public safety officer (as that term is defined in section
1204 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968) does not provide an employee who is public
safety officer and who retires or is separated from service
due to injury suffered as the direct and proximate result of
a personal injury sustained in the line of duty while
responding to an emergency situation or a hot pursuit (as
such terms are defined by State law) with the same or better
level of health insurance benefits that are otherwise paid by
the entity to a public safety officer at the time of
retirement or separation.
Sec. 121. Public Disclosure of Court Appointed Attorneys'
Fees.--Section 3006A(d) of title 18, United States Code, is
amended by striking paragraph (4) and inserting the
following:
``(4) Disclosure of fees.--
``(A) In general.--Subject to subparagraphs (B) through
(E), the amounts paid under this subsection for services in
any case shall be made available to the public by the court
upon the court's approval of the payment.
``(B) Pre-trial or trial in progress.--If a trial is in
pre-trial status or still in progress and after considering
the defendant's interests as set forth in subparagraph (D),
the court shall--
``(i) redact any detailed information on the payment
voucher provided by defense counsel to justify the expenses
to the court; and
``(ii) make public only the amounts approved for payment to
defense counsel by dividing those amounts into the following
categories:
``(I) Arraignment and or plea.
``(II) Bail and detention hearings.
``(III) Motions.
``(IV) Hearings.
``(V) Interviews and conferences.
``(VI) Obtaining and reviewing records.
``(VII) Legal research and brief writing.
``(VIII) Travel time.
``(IX) Investigative work.
``(X) Experts.
``(XI) Trial and appeals.
``(XII) Other.
``(C) Trial completed.--
``(i) In general.--If a request for payment is not
submitted until after the completion of the trial and subject
to consideration of the defendant's interests as set forth in
subparagraph (D), the court shall make available to the
public an unredacted copy of the expense voucher.
``(ii) Protection of the rights of the defendant.--lf the
court determines that defendant's interests as set forth in
subparagraph (D) require a limited disclosure, the court
shall disclose amounts as provided in subparagraph (B).
``(D) Considerations.--The interests referred to in
subparagraphs (B) and (C) are--
``(i) to protect any person's 5th amendment right against
self-incrimination;
``(ii) to protect the defendant's 6th amendment rights to
effective assistance of counsel;
``(iii) the defendant's attorney-client privilege;
``(iv) the work product privilege of the defendant's
counsel;
``(v) the safety of any person; and
``(vi) any other interest that justice may require.
``(E) Notice.--The court shall provide reasonable notice of
disclosure to the counsel of the defendant prior to the
approval of the payments in order to allow the counsel to
request redaction based on the considerations set forth in
subparagraph (D). Upon completion of the trial, the court
shall release unredacted copies of the vouchers provided by
defense counsel to justify the expenses to the court. If
there is an appeal, the court shall not release unredacted
copies of the vouchers provided by defense counsel to justify
the expenses to the court until such time as the appeals
process is completed, unless the court determines that none
of the defendant's interests set forth in subparagraph (D)
will be compromised.''.
Sec. 122. (a) Section 1(d) of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 611(d)) is
amended by inserting after ``The term `agent of a foreign
principal' '' the following: ``(1) includes an entity
described in section 170(b)(1)(A)(vi) of the Internal Revenue
Code of 1986 that receives, directly or indirectly, from a
government of a foreign country (or more than one such
government) in any 12-month period contributions in a total
amount in excess of $10,000, and that conducts public policy
research, education, or information dissemination and that is
not included in any other subsection of 170(b) (1)(A), and
(2)''.
(b) Section 3(d) of such Act (22 U.S.C. 613(d)) is amended
by inserting ``, other than an entity referred to in section
1(d)(1),'' after ``Any person''.
Sec. 123. The Administrative Office of the United States
Courts, in consultation with the Judicial Conference, shall
conduct a study of the average costs incurred in defending
and presiding over Federal capital cases from the initial
appearance of the defendant through the final appeal, and
shall submit a written report to the Chairman and Ranking
Members of the Senate and House Committees on Appropriations
and the Judiciary on or before July 1, 1998, containing
recommendations on measures to contain costs in such cases,
with constitutional requirements.
Sec. 124. The Attorney General shall review the practices
of United States Attorneys' Offices and relevant
investigating agencies in investigating and prosecuting
Federal capital cases, including before the initial
appearance of the defendant through final appeal, and shall
submit a written report to the Chairman and Ranking Members
of the Senate and House Committees on Appropriations and the
Judiciary on or before July 1, 1998, containing
recommendations on measures to contain costs in such cases,
consistent with constitutional requirements, and outlining a
protocol for the effective, fiscally responsible prosecution
of Federal capital cases.
Sec. 125. There shall be no restriction on the use of
Public Safety and Community Policing Grants, authorized under
title I of the 1994 Act, to support innovative programs to
improve the safety of elementary and secondary school
children and reduce crime on or near elementary or secondary
school grounds.
[[Page S8236]]
Sec. 126. Section 1701(b)(2)(A) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd)
is amended to read as follows--
``(A) may not exceed 20 percent of the funds available for
grants pursuant to this subsection in any fiscal year.''.
Sec. 127. Waiver of Certain Vaccination Requirements. (a)
In General.--Section 212 of the Immigration and Nationality
Act (8 U.S.C. 1182) is amended by adding at the end the
following:
``(p) The Attorney General should exercise the waiver
authority provided for in subsection (g)(2)(B) for any alien
orphan applying for an IR3 or IR4 category visa.''.
(b) Report.--The Attorney General, in conjunction with the
Secretaries of Health and Human Services and State, shall
report to Congress within 6 months of the date of enactment
of this Act on how to establish an enforcement program to
ensure that immigrants who receive waivers from the
immunization requirement pursuant to section 212 of the
Immigration and Nationality Act comply with the requirement
of that section after the immigrants enter the United States,
except when such immunizations would not be medically
appropriate in the United States or would be contrary to the
alien's religious or moral convictions.
Sec. 128. Section 233(d) of the Antiterrorism and Effective
Death Penalty Act of 1996 (110 Stat. 1245) is amended by
striking ``1 year after the date of enactment of this Act''
and inserting ``October 1, 1999''.
Sec. 129. Report on Collecting DNA Samples from Sex
Offenders. (a) Definitions.--In this section--
(1) the terms ``criminal offense against a victim who is a
minor'', ``sexually violent offense'', and ``sexually violent
predator'' have the meanings given those terms in section
170101(a) of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14071(a));
(2) the term ``DNA'' means deoxyribonucleic acid; and
(3) the term ``sex offender'' means an individual who--
(A) has been convicted in Federal court of--
(i) a criminal offense against a victim who is a minor; or
(ii) a sexually violent offense; or
(B) is a sexually violent predator.
(b) Report.--From amounts made available to the Department
of Justice under this title, not later than 180 days after
the date of enactment of this Act, the Attorney General shall
submit to Congress a report, which shall include a plan for
the implementation of a requirement that, prior to the
release (including probation, parole, or any other supervised
release) of any sex offender from Federal custody following a
conviction for a criminal offense against a victim who is a
minor or a sexually violent offense, the sex offender shall
provide a DNA sample to the appropriate law enforcement
agency for inclusion in a national law enforcement DNA
database.
(c) Plan Requirements.--The plan submitted under subsection
(b) shall include recommendations concerning--
(1) a system for--
(A) the collection of DNA samples from any sex offender;
(B) the analysis of the collected samples for DNA and other
genetic typing analysis; and
(C) making the DNA and other genetic typing information
available for law enforcement purposes only;
(2) guidelines for coordination with existing Federal and
State DNA and genetic typing information databases and for
Federal cooperation with State and local law in sharing this
information;
(3) addressing constitutional, privacy, and related
concerns in connection with the mandatory submission of DNA
samples; and
(4) procedures and penalties for the prevention of improper
disclosure or dissemination of DNA or other genetic typing
information.
Sec. 130. Extension of Violent Crime Reduction Trust Fund.
(a) Section 310001(b) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14211(b)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following--
``(7) for fiscal year 2001, $4,355,000,000; and
``(8) for fiscal year 2002, $4,455,000,000.
(b) Beginning on the date of enactment of this legislation,
the discretionary spending limits contained in section 201 of
H. Con. Res. 84 (One Hundred Fifth Congress) are reduced as
follows--
(1) for fiscal year 2001, $4,355,000,000 in new budget
authority and $5,936,000,000 in outlays;
(2) for fiscal year 2002, $4,455,000,000 in new budget
authority and $4,485,000,000 in outlays.
Sec. 131. Special Masters For Civil Actions Concerning
Prison Conditions. Section 3626(f) of title 18, United States
Code, is amended--
(1) by striking the subsection heading and inserting the
following:
``(f) Special Masters For Civil Actions Concerning Prison
Conditions.--''; and
(2) in paragraph (4)--
(A) by inserting ``(A)'' after ``(4)'';
(B) in subparagraph (A), as so designated, by adding at the
end the following: ``In no event shall a court require a
party to a civil action under this subsection to pay the
compensation, expenses, or costs of a special master.
Notwithstanding any other provision of law (including section
306 of the Act entitled `An Act making appropriations for the
Departments of Commerce, Justice, and State, the Judiciary,
and related agencies for the fiscal year ending September 30,
1997,' contained in section 101(a) of title I of division A
of the Act entitled `An Act making omnibus consolidated
appropriations for the fiscal year ending September 30, 1997'
(110 Stat. 3009-201)) and except as provided in subparagraph
(B), the requirement under the preceding sentence shall apply
to the compensation and payment of expenses or costs of a
special master for any action that is commenced, before, on,
or after the date of enactment of the Prison Litigation
Reform Act of 1995.''; and
(C) by adding at the end the following:
``(B) The payment requirements under subparagraph (A) shall
not apply to the payment to a special master who was
appointed before the date of enactment of the Prison
Litigation Reform Act of 1995 (110 Stat. 1321-165 et seq.) of
compensation, expenses, or costs relating to activities of
the special master under this subsection that were carried
out during the period beginning on the date of enactment of
the Prison Litigation Reform Act of 1995 and ending on the
date of enactment of this subparagraph.''.
This title may be cited as the ``Department of Justice
Appropriations Act, 1998''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $22,092,000, of which $2,500,000
shall remain available until expended: Provided, That not to
exceed $98,000 shall be available for official reception and
representation expenses: Provided further, That the number of
political appointees on board as of May 1, 1998, shall
constitute not more than fifteen percentum of the total full-
time equivalent positions at the Office of the United States
Trade Representative.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$2,500 for official reception and representation expenses,
$41,000,000 to remain available until expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to 44 U.S.C. 3702 and 3703; full medical coverage for
dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas;
travel and transportation of employees of the United States
and Foreign Commercial Service between two points abroad,
without regard to 49 U.S.C. 1517; employment of Americans and
aliens by contract for services; rental of space abroad for
periods not exceeding ten years, and expenses of alteration,
repair, or improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $327,000 for official representation
expenses abroad; purchase of passenger motor vehicles for
official use abroad, not to exceed $30,000 per vehicle;
obtain insurance on official motor vehicles; and rent tie
lines and teletype equipment; $280,736,000, to remain
available until expended: Provided, That the provisions of
the first sentence of section 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
out these activities without regard to section 5412 of the
Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C.
4912); and that for the purpose of this Act, contributions
under the provisions of the Mutual Educational and Cultural
Exchange Act shall include payment for assessments for
services provided as part of these activities.
Export Administration
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; rental
of space abroad for periods not exceeding ten years, and
expenses of alteration, repair, or improvement; payment of
tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $15,000 for official representation
expenses abroad; awards
[[Page S8237]]
of compensation to informers under the Export Administration
Act of 1979, and as authorized by 22 U.S.C. 401(b); purchase
of passenger motor vehicles for official use and motor
vehicles for law enforcement use with special requirement
vehicles eligible for purchase without regard to any price
limitation otherwise established by law; $43,126,000, to
remain available until expended: Provided, That the
provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for
materials or services provided as part of such activities may
be retained for use in covering the cost of such activities,
and for providing information to the public with respect to
the export administration and national security activities of
the Department of Commerce and other export control programs
of the United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, as
amended, Public Law 91-304, and such laws that were in effect
immediately before September 30, 1982, and for trade
adjustment assistance, $250,000,000: Provided, That none of
the funds appropriated or otherwise made available under this
heading may be used directly or indirectly for attorneys' or
consultants' fees in connection with securing grants and
contracts made by the Economic Development Administration:
Provided further, That, notwithstanding any other provision
of law, the Secretary of Commerce may provide financial
assistance for projects to be located on military
installations closed or scheduled for closure or realignment
to grantees eligible for assistance under the Public Works
and Economic Development Act of 1965, as amended, without it
being required that the grantee have title or ability to
obtain a lease for the property, for the useful life of the
project, when in the opinion of the Secretary of Commerce,
such financial assistance is necessary for the economic
development of the area: Provided further, That the Secretary
of Commerce may, as the Secretary considers appropriate,
consult with the Secretary of Defense regarding the title to
land on military installations closed or scheduled for
closure or realignment.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$22,028,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, as amended, title II of the
Trade Act of 1974, as amended, and the Community Emergency
Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$27,811,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $47,917,000, to remain available until September
30, 1999.
economics and statistics administration revolving fund
The Secretary of Commerce is authorized to disseminate
economic and statistical data products as authorized by
sections 1, 2, and 4 of Public Law 91-412 (15 U.S.C. 1525-
1527) and, notwithstanding section 5412 of the Omnibus Trade
and Competitiveness Act of 1988 (15 U.S.C. 4912), charge fees
necessary to recover the full costs incurred in their
production. Notwithstanding 31 U.S.C. 3302, receipts received
from these data dissemination activities shall be credited to
this account, to be available for carrying out these purposes
without further appropriation.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $138,056,000.
periodic censuses and programs
For expenses necessary to collect and publish statistics
for periodic censuses and programs provided for by law,
$520,726,000, to remain available until expended.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $16,574,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, and operations,
and related services and such fees shall be retained and used
as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided
further, That hereafter, notwithstanding any other provision
of law, NTIA shall not authorize spectrum use or provide any
spectrum functions pursuant to the NTIA Organization Act, 47
U.S.C. Sec. Sec. 902-903, to any Federal entity without
reimbursement as required by NTIA for such spectrum
management costs, and Federal entities withholding payment of
such cost shall not use spectrum: Provided further, That the
Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of the NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from
other Government agencies shall remain available until
expended.
public broadcasting facilities, planning and construction
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $25,000,000, to remain available
until expended as authorized by section 391 of the Act, as
amended: Provided, That not to exceed $1,500,000 shall be
available for program administration as authorized by section
391 of the Act: Provided further, That notwithstanding the
provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for
projects for which applications have been submitted and
approved during any fiscal year: Provided further, That,
notwithstanding any other provision of law, the Pan-Pacific
Education and Communication Experiments by Satellite
(PEACESAT) Program is eligible to compete for Public
Broadcasting Facilities, Planning and Construction funds.
information infrastructure grants
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $11,000,000, to remain available
until expended as authorized by section 391 of the Act, as
amended: Provided, That not to exceed $3,000,000 shall be
available for program administration and other support
activities as authorized by section 391: Provided further,
That of the funds appropriated herein, not to exceed 5
percent may be available for telecommunications research
activities for projects related directly to the development
of a national information infrastructure: Provided further,
That notwithstanding the requirements of section 392(a) and
392(c) of the Act, these funds may be used for the planning
and construction of telecommunications networks for the
provision of educational, cultural, health care, public
information, public safety, or other social services.
Patent and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office
or any successor organization, $656,320,000, to remain
available until expended: Provided, That $629,320,000 of
offsetting collections shall be assessed and collected
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376 and shall
be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein
appropriated from the General Fund shall be reduced as such
offsetting collections are received during fiscal year 1998,
so as to result in a final fiscal year 1998 appropriation
from the General Fund estimated at $27,000,000: Provided
further, That should legislation establishing an Office of
the Under Secretary of Commerce for Intellectual Property
Policy be enacted, such funds as are necessary, not to exceed
2 percent of projected annual revenues of the Patent and
Trademark Office, shall be made available from the sum
appropriated in this paragraph for the staffing, operation,
and support of said office once a plan for this office has
been submitted to the House and Senate Committees on
Appropriations pursuant to section 605 of this Act.
Science and Technology
Technology Administration
under secretary for technology/office of technology policy
salaries and expenses
For necessary expenses for the Under Secretary for
Technology/Office of Technology Policy, $8,800,000.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology, $276,852,000, to remain available
until expended, of which not to exceed $500,000 may be
transferred to the ``Working Capital Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension
Partnership of the National Institute of Standards and
Technology, $111,040,000, to remain available until expended,
of which not to exceed $300,000 may be transferred to the
``Working Capital Fund'': Provided, That notwithstanding the
time limitations imposed by 15 U.S.C. 278k(c) (1) and (5) on
the duration of Federal financial assistance that may be
awarded by the Secretary of Commerce to Regional Centers for
the transfer of Manufacturing Technology (``Centers''), such
Federal financial assistance for a Center may continue beyond
six years and may be renewed for additional periods, not to
exceed one year, at a rate not to exceed one-third of the
Center's total annual costs, subject before any such renewal
[[Page S8238]]
to a positive evaluation of the Center and to a finding by
the Secretary of Commerce that continuation of Federal
funding to the Center is in the best interest of the Regional
Centers for the transfer of Manufacturing Technology Program:
Provided further, That the Center's most recent performance
evaluation is positive, and the Center has submitted a
reapplication which has successfully passed merit review.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $200,000,000, to remain available until expended,
of which not to exceed $500,000 may be transferred to the
``Working Capital Fund.''
construction of research facilities
For renovation of existing facilities of the National
Institute of Standards and Technology, as authorized by 15
U.S.C. 278c-278e, $16,000,000, to remain available until
expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including acquisition, maintenance, operation, and hire of
aircraft; not to exceed 299 commissioned officers on the
active list as of September 30, 1998; grants, contracts, or
other payments to nonprofit organizations for the purposes of
conducting activities pursuant to cooperative agreements; and
alteration, modernization, and relocation of facilities as
authorized by 33 U.S.C. 883i; $1,999,052,000, to remain
available until expended, of which not to exceed $3,800,000
may be made available to the Secretary of Commerce for a
study on the effect of intentional encirclement, including
chase, on dolphins and dolphin stocks in the eastern tropical
Pacific Ocean purse seine fishery: Provided, That
notwithstanding 31 U.S.C. 3302 but consistent with other
existing law, fees shall be assessed, collected, and credited
to this appropriation as offsetting collections to be
available until expended, to recover the costs of
administering aeronautical charting programs: Provided
further, That the sum herein appropriated from the general
fund shall be reduced as such additional fees are received
during fiscal year 1998, so as to result in a final general
fund appropriation estimated at not more than $1,996,052,000:
Provided further, That any such additional fees received in
excess of $3,000,000 in fiscal year 1998 shall not be
available for obligation until October 1, 1998: Provided
further, That fees and donations received by the National
Ocean Service for the management of the national marine
sanctuaries may be retained and used for the salaries and
expenses associated with those activities, notwithstanding 31
U.S.C. 3302: Provided further, That in addition, $62,381,000
shall be derived by transfer from the fund entitled ``Promote
and Develop Fishery Products and Research Pertaining to
American Fisheries'': Provided further, That grants to States
pursuant to sections 306 and 306A of the Coastal Zone
Management Act of 1972, as amended, shall not exceed
$2,000,000. Notwithstanding any other provision of law and
pursuant to the fiscal year 1997 Emergency Supplemental Act
(Public Law 105-18) section 2004, funding for the following
projects is to be made available from prior year carryover
funds: $200,000 for the Ship Creek facility in Anchorage,
Alaska; $1,000,000 for the construction of a facility on the
Gulf Coast in Mississippi; and $300,000 for an open ocean
aquaculture project and community outreach programs in
Durham, New Hampshire.
coastal zone management fund
Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$7,800,000, for purposes set forth in sections 308(b)(2)(A),
308(b)(2)(B)(v), and 315(e) of such Act.
construction
For repair and modification of, and additions to, existing
facilities and construction of new facilities, and for
facility planning and design and land acquisition not
otherwise provided for the National Oceanic and Atmospheric
Administration, $88,000,000, to remain available until
expended.
fleet maintenance and planning
For expenses necessary for the repair, acquisition,
leasing, or conversion of vessels, including related
equipment to maintain and modernize the existing fleet and to
continue planning the modernization of the fleet, for the
National Oceanic and Atmospheric Administration, $15,823,000,
to remain available until expended.
fishing vessel and gear damage compensation fund
For carrying out the provisions of section 3 of Public Law
95-376, not to exceed $200,000, to be derived from receipts
collected pursuant to subsections (b) and (f) of section 10
of the Fishermen's Protective Act of 1967 (22 U.S.C. 1980),
to remain available until expended.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $953,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the
Atlantic Tunas Convention Act of 1975, as amended (Public Law
96-339), the Magnuson-Stevens Fishery Conservation and
Management Act of 1976, as amended (Public Law 100-627), and
the American Fisheries Promotion Act (Public Law 96-561), to
be derived from the fees imposed under the foreign fishery
observer program authorized by these Acts, not to exceed
$189,000, to remain available until expended.
fishing vessel obligations guarantees
For the cost of guaranteed loans, $338,000, as authorized
by the Merchant Marine Act of 1936, as amended: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That none of the funds
made available under this heading may be used to guarantee
loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
General Administration
salaries and expenses
For expenses necessary for the general administration of
the Department of Commerce provided for by law, including not
to exceed $3,000 for official entertainment, $28,490,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended (5 U.S.C. App. 1-11 as amended by Public
Law 100-504), $20,140,000.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary that such payments
are in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 203. None of the funds made available by this Act may
be used to support the hurricane reconnaissance aircraft and
activities that are under the control of the United States
Air Force or the United States Air Force Reserve.
Sec. 204. None of the funds provided in this or any
previous Act, or hereinafter made available to the Department
of Commerce, shall be available to reimburse the Unemployment
Trust Fund or any other fund or account of the Treasury to
pay for any expenses paid before October 1, 1992, as
authorized by section 8501 of title 5, United States Code,
for services performed after April 20, 1990, by individuals
appointed to temporary positions within the Bureau of the
Census for purposes relating to the 1990 decennial census of
population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 206. Any costs incurred by a Department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title shall be absorbed within the total budgetary resources
available to such Department or agency: Provided, That the
authority to transfer funds between appropriations accounts
as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedure set forth
in that section.
Sec. 207. The Secretary may award contracts for
hydrographic, geodetic, and photogrammetric surveying and
mapping services in accordance with title IX of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
541 et seq.).
Sec. 208. There is hereby established the Bureau of the
Census Working Capital Fund, which shall be available without
fiscal year limitation, for expenses and equipment necessary
for the maintenance and operation of such services and
projects as the Director of the Census Bureau determines may
be performed more advantageously when centralized: Provided,
That such central services shall, to the fullest extent
practicable, be used to make unnecessary the maintenance of
separate like services in the divisions and offices of the
Bureau: Provided further, That a separate schedule of
expenditures and reimbursements, and a statement of the
current assets and liabilities of the Working Capital Fund as
of the close of the last completed fiscal year, shall be
prepared each
[[Page S8239]]
year: Provided further, That notwithstanding 31 U.S.C. 3302,
the Working Capital Fund may be credited with advances and
reimbursements from applicable appropriations of the Bureau
and from funds of other agencies or entities for services
furnished pursuant to law: Provided further, That any
inventories, equipment, and other assets pertaining to the
services to be provided by such funds, either on hand or on
order, less the related liabilities or unpaid obligations,
and any appropriations made hereafter for the purpose of
providing capital, shall be used to capitalize the Working
Capital Fund: Provided further, That the Working Capital Fund
shall provide for centralized services at rates which will
return in full all expenses of operation, including
depreciation of fund plant and equipment, amortization of
automated data processing software and hardware systems, and
an amount necessary to maintain a reasonable operating
reserve as determined by the Director.
Sec. 209. None of the funds made available in this Act for
fiscal year 1998 may be used by the Department of Commerce to
make irreversible plans or preparation for the use of
sampling or any other statistical method (including any
statistical adjustment) in taking the 2000 decennial census
of population for purposes of the appropriationment of
Representatives in Congress among the States.
Sec. 210. (a) Section 401 of title 22, United States Code,
is amended--
(1) in subsection (a), by adding after the first sentence
the following: ``The Secretary of Commerce may seize and
detain any commodity (other than arms or munitions of war) or
technology which is intended to be or is being exported in
violation of laws governing such exports and may seize and
detain any vessel, vehicle, or aircraft containing the same
or which has been used or is being used in exporting or
attempting to export such articles.''; and
(2) in subsection (b), by adding the following after ``and
not inconsistent with the provisions hereof.''--
``However, with respect to seizures and forfeitures of
property under this section by the Secretary of Commerce,
such duties as are imposed upon the customs officer or any
other person with respect to the seizure and forfeiture of
property under the customs law may be performed by such
officers as are designated by the Secretary of Commerce or,
upon the request of the Secretary of Commerce, by any other
agency that has authority to manage and dispose of seized
property.''
(b) Section 524(c)(11)(B) of title 28, United States Code,
is amended by adding at the end thereof ``or pursuant to the
authority of the Secretary of Commerce''.
Sec. 211. Notwithstanding any other provision of law, the
Economic Development Administration is directed to transfer
funds obligated and awarded to the Butte-Silver Bow
Consolidated Local Government as Project Number 05-01-02822
to the Butte Local Development Corporation Revolving Loan
Fund to be administered by the Butte Local Development
Corporation, such funds to remain available until expended.
Sec. 212. The Office of Management and Budget shall
designate the Jonesboro-Paragould, Arkansas Metropolitan
Statistical Area in lieu of the Jonesboro, Arkansas
Metropolitan Statistical Area. The Jonesboro-Paragould,
Arkansas Metropolitan Statistical Area shall include both
Craighead County, Arkansas and Greene County, Arkansas, in
their entirety.
Sec. 213. In addition to funds provided elsewhere in this
Act for the National Telecommunications and Information
Administration Information Infrastructure Grants program,
$10,490,000 is available until expended: Provided, That this
amount shall be offset by proportionate reductions in
appropriations provided for the Department of Commerce in
title II of this Act: Provided further, That no reductions
shall be made from any appropriations made available in this
Act for the National Oceanic and Atmospheric Administration,
the National Institute of Standards and Technology and the
National Telecommunications and Information Administration
Public Broadcasting Facilities, Planning and Construction
program.
Sec. 214. Sense of the Senate with Respect to Slamming. (a)
Statement of Purpose.--The purposes of this statement of the
sense of the Senate are to--
(1) protect consumers from the fraudulent transfer of their
phone service provider;
(2) allow the efficient prosecution of phone service
providers who defraud consumers; and
(3) encourage an environment in which consumers can readily
select the telephone service provider which best serves them.
(b) Findings.--The Congress finds the following:
(1) As the telecommunications industry has moved toward
competition in the long distance market, consumers have
increasingly elected to change the company which provides
their long-distance phone service. As many as fifty million
consumers now change their long distance provider annually.
(2) The fluid nature of the long distance market has also
allowed an increasing number of fraudulent transfers to
occur. Such transfers have been termed ``slamming'', which
constitutes any practice that changes a consumer's long
distance carrier without the consumer's knowledge or consent.
(3) Slamming is now the largest single consumer complaint
received by the Common Carrier Bureau of the Federal
Communications Commission. As many as one million consumers
are fraudulently transferred annually to a provider which
they have not chosen.
(4) The increased costs which consumers face as a result of
these fraudulent switches threaten to rob consumers of the
financial benefits created by a competitive marketplace.
(5) The Telecommunications Act of 1996 sought to combat
this problem by directing that any revenues generated by a
fraudulent transfer be payable to the company which the
consumer has expressly chosen, not the fraudulent transferor.
Recently the Federal Communications Commision has exercised
its proper authority to implement this rule. Eliminating the
financial incentive to slam will reduce this problem.
(6) While the Federal Communications Commission has
proposed and promulgated regulations on this subject, the
Commission has not been able to effectively deter the
practice of slamming due to a lack of prosecutorial resources
as well as the difficulty of proving that a provider failed
to obtain the consent of a consumer prior to acquiring that
consumer as a new customer. Commission action to date has not
adequately protected consumers.
(7) The majority of consumers who have been fraudulently
denied the services of their chosen phone service vendor do
not turn to the Federal Communications Commission for
assistance. Indeed, section 258 of the Communications Act of
1934 directs that State commissions shall be able to enforce
regulations mandating that the consent of a consumer be
obtained prior to a switch of service.
(8) It is essential that Congress provide the Federal
Communications Commission, law enforcement, consumers, and
consumer agencies with the ability to efficiently and
effectively prosecute those companies which slam consumers,
thus providing a deterrent to all other firms which provide
phone services.
(c) Sense of the Senate.--It is the sense of the Senate
that--
(1) the Federal Communications Commission should, within 12
months of the date of enactment of this Act, promulgate
regulations, consistent with the Communications Act of 1934
which provide law enforcement officials dispositive evidence
for use in the prosecution of fraudulent transfers of
presubscribed customers of long distance and local service;
and
(2) the Senate should examine the issue of slamming and
take appropriate legislative action in the One Hundred Fifth
Congress to better protect consumers from unscrupulous
practices including, but not limited to, mandating the
recording and maintenance of evidence concerning the consent
of the consumer to switch phone vendors, including a
requirement for third-party verification, establishing higher
civil fines for violations, approving the Federal
Communications Commission's exercise of its authority to
provide by rule for slammed consumers to be exempt from any
payment requirement, and establishing a civil right of action
against fraudulent providers, as well as criminal sanctions
for repeated and willful instances of slamming.
This title may be cited as the ``Department of Commerce and
Related Agencies Appropriations Act, 1998''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance,
and operation of an automobile for the Chief Justice, not to
exceed $10,000 for the purpose of transporting Associate
Justices, and hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve; $28,903,000.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
him by the Act approved May 7, 1934 (40 U.S.C. 13a-13b),
$6,170,000, of which $3,620,000 shall remain available until
expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $15,796,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services as
authorized by 5 U.S.C. 3109, and necessary expenses of the
court, as authorized by law, $11,478,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
(including transfer of funds)
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retire from office or from regular active
service, judges of the United States Court of Federal Claims,
bankruptcy judges,
[[Page S8240]]
magistrate judges, and all other officers and employees of
the Federal Judiciary not otherwise specifically provided
for, and necessary expenses of the courts, as authorized by
law, $2,789,777,000 (including the purchase of firearms and
ammunition); of which not to exceed $16,530,000 shall remain
available until expended for space alteration projects; and
of which not to exceed $10,000,000 shall remain available
until expended for furniture and furnishings related to new
space alteration and construction projects.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$2,450,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
defender services
For the operation of Federal Public Defender and Community
Defender organizations; the compensation and reimbursement of
expenses of attorneys appointed to represent persons under
the Criminal Justice Act of 1964, as amended; the
compensation and reimbursement of expenses of persons
furnishing investigative, expert and other services under the
Criminal Justice Act (18 U.S.C. 3006A(e)); the compensation
(in accordance with Criminal Justice Act maximums) and
reimbursement of expenses of attorneys appointed to assist
the court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement
of travel expenses of guardians ad litem acting on behalf of
financially eligible minor or incompetent offenders in
connection with transfers from the United States to foreign
countries with which the United States has a treaty for the
execution of penal sentences; and the compensation of
attorneys appointed to represent jurors in civil actions for
the protection of their employment, as authorized by 28
U.S.C. 1875(d); $308,000,000, to remain available until
expended as authorized by 18 U.S.C. 3006A(i): Provided, That
the annual incremental cost of each capital representation
shall not exceed $63,000: Provided further, That if the
annual incremental cost of any capital representation exceeds
$63,000, the costs in excess of $63,000 shall be paid equally
out of funds appropriated or otherwise made available to the
administrative units supporting the prosecutor and presiding
judge.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)); $68,252,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under section 5332 of title 5,
United States Code.
court security
For necessary expenses, not otherwise provided for,
incident to the procurement, installation, and maintenance of
security equipment and protective services for the United
States Courts in courtrooms and adjacent areas, including
building ingress-egress control, inspection of packages,
directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702); $167,883,000, of
which not to exceed $26,962,000 shall remain available until
expended for security systems, to be expended directly or
transferred to the United States Marshals Service which shall
be responsible for administering elements of the Judicial
Security Program consistent with standards or guidelines
agreed to by the Director of the Administrative Office of the
United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $53,843,000,
of which not to exceed $7,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $17,495,000; of which
$1,800,000 shall remain available through September 30, 1999,
to provide education and training to Federal court personnel;
and of which not to exceed $1,000 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $25,000,000, to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$7,400,000, and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$1,800,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$9,480,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in
this Act may be transferred between such appropriations, but
no such appropriation, except ``Courts of Appeals, District
Courts, and other Judicial Services, Defender Services'' and
``Courts of Appeals, District Courts, and other Judicial
Services, Fees of Jurors and Commissioners'', shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts,
courts of appeals, and other judicial services shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $10,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in his capacity as Secretary of
the Judicial Conference.
Sec. 304. Section 612 of title 28, United States Code,
shall be amended by striking out subsection (l).
Sec. 305. (a) Short Title.--This section may be cited as
the ``Ninth Circuit Court of Appeals Reorganization Act of
1997''.
(b) Number and Composition of Circuits.--Section 41 of
title 28, United States Code, is amended--
(1) in the matter before the table, by striking
``thirteen'' and inserting ``fourteen'';
(2) in the table, by striking the item relating to the
ninth circuit and inserting the following new item:
California, Nevada.'';.................................................
and
(3) between the last 2 items of the table, by inserting the
following new item:
Alaska, Arizona, Guam, Hawaii, Idaho, Montana, Northern Mariana .......
Islands, Oregon, Washington.''.
(c) Number of Circuit Judges.--The table in section 44(a)
of title 28, United States Code, is amended--
(1) by striking the item relating to the ninth circuit and
inserting the following new item:
``Ninth...........................................................15'';
(2) by inserting between the last 2 items at the end
thereof the following new item:
``Twelfth.........................................................13''.
(d) Places of Circuit Court.--The table in section 48 of
title 28, United States Code, is amended--
(1) by striking the item relating to the ninth circuit and
inserting the following new item:
San Francisco, Los Angeles.'';.........................................
and
(2) by inserting between the last 2 items at the end
thereof the following new item:
Portland, Seattle, Phoenix.''..........................................
(e) Assignment of Circuit Judges and Clerks of the Court.--
Each circuit judge in regular active service of the former
ninth circuit whose official station on the day before the
effective date of this section--
(1) is in California or Nevada is assigned as a circuit
judge on the new ninth circuit;
(2) is in Alaska, Arizona, Guam, Hawaii, Idaho, Montana,
Northern Mariana Islands, Oregon or Washington is assigned as
a circuit judge on the twelfth circuit; and
(3) two co-equal clerks of the court for the twelfth
circuit shall be located in two co-equal circuit seats which
shall be located in Phoenix, Arizona, and Seattle,
Washington, respectively.
(f) Election of Assignment by Senior Judges.--Each judge
who is a senior judge of the former ninth circuit on the day
before the effective date of this section may elect to be
assigned to the new ninth circuit or to the twelfth circuit
and shall notify the Director of the Administrative Office of
the United States Courts of such election.
(g) Seniority of Judges.--The seniority of each judge--
(1) who is assigned under subsection (e); or
(2) who elects to be assigned under subsection (f); shall
run from the date of commission of such judge as a judge of
the former ninth circuit.
(h) Application to Cases.--The provisions of the following
paragraphs of this subsection apply to any case in which, on
the day before the effective date of this section, an appeal
or other proceeding has been filed with the former ninth
circuit:
(1) If the matter has been submitted for decision, further
proceedings in respect of the matter shall be had in the same
manner and with the same effect as if this section had not
been enacted.
(2) If the matter has not been submitted for decision, the
appeal or proceeding, together with the original papers,
printed records, and record entries duly certified,
[[Page S8241]]
shall, by appropriate orders, be transferred to the court to
which it would have gone had this section been in full force
and effect at the time such appeal was taken or other
proceeding commenced, and further proceedings in respect of
the case shall be had in the same manner and with the same
effect as if the appeal or other proceeding had been filed in
such court.
(3) A petition for rehearing or a petition for rehearing en
banc in a matter decided before the effective date of this
section, or submitted before the effective date of this
section and decided on or after the effective date as
provided in paragraph (1) of this subsection, shall be
treated in the same manner and with the same effect as though
this section had not been enacted. If a petition for
rehearing en banc is granted, the matter shall be reheard by
a court comprised as though this section had not been
enacted.
(i) Definitions.--For the purposes of this section, the
term--
(1) ``former ninth circuit'' means the ninth judicial
circuit of the United States as in existence on the day
before the effective date of this section;
(2) ``new ninth circuit'' means the ninth judicial circuit
of the United States established by the amendment made by
subsection (b)(2);
(3) ``twelfth circuit'' means the twelfth judicial circuit
of the United States established by the amendment made by
subsection (b)(3).
(j) Administration.--The court of appeals for the ninth
circuit as constituted on the day before the effective date
of this section may take such administrative action as may be
required to carry out this section. Such court shall cease to
exist for administrative purposes on July 1, 1999.
(k) Effective Date.--This section and the amendments made
by this section shall become effective on October 1, 1997.
Sec. 306. Pursuant to section 140 of Public Law 97-92,
justices and judges of the United States are authorized
during fiscal year 1998, to receive a salary adjustment in
accordance with 28 U.S.C. 461.
Sec. 307. Section 44(c) of title 28, United States Code, is
amended by adding at the end thereof the following sentence:
``In each circuit (other than the Federal judicial circuit)
there shall be at least one circuit judge in regular active
service appointed from the residents of each state in that
circuit.''.
This title may be cited as ``The Judiciary Appropriations
Act, 1998''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
expenses authorized by the State Department Basic Authorities
Act of 1956, as amended; representation to certain
international organizations in which the United States
participates pursuant to treaties, ratified pursuant to the
advice and consent of the Senate, or specific Acts of
Congress; acquisition by exchange or purchase of passenger
motor vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C.
481(c) and 22 U.S.C. 2674; and for expenses of general
administration; $1,727,868,000: Provided, That of the amount
made available under this heading, not to exceed $4,000,000
may be transferred to, and merged with funds in, the
``Emergencies in the Diplomatic and Consular Service''
appropriations account, to be available only for emergency
evacuations and terrorism rewards: Provided further, That of
the amount made available under this heading, not to exceed
$125,000 shall be available only for the Maui Pacific Center:
Provided further, That notwithstanding section 140(a)(5), and
the second sentence of section 140(a)(3), of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236), fees may be collected during fiscal
year 1998 and each fiscal year thereafter under the authority
of section 140(a)(1) of that Act: Provided further, That all
fees collected under the preceding proviso shall be deposited
as an offsetting collection to appropriations made under this
heading to recover the costs of providing consular services
and shall remain available until expended.
In addition, not to exceed $700,000 in registration fees
collected pursuant to section 38 of the Arms Export Control
Act, as amended, may be used in accordance with section 45 of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2717); and in addition not to exceed $1,252,000 shall be
derived from fees collected from other executive agencies for
lease or use of facilities located at the International
Center in accordance with section 4 of the International
Center Act (Public Law 90-553), as amended, and in addition,
as authorized by section 5 of such Act $490,000, to be
derived from the reserve authorized by that section, to be
used for the purposes set out in that section; and in
addition not to exceed $15,000 which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities in accordance with section 46 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to exceed 20
percent of the amounts made available in this Act in the
appropriation accounts ``Diplomatic and Consular Programs''
and ``Salaries and Expenses'' under the heading
``Administration of Foreign Affairs'' may be transferred
between such appropriation accounts: Provided, That any
transfer pursuant to this sentence shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
salaries and expenses
For expenses necessary for the general administration of
the Department of State and the Foreign Service, provided for
by law, including expenses authorized by section 9 of the Act
of August 31, 1964, as amended (31 U.S.C. 3721), and the
State Department Basic Authorities Act of 1956, as amended,
$363,513,000.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$105,000,000, to remain available until expended, as
authorized in Public Law 103-236: Provided, That section
135(e) of Public Law 103-236 shall not apply to funds
available under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended (5 U.S.C. App.), $27,495,000,
notwithstanding section 209(a)(1) of the Foreign Service Act
of 1980, as amended (Public Law 96-465), as it relates to
post inspections.
representation allowances
For representation allowances as authorized by section 905
of the Foreign Service Act of 1980, as amended (22 U.S.C.
4085), $4,100,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services in accordance with the provisions of section 214 of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
4314) and 3 U.S.C. 208, $7,900,000, to remain available until
September 30, 1999.
security and maintenance of united states missions
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300), and
the Diplomatic Security Construction Program as authorized by
title IV of the Omnibus Diplomatic Security and Antiterrorism
Act of 1986 (22 U.S.C. 4851), $420,281,000, to remain
available until expended as authorized by section 24(c) of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2696(c)): Provided, That none of the funds appropriated in
this paragraph shall be available for acquisition of
furniture and furnishings and generators for other
departments and agencies.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service pursuant to the requirement of 31 U.S.C.
3526(e), $5,500,000, to remain available until expended as
authorized by section 24(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2696(c)), of which not to
exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms
and conditions.
repatriation loans program account
For the cost of direct loans, $593,000, as authorized by
section 4 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2671): Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974. In
addition, for administrative expenses necessary to carry out
the direct loan program, $607,000 which may be transferred to
and merged with the Salaries and Expenses account under
Administration of Foreign Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act, Public Law 96-8 (93 Stat. 14), $14,490,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $129,935,000.
International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions
or specific Acts of Congress, $957,009,000, of which not to
exceed $54,000,000 shall remain available until expended for
payment of arreages owed the United Nations: Provided, That
any payment of arrearages shall be directed toward special
activities that are mutually agreed upon by the United States
and the respective international organization: Provided
further, That none of the funds appropriated or otherwise
made available by this Act for ``Contributions to
International Organizations'', including payment of
arrearages owed to the United Nations, may be obligated or
expended unless such obligation or expenditure is expressly
authorized by the enactment of the Foreign Affairs Reform and
Restructuring Act of 1997: Provided further, That
notwithstanding section 402 of this Act, not to
[[Page S8242]]
exceed $10,000,000 may be transferred from the funds made
available under this heading to the ``International
Conferences and Contingencies'' account for assessed
contributions to new or provisional international
organizations or for travel expenses of official delegates to
international conferences: Provided further, That any
transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security $200,320,000, of which not to exceed $46,000,000
shall remain available until expended for payment of
arrearages: Provided, That none of the funds appropriated or
otherwise made available by this Act for ``Contributions for
International Peacekeeping Activities'', including payment of
arrearages, may be obligated or expended unless such
obligation or expenditure is expressly authorized by the
enactment of the Foreign Affairs Reform and Restructuring Act
of 1997.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $10,000 for
representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$18,200,000.
construction
For detailed plan preparation and construction of
authorized projects, $6,463,000, to remain available until
expended, as authorized by section 24(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)).
american sections, international commissions
For necessary expenses, not otherwise provided for the
International Joint Commission and the international Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and for the Border Environment Cooperation
Commission as authorized by Public Law 103-182; $5,010,000,
of which not to exceed $9,900 shall be available for
representation expenses incurred by the International Joint
Commission: Provided, That of the amount made available under
this heading, not to exceed $40,000 shall be available only
for the Bering Straits Commission.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, $14,549,000:
Provided, That the United States' share of such expenses may
be advanced to the respective commissions, pursuant to 31
U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by
section 501 of Public Law 101-246, $5,000,000, to remain
available until expended, as authorized by section 24(c) of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2696(c)).
RELATED AGENCIES
Arms Control and Disarmament Agency
arms control and disarmament activities
For necessary expenses not otherwise provided for arms
control, nonproliferation, and disarmament activities,
$32,613,000 of which not to exceed $50,000 shall be for
official reception and representation expenses as authorized
by the Act of September 26, 1961, as amended (22 U.S.C. 2551
et seq.).
United States Information Agency
international information programs
For expenses, not otherwise provided for, necessary to
enable the United States Information Agency, as authorized by
the Mutual Educational and Cultural Exchange Act of 1961, as
amended (22 U.S.C. 2451 et seq.), the United States
Information and Educational Exchange Act of 1948, as amended
(22 U.S.C. 1431 et seq.), and Reorganization Plan No. 2 of
1977 (91 Stat. 1636), to carry out international
communication, educational and cultural activities; and to
carry out related activities authorized by law, including
employment, without regard to civil service and
classification laws, of persons on a temporary basis (not to
exceed $700,000 of this appropriation), as authorized by
section 801 of such Act of 1948 (22 U.S.C. 1471), and
entertainment, including official receptions, within the
United States, not to exceed $25,000 as authorized by section
804(3) of such Act of 1948 (22 U.S.C. 1474(3)); $427,097,000:
Provided, That not to exceed $1,400,000 may be used for
representation abroad as authorized by section 302 of such
Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign
Service Act of 1980 (22 U.S.C. 4085): Provided further, That
not to exceed $6,000,000, to remain available until expended,
may be credited to this appropriation from fees or other
payments received from or in connection with English
teaching, library, motion pictures, and publication programs
as authorized by section 810 of such Act of 1948 (22 U.S.C.
1475e) and, notwithstanding any other law, fees from student
advising and counseling: Provided further, That not to exceed
$920,000 to remain available until expended may be used to
carry out projects involving security construction and
related improvements for agency facilities not physically
located together with Department of State facilities abroad.
technology fund
For expenses necessary to enable the United States
Information Agency to provide for the procurement of
information technology improvements, as authorized by the
United States Information and Educational Exchange Act of
1948, as amended (22 U.S.C. 1431 et seq.), the Mutual
Educational and Cultural Exchange Act of 1961, as amended (22
U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977
(91 Stat. 1636), $10,000,000, to remain available until
expended.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized by the Mutual Educational and Cultural Exchange
Act of 1961, as amended (22 U.S.C. 2451 et seq.), and
Reorganization Plan No. 2 of 1977 (91 Stat. 1636),
$200,000,000, to remain available until expended as
authorized by section 105 of such Act of 1961 (22 U.S.C.
2455): Provided, That not to exceed $500,000, to remain
available until expended, may be credited to this
appropriation from fees or other payments received from or in
connection with English teaching and publication programs as
authorized by section 810 of the United States Information
and Educational Exchange Act of 1948 (22 U.S.C. 1475a).
eisenhower exchange fellowship program trust fund
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 1998, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by 5 U.S.C. 5376; or for purposes which are
not in accordance with OMB Circulars A-110 (Uniform
Administrative Requirements) and A-122 (Cost Principles for
Non-profit Organizations), including the restrictions on
compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C.
2452), all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 1998, to remain
available until expended.
international broadcasting operations
For expenses necessary to enable the United States
Information Agency, as authorized by the United States
Information and Educational Exchange Act of 1948, as amended,
the United States International Broadcasting Act of 1994, as
amended, and Reorganization Plan No. 2 of 1977, to carry out
international communication activities; $339,655,000, of
which not to exceed $10,000,000 shall be available only on a
dollar-for-dollar basis when matched with the proceeds of
sales of advertising air time, of which not to exceed $16,000
may be used for official receptions within the United States
as authorized by section 804(3) of such Act of 1948 (22
U.S.C. 1747(3)), not to exceed $35,000 may be used for
representation abroad as authorized by section 302 of such
Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign
Service Act of 1980 (22 U.S.C. 4085), and not to exceed
$39,000 may be used for official reception and representation
expenses of Radio Free Europe/Radio Liberty; and in addition,
not to exceed $250,000 from fees as authorized by section 810
of such Act of 1948 (22 U.S.C. 1475e), to remain available
until expended for carrying out authorized purposes; and in
addition, notwithstanding any other provision of law, not to
exceed $1,000,000 in monies received (including receipts from
advertising, if any) by or for the use of the United States
Information Agency from or in connection with broadcasting
resources owned by or on behalf of the Agency, to be
available until expended for carrying out authorized
purposes.
broadcasting to cuba
For expenses necessary to enable the United States
Information Agency to carry out the Radio Broadcasting to
Cuba Act, as amended, the Television Broadcasting to Cuba
Act, and the International Broadcasting Act of 1994,
including the purchase, rent, construction, and improvement
of facilities for radio and television transmission and
reception, and purchase and installation of necessary
equipment for radio and television transmission and
reception, $22,095,000, to remain available until expended.
radio construction
For the purchase, rent, construction, and improvement of
facilities for radio transmission and reception, and purchase
and installation of necessary equipment for radio
[[Page S8243]]
and television transmission and reception as authorized by
section 801 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1471), $32,710,000, to remain
available until expended, as authorized by section 704(a) of
such Act of 1948 (22 U.S.C. 1477b(a)).
east-west center
To enable the Director of the United States Information
Agency to provide for carrying out the provisions of the
Center for Cultural and Technical Interchange Between East
and West Act of 1960 (22 U.S.C. 2054-2057), by grant to the
Center for Cultural and Technical Interchange Between East
and West in the State of Hawaii, $22,000,000: Provided, That
none of the funds appropriated herein shall be used to pay
any salary, or enter into any contract providing for the
payment thereof, in excess of the rate authorized by 5 U.S.C.
5376.
north/south center
To enable the Director of the United States Information
Agency to provide for carrying out the provisions of the
North/South Center Act of 1991 (22 U.S.C. 2075), by grant to
an educational institution in Florida known as the North/
South Center, $3,000,000, to remain available until expended.
General Provisions--Department of State and Related Agencies
Sec. 401. Funds appropriated under this title shall be
available, except as otherwise provided for allowances and
differentials as authorized by subchapter 59 of 5 U.S.C.; for
services as authorized by 5 U.S.C. 3109; and hire of
passenger transportation pursuant to 31 U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State in this Act may be transferred between such
appropriations, but no such appropriations, except as
otherwise specifically provided shall be increased by more
than 10 percent by any such transfers: Provided, That not to
exceed 5 percent of any appropriation made available for the
current fiscal year for the United States Information Agency
in this Act may be transferred between such appropriations,
but no such appropriation, except as otherwise specifically
provided shall be increased by more than 10 percent by any
such transfers: Provided further, That any transfer pursuant
to this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. Funds hereafter appropriated or otherwise made
available under this Act or any other Act may be expended for
compensation of the United States Commissioner of the
International Boundary Commission, United States and Canada,
only for actual hours worked by such Commissioner.
Sec. 404. Any costs incurred by a Department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title shall be absorbed within the total budgetary resources
available to such Department or agency: Provided, That the
authority to transfer funds between appropriations accounts
as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 405. None of the funds appropriated or otherwise made
available by this Act or any other Act for fiscal year 1998
or any fiscal year thereafter may be obligated or expended to
pay for any cost incurred in--
(1) opening or operating any United States diplomatic or
consular post in the Socialist Republic of Vietnam that was
not operating on July 11, 1995;
(2) expanding any United States diplomatic or consular post
in the Socialist Republic of Vietnam that was operating as of
July 11, 1995; or
(3) increasing the total number of personnel assigned to
United States diplomatic or consular posts in the Socialist
Republic of Vietnam in excess of the total number of
personnel assigned to the posts as of July 11, 1995, unless
the President certifies within 60 days of the beginning of
each fiscal year the following:
(A) Based upon a formal assessment of all information
available to the United States Government, the Government of
the Socialist Republic of Vietnam is fully cooperating with
the United States in the following:
(i) Resolving discrepancy cases, live sightings, and field
activities.
(ii) Recovering and repatriating American remains.
(iii) Accelerating efforts to provide documents that will
help lead to fullest possible accounting of prisoners of war
and missing in action.
(iv) Providing further assistance in implementing
trilateral investigations with Laos.
(B) The remains, artifacts, eyewitness accounts, archival
material, and other evidence associated with prisoners of war
and missing in action recovered from crash sites, military
actions, and other locations in Southeast Asia are being
thoroughly analyzed by the appropriate laboratories with the
intent of providing surviving relatives with scientifically
defensible, legal determinations of death or other
accountability that are fully documented and available in
unclassified and unredacted form to immediate family members.
Sec. 406. (a)(1) For purposes of implementing the
International Cooperative Administrative Support Services
program in fiscal year 1998, the amounts referred to in
paragraph (2) shall be transferred in accordance with the
provisions of subsection (b).
(2) Paragraph (1) applies to amounts made available by
title IV of this Act under the heading ``Administration of
Foreign Affairs'' as follows:
(A) $108,932,000 of the amount made available under the
paragraph ``Diplomatic and Consular Programs''.
(B) $3,530,000 of the amount made available under the
paragraph ``Security and Maintenance of United States
Missions''.
(b) Funds transferred pursuant to subsection (a) shall be
transferred to the specified appropriation, allocated to the
specified account or accounts in the specified amount, be
merged with funds in such account or accounts that are
available for administrative support expenses of overseas
activities, and be available for the same purposes, and
subject to the same terms and conditions, as the funds with
which merged, as follows:
(1) Appropriations for the Legislative Branch--
(A) for the Library of Congress, for salaries and expenses,
$500,000; and
(B) for the General Accounting Office, for salaries and
expenses, $12,000.
(2) Appropriations for the Office of the United States
Trade Representative, for salaries and expenses, $302,000.
(3) Appropriations for the Department of Commerce, for the
International Trade Administration, for operations and
administration, $7,055,000.
(4) Appropriations for the Department of Justice--
(A) for legal activities--
(i) for general legal activities, for salaries and
expenses, $194,000; and
(ii) for the United States Marshals Service, for salaries
and expenses, $2,000;
(B) for the Federal Bureau of Investigation, for salaries
and expenses, $2,477,000;
(C) for the Drug Enforcement Administration, for salaries
and expenses, $6,356,000; and
(D) for the Immigration and Naturalization Service, for
salaries and expenses, $1,313,000.
(5) Appropriations for the United States Information
Agency, for international information programs, $25,047,000.
(6) Appropriations for the Arms Control and Disarmament
Agency, for arms control and disarmament activities,
$1,247,000.
(7) Appropriations to the President--
(A) for the Foreign Military Financing Program, for
administrative costs, $6,660,000;
(B) for the Economic Support Fund, $336,000;
(C) for the Agency for International Development--
(i) for operating expenses, $6,008,000;
(ii) for the Urban and Environmental Credit Program,
$54,000;
(iii) for the Development Assistance Fund, $124,000;
(iv) for the Development Fund for Africa, $526,000;
(v) for assistance for the new independent states of the
former Soviet Union, $818,000;
(vi) for assistance for Eastern Europe and the Baltic
States, $283,000; and
(vii) for international disaster assistance, $306,000;
(D) for the Peace Corps, $3,672,000; and
(E) for the Department of State--
(i) for international narcotics control, $1,117,000; and,
(ii) for migration and refugee assistance, $394,000.
(8) Appropriations for the Department of Defense--
(A) for operation and maintenance--
(i) for operation and maintenance, Army, $4,394,000;
(ii) for operation and maintenance, Navy, $1,824,000;
(iii) for operation and maintenance, Air Force, $1,603,000;
and
(iv) for operation and maintenance, Defense-Wide,
$21,993,000; and
(B) for procurement, for other procurement, Air Force,
$4,211,000.
(9) Appropriations for the American Battle Monuments
Commission, for salaries and expenses, $210,000.
(10) Appropriations for the Department of Agriculture--
(A) for the Animal and Plant Health Inspection Service, for
salaries and expenses, $932,000;
(B) for the Foreign Agricultural Service and General Sales
Manager, $4,521,000; and
(C) for the Agricultural Research Service, $16,000.
(11) Appropriations for the Department of Treasury--
(A) for the United States Customs Service, for salaries and
expenses, $2,002,000;
(B) for departmental offices, for salaries and expenses,
$804,000;
(C) for the Internal Revenue Service, for tax law
enforcement, $662,000;
(D) for the Bureau of Alcohol, Tobacco, and Firearms, for
salaries and expenses, $17,000;
(E) for the United States Secret Service, for salaries and
expenses, $617,000; and
(F) for the Comptroller of the Currency, for assessment
funds, $29,000.
(12) Appropriations for the Department of Transportation--
(A) for the Federal Aviation Administration, for
operations, $1,594,000; and
(B) for the Coast Guard, for operating expenses, $65,000.
[[Page S8244]]
(13) Appropriations for the Department of Labor, for
departmental management, for salaries and expenses, $58,000.
(14) Appropriations for the Department of Health and Human
Services--
(A) for the National Institutes of Health, for the National
Cancer Institute, $42,000;
(B) for the Office of the Secretary, for general
departmental management, $71,000; and
(C) for the Centers for Disease Control and Prevention, for
disease control, research, and training, $522,000.
(15) Appropriations for the Social Security Administration,
for administrative expenses, $370,000.
(16) Appropriations for the Department of the Interior--
(A) for the United States Fish and Wildlife Service, for
resource management, $12,000;
(B) for the United States Geological Survey, for surveys,
investigations, and research, $80,000; and
(C) for the Bureau of Reclamation, for water and related
resources, $101,000.
(17) Appropriations for the Department of Veterans Affairs,
for departmental administration, for general operating
expenses, $453,000.
(18) Appropriations for the National Aeronautics and Space
Administration, for mission support, $183,000.
(19) Appropriations for the National Science Foundation,
for research and related activities, $39,000.
(20) Appropriations for the Federal Emergency Management
Agency, for salaries and expenses, $4,000.
(21) Appropriations for the Department of Energy--
(A) for departmental administration, $150,000; and
(B) for atomic energy defense activities, for other defense
activities, $54,000.
(22) Appropriations for the Nuclear Regulatory Commission,
for salaries and expenses, $26,000.
Sec. 407. National Endowment for Democracy.--For grants
made by the United States information Agency to the National
Endowment for Democracy as authorized by the National
Endowment for Democracy Act, $30,000,000, to remain available
until expended. The language on page 119, line 15 to wit,
``$105,000,000'' is deemed to be ``$75,000,000''. This shall
become effective one day after enactment of this Act.
Sec. 408. Sense of the Senate Regarding the Exemplary
Service of John H.R. Berg to the United States. (a)
Findings.--
(1) John H.R. Berg began his service to the United States
Government working for the United States Army at the age of
fifteen after fleeing Nazi persecution in Germany where his
father died in the Auschwitz concentration camp; and
(2) John H.R. Berg's dedication to the United States
Government was further exhibited by his desire to become a
United States citizen, a goal that was achieved in 1981, 35
years after he began his commendable service to the United
States; and
(3) Since 1949, John H.R. Berg has been employed by the
United States Embassy in Paris where he is currently the
Chief of the Visitor's and Travel Unit. And, this year has
supported over 10,700 official visitors, 500 conferences, and
over 15,000 official and unofficial reservations; and
(4) John H.R. Berg's reputation for ``accomplishing the
impossible'' through his dedication, efficiency and knowledge
has become legend in the Foreign Service; and
(5) John H.R. Berg has just completed 50 years of
outstanding service to the United States Government with the
United States Department of State.
(b) Sense of Senate.--Therefore it is the sense of the
Senate that John H.R. Berg deserves the highest praise from
the Congress for his steadfast devotion, caring leadership,
and lifetime of service to the United States Government.
Sec. 409. Not to exceed $2,000,000 may be made available
for the 1999 Women's World Cup Organizing Committee cultural
exchange and exchange related activities associated with the
1999 Women's World Cup.
Sec. 410. Notwithstanding any other provision in this Act
the amount for the Department of State ``capital investment
fund'' shall be $105,000,000.
This title may be cited as the ``Department of State and
Related Agencies Appropriations Act, 1998''.
TITLE V--RELATED AGENCIES
Maritime Administration
operating-differential subsidies
(liquidation of contract authority)
For the payment of obligations incurred for operating-
differential subsidies, as authorized by the Merchant Marine
Act, 1936, as amended, $135,000,000, to remain available
until expended.
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $35,000,000, to remain available until
expended: Provided, That these funds will be available only
upon enactment of an authorization for this program.
operations and training
For necessary expenses of operations and training
activities authorized by law, $69,000,000: Provided, That
reimbursements may be made to this appropriation from
receipts to the ``Federal Ship Financing Fund'' for
administrative expenses in support of that program in
addition to any amount heretofore appropriated.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the
Merchant Marine Act, 1936, $29,000,000, to remain available
until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $1,000,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $4,000,000, which
shall be transferred to and merged with the appropriation for
Operations and Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities
and services and make necessary repairs in connection with
any lease, contract, or occupancy involving Government
property under control of the Maritime Administration, and
payments received therefor shall be credited to the
appropriation charged with the cost thereof: Provided, That
rental payments under any such lease, contract, or occupancy
for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal
year from the construction fund established by the Merchant
Marine Act, 1936, or otherwise, in excess of the
appropriations and limitations contained in this Act or in
any prior appropriation Act, and all receipts which otherwise
would be deposited to the credit of said fund shall be
covered into the Treasury as miscellaneous receipts.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of
America's Heritage Abroad, $206,000, as authorized by Public
Law 99-83, section 1303.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $8,740,000:
Provided, That not to exceed $50,000 may be used to employ
consultants: Provided further, That none of the funds
appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the Chairperson who is permitted 125 billable
days.
Commission on Immigration Reform
salaries and expenses
For necessary expenses of the Commission on Immigration
Reform pursuant to section 141(f) of the Immigration Act of
1990, $459,000 to remain available until expended.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$1,090,000, to remain available until expended as authorized
by section 3 of Public Law 99-7.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, as amended (29 U.S.C. 206(d) and 621-634), the
Americans with Disabilities Act of 1990, and the Civil Rights
Act of 1991, including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); non-monetary awards to private citizens; not
to exceed $27,500,000, for payments to State and local
enforcement agencies for services to the Commission pursuant
to title VII of the Civil Rights Act of 1964, as amended,
sections 6 and 14 of the Age Discrimination in Employment
Act, the Americans with Disabilities Act of 1990, and the
Civil Rights Act of 1991; $242,000,000: Provided, That the
Commission is authorized to make available for official
reception and representation expenses not to exceed $2,500
from available funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-02; not
to exceed $600,000 for land and structure; not to exceed
$500,000 for improvement and care of grounds and repair to
buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed sixteen) and
hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109; $185,949,000, of which not to
exceed $300,000 shall remain available until September 30,
1998, for research and policy studies: Provided, That
$162,523,000 of offsetting collections shall be assessed and
collected pursuant to section 9 of title I of the
[[Page S8245]]
Communications Act of 1934, as amended, and shall be retained
and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That
the sum herein appropriated shall be reduced as such
offsetting collections are received during fiscal year 1998
so as to result in a final fiscal year 1998 appropriation
estimated at $23,426,000: Provided further, That any
offsetting collections received in excess of $162,523,000 in
fiscal year 1998 shall remain available until expended, but
shall not be available for obligation until October 1, 1998.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act of
1936, as amended (46 App. U.S.C. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-02;
$14,300,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses;
$108,000,000: Provided, That not to exceed $300,000 shall be
available for use to contract with a person or persons for
collection services in accordance with the terms of 31 U.S.C.
3718, as amended: Provided further, That notwithstanding any
other provision of law, not to exceed $70,000,000 of
offsetting collections derived from fees collected for
premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
General Fund shall be reduced as such offsetting collections
are received during fiscal year 1997, so as to result in a
final fiscal year 1997 appropriation from the General Fund
estimated at not more than $28,000,000, to remain available
until expended: that not more than $10,000,000 shall be
available from prior year unobligated fee collections:
Provided further, That any fees received in excess of
$70,000,000 in fiscal year 1998 shall remain available until
expended, but shall not be available for obligation until
October 1, 1998: Provided further, That none of the funds
made available to the Federal Trade Commission shall be
available for obligation for expenses authorized by section
151 of the Federal Deposit Insurance Corporation Improvement
Act of 1991 (Public Law 102-242, 105 Stat. 2282-2285):
Provided further, That, for a period of one year, none of the
funds made available to the Federal Trade Commission shall be
spent on an administrative proceeding concerning the merger
of two hospitals where the Commission has already sought
injunctive relief under 15 U.S.C. 53(b), and prior to July 9,
1997, a Court of Appeals has affirmed the denial of the
injunctive relief requested by the Commission unless further
review overturns the decision by the court of appeals.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
as amended, $300,000,000, of which $273,070,000 is for basic
field programs and required independent audits; $2,019,000 is
for the Office of Inspector General, of which such amounts as
may be necessary may be used to conduct additional audits of
recipients; $7,911,000 is for management and administration;
and $17,000,000, to remain available until expended, is for
pro se legal education demonstration projects.
administrative provisions--legal services corporation
Sec. 501. (a) Continuation of Competitive Selection
Process.--None of the funds appropriated in this Act to the
Legal Services Corporation may be used to provide financial
assistance to any person or entity except through a
competitive selection process conducted in accordance with
regulations promulgated by the Corporation in accordance with
the criteria set forth in subsections (c), (d), and (e) of
section 503 of Public Law 104-134 (110 Stat. 1321-52 et
seq.).
(b) Inapplicability of Noncompetitive Procedures.--For
purposes of the funding provided in this Act, rights under
sections 1007(a)(9) and 1011 of the Legal Services
Corporation Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j)
shall not apply.
(c) Additional Procedures.--If, during any term of a grant
or contract awarded to a recipient by the Legal Services
Corporation under the competitive selection process referred
to in subsection (a) and applicable Legal Services
Corporation regulations, the Legal Services Corporation
finds, after notice and an opportunity for a hearing to the
recipient, that the recipient has failed to comply with any
requirement of the Legal Services Corporation Act (42 U.S.C.
2996 et seq.), this Act, or any other applicable law relating
to funding for the Legal Services Corporation, the Legal
Services Corporation may terminate the grant or contract and
institute a new competitive selection process for the area
served by the recipient, notwithstanding the terms of the
grant or contract of the recipient.
Sec. 502. (a) Continuation of Requirements and
Restrictions.--None of the funds appropriated in this Act to
the Legal Services Corporation shall be expended for any
purpose prohibited or limited by, or contrary to any of the
provisions of--
(1) sections 501, 502, 505, 506, and 507 of Public Law 104-
134 (110 Stat. 1321-51 et seq.), and all funds appropriated
in this Act to the Legal Services Corporation shall be
subject to the same terms and conditions as set forth in such
sections, except that all references in such sections to 1995
and 1996 shall be deemed to refer instead to 1997 and 1998,
respectively; and
(2) section 504 of Public Law 104-134 (110 Stat. 1321-53 et
seq.), and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such section, except that--
(A) subsection (c) of such section 504 shall not apply;
(B) paragraph (3) of section 508(b) of Public Law 104-134
(110 Stat. 1321-58) shall apply with respect to the
requirements of subsection (a)(13) of such section 504,
except that all references in such section 508(b) to the date
of enactment shall be deemed to refer to April 26, 1996; and
(C) subsection (a)(11) of such section 504 shall not be
construed to prohibit a recipient from using funds derived
from a source other than the Corporation to provide related
legal assistance to--
(i) an alien who has been battered or subjected to extreme
cruelty in the United States by a spouse or a parent, or by a
member of the spouse's or parent's family residing in the
same household as the alien and the spouse or parent
consented or acquiesced to such battery or cruelty; or
(ii) an alien whose child has been battered or subjected to
extreme cruelty in the United States by a spouse or parent of
the alien (without the active participation of the alien in
the battery or extreme cruelty), or by a member of the
spouse's or parent's family residing in the same household as
the alien and the spouse or parent consented or acquiesced to
such battery or cruelty, and the alien did not actively
participate in such battery or cruelty.
(b) Definitions.--For purposes of subsection (a)(2)(C):
(1) The term ``battered or subjected to extreme cruelty''
has the meaning given such term under regulations issued
pursuant to subtitle G of the Violence Against Women Act of
1994 (Public Law 103-322; 108 Stat. 1953).
(2) The term ``related legal assistance'' means legal
assistance directly related to the prevention of, or
obtaining of relief from, the battery or cruelty described in
such subsection.
Sec. 503. (a) Continuation of Audit Requirements.--The
requirements of section 509 of Public Law 104-134 (110 Stat.
1321-58 et seq.), other than subsection (l) of such section,
shall apply during fiscal year 1998.
(b) Requirement of Annual Audit.--An annual audit of each
person or entity receiving financial assistance from the
Legal Services Corporation under this Act shall be conducted
during fiscal year 1998 in accordance with the requirements
referred to in subsection (a).
Sec. 504. (a) Debarment.--The Legal Services Corporation
may debar a recipient, on a showing of good cause, from
receiving an additional award of financial assistance from
the Legal Services Corporation. Any such action to debar a
recipient shall be instituted after the Legal Services
Corporation provides notice and an opportunity for a hearing
to the recipient. The decision regarding the debarment shall
not be subject to Section 1011 of the Legal Services
Corporation Act (42 U.S.C. 2996j).
(b) The Legal Services Corporation shall promulgate
regulations to implement this section.
(c) In this section, the term ``good cause'', used with
respect to debarment, includes--
(1) prior termination of the financial assistance of the
recipient, under part 1640 of title 45, Code of Federal
Regulations (or any similar corresponding regulation or
ruling);
(2) prior termination in whole, under part 1606 of title
45, Code of Federal Regulations (or any similar corresponding
regulation or ruling), of the most recent financial
assistance received by the recipient, prior to the date of
the debarment decision;
(3) substantial violation by the recipient of the statutory
or regulatory restrictions that prohibit recipients from
using financial assistance made available by the Legal
Services Corporation or other financial assistance for
purposes prohibited under the Legal Services Corporation
Act (42 U. S.C. 2996 et seq.) or for involvement in any
activity prohibited by, or inconsistent with, section 504 of
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1996,
section 502(a)(2) of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 1997, or section 502(a)(2) of this title;
(4) knowing entry by the recipient into a subgrant,
subcontract, or other agreement with an entity that had been
debarred by the Corporation; or
[[Page S8246]]
(5) the filing of a lawsuit by the recipient, on behalf of
the recipient, as part of any program receiving any federal
funds, naming the Legal Services Corporation, or any agency
or employee of a federal, state, or local government, as a
defendant.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, as amended,
$1,240,000.
Gambling Impact Study Commission
salaries and expenses
For necessary expenses of the National Gambling Impact
Study Commission, $1,000,000, to remain available until
expended: Provided, That funds made available for this
purpose shall be taken from funds made available on page 23,
line 16.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,000 for official reception and representation expenses,
$285,412,000, of which not to exceed $10,000 may be used
toward funding a permanent secretariat for the International
Organization of Securities Commissions, and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations, appropriate representatives and staff
to exchange views concerning developments relating to
securities matters, development and implementation of
cooperation agreements concerning securities matters and
provision of technical assistance for the development of
foreign securities markets, such expenses to include
necessary logistic and administrative expenses and the
expenses of Commission staff and foreign invitees in
attendance at such consultations and meetings including: (1)
such incidental expenses as meals taken in the course of such
attendance, (2) any travel and transportation to or from such
meetings, and (3) any other related lodging or subsistance:
Provided, That fees and charges authorized by section 6(b)(4)
of the Securities Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(d))
shall be credited to this account as offsetting collections:
Provided further, That not to exceed $249,523,000 of such
offsetting collections shall be available until expended for
necessary expenses of this account: Provided further, That
the total amount appropriated from the General Fund for
fiscal year 1998 under this heading shall be reduced as all
such offsetting collections are deposited to this
appropriation so as to result in a final total fiscal year
1998 appropriation from the General Fund estimated at no more
than $35,889,000.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law
103-403, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344, and not to exceed
$3,500 for official reception and representation expenses,
$246,100,000, of which $16,500,000 shall be available to fund
technical assistance grants in fiscal year 1998 as authorized
by section 7(m) of the Small Business Act, as amended:
Provided, That the Administrator is authorized to charge fees
to cover the cost of publications developed by the Small
Business Administration, and certain loan servicing
activities: Provided further, That notwithstanding 31 U.S.C.
3302, revenues received from all such activities shall be
credited to this account, to be available for carrying out
these purposes without further appropriations: Provided
further, That $75,800,000 shall be available to fund grants
for performance in fiscal year 1997 or fiscal year 1998 as
authorized by section 21 of the Small Business Act, as
amended.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended (5 U.S.C. App. 1-11, as amended by Public
Law 100-504), $10,600,000.
business loans program account
For the cost of guaranteed loans, $181,232,000, as
authorized by 15 U.S.C. 631 note: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That during fiscal year 1998,
commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958, as amended, shall not exceed
the amount of financings authorized under section 20(n)(2)(B)
of the Small Business Act, as amended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $94,000,000, which may
be transferred to and merged with the appropriations for
Salaries and Expenses.
disaster loans program account
For administrative expenses to carry out the direct loan
program, as authorized by section 7(b) of the Small Business
Act, as amended, $173,200,000, including not to exceed
$500,000 for the Office of Inspector General of the Small
Business Administration for audits and reviews of disaster
loans and the disaster loan program, and said sums may be
transferred to and merged with appropriations for Salaries
and Expenses and Office of Inspector General.
surety bond guarantees revolving fund
For additional capital for the ``Surety Bond Guarantees
Revolving Fund'', authorized by the Small Business Investment
Act, as amended, $3,500,000, to remain available without
fiscal year limitation as authorized by 15 U.S.C. 631 note.
administrative provision--small business administration
Sec. 505. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act
of 1992 (Public Law 102-572 (106 Stat. 4515-4516)),
$13,550,000, to remain available until expended: Provided,
That not to exceed $2,500 shall be available for official
reception and representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 1997, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds which (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or
activities; or (6) contracts out or privatizes any functions,
or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of
Congress are notified fifteen days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 1997, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a
change in existing programs, activities, or projects as
approved by Congress; unless the Appropriations Committees of
both Houses of Congress are notified fifteen days in advance
of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency
repair), overhaul, conversion, or modernization of vessels
for the National Oceanic and Atmospheric Administration in
shipyards located outside of the United States.
Sec. 607. (a) Purchase of American-Made Equipment and
Products. --It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
[[Page S8247]]
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Sec. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines
of the Equal Employment Opportunity Commission covering
harassment based on religion, when it is made known to the
Federal entity or official to which such funds are made
available that such guidelines do not differ in any respect
from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds made available in this Act
shall be used to provide the following amenities or personal
comforts in the Federal prison system--
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC-17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or
training equipment for boxing, wrestling, judo, karate, or
other martial art, or any bodybuilding or weightlifting
equipment of any sort;
(4) possession of in-cell coffee pots, hot plates or
heating elements; or
(5) the use or possession of any electric or electronic
musical instrument.
Sec. 610. Any costs incurred by a Department or agency
funded under this Act resulting from personnel actions taken
in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to
such Department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be
necessary to carry out this section is provided in addition
to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 611. None of the funds made available in this Act to
the Federal Bureau of Prisons may be used to distribute or
make available any commercially published information or
material to a prisoner when it is made known to the Federal
official having authority to obligate or expend such funds
that such information or material is sexually explicit or
features nudity.
Sec. 612. The second proviso of the second paragraph under
the heading ``office of the chief signal officer.'' in the
Act entitled ``An Act Making appropriations for the support
of the Regular and Volunteer Army for the fiscal year ending
June thirtieth, nineteen hundred and one'', approved May 26,
1900 (31 Stat. 206; chapter 586; 47 U.S.C. 17), is repealed.
Sec. 613. Exclusion From the United States of Aliens Who
Have Been Involved in Extrajudicial and Political Killings in
Haiti. (a) Grounds for Exclusion.--None of the funds
appropriated or otherwise made available in this Act shall be
used to issue visas to any person who--
(1) has been credibly alleged to have ordered, carried out,
or materially assisted in the extrajudicial and political
killings of Antoine Izmery, Guy Malary, Father Jean-Marie
Vincent, Pastor Antoine Leroy, Jacques Fleurival, Mireille
Durocher Bertin, Eugene Baillergeau, Michelange Hermann, Max
Mayard, Romulus Dumarsais, Claude Yves Marie, Mario Beaubrun,
Leslie Grimar, Joseph Chilove, Michel Gonzalez, and Jean-
Hubert Feuille;
(2) has been included in the list presented to former
President Jean-Bertrand Aristide by former National Security
Council Advisor Anthony Lake in December 1995, and acted upon
by President Rene Preval;
(3) was a member of the Haitian presidential security unit
who has been credibly alleged to have ordered, carried out,
or materially assisted in the extrajudicial and political
killings of Pastor Antoine Leroy and Jacques Fleurival, or
who was suspended by President Preval for his involvement in
or knowledge of the Leroy and Fleurival killings on August
20, 1996;
(4) was sought for an interview by the Federal Bureau of
Investigation as part of its inquiry into the March 28, 1995,
murder of Mireille Durocher Bertin and Eugene Baillergeau,
Jr., and was credibly alleged to have ordered, carried out,
or materially assisted in those murders, per a June 28, 1995,
letter to the then Minister of Justice of the Government of
Haiti, Jean-Joseph Exume;
(5) was a member of the Haitian High Command during the
period 1991 through 1994, and has been credibly alleged to
have planned, ordered, or participated with members of the
Haitian Armed Forces in--
(A) the September 1991 coup against any person who was a
duly elected government official of Haiti (or a member of the
family of such official), or
(B) the murders of thousands of Haitians during the period
1991 through 1994; or
(6) has been credibly alleged to have been a member of the
paramilitary organization known as FRAPH who planned,
ordered, or participated in acts of violence against the
Haitian people.
(b) Exemption.--Subsection (a) shall not apply if the
Secretary of State finds, on a case-by-case basis, that the
entry into the United States of a person who would otherwise
be excluded under this section is necessary for medical
reasons or such person has cooperated fully with the
investigation of these political murders. If the Secretary of
State exempts any such person, the Secretary shall notify the
appropriate congressional committees in writing.
(c) Reporting Requirement.--(1) The United States chief of
mission in Haiti shall provide the Secretary of State a list
of those who have been credibly alleged to have ordered or
carried out the extrajudicial and political killings
mentioned in paragraph (1) of subsection (a).
(2) The Secretary of State shall submit the list provided
under paragraph (1) to the appropriate congressional
committees not later than 3 months after the date of
enactment of this Act.
(3) The Secretary of State shall submit to the appropriate
congressional committees a list of aliens denied visas, and
the Attorney General shall submit to the appropriate
congressional committees a list of aliens refused entry to
the United States as a result of this provision.
(4) The Secretary of State shall submit a report under this
subsection not later than 6 months after the date of
enactment of this Act and not later than March 1 of each year
thereafter as long as the Government of Haiti has not
completed the investigation of the extrajudicial and
political killings and has not prosecuted those implicated
for the killings specified in paragraph (1) of subsection
(a).
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means the Committee on
International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate.
Sec. 614. Sense of the Senate That the Federal Government
Should Not Manipulate Universal Service Support Payments to
Balance the Federal Budget. (a) Findings.--The Congress finds
that--
(1) it reaffirmed the importance of universal service
support for telecommunications services by passing the
Telecommunications Act of 1996;
(2) the Telecommunications Act of 1996 required the Federal
Communications Commission to preserve and advance universal
service based on the following principles:
(A) Quality services should be available at just,
reasonable, and affordable rates.
(B) Access to advanced telecommunications and information
services should be provided in all regions of the Nation.
(C) Consumers in all regions of the Nation, including low-
income consumers and those in rural, insular, and high cost
areas, should have access to telecommunications and
information services, including interexchange services and
advanced telecommunications and information services, that
are reasonably comparable to those services provided in urban
areas and that are available at rates that are reasonably
comparable to rates charged for similar services.
(D) All providers of telecommunications services should
make an equitable and nondiscriminatory contribution to the
preservation and advancement of universal service.
(E) There should be specific, predictable, and sufficient
Federal and State mechanisms to preserve and advance
universal service.
(F) Elementary and secondary schools and classrooms, health
care providers, and libraries should have access to advanced
telecommunications services.
(3) Federal and State universal contributions are
administered by an independent, non-Federal entity and are
not deposited into the Federal Treasury and therefore not
available for Federal appropriations.
(4) The Conference Committee on the Balanced Budget
Reconciliation Act of 1997, is considering proposals that
would withhold Federal universal service funds in the year
2002.
(5) The withholding of billions of dollars of universal
service support payments may result in temporary rate
increases in rural and high cost areas and may delay
qualifying schools, libraries, and rural health facilities
discounts directed under the Telecommunications Act of 1996.
(b) Sense of the Senate.--Therefore, it is the sense of the
Senate that the Balanced Budget Reconciliation Act of 1997
should not manipulate, modify, or impair universal service
support as a means to achieve a balanced Federal budget or to
achieve Federal budget savings.
Sec. 615. For fiscal year 1998 and subsequent fiscal years,
in establishing the income or assets of an individual who is
a victim of domestic violence, under section 1007(a)(2) of
the Legal Services Corporation Act (42 U.S.C. 2996f(a)(2)),
to determine if the individual is eligible for legal
assistance, a recipient described in such section shall
consider only the assets and income of the individual, and
shall not include any jointly held assets.
Sec. 616. The Legal Services Corporation shall--
(1) conduct a study to determine the estimated number of
individuals who were unable to obtain assistance from its
grantees as a result of the enactment of section 504(a)(16)
of the Departments of Commerce, Justice,
[[Page S8248]]
and State, the Judiciary, and Related Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-55), during the
six month period commencing with the enactment of this Act;
and
(2) not later than 30 days thereafter, submit to Congress a
report describing the results of the study conducted under
paragraph (1).
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
working capital fund
(rescission)
Of the unobligated balances available under this heading on
September 30, 1997, $30,310,000 are rescinded.
This Act may be cited as the ``Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998''.
Mr. GREGG. Mr. President, I move to reconsider the vote.
Mr. HOLLINGS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. GREGG. Mr. President, at this point, I certainly want to thank
Senators for their cooperation on the passage of the Commerce, State,
Justice bill. I, obviously, especially thank the Senator from South
Carolina without whose expertise and input we could not have moved this
bill in such an aggressive and bipartisan manner. He has a huge
institutional knowledge, which he used in a most constructive and
effective way in allowing us to pull together a bill that can work and
that has passed with an exceptionally strong vote. I thank him for all
his assistance.
Mr. HOLLINGS. Mr. President, as we say at home, let the record speak.
I have been with this bill 26 years and, as the distinguished Senator
from New Hampshire said, it was the first time we ever passed the bill
unanimously. I thank the Senator for his cooperation and wonderful help
on both sides.
Mr. GREGG. It could not have been done without the Senator's efforts
and especially the assistance of the staff, which worked overtime on
both sides of the aisle.
I especially want to thank Scott Gudes, who is the minority staff
leader, and his assistants, Emily East and Karen Swanson Wolf, for
their exceptional work on our side of the aisle. We had a wonderful
team that worked literally hundreds of hours and did an exceptional
job: Jim Morhard, who is the clerk, Kevin Linskey, Paddy Link, Carl
Truscott, Dana Quam, and Vasiliki Alexopoulos. I can't say enough about
the extraordinary effort that these people put in, and it certainly
reflects in their expertise.
I would have to say that actually I am not sure we had a majority
that passed this bill at one point earlier this year. So, the fact that
it was passed in this way reflects the fact that a lot of extraordinary
work went into it.
Again, I thank everyone for their participation.
Mr. HOLLINGS. Mr. President, I want to thank again the distinguished
chairman, Senator Gregg, from New Hampshire. He has worked these issues
very hard and studied these programs with great deliberation. He has
done a really, really superb job on this State, Justice, and Commerce
bill. He has put this bill together in a bipartisan fashion,
considering Members' interests from both sides of the aisle.
You know that is the way appropriations bills have worked in the
past. Mr. President, that is the way they are supposed to work. It has
enabled us to pass this bill through committee with overwhelming
support. It has enabled us to quickly complete action in just a little
more than 1 day. And, I believe that this spirit of bipartisanship will
be reflected shortly in the vote on final passage.
Of course, I would also like to recognize the support and guidance
from our new Committee Chairman Ted Stevens and his right hand man, our
committee staff director Steve Cortese. They are getting the trains to
run on time. In fact, we are way ahead of the House, which hasn't even
taken up the State, Justice, and Commerce bill. Steve Cortese has taken
on the job of running our full Appropriations Committee as well as
continuing to serve as staff director of the Defense Subcommittee. That
is incredible. And, we, of course, very much appreciate the support of
our leader, Senator Byrd and his staff director, Jim English. Senator
Byrd and Jim English know these 13 appropriations bills thoroughly.
They work tirelessly and continue to watch out for our committee and
for our Senate as an institution.
Mr. President, I would like to take a minute to recognize the
subcommittee staff. On the majority side they are led by Jim Morhard.
Jim is level headed and experienced. He knows appropriations and how to
put together legislation and build consensus. I can tell you that
Chairman Stevens and Senator Gregg know they can rely on Jim's counsel.
His staff includes Paddy Link, Kevin Linskey, Dana Quam, Vasiliki
Alexopoulos, and Carl Truscott, who is on detail from the U.S. Secret
Service. These individuals have been working night and day putting
together this bill. They are all new this year to the subcommittee. Jim
Morhard moved over from military construction appropriations; Paddy
Link joined us from the Commerce, Science, and Transportation
Committee; and Kevin Linskey worked for the distinguished former
leader, Senator Dole. They each bring unique backgrounds and
perspectives to their positions. And, they have each had to learn about
the agencies and programs in this very diverse and important State,
Justice, and Commerce appropriations bill. They have had to be quick
studies. They have done a truly outstanding job, and they have done a
real service for the committee and the Senate.
I especially want to recognize Paddy Link for her dedication. I have
known Paddy for years. She was, of course, Larry Pressler's chief of
staff on the Commerce, Science, and Transportation Committee. She has
experience over in the House Science Committee and during the Reagan
and Bush administrations Paddy was at Commerce and served as director
of legislative affairs at NOAA. During the same week that this bill
went before the subcommittee, Paddy's father suffered a severe stroke
and tragically passed away. Paddy continued to lend a hand even under
such trying circumstances. I think she knows that all the Members'
hearts go out to her and her family in their loss. She went far beyond
the call of duty to help out in the production of this bill. It is a
tribute to her sense of public service and professionalism.
Finally, I want to recognize the staff on our side. Scott Gudes, our
subcommittee staff director, has been with me now for almost 7 years
after 4\1/2\ years on Defense appropriations. He has been with me so
long that I've got him automatically thinking of USC as meaning the
University of South Carolina instead of another institution in his
native southern California. Karen Swanson Wolf, who is on detail to us
from the National Oceanic and Atmospheric Administration, has been
doing a great job for the subcommittee. She has been dealing with
justice and judiciary issues, and has been working on patent and
trademark issues. And, finally, Emelie East who helps out this
subcommittee as well as the Defense, Military Construction and Foreign
Operations Subcommittees. Senator Byrd has picked a winner there. Every
subcommittee, even the majority staff, keep putting in requests for
Emelie to help out in markup, on the floor, and in conference. She is
our utility player on the Appropriations Committee going from one bill
to another. And, with this bill she will be seeing her fourth get
through the Senate and be sent to the House of Representatives. Ms.
East is as professional as they get and we all appreciate the
outstanding work she does day in and day out.
So Mr. President, I just wanted to recognize these fine public
servants. We don't do that enough around here. I, for one, appreciate
their hard work.
I suggest the absence of a quorum.
The PRESIDING OFFICER (Mrs. Hutchison). The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. ALLARD. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Gorton). Without objection, it is so
ordered.
____________________