[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the quorum call be rescinded.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.

                          ____________________